>> Mayor Muns: I NOW DECLARETHE PLANO CIT COUNCIL PRELIMINARY OPEN MEETING IS RECONVENED INTO OPEN SESSION, THAT ALL COUNCILMEMBERS ARE PRESENT, COUNCILMEMBER JULIE HOLMER IS NOT HERE RIGHT NOW, BUT SHE IS IN THE BUILDING. OUR FIRST ITEM IS PRELIMINARY AGENDA IS CONSIDERATION AND ACTION RESULTING FROM EXECUTIVE SESSION. OUR NEXT ITEM IS PRESENTATION AND POSSIBLE DIRECTION REGARDING LEGISLATIVE PROGRAM, DIRECTOR OF POLICY AND GOVERNMENT RELATIONS, ANDREW FORTUNE. >> Fortune: GOOD EVENING, MAYOR AND COUNCIL. ALL RIGHT. I WANTED TO COME BEFORE Y'ALL, AS WE ARE NOW A LITTLE OVER A QUARTER OF THE WAY THROUGH OUR LEGISLATIVE SESSION. IF YOU RECALL, WE DID BRING A LEGISLATIVE PROGRAM TO YOU FOR YOUR REVIEW AND APPROVAL, AND WE HAVE BEEN OPERATING FROM THAT DOCUMENT. I WANTED TO ALSO HIGHLIGHT, WE HAVE HEARINGS THAT WILL BEGIN SOON ON BILLS, THE BILL-FILING DEADLINE IS COMING UP PRETTY SOON, IT'S GOING TO BE MARCH 10, HOWEVER THERE HAS ALREADY BEEN A RECORD NUMBER OF BILLS THAT HAVE BEEN LEFT WITH THE DRAFTERS AT T POINT. JUST A HIGH LEVEL LOOK. WE HAVE A RECORD BREAKING SURPLUS OF ALMOST $33 BILLION THIS BIENNIUM FOR THE STATE. BIG ISSUES THEY'RE LOOKING TO UNDERTAKE WOULD INCLUDE PROPERTY TAX RELIEF, THE POWER GRID, BORDER SECURITY AND ELECTION INTEGRITY. I WANTED TO HIGHLIGHT THE GOVERNOR'S PRIORITIES RELEASED RECENTLY, MOST NOTABLY PROPERTY TAX RELIEF, I THINK IS AT THE FRONT OF EVERYONE'S MIND, HE AND OTHER LEADERSHIP IN THE STATE HAVE COMMITTED 15 BILLION TO HELP BUY DOWN PROPERTY TAX RELIEF. THERE ARE NUT APPROXIMATELY WAYS THAT HAS PROPOSED TO DO THIS. THERE IS AN INITIATIVE OVER IN THE SENATE TO REALLY ADDRESS THE HOMESTEAD EXEMPTION, THE GOVERNOR'S PROPOSAL HOWEVER IS TO BUY DOWN THE SCHOOL PORTION OF THE PROPERTY TAX RATE WHICH WOULD HELP COMPRESS THOSE RATES. I WOULD NOTE THAT THAT IS REALLY A ONE-TIME FIX, IT'S A ONE-TIME INVESTMENT, SO WE WOULD BE LOOKING TO FUTURE OPPORTUNITIES DOWN THE ROAD TO CONTINUE THAT KIND OF RELIEF. AS YOU CAN SEE, THERE ARE OTHER ITEMS HERE, REALLY, AGAIN, WE LOOK TO OUR LEGISLATIVE AGENDA BEFORE WE DIVE INTO ANY OF THESE PRIORITIES, AND AS THESE BILLS ARE FILED, WE'RE LOOKING THROUGH THE SCOPE OF WHAT IS GOING TO BE BEST FOR PLANO AND WE MAY COME BACK TO COUNCIL ON A VARIETY OF ITEMS. I WANTED TO ALSO HIGHLIGHT FOR THOSE OF YOU WHO AREN'T FAMILIAR WITH THE PROCESS, BILLS ALL GO THROUGH A GROUP CALLED OUR LEGISLATIVE COUNCIL, THIS IS A NONPARTISAN AGENCY, A GROUP OF ATTORNEYS REALLY WHO DO THE IMPARTIAL RESEARCH AND DRAFTING OFF OUR LEGISLATION, AND SO THIS MAKES SURE EVERYTHING IS UP TO PAR. I WILL NOTE THAT THEY WERE SO OVERWHELMED THIS GO ROUND THAT THEY ACTUALLY BROUGHT THEIR DEADLINE FURTHER UP TO FEBRUARY 1h. WE'VE HAD A 20% INCREASE IN THESE DRAFTING REQUESTS. NORMALLY ON AN AVERAGE SESSION WE COULD EXPECT TO SEE 7,000, 7500 BILLS, WE'RE ANTICIPATING QUITE A FEW MORE THIS GO ROUND. MARCH 10th IS THE DEADLINE. WE ARE JUST UNDER 5,000 BILLS THAT HAVE BEEN FILED THUS FAR, AND WE ARE TRACKING 845 BILLS THAT DIRECTLY PERTAIN TO SOMETHING WITHIN OUR LEGISLATIVE AGENDA. I WANTED TO HIGHLIGHT OUR DELEGATION AS YOU MAY REMEMBER, WE HAD REDISTRICTING, AND SO WE'VE PICKED UP A FEW MEMBERS. I'VE ALSO ILUDED EACHF THEIR COMMITTEESHIPS, AND REALLY WE HAVE A NICE SPREAD ACROSS REALLY ALL THE COMMITTEES. WE ARE -- WE DO HAVE ONE CHAIRMAN ON OUR HOUSE SIDE, CHAIRMAN JEFF LEACH, WE'RE GOING TO BE WORKING WITH ALL OF OUR MEMBERS ON EACH OF THESE ISSUES, BUT WHERE IT PERTAINS TO THE PROSPECTIVE COMMITTEE, OF COURSE WE'LL APPROACH THEM FIRST. ALSO WANT TO PROVIDE A MAP, YOU CAN SEE HOW SOME OF THE LINES OR DISTRICTS HAVE CHANGED, DISTRICT 66 AND 70 COMPRISED THE MAJORITY OF PLANO FROM A LAND MASS PERSPECTIVE. WE WORK TO HAVE GREAT RELATIONSHIPS WITH EACH OF OUR MEMBERS. THE MAJORITY OF OUR CITY IS REPRESENTED BY SENATOR PAXTON, SHE IS VICE CHAIR OF STATE ???S THIS GO ROUND, WE HAVE PORTIONS OF PLANO THAT ARE REPRESENTED BY SENATOR SPRINGER. AND AGAIN, THERE'S THE UPDATED MAP, SO YOU HAVE THAT FOR REFERENCE. NOW TO DIVE A LITTLE BIT INTO WHAT WE ARE LOOKING TO WORK ON THIS SESSION, WE HAVE ENGAGED REPRESENTATIVE NOBLE TO TACKLE THE ISSUE OF PUBLIC FACILITY CORPORATIONS. IF YOU REMEMBER, THIS PARTICULAR TOOL HAS BEEN DISCUSSED IN THE PAST, AND THERE WAS CONRN RSED OVER THE GUARDRAILS THAT EXIST IN STATUTE RIGHT NOW, AND AS A REFRESHER, THIS TOOL EXISTS CURRENTLY WITH A HOUSING AUTHORITY OR AN ENTITY CAN COME TOGETHER WITH THE DEVELOPER AND OFFER 51% OF THEIR UNITS IN A MULTI-FAMILY PROPERTY AS AFFORDABLE, THE OTHER 49% OF COURSE CAN BE RENTED AT MARKET RATE. AND THE ENTIRE PROPERTY FALLS OFF THE TAX RATE. SOME OF THE THINGS WE'RE LOOKING TO PURSUE, AN IN FACT THEY HAVE SUBMITTED BILLS FOR US, REPRESENTATIVE NOBLES AND HER OFFICE HAVE SUBMITTED BILLS TO TACKLE THE ISSUE OF LOCAL APPROVAL. THESE PROJECTS SHOULD AND DO NOT CURRENTLY COME BEFORE ANY OF THE TAXING ENTITY BODIES, SO IF IT'S GOING TO FALL OFF OF THE TAX ROLES FOR THIS CITY, WE BELIEVE THIS TAX BODY SHOULD HAVE THE OPPORTUNITY TO REVIEW THOSE PROJECTS AS THEY COME UP, WE'RE LOOKING TO RAISE THAT PERCENTAGE THRESHOLD. AFTER VISITING WITH PROFESSIONALS IN THE FIELD FROM OUR NEIGHBORHOOD SERVICES DEPARTMENT, WE DO BELIEVE THAT IF WE'RE GOING TO OFFER THAT BIG OF A BREAK, WE REALLY NEED TO HAVE A JUSTIFIABLE OFFERING IN TERMS OF AFFORDABLE UNITS. I WOULD ALSO ADD ANNUAL AUDIT REQUIREMENT WHICH WE THOUGHT WAS IMPORTANT ALONG WITH A PENALTY IF WE HA PROPERTID OUT OF COMPLIANCE WITHIN THAT YEAR, THEY WOULD LOSE THEIR TAX EXEMPT STATUS, SO THESE WILL BE IN THE FORM OF TWO DIFFERENT BILLS. WE'VE HAD A FEW OTHER BILLS FILED ON THIS ISSUE THIS SESSION. SENATOR BETANCOURT HAS A BILL THAT WOULD REPEAL THE ENTIRE STATUTE AS A WHOLE. WE DON'T ANTICIPATE THAT MOVING FORWARD IN ITS CURRENT FORM, BUT CERTAINLY GENERATING A LOT OF DISCUSSION. OTHER LEGISLATION OF NOTE, ONE OF THE BIGGEST RIGHT NOW WOULD BE HOUSE BILL 2127 AND SENATE BILL ITS COMPANION. PREEMPTS THIS BODY'S ABILITY TO REGULATE ANYTHING WITHIN TESE CODES THAT ARE LISTED, WITH VERY FEW NOTABLE EXCEPTIONS. WE ARE OPPOSED REALLY PHILOSOPHICALLY FOR A LOT OF REASONS ON THIS BILL WHEN WE LOOK AT THE IDEA OF LOCAL CONTROL, AGAIN YOU'VE HEARD THAT I'M SURE BEFORE, BUT WHAT IS GOOD FOR AUSTIN MAY NOT BE APPROPRIATE FOR PLANO. WHAT IS GOOD FOR CORPUS CHRISTI MAY NOT WORK IN OUR COMMUNITY. WE WOULD LIKE TO MAINTAIN THE ABILITY TO MAKE THOSE DECISIONS WITH THIS BODY, BASED ON WHAT WE HEAR FROM CONSTITUENTS. THAT BEING SAID, THE GOVERNOR'S OFFICE, THE MAYOR AND I HAD THE OPPORTUNITY TO MEET WITH HIM LAST WEEK, HE HAS REQUESTED SPECIFIC EXAMPLES OF THE UNINTENDED CONSEQUENCES THAT MAY ACCOMPANY BILLS LIKE THESE, AND THAT IS REALLY WHAT WE'RE DEALING WITH, WE WANT TO MAKE SURE WHEN WE HAVE A PRE-EMPTION BILL, WE DRILL DOWN TO WHAT THE ISSUE IS. IF THERE'S A CITY THAT HAS GONE ROGUE OR THERE'S A SPECIFIC ISSUE, WE WOULD LIKE LANGUAGE THAT WOULD ADDRESS THAT ISSUE AS OPPOSED TO THESE BLANKET LANGUAGE INTRODUCTIONS TO THESE BILLS. SO ONE OTHER BILL THAT HAS MADE A LOT OF HEADLINES RECENTLY, SENATE BILL 147, SOUGHT TO BAN CITIZEN'S GOVERNMENTS AND ENTITIES, CHINA, IRAN, NORTH KOREA, AN RUSSIA FROM PURCHASING LAND, THAT HAS GENERATED A LOT OF DISCUSSION, AND AS SUCH RISEN TO THE LEVEL OF MANAGING AND TRACKING THAT CLOSELY. OUR GOAL IS TO REMAIN PLANO FOCUS AND BUSINESS FRIENDLY, AS WE WATCH THIS LEGISLATION AND SUBSEQUENT OTHER BILLS THAT ARE BEING FILED, WE'LL BE TRACKING THAT VERY CLOSELY. AND FINALLY, I WANTED TO BRING FORWARD THE ISSUE OF DART AND THE VALUE TRANSIT STUDY, AS MANY OF YOU MAY REMEMBER, WE HAD ALONG WITH OTHER CITIES ASKED FOR A VALUE TRANSIT CITY PARTNERS WITH DART, A I ALSOIKE TO RECNIZE WE HAVE THE CEO AND THE CFO, AS WE HAVE AS VICE PRESIDENT OF GOVERNMENT AFFAIRS HER HERE IN THE AUDIENCE WITH US, WE HAD ASKED A LITTLE OVER A YEAR AGO A VALUE OF TRANSIT STUDY, UNFORTUNATELY WHAT WE'VE RECEIVED TO DATE HAS BEEN QUALITATIVE IN NATURE. WE'RE LOOKING TO SEEK THE QUESTION IF THE CITY OF PLANO PUTS IN 106 MILLION INTO DART, WHAT DOES THAT TRANSLATE BACK TO US IN TERMS OF SERVICES? WE REALIZE THERE WILL BE OTHER COSTS, PROGRAM SYSTEM, COSTS OF COURSE WE HELP PAY FOR, T OUR HOPE IS TO FIND, YOU KNOW, WHAT DOES THAT LOOK LIKE? AND SO IN TERMS OF THE TIME LINE, AGAIN, WE ASKED FOR THIS WELL OVER A YEAR AGO, UNFORTUNATELY THE ANSWERS WE'VE GOTTEN TO DATE HAVE NOT BEEN SATISFACTORY. COUNCILMEMBER WILLIAMS HAS BEEN CHAMPIONING THE REINTRODUCTION OF A BILL FROM LAST SESSION, WITH REPRESENTATIVE SHAHEEN, AND THAT COVERS AN ANNUAL AUDIT AND AGGREGATION OF EXPENDITURES MAKING THOSE AVAILABLE TO THE PUBLIC, WHERE WE'RE COMING TO YOU TONIGHT ON THIS PARTICULAR ITEM IS PERMISSION TO BRING ABOUT OUR LEGISLATIVE AGENDA AND ADD WORKING WITH DART AND LOOKING AT VARIOUS ELEMENTS OF DART WHEN WE'RE GOING DOWN TO AUSTIN. SO THAT PIECE. AND ONE FINAL ELEMENT NOT ON THE SLIDES I WANTED TO BRING TO YOUR ATTENTION, WE ARE ENGAGING RIGHT NOW ON THE UTILITIES AND UTILITY RELOCATES, AND KNOWING THAT THEY'RE VERY EXPENSIVE, AND THAT WE CONTINUE TO RUN INTO ISSUES WITH THAT. WE'RE LOOKING FOR A LEGISLATIVE SOLUTION SO -- WITH THAT, I'LL TAKE ANY QUESTIONS. >> Mayor Muns: THANK YOU. I'E GOT A COUPLE OF SPEAKERS, SO LET'S DO THAT FIRST, AND THEN WE'LL HAVE YOU COME BACK AND ANSWER ANY QUESTIONS WE HAVE. >> Fortune:OR SURE. >> THE FIRST SPEAKER IS NADINE LEE. >> GOOD EVENING, EVERYONE. I'M NADINE LEE, AND I'M THE PRESIDENT AND CEO OF DART, AND BY THE WAY, I HAVE SOME PEOPLE COMING IN BEHIND ME JUST IN CASE I HAD FALLEN DOWN THE STAIRS TODAY, SO -- SO I'M REALLY PLEASED TO BE HERE. REALLY HAPPY TO SEE THAT THE ILA BETWEEN DART AND THE CITY OF PLANO IS ON THE CONSENT AGENDA THIS EVENING, WHICH WILL PROVIDEHE CITY WITH MORE THAN 28 MILLION FOR PROJECTS THAT SUPPORT YOUR STRATEGIC VISION FOR EXCELLENCE, MULL MODAL TRANSPORTATION HERE IN PLANO. WE REALLY EXCITED ABOUT THIS PARTNERSHIP, WE LOOK FORWARD TO COLLABORATING WITH YOU CLOSELY ON ALL OF THOSE INVESTMENTS, AND I KNOW YOU'RE GOING TO CONSIDER THAT ITEM TONIGHT. I HOPE YOU DO PASS IT. YOU WILL BE THE FIFTH OF THE CITIES TO EXECUTE THIS ILA IF YOU DO SO, SO WE HAVE FOUR OTHER CITIES WHO HAVE ALREADY SIGNED. WE'VE BEEN ENGAGED WITH THE CITY OF PLANO ON MANY PROJECTS OVER THE YEARS, PRIOR TO MY TENURE, AND MORE RECENTLY LIKE WITH THIS ILA, OR THE NEW PLANO PILOT ZONE FOR ON DEMAND GO LINK SERVICE, REGULARLY UPDATE YOUR CITY MANAGEMENT, AND YOU, THE COUNCILMEMBERS ON THESE EFFORTS. I'M PLEASED TO LET YOU KNOW THE CITY OF PLANO IS IN GOOD STANDING, AND WE EXPECT THAT THAT WILL REMAIN THE CASE. THE PLANO STAFF HAS REALLY BEEN TERRIFIC FOR OUR STAFF TO WORK WITH, SO I WANT TO THANK MR. ISRAELSON FOR HIS HARD WORK AND HIS GREAT STAFF. IN REGARD TO YOUR LEGISLATIVE AGENDA, MORE RECENTLY, OR MOST RECENTLY, AS YOU MAY KNOW, WE HAVE BEEN WORKING WITH COUNCILMEMBER WILLIAMS AND THE DART BOARD OF DIRECTORS WHO REPRESENT PLANO, PAUL WAGEMAN AND NATHAN BARBERA TO ESTIMATE AMOUNT OF DART SPENDING ATTRIBUTABLE TO THE CITY OF PLANO. AS YOU MIGHT EXPECT, THIS IS A VERY COMPLICATED QUESTION, AND ONE THAT DOESN'T NECESSARILY SPEAK TO THE FULL VALUE THAT DART BRINGS TO ITS MEMBER CITIES. SO TO TRY TO ANSWER THESE QUESTIONS, HOWEVER, OUR CFO, ELIZABETH RAICHE WHO IS HERE WITH ME TODAY TO DISCUSS METHODOLOGY FOR ALLOCATING EXPENSES TO EACH CITY. EACH CITY OF COURSE HAS SPECIFIC NEEDS AND METHODS FOR EVALUATING THE BENEFITS FOR PARTICIPATING IN DART, AND WE ALL NEED TO AGREE ON A FRAMEWORK BEFORE MOVING FORWARD WITH ANY PARTICULAR APPROACH. THESE CONVERSATIONS HAVE BEEN PRODUCTIVE SO FAR, AND ELIZABETH HAS ANOTHER MEETING WITH THE GROUP THIS THURSDAY TO DISCUSS PROPOSED SCENARIOS IN MORE DETAIL. WE WILL CONTINUE TO UPDATE COUNCILMEMBER WILLIAMS AND OTHERS AS WE FINALIZE OUR RESPONSE AND WEEALL APPRECIATE YOUR PATIENCE AS WE WORK THROUGH THIS VERY DIFFICULT ANALYSIS. WE'RE ALSO NEARING COMPLETION OF OUR VALUE OF TRANSIT REPORT, WHICH MENTIONED EARLIER, THAT WILL ULTIMATELY INCLUDE A FACT SHEET THAT IS UNIQUE TO THE CITY OF PLANO, AND I BELIEVE THE CITY MANAGER ALSO HAS A COPY OF THE PRELIMINARY DRAFT REPORT IN HIS BOX TO REVIEW, AND I'M SURE HE'S VERY BUSY AND PROBABLY HASN'T HAD A CHANCE TO REVIEW YET. SO WE'RE REALLY EAGER TO SHARE THE MANY BENEFITS THAT DART BRINGS TO EACH OF OUR MEMBER CITIES, RESIDENTS, AND THE REGION AS A WHOLE. WE'VE MET SEVERAL TIMES WITH THE CITY MANAGERS OF ALL THE MEMBER CITIES AND WILL CONTINUE TO PARTNER WITH THEM AND WITH YOU AS WE DEVELOPED A MORE RESPONSIVE SERVICE-DRIVEN TRANSIT SYSTEM. I WANT TO THANK YOU FOR YOUR TIME. WE LOOK FORWARD TO CONTINUING THE CONVERSATIONS WITH YOU, AS WE IMPROVE MOBILITY FOR THIS REGION. THANK YOU VERY MUCH. >> Mayor Muns: THANK YOU. >> THE NEXT SPEAKER IS ELIZABETH RAICHE. >> THANK YOU, AND GOOD EVENING, ELIZABETH RAICHE, I'M THE CHIEF FINANCIAL OFFICER. SIMPLY HERE THIS EVENINO ANSWER QUESTIONS SHOULD YOU HAVE THEM, BUT WANTED TO MAKE SURE I SIGNED UP SO THAT I WOULD ABLE TO SPEAK IF YOU HAD QUESTIONS. THANK YOU. >> Mayor Muns: THANK YOU VERY MUCH. OKAY. ANDREW, YOU CAN COME BACK UP. WE CAN DO THAT, YEAH, DO YOU WANT TO START WITH THAT? WE DO HAVE A QUESTION. >> ANDREW, I HAVE A QUESTION -- >> Mayor Muns: SORRY. [ INAUDIBLE - NO MIC ] >> SO I DON'T KNOW WHO WANTS TO ANSWER IT, BUT MS. LEE, YOU MENTIONED THAT PLANO IS I GOOD STANDING, AND SO I JUST WANTED TO KNOW WHAT YOUR DEFINITION OF GOOD STANDING IS AND HOW YOU'RE DEFINING THAT WE ARE IN GOOD STANDING AND WOULD REMAIN IN GOOD STANDING IN THE FUTURE. >> I'M GOING TO TAKE A CRACK AT THIS, AND OF COURSE ELIZABETH WILL CORRECT ME IF I GET ANYTHING WRONG. GOOD STANDING IS REALLY JUST BEING A GOOD PARTNER TO DART, HELPING US ADVANCE OUR DESIGN APPROVALS AND GETTING OUR CONSTRUCTION PERMITS TIMELY. REAL TERRIFIC AT DOINGBEEN THAT, WE HAVE NOT HAD ANY ISSUES, IN ADDITION, IF YOU HAD ANY OUTSTANDING PAYMENTS TO DART, FOR EXAMPLE, IF YOU WERE PAYING US TO DO SOME SERVICE FOR YOU, SOMETHING THAT WE EXPECT THOSE REVENUES TO COME INTO DART, JUST MAKING SURE THAT THOSE PAYMENTS ARE MADE TIMELY ALSO, BUT WE DO NOT HAVE THAT SITUATION WITH THE CITY OF PLANO. >> OKAY. TO ME IT SEEMS A LITTLE BIT OBJECTIVE ON YOUR PART TO DEFINE BASED ON WHAT YOU SAID, SO I THINK I WOULD BE MORE COMFORTABLE IF IT WAS LINED OUT EXACTLY WHAT IS CONSIDERED, BECAUSE WE MIGHT THINK WE'RE I GOOD STANDING AND U SAID, IT MIGHT SEEM LIKE YOU DON'T THINK THAT WE ARE IN THE FUTURE, SO THAT MAKES ME A LITTLE BIT UNCOMFORTABLE, BUT I WOULD LIKE -- I WOULD LIKE TO SEE THAT LINED OUT A LITTLE BIT MORE ABOUT HOW YOU'RE QUALIFYING THAT SOMEBODY'S IN GOOD STANDING, AND I THINK IT COULD GET A LITTLE BIT UNCOMFORTABLE IF YOU'RE DEFINING THAT BY HOW QUICKLY YOU GET A BUILDING PERMIT. >> YEAH, AND WHAT I WILL SAY ALSO IS IF THERE'S ANY DISAGREEMENT ABOUT WHETHER OR NOT THE CITY IS IN GOOD STANDING, IT WOULD BE UP TO ME AND YOUR CITY MANAGER TO HAVE THAT CONVERSION, BUT, AGAIN, THE CITY OF PLANO IS IN GOOD STANDING, WE HAVE ISSUED A LETTER TO THE CITY MANAGER TO SAY SO. AND SO AS OF RIGHT NOW, YOU ALL ARE IN GOOD STANDING. >> THANK YOU. >> Mayor Muns: COUNCILMAN RICCIARDELLI. >> Ricciardelli: THANK YOU, MAYOR, THANK YOU, MS. LEE, I APPRECIATE YOUR COMMENTS. I ALSO APPRECIATE YOU BEING HERE AND WANT TO SPEAK TO THE IMPORTANCE OF TACKLING TRANSPORTATION AS A REGIONAL ISSUE, AND I APPRECIATE THE WORK THAT YOU DO ON THAT FOR PLANO, AND THE OTHER MEMBER CITIES OF DART. I HAVE BEEN FOLLOWING, YOU KNOW, THE BACK AND FORTH REGARDING A QUANTITATIVE ASSESSMENT OF THE VALUE OF DART SERVICES THAT ARE DELIVERED IN PLANO AND -- AND, YOU KNOW, YOU RIGHTLY HIGHLIGHTED THE LEADERSHIP THAT COUNCILMEMBER WILLIAMS HAS EXERCISED ON THIS ISSUE, BUT I WANTED TO UNDERSCORE, CERTAINLY NOT JUST COUNCILMEMBER WILLIAMS, I'M CERTAINLY WATCHING, I SUSPECT A NUMBER OF US ARE, AS YOU MAY REMEMBER LAST SESSION REPRESENTATIVE SHAHEEN FILED A BILL. THAT BILL WAS WITHDRAWN, YOU KNOW, WITH THE UNDERSTANDING THAT DART WOULD BE VOLUNTARILY PROVIDING INFORMATION, AND, YOU KNOW, WE'RE HERE TWO YEARS LATER AT THE NEXT LEGISLATIVE SESSION, AND WHILE WE HAVE RECEIVED SOME DOCUMENTS AND KIND OF A QUALITATIVE ANALYSIS OF DART SERVICES THAT ARE DELIVERED IN PLANO, WE HAVE NOT RECEIVED, YOU KNOW, HARD NUMBERS REGARDING, YOU KNOW, A QUANTITATIVE ANALYSIS OF THE FINANCIAL VALUE OF DART SERVICES THAT ARE DELIVERED, YOU KNOW, SPECIFICALLY WITHIN THE BOUNDARIES OF THE CITY OF PLANO, AND SO I JUST WANTED TO BETTER UNDERSTAND IF THERE IS A DIFFICULTY IN TRACKING THAT INFORMATION, OR PROVIDING THAT INFORMATION, OR JUST UNDERSTAND THAT THE TIMELINE OF THAT OVER THE PAST TWO YEARS BETTER, SO THANK YOU VERY MUCH. IN ADVANCE FOR THAT INFORMATION. >> CERTAINLY, I'M GOING TO ASK ELIZABETH, BECAUSE SHE'S THE CFO, SHE WILL GO THROUGH THE EXCRUCIATING DETAILS OF WHY IT'S CHALLENGING. >> Ricciardelli: APPRECIATE THAT, MS. LEE, AND APPRECIATE YOUR INFORMATION. >> THANK YOU. PART OF THE DIFFICULTY WITH TRACKING CROFTS BY CITY IS THAT OUR ACCOUNTING SYSTEM, OUR FINANCIAL SYSTEM DOES NOT TRACK COSTS BY CITY. SO IN CONVERSATIONS WITH COUNCILMEMBER WILLIAMS, WE'VE DISCUSSED THAT ANYTHING THAT WE DO IS GOING TO BE A BROAD ESTIMATION, AND AS LONG AS WE'RE ALL UNDERSTANDING OF THAT, I THINK IT CAN BE SOME USEFUL INFORMATION. SO WE'RE LOOKING AT MAKING SOME ASSUMPTIONS, BROAD ASSUMPTIONS, AND THAT'S WHAT WE'VE GOT TO GET THE CITIES TO AGREE TO. SO FOR EXAMPLE, AND, YOU KNOW PLEASE DON'T THINK THAT THIS IS A SERIOUS EXAMPLE, BUT IT CERTAINLY IS A STANDARDING POINT. THE FIRST THING YOU CAN DO WOULD BE TO DIVIDE DART'S EXPENSES BY 13. THERE ARE 13 CITIES THAT PARTICIPATE IN DART, AND I THINK WE WOULD ALL AGREE THAT IS NOT A REASONABLE WAY TO DO IT. SO THEN WE LOOK AT ANOTHER POSSIBILITY. DO WE DIVIDE DART'S COSTS BY POPULATION OF EACH CITY? BY SQUARE MILES OF EACH CITY? WHAT DOES THAT LOOK LIKE? SO WHAT WE'RE LOOKING AT DOING IS COMING TO AN AGREEMENT OF METHODOLOGY WITH THE CITIES THAT DIVIDES THOSE COSTS AND EXAMINES AND LOOKS AT THE FACT THAT WE ARE A SYSTEM, WE DON'T TRACK THINGS WHEN YOU CROSS A CITY LINE, WE KNOW THAT THE COST HAS NOW SHIFTED, SO HOW DO WE PARSE THOSE OUT? SO WHAT LEVEL OF OUR COST IS DIVIDED AMONG THE 13 CITIES IN A CERTAIN WAY, MAYBE BY POPULATION, AND WHAT LEVEL OF OUR COST IS MORE SPECIFIC TO THE NBER OF BUS STOPS YOU HAVE, OR THE NUMBER OF STATIONS YOU HAVE, OR THE NUMBER OF GO LINK ZONES YOU HAVE, OR MAYBE THE NUMBER OF RESIDENTS THAT HAVE ACCESS WITHIN HALF A MILE. SO WE'RE LOOKING AT WHAT THOSE POSSIBILITIES COULD BE, AND IT'S VERY COMPLEX IN TERMS OF WORKING WITH THE CITIES AND TRYING TO FIGURE ALL OF THAT OUT, BUT THAT'S WHAT WE'RE DOING RIGHT NOW. >> Ricciardelli: AND THANK YOU SO MUCH FOR THAT EXPLANATION. I APPRECIATE THAT. I DO THINK AT LEAST FROM MY PERSPECTIVE IT WOULD BE VERY USEFUL TO HAVE INFORMATION THAT GOES -- THAT AS YOU TH POPULATION OR SQUAREJUST MILEAGE METHODOLOGY TO REALLY LOOK AT, YOU KNOW, HOW MANY MILES OF RAIL, HOW MANY BUS LINES, HOW MANY BUS -- YOU KNOW, HOW FREQUENT ARE THE STOPS ON THOSE LINES AND HOW MANY BUSES OPERATING ON THEM, YOU KNOW, HOW MANY GO LINK ZONES AND WHAT'S THE UTILIZATION THERE, AND, YOU KNOW, A LOT OF OTHER FACTORS, YOU KNOW, RELATING TO ACTUAL SERVICES DELIVERED IN THE CITY. WHILE RECOGNIZING OF COURSE THE WHOLE POINT OF DART IS TO BE REGIONAL AND TO CROSS CITY LINES, YOU KNOW, EVE CERTAINLY RIDDEN THE RED LINE TO DOWNTOWN DALLAS AND BACK, THAT IS A PLANO RESIDENT USING IT EVEN IF I CROSS THE CITY BOUNDARY, BUT I THINK JUST UNDERSTANDING, AT LEAST FOR ME WHAT WOULD BE USEFUL IS THE COST OF PROVIDING THOSE SERVICES IN THE CITY OF PLANO THAT IS TO SAY, YOU KNOW F. DART SUDDENLY STOPPED PROVIDING ALL SERVICES IN THE CITY OF PLANO, HOW MUCH MONEY WOULD DART BE SAVING AS A RESULT OF DOING THAT, YOU KNOW, IF THE RED LINE WENT AWAY, IF THE SILVER LINE WASN'T BEING BUILT, YOU KNOW, IF OTHER, ALL THE BUSES STOPPED RUNNING AND EVERYTHING ALONG THOSE LINES, YOU KNOW, CHANGED, YOU KNOW, WHAT WOULD BE THE FINANCIAL DIFFERENCE, AND I UNDERSTAND THEN YOU'VE GOT OTHER THINGS LIKE, YOU KNOW, OVERHEAD AND MANAGEMENT AND, YOU KNOW, THINGS THAT ARE BROADLY ATTRIBUTABLE TO A SYSTEM AS A WHOLE EVERYONE IS RESPONSIBLE FOR PRO RATA, I THINK REALLY DRILLING DOWN ON HOW MUCH MONEY BEING SPENT IN EACH CITY WOULD BE REALLY USEFUL INFORMATION, SO I APPRECIATE, YOU KNOW, Y'ALL'S OPENNESS TO CONDUCTING THAT STUDY, AND YOU KNOW, REALLY LOOK FORWARD TO THE INFORMATION SO- >> A COUPLE OF OTHER PIECES IF I MAY, OF COURSE, WE HAVE DEBT, SO -- AND WE HAVE CAPITAL, AND THERE IS A STATUTORY METHODOLOGY FOR DIVIDING OUR DEBT AND CAPITAL, SO WE'RE FOLLOWING THAT STATUTORY METHODOLOGY, SO THAT WILL BE PART OF WHAT WE DELIVER IS HOW MUCH OF THOSE ARE ATTRIBUTABLE TO PLANO, AND THEN THERE ARE SOME SYSTEMWIDE COSTS THAT ARE NOT IN PLANO BUT ARE CONNECTED TOO, THE TRE HAS A STATION IN IRVING, A STATION IN DALLAS, BUT THAT IS SOMETHING THAT EVERY CITY CAN BENEFIT FROM BECAUSE IT'S CONNECTED TO THE DART SYSTEM, AND SO IT DOES BECOME QUITE INTERESNG AND SO WE'RE WORKING THROUGH IT AS QUICKLY AS WE CAN. AND TRYING TO GET SOMETHING FORWARD THAT THE CITIES WILL ACCEPT, AND THAT WILL BE ACCEPTABLE TO PLANO. >> Ricciardelli: WELL, THANK YOU FOR YOUR WORK ON THAT, I APPRECIATE THAT. AND I REALLY LOOK FORWARD TO THE INFORMATION. SO AGAIN, THANK YOU BOTH FOR BEING HERE AND FOR THAT INFORMATION. >> WELCOME. >> Mayor Muns: THANK YOU. THANK YOU VERY MUCH. ANY QUESTIONS FOR ANDREW? >> YEAH, ANDREW, AT THE END UTITIES.IONED OUR FOCUS ON >> ABSUTELY. >> I WOULD LOV IT IF WE COULD HIGHLIGHT A LITTLE BIT -- DIG IN A LITTLE BIT MORE ON THE UTILITIES IN OUR LEGISLATIVE AGENDA IF POSSIBLE. >> ABSOLUTELY. >> AND SOME OF THE CHALLENGES WE'VE HAD SPECIFICALLY IN PLANO WITH THE SERVICE OUTAGES. >> ABSOLUTELY. AND FOR THE BENEFIT OF THE REST OF THE COUNCIL, WE CONTINUE TO RUN INTO ISSUES WHEN WE LOOK AT THINGS LIKE PROJECTS WHERE WE WYDEN THE STREET. YOU MIGHT OFTEN SEE WHERE STREET WORK IS STARTING TO HAPPEN, AND CONES ARE UP, AND THEN WORK SEEMS TO STOP, AND THAT IS LARGELY ATTRIBUTED TO THE RELOCATION OF THESE UTILITIES, CHIEFLY ELECTRIC IS WHERE WE SEEM TO CONSTANTLY RUN INTO ISSUES, AND SO WHILE WE DO HAVE SOME BROAD AUTHORITY IN OUR AGENDA, WHAT I WOULD SEEK TONIGHT FROM THIS BODY WOULD BE DIRECTION ON COULD WE INCLUDE A MORE BROAD LOOK AT DART AND DART-RELATED LEGISLATION IN PURSUING SOME OF THE PRIORITIES OF THIS COUNCIL HOLISTICALLY, BUT AS WELL LOOK AT OUR UTILITIES AND LOOK AT PURSUING SOME ACCOUNTABILITY WITHIN STATUTE. CURRENTLY WE HAVE REMEDIES IN STATUTE TO COMPEL THEM TO START WORK, BUT UNFORTUNATELY THERE'S NO DEFINITION AS T WHEN THAT WORK NEEDS TO BE COMPLETED. >> Mayor Muns: SO IN REGARDS TO DIRECTION, AS FAR AS OUR LEGISLATIVE AGENDA GOES, ADDING THOSE TWO LAST AREAS THAT WE WERE JUST LISTENING TO, IS THE -- IS THE COUNCIL IN AGREEMENT TO ADDING THOSE? YEAH? ANY -- YES? [ INAUDIBLE - NO MIC ] YEAH, THAT'S FINE. >> Ricciardelli: I'M IN AGREEMENT. I DID ALSO HAVE A QUESTION FOR ANDREW JUST REGARDING THE -- THANK YOU, MAYOR. NO, NO, I DIDN'T WANT TO INTERRUPT THE DIRECTION WE WERE GIVING, BUT I JUST WANTED TO ASK ON REPRESENTATIVE NOBLES' BILL REGARDING THE PUBLIC FACILITIES CORPORATION, I THINK THAT IS A CRITICALLY IMPORTANT ISSUE TO THE CITY, GIVEN THE POTENTIAL IMPACT ON THE TAX BASE AND THE DESIRE THAT AFFORDABLE HOUSING BE FURTHERED IN A WAY THAT DOES NOT, YOU KNOW, UNDERMINE OUR ABILITY TO PROVIDE CITY SERVICES THROUGH OUR TAX BASE, I NOTICED THAT THERE WAS A MOVE ON THE -- THE NUMBER OF UNITS THAT ARE RESERVED AS AFRDABLE HSING FROM 51 TO 75%. ONE OF THE OTHER ISSUES THAT I THINK WE'VE SEEN IS THAT 80% OF AMI IS NOT THAT LOW, YOU KNOW, IN TERMS OF PROVIDING, YOU KNOW, REALLY AFFORDABLE HOUSING, AND GETTING BANG FOR THAT BUCK IF THERE IS GOING TO BE, YOU KNOW, A TAX CONSEQUENCE FOR THE CITY. IS THERE ANYTHING IN THAT BILL THAT WOULD PROVIDE AT LEAST SOME UNITS AT 60% OR 50% OF AMI. >> SO WE DID DISCUSS THAT WITH THE REPRESENTATIVE. SHE DID HAVE A CLEAR KIND OF DIRECTION IN MIND. THAT WAS NOT ONE OF THE PIECES THAT WAS SOMETHING SHE WANT TONDERKE IN THIS PARTICULAR SET OF LEGISLATION. IT IS SPLIT WOULD INTO TWO BILLS. ONE IS A LOT WHAT I WOULD CALL CLEANER, TO REALLY DEAL WITH THESE LOCAL ENTITIES ABILITY TO HAVE A SAY, THAT BEING SAID, THERE IS OTHER LEGISLATION RELATED TO PFCs THAT HAS BEEN INTRODUCED AND WE'VE HEARD OTHER BILLS BETWEEN NOW AND MARCH 10th MAY ALSO BE FILED TO TACKLE THAT ISSUE OF WHAT IS AFFORDABLE. I THINK YOU'RE GOING TO HAVE MULTIPLE DIFFERENT DISCUSSIONS OVER THAT. AND THAT WAS PROBABLY GOING TO BE SOMETHING THAT REALLY IS BORNE OUT BETWEEN THE MEMBERS. WE STICK WITH 80% AMI, BECAUSE THAT IS KIND OF THE HUD STANDARD, ANDHAT I MOST WITHIN THE INDUSTRY ARE ACCUSTOMED TO. THAT BEING SAID IT LOOKS LIKE THIS PARTICULAR PIECE OF STATUTE NEEDS SOME CLEANING UP, SO IT'S CERTAINLY SOMETHING I CAN BRING UP WITH HER AGAIN, AND MAYBE IN THE FORM OF AN AMENDMENT, IF THE AUTHOR IS ACCEPTABLE -- >> I THINK, IN EITHER VERSION THAT LOCAL APPROVAL PIECE IS THERE, I THINK THAT IS THE KEY PORTION, YOU KNOW, THAT WE HAVE CONTROL OVER OUR LOCAL TAX BASE. I GUESS, YOU KNOW, ANYTHING THAT INCLUDES THAT, I WOULD BE THRILLED TO SEE PASS, AND DO YOU KNOW IF ANY OF THAT IS MOVING? DOES IT SEEM TO BE MOVING FORWARD? >> YEAH, I MEAN, WE'RE A LITTLE EARLY TO SPECULATE ON MOVEMENT. I WILL SAY THAT WHEN WE HAVE POLLED OUR OTHER CITIES, THAT IS ONE OF THE CHIEF CONCERNS. YOU MAY HAVE DISAGREEMENT OVER PERCENTAGE LEVELS OR THRESHOLDS, BUT THE FACT THAT THESE PROJECTS CAN MOVE FORWARD WITHOUT THE TAXING BODY'S INPUT IS A RESOUNDING CONSENSUS FROM EVERYONE. THE REPRESENTATIVES, I THINK IT GOES BACK TO THE BASIC REPRESENTATIVE GOVERNMENT, THEY WANT TO HAVE ELECTED OFFICIALS' HANDS ON THESE PROJECTS. >> I DO AGREE, THAT LOCAL APPROVAL IS THE MOST IMPORTANT PIECE SO THANK YOU FOR YOUR WORK ON THAT. >> ABSOLUTELY. >> Mayor Muns: UH-HUH. OKAY. I'M SORRY. >> ANDREW, I JUST WANT TO MAKE SURE THAT WITH COUNCIL'S AGREEMENT A MINUTE AGO, YOU FEEL YOU HAVE ENOUGH LATITUDE TO PURSUE ANYTHING RELATED TO DART ON THE LEGISLATIVE PROGRAM. >> THAT IS MY UNDERSTANDING, YES SIR. >> OKAY. I ALSO WANTED TO PROVIDE JUST A LITTLE BIT OF CONTENT -- A LITTLE BIT MORE CONTEXT TO THE ENTIRE COUNCIL IN THIS REQUEST. SO AS COUNCILMAN RICCIARDELLI POINTED OUT, REPRESENTATIVE SHAHEEN DID FILE THIS BILL TWO YEARS AGO SEEKING TO UNDERSTAND WHAT IS ACTUALLY SPENT WITHI EACH OF DART'S MEMBER CITIES, NOT JUST NECESSARILY THEN RELATED TO DART, BUT THAT'S THE -- THAT'S THE FOCUS OF IT. BUT THAT CAME AFTER ABOUT A YEAR AND A HALF WORTH OF REQUESTS TO GET SOME OF THESE NUMBERS AND NOT RECEIVING ANYTHING, AND AS WHAT'S POINTED OUT, IT WAS AFTER DART AGREED TO PROVIDE THAT INFORMATION, THE BILL WAS THEN WITHDRAWN, ABOUT TWO YEARS AGO. AND SOME OF YOU MAY RECALL ABOUT A YEAR AGO WE RECEIVED A REPORT FROM DART ABOUT FOURTEEN, SIXTEEN SOME ODD PAGES, TALKING ABOUT THE BENEFIT OF DART, WHICH WAS OSTENSIBLY THE -- THE YEAR-LONG PRODUCT OF THAT REQUEST, AFTER THE BILL WAS WITHDRAWN. THAT WAS UNSATISFACTORY, SO THE VALUE OF TRANSIT STUDY THAT WAS REFERENCED EARLIER, OSAMA BIN LADEN EXTENSIONABLY, THE PURPOSE OF THE VALUE STUDY TO BEGIN WITH WAS TO CONVENE THE DART MEMBER CITIES AND GET A METHODOLOGY THAT EVERYONE AGREED ON TO PRODUCE A QUANTITATIVE VALUE THAT EACH MEMBER CITY COULD BE THAT'S WHAT HAS FAILED TO MATERIALIZE THROUGH THE VALUE OF TRANSIT STUDIES. I APPRECIATE THE EFFORTS TO CONVENE THE CFOs. WITH THE LEGISLATIVE SESSION, IT WAS WITH ABOUT SIX SECONDS LEFT ON THE CLOCK. THAT'S WHY WE'RE ASKING FOR AUTHORITY TO ADD THESE MEMBERS TO THE LEGISLATIVE PROGRAM AS WE HEAD TO THE CAPITOL. >> THANK YOU. >> Mayor Muns: I'M GOING TO SKIP THE NEXT TWO AND GO TO ITEM VII, DISCUSSION DIRECTION REGARDING THE PROCESS TO SELECT ASSOCIATE MUNICIPAL JUDGES. SO JUDGE McNULTY, THANK YOU FOR BEING HERE. >> THANK YOU FOR HAVING ME. I HAVE NO PARTICULAR PRESENTATION TO MAKE. I'M HERE TO RESPOND TO ANY KIND OF QUESTIONS YOU ALL MAY HAVE. >>ayor Muns:OUNCILMAN RICCIARDELLI, GO AHEAD. >> THANK YOU, MR. MAYOR. DEPUTY MAYOR PRO TEM, TOO, AND I REQUESTED TO PUT THIS ON THE AGENDA, AND CHIEF JUDGE McNULTY, THANK YOU SO MUCH FOR BEING HERE TONIGHT. AS I THINK WE ALL, THROUGH THE PROCESS OF HIRING CHIEF JUDGE McNULTY AS OUR CHIEF MUNICIPAL JUDGE, AND YOU KNOW, HE'S BEEN EXCELLENT OBVIOUSLY SO FAR IN THAT ROLE, I THINK WE ALL LEARNED A LITTLE MORE ABOUT WHAT THE CHARTER SAYS ABOUT THE ROLE OF THE COUNCIL WITH RESPECT TO THE APPOINTMENT OF MUNICIPAL JUDGES, INCLUDING ASSOCIATE MUNICIPAL JUDGES IN SECTION 13-3A SAYS ALL MUNICIPAL JUDGES ARE APPOINTED BY THE CITY COUNCIL. SO I WANTED TO MAKE SURE THAT WE WORK WITH CHIEF JUDGE McNULTY ON DESIGNING A COLLABORATIVE PROCESS WHERE WE MAKE SURE THAT AS A COUNCIL WE'RE DOING WHAT I THINK IS OUR DUTY UNDER THE CHARTER TO PERFORM A MEANINGFUL REVIEW OF THIS PROCESS TO PARTICIPATE IN A MEANINGFUL WAY, WHILE STILL RECOGNIZING THAT OBVIOUSLY CHIEF JUDGE McNULTY'S RECOMMENDATION IS GOING TO BE THE BIGGEST DATA POINT BECSE HE BEST KNOWS THE SKILL SET THAT'S NEEDED TO SUCCEED IN THIS POSITION AND THE FIT OF INDIVIDUALS, YOU KNOW, WITHIN THE COURT. AND OBVIOUSLY WILL ULTIMATELY BE THIS INDIVIDUAL'S BOSS ONCE THEY'RE APPOINTED BY THE COUNCIL. SO I THINK THAT'S THE BIGGEST DATA POINT. BUT UNDER THE CHARTER, YOU KNOW, WE HAVE THIS ROLE, WE'RE ACCOUNTABLE FOR THE DECISION THAT WE MAKE, AND SO I JUST WANTED TO MAKE SURE THAT WE HAVE A PROCESS WHERE WE'VE DONE OUR DUE DILIGENCE AND FULFILL OUR RESPONSIBILITIES UNDER THE CHARTER, SO I THOUGHT IT WOULD BE GREAT TO HAVE A CONVERSATION WITH CHIEF JUDGE McNULTY ABOUT HOW WE CAN PARTNER ON A COLLABORATIVE PROCESS THAT RESPECTS THE FACT THAT CHIEF JUDGE McNULTY OBVIOUSLY HAS INSIGHT INTO THIS THAT WE DON'T HAVE BUT THAT STILL PERFORMS THE ROLE DELEGATED TO THE COUNCIL BY THE CHARTER IN A MEANINGFUL WAY. >> Mayor Muns: OKAY. DEPUTY MAYOR? >> CHIEF JUDGE, I WANT TO MAKE SURE I UNDERSTAND THE HISTORICAL WITH REGARD TO THE CHARTER. I BELIEVE IT IS BECAU WE BECAME A COURT OF RECORD THAT NOW WE HAVE ADDITIONAL RESPONSIBILITY UNDER THE TEXAS CODE THAT SORT OF GET TRANSFERRED INTO OUR CHARTER. AM I UNDERSTANDING THAT CORRECTLY? >> CORRECT. IT'S THE TEXAS GOVERNMENT CODE IS WHAT GUIDES OUR COURT. AND IT ALSO HAS CONTRIBUTED TO WHAT HAS BEEN MELDED INTO THE CITY CHARTER, >> SO BASICALLY, PRIOR TO BEING A COURT OF RECORD, WE DID NOT HAVE THE COMPLIANCE REQUIREMENT, BUT NOW WE DO BECAUSE WE ARE NOW A COURT OF RECORD. I'M TRYING TO READ THAT. IS THAT -- >> I WANT TO SAY SOME TIME IN 2013 IS WHEN WE BECAME A COURT OF RECORD. >> RIGHT. >> AND PRIOR TO THAT, JUDGES WERE APPOINTED IN DEFINITE TERMS BY THE CITY COUNCIL. >> SO EVEN BEFORE WE WERE A COURT OF RECORD, WE WERE PRETTY MUCH IN COMPLIANCE BECAUSE IN ESSENCE, THE WAY OUR COUNCIL REALLY APPOINT OUR JUDGES REALLY IS TO APPOINT OUR CHIEF JUDGE, AND THEN WE PUT OUR TRUST IN THE CHIEF TO SELECT THE APPROPRIATE INDIVIDUALS WHO COULD ASSIST IN RUNNING THE MUNICIPAL COURT. AM I CORRECT? >> THAT'S CORRECT, BUT IT'S ALL SUBJECT TO COUNCIL'S APPROVAL, OBVIOUSLY. >> AND SO I GUESS MY QUESTION TO YOU IS, IN A WAY THAT WILL NOT INTERFERE AND INTERJECT THE PERSONAL AND POLITICAL OPINION OF THE COUNCIL, BUT YET STILL BE ABLE TO COMPLY WITH OUR DUTY TO MAKE SURE THAT WE ARE, YOU KNOW, COMPLYING WITH ORDINANCES, WHAT DO YOU, AS CHIEF JUDGE, SUGGEST HOW WE GO ABOUT IN THE FUTURE APPOINTMENTS OR SELECTION OF >> WELL, THAT'S KIND OF A DIFFICULT QUESTION. >> I'M SORRY. BECAUSE I'M PUTTING IT TO YOU. >> I CAN GIVE YOU A VERY SELF-SERVING ANSWER. (LAUGHTER) >> AND THAT'S FINE. >> BUT WHEN I WAS APPOINTED, I TOLD YOU ALL THAT I WAS GOING TO MAKE SURE THAT WE HAD ABSOLUTE TRANSPARENCY WITH THIS COURT. ANYBODY HAS ANY QUESTIONS, FEEL FREE TO CALL. I RETURN CALLS. I SUBMIT MY REPORTS, AND I RESPOND TO PHONE CALLS, RESPOND TO E-MAILS. AND I ENCOURAGE THAT. I ENCOURAGE ALL THAT INT FROM COUNCIL AND OTHER MEMBERS OF THE EXECUTIVE TEAM. WE CAN'T -- WE'LL NEVER BE A PERFECT COURT, AND WE CAN'T BE A BETTER COURT WITHOUT INPUT FROM EVERYONE ELSE, OKAY? FULLY COGNIZANT OF THE SEPARATION OF POWERS. WE ARE ALWAYS OPEN TO THE INPUT FROM OTHER PEOPLE, FROM LITIGANTS, FROM ATTORNEYS, FROM COUNCILMEMBERS, FROM PEOPLE WITHIN THE CITY. SO THE WAY WE DO IT NOW, I THINK -- LET ME STOP FOR JUST A SECOND BECAUSE AT EACH STAGE OF THIS SELECTION PROCESS THAT WE HAVE STARTED IN THE LAST MONTH, I HAVE KEPT YOU ALL UP TO DATE ON EVERYTHING THAT WE ARE DOING. AND THAT WAS MY INTENT FROM THE BEGINNING. I WANT TO MAKE SURE THAT YOU ALL ARE INVOLVED AND KNOW EXACTLY WHAT'S GOING ON. NOT TO GET INVOLVED IN IT, BUT JUST TO BE AWARE OF EACH STEP. TRADITIONALLY, THE CHIEF JUDGE WILL CONDUCT INTERVIEWS. AND I'VE WHITTLED IT DOWN FROM 42 PEOPLE TO 5 AT THIS POINT. CONDUCTED ALL FIVE INTERVIEWS, AND NOW IT'S GOING TO BE A MATTER OF BREAKING IT DOWN TO THREE AND THEN ULTIMATELY TO ONE PERSON. AGAIN, THESE WILL BE -- THE ULTIMATE SELECTION IS SUBMITTED TO YOU ALL. YOU HAVE THE ABSOLUTE RIGHT TO REJECT IT AND TELL ME, GO BACK TO THE DRAWING BOARD. THIS PERSON IS NOT ACCEPTABLE TO US. THAT'S IT. >> I WANTED TO CLARIFY SOMETHING BECAUSE THE MATERIALS I GAVE YOU PRIOR TO THE MEETING WERE JUST LOOKING AT WHAT THE LAW IS NOW. THE MUNICIPAL COURTS ARE GOVERNED BY CHAPTER 29 OF THE TEXAS GOVERNMENT CODE AND COURTS OF RECORD ARE CHAPTER 30 OF THE GOVERNMENT CODE. CHAPTER 29 SAYS YOU DEFER TO YOUR CITY CHARTER ON THE APPOINTMENTS OF THE JUDGES. SO THE CHARTER LANGUAGE TOOK PRIORITY. WHEN WE MOVED TO COURT OF RECORD, WE THEN HAD CAR DIRECTION FROM THE COURT OF RECORD PROVISIONS. I DIDN'T LOOK AT WHAT THE CHARTER SAID BEFORE, AND I DON'T RECALL HOW WE DID IT BEFORE. SO I'M NOT SURE ABOUT ANY OF THE PRIOR TO BEING A COURT OF RECORD. I JUST WANTED TO MAKE THAT CLEAR. >> WE WERE APPOINTED ON THE RECOMMENDATION OF THE CHIEF JUDGE. AND IT WAS FOR ALL INTENTS AND PURPOSES A LIFETIME APPOINTMENT. >> YOU'RE TALKING ABOUT AS AN ASSOCIATE JUDGE. >> THAT'S COECT OBVIOUSLY IS APPOINTED BY THE CITY COUNCIL. >> SO MY QUESTION TO YOU IS -- MY NEXT QUESTION WOULD BE, NOW THAT WE UNDERSTAND THAT WE HAVE A RESPONSIBILITY TO PARTICIPATE WITH -- YOU KNOW, WITH YOUR RECOMMENDATION, WITH RESPECT TO THE COURT AS PART OF OUR DUTIES TO, YOU KNOW, TO BE PART OF THE SELECTION PROCESS AS ASSOCIATE JUDGE, YOU RECOMMEND TO US, HOW ARE WE TO KNOW THE DIFFERENCE BETWEEN WHETHER OR NOT ONE PERSON IS BETTER AND THE OTHER E DO WE HAVE? ARE YOU GOING TO PROVIDE THAT TO US? ARE YOU GOING TO PROVIDE THE BACKGROUNDS? HOW YOU CAME TO THIS FIVE OR THIS THREE OR THIS TWO? >> YOU HAVE ABSOLUTELY EVERY RIGHT IN THE WORLD TO ASK ME HOW I ARRIVED AT MY DECISION. YOU HAVE ABSOLUTELY EVERY RIGHT IN THE WORLD TO SEE THE BACKGROUND INFORMATION. THAT'S PART OF YOUR RESPONSIBILITY AS CITY COUNCIL. AND I AM ABSOLUTELY OPEN TO DOING THAT. IF YOU WANT TO GET TOGETHER AND MEET AT SOME POINT AND GO OVER THE FIVE APPLICATIONS, I CAN GO OVER MY NOTES AND THE CRITERIA THAT I'VE GONE THROUGH AND TELL YOU WHY I REACHED THE DECISION THAT I REACHED. >> WELL, JUDGE, I'M NOT TRYING TO PUT SOME SORT OF ROUTINE IN PLACE RIGHT NOW. BUT I WANT SOMETHING THAT COULD BE PUT IN PLACE SO THAT THERE'S CONSISTENCY FROM COUNCIL TO COUNCIL. SO IN THIS COUNCIL, WE DO IT THIS WAY. IN ANOTHER COUNCIL, WE DO IT ANOTHER WAY. AND WE HAVE DIFFERENT INTERPRETATIS OF HOW THE CHARTER SHOULD BE IMPLEMENTED OR ENFORCED. SO I'D KIND OF LIKE TO HAVE SOME SORT OF WAY THAT WE CAN FIGURE OUT IF THERE'S ANY CONSISTENT WAY THAT WE CAN ALL AGREE TO. I THINK THAT'S WHERE I'M GOING WITH THIS. >> UNFORTUNATELY, THE WAY THAT THE CHARTER IS DRAFTED, IT'S VERY VAGUE. IT'S VERY VAGUE AS TO THE RESPONSIBILITIES OF THE CITY COUNCIL AND THE SELECTION PROCESS. OKAY. THAT'S A DECISION THAT'S MADE AT A MUCH HIGHER LEVEL THAN ME. IT'S A LEGISLATIVE ISSUE FOR ALL INTENTS AND PURPOSES. >> Mayor Muns: MAYOR PRO TEM. >> SO I'M PERSONALLY COMFORTABLE WITH THE CHIEF JUDGE MAKING RECOMMENDATIONS TO US AND THEN US VOTING ON THEM. I THINK, AS HE MENTIONED, HE GIVES US DIRECTION, AND HE GIVES US NOTES ON WHY HE THINKS THIS IS THE BEST PERSON. I THINK THAT THIS PERSON IS GOING TO BE REPORTING DIRECTLY TO THE JUDGE, SO HE NEEDS TO HAVE SOMEBODY HE THINKS IS QUALIFIED, AND THAT PERSON NEEDS TO WORK WELL WITH THEM, NOT WITH US THEY'RE NOT A DIRECT APPOINTEE REPORTING TO US. I'M MORE COMFORTABLE WITH HIM HAVING THAT REALLY CLOSE TOUCH POINT. I ALSO THINK THAT TO THE DEPUTY MAYOR PRO TEM'S POINT ABOUT PUTTING SOMETHING ON THE BOOK SO THAT IT STAYS, ANY COUNCIL CAN COME AFTER US AND CHANGE WHAT THE PROCESS IS. SO I DON'T PERSONALLY -- I DON'T PERSONALLY THINK THAT THAT'S NECESSARY FOR ME. I THINK THE PROCESS IS WORKING WELL NOW IF YOU WANT TO ADD MORE DETAILS THAT U PROVIDE . MAYBEHAT'S FI. I THINK IT'S WORKING FINE. >> Mayor Muns: EVERYBODY OKAY WITH THAT? >> Ricciardelli: FIRST I WANTED TO HEAR FROM JUDGE McNULTY ABOUT SUGGESTIONS. AS I MENTIONED AT THE OUTSET, THE CHARTER SAYS ALL MUNICIPAL COURT JUDGES SHALL BE APPOINTED BY CITY COUNCIL. THAT DOESN'T MEAN WE'RE DOING THE WHOLE 42-PERSON PROCESS, BUT WE BEAR A HIGH LEVEL OF RESPONSIBILITY FOR WHO IS APPOINTED. IN ORDER TO TAKE ON THAT RESPONSIBILITY -- AND I'D LOVE THE COUNCIL'S THOUGHTS, CHIEF JUDGE McNULTY'S THOUGHTS, BUT IF WE HAD THE RESUMES FOR ALL THE FINALISTS, NOT JUST THE ONE RECOMMENDATION, AS WE'VE TRADITIONALLY HAD, IF WE INTERVIEWED, YOU KNOW, AT LEAST THE PERSON WHO WE'RE ACTUALLY APPOINTING, THE PERSON WHO IS RECOMMENDED, YOU KNOW, POTENTIALLY ON THE EVENING WHERE THAT'S ON THE CONSENT AGENDA SO THAT WE CAN HAVE DONE OUR DUE DILIGENCE WHERE WE'VE AT LEAST TALKED TO THE PERSON WHO WE'RE VOTING TO APPOINT AND THEN HAVE A PRESENTATION FROM CHIEF JUDGE McNULTY IN THAT EXECUTIVE SESSION WITH ESSENTIALLY WHAT YOU SAID, JUDGE, GOING THROUGH YOUR NOTES, EXPLAINING WHAT WAS IMPORTANT AND WHY YOU'VE REACHED THE RECOMMENDATION THAT YOU'VE REACHED. AND THEN SOMEHOW HAVE A PROCESS FOR PUBLIC COMMENT ON THE PROPOSED APPOINTMENT. I THINK WITH THOSE FOUR INGREDIENTS, WE'D HAVE A REALLY SUCCESSFUL PROCESS THAT WE'D STILL, YOU KNOW, RESPECT THE FACT THAT ULTIMATELY THIS ASSOCIATE MUNICIPAL JUDGE IS GOING TO REPORT TO THE CHIEF MUNICIPAL JUDGE, BUT ALSO FULFILL WELL OUR ROLE WHERE THE CHARTER SAYS THAT ULTIMATELY THIS IS AN APPOINTMENT BY THE CITY COUNCIL. >> I WOULD LIKE TO TAKE AS MANY STEPS AS POSSIBLE NOT TO CREATE A POLITICAL POSITION IN THIS, AND IT SOUNDS TO ME THAT WE'RE GETTING CLOSE TO THAT. >> Ricciardelli: IF I MAY SAY, I BELIEVE U.S. MAGISTRATE JUDGES, THERE'S PUBLIC COMMENT. I DON'T THINK THAT'S A POLITICAL POTI. I' CERTAINLY NOT SUGGESTING WE SHOULD TRY TO MAKE THIS A POLITICAL POSITION. >> Mayor Muns: COUNCILMEMBER SMITH. >> Smith: THANK YOU, MAYOR. GOOD IDEAS, GOOD POSITIONS. WHAT I WOULD SUGGEST, I THINK WE ALL AS A BODY HIRED THIS MAN STANDING BEFORE US AS THE NEXT COUNCIL SOME TIME DOWN FROM THE ROAD THIS FELLA DECIDES NOT TO DO IT ANYMORE. >> THANK YOU. >> Smith: BUT I THINK WITH THAT IN MIND, I WOULD BE FINE SETTING A PRECEDENT THAT THE CHIEF JUDGE WEEDS THEM OUT AND I THINK COUNCILMAN RICCIARDELLI SAYING TO HAVE THEIR RESUME, THAT'S GREAT. YOU CAN'T REALLY JUDGE SOMEBODY FROM A PIECE OF PAPER. THE PERSON WORKING WITH THEM EVERY DAY, IN THIS CASE, THE CHIEF JUDGE, KNOWS WHAT THEY WANT, WHAT THEY WANT FOR THE COHERENCE AND EVERYTHING OF THE OFFICE. I WOULD SAY LET'S DO THAT, LET HIM WEED THEM OUT, MAKE THE RECOMMENDATION. WE INTERVIEW. IF WEIKE THEM, BOOM, DONE. IF THERE'S SOMETHING THAT DOESN'T QUITE SEEM RIGHT TO ANY OF US, YOU KNOW, WE CAN SAY NO, LET'S LOOK AT NUMBER TWO OR GO BACK TO THE JUDGE AND SAY LET'S TRY IT AGAIN. BUT I'M FINE. YOU KNOW, IF THE CHIEF JUDGE SAYS THIS IS THE PERSON I WANT, LET'S TALK TO THEM. IF WE LIKE THEM, WE AGREE. BOOM, IT'S DONE. AND THEN COUNCILS CAN FOLLOW THAT. >> I LIKE THAT. >> I LIKE THAT AS WELL. >> Mayor Muns: OKAY. DO WE NEED TO BRING THAT FORWARD? OR JUDGE, ARE YOU OKAY WITH THIS? >> ONE, TWO, THREE -- YES. (LAUGHTER) >> Mayor Muns: THANK YOU. >> MAYOR AND COUNCIL, I THINK WE'RE FIND WITH THE GENERAL DIRECTION ON THIS ONE. SO WE'LL GO FORWARD WITH THAT. AND WE'LL ADVISE THE COUNCIL ON THE PROCESS. THE JUDGE AND I WILL WORK TOGETHER TO MAKE SURE THAT Y'ALL ARE INFORMED. >> AS LONG AS WE CAN HAVE SOME KIND OF A BACK AND FORTH SO WE DO UNDERSTAND WHAT THE GENERAL DIRECTION IS GOING TO BE. >> I HAVE JUST A COMMENT. I BELIEVE THAT, JUDGE, YOU'VE BEEN OPEN AND TRANSPARENT WITH US FROM THE TIME OF YOUR APPOINTMENT. I HAVE NO DOUBT THAT YOU'RE GOING TO CONTINUE. HOWEVER, JUST LIKE ANOTHER COUNCILMEMBER HAD POINTED OUT, WE MAY NOT HAVE TWO ATTORNEYS EVERY SINGLE SESSION THAT WE ARE. SO I WANTED TO MAKE SURE THAT THERE IS A CONSISTENCY THAT'S PUT IN PLACE SO THAT REGARDLESS OF WHAT HAPPENED, YOU KNOW, IT WILL ALWAYS -- THIS WILL BECOME A ROUTINE AND IT WON THE ROAD. >> AND HONESTLY, IT HAS NOTHING TO DO WITH THE PRESENCE OF ANY ATTORNEYS IN HERE TO ME. I THINK YOU KNOW ME WELL ENOUGH THAT IT DOES NOT. >> Mayor Muns: THANK YOU, JUDGE, APPRECIATE IT. >> THANK YOU. ANY OTHER QUESTIONS? >> Mayor Muns: NO, THANKS. >> THANK YOU. >> Mayor Muns: WE'RE GOING TO MOVE ITEM III AND IV TO A FUTURE PRELIMINARY OPEN MEETING, DUE TO TIME RESTRAINTS. SO WE'RE GOING TO MOVE TO CONSENT AND REGULAR AGENDAS. ANY ITEM -- >> WE HAD A MEMBER OF THE PUBLIC REQUEST THAT ITEM I -- >> Mayor Muns: OKAY. ALL RIGHT. OKAY, THANK YOU. NEXT ITEM, ITEMS FOR FUTURE AGENDAS, DISCUSSION. COUNCILMAN WILLIAMS? >> Williams: MAYOR, FOR THE FIRST MEETING IN APRIL, I'D LIKE TO PUT IT ON THE AGENDA FOR US TO LOOK AT AN ACTUAL ORDINANCE RESTRICTING SHORT-TERM RENTALS. THAT SHOULD GIVE US ENOUGH LEAD TIME TO LOOK AT HOW IT SHOULD BE CRAFTED. THE SHORT-TERM RENTALS WERE FIRST PUT ON MY RADAR IN 2019 WITH A MURDER AT A SHORT-TERM RENTAL. WE'VE BEEN GATHERING DATA THREE YEARS SINCE,ND WE'VE HAD ANOTHER SHOOTING, WHICH I SUSPECT SOME FOLKS HAVE COME TO SPEAK ON. I'D LIKE TO MOVE FORWARD WITH ACTUAL CONSIDERATION. >> I'LL SECOND THAT. >> COUNCIL, JUST FOR CLARIFICATION, CAN YOU BE MORE SPECIFIC ON WHAT YOU'RE LOOKING FOR ON -- >> (OFF MIC). >> OKAY. YEAH, PUT IT ON THE NEXT MEETING FOR PRELIMINARY. >> TO GIVE IT DIRECTION? >> Mayor Muns: YEAH. >> OKAY, THANK YOU. >> Mayor Muns: I'D LIKE TO RECESS AND RETURN AT 7:00. >> Mayor Muns: I NOW DECLARE THAT THE PLANO CITY COUNCIL IS RECONVENED IN OPEN SESSION, THAT ALL MEMBERS ARE PRESENT. WE'LL BEGIN TONIGHT'S REGULAR MEETING WITH THE INVOCATION LED BY PASTOR MATTHEW WITH COMMISSION CHURCH AND THE PLEDGE OF ALLEGIANCE AND TEXAS PLEDGE LED BY PLANO FIRE RESCUE POST 215. WOULD YOU PLEASE STAND? >> LET US PRAY. FATHER GOD, WE ARE SO GRATEFUL AND THANKFUL FOR THIS BEAUTIFUL EVENING, THIS BEAUTIFUL DAY THAT YOU'VE BLESSED US WITH. LORD, I AM GRATEFUL FOR THIS COUNTRY AND THE OPPORTUNITY OF FREE SPEECH, WHERE WE CAN OPENLY PRAY FOR OUR LEADERS, OUR CITIES, AND THIS BEAUTIFUL COUNTRY THAT WE LIVE IN. LORD, WE ARE INSTRUCTED TO PRAY FOR KINGS AND ALL THOSE IN AUTHORITY, THAT WE MAY LIVE PEACEFULLY IN THIS LAND IN QUIET HOLINESS. LORD, TODAY AS I'M GIVEN THE TASK TO BRING THE INVOCATION TO THE CITY COUNCIL, WE LIFT UP THE LOCAL LEADERS TODAY. I THANK YOU, LORD, FOR THE AUTHORITY OF THE LOCAL LEADERS AND THOSE WHO MANAGE THE MAJORITY OF OUR DAILY LIVES. TODAY I PRAY FOR OUR MAYORS, OUR CITY COUNCILMEMBERS, OUR CITY COMMISSIONERS, OUR POLICE CHIEFS, OUR CITY MANAGER TODAY, OUR JUDGES, AND ALL THOSE WHO SERVE IN OUR LOCAL COMMUNITIES, GOD. I PRAY FOR MAYOR MUNS AND PRAY FOR HIS LEADERSHIP AND PRAY FOR KAYCI PRINCE, MARIA TU, COUNCILMEMBERS ANTHONY RICCIARDELLI, RICK GRADY, SHELBY WILLIAMS, JULIE HOLMER AND RICK SMITH. I PRAY ESPECIALLY FOR CI MANAGER MARK ISREALSON AND HIS AMAZING TEAM OF PEOPLE THAT MAKE THE WHEELS OF THIS CITY TURN DAY AFTER DAY. I THANK YOU, LORD, FOR THE DECISION-MAKING OF THIS AMAZING COUNCIL THAT MEETS REGULARLY TO SERVE THIS CITY AND THE CITIZENS OF THIS CITY. LORD, I THANK YOU FOR OUR MUNICIPAL COURT JUDGES, THANK YOU FOR POLICE CHIEF AND HIS LEGION OF AMAZING POLICE OFFICERS THAT PROTECT OUR CITY. AND LORD, I PRAY THAT YOU WILL STRENGTHEN THEM WITH WISDOM, YOU WILL GIVEHEM T GRACE FOR THE HEAVY BURDENS THAT THEY CARRY. WE PRAY, GOD, THAT YOU WILL GIVE THEM THE ABILITY TO MANAGE THEIR TEAMS AND PROJECTS WITH LOVE. I PRAY THAT YOU WILL KEEP THEIR HEARTS PURE AND THEIR EYES TURNED TOWARDS YOUR FACE AS THEY WORK IN THE BEST INTEREST OF THE PEOPLE THAT THEY ARE CALLED TO SERVE. I PRAY, GOD, THAT THEY WILL NEVER FORGET THEY ARE SERVANT LEADERS. I PRAY, GOD, THAT YU WILL GIVE EVERY LEADER THE STRENGTH SO THEY DO NOT GROW WEARY IN THEIR LEADERSHIP ROLE. I PRAY THAT EVERY LEADER WILL RECOGNIZE THAT THEY ARE ASSIGNED BY YOU TO DO YOUR WILL IN THIS CITY. THEREFORE, I KNOW, GOD, AT THE RIGHT TIME, THAT YOU WILL HELP THEM, YOU WILL ENABLE THEM, I PRAY, GOD, THAT YOU WILL BE WITH THEM. I PRAY FOR ALL THE CITY COUNCILMEMBERS THAT ARE RUNNING FOR RE-ELECTION. LORD, I JUST PRAY, GOD, YOU WILL GIVE THEM GRACE, GIVE THEM STRENGTH THROUGH THE SPIRIT TO SERVE THE CITY AS WELL AS TO BE ABLE TO MANAGE THE CAMPAIGNS. THANK YOU, LORD. I PRAY FOR DIVINE STRENGTH FOR EVERY LEADER AND THAT THEY WILL NOT RELY ON THEMSELVES BUT RELY ON YOU. WE PRAY THIS PRAYER IN JESUS' NAME, AMEN. >> PLEASE STAY STANDING FOR THE PLEDGE OF ALLEGIANCE, FOLLOWED BY THE TEXAS PLEDGE. (PLEDGE OF ALLEGIANCE) (TEXAS PLEDGE) >> Mayor Muns: BE SEATED. HEY, GUYS, HOW ARE YOU? >> GOOD. (LAUGHTER) >> Mayor Muns: I WANTED TO TAKE A PICTURE. >> YES, PLEASE. >> Mayor Muns: COME ON UP HERE. THANK YOU GUYS SO MUCH. >> THANK YOU. >> Mayor Muns: YOU BET. THANKS AGAIN. SO WE HAVE A COUPLE OF PRESENTATIONS. OUR FIRST IS THE SALVATION ARMY OFORTH TAS PRESENTING THE RESULTS OF THE 2022 RED KETTLE CHALLENGE. I'D LIKE TO CALL FORWARD MARCOAH LA ABACA, LAI LABACA, AND MARY FREEMAN. >> MY NAME IS LIEUTENANT SABACA. HERE WITH ME IS MY COMMUNITY RELATIONS DIRECTOR MARY FREEMAN OF THE NORTH TEXAS AREA COMMAND FOR DENTON AND COLLIN COUNTIES. MAYOR, WE CAME TODAY, WE WANT TO THANK YOU AND THE CITY LEADERS FOR PARTICIPATING IN OUR 2022 MAYORS RED KETTLE CHALLENGE THAT HELPED, YOU KNOW, RAISE THE MUCH-NEEDED FUNDS IN THE PLANO AREA. YOUR LEADERSHIP INSPIRED YOUR CITY COUNCIL, AS WELL AS THE LUCAS MAYOR, TO ALSO PARTICIPATE IN THE 2022 MAYORS RED KETTLE CHALLENGE. SO TODAY WE ARE HERE AND PLEASED TO PRESENT YOU WITH A CERTIFICATE OF APPRECIATION. ONE FOR YOU AND ONE FOR EACH ONE OF YOUR CITY COUNCILMEMBERS FOR HELPING, YOU KNOW, JOINING THE CHALLENGE AND HELPING US RAISE THE MUCH-NEEDED FUNDS FOR THE SALVATION ARMY'S YEAR-ROUND PROGRAMS THAT HELP ADDRESSING FAMILIES' INSTABILITY CAUSED BY HOMELESSNESS AND POVERTY IN THE PLANO AREA. WE'RE HAPPY TO REPORT YOURS AND THE CITY COUNCIL'S VERY SUCCESSFUL EFFORTS. ANTHONY RICCIARDELLI RANKED FIRST IN TOTAL DOLLARS RAISED. (APPLAUSE) $863.91 FROM TWO DONORS. THANK YOU VERY MUCH. CITY COUNCILMEMBER RICK SMITH. (LAUGHTER) YES, CITY COUNCILMEMBER RICK SMITH RANKED SECOND IN TOTAL DOLLARS RAISED, $792.99. THANK YOU VERY MUCH, RICK. WE APPRECIATE YOU VERY MUCH. CITY COUNCILMBER JULIE HOLMER RANKED FIRST IN TOTAL NUMBER OF DONORS, 11 DONORS TO RAISE $762.34. (APPLAUSE) THANK YOU VERY MUCH. FOR A TOTAL OF $3,256.47 FROM THE PLANO MAYOR AND CITY COUNCIL. THANK YOU VERY MUCH TO ALL OF YOU >> Mayor Muns: THANK YOU. >> AND ONE MORE THING I WOULD LIKE TO ADD, IT'S THE MOST IMPORTANT. BECAUSE OF YOUR EFFORTS, WE OWE YOU A DEBT OF GRATITUDE BECAUSE IT INSPIRED THEECRUITMENT OF 14 VOLUNTEERS AND 20 MORE DONORS TO RAISE A TOTAL OF $3,761.74 IN DONATIONS. SO WE THANK YOU VERY MUCH, MAYOR, CITY COUNCIL, FOR HELPING YOUR NEIGHBORS IN NEED. >> Mayor Muns: THANK YOU SO MUCH. LET'S GIVE THE SALVATION ARMY A HAND. (APPLAUSE) (APPLAUSE) >> THANK YOU, GUYS. >> Mayor Muns: NEXT, THE COLLIN COUNTY MASTER GARDNER'S ASSOCIATION IS CELEBRATING ASK A GARDENER MONTH IN MARCH. LINDA WILCOX, MICK BELLINGER, MARY ANNE WHITE, CO-LEADER, AND CITY OF PLANO EMPLOYEES, WHO ARE MASTER GARDENERS. I WANT TO KNOW WHO THAT IS TOO. BECAUSE I HAVE SOME WORK FOR Y'ALL TO DO. (LAUGHTER) SO IT'S A REAL THRILL AND A GREAT OPPORTUNITY TO READ AND PRESENT THIS PROCLAMATION. WHEREAS THE VOLUNTEER MEMBERSHIP OF THE COLLIN COUNTY MASTER GARDENER'S ASSOCIATION, AFFILIATED WITH TEXAS A&M AGRILIFE EXTENSION SERVICE, THE TEXAS A&M UNIVERSITY SYSTEM, HAS SERVED THE CITY OF PLANO RESIDENTS SINCE 1997. AND WHEREAS THE MISSION OF THE COLLIN COUNTY MASTER GARDENER'S ASSOCIATION IS TO ASSIST AND SUPPORT THE TEXAS A&M AGRILIFE EXTENSION HORTICULTURAL AGENT AND PROVIDING OUR COMMUNITY WITH THE RESEARCH-BASED INFORMATION ON SUSTAINABLE HORTICULTURAL PRACTICES, ENVIRONMENTAL STEWARDSHIP. WHEREAS THE COLLIN COUNTY MASTER GARDENER'S ASSOCIATION PROVIDES SCIENCE-BASED HORTICULTURAL INFORMATION AT NO CHARGE TO THE PUBLIC THROUGH THEIR ASK THE MASTER GARDENER BOOTH, THEIR INFORMATION CENTER, THE GARDEN CARETAKING SERVICES AT HERITAGE FARMSTEAD MUSEUM, THE SPEAKERS BUREAU, IN SUPPORT FOR THE PLANO WATERWISE LANDSCAPE TOURS, THE GARDEN SHOW, AND MANY OTHER RESOURCES THAT CANE ACCESSED FROM THEIR WEBSITE, AS WELL AS THROUGH THEIR MANY COMMUNITY-BASED PROJECTS AND VOLUNTEER SERVICES. NOW, THEREFORE, I, ON BEHALF OF THE CITY COUNCIL AND CITIZENS OF PLANO, DO HERE BY PROCLAIM MARCH OF 2023 AS ASK A MASTER GARDENER MONTH IN THE CITY OF PLANO, AND I DO, THEREBY, ENCOURAGE ALL CITIZENS TO SUPPORT AND UTILIZE THE HORTICULTURAL SERVICES AND ONGOING EDUCATIONAL PROGRAMS PROVIDED BY THE COLLIN COUNTY MASTER GARDENER'S ASSOCIATION. CONGRATULATIONS, LADIES >> THANK YOU. >> Mayor Muns: YOU BET. (APPLAUSE) COME ON OVER HERE, WE'LL TAKE A PICTURE. CONGRATULATIONS. >> THANK YOU. (APPLAUSE) >> Mayor Muns: THANK YOU SO MUCH. OKAY. I THINK IT'S TIME TO MOVE ON TO 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 I CHOOSE TO PLACE THE ITEM ON A FUTURE AGENDA. AND WE DO HAVE SEVERAL SPEAKERS THIS EVENING. THE FIRST ONE IS JEREMIAH SMITH. HE HAD SIGNED UP TO SPEAK ON ZOOM. HE'S NOT THERE? IS MR. SMITH IN THE AUDIENCE? OKAY. WE WILL MOVE ON TO KATHERINE PARKER. >> CITY COUNCILMEMBERS, MAYOR MUNS, I'M KATHERINE QUALIANA PARKER, MY HUSBAND AND I HAVE LIVED IN PLANO FOR EIGHT YEARS. I DO NOT WANT TO BE HERE TODAY. NONE OF US IN THE TEXAS NEIGHBORHOOD COALITION WANTS TO BE HERE. WE HAVE BEEN TALKING TO YOU FOR NEARLY A YEAR ABOUT SHORT-TERM RENTALS. WE KEEP TELLING YOU THAT ON ANY GIVEN DAY, SOMETHING TERRIBLE CAN AND WI HAPPEN AT ONE OF THE HUNDREDS OF SHORT-TERM RENTALS IN OUR NEIGHBORHOOD. WELL, THAT DAY HAS COME. OUR NEIGHBORS IN OAKWOOD GLEN, AS YOU WILL HEAR TONIGHT, WERE TRAUMATIZED THIS WEEKEND BY WITNESSING MULTIPLE ROUNDS OF GUNFIRE OUTSIDE OF A SHORT-TERM RENTAL. HERE'S WHAT THAT SOUNDS LIKE. (INDISCERNIBLE AUDIO PLAYING) (GUNFIRE) IT'S SHOCKING, ISN'T IT? ENOUGH IS ENOUGH. ON BEHALF OF THE PLANO CHAPTER OF THE TEXAS NEIGHBORHOOD COALITION, WE ARE DEMANDING AN IMMEDIATE END TO SHORT-TERM RENTALS IN OUR RESIDENTIAL NEIGHBORHOODS. NOW. (APPLAUSE) >> THE NEXT SPEAKER IS TERRY FRAZIER, WHO WILL BE FOLLOWED BY GEORGIA LANDAUER. >> HELLO. MY NAME IS TERRY FRAZIER. AND FORGIVE ME. I'M NERVOUS WITH PUBLIC SPEAKING. I'VE LIVED IN PLANO ABOUT TEN YEARS. AND I LIVE IN A QUIET NEIGHBHOOD AND IT'S BEEN QUIET UNTIL LAST FALL WHEN I BECAME NEXT-DOOR NEIGHBORS WITH A SHORT-TERM RENTAL. AND AS MANY OF YOU NOW KNOW, THERE WAS A TERRIFYING INCIDENT OVER THE WEEKEND. BUT I THOUGHT -- AND MANY PEOPLE ARE GOING TO SPEAK TO THAT TONIGHT. BUT I THOUGHT I MIGHT TAKE A MOMENT AND SPEAK ABOUT WHAT IT'S LIKE EVEN BEFORE WE GOT TO THIS POINT. SO LIVING NEXT DOOR TO A SHORT-TERM RENTAL IS LIKE LIVING IN A BAR DISTRICT. THERE ARE PARTIES VERY OFTEN. AND THESE PARTY GOERS LINE OUR STREETS WITH THEIR CARS, BLOCK OUR MAILBOXES, PROHIBIT MAIL DELIVERY. THEY COME AND GO AT ALL HOURS OF THE NIGHT. THE PARTIES THAT DON'T REQUIRE POLICE ASSISTANCE DO STILL CAUSE NOISE, NO SLEEP, LIVING NEXT DOOR, PARTY GOERS LEAVE THE SHORT-TERM RENTAL TO GO TO THEIR CARS PARKED DOWN THE STREET. AND AS THEY DO SO, THEY PAUSE -- AND I HAVE WATCHED OUT THE WINDOW AS THESE PARTY GOERS HAVE STOPPED TO -- ONCE TO VOMIT IN MY YARD AND ONCE A MAN PAUSED ONCE, UNZIPPED HIS PANTS, AND URINATED IN MY YARD. AND THIS WAS BEFORE THINGS GOT BAD. AND THIS IS NOT SOMETHING THAT SOMEONE LIVING IN A RESIDENTIAL AREA SHOULD HAVE TO DEAL WITH. I FEEL LIKE I LIVE NEXT TO A BAR. AND NOW WITH THE EVENTS OF THIS WEEKEND, I'M TERRIFIED BECAUSE ASIDE FROM THE TRASH IN MY YARD, THE CIGARETTES, THE WINE BOTTLES, THE NOISE, NOW WE'RE DEALING WITH GUNFIRE. AND WHEN THIS HAPPENED, WE DID NOT KNOW, IS THERE GOING TO BE MORE GUNFIRE? WHAT IS GOING TO HAPPEN? PEOPLE WERE COWERING IN THEIR HOUSES. I LIVE IN A QUIET RESIDENTIAL p ASKING YOU TO BAN SHORT-TERM RENTALS BECAUSE WE SHOULD NOT HAVE TO FEEL LIKE WE LIVE NEXT TO A BAR, AND WE SHOULD NOT HE BE DUCKING FOR COVER AT 2:00 IN THE MORNING WHEN GUNFIRE BREAKS OUT. THANK YOU FOR LISTENING. (APPLAUSE) >> THANK YOU TO THE COUNCILMEMBERS AND TO MAYOR JOHN MUNS FOR LETTING US BE HERE. I LIVE IN THE NEIGHBORHOOD WHERE -- I'M GEORGIA LANDAUER. I LIVE IN THE NEIGHBORHOOD WHERE THIS OCCURRED. THE PARTY MEMBERS WERE IN CARS AND HANGING OUT OF CARS AND IN OUR FRONT YARD. LATE SATURDAY NIGHT AND EARLY SUNDAY MORNING. THEY WERE CURSING. THEY WERE RUNNING BACK AND FORTH. I STEPPED OUTSIDE AT ONE POINT AND ASKED THEM WHAT WAS GOING ON, AND I GOT CURSED AT. SO I WENT BACK IN MY HOUSE. AND I CALLED THE POLICE AT 12:30 A.M. THE POLICE DID COME BY, BUT APPARENTLY DIDN'T SEE ANYTHING THAT THEY COULD DO ANYTHING ABOUT AT THAT TIME. AT ABOUT 1:30, THINGS ESCALATED AGAIN AND WERE GETTING EVEN WORSE. THERE WAS A LOT OF ARGUING, EVEN MORE CURSING, MORE PEOPLE RUNNING UP AND DOWN THE STREET. AND THE PARTY HOUSE, AS I NOW CALL IT, IS TWO HOUSES AWAY FRO ME. APPARENTLY THEY WERE YELLING BACK AND FORTH AT EACH OTHER AND DECIDING IF THEY KNEW IT, THERE WERE THE MULTIPLE GUNSHOTS GOING ON THAT YOU HEARD ON THE RECORDING. I HIT THE FLOOR AS FAST AS I COULD AND YELLED AT MY HUSBAND TO DO THE SAME. IT'S SOMETHING I NEVER THOUGHT I WOULD HAVE TO DO IN MY HOUSE THAT I'VE LIVED IN SINCE 1998. IT'S BEEN A VERY SAFE NEIGHBORHOOD, A VERY CALMING PLACE TO LIVE IN. AND IT'S NOT FAIR THAT WE SHOULD HAVE TO LIVE LIKE THAT. I DON'T FEEL SAFE IN MY HOUSE ANYMORE. AND WHEN I WOKE UP THE NEXT DAY AND FOUND OUT MY NEIGHBORHOOD HAD A BULLET THROUGH HER HOME, I'M ACTUALLY SHOCKED THAT THERE WEREN'T MORE. I'M SHOCKED THAT NOBODY WAS REALLY INJURED OR KILLED. WHEN THE SHOTS WENT OFF, SEVERAL OF THE CARS OF PEOPLE TOOK OFF AT THE SAME TIME. THERE WERE PEOPLE RUNNING ON THE SIDE OF MY HOUSE, BECAUSE I LIVE ON THE COG DOWN THE FRONT. THE POLICE DEPARTMENT DID RESPOND VERY QUICKLY. THERE WERE POLICE ON THE CORNER OF MY HOUSE AND POLICE IN FRONT OF MY HOUSE. THEY WERE RISKING THEIR LIVES TO COME AND RESPOND TO THESE PEOPLE THAT HAD GUNS THEMSELVES. AND THEY STOPPED AND WERE TRYING TO ARREST SOME OF THESE PEOPLE. PLEASE STOP THE SRT-TERM RENTALS THAT HAVE TURNED INTO PARTY HOUSES AND DANGEROUS PLACES FOR US TO LIVE. AND TURN OUR NEIGHBORHOOD INTO A SAFE PLACE TO LIVE. THANK YOU VERY MUCH FOR YOUR TIME. (APPLAUSE) >> THE NEXT SPEAKER IS ZOE SANCHEZ RAVEAL, FOLLOWED BY CHRIS BRACHMAN. >> CITY COUNCILMEMBERS, MAYOR MUNS, MY NAME IS ZOE SANCHEZ, AND MY HUSBAND AND I AND OUR 3-YEAR-OLD DAUGHTER LIVE IN PLANO, TEXAS SINCE AUGUSTF LAST YEAR. EARLY SUNDAY MORNING, I WOKE UP TO THE SOUNDS OF GUNSHOTS HITTING MY HOUSE. MY IMMEDIATE REACTION WAS TO REACH OVER TO MY DAUGHTER, WHO WAS SLEEPING SOUNDLY AND MAKE SURE THAT SHE WAS SAFE. I TURNED TO MY HUSBAND AND SAID THOSE ARE GUNSHOTS. I IMMEDIATELY TEXTED MY NEIGHBORS TO MAKE SURE THEY WERE SAFE AND SEE WHAT WAS HAPPENING. MY NEIGHBOR TIM, WHO IS THE HUSBAND OF MS. GEORGIA, TEXTED ME BACK SAYING THAT HE CALLED 911 AND TO STAY AWAY FROM THE WINDOWS. MY BODY WAS PUMPING ADRENALINE AT AN UNIMAGINABLE RATE. WHEN I HEARD THE SIRENS, I PEERED OUT OF THE WINDOW OF MY MASTER BEDROOM BUT DECIDED TO RETREAT BACK TO THE SAFETY OF MY DAUGHTER'S ROOM. IN AN ATTEMPT TO EVADE THE CRIPPLING ANXIETY AND FEAR THAT WAS KEEPING US AWAKE FROM SLEEPING, ALL OF US, ALL THE NEIGHBORS, KEPT TEXTING EACH OTHER. IN THE MORNING, MY HUSBAND'S PLAN WAS TO LET ME SLEEP, BUT HE WOKE ME UP AND SAID I NEED YOU TO GET UP. AND IN MY BATH ROBE, GLASSES, I WALKED TO THE FRONT DOOR TO SEE ALL MY NEIGHBORS GATHERED IN FRONT OF THE WINDOW OF MY DAUGHTER'S PLAY ROOM, WHICH YOU CAN SEE THERE. MY HUSBAND RAISED HIS FINGER, AND I SAW THE LARGE BULLET HOLE THAT HAD PENETRATED OVER OUR DOUBLE-PANED WINDOW THAT WAS RIGHT ABOVE MY DAUGHTER'S DAYBED. AND THEN HE POINTED TO THE WALL WHERE MY DAUGHTER'S PLAY KITCHEN A MIRRORERE STANDING WITH A BULLET HOLE ABOVE THAT. THAT PENETRATED THAT WALL AND RICOCHETED, HITTING MY SHUTTER BLINDS AND HITTING MY DINING ROOM WALL. I WAS IN A COMPLETE DAZE. HOW IS IT MY HOME WAS VIOLATED BY A STRAY BULLET? I THEN THOUGHT AND THANKED GOD WE WERE IN A DIFFERENT PART OF THE HOUSE AND AS MY MIND BEGAN TO THINK, HAD MY DAUGHTER BEEN PLAYING THERE, HAD WE BEEN SLEEPING THERE WH HER AS WE OFTEN DO, OR IF MY HUSBAND WOULD HAVE BEEN READING A BOOK OR CLEANING OUT THE CAT LITTER, WHAT WOULD HAVE HAPPENED? MY MIRACLE BABY, MY PERFECT LIFE, COULD HAVE BEEN TAKEN FROM ME IN A SPLIT SECOND. THERE ARE AT LEAST 20 ROUNDS AND MORE THAN 20 INSTANCES WHERE MY LIFE COULD HAVE COMPLETELY CHANGED. I SPENT ALL OF TODAY PRAYING AND THANKING THE GUARDIAN ANGELS AND GOD THAT KEPT US SAFE. COMING TO LEARN THAT THE GUNFIRE STEMMED FROM AN OUT OF CONTROL PARTY BEGAN THE ANGER. I'M SORRY, I'M GOING TO KEEP GOING. SHORT-TERM RENTALS DO NOT BELONG IN A TIGHT-KNIT FAMILY COMMUNITY. WE DON'T KNOW WHAT TYPE OF PEOPLE COME INTO THOSE PARTY HOUSES, NOW THAT WE HAVE NAMED. AND I DON'T EVEN LIVE NEXT TO THE PARTY HOUSE. I LIVE AROUND THREE DOORS DOWN TO THE LEFT. YESTERDAY NHT I THOUGHT I DID -- I DID SOMETHING I THOUGHT I'D NEVER HAVE TO DO AS A MOTHER OF A THREE-YEAR-OLD. I TOLD MY BABY GIRL LUNA, SAID IF MOMMY OR DADDY EVER SAY DROP TO THE FLOOR, WE GET DOWN LIKE THIS. WE LAID DOWN WITH OUR HANDS AND FEET APART, FLAT, FACING EACH OTHER. AND THEN I SAID, AND WHEN IT'S OKAY TO GET UP, WE GET UP AND THEN WE'LL HAVE A TICKLE FIGHT. AND SHE LAUGHED. I STILL COULDN'T SLEEP LAST NIGHT, AND I'M SCARED OF WHAT THE WEEKEND MIGHT BRING IN THAT I WANT TO CLOSE OFF THAT PART OF THE HOUSE SO WE CAN BE SAFE. I CAME TO YOU AS A MEMBER OF THE COMMUNITY TO ASK FOR AN END TO SHORT-TERM RENTALS, TO HELP ME FEEL SAFE IN MY OWN HOME AGAIN. PLEASE PUT YOURSELF IN MY SITUATION. IT COULD HAVE BEEN YOUR DAUGHTER, YOUR SON, YOUR SISTER, YOUR MOTHER. IT COULD HAVE BEEN YOU. SO LET'S PREVENT THAT FROM HAPPENING. THANKS. (APPLAUSE) >> HELLO, COUNCIL. HELLO MAYOR. THANK YOU FOR ALLOWING THE NEIGHBORHOOD AND ME TO SPEAK TO YOU. Y NA IS CHRIS BRACHMAN. I HAVE LIVED IN THAT NEIGHBORHOOD FOR 24 YEARS WITH MY WIFE DEBBIE AND MY NEIGHBORS. RAISE YOUR HAND IF YOU'RE MY NEIGHBOR. I TELL YOU SOMETHNG I LEARNED SINCE YESTERDAY IS THAT HAVING A GUNSHOT, A SHOOTOUT IN YOUR NEIGHBORHOOD IS A GALVANIZING EFFECT ON YOUR NEIGHBORS. YOU KNOW WHO THEY ARE. WE PULLED TOGETHER RAPIDLY. IN THE 24 YEARS THAT I'VE LIVED IN THAT NEIGHBORHOOD, SIX DOORS AWAY FROM WHERE THE CRIMES OCCURRED, I'VE ALSO BEEN AN ENGINEER FOR 39 YRS IN THE COMPUTER SHIP INDUSTRY. I'VE WORKED ON RADARS, SATELLITES, RADIOS, COMPUTER CHIPS FOR CARS, COMPUTER CHIPS FOR CELL PHONES. AND IN THAT JOB, WE WORK VERY HARD TO DRIVE RISK DOWN BECAUSE IF A COMPUTER CHIP FAILS IN A CAR OR A SATELLITE, HAS VERY DRAMATIC IMPACT. SO ONE OF THE THINGS THAT ENGINEERS DO IS THEY ASSESS RISK. AND IN CARS, THE STANDARD OF PERFORMANCE IS THAT A CAR COMPUTER CHIP SHOULD HAVE LESS THAN ONE FAILURE PER MILLION COMPUTER CHIPS, AND THEY'RE ACTUALLY DRIVING THAT TO ONE FAILURE PER BILLION COMPUTER CHIPS. WHEN A FAILURE HAPPENS, THE ENGINEERS FIND WAYS TO WORK AROUND, ALTERNATIVE PATHS TO KEEP THE DAMAGE FROM GOING ON. SELF-DRIVING COMPUTER CHIPS HAVE WAYS TO REPAIR THEMSELVES. WE ASSESS RISKS AND SEEK ALTERNATIVES. WE HAVE A SHORT-TERM RENTAL PROBLEM IN THE CITY OF PLANO. AND WE NEED TO LOOK FOR ALTERNATIVES. BUT AS WE ADDRESS THIS ISSUE, LET'S LOOK AT WHERE SHORT-TERM RENTALS ARE APPROPRIATE. I SAY IT'S APPROPRIATE IN ORLANDO WHERE THERE'S DISNEY WORLD. I SAY IT'S APPROPRIATE IN BRANSON WHERE THERE'S MUSIC SHOWS. I SAY SHORT-TERM RENTALS ARE APPROPRIATE IN CORPUS CHRISTI FOR PEOPLE TO GO TO THE BEACH. THERE'S A PLACE TO GO, AN ATTRACTION. WELL, IN PLANO, THE ATTRACTION BECOMES THE HOME. OH, LET'S GO TO BIG HOME, THE HOME THAT WAS -- YOU KNOW, VICTIM OF THIS, IS A LARGE HOME, PROBABLY 3200 SQUARE FEET. THAT BECOMES THE ATTRACTION. SO IT ATTRACTS PARTIERS, PEOPLE THAT WANT TO HAVE A GOOD TIME. THE WRONG KIND OF GOOD TIME, AS WE FOUND OUT. SO I WOULD SAY, AS WE LOOK AT ALTERNATIVES, WE COULD SAY TO THOSE THAT OWN INVESTMENT PROPERTIES IN PLANO THAT ARE LOOKING FOR A PLACE, LET THEM PUT IN LONG-TERM RENTERS. IS THAT -- >> 20 SECONDS. >> THEY COULD GET A RETURN ON THEIR INVESTMENT. THAT'S A SOLUTION. FOR PEOPLE THAT COME FROM OUT OF OUR AREA THAT NEED A PLACE TO STAY, THEY COULD STAY AT A HOTEL. IF THEY WANT TO HAVE PARTY, THEY COULD RENT A ROOM AT A HOTEL OR A BAR. SO THERE ARE ALTERNATIVES. SO WE AS A GROUP DO NOT NEED THIS KIND OF RISK IN OUR COMMUNITY. AND WE WOULD URGE THAT YOU FIND A WAY, IF IT'S NOT POSSIBLE TO BAN OUTRIGHT, TO PUT REGULATIONS IN PLACE TO KEEP THIS KIND OF DAMAGING IMPLICATION OUT OF OUR NEIGHBORHOODS. SO THANK YOU FOR YOUR TIME. AND PLEASE FIND A SOLUTION FOR US. THANK YOU. (APPLAUSE) >> THE NEXT SPEAKER IS LAUREN DIKES FOLLOWED BY JOHN GREEN. >> GOOD EVENING, CITY COUNCILMEMBERS AND MAYOR. MY NAME IS LAUREN DIKES, AND I'VE BEEN A PLANO RESIDENT SINCE 2018. I KNOW THAT'S NOT AS MUCH AS SOME OF THE PEOPLE THAT HAVE SPOKEN TONIGHT, BUT I'M NO STRANGER TO PLANO AS MY DAD WAS A PLANO POLICE OFFICER FOR 36 YEARS. MY HUSBAND AND I HAVE TWO SMALL KIDDOS, AND THEY OFTEN PLAY OUTSIDE WITH OURNEIGHBORS, AND THEY SCOOTER UP AND DOWN THE STREETS OF MANY OF THE FACES REPRESENTED HERE TONIGHT AS WELL. MY REQUEST TO YOU IS SIMPLE IN SHORT-TERM RENTALS NOW. MY REASON IS VERY CLEAR AS WELL. ALLOW MYSELF AND MY FAMILY TO FEEL SAFE IN OUR HOME. MLK SAID A MAN DIES WHEN HE REFUSES TO STAND UP FOR THAT WHICH IS RIGHT. A MAN DIES WHEN HE REFUSES TO STAND UP FOR JUSTICE. A MAN DIES WHEN HE REFUSES TO TAKE A STAND FOR THAT WHICH IS TRUE. SO HERE WE ARE, STANDING FRO OF YOU TONIGHT, BOLDLY ASKING, WHAT ELSE HAS TO HAPPEN? WHAT ELSE HAS TO HAPPEN ON YOUR WATCH, IN OUR CITY, FOR CHANGE TO OCCUR? THE TIME IS NOW. END SHORT-TERM RENTALS. THANK YOU. (APPLAUSE) >> COUNCILMEMBER AND MAYOR MUNS, THANK YOU FOR LETTING US SPEAK TONIGHT. MY NAME IS JOHN GREEN. I'VE LIVED IN PLANO FOR 27 YEARS, OVER 27 YEARS. I ACTUALLY FIRST MOVED HERE IN 1991 WITH MY PARENTS IN THE HOUSE THAT THEY STILL OWN, OR MY MOM DOES. MY DAD PASSED AWAY RECENTLY. SO I'M VERY FAMILIAR WITH PLANO. SPENT A LOT OF MY LIFE HERE. WITHIN THE LAST SIX MONTHS, THE HOUSE ACROSS THE STREET FROM US SHORT-TERM RENTAL. A FEW MONTHS AGO THERE WAS A PARTY THROWN AT THAT HOUSE THAT GOT OUT OF HAND. THE POLICE HAD TO SHOW UP. THE OUT OF HAND WAS THERE WERE -- I THINK THE NUMBER WAS ESTIMATED AT THREE DOZEN PEOPLE IN THIS HOUSE HAVING A PARTY. IT WAS ALSO OUT OF HAND BECAUSE OF THE NOISE LEVEL. NOT ONLY THE MUSIC THAT THEY WERE PLAYING, BUT YELLING, SCREAMING, AND AS GEORGIA MENTIONED EARLIER, SAME THING HAPPENED THIS PAS WEEKEND, A LOT OF FOUL LANGUAGE. (COUGHS) EXCUSE ME. THIS PAST WEEKEND, ANOTHER PARTY WAS HELD IN THE SAME HOUSE. THIS TIME IT MOVED FROM BEING A NUISANCE, WHICH IS WHAT THE LAST ONE WAS BECAUSE OF THE NOISE. AT APPROXIMATELY 1:45, I WAS AWAKENED BY MULTIPLE BURSTS OF GUNFIRE. HONESTLY, I DON'T KNOW AFTER TA SLEPT THROUGH THE FIRST PART OF MY EVENING. BUT I WAS WOKEN BY THE GUNFIRE, AND I KNEW RIGHT AWAY WHAT IT WAS. AND AS YOU CAN SEE, I'M A BIG GUY. I JUMPED OUT OF MY BED, LITERALLY JUMPED OUT OF MY BED. AFTER REVIEWING THE -- MY NEIGHBOR'S RING VIDEO, I CONFIRMED MY SUSPICION THAT SOMEBODY EMPTIED PROBABLY TWO FULL MAGAZINES IN ONE GUN AND PART OF A MAGAZINE IN ANOTHER GUN. SO IT WASN'T JUST A COUPLE RANDOM SHOTS. IT WAS RIGHT AT 30 SHOTS. ALL IN 21 SECONDS. THAT WAS THE VIDEO YOU WATCHED JUST A LITTLE WHILE AGO. THE POLICE SEEMED TO RESPOND QUICKLY, AND THEY PROMPTLY STARTED TRYING TO GET EVERYONE UNDER CONTROL. INITIALLY THE OFFICERS I COULD SEE OUT IN FRONT OF MY HOUSE, WHICH WAS AT ONE POINT ABOUT 12 OFFICERS THAT I COULD ACTUALLY SEE, THEY HAD -- INITIALLY THEY ALL HAD THEIR WEAPONS DRAWN. SOME OF THEM HAD RIES. SOME OF THEM HAD NDGUS. BUT THEY KNEW THEY WERE IN A TENSE SITUATION. EVENTUALLY THEY DID GET ENOUGH CONTROL AND AT THAT POINT, I WENT OUT - AND STOOD ON MY FRONT PORCH. I LET THE OFFICERS DO WHAT THEY NEEDED TO DO. AND AT ONE POINT, ONE OF THEM CAME OVER -- IS THAT MY -- >> Mayor Muns: FINISH YOUR THOUGHT. >> OH. HOPEFULLY NONE OF US HAVE ONE OF THESE SHORT-TERM RENTALS NEAR YOUR HOME. BUT JUST KEEP IN MIND, JUST LIKE US, THAT COULD CHANGE. SIX MONTHS AGO, WE DIDN'T HAVE ONE. NOW WE DO AND WE HAVE A PROBLEM. SO I REALLY HOPE THAT YOU CAN HELP FACILITATE SOME CHANGES TO ELIMINATE THIS PROBLEM IN OUR NEIGHBORHOOD AND ACROSS THE WHOLE ENTIRE CITY. THANK YOU. (APPLAUSE) >> THE NEXT SPEAKER IS MELISSA MAYO, FOLLOWED BY DOLLY THOMAS. >> THANK YOU FOR HEARING US THIS EVENING, MAYOR MUNS AND CITY COUNCILMEMBERS. SO FAR FOLKS ■ HAVE TALKED ABOUT THEIR DIFFERENT PERSPECTIVES OF THIS PARTY. I WAS AWAKENED ABOUT 1:45 A.M. BY SOMEBODY POUNDING ON MY FRONT DOOR. I LIVE CATTY CORNER FROM THE PARTY HOUSE, AS WE NOW CALL IT. AS I PEERED THROUGH MY BEDROOM BLINDS WHICH, BY THE WAY, FACE THE STREET, TO SEE WHAT WAS HAPPENING, I HEARD LOUD, ANGRY VOICES. I SAW TWO VEHICLES OUT THERE, KIDS PILING IN, PEOPLE YELLING AT EACH OTHER, RUNNING ALL OVER. I LOOKED OUT MY DOOR. THERE WAS NOBODY THERE. SO I DON'T KNOW IF SOMEBODY WASN DISTRESS. I HAVE NO IDEA WHAT HAPPENED TO THAT PERSON OR WHAT WAS GOING ON WITH THEM. I WAITED ABOUT TEN MINUTES AFTER THOSE VEHICLES SQUEALED DOWN THE STREET, YOU KNOW, SCREECHED DOWN THE STREET. AND MY DOG NEEDED TO GO OUT IN THE BACK, SO I THOUGHT, WELL, IT'S PROBABLY SAFE BECAUSE THIS TIME I THOUGHT WHATEVER IT WAS WAS OVER. I JUST OPENED THE BACKDOOR AND HEARD THE GUNFIRE. SO WE IMMEDIATELY DECIDED NOT TO GO OUT, THAT WE'D FIGURE SOMETHING ELSE OUT. BY THIS TIME, POLICE LIGHTS WERE FLASHING IN THE FRONT OF MY HOUSE. AND OFFICERS WERE OUT THERE BRINGING PEOPLE OUT OF THE PARTY HOUSE. THERE WERE NUMEROUS INDIVIDUALS OUT THERE. I CALLED MY SON WHO CAME OVER FROM ALLEN TO BE WITH ME DURING THIS BECAUSE I'M ALONE. MY SON WITNESSED THE POLICE BRINGING THE INDIVIDUALS OUT, LINING THEM UP IN FRONT, BREATHALYZER TESTS. THIS WAS LIKE A MOVIE. OT LIKE WHAT YOU THINK YOUR LIFE IS LIKE. IT WAS ONLY LATER IN THE MORNING AFTER THE POLICE HAD GONE THAT WE FOUND OUT THERE HAD BEEN NUMEROUS SHOTS FIRED IN THE NEIGHBORHOOD RESULTING IN A SHOT THROUGH THE WINDOW OF MY YOUNG NEIGHBORS. THERE WAS NO REGARD FOR THOSE OF US WHO MAKE THIS OUR HOME, WHO HAVE GROWN TO LOVE THE PEACE AND TRANQUILITY OF A QUIET PLANO NEIGHBORHOOD. THIS IS MY RETIREMENT HOME. I DO NOT PLAN TO LEAVE. I ALSO DO NOT PLAN TO STAY SILENT OR ALLOW OUR HOMES TO BE SUBJECT TO WHOEVER WANTS TO THROW A PAR OF ANY KIND. AND I DO NOT HAVE ANY INTENTION OF DEALING WITH THIS TYPE OF THING ON A LONG-TERM BASIS. SO, YOU KNOW, I WILL BE VOCAL. I REALLY APPRECIATE YOUR TIME AND CONSIDERATION BECAUSE THESE ARE FOLKS WHO COME FOR ONE NIGHT, PARTY. THEY DON'T CARE ABOUT THE AFTERMATH. THEY DON'T CARE WHAT HAPPENS TO THE REST OF US. THANK YOU. >> Mayor Muns: THANK YOU. (APPLAUSE) >> Mayor Muns: MS. THOMAS, DOLLY, HOLD ON JUST A SECOND. LET ME GET -- CHIEF, WOULD YOU MIND KIND OF JUST GIVING US AN UPDATE ON WHAT YOU KNOW ABOUT THIS INCIDENT? >> THANK YOU, MAYOR, COUNCIL. JUST A QUICK UPDATE. THE HOUSE WHERE THIS SHOOTING OCCURRED, IT IS ON BOTH VO AND AIRBNB PLATFORMS. WE MADE CONTACT WITH THOSE PLATFORMS AND BOTH OF THEM HAVE TEMPORARILY SUSPENDED THIS PARTICULAR RESIDENCE UNTIL THEY CONDUCT THEIR OWN INVESTIGATION TO SEE WHAT HAPPENED FROM THEIR PERSPECTIVE. THERE WERE -- NO ONE WAS INJURED DURING THIS PARTICULAR INCIDENT THAT WE HAVE BEEN MADE AWARE OF. IT IS AN ONGOING INVESTIGATION. I CAN TELL YOU WE DID MAKE TWO ARRESTS RELATED TO THIS AND CONTINUING TO INVESTIGATE TO LOOK FOR OTHER SUSPECTS. >> Mayor Muns: THANK YOU, SIR. PRECIATE IT. (APPLAUSE) >> GOOD EVENING, FAMILY. I'M SO GLAD TO HAVE Y'ALL HAVE ME TONIGHT. AND WHAT I WOULD LIKE TO JUST ASK BRIEFLY IS AN UPDATE ON WHEN I CAME BEFORE YOU BEFORE THAT $1.9 MILLION THAT WAS SUPPOSED TO BE SPENT ON HOMELESS PREVENTION. I WOULD REALLY LIKE TO KNOW IF IT HAS BEEN SPENT, WHAT NONPROFIT RECEIVED IT AND ANY PROGRESS THAT THERE MIGHT BE THAT YOU CAN SHARE WITH THE PUBLIC. ALSO, IN SOME RECENT MONTHS, I'VE BEEN WORKING WITH A COUPLE OF ELDERLY RESIDENTS HERE, AND THEY HAVE BEEN APPLYING FOR HOME REHABS. AND THE APPLICATION PROCESS IS SO CONVOLUTED THAT IT IS SO DIFFICULT. SOME OF THEM -- WELL, MOST OF THEM, AFTER A LONG PROCESS OF ANYWHERE FROM SIX MONTHS TO A YEAR, HAVE JUST THREW UP THEIR HANDS ANDAID I DON'T WANT IT. OR THE NEIGHBORHOOD SERVICES WILL COME BACK AND TELL THEM THAT THEY DON'T QUALIFY BECAUSE THEY HAVE A LIVE-IN ASSISTANT WITH THEM. ONE ELDERLY LADY WHO HAS SEIZURES, HAS SOMEONE LIVING WITHER HAD. SHE'S GOING TO BE DISQUALIFIED BECAUSE THAT PERSON IS LIVING WITH HER. I'M ASKING THAT YOU AS A COUNCIL WILL GET TOGETHER WITH NEIGHBORHOOD SERVICES, GO OVER THE APPLICATION PROCESS TO FIND WAYS WHERE WE CAN HELP THOSE THAT ARE MOST NEEDING THIS. I'VE TALKED TO JOHN AND MARK EXT. BUT I JUST WANT TO GET SOME COUNCIL SUPPORT BEHIND IT SO THAT WE CAN GET THOSE HOMES AND THOSE PEOPLE SAFE IN THEIR HOMES. ONE LADY HAS BLACK MOLD IN HER HOUSE, AND SHE'S HAD A STROKE. AND THIS IS THE ONE THAT I'M SURE IS GOING TO BE DENIED BECAUSE SHE HAS A LIVE-IN WITH HER. AND JUST GO OVER THE APPLICATION PROCESS, LOOK AT IT AND SEE HOW MANY OF THE HOMES THAT HAVE PUT IN APPLICATIONS HAVE RECEIVED IT, HOW MANY HAVE NOT, AND HOW MANY HAVE JUST GIVEN UP? BECAUSE THERE ARE SOME PEOPLE WHO JUST THREW UP THEIR HANDS AND SAID I CAN'T DO THIS ANYMORE. SO I'M JUST ASKING FOR THOSE RESIDENTS, IF YOU WILL JUST TAKE A LOOK AT THAT PROCESS AND MAYBE DEFINE IT OR REFINE IT. THANK YOU SO MUCH. >> Mayor Muns: THANK YOU, DOLLY. (APPLAUSE) FOR THOSE OF YOU THAT WEREN'T HERE FOR THE PRELIMINARY OPEN MEETING, WE DID AGENDAIZE THE SHORT-TERM RENTAL FOR THE FIRST MEETING IN APRIL. SO WE WILL UPDATE ALL OF YOU ON WHERE WE'RE AT AND WHAT WE NEED TO DO MOVING FORWARD. SO I JUST WANTED YOU TO KNOW WE'RE ON IT AND WE'RE WORKING VERY DILIGENTLY TO COME UP WITH A SOLUTION THAT EVERYONE IS SATISFIED WITH. SO I JUST WANT YOU TO KNOW WE'RE VERY SORRY ABOUT WHAT HAPPENED LAST WEEKEND. AND WE'RE GOING TO DO EVERYTHING IN OUR POWER TO MAKE SURE THAT NEVER HAPPENS AGAIN. THANK YOU. (APPLAE) OH, SORRY, SHELBY. GO AHEAD. >> Williams: THANK YOU, MAYOR. THERE WERE TWO ADDITIONAL ITEMS ACTUALLY IN LIGHT OF THIS, I HAVE AN ADDITIONAL REQUEST IN ADVANCE OF OUR NEXT MEETING. SEVERAL TIMES IN THE PAST WHEN WE'VE BEEN SHOWN THE NUMBER OF CALLS FOR SERVICE TO KNOWN SHORT-TERM RENTALS, I'VE ASKED IF WE CAN GET THAT COMPARED TO CALLS FOR SERVICE FOR OTHER PROPERTY TYPES AND I UNDERSTAND ABLE TO PARSE OUR DATA OUT THAT WAY. I'D LIKE TO ASK FOR IN ADVANCE OF OUR NEXT MEETING WHERE WE'LL DEFINE THE PARAMETERS OF WHAT WE WANT TO COME BACK REGARDING SHORT-TERM RENTAL DECISIONS OF THE SUBSEQUENT MEETING, I'D LIKE UPDATED STATS ON CALLS FOR SERVICE BY YEAR FOR THE PAST FOUR YEARS AT WHAT WE KNOW WERE SHORT-TERM RENTALS VERSUS ALL CALLS FOR SERVICE IN RESIDENTIAL AREAS. I KNOW WE CAN'T BREAK IT OUT BY PROPERTY TYPE OR SPECIFIC ADDRESS. WE CAN DO ENOUGH ROUGH MATH TO GET A BAROMETER. >> Ricciardelli: AND I'LL SECOND THAT REQUEST. >> Williams: AND THAT'S, AGAIN, BY YEAR FOR THE PAST FOUR YEARS. IN ADVANCE OF OUR NEXT MEETING. >> Mayor Muns: GO AHEAD AND FINISH. >> HOLD ON. >> COUNCIL, SO WE HAVE -- AND THIS IS COMMENTS OF PUBLIC INTEREST, SO I'M TRYING TO MAKE SURE I'M STAYING FACTUAL. I'LL GET BACK WITH YOU ON THAT SPECIFIC REQUEST IN THE TIMELINE ASSOCIATED WITH IT. >> Williams: OKAY, THANK YOU. SO THE ACTUAL THINGS I INTENDED TO SAY HERE ARE NUMBER ONE, THURSDAY MARKS THE 187th ANNIVERSARY OF TEXAS INDEPENDENCE DAY. I SHOULD SAY IT COMMEMORATES TEXAS INDEPENDENCE DAY. LAST YEAR FOR THE FIRST TIME, WE HELD OUR -- WHAT WAS TO BECOME AN ANNUAL TEXAS FOREVER FEST. SO EVEN THOUGH TEXAS INDEPENDENCE DAY IS ON THURSDAY, OUR TEXAS FOREVER FEST WILL BE ON SATURDAY, MARCH 25th, AT HAGGARD PARK. IT WILL BE OUR SECOND ONE. THE FIRST ONE LAST YEAR, EVEN THOUGH IT WAS A FAIRWAYS OUT FROM TEXAS INDEPENDENCE DAY, WAS A BIG SUCCESS. WE ARE VERY PROUD OF OUR TEXAS HERITAGE AND HISTORY. AND IT IS COMPLETELY FULL, THE TEXAS FOREVER FEST, BASED ON LAST YEAR. I INVITE EVERYBODY TO COME OUT. SECOND, TOTALLY DIFFERENT MATTER, TEXANS FOR FISCAL RESPONSIBILITY RECENTLY PUBLISHED THEIR LIST OF WHAT THEY TERM SINKHOLE CITIES IN TEXAS. THERE WERE A BUNCH OF THEM. BUT THERE WERE THREE WHAT THEY TERMED SUNSHINE CITIES FOR RESPONSIBLE FISCAL MANAGEMENT. PLANO TOPPED THE LIST, I'M VERY PROUD TO SAY, DUE TO THE DILIGENCE OF OUR STAFF IN HANDLING OUR MONEY VERY WISELY. AND IT'S WORTH MENTIONING THAT IN THE AUDIT PROCESS WE GO THROUGH EVERY YEAR, NOT ONLY IS PLANO, I THINK, THE SECOND CITY IN THE ENTIRE COUNTRY TO HAVE EVERYTHING READY FOR THE AUDIT PROCESS, BUT WE ALWAYS HAVE EVERYTHING BUTTONED UP. SO I JUST WANT TO RECOGNIZE OUR CITY STAFF FOR DOING AN OUTSTANDING JOB IN MAKING PLANO ONE OF ONLY THREE SUNSHINE CITIES A ONE TOPPING THE LIST. >> Mayor Muns: THANK YOU. (APPLAUSE) >> MR. MAYOR, I'D LIKE, IN LIEU OF COMMENTS THAT WERE MADE AT PUBLIC INTEREST, I REALIZE WE HAVE A MEETING THAT'S COMING UP THAT'S GOING TO BE DISCUSSING THE COMMENTS OF HOUSING AND URBAN DEVELOPMENT AND SOME ASPECTS OF HOUSING AND URBAN DEVELOPMENT. I'D LIKE TO DISCUSSION TO INCLUDE SOME OF THE RULES AROUND LIVING INDIVIDUALS WITH HSING AND URBAN DEVELOPMENT BECAUSE I BELIEVE THAT THE RULES HAVE DIFFERENT DEFINITIONS AS TO WHAT LIVE-IN INCOME WOULD BE VERSUS A NONLIVE-IN INCOME. IN ESSENCE, A CARETAKER'S INCOME NOT BEING COUNTED AS PART OF THE TOTAL INCOME OF THE HOUSEHOLD VERSUS SOMEONE THAT'S A LIVE-IN. I'D LIKE TO GET A CLEARER DEFINITION ON THAT ASPECT. >> SECOND THAT. >> I -- >> I TAKE IT BACK. >> NOT ONLY AM I GOING TO SECOND IT, I THINK, MARK, YOU'VE TALKED ABOUT BRINGING NEIGHBORHOOD RVICES INTO THE PICTURE AND TRY TO WORK OUT SOME SORT OF SOLUTION, AND I'D LIKE TO SEE THAT WE WORK TOGETHER ON THIS. SO PLEASE INCLUDE NEIGHBORHOOD SERVICES IN SOME TYPE OF UPDATE AND EXPLANATION WITH REGARD TO HOW WE GO ABOUT DEFINING THIS. >> COUNCIL, Y'ALL ARE EXPENDING AGENDA ITEMS PRETTY SIGNIFICANTLY HERE. WE HAVE GONE FROM A HUD DISCUSSION TO EXPANDING. NOW WE'RE HAVING NEIGHBORHOOD SERVICES. I'M GOING TO ASK THAT AFTER THIS MEETING, THAT EACH OF YOU GET WITH ME ON YOUR LIST OF ITEMS TO GET BACK TO COUNCIL AND WE'LL MAKE SURE WE GET THROUGH THE PROCESS OF REQUEST. THE COMMENTS OF PUBLIC INTEREST ARE INTENDED TO BE FACTUAL IN THE WAY WE'RE GOING ABOUT THIS. I WANT TO MAKE SURE THAT WE'RE KEEPING THE INTENT OF OUR MEETING AND OUR COMMENTS FOCUSED WHERE OUR INTENT HAS ALWAYS BEEN. SO I'LL BE GETTING WITH EACH OF YOU AFTER THIS MEETING ON YOUR REQUESTS. >> Mayor Muns: OKAY. THANK YOU. LET'S MOVE ONTO THE CONSENT AGENDA. >> THE CONSENT AGENDA. THE CONSENT AGENDA WILL BE ACTED UPON IN ONE MOTION AND CONTAINS ITEMS WHICH ARE ROUTINE AND TYPICALLY NONCONTROVERSIAL. ITEMS MAY BE REMOVED FROM THIS AGENDA FOR INDIVIDUAL DISCUSSION BY A COUNCIL MEMBER, THE CITY MANAGER OR ANY CITIZEN. THE PRESIDING OFFICER WILL ESTABLISH TIME LIMITS BASED UPON THE NUMBER OF SPEAKER REQUESTS. >> MOTION TO APPROVE THE CONSENT AGENDA EXCEPT FOR ITEM I AS IN INDIA. >> Ricciardelli: SECOND. >> Mayor Muns: THANK YOU. I HAVE A MOTION AND A SECOND TO APPROVE THE CONSENT AGENDA WITH HE EXCEPTION OF ITEM I. PLEASE VOTE. MOTION PASSES 8-0. ITEM I. >> ITEM I, CONSIDERATION TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH DALLAS AREA RAPID TRANSIT, ALLOWING PLANO PARTICIPATION IN FUNDING FOR PUBLIC TRANSPORTATION IMPROVEMENTS, AND PROVIDING AN EFFECTIVE DATE. >> MAYOR AND COUNCIL, I'VE SPOKEN WITH A NUMBER OF YOU, AND WE'VE HAD A DISCUSSION WITH DART WITH REGARD TO AN INTERLOCAL AGREEMENT. THIS INTERLOCAL AGREEMENT WAS DRAFTED BY DART FOR CONSIDERATION BY THE CITY. AS A WAY OF BACKGROUND, WE DID SUBMIT A RED LINE VERSION TO DART THAT INCLUDED CHANGES FROM A NUMBER OF CITIES, INCLUDING PLANO, THAT WE THOUGHT WERE IN THE CITY'S INTEREST. THOSE RED LINE DISCUSSIONS WERE REJECTED BY DART. SO THIS IS THE VERSION OF THE INTERLOCAL AGREEMENT THAT DART IS WILLING TO ACCEPT. WITH THAT, THE POTENTIAL FOR JUST OVER $28 MILLION WORTH OF FUNDING IS AVAILABLE BACK TO THE CITY FOR TRANSPORTATION-RELATED AND TRANSIT-RELATED PROJECTS. >> Mayor Muns: I THINK WE HAVE A SPEAKER. >> WE DO. IT IS KARA MENLESON. >> Mayor Muns: HONORARY SPEAKER. WELCOME, KARA. >> THANK YOU. I'M ACTUALLY SPEAKING ON MY OWN ACCORD, NOT FOR THE CITY. I WANT TO THANK YOU FOR YOUR SERVICE. I'LL JUST SAY, IT'S HARDER THAN IT LOOKS, RIGHT? SO I AM TALKING ABOUT THE INTERLOCAL AGREEMENT WITH DART. AND THE RETURN OF YOUR TAXPAYER SALES TAX TO YOU. THE QUESTION FOR ALL OF THIS THAT I HAS ASKED IS WHO IS SETTING THE TERMS OF THIS ILA? YOU'RE A MEMBER OF THE ORGANIZATION OF DART, AND THEY ARE MEANT TO SERVE YOUR AND YOUR RESIDENTS' TRANSIT NEEDS, NOT TO DICTATE THE TERMS TO YOU, BUT TO COLLABORATE WITH YOU FOR A WIN/WIN. TO ME, IT'S OUTRAGEOUS THAT DART WOULD REJECT THE ADCEF THE CIT ATTORNEYS FOR ALL OF THE MEMBER CITIES AND TELL YOU EXACTLY WHAT MUST HAPPEN. THE MOST EGREGIOUS OF THE TERMS, IN MY OPINION, ARE SAYING THINGS LIKE, ANYTHING THAT'S NOT FEDERALLY REQUIRED, THEY CAN PULL BACK YOUR MONEY. IN YOUR CASE, YOU HAVE BETTERMENT WALLS. YOU ADDED GRADE SEPARATION, STATION UPGRADES. YOU REOPENED THE FEIS, WHICH SLOWED DOWN THE PROCESS. ALL OF THOSE MAKE IT SUBJECT TO DART, NOT TO YOU. DART TOLD YOU EARLIER TONIGHT THAT YOU'RE IN GOOD STANDING. THAT'S GREAT. BUT DID THEY SAY CURRENT? PAST? BECAUSE THE CONTRACT SAYS PAST, CURRENT, AND FUTURE PROJECTS. THE QUESTION IS, WHICH WAS ASKED BY COUNCILMEMBER PRINCE, WHAT DOES IT MEAN TO BE IN GOOD STANDING? THAT WAS PART OF YOUR RED LINE AND IS NOT ANSWERED. YOU KNOW THAT THEY'RE PROPOSING TO GIVE YOU 10% OF THE PROJECT COSTS UP FRONT. SO IF YOU DO A PROJECT FOR $5 MILLION -- LET'S JUST SAY 1 MILLION. YOU'RE GOING TO GET $100,000. WHAT IF YOU LOSE THAT GOOD STANDING? HOW ARE YOU GOING TO PAY THAT OTHER 900,000? IT'S A LOT MORE THAN THAT. WHO DECIDES GOOD STANDING? THEY DO. THEY'RE THE JUDGE AND THEY'RE THE JURY. WE NEED AN INDEPENDENT THIRD PARTY THAT CAN MAKE THAT ETERMINATION. DART LOVES TO TALK ABOUT HOW DALLAS HAS SLOWED DOWN THEIR PROJECT WHEN INVESTED -- INVESTIGATED BY THE COG, IT WAS RATED NOT TRUE. GOVERNMENT SAYS YOU MUST SEE THE DETAILS OF THIS DEAL. T'S A LOT OF MONEY. WHILE YOU HAVE A VERY NICE, WONDERFUL CITY MANAGER, THIS DESERVES DAYLIGHT FOR YOUR RESIDENTS. THESE PROJECTS SHOULD BE PART -- SHOULD NOT BE PART OF THE CONSIDERATION OF ONGOING CONSTRUCTION. THIS RETURN OF SALES TAX IS AN INDEPENDENT ISSUE, AND I WOULD SUGGEST TO YOU THAT THE COG WOULD BE A VERY GOOD THIRD PARTY TO ADMINISTER THIS MONEY AND MAKE SURE THAT EVERYBODY STAYS ON TRACK. WITH THAT, THERE'S ONE OTHER ITEM THAT DART SAID TO YOU TONIGHT THAT I WOULD QUESTION. WHEN THEY TOLD YOU THAT ALMOST HALF THE CITIES HAVE APPROVED IT, THEY DIDN' APPROVE THE ILA, THEY APPROVED THE EXACT ITEM YOU HAVE, WHICH IS TO EMPOWER THEIR CITY MANAGER TO CONTINUE NEGOTIATING. THANK YOU. >> Mayor Muns: THANK YOU. SO THIS IS AN ITEM WE -- IT KIND OF APPEARS THAT IT'S ONE OR THE OTHER. BUT WE CERTAINLY CAN TABLE THIS AND DO FURTHER WORK TO SEE WHETHER OR NOT WE CAN GET TO A BETTER SOLUTION. SO I'M JUST TELLING YOU, IT'S NOT, YOU KNOW, ONE OR THE OTHER. GO AHEAD, COUNCILMAN GRADY. >> Grady: I WANT TO THANK COUNCILMAN WILLIAMS FOR WORKING ON THIS PROJECT DEEPLY. BUT I WILL ALSO SAY FROM THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND AS A MEMBER OF IT AND NOT SPEAKING FOR THE ORGANIZATION, THE COUNCIL OF GOVERNMENTS AND THE REGIONAL TRANSPORTATION COUNCIL PUT THEMSELVES WAY OUTN ORDER TO HELP FUND THE DECISION OF RETURNING DOLLARS BACK TO THE CITY. AND SO IT WAS A MAJOR STEP FOR ALL OF THE 45 MEMBERS SITTING AROUND THE HORSESHOE TO MAKE A DECISION TO SAY WE ARE GOING TO ADD ADDITIONAL FUNDS SO THAT THE CITIES WOULD GET THEIR FAIR SHARE BACK. I WOULD THINK -- AND IT IS MY OPINION, BUT I WOULD THINK, AND I WILL CERTAINLY MENTION IT AT THE REGIONAL TRANSPORTATION COUNCIL, THAT THIS KIND OF CONTRACT COMING BACK IS A REALLY UNFAIR STANCE BY THE DALLAS AREA RAPID TRANSIT TOWARDS A MEMBER CITY. IN THAT THEY ARE BASICALLY SAYING WE WILL GIVE YOU THE MONEY FOR CERTAIN PROJECTS, AND IF WE DON'T LIKE WHAT YOU'RE DOING, WE'RE GOING TO PULL IT BACK, AND IF YOU DON'T DO IT IN A TIMELY FASHION, WE'RE GOING TO PULL IT BACK. THIS IS NOT A PARTNERSHIP, THIS IS A DICTATOR SHIP IN MY OPINION. AND I THINK THE REGIONAL COUNCIL AND MANY MEMBERS WILL AGREE THAT THAT IS NOT THE TYPE OF CONTRACT THAT WE TALK ABOUT AS FAR AS A PARTNERSHIP IS CONCERNED. SO I THINK WE STILL NEED TO DO A L OFORK ON IT. I BELIEVE THAT WE WENT INTO IT IN ALL GOOD FAITH WITH THE RED LINE EDITION THAT MANY OF THE LARGE CITIES AGREED WITH THAT ARE SIGNIFICANT CONTRIBUTORS TO THIS. I ASK THE CITY MANAGER HOW MUCH WE HAVE CONTRIBUTED TO DART SINCE THE BEGINNING OF TIME. IT WAS WELL OVER $1.6 BILLION THAT WE HAVE CONTRIBUTED TO THEM. IF I WAS A CAPITAL INVESTOR PUTTING $1.6 BILLION INTO A PROJECT AND SOMEBODY SAID I DON'T HAVE TO RETURN YOUR FUNDS, AND IF I RETURN YOUR FUNDS AND I DON'T LIK WHAT YOU USE IT FOR, I CAN TAKE IT BACK, I WOULD NEVER HAVE MADE THE INVESTMENT. SO I THINK THAT IN MY OPINION, THIS ITEM NEEDS MORE DISCUSSION AND I'M WILLING TO MAKE THE MOTION TO TABLE THIS ITEM UNTIL WE HAVE A FURTHER DISCUSSION. >> Ricciardelli: YOU GO FIRST SHELBY YOU SPEARHEADED THIS. >> Mayor Muns: COUNCILMEMBER WILLIAMS, GO AHEAD. >> Williams: BEFORE WE HAVE A VOTE TO TABLE, THE -- THE ACTUAL RESOLUTION WHICH WE WOULD BE VOTING ON HAS TWO PROVISIONS, ONE WHICH IS TO AUTHORIZE THE CITY MANAGER TO CONTINUE NEGOTIATING, WHICH HE'S ALREADY BEEN DOING. THE FIRST OF WHICH IS TO EXECUTE THIS ILA, I'M NOT AT ALL COMFORTABLE WITH AUTHORIZING THE EXECUTION OF THIS ILA AS WRITTEN, BECAUSE IT VERY MUCH IS THE TAIL WAGGING THE DOG. THE DART MEMBER CITIES ARE NOT SUBORDINATE TO THE DART ORGANIZATION, IT'S THE OTHER WAY AROUND, AND TO BE TOLD THAT WE CAN USE WHAT IS OUR MONEY ACCORDING TO THEIR DICTATES, I'M NOT AT ALL COMFORTABLE WITH. SO I'M NOT SURE THAT I WOULD EVEN BE COMFORTABLE TABLING THIS BECAUSE OF THE PROVISION TO EXECUTE THIS SPECIFIC ILA. I HAVE FULL FAITH IN OUR CITY MANAGER TO CONTINUE NEGOTIATING, BUT I WOULD NOT WANT TO EVEN COAUTHORIZE OR EVEN PROBABLY TABLE ENTERTAINING EXECUTION OF THIS ILA. >> Tu: SO I WANT TO PUT IT IN SIMPLE TERMS, FROM THE TIME THAT I CAME ON COUNCIL, I WAS TOLD THAT ONE CENT OF OUR SALES TAX GOES TO DART, AND WE ONLY GET TWO CENTS. SO OUT OF THE TWO CENTS, WE GIVE ONE CENT TO DART, AND THEN WE'RE LEFT WITH ONE CENT. AND THANK YOU FOR OUR COLLEAGUE FROM OUR NEIGHBOR CITY FOR COMING HERE AND SHARING YOUR THOUGHTS BECAUSE FRANKLY I'VE ALWAYS BEEN VERY PUZZLED, WHERE DOES THAT ONE CENT GO AND HOW IS IT SPENT? ARE WE -- ARE THEY ACCOUNTABLE? DO WE GET ANY TYPE OF TRANSPARENCY AS TO WHERE THE MONEY IS SPENT AND HOW IT IS BEING USED? AND TODAY, WE'RE TOLD THAT WE'RE STILL WAITING, THEY'RE STILL CALCULATING, THEY'RE STILL WORKING ON IT. AND IT'S BEEN FOUR YEARS, RIGHT? ANTHONY? AND SO I'M -- EVEN AT THE LAST COUNCIL MEETING IN WHICH WE WERE TOLD THAT THERE WAS SURPLUS, AND YET WE DOT HAPPENS TO THE SURPLUS MONEY THAT DART HAS, IT'S REALLY THEY TELL US IF IT'S OKAY. SO I MEAN, IT'S OUR TAX DOLLARS, OUR CITY, OUR RESIDENTS' HARD WORKED FUND THEY'RE PUTTING INTO A PROJECT THAT THEY BELIEVED IN, AND YETI YET AT THIS POINT,I FEEL LIKE IF WE'RE NOT DOING OUR JOB, IF WE ARE NOT CONTINUING TO MONITOR THE PROGRESS OF THIS, AND I IN THIS CASE, I AGREE WITH SHELBY, THAT I JUST THINK THAT IT NEEDS TO BE MOVED TO DENY. >> LEGAL QUESTION. I KNOW THAT WE HAVE AN ACTIVE MOTION, BUT IF WE DID DENY IT, PAIGE, DOES THAT IN ANY WAY PROHIBIT A NEW RESOLUTION COMING BACK TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN ILA WHICH WE DO APPROVE? >> NO. >> Williams: OKAY, THANK YOU. [ INAUDIBLE - NO MIC ] SO MAYOR AND COUNCIL, WE ACTUALLY PASSED A RED LINE -- THE RED LINE VERSION WITH COUNCIL I BELIEVE IT WAS THE LAST MEETING, SO THAT IS WHAT IS CURRENTLY IN PLACE IS THE RED LINE VERSION. THIS WOULD THEN TAKE THE PLACE OF THAT RED LINE VERSION IF IT'S PASSED. SO -- >> Mayor Muns: COUNCILMAN RICCIARDELLI. >> Ricardelli: THANK YOU MAYOR. I AGREE WITH THE POINTS THAT HAVE BEEN MADE. I ALSO REACHED OUT TO CITY MANAGER ISRAELSON ABOUT THIS UPON READING THIS ILA, BECAUSE THERE ARE THINGS IN THERE THAT GO BEYOND RELATING TO THE EXPENDITURE OF THESE FUNDS. YOU KNOW, WE ALWAYS EXPECT WHEN WE RECEIVE FUNDS THAT THERE WILL BE CONDITIONS RELATED TO THE EXPENDITURE OF THE FUNDS, BUT THERE ARE OTHER CONDITIONS IN THERE THAT GO BEYOND THOSE THAT ARE RELEVANT TO THE EXPENDITURE OF THESE FUNDS THAT WOULD OBLIGATE THE CITY IN VARIOUS WAYS, YOU KNOW, I THINK WE HAVE A HISTORY OF COOPERATING WITH DART. I DON'T UNDERSTAND WHY THIS LANGUAGE IS NECESSARY YOU KNOW, I WISH THAT THE DART REPRESENTATIVES WERE STILL HERE TO HAVE THAT CONVERSATION, WHY THEY VIEW THIS LANGUAGE AS BEING NECESSARY. E-MAIL I'M FINE WITH THE DENIALR A TABLING. I'M LEANING TOWARD TABLING, BECAUSE I THINK THAT THAT SEND AS SIGNAL THAT WE ARE TRYING TO CONTINUE NEGOTIATIONS. I KNOW FROM A LEGAL PERSPECTIVE A DENIAL, YOU KNOW, DOES NOT FORECLOSE THE CONTINUANCE OF NEGOTIATIONS, BUT I JUST THINK, YOU KNOW WE'RE STILL TRYING TO STAY AT THE TABLE, WE'RE TRYING TO WORK WITH DART, YOU KNOW, WE WANT THEM TO TAKE INTO ACCOUNT WHAT THE MEMBER CITIES THAT OBVIOUSLY FUND DART HAVE TO SAY ABOUT THIS, AND TO HAVE A FAIRER ILA, YOU KNOW, I THINK, THOUGH, THAT WE SEND THAT SIGNAL THAT WE WANT TO CONTINUE NEGOTIATING BY TABLING, SO I WILL SECOND THE MOTION TO TABLE. THAT BEING SAID, YOU KNOW, I DON'T THINK ANY OF US HAVE, OR AT LEAST THOSE WHO HAVE SPOKEN, HAVE AN INTENTION OF VOTING TO APPROVE THIS EXACT ILA THAT'S ON THE AGENDA TONIGHT BECAUSE IT CONTAINS TERMS THAT ARE -- THAT ARE FRANKLY A BIT DRACONIAN REGARDING THESE FUNDS. >> Mayor Muns: OKAY, THANK YOU. COUNCILMAN SMITH? >> Smith : THANK YOU, MAYOR. MARK, I KNOW YOU DON'T HAVE A LOT TO DO, I WOULD LIKE TO GIVE YOU ONE MORE THING TO ASK, I THINK WE SHOULD TABLE THIS, I DON'T THINK WE SHOULD CUT IT OFF, LET'S TABLE IT AND LET YOU KEEP WORKING ON IT, WHAT I'D LIKE TO LOOK AT, MAYBE PAIGE -- NOW WE CAN'T DO THAT -- HAVE WE LOOKED AT THE AGREEMENT THAT WE ALL SIGNED EONS AGO, FINE PRINT, WHEREAS AND WHERETO, IS DART IN COMPLIANCE WITH THE AGREEMENT THEY GAVE TO US, AND IF NOT, LET'S DO SOMETHING ABOUT IT. >> SO COUNCILMAN, THE VOTE OF THE CITIZENS OF PLANO HAPPENED IN THE EARLY '80s. >> Smith : IONS AGO, YES, SIR. >> HAVE WE DONE AN AUDIT OF THAT? NO, I'M IN THE AWARE OF AN AUDIT THAT WE'VE ACTUALLY DONE FOR THAT, BUT I THINK THE DIRECTION THAT I'M HEARING, CONSENSUS IS TO KEEP WORKING AND WHETHER IT'S DENIED OR TABLED, I UNDERSTAND FULLY THAT I'M NOT TO SIGN THIS VERSION OF THINGS. THAT PART SEEMS VERY CLEAR FROM COUNCIL. >> Mayor Muns: ALL RIGHT, I HAVE A MOTION AND A SECOND TO -- YES, WE DO, ANTHONY. HAVE A MOTION AND A SECOND TO TABLE ITEM I. HUH? GRADY AND ANTHONY. OKAY. SORRY. ALL RIGHT. I'M LISTENING. [ INDISTINCT CHATTER ] [ LAUGHTER ] >> Mayor Muns: I HAVE A MOTION AND A SECOND TO TABLE ITEM I, PLEASE VOTE. MOTION PASSES 6-2 TO TABLE. THANK YOU VERY MUCH. ITEMS FOR INDIVIDUAL CONSIDERATION. >> City Clerk: PUBLIC HEARING ITEMS. APPLICANTS ARE LIMITED TO FIFTEEN MINUTES PRESENTATION TIME WITH A FIVE MINUTE REBUTTAL IF NEEDED. REMAINING SPEAKERS ARE LIMITED TO 30 TOTAL MINUTES OF TESTIMONY TIME WITH THREE MINUTES ASSIGNED PER SPEAKER. THE PRESIDING OFFICER MAY AMEND THESE TIMES AS DEEMED NECESSARY. NONPUBLIC HEARING ITEMS, PRESIDING OFFICER WILL PERMIT PUBLIC COMMENT FOR ITEMS ON THE AGENDA NOT POSTED FOR A PUBLIC HEARING. THE PRESIDING OFFICER WILL ESTABLISH TIME LIMITS BASED UPON THE NUMBER OF SPEAKER AGENDA, AND TO ENSUREHE MEETING EFFICIENCY, AND MAY INCLUDE A CUMULATIVE TIME LIMIT. SPEAKERS WILL BE CALLED IN THE ORDER REQUESTS ARE RECEIVED UNTIL THE CUMULATIVE TIME IS EXHAUSTED. PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE TO ACCEPT AND APPROVE A SERVICE AND ASSESSMENT PLAN AND ASSESSMENT ROLL FOR THE DOWNTOWN PLANO PUBLIC IMPROVEMENT DISTRICT, MAKING A FINDING OF SPECIAL BENEFIT TO THE PROPERTY IN THE DISTRICT LEVYING ASSESSMENTS AGAINST PROPERTY WITHIN THE DISTRICT, AND ESTABLISHING A LYNN ON SUCH PROPERTY, PROVIDING FOR THE METHOD OFSSESSMENT AND THE PAYMENT OF ASSESSTS IN ACCORDANCE WITH CHAPTER 372 TEXAS LOCAL GOVERNMENT CODE AS AMENDED, PROVIDING PENALTIES AND INTEREST ON DELINQUENT ASSESSMENT, PROVIDING SEVERABILITY, RESOLVING MATTERS INCIDENT AND RELATED TEXAS LOTTERY AND PROVIDING AN EFFECTIVE DATE. >> GOOD EVENING, COUNCIL, PETER BRASTER, DIRECTOR OF SPECIAL PROJECTS. THIS IS THE SECOND ACTION YOU HAVE TAKE ON THIS, THE FIRST ONE WAS WHEN YOU ACTUALLY APPROVEDHE FORMATION OF THE PID. WHAT THIS ACTION DOES IS TWO THINGS, ONE, WE'RE GOING TO HAVE A PUBLIC HEARING, IF WE HAVE ANY SPEAKERS, THEN YOU WILL CONSIDER AN ORDINANCE THAT ADOPTS THE SERVICE OF THE PLAN, WHICH IS BASICALLY THE BUDGET FOR THE P.I.D. FOR THE UPCOMING YEAR, AND THEN A LEVY TO FUND THAT BUDGET, YOU WILL DO THIS EVERY YEAR FOR THE NEXT TEN YEARS. HAPPY TO ANSWER ANY QUESTIONS YOU HAVE ON THE P.I.D.MENT. P.I.D. >> MAYOR PRO TEM. >> $126,000. >> YES. >> BUDGET, THAT'S NOT VERY BIG. >> TT'SORRE. >> IT'S NOT GOING TO GO VERY FAR, $40,000 FOR MARKETING IS HARDLY GOING TO DO ANYTHING. SO THE CITY OF PLANO FROM WHAT I CAN -- WE HAVE 12 LOTS IN THE P.I.D., IS THAT RIGHT? >> THAT'S RIGHT. YES, GO AHEAD. >> Prince: AND WE'RE CONTRIBUTING $50,000 VERSUS BENG TAXED INDIVIDUALLY FOR EACH OF THE 12. >> CORRECT. >> Prince: BUT AS LONG AS I CAN REMEMBER FROM BEING ON THE COUNCIL, IT'S ALWAYS BEEN $50,000. >> THAT'S CORRECT. >> Prince: DO WE THINK WE FORESEE AT SOME TIME WE' GOING TO HAVE TO INCREASE THAT, JUST WITH INFLATION, I DON'T -- HAS IT EVER BEEN INCREASED OR HAVE WE ALWAYS COME IN AT 50,000. >> IT HAS NOT BEEN INCREASED, BUT A FEW THINGS HAVE CHANGED OVER THE PAST SEVERAL MONTHS, ONE OF WHICH WE'VE HIRED THE PERSON TO BE THE DOWNTOWN PLANO MANAGER, SO NOW WE HAVE SOMEONE WHO SORT OF AUGMENTS THE SERVICES OF THE P.I.D., PROBABLY DOES MORE THAN THEY DID, SO WE HAVE SOMEBODY SORT OF IN AN ECONOMIC DEVELOPMENT ROLE, THAT IS MICHELLE HAWKINS, I THINK YOU PROBABLY ALL KNOW HER. SO WE'RE DOING THAT. IN ADDITION TO THAT, WE HAVE AN ADDITNAL 50,000 IN THIS YEAR'S BUDGET TO HELP WITH THINGS IN DOWNTOWN. WE DIDN'T WANT TO DO IT -- WE THOUGHT IT WOULD BE WISE TO SPLIT IT BETWEEN US DOING THINGS WITH MICHELLE, AND THEN THE P.I.D., SO THAT'S THE 100,000 THAT IS BUDGETED FOR THIS YEAR. SO IT'S -- DOESN'T REALLY ANSWER YOUR QUESTION, WHICH IS HAVE WE EVER INCREASED IT? NO, IT'S ALWAYS BEEN 50. BUT WE HAVE INCREASED THE BUDGET TO SPINED AND WE WOULD DO THAT THIS WAY. WE THINK IT'S WISE TO DO IT THIS WAY. >> Mayor Muns: THANK YOU. I'LL OPEN THE PUBLIC HEARING, DO WE HAVE ANY SPEAKERS? >> WE DO. WE HAVE ONE SPEAKER. BUZZ DIKEMAN. BUZZ? OKAY. >> Mayor Muns: OKAY. >> NO OTHER SPEAKERS. >> Mayor Muns: ALL RIGHT. I'LL CLOSE THE PUBLIC HEARING, CONFINE THE COMMENTS TO THE COUNCIL. >> Grady: MOTION TO APPROVE THIS ITEM. >> SECOND. >> Mayor Muns: I HAVE A MOTION AND A SECOND TO APPROVE AGENDA ITEM NUMBER ON PLEASE VOTE. MOTION PASSES 8-0. THANK YOU. NEXT ITEM? >> ITEM NUMBER 2, PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE AS REQUESTED IN ZONING CASE 2022-0 016 TO AMEND CONNECTICUT FORM AT THIS, ARTICLE VIII, DEFINITIONS, ARTICLE X, NONRESIDENTIAL DISTRICTS, ARTICLE 12, PLANNED DEVELOPMENT DISTRICT, ARTICLE XIII, LOT AND BUILDING STANDARDS, ARTICLE XIV, ALLOWED USES AND USE CLASSIFICATIONS, ARTICLE XV, USE SPECIFIC REGULATIONS, ARTICLE XVI, PARKING AND LOADING, ARTICLE XVII, LANDSCAPE AND TREE PRESERVATION. ARTICLE 20, SCREENING, FENCE AND WALL REGULATIONS, AND ARTICLE 23, EXTERIOR WALL CONSTRUCTION STANDARDS, OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER 2015-5-2 AS HERETOFORE AMENDED TO ALIGN WITH SPECIFIC LAND USE POLICIES IN THE COMPHENSELAN, PROVIDING A PENALTY CLAUSE, A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PUBLICATION CLAUSE AND AN EFFECTIVE DATE. THIS ITEM WAS TABLED AT THE FEBRUARY 13th, COUNCIL MEETING. >> GOOD EVENING, MAYOR AND COUNCIL, AND EXECUTIVES, THIS IS ZONING CASE 2022-16. I'M CHRISTINA DAY, THE DIRECTOR OF PLANNING, AND I'M HERE TO PRESENT THIS -- IT IS A REQUEST TO AMEND THE ZONING ORDINANCE TO ALIGN SOME SPECIFIC LAND USE POLICIES E COMPREHENSIVE PLAN, SO THE HISTORY OF THIS CASE, SOME OF YOU MAY REMEMBER THAT THE COUNCIL ADOPTED A NEW COMPREHENSIVE PLAN BACK IN 2021, AFTER WHICH WE HAD A JOINT SESSION WITH THE PLANNING AND ZONING COMMISSION, AND CITY COUNCIL, IN JANUARY OF '22, AND THEN STAFF STARTED A PROCESS OF MAKING SOME CHANGES TO THE PLAN BASED ON SOME DIRECTION FROM THAT SESSION LATER IN THE YEAR IN SEPTEMBER, AND SO THESE CHANGES ARE RESULT OF THAT CONTINUED PROCESS. SO AT THE JOINT SESSION, WE HAD RETIREMENT HOUSING, YOU MAY RECOLLECT IT BECAUSE WE USED SORT OF A ROMAN THEME WITH THUMBS UP, THUMBS DOWN. WE HAD FOUR DIFFERENT CONSIDERATIONS THAT ARE MOVING FORWARD AS PART OF -- NOT NECESSARILY AS PART OF THIS CASE, ONE IS BEING MOVED TO A FUTURE JOINT SESSION, BUT TONIGHT WE'RE GOING TO TALK ABOUT RETIREMENT HOUSING AND NONRESIDENTIAL ZONING DISTRICTS MULTI-FAMILY HOUSING, THE COMMERCIAL EMPLOYMENT ZONING DISTRICT, AGAIN, MOVING TO THE FUTURE JOINT SESSION WILL BE DISCUSSION ON US HIGHWAY 75 CORRIDOR REDEVELOPMENT, AND THEN SOMETHING NEW FOR YOU IS SINGLE FAMILY HOUSING IN THE RETAIL ZONING DISTRICT, BECAUSE ON THE COUNCIL STRATEGIC PLAN, WE FOUND THAT REALLY ALIGNED, IT CAME UP IN SOME OF THE CONSIDERATIONS ON RETIREMENT HOUSING, IT ALIGNED WITH THE STREP,STRATEGIC PLAN, THAT IS SOMETHING WE BROUGHT TO THE ZONING AND PLANNING COMMISSION. THIS IS ANOTHER SUMMARY OF THESE ALIGNMENTS, AND SO ISSUE A IS RETIREMENT HOUSING. THERE ARE FOUR DIFFERENT CLASSIFICATIONS OF RETIREMENT HOUSING IN THE ZONING ORDINANCE TODAY, INDEPENDENT LIVING FACILITY, ASSISTED LIVING, LONG-TERM CARE AND CONTINUING CARE. CONTINUING CARE IS A COMBINATION OF THE THREE PRIOR CLASSIFICATIONS. AND SO RETIREMENT HOUSING IS CURRENTLY IN THE ZONING ORDINANCE CLASSIFIED AS AN INSTITUTIONAL USE, AND YOU SEE THAT LONG CLASSIFICATION THERE; HOWEVER, IN THE COMPREHENSIVE PLAN, THERE WAS QUITE A BIT OF DISCUSSION AT THE COMPREHENSIVE PLAN REVIEW COMMITTEE, THEY FELT FAIRLY STRONGLY, INDEPENDENT LIVING FACILITIES, BECAUSE OF THE WAY THEY'RE NORMALLY BUILT, SHOULD BE CATEGORIZED AS MULTI-FAMILY RESIDENTIAL. SO YOU SEE WE'VE GOT THIS CONFLICT BETWEEN THE TWO DOCUMENTS. AND SO WE HE MULTI-FAMILY RESIDENCES THAT ARE NOT SUPPORTED AND A FEW OF THE FUTURE LAND USE CATEGORIES, SPECIFICALLY NEIGHBORHOOD CORNERS, COMMUNITY CORNERS, AND EMPLOYMENT CENTERS. SO OUR PROPOSAL TO RECTIFY THESE SITUATIONS IS RECLASSIFYING THE INDEPENDENT LIVING FACILITIES AS A PRIMARY RESIDENTIAL USE, RATHER THAN INSTITUTIONAL TO ALIGN THE ZONING ORDINANCE WITH THE COMPREHENSIVE PLAN POLICY DOCUMENTS. ALSO TO CLARIFY THE DEVELOPMENT STANDARDSHAT SHOULD BE UTILIZED FOR INDEPENDENT LIVING FACILITIES, MAKING SURE THAT THEY DO FIT THE STYLE OF DEVELOPMENT. ALSO TO RESTRICT NEW INDEPENDENT LIVING FACILITIES WHERE MULTI-FAMILY DEVELOPMENT IS NOT SUPPORTED BY THE COMPREHENSIVE PLAN, BUT ALLOW IT WHERE IT REMAINS SUPPORTED, AND AGAIN CLARIFY THE STANDARDS FOR ALL RETIREMENT HOUSING AND SUPPORTIVE HOUSING USES, CURRENTLY SUPPORTIVE HOUSING IS A BROADER CATEGORIZATION SUCH AS PEOPLE WITH DISABILITIES, AND THAT'S NOT RECOGNIZED IN THE LANGUAGE TODAY. SO EXAMPLES HERE, WE MENTIONED THAT LONG CLASSIFICATION FOR INSTITUTIONAL USES, INDEPENDENT LIVING WOULD BE RECLASSIFIED AS PRIMARY RESIDENTIAL. THIS IS AN EXAMPLE OF A CHANGE CLARIFYING THE DEVELOPMENT STANDARD, SO ADDING SOME CLARIFICATION OF -- WHERE APARTMENTS CAN TAKE VARIOUS FORMS. WE DO HAVE A FEW MIXED USE DISTRICTS WHERE MULTI-FAMILY INDEPENDENT LIVING AND SINGLE FAMILY USES ARE ALL ALLOWED SO THEY COULD TAKE VARIOUS FORMS AND WE'RE TRYING TO CLARIFY HOW THOSE USES ARE PREVENTED -- PRESENTED AND WHAT STANDARDS THEY WOULD UTILIZE. UMM, THIS ISSUE IS RESTRICTING -- SHOWS THE CHANGES TO THE USE CHARTS, SO YOU CAN SEE THE CHANGE OF THE USE CATEGORY AS WELL AS THE CHANGES TO THE ZONING DISTRICTS THAT ARE IMPACTED BY NEW INDEPENDENT LIVING FACILITIES, AND HOW THEY ARE NOT SUPPORTED IN SPECIFIC AREAS BY THE COMPREHENSIVE PLAN. THOSE -- IN THOSE FOUR DISTRICTS, WE WANT TO MENTION IN A ASSISTED LIVING, CONTINUES CARE AND LONG-TERM CARE WOULD NOT BE IMPACTED. THIS LANGUAGE IS A SPECIAL DISTRICT REQUIREMENT THAT'S ADDED TO HELP SHOW THAT EXISTING USES WILL REMAIN PERMITTED USES. SO WE WORKED WITH THE LEGAL DEPARTMENT TO ENSURE THAT EITHER FACILITIES THAT ARE CONSTRUCTED OR ARE PART OF THE DEVELOPMENT PROCESS TODAY WOULD CONTINUAS PERMITTED USES, NOT NONCONFORMING USES BUT PERMITTED USES SO THEY CAN CONTINUE TO EXIST. ALSO, WE WANTED TO ENSURE THEY CONTINUE VERY CLEARLY TO REMODEL, RECONSTRUCT, WE DEVELOP. THERE'S SOME EXISTING ORDINANCE IN THE LANGUAGE TODAY, IN THE CORRIDOR ZONING COMMERCIAL DISTRICT, AS WELL AS THE URBAN RESIDENTIAL DISTRICT, AND WE MODELED THIS SOMEWHAT ON THAT EXISTING LANGUAGE. CONTINUING CARE FACILITIES ARE ANOTHER ISSUE, BECAUSE THEY DO ALLOW INDEPENDENT LIVING, AS A BUY RIGHT USE, WE WANTED TO MAKE SURE THAT DIDN'T BECOME AN ALTERNATE SOURCE OF, OKAY, I CAN'T BUILD INDEPENDENT LIVING, BUT I COULD DO CONTINUING CARE, AND MAKE IT SORT OF A BACK DOORWAY OF UTILIZING THE ORDINANCE. SO WE LOOKED AT THIS PRETTY CLOSELY. WE LOOKED AT DEFINITIONS AND HOW WE COULD DEFINE THAT TO BE A DISTINCTIVE USE, AND WE FOUND THAT MANY MUNICIPALITIES DON'T DEFINE THIS USE, BUT WE DID FIND A DEFINITION THAT WE LIKED IN THE TEXAS HEALTH AND SAFETY CODE, SO THERE WERE SOME SPECIFIC SERVICES THAT WERE CALLED OUT IN THE -- IN THE STATE -- BY THE STATE OF TEXAS, PERSONAL CARE SERVICES, NURSING SERVICES, MEDICAL SERVICES, OTHER HEALTH-RELATED SERVICES, SO YOU WILL SEE THAT LANGUAGE BEING RECOMMENDED IN OUR ORDINANCE LANGUAGE, SO CONTINUING CARE FACILITY DEFINITION IS RECOMMENDED TO CHANGE TO INCLUDE SOME OF THAT STATE LANGUAGE THAT YOU'LL SEE PERSONAL CARE SERVICES NURSING MEDICAL OTHER RELATE-RELATED SERVICES, SO AGAIN, THAT COMES FROM THE STATE OF TEXAS. YOU'LL ALSO NOTICE SOME RED TEXT THERE, AND THAT IS THERE WAS QUITE A BIT OF DISCUSSION ABOUT THIS AT P&Z, AND SO AFTER THAT DISCUSSION, STAFF INCLUDING PLANNING STAFF, AND LEGAL STAFF, HAD A FURTHER DISCUSSION ABOUT CLARIFYING THIS LANGUAGE AND SO WE THOUGHT IT MIGHT BE CLEARER IF WE SEPARATED OUT PERSONAL CARE SERVICES, AND THEN THE HEALTH-RELATED SERVIS BEING NURSING AND MEDICAL SERVICES. SO WE'RE RECOMMENDING THAT ADDITIONAL PUNCTUATION BECAUSE WE THINK IT'S CLEARER. IF THAT WAS NOT DISCUSSED AT P&Z FOR TOTAL TRANSPARENCY, IF YOU DON'T LIKE THAT, WE COULD REMOVE IT, BUT WE DO THINK THAT COULD HELP PROVIDE SOME ADDITIONAL CLARIFICATION. SO MORE CHANGES TO RETIREMENT HOUSING. I DID MENTION THAT SUPPORTIVE HOUSING IS BEING ADDED, AND THAT IS BECAUSE RIGHT NOW MANY OFHOSE CLASSIFICATION ALSO REFER TO INDIVIDUALS THAT NEEDS A SIFTED LIVING SERVICES. THAT'S NOT NECESSARILY RELATED TO AGE FOR SOME INDIVIDUALS, BUT RIGHT NOW, THEY'RE ALL CLASSIFIED UNDER RETIREMENT HOUSING, BUT WE THINK THIS IS ALMOST A CLEANUP ITEM, WE WANT TO RECOGNIZE YOU DON'T NECESSARILY HAVE TO BE RETIRED TO NEE NEED ASSISTED OR LONG-TERM CARE. SO THIS IS THE SECOND ISSUE, COMMERCIAL EMPLOYMENT DISTRICT, THE MAJOR FOCUS OF THIS DISTRICT IN THE LANGUAGE TODAY I CORPORATE HEADQUARTERS, AND RESEARCH FACILITIES ARRANGED IN A CAMPUS-LIKE SETTING. SO THIS IS LARGELY LOCATED IN THE EMPLOYMENT CENTERS FUTURE LAND USE CATEGORY, THAT DOESN'T SUPPORT NEW RESIDENTIAL USES. THERE HAS LONG BEEN A UNIT STANDARD FOR BUY RIGHT UNITS, THAT'S LONG BEEN REACHED 2500 UNITS WERE ALLOWED BY RIGHT, THERE'S ALSO A CONNECTION TO THE CB1 ZONING DISTRICT THAT WE'LL TALK A LITTLE BIT MORE ABOUT. SO YOU CAN SEE THAT IN THE EMPLOYMENT CENTER'S FUTURE LAND USE CATEGORY, NO HOUSING IS SUPPORTED UNDER THE COMPREHENSIVE PLAN, IT'S FOCUSED ENTIRELY ON JOBS; HOWEVER, IN THAT SAME AREA OF COMMERCIAL EMPLOYMENT THERE ARE SOME URBAN ACTIVITY CENTERS THAT'S REALLY GENERALLY CB1 ZONING IS ALIGNED WITH THE URBAN ACTIVITY CENTERS, HOUSING IS SUPPORTED THERE, SO THERE'S KIND OF MIXED USE CORE THAT'S GENERALLY CB1 ZONING AND THATS SURROUNDED BY THE EMPLOYMENT CENTER FUTURE LAND USE CATEGORY THAT'S GENERALLY CE ZONING. SO WE'RE TRYING TO LINE THOSE UP. THIS IS A MAP OF HOW THAT LOOKS. THE BLUE BEING CENTRAL BUSINESS ONE. AND THE PINK BEING COMMERCIAL EMPLOYMENT ZONING. AND THEN THE HATCHED AREA IS -- SHOWS YOU THE FUTURE LAND USE CATEGORY, AND SO YOU CAN SEE HOW THE HATCHING AND THE PINK ZONING -- THE FUTURE LAND USE CATEGORAND THE ZONING ARE GENERALLY IN ALIGNMENT. IT'S IMPORTANT TO NOTE THAT WHILE THESE ARE NOT PERFECTLY ALIGNED, WE FEEL LIKE BECAUSE THERE ARE RELATIVELY SMALL AREAS OF MISALIGNMENT THAT THOSE COULD, IF NEED BE, OR THROUGH REDEVELOPMENT, WE COULD USE PLANNED DEVELOPMENT DISTRICTS FOR THOSE SMALL AREAS WHERE THERE'S A MISMATCH. SO PROPOSALS INCLUDE RESTRICTING NEW RESIDENTIAL USES IN THE CE DISTRICT, CONSISTENT WITH OUR POLICY GUIDANCE, AND UPDATING THE STDARDS IN THOSE ZONING DISTRICTS TO REDUCE COMPLEXITY OF ADMINISTRATION. SO OUR POLICIES AND OUR REGULATIONS ALIGNMENT. SO THE RESTRICTION WOULD BE TO REMOVE THE SUP PROCESS WHERE THE CITY'S POLICIES DO NOT RECOMMEND MULTI-FAMILY, AND THIS IS -- WHILE THIS IS CONSISTENT WITH OUR CURRENT COMPREHENSIVE PLAN, I WANT TO SAY HAS ALSO BEEN A LONG-STANDING COMP PLAN POLICY AS WELL. SUPPORTING EMPLOYMENT IN THIS AREA. AS THE PRIMARY DRIVER. MULTI-FAMILY RESIDENCES, THIS IS THE SAME SORT OF VESTING OR GRANDFATHERING LANGUAGE WHERE WE WANT TO ENSURE THAT PEOPLE HAVE A PERMITTED USE WHERE THEY EXIST TODAY OR THROUGH THE DEVELOPMENT PROCESS. OR WORKING THROUGH THE DEVELOPMENT PROCESS, I SHOULD SAY. THIS IS SHOWING AN EXAMPLE OF HOW WE ARE REMOVING THE EXISTING LANGUAGE IN THE ZONG DISTRICT WHERE UNITS ARE ALREADY BUILT, BECAUSE THEY ARE ALREADY ON THE GROUND. WE'VE PUT IN THE LANGUAGE THAT SAYS THEY ARE PERMITTED WHERE THEY'RE ALREADY BUILT, SO THIS LANGUAGE IS NO LONGER NEEDED. SO OUR FINAL ISSUE IN THIS ZONING CASE, SINGLE-FAMILY USES IN THE RETAIL ZONING DISTRICT, THIS IS IN THE COUNCIL'S STRATEGIC GOALS, AND THIS RELATES TO THE INITIATIVE TO DEVELOP A CULTURAL CONTINUOUS IMPROVEMENT AND INNOVATION THROUGH CITY GOVNMENT, INNOVATIVE FOURTH QUARTER RETAIL, REDUCING AREAS TO RETAIL DEMAND, AS WELL AS REVITALIZING AGING RETAIL AREAS, INCREASING HOUSING AFFORDABILITY PROMOTING DIVERSE HOUSING TYPES WITH SMALLER FOOTPRINT DEVELOPMENTS AND DEVELOPING INCENTIVES TO PRIVATE INVESTORS BY REDUCING REGULATORY BARRIERS, SO WE BELIEVE IT HITS REALLY A NUMBER OF THE STRATEGIC GOALS THAT COUNCIL HAS RIGHT NOW. SO HOW DOES THIS WORK? WELL, IT DOES FIT WITH THE COMP PLAN BECAUSE IT HELPS IMPLEMENT OYPIC IGHBORHOOD DESIGN. THIS IS A LONG-STANDING LAND USE POLICY THAT WE HAVE WHERE MORE DENSE HOUSING GOES TOWARD THE CORNERS, REALLY THE INTERSECTIONS, AND LESS DENSE HOUSING IS IN THE CENTER OF THE NEIGHBORHOOD, SO WOULD CONTINUE THAT PRACTICE WITH THE KIND OF NEIGHBORHOOD CORNERS AND COMMUNITY CORNERS HAVING OUR MORE DENSE HOUSING TYPES. YOU CAN SEE HOW THIS ALIGNS WITH OUR DETACHED SINGLE FAMILY AND ATTACHED SINGLE FAMILY TYPES ALIGNING WITH OUR NEIGHBORHOOD CORNER AND COMMUNITY CORNER LAND USE CATEGORIES WHERE WE'RE LOOKING AT SORT OF REDUCING THE BARRIERS TO DEVELOPMENT THERE. SO THE PROPOSAL IS TO REMOVE THE REQUIREMENT FOR A ZONING PROCESS, FOR THOSE SINGLE FAMILY USES. THEY ARE ALIGNED WITH THE DASHBOARDS AND THE COMPREHENSIVE PLAN. WE ALSO WANT TO CLARIFY THE SCREENING AND FENCING REQUIREMENTS FOR RESIDENTIAL USES IN THE RETAIL ZONING DISTRICT TO ENSURE THAT THEY ARE COMPATIBLE WITH ANY KIND OF EXISTING COMMERCIAL. SO SINGLE FAMILY RESIDENTS ATTACH, SO BASICALLY A TOWN HOME WOULD BE PERMITTED BY RIGHT. THAT IS TEN UNITS PER ACRE. COULD BE UP TO 12 WITH A SPECIAL APPROVAL. SINGLE FAMILY RESIDENTS DETACHED IS ALSO DEPENDING ON THE ZONING DISTRICT. WOULD BE PERMITTED. AND TWO FAMILY RESIDENTS AGAIN DEPENDS ON THE ZONING DISTRICT. SO RESIDENTIAL USES, THIS IS THE SCREENING REQUIREMENT, TYPICALLY A COMMERCIAL DISTRICT WOULD BE REQUIRED TO SCREEN FROM A RESIDENTIAL DISTRICT BECAUSE WE THINK THE RESIDENTIAL DISTRICT WILL BE GOING IN KIND OF AS A RETROFIT. WE DON'T THINK IT WOULD BE VERY EQUITABLE TO THEN REQUIRE AN EXISTING RETAIL CORNER TO COME BACK AND PUT UP SCREENING BECAUSE SOMETHING NEW IS BUILT NEXT TO THEM, SO WE THINK THE NEW USE SHOULD ESSENTIALLY HAVE TO PROVIDE THE SCREENING AND THAT'S WHAT THIS IS REQUIREMENTING. IS REQUIRING. SO IN SUMMARY, NEW STANDARDS FOR INDEPENDENT LIVING FACILITI TO ALIGN WITH MULTI-FAMILY USES SO THERE'S NOT THAT DISTINCTION BETWEEN AGE, JUST AGE-RELATED DISTINCTION. PERMITTING LAND USES IN CE ZONING TO ALIGN WITH THE EMPLOYMENT CENTER'S FUTURE LAND USE CATEGORY AND SINGLE-FAMILY RESIDENTIAL IN THE RETAIL ZONING DISTRICT. SO THIS ALIGNS WITH A LOT OF THE POLICIES AND ACTIONS IN THE COMPREHENSIVE PLAN. I WON'T READ THEM TO YOU, BUT YOU CAN SEE THEM ON THE SLIDE, AS WELL AS IN GRAPHICAL FORM. AND WE DID RECEIVE THREE LETTERS, ALL SINCE THE PLANNING AND ZONING COMMISSION MEETING IN OPPOSITION, AT THE PLANNING AND ZONING COMMISSION MEETING, WE HAD TWO SPEAKERS IN SUPPORT AND ONE WHO WAS NEUTRAL. THE PLANNING AND ZONING COMMISSION DID RECOMMEND APPROVAL BY A VOTE OF 7-0, AND WITH THAT I'M AVAILABLE FOR QUESTIONS YOU MIGHT HAVE REGARDING THIS ZONING CASE. >> SO MY QUESTION IS ABOUT THE INDEPENDENT LIVING, AND IT TOTALLY MAKES SENSE TO ME TO TAKE IT OUT OF THE OFFICE AREAS, BUT WHAT I'M CONFUSED A LITTLE BIT ABOUT IS TAKING IT OUT OF THE RETAIL SECTIONS, BECAUSE, YOU KNOW, IF I THINK ABOUT MALL OR HAGGARD FARMS, BOTH OF THOSE ARE GOING TO HAVE INDEPENDENT LIVING AND SEEM LIKE THEY MIGHT BE ATTRACTIVE PLACES FOR SOMEBODY WHO IS RETIRING TO BE LIVING NEAR RETAIL BECAUSE IT WOULD MAKE IT EASIER TO GET RETAIL NEEDS MET OR WALK TO A RESTAURANT, SO WHAT ARE THE THOUGHTS ON IF WE'RE ACTUALLY MAKING SOMETHING MORE DIFFICULT FOR SENIORS OR THOSE RETIRING BY TAKING IT OUT OF RETAIL? >> RIGHT. I THINK THE TWO EXAMPLES YOU GAVE ARE GOOD EXAMPLES, BECAUSE COLLIN CREEK MALL IS A UMU DISTRICT, SO THAT WOULD NOT APPLY TO -- THAT WOULD NOT BE A RETAIL ZONING ISSUE, AND THEN THE HAGGARD FARM, THAT WAS A PLANNED DEVELOPMENT DISTRICT, SO IF THEY WANTED TO BUILD INDEPENDENT LIVING THERE, THEY COULD DO IT. I THINK THE INDEPENDENT LIVING THAT'S THERE IS NOT PART OF THE LARGER PD THAT THEY DID. THEY DID IT BY RIGHT BEFORE HAND, SO IT WAS UTILIZING THE OFFICE BASED ZONING, SO THAT WOULD BE SOMETHING THAT WOULD CHANGE WITH TIME. SO THAT WOULD BE SOMETHING THAT WOULD HAVE NEEDED TO BE PART OF THE LARGER PLANNED DEVELOPMENT DISTRICT THAT THEY'VE DONE, THAT WOULD BE A CHANGE FROM THEN TO NOW. >> Prince: BUT TECHNICALLY WHAT YOU'RE SAYING IS THAT SOMEBODY COULD COME BACK TO YOU AND SAY I DON'T WANT TO USE THE RETAIL-BASED ZONING, HERE, A THEN GET THESE IN PD THEM CORRECT? >> IT SHOULD BE FIVE ACRES OR MORE. IT SHOULD MEET THE PD STANDARDS, SO IT SHOULDN'T JUST BY WANT THIS ZONING. IT SHOULD BE FOR A SPECIFIC PURPOSE WITH A SPECIAL DESIGN. BUT IF THEY HAVE A REAL PURPOSE BEHIND IT, NOT JUST I WANT THIS LAND USE, WE WOULD NEED TO LOOK AT THE SPECIFIC STANDARDS OF THE PLANNED DEVELOPMENT THAT IT'S UNIQUE AND MEETING A SPECIFIC COMMUNITY NEED, SO IF -- IF IT CHECKS THE BOXES AND MEETS THE STANDARDS FOR PLANNEDEVELOPME, THEN I THINK WE WOULD MAKE IT WORK. >> DO YOU KNOW WHAT THE AVERAGE ACREAGE IS OF OUR COMMUNITY RETAIL CORNERS, THAT THIS IS PRIMARILY GOING TO IMPACT. >> THEY'RE GOING TO BE LARGER THAN FIVE ACRES. >> Prince: OKAY. >> I THINK THE CHALLENGE WITH THE RETAIL CORNERS IS THAT THE STANDARDS OF THE COMPREHENSIVE PLAN ARE GENERALLY IT'S THE HEIGHT LIMITATION. A LOT OF THE INDEPENDENT LIVING FACILITIES THAT WE'VE SEEN BUILT RECENTLY ARE THREE AND FOUR STORIES, AND THAT'S GOING TO BE A CONFLICT WITH THE COMPREHENSIVE PLAN. BECAUSE THEY -- THE COMPREHENSIVE PLAN IS GENERALLY ON THE NEIGHBORHOOD CORNERS, TWO STORY, JUST LIKE THE EXISTING RETAIL ZONING IS TWO STORY. THAT'S WHY THE SINGLE-FAMILY IS A GOOD FIT, BECAUSE IT FITS IN WITH THE EXISTING ZONING STANDARDS. >> Mayor Muns: ANY OTHER THTHANK YOU.R CHRISTINA? I'LL OPEN THE PUBLIC HEARING. DO WE HAVE ANY SPEAKERS? >> City Clerk: WE HAVE ONE SPEAKER, FRANK TURNER. >> MY NAME IS FRANK TURNER, AND HERE IS A CITIZEN OF PLANO ON THIS ITEM, I'M NOT REPRESENTING A CLIENT OTHER THAN MYSELF, I'M A SOME BY. ZOMBIE. I'M ONE OF THE BABY BOOMERS WHO WOULD LIKE TO TAKE ADVANTAGE AT SOME POINT OF SENIOR HOUSING OPPORTUNITIES. I'M PROUD TO BE A PART OF THAT GROUP OF BOOMERS 1946 TO 1964 THAT REPRESENT THE SECOND LARGEST GENERATION NEXT TO MILLENIALS, POPULATION GROUP IN THE UNITED STATES. AS WE HAVE WANDERED THROUGH THE YEARS, WE HAVE HEAVILY IMPACTED MANY INSTITUTIONS STARTING WITH ELEMENTARY SCHOOLS THAT HAD TO BE GREATLY EXPANDED BECAUSE OF BABY BOOMERS AND ON TO HIGHER EDUCATION, AND OF COURSE PROFOUND IMPACT ON THE LABOR FORCE AND THE ECONOMY, NOT ONLY IN PRODUCTION BUT ALSO VERY MUCH CONSUMPTION. WE AFFECTED THE ECONOMY. AND NOW WE'RE ENTERING RETIREMENT, SOME OF US SLOWER THAN OTHERS, LIKE ME. BUT IT'S ESTIMATED THAT 10,000 PEOPLE CROSS THE LINE, PAGE 65, EVERY DAY. 10,000 AMERICANS. CROSS THAT LINE. I THINK ALL OF US HAVE A RESPONSIBILITY TO OUR SENIORS IN PROVIDING ADEQUATE SERVICES, HOUSING OPPORTUNITIES. IT'S A COMMUNITY RESPONSIBILITY. AND IT'S NOT ONE THAT WE COULD SHIRK BECAUSE THE DECISION HAS ALREADY BEEN MADE. WE'RE HERE. WE CAN'T ROLL BACK THE CLOCK TO 1946 AND RESET THE BIRTH RATE. WE'RE HERE. AND WE'RE AGING AND WE'RE ADVANCING AND WE'RE PROFOUNDLY AFFECTING AMERICA IN EVERY CITY AND COMMUNITY IN AMERICA. IT'S ESTIMATED IN 2010 THAT THERE WERE 23,000 SENIORS IN PLANO, AND A QUICK ESTIMATE BY 2030, EVEN ASSUMING WE ARE STILL WELL BELOW NATIONAL AVERAGES, THAT NUMBER WILL ADVANCE TO 51,000 SENIORS IN PLANO. ROUGHLY 17% OF OUR POPULATION, WHEREAS THE STATE WILL EXCEED OVER 20% SENIORS AT THAT POINT. WE HAVE A RESPONSIBILITY OF PROVIDING FOR THEM. NOW, ONE SIZE DOESN'T FIT ALL, AS MS. DAY STATED, THERE ARE VARIOUS CLASSES OF SENIOR FACILITIES AND HOUSING IN OUR COMMUNITY, AND MANY PEOPLE WILL GO KICKING AND SCREAMING OUT OF THEIR SINGLE-FAMILY HOME. I HOPE TO BE ONE OF THOSE THAT GOES KICKING AND SCREAMING. BUT WITHOUT HOUSING OPPORTUNITIES, WE WILL HAVE LITTLE CHOICE BUT TO STAY IN OUR SINGLE-FAMILY HOMES, AND THAT WILL PROFOUNDLY AFFECT THE SUPPLY OF HOUSING FOR YOUNGER PEOPLE WHO WISH TO LIVE IN OUR COMMUNITY. THERE ARE ONLY -- THERE ARE LIMITED OPPORTUNITIES FOR EXPANDING HOUSING IN OUR COMMUNITY. VERY LIMITED. SO THINK ABOUT THAT. THINK ABOUT THAT, IF YOU WILL. THE HOUSING POLICIES OF THE COMMUNITY NEED TO BE SET BASED ON -- BASED ON DEMOGRAPHIC NEEDS, AND NOT TRYING TO FIT SQUARE PEGS IN ROUND HOLES. [ NO AUDIO ] ... TO TABLE THIS ITEM TO ALLOW FOR FURTHER STUDY OF DEMOGRAPHIC TRENDS AND HOW PLANO'S HOUSING POLICIES MATCH WITH THOSE TRENDS. IT'S OUR RESPONSIBILITY. >> Mayor Muns: THANK YOU. CLOSE THE PUBLIC HEARING, CONFINE THE COMMENTS TO THE COUNCIL. >> Smith : QUICK QUESTION, CHRISTINA, MAYBE I LOOKED AT IT WRONG, BUT THE WAY I SEE IT IS NOTHING HERE THAT WE'RE LOOKING AT DOING THE CONSOLIDATIONS, TO ME IT'S MORE LIKE HOUSEKEEPING, IT'S CLEANING THINGS UP, BUT I DON'T SEE ANYTHING THAT'S PARTICULARLY GOING TO REDUCE THE OPPORTUNITY FOR US TO STILL HAVE HOUSING, BE IT MULTI-FAMILY OR INDEPENDENT LIVING OR SINGLE FAMILY, AM I INCORRECT ON THAT? >> I THINK WE'RE INCREASING THE HOUSING OPTIONS IN SOME WAYS, AND WE ARE RESTRICTING IT IN SOME WAYS, BUT IT IS HOUSEKEEPING -- >> Smith : OVERALL IT'S -- >> WE'RE ALIGNING IT WITH OUR POLICIES. >> Smith : OKAY, THANK YOU. >> Ricciardelli: AND TO PIGGY BACK ON COUNCILMEMBER SMITH'S POINT, IT SEEMS TO ME THAT WHAT WE'RE DOING HERE, AND THIS MAY BE A GROSS OVERSIM APPLICATIOSIMPLIFN RESPONSE TO MAYOR PRO TEM PRNCE'S QUESTION, WE COULD ENACT A PD WHERE THAT'S APPROPRIATE, WE COULD REZONE WHERE THAT'S APPROPRIATE, AND SO WE'RE -- WOULD IT BE -- IS MY UNDERSTANDING ACCURATE THAT IN SOME WAYS WE'RE CHANGING THE DEFAULT RULES BUT WE'RE NOT MAKING IT IMPOSSIBLE FOR MORE SENIOR HOUSING TO GO IN WHERE IT BELONGS, BECAUSE I DO THINK MR. TURNER HAS A GOOD POINT, THAT WE HAVE A NEED FOR SENIOR HOUSING BECAUSE OF THE GROWING SENIOR POPULATION OF PLANO, BUT WE'RE NOT FORECLOSING THAT OPTION, ARE WE? >> THAT IS CORRECT. >> Mayor Muns: COUNCILMAN GRADY? >> Grady: LET ME CLARIFY A POINT, BECAUSE CERTAINLY WE'VE KNOWN THE NEED FOR SENIOR HOUSING AND ALL TYPES OF HOUSING AND I'M NOT JUST TALKING ABOUT SENIOR HOUSING, BUT EVEN WHEN WE GET TO INDEPENDENT LIVING HOUSING AND CONTINUUM CARE TYPE HOUSING, WE'RE NOT JUST TALKING SENIORS, WE'RE TALKING OTHER PEOPLE WHO MIGHT HAVE A MENTAL OR PHYSICAL DISABILITY AND NEED THOSE TYPES OF SERVICES OF CONTINUOUS CARE, SO WHEN I SAW IN THE INFORMATION THAT WE WERE REMOVING THE WORLD "ELDERLY", I WAS ACTUALLY PLEASED BY THAT. BUT LET ME ASK A QUESTION. THE -- I WENT BACK AND TOOK A LOOK AT THE PREVIOUS PLANNING AND ZONING MEETINGS TO SEE WHERE THE OBJECTIONS WERE, BECAUSE WE'VE BEEN WORKING AT THIS FOR SOME TIME, AND I -- AND IT STARTED, IF I'M NOT WRONG, IN SEPTEMBER 19th OF LAST YEAR. AND I DIDN'T HEAR ANYTHING AS FAR AS NEEDING ADJUSTMENTS OTHER THAN AT THAT MEETING THEY DETERMINED THAT THERE WAS MORE DISCUSSION TO HAVE, AND THEY RESCHEDULED IT FOR FURTHER MEETING. AND I BELIEVE THAT MEETING WAS NOVEMBER 7th, AT WHICH POINT THEY FELT THERE WAS FURTHER DISCUSSION THAT WAS NEEDED AND THEY TABLED IT AGAIN, TO DECEMBER 5th, AND THEN IT WAS TABLED AGAIN TO THE 19th WHERE THERE WAS FURTHER DISCUSSION AND FURTHER INPUT, AND FINALLY PUT ON THE JANUARY 17th MEETING WHERE IT WAS THEN PASSED. AND THEN IT WAS PUT ON THE COUNCIL AGENDA FOR FEBRUARY 13th WHERE IT WAS TABLED UNTIL THIS MEETING. THE POINT THAT I'M TRYING TO MAKE IS IS THAT THERE HAS BEEN SIGNIFICANT AND AMPLE OPPORTUNITY, I THINK, AND I'M NOT SURE WHERE OUR COMMUNICATIONS WENT AWRY THAT PEOPLE DIDN'T KNOW THAT THIS WAS COMING FORWARD, BUT FOR IT TO ARISE NOW AND SAY, WELL, LET'S TABLE IT AGAIN AND HAVE SOME MORE DISCUSSION SEEMS DEFEATIVE TO M AND IN THAT CASE, I'M GOING TO MAKE A MOTION THAT WE APPROVE THIS ITEM THIS EVENING. >> SECOND. >> Mayor Muns: ANY OTHER COMMENTS? SORRY. COUNCILMEMBER HOLMER? >> Holmer: I HAVE A QUESTION FOR CHRISTINA. BACK TO KAYCI'S QUESTION, CAN YOU GIVE ME AN EXAMPLE OF A RETAIL AREA THAT WOULD BE AFFECTED BY THIS DECISION? >> THE RETAIL ZONING DISTRICT IS GENERALLY ON MOST OF THE CORNERS THROUGHOUT PLANO, SO WHAT IT WOULD ALLOW US TO DO IS RIGHT NOW, YOU NEED TO GO THROUGH A SPECIFIC USE PERMIT PROCESS TO DO -- TO BUILD LET'S SAY PATIO HOMES ON, IF YOU HAVE VACANT LAND. SO -- OR SO WHAT IT WOULD DO ALLOW YOU BY RIGHT TO BUILD THOSE, RATHER THAN HAVING TO GO THROUGH A ZONING PROCESS, BECAUSE IT FITS THE DASHBOARD OF THE COMPREHENSIVE PLAN, SO WE'VE GONE THROUGH, WE KNOW IT FITS THE HEIGHT, IT FITS THE DENSITY, WE'VE GONE THROUGH THIS PUBLIC PROCESS OF SAY HG IS A FIT FOR THE COMMUNITY, RATHER THAN ASKING SOMEONE TO GO IN AND TO GO THROUGH A ZONING PROCESS, WE'VE SAID, HEY, THIS IS A BY RIGHT DEVELOPMENT, YOU CAN DO THIS TYPE OF SINGLE-FAMILY HOUSING WITHOUT THE ADDITIONAL BURDEN OF GOING THROUGH A ZONING PROCESS. >> YOU COULD DO INDEPENDENT HOUSING. >> NOT -- IT COULD BE SENIOR RESTRICTED HOUSING, BUT IT DOESN'T HAVE TO BE, IT COULD BE FAMILY HOUSING AS WELL. IT WOULD JUST BE -- IT WOULD TON HOUSES, PATIO HOMES, OR DUPLEXES ESSENTIALLY THAT COULD BE BUI. >> Holmer: OKAY. I MEAN, I GUESS I DO HAVE THE CONCERNS ABOUT US HAVING LIMITED INDEPENDENT HOUSING GOING BACK TO I LIKE WHAT HAS BEEN POINTED OUT, THAT WE'RE NOT JUST TALKING ABOUT SENIOR ELDERLY HOUSING, WE'RE TALKING ABOUT PEOPLE THAT MAYBE HAVE SOME RESTRICTIONS. WE HAVE LIMITED INVENTORY OF SINGLE FAMILY HOMES. W.WE KNOW THAT PEOPLE ARE AGING IN PLACE BECAUSE THEY HAVE NOWHERE ELSE TO GO. THAT IS A CHALLENGE. WE KNOW WE HAVE YOUNG FAMILIES THAT WANT TO MOVE INTO THESE HOMES, BUT UNTIL THESE PEOPLE -- I'M NOT SURE. I KNOW WE HAVE A SENIOR TAX FREEZE FOR PEOPLE 65 AND OVER. ARE INDIVIDUALS WHO ARE DISABLED ELIGIBLE FOR THAT TAX FREEZE AS WELL? THEY ARE. OKAY. SO POTENTIALLY, WE WOULD BE FREEING UP -- WE WOULD BE FREEING UP PROPERTY INVENTORY FOR YOUNG FAMILIES TO MOVE IN THAT PEOPLE COULD MOVE ELSEWHERE AND INCREASE OUR PROPERTY TAXES THAT ARE BEING FROZEN BECAUSE PEOPLE DON'T HAVE OTHER OPTION, IS THAT CORRECT? >> THAT IS CORRECT. THE OTHER THING I WANT TO MAKE SURE I'M CLEAR ABOUT IS THOSE OTHER CATEGORIES OF SUPPORTIVE HOUSING ARE NOT BEING CHANGED IN THE ORDINANCE. IT'S ONLY THE AGE-RESTRICTED HOUSING INDEPENDENT LIVING. THE CONTINUING CARE, ASSISTED LIVING, THOSE ARE NOT BEING CHANGED. THOSE ARE STAYING AS IS. >> SO IS IT NOT POSSIBLE TO HAVE INDEPENDENT LIVING THAT WOULD INCLUDE ANYONE THAT FIT AGE CATEGORY OR HAD A NEED FOR ASSISTANCE DUE TO MENTAL OR HEALTH? >> THE DEFINITION, YOU'RE NOT -- THE DEFINITION OF INDEPENDENT LIVING IS THAT YOU ARE NOT SUPPLYING SERVICES TO RESIDENTS. IT'S ESSENTIALLY AN APARTMENT FOR THE ONLY QUALIFICATION IS THAT THE HEAD OF HOUSEHOLD IS 55 YEARS OR OLDER. >> OR DISABLED? >> NO. >> NO, OKAY. >> OKAY. >> Holmer: OKAY. WELL, I GUESS I JUST -- I HEAR WHAT COUNCILMEMBER GRADY IS SAYING, THAT THIS HAS BEEN KICKED DOWN A COUPLE TIMES AND DELAYED. TO BE HONEST, I DON'T FOLLOW THE P&Z SUPER CLOSELY UNTIL IT GETS TO US, SO I -- I FEEL LIKE NOW IT'S ON ANY RADAR, NOW I'M READING THE LETTERS FROM INDIVIDUALS THAT ARE SAYING LET'S DO SOME MORE RESEARCH, AND SO I APOLOGIZE IF I'M A LITTLE LATE TO THAT, FROM WHAT I'M HEARING FROM CONSTITUENTS IS THAT THEY WOULD LIKE TO SEE A LITTLE BIT MORE RESEARCH OR STUDIES DONE, SO I'M NOT SURE I'M SUPPORTIVE OF PASSING IT AT THIS POINT IN TIME. >> Mayor Muns: COUNCILMAN WILLIAMS? >> Williams: MR. TURNER IS CORRECT IN THAT OUR DEMOGRAPHICS ARE AGING. AND AS COUNCILWOMAN HOLMER JUST POINTED OUT, THERE'S NOT REALLY MANY GOOD OPTIONS FOR EMPTY NESTERS TO MOVE INTO, BECAUSE I'M GOING TO SOUND LIKE A BROKEN RECORD ON THIS, BUT WE HAVE A DICHOTOMY OF HOUSING TYPES, WE'RE CATERING PRIMARILY TO TWO LIFE STAGES, FAR MORE LIFE STAGES AND PEOPLE CAN FIND THEMSELVES IN. I FIND IT'S A BIT OF A CHICKEN AND EGG EQUATION, BECAUSE OUR DEM GRAPHICS ARE AGING IN PART, NOT EXCLUSIVELY, BUT IN PART BECAUSE OF THAT DICHOTOMY OF HOUSING TYPES. THEY AREN'T FREEING UP THE HOUSING STOCK THAT IS MORE APPROPRIATE FOR SAY MIDDLE STAGE FAMILIES, AND SO THOSE NEW MIDDLE STAGE FAMILIES HAVE -- DON'TAVE THE INVENTORY TO MOVE INTO TO KEEP AT LEAST OUR AVERAGE AGE STEADY, MAYBE INCREASING MORE SLOWLY. SO TO HELP ALLEVIATE THAT, I DON'T THINK THAT RESTRICTING THE AREAS OF THE CITY IN WHICH WE CAN ENTERTAIN INDEPENDENT LIVING DEVELOPMENT IS REALLY GOING TO CHANGE THAT EQUATION FOR THE BETTER OR WORSE, BUT IT DOES, AS WAS JUST BROUGHT UP, WITH SOME OF THESE CHANGES, MAKE IT A LITTLE EASIER TO PROVIDE MORE HOUSING STOCK, AGAIN, WE DON'T HAVE MUCH UNDEVELOPED LAND, BUT IN THE REDEVELOPMENT OPPORTUNITIES, ADDITIONAL HOUSING STOCK THAT -- THROUGH THE SMALLER FOOTPRINT OWNERSHIP OPTIONS, TOWN HOMES, ET CETERA, TO PROVIDE FOR HOUSING STOCK, THE DIFFERENT LIFE STAGES SO THAT WE DO INCREASE OUR HOUSING MOBILITY, AND MAYBE THEREBY REDUCE -- AT LEAST REDUCE THE INCREASE IN OUR AVERAGE AGE OVER TIME, AND PROVIDE GREATER HOUSING MOBILITY, AND WHEN SENIORS HAVE MORE OPTIONS TO MOVE INTO,ECAUSE SOME CERTAINLY WANTED TO MOVE INTO INDEPENDENT LIVING COMMUNITIES A LOT, THEY'RE HAPPY TO GIVE UP THEIR SINGLE-FAMILY HOME AS LONG AS IT'S FOR A SMALLER SINGLE-FAMILY HOME WITHOUT THE STAIRS THEY HAVE TO NAVIGATE AND MAYBE WITHOUT THE POOL THEY HAVE TO KEEP SINKING MONEY INTO, BUT WITH THAT, I SUPPOR THIS. >> Mayor Muns: I HAVE A MOTION AND A SECOND TO APPROVE THE AGENDA ITEM NUMBER 2, PLEASE VOTE. MOTION PASSES 6-2. >> Ricciardelli: MR. MAYOR, IF I MAY, I KNOW WE HAVE ONE ZONING CASE #Z2013 LEFT, I'M GOING TO REQUEST A QUICK RECESS TO MAKE A RUN DOWN THE HALL. [ INDISTINCT CHATTER ] >> Mayor Muns: WE'LL TAKE A TWO-MINUTE BREAK. ♪ >> City Clerk: ITEM NUMBER 3, PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE AS REQUESTED IN ZONING CASE 2022-17 TO AMEND ARTICLE IX, RESIDENTIAL DISTRICTS, ARTICLE X, NONRESIDENTIAL DISTRICTS, AND ARTICLE XIV ALLOWED USES ANDS OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER 2015-5-2, AS HERETOFORE AMENDED TO IMPROVE ALIGNMENT OF THE RESIDENTIAL COMMUNITY DESIGN AND NEIGHBORHOOD BUSINESS DEIGN DISTRICTS WITH THE COMPREHENSIVE PLAN, PROVIDING A PENALTY CLAUSE, A REPEALER CLAUSE, A SAVINGS CLAUSE, SEVERABILITY CLAUSE, A PUBLICATION CLAUSE, AND AN EFFECTIVE DATE, THIS ITEM WAS TABLED AT THE FEBRUARY 13th MEETING. >> ALL RIGHT, ZING CASE 2022-17 ALSO HAS A HISTORY, ITS HISTORY IS PERHAPS A LITTLE LONGER, PLANNING AND ZONING COMMISSION APPROVED DISTRICTS BACK IN JULY OF 2020. COUNCIL TABLED THE DISTRICTS IN AUGUST OF 2020, BECAUSE WE WERE IN THE CPRC PROCESS AND THEY WANTED TO SEE THE -- Y'ALL WANTED TO SEE THE OUTCOME OF THAT PROCESS, UNDERSTANDABLY SO. SO IN JANUARY OF 2021, COUNCIL APPROVED THE DISTRICTS WITH THE UNDERSTANDING THAT IT WAS LIMITED TO THE PLANO EVENT CENTER SITE, BECAUSE THE CPRC PROCESS STILL WASN'T FINISHED AT THE TIME, BUT YOU DIRECTED US TO BRING IT BACK ONCE THE COMPREHENSIVE PLAN PROCESS WAS COMPLETE, SO WE COULD LOOK AT IF THE DISTRICTS COULD BE APPLICABLE UNDER THE NEW COMP PLAN. SO AS WE STATED PREVIOUSLY, THE NEW COMP PLAN WAS ADOPTED, AND SO WE HAVE BEEN DISCUSSING WHETHER OR NOT THESE DISTRICTS ALIGN WITH THE NEW PLAN, AND SO WE'VE DRAFTED AMENDMENTS THAT HOPEFULLY MAKE THEM FIT QUITE NICELY WITH THE NEW PLAN, AND SO THAT'S WHAT WE'VE GOT FOR YOU THIS EVENING. SO A LITTLE REFRESHER ON THESE, SINCE IT'S BEEN AWHILE SINCE YOU'VE SEEN THEM. THERE ARE TWO DISTRICTS THAT ARE COMPANION DISTRICTS, NEIGHBORHOOD BUSINESS DESIGN, AND RESIDENTIAL COMMUNITY DESIGN. THEY RELATE NOT EXCLUSIVELY, BUT ARE DESIGNED TO HELP IMPLEMENT THE ENVISION OAK POINT PLAN. THEY HAVE A NUMBER OF UNIQUE ELEMENTS INCLUDING THEY HAVE TRANSITION IN HEIGHTS FROM NEIGHBORHOODS, THEY'RE LOW RISE, THEY'RE LESS INTENSE MIXED USE DISTRICTS, SO REALLY INTENDED TO BE A SUBURBAN STYLE MIX OF USES. THEY HAVE WALKABLE TREE LINED STREETS, THEY REQUIRE OPEN SPACE, THERE'S ON STREET PARKING, THEY WORK TOGETHER SO YOU COULD EITHER DO COMMERCIAL OR A MIX OF COMMERCIAL AND RESIDENTIAL OR RESIDENTIAL. THEY'RE MEANT TO BE VERY FLEXIBLE, PROVIDE A MIX OF HOUSING AND RETAIL. SO THEY ARE INTENDED TO MEET WHERE OUR ZONING HAS A GAP WITH THE MARKET. SO WE HAVE KIND OF INTENSE -- SOME INTENSE HOUSING TYPES, SOME LESS INTENSE HOUSING TYPES, AND THEN THERE'S SOME PIECES OF OUR -- SOME TOOLS THAT WE'RE MISSING ESSENTIALLY, SO THIS GIVES US SOME OF THESE TOOLS. SO THIS IS INTENDED TO SUM THIS UP THAT IT'S MARKET RESPONSIVE. RIGHT NOW WE'RE ESSENTIALLY USING PDs TO CREATE THESE THINGS, AND OFTENTIMES THINGS ARE EITHER TOO INTENSE OR NOT INTENSE ENOUGH, SO WE HAVE TO TRY TO MAKE THINGS FIT. AND WE'RE HOPING THAT MVD AND RCD CAN BE AN OPTION FOR US TO APPLY THE NEW COMPREHENSIVE PLAN AND MEAT MARKET STANDARDS IN A MORE EFFICIENT WAY. SO HOW DOES THIS WORK? WELL, PROBABLY SOMEWHAT FAMILIAR WITH IT, BECAUSE IT'S A LITTLE BIT LIKE A UMU DISTRICT WHICH HELPS US HAVE SOME PREDICTABILITY. IT'S GOTTEN ADOPTED DEVELOPMENT PLAN, SO YOU SHOULD KNOW WHAT IT'S LOOKS LIKE. IT'S GOT A GOVERNMENT ASSOCIATION, LIKE A GIANT HOA. IT'S GOT STREET AND SIDEWALK STANDARDS. MINIMUM OPEN SPACE STANDARDS, AND SO MOVING ON FROM HERE, ONE OF THE REALLY UNIQUE ELEMENTS IS BECAUSE WE THINK THESE -- OUR CITY IS SO DEVELOPED AT THIS POINT, WE KNOW IT'S LIKELY TO BE NEAR EXISTING RESIDENTIAL, SO WE'VE GOT THIS TWO TO ONE HEIGHT SETBACK RATIO, TRANSITION, THAT WE GAVE PEOPLE OPTIONS ON, AND THIS WAS THE PREFERRED OPTION. THE -- THERE IS A MIX OF USE REQUIREMENT WHERE YOU HAVE TO HAVE THREE DIFFERENT USES. WE HAVE THESE LIVE WORK BUSINESS STYLE -- BUSINESS LOST USES THAT REQUIRE SOMEONE TO LIVE UPSTAIRS FROM THE BUSINESS, SO IT'S NOT AN EITHER/OR BUSINESS OR RESIDENTIAL, IT'S ACTUALLY BUSINESS PLUS RESIDENTIAL. AND THEN THE HOUSING TYPES, THERE ARE EIGHT DIFFERENT HOUSING TYPES. THEY'RE DONE IN TIERS TO INCLUDE A MIX, AND THAT MIX LAYS OUT HERE WITH TIER ONE IS THE LEAST INTENSE MIX WITH SMALL LOT SINGLE FAMILY, SOME SORT OF COTTAGE BUNGALO TYPE HOUSING. AGAIN, THESE ARE CONCEPTUAL TYPE PHOTOS. TIER 2 ARE KIND OF THE MID RANGE OF HOUSING TODAY. AND TIER 3 ARE THE MORE INTENSE LIKE HIGHER DENSITY STYLE OF HOUSING, BUT THEY'RE LIMITED TO 25% OF THE DISTRICT AND YOU HAVE TO HAVE 100 UNITS MINIMUM TO EVEN CONTEMPLATE DOING TIER 3. SO HOW DOES THAT FIT WITH THE COMPREHENSIVE PLAN? I GUESS WE'LL GET TO THAT IN A MINUTE, BUT THIS IS HOW THINGS PLAY OUT, IF YOU'RE DOING 50 UNITS OR LESS, YOU NEED TO STICK IN KIND OF TIE. YOU COULD DO TIER 2. 51 TO 100 UNITS AND THEN OVER 100 UNITS YOU CAN START ADDING TIER 3. SO COMPREHENSIVE PLAN ALIGNMENT, WE LOOKED AT ACTION RGM5, SO HA IS REDEVELOPMENT GROWTH MANAGEMENT 5. SO WE ARE PROPOSING TO ADD A STANDARD THAT LIMITS THE MBD DISTRICT WITH HOUSING TO NO MORE THAN 50% RESIDENTIAL SQUARE FOOTAGE, SO THAT WOULD ALIGN WITH THE REDEVELOPMENT GROWTH MANAGEMENT STANDARD. OKAY. MOVING ON HERE. SAME STANDARD B HAS PHASING REQUIREMENTS, SO WE'RE PROPOSING TO ADD A PHASING REQUIREMENT THAT WILL HELP MEET THE STANDARD WITHIN THE COMPREHENSIVE PLAN, SO FOR EVERY TWO ACRES OR FEET OF RESIDENTIAL USES, YOU HAVE TO HAVE ONE ACRE OR FOOT OF NONRESIDENTIAL USE IN THE DEVELOPMENT. AND THEN ITEM C WITHIN THAT SAME ACTION IS THE KEY DESIGN FEATURES ARE REQUIRED CONCURRENT WITH RESIDENTIAL, SO THE PROPOSED CHANGE IS TO REQUIRE USABLE OPEN SPACE AND PLAN TRAILS DURING THE FIRST PHASE. CURRENTLY WE REQUIRE STREET ENHANCEMENTS, AND SIDEWALKS WITH THE DEVELOPMENT. ACTION RGM9 IS LIMITED SMALL SCALE MULTI-FAMILY DEVELOPMENTS TO -- THAT ARE AT LEAST TEN ACRES IN SIZE TO HAVE NO MORE THAN 25% MULTI-FAMILY UNITS AND CONTROLLED BY A GOVERNANCE ASSOCIATION, WE WILL ALREADY ARE THE GOVERNANCE ASSOCIATION REQUIREMENT SO THAT IS COMPLETE, BUT WE HAD TO MIX UP THE UNIT CATEGORIZATION IN ORDER TO MEET THIS. SO MANOR HOMES, AS YOU SEE THE SECOND TIER FAR RIGHT ARE A MULTI-FAMILY TYPE, AND STACKED FLATS ON THE LAST ROW ARE NOT -- ARE ALSO -- THOSE TWO ARE MULTI-FAMILY TYPES, SO WE JUST COMBINED THOSE IN TIER 2 -- I'M SORRY, IN TIER 3, THAT'S WHAT I'M MEANING T SAY, SO TIER 3 HAS ALL THE MULTI-FAMILY TYPES. THEY'RE LIMITED TO 25%. YOU CAN ONLY DO IT IF IT'S OVER 100 UNITS, SO THAT SHOULD FIT WITH THE COMPREHENSIVE PLAN GUIDANCE. KIND OF CONVENIENT THAT WE ALREADY HAD THAT 25% STANDARD IN THERE, SO IT WAS A PRETTY EASY FIX. WE REVIEWED THE DASHBOARDS TO SEE ALIGNMENT. I DON'T EXPECT THAT ANYONE CAN SEE THIS, I'M JUST SHOWING YOU THAT WE ACTUALLY LOOKED IN DETAIL AT THE ZONING DISTRICTS, THE TIERS, THE VARIOUS DIFFERENT LAND USE -- FUTURE LAND USE CATEGORIES IN DETAIL, AND WHAT'S THE DENSITY? WHAT'S THE INTENSITY? WHAT'S THE SCALE? WHAT'S THE OPEN SPACE? PARKING. ALL THIS STUFF, AND DID A COMPARISON WHERE THEY ALIGNED AND WHERE THEY DIDN'T TO SEE WHAT CHANGES MIGHT BE NEEDED AND THE GREAT THING ABOUT THESE DISTRICTS IS WE NEEDED TO AMEND SOME PURPOSE STATEMENTS TO MAKE SURE THEY WERE COMPATIBLE. SO WE SAID LOCATIONS NEED TO BE COMPATIBLE SURROUNDING NEIGHBORHOODS AND WE WANT TO MAKE SURE THAT THE DEVELOPMENT ALIGNS WITH THE COMP PLAN, BECAUSE THESE ARE ALL GOING TO BE DISCRETIONARY BECAUSE THEY'RE ALL REZONING, RIGHT? SO AT THE TIME OF THE REQUEST, P&Z AND COUNCIL BOTH ARE GOING TO GET TO JUDGE ARE THE DASHBOARD REQUIREMENTS BEING MET? YOU CONSIDER THEM INDIVIDUALLY, SO EACH OF THOSE IN THE REQUIREMENTS, IF SOMETHING IS NOT QUITE, YOU NEED TO TO TWEAK IT, YOU NEED TO MOVE IT DOWN, WE CAN ALL DO THA AS PART OF EACH SPECIFIC DISTRICT'S STANDARD REQUIREMENTS. SO WE FEEL LIKE THAT FLEXIBILITY IS REALLY GOING TO HELP US IMPLEMENT THIS FOR EACH. THERE WAS A LOT OF ALIGNMENT, BUT WHERE THERE'S A SLIGHT DIFFERENTIAL, WE FEEL LIKE WE CAN MAKE THAT UP WITH AMENDMENTS TO THE DISTRICT. BECAUSE OF THAT FLEXIBILITY THAT'S BUILT IN. SO AGAIN, WE CAN ADD AMENDMENTS WITH A FEW EXCEPTIONS AND THAT WILL -- OUR PROPOSAL IS TO ALLOW MORE APPLICANT RATHER THAN CREATING MORE ZONING DISTRICTS, ALLOW SOME FLEXIBILITY WITH THE MINIMUM AND MAXIMUM DENSITIES SO YOU ALL CAN USE THESE MORE TO IMPLEMENT THE COMPREHENSIVE PLAN, SO YOU COULD USE IT IN AN URBAN ACTIVITY CENTER OR IN AN EXPRESSWAY CORRIDOR. IT MAY NOT MEET IT PERFECTLY, BUT IT GIVES YOU ALL MORE FLEXIBILITY TO MEET THE COMP PLAN WITHOUT CREATING ADDITIONAL ZONING DISTRICTS. SO FREESTANDING RESIDENTIAL BUILDINGS, THI WAS THE LAST CHANGE. P&Z WANTED TO TAKE OUT THIS LIMITATION FOR 5,000 SQUARE FEET ON FREESTANDING BUILDINGS. WE THINK THERE ARE OTHER PRACTICAL THINGS IN THE ZONING DISTRICT THAT MAKE IT OKAY. YOU'RE REQUIRED TO HAVE PEDESTRIAN-FRIENDLY STREETS, PARKING IN FRONT OF THE BUILDINGS, YOU DON'T HAVE DRIVE-UP WINDOWS, SO I THINK THAT FLEXIBILITY IS FINE. IT'S GOT A LOT OF COMPREHENSIVE PLAN CONFORMANCE, AS YOU CAN SEE ON THE SCREEN, AND WE'VE HAD NO FEEDBACK ON THIS. EITHER AT P&Z, WE DID HAVE A COUPLE OF SPEAKERS; HOWEVER, SO IF YOU NOTICE ON THE FOLLOW-UP MEMO THAT THERE WAS COMMENT FROM A COUPLE OF INDIVIDUALS AT P&Z, BUT P&Z DID RECOMMEND APPROVAL 7-0, AND WITH THAT I'M AVAILABLE FOR QUESTIONS. THE SPEAKERS AT P&Z WERE BOTH IN SUPPORT SO... >> Mayor Muns: OKAY. >> AVAILABLE FOR QUESTIONS YOU MIGHT HAVE. >> Mayor Muns: THANK YOU. MAYOR PRO TEM? >> Prince: CAN YOU GBACK TO THE SLIDEHERE YOU SHOWED THE REQUIREMENTS FOR THE DIFFERENT HOUSING TYPES. I THINK YOU SHOWED IT TWICE. >> SURE. >> Prince: YES. >> IT'S THAT ONE BUT -- >> Prince: YEAH. CAN YOU CLARIFY FOR ME, BECAUSE THE WAY I'M READING THIS, IT SAYS MINIMUM HOUSING TYPES REQUIRED THREE, IF YOU HAVE OVER 100 UNITS. SO ARE WE SAYING IF SOMEBODY HAD OVER A HUNDRED UNITS, WE'RE GOING TO REQUIRE THEM TO HAVE ONE FROM EVERY TIER? >> IT MEANS THEY DON'T HAVE TO HAVE ONE FROM EVERY TIER, IT JUST MEANS OF THE EIGHT HOUSING TYPES, THEY HAVE TO HAVE THREE. THEY COULD HAVE ALL FROM TIER ONE IF THEY WANTED TO. >> Prince: BUT THEY HAVE TO HAVE THREE DISTINCT HOUSING TYPES. SO WHAT IS THE PURPOSE IN REQUIRING THEM TO HAVE THREE DIFFERENT, JUST TO HELP INCREASE OUR DIVERSITY OF HOUSING TYPES? >> CORRECT. >AND TO MAKE THE NEIGHBORHOOD NOT LOOK SUPER COOKIE CUTTER. >> Prince: OKAY. >> Mayor Muns: ALL RIGHT. THANK YOU. >> THANK YOU. >> Mayor Muns: I'LL OPEN THE PUBLIC HEARING. >> THERE ARE NO SPEAKERS ON THIS ITEM. >> Mayor Muns: I'LL CLOSE THE PUBLIC HEARING, CONFINE THE COMMENTS TO THE COUNCIL. >> Grady: MOTION TO APPROVE. >> Ricciardelli: I'M SECOND. >> Mayor Muns: I HAVE A MOTION AND A SECOND TO APPROVE ITEM NUMBER 3. PLEASE VOTE. MOTION PASSES 8-0. THANK YOU. THERE BEING NO FURTHER BUSINESS, WE'RE ADJOURNED.