>> I NOW DECLARE THAT ALL COUNCIL MEMBERS ARE PRESENT WITH THE EXCEPTION OF COUNCILMEMBER RICIARDELLI. OUR FIRST ITEM ON THE PRELIMINARY AGENDA IS CONSIDERATION AND ACTION RESULTING FROM EXECUTIVE SESSION. ITEM A, BOARD OF ADJUSTMENT. >> THERE WILL BE NO NEW REAPPOINTMENTS AT THIS TIME. THERE WILL BE FOUR VACANCIES. >> OKAY. I NEED A MOTION AND A SECOND. >> SO MOVE. I'LL SECOND YOU. >> I'LL MAKE THAT MOTION THAT THERE WILL BE FOUR VACANCIES ON BOARD OF ADJUSTMENTS. >> SECOND. SXWLOO I HAVE A MOTION AND A SECOND. PLEASE RAISE YOUR HAND. ALL IN FAVOR. THANK YOU. NEXT COMMISSION IS BUILDING STANDARDS COMMISSION. >> I MOVE TO REAPPOINT BONN ALALI, ALEXANDRIA CHOI, BRIAN KILABREW, LEAVING ONE VACANCY. >> I SECOND. >> YOU VOTED. >> I SECOND. I HAVE A MOTION AND A SECOND. WITH THE APPOINTMENTS JUST GIVEN BY COUNCILMAN WILLIAMS, ALL IN FAVOR PLEASE RAISE YOUR HAND. NEXT ITEM IS PERSONNEL RECOMMENDATIONS REAPPOINTMENTS, EXCUSE ME, LIBRARY ADVISORY BO BOARD. >> MAYOR, WE WOULD LIKEO REAPPOINT BETSY CHEN, KUMAR, AND MICHAEL TAN LEAVING ZERO VACANCIES. >> SECOND. >> THANK YOU, ADAM. I HAVE A MOTION AND A SECOND TO APPOINT THE SAID INDIVIDUALS BY COUNCILMAN WILLIAMS. ALL IN FAVOR PLEASE RAISE YOUR HAND. MOTION CARRIES. THANK YOU. NEXT ITEM, CONSIDERATION OF 2023 COUNCIL MEETING DATES. >> MAYOR AND COUNCIL, IN YOUR PACKAGYOU HAD A CALENDAR THAT SHOWS THE PROPOSED MEETING DATES FOR THE 2023 CALENDAR YEAR. TYPICAL COUNCIL AGENDAS HAPPEN ON THE SECOND AND FOURTH MONDAYS. WE HAD EVALUATED ALL THE DIFFERENT CONFLICTS AND LOOKED AT EVERYTHING THAT WAS NEEDED TO MOVE. WE HAVE THREE CHANGES. THE MONDAY, MARCH 27th, MEETING WILL BE IN CONFLICT WITH NATIONAL LEAGUE OF CITIES, AND WREM CHANGING THAT TO THE PREVIOUS TUESDAY, MARCH 21st. ON MONDAY, SEPTEMBER 25th, IN CONFLICT WITH ROM KIPPUR. THEN MONDAY, DECEMBER 25th, IT'S A WINTER HOLIDAY, RECOMMEND RESCHEDULE TO TUESDAY, DECEMBER 19th. IF COUNCIL AGREES WITH THAT, WE'LL MAKE THOSE CHANGES. >> THANK YOU, MAYOR. JUST A QUICK COMMENT IN REVIEWING THE HOLIDAYS THAT WERE REVIEWED, I NOTICE THAT THE BEGINNING OF RAMADAN ARE ON THERE. DIDN'T SEE EDAL AND I LOOKED IT UP. IT DOESN'T CONFLICT WITH THE MEETING NEXT YEAR, BUT IT MAY BE SOMETHING TO ADD TO FUTURE LISTS. ALSO, NOTICE THAT EASTER IS NOT ON THERE, THOUGH I ASSUME THAT'S JUST BECAUSE IT'S A SUNDAY, SO IT COULD NEVER CONFLICT. >> THAT'S CORRECT. >> THANK YOU. >> IT DOESN'T REQUIRE A VOTE, BUT JUST FOR YOUR INFORMATION AND JUST GET YOUR CALENDARS OUT. ALL RIGHT. NEXT ITEM, FINDING FORMS TRAINING. MS. DAY. >> GOOD EVENING. I'M CHRISTINA DAY, DIRECTOR OF PLANNING, AND I HAVE SOME INFORMATION FOR YOU THIS EVENING ABOUT FINDINGS FORMS. THESE ARE FORMS THAT WE HAVE CREATED BEDN THE FINDINGS POLICY THAT WAS ADOPTED BY CITY COUNCIL. I WILL BE TALKING BIT ABOUT THE BACKGROUND AND SOME KIND OF PRACTICAL ITEMS, AND THEN OUR CITY SECRETARY, LISA HENDERSON, IS GOING TO WALK YOU THROUGH THE TECHNICAL SIDE OF THE FORM BECAUSE THEY ARE IN ELECTRONIC FORMAT. THE FINDINGS POLICY WAS ADOPTED TEMPERATURE 22nd BY CITY COUNCIL. IT DOES REQUIRE A JUSTIFICATION FOR ZONING CASES THAT EXCEED CERTAIN ELEMENTS IN THE CITY'S COMPREHENSIVE PLAN, SPECIFICALLY IN THE FUTURE LAND USE DASHBOARDS. THE INTENT BEHIND THIS POLICY WAS TO PROVIDE GREATER TRANSPARENCY AND LAND USE DECISIONS ANSWERING QUESTIONS LIKE WHY IS THIS BENEFICIAL TO IMMEDIATE NEIGHBORS, DOES IT BENEFIT THE SURROUNDING COMMUNITY, AND HOW DOES IT SERVE THE GENERAL PUBLIC INTEREST? SO THIS IS THE POLICY WITHIN THE COMPREHENSIVE PLAN, THE REDEVELOPMENT AND GROWTH MANAGEMENT POLICY, ACTION ONE. IT STATES THAT REQUESTS THAT DO NOT CONFORM TO THE DASHBOARD'S MIX OF USES, DENSITY, AND BUILDING HEIGHTS ARE DISFAVORED. BUT IT ALSO STATES THAT PROPOSALS MAY BE OCCASIONALLY APPROVED AND IT LISTS SOME GUIDANCE THERE FOR WHAT IT BELIEVES ARE APPROPRIATE TIMES. THINGS THAT ARE FOUND CONSISTENT WITH THE GUIDING PRINCIPLES BENEFICIAL TO NEIGHBORS, THE SURROUNDING COMMUNITY, AND THE GENERAL PUBLIC INTEREST CREFULLY DELIBERATED AND, AIN, JUSTIFIED BY FINDINGS. THAT IS WHAT WE HAVE WORKED TO CREATE. THE PROCEDURE, AGAIN, IT'S USED ONLY WHEN SUCH A ZONING CASE IS APPROVED, SO NOT EVERY ZONING CASE WILL NEED THIS BECAUSE IT MAY MEET THE COMPREHENSIVE PLAN OUTRIGHT, AND, THEREFORE, NO FINDINGS ARE REQUIRED. SAMPLE FINDINGS FORMS ARE PLACED IN PACKETS IN THE COUNCIL'S PACKET AS WELL AS P & Z PACKETS THAT ALLOWS FOR TRANSPARENCY. THE PUBLIC CAN SEE WHAT'S BEING CONSIDERED AS WELL PRARATION FOTHE ELECTED AND APPOINTED OFFICIALS. GUIDING PRINCIPLES HAVE BEEN INCORPORATED INTO THESE FORMS SINCE THAT'S AN IMPORTANT ELEMENT. WE'VE INCLUDED THOSE AS PART OF THE FORM AS A REFERENCE. ALSO, ALL VOTING MEMBERS WILL COMPLETE A FORM, WHETHER YOU ARE VOTING FOR OR AGAINST AN ITEM. IF IT DOES MOVE FORWARD AND REQUIRE THE FORMS, EVERYONE GETS THE OPPORTUNITY TO COMPLETE A FORM. SO THEY ARE COMPLETED ELECTRONICALLY, AND THEY'LL BE DONE IMMEDIATELY FOLLOWING THE VOTE AS PART OF THE AGENDA ITEM. THAT'S SOMETHING YOU GET TO TAKE CARE OF DURING THE MEETING, AND THEY INCLUDE A SIGNATURE. IT'S AN ELECTRONIC SIGNATURE, A DATE, AND A TIME STAMP ON THE FORM SO THAT, AGAIN, THAT TRANSPARENCY, YOU CAN SEE WHOSE OPINION IT IS AND IF IT WAS COMPLETED TIMELY. WITH THE NEXT MEENG YOU'LL SEE THAT RESULT AS PART OF THAT ZONING CASE. THERE ARE TWO SEPARATE FORMS. ONE IN SUPPORT AND THOSE THAT HAVE VOTED IN OPPOSITION. THAT'S TO REALLY HELP US TRACK VERY SPECIFICALLY WITH THAT GUIDANCE FROM THE COMPREHENSIVE PLAN SO YOU'LL SEE THE FORM HAS -- IT REALLY MIRRORS THE COMPREHENSIVE PLAN'S LANGUAGE. IT SAYS CONSISTENT WITH THE GUIDING PRINCIPLES. YOU SEE CONSISTENT WITH THE GUIDING PRINCIPLES. SUBSTANTIALLY BENEFICIAL TO IMMEDIATE NEIGHBORS, THE SURROUNDING COMMUNITY, GENERAL PUBLIC INTERE. THAT LANGUAGE IS THERE. THEN THERE ARE ALSO OPPORTUNITIES FOR POLICY ANALYSIS FROM THE STAFF REPORT THAT EITHER SUPPORT OR IN OPPOSITION THOSE POLICIES HAVE BEEN PREPOPULATED. HOWEVER, YOU HAVE THE OPPORTUNITY TO REFERENCE OTHER POLICY DOCUMENTS IF YOU FEEL SO MOVED. THEN THERE IS THE SIGNATURE END DATE. THIS IS P OPPOSITION FORM. IT LOOKS VERY SIMILAR. HOWEVER, BECAUSE THE GUIDANCE IS A LITTLE MORE -- A LITTLE LESS SPECIFIC BECAUSE IT'S BASICALLY ALIGNED WITH THE COMPREHENSIVE PLAN THIS VOTE, THERE ARE MORE OPTIONS. YOU SEE THERE'S CHECK BOXES. YOU CAN SELECT ANY OF THOSE OPTION THAT IS YOU FEEL ARE APPROPRIATE. WITH THAT I WILL TURN IT OVER TO MS. HERPD SON TO SHOW YOU THE ELECTRONIC SYSTEM. >> GOOD EVENING. EARLIER TODAY I GOT THIS OUT FOR YOU ALL WITH A LINK TO THE FORM, AND SO I'M JUST GOING TO ASK YOU TO FIND THAT LINK IN YOUR EMAIL. IT'S ABOUT 2:30 THIS AFTERNOON IF THAT HELPS YOU FIND IT. THEN WE'LL WALK THROUGH A SAMPLE OF THE PROCESS. ARE WE PRETTY CLOSE? OKAY. ALSO AT YOUR PLACE I DID PUT THE INSTRUCTIONS ALONG WITH YOUR PASS WORD FOR THIS OR YOU REMEMBER AUTHORIZATION NUMBER. THE FIRST THING YOU'LL DO IS UNDER MEMBER NAME YOU'LL GO DOWN AND SELECT YOUR NAME ON THAT LIST. I'M GOING TO USE MARK'S NAME AS A TEST. SO IF YOU JUST WANT TO SELEC YOUR NAME, AND THEN ENTER THAT CODE THAT I HAVE PROVIDED YOU EARLIER. THE ZONING CASE WILL AUTOMATICALLY POPULATE FOR YOU AS WELL AS THE MEETING ID NUMBER. THEN WE'LL MOVE DOWN TO THE NEXT SECTION, WHICH IS HOW YOU PUT YOUR VOTE IN. SO IF YOU SUPPORTED THE ITEM, YOU'LL CLICK SUPPORT. IF YOU OPPOSED IT, YOU'LL CLICK OPPOSE. FOR THIS TEST YOU CAN DO EITHER ONE.pJUST WHATEVER YOU WOULD LI SEE. I'M GOING TO GO AHEAD AND HIT SUP SUPPORT. WITH THAT THEN ALL OF MY OPTIONS SHOW UP. IF YOU HIT OPPOSE, A DIFFERENT SET OF OPTIONS WILL SHOW UP. I'LL DO THAT JUST QUICKLY HERE FOR YOU. THERE'S A DIFFERENT SET OF OPTIONS THERE. THEN YOU'LL GO THROUGH IF YOU HIT SUPPORT, AS CHRISTINA SAID, YOU NEED TO FILL IN EACH OF THESE BOXES WITH WHATEVER YOU WOULD LIKE. I'M JUST GOING TO PUT TEST IN ALL OF THEM JUST BECAUSE WE'RE GOING TO PUT SOMETHING IN. THEN YOU CAN SELECT THE POLICIES THAT APPLY TO IT. THE GREAT THING ABOUT THIS FORM IS YOU CAN SEE THE POLICY. IF YOU WANT TO CONFIRM THAT THIS IS SOMETHING THAT YOU REALLY WANT TO CHECK, YOU CAN CLICK ON THAT, AND IT WILL BRING YOU DIRECTLY TO THE POLICY. YOU CAN THEN REFER TO ANYTHING YOU NEED TO THERE. WHEN YOU ARE DONE, YOU SIMPLY CLOSE IT, AND YOU ARE BACK TO YOUR FORM. IF YOU HAVE ANY ADDITIONAL COMMENTS, YOU'LL PUT THAT IN THE FINAL SECTION, SECTION NUMBER FOUR. JUST REMEMBER, EVERYTHING YOU DO PUT ON THIS FORM IS PUBLIC INFORMATION. GO AHEAD AND PUT TEST AGAIN, AND THEN IT'S TIME TO SIGN IT. ONCE YOU SIGN AND CLICK SUBMIT, YOU CANNOT CHAN IT. UBLE-CHECK ALL YOUR ENTRIES PRIOR TO SIGNING, AND THEN YOU HAVE TWO OPTIONS. YOU CAN TYPE YOUR NAME, OR IF YOU WANT TO DRAW YOUR NAME, YOU CAN USE YOUR MOUSE OR YOUR FINGER DEPENDING ON IF YOU HAVE A TOUCH SCREEN OR A MOUSE WITH YOU. I'M GOING TO TYPE BECAUSE YOU CANNOT READ WHAT I HAD. ONCE YOU CLICK SIGN, IT WILL SIGN THE FORM FOR YOU, AND THEN WHEN YOU HIT SUBMIT, IT AUTOMATICALLY TIME STAMPS AND DATES YOUR FORM. THAT IS ALL IT TAKES TO COMPLETE THE FINDINGS FORM. IT'S REALLY PRETTY EASY. IF YOU WANT TO TEST AGAIN, JUST LET ME KNOW, AND I CAN GET SOMETHING SET UP FOR YOU AND JUST EMAIL IT OUT, AND YOU CAN PRACTICE ON YOUR OWN. THIS IS ONLY FILLED OUT WHEN YOU VOTE FOR SOMETHING INSTEAD OF AGREEING LIKE THE APPEAL TONIGHT. IF YOU GRA HE WITH THE APPEAL, YOU WON'T FILL THIS OUT. IF YOU DO NOT AGREE WITH THE APPEAL, THEN YOU WILL. SO YOU'LL SEND US THIS LINK EVERY TIME? >> WE WILL GET IT SAVED TO YOUR LAPTOP OR YOUR DEVICE. WE JUST DIDN'T HAVE TIME TODAY TO DO THAT FOR YOU. ARE THERE ANY OTHER QUESTIONS? >> THANK YOU, LISA. >> YOU ARE WELCOME. >> ANY QUESTIONS? NOBODY IS GOING TO RAISE THEIR HAND, ARE THEY? >> CONSENT AND REGULAR AGENDAS. ANY ITEM COUNCILMEMBER WOULD LIKE TO REMOVE? >> I WOULD LIKE TO REMOVE ITEMS T AND V. T I'LL BE RECUSING MYSELF. >> T AND V? >> T AND V, YES. T AND V AS IN VICTOR, YES. >> AND THEN WE DID HAVE A CITIZEN FOR Z. >> FOR WHICH ONE? >> Z AS IN ZEBRA. >> OKAY. THANK YOU. ALL RIGHT. COUNCIL ITEMS FOR DISCUSSION OR FUTURE AGENDAS? WITH THAT BEING SAID, WE'LL TAKE A RECESS AND RETURN AT 7:00. THANK YOU. [RECESS] [6:48 P.M. CST] I NOW DECLARE THE PLANO CITY COUNCIL IS RECONVENED AND IN SESSION AND ALL MEMBERS ARE PRESENT. WE BEGIN TONIGHT'S REGULAR MEETING WITH THE INVOCATION LED WITH MATT GASTON, LEAD PASTOR WITH FIRST UNITED METHOD DIS CHURCH PLANO IN T MREBLG OF ALLEGIANCE AND TEXAS PLEDGE BY CONGRESSMAN RICK GRADY. PLEASE STAND. >> MAYOR, MUNS, MEMBERS OF THE COUNCIL, DEAR GOD, CREATOR OF US ALL, WE YOU THANK YOU FOR THIS DAY, AND THE PRIVILEGE THAT IT IS TO WORK IN THE FIELD FOR YOUR PEOPLE'S SAKE. BE MINDFUL, OH GOD, THAT WE SERVE YOU AND SEEK TO DO YOUR WILL FOR ALL PERSONS. MAY WE REMEMBER THAT ALL THAT WE DO, WE DO IN LE SO WHEN WE BRING FORWARD A PROPOSAL, WHEN WE BRING FORWARD A PROTEST, WHEN WE BRING FORWARD A WORD OF AFFIRMATION, THAT WE ALWAYS ASK THE QUESTION, IS THIS THE LOVING THING TO DO? AS WE THINK, AS WE SPEAK, AS WE DISCUSS, AS WE DECIDE, MAY WE ALWAYS ASK, IS THIS THE LOVING THING TO DO? THIS I PRAY FOR ALL PRESENT BECAUSE THIS I PRAY IN THE NAME OF JESUS CHRIST, AMEN. >> FACING THE FLAG WE RECITE THESE. [PLEDGE OF ALLEGIANCE] [TEXAS PLEDGE] >> BE SEATED. >> FIRST PRESENTATION IS BATTLE OF THE BADGES TROPHY TO THE PLANO POLICE DEPARTMENT. I WOULD LIKE TO CALL UP CHIEF ED, THE REST OF THE POLICE OFFICERS, CHIEF CHRIS BIGGERSTAFF, PLANO FIRE DEPARTMENT, ROW TEARIANS, ALL THE ROTARIANS, AND CARTER BLOOD HERE, VICKIE LONG CONSULTANT. IF YOU ALL WOULD COME FORWARD. >> THANK YOU, MAYOR. THANK YOU, CITY COUNCIL MEMBERS, AND THANK YOU, CITIZENS OF PLANO. MY NAME IS DANIEL LONG, AND I'VE HAD THE PRIVILEGE OF BEING THE BLOOD DRIVE CHAIRMAN FOR DISTRICT 58-10 ROTARY FOR THE PAST 12 YEARS. WE HAVE BEEN DOING WHAT IS KNOWN AS THE BATTLE OF THE BADGES FOR THE LAST 18 YEARS. THESE PEOPLE AROUND ME UP HERE HAVE WORKED DILIGENTLY AND TO DO THAT THEY HAVE TO WORK VERY CLOSE WITH THIS FANTASTIC FIRE DEPARTMENT AND THIS GREAT POLICE DEPARTMENT. ED DRAIN IS NOT WITH US TONIGHT, BUT I KNOW HE WOULD BE REALLY THRILLED IF HE WERE HERE. WE'VE GOT HIS STAND-IN FOR US TONIGHT, AND WHAT'S YOUR NAME? >> DAN CURTIS, I'M ASSISTANT CHIEF. >> SEE? NOW WE HAVE ASSISTANT CHIEF UP HERE WITH US. AT THIS TIME I WOULD LIKE TO PRESENT THIS MICROPHONE TO MY WIFE TO TELL YOU A LITTLE BIT ABOUT CARTER. >> HELLO. MY NAME IS VICKIE LONG. I'M WITH CARTER BLOOD CARE. ON BEHALF OF CARTER BLOOD CARE AND THE PATIENTS WE SERVE, WE WOULD LIKE TO THANK CHIEF DRAIN AND CHIEF BIGGERSTAFF FOR THEIR TEAM'S CONTINUED SUPPORT FOR MAKING THIS YEAR'S BATTLE OF THE BADGES A HUGE SUCCESS. WE HAD 14 LOCATIONS PARTICIPATE, AND WE COLLECTED 30UNITOF BLOOD THAT POTENTIALLY SAVED 906 LIVES. THIS YEAR THE POLICE HAD 152 VOTES, AND THE FIRE DEPARTMENT HAD 144 VOTES. THE POLICE DEPARTMENT WAS REALLY CHALLENGED THIS YEAR, WINNING BY ONLY EIGHT VOTES. SO CONGRATULATIONS. [APP [APPLAUSE] >> THAT APPLAUSE IS FOR ALL OF THE PEOPLE THAT WORK FOR THE BATTLE OF THE BADGES. THEY'RE ALL HEROES EVERY DAY 24/7. THANK YOU ALL AND GOD BLESS YOU. [APP [APPLAUSE] >> WE ALSO CELEBRATE AMERICANS WITH DISABILITIES ACT DAY. 32nd ANNIVERSARY. WE HAVE A PROCLAMATION. WHEREAS THE AMERICANS WITH DISABILITIES ACT WAS ENACTED BY THE 101st UNITED STATES CONGRESS AND SIGNED INTO LAW JULY 26, 1990 BY PRESIDENT GEORGE H.W. BUSH, IN ORDER TO ESTABLISH A COMPREHENSIVE AND CLEAR PROHIBITION OF DISCRIMINATION ON THE BASIS OF DISABILITY. WHEREAS THE ADA GUARANTEES EQUAL OPPORTUNITIES FOR THOSE INDIVIDUALS WITH DISABILITIES BY COVERING PUBLIC ACCOMMODATION, STATE AND LOCAL GOVERNMENT SERVICES, AND TELECOMMUNICATIONS. WHEREAS, IN RECENT YEARS THE CITY OF PLANO HAS INVESTED NEARLY $20 MILLION ON NEW AND EXISTING PROJECTS TO IMPROVE ACCESSIBILITY IN PLANO IN THE WAY OF SUBSTANTIAL ENHANCEMENTS TO OUR TRAILS, SIDEWALKS, RAMPS, PLAYGROUNDS, CLOSED CAPTION SERVICES FOR CITY COUNCIL AND PLANNING AND ZONING MEETINGS, AND RENOVATION TO OUR COUNCIL CHAMBERS TO IMPROVE ACCESSIBILITY. RAZ WHEREAS THE CITY OF PLANO WAS RECENTLY NAMED THE BEST CITY IN TEXAS FOR PEOPLE WITH DISABILITIES BY WALLET HUB, WHEREAS THROUGHOUT THE YEAR AND ON THE A.D.A. ANNIVERSARY, THE CITY OF PLANO RECOGNIZES AND CELEBRATES THE 32nd ANNIVERSARY OF THIS LANDMARK EVENT AND THE IMPORTANT WORK OF PROMOTING EQUAL OPPORTUNITIES FOR PEOPLE WITH DISABILITIES. NOW, THEREFORE, I, JOHN B.MUNS, MAYOR OF THE CITY OF PLANO, TEXAS, DO HEREBY PROCLAIM JULY 26th, 2022, AS AMERICANS WITH DISABILITIES ACT DAY IN PLANO, CIZENS TO JOIN ME AND THE L PLANO CITY COUNCIL AS WE EMBRACE OUR DIVERSITY AND COMMIT OURSELVES TO PROVIDING PEOPLE OF ALL AGES WITH EQUAL ACCESS TO THE MANY WONDERFUL THINGS THE CITY OF EXCELLENCE HAS TO OFFER. THANK YOU VERY MUCH, AND CONGRATULATIONS AMERICANS WITH DISABILITIES ACT DAY. THANK YOU. WE'LL PASS THIS ON. [APPLAUSE] COMMENTS OF PUBLIC INTEREST? >> COMMENTS OF PUBLIC INTEREST. THIS PORTION OF THE MEETING IS TO ALLOW UP TO THREE MINUTES PER SPEAKER WITH 30 TOTAL MINUTES ON ITEMS OF INTEREST OR CONCERN AND NOT ON ITEMS THAT ARE ON THE CURRENT AGENDA. THE COUNCIL MAY NOT DISCUSS THESE ITEMS, BUT MAY RESPOND WITH FACTUAL OR POLICY INFORMATION. THE COUNCIL MAY CHOOSE TO PLACE THE ITEM ON A FUTURE AGENDA. JUST AS A REMINDER, PLEASE DO NOT TOUCH THE MICROPHONE OR YELL INTO IT WHEN YOU APPROACH THE PODIUM. WE DO HAVE SEVERAL SPEAKERS THIS EVENING. THE FIRST ONE IS BILL FRANCE. >> WELCOME BACK. MAYOR MUNS AND MEMBERS OF CITY COUNCIL, GOOD EVENING. MY NAME IS BILL FRANCE. I'M A 25-YEAR RESIDENT OF PLANO, AND TONIGHT I'M HERE REPRESENTING THE PLANO TEXAS NEIGHBORHOOD COALITION. WE ARE HERE TO ADDRESS THREE THINGS RARDING THE ISSUE OF SHORT-TERM RENTALS. FIRST, WE WISH TO THANK YOU. THE HONORABLE MAYOR, COUNCIL, AND DEDICATED CITY STAFF, FOR WORKING TIRELESSLY TO RESOLVE THE PROBLEMS THAT ARISE DUE TO THE -- WE APPLAUD YOUR EFFORTS AND RELY ON YOUR ACTIONS FOR RELIEF. SECOND, THE CITY HAS CLEARLY -- HAS RELINT PROPOSED A PROCESS TO REGISTER STRs IN PLANO. WE MUST BE CLEAR IN THIS WE DO NOWANT SHORT-TERM RENTALS IN OUR SINGLE FAMILY RESIDENTIAL NEIGHBORHOODS. I WOULD LIKE AT THIS TIME TO ASK FOR ALL OF OUR SUPPORTERS TO PLEASE STAND. IT IS IMPERATIVE THAT THE CITY DOES NOT MOVE FORWARD WITH THIS REGISTRATION PROCESS. WE NEED TO FIRST DEFINE IN A ZONING ORDINANCE WHICH AREAS WITHIN THE CITY IT'S LAWFUL AND UNLAWFUL TO OPERATE AN STR. IF YOU DO NOT DEFINE THESE ZONES FIRST, IT WILL RESTRICT YOUR ABILITY TO MAKE CRITICAL DECISIONS LATER. MAKE NO MISTAKE, WE WANT ACTION, BUT TAKING THE WRONG ACTION IS WORSE THAN TAKING NO ACTION AT ALL. REMEMBER, SEQUENCE MATTERS. WE IMPLORE YOU, ENACT RESTRICTIONS BEFORE REGISTRATIONS. LASTLY, WE HOLD THAT RESIDENT HOMEOWNERS OF PLANO HAVE PROPERTY RIGHTS TOO. WE HAVE SETTLED EXPECTATIONS. WE HAVE VESTED ZONING RIGHTS. COMMERCIAL LODGING BUSINESSES WERE NEVER ALLOWED WHEN WE BOUGHT OUR HOMES. WE MUST CONTINUE TO BE PROHIBITED TODAY. WE NEED RESTRICTIONS BEFORE REGISTRATION. LICENSING AND REGULATIONS ALONE CANNOT FIX THE ROOT CAUSE OF THE S.T.R. PROBLEM. AS OUR COALITION MEMBERS WILL ADDRESS TONIGHT, REGISTRATION WITHOUT EXPLICIT RESTRICTIONS ON WHERE S.T.R.s MAY LEGALLY OPERATE WILL NOT FIX THE LOSS OF SAFETY AND SECURITY, THE HALLOWING OUT OF OUR NEIGHBORHOODS AND SCHOOLS, THE NEGATIVE IMPACT ON THE VALUE OF OUR HOMES, AND THE IMPACT -- NEGATIVE IMPACT TO OUR LOCAL BUSINESSES WHERE, THANK YOU VERY MUCH FOR YOUR CONTINUED SUPPORT OF THE CITY AND FOR YOUR DEDICATED SERVICE TO THE CITIZENS OF PLANO. THANK YOU. >> THANK YOU. [APPLAUSE] >> THE NEXT SPEAKER IS GREG PA PATEO. >> LEANING ERR GOOD EVENING, MAYOR AND COUNCIL. MY NAME IS GREG. I HAVE LIVED IN THE GLEN MEADOWS NEIGHBORHOOD OF PLANO FOR ALMOST 29 YEARS. I'M LSO A PLANO BUSINESS OWNER. TONIGHT I WOULD LIKE TO SHARE WITH YOU SOME OF THE DATA AND FINDINGS OF THE SELF-INITIATED STUDY OF THE BUSINESS CASE AND ECONOMIC IMPACT OF NOT-OWNER OCCUPIED SHORT-TERM RENTALS IN PLANO NEIGHBORHOODS. AT THE CORE OF THE STUDY ARE TWO SIMPLE INDISPUTABLE TRUTHS FOR PLANO. FIRST, THESE TYPES OF S.T.R.s DISPLACE RESIDENTS AND FAMILIES WITH TRANSIENTS. SECOND, PLANO WAS DESIGNED, PLANNED, AND BUILT TO BE A CITY COMPRISE OF THE NEIGHBORHOODS AND BUSINESSES AND EXCEPT FOR HOTELS, VERY FEW BUSINESSES IN PLANO SPECIFICALLY TARGET TRANSIENTS OR THE TOURIST INDUSTRY NEXT, THERE ARE TWO FOUNDATIONAL FACTS. FIRST, FROM THE PLANO COMPREHENSIVE PLAN 2021 THERE ARE APPROXIMATELY 117,600 HOUSING UNITS IN PLANO. SECOND, THE LATEST DATA OBTAINED FROM USING A PAID SUBSCRIPTION TO ADNA SHOWS THERE ARE 600 NON-OWNER OCCUPIED S.T.R.s IN PLANO. CONSIDER THE IMPACT OF S.T.R.s ON EDUCATION, SPECIFICALLY PLANO ISD. SIMPLY DIVIDING THE REPORTED PISD ENROLLMENT OF 53,000 STUDENTS BY THE HOZING UNITS ENDS UP IN -- APPLYING THAT RATIO TO THE 631 S.T.R.s, IT'S 285 STUDENTS THAT HAVE BEEN ELIMINATED FROM PISD'S ENROLLMENT BY THE S.T.R.s. THE AVERAGE DAILY ATTENDANCE CALCULATION FOR TEXAS SCHOOLS 6,661. THE 285 STUDENTS ELIMINATED BY S.T.R.s RESULTED U RESULTS IN A PALESTI A MINIMUM LOSS OF $1.1 MILLION. THAT LOSS IS SIGNIFICANTLY HIGHER. ADDITIONALLY, THE STUDENT TO TEACHER RATIO FOR PISD, THOSE 285 STUDENTS ELIMINATED HAS RESULTED IN THE LOSS OF 20 TEACHER JOBS USE THE ANNUAL TEACHER SALARY OF $60,000. IT'S $1.2 MILLION FROM ANNUAL INCOME FROM THE ECONOMY JUST FROM LOST TEACHER JOBS. I'M ABLE TO PRESENT THE DETAILED DATA FOR PLANO BUSINESSES, BUT PRINCIPALLY, BASED ON 2.7 RESIDENTS PER HOUSING UNIT, THE 631 S.T.R.s HAVE ELIMINATED 1,700 RESIDENTS FROM THE PLANO MARKETPLACE. WITH THAT DETAIL IT'S INTUITIVE TO ENVISION A OUTCOME. OVER THE NEXT WEEKS AND MONTHS MY PLAN IS TO PROENT E PRESENT THESE FINDINGS AND DATA IN MORE DETAIL TO THE PLANO CHAMBER OF COMMERCE, PISD, AND TEXAS AFT UNITED. GIVEN THAT, I RESPECTFULLY REQUEST THAT YOU SUCCSPEND OR REVERSE THE DECISION TO REGISTER S.T.R.s. I BELIEVE IT'S A REASONABLE REQUEST THAT THE MAYOR AND COUNCIL AND RESIDENTS OF PLANO BUSINESS OWNERS OF PLANO SOME TRANSPARENCY AND ACCOUNTABILITY AS TO WHY YOU ARE MOVING TO QUICKLY TO EXPEND CITY RESOURCES TO IMPLEMENT A PROGRAM THAT HUR BUSINESSES AND IS IN DIRECT CONFLICT WITH THE PLANO COMPREHENSIVE PLAN 2021. THANK YOU. [APPLAUSE] >> THE NEXT SPEAKER IS ARN PAR PARKER. >> GOOD EVENING. CITY COUNCIL MEMBERS, MAYOR MUNS. I'M HERE TODAY BECAUSE I NEED YOUR HELP. THERE'S NOBODY ELSE IN THIS ROOM THAT CAN HELP ME, BUT IT'S YOU FOLKS, AND I'M REACHING OUT TO YOU, SO HERE WE GO. MY NAME IS ARN PARKER. MY WIFE AND I ARE HOMEOWNERS IN PLANO. I'M A 22-YEAR RETIRED VETERAN OF THE UNITED STATES AIR FORCE. MY MILITARY EXPERIENCE HAS TAUGHT ME MANY THINGS, INCLUDING THE VALUE OF FAIR PLAY AND FOLLOWING THE RULES. WHEN MY WIFE AND I BOUGHT OUR HOME EIGHT YEARS AGO, OUR NEIGHBORHOOD WAS ZONED SINGLE FAMILY RESIDENTIAL. AS FAR AS I CAN TELL, THAT ZONING HAS NOT CHANGED. YET, TODAY WE FIND OURSELVES LIVING NEXT DOOR TO A COMMERCIAL HOTEL. THAT'S BECAUSE THE HOUSE NEXT DOOR TO US IS A SHORT-TERM RENTAL, AND BY THE CITY'S OWN DEFINITION, THIS IS A HOTEL. IN FACT, THE CITY COLLECTS HOTEL TAXES AND LODGING SERVICES PROVIDED BY THIS PROPERTY. HOWEVER, SAYS THIS HOTEL IS OPERATING IN A SINGLE FAMILY RESIDENTIAL DISTRICT, AND OPERATING A HOTEL/MOTEL IS PROHIBITED IN ALL RESIDENTIAL DISTRICTS IN PLANO ACCORDING TO THE CITY'S ZONING ORDINANCE. AS LISTED IN TABLE -- THE USE TABLE IN ARTICLE 14. LIKE OTHERS WHO HAVE SPOKEN PREVIOUSLY, THIS HOTEL HAS AFFECTED OUR HEALTH, OUR SAFETY, AND OUR QUALITY OF LIFE. TODAY I WANT TO TALK TO YOU ABOUT THE IMPACT OF THE FINANCIAL VALUE OF OUR HOME. WHEN THE DAY COMES THAT WE WANT TO SELL OUR HOME, WHO WILL WANT TO BUY OUR HOME? WHAT FAMILY KNOWINGLY WOULD BUY OUR HOME NEXT TO A TRANSIENT HOTEL? THE ANSWER IS NOBODY. NO ONE. NO ONE WILL WANT TO BUYUR HOUSE. NO ONE EXCEPT ANOTHER INVESTOR WHO WANTS TO PUT IN ANOTHER HOTEL. BECAUSE NO ONE WILL WANT TO BUY OUR HOME, HOW MUCH OF A DISCOUNT WILL WE HAVE TO SELL OUR HOUSE FOR? IS IT 20%? IS IT 30%? IS IT 50%? I DON'T KNOW. BUT I DO KNOW THIS: AT THIS VERY MOMENT AS I STAND HERE BEFORE YOU, OUR HOUSE, OUR LARGEST ASSET, IS WORTH LESS THAN MARKET VALUE BECAUSE THE HOUSE NEXT DOOR TO US IS A SHORT-TERM RENTAL PROPERTY. A HOTE PROHIBITED -- WHICH IS PROHIBITED IN THE RESIDENTIAL DISTRICT. IT'S NOT JUST OUR HOME. FOR EVERY SHORT-TERM RENTAL -- EVERY RENTAL IN PLANO, FOUR HOMES SURROUNDING IT ARE IMPACTED FINANCIALLY. THAT'S THOUSANDS OF PLANO HOMEOWNERS WHO PAY TAXES AND PLAY ABOUT THE I RULES, WHOSE PROPERTY VAULGZ ARE BEING DAMAGED BY THE CITY OF PLANO, NOT ENFORCING THE ZONING RULES. OUR HOME IS ZONED SINGLE FAMILY DISTRICT. THE HOUSE NEXT TO US IS ALSO ZONED SINGLE FAMILY RESIDENTIAL DISTRICT. IT CANNOT BE USED AS A HOTEL. WE EXPECT THE CITY TO PUT AN END TO THIS PROHIBITED ACTIVITY. FOR EVERY DAY YOU DON'T, OUR PROPERTY VALUE DECLINES, AND OUR PROPERTY RIGHTS ARE DAMAGED. I HOPE YOU UNDERSTAND WHERE I'M COMING FROM. THANK YOU FOR LISTENING TO WHAT I HAVE TO SAY. >> THANK YOU. [APP [APPLAUSE] >> NELSON LOCK. >> HI, EVERYBODY. MY NAME IS NELSON LOCK. IN 7DZ MI FAMILY PURCHASED A SINGLE FAMILY HOME IN PRESTON MEADOW NORTH SPECIFICALLY BECAUSE IT WAS IN A SINGLE FAMILY RESIDENTIAL AREA. WE FIRST ENCOUNTERED SHORT-TERM RENTAL AND BOARDING HOUSE ISSUES IN 2019. I USE THE WORD BOARDING HOUSE AND ROOMING HOUSE AND SHORT-TERM RENTAL INTERCHANGEABLY. THAT'S THE WAY MY LAW DICTIONARY SEEMS TO READ. THE SUBJECT PROPERTY IN MY CASE IS BEHIND MY HOUSE. THHOMES A SINGLE FAMILY CUPIED RESIDENTS, THERE WERE NO ISSUES OF ANY KIND EVER. WHEN THE PRESENT OWNERS ACQUIRED THE HOME IN 2019 AND CONVERTED IT TO A ROOMING HOUSE, BOTH THE CONDITION OF THE PROPERTY AND THE NEIGHBORHOOD SERENITY DECLINED ALMOST IMMEDIATELY. IN 2020 TENANT IMPACT INCREASED TO INCLUDE EXCESSIVE NOISE, TRASH, DRUG USE, AND PARKING VIOLATIONS. IN 2021 THE TENENT CONDUCT ESCALATED TO INCLUDE TRESPASS. IN 2022 TRESPASSES ESCALATED A POINT SO EGREOUS, INCLUDING VOYEURISM VIA A DRONE, THAT IT'S SO HARD FOR ME TO DESCRIBE THE AFFECTS THAT'S HAD ON MYSELF AND MY FAMILY. WE FILED POLICE REPORTS, AND WE COMPLAINED TO THE CITY. THE POLICE POINTED UNDER THE CIRCUMSTANCES TO THE CITY AS OUR REMEDY. WHEN CONTACTED, THE CITY FAILED TO ACT. THE CITY RESPONDED WITH DEFENSIVE CONSTITUTIONAL ARGUMENTS REGARDING WHAT SHOULD HAVE BEEN A SIMPLE ZONING ENFORCEMENT MATTER. WITHOUT OTHER REMEDY, I FILED A CIVIL SUIT IN THE PLANO COURTS, NAMING THE PROPERTY OWNER AS THE DEFENDANT FOR ALLOWING THE MULTIPLE CIVIL TORTS THAT AFFECTED OUR RESIDENTS. HIS POSITION IS THAT THE CITY, THAT HIS CLIENT, HAS A RIGHT TO USE HIS PROPERTY AS HE SEES FIT. ENCOURAGED BY PLANO'S FAILURE IT ACT, HIS CLIENT BELIEVES HE CAN DO WHATEVER HE WANTS WITH HIS PROPERTY WITHOUT CONSEQUENCE. THE PROPERTY OWNER HAS A RIGHT TO USE HIS PROPERTY AS HE WISHES, BUT THERE'S A MISSING PIECE HERE. TO CLAIM PROTECTION UNDER COLOR OF LAW, ONE MUST USE ONE'S PROPERTY WITHIN THE LAW. ONE CAN'T HIDE BEHIND THE LAW TO BREAK THE LAW. THAT'S WT I THINK IS HAPPENING HERE. I SIT ON THEORIES OF PROPERTY OWNER NEGLIGENCE, NEGLIGENCE SUPERVISION, NEGLIGENCE PER SE AND THE ENTERPRISE THEORY OF LIABILITY. THAT COULD BE INTERESTING TO PLANO BECAUSE ONCE THIS CASE IS DECIDED, WE'LL HAVE PRECEDENT TO CONSIDER WHETHER THE CITY'S FAILURE TO ACT CONTRIBUTED TO THE PROPERTY OWNER'S NEGLIGENCE AS POSSIBLY A PROXIMATE CAUSE. TEXAS COURTS HAVE AGREED THAT PROPERTY OWNERS MUST ACT LAWFULLY IN THE USE HAVE THEIR PROPERTY. PLANO, INSTEAD, RELIES ON NON-BINDING OPINIONS FROM THE TEXAS ATTORNEY GENERAL. PLANO PROTECTS THE OFFENDING PROPERTY OWNER, NOT THE LAW-ABIDING SINGLE FAMILY RSIDENT. THIS IS NOT A POSITION PLANO SHOULD BE TAKING. PLANO'S SUGGESTED REGISTRATION OF STRs IS NOT A SOLUTION. IT WILL PRODUCE REVENUE AND LITTLE MORE. TOOTHLESS REGISTRATION WILL NOT ADDRESS THE ROOT CAUSE OF THESE PROBLEMS. I WRAP UP. PLEASE RETHINK THE REGISTRATION SUGGESTION. PLEASE RETHINK YOUR RELIANCE ON THE ATTORNEY GENERAL'S NONBINDING OPINION, AND REFOCUS YOUR EFFORTS TO MEET THE NEEDS OF YOUR SINGLE FAMILY RESIDENTS. THANK YOU. [APP [APPLAUSE] >> LIDIA ORTEGA. >> Y'ALL LOOK SO FRESH AND RECOVERED FROM A NICE VACATION. I THINK IT'S PERFECT TIMING FOR A PRIMER ON ECONOMICS OF PROPERTY RIGHTS. SO HERE GOES. HOMEOWNERSHIP IN A SINGLE FAMILY DWELLING IS A LONG-TERM INVESTMENT MADE POSSIBLE TO THE VERY EXTENT THAT THERE IS A SET OF WELL-DEFINED, DURABLE, AND ENFORCEABLE RIGHTS. CONSIDER, FOR EXAMPLE, THE POSSIBILITY OF BUYING A CAR AND, YET, YOU CAN'T BE SURE THAT YOUR PROPERTY RIGHTS OVER THAT CAR ARE ENFORCED. IT MAY NOT BE WHERE YOU PARKED IT WHEN YOU GO BACK THERE. YOU CAN NOT STOP SOMEBODY ELSE FROM USING IT. YOU HAVE NO ABILITY TO MAKE SURE THAT IT'S EVEN DURABLE. THE IMPORTANCE OF PROPERTY RIGHTS IS TWO-FOLD IN THE CASE OF S.T.s. CHANGING PREVAILING PROPERTY CODES UNDERMINES CONFIDENCE IN THE DURABILITY OF YOUR INVESTMENTS OF PROPERTY RIGHTS. THIS IS WHAT YOU WANT PEOPLE TO COME AND COUNT ON THEIR INVESTMENT IN PLANO, THAT THEY KNOW AND CAN PREDICT WHAT WILL HAPPEN TO THEIR INVESTMENTS. CHANGING PROPERTY RIGHTS ALSO ACTUALLY TRANSFERS TO GET BENEFITS FROM ONE PROPERTY OWNER TO ANOTHER. YOU KNOW THESE AS EXTERNALITIES, AND I'LL DO A RUN AT THAT ANOTHER DAY. THE EXTERNALITY AS HAS BEEN DESCRIBED HERE IS THE NUISANCE VALUE, THE FACT OF HAVING TO ENFORCE ISSUES THAT THE PUBLIC SECTOR ISN'T GOING TO DO IT. IT'S A NEGATIVE EXTERNALITY, AND IT'S CREATED BY A PUBLICLY-SPONSORED ENTITY CHSHGS COULD BE CONSIDERED A PUBLIC TAKINGS. THE VALUE THT YOU'RE TAKING, CHANGING PROPERTY RIGHTS HAS TWO ECONOMIC IMPACTS SPECIFICALLY ON S.T.R.s WHERE, IT TRANSFERS BENEFITS FROM THOSE WHO PURCHASE A SET OF DEFINED SINGLE FAMILY DWELLING RIGHTS TO OTHERS WHO WANT TO EXPD THEIR PROPERTY RIG FAMILY GELG E DWELLING AS S.T.R.s. SUCH PROPERTY RIGHTS CHANGES COMPLETELY UNNECESSARY. IF SOMEONE WHO IS NO LONGER SATISFIED WITH THE PROPERTY RIGHTS ACQUIRED WITH THEIR SINGLE FAMILY DWELLING AND THAT SET OF RULES, THEN THEY HAVE A LEGITIMATE LEGAL RECOURSE. SELL THE DWELLING AND BUY A HOME IN A NEW DEVELOPMENT AREA WHERE SMPLT T.R. RIGHTS ARE DESIGNATED. SECOND AND FINALLY, INDIVIDUALS USE S.T.R.s ARE NOT COMMUNITY MEMBERS. THEY ARE NOT RESIDENTS. S.T.R.s FORCED ALL THE SALE OF A SINGLE FAMILY DWELLING THAT WOULD OTHERWISE BE PURCHASED BY INDIVIDUALS WHO WOULD BECOME COMMUNITY MEMBERS. S.T.R.s CHANGE THE VERY COMPOSITION OF PLANO HOMEOWNERSHIP AND ITS RESIDENTS IN DIRECT OPPOSITION TO THE CITY COUNCIL'S VISION STATEMENT. PLANO IS A GLOBAL ECONOMIC LEADER BONDED BY A SHARED SENSE OF COMMUNITY WHERE RESIDENTS EXPERIENCE UNPARALLELED QUALITY OF LIFE. PLEASE, REPEAL THE S.T.R. INITIATIVE. YOU'RE GOING AGAIN YOUR OWN VISION STATEMENT. THANK YOU. [APPLAUSE] >> SHARON OVERALL. >> ASK YOURSELF WHY YOU ALLOW CIGARETTE SMOK CIGARETTE SMOKE C PARTICLELET MATTER. YOU COULD BREATHE IN 46% MORE PARTICLES COMPARED TO AIR WITHOUT CIGARETTE SMOKE. THE DAMAGE SECOND HAND CIGARETTE SMOKE CAUSES THE RESPIRATORY SYSTEM CAN HAVE LONG-TERM CONSEQUENCES FOR BOTH CHILDREN AND ADULTS. THE E.P.A. HAS IDENTIFIED SECOND HAND SMOKE AS A HUMAN LUNG CAC CARC CARCINOGEN. WHY DO YOU NOT BAN SMOKING ON PUBLIC STREETS AND IN PUBLIC PARKS? I OFTEN HEAR THAT SMOKING IS LEGAL AND YOU DO NOT WANT TO INFRINGE O THEIR RIGHTS, BUT THERE IS NO CONSTITUTIONAL RIGHT TO SMOKE IN PUBLIC. YOU DO NOT HAVE ANY PROBLEM INFRINGING ON THE RIGHTS OF A PERSON CONSUMING ALCOHOL. A PERSON THAT IS CONSUMING ALCOHOL AND IS NOT BELLIGERENT OR DRIVING IS HARMING NO ONE. A SMOKER CAN CAUSE HARM TO A PASSER-BY JUST BY INHALING HIS SMOKE. YOU ARE NOT ALLOWED TO POSSESS OR CONSUME ALCOHOLIC BEVERAGES IN A PARK. Y IS SMOKING ALLOWED WHEN THE CONSUMPTION -- WHY IS SMOKING ALLOWED WHEN THE CONSUMPTION OF ALCOHOL IS NOT ALLOWED? WHY IS THERE NOT A NUISANCE ARGUMENT FOR -- TORT LAW STATES A LANDOWNER IS ENTITLED TO USE HIS OR HER PROPERTY IN SUCH A WAY THAT MAXIMIZES HIS/HER ENJOYMENT. HOWEVER, THE ENJOYMENT MUST NOT UNREASONABLY INTERFERE OR DISTURB THE RIGHTS OF ADJOINING LANDOWNER OR CREATE A PRIVATE NUISANCE SO THE LANDOWNER CAN USE HIS/HER PROPERTY UPON THEIR WILL UPON THE CONDITION THAT SUCH WILL NOT DISTURB OR INJURE ANY ADJOINING LANDOWNER. ONE EXAMPLE I CAME ACROSS WAS NEGLIGENCE. THE DWE DEFENDANT HAS ACTED WITHOUT DUE CARE TO PREVENT A NUISANCE IF THE DEFENDANT DID NOT TAKE PROPER PRECAUTIONS TO PREVENT SMOKE FROM ESCAPING HIS RESIDENTS AND OCCUPYING THE PLAINTIFF'S PROPERTY. LIMITSROM SIDEIAL PROPERTY. THERE SHALL BE A FENCE FOR ANY PERSON RECKLESSLY EMIT OR CAUSE TO BE EMITTED A LIGHT NUISANCE. NOISE NEWS ANSWER. IT SHALL BE AN OFFENSE FOR A PERSON TO KNOWINGLY OR WRENKLESSLY CAUSE TO BE MADE OR ALLOW NOISE NUISANCE ON PROPERTY OWNED BY HIM OR SUBJECT TO HIS CARE OR CONTROL. WHY IS SMOKING NOT LISTED AS A NUISANCE? SECOND HAND SMOKE SHOULD BE BANNED ON ALL CITY-OWNED PROPERTY AND CONTAINED ON PRIVATE PROPERTY TO NOT EMIT A CIGARETTE SMOKE NUISANCE ON TO NEIGHBORING PROPERTIES? THANK YOU. >> MS. OVERALL. ON OUR CONSENT AGENDA ITEM ON ITEM Y, WE ARE AMENDING THAT POLICY TO REMOVE SMOKING IN PUBLIC PARKS. >> OKAY, BUT THAT'S JUST ONE ITEM. THANK YOU, THOUGH. THANK YOU. [APPLAUSE] >> THANK YOU. >> MELISSA HALEY. >> HEADLINE LOLLO, COUNCIL, MA. I'M A PLANO RESIDENT. I'VE LIVED HERE ALMOST 20 YEARS. I'M ALSO THE PAST PRESIDENT OF THE COLLIN COUNTY ASSOCIATION OF REA REALTORS. IN THAT CAPACITY I COME TO YOU THIS EVENING TO EXPRESS MY SUPPORT AND ACTUALLY THE SUPPORT OF THE COLLIN COUNTY ASSOCIATION OF REALTORS, OF COURSE, FOR PRIVATE PROPERTY RIGHTS. KEEPING THAT IN MIND, AS A PROPERTY OWNER YOU HAVE A BUNDLE HAVE THREE BASIC RIGHTS. FIRST, YOU CAN ENJOY YOUR PROPERTY. SECOND, YOU CAN RENT YOUR PROPERTY. THIRD, YOU CAN TRANSFER YOUR PROPERTY. SOME OF THOSE RIGHTS HAVE EVEN BEEN DISCUSSED THIS EVENING. HOWEVER, REGULATING ONE'S ABILITY TO RENT THEIR PROPERTY RESTRAINS ONE FULL ONE-THIRD OF THOSE RIGHTS THAT EACH OF THE HOMEOWNERS HERE IN THE ROOM TODAY HAVE, INCLUDING YOURSELVES. SOME PEOPLE MIGHT NOT INSTINCTIVELY CONSIDER A SHORT-TERM RENTAL AS RENTAL HOUSING, BUT, IN FACT, THEY ARE. PEOPLE HAVE BEEN RINTING ROOMS AND WHOLE HOMES ON SHORT-TERM BASIS FOR HUNDREDS OF YEARS, AS STATE LAW SAYS THAT RESIDENTIAL LEASE OF ANY LENGTH IS STILL A RESIDENTIAL LEASE. WE WOULDN'T STOP RENTING HOMES ALL ACROSS OUR GREAT CITY. PLANO IS A GREAT PLACE TO LIVE. IT'S A GREAT PLACE TO WORK. IT'S A GREAT PLACE TO VISIT AND TO PLAY. THAT'S WHY PEOPLE CHOOSE TO VISIT OUR FINE CITY AND SOMETIMES THEY LIKE TO PARTICIPATE IN THEIR VISIT BY NOT JUST STAYING AT A HOTEL. MAYBE THEY WANT TO STAY SOMEWHERE WHERE THEIR FAMILY CAN BE TOGETHER. MAYBE THEY WANT TO HAVE THAT DIA TRADITIONAL HOTEL SETTING. SO IT'S KEEPING THAT IN MIND IT'S GOING TO BE SOMETHING THAT HOMEOWNERS COULD CHOOSE TO USE THEIR PROPERTY FOR THAT THEY HAVE PURCHASED, RIGHT? KEEPING THAT IN MIND, IT IS NOT THE ROLE OF THE MUNICIPAL GOVERNMENT TO DICTATE AN AGREEMENT OR A CONTRACT BETWEEN ANY TWO INDIVIDUALS. IT IS NOT THEIR ROLE TO SPECIFY THAT SOMEONE CAN OR CANNOT MAKE AN AGREEMENT BETWEEN ANOTHER INDIVIDUAL TO STAY INSIDE THEIR HOME. CAN YOU IMAGINE IF A CY ID, YOU KNOW WHAT, YOU CAN'T HIRE SOMEBODY TO MOW YOUR YARD. AS A MATTER OF FACT, WAIT, WHAT IF THEY SAID YOU CAN ONLY HIRE SOMEONE IF YOU HIRE THEM FOR MINIMUM OF EIGHT HOURS? THIS IS A CONTRACT BETWEEN A VENDOR BUT A PARTICIPANT AND THAT PROPERTY OWNER AND THAT VENDOR. THIS WOULD BE AN UNNECESSARY UNEVERY INTRUSION BY GOVERNMENT. COMMUNITIES ACTUALLY BENEFIT FROM SHORT-TERM RENTALED. I KNOW IT DOESN'T SOUND LIKE IT AFTER ALL OF THE THINGS THAT WE'VE HEARD TODAY, BUT WE HAVE SEEN A TREND WHERE SHORT-TERM RENTALS ALLOW POTENTIAL RESIDENTS TO TEST DRIVE A NEIGHBORHOOD BEFORE MOVING IN. THAT MIGHT BE A DRAW FOR A CORPORATE RELOCATION PROGRAM. WORKING PROFESSIONALS MIGHT CHOOSE THAT FOR EXTENDED BUSINESS STAY. A HOMEOWNER WHO MIGHT BE PLANNING TO BUILD A PROPERTY MIGHT NEED SOMEWHERE TO STAY TEMPORARILY WHILE THEY'RE BUILDING THAT HOME. SHORT-TERM RENTALS DO BRING REVENUE TO OUR COMMUNITIES, AND PLEASE KNOW THAT AT THE END OF THE DAY, THE OPPONENTS BELIEVE THAT THIS IS NOT SOMETHING THAT'S GO AHEAD FOR OUR COMMUNITY, BUT IT DOES BRING IN REVENUE, AND IT IS AN INTRUSION BY GOVERNMENT ON OUR RIGHTS. THANK YOU SO MUCH. >> THANK YOU. FOR ALL THOSE THAT ARE HERE FOR SHORT-TERM RENTALS, WE WILL BE POSTING THIS ITEM ON THE AGENDA FOR DISCUSSION EITHER THE NEXT MEETING OR THE FOLLOWING. I JUST WANT YOU TO KNOW WE ARE PLANNING TO PUT THIS ON THE AGENDA. [APPLAUSE] >> THE CONSENT AGENDA WILL BE ACTED UPON IN ONE MOTION AND CONTAINS ITEMS WHICH ARE ROUTINE AND TYPICALLY NONCONTROVERSIAL. ITEMS MAY BE REMOVED FROM THE AGENDA FOR INDIVIDL DCUSSION BY A COUNCILMEMBER, THE CITY MRRG, OR ANY CITIZEN. THE PRESIDING OFFICER WILL ESTABLISH TIME LIMITS BASED UPON THE NUMBER OF SPEAKER REQUESTS. MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED EXCEPT FOR ITEMS T AS IN TANGO, V AS IN VICTOR, AND Z AS IN ZULU. >> SECOND. >> I HAVE A MOTION, A SECOND TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF THE THREE ITEMS. PLEASE VOTE. MOTION PASSES 8-0. THANK YOU. ITEM T. >> ITEM T: TO APPROVE A REVISED AND RESTATE ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN THE CITY OF PLANO, TEXAS, AND LOANDEPOLL.COM, LLC, OF DELAWARE LIMITED LIABILITY COMPANY, PROVIDING AN ECONOMIC DEVELOPMENT GRANT TO THE COMPANY AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. >> ACTING DIRECTOR OF ECONOMIC DEVELOPMENT. HAPPY TO ANSWER ANY QUESTIONS. >> THE REASON WHY IT WAS PULLED IS COUNCILMAN RICIARDELLI RECUSED HIMSELF. WITH THAT BEING SAID, WE'LL TAKE A MOTION. MOTION TO APPROVE. >> SECOND THE MOTION. >> THANK YOU. I HAVE A MOTION AND A SECOND TO APPROVE CONSENT AGENDA ITEM LETTER T. PLEASE VOTE. MOTION PASSES 7-1 ABSTAINED. MR. RICIARDELLI DIDN'T VOTE. 7-0. NEXT ITEM, ITEM V, AS IN VICTOR. ITEM V: TO APPOINT AN ASSOCIATE JUDGE OF THE MUNICIPAL COURT OF RECORD OF THE CITY OF PLANO COMPENSATION FOR THE JUDGE AND - PROVIDING A PUBLICATION CLAUSE AND AN EFFECTIVE DATE. >> MR. MAYOR, I PULLED THIS ITEM. THERE ARE SO FEW POSITIONS APPOINTED BY COUNCIL AND GIVEN THE IMPORTANCE OFUNICIPAL pCOUR THOUGHT IT WAS WORTH MIGHT LIGHTING JUST AS THE APPOINTMENT OF CHIEF JUDGE McNULTY WAS MOMENTOUS. I THIS THIS IS A MOMENTOUS OCCASION FOR THE COMMUNITY AS WELL. WITH THAT, I MOVE TO APPROVE THIS ITEM AND APPOINT JUDGE CHRISTINE PRIMROSE AS A JUDGE OF THE PLANO MUNICIPAL COURT. >> SECOND. >> THANK YOU. I HAVE A MOTION, A SECOND TO APPROVE THE HIRING OF JUDGE PRIMROSE. PLEASE VOTE. MOTION PASSES 7-0. DEPUTY MAYOR PROTEM RECUSED HERSELF ON THAT. [APPLAUSE] >> LASTLY, ITEM Z. >> ITEM Z: TO AMEND ARTICLE 1, CHAPTER 14, SECTION 14-3 WEEDS, REFUSE, UNSANITARY CONDITIONS, AND STAGNANT WATER, PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE, A PUBLICATION CLAUSE, AND AN EFFECTIVE DATE. WE DID HAVE ONE INDIVIDUAL TO SPEAK ON THIS. >> GOOD EVENING. I'M LAURIE SCHWARTZ, AND I WILL BE AVAILABLE FOR ANY QUESTIONS AFTER OUR PUBLIC SPEAKER THIS EVENING. >> THANKS, LAURIE. >> JAMES LOCKRIDGE. >> HELLO, CITY COUNCIL. SO, GUYS, I KIND OF LOOKED OVER Y'ALL'S AMENDED LAWS. IT IS A STEP IN THE RIGHT DIRECTION. I HAVE VISITED WITH SOME STATE REPS ABOUT THIS ISSUE AS WELL. GUYS, IT'S STILL A LONG WAYS TO GO, A LONG WAYS TO GO. YOU'RE STILL BREAKING A STATE LAW, AND YOU'RE STILL HAVING A DISCRIMINATORY ACT OF PRIVACY ACTS. I'VE ASKED EVERYBODY IN HERE TO REACH OUT, SIT DOWN, VISIT WITH ME, LOOK AT WHAT I HAVE BLACK AND WHITE, WHAT THE AGRICULTURAL LAWS ARE, WHAT THE STATE LAWS ARE. NOT ONE PERSON CONTACTED ME. JULIE, JUST ONE, HAS STEPPED UP TO THE PLATE, COME OUT, LOOKED AT CROPS, CALLED ME ON THE CELL PHONE. WE VISITED. WE VISITED ABOUT WHAT THE STATE REPS AND SENATORS HAVE SAID. NO ONE ELSE HAS. NOBODY. IT'S PRETTY BLACK AND WHITE. IT SAYS HERE IT IS UNCONSTITUTIONAL TO DISCRIMINATE BETWEEN TWO SIMILAR SITUATIONS. I HAVE A PROPERTY THAT PLANO SAYS I CAN'T GROW A CROP ON BECAUSE I DON'T HAVE AN AG EXEMPTION. WELL, AG EXEMPTION IS ONLY A TAX. IT DOESN'T HAVE ANYTHING TO DO WITH THE USE OF THE LAND. THERE'S NOT A ZONING AGRICULTURAL LAW. THERE'S NOT A STATE LAW THAT HOWEVER I SEE FIT.HAT PROPERTY - IF I HAVE A PROPERTY RIGHT HERE SAY 100 PLANO PARKWAY. I HAVE A PROPERTY THAT HAS AN AG EXEMPTION AND I'M GROWING CROPS, BUT AT 200 PLANO PARKWAY, I HAVE A CROP THERE, BUT IT DOESN'T HAVE AN AG EXEMPTION, THEY'RE SAYING I CAN'T HAVE A CROP. THAT YOU CAN'T DO. THAT'S DISCRIMINADISCRIMINATORY. IT'S ARBITRARY, AND A DISCRIMINATION TO DO THAT TO LANDOWNERS. NOW, YOUR LAW IS CLOSE. YOU'RE SAYING A 30 FOOT PARAMETER. THE STATE LAW SAYS THAT WE HAVE TO USE THE LAND TO THE FULLEST OF ITS ABILITY. NOW, LET ME EMPHASIZE THAT A LITTLE BIT. THE STATE SAYS TO THE FLESTF ITS ABILITY. THAT MEANS PROPERTY LINE TO PROPERTY LINE TO PROPERTY LINE. JACK, YOU CAME TO ME MANY TIMES ASKING ME TO MOW 50 FEET. IT'S NOT GOING TO HAPPEN. I DON'T HAVE TO MOW ANYTHING IN THE STATE OF TEXAS IF IT'S BEING USED AS AN AGRICULTURAL CROP. IT IS NOT A NUISANCE, AND YOU HAVE TO AS A CITY ACCORDING TO THE STATE LAW -- YOU HAVE TO PROVE THAT HIGH GRASS IS AN ENDANGERMENT TO HUMANS OR A NUISANCE. I HAVE NOT YET BEEN ABLE TO GET ANYBODY IN THE CITY OF PLANO TO PROVE THAT MY CRO OR AGRICULTURAL CROPS ARE A NUISANCE OR AN ENDANGERMENT. YOUR LAW TO MOW THE STATE OF TEXAS AND THE CITY OF PLANO DOES NOT UNDERSTAND BECAUSE YOU'RE KILLING OFF EVERYTHING. THE WILDLIFE IS GOING INTO NEIGHBORHOODS. YOU'RE FORCING ALL THE ANIMALS INTO EVERYBODY ELSE'S BACK YARDS. I'M ASKING YOU AGAIN, COME TO THE TABLE. BURNER.UT THIS ON THE BACK - EVERYBODY COME TO THE TABLE. LET'S LOOK AT IT AGAIN. LET'S TRY TO GET THIS DONE WITHOUT TAKING A STEP TOO QUICK. THANK YOU. >> THANK YOU. SO WE HAVE ITEM Z. >> I WOULD MAKE A MOTION TO TABLE THIS. IT SOUNDS LIKE WE NEED TO DISCUSS IT A LITTLE BIT MORE. I DON'T KNOW IF WE WANT TO DISCUSS IT AND THEN TABLE IT, OR -- IT'S MY UNDERSTANDING THAT THERE'S A LETTER THAT MR. LOCKRIDGE HAS THAT HE IS GOING TO FORWARD ON WITH SOME ADDITIONAL INFORMATION. >> I SECOND THAT ALSO. DOES SOUND LIKE WE HAVE A LITTLE BIT MORE DISCUSSION TO DO. I THINK WE'RE ALL HEADED IN THE RIGHT DIRECTION. IF WE HAVE ADDITIONAL INFORMATION FORTHCOMING, I'M WILLING TO AT LEAST READ IT. >> OKAY. SO I HAVE A MOTION TO TABLE THIS ITEM. ANY OTHER COMMENTS? PLEASE VOTE. >> I WOULD LIKE TO ASK A QUESTION. >> HOLD ON. GO AHEAD. YOU HAD YOUR HAND ON YOUR -- >> SORRY. >> GO AHEAD. GO AHEAD. >> CAN I ASK STAFF QUESTION? >> YES. >> SO THE ADDITIONAL INFORMATION, I GUESS, THAT'S COMING TO US, ARE YOU AWARE OF WHAT THAT MIGHT BE? >> I HAVE NOT EVER BEEN TOLD THAT THERE IS ADDITIONAL INFORMATION. I BELIEVE THAT IT'S POSSIBLE THAT THERE HAS BEEN A PRESENTATION THAT THAT WAS COMING, BUT IT HAS NOT BEEN PRESENTED TO US AT ALL. >> DO YOU THINK THAT WHAT WAS SAID ABOUT THE -- THIS BEING IN CONFLICT WITH THE STATE, DO YOU THINK IT'S GOING TO CHANGE WHAT YOU BRING BACK TO US IN THIS ORDINANCE? >> I CAN SAY THAT WHAT THE ORDINANCE THAT IS BEING PRESENTED TO COUNCIL TONIGHT HAS BEEN REVIEWED BY OUR LEGAL TEAM, AND THEY BELIEVE THAT IT IS CORRECT AND IN CONFORMANCE WITH STATE LAW. >> ALSO, COUNCILMAN, WE HAVE HAD AN OUTSIDE COUNSEL REVIEW THE CLAIMS THAT MR. LOCKRIDGE HAS MADE ABOUT THE STATE LAW, THE STATE REPS OVER THE YEARS. THEY SAID THAT THE CITY IS ON FIRM LEGAL GROUND AND THAT THEY DON'T AGREE. >> THANK YOU. >> SURE. >> CHRISTINE. AND DELAYING THIS AFFECT ANYTHING, THE CITY IN A NEGATIVE WAY? >> THE ONLY CONCERN RIGHT NOW IS THAT ON THE BOOKS WE HAVE 150 FEET REQUIRED SETBACK FOR AGRICULTURAL CUTTINGS. THE CHALLENGE THAT WE'VE HAD AT THIS POINT IS THAT WITH THIS BEING A POINT OFISCUION MOVING FORWARD WITH ANYTHING FURTHER IS STILL LEAVING THAT 150 FEET ON THE BOOKS. ONE CONSIDERATION CAN BE IS THAT THIS CONVERSATION, WE COULD LOOK AT THE 30 FEET AS OF RIGHT NOW SO THAT WE CAN HAVE MORE REASONABLE SETBACK FOR ALL PROPERTIES THAT WOULD MEET THIS CRITERIA THAT COULD MOVE FORWARD NOW. IF THE LETTER IS PRESENTED AND WE ARE ABLE TO FIND ADDITIONAL INFORMATION THAT WOULD SUPPORT THE STATEMENTS THAT HAVE BEEN MADE BY THE CITIZEN, THEN THAT COULD BRING FORWARD MAYBE AN ADDITIONAL UPDATE, BUT WE WOULD ENCOURAGE BEING ABLE TO MOVE SOMETHING FORWARD NOW THAT WOULD BE LESS RESTRICTIVE THAN WHAT WE CURRENTLY HAVE. THAT WE ARE CALLED TO ENFORCE. >> THANK YOU. >> YES, SIR. >> TABLE AND MAKE A MOTION TO APPROVE AND THEN WE'LL GET THE ADDITIONAL -- I THINK MR. LOCKRIDGE HAS THE LETTER, SO WE'LL GET THAT. >> GO AHEAD. >> YOU TAKE THE SECOND -- OR I'SORRU? >> NO, THAT'S OKAY. I'M GOOD WITH THAT TOO. I JUST WANT TO TRY TO GET THIS RESOLVED FOR THE BENEFIT OF ALL PARTIES. I WOULD DO IT WITH THE STIPULATION THAT WE DO BRING THIS BACK ON ANOTHER AGENDA ITEM ONCE WE HAVE A CHANCE TO REVIEW MORE DETAILS, AND IF THERE IS A CHANGE, WE CAN MAKE AN ADJUSTMENT. >> MOTION TO APPROVE. >> SECOND. >> OKAY, THANK YOU. APPRECIATE IT. SO I HAVE A MOTION AND A SECOND TO APPROVE ITEMZ. PLEASE VOTE. MOTION PASSES 8-0. NEXT ITEM INDIVIDUAL ITEMS FOR CONSIDERATION. >> FIVE-MINUTE REBUTTAL IF NEEDED. REMAINING SPEAKERS ARE LIMITED TO 30 TOTAL MINUTES OF TESTIMONY TIME WITH THREE MINUTES ASSIGNED PER SPEAKER. THE PRESIDING OFFICER MAY AMEND THESE TIMES AS DEEMED NECESSARY. NON-PUBLIC HEARING ITEMS. PRESIDING OFFICER WILL PERMIT PUBLIC COMMENT FOR ITEMS ON THE ENDAOT POSTED FOR PUBLIC HEARING. THE PRESIDING OFFICER WILL ESTABLISH TIME LIMITS BASED UPON THE NUMBER OF SPEAKER REQUESTS, LENGTH OF THE AGENDA, AND TO ENSURE MEETING EFFICIENCY AND MAY INCLUDE A CUMULATIVE TIME LIMIT. SPEAKERS WILL BE CALLED IN THE ORDER THE REQUESTS ARE RECEIVED UNTIL THE CUMULATIVE TIME IS EXHAUSTED. ITEM NUMBER ONE. PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION TO ADOPT THE 2022-2023 ACTION PLAN, INCLUDING THE SUMMARY OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS PROGRAM ACTIVITIES AND PROPOSED USE OF FUNDS FOR PROGRA YEAR 2022-2023 AND PROVIDING AN EFFECTIVE DATE. >> GOOD EVENING, MAYOR, CITY COUNCIL, CITY EXECUTIVES. I'M THE HOUSING CITY SERVICES MANAGER. I'M HERE TO TALK ABOUT OUR ONE-YEAR ACTION PLAN TONIGHT. AS YOU SEE ON THE SCREEN, THE CITY OF PLANO HAS BEEN A RECIPIENT OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDS FOR OVER 35 YEARS NOW. AS IT SAYS HERE, CDBG COMMUNITY DEVELOPMENT BLOCK GRANT, THAT'S THE MORE FLEXIBLE SOURCE OF FUNDING. WE'RE ABLE TO USE THOSE FUNDS FOR INFRASTRUCTURE, ROADS, HOUSING, AS WELL AS COMMUNITY DEVELOPMENT TYPE ACTIVITIES, BUT WHAT'S INTERESTING ABOUT THIS ONE IS THEY LIMIT IT TO 15% FOR PUBLIC SERVICE ACTIVITIES. 15% OF THE CDBG ALLOCATION CAN ONLY BE USED FOR PUBLIC SERVICE/SOCIAL SERVICE TYPE ACTIVITIES. WHEN YOU GET TO HOME PARTNERSHIP GRANTS IT'S WHAT IT SAYS. IT'S FOR HOMES. IT'S FOR HOME-BUILDING, ANYTHING RELATED SPECIFICALLY TO HOUSING-RELATED HOME BUYER, HOME ACTIVITIES. ALL RIGHT, SO AS YOU CAN SEE RE,E HAVE SEEN AN OVERALL INCREASE OF $71,000 IN HOME INVESTMENT PARTNERSHIP GRANT FUNDS. THOSE ARE THOSE FUNDS THAT I JUST MENTIONED TO YOU THAT AREN'T AS FLEXIBLE AS CDGG THAT ARE FOCUSED ON HOUSING-SPECIFIC TYPES OF ACTIVITIES. WE'VE SEEN A SLIGHT DECREASE FROM THE PAST YEAR IN COMMUNITY DEVELOPMENT BLOCK GRANTS. THE REST OF THESE SLIDES ARE GOING TO BE QUICK AND SIMPLE. THEY ARE GOING TO TELL YOU HOW WE WANT TO USE -- WHEN I S WE -- HOW THE CRC IS RECOMMENDING THAT YOU ALL USE YOUR HUD FUNDS FOR THE NEXT YEAR. THAT MEANS STARTING OCTOBER 1st OF 2022 THROUGH OCTOBER -- I'M SORRY. THROUGH SEPTEMBER 30th OF 2023. THIS YEAR THAT'S BEING PROPOSED TONIGHT IS YEAR THREE. WE ARE CURRENTLY IN YEAR TWO. YEAR TWO ENDS ON SEPTEMBER 30th OF 2022. THE ACTIVITIES THAT I'LL TALK ABOUT IN THE REST OF THE SLIDES ARE GOING TO BE FOCUSED AND GROUPED TOGETHER BY HUD'S THREE NATIONAL CHECKLISTS. OUR GOALS, RATHER. THAT'S ONE, BEING DECENT HOUSING. THE OTHER IS SUITABLE LIVING ENVIRONMENT, AND THE THIRD ONE IS ECONOMIC -- IS EXPANDING ECONOMIC OPPORTUNITIES, WHICH WE WILL NOT BE PRESENTING PROJECTS ON THAT GOAL TONIGHT BECAUSE THERE WERE NO GRANT APPLICATIONS SUBMITTED. TO BEGIN WITH, THE FIRST PROPOSED ACTIVITY IS THE CITY OF PLANO'S HOUSING REHABILITATION PROGRAM. THE PROGRAM IS SEEKING -- OR IS LOOKING TO ASSIST 25 HOMEOWNERS HERE IN PLANO WITH HOMEOWNER OCCUPIED REPAIRS TO THEIR HOME VIA EIER AN EMERGENCY REPAIR OR A LIMITED REPAIR, WHICH LIMITED REPAIRS WILL ALSO INCLUDE RECONSTRUCTION IF THAT HOMEOWNER OCCUPIED HOME IS IN NEED OF THAT. AND IF THEY ARE INCOME-ELIGIBLE. NEXT, PROGRAM IS OUR FIRST-TIME HOME BUYER PROGRAM INCLUDING DOWN PAYMENT AND CLOSING COSTS. WE'RE GOING TO ASSIST THREE LOW-INCOME HOUSEHOLDS IN BECOMING HOMEOWNERS HERE IN PLANO. THIS PROGRAM HERE IS ONLY GOING TO USE HOME FUNDS. THE FLEX PROGRAM THAT'S BEING PROPOSED TO FUND DECENT HOUSING, AND THE LAST ONE I'M GOING TO TALK ABOUT TONIGHT UNDER SDEEBT HOUSING IS HABITAT FOR HUMANITY OF COLLIN COUNTY. THEY ARE PROPOSING TO BUILD ONE SINGLE FAMILY HOME, NEW CONSTRUCTION, FOR A LOW TO MODERATE INCOME HOUSEHOLD TO LIVE HERE IN OUR CITY. UNDER SUITABLE LIVING ENVIRONMENT WE'VE GOT THE REST OF THESE ACTIVITIES FALL UNDER, AND THESE ARE IN ESSENCE OUR PUBLIC SERVICE ACTIVITIES. THE FIRST IS THE CITY OF PLANO'S PROGRAM. IT IS ADMINISTERED BY THE ASSISTANT CENTER OF COLLIN COUNTY. WE'RE PROPOSING TO ASSIST 114 INDIVIDUALS WITH RENT OR MORTGAGE OR UTILITY ASSISTANCE SO THAT THEY CAN REMAIN IN THEIR CURRENT HOUSING SITUATION THAT THEY'RE IN AND NOT BECOME HOMELESS OR, IN ESSENCE, WHAT I'M GOING TO REFER TO FROM HERE ON OUT AS UNHOUSED. THAT'S WHAT WE'RE TRYING TO PREVENT. THE NEXT ONE IS TEXAS MUSLIM WOMEN'S FOUNDATION. THEY ACTUALLY ARE PROCEEDSING TO ASSIST 20 INDIVIDUALS THAT THROUGH PROVIDING SHELTER COUNSELING SERVICES TO THOSE THAT ARE SURVIVORS OF DOMESTIC VIOLENCE. THE NEXT ONE WILL BE THE FAMILY PLACE PROVIDES COUNSELING SERVICES. THEY'RE SEEKING TO ASSIST 40 INDIVIDUALS OR HOUSEHOLDS, AS IT SAYS HERE, WITH COUNSELING SERVICES. THE INDIVIDUALS OF THE FAMILY PLACE IS GOING TO ASSIST. THOSE ARE UNHOUSED RESIDENTS THAT ARE CURRENTLY LIVING IN TEMPORARY SHELTERS. THE FINAL ACTIVITY BEING PROPOSED TONIGHT FOR THESE FUNDS IS THE BOYS AND GIRLS CLUB. BOYS AND GIRLS CLUB IS PROPOSED THAT THEY'RE GOING TO ASSIST 51 LOW TO MODERATE INCOME YOUTH THAT WILL RECEIVE SERVICES THROUGH AFTER SCHOOL PROGRAMS AS WELL AS ROLLING OVER INTO THE SUMMER PROGRAM. I'M AVAILABLE FOR QUESTIONS. THIS IS ALSO A PUBLIC ARING ITEM. >> THANK YOU. ANY QUESTIONS FOR STAFF? HANG AROUND. >> I'LL RESERVE MY QUESTIONS UNTIL AFTER THE SPEAKERS OF PUBLIC HEARING. >> OKAY. >> I'LL OPEN THE PUBLIC HEARING. >> THERE ARE NO SPEAKERS ON THIS ITEM. >> OKAY. SEEING NONE, I'LL CLOSE THE PUBLIC HEARING. LIMIT THE COMMENTS TO THE COUNCIL NOW. >> THANK YOU, MR. MAYOR. I HAVE SEVERAL QUESTIONS, AND I ALSO HAVE SEVERAL OPINIONS THAT I WANT TO SHARE. LET'S START WITH THE CHOTO. WE'RE SETTING ASIDE $92,806 FOR A CHOTO BECAUSE NO CHOTO HAS APPLIED THIS YEAR FOR THOSE FUNDS. IS IT THAT WE -- DID ANY COTO APPLY FOR FUNDS LAST YEAR? >> NO, SIR. >> THE CHEER BEFORE NO COTO APPLIED FOR FUNDS? >> THE LAST TIME FUNDS WERE APPLIED FOR WAS IN 2018, AND THAT WAS AWARDED $400,000. >> I RECALL THAT $400,000 INVESTMENT, WHICH WAS A $400,000 INVESTMENT INTO THE DOUGLAS COMMUNITY, WHICH I HAD A SIGNIFICANT CONCERN ABOUT. IT WAS A REHAB OF A HOME IN THE DOUGLAS COMMUNITY. >> YES. IF I MAY. >> YES. >> CORRECT YOU. THE HOME THAT YOU ARE SPEAKING OF THAT HAPPENED IN THE DOUGLAS COMMUNITY WAS NOT A COTO HOME. THAT WAS A HOME BACK IN 2016. THIS COUNCIL HAD A RESOLUTION THAT THEY APPROVED TO ALLOW US TO WORK WITH THE PLANO HOUSING AUTHORITY TO ACQUIRE AND REHABILITATE UP TO FOUR HOMES A YEAR AS LONG AS THOSE FOUR HOMES TOTAL DIFFERENT EXCEED $500,000 TOTAL. YOU ALL HAD -- IF I HAD KNOWN, I WOULD HAVE BROUGHT THAT RESOLUTION, BUT THAT RESOLUTION WAS FOR THAT. WE'VE ONLY DONE ONE HOME WITH THE PLANO HOUSING AUTHORITY, AND THAT IS THE HOME THAT YOU ARE SPEAKING OF WHERE THE PLANO HOUSING AUTHORITY BOUGHT A HOUSE THAT WAS TRULY DILAPIDATED AND THEN ACTUALLY THE PICTURE OF THE HOUSE JUST SO THAT YOU SEE IT -- WHEN YOU SEE THE REHAB, THIS IS THE HOUSE. THIS HOUSE LOOKED LIKE WHAT YOU SEE HERE. THEY BOUGHT IT. THEY DIDN'T HAVE THE FUNDS TO REHAB IT. THE CITY OF PLANO'S HOUSING REHABILITATION PROGRAM CAME IN AND DID A DEEP REHAB OF THAT HOME, AND IT TURNED OUT INTO WHAT YOU SEE BELOW. THAT WAS THE CITY'S PROGRAM. WITH THE CHOTO MONEY OF THE $400,000 THAT WAS ALLOCATED IN 2018, ONLY $200,000 HAS BEEN SPENT. THOSE TWO HAVE BEEN SPENT ONE IN DOUGLAS AND ONE -- I CAN'T THINK OFFHAND OF THE OTHER PROPERTY. I'M SORRY. THE OTHER ONE ISN'T IN DOUGLAS. THEY HAVE TWO MORE THAT THEY WERE PLANNING TO BUILD, SO THE CURRENT CHOTO. THEY HAD ONE. THEY WERE GOING TO BUILD TWO IN DOUGLAS, AND THE PROPERTY FELL THROUGH. THEY'VE ONLY SPENT $200,000 OF WITHIN THE HUD-ALLOCATED PERIOD FOR SPENDINGMONIES. >> ARE THOSE FUNDS WITH THE CITY OR WITH THE CHOTO? >> NO MONEY IS ACTUALLY WITH THE CITY. THE WAY THE FEDERAL GOVERNMENT HAS IT SET UP IS THEY PUT -- THEY KIND OF SET ASIDE THE CITY'S MONEY IN A LINE OF CREDIT ACCOUNT. IT'S A LOX ACCOUNT. THEY SAY, CITY OF PLANO, WE ARE RESERVING THIS POT OF FUNDING, AND IN ORDER TO USE THIS POT OF FUNDING, YOU HAVE TO SET UP AN ACTIVITY FOR IT, BUT WE ARE NOT ALLOWED TO SET UP ACTIVITIES FOR HOME PROJECTS UNTIL WE HAVE A HOME ADDRESS. HUD GIVES US A CERTAIN AMOUNT OF PERIOD TO GET A HOME ADDRESS SO WE HAVE A PROJECT AND THEN ANOTHER CERTAIN TIME PERIOD TO ACTUALLY SPEND THOSE FUNDS ONCE WE'VE OPENED UP -- ONCE WE'VE OPENED UP THE ACTIVITY. WHAT ENDS UP HAPPENING IS WE REIMBURSE OURSELVES WITH HUD MONEY, SO WE CAN'T JUST DRAW HUD MONEY DOWN. AT LEAST THE MONEY I'M TALKING ABOUT TONIGHT, OUR CITY DOESN'T JUST DRAW IT DOWN AND LET IT SIT IN THE ACCOUNT BECAUSE HUD WON'T ALLOW US TO DO THAT. THEY WILL GIVE US A CERTAIN TIME PERIOD FOR WHEN WE DRAW DOWN FUNDS, HOW QUICKLY WE HAVE TO SHOW THEM THAT WE SPENT IT, OR THEY'LL MAKE US PAY INTEREST ON THE MONEY THAT HAS SAT IN OUR ACCOUNT. WE LEAVE IT THERE. ONCE ANY OF THE NONPROFITS THAT YOU HAVE SEEN TONIGHT, ONCE THEY SPENT THEIR MONEY, THEY SENT E SEND US THEIR RECEIPTS. THE CITY PAYS THEM FOR WHATEVER WE HAVE SAID IS APPROVED, AND THEN WE REIMBURSE OURSELVES WITH THE HUD MONEY. THEN WE DRAW DOWN FROM THAT BANK ACCOUNT KIND OF PER SE. THE LOX ACCOUNT. WE THEN DRAW IT DOW FROM HUD, AND IT GOES INTO THE CITY'S BANK ACCOUNT AS A REIMBURSEMENT. WE NEVER AT ANY TIME WILL KEEP CDBG AND HOME MONEY DRAWN DOWN SITTING IN THE ACCOUNT. MAKE SENSE? >> TO SOME DEGREE. I STILL SEE IT FAIRLY LARGE. ABOUT $300,000 SOME SITTING IN THAT ACCOUNT. THAT'S NOT BEEN USED, SO IT'S NOT GONE OUT TO THE COMMUNITY, AND WE'RE USING A CHOTO, IF I'M NOT MISTAKEN, THAT IS BASICALLY REGISTERED IN FORT WORTH BECAUSE WE DON'TAVE ONE LOCALLY. IF YOU WANTED TO COUNT FORT WORTH IS NOT LOCAL. THERE'S NO CHOTO FOR THE CITY OF PLANO THAT HAS A PLANO ADDRESS. WE'RE USING A CHOTO THAT'S REGISTERED IN, WHAT, FORT WORTH? >> SO YES, THE CHOTO WE ARE USING IS REGISTERED IN FORT WORTH. THE FORMER CHOTO WE HAD A LEWISVILLE ADDRESS. ALL OF THE DOCUMENTS THAT WE HAD FROM THE FORMER CHOTO HAD LEWISVILLE ADDRESSES. WHATUD SAYS, JUS SO THAT WE CAN UNDERSTAND KIND OF WHAT'S GOING ON, HUD SAYS THAT EACH COMMUNITY HAS TO DECIDE HOW THEY ARE GOING TO FRAME WHAT THEY ARE CONSIDERING IN THEIR COMMUNITY. WHEN WE HAD THE FORMER CHOTO THAT AT ONE POINT DID HAVE A PLANO ADDRESS, AND THEN SWITCHED AND SOLELY OPERATED OUT OF LEWISVILLE, THEY SAID THAT WAS OKAY BECAUSE WHAT WE -- THE WAY THAT WE DEFINED OUR COMMUNITY WAS THE METROPLEX. THE CITY ALLOWED US TO HAV MORE OPPORTUNITIES TO HAVE OTHER NONPROFITS TO COME AND BE CHOTOS BECAUSE WE WENT OUT SOLICITING. WE TALKED TO OUR FELLOW SISTER CITIES HERE IN THE METROPLEX TO SEE WHO WITH HE CAN HAVE AS A CHOTO, WHEN OUR FORMER DECIDED THAT THEY WERE UNBE ABLE TO USE THE FUNDS. WE WERE GOING TO LOSE FUNDS, AND WE HAD TO INQUIRE WITH OTHER CITIES AS TO WHO. BECAUSE HUD SAID YOU, CITY OF PLANO, CAN DEFINE IT AS ANYONE IN THE METROPLEX, IF THAT'S GOING TO ALLOW YOU TO OPEN IT UP AND GET ADDITIONAL PEOPLE TO COME IN NONPROFITS THAT CAN BE CERTIFIED AS A CHOTO, YOU ARE ALLOWED TO DO THAT. THAT WAS A DISCUSSION WE HAD WITH OUR HUD REP. GOODNESS. SOME YEARS AGO. I DON'T WANT TO BE WRONG ON OUR YEARS. MAYBE 2017, 2016, AROUND THEN. THE GOAL OF OUR PROGRAMS IS WHOEVER IT IS IS HELPING PLANO RESIDENTS. THAT'S ONE THING. ONE QUICK EXAMPLE IS THE CITY OF PLANO FUNDS AN ORGANIZATION THAT IS HOUSED IN McKINNEY. EVEN THOUGH THEY ARE HOUSED IN McKINNEY, THEY ARE HOUSING RESIDENTS THAT WERE UNHOUSED IN PLANO. HUD IS ALL RIGHT WITH THAT BECAUSE THE GOAL OF THESE FUNDS IS TO SPEND IT ON PLANO RESIDENTS. >> LET'S TALK FOR A MOMENT ON THE HOMELESSNESS PREVENTION PROGRAM. THERE'S $122,000. DID YOU INDICATE THAT THE ASSISTANCE CENTER OF COLLIN COUNTY ADMINISTERED THAT, OR DOES THE CITY? >> THE ASSISTANT CENTER OF COLLIN COUNTY HAS ADMINISTERED IT. I'VE BEEN AT THE CITY SINCE 2007, AND WHEN I CAME, IT WAS A DIFFERENT ORGANIZATION THAN THE ASSISTANT CENTER, BUT TO MY KNOWLEDGE WE HAVE NEVER ADMINISTERED THE CITY OF PLANO HOMELESSNESS PREVENTION PROGRAM IN HOUSE. WE HAVE NOT HAD THE CAPACITY TO DO THAT. THIS PROGRAM HAS ALWAYS BEEN OUTSOURCED IT A NONPROFIT. IT USED TO BE THE SAMARITAN INN. THE REASON IT STOPPED IS BECAUSE THEY HAD AN EXECUTIVE DIRECTOR THAT DECIDED THAT THE DIRECTION THAT THE SAMARITAN INN WANTED STAY IN WAS FOCUSED ON UNSHELTERED INSTEAD OF FOCUSING ON EXTENDING IT TO THOSE AT RISK OF BEING UNSHELTERED. THAT'S WHEN THE ASSISTANCE CENTER STARTED RUNNING THE PROGRAM. >> THE REASON THAT I ASK ALL THE QUESTIONS REALLY IS EVEN WITH THE FIRST TIME HOME BUYER PROGRAM AND THE HOUSING REHABILITATION PROGRAM, ET CETERA, IT SEEMS TO ME AFTER WORKING WITH THESE PROGRAMS FOR QUITE SOME TIME AND LOOKING AT THEM, THAT THERE ARE AGENCIES WITHIN OUR CITY THAT COULD USE TESE DOLLARS MORE EFFICIENTLY THAN WE CAN WITHIN THE CITY. IN ESSENCE, THERE ARE NONPROFIT ORGANIZATIONS WITH BOOTS ON THE GROUND, WITH VOLUNTEERS THAT DO A LOT OF THIS WORK. THERE IS VERY LITTLE OVERHEAD TO THOSE NONPROFIT ORGANIZATIONS. PROVIDING THE FUNDS TO THE NONPROFIT ORGANIZATIONS RATHER THAN THE CITY DOING THE WORK WITH EMPLOYED STAFF SEEMS TO ME TO BE MORE EFFICIENT IN THE USE OF THE DOARS. SO THE REASON THAT I HAVE CONCERNS ABOUT THE ENTIRE PROGRAM AND HOW IT'S STRUCTURED AND HAVE HAD CONCERNS ON HOW IT'S STRUCTURED IS THAT WE'RE NOT GETTING ENOUGH DOLLARS INTO THE COMMUNITY AND WE'RE NOT GETTING ENOUGH DOLLARS INTO ORGANIZATIONS THAT CAN TAKE A DOLLAR AND TURN IT INTO THREE BECAUSE THEY HAVE VOLUNTEER STAFF. THAT'S THE CONCERN THAT I HAVE ON THE PROGRAM. >> COUNCILMAN SMITH. >> THANK YOU, MAYOR. I JUST WANT TO SAY THAT WE'RE LUCKY TO HAVE YOU. YOU ARE SO KNOWLEDGEABLE ON ALL OF THIS STUFF BECAUSE JUST FROM LISTENING TO YOU, THERE'S SO MUCH RED TAPE TO MAKE ANYTHING HAPPEN, IT'S AMAZING THAT ANYTHING GETS DONE. I'M WITH COUNCILMAN GRADY. IF WE CAN DO SOMETHING TO SIMPLIFY THIS TO GET FUNDS OUT THERE BECAUSE FROM THE INFORMATION I HAVE, WE'VE GOT OVER $4 MILLION OF FUNDS JUST BASICALLY SITTING THERE. A LOT OF GOOD COULD BE DONE WITH THAT MONEY, AND I'M GOINGO OK TO U AS A GROUP TO SAY HOW CAN WE FREE THIS UP? ONE THING THAT I HAVE A REAL INTEREST IN AND I THINK IT'S VERY IMPORTANT NOW, THE UTILITY ASSISTANTS, I KNOW WE'VE ALWAYS HAD THAT, BUT THE ONE THING IS I HAVE A GREAT, I GUESS, INTEREST IN IS NOT HAVING OUR FOLKS ON FIXED INCOME THAT DUE TO EVERYTHING THAT'S GOING ON WITH INFLATION GET HOMELESS OR BE -- HAVE LIFE-THREATENING ISSUES BECAUSE THEY CAN'T PAY THE UTITY BILLS. ED IN LAST YEAR, 18 MONTHS COST OF ELECTRICITY HAS MORE THAN DOUBLED. NATURAL GAS WE'RE GETTING READY TO HIT TH WINTERTIME WITH THAT. WHAT CAN WE DO? IS THERE ANY WAY -- ANYTHING THAT WE CAN CHANGE FOR YOU TO WHERE WE CAN PUT MONEY TO WORK MORE IN THAT UTILITY ASSISTANCE FUND TO HELP OUR PEOPLE ON FIXED INCOMES THAT MEETS THE OTHER INCOME CRITERIA GET THAT MONEY? I DON'T WANT TO JUST GIVE IT OUT TO ONE OF OUR ORGANIZATIONS AND IT GETS LOST IN PAPWORK BECAUSE YO KNOW I HAVE TALKED TO PEOPLE, AND IT'S VERY FRUSTRATING THAT THEY CAN'T GET -- THEY FEEL LIKE NOBODY IS LISTENING TO THEM. WHAT CAN WE DO TO MAKE THAT HAPPEN AND MAKE IT WHERE IT GETS TO THE PEOPLE THAT NEED IT BECAUSE IT'S STARTING NOW, AND IT'S NOT GOING TO GET BETTER WHEN WINTERTIME GETS HERE. T >> THE CITY OF PLANO'S HOME SAYSNESS PROGRAM IS THE ONLY PROGRAM IN THE AREA THAT WILL PAY 100% OF SOMEONE'S RENT OR MORTGAGE OR ELECTRIC BILLS. THE REASON I'M STATING THAT IS BECAUSE A LOT OF THE OTHER ORGANIZATIONS THEY WILL PAY HALF AND MAKE YOU GO FIND THE OTHER H HALF. THE PROBLEM IS WHAT IF YOU CAN'T FIND THE OTHER HALF? MAYBE THEY'RE ONLY GOING TO GIVE YOU 50%, AND YOU'RE STILL GOING TO BE LATE AND BEHIND, AND THE BILL CONTINUES TO ACCUMULATE. THIS PROGRAM HAS $12200 SET ASIDE. IT'S SOMETHING WE DO EVERY YEAR BECAUSE WE KEEP IN MIND THAT WE HAVE A PUBLIC SERVICE CAP OF $232.72 FROM CDBG MONEY. THERE'S ONLY SO MUCH CDBG MONEY HOMELESSNESS PREVENTION PROGRAM. THIS PROGRAM RUNS OUT OF MONEY AROUND APRIL OR MAY OF EVERY YEAR. BUT FOR THE COVID FUNDING THAT EXTENDED A LOT OF OUR RESIDENTS. IF YOU ARE ASKING, WHICH YOU DID ASK, WHAT COULD BE DONE, IF THERE IS MONEY OTHER THAN CDBG AND HOME THAT COULD BE PUT INTO HOMELESSNESS PREVENTION THAT WAS NOT GRANT-FUNDED, THAT WILL BE SOMETHING TO LOOK AT. TO EXTEND IT AT LEAST SO THAT IF WE KNOW THAT FOR THE PAST TWO YEARS THE REGULAR NON-COVID HOME SAYSNESS PREVENTION FUNDING IS ENDING IN APRIL OR MAY OF EVERY YEAR, WHEN RESIDEN COME AND THEY DON'T HAVE A COVID EXCUSE, WE CAN'T HELP THEM BECAUSE WHEN THEY CALL IN JUNE, WE HAVE TO TELL THEM WE DON'T HAVE ANY FUNDING. WE NEED ADDITIONAL FUNDS. THAT WOULD BE THE WAY TO HELP. IT CAN'T BE THIS FUNDING BECAUSE OF THE CAPS THAT THE FEDERAL GOVERNMENT -- >> THAT'S THE 15% THAT YOU ARE TALKING ABOUT? >> YOU GOT IT. >> YOU'VE BEEN DOING THIS FOR A WHILE. THERE'S NO WAY AROUND TO -- IT'S KIND OF LIKE WHEN THE COVID FUNDS CAME TO US. INITIALLY THEY HAD VERY TIGHT STRINGS ATTACHED TO THEM. YOU COULD ONLY DO IT FOR VERY FINITE GROUP OF THINGS. THEN THAT CHANGES TO REIMBURSE THE EXPENSES YOU HAVE OF THE CITY. IS THERE ANYTHING LIKE THAT WITHIN THE FEDERAL FUNDS THAT CAN BE MISDEMEANORFIED TO PULL MORE FUNDING FOR, SOMETHING MORE THAN JUST 15%, THAT YOU CAN THINK OF? IS THERE ANYTHING THA WE COULD DO BY ORDINANCE TO HELP FACILITATE THAT, OR IS THAT JUST NOT A POSSIBILITY? >> THE ONLY THING I COULD THINK OF THAT HAS BEEN PRESENTED TO YOU ALL THAT WE'RE AWARE OF IS THE HOME ARP MONEY. YOU ALL HAVE TALKED ABOUT A $4.1 MILLION. IT'S BEEN MENTIONED AROUND THIS CIRCLE TODAY. $1,988,000 OF THOSE FUNDS IS HOME AMERICAN RECOVERY PLAN FUNDING. IT HAS TO BE USED BY 2032. I'VE MENTIONED THAT TO YOU ALL. ONE OF THE ELIGIBLE -- IT HAS TO BE USED ON PEOPLE THAT ARE AT RISK OF HOMELESS OR HOMELESS. ONE OF THE FOUR OPTIONS THAT WERE PRESENTED TO YOU ALL. IT'S JET A GRANT. IT'S NOT THE FUNDING I'M TALKING ABOUT. IT'S NOT CDBG, AND IT'S NOT HOME. IT'S HOME ARC, WHICH IS ITS OWN CATEGORY OF FUNDING. YOU STILL HAVE TO INCOME-QUALIFY. THAT'S THE ONLY OTHER PART OF FUNDING -- THAT'S THE ONLY OTHER GRANT MOANSHAT YOU ALL HAVE ACCESS TO RIGHT NOW TO DO WHAT YOU ARE ASKING, WHICH IS HOMELESSNESS PREVENTION. >> IF I CAN JUST ADD, WITH THE HOME ARC FUNDS WE HAVE DIRECTION FROM CITY COUNCIL THAT YOU WANTED US TO GO OUT AND SEEK A CONSULTANT TO HELP US DECIDE HOW TO USE THAT FUNDING. WE HAVE DIRECTION FROM COUNCIL THROUGH STRATEGIC VISION. IF THERE'S DIRECTION THAT YOU WANT US TO CHANGE THE DIREION 'VE BEEN GOING WITH THE DIRECTION OF THE RFP WITH ARC FUNDS, IT WOULD BE HELPFUL TO KNOW THAT BEFORE WE PUT OUT THAT RFP SO WE COULD FOCUS SOLELY ON THAT HOMELESSNESS PREVENTION OPTION INSTEAD OF SOMETHING ELSE, IF THAT'S THE WISH OF COUNCIL? >> I CAN'T SPEAK FOR COUNCIL. WE ALL HAVE OUR OWN OPINIONS. I CAN JUST SPEAK FROM MY STANDPOINT, I'M VERY CONCERNED THAT IF WE DON'T DO SOMETHING TO INCREASE UTILITY ASSISTANCE FOR SURE, IT'S -- THERE'S GOING TO BE SERIOUS HEALTH KONGS CONSEQUENCES FOR SOME OF OUR OLDER RESIDENTS THAT AREN'T GOING TO BE ABLE TO PAY THEIR UTILITY BILLS, AND THEY'LL STILL TRY TO STAY IN THEIR HOMES WHEN IT'S 11 DEGREES OUTSIDE. I DON'T WANT TO SEE THAT HAPPEN. MY QUESTION WAS ABOUT THE CHOTO. >> ARE WE ACTIVELY GOING TO OTHER CHOTOS AND TRYING TO REQUEST THAT THEY MAKE APPLICATIONS, OR ARE WE JUST WAITING TO SEE IF SOMEBODY COMES TO US? >> WE ARE ACTIVELY GOING, AND WHEN I SAY GO, WE'RE TALKING TO THE CITIES OF FORT WORTH. THAT'S HOW WE CAME IN CONTACT WITH THE CURRENT CHOTOS. CITIES OF FORT WORTH, DALLAS, DENTON McKINNEY. ALLEN DOESN'T HAVE IT. WE'VE WORKED WITH REBUILDING TOGETHER BEFORE. WE'VE ASKED THEM TO BECOME A CHOTO. WE'VE ASKED HABITAT FOR HUMANITY TO BECOME A CHEMO RECEPTOR HOTO. THE CONCERNS THAT THEY'VE BROUGHT UP IS THE GUIDELINES THAT HUD HAS ESTABLISHED TO BE CERTIFIED AS A CHOTO AT THE TIMES WE'VE APPROACHED THEM, THEY'RE NOT GUIDELINE THAT IS THEY ARE WILLING TO PURSUE AT THIS TIME WE'VE TALKED TO THEM. THE CHOTO THAT THEY'VE WORKED WITH, IS THIS IN THEIR EYES NOT ENOUGH FOR THEM TO DO ANYTHING WITH? >> COVID HIT. TWO THINGS HAVE HAPPENED AND, I KNOW YOU ALL KNOW THAT. THE HOUSING MARKET -- FIRST COVID HAPPENED, AND THAT WAS, WHAT, IN 2020. THAT GETS US TO -- THEY DIDN'T APPLY -- THE CHOTO THAT WE HAVE RIGHT NOW DIDN'T APPLY BECAUSE IN 2018 YOU ALL AWARDED THEM $400,000. WHEN 2019 CAME THEY KNEW THEY HADN'T USED ALL OF THEIR MONEY, AND THEY DID NOT WANT TO APPLY FOR 2019 FUNDING. THEN 2020 HIT AND IT'S COVID. COVID MEANS -- A LOT OF OUR NONPROFITS SUFFERED DURING COVID. A LOT OF THEM STOPPED BEING ABLE TO ACTIVELY ASSIST RESIDENTS WITH BUILDING. NOW WHAT HAS HAPPENED SINCE THEN IS IT'S EXPENSIVE. HABITAT FOR HUMANITY IS A GOOD EXAMPLE. YOU ALL WILL SEE THAT, AND YOU HAVE SEEN THEM BEING PROPOSED TONIGHT. THEY ASKED FOR $200,000 FOR ONE HOUSE, AND THEY USED VOLUNTEERS. WHY IS THAT? BECAUSE IT IS SO EXPENSIVE RIGHT NOW TO BUILD. NOT ONLY TO BUILD, BUT THEY HAVE TO FIND LOANS. IF AN ORGANIZATION IS HAVING A HARD TIME FINDING LOTS AND KNOWS THAT THE COST OF CONSTRUCTION HAS INCREASED, THEY MAY NOT COME AND ASK FOR MONEY DURING OUR CONSOLIDATED GANT PROCESS. HOWEVER, ANY CHOTO, A FORMER, A NEW, CAN COME TO THE CITY AND ASK FOR MONEY. STAFF RECONNINGHE COMMUNITY RELATIONS POSITION. THAT MONEY THAT IS SITTING -- YOU DON'T HAVE TO WAIT UNTIL NEXT YEAR. IF THEY HAVE PROJECTS THAT THEY WANTED, THEY CAN COME. THEN IT WILL COME BEFORE YOU ALL AGAIN. EVERY CITY IS LOOKING FOR CHOTOS, WHO AT ONE POINT CONTACTED US FOR THE INFORMATION FOR OUR CURRENT CHOTO. WE WERE CONCERNED TO GIVE IT TO THEM. WE KNOW OUR CURRENT IS ALREADY IN A LOT OF OTHER CITIES. JUST KNOW THAT WE ARE CONTINUING -- WE'RE ALWAYS TALKING TO HUD AND TRYING TO FIND OUT WHO IS NEW AND EVEN TRYING TO ENCOURAGE OUR CURRENT NONPROFIT ORGANIZATIONS THAT ARE DEVELOPING TO DO IT. WE'VE ASKED THEM CAN THEY WORK WITH YOU? LET'S FIGURE OUT A WAY. THE GUIDELINES ARE THE GUIDELINES. ULTIMATELY IT'S ALWAYS UP TO AN ORGANIZATION'S BOARD TO PROVE AND DECIDE, YEP, WE'RE GOING TO DO THIS. >> THANK YOU, MAYOR. I WOULD LIKE TO START BY SAYING IT SOUNDS LIK A LOT OF THESE DIFFICULTIES ARE PERHAPS UNNECESSARILY OPPOSED BY FEDERAL LAW, SO THAT MIGHT BE SOMETHING THAT WE COULD ASK DIRECTOR FORTUNE TO SAY SOME CONVERSATIONS ABOUT PERHAPS THERE'S A FIX, BUT I KNOW IT'S HARD TO GET THE FEDERAL GOVERNMENT TO MOVE ON ANYTHING. MOVING TO WHAT WE CAN DO TO CURRENT LAW, I UNDERSTAND THAT THERE'S THE 15% CAP ON THE USE ADMINISTRATI AND THEN FOR HOMELESSNESS PREVENTION, AND OTHER 15% CAP, I BELIEVE, WAS THE ISSUE. DID I GET THAT RIGHT? >> ALMOST. WE HAVE A 20% CAP FROM CDBG FOR GRANT ADMINISTRATION. >> OKAY. >> THEN A DIFFERENT CAP, 15% CAP, FOR PUBLIC SERVICES. BOTH CAPPED. THEY'RE BOTH CAPPED. ARE THOSE THE ONLY CAPS OR FLOORS MINIMUMS? WHAT ARE ALL OF THE CAPS AND FLOORS THAT ARE IN PLAY HERE? >> FOR CDBG THOSE ARE THE OY TWO? YOU CAN'T SPEND MORE THAN 20% FOR GRANT ADMINISTRATION, AND WE CAN'T SPEND MORE THAN 15% OF OUR ENTITLEMENT FOR PUBLIC SERVICE ACTIVITIES. WHEN YOU ARE TALKING ABOUT HOME INVESTMENT PARTNERSHIP GRANT FUNDS, WE CAN'T SPENDS MORE THAN 10% FOR GRANT ADMINISTRATION, AND THEN WE HAVE TO SET ASIDE 15% EVERY YEAR FOR CHOTO SET-ASIDE. WE SET IT ASIDE. HUD AUTOMATICALLY MOVES IT INTO A CATEGORY IN THEIR SYSTEM. THOSE ARE THE TWO THAT ARE FOR HOME AND FOR CDBG. THAT'S WHY WE'RE PROPOSING TO SET ASIDE THE $92,000 FOR A CHOTO, EVEN THOUGH WE DO NOT HAVE AN APPLICATION SINCE 2018. THAT'S SOMETHING I'M GUESSING WE WOULD LIKE TO NOT HAVE TO DO, BUT FEDERAL LAW REQUIRES IT? >> YES. >> GOTCHA. >> WE ARE A PART OF THE NATIONAL COMMUNITY DEVELPMENT ASSOCIATION. WE HAVE SPOKEN. GOVERNMENT RELATIONS POLICY -- APOLOGIZE FOR MESSING UP THE NAME, I THINK, BUT THEY HAVE SPOKEN TO D-- I KNOW THAT PREVIOUS DIRECTORS HAVE SPOKEN ABOUT THE LOBBYISTS. THAT IS SOMETHING THAT IS A NATIONWIDE ISSUE. OUR PROFESSIONAL ORGANIZATION HAD THAT ISSUE. FROM THOSE IN NEW YORK TO THOSE ALL THE WAY TO SOUTH TEXAS TO THOSE IN CALIFORNIA. IT IS A NATIONWIDE ISSUE, AND OUR LOBBYISTS HAVE TRIED. OUR DEPARTMENT HAS BEEN HELPFUL IN GETTING THE LOBBYISTS TO TALK TO CONGRESS, AND CONGRESS HAS NOT CHANGED THAT REQUIREMENT. EVERY YEAR THEY HAVE TRIED TO CHANGE THAT >> THANK YOU FOR THAT BACKGROUND. AS COUNCILMEMBER SMITH ALLUDED TO, THANK YOU FOR THE DEPTH OF YOUR KNOWLEDGE AND EXPERTISE. THIS IS CLEARLY A VERY COMPLEX SUBJECT AREA. JUST A FEW MORE QUESTIONS ON HOW THESE FUNDS CAN BE USED. THE HOUSING REHAB FUNDS, WE'VE GOT $1.1 MILLION FOR THAT. COULD ANYBODY OF THAT BE USED TO HELP FUND THE GREAT UPDATE REBATE SINCE THERE IS HOUSING REHAB GOING ON THROUGH THE GREAT UPDATE REBATE? >> IF THEY'RE A GREAT UPDATE REBATE PARTICIPANT THAT HAS AN INCOME THAT QUALIFIES, THEN IT WOULD BE POSSIBLE, BUT IT CANNOT -- IT CAN'T REALLY OFFSET. WHAT WOULD HAPPEN IS WHEN WE GET GREAT UPDATE REBATE CLIENTS ACTUALLY COMING, WE END UP ASKING THEM IN A SOFT WAY, WELL, IS THERE ANYTHING ELSE THAT YOU'RE GOING TO DO WITH YOUR HOME? WE HAVE A REHAB PROGRAM. YOU HAVE TO INCOME-QUALIFY SO THAT OUR RESIDENTS KNOW THAT YOU MAY NOT WANT TO GO GREAT UPDATE REBATE IF YOU REALLY DON'T HAVE THE MONEY TO DO IT ON YOUR OWN, BUT WE CAN HELP YOU DO IT THROUGH OUR OTHER PROGRAM. THAT'S THE ONE BALANCE OF GREAT UPDATE REBATE IS IT HELPS THOSE THAT DON'T -- THAT ARE MAYBE 81% OF THE AREA NEEDING INCOME. MAYBE THAT FAMILY OF FOUR MAKES $70,000 INSTEAD OF $69,000. IT ALLOWS THEM A LITTLE BIT OF REMEDY TO HELP THEM FIX THEIR HOME. THANK YOU FOR THAT INFORMATION. I UNDERSTAND THAT THE WAY THAT WE KIND OF MEANS-TEST, SO TO SPEAK, THE GREAT UPDATE REBATE IS BASED ON HOME VALUES BASED ON THE VALUE OF THE STRUCTURE, NOT THE INCOM OF THE OCCUPANT. COUNCILMEMBER SMITH MENTIONED CREATIVE WAYS TO FREE UP FUNDS. IF WE WERE ABLE TO USE SOME OF THESE FUNDS TO HELP FUND THE GREAT UPDATE REBATE THAT'S CURRENTLY FUNDED FROM OTHER REVENUES, THEN THAT WOULD POTENTIALLY FREE UP THOSE REVENUES FOR HOMELESSNESS PREVENTION TO GET AROUND THE FEDERAL CAP, I GUESS, IS WHAT I'M GETTING AT THERE. >> IT WOULDN'T FREE UP MONEY FOR HOMELESSNESS PREVENTION. THAT'S A SET 15%. >> IF WE WERE ABLE TO DECREASE FUNDING FROM THE GENERAL FUND TO THE GREAT UPDATE REBATE, THAT FUNDING WOULD BE FREED UP FOR UTILITY ASSISTANCE OR FOR HOMELESSNESS PREVENTION OR FOR OTHER THINGS. AN IDEA WOULD BE ALSO WITH THE RISING COST OF GAS AND HOW BIG OF A PROBLEM IN TERMS OF HOMELESSNESS PREVENTION TRANSPORTATION TO A JOB IS. THAT COULD BE ANOTHER POTENTIAL US. I THINK IF WE COULD LOOK AT POTENTIALLY USING SOME OF THESE HOUSING REHAB FUNDS TO FUND EXPENSES THAT WE'RE CURRENTLY PAYING THROUGH THE GENERAL FUND OF THE GREAT UPDATE REBATE, THAT WOULD HE POSITIVE HE SHALL IT ILY ALLOW US TO DO MORE HOMELESSNESS PREVENTION IN SPITE OF THE FEDERAL RESTRICTIONS. I WOULD LOVE FOR US TO LOOK AT THAT BECAUSE IT JUST SEEMS TO ME THAT THE NEEDS, IF YOU LOOK ON PAJTZ 151 THROUGH 153, YOU HAVE THE HOMELESSNESS PREVENTION. YOU HAVE THE BOYS AND GIRLS CLUB, THE TEXAS MUSLIM WOMEN'S FOUNDATION, FAMILY PLACE. YOU KNOW, HOUSING REHAB, IT IT'S JUST SUCH A BIG SHARE OF THIS AT $1.1 MILLION. IT WOULD SEEM IF WE COULD FIND A WAY TO MOVE FUNDS AROUND THAT THAT WOULD BE BENEFICIAL INCLUDING TO OTHER NONPROFITS AS MENTIONED BY COUNCILMEMBER GRADY. THE LAST QUESTION ON THAT IS WOULD DECREASING THE HOUSING REHAB ALLOCATION IMPACT THE GRANT ADMINISTRATION CAP WHERE THAT'S JUST 20% UNDER THE CDBG AND 10% UNDER HOME, NO MATTER WHAT WE DO WITH THE REMAINING 20% OF THE FUNDS? >> IT'S THE 20 AND THE 10. THAT'S PER THE ADMINISTRATION. >> I DO HAVE A CLARIFICATION. I'M TRYING TO UNDERSTAND THE PURPOSE OF MOVING IT FROM REHAB FUNDS TO THE GREAT UPDATE REBATE. THE GREAT UPDATE REBATE HAS BEEN ONE OF THE REASONS IT'S SUCH A SUCCESS IS THAT IT REALLY IS A VERY EASY FLUTE PROGRAM THAT PELE CAN APPLY FOR. WE USE FEDERAL DOLLARS TO PUT IT TOWARDS GREAT UPDATE REBATE. ESSENTIALLY, WE'RE TAKING ALL OF THOSE REQUIREMENTS THAT WE HAD UNDER THE REHAB PROGRAMMING AND THEN APPLYING IT NOW TO GREAT UPDATE REBATE. ESSENTIALLY WE'RE MAKING IT A LOT MORE COMPLICATED TO RUN THAT PROGRAM THAN IT CURRENTLY IS. >> WHEN PEOPLE APPLY TO THE GREAT UPDATE REBATE, THERE WOULD BE A QUESTION OF WHAT IS YOUR CURRENT INCOME, AND THEY WOULD IFE S THAT SOMEBODY QUALIFIED, YOU KNOW, BOTH FOR THE GREAT UPDATE REBATE AND FOR HOUSING REHAB, AND WE MAY ALREADY BE DOING THIS BASED ON WHAT YOU WERE SAYING, BUT THEY WOULD GET NONE OF THEIR FUNDS THROUGH FUNDS ALLOCATED FROM THE GENERAL FUND THROUGH THE GREAT UPDATE REBATE BECAUSE FOR THAT FAMILY, WE COULD PAY FOR ALL OF IT THROUGH -- THA >> THAT IS WHAT WE DO RIGHT NOW. YES SIR. >> WHEN WE LOOK AT THE FUNDS THAT ARE GOING THROUGH THE GREAT UPDATE REBATE TO -- THAT ARE ALLOCATED FROM THE GENERAL FUND, NONE OF THOSE ARE GOING TO INDIVIDUALS OR FAMILIES WHO WOULD QUALIFY UNDER THE HUD HOUSING REHAB PROGRAM THROUGH CDBG? >> I'M NOT GOING TO SAY NONE OF THEM BECAUSE I DON'T THINK WE CAN GUARANTEE THAT. WE ARE TRYING TO FIGURE OUT WHETHER OR NOT THAT IS SOMETHNG THAT THEY WOULD BE INTERESTED IN HAD, AND IF WE CAN, WE'RE SWITCHING THEM TO THE REHAB PROGRAM VERSUS GREAT UPDATE REBATE. I'M >> I'M PROPOSING PEOPLE WOULD HAVE TO PROVIDE THAT INFORMATION, AND THOSE THAT KWUL FEW THROUGH CDBG WOU NOT RECEIVE ANY FUNDSLLOCED FROM THE CITY'S GENERAL FUND, WHICH MIGHT FREE UP FUNDS FROM THE GENERAL FUND FOR HOMELESSNESS PREVENTION AS A WAY TO KIND OF CIRCUMVENT THE 15% CAP UNDER THE CDBG. >> HOW TIME-SENSITIVE IS THIS? >> SO ESSENTIALLY IF WE DON'T ADOPT THIS EVENING, IT PAUSES ALL ALLOCATION OF THE CDBG AND HOME FUNDS UNTIL AN ACTION PLAN IS ADOPTED. >> IS THERE A WAY WE CAN GO AHEAD AND ADOPT THIS AND THEN COME BACK HERE IN THE NEXT SHORT PERIOD OF TIME TO COME UPND TALK ABOUT SOME OF THESE ALTERNATIVES THAT MIGHT BE GOOD IDEAS IN THE MEANTIME, BUT MAKE SURE WE ARE TEED UP. >> ONE OF THE THINGS THAT REALLY COMES BACK TO COUNCIL AT THIS POINT IS THERE'S BEEN A LOT OF DISCUSSION ABOUT HOMELESSNESS PREVENTION. THAT $1.9 MILLION, IF THAT IS REALLY THE CONCERN THAT STAFF HAS -- SORRY. COUNCIL HAS AT THIS POINT, WE WOULD LIKE TO TALK ABOUT THAT BECAUSE THAT ISN IMMEDIATE SOCE O FUNDS WITHOUT TAKING AWAY FROM OUR OTHER COMMUNITY PARTNERS AND FROM OUR OTHER RESIDENTS THAT NEED THE HOUSING REHABS THAT NEED OTHER SERVICE NEEDS AND TO BE ABLE TO TALK ABOUT THAT. IF THAT'S THE DIRECTION YOU WANT TO GO, WE ARE MORE THAN HAPPY TO HAVE THAT CONVERSATION IMMEDIATELY. SD >> TELL US WHAT YOU THINK WOULD BE A MEANINGFUL ALLOCATION OF THOSE FUNDS TO MAKE A DENT IN THIS? >> THE HOME -- >> I DON'T WANT TO HEAR AGAIN THAT WE'RE OUT OF FUNDS -- WE'RE OUT NOW. WE'VE BEEN OUT SINCE, WHAT, MAY? >> YES, MAY. >> RIGHT. THE COVID FUNDS WERE GONE TOO. ALL OF THAT FUNDING IS EXPENDED. >> YOU TELL US WHAT YOU THINK WOULD BE -- MAKE A MEASURABLE DIP. WE CAN WORK ON THAT. >> LET'S GO AHEAD AND -- IT'S THE WILL OF THE COUNCIL, BUT GO AHEAD AND GET THEM SECURED FOR YEAR THREE, AND BRING THIS BACK AND DO EXACTLY WHAT YOU ARE TALKING ABOUT, COUNCILMAN SMITH IS TO COME UM WITH RESOURCES FOR HOW WE WANT TO WORK WITH THAT MONEY THAT'S AVAILABLE. AGAIN, WE ARE AVAILABLE TO -- >> MOTION TO APPROVE. >> SECOND. >> THANK YOU. I HAVE A MOTION AND SECOND TO ADOPT A RESOLUTION FOR THE 2022-2023 ACTION PLAN. EASE VOTE. MOTION PASSES 7 -1. THANK YOU. >> THANK YOU. >> NEXT ITEM. >> ITEM NUMBER TWO, PUBLIC HEARING AND CONSIDERATION OF APPEALS OF THE PLANNING & ZONING COMMISSION'S DENIALS OF ZONING CASE 2022-007 WITH CONCEPT PLAN 2022-007. REQUEST FOR A SPECIFIC USE PERMIT FOR INDEPENDENT LIVING FACILITY ON 6.6 ACRES LOCATED ON THE NORTH SIDE OF PLAN PARKWAY, 420 FEET WEST OF NORTH DALLAS TOLLWAY ZONED REGIONAL COMMERCIAL AND LOCATED WITHIN THE DALLAS NORTH TOLLWAY OVERLAY DIST DISTRICT. >> HELLO AGAIN, MAYOR, COUNCIL, AND EXECUTIVES. I'M JOINED THIS EVENING BY CHRISTINA SEBASTIAN, THE MANAGER. THIS IS AN APPEAL OF TWOITEMS. FIRST OF ZONING CASE 2022-007. IT WOULD ALLOW INDEPENDENT LIVING -- INDEPENDENT LIVING FACILITIES ON 6.6 ACRES OF CURRENTLY VACANT LAND. ON THE PARCEL IS REGIONAL COMMERCIAL. THERE IS LIGHT INDUSTRIAL ZONING TO THE SOUTH ACROSS PLANO PARKWAY, AND THAT SURROUNDING ZONING TO THE WEST, NORTH, AND EAST IS ALSO REGIONAL -- IT'S TO REFLECT THE HIGH TRAFFIC VOLUMES AND HIGH VISIBILITY OF THE REGIONAL HIGHWAYS. SO THE OUTLINE IN YELLOW IS THE BOUNDARY OF THE SPECIFIC USE PERMIT REQUEST BEFORE YOU THIS ED PROBABLED TOED IN ORDER IS KBLGT EVERY CURRENTLY DEVELOPED WITH OFFICE AND PUBLIC STORAGE. THERE'S ALSO OFFICE DEVELOPMENT TO THE WEST AND THE SOUTH, AND THEN TO THE EAST IS THE SAME OWNERSHIP AND IS ALSO VACANT PROPERTY. THIS IS THE APPEALED CONCEPT PLAN. THERE ARE THREE LOTS, INCLUDING THE INDEPENDENT LIVING FACILITY, A HOTEL, AND RESTAURANTS. >> THE I WANTED PENT FACILITY LIVING USE IS CONSIDERED INSTITUTIONAL IN THE ZONING ORDINANCE. THE DEFINITION IS THAT INSTITUTIONSAL LIVING FACILITIES ARE RESIDENTIAL DEVELOPMENTS DESIGNED FOR NEEDS OF ELDERLY PERSONS AND MAY INCLUDE CONVENIENT SERVICES. THAT IS A SUMMARY OF THE DEFINITION. IT DOES REQUIRE THAT THE HEAD OF HOUSEHOLD IS AT LEAST 55 YEARS OF AGE TO LEASE A UNION OUT. THE COMPREHENSIVE PLAN LISTS FACILITI AS MULTI-FAMILY HOUSING FOR THE WAY THE HOUSING MATRIX IS ANALYZED UNDER THE LAND USE MIX. THIS PIECE OF LAND IS WITHIN THE EXPRESSWAY CORRIDOR A FUTURE LAND USE CATEGORY. UNDER THE COMPREHENSIVE PLAN, THE PRIORITY OF THAT CATEGORY INCLUDE PROTECTING SENSITIVE LAND USES IN ENVIRONMENTAL HEALTH AREAS AND LIMITING RESIDENTIAL USES TO REDEVELOPMENT OF UNDER-PERFORMING COMMERCIAL AREAS. IT DOES RECOGNIZE THE NEED FOR RESIDENTIAL USES, BUT PRIORITIZES THOSE FOR REDEVELOPMENT. ACCORDING TO THE LAND USE AND HOUSING INVENTORY OF THE CITY, THIS PARCEL IS DESIGNATED, UNDEVELOPED, AND AS AN EMPLOYMENT USE IN THE FUTURE BASED ON THE EXISTING ZONING. HOW THAT SHAKES OUT WHEN YOU RUN THE NUMBERS ON THE ISTI, THE COMPREHENSIVE PLAN IN THIS LAND USE CATEGORY RECOMMENDS 98% TO 100% EMPLOYMENT TYPE WITH ALLOCATION OF UP TO 2% HOUSING. EXISTING CONDITIONS YOU SEE ARE 0.7% HOUSING TYPES. THIS WOULD RAISE THAT TO 1.6, WHICH WOULD STILL BE WITHIN THE DESIGNATED RANGE. WHEN YOU LOOK AT THE HOUSING MIX, IT CALLS FOR BETWEEN 0% AND 15% OF DETACHED SINGLE FAMILY, ATTACHED SINGLE FAMILY, AND MULTI-FAMILY SHOULD BE IN THE RANGE OF 70% TO 85% AS THE MIX OF HOUSING TYPES WITHIN THE DISTRICT. THE THE CHALLENGES OF THE HOUSING IN THIS AREA IS 100% MULTI-FAMILY HOUSING WITH NO SINGLE-FAMILY TYPES. THAT IS A CONFLICT WITH THE LAND E MIX. A COMPREHENSIVE PLAN HAS DESIRED CHARACTER DEFINING ELEMENTS, AND THESE GUIDE DEVELOPMENT FORM THROUGH THE COMPREHENSIVE PLAN. IT DOES MEET THE VAST MAJORITY OF THOSE. THERE IS A SLIGHT DIFFERENTIATION WHEN IT COMES TO INTENSITY. THEY ARE NOT MEETING THE -- WHAT'S ESSENTIALLY LOT COVERAGE, AND THAT COULD BE REMEDIED THROUGH THE USE OF A PARKING GARAGE. IT'S ESSENTIALLY TRYING TO CREATE A MORE EFFICIENT USE OF LAND BECAUSE OF THE SCARCITY OF LAND, AND THEN MICRO-MOBILITY IS ANOTHER AREA WHERE WE SAW AN OPPORTUNITY THAT WAS NOT ALIGNED BECAUSE THIS AREA IS NOT SERVED BY A BIKE ROUTE OR A TRAIL SO THAT CONNECTION THAT'S DESIGNATED BY THE PLAN IS LACKING SOME THERE. THIS PIECE OF LAND IS ALSO WITH THE ENVIRONMENTAL CORRIDOR, OR THE EXPRESSWAY CORRIDOR AND HEALTH AREA ONE, SO THAT IS THE LESS STRINGENT OF THE TWO AREAS. THAT ALLOWS THE NOISE LEVELS BETWEEN 65 AND 75 DECIBELS. THIS PROPERTY'S NOISE LEVELS RANGE PER THE APPLICANT STUDY BETWEEN 69.4 AND 71.7. THEY HAVE PROPOSED MITIGATION, AND THE POLICY DOES STATE THAT SENSITIVE LAND USES IN THIS AREA CAN BE APPROPRIATE IF SATISFACTORY MILT RELEGATION IS ACHIEVED. THAT'S THE TYPE OF DETERMINATION THAT WE SHOULD BE LOOKING TO MAKE IS SATISFACTORY MET RELEGATION BEING ACHIEVED. THERE ARE A NUMBER OF ITEMS THAT ARE PROPOSED IN THE COMPREHENSIVE PLAN FOR MITIGATION, MOVING THE BULDING FURTHER AWAY FROM THE HIGHWAY ON THE PROPERTY. PLACING ANOTHER BUILDING BETWEEN THE SENSITIVE LAND USE AND THE HIGHWAY. THEY HAVE UTILIZED THE WESTERN O IN THAT REGARD IT IS FURTHER AWAY. HOWEVER, THE BUILDING IS AS DISCUSSED AT THE PLANNING COMMISSION MEANING NOT AS FAR AWAY AS POSSIBLY COULD BE. THERE ARE OTHER BUILDINGS PLANNED FOR THE EASTERN FRONTAGE, BUT THE PHASING DOES NOT REQUIRE THAT THOSE BUILDINGS ARE BUILT PRIOR TO THE HOUSING BEING CONSTRUCTED. WE'RE NOT SURE WHEN THAT MITIGATING FACTOR MAY COME INTO PLAY. THE OPEN SPACE IS BEING PROPOSED AWAY FROM THE HIGHWAY, WHICH IS IN CONFORMANCE OF THE CITY'S POLICY. HOWEVER, THERE ARE BALCONIES BEING PROPOSED ON THE TOLLWAY FACING SIDE. THEY ARE JULIET BALCONIES, SO THEY'RE NOT REALLY FUNCTIONAL BALCONIES, BUT THEY ARE LARGE SLIDING DOORS THAT INVITE PEOPLE TO OPEN THEM AND HAVE ESSENTIALLY ACCESS OF THE HIGHWAY FRONTAGE. THE OTHERS ARE AIR FILTRATION VENTS. THOSE ARE NOT BEING PROPOSED. HOWEVER, BUILDING MATERIALS, THERE IS A STIPULATION REGARDING INTERIOR NOISE. THIS DOES NOT MEET THE MIX OF USES. IT DOES REQUIRE FINDINGS, AND SO THAT IS DUE TO THE REDEVELOPMENT AND GROWTH ACTION NUMBER ONE. THERE ARE SOME OTHER POLICY THAT IS APPLY HERE. THE CITY DOES HAVE A SPECIAL NEEDS HOUSING POLICY. IT SAYS THAT PLANO WILL ACCOMMODATE SENIOR AND SPECIAL NEEDS HOUSING THROUGH INCLUSIVE REGULATIONS AND GOALS STATED IN THE COMPREHENSIVE PLAN. THERE ARE SIX ACTIONS TOWARDS THAT END STATED IN THE COMPREHENSIVE PLAN. THIS DEMONSTRATES THERE IS A NEED HERE FOR -- NEED IN THE COMMUNITY FOR SENIOR HOUSING. THIS WOULD HELP MEET THAT NEED. IT STATES THAT PLANO WILL RESERVE OUR UNDEVELOPED LAND FOR DWOEMT THAT'S DISTINCTIVE AND PRIORITIZED BUSINESSES OFFERING SKILL DEVELOPMENT BECAUSE WE HAVE VERY LIMITED UNDEVELOPED LAND THAT NEW HOUSING IN THOSE AREAS WILL BE CONSIDERED APPROPRIATE WHERE IT'S CONSISTENT WITH THE FUTURE LAND USE MAP AND OTHER COMPREHENSIVE PLAN STANDARDS, AND THAT IS THE STANDARD LAID OUT BY THE COMPREHENSIVE PLAN. WE ALSO HAVE A HOUSING TREND ANALYSIS AND STRATEGIC PLAN THAT OFFERS INFORMATION ABOUT THE NEEDS OF OUR AGING POPULATION, THAT THEY'RE SEEKINGIVERSE HOUSING OFFERING ANDHEY ARE SEEKING AFFORDABLE HOUSING. THAT IS IN SUPPOR OF THIS REQUEST. DUE TO THE COMPREHENSIVE PLAN POLICY SUMMARY, WE HAVE A NUMBER OF POLICIES OR STUDIES THAT ARE NOT IN SUPPORT. THERE ARE THE SPECIAL HOUSING NEEDS POLICY THAT DOES SUPPORT, AND THEN THE HOUSING TRENDS ANALYSIS PROVIDES SORT OF A NEUTRAL ASSESSMENT BOTH SUPPORT AND SOME OTHER ITEMS THAT ARE NOT DIRECTLY IN SUPPORT. THESE ARE THE SUP RESTRICTIONS THAT ARE BEING PROPOSED. IT'S A MAXIMUM NUMBER OF 200 UNITS. BUILDING, FOUR STORIES AND 47 FEET. YOU SEE THE USEFUL OPEN SPACE IS BEING SPECIFIED ALONG WITH BALCONIES BEING LIMITED TO BEING A JULIET STYLE, WHICH IS NO OUTDOOR SPACE, WHERE JUST A SLIDING DOOR WITH A BARRIER. AND NOISE MITIGATING MATERIALS TO INSURE THE INTERIOR NOISE LEVELS NEED 45 DBA. WITH THAT. WE HAD ONE RESPONSE FROM THE PROPERTY OWNER, AND THAT COVERS THE PROPERTY ITSELF AND 33.4% OF THE SURROUNDING AREA, AND THAT WAS THE ONLY RESPONSE WITHIN 200 FEET. TOTAL RESPONSES RECEIVED, WE HAD 60 UNDUPLICATED PROPERTIES 43 IN SUPPORT, AND 16 IN OPPOSITION WITH ONE NEUTRAL. THIS IS SUBSTANTIAL CHANGE FROM THE PLANNING AND ZONING COMMISSION. THEIRS WAS A LITTLE MORE BALANCED. 25 ON THE FOLLOW-UP MEMO. 25 IN SUPPORT, AND PERHAPS 17 IN OPPOSITION. THAT MAY HAVE BEEN ONE THAT WAS A DUPLICATE RESPONSE. IT DOES REIRE A SUPERAJORITY OF THE CITY COUNCIL OR SIX COUNCIL MEMBERS TO APPROVE THE ZONING CASE, AND THEN THE CONCEPT PLAN THAT IS ALSO APPEALED, SO JUST REQUIRES A SIMPLE MAJORITY. HOWEVER, IT IS STILL SUBJECT TO THE ZONING BEING APPROVED BECAUSE IT WILL NOT BE CONSISTENT WITH THE CITY'S -- WITH THE ZONING UNLESS THE ZONING IS APPROVED. >> ANY QUESTIONS FOR CHRISTINA? THANK YOU. I'LL EP ON THE PUBLIC HEARING. >> WE DO HAVE SPEAKERS. THE APPLICANT IS HERE. DOES YOU HAVE A PRESENTATION? CHRISTINA? THERE YOU GO. I SHOULD HAVE LOOKED UP. >> GOOD EVENING MAYOR, COUNCIL MEMBERS. I'M CASEY BUMP. WE ARE THE PROPOSED APPLICANT FOR THIS COMMUNITY. MARI POS A PLANO PARKWAY. WE ARE A STATEWIDE DEVELOPER. WE DEVELOP AND MANAGE OUR OWN COMMUNITIES. A NUMBER OF THEM WE RANGE FROM 100% AFFORDABLE TO MIXED INCOME TO MARKET RATE. THIS PARTICULAR WE ALSO END UP PARTNERING WITH LOCAL COMMUNITY ORGANIZATIONS, IN THIS CASE APARTMENT LIFE, THAT WILL BE ON SITE ASSISTING WITH CREATING COMMUNITY AT OUR PARTICULAR LOCATION. IN THIS PARTICULAR CASE WE ARE PROVIDING PROPOSING A 200 UNIT MIXED INCOME COMMUNITY THAT WILL HAVE 125 AFFORDABLE UNITS AND 75 MARKET RATE. THAT MEANS THAT THE AFFORDABLE UNITS WILL BE SERVING THOSE ON FIXED INCOME IN THE COMMUNITIES AND THAT WILL BE IN LINE WITH THOSE THAT MAY BE STRUGGLING WITH UTILITIES OR ANYTHING ELSE THAT YOU WERE TALKING ABOUT EARLIER. THE REMAINING 75 UNITS WILL BE FOR ANYONE AT MARKET RATE. WE CAN SERVE THE ENTIRE INCOME RANGE. WE DO IN THIS CASE HAVE A NUMBER OF AMENITY-RICH PACKAGES. THIS IS MEANT FOR PEOPLE TO COME AND LIVE OUT THEIR YULZ. IT IS INDEPENDENT LIVING. NO FOOD. IT WILL HAVE EVERYTHING FROM POOL TO ACTIVITY CENTERS, TO TOOITS, TO JUST EVERYTHING YOU CAN THINK OF FOR AN ACTIVE ADULT TO IN A RETIREMENT LIFE. IN A LOT OF CASES CLOSE TO THEIR CHILDREN THAT LIVE IN THIS COMMUNITY OR IF THEY WANT TO AGE IN PLACE ANDOVE OUT OF A SINGLE FAMILY HOME AND LIVE IN THIS COMMUNITY. IT'S ALSO A GREAT OPTION. IT'S ON A SITE THAT HAS HAD NOTHING HAPPEN IN A NUMBER OF YEARS, AND ONE THING THAT WE HAVE BEEN GIVEN P PEAEDBACK OF IS WHAT WILL IT LOOK LIKE? THESE ARE PHOTOS OF SOME OF OUR M MA RIPOSA COMMUNITIES. THESE ARE SOME OF THE INTERIORS. THESE ARE FROM OUR MIXED INCOME COMMUNITIES WHERE WE HAVE EVERYTHING FROM A BABY GRAND TO AREAS WHERE YOU CAN HAVE POT LUCK MEALS SXOO ACTIVITIES. THIS IS A RENDERING AND THE CONCEPT SITE PLAN. WE WOULD BE OPEN TO -- WE KNOW THIS IS AN IMPORTANT TRACK TO -- WE'VE BEEN TOLD IT'S THE GATEWAY TO THIS AREA, AND WE THINK IT WILL BE SOMETHING THAT WILL LOOK NICE? WE ARE LONG-TERM OWNERS IN THIS PARTICULAR CASE. WE'RE NOT BUILDING THIS TO SELL. WE ARE BUILDING THIS TO BE HERE FR THE NEXT 40 OR 50 YEARS. HOW DO WE DO THAT? ALIGNMENT OF T PROGRAM THAT WE USE, AND, NUMBER TWO, FOR BONNER CARRINGTON'S PERSPECTIVE, I STARTED AS AN INTERN 22 YEARS AGO. OUR CEO AND FOUNDER IS SETTING UP THE LONG-TERM OWNERSHIP PLAN SO THAT ME AND HIS CHILDREN CAN TAKE IT AND THEN WE WILL PASS IT ON THAT GENERATION. WE'RE NOT BUILDING THIS TO FLIP IT. STATISTICAL LIKELIHOOD THAT YOU'LL BE CALLING ME IF THERE ARE ANY CHALLENGES YOU FACE OR IF YOU WANT TO CELEBRATE THIS COMMUNITY. ONE THING IS A COUPLE OF BRIGHT TURNS. YOU DON'T HAVE TO TURN OUT THIS PLACE TO HAVE ACCESS TO A PLETHORA OF RETAIL AND LIFE THAT'S HAPPENING. NOT ONE LEFT TURN IN THAT. YOU MAKE A RIGHT TURN AND COME ALL THE WAY BACK AROUND. AMBIENT NOISE LEVELS, WE HAVE EVERYTHING UNDER 65 DECIBELS. WE COULD HAVE CRAMS EVERYTHING OVER TO THE LEFT SIDE, BUT WE THINK THAT HAVING THE COURTYARD, WHICH IS INSANELY POPULAR FOR OUR ACTIVE ADULTS, IS KEY. THEN THE JULIET BALCONIES WILL HAVE GLASS AND EVERYTHING THAT WILL LIMIT THE SOUND WITHIN THE N IT IF YOU DON'T WANT TO. THESE ARE SOME EXAMPLES OF WHERE THE SPECTRUM OF NOISE WOULD BE. IT'S REALLY RELATIVELY MINIMAL BEING WE'RE IN THE 70 RANGE, WHICH LOOKS LIKE A CLASSROOM CHA CHATTER. >> THIS LOOKS LIKE A -- YOU CAN SEE MR. CARR AS WELL. BASICALLY WE TALK TO ZACH AND HIS GROUP LAST WEEK, LATE LAST THE WEEK BEFORE THAT, ACTUALLY. THEY TOLD ME ABOUT THIS PROJECT, AND WANTED US TO KIND OF GIVE IT A SHOT AND SEE IF WE COULD SEE THIS COMP PLAN IN ANOTHER WAY, BASICALLY. WE UNDERSTAND WHAT WAS IN THE STAFF REPORT, AND WE JUST WANTED TO SEE THERE WERE OTHER PERSPECTIVES AS WE LADY THROUGH IT. IN MI MIND YOU THINK ABOUT ALL THE USES THAT ARE ON THE PERMITTED USE CHART THAT HAVE THE OPPORTUNITY TO GO BY THIS PIECE OF PROPERTY AT THAT PRICE POINT, BUT THEY'RE NOT THERE. THEY'RE NOT DEVELOPING. WHY IS THAT? IT'S CHANGED A LOT, AND IT TOOK TIME TO SIT IN AND READ, RE-READ, AND READ AGAIN AS MY KIDS WERE PLAYING IN THE LIVING ROOM AT THE SAME TIME. IT WAS GREAT. 1.1. PRINCIPLE 2.1 AND 3.1 THEY ALL SPEAK TO THIS REQUEST. YOU COULD MARRY THE THREE TOGETHER AND START TO FORM A LENS, LIKE THE COMP PLAN CHALLENGES YOU TO. WHERE DO I GO FROM THERE? THEN I WENT TO HOW TO READ THE DASHBOARD. I STARTED WITH THAT PAGE. AFTER READING THROUGH, I PAUSED ON THE FOLLOWING LANGUAGE. THIS IS RIGHT THERE ON THE WEBSITE. IT SAYS AS PLANO IS MOSTLY DEVELOPED EXISTING CONDITIONS ARE NOT PARTICIPATED TO ALIGN PERFECTLY WITH THE DASHBOARDS. INDIVIDUAL SITES UNDER THE SAME CATEGORY WILL DEVELOP THEIR OWN UNIQUE MIX, CHARACTER, AND FLAVOR. SMALL AREA PLANS ARE CONSIDERED AN EXTENSION OF THECOMP PLAN AND MAY BE USED TO FURTHER REFINE THE DMUNT'S VISION FOR SPECIFIC LOCATIONS WITHIN THE CITY. IF THERE ARE CONFLICTS WITH THE DASHBOARDS OF THE EXISTING SMALL AREA PLAN, CONTROLS DUE TO THE EXTENSIVE PUBLIC OUTREACH AND ADDITIONAL DETAIL WITHIN THOSE PLANS. SAP, SLL AA PLANS, WHERE ARE THESE? I SPENT SOME TIME TRYING TO FIGURE OUT WHERE THESE WERE. IT WAS KIND OF DIFFICULT TO UNDERSTAND WHAT THESE WERE, AND SO WE PUT IN A CALL TO STAFF AND GOT SOME DIRECTION THERE. ONE OF THE MEMBERS OF THE COMPREHENSIVE TEAM KIND OF DIRECTED ME TOWARDS THE RESOURCES PAGE, AND SO WE'RE TALKING ABOUT SOME OF THE OTHER AREAS THAT WERE DISCUSSED IN THIS REPORT LIKE THE CONS CONSOLIDATED PLAN FROM 2020 TO 2024. THE ENVIRONMENTAL HEALTH STUDY. THAT IS A BIG PART OF THE STASH REVIEW, AND THE HOUSING TRENDS ANALYSIS AND STRATEGIC PLAN. I THINK YOU CANEE THAT TWO DIFFERENT WAYS. SOME OF THE CONSTRAINTS THAT YOU SEE ON THE PAGE, THIS IS A PHOTO THAT YOU SEE TRAVELING SOUTHBOUND ON THE DALLAS TOLLWAY. HERE YOU ARE ON THE SKY BRIDGE EXITING TO GO TO EITHER EAST OR WEST ON THE GEORGE BUSH TOLLWAY. YOU CAN SEE IT DOESN'T REALLY -- PICTURES NEVER DO JUSTICE. YOU CAN SEE HOW FAR DOWN I'M POINTING TO THE PROJECT SITE. YOU CAN SEE WHY PEOPLE DON'T COMMERCIAL WORLD THEY'RE NOT LOOKING ATHISITE FOR ARE THAT APPROXIMATE YOU WERE. SDMRU HAVE TO BE SENSITIVE TO THROW YOURSELF INTO THIS CATEGORY, BUT IF YOU WERE TO USE THE LOT COVERAGE PREFERENCE AND YOU WERE A SENSITIVE USE, ONCE YOU GET INTO THE 60%, 70% RANGE TO A REASONABLE DEGREE, YOU'RE NOT GOING TO AVOID GETTING TO THE EHA1 AREA. YOU'RE NOT GOING TO AVOID THAT. YOU'RE GNG T DEAL WITH THAT ISSUE NO MATTER WHAT YOU DO. THAT'S A BIT OF A CONSTRAINT. >> THE CONCEPT OF UNDERPERFORMANCE IS ONE THING THAT I WANTED TO NOTE. OF COURSE, IT'S PRETTY CUT AND DRY BASED ON WHAT THE COMP PLAN SAYS. IT'S IN THE CONTEXT OF REDEVELOPMENT. IF YOU SEE, IT SAYS REDEVELOPMENT OF COMMERCIAL CENTERS OR COMMERCIAL AREAS. WELL YOU CAN STRETCH THAT AND TAKE WHAT THE PLAN IS TELLING YOU, UNDERSTAND IT, AND YOU CAN UNDERSTAND THIS MIGHT BE A DIFFERENT SWEARINGS. YOU CAN THINK UNDERPERFORMANCE. WELL, THE PROPERTY HAS BEEN UNDEVELOPED SINCE IT'S BEEN RANCH LAND FOR DECADES. IT'S KIND OF UNDERPERFORMING IF YOU LOOK AT IT FROM THAT PERSPECTIVE. IT'S NOT PRODUCING SALES TAX. IT'S NOT LIMITING ANYBODY. IT'S SITTING THERE UNDEVELOPED. REALLY WHAT YOU DON'T WANT TO DO IS KIND OF PROLONG AN INFILL SCENARIO. IT'S CONSTRAINED FOR VARIOUS REASONS. WE'LL MOVE ON TO THIS PORTION. LET'S GO BACK TO THE STATEMENT HERE THAT -- AND HOW TO READ THE DASHBOARDS AND THIS IS WHAT YOU ARE LOOKING AT. IT GOES BACK TO THE LENSES THAT COUNCIL WILL FORM AND MARRYING THE GUIDING PRINCIPLES AND FORMING KIND OF YOUR THOUGHTS ON THIS SITE. IF MYSELF AS PLAINER, STAFF, HISTORICALLY, THEY LOOK AT IT THROUGH ONE LENS, THROUGH ONE PERSPECTIVE. YOUR LENS MIGHT BE SKEWED, AND YOU MIGHT START TO LOOK AT THIS FROM KIND OF A DIFFERENT BASE FROM ONE ANOTHER. THAT'S IMPORTANT TO POINT OUT AS IT RELATES TO THE STATS PERSPECTIVE. THEY FORM THOSE, AND THAT'S FINE. WHEN I READ THROUGH THAT, AND AFTER A COUPLE OF HOURS OF SITTING WITH THE PLAN, THE REDEVELOPMENT AND GROWTH MANAGEMENT POLICY ACTION ONE KIND OF POPPED IN MY MIND. IT WASN'T NOTED IN THE STAFF REPORT. IT STOPS RIGHT BEFORE IT GOES ON. IT IDENTIFIES THIS VERBIAGE, AND IT GOES ON TO SAY THE PRINCIPLE IS DESIGNED FOR PROPOSALS THAT DO NOT STRICTLY FORM TO THESE CRITERIA. YET ARE FOUND CONSISTENT WITH THE GUIDING PRINCIPLES OF THE COMP PLAN. THIS APPEARS TO BE ONE OF THOSE OCCASIONS. I'LL TURN IT BACK OVER TO THE DEVELOPER. >> HOW ARE YOU DOING? I'M ANOTHER REPRESENTATIVE WITH THE DEVELOPER. I THINK THAT WE HAVE TO BACK UP AND SAY WHY DID WE CHOOSE THIS SITE? THERE ARE THREE DIFFERENT POLICIES WE LOOKED AT TO CHOOSE THIS SITE. THE PLANO COMPREHENSIVE PLAN, THE CITY OF PLANO'S AFFORDABLE HOUSING POLICY TO GET RESOLUTIONS OF SUPPORT, AND THE TEXAS DEPARTMENT OF HOUSING COMMUNITY DEVELOPMENT QUALIED ACTI PLAN THAT DECIDES WHERE A TAX CREDIT HOUSING IS SITUATED. WE MEET A LOT OF THE GOALS FROM ALL THREE OF THESE DIFFERENT POLICIES, AND I'LL GO OVER A FEW OF THEM. IN TERMS OF THE PLANO RESOLUTION SUPPORT POLICY, WE WERE THE HIGHEST SCORING PROPOSAL. WE SCORED 91 OUT OF 100 ON THE POLICY THAT THE CITY COUNCIL PASSED. WE INCLUDED 5% OF MARKET RATE UNITS, WHICH IS THE MOST BY PERCENTAGE AND THE MOST BY NUMBER. WE THINK THAT'S REALLY IMPORTANT BECAUSE WE BELIEVE IN A MIXED INCOME COMMUNITY. THE ENTIRE IS HE IT OF PLANO. WE ALSO COMMITTED TO ENERGY EFFICIENCY AND SUSTAINABLE BUILDING PRACTICES. OUR PROPOSED RENTS ARE BELOW MARKET. EVEN FOR THE UNRESTRICTED MARKET RATE UNITS. THEY DO FALL A HAIR UNDER THE MARKET RATE UNIT BECAUSE THEY DON'T REQUIRE THINGS LIKE A MEAL PLAN AND FOOD SERVICES AND THINGS LIKE THAT. IT'S REALLY SERVING AN UNDER SERVED PART OF THE SENIOR COMMUNITY THAT MAYBE CAN'T AFFORD TO BE IN THAT FULL SERVICE COMMUNITY. WE MEET THE 2020 TO 2024 CONSOLIDATED PLAN. THE COST BURDEN ON WEST PLANO AS A SUBMARKET SPECIFICALLY IS EXTREMELY HIGH, AND THIS LEADS US TO WHY WE ALSO PICK THIS SITE BECAUSE WE ARE THE FURTHEST AWAY FROM ANY OTHER EXISTING AFFORDABLE HOUSING IN THE CITY OF PLANO. WITH THAT IS A PART OF THE TEXAS OF HOUSING COMMUNITY AFFAIRS POLICY BECAUSE WE'RE IN AN UNDERSERVED AREA. WE ARE IN AN AREA THAT IS NOT SERVICED FOR AFFORDABLE HOUSING IN THE CENSUS TRACK WE ARE LOCATED IN. IN ALL OF THE SURROUNDING TRACK, WHICH MEANS THERE'S A MASSIVE DEMAND FOR AFFORDABLE HOUSING IN THAT AREA. EVERY STUDY WE LOOK AT TO SEE WHERE TENANTS OF AFFORDABLE HOUSING COME FROM, THEY COME FROM ZIM ZIP CODES YOU COME FROM OR SURROUNDING ZIP CODES UP TO 75% OF TENANTS. AS IT COMES TO THE COMPREHENSIVE PLAN, WE BELIEVE IN THE LONG-TERM OWNERSHIP OF OUR COMPANY, HIGH QUALITY DEVELOPMENT. WE ALSO MEET THE SPECIAL HOUSING USE POLICY, WHICH WE BELIEVE SHOULD BE A REALLY STRONG FACTOR IN LOOKING AT THIS POLICY. FINALLY, WHEN YOU LOOKED AT THE PLANO COMPREHENSIVE PLAN, IT WAS PASSED WITH A CERTAIN NUMBER OF DEVELOPMENT SCENARIOS, AND IN THOSE DEVELOPMENT SCENARIOS ONE OF THEM ACTUALLY LOOKED AT THE EXPRESSWAY CORRIDOR AND DALLAS NORTH TOLLWAY. THAT EXPRESSWAY CORRIDOR, IT WAS STATED THAT IT COULD SUPPORT UP TO 320 ADDITIONAL MULTI-FAMILY UNITS IN THAT CORRIDOR. THE REASON THAT WE ARE DISFAVORED ON THE FUTURE LAND USE DASHBOARD IS BECAUSE NO SINGLE FAMILY HOUSING HAS BEEN PROPOSED IN THE EXPRESSWAY CORRIDOR. WE LOOKED AT EVERY PIECE OF LAND ALONG THE EXPRESSWAY CORRIDOR. WE JUST DON'T SEE AN OPPORTUNITY FOR SINGLE FAMILY ATTACHED OR DETACHED HOUSING THAT IS GOING TO BE PROPOSED NOW OR IN THE FUTURE. THAT TIME? TWO MORE MINUTES. WE LOOK AT THAT, AND WE SAY IT'S SETTING US UP. WE'RE NOT PROVIDING A PIECE OF PROPERTY. WE'RE NOT PROPOSING A DEVELOPMENT IN THE MIDDLE OF SINGLE FAMILY HOMES. WE'RE PROPOSING A DEVELOPMENT IN CONTEMPLATEDO HAVE FURER SINGLE -- OR MULTI-FAMILY DEVELOPMENT IN THAT CORRIDOR AS WE WELL. EST DIFFICULT TO FIVE FIND SUCH LITTLE OPPOSITION. WE TRY TO AVOID PLACING THESE OPERES TO NEXT TO SINGLE FAMILY HOMES. IF YOU LOOK AT THE MAP THAT SHOWS TWO SIGNED UP IN SUPPORT OF OUR PROJECT ON THE PLANO DASHBOARD, WE HAVE THE NEIGHBORING LANDOWNER ACROSS THE STREET SIGNED UP, AND WE ALSO HAVE NO OPPOSITION FROM THE ENTIRE NEIGHBORHOOD DIRECTLY ACROSS FROM THE TOLLWAY. I THINK IT SHOWS THAT WHILE THIS MAY NOT NECESSARILY MEET EVERY ELEMENT OF THECOMPREHENSIVE PLAN, IT'S VERY DIFFICULT TO FIND A PROPOSED HOUSING DEVELOPMENT IN PLANO THAT'S GOING TO HAVE THIS LITTLE OPPOSITION, AND I THINK YOU'VE SEEN THAT IN TE RECENT HISTORY ESPECIALLY WITH THIS SPRENSIVE PLAN. WE'RE AVAILABLE FOR QUESTIONS. THANK YOU. >> ANY QUESTIONS FOR THE APPLICANTS? THANK YOU. DO WE HAVE ANY MORE SPEAKERS? >> WE DO. NEXT SPEAKER IS HENLEY BILLI BILLINGSLY. >> MR. MAYOR, COUNCIL MEMBERS, CITY MANAGER. MY NAME IS HENRY BILLINGSLY. I'M WITH BILLINGSLY COMPANY. WE OWN ABOUT 200 ACRES IN THE IMMEDIATE AREA OF THIS PROPERTY IN THE CITY PLANO. WE HAVE SIGNIFICANT HOLDINGS IN THE AREA. SINCE 2000 WE'VE BUILT NINE OFFICE BUILDINGS IN THE IMMEDIATE AREA IN PLANO, FROM TWO STORIES TO FIVE STORIES. WE'RE CURRENTLY BUILDING A FIVE-STORY 251,000 SQUARE FOOT BUILDING IMMEDIATELY NORTH EVERY NORTH OF THIS PROPERTY. HE ALSO OWN A BUILDING IMMEDIATELY SOUTH OF THE BUILDING, AND ONE WEST OF THE BUILDING. WE ARE AN AFFECTED NEIGHBOR, AND WE HAVE A SIGNIFICANT INVESTMENT IN THIS AREA, AND WE'RE NOT HERE TO SAY THAT AFFORDABLE HOUSING IS BAD. IT'S GOOD. WHAT WE'RE LEER TO TALK ABOUT IS THIS AN APPROPRIATE AREA FOR AFFORDABLE HOUSING? WHEN YOU LOOK AT THE AREA ON THE HAND-OUT THAT I HAD, YOU CAN SEE THAT THE MAJOR ENTRANCE OFF OF THE TOLL ROAD INTO THIS ENTIRE COMMERCIAL AREA IN THE CITY OF PLANO IS ON PLANO PARKWAY. THIS IS THE GATE TO THE ENTIRE AREA. I DON'T THINK THAT -- AND I THINK IF YOU LOOK AT YOUR COMPREHENSIVE LAND PLAN, RESIDENTIAL PROPERTY, WHETHER IT'S SINGLE FAMILY OR MULTI-FAMILY OR AFFORDABLE IS NOT AN APPROPRIATE ENTRY FEATURE INTO WHAT IS BASICALLY A LARGE OFFICE AREA OR OFFICE AND COMMERCIAL AREA. I THINK THAT LONG-TERM, IF YOU END UP HAVING AN AFFORDABLE HOUSING OR ANY KIND OF RESIDENTIAL PROJECT THERE RIGHT AS DRIVE INTO THIS OFFICE AREA 'S GOING TO HURT THE LONG-TERM VALUES. AS TO THE USE OF THIS PROPERTY I BOUGHT 70 ACRES OF THIS FROM THE CURRENT OWNER'S FATHER IN 1970. DR. CREYMER. HE PAID $25 AN ACRE. THEY'RE IN GOOD SHAPE AS FAR AS COST BASIS. WE'VE BEEN VERY SUCCESSFUL IN BUILDING OFFICE BUILDINGS IN THIS AREA. WE'VE BUILT THEM. THEY'RE GOOD-LOOKING. THEY LEASE. ALL THE PROPERTY THAT WE HAVE IN THIS AREA, AND I'VE BEEN IN THIS BUSINESS OVER 50 YEARS, UNFORTUNATELY, OF ALL THE PROPERTY WE HAVE IN THIS AREA, THERE'S NOT A SITE AS GOOD AS THIS SITE. THE SITE RIGHT AT THE ENTRANCE TO THE TOLL ROAD AND PLANO PARKWAY IS THE BEST OFFICE AREA OR THE BEST OFFICE SITE IN THE ENTIRE AREA. THE AREAS THAT WE'VE DEVELOPED RIGHT ACROSS THE STREET HAVE WORKED FINE. I WOULD SAY STICK TO THE COMPREHENSIVE PLAN ARE. THAT'S THE BEST FOR PLANO. IT'S THE BEST FOR OWNERS IN THE AREA, AND IT'S THE BEST FOR THIS PROPERTY. THANK YOU VERY MUCH. HAPPY TO ANSWER ANY QUESTIONS. >> WE HAD A PROGRAM THAT HELPS WITH THAT. WE PLACE COUPLES FROM LOCAL CHURCHES THAT LIVE IN THESE APARTMENT COMMUNITIES, AND THEY ARE LIKE THE WELCOME WAGON. THEY GREET EVERY NEW RESIDENT WHEN THEY COME IN. THE COMMUNITY TOGETHER, AND THEY ACTIVELY LOOK FOR WAYS TO SERVE THEIR NEIGHBORS AND MEET PRACTICAL NEEDS. AS THEY DO THIS, IT CREATES THIS ONE OF A KIND STICKY COMMUNITY WHERE PEOPLE, LIKE, I KNOW MY NEIGHBORS, AND I FEEL CONNECTED, AND IT CHANGES LIVES. HERE IN PLANO WE'VE WORKED WITH SEVERAL DIFFERENT COMMUNITIES, AND SEVERL DIFFERENT CHURCHES, INCLUDING FIRST BAPTIST PLANO, PRESTONWOOD, PRESTON TRAIL, CHASE OAKS, AND REALLY THIS LOCATION FOR UTO HAVE AN EAL - ACTIVE COMMUNITY. FOR THE LAST 16 YEARS WE'VE PARTNERED WITH BONNER CARRINGTON, AND I CAN TELL YOU THAT THEY GENUINELY, GENUINELY CARE FOR THEIR RESIDENTS. TWO THINGS IN PARTICULAR IMPRESSED ME ABOUT THIS COMPANY. ONE, THEY DON'T HAVE TO USE APARTMENT. THIS IS TOTALLY VOLUNTEER. THEY USE US ON EVERY SINGLE ONE OF THEIR COMMUNITIES BECAUSE THEY REALLY CARE FOR THEIR RESIDENTS. THE SECOND THING TAT I REALLY LIKE ABOUT THIS COMPANY IS THEY'RE NOT MERCHANT -- THEY'RE NOT JUST BUILDING ESE FLI THESE. THEY'RE LONG-TERM OWNERS THAT TAKE REALLY GOOD CARE OF THE PROPERTIES AND THEY GIVE BACK TO THE COMMUNITY. IT SOUNDS LIKE TONIGHT YOU HAVE A LITTLE BIT OF AN ARGUMENT BOTH WAYS. IT SOUNDS LIKE IT'S A REALLY HARD DECISION. I WOULD ASK YOU THAT IF YOU COULD FIND IT IN YOUR HEART, PLEASE SAY YES TO THIS COMMUNITY BECAUSE BECAUSE THERE IS A HUGE NEED FOR AFFORDABLE HOUSING ACROSS THE COUNTRY, BUT ESPECIALLY FOR SENIORS WHO ARE ON A FIXED INCOME. THANK YOU VERY MUCH. SD >> THANK YOU. >> THE LAST SPEAKER IS MATT KOS KOSICH. >> GOOD EVENING. I'M THE FOUNDER AND PRINCIPLE CONSULTANT OF MATHIEU KOSICH CONSULTING. IN MY BUSINESS JUST A LITTLE BIT ABOUT MY BUSINESS. I GET TO WORK WITH ORGANIZATIONS AND COMPANIES THAT ARE PASSIONATE ABOUT SERVANT LEADERSHIP. ORGANIZATIONS LIKE SOUTHWEST AIRLINES, CLARK DEITRICK BUILDING SYSTEMS, THE CITY OF CAROLTON AND THE TOWN OF ADDISON, AND SNO BONNER CARRINGTON IS ONE OF THOSE SUCH CLIENTS. THE WORK I DO IS ALL ABOUT WORKING WITH COMPANIES WHO WANT TO ACHIEVE BUSINESS RESULTS, ACHIEVE THEIR OBJECTIVES BUT ON IT IN A WAY THAT SERVES OTHERS, THAT SERVES THEIR CUSTOMERS, THAT SERVES THEIR PEERS, THAT SERVES THEIR BOSS, AND THAT MOST IMPORTANTLY, SERVES THEIR COMMUNITY. IT'S BEEN AN HONOR TO WORK WITH BONNER CARRINGTON BECAUSE I GOT TO FIRSTHAND SEE WHAT THIS INDU. ESPECIALLY IN THE AFFORDABLE WHERE IT'S RARE TO MAKE A LIFE-LONG COMMITMENT TO MANAGING AND OWNING YOUR COMMUNITIES, WHERE IT'S RARE TO PUT BALANCE DONNYS, JULIET OR OTHERWISE. IN TERMS OF INVERSING IN SERVING THOSE WHO ARE VIEWED AS WELL BEYOND JUST A SIMPLE. A BIG OWNER IN PLANO AND A 20-PLUS YEAR RESIDENT OF CAROON, IT IMPTANT TO ME BECAUSE I HAVE AGING PARENTS. THEY WILL SOMEDAY MOVE OUT OF THEIR SINGLE FAMILY HOME AND WILL BE SEEKING LIVING ARRANGEMENTS JUST LIKE THIS. IT'S AN OPPORTUNITY LIKE THIS THAT THAT AS YOU KNOW IS PRECIOUS IN ALL OF OUR SURROUNDING COMMUNITIES TO BE ABLE TO HAVE THEM AND I THINK OF ALL THOSE PEOPLE THAT I WOR WITH ALL ALONG THAT DALLAS NORTH TOLLWAY CORRIDOR WHO MAY BE IN THE SAME SITUATION. IT'S HOW THEY IMPACT THE COMMUNITIES AND THOSE THAT THEY SERVE FROM TOP TO BOTTOM. THANK YOU ALL AGAIN FOR YOUR SER SERVICE. >> I HAVE ONE QUESTION FOR THE APPLICANT. THIS OR NOT, B ON YOUR TAX D - CREDITS IS IT DEPENDENT ON THE BUILDING BUILT ON THIS PARTICULAR LOCATION OR JUST IN THIS CENSUS TRACK? >> THIS PARTICULAR LOCATION. >> CLOSE THE PUBLIC HEARING. CONFINE THE COMMENTS TO THE COU COUNCIL. >> I JUST WANTED -- SINCE WE'RE IN A DEBATE SITUATION HERE AND DEBATING WHETHER OR NOT WE'RE GOING TO LOOK AT THIS IN ONE WAY OR THE OTHER. THIS PARTICULAR PIECE OF LAND AND OFFERS THAT PEOPLE HAVE MADE OF DEVELOPING SOMETHING ON THIS PIECE OF LAND I BELIEVE HAS COME TO US THREE OR FOUR TIMES IN THIS SAME SHADE. THAT BEING THEY WANT SO BUILD ASSISTED LIVING OR RETIREMENT CENTER ORENIORIVING CENTER IT'S COME BEFORE P & Z AND COME BEFORE COUNCIL. IN EVERY SINGLE TIME EITHER UNDER AN OLD PLAN, INTERIM PLAN, OR NOW EVEN THIS NEW PLAN. I THINK WHAT WE'RE LOOKING AT IS SOMETHING THAT WOULD REQUIRE A SPECIAL USE PERMIT TO MOVE IT FORWARD BECAUSE IT'S NOT DESIGNED BY RIGHT. WHAT IS PERMISSIBLE ON THE LAND BY RIGHT. >> THINGS LIKE RETAIL AND MANUFACTURING OFFICE. THOSE TYPE USES ARE THE -- IT'S REGIONAL COMMERCIAL. IT'S INTENDED TO BE THINGS THAT ARE HIGH-TRAFFIC, KIND OF LOWER INTENSITY USES THAT ARE ALLOWED BY RIGHT BY THE ZONING. WE CAN LOOK UP THE SPECIFIC USE OF USES, BUT GENERALLY IT'S COMMERCIAL WITH EMPLOYMENT THAT IS MORE OFFICE-FOCUSED. WE'VE GOT A LIST HERE. WE CAN GO THROUGH. IT'S A >> IF I REMEMBER CORRECTLY FROM THE LIST, WHAT IS NOT LISTED THERE BY RIGHT IS MULTI-FAMILY LIVING. >> THAT IS CORRECT. WE'VE LOOKED AT THE SAME PIECE OF LAND THAT WE'VE LOOKED AT THIS SAME TYPEF PPOSAL AT LEAST THREE OR FOUR TIMES. WITH THE SAME CONCLUSION THAT WE'RE LOOKING AT A PIECE OF LAND THAT IS ZONED REGIONAL COMMERCIAL WITH EXPRESS RATE CORRIDOR OVERLAY OR DESIGNED FOR COMMERCIAL DEVELOPMENT. IT'S REALLY WHAT I SEE IS SOMETHING THAT'S DESIGNED, ESPECIALLY WITH EVERYTHING THAT'S AROUND IT, AS A COMMERCIAL PIECE OF LAND. INCLUSION ON THE EAST SIDE OF THE DALLAS POLLWAY, THERE IS A LARGE STRIP OF OPEN LAND THERE >> WHEN I LOOK AT EVERYTHING SURROUNDING IT, I STILL SEE REGIONAL COMMERCIAL EXPRESSWAY CORRIDOR DESIGNED FOR SOMETHING OTHER THAN MULTI-FAMILY SENIOR LIVING, ASSISTED LIVING. TO ME IT'S NOT DESIGNED FOR WHAT WE'RE TALKING ABOUT. TO ME FROM A LAND USE STANDPOINT, IT DOESN'T FIT. THAT'S MY OPINION. >> I'M ALSO FOR QUALITY OF LIFE AND WHERE THEY'RE PLACED. I WATCH THE P & Z MEETING, LISTEN TO THE COMMENTS, LISTEN TO THE COMMISSIONERS, AND THE ONE THING THAT KEPT COMING UP IS AS COUNCILMAN GRADY SAID, YOU GO HERE, YOU DRIVE BY THERE, IT'S ALL COMMERCIAL. IT'S ALL -- IT'S NOT WALKABLE. IT IS NOISY. I'VE BEEN THERE. I DON'T SEE ANYTHING THAT'S CHANGED. I DON'T SEE ANY ADDITIONAL SOUND DAMPENING OR BUFFERS OR WALKABILITY OR OVERPASS WALKWAYS. AGAIN, I JUST -- I THINK IT'S BEEN THERE FOR A LONG TIME AS ONE OF OUR SPEAKERS SAID THAT THE FIT OF THE LAND IS GOING TO BE I THINK OUR PLAN SHOULBE NSISTENT WITH WHAT'S IN THE AREA NOW. I COULD VOTE TO REPEAL WHAT THE PLAN AND ZONING COMMITTEE HAS ALREADY TOLD US THAT THEIR DECISION WAS. >> MOTION TO MAKE -- A MOTION TO OVERRULE THE APPEAL. >> WAIT. WHICH ONE? YOU WANT TO APPROVE IT? >> OVERRULE IT. DENY IT. >> SECOND. >> ANY OTHER XHENKTS. >> LET'S BE CLEAR WHAT THE MOTION IS BEFORE IT GOES INTO THE RECORD. >> THANK YOU, MAYOR. I'LL KEEP IT VERY BRIEF. I JUST WANT TO SAY THIS. THIS PROPOSAL HAS A LOT OF PLUSES. I THINK IT'S -- IT'S A GREAT PROPOSAL JUST NOT A GREAT LOCATION FOR THIS PROPOSAL. I WOULD LOVE TO SEE THIS SOMEWHERE ELSEWHERE IT CONFORMS WI THEOMPREHENSIVE PLAN SOMEWHERE ELSE IN WEST PLANO. I WON'T GO INTO ALL MY DETAILED COMMENTS BECAUSE I THINK COUNCIL MEMBERS GRADY AND SMITH HAVE DONE A GREAT JOB OF OUTLINING IT, BUT I DON'T THINK UNFORTUNATELY THIS IS THE RIGHT LOCATION EVEN THOUGH IT'S A HIGH QUALITY PROPOSAL. >> A YES VOTE IS TO DENY. >> MOTION PASSES 8-0. THERE BEING NO FURTHER BUSINESS, MEETING IS ADJOURNED. [MEETING ADJOURNED