PLANNING AND ZONING COMMISSION IS RECONVENED INTO OPEN SESSION, AND THAT ALL COUNCILMEMBERS ARE PRESENT. >> ALL COMMISSION MEMBERS WITH THE EXCEPTION OF MR. OLLEY, COMMISSIONER OLLEY, ARE PRESENT. >> DISCUSSION AND ACTION ON REGULATORY CHANGES TO HOUSING STANDARDS. ITEM A, PRESENTATION AND DISCUSSION OF CHANGES TO THE SHORT-TERM RENTAL. >> I'M THE DIRECTOR OF POLICY AND GOFORT RELATIONS WITH THE CITY OF PLANO. I WANT TO PROVIDE A BRIEF UPDATE FOR THE GROUP, AND THE PUBLIC. ON W WHERE SHORT-TERM RENTAL LEGISLATION LANDS CURRENTLY. ALL WITH THE DISCLAIMER WE ARE CURRENTLY IN THE PROCESS OF THE LEGISLATIVE SESSION, THAT WON'T CONCLUSION UNTIL THE END OF THIS MONTH. HOUSE BILL 2665, COMMISSION AND STUDY ON STR REGULATIONS, PREVIOUSLY IN OTHER FORMS, SOME PRE-EMPTION ELEMENTS TO IT. THIS STUDY IS LIKELY TO MOVE FORWARD. IT WAS HEARD ON THE HOUSE BILL THIS EVENING. 3169 PREEMPTS SHORT-TERM RENTAL RENTAL REGULATIONS IN ONLY ONE CITY IN TEXAS, THAT IS. [ KETD, BUT WE ARE CONTINUING TO MONITOR THAT BILL AS AN AMENDMENT COULD RUN THE SCOPE OF WHAT THAT IMPACTS, SENATE BILL 929 IS BY FAR THE MOST PRESSING PROBLEMATIC THAT HAS POPPED UP, SIMPLY HOW QUICKLY IT HAS MOVED THROUGH THE PROCESS. IT DOES CAUSE SOME CONSIDERABLE ISSUES WHEN IT COMES TO NOTICE AND COMPENSATION, THAT A MUNICIPALITY MUST PROVIDE WHEN CREATING OR STOPPING A NONCONFORMING USE, AND SO THAT IS A BILL THAT STAFF HAS REQUESTED MORE TIME TO REALLY ANALYZE. IT IS ON THE GOVERNOR'S DESK CURRENTLY. HE IS ANTICIPATED TO SIGN THAT. IF HE DOESN'T SIGN IT, IT DOES AUTOMATICALLY BECOME LAW WITHIN TEN DAYS, HAVING REACHED A SUPER MAJORITY, I'LL MOVE FORWARD SO YOU CAN SEE SOME OF THOSE NOTES THERE, HAVING REACHED A SUPER MAJORITY IN BOTH CHAMBERS, THAT IS WHAT THERE WILL TRIGGER THAT IMMEDIATE EFFECT. MOST LEGISLATION WILL NOT TAKE EFFECT UNTIL SEPTEMBER 1 AFTER A SESSION. THIS ONE WOULD CAUSE ISSUES PARTICULARLY WITH AN STR BAN BECAUSE WE WOULD BE CREATING NONCONFIRMING USES WHICH THOSE TRIGGER PROVISIONS OF THE BILL. IT DOES IMPACT NOTICE AND COMPENSATION ISSUES AND SO WE'RE ASKING FOR MORE TIME. ONE ADDITIONAL BILL I WANTED TO HIGHLIGHT, HOUSE BILL 2127 IS WHAT WE ARE CALLING A SUPER PRE-EMPTION BILL, IT HAS -- REALLY PAINTS WITH A BROAD BRUSH WHEN IT COMES TO PRE-EMPTION FOR LOCAL GOVERNMENTS. IT HAS PASSED THE HOUSE, IT IS A GOVERNOR -- HE HAS EXPRESSED A PRIORITY FOR THIS BILL. THESE ARE THE VARIOUS CODES THAT IT WOULD PREEMPT AUTHORITY IN BROADLY. OF NOTE, OCCUPATION AND PROPERTY CODE CAUSED FOR OUR LEGAL TEAM. I ALSO INCLUDED SOME OTHER SUPER PRE-EMPTION EXAMPLES IT IS SOMETHING THAT BOTH OF THESE BODIES WILL HEAR A LOT MORE ABOUT AS WE MOVE THROUGH THIS PROCESS, SO I WANTED EVERYONE TO BE AWARE THAT IT'S GOING TO BE FAR REACHING AND VERY BROAD, BUT WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS. >> Mayoruns: ANY QUESTIONS FOR ANDREW? THANKS ANDREW. >> THANK YOU. >> I'M CHRISTINA DAY, THE DIRECTOR OF PLANNING, AND WE'LL TALK A LITTLE MORE ABOUT YOUR ITEMS IN YOUR PACKET THIS EVENING, SO ALL THESE ITEMS RELATE TO OUR SHORT-TERM RENTAL PROCESS THAT HAS BEEN ON GOING, JUST A QUICK OVERVIEW, WE HAVE INITIATED THE PROCESS SOME TIME AGO, THERE WERE SOME EXECUTS REGULAR UPDATES TO CITY COUNCIL THAT OCCURRED OVER A NUMBER OF YEARS. WE STARTED RESEARCHING THE ISSUE, AND WE HAD REGULAR PUBLIC INPUT THAT BEGAN, THAT LED TO DIRECTION, THE COUNCIL DIRECTING ACTION ON THIS ISSUE, AND THEN WE STARTED WORKING ON OUTREACH AND DATA COLLECTION, THEN SOME INCIDENTS OCCURRED IN THE COMMUNITY WHERE WE GOT DIRECTION FROM COUNCIL TO START SOME INTERIM MEASURES, THAT RESULTED IN THIS MEETING, AND WE ARE STILL WORKING ON COLLECTINGATA AND RESULTS BASED ON TOOLS THAT COULD BE IMPLEMENTED THIS EVENING. THEN OUR KIND OF LONGER TERM PROCESS THAT WE STARTED INITIALLY BASED ON THE ARLINGTON MODEL IS A PUBLIC OUTREACH PROCESS. WE'VE GOT REPRESENTATIVES FROM GAP STRATEGIES WHO IS OUR CONSULTING TEAM HERE TONIGHT, AND THEY'RE HELPING US -- WE'VE CREATED A WEBSITE AND SURVEY AND SO THAT IS UNDERWAY, WE'RE GOING TO BE LOOKING AT THE EFFECTIVENESS OF A CURRENT TOOLS WE HAVE, AND THAT SHOULD RESULT IN RECOMMENDATIONS FOR PERMANENT MEASURES, AND SO WE HOPE THE END OF THIS PROCESS, THERE WILL BE ADOPTION OF PERMANENT MEASURES THAT ARE DATABASED, OUTREACH BASE AND RESEARCH BASED, SO THEY'RE VERY DEFENSIBLE FOR THE COMMUNITY. SO I'VE GOT DATES HERE, I'LL VERY QUICKLY TOUCH ON FROM 2018 TO 2022, THAT'S WHERE THERE WERE SOME UPDATES TO CITY COUNCIL, THAT THIS PROCESS SORT OF STARTED I EARNES OFCTOB OF 22 WHEN SOME CHANGES WERE INITIATED BY THE CITY COUNCIL. INCLUDING PREPARING A REGISTRATION PROGRAM, AND UTILIZING THAT ARLINGTON PROCESS, THAT'S WHEN WE HIRED THE CONSULTING TEAM, STARTED THAT PROCESS AS WELL. THEN IN FEBRUARY WE HAD A COUNCILMEMBER REQUEST ORDINANCE UPDATES, IN MARCH, COUNCIL DIRECTED STAFF TO PREPARE AN ORDINANCE ON AN INTERIM BAN AND BRING BACK A REGISTRATION AND PARTY HOUSE NUISANCE ORDINANCE. P&Z LLED A PUBLIC HEARING TO AMEND THE ZONING ORDINANCE TO ENACT THE TEMPORARY BAN AT COUNCIL'S DIRECTION. AND THEN WE HAVE APRIL WHERE WE HAVE TO HAVE DIRECTION ON A SHORT-TERM RENTAL TASK FORCE, AND THEN UPDATES SINCE THE LAST TIME I'VE SPOKEN WITH ANY OF YOU, WE HAVE A WEBSITE LIVE, PLANO STR.COM , THAT'S BEEN GOING ON FOR A FEW WEEKS NOW, WE HAVE A SURVEY AVAILABLE, WE'VE HAD OVER 4,000 RESPONSES. WE'VE HAD A REALLY GOOD RESPONSE. VERY HAPPY WITH THAT. REGISTRATION FORMS FOR THE TASK FORCE ARE AVAILABLE THROUGH MAY 17th, SO ENCOURAGING PEOPLE TO SIGN UP AT THE WEBSITE. THERE'S A LINK THERE, AND THEN WE ALSO ARE PROMOTING THE WEBSITE THROUGH VARIOUS MEANS, ANY OF YOU WHO ARE IN PLANO PARKS MAY HAVE SEEN OUR SIGNS AROUND, OUR REC CENTERS LIBRARIES WE'VE GOT CARDS AND SOCIAL MEDIA POSTS AND NEWSLETTERS TRYING TO REALLY REACH EVERYONE WE POSSIBLY CAN. SO WITH THAT, I'LL GET INTO THE REGISTRATION PROGRAM THAT'S PROPOSED IN THE PACKET. SO THIS WILL BE ADMINISTERED BY THE NEIGHBORHOOD SERVICES DEPARTMENT, SO I AM JOINED BY LAURIE SCHWARZ, THE DIRECTOR OF NEIGHBORHOOD SERVICES REGARDING THE IMPLEMENTATION OF THIS ORDINANCE, BUT AS IT'S WRITTEN, WE BELIEVE THIS COVERS THE PARTY NUISANCE ISSUES, SO THERE IS NO SEPARATE ORDINANCE THAT'S DRAFT AND PRESENTED. THIS IS INTENDED TO KIND OF COVER BOTH ISSUES. IT DOES NOT ALLOW A SHORT-TERM RENTAL WITHOUT AN APPROVED VALID REGISTRATION. REGISTRATION DOES IDENTIFY CERTAIN SPECIFIC THINGS WE THINK ARE IMPORTANT FOR THE COMMUNITY, THE EXISTENCE AND LOCATION OF THESE USES, OWNERSHIP MANAGEMENT COTACTS, IT PROVIDES INFORMATION ABOUT THE SITE ITSELF FLOORPLANS PHOTOGRAPHS, THINGS THAT ARE IDENTIFYING SO WE CAN KEEP TRACK OF THE PROPERTY ITSELF, AND IDENTIFY IT ON PLATFORMS AS WELL AS PROOF OF INSURANCE, AND IT REQUIRES THAT THEY PROVIDE US THE RULES FOR THE PREMISES AS WELL AS THE MAXIMUM NUMBER OF GUESTS. SO IT ALSO ESTABLISHES A TIME LINE, AND SETS A DATE THAT IT'S A NONCONFORMING USE AS OF THE EFFECTIVE DATE OF THE ORDINANCE. IF PASSED TONIGHT. OR IF SOMEONE HAS AN INVESTMENT-BACKED EXPECTATION DURING THAT SAME TIME PERIOD, SO ALLOWING PEOPLE TO CONTINUE TO EXIST, BUT REALLY STOPPING NEW USES FROM COMING ONLINE. PROVIDES PROOF OF INSURANCE, SELF-INSPECTION, AND THAT'S REALLY A FUNCTIO OF I THINK TIME. LAURIE COULD PROBABLY ADDRESS THAT BETTER, BUT TO TRY TO GET THIS OFF THE GROUND VERY QUICKLY, WE'RE REQUIRING SELF-INSPECTIONS, BUT WE WILL COMPARE THAT INFORMATION TO THE PHOTOGRAPHS AND SO FORTH E HAVE. DISPLAY OF REGISTRATION ON THE PROPERTY, SO PEOPLE WILL KNOW IT'S A SHORT-TERM RENTAL. THEY NEED TO PAY THEIR TAXES CONSISTENT WITH THE LAW AND RENEW THEIR REGISTRATION EVERY YEAR AND PAY THE FEE. SO THE REGISTRATION PERIOD WOULD OPEN ON MAY 15th, WITH THE EFFECTIVE DATE OF THE ORDINANCE, AND CLOSE JULY 17th, SO GIVING EFFECTIVELY A TWO-MONTH WINDOW FOR PEOPLE TO REGISTER; HOWEVER, ANYONE WE WANTED TO MAKE SURE THAT ANYONE THAT DIDN'T HEAR ABOUT IT, FOR WHATEVER REASON, STILL HAS AN OPPORTUNITY TO APPEAL AND THAT APPEAL PROCESS WOULD BE AVAILABLE UNTIL NOVEMBER 30th. IT HAS WRITTEN AS NONTRANSFERABLE, REGISTRATION COULD BE DENIED UNDER CONDITIONS SUCH AS A NUISANCE, OR ANY OTHER PROBLEM WITH THE REGISTRATION PAPERWORK, SO SITES NEED TO BE CONFORMING WITH THE REGISTRATION PROCESS TO MAINTAIN THAT REGISTRATION. AND THEN THE ABOVE STANDARDS ARE PARTICULARLY IMPACTED BY THE SENATE BILL THAT MR. FORTUNE JUST SPOKE ABOUT, SO WE -- WITH REGARD TO NONCONFORMING USES AND HOW THOSE ARE IMPACTED BY THE REGISTRATION PROGRAM, WE THINK THAT SENATE BILL WILL HAVE AN IMPACT ON THIS REGISTRATION PROGRAM AS IT'S PRESENTED TO YOU. SO NOW I'LL SWITCH TO THE ZONING CASE. ZONING CASE 2023004 IS ONE OF THE INTERIM MEASURES THAT I DISCUSSED IN THE PROCESS EARLIER. IT'S A FAIRLY STRAIGHTFORWARD ZONING AMENDMENT FOR THOSE OF YOU WHO ARE FAMILIAR WITH ZONING TEXT AMENDMENTS. IT HAS A SECTION THAT ESTABLISHES PURPOSE, SO IT SHOWS UP FRONT WE'RE DOING -- MAKING THIS CHANGE TO THE ORDINANCE SO THAT WE CAN COLLECT DATA, AND SO THAT WE CAN DETERMINE A PERMANENT RECOMMENDATION DUE TO THE COMMUNI CONCES ABOUT HEALTH AND SAFETY. IT IS AN INTERIM PROVISION. THEN IT IS DEFINES A SHORT-TERM RENTAL AS ANY PORTION OR ALL A DWELLING UNIT OFFERED FOR USE AS TRANSIENT LODGING IN EXCHANGE FOR COMPENSATION FOR LESS THAN 30 DAYS. WE ALSO HAVE EXCLUDED A COUPLE OF VERY SPECIFIC DEFINITIONS IN THE ZONING ORDINANCE THAT REFERENCE TIME FRAME, AS THOSE COULD BE IMPACTED BY THIS DEFINITION. AND THEN THE ACTION IS TO PROHIBIT SHORT-TERM NTAL AS NOW DEFINED IN DWELLING UNITS THROUGHOUT THE CITY, AND THAT WOULD BE SUBJECT TO THE PROVISION ON NONCONFORMITY IN THE ZONING ORDINANCE, IT ALSO ESTABLISHES THAT INDIVIDUALS WITH INVESTMENT BACKED EXPECTATIONS AS OF THE EFFECTIVE DATE OF THE ORDINANCE COULD BE CONSIDERED NONCONFORMING. AND THEN THE LIMITATION IS THAT IT DOES HAVE A EFFECTIVE DATE CERTAIN, ON MAY 15th, 2024, IT WILL EXPIRE, AND THAT'S TO ENSURE THAT WE CONTINUE WITH THE OCES THA WE'VE COMMITTED TO -- GATHER THE DATA AND DEVELOP A MORE PERMANENT SOLUTION. SO WITH THAT, THE RECOMMENDATION DOES COMPLY WITH THE NUMBER OF ELEMENTS OF THE COMPREHENSIVE PLAN. WE ALWAYS ENCOURAGE YOU TO LOK AT THE GUIDING PRINCIPLES HOLISTICALLY AND HOW THAT IS IMPACTED, AS WELL AS THE CITY'S LAND USE POLICY. THERE'S POINTS THERE ABOUT QUALITY OF LIFE, FOR EXISTING NEIGHBORHOODS, IN A ARE A LITHATARE ALIGNED WITH THS CHANGE, WHICH TALKS ABOUT CONTRIBUTING TO THE OVERALL CHARACTER AND LIVABILITY OF NEIGHBORHOODS AND SAFE COMMUNITIES. SO AS OF THE DEADLINE FOR ZONING CASES, AND THIS WAS -- I JUST WANT TO ADMIT THAT THIS -- WE WERE LOOKING FOR PEOPLE THAT SPECIFICALLY REFER TO THE ZONING CASE, BECAUSE WE WEREN'T SURE PEOPLE WERE ALWAYS REFERRING TO REGISTRATION OR ZONING OR THE ISSUE GENERALLY, SO WITH REGARD TO ZONING CASES, WE GOT TWO RESPONSES, AND THOSE INDIVIDUAL, AS OF OUR CUTOFF OF FRIDAY, MAY 5th, THE ZONING CASE IS RECOMMENDED FOR APPROVAL IN THE PRELIMINARY REPORT CONSISTENT WITH THE COMPREHENSIVE PLAN, AND ADDITIONAL ACTIONS MAY BE CONSIDERED, AGAIN BASED ON THE RECENT ACTIONS IN THE LEGISLATURE, AND OTHER PENDING LEGISLATION THAT WAS DISCUSSED EARLIER, WE'RE LOOKING AT TWO OTHER OPTIONS EITHER TABLING ITEMS TO THE END OF THE LEGISLATIVE SESSION, SO WE HAVE MORE CERTAINTY AS TO WHAT THE IMPACTS MAY BE FROM THE LEGISLATURE ON THIS ISSUE, OR TAKING MULTIPLE ACTIONS BECAUSE THERE'S MULTIPLE ITEMS HERE, APPROVING THE ZONING AS PROPOSED, BUT THE REGISTRATION ORDINANCE COULD BE TABLES AGAIN TO THE LEGISLATIVE SESSION, OR TO WAIT THROUGH THE RECOMMENDATIONS OF THE FULL PROCESS WITH GAP STRATEGIES. SO THAT CONCLUDES MY PRESENTATION ON THIS ISSUE, UNLESS THERE ARE QUESTIONS FOR STAFF. >> Mayor Muns: THANK YOU, ANY QUESTIONS FOR STAFF? ALL RIGHT. COUNCILMAN HOLMER? >> Holmer: I WAS JUST CURIOUS, YOU SAID YOU'VE RECEIVED 4,000 RESPONSES SO FAR TO THE SURVEY. DO YOU HAVE A WAY OF BEING ABLE TO TELL IF THEY'RE UNIQUE INDIVIDUAL -- THE 4,000, SOME YOU REFERENCED HAVING TWO PEOPLE THE SAME RESPONSES ON A ZONING CASE, BUT ON THE SURVEY ITSELF, I'VE TAKEN IT MYSELF, AND I DIDN'T FIND A PLACE WHERE -- IS IT TRACKING IP ADDRESSES INJURY IS THERE - >> RHT, WE HAVE LOOKED AT IP ADDRESSES, SO WE'RE TRACKING THAT. THAT WILL BE PART OF OUR REPORT BACK TO THE BODIES ABOUT THE SURVEY, WE'VE DISCUSSED THAT AT LENGTH. WE DON'T WANT TO NECESSARILY EXCLUDE, IF THERE'S TWO MEMBERS OF A HOUSEHOLD THAT HAVE OPINIONS AND WANT TO REGISTER THEM, WE DON'T WANT TO NECESSARILY ASSUME THAT THAT DUPLICATE IS REGISTRATION IS NECESSARILY A PROBLEM, BUT WE ARE PAYING ATTENTION TO THE NUMBER OF RESPONSES FROM A SINGLE IP ADDRESS. >> Holmer: THANK YOU. >> Mayor Muns: THANK YOU. >> ALL RIGHT, THANK YOU. >> Mayor Muns: APOLOGIZE, FOR CHRISTINA? >> Grady: YES. >> Mayor Muns: GO AHEAD. >> A COUPLE OF REAL QUICK QUESTIONS, HOW DO YOU CALCULATE THE MAXIMUM NUMBER OF GUESTS. >> THE MAXIMUM NUMBER OF GUESTS I BELIEVE IS DETERMINED BY THE REGISTRANT THEMSELF, BUT IT WOULD FOLLOW THE PROPERTY CODE, SO I WANTED TO CONFIRM THE -- IS THAT CORRECT? IT'S BY THE PROPERTY CODE. >> Grady: OKAY. IS THERE ANYTHING IN PROPERTY CODES THAT SAYS THIS IS THE NUMBER OF PEOPLE PER SOFTWARE FOOTAGE OF THE HOUSE, OR IS THIS THE NUMBER OF PEOPLE THAT ARE NORMALLY IN A BEDROOM? >> I'M GOING TO DEFER THAT TO THE PROPERTY CODE EXPERTS. THE PROPERTY STANDARDS MANAGER. >> GOOD AFTERNOON. THE CURRENT PROPERTY MAINTENANCE CODE LISTED PER BEDROOM AREAS, ONE INDIVIDUAL IN A BEDROOM, 70 SQUARE FEET. MORE THAN ONE INDIVIDUAL IN A BEDROOM, 50 SQUARE FEET PER PERSON, OCCUPYING THAT ROOM. THERE'S ALSO AN ADDITIONAL REQUIREMENT FOR LIVING AND DINING BASED ON THE SQUARE FOOTAGE OF THE ENTIRE HOUSE. >> Grady: 0 OKAY. OKAY. SO IF I HAVE A BEDROOM, DON'T KNOW THE SQUARE FOOTAGE, IF I HAVE A BEDROOM, I DECIDE THERE'S TWO BEDS IN THERE, NOW I PUT BUNK BEDS IN THERE, NOW I HAVE FOUR, I DO THAT IN EVERY SINGLE BEDROOM THAT I GAME ROOM AND ADD IN TWOE MORE SETS OF BUNK BEDS IN THERE, AND ALL OF A SUDDEN HAVE SLEEPING ACCOMMODATIONS FOR 40, IS THE -- IS THAT OVER OR UNDER A MAXIMUM. >> IT DEPENDS ON EACH SPECIFIC SITUATION. WE'VE GOT TO LOOK AT THE PROPERTY. WE'VE GOT TO LOOK AT THE NUMBER OF PEOPLE THAT ARE ALLOWED TO BE IN THERE, AND THEN WE'VE GOT TO LOOK AT WITH -- WHETHER THE ROOM IS ALLOWED TO BE A SLEEPING ROOM OR NOT A SLEEPING ROOM. THERE ARE SITUATIONS WHERE ADDITIONAL ROOMS CAN BE USED AS SLEEPING ROOMS, AND THERE'S SITUATIONS -- OTHER SITUATIONS WHERE THEY'RE NOT PERMITTED BE BASED ON THE REQUIREMENT FOR LIVING AND DINING AREAS. >> Grady: OKAY. THEN THE OTHER QUESTION THAT I HAD WAS REALLY, IT APPEARS TO ME THAT IF I SEE A LONGER TERM RENTAL OF A PROPERTY, A LEASED PROPERTY OF SOME SORT, THERE MIGHT BE TWO, MAYBE THREE CARS THERE, SEEMS TO ME THAT ONE OF THE ONLY ISSUES THAT I'VE SEEN IS PARKING, THAT SEEMS TO BE A SIGNIFICANT NUISANCE. AND SO IF I HAVE A HOUSE THAT I'M GOING TO THROW A FUNCTION AT AND INVITE 200 OF MY FAVORITE FRIENDS AND THEY DECIDE TO BUY -- THEY DECIDE TO INVITE ANOTHER 100 OF THEIR FAVORITE FRIENDS, ALL OF A SUDDEN I HAVE CARS LINED DOWN EVERY BLOCK AROUND THE HOUSE. I'M WONDERING IS THERE A MAXIMUM NUMBER OF PEOPLE THAT CAN BE IN A HOUSE FOR A FUNCTION? > NOT CURRENTLY FROM THE ZONES AS I KNOW IT. >> Grady: OKAY. THANK YOU. >> Mayor Muns: ALL RIGHT. THANK YOU. I'LL OPEN THE PUBLIC HEARING. WE HAVE QUITE A FEW SPEAKERS, AND SO I WILL LIMIT IT TO TWO MINUTES PER SPEAKER. IF YOU WILL. SO IF YOU DON'T MIND, LET'S HEAR FROM OUR SPEAKERS. >> City Clerk: THE FIRST SPEAKER IS BILL FRANCE AND HE WILL BE FOLLOWED BY LYNN McLEMON. >> MAYOR MUNS, MEMBERS OF THE CITY COUNCIL, AND MEMBERS OF THE PLANNING AND ZONING COMMISSION, GOOD AFTERNOON. MY NAME IS BILL FRANCE, AND AS A 26 YEAR RESIDENT OF PLANO, I'M HERE ONCE AGAIN TO SPEAK ON BEHALF OF MY NEIGHBORS IN THE PLANO TEXACOTEXASCOALITION. AT THIS TIME, I ASK ALL OF OUR SUPPORTERS TO PLEASE STAND. TODAY IS A HISTORIC MOMENT. WE ARE UNITED IN OUR RESOLVE TO ADDRESS THIS ISSUE. THROUGH YOUR ACTIONS TODAY, YOU WILL DEMONSTRATE HOW EFFECTIVE GOVERNMENT WORKS. FOR 150 YEARS, WE HAVE BUILT A LEGACY AS A CITY OF EXCELLENCE, BUT FOR THE PAST YEAR, WE HAVE SEEN NOT ONLY THE CONTINUAL DISRUPTION AND HARASSMENT OF OUR RESIDENTS AND NEIGHBORS, BUT THE OPERATION OF A SEX TRAFFICKING HOUSE, 30 BULLETS SHATTERING A NEIGHBORHOOD, AND PIERCING A CHILD'S WINDOW, AND ON MARCH 2, THE INDICTMENT OF A CHILD PORNOGRAPHY RING IN A SHORT-TERM RENTAL RIGHT HERE IN PLANO. TODAY WE SAY TOGETHER, ENOUGH IS ENOUGH. THROUGH THESE TWO ORDINANCES, YOU HAVE PROVIDED US WITH WHAT WE BELIEVE CAN BE THE BEGINNING OF AN EFFECTIVE MECHANISM TO ADDRESS OUR CONCERNS. IT IS NOW YOUR SOLEMN DUTY TO VOTE YES AND PASS THESE IMPORTANT MEASURES WITHOUT DELAY. 150 YEARS FROM NOW LET THIS BE KNOWN AS THE DAY WHERE YOU TOOK A STAND AND DID THE RIGHT THING, BECAUSE YOUR ACTIONS BY VOTING YES ARE A WIN FOR OUR CITY, A WIN FOR OUR RESIDENTS AND A WIN FOR OUR FUTURE. THANK YOU FOR YOUR TIME AND DEDICATED COMMITMENT TO OUR CITIZENS. [ APPLAUSE ] >> THAT'S A HARD ACT TO FOLLOW. SO GOOD AFTERNOON. I'M LYNN McLON, I LIVE AT 4021 ELM HILL DRIVE IN PLANO. FIRST I'D LIKE TO THANK SHELBY, WHO I TALKED TO FOR AN EXCRUCIATING AMOUNT OF TIME TWO WEEKS AGO AT THE CARPENTER REC CENTER, SO I APPRECIATE YOU TAKING THE TIME TO TALK TO ME. I'M HERE THIS AFTERNOON TO ASK THE CITY COUNCIL TO PLEASE VOTE IN SUPPORT OF THE TWO AMENDMENTS TO THE CITY OF PLANO ORDINANCES CONCERNING SHORT-TERM RENTALS. I HAVE BEEN A SINGLE FAMILY HOMEOWNER FOR 27 YEARS IN PLANO. I LIVE NORTH OF CARPENTER PARK AT COIT AND DEN NAM WAY IN THE DISTINCT NEIGHBORHOOD OF SMALL HOUSES WITH WHITE PICKET FENCES, A LOT OF BIG TREES, AND OUR OWN PRIVATE NEIGHBORHOOD PARK WITH A GAZEBO. IT IS DEFINITELY A DISTINCT NEIGHBORHOOD. NOT JUST A BUNCH OF HOUSES. I MOVED TO PLANO BECAUSE I WANTED A SENSE OF NEIGHBORHOOD. AND TO FEEL SAFE. I LOV LIVING IN PLANO. I LOVE MY NEIGHBORHOOD. SO AFTER LIVING IN THE SAME HOUSE, IN THE SAME NEIGHBORHOOD FOR 27 YEARS, AND KNOWING ALMOST ALL OF MY NEIGHBORS, I WAS SHOCKED TO FIND OUT THAT WE HAVE A NEW SHORT-TERM RENTAL JUST THREE HOUSES FROM ME. SOMEONE STAYING IN SHORT-TERM RENTAL DOES NOT BECOME PART OF THE NEIGHBORHOOD, OR ARE THEY INTERESTED IN THE UPKEEP OF THE COMMUNITY. THEY ARE TRANSIENTS, JUST LIKE SOMEONE STAYING IN A HOTEL. PLEASE DO NOT TURN MY NEIGHBORHOOD INTO JUST A BUNCH OF STRANGERS WHO COME AND GO LIKE A HOTEL. THAT IS NOT WHY I MOVED TO PLANO. A SHORT-TERM RENTAL IS JUST A HOUSE. IT'S NOT A HOME. IT'S A BUSINESS, AND THEY HAVE NO BUSINESS BEING IN A SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD. SO IN CONCLUSION, I RESPECTFULLY ASK EACH OF YOU PLEASE DO NOT PUT THE INTEREST OF SHORT-TERM RENTAL OWNERS WHO SEE A HOUSE AS JUST AN INCOME STREAM AND MAY NOT EVEN LIVE IN PLANO OR THE STATE OF TEXAS OVER THE INTEREST OF YOUR PLANO CONSTITUENTS WHO VOTED FOR YOU TO REPRESENT US. PLEASE VOTE TODAY IN SUPPORT OF THE REGISTRATION OF SHORT-TERM RENTALS WITH ENFORCEMENT PENALTIES AND FOR THE INTERIM BAN ON NEW SHORT-TERM RENTALS. THANK YOU. [ APPLAUSE ] >> Mayor Muns: THANK YOU. >> City Clerk: THE NEXT SPEAKER IS SUZANNE PAPAS FOLLOWED BY KATHRYN PARKER. >> MAYOR MUNS, CITY COUNCIL MEMBER, I'M SUZANNE PAPAS, A PROPERTY OWNER AND A SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD. OUR NEIGHBORHOOD IS A PLATINUM LT NEIGHBORHOOD. I'M HERE ONCE AGAIN TO ASK FOR YOUR HELP, AS YOU KNOW WE, THE TEXAS NEIGHBORHOOD COALITION, WE'VE BEEN COMING HERE WEEK AFTER WEEK, MONTH AFTER MONTH, PLEADING FOR HELP IN PRESERVING THE CHARACTER OF OUR NEIGHBORHOODS AND OUR CITY. WE KNOW THE STR SITUATION THAT IS GROWING BY THE DAY. EVERY MOMENT WE HESITATE IS ANOTHER OPPORTUNITY FOR A POP-UP BROTHEL, A SHOOTING THROUGH A THREE-YEAR-OLD'S PLAYROOM, ANOTHER WEEKEND OF NEIGHBORS DREADING WHAT THEY MIGHT BE DEALING WITH DEPENDING WHO SHOWS UP TO THE STR THAT WEEKEND. IF YOU DON'T HAVE ONE NEXT DOOR, JUST WAIT, BECAUSE YOU WILL, UNLESS SOMETHING CHANGES. WE HAVE ONE IN OUR PLATINUM LEVEL BEST NEIGHBORHOOD. THIS IS NOT WHAT WE ENVISIONED WHEN WE CHOSE TO MAKE PLANO OUR HOME. IT CERTAIN DIDLY DOESN'T ALIGN WITH THE SAFE QUIET NEIGHBORHOODS WE PAY TAXES FOR, WE HAVE INVESTED HEAVILY IN OUR HOMES AND COMMUNITIES, WE SHOULD NOT HAVE TO RISK THE DEMISE OF OUR NEIGHBORHOODS, THE LOSS OF OUR COMMUNITY AND THE POTENTIAL IMPACT TO PROPERTY VALUES. WE ARE GRATEFUL THAT YOU HAVE DONE YOUR DUE DILIGENCE, THAT YOU HAVE LISTENED TO OUR CONCERNS AND OUR SUGGESTIONS THIS PAST YEAR. TONIGHT, YOU ARE CONSIRING THE IMPLEMENTATION OF INTERIM BAN AND AN APPLICATION PROCESS FOR REGISTRATION OF EXISTING STRs. THE URGENCY OF THIS ISSUE CANNOT BE OVERSTATED. I URGE YOU TO VOTE IN FAVOR OF THIS INTERIM BAN, TO PRESERVE THE SAFETY AND CHARACTER OF OUR NEIGHBORHOODS AND OUR CITY OF EXCELLENCE. THANK YOU. [ APPLAUSE ] >> MAYOR MUNS, CITY COUNCIL, PLANNING AND ZONING, I'M KATHRYN PARKER, MY HUSBAND AND I HAVE LIVED IN PLANO FOR NINE YEARS. I CAME TO CITY COUNCIL A YEAR AGO AND ASKED THE CITY TO SAVE MY NEIGHBORHOOD, FROM SHORT-TERM RENTALS. SINCE THEN, THERE'S BEEN A HAS AND CONTINUES TO BE A GROUND SWELL OF PLANO RESIDENTS WHO DO NOT WANT SHORT-TERM RENTALS IN OUR NEIGHBORHOODS. WE'VE BECOME THE PLANO CHAPTER OF THE TEX NEIGHBORHOOD COALITION AND OUR ONE GOAL FOR THIS YEAR HAS BEEN TO SAVE OUR RESIDENTIAL NEIGHBORHOODS. THANK YOU FOR LISTENING TO US. THANK YOU FOR DOING THE HARD WORK TO DRAFT THIS ORDINANCE. IT IS A HUGE STEP IN THE RIGHT DIRECTION. THE TIME IS NOW TO PASS THIS BAN. AND SO I WILL ASK YOU ONCE AGAIN, PLEASE, SAVE MY SAVE ALL PLANO NEIGHBORHOODS. VOTE YES ON THIS ORDINANCE TO BAN SHORT-TERM RENTALS. THANK YOU. [ APPLAUSE ] >> City Clerk: THE NEXT SPEAKER IS STEVEN CUIACOS FOLLOWED BY BILL BAKER. >> GOOD EVENING, MAYOR MUNS, CITY COUNCIL, AND P&Z MEMBERS AND STAFF. MY NAME IS STEVEN CUIACOS, I'M A 20 YEAR RESIDENT OF PLANO. I WOULD LIKE TO COMMEND YOU ON THIS DECISION TO HOLD THIS MEETING TO EXPEDITE SHORT-TERM RENTALS. YOUR DILIGENCE IN SPENDING OUR TAX DOLLARS WISELY, AND HIRING A FIRM TO ORGANIZE ACTIVITIES HAVE CULMINATED IN A DEVELOPMENT OF MODELS THAT -- THANK YOU FOR LISTENING TO THE TEXAS NEIGHBORHOOD COALITION PLANO CHAPTER AND TAKING A STAND AGAINST PROSTITUTION RING, PARTY HOUSES, SHOOTINGS AND ALL THE OTHER BAD ACTORS WHO HAVE INFILTRATED OUR CITY THROUGH THE BAD OPERATION OF STR, THE STATE HAS BEEN STRICTLY ANTINEIGHBORHOOD AND QUITE INVASIVE OF LOCAL RULE IN THIS YEAR'S SESSION, THANK YOU FOR MOVING FORWARD, DOING THE WORK YOU WERE SELECTED TO DO, FOCUSING ON LOCAL POLITICS AND RESOLVING LOCAL ISSUES. FINALLY, THANK YOU FOR LETTING FACTS AND NOT FEAR DRIVE YOUR DECISION-MAKING IN CREING AND PASSING THESE ORDINANCES AND POSING AN INTERIM BAND AND AN APPLICATION PROCESS ON SHORT-TERM RENTALS. THANK YOU FOR PUTTING YOUR CITIZENS BEFORE PROFITS AND POLITICS. [ APPLAUSE ] MAYOR MUNS. CITY COUNCIL, MEMBERS OF P&Z, MY NAME IS BILL BAKER, AND MY WIFE AND I MOVED HERE FOR THE FIRST TE IN 1981. WE'VE COME HERE TO ASK TO BAN SHORT-TERM RENTALS FOR OVER A YEAR. WE WANT OUR NEIGHBORS BACK. OUR NEIGHBORHOODS BACK. WE WANT THEM TO BE WHAT THEY WERE MEANT TO BE. JUST NEIGHBORHOODS. YOU HAVE COME A LONG WAY. YOU HAVE LISTENED TO THE COALITION MEMBERS. AND I WISH TO THANK YOU FOR ALL OF YOUR HARD WORK. I REALIZE SHORT-TERM RENTALS HAS NOT BEEN THE ONLY ITEM ON YOUR AGEAS I SUPPORT THE TEMPORARY BAN OF SHORT-TERM RENTALS AND HOPE YOU APPROVE IT TODAY. TODAY COULD BE HISTORIC. DO THE RIGHT THING. THANK YOU. [ APPLAUSE ] >> City Clerk: THE NEXT SPEAKER IS MARLA CUIACOS FOLLOWED BY MARK PULL A&M. PULLIAM. >> GOOD EVENING MAYOR MUNS, CITY COUNCIL MEMBERS, MEMBERS OF P&Z, AND THE THE CITY STAFF. I'VE LIVED IN PLANO 30 40 YEARS, 30 YEARS IN THE SAME HOUSE. I WANTED TO RAISE MY FAMILY HERE, LIVE HERE, AND RETIRE HERE, BUT I'VE NEVER HAD AN ISSUE THREATEN MY SAFETY OR ISSUE OR QUALITY OF LIFE UNTIL SHORT-TERM RENTALS APPEARED. WE'VE COME TO CITY COUNCIL FOR OVER A YEAR NOW ASKING FOR YOUR PROTECTION AND W THANYOE AND YOUR CONSIDERATION. YOUR ORDINANCES CREATED BY YOU WILL GO A LONG WAY TO RESTORING THE QUALITY OF LIFE TO PLANO RESIDENTS. WE THANK YOU FOR THE MANY HOURS THAT WENT INTO THIS PROJECT AND FEEL THAT TONIGHT IS THE TIME TO IMPLEMENT WHAT IS BEST FOR YOUR CITIZENS. THANKS AGAIN FOR LISTENING. AND UNDERSTANDING, AND WORKING WITH US TO CREATE A MEANINGFUL SOLUTION. AS YOU PASS YOUR ORDINANCES TONIGHT, KNOW THAT YOU HAVE RESTORED MY FAITH IN THE PUBLIC PROCESS. THANK YOU. [ APPLAUSE ] >> GOOD EVENING, MY NAME IS PARLIAMENTARY PULLIAM, I LIVED A 2408 LONDON DRIVE, BEEN A RESIDENT 34 YEAR, 27 YEARS AT THE SAME HOUSE, THE PROPOSED ORDINANCE REGARDING THE REGISTRATION, I THINK THE LANGUAGE OF THE PROPOSED ORDINANCE COVERS MOST OF WHAT HAS BEEN RAISED BY THE CITIZENS OVER THE LAST TWO YEARS. AND REALLY THIS HAS BEEN A TOPIC THAT'S BEEN GOING ON FOR, WHAT, FIVE YEARS NOW, SIX YEARS? SOMETHING LIKE THAT? I THINK THERE'S SOME ISSS. IT'S NOT PERFECT. THERE'S SOME ISSUES THAT CLEARLY HAVE TO BE ADDRESSED, THE ORDINANCE GENTLEMAN OVER HERE POINTED OUT THERE'S NO RULES, BASICALLY NO RULES ON HOW MANY PEOPLE COULD BE IN A HOUSE. SO THE FOUR -- THE FOUR BEDROOM STR THAT'S DOWN THE STREET FROM US IS BEING ADVERTISED FOR 16 PLUS PEOPLE. I MEAN, THAT JUST DOESN'T WORK. HOW DOES THAT WORK FOR PARKING? HOW DOES THAT WORK WITH NOISE? HOW DOES THAT WORK WITH FIRE SAFETY? HAS THE FIRE MARSHAL BEEN CONSULTED? I THINK THERE'S CLEARLY SOME ROOM FOR SOME IMPROVEMENTS IN THE ORDINANCES. THE CITY ORDINANCES IN MY EXPERIENCE LACK TEETH. AND THEY NEED TO BE ADDRESSED. SO ANYWAY, I'M -- ANYWAY, I THINK THIS ORDINANCE IS A GREAT FIRST STEP, IT'S A BABY STEP, BUT IT'S A FIRST STEM. I'M URGING THE COUNCIL TO APPROVE IT TONIGHT. I DON'T LIKE WHAT'S UP THERE ON THE SCREEN ABOUT RECOMMENDATIONS TO DEFER ON 929. I BELIEVE THAT THAT COULD BE WORKED WITH. THIS IS SPECIFICALLY ADDRESSING NONCONFORMING USES. YOU KNOW, IF THEY DIE OUT, THEY DIE OUT, THAT'S FINE, BUT, YOU KNOW, YOU DON'T HAVE TO BASICALLY ZONE THEM OUT OF EXISTENCE TOMORROW AND WRITE THEM A CHECK. YOU CAN LET THEM DIE ON THE VINE. SO I THINK THAT'S A GOOD WAY TO GO WITH IT. I'M URGING COUNCIL TO MOVE AND IMPROVE IT TONIGHT, CANNOT WAIT UNTIL JUNE 26th. THIS ORDINANCE IS ONLY IN EFFECT FOR A YEAR RIGHT NOW, THE PROPOSED ORDINANCE, SHOULD ASSIST THE STAFF IN -- TIE? OKAY. I'M SORRY. THANK YOU VERY MUCH FOR YOUR TIME. I APPRECIATE IT. [ APPLAUSE ] >> THE NEXT SPEAKER IS BARBARA FRANCE, FOLLOWED BY MICHAEL SCHMIDT. >> GOOGLE CLOUD, MY NAME IS BARBARA FRANCE AND I'VE LIVED IN PLANO FOR 25 YEARS, TONIGHT YOU'RE CONSIDERING THE IMPLEMENTATION OF AN INTERIM BAN ON NEW SHORT-TERM RENTALS AND AN APPLICATION PROCESS FOR EXISTING STRs. THE EATION OF THESE ORDINANCES IS A MAJOR STEP FORWARD THAT WILL HAVE A POSITIVE IMPACT ON OUR CITY. THIS IS THE RESULT OF MONTHS AND MONTHS OF DILIGENT RESEARCH COLLABORATION AMONG COMMUNITY MEMBERS, LOCAL OFFICIALS, AND EXPERTS. AND I ESPECIALLY WANT TO THANK LAURIE SCHWARZ, CHRISTINA DAY, AND THE REST OF THE CITY STAFF FOR PUTTING TOGETHER THIS REALLY THOROUGH AND COMPLETE DOCUMENT. BUT I DO WANT TO POINT OUT AS YOU ARE AWARE, THIS IS THE CURRENT LANDSCAPE OF ORT-RM RENTA IN PLA. I WANT TO EMPHASIZE THE URGENCY OF THIS ISSUE, EXISTING STRs HAVE ALREADY CAUSED AND WILL CONTINUE TO CAUSE SIGNIFICANT PROBLEMS IN OUR COMMUNITIES. IF WE DON'T TAKE ACTION NOW, IT WILL ONLY GROW. AN INTERIM BAN WILL GIVE US TIME TO WORK TOWARD A BETTER AND MORE SUSTAINABLE SOLUTION. I URGE ALL OF YOU TO SUPPORT THESE ORDINANCES TO PRESERVE THE CHARACTER OF OUR NEIGHBORHOODS AND PROTECT THE WELL-BEING OF OUR COMMUNITIES AND TO ENSURE THAT OUR NEIGHBORHOODS ARE SAFE, QUIET AND ENJOYABLE PLACE TO LIVE. THANK YOU. [ APPLAUSE ] >> MICHAEL SCHMIDT? WE WILL MOVE ON TO CINDY PA PATILLO FOLLOWED BY GREG PATILLO. JO MY NAME IS CINDY PA AT THIS TIME LOW, I'VE LIVED IN THE SAME HOUSE FOR ALMOST 30 YEAR, YOU'VE HEARD ABOUT NUISANCE ISSUES AND SERIOUS CRIMINAL ACTIVITY RESULTING FROM SHORT-TERM RENTALS IN OUR NEIGHBORHOODS. THEY ALSO REDUCE SCHOOL FUNDING, REDUCE REVENUE FOR MANY OF OUR LOCAL BUSINESSES AND REDUCE THE SUPPLY OF AVAILABLE HOMES THAT SHOULD HOUSE NEIGHBORS. WE ASK THEREFORE THAT YOU IMPLEMENT WHAT IS -- WE WOULD LIKE A BAN ON CURRENT SHORT-TERM RENTALS AND REGULATIONS FOR EXISTING ONES. AND ABOUT TIMING, INTERESTING THAT SLIDE IS STILL UP, YOU'VE HEARD ABOUT PENDING STATE LEGISLATION, WHATEVER THE LEGISLATURE DECIDES, WE NEED FOR YOU TO GET AHEAD OF THAT, BEFORE THE GOVERNOR SIGN AS BILL INTO LAW THAT WOULD PREEMPT LOCAL ACTION. IF YOU TABLE THIS VOTE, YOU ARE LETTING THE STATE DECIDE WHAT'S BEST FOR PLANO. YOU CAN MAKE THAT DECISION AN THEN DEAL WITH WHATEVER THE STATE REQUIRES IF THAT BILL IS ACTUALLY SIGNED INTO LAW. THE IMPACT OF THAT DECISION AND THE TIMING OF THAT VOTE WILL BE FELT THROUGHOUT PLANO LITERALLY FOR GENERATIONS TO COME. AND MAY VERY WELL BE THE LEGACY OF THIS GROUP OF CITY LEADERS. PLEASE VOTE YES ON THE NEW STR BAN AND EXISTING STR COMPLIANCE REQUIREMENTS. THANK YOU. [ APPLAUSE ] >> GOOD AFTERNOON, MAYOR MUNS, CITY COUNCIL, AND PLANNING AND ZONING MEMBERS, I'M GREG PATILO. IN THE MOST BASIC FORM PRIORS PROPERTY OWNERS TO ACKNOWLEDGE THEY'RE OPERATING A PROPERTY AS A SHORT-TERM RENTAL AND PAY A REGISTRATION FEE THAT WILL OFFSET THE COSTS OF THE CITY TO ENFORCE THE CODES AND ORDINANCES AS WELL AS PAY FOR THE CALLS FOR SERVICES, NUISANCES AND PROBLEMS THAT SHORT-TERM RENTALS CAUSE. HAS NEEDED. HOMEOWNERSELIEF BARBY ESTABLISHING A PROCESS FOR REMOVING THE BAD ARCHITECTS, AC, WHICH I THINK EVERYONE AGREES IS A REAL PROBLEM IN THE INDUSTRY. YOU HAVE HEARD FROM REAL ESTATE PROFESSIONALS, AND THE BOOKING PLATFORMS THERE ARE ONLY A SMALL PLATFORM OF BAD ACTORS, AN ORDINANCE THAT PROTECTS THE THOUSANDS OF HOMEOWNERS WHILE LIMITING THE POTENTIAL HARM TO A SMALL HANDFUL OF BAD ACTORS COULD SEEM TO BE AN EASY DECISION, I'M ASKING YOU TO VOTE TO APPROVE THE PROPOSED ZONING CHANGES AND TEMPERATURE SHORT-TERM RENTALS. THANK EVERYONE FOR THE WORK THAT HAS BEEN DONE TO DATE TO GET US TO THIS POINT FOR LISTENING AND CONTINUING TO WORK WITH THE CITIZENS OF PLANO ON A MORE PERMANENT SOLUTION. THANK YOU. [ APPLAUSE ] >> THE LAST TWO SPEAKERS ARE CORY RHINEKER, FOLLOWED BY RICHARD SLIVAKA. >> GOOD EVENING, COUNCIL, P&Z, MAYOR, MY NAME IS CORY RHINEKER, I'VE BEEN A RESIDENT OF PLANO FOR 14 YEARS AND A HOMEOWNER FOR 12. MY WIFE AND I HAVE HOSTED A SHORT-TERM RENTAL AT OUR PRIMARY RESIDENCE SINCE 2017, HOSTING SHORT-TERM RENTAL HAS OPINION A CRITICAL PIECE OF OUR INCOME DURING THAT TIME. IT HAS ENABLED US TO REINVEST IN OUR HOME, WEATHER FINANCIAL HARDSHIPS AND SAVE FOR THE FUTURE. WE'VE MET GUESTS FROM ALL OVER THE US AND THE WORLD, AND WE'VE MADE DEAR FRIENDS, TO PARAPHRASE A COMMENT MADE TO ME BY ONE OF THE RESIDENTS AT THE PREVIOUS MEETINGS, THERE ARE NO BAD GUYS IN THIS DEBATE, WE COULDN'T AGREE MORE. WE WANT STRONG COMMUNITIES AND NEIGHBORHOODS AS MUCH AS ANYONE ELSE, POORLY RUN SHORT-TERM RENTALS ARE A PROBLEM FOR EVERYONE. THAT SAID, THE PROPOSED TEMPORARY BAN AND REGISTRATION DOES NOT APPEAR TO ME TO BE THE RIGHT SOLUTION. THIS PROPOSAL IS BURDENSOME, INVASIVE, AND IT READS AS IT'S INTENDED TO PUN ALL SHORT-TERM RENTAL OWNERS AND WELLHEY RUN THEIR SPACE, IT FAILS TO MAKE ANY DISTINCTION BETWEEN OWNER OCCUPIED AND NONOWNER OCCUPIED RENTAL, SOMETHING THAT CITIES SUCH AS AUSTIN DO, RECOGNIZES THE DIFFERING RISKS BETWEEN RENTAL TYPES, THE REQUIREMENT TO SUBMIT PHOTOGRAPHS OF ALL INTERIOR SPACES SEEMS INTRUSIVE, WHICH IN MY HOUSE WOULD INCLUDE THE BEDROOM AND THE BATHROOM THAT WE USED. THE ENFORCEMENT MECHANISM INVOLVING NUISANCE COMPLAINTS MAY BE SUBJECT TO ABUSE AND THERE ARE NO PENALTIES FOR PARTIES MAKING FALSE ACCUSATIONS ABOUT A SHORT-TERM RENTAL, THE REGISTRATION FEE AND ADDITIONAL INSURANCE MAY BE BURDENSOME TOOM COUNCIL SHOULD CONSIDERFULLY CONSIDER HOW THIS ORDINANCES BALANCES THE INTEREST OF BOTH RESIDENTS AND RESPONSIBLE SHORT-TERM RENTAL. EQUITABLE WOULD PROVIDE MECHANISMS TO SHUT DOWN PROBLEM LISTINGS WHILE LIMITING THE REGULATORY BURDEN ON THE VAST MAJORITY OF RENTALS THAT OPERATE WITHOUT ANY COMPLAINTS. THAT'S GOOD ENOUGH. THANK Y'ALL. [ APPLAUSE ] >> Olley: >> City Clerk: RICHARD SLIVAKA. THAT'S IT. >> Mayor Muns: THE CITY COUNCIL WILL TAKE A BRIEF RECESS, PLANNING AND ZONING COMMISSION WILL TAKE A BRIEF RECESS. I'LL HAVE P&Z SIT RIGHT OVER THERE. SO WE'LL JUST TAKE ABOUT A TWO-MINUTE RECESS. FOR THE P&Z TO BE ABLE TO MOVE OVER THERE. [ ♪ MUSIC PLAYING ♪ ] >> CITY COUNCIL IS RECONVENED INTO OPEN SSSION. >> ITEM C, CITY COUNCIL CONSIDERATION OF AN ORDINANCE OF THE CITY OF PLANO TEXAS AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF PLANO BY ADDING ARTICLE 24 REGISTRATION OF SHORT-TERM RENTAL PROPERTIES, PROVIDING FOR THE PROCEDURES OF THE REGISTRATION AND SELF-INSPECTIONS OF SHORT-TERM RENTALS FOR OPERATION PROVIDING FOR PROCEDURES FOR APPROVAL, DENIAL, AND REVOCATION OF REGISTRATION OF SHORT-TERM RENTALS AND PROVIDING A SEVERABILITY CLAUSE, A REPEALER CLAUSE, A SAVINGS CLAUSE, A PUBLICATION CLAUSE, AND AN EFFECTIVE DATE. >> MAYOR AND CITY COUNCIL, I WANTED TO CLARIFY FOR YOU A COMMENT THAT WAS MADE IN RELATION TO SENATE BILL 929 AND GETTING IN FRONT OF THE -- GETTING IN FRONT OF THE LEGISLATION. AS YOU KNOW, THE SENATE BILL WAS PASSED BY A SUPER MAJORITY LASTEEK, SO IT GOES INTO EFFECT IMMEDIATELY UPON THE GOVERNOR'S SIGNATURE, AND IT IS AT HIS DESK RIGHT NOW ACCORDING TO OUR GOVERNMENT RELATIONS, PEOPLE AND OUR ORDINANCES DON'T DO INTO EFFECT UNTIL THEY'RE PUBLISHED TWICE, WHICH IS GOING TO BE I THINK ON MAY 15th. AND SOME OF THE REQUIREMENTS IN THE NEW SENATE BILL 929 WHICH THE GOVERNOR IS EXPECTED TO SIGN IS THAT WE ARE GOING TO HAVE REQUIREMENTS THAT WENT INTO EFFECT AS OF FEBRUARY 1, 20, TH DEAL WITH THE TERMINATION OF NONCONFORMING USES, AND THAT WILL BE ON THE DATE OF TERMINATION, AND AS IT'S WRITTEN INTO THE REGISTRATION ORDINANCE, ANY TERMINATION WILL OCCUR IN THE FUTURE, SO THAT BILL WILL APPLY TO US. AND WE DO NEED TO ADDRESS BECAUSE IT HAS SPECIAL NOTICE AND COMPENSATION ISSUES THAT WE NEED TO EVALUATE, IT WAS ONLY PASSED ON WEDNESDAY, AND SO WE STILL NEED SOME TIME TO LOOK AT THE DETAIL OF THAT, AND BRING THAT BACK TO YOU TO ADVISE AND MAYBE TWEAK TO CONFORM. >> SO WHAT WE HAVE TONIGHT IS THIS FIRST ITEM WHICHS HENDERSON JUST READ REGARDING THE ORDINANCE OF THE REGISTRATION. IN A MINUTE, HOPEFULLY, THE PLANNING AND ZONING COMMISSION WILL COME UP AND ADDRESS THE ZONING CASE THAT WE ALL HEARD FROM MS. DAY REGARDING THAT CASE, SO ATELY AFTER THAT, WE EELT MAKE THAT DECISION BASED ON THE P&Z'S RECOMMENDATION. SO OUR FIRST ITEM IS THIS ITEM, THE ORDINANCE REGARDS TO THE REGISTRATION. SO WE HAVE A COUPLE OF OPTIONS THAT -- TO LOOK AT AND I'D BE MORE THAN HAPPY TO START WITH YOU, COUNCILMEMBER RICCIARDELLI, AND GO AROUND THE ROOM, IF THAT WORKS FOR EVERYBODY. >> Ricciardelli: SURE, I'M HAPPY TO LEAD OFF. SO I WANT TO FIRST THANK EVERYONE WHO SPOKE, AS I THINK EVERYONE HERE KNOWS, TAKING MEANINGFUL ACTION ON THE SHORT-TERM RENTAL ISSUE IS EXTREMELY IMPORTANT TO ME. AND I'M VERY MUCH IN FAVOR OF DOING THIS ORDINANCE FOR REGISTRATION WITH REVOCATION. THAT BEING SAID, WITHOUT GETTING INTO THE SUBSTANCE OF WHAT WE DISCUSSED, WE'VE OBVIOUSLY JUST HAD A LONG DISCUSSION ABOUT THINGS THAT HAVE JUST CHANGED LEGISLATIVELY, THIS THAT ARE IN FLUX, AND IT SEEMS TO ME THAT THE TEMPORARY BAN IS THE MOST URGENT, THE MOST TIME SENSITIVE TO STOP THE PROLIFERATION OF SHORT-TERM RENTALS IN THE CITY OF PLANO. REGARDING THE REGISTRATION WITH REVOCATION, THIS IS IMPORTANT. I THINK WE NEED TO GET IT RIGHT. AND WE'VE WAITED THIS LONG, SO I THINK IF WAITING UNTIL NEXT MONTH TO MAKE SURE THAT WE GET THE REGISTRATION ORDINANCE WITH REVOCATION RIGHT, YOU KNOW, I THINK THAT MAKE SENSE. I WOULD NOT SUPPORT WAITING LONGER THAN THAT, BUT GIVEN -- GIVENOW THIS ARE CRENTLY IN FLUX, I THINK THAT'S A WISE DECISION ON THAT PIECE OF IT, YOU KNOW, OBVIOUSLY I'LL SPEAK REGARDING THE TEMPORARY BAN LATER. >> Mayor Muns: OKAY. COUNCILMAN GRADY? >> Grady: WELL, I SUPPORT EVERYONE'S FEELINGS HERE, AND CERTAINLY CAN EMPATHIZE WITH THEM. I DO HAVE A QUESTION ON THE BILL, SO PAIGE, I'M GOING TO ADDRESS IT TO YOU, BECAUSE YOU WERE JUST ADDRESSING IT. IN READING THE LEGISLATION, IT APPEARS TO ME THAT THE GISLIONLSO SAYS THAT IF YOU HAVE ORDINANCES ON YOUR -- IN YOUR CODES, AND THEY DON'T CONFORM WITH THE STATE LAW THAT THEY WOULD BE RESCINDED BY THE PASSAGE OF 2127 OR 929. >> I'M NOT -- I DON'T RECALL THAT PART, AND I CAN -- I HAVE SOME ATTORNEYS HERE THAT CAN TAKE A LOOK AT THAT AND COME BACK TO IT. >> Grady: THE FEELING THA IOT FRF THE BILL IS IF YOU HAD SOMETHING THAT THE STATE LAW WOULD NO LONGER SUPPORT BECAUSE IT'S IN CONFLICT WITH THE STATE ORDINANCES, THE ORDINANCES WITHIN THE CITY WOULD BE REMOVED? >> WE'RE GOING TO CHECK ON THAT AND I'M GOING TO COME BACK TO IT. >> Grady: OKAY. GOOD. THANK YOU. SO WITH THAT, I I'M GOING TO PASS. >> I SUPPORT GIVEN THE NEW INFORMATION TABLING THIS TO THE JUNE 22ND -- 26th. I'M SORRY. >> Mayor Muns: OKAY. DEPUTY MAYOR? >> Tu: I'M KIND OF CONFLICTED. ON ONE HAND I REALLY WANT TO HAVE THIS GO FORWARD, BUT ON THE OTHER HAND, I'M REALLY UPSET THAT, YOU KNOW, THE STATE ACTUALLY BEAT US TO THE PUNCH. I BELIEVE THAT WE NEED TO HAVE SOME SORT OF CONTROL OVER OUR CITY'S OWN REGULATIONS IN OUR OWN DEVELOPMENT, SO I WOULD AGREE WITH COUNCILMAN RICCIARDELLI, THAT IF WE ARE GOING TO TABLE THIS, THEN NO MORE THAN ONE MONTH. >> Mayor Muns: COUNCILMAN WILLIAMS? >> Williams: THANK YOU, MAYOR. I AM VERY MUCH AGAINST TABLING THIS FOR SEVERAL REASONS. ONE BIG OVERARCHING REASON. IN SENATE BILL 929, THERE ARE TWO PROVISIONS THAT ARE DATED. IT DOESN'T MATTER WHETHER THE GOVERNOR ALREADY SIGNED THIS BILL OR SIGNS IT IN THE NEXT TWO MINUTES OR NEXT TWO WEEKS. THE FIRST PROVISION REGARDING NOTICE ABOUT CHANGES OF NONCONFORMING USE TO PEOPLE WHO MAY NOT ALREADY BE ENGAGED IN THAT NONCONFORMING USE DOESN'T TAKE EFFECT UNTIL JUNE 1st. OUR ONE AND ONLY OPPORTUNITY TO OVERCOME THE APPLICABILITY OF THAT JUNE 1st DATE IS BY PASSING THIS TONIGHT. BECAUSE IF WE POSTPONE UNTIL AFTER JUNE 1st, WHICH IS WHAT'S BEING DISCUSSED BY TABLING. THEN IF THIS BILL IS SIGNED, AS I THINK WE ANTICIPATE, THEN IT SOUNDS LIKE WE CANNOT -- WHEN WE PROPOSE SOMETHING ELSE UNDER THIS, WE'RE GOING TO HAVE TO FOLLOW THE NEW NOTICING REQUIREMENTS OF THE LEGISLATION. THE ONLY WAY TO OVERCOME THAT IS BY PASSING IT TONIGHT. REGARDING THE FEBRUARY 1st DATE, WHICH APPLIES SPECIFICALLY TO TAKING ACTION TO REME THE EXISTING NONCONFORMING USE OF EXISTING SHORT-TERM RENTAL, DOESN'T MATTER WHEN THE GOVERNOR SIGNS THAT ANYWAY. IT'S STILL GOING TO BE APPLICABLE RETROACTIVE BACK TO FEBRUARY 1st. WHETHER WE PASS THIS TONIGHT OR AMEND IT LATER, WE'LL STILL HAVE TO DEAL WITH THAT. I WOULD RATHER OVERCOME THE JUNE 1st DATE TONIGHT BY PASSING THIS AND GET TO WORK IMMEDIATELY ON THE PROPOSED AMENDMENTS THAT WE WOULD NEED TO PUT IN AT THE VERY NEXT OPPORTUNITY FOR COUNCIL TO CONVENE ON THIS, MAKE THE AMENDMENTS, WHICH WE HAVE TO DO EVERY TIME STATE LAW IS PASSED, WHICH CHANGES WHAT WE HAVE TO DO. [ APPLAUSE ] >> I JUST WANT SOME CLARIFICATION. >> OKAY. SO FOR THE ZONING CASE, WHICH WE ARE NOT TALKING ABOUT RIGHT NOW, THAT IS THE PIECE WHERE WE'RE CREATING NONCONFORMING USES. THAT IS FINE UNDER SENATE BILL 929, BECAUSE AS YOU STATED, THOSE RULES ABOUT NOTICE DO NOT GO INTO EFFECT UNTIL JUNE 1st. BUT FOR PROVISIONS THAT POTENTIALLY STOP NONCONFORMING USES, WHICH ARE THE DROP-DEAD DATES IS WHAT I CALL THEM, YOU KNOW, WHICH YOU HAVE TO BE REGISTERED BY NOVEMBER 30th OR FOR REVOCATION OF PERMITS, THAT IS A POTENTIAL STOPPING. AND THAT IS SIGNIFICANT IN OUR ORDINANCE. AND THAT WAS ALL DRAFTED PRIOR TO 929 BEING AN ISSUE. AND SO FOR THOSE REASONS, WE WOULD LIKE MORE TIME TO FULLY ANALYZE THE IMPACT BECAUSE IT'S NOT JUST NOTICES. IT'S ALSO COMPENSATION FORMULATIONS, AND ALL OF THOSE ARE ALSO AT THE ELECTION OF THE OWNER. SO THERE'S A LOT OF THINGS GOING ON WITH THE NEW LEGISLATION THAT IMPACT THE REGISTRATION ORDINANCE THAT WE NEED TO LOOK AT. IN RESPONSE TO MR. GRADY'S ISSUE ON -- I THINK YOU WERE TALKING ABOUT PREEMPTION. >> Grady: YES. >> YES, THAT IS IN ONE BUT WE DON'T SEE IT IN 929, HOWEVER, IT DOES CREATE NEW RESPONSIBILITIES. AGAIN, THE DATE THE LEGISLATION USES FOR STOPPING NONCONFORMING USES HAS ALREADY OCCURRED. SO ONCE THE GOVERNOR SIGNS, IT'S GOING TO DATE BACK TO THE FEBRUARY 1st. SO THOSE RESPONSIBILITIES ARE VERY IMPACTFUL EVEN THOUGH IT'S REALLY NEW ONES AND NOT REALLY A PREEMPTION-TYPE THING. >> Williams: OKAY. I STILL RECOGNIZE THAT WHENEVER THE STATE PASSES A LAW THAT FORCES US TO CHANGE WHAT WE HAVE TO DO, WE HAVE TO GO BACK AND DO THAT ANYWAY. BUT ARE YOU SAYING THAT IN YOUR OPINION, THERE ARE NO PROVISIONS OF THE CURRENT REGISTRATION ORDINANCE THAT WE'RE CONSIDERING THAT WOULD BE APPLICABLE UNDER THE JUNE 1st DATE OF SENATE BILL 929? >> YOU'RE ON. >> I'M SORRY. CAN I THINK ABOUT THAT FOR A MINUTE? I WANT TO THINK ABOUT YOUR QUESTION >> SURE. >> I THINK THAT THE JUNE 1st DATE IS APPLICABLE TO THE ZONING ORDINANCE BECAUSE THAT IS THE ORDINANCE THAT IS CREATING THE NONCONFORMITIES BECAUSE WE'RE IMPLEMTING THE BAN. >> Williams: RIGHT. >> THAT WE DID NOT HAVE PRIOR TO THAT, WHICH CREATES NONCONFORMITIES. >> Williams: OKAY. >> THE REGISTRATION IS JUST A WAY TO KEEP UP WITH WHO IS NONCONFORMING, SO IT'S TRACKING AND DATA COLLECTION. AND THEN IT'S ALSO POTENTIALLY STOPPING. SO I DON'T THINK THE REGISTRATION ORDINANCE ITSELF CREATES THE NONCONFORMING. IT'S THE ORDINANCE, WHICH IS THAT JUNE 1st DATE. >> Williams: SO DOES THAT MEAN YOU DON'T BELIEVE THERE ARE ANY ORDINANCE WHICH WOULD RUN UP TO THE JUNE 1st DATE FOR THE CHANGE OF NONCONFORMING USE? THE LANGUAGE SAYS ON OR (READING QUICKLY) PROPOSED ADOPTION OR CHANGE TO A ZONING REGULATION OR BOUNDARY UNDER WHICH A CURRENT CONFORMING USE OF THE PROPERTY IS A NONCONFORMING USE. >> CAN I HAVE SOME CLARIFICATION? >> Williams: IF THE JUNE 1st DATE IS COMPLETELY INAPPLICABLE TO THE REGULATION ORDINANCE -- >> IT SAYS TO A ZONING REGULATION OR BOUNDARY. >> SO LET ME JUST WRAP MY HEAD AROUND. SO AT THIS POINT, I THINK WHAT SHELBY IS SAYING AND WHAT I'M HAVING CONFUSION IS, THE ZONING THAT WE ARE GOING TO BE DEALING WITH IS THE NEXT STEP. THAT'S WHAT PLANNING AND ZONE -- THAT'S ABOUT THE TEMPORARY BAN. >> CORRECT. >> THIS IS ONCE THE TEMPORARY BAN IS EITHER APPROVED OR DENIED, WHATEVER, THIS WOULD BE THE PROCEDURE OF DOING WHILE THE TEMPORARY BAN IS IN PLACE, RIGHT? SO THE FACT THAT THIS IS DELAYED BY ONE MONTH DOES NOT AFFECT THE TEMPORARY BAN THAT WE'RE TRYING TO APPROVE OR DISAPPROVE TONIGHT. DOES THAT MAKE -- >> THAT'S RIGHT. IF YOU PASS IT TONIGHT, YOU DON'T HAVE TO WORRY ABOUT NUMBER ONE BECAUSE IT DOESN'T GO INTO EFFECT UNTIL JUNE 1st. >> OKAY. SO -- >> Williams: YOU MEAN IF WE PASS THE INTERIM BAN TONIGHT? >> YES. THIS JUNE 1st DATE DEALS WITH A REGULATION. >> Williams: SO YOU MEAN THE JUNE 1st DATE IS ENTIRELY INAPPLICABLE TO THE REGISTRATION ORDINANCE IN YOUR OPINION. >> RIGHT. >> IS THAT WHAT YOU MEAN? >> YES. >> Williams: I UNDERSTAND IT APPLIES TO THE INTERIM BAN. I WANT TO MAKE SURE IT EXPLICITLY DOES NOT APPLY IN ANY WAY -- >> THAT'S MY OPINION, YES. >> Williams: I THINK WHAT I HEARD YOU SAY, DEPUTY MAYOR PRO TEM IS TO CONFIRM IF THE REGISTRATION ORDINANCE IS TABLED TONIGHT, THAT DS NOT PROCEDURALLY OR ILLEGALLY PREVENT US FROM PASSING THE INTERIM BAN TONIGHT. >> THAT'S CORRECT. >> Williams: WELL, I'M STILL NOT IN FAVOR OF PUNTING. [ LAUGHTER ] >> Mayor Muns: COUNCILMEMBER HOLMER. >> Holmer: THANK YOU SO MUCH, COUNCILMEMBER TU, FOR CLARIFYING THAT. I UNDERSTAND SO MUCH BETTER NOW. >> Tu: WAS THAT SARCASTIC? [ LAUGHTER ] >> Holmer: NO, I REALLY DID APPRECIATE THAT. YEAH, I THINK WE ALL WANT THE SAME THING HERE. YEAH, IF THE REGISTRATION, IF WE CAN DO AN INTERIM BAN AND GET THE REGISTRATION RIGHT, THEN I DON'T SEE WHY WE WOULDN'T WAIT AND TAKE, YOU KNOW, GIVE OUR INCREDIBLE AND TALENTED STAFF AN OPPORTUNITY TO REALLY DO THEIR DUE DILIGENCE SO THAT WE CAN DO IT RIGHT THE FIRST TIME. SO AGAIN, THANK YOU, COUNCILMEMBER TU. I WOULD BE IN FAVOR, NOW UNDERSTANDING THAT, OF TABLING THAT AS WELL. >> THANK YOU, EVERODY. MADE WHAT I HAVE TO SAY REALLY EASY. I THINK IT'S EVIDENCED, YOU'VE SEEN ESPECIALLY NOW WITH 929 BEING THROWN IN THE MIX, THERE'S A LOT OF QUESTIONS. WE'VE BEEN DEALING WITH THIS FOR QUITE A WHILE BECAUSE WE WANT TO GET IT RIGHT. WE HEAR WHAT YOU'RE SAYING. WE WANT TO DO SOMETHING THAT'S GOING -- YES, IT IS, THAT'S TRUE. WE'RE TALKING ABOUT IT. THAT'S WHAT WE'RE SUPPOSED TO DO. WE WANT TO GET THIS RIGHT. NOW WE HAVE ANOTHER WRINKLE IN THERE. WE'VE WAITED THIS LONG AND COME THIS FAR. THIS PORTION OF IT, AS WE JUST TALKED ABOUT, IS NOT GOING TO BE AFFECTED BY THAT JUNE 1 DATE. BUT IF WE WERE TO PASS SOMETHING TONIGHT THAT WOULD THEN ULTIMATELY BE IN CONFLICT OF THE STATE LEGISLATION, WE HAVEN'T ACCOMPLISHED ANYTHING, AND WE WANT TO ACCOMPLISH SOMETHING. SO THE POINT OF WAITING, I WOULD BELIEVE THAT WE TABLE, WOULD BE TO OUR JUNE 26th MEETING. LET EVERYTHING SETTLE DOWN. WE KNOW THE GOVERNOR SIGNED IT. AND IF THE GOVERNOR SIGNS IT, IT'S RETROACTIVE TO THE DATE THAT IT WAS PASSED BECAUSE I WA AUPER MAJORITY IN BOTH THE HOUSE AND SENATE. SO I DON'T THINK WE HAVE ANYTHING TO LOSE BY WAITING ON THIS PORTION OF IT TO GET IT CORRECT BECAUSE THEN WE WILL KNOW AND CITY ATTORNEY, CORRECT ME IF I'M WRONG, WE WILL KNOW WHAT THE STATE LEGISLATION IS AND WHAT THE POTENTIAL EFFECTS ARE GOING TO BE AND WHAT WE HAVE TO ABIDE BY. AM I CORRECT IN THAT? >> WE'LL HAVE TIME TO ANALYZE IT INTERNALLY AND MAKE SURE THAT OUR ORDINANCE DOESN'T HAVE ANY ISSUES RELATED TO THAT OR IF THAT IT DOES, WE CAN TWEAK SOME OF THE LANGUAGE AND FULLY ADVISE COUNCIL ABOUT THE COMPENSATION PART BECAUSE THAT'S A FINANCIAL OBLIGATION. >> Smith: CORRECT. SO LONG STORY, SHORT, I THINK THE RIGHT THING TO DO, AS COUNCILMAN RICCIARDELLI SAID, TO TABLE THIS TO THE JUNE 26th DATE AT WHICH TIME WE SHOULD HAVE SOMETHING BROUGHT TO US THAT WILL BE COMPLIANT WITH ANY STATE REGULATIONS DIFFERENT THAN WHAT WE'RE DEALING WITH TODAY BECAUSE WE JUST DON'T KNOW. I'D BE IN FAVOR OF THAT AS WELL. >> Mayor Muns: COUNCILMAN GRAD > CLARIFICATION, BY THE WAY. I LIVE IN FEAR OF 2127. EVERY CITY ACROSS THE STATE OF TEXAS NEEDS TO LIVE IN FEAR OF IT. I DON'T -- I WANTED A CLARIFICATION FROM MY FRIEND HERE. DID YOU OR DID YOU NOT MAKE A MOTION? >> Ricciardelli: I DID NOT MAKE A MOTION. I CAN OR YOU CAN. >> Grady: I JUST WANTED TO GET THAT CLARIFICATION. IT SOUNDED TO ME AS WE WENT AROUND THE HORN HERE THAT THE FEELING IS THAT LET'S MOVE THIS TO A FUTURE DATE AND GET THE -- GET ALL THE WORDING CORRECT IN IT. I'M REALLY NOT CRAZY ABOUT THAT AT ALL SO WHAT I'M GOING TO DO IS SOMETHING THAT Y'ALL CAN VOTE AGAINST. [ LAUGHTER ] AND I'LL BE THE ONE THAT VOTES FOR IT. THAT IS, I'M GOING TO MAKE A MOTION THAT WE PASS THIS ORDINANCE TONIGHT. >> SECOND. [ APPLAUSE ] >> Williams: QUESTION FOR PAIGE, MAYOR. IF WE DO PASS THIS TONIGHT, GIVEN THE DATES INVOLVED HERE, WHICH DON'T EVEN REALLY TAKE EFFECT UNTIL AFTER OUR NEXT OPPORTUNITY ON JUNE 26th, IS THERE ANY REASON WHY WE COULDN'T PASS THIS TONIGHT, STILL DO OUR HOMEWORK, STILL PROPOSE AMENDMENTS TO THIS ORDINANCE BASED ON SB 929 AND THEN PASS THOSE AMENDMENTS AT THE JUNE 26th MEETING? [ APPLAUSE ] >> I THINK YOU'RE THE COUNCIL PERSON. IT'S YOUR PLEASURE WHATEVER YOU WANT TO DO. >> Mayor Muns: WE HAVE A MOTION AND A SECOND. AGAIN, I WANT TO GET THIS RIGHT. IN 30 DAYS FROM NOW, WE HAVE TIME TO ALLOW TO SEE WHAT THE GOVERNOR DOES AND WHAT THE LEGISLATURE DOES. >> (OFF MIC). >> Mayor Muns: PLEASE, PLEASE. SO WE HAVE A MOTION AND A SECOND TO APPROVE THE ORDINANCE, CORRECT? >> CORRECT. >> Ricciardelli: AND MAYOR, IF I MAY GET A QUICK CLARIFICATION, BECAUSE THIS WAS THE BASIS FOR MY POSITION. ON THE DISCUSSION ABOUT GETTING OUT AHEAD OF SOMETHING, THERE'S NO ADVANTAGE TO ACTING NOW VERSUS NEXT MONTH, RIGHT? I KNOW WE'VE HAD A LONG DISCUSSION. THAT'S MY UNDERSTANDING. THAT'S CRITICAL, OBVIOUSLY, TO MY POSITION. BUT THAT'S MY UNDERSTANDING FROM OUR DISCUSSION. WE GAIN NOTHING BY ACTING TODAY. IS THATCORRECT? >> THAT WAS MY UNDERSTANDING TOO, SO I WOULD LIKE CLARIFICATION. >> OUR STAFF RECOMMENDATION IS TO TABLE IT SO WE CAN FULLY EVALUATE THE IMPACT OF THE BILL. >> TABLE, TABLE, TABLE. >> Mayor Muns: PLEASE. >> Tu: I THINK BOTH ANTHONY AND MY QUESTION ARE THE SAME. DOES IT IMPACT OUR GOING FORWARD IF WE WERE TO PASS IT TODAY VERSUS PASSING IT A MONTH FROM NOW? WHAT IS THE DIFFERENCE? THAT'S WHAT WE'RE ASKING, RIGHT? IF IT MAKES NO DIFFERENCE OTHER THAN HAVING TO DO AN AMENDMENT MAYBE A MONTH FROM NOW, THEN IT MAY CHANGE OUR MIND WITH REGARD TO HOW WE VOTE. >> Williams: THEN I NEED SOME CLARIFICATION AS WELL WITH -- >> Mayor Muns: I THINK THE RECOMMENDATION FROM LEGAL WAS THAT THEY NEEDED 30 DAYS TO GET MORE INFORMATION. >> THAT IS THE CONSENSUS THAT THE CITY MANAGER AND MYSELF -- >> Mayor Muns: PLEASE DON'T TALK. >> IT'S A STAFF RECOMMENDATION. AND THE LEGAL ADVICE WAS GIVEN IN EXECUTIVE SESSION. I THINK THAT IF YOU WANT TO CONTINUE TO ASK LEGAL QUESTIONS, WE SHOULD BREAK AND GO BACK INTO EXECUTIVE SESSION. >> Mayor Muns: ALL RIGHT. WE'LL RECESS INTO EXECUTIVE SESSION. >> Mayor Muns: THE CITY COUNCIL IS RECONVENED IN OPEN SESSION. WE HAVE A MOTION AND A SECOND ON THE TABLE TO APPROVE THE ORDINANCE. YOU WANT A HAND VOTE? OKAY. ALL IN FAVOR, RAISE YOUR HAND. ALL OPPOSED, RAISE YOUR HAND. OKAY. >> MAYOR? EXCUSE ME. I'D LIKE TO MAKE A SECOND MOTION THAT WE TABLE THE REGULATION OR REGISTRATION UNTIL JUNE 26th AT WHICH TIME WE SHOULD HAVE THE DATA TO KNOW WHAT THE STATE REGULATIONS ARE GOING TO BE THAT WE MUST ABIDE BY >> Ricciardelli: I WILL SECOND THAT MOTION, AND I'D LIKE TO SAY A COUPLE WORDS GOING ALONG WITH THAT SECOND. PLEASE TRUST ME. Y'ALL KNOW WHERE I STAND ON STRs. WE HAVE LOOKED AT THIS SEVEN WAYS TO SUNDAY, AND EVERYTHING BEING DONE IS SO WHAT WE CAN DO CAN BE DEFENDED. IN ANY EVENT, HANG ONTOR THE SHORT-TERM OR THE INTERIM BAN PIECE. I WANT Y'ALL TO KNOW THAT THAT'S WHAT'S GOING ON HERE. >> Williams: I THINK WE ASSUMED THAT JUNE 26th WAS THE EARLIEST THIS COULD BE BROUGHT BACK, IF TABLED. WAS THAT AN ASSUMPTION OR IS IT TRULY THE EARLIEST IT CAN BE BROUGHT BACK? >> BECAUSE OF THE SIGNATURE DATE THAT THE GOVERNOR HAS AS FAR AS BILLS AND THE ABILITY TO ASSESS THE ADDITIONAL POSSIBLE LEGISLATION THAT COULD IMPACT THIS, WE RECOMMENDED THE 26th SO WE WOULD HAVE A FULL ACCOUNTING OF THE LEGISLATION THAT HAS BEEN SIGNED BY THE GOVERNOR OR WHAT HAS PASSED BY TIME WITH THE GOVERNOR. >> Mayor Muns: OKAY. I HAVE A MOTION AND A SECOND TO TABLE THE ORDINANCE ITEM 1. IS THAT WHAT IT IS? TILL JUNE 26th. CORRECT? YOU WANT A HAND VOTE AGAIN? ALL IN FAVOR, RAISE YOUR HAND. ALL OPPOSED. MION CARRIES 6-2. CITY COUNCIL WILL TAKE A BRIEF RECESS. >> PLANNING AND ZONING COMMISSION HAS CONVENED INTO OPEN SESSION. YES, BEFORE ANYONE ASKS, IT FEELS A LITTLE ODD TO BE SITTING UP HERE LIKE THIS. I'M A LITTLE ISOLATED. I THINK THEY LIKE IT DOWN THERE. [ LAUGHTER ] >> I MAKE A MOTION WE ALWAYS HAVE IT LIKE THIS. [ LAUGHTER ] >> Chair Downs: CAREFUL. WE'RE TAKING ACTION, GUYS, AND THAT'S NOT ON THE AGENDA. [ LAUGHTER ] >> Chair Downs: OKAY. >> ITEM D, PLANNING AND ZONING COMMISSION CONSIDERATION OF ZONING ORDINANCE -- I CANNOT TALK. I'M SO SORRY. 2023-004, REQUEST TO AMEND SECTION 14.500 PROHIBITED USES OF ARTICLE 14 ALLOWED USES IN CLASSIFICATIONS OF THE ZING ORDINANCE RELATING TO AN INTERIM BAN ON SHORT-TERM RENTALS. PROJECT 2023-004. >> Chair Downs: OKAY, BEFORE WE GET STARTED, I RECOGNIZE -- AND THE CROWD HAS THINNED A LITTLE BIT. I DON'T KNOW IF THAT'S A GOOD OR BAD THING. >> THEY WERE CONFUSED. THEY THOUGHT IT WAS OVER. >> Chair Downs: OKAY. I'M JUST GOING TO SAY THIS. IN ALL MY TIME SITTING AT THE DAIS, NOT ONCE HAVE I HEARD OF A COUNCILMEMBER OR COMMISSIONER CHANGING THEIR MIND ON A VOTE AUDIENCEURING DELIBERAON.THE IF YOU WOULD, KEEP IT TO A MINIMUM AT THE VERY LEAST. LET US HAVE OUR DIALOGUE. IT MAY OR MAY NOT GO THE WAY YOU WANT IT TO, BUT I PROMISE YOU BOTH THE COUNCIL AND P&Z, WE DO A LOT OF DELIBERATION, A LOT OF RESEARCH, A LOT OF HOMEWORK, AND SOMETIMES THE END RESULT ISN'T WHAT YOU WANT TODAY, BUT IT MIGHT BE BETTER DOWN THE ROAD. SO I'M GOING TO START OFF WITH THAT. WE HAVE THE ITEM BEFORE US. WE HAD THE PUBLIC HEARING EARLIER WITH ALL OF THE COMMENTS FROM THOSE PRESENT. MANY OF WHOM WE'VE HEARD FROM BEFORE. I APPRECIATE YOUR IN THE CHAMBERS.INUED PRESENCE AND I'M GOING TO OPEN IT UP TO MR. RATLIFF AND THEN WE DON'T HAVE THE LITTLE THING, SO JUST RAISE YOUR HAND WHOEVER WANTS TO GO NEXT. >> Ratliff: HE'S GOT TO TURN MY MIC ON, I THINK. >> IT SHOULD BE ON. >> Ratliff: OKAY. THANK YOU, MR. CHAIRMAN. WE'VE HEARD A LOT OF DISCUSSION FROM THE STAFF ABOUT DIFFERENT BILLS THAT ARE GOING ON DOWN IN AUSTIN. I KNOW WE'VE GOT ABOUT THREE WEEKS LEFT DOWN THERE. AND SPEAKING FROM EXPERIENCE, THE LAST THREE WEEKS OF THE SESSION CAN BE UNPREDICTABLE. THINGS HAPPEN THAT NOBODY SEES COMING. AND A LOT OF TIMES IT'S BECAUSE SOMETHING HAS RISEN UP AT HOME THAT SOMEBODY FEELS LIKE THEY NEED TO ADDRESS FROM THE FLOOR IN AUSTIN. SO ONE OF THE THINGS WE HAVEN'T TALKED ABOUT TONIGHT, THERE'S ANOTHER BILL OUT THERE THAT I THINK WE NEED TO BE VERY LEARY OF, WHICH IS ACTUALLY A BRACKETED BILL PROHIBITING ANY SHORT-TERM REGULATION IN THE CITY, BUT BRACKETED PARTICULARLY ONE TOWN RIGHT NOW. BUT IT'S GOING TO BE ON THE FLOOR. AND MY EXPERIENCE TELLS ME THAT WE DON'T WANT TO BE PART OF THAT DISCUSSION. AND MY FEAR IS THATFE DO SOMETHING TONIGHT, WE VERY POSSIBLY COULD BE. AND I THINK IT WOULD BE IMPRUDENT OF US TO DO ANYTHING THAT MIGHT RISK PUTTING US AS PART OF THE DISCUSSION ON THE FLOOR OF THE TEXAS HOUSE ON A BILL THAT COMPLETELY BANS ANY REGULATION ON SHORT-TERM RENTALS. AND BECAUSE OF THAT, I AM WOE TO FAVOR DOING ANYTHING ON THIS TONIGHT UNTIL AFTER THE LEGISLATIVE SESSION IS OVER AND WE KNOW WHAT THEY'VE DONE OR NOT DONE AND AVOID THE POSSIBILITY OF BEING SINGLED OUT AS PART OF THE DISCUSSION. WITH THAT SAID, I KNOW EVERYBODY WANTS TO DO SOMETHING. MY FEAR IS THAT DOING SOMETHING TONIGHT MAY ACTUALLY RESULT IN A WORSE OUTCOME THAN POSTPONING THIS ITEM AS WELL UNTIL JUNE THE 26th. AND SO AS A RESULT, JUST IN THE INTEREST OF GETTING THE DISCUSSION GOING, I WOULD LIKE TO PUT A MOTION ON THE TABLE TO POSTPONE CONSIDERATION OF ZONING CASE 2023-04 TO JUNE THE 26th AS WELL. >> Chair Downs: OKAY. YOU'RE MAKING A MOTION TO TABLE UNTIL JUNE 26th. >> Ratliff: YES, SIR. >> Chair Downs: WE CAN GET A SECOND IF WE WANT ONE OR WE CAN STILL HAVE DISCUSSION. WE'RE NOT SHUTTING ANYTHING OFF HERE GUYS. DOES ANYONE WANT TO SECOND THAT? >> WE NEED DISCUSSION. >> Chair Downs: OKAY. WE WANT DISCUSSION BEFORE WE GET A SECOND. MR. BROUNOFF. >> Brounoff: WHAT WOULD BE THE IMPLICATIONS BY JUNE 26th? BY THE WAY, I THINK IT'S A COUNCIL MEETING DATE NOT A P&Z MEETING DATE >> Chair Downs: IT WOULD LIKELY MEAN ANOTHER JOINT SESSION. >> IF IT'S POSTPONED TO JUNE 26th, THAT MEANS THAT THE START DATE FOR THE NONCONFORMING WOULD BE AFTER THAT ORDINANCE IS PUBLISHED, WHICH IT USUALLY TAKES ABOUT A WEEK OR TEN DAYS. OKAY. SO RIGHT NOW IF WE PASS TONIGHT, THE NONCONFORMING USE DATE WOULD START, I THINK, AROUND MAY 15th. AND IF WE WAIT BE AFTER THE ORDINANCE IS GO PUBLISHED TWICE, WHICH IS GOING TO BE THE FIRST OF JULY. SO THE FIRST PART OF JULY. THE OTHER THING THAT WILL HAPPEN IS THAT THE NOTICE REQUIREMENTS FOR CREATING A ZONING REGULATION THAT CREATES NONCONFORMING USES, WHICH WILL HAVE TO BE SENT CITYWIDE, BECAUSE WE DON'T KNOW EXACTLY WHERE THE NONCONFORMING USES ARE. WE DON'T WANT TO MISS ANY. WE'LL HAVE TO COMPLY WITH THAT BECAUSE THOSE REQUIREMENTS IN 929, THE SENATE BILL, START ON JUNE 1st. SO THOSE ARE THE TWO THINGS THAT WILL HAVE TO HAPPEN. >> Brounoff: IS SENDING A CITYWIDE NOTICE SOMETHING THAT IS FEASIBLE FOR THE CITY TO DO? >> YES. AND I THINK IT COST, I THINK CHRISTINA SAID, ABOUT $15,000. AND WE'RE GOING TO NEED TO DO THAT ANYWAY FOR THE REGISTRATION BECAUSE OF THE WAY THE LANGUAGE IS WRITTEN. AND SO WITH THE ADDITIONAL TIME WE'RE GOING TO DO THAT ANYWAY WITH THE REGISTRATION. >> Brounoff: SO THE ONLY OTHER RISK WOULD BE THAT BETWEEN NOW AND JUNE 26th, SOME FEW ADDITIONAL SHORT-TERM RENTAL PROPERTIES MIGHT BE ESTABLISHED THAT WOULD BECOME -- GRANDFATHERED NONCONFORMING USES? >> THAT'S CORRECT. >> Brounoff: OKAY. I WOULDN'T EXPECT A HECK OF A LOT OF THEM DURING THAT PERIOD OF TIME. I MEAN, IT'S POSSIBLE. WE DON'T KNOW. OKAY. OKAY. YOU'VE ANSWERED MY QUESTION. THANK YOU VERY MUCH. >> Chair Downs: OTHER QUESTIONS? COMMISSIONER OLLEY, I CAN SEE YOUR MIC ON FROM HERE. >> Olley: QUICK QUESTION FOLLOWING UP ON COMMISSIONER BROUNOFF'S QUESTION. WE CURRENTLY DO NOT HAVE A PROCESS IN PLACE IF ANY SHORT-TERM RENTAL WAS TO COME ONLINE BETWEEN NOW AND JUNE 26th. IF WE TABLE THIS. AM I CORRECT IN ASSUMING ALL THE INDIVIDUAL NEEDS TO DO WOULD BE TO UTILIZE THE PLATFORM, AIRBNB, VRBO, WHATEVER IT IS? THERE'S NO BARRIER, SO TO SPEAK, IN PLACE TO STEM ANY LAST-MINUTE -- YOU KNOW, BEFORE THE DOOR SHUTS RUSH, SO TO SPEAK? >> IF THE ORDINANCE IS PASSED TONIGHT, IT WILL BECOME A PROHIBITED USE, AND YOU'RE CORRECT IN THAT WE DON'T HAVE A PROCESS IN PLACE TO START REGISTERING PEOPLE, AS YOU NOTED. >> Olley: RIGHT. SO BUT IF WE TABLE IT, I GUESS WE STAND THE RISK OF, YOU KNOW, ESPECIALLY KNOWING THIS IS COMING DOWN THE PIKE AND THERE WOULD BE A FLOOD OF -- IN ORDER TO ESSENTIALLY GET GRANDFATHERED IN BEFORE WE IMPLEMENT THE SHORT-TERM BAN. IF WE TABLE IT, WE OPEN UP A WINDOW, ABOUT THREE WEEKS, FOR NEW STRs TO COME ON THE MARKET. >> THAT'S CORRECT, ANYTHING THAT STARTS OPERATING BETWEEN NOW AND WHENEVER YOU ADOPT A ZONING REGULATION, IF YOU EVER DO, THEN THAT WILL CONTINUE TO BE UNREGULATED AND WHEN WE ADOPT SOMETHING, IT WILL BOME NONCONFORMING. >> Olley: UNDERSTOOD. >> I'M GOING TO GET TO YOU ONE SECOND. I WANT TO CLARIFY WHAT HE ASKED JUST FOR EVERYONE IN HERE AS WELL AS ME MAYBE PRIMARILY. SO IF WE TABLE IT, WE DON'T HAVE ANY WAY OF KNOWING WHAT CAME ONLINE BETWEEN NOW AND JUNE 26th OTHER THAN THEY SHOW UP ON A AIRBNB OR VRBO, SO IF WE TABLE THIS TONIGHT, AND THE REGISTRATION ISN'T UNTIL JUNE 26th, WHAT'S TO PREVENT THEM FROM SAYING WE OPERATED ALREADY. UNDERSTANDING SOMEONE IS IN OPERATION OR NOT IN OPERATION AS OF TODAY. WE DON'T HAVE A MECHANISM TO DO THAT, RIGHT? >> I THINK OUR MECHANISM IS ARE THEY PAYING TAXES? BECAUSE THE STATE LAW REQUIRES THAT. SO THAT WOULD BE ONE CRIER TOO -- CRITERIA, BUT THERE WILL BE OTHERS, SO I'M GOING TO LET MARK ADDRESS THAT. GOOD EVENING, CHAIRMAN DOWNS AND COMMISSION. I'M MARK ISREALSON, YOUR CITY MANAGER. WE HAVE A TECHNOLOGY PLATFORM WE'RE USING TO GATHER THAT INFORMATION, WHICH IS DECKART TECHNOLOGIES RIGHT NOW. WE ARE ABLE TO SEE SPECIFICALLY WHICH ADDRESSES ARE REPORTING AND ARE ADVERTISING FOR USE AS WELL AS WHICH ADDRESSES ARE BEING ACTUALLY RENTED AT THIS TIME. SO DATE SPECIFIC, WE ARE ABLE TO LOOK AT THAT INFORMATION. SO WE WOULD BE ABLE TO SEE HOW MANY COME ONLINE. BUT THE CHALLENGE FOR THIS PARTICULAR INDUSTRY IS IT'S A VERY POROUS MARKET. THEY'RE ABLE TO ENTER AND EXIT AT WILL AT THIS POINT. AND SO GATHERING THAT INFORMATION FOR WHEN THIS GOES INTO EFFECT IS POSSIBLE THROUGH THAT TECHNOLOGY, AND WE WOULD BE ABLE TO TRACK THAT INFORMATION. >> Chair Downs: OKAY, THANK YOU. COMMISSIONER CARY? >> Cary: THANK YOU, CHAIRMAN. DOC, YOU GOT ME UP THERE? HELLO, THANK YOU. YOU KNOW, IN RESPECT WITH WHAT COMMISSIONER RATLIFF SAID, I CERTAINLY THINK THERE'S PROBABLY REASON TO GIVE THAT CONSIDERATION. BUT BECAUSE WE DON'T KNOW WHAT'S GOING TO HAPPEN, IT'S JUST AS LIKELY THAT OTHER THINGS MIGHT HAPPEN THAT WE DON'T KNOW. YOU KNOW, ONE OF THE THINGS I THINK COMMISSIONER OLLEY HAS TALKED ABOUT HERE IS THE RUSH TO REGISTER ONCE PEOPLE REALIZE WE TABLE THIS AND DON'T PASS IT. AND YOU KNOW, MAYBE THAT'S VERY MANY AS COMMISSIONER BROUNOFF SAID. OR MAYBE IT'S MORE, AND I DON'T KNOW HOW MANY MORE. I'M NOT GOING TO GO BACK INTO ALL THE THINGS THESE CITIZENS HAVE TALKED ABOUT AND OVER THE PAST MONTHS I'VE HEARD A LOT FROM PEOPLE ABOUT THINGS THAT ANNOYING AND SOME ARE EGREGIOUS. I MYSELF FEEL LIKE IF WE DON'T MOVE THIS FORWARD, I'M GOING TO FEEL VERY, VERY PERSONALLY RESPONSIBLE AND BAD IF SOMETHING HAPPENS THAT WE HAVE A CHANCE TO TRY TO GET IN FRONT OF WITH SOME OF THE THINGS THAT HAVE HAPPENED ALREADY. YOU KNOW, I PERSONALLY FEEL THAT WE HAVE THE DUTY TO DO THAT. SO YOU KNOW, WE'RE NOT COMPLETELY BANNING ANYTHING. IT'S AN INTERIM TEMPORARY BAN. WE'RE GOING TO SORT THROUGH THINGS. IT GIVES US A CHANCE TO TAKE A PAUSE AND SORT THROUGH. THE OTHER THING TT COUNCIL HAS ALREADY SAID WE'RE PAUSING ON THAT SO THEY CAN SORT THROUGH THAT. SO I PERSONALLY THINK THAT WE NEED TO DO THIS. I THINK WE NEED TO LET OUR -- RATHER THAN TABLE THIS, RATHER THAN HAVING THIS COMMISSION TABLE THIS, I THINK IT WOULD BE WISE FOR US TO ALLOW THE ELECTED OFFICIALS DO THEIR JOB AND RATHER THAN US STONEWALL IT HERE, THAT THEY DO THEIR JOB AND GET BACK UP HERE AND MAKE THAT DECISION AND WE DON'T MAKE THAT DECISION BECAUSE I THINK IT'S A VERY IMPORTANT DECISION FOR THIS COMMUNITY. AND I PERSONALLY DON'T WANT TO STOP THEM FROM BEING ABLE TO COME BACK UP HERE. IF THEY WANT TO STOP IT, THAT'S WH THEY WERELECTED TO DO. BUT I DON'T FEEL LIKE I WANT TO DO THAT. SO THAT'S WHAT I HAVE TO SAY ABOUT THAT. [ APPLAUSE ] >> THAT WAS PASSIONATE. I TAKE OFFENSE TO THE IDEA THAT WE'RE STONEWALLING, COMMISSIONER. MR. BRONSKY? >> I WANT TO RESPOND TO THAT. I DIDN'T SAY WE WERE. I SAID I DON'T WANT TO BE RESPONSIBLE FOR THAT. THAT'S WHAT I SAID. I'M SORRY YOU'RE OFFENDED. BUT IN WE STOP THIS. >> Chair Downs: WE HAVE A JOB TO LOOK AT ZONING ISSUES. IF WE DECIDE, THIS GROUP OF EIGHT, THAT IT'S RIGHT TO TABLE THIS,S THEN IT WILL BE TABLED. THAT'S NOT A STONEWALLING. THAT'S DOING WHAT OUR JOB IS SUPPOSED TO BE. SO AGAIN, I DON'T KNOW WHERE WE'RE HEADED WITH THIS, BUT I DON'T THINK WE SHOULD BE POINTING OURSELVES IN THAT KIND OF POSITION. MR. BRONSKY? >> Bronsky: THANK YOU FOR THAT. SO I HAVE A QUESTION FOR PAIGE. THE BEGINNING OF THE DEADLINE OR THE BEGINNING OF THE BAN, IS THERE STILL ROOM FOR PEOPLE THAT PURCHASE WITH INTENT TO OPERATE? >> WITH THE ZONING ORDINANCE, NO. >> Bronsky: OKAY. WITH RESPECT TO WHAT HAS BEEN SAID AND CERTAINLY FROM LISTENING TO A LOT OF THE CITIZENS, OUR ELECTED OFFICIALS, I UNDERSTAND WHAT COMMISSIONER RATLIFF IS SAYING. THE UNPREDICTABILITY OF THE LEGISLATURE, TO ME, THAT UNPREDICTABILITY CAUSES ME TO ANSWER THE CHAIRMAN'S RESPONSE OF DOING WHAT OUR JOB IS TO DO. AND I BELIEVE THAT IN TABLING THIS, I WOULD NOT BE DOING MY JOB BECAUSE I DO BELIEVE THAT GETTING THIS STARTED, PUTTING THIS IN PLACE, IS THE RIGHT THING TO DO. AND AS A PERSON TRTED BY THE CITY COUNCIL TO MAKE THESE DECISIONS, I DON'T BELIEVE THAT BEING FEARFUL OF WHAT MIGHT HAPPEN IS THE RIGHT THING TO DO TODAY. AND SO I AM IN FAVOR OF PASSING THIS ORDINANCE AS SUGGESTED AND RECOMMENDED BY OUR CITY STAFF. THANK YOU. >> Chair Downs: THANK YOU. MR. OLLEY? >> Olley: TWO QUESTIONS, JUST TO BRING IT BACK TO MEMORIALIZE. THE LENGTH OF THE BAN, IF WE DO PASS IT, DO WE -- >> Chair Downs: I THINK YOU RAISE A GOOD QUESTION. IS THERE A GOOD QUESTION FOR US TO GET THAT ACTUAL ABCD BACK UP ON THE BOARD? THERE WAS MAY -- >> IT'S MAY 15th, I BELIEVE. THAT'S THE EFFECTIVE DATE OF THE ORDINANCE. Chair Dns: SO IT'S ONE YEAR FROM THE EFFECTIVE DATE. ASSUMING IT GOES THROUGH US AND COUNCIL, ONE YEAR FROM THAT DATE. >> Olley: SECOND QUESTION, I DON'T KNOW IF WE CAN DO THIS, BUT I BELIEVE COMMISSIONER RATLIFF'S EXPERIENCE, OBVIOUSY, IS VALID TO THIS BODY. THERE'S A REASON HE'S HERE. WOULD MR. FORTUNE BE ABLE TO SPEAK TO -- IN ANY MANNER ADDRESS ANY -- WHAT'S THE WORD I'M LOOKING FOR? >> CAN I JUMP IN? >> Olley: YES, PLEASE. >>S MY MIC ON AGAIN? YEAH, I THINK IT MIGHT BE BENEFICIAL TO GET -- >> Chair Downs: HIS MIC IS OFF. THERE YOU. >> HOUSE BILL 6139 IS THE ONE I'M VERY, VERY CONCERNED ABOUT. IF WE COULD GET A STAFF TO PROVIDE US AN OVERVIEW OF WHAT THAT BILL DOES BECAUSE THAT'S ONE I'M VERY CONCERNED WE WOULD BE ADDED TO. >> Chair Downs: OKAY. >> A FORMAL OVERVIEW OR A DEEP DIVE, I'M NOT PREPARED TO PROVIDE THAT TODAY. >> I KNOW IT'S A SHORT-TERM RENTAL BAN, BUT IT'S BRACKETED. AND I UNDERSTAND -- AND I'LL EXPLAIN THE BRACKETING IN A SECOND. IF YOU CAN JUST TALK ABOUT WHAT EXACTLY THAT BILL IS TARGETING TO DO TO THAT PARTICULAR COMMUNITY. >> SO IT'S LOOKING TO PREEMPT THE COMMUNITY'S ABILITY TO PUT IN SOME REGULATIONS FOR SHORT-TERM RENTALS. NOW, THE SPECIFICS FOR THAT COMMUNITY, I'M NOT PREPARED TO PROVIDE YOU TONIGHT. I'M HAPPY TO SEND THAT OUT AS SUPPLEMENTAL INFORMATION IF YOU'D LIKE. VALENTE IS THE CITY, I BELIEVE, IT'S TARGETED TOWARDS, ON THE COAST OF LAKE TRAVIS, TEXAS MUNICIPAL LEAGUE, AS WELL AS THE CITY OF PLANO AND OTHERS, HAVE BEE CSELY WATCHING THAT BILL. I THINK IT MAY RUN INTO TROUBLE IF THEY'RE GOING TO TRY TO EXPAND AT THIS POINT, BUT IT IS STILL PONL. WE'RE CLOSELY MONITORING THAT BILL. WITH ANYTHING THAT'S BRACKETED TO A SMALL COMMUNITY, IT DOES RAISE CONCERNS FOR FUTURE LEGISLATION, AS YOU'RE AWARE, ANOTHER SESSION, ET CETERA. AGAIN, A MORE DEEP DIVE, I'M HAPPY TO -- >> IS IT FAIR TO SAY, THOUGH, THAT THAT BILL IS GOING TO PROHIBIT THAT COMMUNITY FROM DOING ANY REGULATION ON THE WAY I READ IT. >> THAT'S MY UNDERSTANDING AS WELL. AIN, I'M NOT AN ATTORNEY, SO I WOULD NOT LIKE TO GET INTO THAT REALM. BUT THAT'S BEEN MY UNDERSTANDING FROM EVERY ANALYSIS I'VE HEARD SO FAR. >> OKAY. >> YES, SIR. >> WOULD YOU MIND IF I ELABORATE SO EVERYBODY UNDERSTANDS? SO THE WAY THAT LEGISLATION IS WRITTEN, FOR PEOPLE WHO HAVEN'T WRITTEN A BRACKETED TARGETED AT ONE PARTICULAR ENTITY, WHETHER IT'S A CITY, A COUNTY, WHATEVER. AND BY POPULATION LIMITS, BY -- YOU DON'T HAVE TO SAY WHAT THE CITY'S NAME IS. YOU WRITE IT IN SUCH A WAY THAT ONLY ONE CITY QUALIFIES. IT IS NOT UNUSUAL FOR THAT TO BE AMENDED ON THE FLOOR OF THE HOUSE. IT IS VERY COMMON FOR SOMEBODY TO SAY, I LIKE THAT. I'M GOING TO ADD XYZ TO THAT BECAUSE -- AND PEOPLE WILL HANG ANOTHER CITY ON IT THAT THEY BELIEVE HAS OVERSTEPPED THEIR BOUNDS. THESE LAWS THEY'RE PASSING IN AUSTIN ARE DESIGNED TO TAKE OUR ABILITY TO REGULATE US AWAY FROM US. AND I'M VERY CONCERNED THAT IF WE RAISE OUR HAND AND SAY, WE DON'T CARE WHAT THE LEGISLATURE SAYS, WE'RE GOING TO DO IT ANYWAY, IN THE LAST THREE WEEKS OF THE SESSION, WE POTENTIALLY BECOME A POSTER CHILD TO BE ADDED TO ONE OF THOSE BILLS, SPECIFICALLY THAT BILL. AND THEN WE WOULD LOSE ALL OPPORTUNITY TO EVEN HAVE THIS DISCUSSION ANYMORE. AND THAT'S MY CONCERN IS THAT WE ELIMINATE OUR CHANCE TO EVEN MAKE THIS DECISION. WE CAN MAKE IT TONIGHT OR WE MIGHT POTENTIALLY HAVE IT TAKEN AWAY FROM US COMPLETELY IY CONCERN. THAT'S WHY I JUST THINK IT'S PRUDENT TO WAIT UNTIL AFTER THE LEGISLATURE GOES HOME SO WE ELIMINATE THAT VARIABLE FROM THE EQUATION AND RE-ADDRESS THIS AFTER WE KNOW THEY'RE NOT GOING TO POTENTIALLY MAKE US A POSTER CHILD FOR SOMETHING THEY THINK NEEDS TO BE DONE IN AUSTIN. >> Chair Downs: THANK YOU. I -- FOR THOSE WHO DON'T KNOW, COMMISSIONER RATLIFF IS A FORMER STATE REP, SO HE'S BEEN THERE,ING -- DONE THAT KIND OF THING. COMMISSIONER TONG. >> Tong: THANK YOU, CHAIRMAN. I'D LIKE TO ASK THE STAFF T BRING BACK THE OPTIONS WE HAD FROM THE BEGINNING. I'M NOT SURE. MY QUESTION IS, ARE THOSE OPTIONS ARE STILL VALID TO US AFTER THE COUNCIL'S DECISION? >> YES, BECAUSE THIS IS ONLY ABOUT -- DECISION ABOUT THE ZONING. THE COUNCIL'S ACTION WAS RELATED TO THE REGISTRATION ORDINANCE. >> Tong: OKAY. SO IF WE WERE GOING TO PASS, LIKE, THE SECOND OPTION TO APPROVE THE ZONING AS PROPOSED, WE STILL HAVE TO TABLE THE pREG REGISTRATION ORDINANCE, WHICH MEANS WE STILL CANNOT DO ANYTHING UNTIL THEY FIGURE OUT HOW WE CAN ALIGN OUR ORDINANCES WITH THE NEW LAW PASSED? >> WELL, THE REGISTRATION ORDINANCE IS ONLY UNDER THE PURVIEW OF THE COUNCIL. THEY'VE TAKEN ACTION ON THAT. THE DECISION BEFORE THIS BODY IS ONLY ON THE ZONING. >> Tong: RIGHT. SO IF WE PASS TODY THE ORDINANCE WOULD STILL NOT BE BASICALLY NOT BEING EXECUTED OR THE REGISTRATION CANNOT BE EXECUTED OR THE OTHERS CANNOT BE EXECUTED UNTIL THE COUNCIL HAS THEIR MEETING IN -- >> RIGHT. THE REGISTRATION WON'T BE CONSIDERED UNTIL COUNCIL MEETS AGAIN ON JUNE 26th TO DISCUSS THAT. >> Tong: AND THE ONLY RESULT OR CONSEQUENCE THAT WE WILL GET IF WE PASS TODAY WOULD MAKE ALL THESE EXISTING SHORT-TERM RENTAL HOMES BECE NONCONFORMANCE? >> IT WOULD ADD THE DEFINITION TO THE ORDINANCE AND CLARIFY THAT THERE'S A TEMPORARY PROHIBITION BUT THAT NONCONFORMING USES -- AND THOSE WITH INVESTMENT-BACKED EXPECTATIONS CAN RETAIN THAT NONCONFORMING STATUS. >> Tong: OKAY. THANK YOU. >> YOU'RE WELCOME. >> NO, I THINK NOT INVESTMENT BACKED BECAUSE THAT WAS PART OF THE REGISTRATION ORDINANCE. AND THIS REFERENCES THE NONCONFORMITY. >> IT DOES STATE THAT FOR THE PURPOSES OF THIS SUBSECTION, NONCONFORMING USE IS INCLUDED, INCLUDE THOSE WITH INVESTMENT-BACKED EXPECTATIONS. >> OKAY. SO THAT IS A DIFFERENT ANSWER TO YOUR QUESTION THEN. SO WHAT IT DOES IS WILL NOT ALLOW ANY NEW USES. IT WILL CREATE THE NONCONFORMING BUT WILL BAN ANY NEW ONES. >> Tong: OKAY. >> YEAH. >> Chair Downs: AND CHRISTINE, I KNOW YOU SAT DOWN. MAYBE -- >> I CAN STAY. >> Chair Downs: WHAT'S THE MAGIC ABOUT MAY 15th, 2024? SO THIS ENTIRE SUBSECTION IS ONLY GOOD FOR A YEAR AND THEN IT GOES AWAY. WHAT HAPPENS? WHY AREN'T WE DOING IT FOR A YEAR? WHY NOT SIX MONTHS OR THREE MONTHS? WHAT'S THE MAGIC AROUND A YEAR? >> AND THE MAGIC REALLY, IT'S A TWO-PART ANSWER TO YOUR QUESTION. ONE IS BASED ON THE PURPOSE. SO THE PURPOSE OF THIS IS TO GIVE US TIME TO DO THE PUBLIC OUTREACH, COLLECT THE DATA, ANALYZE THE INFMATI TO DEVELOP THOSE PERMANENT RECOMMENDATIONS DUE TO THE COMMUNITY'S CONCERNS. AND SO WE LOOKED AT THE GAP STRATEGIES PROCESS THAT WE'VE PUBLISHED, AND THAT'S A DEADLINE THAT WE THOUGHT WAS -- >> Chair Downs: OKAY. >> -- UNDERSTANDABLE BECAUSE IT'S A YEAR. >> Chair Downs: OKAY. >> AND ALSO FIT WITHIN THAT TIMELINE. >> Chair Downs: OKAY, VERY GOOD. MR. LISLE, WE HAVEN'T HEARD FROM YOU YET. >> Lisle: THANK YOU, CHAIRMAN DOWNS. WE'VE HEARD FROM VICE CHAIR RATLIFF ABOUT SOME OF HIS CONCERNS ABOUT BEING A POSTE CHILD KIND OF ON THE NEGATIVE SIDE OF THIS. BUT DO YOU SEE ANY POTENTIAL THAT OUR ACTION TONIGHT AND OUR LEADERSHIP TONIGHT COULD HAVE A POSITIVE INFLUENCE IN AUSTIN? LIKE, WE'RE CALLED TO LEAD ON LAND USE ISSUES IN OUR AREA. AND SO BY DOING OUR JOB AND MAKING THAT RECOMMENDATION TO COUNCIL AND LETTING THEM DO THEIR JOB, WHAT IF THEY SEE THAT AND DECIDE THAT, YOU KNOW WHAT? THIS IS A LOCAL ISSUE. >> MY PERSONAL READ ON THE SITUATION IS THAT IN AUSTIN, ALL THE MOMENTUM IS ABOUT REIING IN LOCAL GOVERNMENTS THIS SESSION. AND THE ONLY BILLS LEFT ARE ONES THAT WOULD TAKE THAT AWAY FROM US. AND SO WHILE WE MIGHT WIN A FEW PEOPLE DOWN THERE, I THINK THE REALITY IS THAT THE ONLY VEHICLES LEFT ARE THE ONES THAT COULD HURT US, NOT THE ONES THAT CAN HELP US. SO THAT'S MY CONCERN IS THAT THERE'S NOT A -- BASED ON WHAT I'VE SEEN ABOUT THE LEGISLATION THAT'S OUT THERE STILL PERCOLATING, THE ONLY THING LEFT ARE THE ONES THAT COULD TAKE IT AWAY FROM US AS OPPOSED TO THE ONES WHERE WE COULD SAY, YOU KNOW, PLANO IS A LEADER. WE'RE GOING TO FOLLOW THEM. AND SO IF THE ONLY POSSIBILITY IS NEGATIVE, I DON'T SEE -- OR NOTHING, WHICH IS THE TWO OPTIONS AT THIS POINT, THAT THEY WOULD DO NOTHING TO HURT US OR IT WOULD BE NEGATIVE. I'M JUST WOE TO TAKE THAT RISK IS MY PERSONAL FEELING. >> OKAY. >> I WOULD RATHER HELP THEM DO NOTHING THAN ENCOURAGE THEM TO DO SOMETHING AT THIS POINT. >> Lisle: AND IF THEY'RE GOING TO TAKE OUR AUTHORITY AWAY FROM US, DOESN'T IT STILL MAKE SENSE FOR TOO OUR JOBS TONIGHT AND LEAD AND THEN SEND THIS ON TO COUNCIL? IF THEY'RE GOING TO TAKE IT FROM US, THEY'RE GOING TO TAKE IT FROM US ANYWAY. SO WHAT'S THE DOWNSIDE TO US DOING WHAT I PERCEIVE AS OUR JOB, WHICH IS MAKING A RECOMMENDATION TO COUNCIL ON THIS LAND USE ISSUE, PROHIBITING IT, ONE THAT I PERSONALLY BELIEVE SHOULD HAVE BEEN PROHIBITED LONG AGO. WE HEARD FROM THE AUDIENCE EARLIER "TABLE TABLE TABLE". THAT HITS HOME WE MANY. I WOULD RATHER ACT AND LEAD, EVEN IF IT'S ULTIMATELY GOING TO GET OVERTURNED THAN SIT HERE ON OUR HEELS AND GO, WELL, WHAT ARE THEY GOING TO DO IN AUSTIN? >> YEAH, AND I'M NOT GENERALLY ONE AFRAID OF TAKING THE RIGHT POSITION. I AGREE WITH YOU FROM THAT PERSPECTIVE. MY CONCERN IS THAT THERE IS A VEHICLE OUT THERE NOW ACTIVELY SEEKING TO PUNISH ONE PARTICULAR JURISDICTION. AND IT HAS SOME LEGS FROM WHAT I UNDERSTAND. AND IF IT HAS LEGS, I DON'T WANT TO BE PART OF IT. I DON'T WANT US TO BE INCLUDED IN THAT. AND SOMETIMES IT'S BETTER TO BE QUIET AND NOT RAISE YOUR HEAD AND HAVE THE CHANCE THAT SOMEBODY NOTICES YOU THAN TO RAISE YOUR HAND AND SAY, HEY, WHY DON'T YOU LOOK AT WHAT WE'RE DOING OVER HERE AND SEE IF YOU NEED TO INCLUDE US IN THAT. THT'S MY LEGITIMATE CONCERN. I AM AS CONCERNED ABOUT ALL THE ISSUES AS EVERYBODY RAISED IN THE ROOM. I WANT US TO MAKE THAT DECISION. AND MY FEAR IS THAT IF WE DO SOMETHING TO DRAW ATTENTION TO OURSVES IN THE LAST THREE WEEKF THE SESSION, WE MAY LOSE THE OPPORTUNITY TO DO THAT. THAT'S MY HONEST CONCERN, JUST HAVING BEEN ON THAT FLOOR AND SEEN IT HAPPEN. >> THANK YOU. >> Chair Downs: MR. BROUNOFF. >> Brounoff: THANK YOU, MR. CHAIRMAN. I THINK I WOULD BE REMISS IF I DIDN'T THANK THE MAYOR AND COUNCIL FOR AGREEING TO MEET WITH US IN JOINT SESSION. I WANT TO THANK ALL THE CITIZENS WHO SPOKE TO US THIS EVENING. YOUR INPUT IS VALUABLE. WE HAVE LISTENED TO YOU AND WE UNDERSTAND YOUR CONCERNS. I UNDERSTAND YOUR CONCERNS. IT'S OBVIOUS THAT THERE ARE SOME BAD ACTORS OUT THERE AND THAT THEY HAVE DONE SOME THINGS THAT ARE OF A VERY SERIOUS NATURE. AND SOMETHING NEEDS TO BE DONE ABOUT IT. ON THE OTHER HAND, I DON'T WANT US TO DO IT IN A MANNER WHERE WE CREATE OURSELVES INTO A TARGET FOR THE LEGISLATURE TO SHOOT AT, IF I CAN USE AN ANALOGY. BECAUSE THE RESULT OF THAT IS WHAT WE WILL HAVE DONE WILL HAVE BECOME FUTILE AND OF NO AFFECT AND WILL HAVE HELPED NOBODY. IF WE POSTPONE, THERE MAY BE SOME UNSPECIFIED NUMBER OF NEW SHORT-TERM RENTALS COMING ONLINE. I DON'T LIKE IT, BUT THAT IS A LESS ONEROUS PRICE TO PAY THAN HAVING OUR LEGS CUT OUT COMPLETELY FROM UNDERNEATH US. IF I HAD TO ANALOGIZE WHAT WE DON'T WANT TO DO IS LIKE LAUNCH A BEAUTIFUL NEW SHIP INTO THE FACE OF A HURRICANE AND WATCH IT SINK OKAY? SO WITH RELUCTANCE, AND I MIGHT SAY COSIDERABLE RELUCTANCE, I WILL BE IN FAVOR OF THE POSTPONEMENT TO JUNE 26th WITH THE FIRM UNDERSTANDING THAT AT THAT TIME I WOULD LIKE US TO DO SOMETHING TO HELP THESE PEOPLE. THANK YOU. >> Chair Downs: COMMISSIONER BRONSKY. >> Bronsky: I HAVE A QUESTION FOR CHRISTINA. WELL, MAYBE I DON'T HAVE A QUESTION FOR YOU JUST YET. WELL, I DO HAVE A QUESTION FOR YOU, BUT I HAVE A DIFFERENT QUESTION I THINK MAYBE FOR IGE. I'M NOT SURE. >> Chair Downs: DO YOU HAVE A QUESTION? >> Bronsky: I HAVE SEVERAL QUESTIONS. NO SHOCK TO ANYBODY HERE. >> Chair Downs: CAN I -- SORRY TO INTERRUPT YOU. THANK YOU GUYS FOR BEING SO POLITE, CALM, QUIET, LISTENING TO US. BECAUSE SOME OF THE THINGS THAT HAVE BEEN SAID AREN'T IN YOUR FAVOR. YOU'RE SITTING THERE QUIET LISTENING. I CAN'T TELL YOU HOW NICE THAT IS. COMMISSIONER BRONSKY? >> Bronsky: IF WE ACT AND HYPOTHETICALLY PASS THIS CASE TO COUNCIL, A THEY ABLE TO TABLE THAT ACTION ON THEIR OWN? OR IS THERE SOME TIMELINE FOR THAT? >> THEY CAN TABLE. >> Bronsky: OKAY. SO AN ACTION BY US DOESN'T NECESSARILY MAKE THE ZONING CASE PERMANENT. I MEAN, THEY STILL CAN ACT. >> YOUR BODY PROVIDES A RECOMMENDATION. >> Bronsky: OKAY. >> AND THEN THEY CAN APPROVE, TABLE, DENY. IF YOU DENY, THEY HAVE TO HAVE A SUPERMAJORITY VOTE. >> Bronsky: GOT IT. NOW I HAVE A QUESTION FOR CHRISTINA. WHAT IS THE RECOMMENDATION OF YOUR DEPARTMENT AS IT RELATES TO THIS CASE? >> SO THE RECOMMENDATION CHANGED -- I WANT TO SAY IT IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN, SO WE DON'T HAVE ANY CONCERNS THERE. AND I THINK WE REALLY LEFT IT UP TO YOU BECAUSE OF THE SITUATION WITH THE LEGISLATURE. WHILE WE THINK IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND YOU CAN TAKE ACTION, I THINK THAT THERE IS STILL RISK ASSOCIATED WITH THE UNKNOWN. AND SO I THINK WE SUPPORT EITHER OF THESE TWO OPTIONS, EITHER TABLING OR APPROVING THE ZONING. WE REALLY WERE TRYING TO PROVIDE OPTIONS. >> Bronsky: OKAY. I JUST THOUGHT I HEARD YOU SAY DURING THE COUNCIL THAT YOU RECOMMENDED APPROVAL. >> WE DID RECOMMEND APPROVAL ORIGINALLY. I THINK THERE ARE LAYERS OF COMPLICATION HERE. AND I THINK WE WANT TO BE RESPECTFUL OF THE FACT THERE ARE ADDITIONAL COMPLICATIONS SIN WE MADE THAT ORIGINAL RECOMMENDATION. I DO THINK IT IS SUPPORTED BY THE COMPREHENSIVE PLAN. >> Bronsky: WELL, I CAN ALWAYS BE VERY HAPPY THAT OUR COMPREHENSIVE PLAN HAS BEEN THERE FOR THAT. >> Chair Downs: MR. BRONSKY -- >> I ALSO WANT TO MAKE SURE EVERYBODY UNDERSTANDS -- I THINK YOU DO BECAUSE YOU DO THIS TWICE A MONTH. A RECOMMENDATION TO APPROVE OR DENY MOVES ONTO THE COUNCIL. IF YOU TABLE IT, IT WILL NOT MOVE FORWARD TONIGHT >> Bronsky: CORRECT, YES, MA'AM. >> OKAY. >> Bronsky: AND THAT IS -- WANT TO LVE IT UP TO OUR COUNCIL, THE PEOPLE THAT WE ELECT EVERY TWO YEARS TO MAKE THESE DECISIONS RATHER THAN TYING THEIR HANDS. I GIVE THEM THE RESPONSIBILITY TO MAKE THIS DECISION, AS I BELIEVE THEY CAN. THEY CAN TABLE IT. THEY CAN TURN IT DOWN. SO I WOULD LIKE TO MAKE A MOTION THAT WE -- >> I'M SORRY, WE HAVE A MOTION ON THE FLOOR ALREADY. AND WE'VE HAD OUR DISCUSSION. SEND. nsky: IT DIDN'T GET A >> Cha Downs: IT HASN'T YET. I WOULD ASK FOR A SECOND. IF YOU WANT TO DO A COMPETING MOTION, I NEED TO ASK AGAIN FOR A SECOND AND THEN WE CAN EITHER HAVE FURTHER DISCUSSION OR WE CAN TAKE A VOTE AND MOVE ONTO THE NEXT MOTION. >> Brounoff: IS IT A MOTION TO TABLE, IS THAT CORRECT? >> Chair Downs: A MOTION TO TABLE TO JUNE 26th. >> YES, SIR, THAT'S CORRECT. >> SECOND. >> Chair Downs: OKAY. NOW I HAVE A MOTION WITH A SECOND. DO WE WANT TO HAVE MORE DISCUSSION AROUND THIS? OR DO WE WANT TO TAKE A VOTE? >> I JUST WANT TO SAY ONE THING. >> Chair Downs: YEAH, WE CAN STILL HAVE DISCUSSION. GO AHEAD. >> YEAH, NO. I CAN APPRECIATE THE CONCERN. I CAN APPRECIATE THE DESIRE. BUT FOR ME PERSONALLY, IF OUR COUNCIL WANTS TO TABLE THIS AND THEY HAVE BEEN PUT INTO A POSITION TO MAKE THIS DECISION, I BELIEVE IT IS MY RESPONSIBILITY TO PASS THIS ON TO THEM AND TO GIVE THEM THE OPPORTUNITY TO BE HEARD. >> Chair Downs: THANK YOU. I NEVER PUT IN MY TWO CENTS' WORTH. I GUESS I COULD DO THAT NOW. SO I THINK I'M UNIQUE SITTING HERE IN THAT I'VE SAT AT THE COUNCIL DAIS BEFORE AND UNDERSTANDING THE STRUCTURE OF OUR GOVERNMENT AND HOW IT'S SET UP TO OPERATE. AND THE COUNCIL LEANS HEAVILY ON COMMISSIONS AND BOARDS TO DO A LOT OF RESEARCH AND MAKE DECISIONS FOCUSED IN A PARTICULAR AREA. SO I'VE SAT HERE ON COUNCIL AND BEEN FRUSTRATED WITH DECISIONS THAT P&Z MADE, BUT HONORED THEM. AND I'VE SAT ON COUNCIL AND BEEN VERY HAPPY WITH DECISIONS THAT P&Z MADE. AND IT DIDN'T GET PAST COUNCIL, RIGHT? BUT IT FUNCTIONS BECAUSE YOU HAVE PEOPLE THAT ARE PASSIONATE ABOUT THE CITY, THEY'RE APPOINTED. NONE OF US WERE APPOINTED TO SIT AT THIS DAIS BECAUSE THEY DIDN'T CARE WHO THEY WERE APPOINTING. THEY APPOINTED PEOPLE THAT WERE THOUGHTFUL, CONSIDERATE RESIDENTS, CONCERNED ABOUT THE EXCELLENCE OF OUR CITY. WE'RE NOT HERE BY ACCIDENT. SO THEY LEAN ON US TO TAKE ACTION. THAT ACTION ISN'T ALWAYS NECESSARILY IN ALIGNMENT WITH WHAT THEIR GOALS AND OBJECTIVESARE, AND THAT'S WHY THERE'S RULES IF WE OPERATE IN A CERTAIN WAY, THEY CAN OVERRIDE US, THEY CAN TAKE ACTION. BUT WE HAVE OUR JOB, AND OUR JOB ISN'T NECESSARILY TO PASS OR FAIL SOMETHING. IT'S TO TAKE IN THE INFORMATION WE HAVE AND MAKE A DECISION. PERSONALLY, I THINK WE NEED TO DO SOMETHING ABOUT SHORT-TERM RENTALS. I LISTENED TO THE YOUNG MAN WHO SPOKE ABOUT THEY'RE RENTING OUT A ROOM IN THEIR HOUSE. HE BRINGS UP A GOOD POINT, OWNER OCCUPIED VERSUS NONOWNER TOE FIXED. SEEMS LIKE IT NEEDS UNDER THE LAW IT'S NOT SO CLEAR, RIGHT? SOMETIMES THE THINGS THAT ARE REALLY OBVIOUS TO US AND SEEM LIKE A GREAT IDEA IS JUST MORE COMPLICATED THAN THAT. I THINK WE'VE GOT THE CART AHEAD OF THE HORSE A LITTLE BIT. I THINK WE HAVE A GAP STUDY GOING ON. THE COUNCIL PUT TOGETHER A COMMISSION, A TASK FORCE, TO EVALUATE THE ISSUE. WE HAVE A LEGISLATIVE SESSION GOING ON THAT'S GOING TO END IN ABOUT THREE WEEKS. MAYBE WE'LL HAVE CLARITY. MAYBE THERE WILL BE A SPECIAL SESSION AND WE WON'T KNOW FOR ANOTHER EIGHT WEE WHA THEY'RE GOING TO DO. EITHER WAY, THERE'S SO MUCH INFORMATION OUT THERE THAT I THINK WE DON'T TRULY KNOW THE ANSWERS TO HOW TO TAKE GOOD ACTION. AND THE INTERIM BAN IS GOING TO KEEP A SMALL NUMBER OF PEOPLE. I THINK A NUMBER THAT WAS SHOWN TO US EARLIER OR THAT I READ SOMEWHERE WAS -- LET'S CALL IT 300 SHORT-TERM RENTALS IN THE CITY OUT OF 75,000 HOMES. AND THAT INCLUDES APARTMENTS, WHICH WEREN'T LISTED IN THE 75,000. SO IT'S A VY SMALL MBER. I WANT MORE INFORMATION ABOUT THAT. I WANT TO KNOW MORE ABOUT THE TRUE IMPACT OF SHORT-TERM RENTALS ON THE CITY. AND I THOUGHT IT WAS VERY GOOD. I CAN'T REMEMBER WHO DID IT THAT SET UP THE MAP THAT SHOWED WHERE EVERYTHING WAS LOCATED AT. THAT'S IMPORTANT INFORMATION TO HAVE. BUT I DIDN'T HAVE IT UNTIL TONIGHT. WHEN I SAW THAT, I WENT OH, THAT'S INTERESTING. I WANT TO KNOW MORE INFORMATION ABOUT THAT. SO I THINK WE'RE BEING A LITTLE PRE-EMPTIVE IN TAKING ACTION TO CHANGE OUR ZONING ORDINANCE TEMPORARILY WHEN I WOULD RATHER GIVE US UNTIL JUNE 26th TO TRY TO GO, ALL RIGHT, CAN WE DO SOMETHING THAT'S BETTER AND THAT MAYBE HAS A LITTLE MORE TEETH IN IT? SOMEBODY USED THE WORD "TEETH" EARLIER. THAT'S SOMETHING THAT I WOULD BE VERY MUCH IN FAVOR OF. SO I AM DEFINITELY IN FAVOR OF TABLING. I'M NOT SURE HOW THIS IS GOING TO GO. BUT WE HAVE A MOTION, WE HAVE A SECOND. UNLESS THERE'S ANYBODY ELSE THAT WANTS TO COMMENT, I THINK WE SHOULD VOTE ON THAT. AND IT WILL BE A HAND VOTE. WE DON'T HAVE OUR ALS. >> (OFF MIC) CAN COUNCIL JUST SEND IT BACK TO US? >> Chair Downs: WELL, LIKELY THAT'S WHAT WILL HAPPEN ON JUNE 26th IF WE TABLE IT. >> WHAT IF WE PASS IT? CAN THEY JUST -- THEY CAN DO WHATEVER THEY WANT. WHAT'S THE DOWNSIDE IN LETTING THEM HAVE THE CONTROL OF WHAT HAPPENS TONIGHT? THAT'S WHAT I DON'T UNDERSTAND >> Chair Downs: IT'S A GREAT QUESTION, GREAT QUESTION. AGAIN, SOME DECISIONS, MAYBE THAT'S THE WAY THAT YOU WOULD LIKE TO VOTE ON IT. I DON'T APPROACH IT FROM THAT STANDPOINT. I WASN'T SET HERE TO SAY I'M GOI TO PUNT ON THIS CISION AND LET COUNCIL MAKE THE DECISION. I'M GOING TO MAKE IT BASED UPON THE PLAN, MY UNDERSTANDING OF HOW THE CITY OPERATES, MY EXPERIENCE, JUST LIKE ALL THE REST OF YOU. SO WE CAN KEEP HAVING THE DISCUSSION -- >> CAN I RESPOND? >> Chair Downs: YES. >> YEAH, YOU TOOK ISSUE WITH THE WAY COMMISSIONER CARY COUCHED SOMETHING EARLIER. >> Chair Downs: STONEWALLING. >> RIGHT. AND I RESPECT YOUR LEADERSHIP, WITHOUT A DOUBT. BUT NO MATTER WHICH WAY I VOTE TONIGHT, I'M NOT PUNTING. IN ORDER TO GIVE THE DECISION TO OUR ELECTED OFFICIALS ON SOMETHING THAT I AM PASSIONATE SHOULD HAVE BEEN PROHIBITED LONG AGO, IT'S NOT ME PUNTING. >> Chair Downs: WE ARE GIVING THEM A DECISION. >> RIGHT. BUT NO MATTER WHAT THAT DECISION IS, I DON'T THINK IT'S FAIR TO SAY I'M JUST PUNTING IT TO THEM. >> Chair Downs: AGAIN, MY APOLOGIES IF YOU MISINTERPRET WHAT I'M SAYING. BUT THE IDEA THAT WE'RE TABLING SOMETHING, THAT HAPPENS ALL THE TIME. WE TABLE THINGS. THIS HAPPENS TO BE A VERY IMPORTANT DECISION, AND THERE' A LOT OF VERY PASSIONATE PEOPLE HERE. IT WAS BROUGHT OUT EARLIER, TOO, ABOUT MAKING DECISIONS FROM A PLACE OF FEAR. EVERYONE HERE IN THIS AUDIENCE IS AFRAID OF WHAT SHORT-TERM RENTALS MEAN. THAT'S WHY THEY'RE TAKING ACTION AND THEY'RE IN THE AUDIENCE. I'M AFRAID OF WHAT SHORT-TERM RENTALS MIGHT DO TO US, BUT I DON'T HAVE THE INFORMATION TO MAKE ME FEEL LIKE I SHOULD BE AFRAID. SO I DON'T WANT TO MAKE A DECISION BASED ON FEAR. I WANT TO MAKE A DECISION BASED ON WHAT DOES THIS MEANOR THE CITY IN THE SHORT TERM? AND CAN WE DO SOMETHING BETTER? AND I AM CONCERNED, AS IS YES. - MR. RATLIFF SAID, ABOUT THE POSSIBILITY OF HAVING SAT HERE ON COUNCIL DURING THE ERO DAYS, THE STATE LEGISLATOR GETTING INVOLVED IN OUR BUSINESS. YES SIR? >> COMMISSIONER RATLIFF HAS A COUPLE TIMES REFERENCED THIS POTENTIAL RISK. SPECIFICALLY, WHAT I DON'T KNOW IS WHAT IS THE BRACKET, THIS ONE CITY THAT'S BEING CALLED OUT, WHAT ARE THEY BEING CALLED OUT FOR AND HOW RELEVANT IS THAT TO WHAT WE'RE DOING HERE? BECAUSE MY RECOLLECTION IN READING THIS IS IT PROBABLY WASN'T, IN MY OPINION, ALL THAT RELEVANT TO WHAT WE'RE DOING HERE. IF YOU COULD HELP US OR MAYBE SOMEBODY COULD >> ABSOLUTELY. >> SORRY, COULD I ADD A TAG ON TO THAT? FROM WHAT I READ ABOUT THE BRACKETING, THEY'RE USING THE POPULATION AS KIND OF LIKE THE STIPULATION TO TARGET, FOR LACK OF A BETTER WORD, THECITY. AFTER MR. FORTUNE ANSWERED THE OTHER MECHANISMS THEY COULD USE TO ESSENTIALLY PULL IN A LARGER MUNICIPAL BODY BECAUSE IF THEY GO POPULATION, THEN THEY'VE RULED ON A THOUSAND MUNICIPALITIES, PLANO BEING THE NINTH LARGEST, RIGHT? SO IF YOU USE 300,000, FOR INSTANCE, EVERYBODY EXCEPT AUSTIN AND HOUSTON GETS CAUGHT SE THE OTHER MECHANISMS IN YOUR EXPERIENCE, THAT COULD BE -- >> I COULD SPEAK A LITTLE TO THAT. IN ADDITION TO POPULATION, YOU CAN ALSO BRACKET BY COUNTY. CITY OF GRAND PRAIRIE IS LOCATED INSIDE THREE COUNTIES. IF YOU WERE TO BRACKET THAT SPECIFIC CITY, YOU COULD REFERENCE IT BY COUNTY AS WELL AS POPULATION. THERE MAY BE OTHER MECHANISMS, BUT IN GENERAL, THAT'S -- THE OTHER BILL OF NOTE, PROBABLY MOST IMPORTANCE, IT IS SET FOR THE HOUSE CALENDAR SO WHEN YOU TALK ABOUT A VEHICLE THATAY PUT OUR CITY IN DANGER AND OTHER CITIES ACROSS THE STATE QUITE FRANKLY, HAVING THIS DISCUSSION NOW IS SOMEWHAT POORLY TIMED, I COULDN'T PREEMPT THAT OBVIOUSLY, COULDN'T PREDICT THAT. THAT BEING SAID, THE BILL ITSELF, IF THAT BRACKET PIECE IS REMOVED, WILL PROHIBIT US FROM PROHIBITING SHORT-TERM RENTALS. IT IS AN OUTRIGHT PRE-EMPTION RENDER OUR DISCUSSIONS TONIGHT INCONSEQUENTIAL, THAT WOULD APPLY WHETHER OR NOT TOOK ACTION NOW OR IF YOU WAITED AND IT WASMENDED. >> JUST AOLLOW-UP ON MY QUESTIONS. YOU KNOW, THE FACT THAT PLANO MAY GET SINGLED OUT, MY GUESS IS EVERYBODY THAT'S DOWN THERE KNOWS WE'RE HAVING THIS MEETING, AND EVERYTHING WE'RE TALKING ABOUT IS GOING TO END UP THERE, ANYWAY, AND SO I DON'T THINK THAT WHETHER WE PASS IT OR NOT, THAT'S -- THIS IS MY OPINION -- IT'S GOING TO TRIGGER ANYTHING. SO CHAIRMAN DOWNS, TO YOUR POINT ABOUT MAKING THINGS BETTER, I BELIEVE IF WE ALLOWED COUNCIL TO DO THEIR JOB, DOWN THE ROAD, WE CAN AMEND THIS AS WE GET MORE INFORMATION AND MAKE THIS BETTER, WE HAVE THOSE MECHANISMS AVAILABLE. BUT IN THE SHORT-TERM, WE'VE DONEOMETHING IN THE BEST INTEREST OF OUR CITY IN MY OPINION, WITHOUT A TREMENDOUS AMOUNT OF RISK BASED ON EVERYTHING I'VE HEARD IN MY OPINION, AND I THINK THEN WE CAN CONTINUE TO MAKE THIS THE BEST POSSIBLE ORDINANCE WE CAN THROUGH AMENDMENT, SO THANK YOU. >> Downs: >> I HAVE A QUESTION, PROBABLY FOR OUR ATTORNEY, THAT AFTER WE -- IF WE PASS TONIGHT, AND THIS DECISION BECOMES OUR RECOMMENDATION, AND WE WOULD -- I'M TALKING ABOUT PASS THE BANNING, THEY WI GO BACK TO THE COUNCIL TO EITHER PASS OR DENY OR TABLE, WHAT TIME FRAME WOULD THAT BE? IT'S NOT GOING TO BE TONIGHT? IS IT GOING TO BE TONIGHT? SO WE'RE GOING TO COME BACK TO DO THAT? >> YEAH, IF YOU RECOMMEND THAT IT'S -- OR YOUR RECOMMENDATION IS TO PASS IT, IT WILL CAN GO TO THE COUNCIL TONIGHT, IF YOU VOTE TO TABLE IT, IT WILL NOT GO TO THE COUNCIL TONIGHT. >> TONE: GOT YOU, THANK YOU. >> Downs: MR. BROUNHOFF. >> IF THE COUNCIL TAKES POWER TO ACT AWAY FROM US, THEN WE WILL NO LONGER BE ABLE TO AMEND ANYTHING. WE WILL HAVE LOST THE POWER OF AMENDMENT. >> Downs: OKAY, SO WE'VE HAD A LOT OF DISCUSSION, WE HAVE A MOTION AND A SECOND, THIS IS TO TABLE. I'M GOING TO CALL THE VOTE. IT IS A HAND VOTE, SO A VOTE YES MEANS THAT WE'RE GOING TO TABLE THIS TO JUNE 26th. IF IT'S TABLED, COUNCIL WILL NOT HAVE ADDITIONAL ACTION TO TAKE. TONIGHT. OKAY. ALL THOSE IN FAVOR OF TABLING TO JUNE 26th? THAT'S FOUR. ALL THOSE OPPOSED? OKAY, SO THAT MOTION FAILS. >> I MOVE THAT WE SEND TO COUNCIL, LET THEM DO THEIR JOB. SO I MAKE A MOTION THAT WE APPROVE THIS AS IT SITS, AND ALLOW THEM TO TABLE IT, TO PASS IT, OR TO TURN IT DOWN. >>'LL SECOND THAT. >> Downs: A MOTION BY COMMISSIONER BRONSKY, WITH A SECOND BY VICE CHAIR CARRY TO PASS THIS AMENDMENT TO THE ZONING ORDINANCE, ALL THOSE IN FAVOR RAISE YOUR HAND. FOUR. ALL OPPOSED, FOUR. OKAY. IT'S MY UNDERSTANDING, THEN, THAT WE DON'T HAVE A VOTE TO APPROVE IT. IT FAILS. IN ESSENCE WE'VE DENIED THE ORDINANCE, IS THAT SCRECT? I THAT RREC >> YOU COULD TRY TO -- SOMEBODY COULD TRY TO MAKE AN AMENDED MOTION IF THEY THINK IT COULD GET ENOUGH VOTES, BUT IT SOUNDS LIKE Y'ALL ARE -- WHAT ARE THE RULES -- >> Downs: IF WE'RE AT A STANDSTILL, LET ME PUT IT THIS WAY, IF WE'RE TIED UP, AND ESSENTIALLY OUR RECOMMENDATION -- YES, GO AHEAD. >> I THINK IT PASSED. I THINK OUR BUY LAW SAYS IT PASSES IF IT'S A TIE. .[ INDISTINCT CHATTER ] [ INAUDIBLE - NO MIC ] >> Downs: PLANNING AND ZONING COMMISSION HAS PARTICIPATED IN THE PUBLIC HEARGA REPORT AND CONSIDERED THE PRELIMINARY REPORT, AFTER WHICH THE PLANNING AND ZONING COMMISSION DELIBERATED ON ZONING CASE 2023-004, AND AFTER TWO VOTES FOR TABLES THAT FAILED BY A VOTE OF 4 TO 4, AND A APPROVAL THAT FAILED BY A 4 TO 4, ESSENTIALLY THE PLANNING AND ZONING COMMISSION'S FINAL REPORT IS NO ACTION AND IT WILL MOVE TO COUNCIL FOR THEIR ACTION ON THIS ITEM. THE PLANNING AND ZONING COMMISSION WILL NOW TAKE A RECESS. >> Mayor Muns: CITY COUNCIL HAS RECONVENED IN OPEN SESSION. >> City Clerk: ITEM F, CITY COUNCIL CONSIDERATION OF AN ORDINANCE AS REQUESTED IN ZONING CASE 2023-004, TO AMEND SECTION 14- -- .500 PROHIBITED USES OF ARTICLE XIV ALLOW USES AND CLASSIFICATIONS OF THE XREP SIEVE ZONING ORDINANCE OF THE CITY, AS HERETOFORE AMENDING RELATING TO AN INTERIM BAN ON SHORT-TERM REGISTERTALS, PROVIDING A PENALTY CLAUSE, SEIFERTABILITY CLAUSE, A REPEALER CLAUSE, A PUBLICATION CLAUSE, AND AN EFFECTIVE DATE. >> Mayor Muns: THANK YOU. SO HOT POTATO IS BACK IN OUR COURT. [ LAUGHTER ] SO UMM, -- [ APPLAUSE ] SO I WOULD BE GLAD TO GO AROUND THE DAIS, OR SOMEBODY HAS A MOTION -- >> MAYOR -- >> Mayor Muns: BE GLAD TO HEAR IT. >> Grady: CAN I START A MOTION. >> Mayor Muns: PLEASE. >> Grady: MOTION TO APPROVE ITEM F. >> Ricciardelli: SECOND. >> Mayor Muns: OKAY. ANY COMMENTS? COUNCILMAN WILLIAMS? >> Williams: WELL, I JUST LIKE TO PREEMPT THE CONCERN, GET IT PRE-EMPTION, BILL, ABOUT HB2127, THAT PASSED THE HOUSE ALREADY. I WAS JUST TEXTING WITH TE SENATE COSPONSOR OF THAT BILL, THE COMPANION BILL, WHILE WE WERE SITTING OVER THERE, WHOM I'M VERY PROUD WAS A SUPPORTER OF MINE. I'M FAIRLY CONFIDENT THAT THEY'RE NOT GOING TO AMEND THAT BILL JUST TO PUT THE SCREWS TO PLANO. >> Mayor Muns: COUNCILMAN RICCIARDELLI. >> Ricciardelli: THANK YOU, MAYOR, I DID ALSO -- I HAV A COUPLE OF COMMENT, I WOULD LIKE TO SAY WE'VE BEEN MENTORING THIS ISSUE FOR SEVERAL YEARS NOW, AND WHILE I UNDERSTAND THAT WE'RE NOT AT OUR FINAL DESTINATION TONIGHT, YOU KNOW, CHRISTINA MENTIONED THAT WE STARTED LOOKING AT THIS IN 2018, I REMEMBER DISCUSSING THE ISSUE IN 2020 ON ZOOM, YOU KNOW, BECAUSE THAT WAS DURING THE FIRST YEAR OF COVID, WE'VE BEEN THOROUGHLY STUDYING THIS ISSUE FOR SEVERAL YEARS. WE'VE HAD NUMEROUS UPDATES AND DISCUSSIONS, SO I BELIEVE THAT THE TIME HAS COME TO BEGIN TAKING ACTION, AND I WOULD FURTHER SAY THAT WHILE THE ABSOLUTE NUMBER OF NEW SHORT-TERM RENTALS IN PLANO IN THE NEXT SIX WEEKS MAY NOT END UP BEING A HUGE MBER IF THAT'S NEXT TO YOUR HOUSE, THAT'S THE ONE THAT MATTERS TO YOU. AND SO I THINK IT'S REALLY IMPORTANT THAT WE TAKE ACTION NOW. I ALSO WOULD LIKE TO JUST POINT OUT THAT THE CITY HAS DATA THAT SHOWS THAT 16.6% OF SINGLE FAMILY SHORT-TERM RENTALS HAVE GENERATED AT LEAST 1 POLICE CALL FOR SERVICE WHILE ONLY 5.7% OF SINGLE FAMILY HOMES THAT ARE NOT SHORT-TERM RENTALS HAVE GENERATED AT LEAST ONE POLICE CALL FOR SERVICE. THAT MEANS THAT IT IS ALMOST THREE TIMES AS LIKELY THAT A SHORT-TERM RENTAL AND A SINGLE FL RESULT IN A CALL TO THE POLICE THAN A NONSHORT-TERM RENTAL SINGLE FAMILY HOME WILL DO THE SAME. SO I THINK THAT WE HAVE DATA OBVIOUSLY, WE DON'T HAVE ALL THE DATA WE'LL HAVE WHEN WE MAKE OUR FINAL DECISION, BUT I THINK THAT WE KNOW ENOUGH TO TAKE THIS ACTION TONIGHT, AND THAT IT'S IMPORTANT TO DO SO TO PROTECT OUR NEIGHBORHOOD, SO I URGE US TO VOTE IN FAVOR OF THIS. >> Mayor Muns: ALL RIGHT, MAYOR PRO TEM? GOING TO BE IN THE MINORITY ON THIS TONIGHT, BUT GIVEN WHAT WE'VE HEARD ABOUT THE HOUSE BILL, BUT MORE IMPORTANTLY GIVEN THE FACT THAT WE DON'T HAVE REGISTRATION, I'M VERY CONCERNED ABOUT PASSING SOMETHING THAT WON'T BE ENFORCEABLE. AND THERE'S ALSO A COMMENT MADE BY ONE OF THE CITIZENS THAT WE SHOULD MAKE DECISIONS BASED ON FACTS -- SORRY -- FACTS AND NOT FEAR, AND TO ME, I HAVEN'T BEEN PRESENTED WITH ENOUGH FACTS AND DATA THAT SHOW THAT WE SHOULD BE IMPLEMENTING A CITYWIDE BAN, SO I WILL NOT BE ABLE TO SUPPORT THIS TONIGHT. >> Mayor Muns: ANY OTHER COMMENTS? OKAY, I HAVE A MOTION AND A SECOND. >> Grady: >> I'D LIKE TO TEST OUR KNOWLEDGE OF THE RULES OF PROCEDURE AND OFFER AN AMENDMENT, I WOULD LIKE TO AMEND TO STRIKE SECTION 1.4 PROVISION (B) WHICH GIVES AN EXPIRATION DATE OF THIS OF MAY 15th OF 2024. >> Mayor Muns: IT'S ALREADY IN THERE -- >> Williams: I WANT TO STRIKE THE EXPIRATION DATE, SO THERE IS NO EXPIRATION DATE UNTIL AND UNLESS WE REVISIT IT, AND WE CHANGE THIS OR REPEAL IT. I WANT TO REMOVE THE AUTOMATIC EXPIRATION DATE AND MAKE IT INCUMBENT UPON US TO -- >> Mayor Muns: THAT KIND OF TAKES THE INTERIM -- >> Tu: HE'S MADE AN AMENDMENT SO WE NEED TO DEAL WITH IT. >> DO WE NEED TO GO INTO EXECUTIVE SESSION? >> Mayor Muns: CHRISTINA, WE HAVE A QUESTION FOR YOU. PLEASE. >> Smith : THE REASON WE CAME UP WITH THIS, WE DON'T HAVE ENOUGH DATA, WE WANT TO ALLOW STAFF ENOUGH TIME TO GET THE DATA, SO WE'RE MAKING INFORMED DECISIONS THAT WILL STAND UP TO ANY POTENTIAL CHALLENGE. DO YOU FEEL LIKE THE 12-MONTHIME PERIOD IS ENOUGH TIME FOR YOU GUYS TO GET THIS TO US? >> [ INAUDIBLE - NO MIC ] MAKE EVERY EFFORT TO MAKE IT -- THIS DEADLINE PUTS PRESSURE ON US TO MEET THAT TIME FRAME, AND SO I THINK THAT IS ACTUALLY HELPFUL FOR US TO GET IT DONE WITH IN A CERTAIN PERIOD OF TIME. >> Smith : OKAY. THE POINT IS THIS IS NOT DESIGNED TO BE A PUNITIVE MEASURE AGAINST ANYONE, IT'S SIMPLY DESIGNED FOR US TO GET THE FACTS THAT WE NEED TO MAKE A CORRECT DECISION. >> AND I THINK IT'S GOING TO GIVE US THE TIME WE NEED. I MEAN, IT IS WHAT IS PROPOSED BY OUR OUTREACH CONSULTANT FITS WITHIN THAT TIME FRAME, SO I THINK WE WERE TRYING TO BE RESPECTFUL OF WHAT WE THOUGHT WAS A REASONABLE PROPOSAL, AND YET GIVE IT A FINITE TIME FRAME TO SAY THE CITY IS GOING TO MAKE A DECISION AT A CERTAIN TIME SO PEOPLE WOULD HAVE CONFIDENCE THIS WAS NOT A NEVER-ENDING PROCESS. >> Smith : OKAY, GREAT. THANK YOU, CHRISTINA, I APPRECIATE IT. >> Mayor Muns: OKAY. WE HAVE A MOTION AND A SECOND. I KNOW YOU PRESENTED AN AMENDMENT, BUT THERE'S NO SECOND. SO WITHOUT A SECOND, WE'LL STICK WITH THE MOTION AND SECOND. OKAY? SO ALL IN FAVOR TO APPROVE ITEM F, IS THAT WHAT IT WAS? ALL RIGHT. HAND VOTE. RAISE YOUR HAND. ALL OPPOSED? MOTION PASSES 7-1. THANK YOU. [ APPLAUSE ] I DECLARE THAT THE PLANO CITY COUNCIL JOINT MEETING WITH THE PLANNING AND ZONING COMMISSION IS ADJOURNED -- >> GET TO GO BACK AND CHEW ON IT AGAIN. I'M KIDDING. [ LAUGHTER ] >> Mayor Muns: NO. GO AHEAD. >> STILL GOT EVERYBODY? >> Mayor Muns: CLOSE ENOUGH. >> PLANNING AND ZONING COMMISSION IS CONVENED INTO OPEN SESSION. NOW YOU GO. >> Mayor Muns: I NOW DECLARE THAT THE PLANO CITY COUNCIL WITH THE PLANNING AND ZONING COMMISSION IS ADJOURNED. >> Downs: I NOW DECLARE THAT THE JOINT MEETING IS ADJOURNED. >> Mayor Muns: THANK YOU SO MUCH, COMMISSIONERS. [ APPLAUSE ] >> TAKE A FIVE MINUTE RECESS. >> Mayor Muns: TAKE A FIVE MINUTE RECESS AND BEGIN OUR REGULAR MEETING. >> Mayor Muns: I NOW LARE THE PLANO CITY COUNCIL PRELIMINARY OPEN MEETING IS RECONVENED, ALL COUNCILMEMBERS ARE PRESENT. FIRST ITEM IS CONSIDERATION ACTION RESULTING FROM EXECUTIVE SESSION. DISCUSSION AND DIRECTION OF THE AMERICAN RESCUE PLAN, MARK? >> ISRAELSON: MAYOR AND COUNCIL, YOU RECEIVED A MEMO ABOUT THIS IN YOUR PACKET, WE RECEIVED NEWS RECENTLY THAT THERE'S BEEN A PROPOSAL TO START CLAWING BACK AMERICAN RESCUE PLAN ACT FUNDS, AS YOU KNOW, THE COUNCIL APPROPRIATED THESE FUNDS TOWARD SOME SPECIFIC PROJECTS THROUGHOUT THE CITY AND ACROSS MULTIPLE FUNDS, OUR RECOMMENDATION AT THIS POINT IS TO MAKE SURE THAT WE CAN BENEFIT FROM THESE FUNDS THAT WE APPLY THESE TO PUBLIC SAFETY SALARIES FOR THE CURRENT FISCAL YEAR, WHICH WILL CREATE SOME FLEXIBILITY WITHIN THE GENERAL FUND MOVING FORWARD, BUT ALLOW US TO GO AHEAD AND CAPTURE AND CLAIM THESE FUNDS, APPROPRIATE THEM IN A WAY THAT WE KNOW IS IN COMPLIANCE WITH THE ARPA, OR THE AMERICAN RESCUE PLAN ACT. WE'VE ARE RUN THIS BY OUR AUDITORS TO DOUBLE CHECK THAT RECLAIMING AND REPURPOSING THESE FUNDS IS ALLOWED, THEY HAVE CONFIRMED THAT IT IS ALLOWED, SO OUR RECOMMENDATION IS TO MOVE THESE FUNDS TO PUBLIC SAFETY SALARIES WHICH WILL THEN CREATE SOME ADDITIONAL FLEXIBILITY WITHIN THE GENERAL FUND FOR THOSE PROJECTS IN FUTURE YEARS. SO THAT IS OUR RECOMMENDATION AND -- >> Mayor Muns: EVERYBODY OKAY WITH THAT? ALL RIGHT. THANK YOU. >> ISRAELSON: THANK Y'ALL VERY MUCH. >> Mayor Muns: CONSENT AND REGULAR AGENDAS, ANY ITEMS? ITEMS FOR FUTURE AGENDAS? >> Grady: MR. MAYOR, I JUST HAVE ONE, ANDHAT IS I BELIEVE THE DISCUSSION ON US 75, AND I THINK IT WOULD BE GOOD FOR THE COUNCIL, OUR FUTURE COUNCIL, WHOEVER THAT MIGHT BE, TO UNDERSTAND WHAT ALL THE DESIGN WORK IS ON 75, AND ALSO, WHAT IT'S GOING TO MEAN TO THE CORRIDOR FOR A PERIOD OF TIME, I'LL REFERENCE JUST ONE ITEM, THERE WAS DISCUSSION OF MOVING THE LIGHTING TO THE OUTSIDE OF THE CORRIDOR, BUT THE SCHEDULING WAS SUCH THAT THEY WERE GOING TO REMOVE THE LIGHTING ROM T INSIDE OF THE CORRIDOR PHILADELPHIA 76ERS AND THEN INSTALL THE LIGHTING ON THE OUTSIDE CORRIDOR, WHICH WOULD HAVE LEFT 75 IN THE DARK FOR ONE YEAR. I BELIEVE THAT THAT IS -- THAT TIME FRAME IS CHANGING AT THE RTC, BUT I THINK IT'S WORTH GETTING A BRIEFING. >> Mayor Muns: WE'LL DEFINITELY GET MICHAEL HERE TO GIVE US A BRIEFING, AS SOON AS POSSIBLE. THANK YOU. LET'S MOVE ON TO THE REGULAR MEETING. I NOW DECLARE THE PLANO CITY COUNCIL CONVENED IN OPEN SESSION, THAT ALL MEMBERS ARE PRESENT, WE'LL BEGIN TONIGHT'S REGULAR MEETING WITH THE INVOCATION, LED BY MAYOR PRO TEM, KAYCI PRINCE, AND THE PLEDGE OF ALLEGIANCE AND TEXAS PLEDGE LED BY OUR ONE AND ONLY, COUNCILMAN GRADY. >> Prince: FATHER, IN THE NAME OF JESUS, WE COME TO YOU TONIGHT AND WE ASK YOU JUST TO BRING YOUR PEACE AND COMFORT TO ALL OF THOSE WHO HAVE LOST FRIENDS AND LOVED ONES, FAMILY MEMBERS, COWORKERS, IN THE TRAGIC INCIDENT IN ALLEN. WE ASK THAT YOU JUST COME ACROSS THE COMMUNITY AND WRAP YOUR ARMS AROUND PEOPLE TODAY AND SHOW THEM THAT YOU'RE NEAR. WE THANK YOU, LORD, THAT YOU'RE BRINGING PEACE AND HOPE IN A PLACE AND A TIME WHEN IT SEEMS LIKE THERE'S NONE, WE ASK YOU, LORD, JUST TO BRING PROTECTION UPON OUR COMMUNITY, GIVE PEOPLE A SENSE OF PEACE AND SAFETY, WE THANK YOU FOR THIS NIGHT TONIGHT, GIVE US WISDOM AS WE CONTINUE TO SERVE AND TO MAKE GOOD DECISIONS FOR OUR COMMUNITY. IN YOUR NAME WE PRAY. AMEN. >> Grady: I PLEDGE LEGICE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE, UNDER GOD, ONE AND INDIVISIBLE. >> Mayor Muns: THANK YOU. BE SEATED. DO WE HAVE COMMENTS OF PUBLIC INTEREST? >> City Clerk: I DO HAVE ONE SPEAKER THIS EVENING. >> Mayor Muns: OKAY. >> City Clerk: COMMENTS OF PUBLIC INTEREST, THIS PORTION OF THE MEETING IS TO ALLOW UP TO THREE MINUTES PER SPEAKER WITH 30 TOTAL MINUTES ON INTEREST OF CONCERN AND ITEMS NOT ON THE CURRENT AGENDA, THE COUNCIL MAY NOT DISCUSS THESE ITEMS BUT MAY RESPOND WITH FACTUAL OR POLICY INFORMATION. THE COUNCIL MAY CHOOSE TO PLACE THE ITEM ON A FUTURE AGENDA. AND THE SPEAKER THIS EVENING IS ALEX STEIN. >> HELLO, COUNCIL -- WHAT? QUIT MOVING THE MIC. OKAY, I CAN'T SEE MYSELF, AM I ON THE SCREEN? AM I ON THERE? DO YOU KNOW HOW TO WORK IT? OH, THERE WE ARE. OKAY. HEY COUNCIL UMM GUYS GALS, ALL MY NONBINARY PALS, I'M NURSE ALEX, I'M AN ELEMENTARY SCHOOL NURSE, LET'S BE HONEST, THESE KIDS ARE DOING TERRIBLE. THEY'RE DOING ABSOLUTELY BAD. I MEAN, IF YOU LOOK AT THE STANDARDIZED TEST SCORES, THESE , THEY'RE TEST AT A 6th GRADE LEVEL, I'M IN THE NURSE'S OFFICE, I'M GIVING THEM PUBERTY BLOCKERS EVERY SINGLE DAY, IT'S NOT WORKING, THESE KIDS ARE TIRED AND I'M SICK. HOW ARE THESE KIDS GOING TO LEARN IF THEY HAVE NO ENERGY. I COME HERE WITH SOLUTIONS. COFFEE. WE NEED TO START GIVING KIDS COFFEE, BUT NOT JUST ANY COFFEE. WE NEED TO GIVE THEM THE ONE, THE ONLY, CAST BREW COFFEE. NOW, IF YOU'RE FAMILIAR WITH CAST BREW COFFEE, I IS SOLD BY A GUY TAMED TIM POOL IDEOLOGICALLY SOME PEOPLE WOULD SAY, YOU KNOW, HE LEANS RIGHT, BUT LET'S BE REAL, ENERGY DOES NOT HAVE A POLITICAL PARTY, AND THESE CHILDREN ARE BASICALLY ALL AUTISTIC THESE DAYS, SO A LITTLE BOOST OF CAFFEINE, A LITTLE JAVA NEVER HURT ANYBODY, AND LET'S BE REAL, LET'S HONESTLY JUST TAKE A SELF-REFLECTIVE MOMENT. ARE THESE PARENTS THAT GOOD? NO, I HAVE STUDENTS THAT COME IN ALL THE TIME, AND THEY TELL ME, OH, MY DAD DOESN'T WANT ME TO DRESS IN A DRESS, SO WHAT DO I DO? I GIVE THEM A DRESS, I LET THEM DRESS HOWEVER THEY WANT BEHIND THEIR PARENTS BACK. SOME OF THESE NONBINARY KIDS, THEY'RE THE MOST TIRED, THEY'RE THE ONES GETTING LITERALLY THE MOST HATE FROM THEIR CLASS MATES, MAYOR MUNS, IF WE CAN GIVE THEM A LITTLE BIT OF CAST BREW COFFEE. HAVE YOU -- COULD YOU IMAGINE WHAT IT'S LIKE TO GET A MASTECTOMY? COULD YOU IMAGINE? WE'RE GIVING MASTECTOMIES AT A RATE TO CHILDREN WE'VE NEVER GIVEN IN RECORDED HISTORY. IMAGINE, YOU'RE ALL TIRED IN YOUR CLASSROOM, YOU DON'T WANT TO DO YOUR MATH, YOU WANT TO DO YOUR MATH, YOU'RE TOO TIRED. I'M TALKING ABOUT THE RISE OF ROBERTO JR., THERE'S NO AGE REQUIREMENT. HALF THESE KIDS ARE VAPING ON THE SIDE. THEY NEED TO THROW AWAY THAT VAPE GIVE THEM A LITTLE CAF NATION, WE WILL GET THEM HIGHER THAN THE INTERNATIONAL SPACE STATION, THAT'S WHAT WE NEED TO DO, I'M HERE TRYING TO FIND SOLUTION, THE SOLUTION IS CAST BREW COIFLT. AS A MATTER OF FACT, BROUGHT THESE ROSES AS A SYMBOL OF MY LOVE FOR THE COUNCIL, I TAKE THESE ROSES AND I GIVE THEM TO EACHF YOU AS A SYMBOL OF MY LOVE, MAYOR MUNS, BECAUSE KIDS FROM A ROSE, SEAL SAID IT BEST, I LOVE YOU ALL, LET'S HELP THESE CHILDREN, AFTER THE MASTECTOMIES THEY GET TIRED, A LITTLE CUP, A LITTLE ESPRESSO, CAST BREW COFFEE WILL SOLVE THAT PROBLEM. THANK YOU. >> Mayor Muns: ITEMS FOR INDIVIDUAL CONSIDERATION? >> City Clerk: WE NEED TO DO CONSENT FIRST. SA. >> THE SAFETY AND WELL-BEING OF OUR COMMUNITY IS ALWAYS OF UPMOST IMPORTANCE WHICH IS WHY I THINK WE RECOGNIZE THAT MAY IS MENTAL HEALTH AWARENESS MONTH, TOMORROW IS THE SECOND ANNUAL NATIONAL FENTANYL AWARENESS DAY. NATIONAL FENTANYL AWARENESS DAY IS AN ACTION AIMED TO RAISE AWARENESS ABOUT A PROBLEM, PEOPLE ARE DYING AT ALARMING RATES DUE TO ILLICITLY MANUFACTURED FENTANYL, A SIN THREATIC OPIOID. WE WANT TO DO OUR PART TO RAISE AWARENESS ABOUT AN URGENT PROBLEM. HELP SPREAD THE WORD AND SAVE LIVES. FIRST, KNOW THE FACTS, HERE ARE SIX KEY FACTS YOU NEED TO KNOW ABOUT THIS CRISIS. ILLICIT FENTANYL IS BEING USED TO MAKE FAKE PRESCRIPTION PILLS AND IS FOUND IN COMMON STREET DRUGS LIKE COCAINE AND HEROIN, OFTEN CONSUMED UNKNOWINGLY BY USERS, FENTANYL IS DRIVING THE RECENT INCREASE IN US OVERDOSE DEATH. FAKE PILLS HAVE BEEN FOUND IN ALL 50 STATE, ASSUME ANY PRESCRIPTION PILL YOU SEE ONLINE IS FAKE, INCLUDING OXY PERCOCET XANAX. FASTEST GROWING AMONGST YOUTH, FENTANYL IS INVOLVED IN MORE AMERICAN YOUTH DEATHS THAN HEROIN, METH, COCAINE, B BENZOS. HEART DISEASE, CANCER, HOMICIDE, SUICIDE, AND ALL OTHER ACCIDENTS. SECONDLY, PLEASE HELP SPREAD THE WORD, THERE'S SEVERAL WAYS INDIVIDUALS AND ORGANIZATIONS CAN INCREASE AWARENESS AND HELP SAVE LIVES. TALK TO YOUR LOVED ONES, KNOW THE SIGNS OF AN OVERDOSE. LOCATE NARCAN NEAR YOU AND LEARN HOW TO ADMINISTER IT. AND POST ABOUT THIS ISSUE ONLINE. LASTLY, NATIONAL FENTANYL AWARENESS DAY WAS FOUND BID PARENTS WHO HAVE LOST LOVED ONES TO THIS CRISIS. THIS INCLUDES PREOUS LIVES LOST RIGHT HERE IN THIS CITY. I'D LIKE TO READ A SHORT STATEMENT FROM THE PARENTS OF SIENA VAUGHN. TOMORROW MAY 9th IS NATIONAL FENTANYL AWARENESS DAY, A DAY DEDICATED TO RAISING AWARENESS ABOUT THE DANGERS OF FENTANYL. FENTANYL HAS BECOME A MAIN CONTRIBUTOR TO OVERDOSE DEATHS ACROSS THE US AND THE GOAL OF NATIONAL FENTANYL AWARENESS DAY IS TO ENCOURAGE EDUCATION, PREVENTION ANDREATMENT EFFORTS TO COMBAT THIS CRISIS. THE DAY ALSO AIMS TO REDUCE THE STIGMA ASSOCIATED WITH SUBSTANCE ABUSE DISORDERS AND TO PROMOTE SUPPORT FOR THOSE AFFECTED BY ADDICTION. FENTANYL CONTINUES TO BE A PROBLEM IN THE NORTH TEXAS COMMUNITY AND NOBODY IS IMMUNE TO THIS POISON. WE TALK TO OUR KIDS ABOUT DRUGS, AND EVEN FENTANYL, BUT WE WEREN'T AWARE THAT IT WAS BEING SOLD IN OUR SCHOOLS AS PERCOCET. THERE'S SO MANY STRESSES ON OUR CHILDREN THESE DAYS AND IT'S EASY TO UNDERSTAND WHY THEY MIGHT WANT TO FORGET ABOUT THEIR TROUBLES F A BRIEF PERIOD OF TIME. UNFORTUNATELY, OUR DAUGHTER, SIENA, MADE THIS MISTAKE AND DIED IN HER BEDROOM WHILE WE WER JUST A FEW FEET AWAY. SHE DIDN'T GET TO LEARN FROM THIS EXPERIENCE. WE DON'T WANT TO SEE THAT HAPPEN TO OTHER FAMILIES IN PLANO. SO WE ARE SHARING ORE STORY. HER STORY, OUR ASK OF COMMUNITY LEADERS IS TO TAKE EVERY OPPORTUNITY TO INFORM THE CITIZENRY OF THIS THREAT, HAVE OPEN, HONEST CONVERSATIONS, WITH CHILDREN, AND LOOK FOR MORE WAYS TO PROVIDE RESOURCES FOR THOSE WHO ARE STRUGGLING WITH ADDICTION. PLEASE, HONOR SIENA BY SHARING HER STORY IN ORDER TO SAVE OTHER LIVES, SIGNED BRYAN AND SIENA -- EXCUSE ME, SIGNED BRIAN AND STEPHANIE VAUGHN. >> Mayor Muns: THANK YOU, COUNCILMEMBER HOLMER. WE APPRECIATE THAT. WE CONTINUE TO DO EVERYTHING WE CAN TO PREVENT THESE OVERDOSES CERTAINLY IN OUR CITY. LET'S MOVE ON TO THE CONSENT AGENDA. >> THE CON GENT AGENDA WILL BE ACTED UPON IN ONE MOTION AND CONTAINS ITEMS WHICH ARE ROUTINE AND TYPICALLY NONCONTROVERSIAL, ITEMS MAY BE REMOVED FROM THIS AGENDA FOR INDIVIDUAL CONSIDERATION. THE PRESIDING OFFICER WILL ESTABLISH TIME LIMITS BASED UPON THE NUMBER OF SPEAKER REQUESTS. >> Grady: MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED. >> SECOND. >> Mayor Muns: I HAVE A MOTION AND A SECOND TO APPROVE THE CONSENT AGENDA. PLEASE VOTE. MOTION PASSES 8-0. THANK YOU. NEXT ITEM? >> City Clerk: ITEM NUMBER ONE, CONSIDERATION OF RFP NO 2023-0164-B, FOR HOBLITZELLE PARK TRAIL EXTENSION AT HEDGCOXE ROAD PHASE II PROJECT NUMBER 6039.3 FOR THE PARKS AND RECREATION DEPARTMENT TO NORTH ROCK CONSTRUCTION LLC IN THE AMOUNTF $988,777 D AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. >> GOOD EVENING, COUNCIL, MY NAME IS RENE JORDAN, I'M THE PARKS MANAGER WITH PARKS AND RECREATION. ALL RIGHT. SO ORIENT YOU TO THIS PROJECT, THIS TRAIL SEGMENT IS THE DARK LINE SHOWN ON THIS MAP, WITH OUTSIDE OF HEDGCOXE, WEST OF ALMA. THIS PROJECT REPRESENTED IN GREEN ON THIS SLIDE IS SOMETHING REFERRED TO AS PHASE II, THE PORTION IN GRAY PHASE I IS ALREADY UNDERWAY. THIS TRAIL SEGMENT HAS BEEN PLANNED IN OUR PARK MASTER PLAN SINCE 1981, IN 1999, WHEN THE CITY EXPANDED HEDGE COAX ROAD, A PEDESTRIAN TUNNEL WAS SET UNDER THE ROAD TO ACCOMMODATE IT. IN THE EENLARGEMENT CIRCLE, YOU WILL SEE THE YELLOW SQUARES WHICH INDICATE CONNECTION POINTS BETWEEN THE CITIES OF ALLEN AND PLANO. THISROJECT ADDRESSES THE TRAIL GAP ON THE PLANO SIDE. ALLEN IS WORKING TO ADDRESS THE GAP ON THEIR SIDE FOR COMPLETE CONNECTION IN THE NEAR FUTURE. THEY PLAN TO ENTER INTO DESIGN CONTRACT OCTOBER 1. WE'D LIKE TO SHOW YOU A FEW RENDERINGS ON THIS PROJECT. THIS IS AN OVERHEAD VIEW OF THE TRAIL, BEHIND TWO PROPERTIES, ONE BEING VACANT AND ONE BEING DEVELOPED. HERE IS AND ON TRAIL VIEW ADJACENT TO UNDEVELOPED PROPERTY FACING NORTHWEST, AND FINALLY, HERE IS ANOTHER VIEW FACING SOUTHEAST NEAR ONE OF THE DELOPED PROPERTIES. HAPPY TO ANSWER ANY QUESTIONS ABOUT THIS PROJECT. >> Mayor Muns: THANK YOU. ANY QUESTIONS FOR STAFF? DO WE HAVE A SPEAKER? OKAY. >> City Clerk: WE DO. WARREN CASTILLO. >> WITH ALL DUE RESPECT TO YOU GUYS, HAVE I NO COMMENT. >> Mayor Muns: THANK YOU, WARREN. SO THIS IS AN ITEM FOR INDIVIDUAL CONSIDERATION JUST TO LET EVERYBODY KNOW. THE SCOPE OF THE PROJECT. BUT DO I HAVE A MOTION? >> Smith>> Smith : MOTION TO APPROVE AS PRESENTED. >> Mayor Muns: THANK YOU, I HAVE A MOTION AND A SECOND TO APPROVE AGENDA ITEM 1. PLEASE VOTE. MOTION PASSES 8-0. BEFORE WE SAY GOOD-BYE, ONE OF OUR COUNCILMEMBERS HAS BEEN A LOYAL COMMITTED COUNCILMEMBER FOR 8 YEARS. >> WHO? WHO IS THAT? [ LAUGHTER ] >> Mayor Muns: HE'S ON HIS WAY TO BE COMMITTED. >> Smith : HE'S WORKING ON IT. >> Mayor Muns: WE HAVE A LOT OF CELEBRATIONS UPCOMING, BUT TONIGHT WE WANT TO SAY THANK YOU SO MUCH FOR EVERYTHING YOU'VE DONE FOR PLANO, FOR THIS CITY, AS, YOU KNOW, A LEADER IN OUR COMMUNITY, AND WE WANT TO MAKE SURE THAT RICK GETS HIS WAY. SO WE CAME UP WITH A GRADY WAY. [ LAUGHTER ] [ APPLAUSE ] [ INDISTINCT CHATTER ] >> IS THAT GOING TO BE PLACED ON A DEAD END STREET. >> WE FIGURED A HALLWAY BETWEEN YOUR OFFICE AND YOUR BEDROOM. >> Mayor Muns: LOOK AT THAT. >> Ricciardelli: ARE WE ALL GETTING IN THIS? OH OKAY. >> I'LL TAKE A PICTURE, YOU GET IN. >> Mor Muns: I'LL JUST STAND RIGHT OVER HIM. [ INDISTINCT CHATTER ] >> THERE'S A REAL CAMERA OVER THERE. EVERYBODY GET IN. [ INDISTINCT CHATTER ] YES. IT'S ACTUALLY A REAL SIGN. UH-HUH. ARE WE FINISHED? OKAY. [ INDISTNCT CHATTER ] >> Mayor Muns: THERE BEING NO FURTHER BUSINESS, WE ARE ADJOURNED. 1