Plano City Council Meeting- January 9, 2023

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>> Mayor Muns:... ALL COUNCILMEMBERS ARE PRESENT. THE FIRST ITEM ON THE PRELIMINARY AGENDA IS CONSIDERATION AND ACTION RESULTING FROM THE EXECUTIVE SESSION. WE HAVE PERSONNEL APPOINTMENTS, BOARD OF ADJUSTMENTS. >> MR. MAYOR, COUNCILMEMBER RICCIARDELLI AND MYSELF HAVE NOT HAD AN OPPORTUNITY TO DISCUSS THIS POSITION AND REQUEST THAT IT BE TABLED TO THE JANUARY 23RD MEETING. >> Ricciardelli: I WILL SECOND THAT MOTION TO TABLE. >> Mayor Muns: ALL IN FAVOR TO TABLE. PLEASE RAISE YOUR HAND. THANK YOU. MOTION PASSES. PLANNING AND ZONING INTERIM MEMBER. >> MR. MAYOR, MAYOR PRO TEM AND I HAVE DISCUSSED THIS ITEM AND HAVE DECIDED TO BRING FORWARD THE NAME OF BILL LYE. >> SECOND. >> Mayor Muns: ALL RIGHT, I HAVE A MOTION AND A SECOND TO APPOINT BILL LYLE TO THE PLANNING AND ZONING COMMISSION INTERIM MEMBER. ALL IN FAVOR. MOTION PASSES 8-0. THANK YOU. >> ITEM 2, DISCUSSION AND DIRECTION OF REGARDING THE PROJECT LIST FOR DART FUNDING ALLOCATION. >> MAYOR AND COUNCIL, AS YOU'RE AWARE, DART IS RETURNING FUNDS TO CITIES, MEMBER CITIES, ON THE BASIS OF SALES TAX FOR THE CITY OF PLANO AND IN OTHER CASES FOR OTHER CITIES, BOTH SALES TAX AND POPULATION-BASED FUNDS THROUGH THE REGIONAL TRANSPORTATION COMMISSION. SO IN LOOKING AT THE INTERLOCAL AGREEMENT THAT DART HAS PROPOSED FOR THE CITY, THEY HAVE SOME CONSTRAINTS ON WHAT THEY WOULD LIKE THE FUNDS TO BE USED FOR. IN TAKING THOSE -- IN TAKING THAT GUIDANCE, WE HAVE ACTUALLY WORKED WITH STAFF TO DEVELOP A LIST, AND MR. CARR IS THE TIP OF THE SPEAR FOR US IN DISCUSSING THOSE PROJECTS WITH DART. WE WANTED TO BRING THOSE FORWARD TO YOU TONIGHT TO GET SOME GENERAL DIRECTION FROM Y'ALL SO THAT WE COULD BRING THAT PROJECT LIST BACK SIMULTANEOUSLY WITH THAT INTERLOCAL AGREEMENT, AND GET THOSE PASSED AT THE SAME TIME FROM THE CITY COUNCIL, SO WITH THAT, I'LL KICK IT OVER TO MR. CARR. >> CARR: THANK YOU FOR THAT INTRODUCTION, MR. ISRAELSON. AGAIN, WE'RE TALKING ABOUT THE DART FUNDING ALLOCATION THAT MR. ISRAELSON JUST IDENTIFIED. TAKING US BACK JUST A LITTLE BIT TO TALK ABOUT WHERE DOES DART GET THEIR FUNDS? THEIR FUNDS PRIMARILY COME FR THE ONE CENT SALES TAX FROM EACH ONE OF THE INDIVIDUAL CITIES. COVID HAD AN IMPACT ON THEIR REVENUE, AND IT TALKED ABOUT THE REDUCTION OF THE NUMBER OF RIDERS, SO THEY DIDN'T HAVE THE FARES, AND THEY ALSO HAD AN INCREASE IN EXPENSES ASSOCIATED WITH THE PPE, THE MASK, AND EVERYTHING ELSE THAT WE HAD TO DO, THEY HAD TO DO IT AS WELL. THEY ALSO HAD CLEANING SUPPLIES, AND BECAUSE OF THOSE ADDITIONAL EXPENSES, AND THE LOSS OF REVENUE, THE FEDERAL GOVERNMENT PROVIDED FINANCIAL ASSISTANCE. AND AT THE END OF THAT PROGRAM, THEY LOOKED AT WHAT THEY HAD, AS FAR AS FINANCES, AND THEY REALIZE THEY HAD UNSPENT SALES TAX, AND THEY DETERMINED THAT WAS A SIGNIFICANT AMOUNT, AND DETERMINED THAT THAT WOULD BE DISTRIBUTED BACK TO THE CITIES AS MR. ISRAELSON HAS ALREADY TALKED ABOUT. SO THEY HAVE INTERLOCAL AGREEMENT. IT'S FAIRLY RESTRICTIVE AS DESCRIBED, AND IT GIVES THE PARAMETERS OF WHAT TO DO. THIS MEETING TONIGHT, WHAT WE'RE TALKING ABOUT IS THE ACTUAL LIST OF WHAT WE'RE GOING TO PROPOSE TO ASK FOR. SO THE AMOUNT OF THE SALES TAX THAT WAS UNSPENT IS COMING BACK TO PLANO, 28 MILLION, TRANSPORTATION PROJECTS, IT'S BOUND BY THE TRANSPORTATION -- THE TEXAS TRANSPORTATION CODE IS THE MECHANISM THAT THEY USE TO COLLECT THE TAX, AND IT'S THE SAME MECHANISM THAT THEY HAVE TO USE TO SPEND THE MONEY, SO WE'RE BOUND BY THE SAME PARAMETERS THAT THEY'RE BOUND BY THROUGH THE TEXAS TRANSPORTATION CODE. SO THE PROJECTS MUST MEET THOS ILA PARAMETERS. AND WHAT WE'RE GOING TO DO IS SUBMIT PROJECTS TO DART AND LET THEM DETERMINE THE ELIGIBILITY, SO THEY'RE VERY SPECIFIC ABOUT WHAT'S ELIGIBLE AND WHAT'S NOT. WE'RE GOING TO PROBABLY TEST THE EDGES ON THAT, AND SEE IF WE CAN GET A LOT OF THESE THAT LOOK LIKE THEY'RE RIGHT ON THE EDGE, AND WE'LL GET THOSE EVALUATED AND DETERMINE THAT ELIGIBILITY. SO EACH ONE OF THOSE PROJECTS THAT WE'RE TALKING ABOUT, THE REIMBURSEMENT, AT THE END OF THAT, HAS TO BE REQUESTED BEFORE APRI30th 2026. SOUNDS LIKE A LONG TIME FROM NOW, BUT THERE'S SO MANY DIFFERENT STEPS IN THE PROCESS THAT IT'S GOING TO BE MAYBE DIFFICULT TO MEET THAT WITH SOME OF OUR PROJECTS, IF WE HAVE EASEMENTS TO ACQUIRE, AND, YOU KNOW, THERE'S DIFFERENT PARAMETERS WORKING WITH CIP, YOU'VE SEEN SOME PROJECTS THAT TAKE A LONG TIME. THERE'S OTHER DATES IN THAT WE HAVE TO COMPLETE. ALL OF THE PROJECT SUBMITTALS, THE REQUEST FOR THE PROJECTS A YEAR FOR NOW, SO IT WOULD BE JANUARY 31 OF '24, WE HAVE TO AWARD THE PROJECTS IN FEBRUARY OF T FOLLOWING YEAR, SO FEBRUARY 28th OF '25. WE HAVE TO HAVE SUBSTANTIAL COMPLETION FOR THE PROJECTS IN JANUARY OF THE FOLLOWING YEAR, '26, AND THEN REQUEST THOSE FUNDS AS I'VE JUST STATED BY APRIL 30th OF '26. SO ALL OF THAT IS GOING TO BE ROLLED INTO AN ILA THAT YOU WILL SEE AT A LATER MEETING. WE'RE NOT TALKING ABOUT THAT RIGHT NOW TONIGHT EXCEPT FOR A LIST OF PROJECTS THAT WE'RE GOING TO DRAFT AND PUT INTO THAT INITIAL ILA. NOW, THE PROJECT LIST CAN CHANGE OVER THAT NEXT 12 MONTHS REMEER, I JUST SAID THAT THE PROJECT LIST HAS TO BE SUBMITTED BY JANUARY 31ST OF NEXT YEAR. SO WE'VE GOT 12 MONTHS TO ACTUALLY MASSAGE THAT LIST, TO ADD, DELETE, WHATEVER. BUT WHAT WE WANT TO DO IS TAKE A LOOK AT THE LIST OF PROJECTS AND SEE IF WE CAN GET A CONCURRENCE OR SOME DIRECTION ON THAT, AS FAR AS THESE PROJECTS LOOK GOOD. THESE ARE THE MOST IMPORTANT PROJECTS, AND ONCE WE GET THAT ILA APPROVED, WE'LL KNOW THAT WE WANT TO GET STARTED QUICKLY ON THE HIGHEST PRIORITY PROJECTS. AND LET ME TAKE A LITTLE BIT OF TIME AND GO THROUGH THIS LI OF PROJECTS. THE FIRST ONE IS THE PUBLIC WORKS COMPLEX, AT THE INTERSECTION OF COMMERCE AND PLANO PARKWAY. THAT'S WHERE THE PUBLIC WORKS TEAM OPERATES OUT OF, AND WE ARE AN AGING CITY, AND BECAUSE OF THAT, THE PUBLIC WORKS TEAM IS A GROWING ENTITY, THEY HAVE TO HAVE MORE AND MORE PEOPLE AND EQUIPMENT TO MAINTAIN OUR AGING INFRASTRUCTURE. AND WITH THAT, WE HAVE A MASTER PLAN THAT IS UNDERWAY RIGHT NOW TO EVALUATE WHAT WE NEED NOW AND WHAT WE'LL NEED INTO THE FUTURE, AND WE'VE EVALUATED TO THE POINT THAT WE KNOW WE'RE GOING TO NEED SOME ADDITIONAL LAND. THE LAND THAT WE'RE THINKING ABOUT IS THE JACK HATCHAL TRANSIT CENTER ON THE EAST SIDE OF COMMERCE, AND WE'VE STARTED SOME PRELIMINARY, BASED ON THIS CONVERSATION WE'RE HAVING RIGHT NOW, BASED ON THAT, WE'VE STARTED CONVERSATION WITH DART TO SEE IF WE COULD ACTUALLY TAKE SOME OR ALL OF IT. I DON'T THINK WE CAN TAKE ALL OF IT, BECAUSE THEY STILL HAVE TO HAVE A PRESENCE OUT THERE WITH A -- AT LEAST A BUS STOP TO PICK UP PEOPLE AND MOVE PEOPLE AROUND SO THAT'S THE FIRST ITEM WE HAVE ON THE LIST, IF I CAN JUST MOVING THROUGH THESE, NUMBER TWO IS A PARKING GARAGE IN THE DOWNTOWN AREA, SO WHEN I FIRST LANDED IN PLANO, THE VERY FIRST CONVERSATION I HAD FROM DOWNTOWN MERCHANTS WAS PARKING. PARKING HAS ALWAYS BEEN A BIG ISSUE. AND RIGHT NOW WE'VE HAD CONVERSATIONS ABOUT A PARKING GARAGE. WE HAVE AN IDEAL LOCATION FOR IT. IT'S ADJACENT TO THE DOWNTOWN PLATFORM, AND IT TRYING TO REMEER THEOW, I'M NUMBER, IT'S 500, 600 PARKING SPACES. THIS ITEM THAT WE'RE PROPOSING IS TO ACQUIRE THE LAND. WE CAN MOVE ON WITH THE DESIGN PART OF IT, THE CONSTRUCTION PART OF IT, NEED BE, BUT RIGHT NOW, WE'RE TALKING ABOUT JUST THE LAND PURCHASE FOR THAT. NUMBER 3 IS THE ARTERIAL STREET MAINTENANCE, AND WE KNOW THAT DART AND EVERYBODY ELSE USES THE STREETS AND BECAUSE OF THE WEAR AND TEAR THAT WE HAVE ON THE STREETS, WE WANT TO MAKE SURE THAT WE KEEP THOSE STREETS IN THE BEST CONDITION POSSIBLE, AND YOU'VE SEEN MR. PENDERGRAST, DAN HAS PROVIDED INFORMATION THAT SHOWS YOU THE WEAR AND TEAR AND THE MAINTENANCE CURVE. WHEN YOU SLIDE AROUND THAT CURVE TOO FAR, YOU CAN'T BRING IT BACK. AND WHEN YOU CAN'T BINGE IT BACK, YOU HAVE TO GET YOUR JACK HAMMERS OUT AND TEAR IT UP COMPLETELY. IT'S DISRUPTIVE TO THE MOTORIST. THEY ACTUALLY HAVE TO HAVE DETOUR ROUTES, AND IT'S FAR MORE COSTLY TO ACTUALLY REMOVE AND REPLACE THAN IT IS TO DO THE STREET MAINTENANCE. WHAT WE'RE TALKING ABOUT IS THE ULTRA THIN ORLAYS, THE UNDERSEALING, THE LESS INTRUSIVE AS FAR AS TIME FRAME AND LESS INTRUSIVE TO THE TRAFFIC, AND THAT KIND OF MAINTENANCE AS OPPOSED TO TTAL RECONSTRUCTION, IT'S BENEFICIAL TO DART, BECAUSE THEY DON'T HAVE THEIR BUSES GOING AROUND FOLLOWING THOSE DETOURS FOR THE LENGTH OF THE PROJECT THAT COULD BE, YOU KNOW, OVER A YEAR TO ACTUALLY REBUILD A STREET. THE NEXT ITEM IS AN ITEM THAT COUNCILMEMBER SMITH PROVIDED TO US, THE IDEA IS FOR A SENIOR RIDES PROGRAM, LOOKING AT WHAT DART ALREADY HAVE, THEY HAVE A DART RIDES PROGRAM, IT'S FOR 65 AND OLDER PEOPLE, AND OTHERS WITH DISABILITIES THAT ARE REGISTERED QUALIFIED DISABILITIES, AND IT'S THE DART RIDES PROGRAM THAT THEY HAVE OFFERED TO THOSE RIDERS. WITH THAT, THERE'S AN EXPENSE, IT'S NOT FREE, BUT THERE'S AN EXPENSE ASSOCIATED WITH THAT, AND I THINK THE PROGRAM THAT WAS SUGGESTED IS TO SUBSIDIZE EVEN THAT, TO GET THAT DOWN TO EVEN LESSER COST, MAYBE A FREE -- FREE RIDE, THAT WILL TAKE A LOT OF WORK TO GET ROUGH THA IT'S A SMALL DOLLAR AMOUNT, AND I WANT TO REMIND EVERYBODY THAT WE HAVE TO HAVE THE PROGRAM EXPENSES COMPLETED BY APRIL 30th OF '26. SO THIS WOULD BE A SHORT-TERM PROJECT, AND EVERYTHING HAS TO BE SPENT OUT OF THAT, BY APRIL OF '26, SO IT WOULD BE JUST SMALL DOLLAR AMOUNT, AND A SHORT PERIOD OF TIME. NEXT ITEM IS THE RESIDENTIAL STREET REPAIR. YOU'VE SEEN THE PUBLIC WORKS DEPARTMENT HAVE AREA BY AREA WHERE THEY GO INTO A THROUGH AND LOOK AT ALLAY THE DEFICIENCIES, ALL THE DEFECTS, AND FIX THE STREETS, FIX THE SIDEWALK, AND WORK AT IT AREA BY AREA. THAT IS IMPORTANT FOR THEM, FOR DART, BECAUSE OF THE DART RIDES PROGRAM. THE GO LINK, AND EVEN THE PEDESTRIANS THAT ARE ACTUALLY WALKING FROM THOSE RESIDENTIAL AREAS TO GET TO THE TRANSIT STOP. NUMBER 6 IS ACTUALLY A MORE ROBUST PART OF THAT. IT'S THE SIDEWALK PROGRAM IN ITSELF, SO WE HAVE MANY LOCATIONS AROUND PLANO WHERE THE ARTERIAL, WE HE N SIDELKS. YOU CAN JUST DRIVE ALONG, YOU CAN SEE THERE'S JUST A GAP FOR, YOU KNOW, MAYBE A QUARTER MILE OR A MILE OF JUST NO SIDEWALKS, THAT COULD BE ON ARTERIAL, COULD BE ON COLLECTOR, THERE'S SOME RESIDENTIAL AREAS THAT HAVE NO SIDEWALKS AS WELL. SO THAT WOULD BE A SIDEWALK PROGRAM TO FILL IN THOSE GAPS, REPAIR THE DEFICIENCIES, THE ADA RAMPS MAY NOT BE IN COMPLIANCE WITH REGULATIONS THAT WOULD FIX THOSE, AS WELL AS THE TRIP HAZARDS, TRIP HAZARDS ARE AN IMPORTANT SUBJECT, BECAUSE WE GET A BUNCH OF COMPLAINTS. WE DO OUR BEST TO KEEP UP WITH THOSE, BUT THIS WOULD HELP US DO THAT. ITEM 7 IS THE TRAFFIC SIGNAL SYSTEM. YOU'VE HEARD PRESENTATIONS FROM MR. SHEWSKI IN TALKING ABOUT THE WORK WE'RE PROPOSING TO DO, IT GOES UP ABOVE $20 MILLION WORTH OF WORK. THIS PARTICULAR ELEMENT WOULD BE THE CABINETS AND THE CONTROLLERS, THE FIBER OPTICS WITHIN THE SYSTEM ITSELF, AND THE VIDEO DETECTION. A LOT OF TIMES WHEN YOU SEE A TRAFFIC SIGNAL JUST DOESN'T SEEM TO BE WORKING RIGHT, IT' BAUSE THE TRAFFIC SIGNAL CONTROLLER DOESN'T KNOW YOU'RE SITTING THERE. THE VIDEO DETECTOR IS ACTUALLY WHAT TELLS THE CONTROLLER, YOU HAVE TRAFFIC SITTING THERE, SO THAT WOULD HELP OUT WITH THAT. THE LAST ONE IS A REALLY SMALL PROJECT BUT IS PROBABLY ONE OF THE PROJECTS THAT FITS THE BULLS EYE OF WHAT DART IS LOOKING FOR. THIS WOULD BE A SIDEWALK CONNECTION BETWEEN THE KAY AVENUE LOFTS, IT'S UNDER CONSTRUCTION AT THE NORTHWEST CORNER OF KAY AND PARK, AND WITH THAT ADDED RESIDENTIAL AREA, THIS WOULD GIVE AIDEWALK THAT ACTUALLY CONNECTS THAT RESIDENTIAL PROJECT DIRECTLY TO THE PLATFORM AT THE PARK AND ROAD STATION. RIGHT NOW, YOU CAN GO OUT THERE AND LOOK AND YOU CAN SEE WHERE THE FENCE IS ALL BEAT DOWN FROM PEOPLE CRAWLING OVER, AND YOU CAN SEE THE PATHS WHERE PEOPLE ARE DOING IT. YOU ADD THAT MANY MORE PEOPLE LIVING THERE, AND IT WILL BE EVEN MORE IMPORTANT. THIS IS ABOUT $350,000. BUT IT'S RIGHT IN THEIR WHEEL HOUSE AS FAR AS WHAT THEY'RE LOOKING FOR. SO AT THIS POINT, I'M LOOKING FOR A CONVERSATION, DIRECTION, AND POSSIBLY CONCURRENCE WITH WHAWE HAVE WH THE UNDERSTANDING THAT THIS PROJECT LIST CAN CHANGE, BUT MOST IMPORTANT THING FOR ME IS THAT ONCE THE ILA IS APPROVED, I KNOW WHAT PROJECTS YOU GUYS WANT TO START WITH IMMEDIATELY AND MOVE QUICKLY, BECAUSE TIME IS GOING TO START TICKING ONCE THAT ILA GETS APPROVED. >> AND MR. CARR, THE TOTAL AMOUNT OF THESE 8 PROJECTS IS WELL ABOVE THE $28 MILLION -- >> DO THE MATH ON IT, IT'S EITHER 50 MILLION OR PUT THE IT'S 65 LLION -- WE'LLCTION SPEND 28 MILLION. >> CORRECT. AND WITH THAT, OUR GOAL WOULD BE TO MOVE ON SEVERAL OF THESE SIMULTANEOUSLY, CORRECT? >> YES. AND WHAT I'VE OFFERED IS CATEGORIES. WHEN WE FINALLY GET TO REQUESTING THE PROJECTS, THE ARTERIAL STREET MAINTENANCE MAY NEED TO HAVE THE NAME OF THE ARTERIAL FROM/TO THE INTERSECTION, AND GET A PRICE TAG FOR IT. THESE ARE CATEGORIES AND PROJECTS JUST BASICALLY OUR STARTING POINT OF THIS DISCUSSION. >> Mayor Muns: THANK YOU. MAYOR PRO TEM? >> MAYOR PRO TEM: NUMBER 3, THE ARTERIAL STREET MAINTENANCE, WOULD THAT INCLUDE PARK BOULEVARD OR NOT, BECAUSE THAT'S GOING TO BE MORE OF A LARGER REBUILD THAN JUST STREET MAINTENANCE. >> SO THE ARTERIAL STREET MAINTENANCE IS THE -- THE ULTRA THIN OVERLAY, THE ASPHALT OVERLAY THAT YOU SEE. THE UNDERSEALING THAT YOU REALLY DON'T KNOW HAPPENED, BUT IT'S A SEALING FROM THE BOTTOM. >> MAYOR PRO TEM: RIGHT. >> IT WOULD BE ANY ONE OF THE ARTERIALS IN A SYSTEMATIC PROCESS, PRIORITIZE IT AND WORK THROUGH IT. I THINK THE EASY ANSWER TO YOUR QUESTION IS YES. >> MAYOR PRO TEM: SO WE WOULD BE ABLE TO GET PARK DONE IN TIME? >> SO PARK BOULEVARD IS ON OUR LIST, AND IT'S BEEN MOVED UP IN OUR PRIORITY LIST, WITH MR. -- I'M LOOKING UP AT DAN REAL QUICK. MR. PENDERGRAST, AND SO THAT IS ON OUR LIST WITHIN THE NEXT -- >> THE QUESTION IS THE RECONSTRUCTION AS OPPOSED TO THE OVERLAY, AND MR. ISRAELSON IS JUST EXACTLY RIGHT, THAT WE'RE MAKING A MODIFICATION, IT'S MAKING A CALL TO NOT DO THAT PROJECT AND MOVE THE FUNDS TO A DIFFERENT LOCATION. IT WOULD BE HARD PRESSED TO GET THAT PROJECT DONE IN TIME FOR THIS. BECAUSE IT WOULD HAVE TO BE DONE INCOMPLETE AND INVOICES BY APRIL OF 2026. >> SO THERE MAY BE THE POSSIBILITY TO DO THE SLAB REPAIR BUT NOT THE OVERLAY NECESSNECESSARILY, WE MAY HAVE O BREAK THAT OUT INTO PIECES, THERE ARE SEGMENTS WE MAY BE ABLE TO GET DONE IN THAT TIME FRAME. >> MAYOR PRO TEM: AND THE REASON WE WOULDN'T PUT A PROJECT LIKE THE PARK BOULEVARD SLAB REPAIR IN THIS IS BECAUSE OF THE COST OR BECAUSE YOU DON'T THINK THAT IT'GOING TO BE CONSIDERED BY THEM? >> SO IF I CAN OFFER A SUGGESTION, I THINK MR. ISRAELSON ASKED THE QUESTION HOW MUCH DOES THIS REPRESENT. IT'S 50 OR 65 MILLION DEPENDING ON HOW YOU SLICE IT. SO THE QUESTION IS THIS IS ACTUALLY GOING TO BE MONEY THAT WE WOULD USE THAT WOULD DISPLACE THAT PROJECT AND NOT HAVE TO USE IT. THAT WOULD STILL GIVE US THE OPPORTUNITY WITH THOSE FUNDS THAT ARE DISPLACED TO DO THE PROJECTS THAT YOU'RE TALKING ABOUT. SO IT'S NOT LIKE WE WOULDN'T DO THE OTHER PROJECTS. IF IT'S NOT ON THE LIST, IT'S NOT SAYING IT WON'T GET DONE. IT WL GET DONE ANYWAY. >> MAYOR PRO TEM: I REALIZE THAT. I'M JUST SAYING THERE'S OTHER THINGS ON THIS LIST THAT I THINK WOULD NOT BE AS MUCH OF A PRIORITY AS GETTING PARK DO DONE, I SEE WHAT YOU'RE SAYING, THERE ARE ALREADY FUNDS ALLOCATED SOMEWHERE ELSE FOR PARK BOULEVARD. IN MY MIND RATHER THAN ADDING IN SOMETHING LIKE LAND FOR PUBLIC WORKS OR A PARKING GARAGE, IT WOULD MAKE MORE SENSE TO OFFSET AN EXPENSIVE PROJECT FOR PARK BOULEVARD THAN ADDING IN SOME OF THOSE THEY'RE FUNDS. >> PARK BOULEVARD ON OUR ST, IT'S BEEN MOVED UP IN OUR PRIORITY OVER THE LAST SIX MONTHS. WE ALWAYS TRY TO STAGGER THE NUMBER OF ROADS THAT WE HAVE UNDER CONSTRUCTION AT ANY POINT IN TIME. PART OF THE CHALLENGE WE HAD FOR PARK BOULEVARD IS OUR PLANS FOR PARKER ROAD, CURRENTLY UNDER CONSTRUCTION WITH BOTH THE SLAB REPLACEMENT AND THEN WE'RE GOING TO BE DOING THE OVERLAY. AND THERE'S A SECTION OF PARKER ROAD BETWEEN CUSTER AND ROUND ROCK THAT WE WERE TALKING ABOUT COMPLETE REPLACEMENT. THAT HAS BEEN REASSESSED AND REEVALUATED WE'VE DETERMINED THAT WE CAN ACTUALLY DO THE SLAB MAINTENANCE AND THE OVERLAY IN THAT AREA AS WELL, RATHER THAN DOING THE COMPLETE -- COMPLETE REPAIR. BUT WE TRY NOT S THAT ARE RUNNING PARALLEL TO ANOTHER, BOTH UNDER CONSTRUCTION AT THE SAME TIME, BECAUSE OF THE TRAFFIC DISRUPTION, SO WE'RE -- THE SHORT ANSWER IS WE'RE TRYING TO WAIT FOR PARKER ROAD TO BE DONE, AS SOON AS IT'S DONE, WE CAN START ON PARK, IT'S IN OUR QUEUE TO GET GOING. WE HAVE TO LET PARKING GET DONE SO WE DON'T HAVE PARALLEL ROADS BOTH UNDER CONSTRUCTION AT THE SAME TIME BECAUSE IT'S DISRUPTIVE TO TRAFFIC. IT'S ON OUR LIST TO GET DONE, THESE FUNDS WOULD BE ABLE TO BE USED FOR THAT, BECAUSE WE'RE WAITING ON PARKER ROAD, IT MAY NOT BE DONE IN THAT SAME TIME FRAME TO FULFILL THAT. >> OKAY. MY SECOND QUESTION WAS ON THE TRAFFIC SIGNAL SYSTEM. YOU MENTIONED THE CABINET, THE FIBER OPTICS, I KNOW WE'VE BEEN WORKING FOR A LONG TIME TO TRY TO GET TO SOME OF THAT SMARTER TECHNOLOGY THAT ALLOWS THE SIGNALS TO ADAPT, BUT WE NEEDED SOME OTHER TECHNOLOGY TO GET TO THAT. WHERE WOULD WE BE -- WHERE ARE WE IN THAT IN TRYING TO GET TOWARD THAT, AND COULD SOME OF THIS MONEY BE USED TO TRY TO GET US QUICKER >> THE LIST OF ELEMENTS THAT I GAVE YOU ADDS UP TO ABOUT $6 MILLION OUT OF THAT $20 MILLION, THAT'S IN THE WORKS TOO. SO THAT DOESN'T GET PULLED OFF THE LIST, BECAUSE THIS GETS MOVED UP. WE'RE WORKING ON IT SIMULTANEOUSLY. >> OKAY. SO PART OF THAT 20 MILLION YOU MENTIONED IS THAT ADDITIONAL TECHNOLOGY WE NEED TO FULFILL THAT GOAL? >> YES. ALL OF THAT. >> Mayor Muns: ANTHONY? >> Ricciardelli: THANK YOU MAYOR. THANK YOU, JACK, FOR THAT GREAT PRESENTATION. I THINK THIS -- THIS IS MOSTLY A GREAT LIST . A COUPLE OF POINTS I WOULD RAISE, YOU KNOW, WHETHER IT'S PARK BOULEVARD OR ANOTHER URGENTLY NEEDED ARTERIAL MAINTENANCE PROJECT, I WOULD CONCUR WITH THE MAYOR PRO TEM, YOU KNOW, MOVING UP THE STREET MAINTENANCE PROJECTS, YOU KNOW, ABOVE ACQUIRING LAND OR, YOU KNOW, BUILDING NEW CONNECTIONS, THINGS OF THAT NATURE WOULD MAKE SENSE. I WOULD ALSO OFFER THAT I THINK NUMBER 2, THE DOWNTOWN PARKING GARAGE, AND NUMBER 8, THE PARKER ROAD STATION CONNECTION ARE ELIGIBLE FOR TIRZ FUNDING. I COULD BE MISTAKEN ABOUT THAT, YOU KNOW, I DON'T KNOW WHAT THE BALANCE CURRENTLY IS IN THE TIRZ, BUT I KNOW THIS IS ESSENTIALLY A REIMBURSEMENT OF CITYWIDE SALES TAX COLLECTION, SO GIVEN THAT WE HAVE A TIRZ AND THAT, YOU KNOW, THAT INCREMENT IS NOT GOING INTO THE GEERAL FUND, YOU KNOW, TO BE SHARED THROUGHOUT THE CITY, WE HAVE, YOU KNOW, A DEDICATED REVENUE STREAM FOR PROJECTS LIKE THAT IN DOWNTOWN. I PERSONALLY WOULD FAVOR USING TIRZ FUNDING FOR NUMBERS 2 AND 8, THE PARKING GARAGE, AND THE PARKER ROAD STATION CONNECTION, AND FOCUSING ON THESE OTHER PROJECTS, AND ALSO, I'D LOVE TO SEE US ADD TO THIS LIST. I NOTED IN THE -- THE MEMO ABOUT THE DART ILA THAT -- THAT MEDICAL TRANSPORTATION SERVICES ARE ELIGIBLE, AND I KNOW THAT SOMETHING WE'VE DONE WITH EITHER CARES ACT OR ARPA FUNDING OR BOTH WAS TO REIMBURSE PUBLIC SAFETY SALARIES, AND OBVIOUSLY, YOU KNOW, WE DO MEDICAL TRANSPORTATION SERVICES THROUGH PLANO FIRE RESCUE, AND THAT LEADS TO SALARIES FOR FIREFIGHTERS AND PARAMEDICS. IT LEADS TO EQUIPMENT. IT LEADS TO APPARATUS, YOU KNOW, LIKE AMBULCES, AND, YOU KNOW, EVEN -- EVEN THE TRUCKS AND ENGINES, YOU KNOW, WE SEE THEM RESPONDING TO MEDICAL EMERGENCY, I'D LOVE TO SEE US ADD A CATEGORY IN FOR EMERGENCY MEDICAL SERVICES, AND TRANSPORTATION SERVICES TO SEE IF WE COULD DEFRAY SOME OF THOSE EXPENSES, AND IN GENERAL, YOU KNOW, AS I'VE ARTICULATED BEFORE, I KNOW CITY MANAGER ISRAELSON AND I HAVE TALKED ABOUT THIS, I WOULD LOVE TO SEE THIS DONE IN A WAY, AND I THINK THIS IS THE INTENT OF WHAT YOU JUST TALKED ABOUT, BUT I WOULD LOVE TO SEE THIS DONE IN A WAY WHERE WE ARE DEFRAYING THE EXPENSE OF THINGS THAT WOULD HAVE BEEN DONE THROUGH EXISTING BOND AUTHORITIES SO WE DON'T HAVE TO ISSUE THOSE BONDS AND, YOU KNOW, MAYBE THEY CAN BE, YOU KNOW, THAT AUTHORITY CAN BE HELD OVER, AND I'M HOPING THE 2025 BOND PACKAGE WILL BE SMALLER THAN IT OTHERWISE WOULD HAVE BEEN AS A RESULT OF BEING ABLE TO DO SOME PROJECT THAT WOULD HAVE BEEN BOND FUNDED WITH THESE DART FUNDS INSTEAD, THEREBY DECREASE THE FUTURE PROPERTY TAX BURDEN FOR RESIDENTS OF PLANO. ANYWAY, WITH THAT, I APPRECIATE IT. I THINK IT'S A GREAT LIST. I WOULD MAKE THOSE MODIFICATIONS OF TAKING 2 AND 8 OFF, AND ADDING IN EMS, THE CATEGORY OF MEDICAL TRANSPORTATION SERVICES IN GENERAL, BUT I APPRECIATE THE GREAT LIST. >> SO IN RESPONSE TO THAT, THE 2 AND 8 GOING TO TIRZ WILL SURELY EVALUATE THAT. ONE OF THE THINGS I NEED TO DO IS MAKE SURE THAT THE CONCEPT OF THE TEXAS TRANSPORTATION CODE, THE PARAMETERS THAT THEY HAVE TO SPEND THEIR TAX DOLLARS, AND THEY'VE GIVEN US THAT REAL TIGHT ILA, AND THE TERMS THEY USE IS PUBLIC TRANSPORTATION SERVICES. AND COMPLIMENTARY TRANSPORTATION SERVICES. SO I NEED TO CHE TO SEE HOW FAR -- IF WE'RE STILL INSIDE THE ELIGIBILITY CIRCLE ON WHAT YOU'RE TALKING ABOUT, WE WILL ASK AND WE WILL PUSH AS HARD AS WE CAN TO DO THAT. >> >> Ricciardelli: THANK YOU, OBVIOUSLY, IF THEY SAY NO, I SAW THERE'S A BULLET POINT FOR MEDICAL TRANSPORTATION SERVICES, THAT IS SOMETHING THE CITY DOES, TO PRESERVE OUR FLEXIBILITY, WE COULD INCLUDE THAT AS WELL IF EVERYBODY IS IN CONCURRENCE WITH DOING THAT. >> COUNCILMEMBER HOLMER? >> Holmer: THANK YOU, MAYOR. PIGGY BACKING ON WHAT ANTHONY, OR EXCUSE ME, COUNCILMEMBER RICCIARDELLI SAID, IF YOU OUT 2 AND 8, WHAT WOULD THE BUDGET LOOK LIKE FOR THOSE OTHER PROJECTS? >> SO 2 IS ABOUT A LITTLE OVER $2 MILLION, AND 8 WAS 350,000. >> OKAY. >> SO IT'S -- >> Holmer: AS SOMEONE WHO EXPRESSED INTEREST IN ADDITIONAL PARKING DOWNTOWN IN THE PAST, I'D LIKE TO REVISIT MY THINKING ON THAT, AS A FORMER MERCHANT DOWN THERE, I KNOW WE STRUGGLED WITH IT, REALLY THE STRUGGLE WITH PARKING ISN'T THE LACK OF PARKING, IT'S THE LACK OF AWARENESS AS TO WHERE THE PARKING IS, AND SO, YOU KNOW, THAT BEING SAID, I HAD AN APPOINTMENT DOWN HERE, AND THERE'S PLENTY OF PARKING AT CITY HALL, WHEN I CAME DOWN, DIDN'T HAVE ANY TROUBLE ESPECIALLY NIGHTS AND WEEKENDS. I'M A LITTLE CONCERNED ABOUT A FEW DIFFERENT THINGS ABOUT THAT PARKING GARAGE. FIRST IT'S JUST A PRIME LOCATION. I THINK THERE'S OTHER THINGS THAT MIGHT SERVE US BETTER THERE. I'M CONCERNED ABOUT ISSUES THAT MIGHT ARISE FROM THE CITY BEING RESPONSIBLE FOR A PARKING GARAGE. I'M ALSO WORRIED ABOUT POTENTIAL USE OF THE PARKING GARAGE FOR TRANSIENT THE, AND IT MAY BEE SEPIN INCREASING POTENTIAL CRIME IN DOWNTOWN, SO I JUST WANTED TO EXPRESS THAT, THAT I KNOW I WAS ONE OF PROBABLY THE BIGGEST PROPONENTS OF WE WANT MORE PARKING DOWNTOWN, REALLY I BELIEVE WE DO HAVE A LOT OF PARKING. I THINK WE JUST NEED TO DO A BETTER JOB EDUCATING PEOPLE AS TO WHERE IT IS. SO I WANTED TO BE ON THE RECORD SAYING I DON'T NECESSARILY THINK THAT'S THE BEST USE RIGHT NOW. THANK YOU. >> Mayor Muns: DEPUTY MAYOR? >> DEPUTY MAYOR: SO JACK, LET ME JUST IN MY HEAD SUMMARIZE, SO THIS MONEY THAT'S COMING BACK FROM DART, THIS $28 MILLION, THAT IS COMING BACK TO US, IT'S REALLY OUR SALES TAX DOLLARS THAT IS OVERFLOW AND THEY REIMBURSE IT BACK TO US? IN ESSENCE? >> YEAH. IT'S ACTUALLY SALES OCCURRED IN PLANO, THE MONEY WENT DIRECTLY TO AUSTIN, AND THEN DIRECTLY TO DART, WITHOUT PASSING THROUGH US, BUT, YES -- >> DEPUTY MAYOR: THAT ONE CENT -- OUR ONE CENT OF SALES TAX THAT WENT TO THE STATE WENT TO DART, AND THEN NOW DART SAYS WE'RE GIVING IT BACK TO YOU? >> THANK YOU FOR UNSPENT SALES TAX, YES. >> SO BASICALLY -- INDIRECTLY THAT IS OUR ONE CENT SALES TAX THAT WE'RE GETTING BACK, BUT AT THIS POINT, DART IS SAYING YOU CAN HAVE IT BACK, BUT HAVE YOU TO SPEND IT ON THESE SPECIFIC ITEMS, AND WE HAVE VERY STRICT RULES ABOUT WHAT YOU CAN AND CANNOT SPEND IT ON, IS THAT RIGHT? >> THAT'S PRETTY CLOSE. >> DEPUTY MAYOR: SO THESE PROJECTS, THESE EIGHT PROJECTS BASICALLY IS -- IS PUT TOGETHER BASED ON THE CRITERT FORTH BY DART, AM I RIGHT ABOUT THAT? >> THAT IS CORRECT. AGAIN, THEY'RE FOLLOWING THE TEXAS TRANSPORTATION CODE, AND THE PARAMETERS THAT THEY HAVE TO ABIDE BY, BUT THEY'RE ACTUALLY EMBEDDING THAT INTO THE INTERLOCAL AGREEMENT THAT TIES OUR HANDS. >> DEPUTY MAYOR: OKAY. SO AT THIS POINT, THERE IS NO PRIORITY, YOU LISTED EIGHT PROJECTS, BUT THERE'S NO PRIORITY AT THIS TIME WITH REGARD TO WHAT WE WANT FIRST RIGHT? >> THAT'S CORRECT. I'M HEARING SOME DISCUSSION ABOUT PROJECTS THAT NEED TO MO DOWN OR FIND A DIFFERENT FUNDING SOURCE. >> DEPUTY MAYOR: SO BUT EVEN IF WE WANT CERTAIN PRIORITY, IT STILL HAS TO GO TO DART FOR APPROVAL? >> OH, YES. THIS IS GOING TO BE AN ITERATIVE PROCESS. ME BRINGING IT TO YOU, TALKING TO DART, THEY SAY YES OR NO, AND BRINGING IT BACK, PUTTING IT IN ILA, AND THEN 12 MONTHS OF POSSIBLY OTHER PROJECTS OR CHANGES, YES. >> SO THAT MEANS EVEN IF WE WANT THIS TO BE THE NUMBER ONE TOP PRIORITY, LET'S SAY, YOU KNOW, GETTING THE ROADS DONE ON PARK, AND WE SUBMIT THAT TO DART, AND WE SAY THIS IS WHAT WE REALLY, REALLY, REALLY WANT, THEY COULD STILL SAY NO? >> THEY HAVE -- THEY'RE IN CONTROL. MARK, HELP ME OUT. >> WE COULD SEND YOU TO THAT MEETING. >> DEPUTY MAYOR: YEAH, SEND ME TO THE MEET. >> Grady: THE ILA IS HEAVILY SLANTED TOWARD DART APPROVAL, THEY ARE TRYING TO FIND WAYS WITH CITY TO MAKE SURE THAT TRANSPORTATION-RELATED PROJECTS ARE BEING APPROVED. >> NEGOTIATION OCCURRING BEHIND THE SCENES SO -- >> DEPUTY MAYOR: I'M QUITE CONCERNED WHEN WE'RE USING OUR OWN DOLLARS WE'RE BEING TOLD WE HAVE TO GO BY THEIR PRIORITIES RATHER THAN OUR PRIORITIES, I UNDERSTAND THE CITY STAFF IS DOING THE BEST WE CAN IN TRYING TO ADVOCATE FOR OUR INTERESTS; HOWEVER, I ALSO BELIEVE THAT, YOU KNOW, AFTER PROBABLY SURVEYING THE COUNCILMEMBERS PUTTING TOGETHER A PRIORITY LIST AND REALLY EMPHASIZE THOSE ONES THAT WE BELIEVE SHOULD GO FIRST IS THE MOST -- THE BEST WAY TO USE OUR FUNDS. OUR FUNDS, REALLY. THANK YOU. >> COUNCILMEMBER SMITH? >> THANK YOU, MAYOR. IN TERMS OF NARROWING THINGS DOWN, THERE'S FOUR HERE THAT I WOULD LIKE DIRECTED. I THINK BECAUSE OF THE TIMEFRAME, THAT SOME OF THEM WOULD BE DONE WITH THEN AND THE DOLLAR AMOUNT. SO 3, 4, 7, AND 8 WOULD BE THE ONES THAT I WOULD SUGGEST. THE TRAFFIC SIGNAL, EXTREMELY IMPORTANT TO ME. THERE'S NOTHING THAT JAMS THE CITY UP MORE THAN NOT HAVING TRAFFIC SIGNALS. PUT THE WHOLE SPRING CREEK H-E-B LIGHTING SYSTEM UP THERE. I WAS WORRIED ABOUT THAT. YOU GUYS PULLED IT OFF. IT'S FLAWLESS AND WORKS GREAT. WE WANT TO CONTINUE DOWN THAT TRACK. I KNOW I GET COMMENTS TO IMPROVE THE JUST IN TIME OR THE NEED WHERE THERE'S TRAFFIC SITTING HERE, LIGHT IS GREEN GOING THIS WAY AND NOT A PERSON IN SIGHT. BEING ABLE TO SEE THAT WITH THE IMPROVED TECHNOLOGY AND GET TRAFFIC MOVING WHERE THERE IS TRAFFIC. I THINK THAT WOULD BE A GREAT PLUS. LASTLY, I'M NOT SURE IF IT WAS CITY MANAGER OR IF IT'S YOU, BUT WE'LL GIVE BOTH OF Y'ALL CREDIT. I HAVE HAD GREAT COMMENTS ON THE NIGHTTIME ARTERIAL OVERLAY, DOING WORK AT NIGHT AND NOT SNAGGING UP TRAFFIC DURING THE DAY. BRILLIANT. >> DAN PENDERGAST. >> DAN! (APPLAUSE) >> BRILLIANT, BRILLIANT. THANKS. >> I'VE HEARD MANY GREAT THINGS ABOUT THAT TOO. >> IF POSSIBLE, I WOULD LIKE TO SEE THE PRICE TAGS FOR EACH OF THESE PROPOSALS UNLESS I MISSED SOMETHING IN E-MAIL. >> NO, WE INTENTIONALLY TALKED ABOUT THESE BEING CATEGORIES, STREET MAINTENANCE. IF THAT'S ALL YOU WANT T DO, WE COULD ACTUALLY LOAD UP. MR. PENDERGAST HAS GIVEN ME A BUDGET FOR THAT. HE SAID I COULD SPEND $30 MILLION ON THAT. IF THAT'S YOUR ONE AND ONLY, WE CAN DO THAT. >> AND THAT'S FAIR. THEN FOR THE THINGS THAT WOULD HAVE A DEFINITIVE PRICE TAG. >> YES. >> OKAY, THANK YOU. LIKE THE PARKING GARAGE, EXACTLY. >> EXACTLY. >> AND THE STATION CONNECTION. >> THANK YOU. >> COUNCILMEMBER GRADY? >> I FEEL LEFT OUT BECAUSE I DIDN'T HAVE AN OPPORTUNITY. (LAUGHTER) I'M JUST TRYING TO FOLLOW THE MOY ON THIS. I HAVE THE INFERENCE THAT IF THE SALES TAX MONEY GOES TO AUSTIN AND IS GIVEN TO DART, IT REALLY IS FOR TRANSPORTATION NEEDS. AND THAT IS WHY IT IS DEFINED AS TRANSPORTATION NEEDS RATHER THAN YOU CAN USE IT FOR ANYTHING ELSE, IF I'M CORRECT >> THAT IS 100% CORRECT. >> ALL RIGHT. SO PARKING GARAGE. I BELIEVE AT ONE TIME THERE WAS DISCUSSION OF A PARKING GARAGE BEING FUNDED BY RTC MONEY AT THE COLLICRK MALL. AND WHEN THAT DIDN'T FLOW THROUGH, IT WAS MOVED TO THE THOUGHT OF USING THE DOLLARS IN DOWNTOWN PLANO FOR A PARKING GARAGE. BUT I BELIEVE AT SOME POINT IN TIME THOSE FUNDS MAY HAVE BEEN RETURNED TO THE RTC? >> SO WE NEVER RECEIVED THE FUNDS. BUT IF I CAN GO ALL THE WAY BACK TO THE COLLIN CREEK PROJECT, THAT WAS FEDERAL MONEY. >> YES. >> FOR THAT PROJECT. THE BECAUSE IT WAS FEDERAL MONEY, IT HAD SO MANY STRINGS ATTACHED TO IT, WE COULDN'T PULL IT OFF IN TIME. IN FACT, AT ONE OF THERTC MEETINGS, YOU HEARD PARKING GARAGES THAT THEY NOW FIGURE OUT THEY DON'T USE FEDERAL MONEY. THEY USE LOCAL MONEY FOR THAT VERY REASON. BUT WE WERE THE GUINEA PIG THAT FIGURED IT OUT. >> OKAY. SO REALLY, THE THOUGHT OF A DOWNTOWN PARKING GARAGE, IF WE WERE TO DO SOMETHING OF THAT NATURE, WOULD HAVE TO COME OUT OF THESE FUNDS. THE RTC FUNDS WILL NOT BE AVAILABLE FOR THAT. >> CORRECT. >> ALL RIGHT. GOOD, THANK YOU. >> Mayor Muns: WELL, MY THOUGHTS AR ONCAGAI YOU GUYS HAVE SPENT A LOT OF TIME, AND YOU KNOW AREAS OF NEED. AND THAT'S WHY, NUMBER ONE, TWO, THREE, FOUR, FIVE THROUGH EIGHT ARE ON THERE, BECAUSE THESE ARE ALL NEEDS. THIS IS A JOURNEY. I'D LOVE TO SAY THERE'S GOING TO BE A DESTINATION ONE DAY. BUT THIS CITY WILL ALWAYS BE A JOURNEY. AND WE'LL ALWAYS HAVE NEEDS. WITH JUST THE INFRASTRUCTURE OF 200 PLUS MILLION DOLLARS, THE PUBLIC WORKS CPLEX IS NECESSARY, AND IT'S CERTAINLY INADEQUATE AT THIS POINT. SO I WOULD LIKE -- AND HOWEVER YOU GUYS WANT TO MIX THEM UP, THAT'S FINE. BUT I WOULD LIKE TO SUBMIT ALL THESE BECAUSE THEY CAME FROM YOU AND THEY CAME FROM STAFF IN THEIR DIRECTION OF WHAT THE REAL NEEDS WERE AND ALL THESE COULD BE CONSIDERED TRANSPORTATION. SO I THINK ALL THE COUNCIL HAS GIVEN GREAT IDEAS ON HOW THESE THINGS CAN BE USED. BT THE END OF THE DAY, WE'LL HAVE TO SUBMIT THEM, AND A LOT OF THESE WILL BE KNOCKED OUT. SOME OF THEM WILL. AND SO I THINK WE SHOULD REALLY OFFER THEM ALL UP ON FIRST GLANCE AND SEE WHAT COMES BACK. AND THEN BE ABLE TO JUST KIND OF DECIPHER IT FROM THAT POINT ON. >> SO MAYOR AND COUNCIL, WE ARE SEEKING DIRECTION. SO WE NEED TO MAKE SURE WE'RE CLEAR ON THIS BECAUSE IF WE SUBMIT THESE EIGHT, AGAIN, YOU'VE HEARD IT. WE HAVE SOME MORE FLEXIBILITY IN A COUPLE OF THESE THAN OTHERS, ARTERIAL STREET MAINTENANCE BEING ONE OF THOSE, THAT WE HAVE OBVIOUSLY -- WE'RE BEING VERY AGGRESSIVE WITH THE MAINTENANCE OF OUR STREETS, AND IT'S OUR INTENTION TO STAY THAT WAY FOR A WHILE UNTIL WE GET OUR ARTERIAL PROGRAM WHERE WE WANT IT TO BE. BUT THERE ARE SOME THAT HAVE LARGER PRICE TAGS THAN OTHERS. SO WE'RE FINE WITH MOVING FORWARD WITH ALL EIGHT AND INCLUDING THOSE AND TAKING THOSE TWO -- TO DART AND GETTING THE OFFICIAL THUMBS UP THAT WE CAN GO FORWARD WITH THAT. THAT WOULD REQUIRE ADDITIONAL AUTHORIZATION AND APPROPRIATION COMING BACK TO COUNCIL SAYING THESE ARE THE PROJECTS WE'D LIKE TO GET STARTED ON. BUT THAT MIGHT ALLOW US TO WORK WITH THAT TIMELINE A LITTLE MORE TO REFINE THAT TO MAKE SURE WE'RE WORKING WITH THAT. >> JACK? >> WE HAVE THE ILA THAT WILL BE COMING BACK BEFORE THIS GROUP FOR CONSIDERATION. I THINK IT WAS OUR DISCUSSION TO HAVE THESE PROJECTS LISTED. >> CORRECT. >> WITH THAT ILA. SO IT GIVES YOU ANOTHER BITE AT THIS DISCUSSION. >> Mayor Muns: COUNCILMEMBER WILLIAMS? >> I WANT TO GET CLARIFICATION. THE LIST THAT WE SUBMIT TO DART, IS THAT GETTING PRICE TAG APPROVAL OR CONCEPTUAL APPROVAL FOR THE NATURE OF THE PROJECT? SO FOR INSTANCE, IF DART SAYS, WELL, IT'S A NO GO ON THE LAND FOR THE PUBLIC WORKS COMPLEX BUT THE ARTERIAL STREET MAINTENANCE IS OKAY AND THE PARKING GARAGE IS OKAY, COULD WE, IF WE SO CHOSE, PLOW ALL THE MONEY INTO THE ARTERIAL STREET MAINTENANCE? OR ARE THEY APPROVING PRICE TAG BY PRICE TAG ITEMIZATION BEFORE THE ITEMS? >> OUR INTENT WITH THE ILA WAS TO GET CATEGORICAL APPROVAL AND THEN TO WORK THROUGH PROJECT BY PROJECT ON SPECIFIC DOLLAR AMOUNTS. SO IF COUNCIL SO CHOOSES, AND HONESTLY, IT MIGHT MAKE IT EASIER FOR US IF YOU SAY WE WANT IT ALL TO GO THROUGH ARTERIAL MAINTENANCE, BUT THERE ARE OTHER STRATEGIC DECISIONS IN FRONT OF YOU, COUNCIL, THAT WILL HAVE A CAPITAL IMPACT AT SOME POINT IN OUR FUTURE. ALL OF THESE ELEMENTS, TO SOME EXTENT, ARE GOING TO BE DECISIONS FOR TURE OR NOT-TOO-DISTANT NEAR FUTURE. THESE WILL ALL BE DECISIONS FOR COUNCIL THAT WILL HAVE A BUDGETARY OR CAPITAL IMPACT. AS FAR AS THE NUMBER OF PROJECTS WE SUBMIT, WE COULD REFINE THIS LIST DOWN TO THREE, FOUR, OR FIVE IF WE WANTED TO AND HONE IN ON THOSE DOLLAR AMOUNTS. AS IT STANDS RIGHT NOW, THESE ARE CATEGORIES WE CAN BRING BACK WITH SPECIFIC PRICE TAGS AND LET COUNCIL APPROVE THOSE ON A FORWARD-GOING BASIS. >> OKAY. I WAS TRYING TO GET A SENSE OF THE LEVEL OF FINALIZATION YOU YOU'RE ASKING ARE WE OKAY WITH THESE AS OPTIONS TO DART AND DART WILL CHECK YES, YES, NO, YES, NO. AND THEN IT'S UP TO US ON WHAT WE WANT TO MOVE FORWARD ON OUT OF THE POOL OF YESES? >> CORRECT. >> OKAY. >> Mayor Muns: COUNCILMEMBER RICCIARDELLI? >> THANK YOU. A CLARIFICATION THAT COUNCILMEMBER WILLIAMS OBTAINED, PUTTING SOMETHING ON THE LIST DOESN'T MEAN WE'RE OBLIGATED TO DO IT. WE HAVE PERMISSION. I'M OKAY SUBMITTING ALL EIGHT, SEEING WHATESES COM CK. I ARTICULATED MY SOURCES OF FUND ON 2 AND 8. THAT'S NOT LIKELY TO CHANGE BUT I'M WILLING TO KEEP AN OPEN MIND. I WOULD ENCOURAGE US, IN THE SPIRIT OF GETTING AS MANY YESES AS WE CAN, AGAIN, I SAW THAT MEDICAL TRANSPORTATION SERVICES BULLET POINT IN THE ILA MEMO. IF THERE'S A CHANCE THAT THAT COULD BE A PERMITTED USE ALSO, THAT WOULD GIVE US EVEN MORE FLEXIBILITY, YOU KNOW, AND WE CAN MAKE THAT DECISION LATER. BU ANYWAY, I WOULD ENCOURAGE US TO DO THAT. >> I THINK WE'RE FINE WITH RESEARCHING THAT. THE CHALLENGE THAT WE'VE HAD WITH THIS -- AND I'LL JUST BE CANDID -- IS TO APPLY IT TO SALARIES IS PROBABLY GOING TO BE A STRETCH FOR WHAT WE'VE HEARD INITIALLY FROM THEM. WHEN YOU TALK ABOUT TRANSPORTATION, IT'S MORE OF A CONTRACTED TRANSPORTATION SERVICE THAN A REIMBURSEMENT FOR THE PROVISION OF THAT. BUT WE'LL BE HAPPY TO RESEARCH THAT AND WE'LL DOUBLE-CHECK THAT, THAT WE'RE ON THE SAME PAGE. JACK HAS A GREAT RESOURCE FOR US AT DART TO CHECK IT OUT. >> SURE. AND IF IT DOESN'T RK, IT DOESN'T WORK. I WANTED TO MAKE SURE WE RUN IT DOWN AND . THANK YOU. >> Mayor Muns: MAYOR PRO TEM? >> MAYOR PRO TEM: I'M GOOD WITH NUMBER TWO BASED ON DISCUSSIONS WE'VE HAD IN THE PAST ABOUT THIS. I DON'T SENSE THERE'S A LOT OF SUPPORT FOR THAT AMONGST THIS COUNCIL. I COULD BE WRONG. BUT BECAUSE OF THAT, I DON'T KNOW THAT IT'S WORTH THAT ONE BECAUSE WE'RE ONLY SUBMITTING THE ACTUAL PURCHASE OF THE LAND, CORRECT? >> CORRECT. >> AND THAT COMES BACK TO US FOR THE LARGE COST OF BILLING IT AND THEN THE OPERATION AND INTENANCE OF IT, WHICH WOULD ALSO BE VERY LARGE. SO THAT'S WHY I'M REALLY NOT SUPPORTIVE OF TWO. >> IF Y'ALL WANT TO DO A QUICK HAND VOTE AS FAR AS INCLUDING OR EXCLUDING TWO, WE COULD DO THAT. THAT WILL PROVIDE US CLARITY AND WE CAN MOVE FORWARD WITH THE REST OF THE LIST. THAT MAKES NUMBER FOUR, SO I THINK WE HAVE OUR INSTRUCTIONS THAT WE'LL REMOVE ITEM NUMBER TWO. THANK YOU. >> Mayor Muns: WE'LL PULL IT OFF THE LIST FOR NOW. ALL RIGHT. THANK YOU. NEXT ITEM IS CONSENT AND REGULAR AGENDAS. ANY ITEM COUNCILMEMBER WOULD LIKE TO REMOVE? ANY ITEMS FOR FUTURE AGENDAS? >> YES, MAYOR, ONE QUICK ONE. I'D LIKE TO TAKE A LOOK AT AN OPTION, CERTAINLY NOT MANDATORY, BUT AN OPTION FOR RESIDENTS TO INCLUDE THEIR PHONE NUMBER AND E-MAIL ADDRESS WHEN THEY SUBMIT ZONING CASE FEEDBACK. THAT WAY, YOU KNOW, IF THEY WANT TO BE AVAILABLE FOR QUESTIONS FROM COUNCILMEMBERS OR P&Z MEMBERS REGARDING THE FEEDBACK THAT THEY'VE PROVIDED, WE HAVE AN EASY WAY TO GET A HOLD OF THEM. >> COUNCIL, I'D REMIND Y'ALL THAT THOSE RECORDS ARE OPEN RECORDS. THOSE ARE PUBLIC DOCUMENTS THAT WILL BE SEARCHABLE FOR VENDORS AND FOR OTHER FOLKS. SO THAT PERSONAL INFORMATION DOES BECOME PART OF THAT PUBLIC RECORD. SO WHILE WE CAN PUT IT ON THERE AS AN OPTIONAL ENTRY, IT DOES CREATE THAT ABILITY FOR PEOPLE TO BE SEARCHED AND FOUND WITH CELL PHONE NUMBERS. SO THAT MAY BE SOMETHING THAT IF OPTIAL, DOE NOT FIND MUCH USE. JUST MAKING SURE Y'ALL ARE AWARE. >> HOW ABOUT ALTERNATIVELY PROVIDING A LINK TO THE COUNCIL'S CONTACT INFORMATION FROM THE FORM? >> SURE, I THINK THAT COULD WORK. WHAT I WAS GOING TO PUT ON THE AGENDA AND MAYBE NOBODY ELSE THINKS IT'S A GOOD IDEA IN WHICH CASE IT WILL GO AWAY. I THOUGHT IT WOULD BE GOOD -- YOU KNOW, SOMETIMES YOU READ THE THREE SENTENCES OF FEEDBACK AND YOU THINK, WAIT, TELL ME MORE ABOUT THIS TRAFFIC ISSUE OR THIS, YOU KNOW, YOUR CONCERN ABOUT THE WATER DRAINAGE AND YOU WANT TO REACH OUT TO SOMEBODY AND GET THE DETAILS AND THERE'S NO WAY TO REACH OUT TO SOMEBODY BASED ON THAT ZONING FEEDBACK FORM. WHICH I GUESS WE COULD JUST SAY HEY, IF THEY WANT TO REACH OUT TO US, THEY CAN. I DON'T KNOW. PERSONALLY, I WOULD FIND IT HELPFUL TO HAVE CONTACT INFO IF PEOPLE WANT TO VOLUNTARILY PROVIDE THAT. I WANTED DISCUSSION OF THAT ON A FUTURE AGENDA. IF NOBODY WANTS TO -- >> I'D BE OKAY HAVING THE DISCUSSION BUT I THINK IT'S A VALID CONCERN. >> Mayor Muns: WE'LL HAVE THAT DISCUSSION. A RIGHT. WE'LL TAKE A 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 PEYTON COKER OF PRESTONWOOD PTIST CHURCH. >> LET'S BEGIN WI PRAYER. HEAVENLY FATHER, WE GATHER HERE TONIGHT, AND LORD, BEFORE WE MAKE DECISIONS AND CAST VOTES AND TALK THROUGH DIFFERENT THINGS IN OUR CITY, WE PAUSE TO GIVE YOU PRAISE BECAUSE YOU'RE THE ONE TRUE GOD IN HEAVEN, THE RUN WHO REIGNS, FULL OF LOVE AND SHOW US LOVE IN SO MANY WAYS BUT CHIEFLY IN YOUR SON LORD JESUS, THAT YOU SENT HIM TO DIE TO RAISE VICTORIOUSLY IN LIFE SO WE CAN HAVE LIFE AND SALVATION IN LY YOU, KING JESUS. I PRAY ANYONE WHO DOESN'T KNOW YOU WOULD KNOW YOU SOON AND VERY SOON. SPECIFICALLY, I LIFT UP THESE LEADERS, MAYOR MUNS AND THE REST OF THE COUNCIL, THAT AS THEY MAKE DECISIONS FOR OUR CITY, LORD, THAT YOU WOULD GUIDE THEM, THAT YOU WOULD GIVE THEM WISDOM AND THE KNOWLEDGE THAT IS NECESSARY TO DO WHAT YOUR WORD TELLS US TO DO, TO SEEK THE BENEFIT AND THE WELFARE OF OUR CITY. LORD JESUS, WE ASK FOR YOUR HELP IN ALL THESE THINGS, AND IT'S IN YOUR NAME WE PRAY, AMEN. >> AMEN. (PLEDGE OF ALLEGIANCE) (TEXAS PLEDGE OF ALLEGIANCE) >> Mayor Muns: HOLD ON, GUYS. I'VE GOT SOMETHING FOR YOU. THANK YOU, APPRECIATE IT SO MUCH. >> THANK YOU. >> (OFF MIC). >> Mayor Muns: DID EVERYBODY GET A PENCIL? THIS YOUNG MAN IS ALL GROWN UP. LET'S TAKE A PICTURE. WANT TO GET ONE? LET'S TAKE A PICTURE OVER HERE. RIGHT HERE IN FRONT OF THIS, AND YOU GUYS ALL STAND RIGHT HERE. OH, YOU GUYS LOOK GREAT TODAY. OKAY. ALL RIGHT. COME OVER HERE. THERE YOU GO. ALL RIGHT. WAIT, YOU COME BACK HERE WITH ME. YOU'RE TOO TALL. COME HERE. >> THAT'S NOT A BAD THING. >> Mayor Muns: YOU'RE BEHIND. ALL RIGHT. WE'RE ALL TOGETHER NOW. THANK YOU. THANKS. (APPLAUSE) >> Mayor Muns: WE'VE GOT YOUR NCILCOMING. IF YOU WANT TO STAY FOR THE WHOLE MEETING AFTER THAT, WE CAN TALK ABOUT EVERYTHING OKAY? BUT RIGHT NOW, WE HAVE TO KEEP GOING. THANK YOU GUYS FOR DOING THE PLEDGE. >> THANK YOU. >> Mayor Muns: YOU'RE WELCOME. U DI GREAT. YOU KNEW ALL THE WORDS. YOU WANT A HIGH FIVE? OKAY, THANK YOU. SO I'D LIKE TO ASK MANSOOR KARIMI TO COME DOWN TO TAKE THE OATH OF OFFICE FOR THE BOARD. AND LET ME GET THIS RIGHT. IS THIS THE BOARD OF ADJUSTMENT? YEAH OKAY. CONGRATULATIONS >> THANK YOU. >> Mayor Muns: THANK YOU. OKAY. LET ME READ YOU THE OATH OF OFFICE. THE CITY OF PLANO AND THIS COUNCIL TAKE THE OPPORTUNITY TO HEAR FROM OUR CITIZENS VERY SERIOUSLY. WRONG SCRIPT. (LAUGHTER) IT'S A REALLY GOOD SCRIPT, BUT IT'S NOT THE RIGHT ONE. (LAUGHTER) WOO! ALL RIGHT. MANSOOR, DO YOU SOLEMNLY SWEAR THAT YOU WILL FAITHFULLY EXECUTE THE DUTIES OF THE BOARD OF ADJUSTMENT OF THE CITY OF PLANO TEXAS AND WILL TO THE BEST OF YOUR ABILITY PRESERVE THE CONSTITUTION, THE LAWS OF THE UNITED STATES AND OF THIS STATE AND CHARTERS AND ORDINANCES OF THIS CITY AND FURTHERMORE SOLEMNLY SWEAR THAT YOU HAVE NOT DIRECTLY OR INDIRECTLY PAID, OFFERED, CONTRIBUTED NOR PROMISED TO CONTRIBUTE ANY NUMBER OR PUBLIC OFFICE OR EMPLOYMENT AS A REWARD TO SECURE YOUR APPOINTMENT, SO HELP YOU GOD? >> I DO. >> Mayor Muns: THANK YOU. CONGRATULATIONS. >> THANK YOU, MAYOR. (APPLAUSE) >> Mayor Muns: ALL RIGHT. WE'LL MOVE ON TO COMMENTS OF PUBLIC INTEREST. AND ONE THING I JUST WANT TO SAY ONE THING BEFORE WE GET STARTED. THIS IS WHAT I WAS SUPPOSED TO READ NOW. (LAUGHTER) SO THE CITY OF PLANO AND THE COUNCIL TAKE THE OPPORTUNITY TO HEAR FROM OUR CITIZENS VERY SERIOUSLY. WE ALWAYS WELCOME FEEDBACK ON HOW WE CAN MAKE OUR COMMUNITY BETTER. WE TAKE SERIOUSLY OUR ROLE AS THE CITY GOVERNMENT AND THE IMPORTANCE OF RESPECTING OUR CITIZENS' TIME AND TAXPAYER RESOURCE, AND WE STRIVE TO CONDUCT OURSELVES WITH EXCELLENCE AND FOCUS ON CITY BUSINESS. IN TURN, WE ASK THAT THOSE THAT COME BEFORE US PROVIDE THE SAME LEVEL OF RESPECT. THANK YOU. >> COMMENTS OF PUBLIC INTEREST. THIS PORTION OF THE MEETING IS TO ALLOW UP TO THREE MINUTES PER SPEAKER WITH THIRTY TOTAL MINUTES ON ITEMS OF INTEREST OR CONCERN AND NOT ON ITEMS THAT ARE ON THE CURRENT AGENDA. THE COUNCIL MAY NOT DISCUSS THESE ITEMS, BUT MAY RESPOND WITH FACTUAL OR POLICY INFORMATION. THE COUNCIL MAY CHOOSE TO PLACE THE ITEM ON A FUTURE AGENDA. AND I DO HAVE TWO SPEAKERS THIS EVENING. THE FIRST ONE IS SHANNON HAWKINS. >> I'D LIKE TO SAY GOOD EVENING TO EVERYONE, TO ALL OF THE CITY COUNCILMEMBERS, HAPPY NEW YEAR TO YOU ALL. I FIRST WANT TO SAY THANK YOU FOR COMING INTO OUR COMMUNITY. YOU CAME INTO OUR COMMUNITY AND ASKED THE CITIZENS TO SHOW UP AT A SCHOOL. WE ALL SHOWED UP AND WE GAVE OUR ADVICE AND SOME OF THE ISSUES THAT WE WERE HAVIN IN OUR COMMUNITY. SINCE THEN, WE HAVE NOTICED THAT THERE HAS BEEN A LOT OF HELP. THINGS HAVE DIMINISHED, AND WE APPRECIATE THAT. HOWEVER, MY FAMILY AND I ARE STILL DEALING WITH A LOT OF ISSUES AS FAR AS OUR UTILITIES BEING USED IN OUR HOME, SUCH AS OUR REFRIGERATOR, OUR AC AND HEATING UNIT, EVEN WHEN IT'S TURNED OFF. THERE ARE CHEMICALS THAT ARE BEING EXCRETED INTO OUR HOME AS IF THERE IS AN EFFORT TO GET RID OF OUR FAMILY. THIS HAS BEEN ONGOING FOR OVER TWO YEARS NOW. AND LIKE I SAID, THINGS HAVE DIMINISHED. AND WHEN THINGS DIMINISH, THAT MEANS THERE IS A CAPABILITY OF IT STOPPING ALTOGETHER. SO WHAT WE ARE ASKING IS, WITHOUT ME HAVING TO GO INTO THE LOGISTICS SO THAT I DON'T, YOU KNOW, MAKE THE CITY OF PLANO LOOK TERRIBLE, I WOULD LIKE SPEAK TO A CITY COUNCILMEMBER IN PRIVATE, ALONG WITH MY FAMILY SO THAT WE CAN DISCUSS FURTHER SOME OF THE ISSUES THAT HAS BEEN GOING -- IT'S VER DISTURBING. I WATCHED MY MOTHER BREAK DOWN TODAY. SHE FINALLY HAD HER BREAK TODAY. IT'S A LOT. IT PLAYS A LOT ON THE MENTAL. THERE'S A LOT OF TRAFFIC COMING IN AROUND OUR HOME, POSTING UP AROUND OUR HOME WHILE WE'RE SLEEPING, DRUMMING UP ANY TIME WE GET ON OUR CELL PHONE TO USE THE WI-FI, IT'S TAKING OUR CELL PHONE DATA. WHOEVER THESE PEOPLE ARE THAT HAS BEEN PLACED IN THE COMMUNITY IS VERY TERRORISTIC. I WOULD NOT COME TO YOU AND TELL YOU THESE THINGS IF IT WAS NOT A SERIOUS CONCERN FOR MY FAMILY, AND WE DO NEED YOUR HELP. AND TH'SLL I HAVE TO SAY TONIGHT. AGAIN, THANK YOU GUYS FOR YOUR TIME. I LEFT MY PHONE NUMBER AND ADDRESS AND MY FAMILY AND I ARE VERY MUCH WILLING TO SPEAK WITH YOU GUYS. GOD BLESS YOU ALL. >> Mayor Muns: THANK YOU. >> THE NEXT SPEAKER IS JAMES LOCKRIDGE. >> HELLO, MR. MUNS, HOW ARE YOU? CITY COUNCIL. GUYS, I COME TODAY BECAUSE THE CITY OF PLANO ACTUALLY WENT OUT AND DID SOMETHING, AND THEY DID SOMETHING THAT WAS WRONG. THEY HAD CODE COMPLIANCE GO TO EVERY LANDOWNER IN THE CITY AND FORCED THEM TO MOW CROPS, LAND, OR WHATEVER THEY COULD GET MOWED TO GET THEIR SETBACK. TODAY, I HAVE A LETTER THAT WAS SENT TO THE AG's OFFICE DESCRIBING WHAT HAS HAPPENED IN THE CITY OF PLANO. NOW, FARMERS BRANCH, UNLESS Y'ALL DID NOT SEE ON CHANNEL 11, WE WON. THEY LOST. IT'S GOING TO COST THEM. NOW IT'S GOING TO COST Y'ALL. I'VE ASKED Y'ALL TO COME TO THE TABLE. NOT BUT ONE CITY COUNCILMEMBER HAS TALKED TO ME. NOT BUT ONE. I HAVE A PROBLEM WITH THAT. THIS LITTLE EPISODE THAT Y'ALL PLAYED HERE JUST THE OTHER DAY, MAKING EVERYBODY MOW EVERYTHING, JUST ME ALONE COST ME 55 ACRES OF FARMLAND. 55 ACRES OF FARMLAND IS WHAT THE CITY OF PLANO HAS COST ME. DO YOU KNOW HOW MUCH MONEY THAT IS OUT OF MY POCKET? OUT OF OTHER PEOPLE'S POCKETS. WHERE DOES YOUR FOOD SUPPLY COME FROM? I DON'T THINK Y'ALL REALLY CARE. ON THIS LETTER IT SAYS VERY CLEARLY. PLANO MUNICIPALITY HAS ADOPTED ZONING RESTRICTIONS NEGATIVELY IMPACTING THE USE FOR OPEN SPACE LINE FOR AGRICULTURAL. THESE ORDINANCES ARE ARBITRARY, DISCRIMINATORY, AND UNNECESSARY TO ABATE THE NEW SNS TO THREAT TO PUBLIC SAFETY. THE MUNICIPALITIES THAT ARE SUBJECT THE PROVISION OF SECTION 25105 OF THE AGRICULTURAL CODE. THE REQUIREMENTS OF THAT STATUTE HAVE NOT BEEN FOLLOWED IN ADOPTING ORDINANCES REGULATING AGRICULTURAL OPERATIONS. MUNICIPALITIES REQUIRED A PRIVATE PERSON TO MAINTAIN THE CITY RIGHT OF WAY WITH THEIR PERSONAL AND PRIVATE RESOURCES. THIS INVERSE CONDEMNATION DUE TO REQUIRING SOMEONE TO USE THEIR PROPERTY, MONEY, AND EQUIPMENT FOR PUBLIC PURPOSE WITHOUT COMPENSATION. MUNICIPALITY ARBITRARY PLACED A BURDEN TO ABATE NUISANCE AND THREATS TO PUBLIC HEALTH BY RESTRICTING GENERALLY ACCEPTED AGRICULTURAL PRACTICES WITHOUT PROVIDING EVIDENCE THAT THIS IS THE BASIS OF THE FINDING THAT THE ORDINANCE IS NOT NECESSARY OR IS NECESSARY. PARTICULARLY WHEN THERE ARE NOT RESTRICTIONS PLACED ON OTHER PROPERTY OWNERS TO ABATE THE SAME NUISANCE TO THE THREAT, NUISANCE OR THREAT TO THE PUBLIC, LANDSCAPING COMPARED TO THE RESTRICTIONS PLACED ON -- >>0 SECONDS. >> -- ON OPEN SPACED LAND. THAT WENT TO THE AG OFFICE. THE STATE REPS ARE PUSHING HARD AND WE'RE PUSHING BACK. WE'RE SICK AND TIRED OF Y'ALL TAKING EVERYTHING FROM US. WHAT ARE YOU GOING TO DO? LEAVE US ALONE. BACK OFF AND LET US DO WHAT WE NEED TO DO. THAT'S WHAT WE'RE ASKING FOR. M. MUNS, I'D LOVE TO SIT AND TALK TO YOU. IT'S BEEN ALMOST A YEAR. NOTHING. I'D LOVE TO HAVE A MEETING WITH YOU TO HELP GET THIS UNDER CONTROL. THANK YOU, SIR. >> THERE ARE NO OTHER SPEAKERS. >> Mayor Muns: ONTO THE CONSENT AGENDA. >> THE CONSEN 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. >>. >> Mayor Muns: MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED. >> SECOND. >> Mayor Muns: I HAVE A MOTION AND SECOND TO APPROVE THE CONSENT AGENDA. PLEASE VOTE. MOTION PASSES 8-0. NEXT ITEM. >> PUBLIC HEARING ITEMS. APPLICANTS ARE LIMITED TO FIFTEEN MINUTES PRESENTATION TIME WITH A FIVE MINUTE REBUTTAL, IF NEEDED. REMAINING SPEAKERS ARE LIMITED TO THIRTY TOTAL MINUTES OF TESTIMONY TIME, WITH THREE MINUTES ASSIGNED PER SPEAKER. THE PRESIDING OFFICER MAY AMEND THESE TIMES AS DEEMED NECESSARY. NON-PUBLIC HEARING ITEMS. THE PRESIDING OFFICER WILL PERMIT PUBLIC COMMENT FOR ITEMS ON THE AGENDA NOT POSTED FOR A PUBLIC HEARING. THE PRESIDING OFFIR WILL ESTABLISH TIME LIMITS BASED UPON THE NUMBER OF SPEAKER REQUESTS, LENGTH OF THE AGENDA, AND TO ENSURE MEETING EFFICIENCY, AND MAY INCLUDE A CUMULATIVE TIME LIMIT. SPEAKERS WILL BE CALLED IN THE ORDER REQUESTS ARE RECEIVED UNTIL THE CUMULATIVE TIME IS EXHAUSTED. ITEM NUMBER ONE. PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE AS REQUESTED IN ZONING CASE 2022-012 TO AMEND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NO. 2015-5-2, AS HERETOFORE AMENDED, SO AS TO REZONE 2.8 ACS OF LAND LOCATEON THE SOUTH SIDE OF LOS RIOS BOULEVARD, 224 FEET EAST OF FLINTSTONE DRIVE IN THE CITY OF PLANO, COLLIN COUNTY, TEXAS, FROM PLANNED DEVELOPMENT-320-ESTATE DEVELOPMENT TO SINGLE FAMILY RESIDENCE-9 AND TO AMEND ORDINANCE NO. 2009-5-17 AND SPECIFIC USE PERMIT NO. 598 FOR DAY CARE CENTER TO REDUCE THE AREA COVERED BY THE PERMIT FROM 3.9 ACRES TO 1.8 ACRES DUE TO THE REMOVAL OF THE AFFECTED PORTION OF THE SUBJECT PROPERTY FROM THE PERMIT AREA; DIRECTING CHANGES ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; AND PROVIDING A PENALTY CLAUSE, A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PUBLICATION CLAUSE, AND AN EFFECTIVE DATE >> GOOD EVENING, MAYOR, COUNCIL, AND EXECUTIVES. I'M CHRISTINA DAY, THE DIRECTOR OF PLANNING HERE TO TALK ABOUT ZONING CASE 2022-12 THIS EVENING. THE PURPOSE OF THIS REQUEST IS TO REZONE A PORTION OF AN EXISTING LOT THAT IS PARTIALLY DEVELOPED WH A DAYCARE CENTER. THAT WOULD ALLOW THE DEVELOPMENT OF SIX NEW SINGLE FAMILY RESIDENTIAL LOTS. AND THE REQUEST IS TO CHANGE THE ZONING FROM PD-320, WHICH INCLUDES A NUMBER OF VARIOUS ZONING DISTRICTS, BUT THIS AREA IS ESTATE DEVELOPMENT TO STRAIGHT SINGLE FAMILY 9 ZONING. IT WOULD ALSO RESCIND THE EXISTING SUP FROM THAT PROPERTY. SO THE GRAPHIC IN FRONT OF YOU SHOWS THE PROPERTY IN QUESTION WHERE THE RESIDENTIAL WOULD BE DEVELOPED. AND THE NOTICE AREAS SURROUNDING THAT PRERTY THAT BLUE LINE INDICATES A 200-FOOT LEGAL NOTICE BOUNDARY UNDER STATE LAW AND THE RED LINE INDICATES AN ADDITIONAL NOTICE UP TO 500 FEET THAT IS REQUIRED BY PLANO'S ZONING ORDINANCE. THE YELLOW LINE ON THE MAP SHOWS THE PROPERTY ON AN AERIAL SHOWING THE DEVELOPMENT OF THE SURROUNDING PROPERTY. SO YOU CAN SEE THE EXISTING DAYCARE CENTER. A RELIGIOUS INSTITUTION THAT IS DEVELOPED TO THE SOUTH, AS WELL AS THE REMAINING DEVELOPMENT ARE ALL SINGLE-FAMILY HOMES IN THIS AREA. THIS IS A CONCEPT PLAN. OUTLINED IN BLUE ARE THE RESIDENTIAL LOTS THAT COULD BE DEVELOPED BASED ON THE ZONING CLASSIFICATION PROPOSED. SIX LOTS ARE PROPOSED, THE LARGEST BEING OVER 16,000 SQUARE FEET AND THE SMALLEST LOT BEING 9,000 SQUARE FEET. THIS IS THE MODIFICATION TO THE EXISTING DAYCARE CENTER. Y SEE IT WILL BE MODIFIED SLIGHTLY. AND I HAVE ANOTHER GRAPHIC ON THAT. BUT THEY ARE RE-ROUTING SOME OF THEIR -- CHANGING THEIR PARKING LOT SLIGHTLY AND MODIFYING THEIR PLAYGROUND AREA AT THE REAR OF THEIR SITE TO ACCOMMODATE THE NEW DEVELOPMENT. SO THE ZONING HISTORY IN THIS AREA, IN 1984, THE SUBJECT PROPERTY WAS PART OF A ZONING CASE, A LARGE ZONING CASE THAT REZONED THE GENERAL AREA. IT WAS A PLANNED DEVELOPMENT TH RESIDENTIAL ZONING CLASSIFICATIONS. HOWEVER, THOSE SPECIFIC ZONING CLASSIFICATIONS DIDN'T EXIST THE WAY THEY DO TODAY IN THE ORDINANCE. IN 1986, THE WHOLE ZONING ORDINANCE WAS REWRITTEN, AND THE CLASSIFICATIONS AS YOU SEE THEM TODAY WERE PUT INTO PLACE. SO SINGLE-FAMILY RESIDENCE 7, 9, AND ESTATE DEVELOPMENT. THAT STAYED PRETTY MUCH THE SAME UNTIL 2008 WHEN A SPECIFIC USE PERMIT WAS GRANTED FOR DAYCARE CENTER NUMBER 598, WAS ESTABLISHED ON A PORTION OF THE PROPERTY AND THEN JUST THE NEXT YEAR, THE SUP WAS EXPANDED TO INCLUDE THE REMAINDER OF THE SUBJECT PROPERTY. HOWEVER, THAT EXPANSION WAS NEVER BUILT. SO REGARDING THE COMPREHENSIVE PLAN, THE ACTION NUMBER ONE UNDER THE REDEVELOPMENT AND GROWTH MANAGEMENT POLICY DOES STATE EXPLICITLY THAT WE WILL REVIEW FOR LAND USE MAP AND DASHBOARDS. THIS PROPERTY IS WITHIN THE NEIGHBORHOOD'S FUTURE AND USE AREA. ON THE MAP. IT'S CURRENTLY CLASSIFIED AS AN INSTITUTIONAL TYPE DUE TO THE DAYCARE CENTER PROPOSED USE AND THE SUP THAT EXISTS ON THE PROPERTY. SO IT WOULD MAKE MODIFICATIONS TO EMPLOYMENT TYPES AND INCREASE HOUSING TYPES SHOULD THIS ZONING CASE BE APPROVED. YOU CAN SEE THE MODIFICATIONS TO THE HOUSING MIX IN THE TABLE ABOVE. 71.0%, AND THAT WOULD -- BECAUSE THE CHANGES ARE SO SMALL, THE AREA IS SO SMALL, IT'S A NEIGIBLE INCREASE. A TENTH OF A PERCENT DOES NOT CHANGE FOR ANY OF THE HOUSING MIX TYPES. YOU HAVE TO GET DOWN TO THE THOUSANDTH PERCENT TO MAKE -- TO NOTICE THE CHANGE. WITH REGARD TO THE DASHBOARD, THE REQUEST IS COMPLIANT WITH ALL THE DIFFERENT DASHBOARD CATEGORIES. HEIGHT, DENSITY, INTENSITY, OPEN SPACE. THERE'S SPECIFIC DETAILS IN THE PLAN THAT TALK ABOUT SMALL DEVELOPMENTS SHOULD NOT BE BURDENED WITH MAINTENANCE OF SPECIFIC OPEN SPACE THROUGH AN HOA. SO IT'S, THEREFORE, IN COMPLIANCE THERE. PARKING LOT PATTERN, ALL THESE THINGS ARE IN COMPLIANCE. ADDITIONAL POLICIES WERE MENTIONED UNDER REDEVELOPMENT AND GROWTH MANAGEMENT AND UNDEVELOPED LAND POLICY IN THE STAFF REPORT. BOTH OF THOSE WERE FOUND IN COMPLIANCE. SO ALL IN ALL, THE COMPREHENSIVE PLAN, WE DID NOT FIND ANY NONCOMPLIANCE WITHIN THE COMPREHENSIVE PLAN. THE SPECIFIC USE PERMIT FOR DAYCARE CENTER, WE'VE SHOWN THE EXISTING LAYOUT BASED ON THE MOST RECENTLY APPROVED SUBSTANTIALLY CONFORMING SITE PLAN ON THE LEFT. THE PROPOSED LAYOUT, INCLUDING THE NEW RESIDENTIAL DEVELOPMENT, IS ON THE RIGHT. SO YOU SEE THERE WILL BE MODIFICATIONS TO THE SITE, INCLUDING REMOVAL OF THE FIRE LANE TURN-AROUND ON THE NORTHERN SIDE OF THE BUILDING THAT EXISTS TODAY. RESPONSES TO THIS CASE, THERE IS A REQUIREMENT UNDER STATE LAW THAT ALLOWS INDIVIDUALS THAT RESPOND WITH A SIGNED LETTER TO HAVE LEGAL RIGHTS TO PROTEST ZONING CASES. AND SO WE DO MAIL OUT LETTERS TO INDIVIDUALS WITHIN 200 FEET. WE RECEIVED ONE LETTER BACK. AND THAT PERSON INDICATED THEY WERE NEUTRAL TO THE CHANGE. AND THAT IS 17.7% OF THE BUFFER AREA. WE DID NOT RECEIVE LETTERS FROM ANY OF THE OTHER INDIVIDUALS WITHIN THE NOTICE AREA. HOWEVER, WE DID RECEIVE UNIQUE RESPONSES FROM 43 INDIVIDUALS. THERE WERE 55 TOTAL RESPONSES RECEIVED. 12 OF THOSE WERE EITHER REPEAT OR UPDATED RESPONSES THAT WE RECEIVED OVER TIME. 41 WERE IN OPPOSITION. ONE WAS NEUTRAL, AND ONE WAS IN SUPPORT. AND BECAUSE THIS ZONING CASE WAS RENOTICED, AFTER WORKING WITH THE NEIGHBORHOOD, THEY ACTUALLY MODIFIED AND WE RE-NOTICED FOR SINGLE FAMILY 9. EIGHT OF THOSE ADDRESSES -- I'M SORRY, NINE RESPONSES WERE INCLUDED AFTER THAT NEW NOTICE WENT OUT. ONE BEING NEUTRAL, AND EIGHT IN OPPOSITION. SO THOSE ARE THE NUMBERS AFTER THE RE-NOTICE. THE PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL OF THIS CASE BY A VOTE OF 7-0. WITH THAT, I AM AVAILABLE FOR QUESTION YOU MIGHT HAVE ON THIS CASE. >> Mayor Muns: ANY QUESTIONS FOR STAFF? COUNCILMAN SMITH? >> THANK YOU, MAYOR. CHRISTINA, I'VE BEEN OUT AND LOOKED AT THE SITE. I'M ALL FOR MORE HOUSING, YOU KNOW, WHEN WE CAN MAKE THAT WORK. THE QUESTION I HAVE, AND I NOTICED HERE WE'RE SHOWING A COUPLE OF UNOBSTRUCTED VIEW MARKS HERE. THE PROBLEM I HAVE RIGHT NOW THE WAY THAT SITE IS PONTIAL SAFETY HAZARD FOR A REAL TRAFFIC COMING SOUTHBOUND ON LOS RIOS FROM PARKER WITH THOSE HEDGES THERE. WAS THERE ANY CONSIDERATION GIVEN OR ANY DISCUSSION ABOUT HOW THOSE HEDGES COULD BE ELIMINATED TO GIVE, LIKE, FULL VIEW WHEN YOU'RE COMING DOWN LOS RIOS? BECAUSE I'M TELLING YOU, YOU DRIVE OUT THERE. BY THE TIME YOU GET TO THE END OF THAT ROW OF HEDGES, YOU'D BE RIGHT THERE ON THE -- WHERE THAT DRIVE IS EXITING ON LOS RIOS >> RIGHT. THE CONCEPT PLAN APPVED BY THE PLANNING AND ZONING COMMISSION DOES SHOW REMOVAL OF THE HEDGES. IT SHOWS A 348-FOOT UNOBSTRUCTED VIEW. SO THAT DOES MEET -- WE HAVE WHAT'S CALLED A VISIBILITY AND MAINTENANCE EASEMENT REQUIREMENT THROUGH THE ENGINEERING DEPARTMENT. THEY LOOK AT ANGLES BASICALLY DRAW BACK THE SIGHT LINE DISTANCE FROM AN INTERSECTION. THIS PLAN WOULD NOT HAVE BEEN RECOMMENDED THAT REQUIREMENT. >> OKAY. SO IT SAYS PLUS OR MINUS 50 FEET OF HEDGES REMOVED. OKAY. >> IT SHOWS THAT IF THE HEDGES ARE REMOVED, IT'S 415 FEET INSTEAD OF -- SO IT'S BASICALLY AN ADDITIONAL ROUGHLY 65 FEET OF AVAILABLE VIEW IF YOU REMOVE THE HEDGES. >> OKAY. BUT AS FAR AS WE KNOW, IF THAT'S GOING TO BE APPROVED, THAT THE CITY, WE WOULD ONLY BE ABLE TO REQUIRE THAT THAT 50 FOOT OF HEDGES BE REMOVED. IS THAT CORRECT? >> I THINK THAT WE'RE SAYING IT MEETS THE ORDINANCE THE WAY IT EXISTS TODAY WITH THE HEDGES. BUT WE WOULD REQUIRE THEM TO REMOVE ANY HEDGES THAT OBSTRUCTED THE VIEW AS IT STANDS IN THE ORDINANCE TO MEET THE CITY STANDARDS. >> GOTCHA. AND IN LOOKING AT THE PLAN HERE, THE PLAT THAT -- I MEAN, IT MAKES SENSE TO HAVE THE ENTRY TO THE CUL DE SAC IN THE MIDDLE OF THE LOT. AGAIN, THE PROBLEM IS THAT CLOSENESS TO THAT BLIND CURVE THERE. WAS THERE ANY OTHER PLAT GIVEN TO US THAT HAD SOMETHING PUSHING THE DRIVE CLOSER DOWN TO WHERE THE DRIVE ALREADY IS FOR THE ENTRANCE TO THE DAYCARE? IT MAY NOT BE VERY FEASIBLE. I'M JUST WONDERING IF ANY CONSIDERATION WAS GIVEN TO MOVING THAT AROUND THAT WE SAW IN THE INITIAL STAGES. >> RIGHT. I AM NOT AWARE OF CONSIDERATION THE APPLICANT MAY TALK ABOUT STUDIES THEY'VE DONE TO MOVE. THEY DO NEED A TURN LANE COMING INTO THE CUL DE SAC. SO TY'LL HAVEO HAVE THE DISTANCE REQUIREMENTS, ENOUGH DISTANCE TO MEET FROM TREE SHADOW TRAIL TO THE MEDIAN CUT THAT THEY'RE PROPOSING THERE. SO IN THAT REGARD, THEY HAVE TO MAKE THE MEDIAN WORK FOR BOTH DIRECTIONS, SO IT WILL BE -- I DON'T KNOW THAT THERE'S A SUBSTANTIAL AMOUNT OF OPPORTUNITY TO MOVE THE STREET. >> OKAY. AND THE APPLICANT IS HERE TONIGHT SO WE CAN ASK THEM. >> YES. >> OKAY, GREAT, THANK YOU. >> CERTAINLY. >> Mayor Muns: MAYOR PRO TEM. >> CAN YOU GO BACK AND SAY AGAIN WHAT YOU SAID ABOUT SOME OF THESE OPPOSITION COMMENTS BEING SUBMITTED BEFORE THERE WERE CHANGES? WHAT WERE THEY RESPONDING TO? >> SO THE ORIGINAL ZONING REQUEST WAS FOR SINGLE FAMILY 7 ZONING. THE APPLICANT WENT AND WORKED WITH THE HOMEOWNERS ASSOCIATION, CAME BACK AND REVISED THE REQUEST TO SINGLE FAMILY 9. SO LARGER LOTS. THEY LOST A LOT. ORIGINALLY IT WAS GOING TO BE 7 LOTS INSTEAD OF 6. SO IT WAS A MODIFIED REQUEST. N JUST FOR THE ZONING BUT THE NUMBER OF LOTS WAS REDUCED BY ONE. AND SO WE RE-NOTICED THE ZONING CASE FOR SINGLE FAMILY-9 RATHER THAN SINGLE FAMILY-7. SINCE THE TIME THE RE-NOTICE OCCURRED, WE RECEIVED NINE RESPONSES AND SO EVERYTHING PRIOR TO THAT WAS UNDER THE SINGLE FAMILY-7. THAT'S WHY YOU'LL SEE IN SOME OF THE COMMENTS PEOPLE REFERRING TO R-7. THAT'S WHY, THAT WAS THE ORIGINAL NOTICE. >> BUT SEVERAL ARE REFERRING TO APARTMENTS. THAT WAS JUST CONFUSION ON THEIR PART? >> I BELIEVE THAT WAS CONFUSION. THIS WAS NEVER PROPOSED AS AN APARTMENT DEVELOPMENT. >> OKAY. >> THANK YOU, CHRISTINA. THE OVERARCHING CONCERN I HAVE REGARDING THE CURVE IS FOR ANYBODY COMING EASTBOUND ON LOS RIOS. THAT ESTATE RIGHT THERE JUST BEFORE THE PROPOSED DEVELOPMENT, THERE'S NOT ONLY HEDGES BUT A LL. AND EVEN IF THOSE WEREN'T OBSTACLES, ONCE THIS DEVELOPMENT IS COMPLETE, THERE'S GOING TO BE A HOUSE, ACCORDING TO THE CONCEPT PLAN, RIGHT AT THE TOP OF THAT CURVE, OBSCURING ANY VISIBILITY TO THE EXIT FROM THIS TINY LITTLE SUBDIVISION. I'M VERY CONCERNED ABOUT THE SAFETY THERE. ANYBODY WHO IS COMING THE OPPOSITE DIRECTION OF LOS RIOS AND WANTS TO TURN IN, I THINK THEY'LL HAVE ENOUGH VISIBILITY BECAUSE THEY'LL ALREADY BE ON THE NORTH SIDE OF LOS RIOS. BUT I AMERY CONCERNED ABOUT ANYBODY PULLING OUT FROM THE SUBDIVISION ON TO LOS RIOS. NOW, I UNDESTAND FROM THE SITE PLAN, THERE'S GOING TO BE A LITTLE MEDIAN CUT OR A CUT IN THE MEDIAN SO PEOPLE COULD TURN LEFT. AND I DON'T THINK THAT -- I DON'T THINK ANYBODY TURNING LEFT WOULD HAVE THE SAME ISSUES FROM NORTH AND WESTBOUND TRAFFIC JUST BECAUSE THE VISIBILITY GOING TO THE EAST ISSUE. BUT ANYBODY PULLING OUT OF THERE IS GOING TO HAVE, AS BEST I CAN TELL, ABOUT 50-FOOT WARNING BEFORE TRAFFIC HEADING AROUND THE CURVE EASTBOUND ON LOS RIOS COMES ON THEM. HAVE WE EVALUATED THAT? >> YES. >> WITH THE -- ASSUMING THERE WILL BE A HOUSE THERE AND THE ACCOMPANYING FENCE AND EVERYTHING. >> YES, ENGINEERING HAS REVIEWED STDARDS THAT THE CITY HAS GN FOR -- WE DO NOT ALLOW DRIVEWAYS THAT WOULD OBSTRUCT VISIBILITY BASED ON AN ANGLE. SO THEY DO AN ANALYSIS WHERE THEY LOOK AT THE DRIVEWAY THAT'S PROPOSED. IT'S A REQUIRED SIGHT LINE DISTANCE BASED ON CITY STANDARDS. BASED ON THE REQUIRED SETBACK OF 20 FEET MEETS THE STANDARDS, BASED ON OUR ENGINEERING TRANSPORTATION STANDARDS. >> OKAY. AND WHAT IS THAT SIGHT LINE FROM THAT ANGLE? >> IT STES THERE IS A 348-FOOT UNOBSTRUCTED VIEW. FROM THE PROPOSED STREET. >> OKAY. >> BACK TO THE NORTHWEST. >> MAYBE I'M JUST A POOR JUDGE OF DISTANCE. BUT IT DOESN'T SEEM THAT YOU COULD GET THAT PAST THE ESTATE. >> Mayor Muns: LET'S HEAR FROM THE -- LET'S MOVE ON. OKAY. GET THE INFORMATION. ALL RIGHT? ANY OTHER QUESTIONS FOR STAFF? DO YOU HAVE A QUESTION? >> I DO. THANK YOU, MAYOR. JUST A QUICK ONE. SO ON THE SIGHT LINE ISSUE, CERTAINLY I'LL DEFER TO THE ENGINEERING DEPARTMENT, BUT JUST FROM A BELT AND SUSPENDERS POINT OF VIEW, WOULD WE AS A CITY BE ABLE TO PUT UP A SIGN THAT SAYS APPROACHING INTERSECTION, YOU KNOW, YELLOW SIGN MAYBE WITH FLASHING LIGHTS? THAT WOULD SEEM TO MAKE SURE THAT EVEN IF SOMEBODY WAS GOING TOO FAST OR WHATEVER THE CASE MAY BE, THEY WOULD BE VERY AWARE THAT AN INTERSECTION IS APPROACHING, EVEN IF THEY DIDN'T KEEP A LOOKOUT. >> RIGHT. I THINK WE COULD DO SOMETHING LIKE THIS. THE TRANSPORTATION ENGINEERING DEPARTMENT, WE ASKED THEM FOR DATA ON THIS AREA, AND THERE ARE -- IN THIS SECTION OF LOS RIOS BOULEVARD, THERE ARE 5,983 TRIPS ON OUR LAST TRAFFIC VOLUME MAP. THEY DID PROVIDE ACCIDENT DATA TO US AS WELL. THE TRANSPORTATION ENGINEER I SPOKE WITH OR E-MAILED, RATHER, SAID THIS WAS BASICALLY -- THIS AREA WAS AVERAGE FOR REPORTED CRASHES. SO THAT WAS THEIR ASSESSMENT OF THE SITUATION HERE, THAT IT WAS NOT A HIGH ACCIDENT LOCATION. IT WAS JUST WHAT YOU WOULD NORMALLY EXPECT TO SEE BASED ON THE SPEED AND THE VOLUME OF TRAFFIC. >> BUT JUST TO BE CLEAR -- AND THANK YOU FOR THAT INFORMATION, CHRISTINA. SO WE COULD HAVE A STIPULATION ON THIS ZONING CASE THAT THERE'S GOING TO BE SUCH A SIGN? YOU KNOW, AN APPROACHING INTERSECTION OR WHATEVER THE SIGN SHOULD SAY, TYPE OF SIGN THERE ON THE ROAD? >> I DON'T WANT TO COMMIT FOR THE ENGINEERING DEPARTMENT. >> OH, SORRY, OKAY. >> I THINK THEY COULD DO SOMETHING LIKE THAT. BUT THAT WOULD NOT -- I MIGHT DEFER TO THE CITY MANAGER IF THEY WANT TO DO SOMETHING ALONG THOSE LINES. >> SURE. THANK YOU FOR THAT INFORMATION, CHRISTINA. >> PLAYING WITH GOOGLE MAPS, IT LOOKS LIKE IT'S ABOUT 350 FEET. >> Mayor Muns: OKAY. COUNCILMEMBER GRADY? >> IF I'M NOT MISTAKEN, THERE ARE SEVERAL CURVES IN THIS CITY THAT HAVE SIGNS THAT SAY APPROACHING A STREET THAT IS BLIND. AND THIS WOULD NOT BE THE ONLY ONE IN THE CITY. I CAN TELL YOU THERE IS ONE ON HEDGCOXE. I KNOW EXACTLY WHERE IT IS. I KNOW EXACTLY THE STREET THEY'RE TALKING ABOUT. THERE'S ALSO ONE ON RIDGEVIEW. SO THIS IS NOT THE FIRST TIME THAT WE'VE HAD A CURVED STREET WHERE TRAFFIC ENGINEERING HAS HAD TO PUT UP A SIGN TO WARN DRIVERS THAT THERE IS AN EXIT OR THERE IS A STREET THERE ON THE CURVE. OKA THANK YOU. >> (OFF MIC) WOULD THE APPLICANT LIKE TO ADDRESS THE COUNCIL? >> HI, I'M SCOTT AT 8305 KATABA ROAD IN DALLAS, TEXAS. I AM THE PARTNER ON THIS PROJECT, PRESIDENT OF THE COMPANY THAT MANAGES THE DEVELOPMENT OF THIS. SO WE'VE GONE OVER THIS WITH THE ENGINEERING DEPARTMENT AND OUR CIVIL ENGINEER FOR THE LAST PROBABLY -- I GUESS IT'S ALMOST BEEN A YEAR NOW. AND GONE THROUGH ALL OF THIS AND DESIGNED IT ACCORDINGLY. WE ORIGINALLY LOOKED AT DOING R-7, AND WE MET WITH THE HOMEOWNERS GROUPS SEVERAL TIMES AND WITH THE STAFF, BACKED OFF TO AN R-9, AND BASED ON THE ACREAGE, WE COULD HAVE DONE EIGHT OR NINE LOTS BASED ON OUR ACREAGE TO GET TO OUR R-9. WE ENDED UP BACKING OFF AND WENT TO SEVEN LOTS. NOW WE'RE AT SIX. 13,290 SQUARE FOOT APIECE IS EACH LOT AVERAGE. WE'VE BACKED OFF. IT'S KIND OF A GOOD TRANSITION FROM ESTATE LOTS TO OURS WHICH ARE 14,000 FEET AND ONTO THE R-7s ACROSS THE STREET. WE AGREED TO REVISE THE MEDIAN AND PUT A LEFT TURN LANE AS YOU'RE GOING EAST. I THINK WE'VE ACCOMMODATED EVERYBODY WE COULD AS WE DESIGNED THIS WITH OUR ENGINEERS AND THE STAFF AT THE CITY OF PLANO. WE'D APPRECIATE YOU APPROVING THIS AND APPRECIATE IN ADVANCE YOUR CONSIDERATION OF THIS TONIGHT. I'M AROUND FOR QUESTIONS. AND RON BALDWIN WITH BALDWIN PLANNING WILL COME UP HERE AS WELL. HE'S BEEN HANDLING THIS FOR US. >> Mayor Muns: APPRECIATE IT. >> THANK YOU VERY MUCH. >> Mayor Muns: ANY QUESTIONS FOR THE APPLICANT? >> THANK YOU, MAYOR. I DID HAVE ONE. THANK YOU. SO I WATCHED THE VIDEO OF THE PLANNING AND ZONING COMMISSION MEETING ON THIS. AND AT THAT TIME, THERE WAS MENTION OF CONVERSATIONS WITH THE STONEY HOLLOW RESIDENCE ASSOCIATION. I BELIEVE JOHN MARLO, THE PRESIDENT OF THAT ASSOCIATION. AND IT SOUNDED LIKE THERE HAD BEEN PROGRESS IN THOSE DISCUSSIONS, BUT HE HAD NOT YET WRITTEN IN ANYTHING, CHANGING HIS PRIOR FEEDBACK. IN LOOKING AT THE RESPONSE PACKET WE GOT THIS AFTERNOON, I STILL DIDN'T SEE ANYTHING CHANGING. HAVE THERE BEEN FURTHER DISCUSSIONS THERE? DO YOU KNOW THE STATUS OF THAT? . ROB LIKED THE SIX LOTS, THAT IT WAS LAID OUT. WE HAD DESIGNS AROUND. THERE WAS SEPARATION REQUIREMENTS FOR EACH ENTRANCE AND EXIT OFF OF LOS RIOS. WE'VE ALREADY CLOSED ON THE PROPERTY. WE'VE ALREADY GOT THE MONTESSORI SCHOOL. THEY'RE OPEN. I THINK THEY HAVE 60 STUDENTS THERE. THERE WAS A HUGE DEMAND FOR THE MONTESSORI SCHOOL THERE. SO THAT'S A GOOD START. >> GOOD EVENING. ROB BALDWIN, DALLAS. I'M SORRY, COUNCILMEMBER. I DIDN'T HEAR THE QUESTION. >> CERTAINLY. SORRY, I DIDN'T HAVE MY MICROPHONE ON. IT WAS JUST HAVE THERE BEEN ANY FURTHER DISCUSSIONS WITH THE STONEY HOLLOW RESIDENCE ASSOCIATION SINCE THE PLANNING AND ZONING COMMISSION MEETING? >> NO, SIR. WE'VE WORKED EXTENSIVELY WITH JOHN MARLO, WHO IS A GREAT GUY. WHEN WE FIRST CAME IN WITH A MUCH DENSER PLAN, HE TOLD US THAT WASN'T IN THE IGHBORHOOD'S BEST IEREST NOR IN OUR BEST INTEREST, SO WE MODIFIED IT ULTIMATELY TO WHAT WE SEE TODAY. AS MR. RENFREY SAID, WE'RE ADDRESSING THE CONCERNS WF SIGHT DISTANCE AND DRIVEWAY LOCATIONS, CERTAINLY BETWEEN US AND THE SCHOOL. THE SHORT ANSWER IS, WE HAVE SPOKEN WITH JOHN SINCE THE FIRST P&Z MEETING, BUT WE HAVE NOT MET. >> OKAY, THANK YOU. AND JUST TO KIND OCLOS THE LOOP ON THAT, WHEN YOU SPOKE WITH HIM AFTER THE P&Z MEETING, DID HE ARTICULATE ANY REMAINING CONCERNS ABOUT THE PROPOSED REZONING? >> HE DID NOT HAVE ANY ADDITIONAL CONCERNS. >> OKAY. >> AS YOU KNOW, IF JOHN HAD CONCERNS, HE WOULD LET YOU KNOW. >> WHEN YOU SAY ADDITIONAL CONCERNS, YOU MEAN ALL OF HIS CONCERNS HAD BEEN ADDRESSED AS FAR AS YOU COULD TELL? >> TO THE BEST OF MY KNOWLEDGE, YES, SIR. >> THANK YOU FOR THAT UPDATE. >> THANK YOU. >> Mayor Muns: THANK YOU VERY MUCH. >> THANK YOU VERY MUCH. I APPRECIATE IT. >> Mayor Ms:HANK U. 'LL CLOSE THE MEETING AND CONFINE THE COMMENTS TO THE COUNCIL. >> MOTION TO APPROVE AS PRESENTED. >> SECOND. >> (OFF MIC). (LAUGHTER) >> SECOND. >> Mayor Muns: I HAVE A MOTION AND A SECOND TO APPROVE AGENDA ITEM NUMBER ONE. ANY OTHER COMMENTS? PLEASE VOTE. MOTION PASSES 8-0. THANK YOU. >> THANK YOU VERY MUCH. >> THANK YOU. >> Mayor Muns: NEXT ITEM. >> ITEM NUMBER 2. PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION TO ADOPT THE 2022-2023 HOMEAMERICAN RESCUE PLAN ALLOCATION AND PROPOSED USE OF FUNDS FOR PROGRAM YEAR 2022- 2023; DESIGNATING THE CITY MANAGER AS CHIEF EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE OF THE CITY FOR THE PURPOSE OF EXECUTING THE CONTRACT CONSISTENT WITH THIS RESOLUTION, GIVING REQUIRED ASSURANCES, ACTING IN CONNECTION WITH SAID CONTRACT, AND PROVIDINREQUED INFMATION; PROVIDING AN EFFECTIVE DATE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. >> GOOD EVENING, MAYOR, COUNCIL, CITY EXECUTIVES. MY NAME IS SHANETTE EADEN, HERE TO DISCUSS THIS DRAFT HOME ALLOCATION PLAN FOR YOU AND ALSO FOR YOU ALL TO HOLD THE PUBLIC HEARING. I WANT TO MAKE SURE YOU ALL KNOW THE PLAN AS IT'S WRITTEN IS WRITTEN IN A HUD TEMPLATE, SO EVERYTHING YOU'VE SEEN IS WRITTEN IN A WAY THAT HUD IS REQUIRING US TO SUBMIT THAT DATA TO THEM. ALSO WHEN LOOKING AT THE PLAN, THERE'S DATA MENTIONE IN HERE. THE DATA MENTIONED IN HERE IS USING EITHER POINT IN TIME COUNT OR OUR APPROVED HUD 2020/2024 CONSOLIDATED PLAN DATA. ALL RIGHT. SO WE'VE MENTIONED THIS BEFORE. I'M GOING TO REMIND YOU THAT LOOKING AT THE ACTIVITIES PROPOSED IN THIS DRAFT ALLOCATION TONIGHT WILL BE SPENT ON PLANO HOUSEHOLDS WITH AN AREA MEDIAN INCOME, (INDISCERNIBLE) WE'RE TALKING ABOUT A FAMILY OF FOUR THAT MAKES APPROXIMATELY $48,700 A YEAR THAT WILL QUALIFY FOR THE USE OF THESE FUNDS. SO HOW ARE WE GOING TO USE THESE FUNDS? WELL, WHEN I SPOKE TO YOU ALL AT THE PRELIMINARY OPEN MEETING ON OCTOBER 24th, YOU ALL GAVE ME GUIDANCE AND DIRECTION ON HOW THE FUNDS SHOULD BE USED. AND THAT IS WHAT YOU SEE BEFORE YOU. SO I'M GOING TO GO THROUGH THESE ACTIVITIES ONE BY ONE AS HUD CALLS THEM. SO THE FIRST ONE, THE MAJORITY SPENT ON SUPPORT SERVICES. SUPPORT SERVICES IS HOMELESSNESS PREVENTION. THIS PROGRAM IS NOT GOING TO BE OPERATED BY CITY OF PLANO STAFF. SO WHEN LOOKING AT THIS $1,468,051, IT'S GOING ALL TO A NONPROFIT TO ADMINISTER THIS PROGRAM. AND KNOWING THAT IT'S HOMELESSNESS PREVENTION, THAT MEANS THAT THE PERSON ALREADY HAS A HOME. THIS ACTIVITY, THIS PROGRAM IS TO KEEP SOMEBODY THAT ALREADY HAS A HOME, MEANING THEY ALREADY HAVE A LEASE IN THEIR NAME, IN THEIR HOME, TO PREVENT THEM FROM BECOMING HOMELESS. AS PROPOSED, IT PROVIDES UP TO SIX MONTHS OF ASSISTANCE. AND THE DETERMINATION OF HOW MUCH ASSISTANCE IS NEEDED IS GOING TO BE MADE BY THE NONPROFIT WHO HAS THE CASE MANAGER. THE CASE MANAGER WILL USE A HOUSING STABILITY PLAN. AND WITH THE FAMILY PARTICIPATING IN THIS PROGRAM, WILL DECIDE AND WILL DETERMINE HOW MUCH ASSISTANCE IS NEEDED AND FOR HOW LONG. IN ADDITION TO HOW MUCH AND HOW LONG, THEY WILL ALSO DISCUSS ADDITIONAL SERVICES THAT THEY MAY NEED, SUCH AS BUDGETING CLASSES OR DEBT MANAGEMENT CLASSES. ANY OTHER SUPPORT SERVICES THAT ARE GOING TO BE NEEDED TO ASSIST THEM IN BECOMING AND REMAINING SELF-SUFFICIENT AFTER THE MAXIMUM SIX MONTHS IS MET. WE ARE HOPING TO SERVE 220 HOUSEHOLDS UNDER THIS ACTIVITY. THE NEXT ACTIVITY YOU SEE, AS YOU CAN TELL, IT'S 15.6% OF THE FUNDING, AND IT'S OUR TENANT-BASED RENTAL ASSISTANCE PROGRAM. TENANT-BASED RENTAL ASSISTANCE, THE DIFFERENCE WITH THIS PROGRAM FROM HOMELESSNESS PREVENTION IS THAT PEOPLE DON'T HAVE A HOME. PROGRAM PARTICIPANTS THAT COME IN THE TENANT-BASED RENTAL ASSISTANCE PROGRAM HAVE TO MEET WHAT HUD CALLS A CATEGORY ONE OR CATEGORY TWO HOMELESS. SO WHAT DOES THAT MEAN? THE LAYMAN'S TERM OF CATEGORY ONE MEANS THEY'RE LITERALLY HOMELESS. THEY'RE LIVING IN A PLACE THAT IS NOT MEANT FOR HABITATION, SUCH AS THEIR CAR. OR THEY MAY BE LIVING IN A SHELTER IN COLLIN COUNTY. THEY MAY BE LIVING IN ONE OF THOSE. ANY OF THOSE SITUATIONS FIT UNDER A CATEGORY ONE HOMELESS. BUT I ALSO MENTIONED THIS PROGRAM IS FOR CATEGORY TWO HOMELESS. CATEGORY TWO HOMELESS IS SOMEBODY THAT IS AT RISK OF BEING HOMELESS. AND WHAT HUD SAYS THAT MEANS, THEY'RE AT RISK OF IMMINENT HOMELESSNESS. THAT MEANS IN 14 DAYS THEY KNOW THEY'LL BE WITHOUT A PLACE TO STAY. THEY'VE GONE THROUGH THE EVICTION PROCESS AND THE EVICTION COURT, THE JUDGE HAS RUD AHEY HAVE TO LEAVE WITHIN 14 DAYS. EITHER THEY HAVE ALREADY LEFT, SO IT'S 14 DAYS PAST WHEN THEY LEFT. OR IT'S 14 DAYS UNTIL THEY HAVE TO ACTUALLY LEAVE. THAT'S WHAT HUD SAYS. THEY'LL QUALIFY AS A CATEGORY TWO IF THEY'VE MET THE 14-DAY RULE PLUS THEY DON'T HAVE ANY OTHER PLACE TO STAY, AND THEY ARE SAYING THEY DO NOT HAVE ANY OTHER FAMILY OR FINANCIAL RESOURCES TO HELP THEM OR SUPPORT NETWORKS TO HELP THEM BECOME PERMANENTLY HOUSED. SO WHEN YOU'RE THINKING ABOUT TENANT-BASED RENTAL ASSISTANCE PROGRAM, IT TAKES THE CATEGORY ONE OR TWO INDIVIDUAL, ALLOWS THEM TO GET AN APARTMENT THROUGH CASE MANAGEMENT AND HOUSING NAVIGATION, A LEASE IN THEIR OWN NAME. SO WE'RE TAKING THEM FROM NO HOME TO NOW THEY HAVE A HOME AND LEASE IN THEIR NAME. WE'LL PROVIDE ASSISTANCE FOR UP TO 22 MONTHS FOR RENT AND UTILITIES AS WELL AS CASE MANAGEMENT. MORE CASE MANAGEMENT AND HOUSING NAVIGATION MORE THAN LIKELY WITH THIS PROGRAM THAN THE HOMELESSNESS PREVENTION PROGRAM BECAUSE THE NATURE OF THEIR HOUSING SITUATION I JUS DIFFERENT. THE NEXT THING THAT YOU SEE HERE IS CASE MANAGEMENT AND HOUSING NAVIGATION. I'VE MENTIONED THIS FOR BOTH PROGRAMS BECAUSE BOTH PROGRAMS ARE GOING TO HAVE CASE MANAGEMENT AND NEED SOMEONE TO ASSIST IN HOUSING NAVIGATION AT LEAST FOR TENANT-BASED RENTAL ASSISTANCE. THAT'S SOMETHING THAT'S NOT OPERATED BY CITY OF PLANO STAFF. WE DO NOT DO CASE MANAGEMENT AT ALL. WHATEVER NONPROFITS SELECTED TO CARRY OUT THESE ACTIVITIES, THEY'LL USE THOSE FUNDS IN THAT MANNER. THE NEXT ACTIVITY IS ADMINISTRATION. THAT PART IS FOR OUR SUBRECIPIENTS. YES, CASE MANAGEMENT, HOUSING NAVIGATION IS ONE THING. BUT WHEN WE ARE TALKING ABOUT THE ADMINISTRATION THAT YOU SEE HERE ON THIS CHART, THAT'S FOR INDIRECT COSTS. THEY MAY HAVE A FINANCE PERSON THAT IS DOING THEIR MONEY THAT THEY HAVE TO PAY FOR. THEY MAY HAVE A LEASE THAT THEY HAVE TO PAY FOR BECAUSE OF WHERE THEY'RE OPERATING AT. THEY MAY HAVE TO PAY THEIR ELECTRICITY BILLS. ALL THAT IS COVERED UNDER THIS 50,000 ADMINISTRATION. AND THEN THE LAST ONE IS THE CITY OF PLANO'S ADMINISTRATION. OUT OF THE $1.9 MILLION, 2.52%, THIS 50,000 IS THE ONLY PART THE CITY IS PROPOSING TO SET ASIDE TO USE FOR SUBRECIPIENT TRAINING AND ONGOING MONITORING. WE PLAN ON TRAINING A LOT, WHICHEVER SUBRECIPIENT OR SUBRECIPIENTS WE HAVE. IT'S NOT JUST ONE TRAINING. IT IS AN ONGOING DISCUSSION AND TRAINING WITH THEM BECAUSE WE WANT TO MAKE SURE THAT THEY'RE SUCCESSFUL. THEY'RE SUCCESSFUL IN USING THIS MONEY, THEN WHEN HUD COMES AND MONITORS US, WE'RE GOING TO BE SUCCESSFUL AND NOT HAVE TO RETURN FUNDS FOR USING IT IN AN IMPROPER WAY. SO LET'S TALK ABOUT NEXT STEPS. WE'RE HAVING A PUBLIC HEARING TONIGHT. AS I SAID, THIS IS A DRAFT ALLOCATION PLAN. IT'S A DRAFT UNTIL YOU ALL APPROVE IT. IT'S A DRAFT. SO WE'LL HAVE THE PUBLIC HEARING TONIGHT. IF YOU ALL CHOOSE TO APPROVE THIS, WE PLAN ON SUBMITTING IT TO HUD BY JANUARY THE 18th. AND WE'LL GO AHEAD ON THE STAFF SIDE TO START PREPARING A REQUEST FOR A PROPOSAL. WE'RE NOT GOING TO LET -- SO WHEN W ME INT THE MID JANUARY TO MARCH, HUD HAS 45 DAYS TO APPROVE THIS. WHAT THAT MEANS IS THAT IF THEY DON'T SEND US A LETTER DISAPPROVING IT, WHAT THE REGULATIONS SAY IS A LETTER -- IF YOU DON'T RECEIVE A LETTER OF DISAPPROVAL, IT'S APPROVED. SO ON THAT 46th DAY, IF THEY HAVEN'T SENT US ANYTHING ASKING US TO DO ANYTHING ELSE, WE KNOW THEY'VE APPROVED IT. IT'S WHEN WE HIT THE 45-DAY MARK, WE CAN LET OUT THE RFP TO A LOT OF OUR ORGANIZATIONS. ANY ORGANIZATION THAT WE KEEP ON OUR NONPROFIT LIST, AS WELL AS GROUPS THAE PARTICIPATE IN HERE AT THE CITY OF PLANO, WHICH IS LIKE THE COLLIN COUNTY HOMELESS COALITION, CCSSA COLLIN COUNTY. SO SERVICES ASSOCIATION. WE WILL ALSO SEND IT TO HOUSING BECAUSE THEY HAVE OTHER ORGANIZATIONS IN A CONTINUING OF CARE NETWORK THAT HELP RESIDENTS THAT MAY BE INTERESTED IN APPLYING. SO WE'LL LET IT OUT IN THE TIMEFRAME HERE. SO BY MID MARCH, WE SHOULD LET THAT OUT. AND THEN HOPEFULLY HAVE A PROGRAM UP AND RUNNING BY MAY. ADVERTISING IT TO OUR RESIDENTS SO THAT WE'RE READY TO HELP. >> SO SHANETTE, THEORETICALLY THEN, NONPROFITS IN THE COMMUNITY, SOMEWHERE AROUND THE FIRST OR SECOND WEEK OF MARCH THEORETICALLY COULD HAVE ACCESS TO FUNDS IF EVERYTHING GOES ACCORDING TO THAT TIMELINE, ABOUT 45 DAYS FROM THE 18th? >> WE WOULD THEN LET AN RFP OUT TO DECIDE WHICH NONPROFITS -- >> CORRECT. >> YOU'RE RIGHT. THEY WOULD BE APPLYING. >> THANK YOU. >> MM-HMM. THAS PRESENTATION. I'M HERE TO ANSWER QUESTIONS. >> Mayor Muns: ANY QUESTIONS FOR STAFF? COUNCILMAN GRADY? >> THANK YOU VERY MUCH. AS COUNCIL PROBABLY KNOWS, I'M SHOULDER DEEP IN ALL OF THIS MOST OF THE TIME. I'LL TRY TO BE VERY SUCCINCT. I HAVE A FEW QUESTIONS AND I AFEW COMMENTS ON THE PROGRAM THAT I NEED CLARIFICATION ON. YOU SAID ON THE COVER PAGE THAT WE'RE REALLY LOOKING AT HUD'S CLASSIFICATION OR HUD'S DEFINITION OF HOMELESSNESS IN CATEGORY ONE, CATEGORY TWO. THEN ON PAGE 2 OF THE ACTUAL DOCUMENT IN THE EXECUTIVE SUMMARY, WE ACTUALLY TALK ON THE BOTTOM OF PAGE 2, THE SECOND ITEM THERE, FLEEING OR ATTEMPTING TO FLEE DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, STALKING, AND HUMAN TRAFFICKING, WHICH TO ME, IS CATEGORY FOUR DEFINITION WITHIN THE HUD DEFINITION. I THINK THAT'S VERY IMPORTANT TO HAVE THIS IN HERE, TO BE CANDID. BUT I WANTED TO MAKE SURE, ARE WE TALKING ONLY CATEGORIES ONE AND TWO OR ALSO CATEGORY FOUR? >> BEING THAT THIS IS A TEMPLATE, WHEN HUD SPEAKS ABOUT THEIR TARGETED POPULATIONS, ALL OF THEIR POPULATIONS THAT THEY CALL TARGETED ARE LISTED IN THIS EXECUTIVE SUMMARY SO THAT WHEN SOMEONE READS THE EXECUTIVE SUMMARY, THEY KNOW THESE FUNDS COULD BE USED FOR ANY OF THESE TARGET POPULATIONS. AND WHEN WE WRITE THIS REPORT, WE HAVE TO TOUCH ON HOW WE ARE GOING TO ASSIST EVERY TARGET POPULATION. BUT YOU ARE CORRECT. YOU KNOW, A CATEGORY FOUR HOMELESS IS DOMESTIC VIOLENCE. SO WHAT THAT MEANS, THOUGH, THE WAY OUR PROGRAMS ARE HERE, WE COULD STILL BE ASSISTING. YOU KNOW, WE HAVE A HOMELESS SHELTER AND TRANSITIONAL SHELTERS HERE IN PLANO. WE COULD STILL HELP SOMEBODY THAT HUD WOULD SAY IS A CATEGORY FOUR HOMELESS, RIGHT? BUT THEY'RE LIVING IN A SHELTER. AND IF THEY'RE LIVING IN A SHELTER, THEY'RE NOT A CATEGORY FOUR HOMELESS. THEY MEET THE CATEGORY ONE HOMELESS DEFINITION >> I WANTED TO MAKE SURE. I UNDERSTAND HOW HUD CLASSIFIES IT AND HOW ELSE UNDERSTAND HOW HUD ASKS FOR CERTAIN DOCUMENTATION OF EACH ONE. SO DOCUMENTATION OF CATEGORY FOUR IS DIFFERENT FROM DOCUMENTATION OF CATEGORY ONE. IT'S ALSO DIFFERENT IF YOU'RE LOOKING AT HOMELESSNESS UNDER OTHER FEDERAL STATUTES, WHICH IS CATEGORY THREE. SO DIFFERENT DOCUMENTATION IS NEEDED. I WANTED TO MAKE SURE THAT WE WERE ROBUST ENOUGH THAT WE WEREN'T EXCLUDING ANYBODY THAT WAS IN NEED, THAT WE WERE INCLUDING AS MANY AS WE COULD. COUPLE OTHER QUESTIONS AND THEN I'LL MAKE A COUPLE COMMENTS THAT I THINK ARE IMPORTAN WE TALKED IN HERE ABOUT THE NEED FROM HUD TO TALK TO VARIOUS RECIPIENTS IN THE AREA. THIS IS BASICALLY ON THE TOP OF PAGE 4 AND ON PAGE 5. AND PART OF THAT, WE'RE TALKING WITH THE CONTINUUM OF CARE BUT ALSO TALKING TO HOMELESS AND DOMESTIC VIOLENCE SERVICE PROVIDERS, VETERANS GROUPS, PUBLIC HOUSING AGENCIES, PUBLIC AGENCIES, ET CETERA. I DIDN'T SEE THAT WE ACTUALLY HAD AN OPPORTUNITY TO TALK TO VETERANS GROUPS BECAUSE IT'S NOT IN THE LIST ON THERE. YET, WE HAVE THE VETERANS CENTER OF NORTH TEXAS. SO I DON'T KNOW IF WE COMMUNICATED WITH THEM AND THEY DID NOT RESPOND OR IF WE JUST MISSED THAT CATEGORY. >> SO VETERANS CENTER OF NORTH TEXAS IS INCLUDED WHEN WE ARE TALKING TO THE COLLIN COUNTY HOMELESS COALITION BOARD REPRESENTATIVES BECAUSE THE COALITION'S BOARD REPRESENTS THEIR MEMBERS. THEY'VE BEEN ELECTED OR -- YOU KNOW THAT -- BY THOSE THAT ARE IN THAT ORGANITION TO BE ON THE BOARD. A THERE. ADDITIONALLY, WHEN WE SPOKE TO THE HOUSING AUTHORITY, BECAUSE THEY HAVE VOUCHERS, SO - WE TALKED ABOUT THAT PROGRAM AS WELL. >> YES. I KNOW THAT ON THE COLLIN COUNTY HOMELESS COALITION, THEY ARE A PARTICIPANT IN THE GROUP. THEY'RE NOT ON THE BOARD. >> YOU'RE RIGHT. >> THEY'RE A PARTICIPANT IN THE GROUP. p>> YOU'RE RIGHT. >> FOR ALL DISCLOSURE PURPOSES, I AM ON THE BOARD AND I AM A VETERAN. THAT'S WHY I KNOW. I JUST WANTED TO MAKE SURE THAT WE COVERED THAT AREA AND MADE SURE THAT WE INCLUDED THEM IN THE PROCESS. COUNCILMEMBERS, THE THINGS I SAW IN HERE WHICH I THINK ARE VERY IMPORTANT. SO LET ME KIND OF GET AN IDEA ON IT. AGAIN, AS I MENTIONED, THERE'S FOUR DIFFERENT TYPES OF CATEGORIES THAT TYPICALLY ARE DEFINED IN DIFFERENT TYPES OF DOCUMENTATION THAT HUD REQUIRES. I'M CERTAINLY GLAD TO SEE IN SOME OF THE REQUIREMENTS UNDER THE DEFINITIONSR SOMOF THE DOCUMENTATION, THE USE OF THE WORD "OR" RATHER THAN THE USE OF THE WORD "AND." I STRUGGLE WITH THE USE OF THE WORD "AND" IN SOME OF THE DEFINITIONS BECAUSE WHEN YOU HAVE A DOMESTIC VIOLENCE SITUATION, IT IS NOT ALWAYS THAT YOU'RE GOING TO GET DOCUMENTATION. IT IS MORE STATEMENTS THAN IT IS DOCUMENTATION. ALSO WHEN WE HAVE AN INTIMATE RISK OF HOMELESSNESS, THE ISSUE THAT I HAVE IN BASICALLY THE HUD DEFINITIONS IS THEY'RE LOOKING AT A VERY NARROW WINDOW. AS YOU'VE MENTIONED, 14 DAYS, YOU KNOW THAT AN EVICTION IS COMING ACROSS BECAUSE THE EVICTION HAS ALREADY BEEN ISSUED PROBABLY BY THE COURTS BECAUSE IT TAKES A VERY LONG PERIOD OF TIME FOR THE COURTS TO MAKE THAT DECISION. THEY NEED THE PROOF. THEN THEY'LL ISSUE A WRIT, ALLOWING YOU TO BASICALLY REMOVE THE TENANT AND FURNISHINGS FROM THE UNIT. 14 DAYS IS A PRETTY NARROW THING. SO MY ONLY COMMENT ON THAT IS SOMEWHERE ALONG THE TIM SOME SRT LEGISLATOR IS GOING TO DETERMINE THAT'S TOO NARROW AND THEY NEED TO BROADEN IT. BUT THAT'S NOT GOING TO HAPPEN THIS SESSION. I DID LIKE THE TABLES THAT YOU HAVE IN HERE THAT DESCRIBE WHAT THE REAL NEEDS ARE. BECAUSE WHAT I'M SEEING IS THAT OUT OF -- AND THESE ARE -- YOUR NUMBERS THAT YOU PROVIDED ON THE TOP OF PAGE EIGHT, A LITTLE OVER 39,000 TOTAL RENTAL UNITS WITHIN THE CITY. BUT THERE IS STILL A GAP OF 3,210. AND I THINK IT'S IMPORTANT, AS WE START LOOKING AT THE ISSUE OF AFFORDABLE HOUSING WITHIN THE CITY THAT WE DON'T BEGIN TO TAKE A LOOK AT THE WORD "AFFORDABLE" AND COLOR THAT IN A DIFFERENT MANNER. WE NEED HOUSING IN THE CITY, AND WE NEED HOUSING TO TAKE CARE OF ALL OF OUR DIFFERENT POPULATIONS. AND AS WE HAVE SEEN THE CURRENT RENTAL SITUATION WITHIN THE CITY, WE CAN SEE THAT ON PAGE 11 RIGHT NEAR THE BOTTOM. WE'RE SAYING CURRENT FAIR MARKET RENTS FOR A TWO-BEDROOM APARTMENT IN PLANO IS BETWEEN $2,088 A MONTH AND $2,820 A MONTH. IF YOU CALCULATE THAT OUT FROM THE STANDPOINT, AND AS YOU HAVE DONE, YOU WOULD NEED TO EARN SOMEWHERE BETWEEN 84,000 AND I WAS A LITTLE BIT CONCERNED ON THE PERCENTAGES OF HOW WE BROKE OUT SUPPORTIVE SERVICES AND TENANT-BASED RENTAL ASSISTANCE IN THAT DO WE REALLY HAVE TO HAVE THAT HARD OF A LINE THAT SAYS SO MUCH PERCENTAGE GOES TO THIS PROGRAM AND SO MUCH PERCENTAGE GOES TO THAT PROGRAM? CAN WE ALLOW THE ADMINISTRATOR OF THAT PROGRAM, WHOMEVERHAT MIGHT BE WITH THE RFP, TO MAKE THE DETERMINATION AS TO HOW THEY CLASSIFY IT WHEN THE INDIVIDUAL COMES IN? YES, THAT'S A QUESTION. >> WE ARE NOT ALLOWED TO DO THAT. WHEN WE SUBMIT THIS PLAN TO HUD, WANT TO KNOW WHAT CATEGORY SPECIFICALLY BY THE HUD HOME ARP CATEGORIES, FOR INSTANCE, WE'RE CALLING HOMELESS PREVENTION SUPPORT SERVICES, WE NORMALLY WHEN I SPEAK TO Y'ALL, I DON'T REFER AS HOMELESSNESS PREVENTION AS SUPPORT SERVICES, SO WE HAVE TO USE THOSE CATEGORIES TO SET UP THE ACTIVITY, SO ONE SIDE ONCE D APPROVES THIS PLAN, WE HAVE TO SET UP ACTIVITIES IN HUD SYSTEM IN THIS SAME WAY. SO THE FLUIDITY THAT YOU'RE SPEAKING OF, IT HAS TO WORK WEWITHIN THE BUDGETED LINE ITEM. ANY CONTRACT THAT WE DO WITHIN THE CITY, IT HAS TO FOLLOW THAT -- THAT BREAK DOWN. WE ARE ABLE TO -- AS THE ALLOCATION -- IF THIS ALLOCATION IS APPROVED TONIGHT, SUBMIT IT TO HUD, AND HUD APPROVES IT, WHAT OUR CITIZEN PARTICIPATION PLAN SAYS IS THAT WE CAN ADJUST LINE ITEM BUDGETS 25%. ONCE IT GOES PAST 25% OF THE BUDGETED LINE ITEM, WE THEN JUST DO ANOTHER PUBLIC HEARING SUBSTANTIAL AMENDMENT TO THE ALLOCATION PLAN, WE DO A PUBLIC HEARING, AND THEN YOU ALL HEAR, YOU HEAR FROM THE PUBLIC, YOU DECIDE IF YOU WANT TO MAKE THAT, BUT THEY DO WANT CONCRETE AMOUNT SUBMITTED. OKAY. >> Grady: OKAY. SO I THINK IF I'VE GOT THE ANSWER CORRECTLY, OR AT LEAST WHAT YOU'RE SAYING, IS THAT THERE IS SOME FLEXIBILITY, WE HAVE TO -- WE HAVE TO ISSUE THE -- ISSUE UNDER THE PERCENTAGES THAT YOU'RE TALKING ABOUT, WHAT WE THINK IT'S GOING TO BE, BUT OVER A PERIOD OF TIME, IF WE RUN OUT OF TENANT-BASED RENTAL ASSISTANCE, AND WE HAVE A WHOLE GOSH SITTING OVER HERE IN SUPPORTED SERVICES, WE CAN HAVE A PUBLIC HEARING AND MOVE FUNDS. >> AND YOU ALL HAVE DONE JUST THAT IN THE PAST WITH REGULAR CDBG AND HOME FUNDS, YES. >> Grady: I WANTED TO MAKE SURE, WE DON'T KNOW IF THIS PROGRAM STARTS IN MAY, WHAT IT'S GOING TO LOOK LIKE IN DECEMBER OF NEXT YEAR, AND THAT BRINGS UP MY OTHER COMMENT, WE'VE BEEN OBVIOUSLY WORKING ON THIS, SEPTEMBER OF 2021, OF LOOKING AT THESE THINGS, SO THE -- THE FASTER WE CAN GET THIS MONEY OUT INTO THE COMMUNITY, THE BETTER OFF OUR COMMUNITY IS GOING TO BE, BECAUSE THEY HAVEN'T STOPPED -- THEY ARE HURTING HA BEEN NIPPING AWAY AT THE HOUSING INDUSTRY, AND AS PRICING -- FINALLY, I FOUND IT VERY INTERESTING, ON PAGE 21, WHICH IS A COMMENT UNDER TENANT-BASED RENTAL ASSISTANCE, AND THIS WAS ISSUED BY ONE OF THE PEOPLE THAT WAS BEING INTERVIEWED WAS THAT RAPID REHOUSING IS ALREADY A LOT OF WORK TO MARKET TO LANDLORD, AND IT'S A HUGE BATTLE. AND I HEAR THAT ALL THE TIME. I HEAR THAT ALL THE TIME FROM THE AGENCIES THAT WE CURRENTLY USE TODAY, AND KIND OF MYESSA RIGHT NOW GOING OUT TO EVERYBODY THAT HAS THE 39,000 UNITS THAT ARE SITTING OUT THERE, AND I UNDERSTAND WHAT IT IS TO -- TO MANAGE A RENTAL PROPERTY, BUT WE NEED TO UNDERSTAND THAT JUST BECAUSE SOMEBODY HAS A VOUCHER IN THEIR HAND DOES NOT MEAN THAT THIS PERSON IS A BAD PERSON; IT MEANS THAT THIS PERSON NEEDS SOME HELP, AND HAVING THIS BATTLE ALL THE TIME BY INDIVIDUAL LAND OWNERS MAKING THE DECISION THEY DON'T WANT TO RENT TO SOMEBODY BECAUSE WE'VE GONE TO THEM WITH A VOUCHER HAS GOT TO STOP AT SOME POINT IN TIME. SO I'M LOOKING AT THAT PRETTY DEEPLY TO SEE WHAT ARE THE PUSH-BACKS FROM EVERYONE THAT ARE SAYING THEY DON'T WANT TO RENT TO SOMEBODY FOR VARIOUS REASONS. IT COULD BE THEY DON'T EARN ENOUGH. THAT'S PROBABLY THE BIGGEST ONE THAT I HEAR. THEY LOOK AT IT AND SAY THEY NEED TO BE EARNING ENOUGH TO COVER THREE MONTHS WORTH OF RENT. AT $2,000 A MONTH FOR A UNIT, AND THEY NEED $6,000 IN THEIR POCKET, AND THEY'RE HOMELESS IS A WAY OF GETTING AROUND THE FACT THAT YOU DON'T WANT TO RENT TO SOMEBODY, AND THAT'S THE WAY THAT I READ IT. SO ANYWAY, COUNCILMEMBERS, WE HAVE WORKED ON THIS FOR A VERY LONG PERIOD OF TIME. LONGER THAN IT SHOULD BE. I JUST WANT TO SAY THAT I'M IN SUPPORT OF GETTING THIS MONEY OUT IN THE COMMUNITY JUST AS FAST AS WE POSSIBLY CAN, BUT WE NEED TO BE ABLE TO LOOK AT THE COMMUNITY AS MODIFICAONS TO B ABLE TO CHANGE IT FOR WHAT WE -- WHAT IS BEING NEEDED IN THE COMMUNITY RATHER THAN WHAT HUD IS SAYING YOU CAN ONLY HAVE 85% IN THIS BUCKET, AND 15% IN THAT. THANK YOU VERY MUCH. I YIELD BACK. >> Mayor Muns: ANY OTHER QUESTIONS FOR STAFF? >> ONE CLARIFYING QUESTION, AND I THINK COUNCILMAN GRADY TOUCHED ON SOME OF IT, YOU KNOW, MY BIG CONCERN IS HELPING PAY THE UTILITY BILLS FOR FOLKS BECAUSE ONE THING THAT CAN MAKE YOU HOMELESS ABOUT AS FAST AS NOT PAYG REN IS N PAYING UTILITIES, SO YOU MAY HAVE A HOME, BUT YOU HAVE NO HEAT OR WATER OR ANYTHING GOING ON THERE. THE UTILITY SYSTEM, IS THAT IN OUR SUPPORTIVE SERVICES NUMBER, OR THE TBRA NUMBER THERE, BECAUSE COUNCILMAN GRADY ASKED A QUESTION THAT WE KIND OF TOUCHED ON A LITTLE BIT, WE DO HAVE SOME FLEXIBILITY TO MOVE THINGS AROUND, BECAUSE I KNOW WE RAN OUT OF UTILITY ASSISTANCE EARLY LAST TIME, AND I'D LIKE TO SEE THAT NOT HAPPEN THIS TIME, BECAUSE IT'S GOING TO BE EVEN WORSE. >> SO WE HAVE TWO DIFFERENT HOME ARP ACTIVITIES. ONE IS THE HOMELESSNESS PREVENTION. THE SUPPORT SERVICES. THAT'S WHERE WE'RE PAYING FOR SOMEBODY ALREADY HOUSED, SO SOMEBODY HAS UTILITIES, THAT'S ME MAKING THE ASSUMPTION, THEY'RE ALREADY HOUSED, AND THEY PAID THEIR HOUSE -- THEY PAID THEIR RENT. THEY CAN'T PAY THEIR UTILITIES. THIS PROGRAM IS HOME ARP. WE ARE ALLOWED TO PAY UTILITIES AS A OFFSET -- AS A SECONDARY FACTOR TO KEEPING SOMEBODY IN THEIR HOME, BUT WHAT WE'RE NOT ALLOWED TO DO IS CONSISTENTLY ONLY PAY SOMEONE'S UTILITIES, BECAUSE WITH HOME ARP, ANY TIME YOU HEAR ME SPEAK ABOUT THE HOME ANYTHING, REGULAR HOME MONEY, HOME ARP, HOME MEANS THE FOCUS OF THE FUNDS HAVE TO BE AT PROVIDING A HOME, AND YOU'RE CORRECT, I UNDERSTAND EXACTLY WHAT YOU'RE SAYING, SOMEONE COULD BECOME HOMELESS IF THEY DON'T HAVE THEIR UTILITIES PAID OR IF THEY DON'T GET IT PAID, IT COULD BE A FACTOR OF IT. BUT IT HAS TO BE SECONDARY FOR THESE FUNDS, SO WE STILL CAN DO IT, BUT WHEN WE GET MONITORED BY HUD, WHAT WE CAN'T SHOW IS THAT WE'VE HELPED PEOPLE, A LOT OF PEOPLE ONLY HELPING THEM WITH THEIR UTILITY BILLS, BECAUSE THEN HUD IS GOING TO SAY HOW DID YOU HELP THEM STAY IN THEIR HOME. >> Smith : RIGHT. SO ONE OF THE THINGS I THINK YOU MENTIONED, WE TALKED ABOUT ANYWAY, ASSUMING THAT, THAT WE'RE AT A POINT, WE COULDN'T JUST PAY SOMEBODY'S UTILITIES, IF SOMEONE WERE HYPOTHETICALLY TO BE STRUGGLING TO PAY RENT AND UTILITIES, THEY WOULD PROBABLY BE BETTER SERVED WITH OUR SUPPORT TO PAY THE UTILITIES AND GET ASSISTANCE TO PAY THEIR RENTALS. POTENTIAL -- JUST HYPOTHETICALLY. >> IF THEY CHOOSE TO DO THAT YES. >> Smith : OKAY. OKAY. GREAT. THANKS, I WON'T GO ON ANY FURTHER THAN THAT. >> Mayor Muns: I'LL OPEN THE PUBLIC HEARING. >> THERE ARE NO SPEAKERS ON THIS ITEM. >> Mayor Muns: SO I'LL CLOSE THE PUBLIC HEARING, CONFINE THE COMMENTS TO THE COUNCIL. >> Grady: I HAVE ONE OTHER QUESTION THAT I MIGHT ADD. PAGE O SUMMARIES AT THE TOP OF THE PAGE, AND SPACE LEFT BLANK, TO UPDATE UPON RECEIVING COMMENTS, HAVE WE RECEIVED ANY COMMENTS YET. >> WE HAVE NOT RECEIVED ANY COMMENTS YET. >> Grady: OKAY. UMM -- >> I DID -- IF IT HELPS, WE MET WITH A REPRESENTATIVE FROM AN ORGANIZATION WHO ASKED QUESTIONS ABOUT THE PLAN, BUT AS FAR AS GIVING COMMENTS, OTHER THAN, OKAY, THIS IS GOOD, THAT'S SOMETHING THAT WE WOULDN'T WRITE. IT'S NOT WRITTEN SO -- YEAH. >> Grady: DO WE KNOW ANY REASON WHY WE HAVEN'T RECEIVED ANY COMMENTS? IS IT PROBABLY NOT GENERAL KNOWLEDGE? I KNOW THAT WE PUBLISHED IN THE NEWSPAPER. PLANO COURIER. I KNOW THAT WE PUBLISH IT ON OUR WEBSITE. I KNOW WE ISSUED E-MAILS OUT TO VARIOUS ORGANIZATIONS, BUT -- UMM, YOU KNOW, NOTHING? >> THIS PUBLIC PARTICIPATION IS A HARD THING FOR ANY CITY GOVERNMENT. >> Grady: YEAH. >> IT'S JUST HARD. IF YOU TALK TO OUR COLLEAGUE, OUR OTHER COMMUNITY DEVELOPMENT HOUSING PROFESSIONALS THAT ARE IN OTHER CITIES, THEY TOO STRUGGLE WITH THE SAME ISSUE, OR GETTING PEOPLE TO JUST RESPOND, BE IT GOING OUT, TO GET PEOPLE'S INPUT, SENDING IT OUT. WE WERE HOPING THAT WHEN WE SENT THE E-MAIL OUT TO THE HOMELESS COALITION, THIS IS COMING, THAT MAYBE THEY COULD SEND IT TO THEIR PEOPLE, BUT A LOT OF TIMES WHEN WE DO GET COMMENT, IF WE GET THEM, THEY'RE FROM ORGANIZATION DIRECTORS, SO WE DIDN'T RECEIVE ANY COMMENTS IN WRITING, HAD THE VERBAL COMMENTS, HAD TWO VERBAL COMMENTS ACTUALLY TODAY, ONE ON THE PHONE, AND THEN THE ONE FROM THE MEETING WEAD WHERE THEY SAID THEY'RE IN AGREEMENT, BUT THAT'S IT. >> Grady: OKAY. THANK YOU. MOTION TO BE APPROVED. >> SECOND. >> Mayor Muns: MOTION AND SECOND TO APPROVE AGENDA ITEM NUMBER 2. PLEASE VOTE. EXCUSE ME. MOTION PASSES 8-0. THANK YOU. NEXT ITEM? >> City Clerk: ITEM NUMBER 3, PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION TO AUTHORIZE THE ESTABLISHMENT OF THE DOWNTOWN PUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY OF PLANO, TEXAS, IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE, AND AUTHORIZING AND DIRECTING THE FILING OF THIS RESOLUTION, AND PROVIDING FOR RELATED MATTERS AND PROVIDING AN EFFECTIVE DATE. > GOOD EVENING, COUNCIL, DIRECTOR OF SPECIAL PROJECTS, HERE TO TALK ABOUT REEC IMPROVEMENT DISTRICT IN DOWNTOWN PLANO. THE -- PROPERTY OWNERS IN THE DISTRICT WENT OUT AND PETITION AND CAME UP AND MET THE THRESHOLDS WITH THIS MAP HERE, AND AS YOU ALL KNOW, ABOUT DOWNTOWN PID. THIS IS A PID. SO THAT WILL STABILIZE THE INCOME SCREAM AS WE GO FORWARD AND UNLESS YOU INCREASE THE SQUARE FOOTAGE OF YOUR BUILDING OR YOUR IMPROVEMENT, YOUR LEVY WOULD STAY THE SAME FOR THE NEXT TEN YEARS, SO AGAIN, THE PETITION WAS APPROVED BY 80% OF THE APPRAISED VALUE, THAT IS THE NUMBER ONE THRESHOLD, THEN YOU NEED TO MEET THE NEXT ONE OR OTHER TWO ABOUT 50%, WE MET ALL THREE THRESHOLDS WITHIN THE STATE LAW, THE LOBBY AGAIN IS 15 CENTS PER SQUARE FOOT OF IMPROVEMENTS, THE PROPERTY OWNERS ON THE ADVISORY BOARD, AND THE QUORUM WITH ANY FIVE MEMBERS, SO WHAT THIS DOES IS IT MAKES IT ACTUALLYNCLUSIVE THA BEFORE THERE WAS A COMMITTEE, AND THIS IS NOW ANYBODY WHO COMES TO THE MEETINGS WHICH WILL BE REGULARLY SCHEDULED AND THE TERM IS FIVE YEARS, AND THE USE OF THE FUNDS IS AGAIN SIMILAR TO THE LAST PID, WHICH IS -- GO TO THE PROMOTION OF THE DISTRICT, CAN'T ENHANCE SECURITY, IF THAT'S WHAT THEY -- THE COMMITTEE DECIDES, AND THEN CONSTRUCTING PLACE MAKING ELEMENTS IN THE CITY. THIS IS ALL DONE, ALL OF THESE DECISIONS ARE DONE BY THE PROPERTY OWNERS AND NOT BY CITY STAFF, SO THIS IS FOR AND BY THE DISTRICT MEMBERS. WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS. I THINK WE MAY HAVE SPEAKERS AS WELL. >> Mayor Muns: ANY QUESTIONS FOR STAFF? COUNCILMAN RICCIARDELLI? >> Ricciardelli: THANK YOU MAYOR. I SAW THAT THE THRESHOLDS WERE MET FOR THE PETITIONS IN TERMS OF NUMBER OF PETITIONERS AND OWNERSHIP WITHIN THE PUBLIC IMPROVEMENT DISTRICT. FOR THE -- FOR THE ONES WHO DIDN'T PARTICIPATE IN THE PETITION, YOU KNOW, WHO ARE NOT AMONG THE 61.1% OF THE AREA, OR 70% OF OWNERS, WERE ANY ACTUALLY OPPOSED OR THEY JUST DIDN'T PROVIDE FEEDBACK. >> WE -- AS A CITY, WE RECEIVED ONE LETTER IN OPPOSITION, AND THEY ARE NOT INCLUDED IN THE BID. >> Ricciadelli: OKAY. VERY GOOD. THANK YOU. >> Mayor Muns: THANK YOU, PETER. I'LL OPEN THE PUBLIC HEARING. >> WE HAVE FIVE SPEAKERS ON THIS ITEM, AND THE FIRST ONE IS MYRNA LYNCH. >> GOOD EVENING, AND HAPPY NEW YEAR TO THE MAYOR AND THE COUNCIL. I'M HERE BECAUSE I HAVE OWNED PROPERTY IN DOWNTOWN PLANO ON 15th STREET SINCE THE EARLY '80s, AND THERE HAVE BEEN MANY GOALS AND PUBLICATIONS SET THROUGH THE GO, HOWE WA TO GETWE WANT TO THERE, BUT SOMEHOW WE HAVE NOT GOTTEN THERE. THE PID HAS BEEN A GREAT VEHICLE BECAUSE IT INVOLVES THE OWNERS AND THE PARTNERSHIP WITH THE CITY, AND WE'RE SEEING MORE MOVEMENT, HOPEFULLY BEFORE I PASS AWAY, WE COMPLETE A WHOLE BUNCH OF IT, BUT I FULLY SUPPORT THIS VEHICLE FOR MOVING THIS DISTRICT TO WHERE IT NEEDS TO BE. WE ARE A DIAMOND IN THE ROUGH. WE'RE TRYING TO GET TO THAT BIG STATUS OF TIFFANY LOOK, AND WE'RE HOPEFUL THAT THIS NEXT ONE IS GOING TO GET US THERE. THANK YOU. >> Mayor Muns: THANK YOU VERY MUCH. >> City Clerk: THE NEXT SPEAKER IS WILLIAM CRAVENS. >> GOOD EVENING, MAYOR, CITY COUNCIL MEMBERS, MY NAME IS WILLIAM CRAVEN, I'M PRESIDENT OF METROPOLITAN INTEREST CORPORATION. WE HAVE THREE PROPERTIES THAT ARE LOCATED IN THE P.I.D. ONE OF THEM IS THE BUILDING THAT IS OCCUPIED BY THE FILLMORE PUB, THE OTHER ONE IS THE HISTORIC COURIER BUILDING AT 1015, 15th STREET, AND THE OTHER IS APARTMENTS. WE ELECTED TO GET INTO THE P.I.D., BECAUSE WE THOUGHT IT WAS A VERY BENEFICIAL THING FOR BOTH THE CITY AND DOWNTOWN. THE P.I.D. INCREASES OUR PUBLIC INTEREST IN DOWNTOWN PLANO AND IS THE GLUE THAT BINDS TOGETHER OWNERS AND MERCHANTS. IT PROVIDES A MECHANISM FOR THE MANAGEMENT OF DOWNTOWN, AND A VEHICLE FOR PLANNING AND CONDUCTING MOST EVENTS THAT ARE MARKETED IN DOWNTOWN. THE P.I.D. FUNDING COMES DIRECTLY FROM PROPERTY OWNERS, AS YOU CAN SEE, ALONG WITH THE PARTNERSHIP WITH THE CITY, AND THIS IN ITSELF PROVIDES AN OPPORTUNITY FOR THE PROPERTY OWNERS TO HAVE AN OPPORTUNITY TO SIT AT THE TABLE OF THE P.I.D. ADVISORY COUNCIL, AND THEREFORE WE HAVE A SAY IN IT. IT'S VERY POSITIVE THING FOR THE CITY. I THINK IT'S SOMETHING THAT WOULD BE HELPFUL AND CONTINUES TO BE HELUL, AND WE LOOK FORWARD TO YOUR APPROVING IT AGAIN TONIGHT. THANK YOU. >> Mayor Muns: THANK YOU. >> City Clerk: THE NEXT SPEAKER IS JAMES RUSSELL. JAMES RUSSELL? THEN WE WILL MOVE ON TO BILL LYLE. >> GOOD EVENING, MAYOR AND COUNCIL. MY NAME IS BILL LYLE. 1724 15th PLACE. I ALSO OWN THREE PROPERTIES WITHIN THIS P.I.D., 1307, 1311, AND ALSO 14th STREET, I'M ALSO HERE TO MY SUPPORT FOR CREATING THIS P.I.D. YOU SAID FIVE YEARS, IT SAYS TEN YEARS. OKAY, IT'S TEN YEARS. I WANTED TO MAKE THAT CLARIFICATION, I'M ASKING YOU TO APPROVE THE P.I.D. TONIGHT ON BEHALF OF THE DOWNTOWN AREA. THANK YOU. >> City Clerk: THE LAST SPEAKER IS BONNIE SHAKE. >> Grady:, MAYOR MUNS, AND COUNCILMEN AND WOMEN. THANK YOU VERY MUCH FOR HAVING US HERE TONIGHT. I'M BONNIE SHAY. I AM THE CHAIRMAN OF THE P.I.D. MANAGEMENT COMMITTEE, AND HAVE BEEN SINCE WE STARTED IT 7 YEARS AGO. I'M ALSO A BUSINESS OWNER AND BUILDING OWNER OF MUIPLE BUID BUSINESSES IN DOWNTOWN PLANO. MOST OF WHICH START WITH URBAN, BUT SOME DON'T. BUT WE HAVE A TOTAL BETWEEN ALL OF OUR BUSINESSES DOWNTOWN, ALMOST 300 EMPLOYEES. WHAT WE REALLY WANTED TO TALK ABOUT TONIGHT IS THAT WE WANT TO THANK YOU AND THANK FRANK TURNER AND THANK THE PREVIOUS CITY COUNCIL FOR IMPLEMENTGHE FIRST P.I.D. SEVEN YEARS AGO. IT HAS BEEN A GREAT ASSET FOR THE CITY AND FOR THE DOWNTOWN MERCHANTS AND BUILDING OWNERS, AS WE TALKED ABOUT SEVEN YEARS AGO, THE HISTORIC DOWNTOWN PLANO ASSOCIATION NOW THE DOWNTOWN PLANO ARTS AND HERITAGE FOUNDAION COULD NOT EXIST WITHOUT THE UNDERLYING FINANCIAL SUPPORT OF THE CITY AND THE P.I.D. DURING THE LAST SEVEN YEAR, WE HAVE TRANSITIONED THE ORIGINAL HDPA MERCHANT FODATION ORGANIZATION,1(C)3 WITH THE SUPPORT OF THE P.I.D., THE ORGANIZATION HAS BEEN ABLE TO WORK INDEPENDENTLY AND EXECUTE ITS MISSION OF PRESERVING DOWNTOWN PLANO'S HISTORIC CHARACTER AND EMBRACING ITS FUTURE, THROUGH THE EFFORTS OF AN EXECUTIVE DIRECTOR AND THE BOARD OF OUR FOUNDATION. WHILE THE BOARD OF THE FOUNDATION WHICH MANY OF THE BOARD ARE HERE TODAY, I WOULD LIKE THEM TO STAND, OR SHOW, AND BOB WITH THE MASONIC LODGE IS HERE, AS WELL AS OTHER BUILDING OWNERS AS WE'VE DISCUED DOWNTOWN, THE BOARD OF THE FOUNDATION CONSISTS OF MANY BUSY BUILDING OWNERS AND THE OPERATING MERCHANTS THAT ARE WILLING TO SERVE. THE ED IS AN INDEPENDENT CONTRACTOR SERVING FOR THE FOUNDATION TO NOT ONLY ORGANIZE THE BOARD AND THE COMMUNICATIONS OF THE MEMBERSHIP OF THE HDPA, BUT ALSO TO SERVE A VERY IMPORTANT ROLE OF BEING NOT ONLY THE EVENT PLANNER AND COORDINATOR FOR THE DOWNTOWN EVENTS AND ACTIVITIES, BUT ALSO TO BE THE LIAISON BETWEEN THE MERCHANTS, THE BUILDING OWNERS, AND T CITY MANA. THIS ROLE IS -- >> City Clerk: 20 SECONDS. >> -- MADE POSSIBLE THROUGH THE FUNDS OR THE P.I.D. WE BELIEVE AS MERCHANTS HAVING AN INDEPENDENT DIRECTOR REPRESENTS THE ORGANIZATION WITH THE CITY AS A CRITICAL FACTOR IN THE SUCCESS OF THE P.I.D. AND THE FOUNDATION. THE P.I.D. IN ITS ORIGINAL FORM SEVEN YEARS AGO RENEWED AGAIN FIVE YEARS AGO, ONLY HAD A FIVE YEAR TERM, AND THIS CREATED MULTIPLE ISSUES WITH HAVING AN EXECUTIVE DIRECTOROF THE BOARD. AND BECAUSE OF THAT, WE DIDN'T HAVE A STABLE WE ONLY HAD FIVE YEARS, THE END OF FOUR AND A HALF YEARS, WE HAD TO HOPE THAT WE RENEWED THE P.I.D. SO THAT THE EXECUTIVE DIRECTOR WOULD HAVE A JOB, AND SO BY PROVIDING A NEW RENEWAL OF THIS P.I.D. WITH A TEN YEAR TERM, THIS WILL PROVIDE STABILITY FOR OUR ORGANIZATION IN ORDER TO MANAGE IT OVER THE NEXT TEN YEARS. WITH THIS RENEWAL OF THE P.I.D., WE -- >> Mayor Muns: BONNIE, YOUR TE IS UP -- >> DO I HAVE TO STOP. >> Mayor Muns: I CARE SO MUCH ABOUT YOU, I'M GOING TO GIVE YOU JUST ANOTHER MINUTE. >> OKAY. JUST KNOW THAT WE REALLY ARE APPRECIATIVE OF THE RENEWAL OF THE P.I.D. THE P.I.D. IS REDUCING IN SIZE BECAUSE OF THE FOOTPRINT THAT IS NOW VOTING FOR THE P.I.D., AND BECAUSE OF THAT FINANCIALLY IT WILL HAVE LESS MONEY THAN IT'S HAD FOR THE LAST SEVEN YEARS WHICH FOR DOWNTOWN PLANO SHOULD NOT REALLY HAVE HAPPENED, AND WE WANT TO MAKE SURE THAT WE CAN CHANGE THAT. WE CAN GET BACK IN TO HAVING THID BACK AGAIN, AND THEN WITHIN A COUPLE OF YEARS REPETITION THE FOOTPRINT AGAIN TO GET MORE BUILDING OWNERS INTO THE P.I.D. THANK YOU VERY MUCH. >> Mayor Muns: THANK YOU. >> SO I'M JUST -- YOU CAN CLOSE THE PUBLIC HEARING, BUT THE RESOLUTION ATTACHED, I WANT TO MAKE IT CLEAR THAT THAT IS JUST APPROVING THE P.I.D., NOT THE LEVY. WE'LL BE COMING BACK FOR THAT. >> Mayor Muns: GOT IT. THANK YOU, PETER. I'LL CLOSE THEC HEARING, CONFINE THE COMMENTS TO THE COUNCIL. >> Smith : MOTION TO APPROVE THE P.I.D. >> SECOND. >> Mayor Muns: THANK YOU, I HAVE A MOTION AND A SECOND TO APPROVE ITEM NUMBER 3. YEAH. ITEM NUMBER 3, PLEASE VOTE. MOTION PASSES 8-0. THANK YOU. [ APPLAUSE ] NEXT ITEM? >> City Clerk: ITEM NUMBER 4, PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION TO AUTHORIZE THE ESTABLISHMENT OF THE HAGGARD FARMUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY OF PLANO, TEXAS, IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE, AND AUTHORIZING AND DIRECTING THE FILING OF THIS RESOLUTION, PROVIDING FOR RELATED MATTERS AND PROVIDING AN EFFECTIVE DATE. >> GOOD EVENING, PETER BROADCASTER AGAIN, DIRECTOR OF SPECIAL PROJECTS. HAGGARD FARM IS A DEVELOPMENT, I THINK YOU'VE HEARD THE PLANNING AND ZONING CASE WITH IT SOME TIME AGO. THIS IS AN AREA, THE LAND OWNER OF THE TWOARCELS ATRE NOW CURRENTLY MADE UP OF THIS PROPOSED PUBLIC IMPROVEMENT DISTRICT, 100% RESPONSE. THIS IS PROPERTY AS YOU CAN SEE SURROUNDED BY PARKWOOD AND SPRING CREEK WITH A FUTURE OF PINE CREST ALONG THE SOUTHERN BORDER. IT IS A MASTER PLANNED DEVELOPMENT OF MIX OF USES. AS YOU CAN SEE FROM HERE, THERE IS AN OFFICE, MULTI-FAMILY SINGLE-FAMILY TTOWNHOUSE, AND HOTEL AND RETAIL ALL IN THIS 120ND SOME-ODD ACRES. THE FIRST PHASE IS IN PRE-DEVELOPMENT NOW, AND THEY HAVE COME UP AGAINST SOME NEED FOR A PUBLIC FINANCING, SO THEY HAVE ESTABLISHED -- THEY HAVE PETITIONED TO ESTABLISH THIS P.I.D., AND SO -- AND HERE IS SORT OF THAT FIRST PHASE IN RENDERING VIEW WITH THE HOTEL AND THE -- IN THE FOREGROUND. SORRY. SO THE HAGGARD FARM -- I KEEP SAYING PARKND I D'T ME THAT. HAGGARD FARM PUBLIC IMPROVEMENT DISTRICT, YOU'RE APPROVING IT NOW, WHAT THIS DOES FOR THE DEVELOPMENT AND THE PROPERTY OWNER IS ALLOW THEM TO POSSIBLY REIMBURSE SHOULD PUBLIC FINANCING BE APPROVED LATER ON. WE WILL COME BACK TO YOU WITH NOT ONLY THAT, BUT A DEVELOPMENT AGREEMENT BETWEEN US AND THE PROPERTY OWNERS AND DEVELOPERS. THEY WANT TO USE THE POTENTIAL OF A LEVY TO FUND PUBLIC INFRASTRUCTURE, WHICH -- AND THAT METHOD HAS YET TO BE DETERMINED, WE'LL BE WORKING THAT OUTITH THEM IN A BOND SIMILAR TO WHAT WE DID WITH COLLIN CREEK, OR DEBT REPAYMENT WHICH IS A LOAN BASED ON GETTING PAID BACK BY LEVIES IN THE FUTURE. WE INTEND THROUGH THE DEVELOPMENT AGREEMENT PROCESS TO IRON OUT THE DIFFERENCES AND HOW THE LEVY WOWOULD BE DONE, AND WHO GETS THE LEVY, AND IT'S ALL DONE ON BENEFIT OF THE -- PROPORTIONAL BENEFIT OF THE IMPROVEMENTS THAT ARE PROPOSED. WE WANT TO WORK THAT OUT. THE REASON THAT WE'RE HERE TONIGHT WITH THIS NOW IS BECAUSE, AGAIN, IT'S ABOUT ALLOWING THE DEVELOPMENT TO MOVE FORWARD. THE APPLICANT -- THE APPLICANT? SORRY. THE PETITIONER IS HERE. THEY DO HAVE AN OFFICE TENANT THAT IS ON THE SCHEDULE, SO THIS WOULD ALLOW THEM TO GET STARTED WITH ENGINEERING IN THE HOPES OF GETTING REIMBURSED FOR THAT. I THINK THAT'S ABOUT IT FOR THE BASIS OF THIS ACTION AND THIS PUBLIC HEARING. I'LL BE HAPPY TO ANSWER ANY QUESTIONS. >> Mayor Muns: ANY QUESTIONS FOR PETER? COUNCILMAN RICCIARDELLI. >> Ricciardelli: THANK YOU MAYOR. THANK YOU, PETER. I JUST WANTED TO CONFIRM AND WE'VE DISCUSSED THIS BEFORE, T THERE WILL BE NO ASSESSMENT ON CITY PROPERTY WITHIN THE P.I.D., THAT'S CORRECT? >> THAT IS CORRECT. >> Ricciardelli: AND ALSO THE IDEA IS FOR THIS TO BE NO RISK TO THE CITY, YOU KNOW, IN THE SENSE THAT, YOU KNOW, IF THE ASSESSMENTS DON'T MATERIALIZE, THE CITY IS NOT BACKING THE BONDS OTHER THAN WITH THE ASSESSMENT FROM THE P.I.D. >> THAT IS CORRECT. OUR DUTY UNDER THE -- IF WE WERE TO DO BONDS WOULD BE TAKE FORECLOSURE PROPERTIES ON -- FORECLOSURE ACTIONS ON THOSE -- SORRY, THE TAX LIEN PROCESS, WE WOULD TAKE THAT ACTION, THAT WOULD BE THE ONLY THING LESS. IF IT WERE TO BE FORECLOSED UPON FOR NONPAYMENT, THE BANK TAKES IT BACK, IT WOULD BE SILLY NOT TO PAY, BECAUSE WE WOULD GET IT FOR CHEAP. BUT THE ONLY RISK IS THAT WHOLE FORECLOSURE PORTION OF IT. >> Ricciardelli: SO JUST TO UNDERSTAND THAT, THE RISK ESSENTIALLY IS THAT WE MIGHT HAVE TO, AS A CITY, TAKE FORECLOSURE ACTIONS IF -- >> CORRECT. >> Ricciardelli: OKAY, THANK YOU. I HAVE FEEDBACK ON THE P.I.D., I KNOW WE'RE DOING QUESTIONS RIGHT NOW, I CAN BIFURCATE THAT AND WAIT -- CERTAINLY, WILL DO. ALL RIGHT. THANKS, PETER. I'LL OPEN THE PUBLIC HEARING, HAVE A SPEAKER -- >> City Clerk: WE DO, ERIN HAAS. >> HE WILL ABSTAIN -- >> Mayor Muns: ANY QUESTIONS FOR THE APPLICANT? ALL RIGHT, THANK YOU. I'LL CLOSE THE PUBLIC HEARING. CONFINE THE COMMENTS TO THE COUNCIL. YOU'RE GOOD TO GO, NOW. >> Ricciardelli: THANK YOU, MR. MAYOR, I DEFINITELY WANT TO DO THINGS PROCEDURALLY CORRECT. PETER'S ANSWERS TO THOSE QUESTIONS, YOU KNOW, TAKE CAREF S ABOUT THIS P.I.D. EXCEPT FOR ONE, AND THAT IS THAT IN THE ORDINANCE THAT WE'RE LOOKING AT TONIGHT, THERE'S NO DISCLOSURE REQUIREMENT, AND AS PETER POINTED OUT, IF THE P.I.D. ASSESSMENTS AREN'T PAID, THE CITY IS GOING TO BE THE ONE FORECLOSING. YOU KNOW, ULTIMATELY WE HAVE TO COLLECT THESE ASSESSMENTS IF FOLKS SAY, HEY, I DIDN'T KNOW I WAS SIGNING UP FOR PAYING THESE ASSESSMENTS, IT'S THE CITY THEY'RE PAYING THEM TO. SO I THINK THE CITY HAS A REAL INTEREST IN MAKING SURE THAT DISCLOSURES ARE MADE IN THE WAY THAT THEY SHOULD BE, AND TOWARD THA END, AND I'LL PASS THIS AROUND, I HAVE SOME PROPOSED LANGUAGE, I'M NOT WEDDED TO THIS LANGUAGE, BUT ESSENTIALLY THIS WOULD BE THE CONCEPT OF WHAT I THINK WE NEED TO ADD INTO THE ORDINANCE TO MAKE SURE SOMETHING ALONG THESE LINES TO MAKE -- >> IF I MAY -- >> Ricciardelli: CERTAINLY. >> THERE IS STATE LAW THAT TAKES THAT INTO ACCOUNT. >> Ricciardelli: OKAY. >> THIS WILL BE RECORDED WITH THE COUNTY, THIS RESOLUTION, AND SO IT WILL BE ATTACHED TO, AND DISCOVERABLE BY THE TITLE COMPANIES, AS WELL AS -- NOW, IT HAPPENED I THINK IN THE LAST LEGISLATURE, THE STATE REQUIREMENT THAT DISCLOSURE FORMS BE SIGNED UPON PURCHASE AND SALE AGREEMENTS, SO A LOT OF THAT IS ALREADY DONE AND COVERED BY STATE LAW. >> Ricciardelli: THANK YOU. IF WE COULD PROJECT THAT SO ANYONE FOLLOWING ALONG IN THE GALLERY MIGHT BE ABLE TO SEE IT. MY CONCERN IS I UNDERSTAND THERE ARE GOING TO BE DISCLOSURES -- >> Mayor Muns: DID HE NOT ANSWER THE ISSUE THAT YOU HAVE? >> Ricciardelli: SO I -- I STILL RESPECTFULLY HAVE A CONCERN AND I APPRECIATE THE INFORMATION FROM PETER, BUT MY CONCERN IS NOT THAT THERE AREN'T GOING TO BE ANY DISCLOSURES, BUT A RESIDENT OTE IN REGARDING SOME ISSUES THAT HAVE ARISEN AT A SENIOR DEVELOPMENT CALLED EDGEMERE IN DALLAS, WHERE APPARENTLY THE DISCLOSURES WERE MADE, AS EVERYONE KNOWS, WHEN YOU BUY PROPERTY, THERE'S A MOUNTAIN OF PAPERWORK AND IT MATTERS HOW THE DISCLOSURE IS MADE. YOU KNOW, IT CAN BE IN THAT PAPERWORK, BUT, YOU KNOW, PEOPLE MAY STILL NOT SUBJECTIVELY KNOW JUST BECAUSE A LOT OF TIMES PEOPLE DON'T READ EVERYTHING THAT THEY'RE SIGNING, SO WHAT I WAS GOING TO ASK THAT OUR ORDINANCE REQUIRE JUST TO PROTECT THE CITY FROM THE EXPOSURE OF, YOU KNOW, BEING THE BAD GUY AND HAVING TO FORECLOSE ON SOMETHING THAT SOMEBODY MAY SAY, HEY, I DIDN'T READ THE PAPERWORK AND I DON'T EVEN KNOW ABOUT THIS, YOU KNOW, IS TO HAVE THIS ONE PAGER THAT WOULD DISCLOSE TO ALL BUYERS OF PROPERTY WITHIN THE P.I.D. THAT THEY WILL BE OBLIGATED TO PAY THESE P.I.D. ASSESSMENTS, AND I WOULD ASK THAT WE MANDATE IT BE A SINGLE-PAGE DOCUMENT WRITTEN IN EASY-TO-UNDERSTAND WORDS INCLUDES THE FOLLOWING, SOMETHING SIMILAR TO IT, ON GOING OBLIGATION TO PAY ANNUAL ASSESSMENTS, THE BUYER NEEDS TO UNDERSTAND THAT THE PROPERTY BUYER IS BUYING IS PART OF A P.I.D. THAT WAS CREATED AT THE DEVELOPER'S REQUEST, AS A RESULT, THE BUYER WILL HAVE TO PAY P.I.D. ASSESSMENTS EVERY YEAR ON TOP OF PROPERTY TAXES THAT THE BUYER WOULD PAY TO THE CITY OF PLANO. TYPICALLY DEVELOPERS PAY THE COST OF CERTAIN INFRASTRUCTURE THAT HAS TO BE BUILT AS PART OF THEIR PROJECT. SUCH DEVELOPERS RECOVER THOSE EXPENDITURES THROUGH THE PURCHASE PRICE SUCH THAT IT IS ESSENTIALLY INCLUDED IN THE PURCHASE PRICE, HA IS NOT THEASE HE. U WILL BE PAYING P.I.D. ASSESSMENTS ANNUALLY ON TOP OF THE PURCHASE PRICE FOR THIS PROPERTY, AND THEN I WOULD ASK THAT ALSO OUR ORDINANCE REQUIRE THAT -- THAT -- THAT THERE BE SOME LANGUAGE IN THE ORDINANCE THAT WOULD MANDATE REQUIREMENT EITHER THROUGH A COVENANT RUNNING WITH THE LAND OR SOME OTHER MECHANISM THAT WOULD REQUIRE DISCLOSURE TO SUBSEQUENT BUYERS NOT JUST THE FIRST BUYER, WHEN THEY SELL TO THE SECOND BUYER, THE THIRD BUYER, DISCLOSURE TO SUBSEQUENT BUYERS THE EXISTENCE OF THESE P.I.D. ASSESSMENTS, ALSO THAT SINGLE PAGE DISCLOSURE BE SIGNED ON THAT SAME SINGLE PAGE BY ALL OWNERS OF THE PROPERTY WHO ARE BUYING THAT PROPERTY, AND I THINK IN THIS WAY WE'LL GO ABOVE AND BEYOND THE EXISTING REQUIREMENTS OF STATE LAW, AND I THINK IT PROTECTS THE CITY, BECAUSE OTHERWISE YOU KNOW, WE COULD END UP BEING THE BAD GUY, YOU KNOW, FORECLOSING -- THERE'S A SENIOR HOUSING DEVELOPMENT HERE, WE COULD END UP FORECLOSING ON SENIORS. I REALLY THINK THIS WILL PROVIDE ADDITIONAL PROTECTION FOM A MORE ROBUST DISCLOSURE POINT OF VIEW, I WOULD ASK THAT WE INCLUDE THIS IN THE ORDINANCE, AND JUST TABLE TO THE NEXT MEETING SO THAT THE STAFF CAN WRITE THIS UP INTO THE ORDINANCE. >> IF I MAY, I'VE SEEN THE STATE REQUIREMENT, IT'S VERY, VERY SIMILAR TO THIS. A COUPLE OF THINGS ON THIS, THEY DON'T PAY US, THEY PAY THE COLLIN COUNTY APPRAISAL DISTRICT. AND SO WE DON'T ACTUALLY GET THE MONEY, IT GOES INTO THE FUND FOR THE P.I.D., AND SO I DON'T KNOW THAT WE HANDLE THE MONEY AT ALL. >> Ricciardelli: OKAY, GOT YA', SO THE LANGUAGE -- AND AGAIN, I'M NOT WEDDED TO THIS LANGUAGE. CLEARLY THAT IS AN ERROR. >> THE STATE REQUIREMENT SINGLE PAGE, THEY TALK ABOUT -- THEY HAVE TO SIGN IT AS PART OF THE WHOLE PROCESS. >> Ricciardelli: OKAY. SO MAYBE THAT IS THE CASE AND SOMEHOW PEOPLE STILL JUST DIDN'T READ WHAT THEY SIGN. >> IF I KNOW THE CASE YOU'RE TALKING ABOUT, IT PRE-DATES THE NEW STATE LAW. >> Ricciardelli: OH, PRE-DATES THE NEW STATE LAW. OKAY. THAT'S HOW THAT OCCURRED. I WAS THINKING PERHAPS -- YOU KNOW, A LOT OF THINGS THAT ARE REQUIRED BY STATE LAW, YOU CAN BURDEN OF PROOFRY THEM I83 PAGES -- >> LIKE IN THE DOWNTOWN ONE, WE DIDN'T HAVE THAT DISCLOSURE. WE NOW WILL BE PUTTING THAT IN THERE, AND SO -- AND NOTICING THE PROPERTY OWNERS WITHIN THE P.I.D. THAT THEY HAVE TO DISCLOSE IT, BECAUSE IT IS A NEW THING SO -- >> Ricciardelli: OKAY. GOT YA'. WELL, VERY GOOD. WELL, THANK YOU FOR THAT INFORMATION PETER. >> SO COUNCILMAN, IT SOUNDS AS IF, I'M MAKING SURE, THERE'S A DISCUSSION GOING BACK AND FORTH, IT SOUNDS AS IF THE STATE LAW COVERS THE ELEMENTS THAT YOU WERE ASKING FOR AS FAR AS DISCLOSURE AND HANDLES THE ELEMENTS YOU WERE OUTLINING OF GENERAL MANAGEMENT AND CONVEYANCE WITHIN THOSE DOCUMENTS, IS THAT CORRECT? >> Ricciardelli: YOU KNOW, IT SOUNDS LIKE IT VERY WELL MAY. I WOULD STILL, YOU KNOW, ASK TO TABLE THIS. I WOULD LOVE TO SEE THAT STATE LAW BEFORE VOTING ON THIS, IF IT REALLY IS GOING TO COVER THIS ISSUE, YOU KNOW, THAT WAS JUST SOMETHING I WAS NOT PREVIOUSLY AWARE OF AND I GUESS WE HADN'T DISCUSSED, SO I WAS UNDER THE IMPRESSION THAT THERE WERE NO -- YOU KNOW, NO REQUIREMENTS TO DO THIS TYPE OF A DCLOSURE. IF THAT'S REALLY WHAT THE STATE LAW REQUIRES, I WOULD HAVE NO FURTHER ISSUES WITH I. >> WOULD A FIVE-MINUTE RECESS FOR YOU TO BE ABLE TO RESEARCH THAT WITH PETER PROVIDE YOU ENOUGH TIME TO -- >> Ricciarelli: CERTAINLY, IF THE STAFF IS ABLE TO PULL IT UP RIGHT AWAY. I HATE TO CAUSE A RECESS -- >> CONFIRMATION. PETER, WHAT YOU'RE SAYING IS AT THIS TIME, DISCLOSURE IS REQUIRED, IT'S MANDATORY UNDER STATE LAW? >> YES. >> AND THAT IS -- IT IS SPECIFICALLY BUILT IN, IN ANY TYPE OF AGREEMENT THAT IS SIGNED? >> YES, WHEN YOU -- THE STACK OF DOCUMENTS, THERE WILL BE A SINGLE PAGE THAT SAYS YOU'RE IN A P.I.D. AND THAT IS A LEVY. >> AND THAT SEPARATELY NEEDS TO BE ACKNOWLEDGED AND SIGNED? >> YES. >> JUST LIKE IN REAL ESTATE TRANSACTIONS WHERE WE'RE REQUIRED TO INITIAL AND SIGN SEPARATE DOCUMENTS -- >> YES. >> -- WITH REGARD TO SPECIAL NOTICE, NOTICE, WARNING. >> RED PAINT, ALL THAT STUFF YES. >> Tu: ALL RIGHT. THANK YOU SO MUCH. APPRECIATE IT. >> FAIRLYUICKLY? >> I BELIEVE CAN, YES. >> Mayor Muns: OKAY, WE'LL TAKE A FIVE-MINUTE BREAK. >> Ricciardelli: THANK Y'ALL. [ ♪ MUSIC PLAYING ♪ ] >> Mayor Muns: RECONVENE. >> Ricciardelli: THANK YOU FOR THAT RECESS. YOU KNOW, I'VE TAKEN -- HAD AN OPPORTUNITY TO TAKE A LOOK AT THE FORMHAT MR. BRASTER -- THE LANGUAGE IS PRETTY STRONG. I WOULD LOVE IT IF THE LANGUAGE WAS EVEN STRONGER, I'M NOT GOING TO ENDEAVOR TO REWRITE TREK FORMS. YEAH, I'M NOT GOING TO TRY TO REWRITE THE TREK FORMS THAT ARE USED THROUGHOUT THE STATE. I'M GOOD WIT, AND READY TO MOVE FORWARD SO -- YEAH. >> Mayor Muns: WILL YOU MAKE THAT MOTION. >> Ricciardelli: SURE, I WILL MOVE TO APPROVE THIS. >> SECOND. >> Mayor Muns: [ INAUDIBLE - NO MIC ] PLEASE VOTE. MOTION PASSES 8-0. ITEM 5? >> City Clerk: ITEM 5, CONSIDERATION OF A RESOLUTION TO APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT RELATED TO THE HAGGARD FARM PUBLIC IMPROVEMENT DISTRICT AND RESOLVING OTHER MATTERS RELATED THERETO. >> THIS ITEM IS -- SORRY, THIS ITEM IS A COMPANION TO THE PREVIOUS ITEM, AND IT IS -- WE ARE PROPOSING THIS DEVELOENT REEMENT INVE A PLACE JUST YET, AND SO THIS WOULD -- IF THAT DOESN'T HAPPEN, OR THE FINANCING DOESN'T HAPPEN, WHOLE BUNCH OF THINGS WE DON'T KNOW TODAY HAPPENS THIS WILL MAKE THE P.I.D. EXPIRE WITHIN TWO YEARS. THE DEVELOPER HASN'T SIGNED THIS YET, BUT THEY HAVE AGREED TO SIGN IT, AND SO THAT'S WHY IT'S HERE BEFORE YOU. YET ANOTHER SAFEGUARD FOR THE CITY MOVING FORWARD. I WOULD BE HAPPY TO ANSWER ANY QUESTIONS. >> Mayor Muns: APPRECIATE IT. ANY QUESTIONS FOR PETER? THANK YOU, PETER. I'LL OPEN THE PUBLIC HEARING -- >> THIS IS NOT A PUBLIC HEARING -- >> Mayor Muns: IT WASN'T? >> NOPE. >> Mayor Muns: -- >> TWO IS ENOUGH, CLOSE IT. [ LAUGHTER ] >> Mayor Muns: ALL RIGHT. SO DO I HAVE A MOTION TO APPROVE THE RESOLUTION? >> Ricciardelli: MOTION TO APPROVE. >> SECOND. >> Mayor Muns: I HAVE A MOTION AND A SECOND TO APPROVE AGENDA ITEM NUMBER 5. PLEASE VOTE. MOTION PASSES 8-0. THANK YOU. >> THANK YOU. >> Mayor Muns: ITEM 6? >> City Clerk: ITEM 6, CONSIDERATION TO APPROVE A PUBLIC INFRASTRUCTURE EASEMENT ACQUISITION AGREEMENT BY AND BETWEEN THE CITY OF PLANO, TEXAS, AND PLANO MALL OWNER LP, A DELAWARE LIMITED PARTNERSHIP, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS. >> GOOD EVENING, PETER BRASTER, DIRECTOR OF SPECIAL PROJECTS. THIS IS MY LAST ITEM FOR THE NIGHT. THIS IS AN AGREEMENT TO PURCHASE RIGHT OF WAY WITHIN THE ASSEMBLY PARK DEVELOPMENT. THIS RIGHT OF WAY PURCHASE WOULD BE FUNDED BY 2013 BOND MONEY. THIS IS TO SUPPORT THE REDEVELOPMENT OF RETAIL, WHICH THE PROJECT DOES -- QUALIFIED. IT IS A STRAIGHT PURCHASE OF EASEMENTS WITH IMPROVEMENTS. IN YOUR PACKAGE, YOU SEE MAPPING OF THE DIFFERENT ITEMS THAT WE ARE ACQUIRING, WATER LINES, SEWER, THAT KIND OF THING. THE ACTUAL IMPROVEMENT COST, THE SITE WORK, IS ABOUT 1.3 MILLE THAT MUCH -- THE PROPERTY EASEMENT THEMSELVES IS THE REMAINING AMOUNT TO GET UP TO 2.3 MILLION. I DON'T BELIEVE I HAVE ANYTHING ELSE, W BUT I'M HAPPY TO ANSWER ANY QUESTIONS, AND THE DEVELOPER IS ALSO HERE. >> Mayor Muns: ALL RIGHT, THANK YOU. ANY QUESTIONS FOR PETER? THANK YOU, PETER. I NOW OPEN THE PUBLIC HEARING -- >> THIS IS NOT A PUBLIC HEARING. [ LAUGHTER ] SORRY. >> Mayor Muns: YES, IT >> PUBLIC INFRASTRUCTURE, NOT PUBLIC HEARING -- >> Mayor Muns: ONCE AGAIN, I GOT BAD INFORMATION, RIGHT HERE. RIGHT HERE. MY MISTAKE. >> LET'S CLOSE IT -- >> Mayor Muns: LET'S GO AHEAD AND CLOSE IT. [ LAUGHTER ] >> Smith : MOTION TO APPROVE. >> Mayor Muns: THANK YOU. >> Smith : YOU'RE WELCOME. >> Mayor Muns: DO I HAVE A SECOND. >> Grady: SECOND. >> Mayor Muns: THANK YOU, I HAVE A MOTION AND A SECOND TO APPROVE AGENDA ITEM 6. ANY QUESTIONS? COMMENTS? PLEASE VOTE. MOTION PASSES 7-0. MR. RICCIARDELLI DID NOT VOTE. ABSTAINED. EXCUSE ME. THERE BEING NO FURTHER BUSINESS, WE'RE ADJOURNED.