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UH, NOW DECLARED THE PLAINTIFF CITY COUNCIL IS RECONVENED AN OPEN SESSION THAT ALL MEMBERS ARE PRESENT.
WE'LL BEGIN TONIGHT'S REGULAR MEETING WITH THE INVOCATION LED BY COUNCIL MEMBER RICK ELLI IN THE PLEDGE ALLEGIANCE AND TEXAS PLEDGE LI, LED BY COUNCIL MEMBER GRADY, WOULD YOU PLEASE STAND? LORD, THANK YOU FOR BRINGING US HERE TONIGHT.
TOGETHER WE PRAY FOR WISDOM AND DISCERNMENT TO MAKE GOOD DECISIONS.
LORD, WE PRAY THAT WE WOULD ALL HAVE GRACE FOR ONE ANOTHER.
AND WE KNOW THAT YOUR WORD SAYS THAT HOW GOOD AND PLEASANT IT IS WHEN BROTHERS LIVE IN HARMONY.
WE PRAY THAT WE WOULD ALL MAKE DECISIONS IN A WAY THAT PROMOTE HARMONY AND TREAT EACH OTHER IN A WAY THAT PROMOTES HARMONY.
WE PRAY THAT WE WOULD LEAD WITH STRENGTH, COURAGE, FAITH, OBEDIENCE.
AND LORD, WE KNOW THAT YOUR WORD SAYS BLESSED ARE THE PEACEMAKERS.
SO WE PRAY THAT ALL OF US IN OUR ACTIONS WOULD, WOULD BE PEACEMAKERS IN OUR COMMUNITY.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL, HONOR THE TEXAS FLAG.
I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD, ONE AND INDIVISIBLE.
WE'LL CONTINUE ON WITH THE, UH, PRELIMINARY OPEN AND THE SPEAKERS WITH ELENA BORK.
MY NAME IS ELENA BURKE AND I'VE LIVED IN MY PLANO HOME FOR 29 YEARS.
I'VE NEVER HAD TO CALL THE POLICE ON A NEIGHBOR.
NOT SO FOR MANY OF MY FELLOW CITIZENS AND IN MY NEIGHBORHOOD WHO LIVE NEAR A SHORT TERM RENTAL, UH, YOU'VE ALREADY HEARD, AND I'M SURE YOU'RE AWARE OF ALL THE THINGS THAT HAVE HAPPENED OF LATE, UM, IN OUR AREA IN DALLAS, THE PROSTITUTION RING, SEX TRAFFICKING, DRUGS, UM, FOX NEWS TEEN GIRL SHOP DURING PARTY TAKING PLACE IN A SHORT TERM RENTAL AND MESQUITE AIRBNB.
BLOOMBERG REPORTS IS SPENDING MILLIONS OF DOLLARS TO MAKE NIGHTMARES GO AWAY.
ONE STORY MENTIONED WAS A WOMAN WHO'D BEEN PAID 7 MILLION BY AIRBNB AFTER BEING RAPED IN A NEW YORK CITY SHORT-TERM RENTAL.
CHICAGO POLICE FOUND 200 PEOPLE FILMING A MUSIC VIDEO AT A SHORT-TERM RENTAL BECAUSE HEY, YOU DON'T WANNA PAY THE, UH, FEES FOR, UM, GETTING THE RIGHTS TO, UH, FILM SOMEWHERE.
SO THAT'S AN EASY, UH, EASY FIX.
W F A A FOUND A SURVEY OF 80% OF DALLAS RESIDENTS DO NOT WANT TO LIVE NEXT TO A SHORT-TERM RENTAL.
AND I HAVE TO INCLUDE MYSELF IN THAT GROUP.
THEY FIND THAT SHORT-TERM RENTERS HAVE NO STAKE IN THE COMMUNITY, NO REASON TO CARE HOW THE NEIGHBORHOOD AROUND THEM SUFFERS FROM THEIR VACATION ACTIVITIES.
C BS FINDS PLANO HOUSE PARTIES SHOOTING HIGHLIGHTS, NEIGHBORS CONCERNS ABOUT SHORT-TERM RENTAL OWNED BY A COMMERCIAL COMPANY, ENTITIES THAT DON'T EVEN LIVE IN THE STATE.
ABC IN 2023 FOUND THAT TEENS SHOT DURING A HOMECOMING PARTY AT A SHORT-TERM RENTAL IN KATY, TEXAS.
THERE WERE UPWARDS OF 200 TEENS IN THE HOME.
NORTHEASTERN UNIVERSITY STUDY FINDS AIRBNB RAISES VIOLENT CRIME IN CITIES AS LONG-TERM RESIDENTS ARE PUSHED OUT.
WALL STREET JOURNAL AIRBNB WARNS SHAREHOLDERS THAT ITS SUCCESS DEPENDS ON MANAGING UNFAVORABLE LOCAL LAWS IN THE FACE OF ANGRY NEIGHBORS.
I KNOW THAT THERE ARE REASONABLE AND ETHICAL PEOPLE OWNING S STRS.
THEY JUST DON'T BELONG IN IN SINGLE FAMILY RESIDENCES, RESIDENTIAL NEIGHBORHOODS.
AND I WANNA SAY THAT NONE OF YOU WOULD WANT TO LIVE NEXT TO ONE.
THE NEXT SPEAKER IS ROB ENGLES, FOLLOWED BY TRACY REVEAL SHIPMAN.
GOOD EVENING MAYOR AND CITY COUNCIL.
LET ME START BY LOOKING AT THE STRATEGIC VISION FOR THE CITY OF PLANO.
AND IT SAYS, PLANO IS A GLOBAL ECONOMIC LEADER, BONDED BY A SHARED SENSE OF COMMUNITY WHERE RESIDENTS EXPERIENCE UNPARALLELED QUALITY OF LIFE.
YOU AS A COUNCIL AND THE COUNCIL DEC KING BEFORE YOU SHOULD BE COMMENDED.
PLANO IS ONE OF THE BEST BUSINESS PLACES TO RELOCATE YOUR BUSINESS.
IT'S ONE OF THE BEST PLACES TO LIVE IN THE UNITED STATES OF AMERICA.
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ARE TO BE COMMENDED FOR HAVING A CITY THAT H END STATURE.I'M A PROUD PERSON TO BE PART OF PLANO.
A COUPLE THINGS IN THAT VISION.
SAFE, VIBRANT, NEIGHBORHOODS, COLLABORATIVE, PUBLIC SAFETY, EXCELLENT, INNOVATIVE, AND ACCOUNTABLE CITY GOVERNMENT, DEVELOPING AND IMPLEMENTING INNOVATIVE SOLUTIONS.
AND LASTLY, RESIDENTIAL AND COMMERCIAL ECONOMIC VITALITY, BUSINESS RETENTION AND ATTRACTION.
WE ARE CURRENTLY RANKED NUMBER THREE IN THE COUNTRY AS A GREAT PLACE TO LIVE.
I'LL SUBMIT TO YOU, WE WON'T STAY IN THE TOP FIVE IF WE DO NOTHING.
SOME OF YOU HAVE YOUR LEGACIES WRITTEN THIS COMING MAY.
SOME WILL HAVE YOUR LEGACIES WRITTEN TWO YEARS FROM NOW, YOU CAN DECIDE WHAT THAT LEGACY'S GONNA BE.
WERE YOU THE CITY COUNCIL THAT KEPT PLANO IN THE TOP FIVE OR WERE YOU THE CITY COUNCIL THAT MADE IT JUST A RANKING? YOU'VE HEARD EVERYONE SPEAK TO YOU ABOUT THE PLUSES OF HAVING SOME TYPE OF ORDINANCE.
THIS IS TRULY A PHENOMENA THAT WILL NOT REGULATE ITSELF.
THE CITY COUNCIL IS EMPOWERED BY ITS VOTERS TO MAKE THOSE DIFFICULT DECISIONS.
I ENCOURAGE YOU TO DO IT AS I USED TO TELL EVERY SALESPERSON THAT USED TO REPORT TO ME IN MY MANAGEMENT CAREER.
YOU ONLY HAVE A FEW TIMES IN YOUR BUSINESS LIFE OR YOUR PERSONAL LIFE WHEN YOU CAN DO THE RIGHT THING, YOU HAVE A CHANCE TO DO THE RIGHT THING.
MY NAME IS TRACY REVEAL SHIPMAN AND I LIVED IN PLANO FOR SEVEN YEARS.
BOTH OF MY BOYS WERE BORN HERE, AND MY OLDEST IS THE YOUNG MAN RIGHT NEAR WHOSE HOUSE AND SENSE OF SECURITY WAS SHATTERED TWO WEEKS AGO WHEN A BULLET FLEW THROUGH HIS FRONT WINDOW.
SO I AM A GRAMMY OF A THREE-YEAR-OLD, BUT I'M ALSO A PEER AND COLLEAGUE BECAUSE I'VE SAT IN YOUR CHAIRS BEFORE.
I WAS A FORMER CITY COUNCIL MEMBER IN FRISCO AND MAYOR PROAM.
AND LIKE YOU, I HAVE TAKEN THE OATH OF OFFICE AND I SWORE TO PRESERVE, PROTECT, AND DEFEND THE CONSTITUTION AND THE LAWS OF THE UNITED STATES, OF OUR STATE OF TEXAS, AND OF OUR LOCAL CITY CHARTER.
ALSO TO UPHOLD OUR ORDINANCES AS THE KEEPERS OF OUR COMMUNITY'S LAWS.
AND IN ACCORDANCE WITH OUR CHARTER, WE ARE WHERE THE BUCK STOPS.
WE ARE RESPONSIBLE FOR PASSING RESPONSIBLE ORDINANCES FOR THE PROTECTION AND MAINTENANCE OF GOOD GOVERNMENT PEACE AND WELFARE OF OUR CITY FOR THE ORDER AND SECURITY OF ITS RESIDENTS.
STRAIGHT OUT OF YOUR CHARTER AND FRISCO'S AS WELL.
FRIENDS KNOW WHERE IN OUR CITY CHARTERS OR THE OATH OF OFFICE DOES IT SAY, TO PROTECT THE REVENUE OF PROFITEERS AND THOSE PROFITEERS WHO OPEN AND OPERATE IRRESPONSIBLE, UNRESPONSIVE, AND UNACCOUNTABLE HOTELS NEXT TO HOMES.
PLEASE PRIORITIZE THE HEALTH, WELFARE, AND SAFETY OF THE PEOPLE WHO HAVE CHOSEN TO MOVE TO PLANO TO BUILD THEIR HOMES FOR THE VERY FIRST TIME.
PEOPLE WHO HAVE CHOSEN TO LIVE, RAISE FAMILIES, AND RETIRE IN THIS COMMUNITY OF EXCELLENCE.
PLEASE PROTECT GRANDDAUGHTERS LIKE MINE AND PLACE YOUR RESIDENCE OVER PROFITEERS.
REMOVE SHORT-TERM RENTALS FROM RESIDENTIAL NEIGHBORHOODS.
THANK YOU ALL FOR YOUR HARD WORK.
THE NEXT SPEAKER IS MARK CHURN SCH AND FOLLOWED BY BARRA, FRANCE.
THANK YOU MAYOR MUNK AND COUNCIL FOR SERVING THE CITY SO WELL AND FOR ALLOWING ME TO SPEAK ON THE SHORT TERM RENTAL ISSUE.
I KNOW YOUR JOB IS NOT AN EASY ONE.
MY WIFE AND I LIVE OVER IN PLANO.
ON BEHALF OF ALL RESPONSIBLE SHORT-TERM RENTAL OWNERS AND GUESTS WE'RE SINCERELY SORRY FOR ANY PROBLEMS TRAVEL THAT SOME PLANO RESIDENCE HAVE EXPERIENCED.
WE'VE OWNED ONE OR TWO OTHER RENTAL PROPERTIES FOR ABOUT 15 YEARS AND A SHORT-TERM RENTAL FOR ABOUT TWO YEARS.
WE HAVE HAD ZERO COMPLAINTS OR PROBLEMS WITH OUR SHORT-TERM RENTAL.
THE VAST MAJORITY OF AIRBNB AND VERBAL GUESTS ARE REGULAR PEOPLE LIKE YOU AND ME SIMPLY WANT TO GET AWAY FOR A LITTLE BIT.
HERE'S A QUICK OVERVIEW OF POLICE CALLS.
IN 2022, THERE WERE APPROXIMATELY 8,200 CALLS FOR SERVICE CITYWIDE 140.
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ONE OF THOSE WERE SHORT-TERM RENTALS, 1.7%.58 OF THESE CALLS WERE TO SIX SHORT-TERM RENTALS.
CITYWIDE 26 CALLS WERE TO ONE PROPERTY 0.3%.
THE PROBLEM IS NOT SHORT TERM RENTALS.
IT'S MANAGEMENT OF THOSE RENTALS ON AIRBNB AND VRBO.
THE OWNER SETS THE RULES, AGE LIMIT, LENGTH OF STAY, HOW MANY PEOPLE IN THE HOME WHERE THEY PARK PARTIES AREN'T ALLOWED.
GUESTS ARE RESPONSIBLE TO FOLLOW THE RULES AND ORDINANCES.
WE GIVE OUR NEIGHBORS OUR PHONE NUMBERS IF THERE'S ANY ISSUES THEY'RE TAKEN CARE OF.
IF YOU HAVE A LONG-TERM RENTAL AND A PROBLEM TENANT, IT'S VERY HARD TO EVICT THEM.
EXAMPLE, 98.3% OF ALL CALLS WERE LOCATIONS.
UH, WHERE THE OWNER OR BUSINESS OR OCCUPIES NOT TO SHORT-TERM RENTALS, TICKETING, FINDS ENFORCEMENT FOR NOISE OR OTHER VIOLATIONS, THAT'S A SOLUTION.
WE'VE WORKED AND PAID PROPERTY TAXES ALL OUR LIFE.
LIKE MOST OF YOU HERE OWNING STR AS PART OF A RETIREMENT PLAN, WE PLAN TO SPEND PART OF THE YEAR IN PLANO, THE REST OF YEAR TRAVELING.
PLEASE DON'T PUNISH 99% OF ALL REGULAR PEOPLE LIKE US WHO OWN ONE SHORT-TERM RENTAL JUST BECAUSE OF FEW BADS.
HI, MY NAME IS BARBARA FRANCE AND WE BOUGHT OUR HOME IN PLANO 26 YEARS AGO TONIGHT.
I JUST WANNA QUICKLY ADDRESS, UH, THE PROPERTY RIGHTS ARGUMENT.
R INVESTORS HAVE ARGUED THAT THIS IS MY HOME AND I CAN DO WHATEVER I WANT TO WITH IT.
YOU DON'T GO OUTSIDE AFTER WORK, GET YOUR MAIL WAVE AT YOUR NEIGHBORS, SEND YOUR KIDS TO SCHOOL FOR YOU.
THIS IS JUST A BUILDING THAT YOU PURCHASE TO RUN A BUSINESS.
A BUSINESS THAT OPERATES VERY MUCH LIKE A HOTEL.
SECOND, I CAN DO WHATEVER I WANT TO WITH MY PROPERTY.
LAND USE IS THE WHOLE REASON WE HAVE A PLANNING AND ZONING COMMISSION TO DEFINE WHAT IS ALLOWED AND WHAT IS NOT ALLOWED.
WHAT ABOUT OUR PROPERTY RIGHTS? THE PROPERTY RIGHTS OF RESIDENCE? WE PURCHASED OUR HOMES WITH THE ASSUMPTION THAT OUR PROPERTY RIGHTS WOULD BE PROTECTED, PROTECTED THROUGH ZONING AND THE ENFORCEMENT OF ORDINANCES.
SO WE WOULDN'T HAVE TO LIVE NEXT TO A BAR OR A RESTAURANT OR A HOTEL.
THE SOLUTION IS SIMPLE DEFINED SHORT-TERM RENTALS AS WHAT THEY CLEARLY ARE COMMERCIAL PROPERTIES AND END SHORT-TERM RENTALS IN RESIDENTIAL AREAS.
THE LAST SPEAKER IS DENISE MIDGLEY.
OKAY THEN I GUESS WE ARE DONE.
SO, UH, THE DISCUSSION AND DIRECTION OF SHORT-TERM RENTALS IS ON THE PRELIMINARY OPENING MEETING, SO WE CAN GET SOME DIRECTION IN REGARD TO, UH, PUTTING IT ON THE REGULAR AGENDA FOR, UH, UH, MAKING DECISIONS.
SO, UH, I THINK THE FIRST THING WE WILL DO IS LET CHRISTINA DAY WITH THE PLANNING DEPARTMENT KIND OF GIVE US AN OVERVIEW.
GOOD EVENING, MAYOR COUNSEL, EXECUTIVES.
AS SOON AS I FORWARD TO THE SLIDES HERE, I WILL.
OR MAYBE I'LL LET THE, UH, PLANO TELEVISION NETWORK POKES HELP ME WITH THAT.
SO THIS PRESENTATION IS PARTIALLY BY ME AS WELL AS OUR CITY ATTORNEY PAGE.
MIMS IS GOING TO BE COVERING A PORTION OF THIS AS WELL.
THERE'S SOME LEGAL INFORMATION HERE.
SO I'LL START OFF WITH SOME BACKGROUND INFORMATION.
UM, THE SHORT-TERM RENTAL PRESENTATIONS HAVE BEEN, UH, BEFORE THE CITY COUNCIL OPENLY SINCE 2020.
THERE WERE A FEW EXECUTIVE SESSIONS BEFORE THAT, BUT WE'VE BEEN TALKING ABOUT THIS ISSUE FOR A FEW YEARS NOW.
UM, VARIOUS UPDATES HAPPENED THE LAST YEARS, UM, BUT THE KIND OF MORE MODERN ERA REALLY STARTED IN OCTOBER OF 2022, WHERE COUNCIL DIRECTED STAFF TO LOOK AT A REGISTRATION PROGRAM,
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UH, IMPLEMENT A PROCESS TO CONSIDER ORDINANCE CHANGES.AND OUR MODEL WAS, UH, TO LOOK AT ARLINGTON, TEXAS.
UM, WE THEN, UH, AT THE NOVEMBER 14TH MEETING, CON BROUGHT FORWARD A REGISTRATION ORDINANCE, BUT THAT WAS THEN TABLED TO A FUTURE MEETING.
THERE WAS AN UPDATE GIVEN TO THE PLANNING AND ZONING COMMISSION ALSO IN NOVEMBER OF 22.
THEN WE PROVIDED AN ADDITIONAL UPDATE TO COUNSEL IN JANUARY OF THIS YEAR.
AND AT THE LAST COUNCIL MEETING IN FEBRUARY ON THE 27TH, UH, COUNCIL'S, UH, THE COUNCIL MEMBER REQUESTED THAT AN ORDINANCE RESTRICTING SHORT-TERM RENTALS BE BROUGHT FORWARD AT THE APRIL 10TH MEETING.
AND THE CITY MANAGER THEN SUGGESTED AN ITEM ON TONIGHT'S AGENDA SO THAT WE COULD DISCUSS THE CONTENT.
SO AN UPDATE ON, UM, WHAT WE'VE BEEN DOING SINCE JANUARY 23RD, WHICH IS WHEN WE HAD OUR LAST UPDATE, DECKER TECHNOLOGIES.
WE HAVE SIGNED A CONTRACT WITH THEM.
WE'VE BEEN LOOKING THROUGH THAT DATA.
WE HAVE 3,600 DATA POINTS, SO THAT MEANS INDIVIDUAL LISTINGS.
UM, AND SO MANY OF THESE ARE DUPLICATIVE OR INACTIVE WHERE IT'S A SLOW PROCESS TO CALL THROUGH LOOKING, BASICALLY COMPARING PICTURES OF EACH OF THESE LISTINGS TO SEE WHETHER THE SAME.
SO AS OF MARCH 6TH, UH, IT'S ABOUT 50% COMPLETE.
UM, WE HAVE VERIFIED THAT THE VERIFIED DATA THAT WE HAVE TO DATE HAS ACTUALLY BEEN INCORPORATED INTO THE CAD SYSTEM, WHICH IS COMPUTER AIDED DISPATCH.
SO WHEN PEOPLE PLACE A CALL TO NINE ONE ONE OR, UH, EVEN TO THE, UM, NON-EMERGENCY NUMBER, WE KNOW THE POLICE CAN OBTAIN THAT ACCURATE INFORMATION OF SOMETHING THAT'S BEEN LABELED AS A SHORT TERM RENTAL.
SO, TO DATE, WE HAVE 346 STR R PROPERTIES THAT HAVE BEEN VERIFIED AND IDENTIFIED THROUGH THIS PROCESS.
HOW, OR I WANNA BE VERY CLEAR THAT JUST BECAUSE WE'RE 50% COMPLETE DOESN'T MEAN YOU SHOULD JUST DO DOUBLE THAT NUMBER.
WE DON'T KNOW WHAT'S GONNA COME OUT OF THE OTHER HALF OF THIS PROCESS.
SO, UM, WE ARE STILL ACTIVELY DOING THAT.
WE ALSO HAVE 64 PREVIOUS STR THAT HAVE BEEN IDENTIFIED THROUGH THE EARLY PART OF THE PROCESS.
SO 410 HAVE BEEN IDENTIFIED IN TOTAL, BUT 346 THAT ARE ACTIVE.
SO THIS CHANGES DAILY AS, UM, OR MAY CHANGE DAILY AS LISTINGS ARE ADDED OR REMOVED.
WE'RE TRACKING IT, AND WE HOPE TO HAVE A FULL ACCOUNTING SOON.
WE'VE REACHED OUT TO DECKERT, HOPING TO GET A, A TIMELINE FOR THAT, BUT WE JUST AREN'T ABLE TO PROVIDE AN EXACT TIMELINE AT THIS TIME.
WE ALSO HAVE A CONTRACT WITH GAP STRATEGIES FOR PUBLIC OUTREACH AND SUPPORT.
UM, WE HAVE HELD AN INTERNAL MEETING ON MARCH 2ND TO INITIATE THAT PROCESS.
UM, WE ARE REVIEWING A TIMELINE AND SURVEY QUESTIONS.
THAT'S OUR FIRST KIND OF, UH, KICKOFF OF THE PROCESS IS TO LOOK AT THAT TIMELINE.
WHAT IS THIS GONNA LOOK LIKE? WHAT ARE, WHAT ARE WE DOING? UM, OBVIOUSLY I HAVE TO ESTABLISH THAT FIRST.
AND THEN, UH, SURVEY QUESTIONS BEING ONE OF OUR FIRST STEPS IN THE PROCESS.
SO THEY HAVE PROVIDED THAT TO US.
OUR COMMENTS ARE DUE BACK TO THEM ON THE 22ND, AND WE ARE MEETING WITH THEM THIS WEEK TO GIVE THEM AN UPDATE ON THE OUTCOMES OF THIS MEETING AND, UM, JUST THE PROCESS MOVING FORWARD.
SO THAT'S WHERE WE ARE WITH GAP STRATEGIES.
WE ANTICIPATE, UM, THAT THIS GOOD, A GOOD SOLID PUBLIC OUTREACH PROCESS, I THINK, UM, WILL TAKE A NUMBER OF MONTHS TO, BECAUSE YOU REALLY WANT IT TO BE AN ITERATIVE PROCESS WHERE YOU'RE LISTENING.
UM, THEN YOU GO BACK TO THE PUBLIC WITH PROPOSED SOLUTIONS, MULTIPLE OPTIONS.
UM, YOU GET FEEDBACK ON THOSE PROPOSED SOLUTIONS.
SO AGAIN, THAT PROCESS WILL, WILL TAKE SOME TIME TO DO.
SIMILAR AGAIN TO THE ARLINGTON PROCESS.
SO ANOTHER CONSIDERATION, ZONING AMENDMENT TIMELINES, WHILE A REGULAR ORDINANCE AMENDMENT TO THE CODE OF ORDINANCES CAN BE PROVIDED TO THE COUNCIL RELATIVELY QUICKLY.
ZONING ORDINANCE AMENDMENTS ARE A LITTLE DIFFERENT.
THEY HAVE VARIOUS PRESCRIPTIVE STANDARDS BOTH IN, UH, THE CITY'S, UH, ZONING ORDINANCE AS WELL AS STATE LAW.
WE NEED TO CALL A PUBLIC HEARING AT LEAST 36 DAYS PRIOR TO CONSIDERATION BY THE PLANNING AND ZONING COMMISSION THAT'S IN OUR ORDINANCE.
SO AGAIN, THAT ADDS TO THE TIMELINE.
I THINK THIS IS BECAUSE ZONING ORDINANCE CHANGES OUR MODIFYING PROPERTY RIGHTS.
SO IT IS A VERY DELIBERATIVE PROCESS INTENTIONALLY.
SO TYPICALLY ZONING CASES INCLUDE AN ADDITIONAL THREE WEEKS BETWEEN P AND Z CONSIDERATION AND COUNSEL CONSIDERATION.
UM, THERE'S AN ADDITIONAL NOTICE PROVIDED
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DURING THAT TIMEFRAME AND OPPORTUNITY FOR ADDITIONAL COMMENTS.SO THAT IS NOT A MANDATORY TIMEFRAME.
WE CAN DO WHAT'S CALLED A DOUBLE NOTICE, WHICH ALLOWS A JOINT MEETING OF P NZ AND COUNSEL.
AND SO WE CAN ESSENTIALLY NOTIFY FOR P AND Z CONSIDERATION AND COUNSEL CONSIDERATION AT THE TI SAME TIME.
AND THAT STILL WOULD REQUIRE THE 36 DAYS, BUT IT DOESN'T REQUIRE THE ADDITIONAL THREE WEEKS.
SO THAT BEING THE CASE, THE TIMELINE, IF P AND Z WERE TO CALL A PUBLIC HEARING AT THEIR MEETING ON THE 20TH, UM, WHICH WE WOULD BE ABLE TO AGENDA THIS MONTH, THEN WE COULD HAVE A JOINT SESSION ON MAY THE EIGHTH.
UM, IF WE WERE TO CONSIDER SEPARATELY, IT WOULD BE MAY THE FIRST FOR P AND Z AND MAY THE 22ND FOR CITY COUNCIL.
SO THOSE ARE SOME SAMPLE TIMELINES OF KIND OF THE QUICKEST WE COULD GET SOMETHING, UM, THROUGH THE ZONING PROCESS.
AND THAT'S WITHOUT CONSIDERING THE PUBLIC FEEDBACK PROCESS THAT WE'RE DOING WITH GAP STRATEGIES.
SO PENDING LEGISLATION, THERE IS A HOUSE BILL, UH, WITH THE STATE LEGISLATURE THAT IS, UH, PENDING RELATED TO SHORT-TERM RENTALS.
IT WOULD PREEMPT OUR LOCAL ZONING ACTION BECAUSE IT WOULD SPECIFICALLY ALLOW SHORT-TERM RENTALS.
UM, THERE WOULD BE A LIMITATION TO THE LEG.
THE REGULATION THAT WE COULD PROVIDE IF THE STATE LAW WERE TO PASS IT WOULD ALLOW US TO HAVE REGISTRATION AND TO UPDATE THAT REGISTRATION.
IT WOULD ALLOW US TO, UH, TAX AND HANDLE THE PAPERWORK FOR THAT.
UM, IT WOULD ALLOW US TO PROVIDE PENALTIES FOR VIOLATION ON NOISE, PARKING AND TRASH DISPOSAL AS LONG AS THOSE STANDARDS ARE UNIFORMLY APPLICABLE TO ALL RESIDENTIAL USES.
SO WE CAN'T JUST SAY THERE'S ONE STANDARD FOR SHORT-TERM RENTALS AND ANOTHER FOR OTHER RESIDENTIAL USES.
WE HAVE TO MAKE IT EQUAL ACROSS THE BOARD.
SO AGAIN, I'M NOT SURE HOW THIS HOUSE BILL WILL WORK ITS WAY THROUGH THE PROCESS OR NOT, BUT WE WANTED TO UPDATE YOU.
UM, THERE'S SOME OTHER LANGUAGE IN THERE THAT LIMITS THE FEES THAT COULD BE CHARGED.
UM, BUT THIS, AGAIN, WE'LL SEE HOW THIS, WE'RE TRACKING THIS THROUGH THE, THROUGH THE LEGISLATURE AND WE'LL SEE HOW THIS, UM, PROCEEDS.
SO WITH THAT, I WILL TURN IT OVER TO THE CITY ATTORNEY FOR THANK YOU.
CHRISTINA, CAN YOU FORWARD SLIDES FOR ME? CERTAINLY.
SO MAYOR AND COUNSEL, AS YOU KNOW, WE HAVE A LOT OF GUIDANCE FROM COURT DECISIONS AND REGULATING SHORT-TERM RENTALS.
AND THESE SLIDES ARE FROM A PRESENTATION THAT WAS PRESENTED BY OUR OUTSIDE COUNSEL, RICHARD ABERNATHY, TO YOU LAST YEAR.
AND THERE'S JUST SOME ADDITIONAL INFORMATION ON SOME DIFFERENCES BETWEEN ARLINGTON AND PLANO.
SO WHAT REGULATIONS ARE LEGALLY DEFENSIBLE? UM, WE KNOW THAT REGISTRATION AND LICENSING, UM, HAS BEEN UPHELD AND WE CAN REQUIRE SAFETY GUIDELINES REQUIRE PEOPLE TO ESTABLISH A POINT OF CONTACT AND RESPOND WITHIN A CERTAIN AMOUNT OF TIME IF THERE'S COMPLAINTS.
BUT WE HAVE TO AVOID CREATING SPECIAL RULES THAT ONLY APPLY TO SDRS.
FOR EXAMPLE, A LICENSING REGULATION CANNOT BE USED TO REVOKE A LICENSE FOR A SINGLE NOISE COMPLAINT OR IMPLEMENT UNCONSTITUTIONAL CONDITIONS FOR ISSUANCE.
AND THERE, WE KNOW NOW THAT THERE'S NO PROPERTY, RIGHT IN A LICENSE RENEWAL.
THE FIFTH CIRCUIT CAME OUT WITH A CASE, AND THAT IS THE COURT THAT, UH, THE APPELLATE COURT THAT GOVERNS OUR JURISDICTION.
AND IT SAID THERE IS NO PROPERTY RIGHT IN A LICENSE.
AND THAT'S A CITY OF NEW ORLEANS CASE.
UM, AND WE KNOW THAT ANY FEE OR FINE FOR REGISTRATION OR COMPLIANCE MUST BE REASONABLE AND NOT EXCESSIVE TO BE CONSTITUTIONAL.
SO WHAT REGULATIONS ARE LEGALLY DEFENSIBLE IF THEY'RE SUPPORTED BY DATA? AS WE CAN ZONE IN, WE MUST GO THROUGH THE STANDARD ZONING PROCESS, HAVE A REVIEW BY P N Z, AND NOTICE IN PUBLIC HEARING, AND AS CHRISTINA POINTED OUT, WE CAN KIND OF DO THAT CONSECUTIVELY TO ME MOVE UP THE TIMELINES.
UM, BUT IF AN S D R USE EXISTS IN AN AREA THAT LATER BECOMES RESTRICTED THROUGH ZONING, WE NEED TO RECOGNIZE THE PREEXISTING USES BECAUSE WE HAVE NOT BEEN REGULATING IN THIS AREA.
AND THAT'S KNOWN AS GRANDFATHERING.
WHY IS THAT? BECAUSE OF CONSTITUTIONAL TAKINGS CLAIMS. CONSTITUTIONAL RETROACTIVITY CLAIMS. WE KNOW THAT THE CITY OF BOSTON TRIED TO PHASE OUT A CERTAIN CLASS OF S T R USES OVER TIME, AND THAT WAS DETERMINED BY THE COURT TO BE CONSTITUTIONALLY RETROACTIVE AND THEN ALSO CONSTITUTIONAL DUE PROCESS CLAIMS. SO WE HAVE Y'ALL BEEN CONTACTED AND WE KNOW THAT ARLINGTON DID NOT GRANDFATHER AND WERE ASKED OFTEN, YOU KNOW, WHY DID THAT HAPPEN? WHAT WE KNOW IS THAT ARLINGTON HAD
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REWRITTEN THEIR UNIFIED DEVELOPMENT CODE IN 2014 WAY BEFORE THEY CONSIDERED STR.THEY HAD A GLOBAL REWRITE AND THEY PUT IN A SPECIFIC DEFINITION PROHIBITING STR R IN SINGLE FAMILY RESIDENTIAL.
AND, UM, IT WHAT WAS ACTUALLY IN ALL RESIDENTIAL, BUT ENDED UP BENEFITING THEM AND NOT GRANDFATHERING AND SINGLE FAMILY.
SO, UM, YOU CAN SEE THERE THAT THEY HAD A HOUSEHOLD LIVING DEFINITION THAT SAID TENANCY IS MONTH TO MONTH.
AND THAT LODGING WHERE TENANCY IS ARRANGED FOR A PERIOD OF LESS THAN 30 DAYS, IS CLASSIFIED UNDER LODGING FACILITIES.
SO THEY HAD SPECIFIC DEFINITIONS THAT AFTER THEY WENT THROUGH THEIR S STR R PROCESS, THEY RELIED ON TO INDICATE THAT THAT USE HAD BEEN PROHIBITED IN SINGLE FAMILY NEIGHBORHOODS.
WHAT THEY ALSO DID, THE COUNCIL IN ARLINGTON WAS STILL, EVEN THOUGH THE USES WERE ILLEGAL IN SINGLE FAMILY, THEY ALLOWED A PERIOD OF TIME FOR PEOPLE TO, UM, RECOVER THE RENTALS THAT THEY HAD BOOKED FOR.
I CAN'T REMEMBER THE TIMEFRAMES, BUT THEY WERE SHORT TIMEFRAMES TO KIND OF LET THEM RUN THAT OUT UNTIL THEY STARTED ENFORCING THEIR ORDINANCE.
SO WHAT CAN THE CITY DO? UM, WE COULD DEVELOP A NUISANCE ORDINANCE.
SO A LOT OF THE COMPLAINTS THAT YOU'RE HEARING ARE ABOUT THE SHOOTINGS AND THE ILLEGAL ACTIVITIES THAT ARE GOING ON AT THIS, THESE PROPERTIES.
AND WE DO HAVE OTHER LAWS THAT CAN DEAL WITH THOSE, BUT WE COULD HAVE A NUISANCE ORDINANCE.
WE'D NEED TO APPLY IT CITYWIDE, NOT JUST TO U SDR USES AND DEAL WITH, UM, EXCESSIVE NUISANCES GOING ON AT THESE PROPERTIES.
WE CAN'T THROUGH THOSE, THOSE NUISANCE ORDINANCES RESTRICT ASSEMBLY RIGHTS BECAUSE THAT'S UNCONSTITUTIONAL UNDER THE FIRST AMENDMENT.
AND AGAIN, WE NEED TO APPLY IT CITYWIDE, MESQUITE ADOPTED THIS TYPE OF A PARTY HOUSE OR PARTY NUISANCE ORDINANCE.
I KNOW SOMEONE MENTIONED THAT MESQUITE HAD A PROBLEM AND WE COULD USE THIS COUNCIL IF YOU HAD A REGISTRATION AND PERMITTING PROGRAM TO THEN IF PEOPLE WERE CONVICTED OR, UM, CHARGED UNDER THIS ORDINANCE TO IMMEDIATELY SUSPEND THEM AND KIND OF REVOKE THEIR PERMIT RIGHTS.
SO WE COULD USE THAT IN A DUAL MANNER.
UM, WHAT REGULATIONS ARE NOT DEFENSIBLE? UH, RESTRICTING ASSEMBLY AT S ST R PROP PROPERTIES THAT CITY OF AUSTIN CASE.
UM, SO WE CAN'T HAVE OCCUPANCY LIMITS STRICTER THAN FOR SDR THAN OTHER RESIDENTIAL USES OR LIMITATIONS ON GROUP GATHERINGS THAT HAS BEEN STRUCK DOWN BY THE COURTS.
WE CAN'T HAVE, UM, A CITYWIDE BAN OF STR THE CITY OF GRAPEVINE.
I THINK SOMEONE MENTIONED IF IT'S NOT ALLOWED, IT'S NOT PROHIBITED.
THAT IS WHAT THE CITY OF GRAPEVINE CASES LITIGATING RIGHT NOW.
IT'S STILL GOING THROUGH THE COURTS AND THEY HAVE NOT BEEN SUCCESSFUL ON THAT ISSUE.
UM, AND WE KNOW THAT SUNSET OR PHASING OUT OF STRS OVER TIME WAS NOT UPHELD IN THE CITY OF AUSTIN CASE.
WHAT WE CAN DO THOUGH, THROUGH THE REGISTRATION AND PERMITTING ORDINANCES, IF YOU'RE NOT REGISTERED BY A CERTAIN DATE, YOU'RE NOT RECOGNIZED AS LEGAL.
IF THERE'S VIOLATIONS, WE CAN SUSPEND YOUR PERMIT, EVEN IF YOU'RE A LEGAL NON-CONFORMING USE, WHICH IS GRANDFATHERING, IF YOU DO NOT REGISTER FROM YEAR TO YEAR, YOU CAN IF ABANDONED THAT USE.
SO IT'LL HELP US TRACK MORE WHO'S LEGAL, WHO'S NOT, AND WHO IS NO LONGER GOING TO BE RECOGNIZED AS LEGAL.
UM, WE KNOW THAT THE FIFTH CIRCUIT ALSO SAID THIS SUMMER THAT WE CANNOT HAVE OWNER OCCUPANCY REQUIREMENTS.
AND AGAIN, THAT IS THE APPELLATE COURT THAT DIRECTLY CONTROLS THE LAW IN THIS CITY.
SO, UM, THAT USED TO WAS DONE BY SOME CITIES PREVIOUSLY, BUT WE CAN NO LONGER DO THAT.
UM, AND WE CANNOT RELY UPON CURRENT ZONING DEFINITIONS.
AND SOME OF YOU SAY THE HOTEL'S, MOTELS, BED AND BREAKFAST, ALTHOUGH THOSE SEEM VERY SIMILAR.
THERE'S SOME, UM, PROVISIONS IN THOSE DEFINITIONS THAT DO NOT DIRECTLY APPLY.
AND WHEN THE CONTEXT OF THE HOA CASES, THEY TRIED TO FIT IT INTO DEFINITIONS THEY DIDN'T HAVE, THEY ALREADY HAD.
SO THEY TRIED TO SAY THAT A RESIDENTIAL USE WAS REALLY A COMMERCIAL USE IF IT WAS AN SDR.
AND THE TEXAS SUPREME COURT HAS STRUCK THAT DOWN AND ALSO THE CITY OF GRAPEVINE CASE.
SO WE'RE JUST RELYING ON THE COURTS TO GIVE YOU GUIDANCE ON SOME OF THE THINGS THAT ARE PERMISSIBLE.
AND YOU'VE, YOU'VE SEEN THIS BEFORE, AS I SAID, I WANTED, UM, YEAH, THAT'S IT.
SO WE, WE, UH, WE HAVE SOME, UH, OPPORTUNITIES TO FRAME SOME, SOME, UH, STR R ORDINANCES THAT CHRISTINA DAY TALKED ABOUT, WHICH WOULD REQUIRE, UM, THE, UH, P AND Z TO, TO EITHER JOINT MEETING WITH US
[00:30:01]
OR, OR GET OR GIVE US THE PROPOSAL.AND, UH, THAT'S, THAT'S CERTAINLY ONE THAT, THAT WE CAN, UH, HAVE AN OPPORTUNITY TO, TO USE.
I, I'LL, I'LL REALLY JUST KIND OF LET, UH, COUNCILMAN SMITH GIVE ME YOUR THOUGHTS, UH, BECAUSE THIS IS, THIS IS ONE THAT WE'RE GONNA HAVE TO ALL COLLECTIVELY, UH, PUT ON AN AGENDA, UH, IN HERE IN THE NEAR FUTURE.
SO I'LL GO AHEAD AND LET YOU START.
UH, COUNCILMAN SMITH, IF YOU DON'T MIND.
UM, I JUST, WE NEED TO GET, DO SOMETHING TO GIVE RELIEF TO OUR, TO OUR RESIDENTS.
UH, IT, IT'S, IT'S A TOUGH TIGHTROPE THAT WE'RE BEING ASKED TO WALK HERE BECAUSE WHILE WE ALL I THINK WANT TO DO SOMETHING, WE HAVE TO BE SURE THAT WE DO SOMETHING THAT IS, AS OUR CITY ATTORNEY ASKED AND MENTIONED, LEGALLY DEFENSIBLE.
CUZ WHAT DOES NO GOOD IS FOR US TO DO SOMETHING THAT WE MIGHT WANT TO DO, BUT IT'S NOT GONNA BE DEFENSIBLE.
AND WE WOULD BE ENJOINED SOON AFTER WE, WE DO IT, WHICH WOULD TOTALLY DEFEAT THE PURPOSE OF TRYING, TRYING TO GET ANYTHING DONE.
UM, WHAT WHAT I WOULD LIKE TO SEE HAPPEN, AND, AND WE'LL LISTEN TO, TO THE COUNCIL, IS TO, TO, TO DO WHAT WE CAN TO DO SOME IMMEDIATE RELIEF, UH, WHICH WOULD I SAY, TO IMPLEMENT A TEMPORARY BAN ON, ON SHORT TERM, UH, NEW SHORT-TERM RENTALS IN, UH, RESIDENTIAL ZONING AREAS.
UM, AND ALONG WITH THAT TO, UH, GO AHEAD AND ISSUE, DO OUR PERMITTING PROCESS SO WE CAN GET A FIRM NUMBER ON THE EXACT, UH, AMOUNT OF SHORT-TERM RENTALS THAT ARE OUT THERE NOW.
AND TO BE CERTAIN THAT, UH, ANYONE ELSE WHO MIGHT BE CONSIDERING DOING A SHORT-TERM RENTAL COMPLIES WITH OUR TEMPORARY BAN, UH, ON SHORT-TERM RENTAL.
SO, UM, THAT, THAT'S WHAT I'D LIKE TO SEE HAPPEN.
SO I'M CERTAINLY WILLING TO LISTEN TO EVERYBODY ELSE AND LET'S SEE IF WE CAN GET SOMETHING TO GET SOME RELIEF GOING FOR OUR RESIDENTS AT THIS TIME.
UM, I WANNA THANK ALL OF YOU FOR COMING OUT TONIGHT AND SPEAKING.
ALL OF YOU THAT HAVE REACHED OUT AND SENT EMAILS AND CALLED US AND WE, WE HEAR YOU, UH, WE UNDERSTAND YOUR CONCERNS.
THEY ARE REAL, THEY ARE SERIOUS.
AND WE WANT PLANO TO BE A, A, A NEIGHBORHOOD FRIENDLY TOWN AND, UM, CITY OF EXCELLENCE.
AND SO I, I CONCUR WITH WHAT COUNCIL MEMBER SMITH SAID ABOUT IMPLEMENTING AN IMMEDIATE BAN.
I SEE YOUR SIGNS REMOVAL AS THE RE REMEDY.
UM, I UNDERSTAND YOU WANT A BAN, BUT AS COUNCILMAN, UH, MEMBER SMITH SAID, AND, AND OUR LEGAL ADVICE HAS TOLD US THAT DOING A, JUST ACROSS THE BOARD BAN IS NOT, UM, REALLY A RESPONSIBLE DECISION FOR COUNSEL, UM, BECAUSE IT WILL MOST PROBABLY LEAD TO LITIGATION.
SO WE'RE TRYING TO TAKE STEPS TO ACCOMPLISH WHAT IS IMPORTANT TO YOU WHILE ALSO MAKING SURE THAT WE ARE BEING FIDUCIARY, UM, BEING RESPONSIBLE, UM, WITH YOUR TAX DOLLARS.
I I WANNA REITERATE WHAT WAS SAID ABOUT REGISTRATION DOESN'T GIVE PROPERTY RIGHTS.
I KNOW THAT'S BEEN A BIG CONCERN FOR A LOT OF PEOPLE AND, UH, IN NEW ORLEANS, THEY DID, UM, HAVE THE FINDING THAT THAT IS NOT SOMETHING THAT WE NEED TO BE CONCERNED ABOUT.
ALSO, UM, IF WE ARE TO PUT AN, A BAN IN PLACE THAT WILL NEED TO BE FOR NEW PROPERTIES, WE WILL NEED TO GRANDFATHER TO, UH, LIMIT, UM, LITIGATION CON, UM, SITUATIONS THERE.
UM, WE DID HEAR TONIGHT FROM SOMEONE THAT HAS A SHORT-TERM RENTAL HERE.
I THINK THERE ARE PEOPLE THAT ARE RESPONSIBLE PROPERTY OWNERS, AND THIS DOES GIVE THEM AN OPPORTUNITY TO FOLLOW RULES TO, UM, TO BE RESPONSIBLE, UH, OWNERS.
UM, FROM WHAT I UNDERSTOOD, THE, THE PERSON WHO SPOKE LIVES IN HIS HOME PART OF THE TIME, NOT, UH, YEAR ROUND.
SO I, I DID HEAR CONCERNS ABOUT PEOPLE SAYING THAT, THAT THESE ARE NOT NEIGHBORS IN OUR CITY THAT ARE, ARE PROVIDING SHORT-TERM RENTALS.
AND I THINK, YOU KNOW, TO BE FAIR TO THE PERSON WHO SPOKE, IT SOUNDS LIKE HE IS A NEIGHBOR HERE IN PLANO.
HE DOES LIVE IN HIS HOME PART OF THE YEAR.
UM, ANYWAY, SO YES, WE ARE, WE ARE, WE'RE TRYING TO BE RESPONSIBLE.
UH, WE, WE WANT TO TAKE, UH, STEPS TO DO WHAT WE CAN TO CONTINUE TO MAKE PLANO AN EXCELLENT PLACE TO LIVE.
UM, BUT WE WANNA DO SO IN A, IN A WAY THAT LIMITS, UH, LITIGATION AND, AND IS A SMOOTH PROCESS FOR EVERYONE.
COUNCIL MEMBER WILLIAMS. UH, I HAVE QUITE A BIT TO SAY.
SO, UH, WE MAY BE HERE A WHILE.
UM, UH, AT THE LAST MEETING, I REQUESTED THAT, UH, THIS BE PUT ON THE AGENDA BEFORE MOST FOLKS SHOWED UP, UH, TO SPEAK DURING COMMENTS OF PUBLIC INTEREST.
BUT THE SIGNS THAT EVERYBODY WAS HOLDING UP THEN REALLY REFLECTED MY FEELINGS AT THE TIME.
THIS REALLY FIRST CAME ON MY RADAR IN
[00:35:01]
2019 WHEN THERE WAS A SHOOTING AND A MURDER, UM, AT THE, AT A PARTY HOUSE IN EAST PLANO.AND THAT'S WHEN, AT LEAST FROM MY PERS FIRST PERSPECTIVE, CUZ I HAD ONLY BEEN ELECTED THAT YEAR, UM, WE REALLY STARTED DIGGING INTO THIS.
I'M SURE THIS WAS ON PEOPLE'S RADAR PRIOR TO THAT, BUT THEN WE KIND OF ALL GOT DISTRACTED BY THE EVENTS OF 2020.
AND IT WAS, UH, YOU ALL COMING HERE FOR THE PAST YEAR THAT REALLY PUT THIS PROMINENTLY BACK ON THE RADAR.
UM, OH, WE'VE HAD A LOT OF PIECEMEAL DISCUSSIONS ABOUT THIS OVER THE YEARS, PARTICULARLY THE PAST YEAR.
SO THAT'S KIND OF WHY I HAVE A LOT TO SAY RIGHT NOW.
THIS IS REALLY THE FIRST MEATY OPPORTUNITY.
WE HAVE AN OPEN SESSION TO, TO DISCUSS ALL THIS AND GET IT OUT ON THE TABLE.
SO IT'S ALREADY BEEN ESTABLISHED THAT WE HAVE THREE ZONING CATEGORIES THAT, UM, ARE NOT PERMITTED IN RESIDENTIAL AREAS.
BED AND BREAKFAST IN MOTEL, HOTEL AND BOARDING, ROOMING HOUSE.
BACK WHEN THESE DEFINITIONS WERE WRITTEN, A CONCEPT LIKE SHORT-TERM RENTALS IN A PLACE LIKE PLANO JUST WASN'T A THING.
YOU KNOW, I VISITED, UH, SARASOTA, FLORIDA LAST SUMMER AND I TOOK OUT A SHORT TERM RENTAL AND THEY'RE PERMITTED THERE.
THEY'VE BEEN A THING IN BEACH TOWNS AND SKI TOWNS AND ENTERTAINMENT TOWNS FOR A VERY LONG TIME.
UM, AND MAYBE IF I EVER RUN FOR A SARASOTA CITY COUNCIL, I'LL TRY TO CHANGE THAT.
BUT, UH, RIGHT NOW I SERVE ON P CITY COUNCIL.
UH, WE SAW, UH, WE HEARD EARLIER ABOUT THE SUPPOSEDLY FEW CALLS FOR SERVICE RE REGARDING SHORT-TERM RENTALS.
AND WE'VE DONE THIS BACK AT THE ENVELOPE, UH, MATH BEFORE.
AND YES, WHILE SHORT-TERM RENTALS MIGHT HAVE ACCOUNTED FOR 1.7% OF ALL CALLS FOR SERVICE BY THE POLICE, SHORT-TERM RENTALS, IF WE ASSUME 600 SHORT-TERM RENTALS IN THE CITY ACCOUNT FOR ONE HALF OF 1% OF ALL OF OUR HOUSING, WHICH MEANS, WHICH MEANS THAT SHORT-TERM RENTALS, STATISTICALLY SPEAKING, HAVE MORE THAN THREE TIMES AS MANY CALLS FOR SERVICE AS AN AVERAGE RESIDENCE.
NOW, YES, THERE ARE RESPONSIBLE SHORT-TERM RENTAL OPERATORS.
I STILL CAN'T GO TO TARGET PRACTICE IN MY BACKYARD.
I'M NOT SUGGESTING THAT NOT BEING ABLE TO TARGET PRACTICE IN MY BACKYARD IS A VIOLATION OF MY PROPERTY RIGHTS OR DON'T PUNISH ME JUST BECAUSE OF SOME BAD ACTORS.
UM, SO I'M GONNA READ SOME OF THESE DES DEFINITIONS HERE, SO BEAR WITH ME PLEASE.
BED AND BREAKFAST IN AND OWNER OR OPERATOR IN PARENTHESES OCCUPIED RESIDENTS RIGHT THERE.
THAT'S WHY THIS DOESN'T APPLY TO SHORT-TERM RENTALS.
AN OWNER OR OPERATOR OCCUPIED RESIDENTS.
THIS ORDINANCE WAS ESTABLISHED BACK IN 1993 WHEN NOBODY THOUGHT THAT SOMEBODY MIGHT HAVE ONE OF THESE ON WHICH THEY PULL UP AN APP AND LOOK FOR AVAILABLE SHORT-TERM RENTALS IN THE AREA WITH UP TO FIVE BEDROOMS AVAILABLE FOR OVERNIGHT GUESTS.
A BED AND BREAKFAST INN MAY PROVIDE FOR GUESTS.
GUEST STAYS UP TO 14 CONSECUTIVE DAYS.
HOWEVER, IT SHALL NOT OFFER WEEKLY RENTAL RATES.
KITCHEN AND DINING FACILITIES MAY BE INCLUDED TO PROVIDE MEALS FOR GUESTS SOLELY.
HOWEVER, NO FOOD PREPARATION SHALL BE PERMITTED IN GUEST BEDROOMS. A BED AND BREAKFAST INN SHALL NOT INCLUDE RESTAURANTS, BANQUET FACILITIES OR SIMILAR SERVICES.
A LOT OF THOUGHT WENT INTO THAT, YOU KNOW, COMING UP WITH THAT, THAT VERY FINITE DEFINITION.
SO THE NEXT ONE IS MOTEL HOTEL, A BUILDING OR GROUP OF BUILDINGS DESIGNED FOR AND OCCUPIED AS A TEMPORARY DWELLING PLACE OF INDIVIDUALS IN PROVIDING FOUR OR MORE ROOMS SUITABLE FOR DAILY OR LONG-TERM OCCUPANCY.
HOTEL SERVICES, INCLUDING DAILY HOUSEKEEPING AND UPKEEP OF FURNISHINGS MUST BE PROVIDED.
HOTEL SERVICES, INCLUDING DAILY HOUSEKEEPING, MUST BE PROVIDED.
DOESN'T APPLY TO SHORT-TERM RENTALS UNLESS YOU ONLY RENT IT FOR ONE DAY, AND THEN THEY HAPPEN TO COME CLEAN UP AFTER YOU.
BUT IF YOU'RE STAYING FOR TWO DAYS, THEY DON'T HAVE TO DO THAT.
THEREFORE, DOESN'T COUNT BOARDING SLASH ROOMING HOUSE A RESIDENCE OR DW, THIS IS THE SHORTEST ONE, A RESIDENCE OR DWELLING, EXCLUDING HOTELS AND HOUSEHOLD CARE FACILITIES WHEREIN THREE OR MORE ROOMS ARE RENTED EITHER BY WRITTEN OR ORAL AGREEMENT.
NOW, I THINK IN SOME PLACES A BOARDING HOUSE IS CATEGORIZED AS INDIVIDUAL ROOMS RENTED OUT ON A SEPARATE BASIS.
WE DON'T SPECIFY THAT IN HERE.
[00:40:01]
AND OUT OF THE THREE, THIS ONE DOESN'T ACTUALLY HAVE A DATE, WHICH LEADS ME TO BELIEVE THAT IT'S THE OLDEST ONE.I MAY BE INCORRECT ABOUT THAT.
LONG BEFORE WE EVER CONCEIVED OF SHORT TERM RENTALS IN A PLACE LIKE PLANO, I, FOR ONE, WOULD BE WILLING TO GO TO THE MAT TO TAKE THIS INTERPRET AND INTERPRETATION AND PUT IT INTO THE ARLINGTON MODEL TO SAY, WE ALREADY DISALLOW SHORT-TERM RENTALS BY THAT NUANCE OF LANGUAGE.
I MIGHT BE IN THE MINORITY HERE, BUT I'D STILL BE WILLING TO GO TO THE MAP.
BUT I'M NOT A LAWYER AND I DON'T EVEN PLAY ONE ON TV.
NO, OUR POLICE HAVE BEEN HANDCUFFED, NO PUN INTENDED, FOR A LONG TIME, BECAUSE WHEN THEY RESPOND TO ISSUES AT A SHORT-TERM RENTAL, THEY HAVE TO APPLY THE LAW THE SAME THERE AS ANYWHERE ELSE IN THE CITY WHERE THEY'RE CALLED FOR SERVICE.
BUT BECAUSE OF THE NATURE OF MOST OF THESE SHORT-TERM RENTALS, UM, SOMETIMES BY THE TIME IT'S REPORTED, IT'S TOO LATE.
SOMETIMES IF THERE'S A, UM, REPEAT OCCURRENCE, WELL YOU MIGHT WANNA DO SOMETHING ABOUT THAT.
BUT THE INDIVIDUALS WHO ARE RESPONSIBLE FOR THE ISSUE THERE, THEY'RE LONG GONE.
AND SO THE POLICE ARE LEFT UNABLE TO DO ANYTHING UNTIL THE NEXT TIME THAT THEY'RE UNABLE TO DO ANYTHING.
NOW REGARDING PROPERTY RIGHTS, I THINK ANYBODY WILL BE HARD PRESSED TO FIND A LOCAL ELECTED OFFICIAL THAT IS A MORE ARDENT DEFENDER OF THE CONSTITUTIONS OF THE UNITED STATES AND TEXAS THAN I AM OR OF PROPERTY RIGHTS.
WE KNOW THAT PROPERTY RIGHTS AREN'T ABSOLUTE.
IF THEY WERE, THEN WE WOULDN'T EVEN BE HAVING THIS DISCUSSION.
WE'D BE SAYING WE SHOULD NOT HAVE ZONING AT ALL BECAUSE IT'S AN UNDUE IMPINGEMENT ON PROPERTY RIGHTS.
THE QUESTION IS, AND THE REASON PROPERTY RIGHTS AREN'T ABSOLUTE BECAUSE IN A PLACE LIKE PLANO WHERE WE DON'T ALL HAVE A HUNDRED ACRES TO OURSELVES, WHAT WE DO WITH OUR PROPERTY DIRECTLY IMPACTS OUR ADJACENT PROPERTY OWNERS.
AND THAT'S WHY WE'VE HEARD COUNTLESS TIMES THAT HOMEOWNERS HAVE PROPERTY RIGHTS TOO.
AND ON THAT NOTE, THE PARTY HOUSES, THE BROTHELS, THE SHOOTINGS, THOSE ARE THE THINGS THAT MAKE THE HEADLINES.
THEY ARE NOT THE ONLY THINGS PEOPLE HAVE COMPLAINED ABOUT.
OVER THE PAST YEAR, WE HAVE HEARD VERY CONSISTENTLY THAT EVEN IF THEY'VE NEVER CAUSED A PROBLEM, HAVING A COUPLE OF SHORT-TERM RENTALS AROUND THEM PROMOTES UNCERTAINTY.
IT ERODES THE FABRIC OF THE NEIGHBORHOOD.
I MEAN, IT, THE WORD IS BUILT INTO THE WORD NEIGHBORHOOD NEIGHBOR PEOPLE CAME TO THE RESIDENTIAL AREAS THEY LIVE IN, IN PLANO, OR CHOSE TO REMAIN THERE BECAUSE THEY WANT AN ACTUAL NEIGHBORHOOD.
YOU DO NOT HAVE THAT WITH A REVOLVING DOOR.
WE MADE A PROMISE WHEN WE BUILT THE CITY OF EXCELLENCE AND PEOPLE BEFORE US, BEFORE I EVER CAME TO PLANO 20 YEARS AGO WHEN WE BUILT THE CITY OF EXCELLENCE, WE MADE A PROMISE WITH A VALUE PROPOSITION THAT YOU WOULD GET SAFE NEIGHBORHOODS, GREAT SCHOOLS, WHICH MAYOR, YOU WERE A LARGE PART OF THAT.
AND WE WOULD BE THE CITY OF EXCELLENCE.
WE'VE NEVER SET ANY EXPECTATION.
THIS COUNCIL OR ANY COUNCIL BEFORE US HAS NEVER SET ANY EXPECTATION THAT WE WOULD ALLOW SHORT-TERM RENTALS TO OPERATE IN RESIDENTIAL AREAS.
THE ONLY WAY IN WHICH IT COULD EVEN BE CONSIDERED THAT WE HAVE DONE SO IS BECAUSE WE WERE CAUGHT FLAT FOOTED BY THE ADVENT OF THESE APPS AND HAVE NOT GOT WITH THE PROGRAM YET.
THAT IS THE ONLY WAY ANYBODY CAN LOOK AT THIS SITUATION AND SAY, WE HAVE EVER PERMITTED IT.
TO MY KNOWLEDGE, WE DON'T HAVE ORDINANCES REGULATING VT O VERTICAL TAKEOFF AND LYFT AIRCRAFT EITHER BECAUSE THEY'RE IN THEIR INFANCY.
SO WE COULD EITHER GET AHEAD OF THE CURVE NOW AND START REGULATING WHEN VERTICAL TAKEOFF AND LIFT AIRCRAFT ARE GONNA BE ABLE TO OPERATE IN THE CITY.
OR WE CAN DO, YOU KNOW, WHAT I THINK IS REASONABLE, WHICH IS SEE WHAT EVOLVES BEFORE WE DECIDE WHAT TO DO ABOUT IT.
THIS WASN'T A THING WHEN WE DEVELOPED OUR ZONING ORDINANCES.
SO I SAY WE OWE IT TO EVERYBODY WHO CHOSE TO MOVE TO OR REMAIN IN PLANO AND ACCEPTED THE VALUE PROPOSITION THAT WE SOLD THEM TO RECOGNIZE WHAT EVERYBODY CAN SEE WAS THE OVERWHELMING INTENT IN OUR ZONING ORDINANCES IS THAT SHORT TERM RENTALS AND LEASES WERE NEVER MEANT TO BE ALLOWED IN RESIDENTIAL AREAS.
AND IF I HAD TO STAKE EVERYTHING ON THIS BOARDING, ROOMING HOUSE DEFINITION, I PERSONALLY WOULD BE WILLING TO DO THAT.
[00:45:16]
NOW I'M MINDFUL OF THE LEGAL PROCESS AND WHATEVER WE HAVE TO DO TO GO THROUGH THE PROCESS TO RECOGNIZE AND HONOR THE ORIGINAL INTENT OF THESE ZONING CLASSIFICATIONS I'M WILLING TO DO.AND I'M ALSO A BELIEVER IN NOT PULLING THE RUG OUT FROM UNDER PEOPLE.
SO I WOULD LIKE TO SEE AT THE MINIMUM, A TEMPORARY BAN LEADING TO A PERMANENT BAN WHERE WE GET ALL OF OUR DUCKS IN A ROW.
AND I THINK IT'S REASONABLE TO AFFORD A WIND DOWN PERIOD IF WE'RE GONNA FOLLOW THE ARLINGTON MODEL, A WIND DOWN PERIOD FOR EXISTING SHORT TERM RENTALS SO THAT THEY CAN GRACEFULLY RECOUP SOME OF THE, UH, MONEY THAT THEY'VE PUT INTO THEIR PROPERTY AND FIGURE OUT WHAT THEY'RE GOING TO DO AFTERWARDS.
I THINK SIX MONTHS IS REASONABLE.
UM, I I THINK THE, UM, I THINK THE SIGNS EVERYBODY HELD UP LAST MEETING SAY IT ALL ENOUGH IS ENOUGH.
UH, I, I DON'T WANNA GO OUT OF ORDER.
I KNOW WE'RE GOING AROUND, BUT, UH, SOME OF THE COMMENTS THAT HAVE BEEN MADE BROUGHT UP A A LEGAL QUESTION FOR ME.
I WAS WONDERING IF WE MIGHT BE ABLE TO CONVENE INTO EXECUTIVE SESSION BRIEFLY TO, UH, DISCUSS A POTENTIAL LEGAL MATTER.
WELL, I'M GLAD THE DEPUTY MAYOR PRO IS IN FAVOR
HERE WE'RE GONNA RECESS AND RECESS AND WE'LL NOW RECESS INTO EXEC EXECUTIVE SESSION FOR LEGAL ADVICE.
AND NOW TO DECLARE THE PLAINTIFF CITY COUNCIL IS RECONVENED IN OPEN SESSION.
I'M, UH, I BELIEVE THAT EVERYBODY'S FORGOTTEN WHAT MS. UH, COUNCILMAN ME, UH, WILLIAMS HAVE SAID PREVIOUSLY,
SO, UM, NOW WE'RE GONNA START AFRESH.
UM, WE'RE GONNA, I I BELIEVE THE, THE ISSUE RIGHT NOW WE'RE CONSIDERING IS WHAT IS A DIRECTION WITH REGARD TO THE SHORT TERM RENTAL AND WHERE ARE WE GOING AND WHAT ARE WE DIRECTING, UM, OUR STAFF TO, TO HOW IT'S GONNA MOVE FORWARD? AND, AND I'LL JUST POSE MY, UM, MY CONCERNS.
UH, I THINK NOBODY IS IN, EVERYBODY'S IN AGREEMENT THAT, UM, WITH SHELBY, THAT, UM, WE, WE NEED TO PROTECT OUR NEIGHBORS.
I I DON'T THINK THERE'S ANYBODY HERE SITTING HERE TODAY SAYING, OH NO, YOU KNOW, WE WANT BUSINESSES, WE WANT PROFITS, AND WE DON'T WANT NEIGHBORS.
I, I DON'T THINK THAT IS, UM, ANY OF OUR INTENTS.
WE, WE SIT HERE BECAUSE WE LOVE PLANO AND WE BELIEVE THAT THE CITY OF, OF PLANO IS THE CITY OF EXCELLENCE.
UM, HOWEVER, I ALSO BEING A LAWYER, UM, I, I THINK THERE IS A REASON WHY, UM, LAWS ARE CREATED AND THERE IS A REASON FOR LEGAL PROCESS.
IT'S, I, I, EVERY TIME I THINK ABOUT THIS, I THINK ABOUT, UM, MAKING MEALS FOR SOME REASON.
DON'T, DON'T ASK ME WHY, BUT IN OUR, UM, GENERATION, IN OUR NEW GENERATION, WE THINK ABOUT MEALS AS MCDONALD'S, FAST FOODS, BURGER KING, YOU KNOW, UBER AND, YOU KNOW, NOBODY AND A MICROWAVE.
UM, BUT GETTING THAT FOOD AND GETTING THE RESULT OF THAT FOOD VERSUS A HOME COOKED MEAL WHERE YOUR MOM AND DAD ACTUALLY SIT DOWN AND CUT UP ALL THE INGREDIENTS, MAKING SURE THAT EVERY PORTION IS CORRECTLY WHEN THEY'RE PUT INTO THE POT, UM, THE RESULT IS THE, IS THE SAME.
IT, IT GOES INTO YOUR STOMACH, BUT YET THE PROCESS ITSELF IS WHAT MAKES THE DIFFERENCE.
AND I THINK THAT'S WHAT WE'RE TRYING TO DO IN THE CITY OF EXCELLENCE, IS TO MAKE SURE THAT WE FOLLOW THE PROCESS CORRECTLY.
MAKING SURE THAT EVERY STEP THAT WE TAKE IS DEFENSIBLE FOR NOT ONLY FOR TO IMMEDIATE RELIEF FOR OUR RESIDENTS, FOR FACING PROBLEMS, BUT FOR ALL FUTURE PROBLEMS THAT WE MAY FACE WITH REGARD TO THIS TYPE OF ISSUES.
NOT JUST THIS ONE SPECIFIC ISSUE, BUT ALL RELATED
[00:50:01]
ISSUES.AND I SAY RELATED BECAUSE, UM, MORE THAN JUST WHEN THE SHORT TERM RENTAL ISSUE CAME UP, UM, ONE OF THE ISSUES THAT I HAD A CONCERN ABOUT IS, UM, PEOPLE INVESTING IN OUR NEIGHBORHOODS AND BUYING INVESTMENT PROPERTIES, BUT INSTEAD OF RENTING THEM LIKE REGULAR RENTS AND THEY RENT THEM FOR, YOU KNOW, LONG-TERM RENTALS AND LONG-TERM LEASES, THEY WOULD, WOULD CUT UP THESE HOUSES AND MAKE THEM INTO INDIVIDUAL BO YOU KNOW, BOARDING ROOMS AND THEN, UM, AND THEN LEASING THEM TO STRANGERS.
YOU KNOW, SO YOU WOULD HAVE 10 OR 15 STRANGERS IN ONE, ONE HOUSE.
SO TALK ABOUT SHORT TERM RENTAL THAT IS ALMOST COMPARABLE TO, UH, HAVING, YOU KNOW, 10 OR 15 PEOP STRANGERS LIVING IN ONE, UM, ONE HOME, SAME THING.
SO WHEN WE'RE DEALING WITH ISSUES THAT ARE SPECIFICALLY, SO, I MEAN, RELATED TO, UH, SHORT TERM RENTAL, WE'RE, WE SHOULD PROBABLY ALSO LOOK AT THINGS, HOW IT WOULD AFFECT THE ENTIRE NEIGHBORHOOD, UM, IN THOSE TYPE OF ISSUES AS WELL.
I, I, I THINK THAT'S THE REASON WHY I WANTED TO MAKE SURE THAT WHEN WE'RE GOING THROUGH THE PROCESS, WE'RE NOT JUST SOLVING ONE SPECIFIC ISSUE, BUT WE'RE SOLVING THE ISSUES THAT WILL RELATE AND DIRECTLY AFFECT OUR NEIGHBORS, OUR FAMILIES, AND OUR CHILDREN ALL TOGETHER.
NOW, UM, SO IS S T R NOT ACCEPTABLE IN EVERYWHERE? I I TRULY DON'T BELIEVE THAT'S TRUE.
I BELIEVE THAT IF WE ARE GOING TO, UM, THE FRISCO GOLF COURSE OR THE, THE, THE DISNEY WORLD AT FRISCO IS GONNA BE BUILDING, I MEAN, I THINK IT'LL BE GOOD TO HAVE SHORT-TERM RENTALS OVER THERE BECAUSE IT'S A DES UH, IT'S A DE DESTINATION FOR ENTERTAINMENT, RIGHT? I MEAN, THAT'S SOMETHING THAT WE CAN GO TO, BUT IN OUR FAMILY NEIGHBORHOOD WITH, WE HAVE SCHOOLS IN, IN, IN, UM, YOU KNOW, PLAY PLAYGROUNDS, I, YOU KNOW THAT, THAT'S NOT SO GOOD.
SO I, I BELIEVE THAT WE NEED TO THINK UP DIFFERENT METHODS OF MAKING SURE THAT ST R STAYS IN WHERE IT NEEDS TO BE, AND, AND MAKING SURE THAT WE, WE MAKE A DISTINCTION BETWEEN WHAT IS POTENTIALLY NECESSARY FOR THESE SHORT-TERM RENTALS TO EXIST VERSUS WHERE OUR NEIGHBORHOOD SHOULD REMAIN.
SO THOSE ARE SOME OF THE CONSIDERATIONS I LIKE TO HAVE, UM, COMPLETED WHEN WE'RE DEALING WITH, UM, UH, POTENTIALLY, UM, POSSIBLY, YOU KNOW, BAN OR ORDINANCES IN THE, IN THE FUTURE, HOW IS THAT GOING TO LONG-TERM AFFECT OUR COMMUNITY? SO FOR EXAMPLE, IF WE WERE TO DO A PERMANENT BAN ON PARTY HOUSES, SO IS THAT GOING TO AFFECT, UM, MY, YOU KNOW, IF I HAD A FAMILY OF 20 WHO'S COMING OVER AND RE YOU KNOW, HAVING A FAMILY REUNION, IS THAT GOING TO AFFECT ME? I MEAN, I CERTAINLY WOULD LOVE PARTY HOUSES TO BE ALL BANNED, BUT WHAT, WHAT IF I WANNA HAVE A PARTY WITH, YOU KNOW, BARBECUES FOR MY, YOU KNOW, RELATIVES AND DISTANT RELATIVES, YOU KNOW, FOR A WEEKEND? IS THAT GOING TO AFFECT ME? ME, AND I DON'T WANT THAT TO AFFECT ME, YOU KNOW, PERMANENTLY.
UM, I CERTAINLY DON'T WANT TO ALWAYS HAVE TO USE THE CRUISE IN ORDER TO HAVE A LARGE FAMILY PARTIES.
I, I WOULD LIKE TO HAVE PARTIES IF I, IF MY HOUSE IS ABLE TO, UM, ACCOMPANY THEM.
SO THOSE ARE SOME OF THE LONG-TERM CONSEQUENCES.
I WOULD LIKE TO, UM, TALK ABOUT HOW MANY CARS IS TOO MANY CARS.
SO IF, YOU KNOW, IF I HAVE A HOUSE OF TEENAGERS AND EVERYONE HAS CARS, IS THAT TOO MANY CARS? SO THOSE ARE TYPE OF THINGS THAT I THINK WE, THOSE ARE THE CONSEQUENCES THAT WE REALLY NEED TO BE AWARE OF AND, AND NOT JUST MAKE A, YOU KNOW, A UNIFORM BAN.
LIKE, WELL, YOU KNOW, THIS IS, THIS IS UNACCEPTABLE, BUT IT WILL AFFECT OUR NEIGHBORS AND OUR FAMILIES, AND I DON'T WANT THAT TO HAPPEN.
UM, NOISES, HOW LOUD IS NOISE? SO HOW, HOW MUCH NOISE IS UNACCEPTABLE NOISE? AND, AND THOSE ARE THINGS THAT I THINK WE ALSO NEED TO CONSIDER.
UM, I BELIEVE THAT HAVING DATA IS ABSOLUTELY CRUCIAL IN ANY DECISIONS THAT ANY FUTURE AND LONG DISTANCE, UH, LONG CONSEQUENTIAL DECISIONS THAT WE MAKE.
SO I, I WOULD LOVE TO SEE THAT WE CONTINUE ON THE, ON THE ROUTE OF G UH, GATHERING MORE DATA.
UM, IN THE, IN THE MEANTIME, WHILE WE'RE GATHERING DATA, I ALSO DON'T WANNA CREATE MORE NEW ISSUES AND PROBLEMS. SO I LIKE TO SEE A CONCURRENT ROUTE WHERE WE HAVE, UM, THE GATHERING OF DATA, THE REGISTERING OF, UH, PEOPLE WHO ARE CURRENTLY
[00:55:01]
USING THEIR, THEIR INVESTMENT HOME OR THEIR OWN HOME AS S T R OR ANY TYPE OF SHORT TERM RENTALS.UM, AND, AND GETTING THEM, UH, REGISTER, COLLECTING THEIR CONTACT INFORMATION, COLLECTING EVERYTHING THAT HAS TO DO OF HOW WE COULD, UM, CONTACT THEM IN CASE OF EMERGENCY.
AT THE SAME TIME, I LIKE TO SEE A, YOU KNOW, A TEMPORARY MORATORIUM, A BAN ON ANY TYPE OF ACTIVITY THAT'S, THAT HAS TO DO WITH RENTALS.
SHORT TERM RENTALS, SPECIFICALLY RENTALS ARE LESS THAN 30 DAYS.
AND, AND THAT WAY THEN WE CAN MAKE SURE THAT OUR DATA IS ACCURATE AND IT WOULD NEVER CONTINUE TO LOSE FOCUS BECAUSE, YOU KNOW, IT KEEPS INCREASING HERE AND THEN IT KEEPS REDUCING HERE.
UM, I LIKE TO SEE, UM, WHAT PAIGE, YOU WERE TALKING ABOUT HAVING A, UH, I'M SORRY.
IT WAS, UM, I, I THINK IT WAS, UM, UH, CHRISTINA, CHRISTINA, I'M SORRY, I THINK IT WAS CHRISTINA WAS TALKING ABOUT WHAT, UH, DOING A JOINT SESSION, WE'RE PLANNING AND ZONING.
THAT WAY WE CAN AVOID THE, THE THREE WEEKS THAT'S REQUIRED FOR ORDINANCE TO BE PROPOSED.
SO I LIKE TO SEE THAT A AS SOON AS POSSIBLE.
UM, YOU KNOW, I I KNOW, I THINK THE SOON AS POSSIBLE IS, IS 36 DAYS IS RIGHT? IS IT 36 DAYS? IT HAS TO BE 36 DAYS, THAT'S CORRECT.
IT WAS MAY 8TH WAS THE FIRST DATE, MAY, I'M SORRY, COUNCIL DATE THAT WE COULD GET TO.
SO I LIKE TO SEE A JOINT SESSION WITH PLANNING ZONING, UM, AT THE FIRST AVAILABLE DATE SO THAT WE CAN GET SOME TYPE OF, UM, UM, YOU KNOW, DECISION MADE WITH REGARD TO A POTENTIAL, UM, MORATORIUM OR TEMPORARY BAN, I DON'T CARE WHAT YOU CALL IT, AS LONG AS WE CAN STOP THE PROCESS HERE SO THAT WE COULD CONTINUE THE PROCESS HERE.
AND I'D LIKE TO SEE THAT TO CONTINUE UNTIL WE'RE ABLE TO CONFIDENTLY FOR YOU CONFIDENTLY TO COME IN FRONT OF US AGAIN AND SAY, I GOT ENOUGH DATA NOW AND THIS IS WHAT WE CAN DO, AND THIS IS WHAT WE CAN, UM, TRY TO, UH, GO MOVE FORWARD.
AND THEN FOR PAIGE TO COME AND TELL US THAT AT, YOU KNOW, AT CERTAIN THAT WITHIN, YOU KNOW, OBVIOUSLY A REASONABLE AMOUNT OF TIME THAT, UM, AT THIS TIME LEGALLY WE'RE ABLE TO DEFEND A CERTAIN TYPE OF ACTIONS AND, UM, AND THAT, UM, THERE ARE SOME RISK, BUT WE'RE WILLING TO TAKE THE RISK, UM, IN CERTAIN OTHER TYPE OF ACTIONS.
UM, I CERTAINLY DO NOT WANT, UM, A HEAT OF PASSION TO RESULT IN OUR CITY, UM, SPENDING YEARS OF OUR HARD-EARNED TAX DOLLARS IN LITIGATIONS ONE WAY OR THE OTHER.
UH, I, I, I THINK THAT'S THE WRONG WAY TO GO.
I THINK O OBVIOUSLY WE WANNA MAKE SURE THAT OUR NEIGHBORS AND OUR FAMILIES ARE PROTECTED, BUT WE ALSO WANNA MAKE SURE THAT WE DO SO IN THE OLD-FASHIONED WAY, YOU KNOW, ONE STEP AT A TIME, UM, TO MAKE SURE THAT EVENTUALLY IT WILL PASS ON FOREVER AND FOREVER.
SO I, FROM WHAT I'VE HEARD FROM RESIDENTS, I'VE HEARD A LOT OF PEOPLE SAY THAT WE SHOULD, UM, GO THROUGH A PROCESS WHERE WE FOLLOW THE ARLINGTON MODEL.
AND I THINK WHAT I'VE HEARD FROM PEOPLE IS THE REASON THEY LIKE THAT IS, ONE, IT'S SHOWN THAT IT'S SUCCESSFUL IN THE, IN THE COURTS.
UM, IT INVOLVED A LOT OF DATA COLLECTION AND IT ALSO INVOLVED A LOT OF OUTREACH WHERE WE HEARD FROM THE CITIZENS.
AND SO, UM, ALL OF THOSE THREE THINGS I THINK ARE GREAT DUE IS VERY THOUGHTFUL.
IT WAS A STRATEGIC PROCESS, AND IT'S SHOWN TO BE SUCCESSFUL.
SO I THINK THAT WE SHOULD CONTINUE DOWN THAT PROCESS.
UM, BUT THAT'S PROCESSES AS OTHERS HAVE MENTIONED, IS GONNA TAKE SOME TIME FOR US TO DO IT WELL.
SO IN THE MEANTIME, I THINK WE NEED TO GIVE OUR, OUR POLICE AND OUR STAFF MORE TOOLS TO BE MORE EFFECTIVE WITH THIS SITUATION.
AND SO I WOULD LIKE US TO, UM, PASS THE PERMIT AND REGISTRATION SO THAT THEY HAVE MORE, UM, ABILITY TO REGULATE THESE, UM, SHORT-TERM RENTALS.
AND THEN I'M OPEN TO LOOKING AT WHAT A PARTY ORDINANCE WOULD LOOK LIKE.
AND THEN, UM, AS FAR AS THE TEMPORARY BAN, IF THAT GETS BROUGHT BACK BEFORE I WOULD BE IN SUPPORT OF THAT, I HAVE A COUPLE QUESTIONS ON THAT.
I WANT TO KNOW HOW WE WOULD ACTUALLY REGULATE THAT, WHAT THE STAFF WOULD NEED TO REGULATE THAT.
AND THEN HOW LONG IS TEMPORARY? HOW LONG WOULD WE BE, UM, BANNING THE SHORT-TERM SCORE? THANK YOU.
I THINK MY FIRST THOUGHT IS THAT NEXT TIME WE NEED TO START ON THIS SIDE AND MOVE THIS
I, I SWITCH IT, I SWITCH IT UP OCCASIONALLY,
UH, AND I'LL ALSO THINK MAYBE A NUISANCE BAN WOULD BE APPLICABLE TO THE CITY COUNCIL MEMBERS, SO WE
[01:00:01]
DON'T TALK HOURS ON THATUM, UH, YOU KNOW, I, I THINK EVERYBODY IS, HAS LAID A LOT OF CARDS ON THE TABLE, AND I THINK A LOT OF US AGREE WITH, WITH SOME OF THE CARDS THAT ARE LAID ON THE TABLE.
I MEAN, IF I COULD WAVE MY MAGIC WAND AND MAKE, UM, STR DISAPPEAR COMPLETELY, THAT'S EXACTLY WHAT I WOULD DO.
UM, OBVIOUSLY I DON'T HAVE A MAGIC WAND, UM, AND, AND GUARANTEED, I, I WOULD, I WOULD CERTAINLY MAKE STR UH, NOT A, A BUSINESS ELEMENT.
UM, I, I DO UNDERSTAND, YOU KNOW, THAT SOME PEOPLE WANT, UM, UH, PROPERTY SO THAT THEY CAN RENT IT OUT.
BUT, UM, I, I'M FIRMLY IN THE, IN THE CAMP, UM, UH, IN THE SHELBY CAMP WHERE I, I THINK THAT, UM, A LOT OF THE STR HAVE BEEN ABUSED BEYOND BELIEF.
I BELIEVE THAT THE, UH, THE PROCESS AND THE, AND THE PREMISE THAT THEY OPERATE WITH HAS BEEN ABUSED BEYOND BELIEF.
UM, I BELIEVE THAT THE, UH, CORPORATIONS THAT, UM, ALLOW PEOPLE TO PUT THEIR PROPERTIES UP SO THEY CAN RUN 'EM FOR A WEEKEND OR AN EVENING AND, AND HAVE A BOLSTERS PARTY AND A LOT OF PEOPLE THERE AND, AND DO WHATEVER THEY WANNA DO, HAS BEEN ABUSED BEYOND BELIEF.
UM, AND SO IN, IN MY THINKING, UH, OF ALL OF THIS, UM, I THINK FIRST IS IF WE'RE GOING TO DO SOME ADDITIONAL STUDYING WITHIN THE, WITHIN THE CITY, I WOULD ENCOURAGE US NOT TO LOOK AT THIS AS A, UM, A SERIAL PROCESS, BUT A PARALLEL PROCESS.
UH, I WOULD ENCOURAGE US TO TAKE A LOOK AT ALL OF THE THINGS THAT WE NEED TO DO AND SEE IF WE CAN'T DO A LOT OF THESE THINGS IN PARALLEL SO THAT IT RAPIDLY GETS TO A CONCLUSION RATHER THAN DOING ONE THEN THE NEXT AND THEN THE NEXT, UM, I AM, I AM CERTAINLY, UM, IN FAVOR OF DOING A TEMPORARY BAN.
UM, I, I, I REALLY THINK THAT A, UM, PERMITTING PROCESS IS OKAY IF IT HAS, UM, SOME FORM OF TEETH IN IT.
AND THAT REALLY IS SORT OF A, A STRIKE RULE.
I DON'T WANT TO CALL IT A THREE-STRIKE RULE, BECAUSE IF YOU HAVEN'T LEARNED AFTER THE SECOND ONE, I DON'T CARE IF YOU TAKE A SWING AT THE THIRD ONE, IT MAKES NO DIFFERENCE TO ME.
UM, SO, UH, I THINK THE NE THE PERMIT PROCESS OUGHT TO HAVE SOMETHING IN IT WHERE IT SAYS, IF YOU VIOLATE THIS, IF YOU HAVE TO HAVE OUR POLICE DEPARTMENT COME OUT THERE AND BREAK UP SOME KIND OF WILD PARTY, THAT'S NUMBER ONE.
IF THEY COME OUT THERE THE SECOND TIME YOU'RE DONE, UM, AND, AND, UM, WHATEVER YOU DO, YOU, YOU WANT TO RUN IT FOR A LONG TERM, YOU WANNA SELL THE PROPERTY, THAT'S UP TO YOU, BUT YOU DON'T GET YOUR PERMIT BACK.
UM, I, I THINK THAT WE NEED TO HAVE SOME KIND OF CUTOFF AS TO WHEN THEY APPLY, AND IF THEY DON'T APPLY WITHIN THAT PERIOD OF TIME, THEY, THEY DON'T HAVE A PERMIT.
UM, AND FINALLY, I THINK, UM, AS IT'S BEEN MENTIONED SEVERAL TIMES, UM, WE NEED TO BE ABLE TO GIVE THE POWER TO OUR POLICE DEPARTMENT TO BE ABLE TO GO OUT AND REALLY TAKE A LOOK AT THESE SITUATIONS AND ACT UPON THEM.
UM, AND A NUISANCE ORDINANCE WOULD BE CERTAINLY A WAY OF DOING THAT.
UM, A PARTY HOUSE, UM, BAN IS, IS FINE WITH ME.
UM, BUT WE NEED TO TAKE A LOOK AT THAT TO REALLY DETERMINE, UM, WHEN THERE REALLY IS A NUISANCE IN THERE.
IT'S ONE THING TO GO OUT AND ASK THEM TO QUIET DOWN.
UM, IT'S ANOTHER THING, UH, TO GO OUT THERE AND JUST SAY IT'S DONE, UM, AND, AND GIVE OUR POLICE DEPARTMENT THE ABILITY TO BE ABLE TO DO THAT.
SO I'M GONNA KEEP IT AS SHORT AS I POSSIBLY CAN TO LET EVERYBODY KNOW THAT, UM, UH, I AM NOT, UM, A REALLY STRONG BELIEVER IN SOMETHING THAT'S RENTED BY THE NIGHT.
UM, IF YOU, UM, HAVE ANY CONCERN OF, UH, THE BILL THAT'S FLYING THROUGH THE HOUSE RIGHT NOW, HB 26 65, I WOULD ENCOURAGE YOU TO NOT ONLY READ THE BILL, BUT READ ABOUT THE PERSON THAT FILED IT, UM, AND FIND OUT WHAT HIS BACKGROUND IS BECAUSE IT'S A, IT'S A SELF, IT'S A SELF-SERVING BILL.
WELL, I FIRST WANNA SAY THANK YOU TO EVERYONE WHO SPOKE TONIGHT, AND EVERYONE WHO HAS BEEN SPEAKING ABOUT THIS ISSUE FOR SO LONG.
I WANNA REITERATE WHAT I THINK EVERYONE HAS SAID.
UH, IT IS VERY CLEAR TO ME THAT WE HAVE AN ACUTE, IMMEDIATE PROBLEM, AND THAT NECESSITATES AN ACUTE, IMMEDIATE SOLUTION.
UH, THAT BEING SAID, I, I THINK IT'S WISE AS, AS WE'VE TALKED ABOUT, AS I THINK, UH, MOST OF YOU, IF NOT ALL OF YOU WHO ARE HERE TONIGHT HAVE ENCOURAGED US TO DO, TO CONTINUE TO FOLLOW THE ARLINGTON PROCESS BECAUSE OF HOW SUCCESSFUL THAT ARLINGTON PROCESS HAS PROVEN.
UM, AND, UH, OBVIOUSLY THERE, THERE ARE EVEN, UH, TIMETABLES THAT ARE, UH, NECESSARY WITH RESPECT TO ENACTING A ZONING ORDINANCE, EVEN IF WE DIDN'T FOLLOW THAT PROCESS.
[01:05:01]
UM, THAT BEING SAID, I THINK WE NEED A TEMPORARY BAN BETWEEN NOW AND THE END OF THE PROCESS THAT WILL PRESERVE THE STATUS QUO AND PREVENT THINGS FROM GETTING WORSE WHILE WE WORK ON A PERMANENT ORDINANCE TO, UH, TO, TO SOLVE THIS ISSUE BY FOLLOWING THE ARLINGTON PROCESS.UM, YOU KNOW, THERE HAVE BEEN SO MANY, UH, SPEAKERS WHO HAVE TALKED ABOUT SAFETY ISSUES RECENTLY.
I'VE BEEN DEEPLY MOVED BY THAT.
I THINK A, A REALLY KEY, UH, DATA POINT IN MY THOUGHT PROCESS ON THIS, UH, IS THAT I STARTED OUT THINKING THAT WHAT WE WERE TALKING ABOUT WAS JUST PROBLEM SHORT-TERM RENTALS, UM, WHICH ARE THOSE THAT HAVE, YOU KNOW, PARTIES, UH, FIGHTS, UH, AND AS WE NOW HAVE SEEN IN, IN LIMITED INSTANCES, EVEN PROSTITUTION OR SHOOTINGS.
UM, BUT I THINK, UH, IT GOES BEYOND THAT BECAUSE AS, AS SO MANY OF YOU HAVE POINTED OUT, UH, THE FABRIC OF THE COMMUNITY COUNCIL MEMBER WILLIAMS SPOKE TO THIS IS, UH, IS ON THE LINE.
UH, IF WE HAVE A DETERIORATION OF NEIGHBORHOODS THAT ARE FILLED WITH NEIGHBORS, THEN THAT'S GOING TO BE A DETRIMENTAL, UH, MOVE FOR THE CITY.
UH, MOREOVER, UH, SHORT-TERM RENTALS OBVIOUSLY DON'T, UH, PUT STUDENTS IN THE SCHOOLS.
AND WE HAVE AREAS WHERE, UH, SCHOOL ENROLLMENT IS DECLINING.
THAT OBVIOUSLY IMPACTS PIS D'S FUNDING, IT IMPACTS USE OF EXISTING SCHOOL FACILITIES.
SO, UM, THAT'S SOMETHING I THINK WE NEED TO BE MINDFUL OF.
AND, AND SO THIS IS JUST SOMETHING THAT IT, IT'S NOT JUST ABOUT THE PARTY HOUSES, THOUGH.
THE PARTY HOUSES AND THE SAFETY ISSUES THAT THOSE CAUSE ARE PROBABLY THE BIGGEST, MOST ACUTE ISSUE.
AND I WOULD CERTAINLY BE IN FAVOR OF ADDITIONAL, YOU KNOW, ORDINANCES, UH, A PARTY HOUSE TYPE ORDINANCE TO, TO SOLVE THAT PROBLEM.
BUT THAT OBVIOUSLY IS, AS EVERYONE HAS ARTICULATED, WOULD NOT BE A COMPLETE SOLUTION.
I ALSO JUST WANT TO, UH, TO POINT OUT, UH, TO UNDERSCORE A POINT THAT COUNCIL MEMBER WILLIAMS MADE.
I KNOW WE'VE BOTH BEEN, AND I THINK OTHERS ON COUNCIL HAVE BEEN SPEAKING FOR QUITE SOME TIME ABOUT HOW EVEN IF ONLY 1.7% OF CALLS FOR SERVICE IN THE CITY ARE FROM SHORT-TERM RENTALS, GIVEN THAT SHORT-TERM RENTALS, YOU KNOW, LOOKING AT THE NUMBERS THAT THAT, THAT WE'VE GOT ARE LESS THAN 1% OF RESIDENTIAL UNITS IN THE CITY, MAYBE AROUND TWO-THIRDS OF A PERCENT.
WERE LOOKING AT SOMEWHERE AROUND THREE TIMES AS MANY CALLS FOR SERVICE PER RESIDENTS THAT ARE SHORT-TERM RENTALS VERSUS NOT SHORT-TERM RENTALS.
SO THAT TO ME SAYS WE HAVE AN ISSUE THAT'S SIGNIFICANT, AND I APPRECIATE THE SPEAKER WHO SPOKE ABOUT HIS SHORT-TERM RENTAL.
I KNOW THERE ARE PEOPLE WHO TRY TO MANAGE THIS WELL AND, AND, AND HAVE GOOD INTENTIONS, BUT I KNOW THAT IF WE ALLOWED BED AND BREAKFASTS IN RESIDENTIAL NEIGHBORHOODS, THERE WOULD BE PEOPLE MANAGING THOSE WITH GOOD INTENTIONS.
BUT WE, WE JUST DON'T ALLOW BED AND BREAKFASTS IN RESIDENTIAL NEIGHBORHOODS BECAUSE IT'S NOT A USE THAT WE'VE FOUND TO BE APPROPRIATE FOR THOSE NEIGHBORHOODS, WHETHER IT'S WELL MANAGED OR NOT.
AND SO I THINK THAT'S, UM, I, I THINK THAT'S ANALOGOUS HERE AND APPLIES TO SHORT-TERM RENTALS.
UM, AND, UH, AND SO ANYWAY, I THINK ULTIMATELY, UH, YOU KNOW, SINCE WE'RE GOING TO HAVE A ZONING BASED APPROACH LIKE ARLINGTON, UM, NOT A, NOT A CITYWIDE BAN, UM, WHATEVER, UH, IS, IS OPERATING, AFTER WE HAVE THAT PROCESS, W WE WILL NEED, UH, YOU KNOW, A PERMITTING PROCESS WITH REVOCATION.
I LIKE THE TWO STRIKES IN YOUR OUT RULE THAT COUNCIL MEMBER GRADY PROPOSED.
UM, AND, UH, AND SO I, I WOULD, I, AS AN IMMEDIATE, UH, STOP GAP, I WOULD BACK A, A, A MORATORIUM, A TEMPORARY BAN AS WE WORK THROUGH THE ARLINGTON PROCESS TOWARD A PERMANENT ORDINANCE.
UH, AND LIKE DEPUTY MAYOR PRO TEM TWO SAID, I'D LIKE TO DO THAT AS EXPEDITIOUSLY AS POSSIBLE USING A, UH, JOINT MEETING.
SO, UH, THOSE ARE MY THOUGHTS.
SO, UH, WE'RE, WE'RE GONNA CONTINUE TO, UH, UH, MOVE FORWARD WITH THE ARLINGTON APPROACH IN REGARD TO DATA COLLECTION, REGISTRATION, PUBLIC INPUT.
WE'RE ALSO GOING TO CONSIDER, UM, TEMPORARY BAN, UH, GOING THROUGH THE ZONING, UH, APPROACH AND, UH, CONSIDERING A, A PARTY, UH, ORDINANCE, UH, PARTY HOUSE ORDINANCE.
UM, IS THE ONE THING YOU DO NEED TO UNDERSTAND THIS WILL, WE WILL CONTINUE.
THIS WILL BE A CONTINUAL JOURNEY FOR US TO MONITOR AND ENFORCE AND THESE KIND OF THINGS.
NOT ANY ONE TIME WILL THIS END.
SO THIS, WE, WE ARE ADDING THIS TO A RESPONSIBILITY OF THE CITY, UH, GOING FORWARD FOR AS, AS LONG AS WE HAVE TO.
AND SO THESE ARE THINGS THAT WE'RE GONNA CON CONSIDER AND, AND MOVE FORWARD WITH.
IS THERE ANYTHING THAT I HAVE FORGOTTEN THAT
[01:10:01]
YOU WANT INCLUDED AS A CONSIDERATION IN THIS? OKAY.UH, IF, IF EVERYBODY WILL NOD YOUR HEAD AND SAY, LET'S MOVE FORWARD.
THANK YOU SO MUCH FOR YOUR, YOUR SUPPORT, UH, FOR YOUR CONSIDERATION OF SAFETY HERE IN PLANO.
AND, UM, AND SO I CARE VERY MUCH ABOUT THE REPUTATION OF PLANO, THE SAFETY OF PLANO, AND I WANT EVERYONE HERE AND ALL THOSE THAT AREN'T HERE TO, TO KNOW THAT WE ARE OR ARE HERE FOR YOU.
THIS IS WHAT WE'RE ALL ABOUT, IS PROTECTING THE ENTIRE COMMUNITY OF PLANO.
WE'LL MOVE ON TO THE CONSENT AND REGULAR AGENDAS.
UH, ITEM FIVE, COUNCIL ITEMS FOR FUTURE AGENDAS.
UH, MAYOR, AT THE LAST MEETING I HAD REQUESTED THAT WE BRING, UH, THIS ORDINANCE UP, I BELIEVE AT THE FIRST I SPECIFIED A DATE, THE FIRST MEETING OF APRIL.
UH, I'D LIKE TO MODIFY THAT TO SAY AS SOON AS HUMANLY POSSIBLE OR AS SOON AS LEGALLY POSSIBLE.
I THINK, I THINK, UH, CHRISTINA WILL, WILL HELP US WITH THAT DATE.
AND, UH, WE'LL BE ABLE TO PINPOINT THAT ACCURATELY HERE.
I JUST THINK LEGALLY I HAD TO REVERSE MY SPECIFIC DATE AND QUESTION FROM THE LAST MEETING.
DO I NEED A SECOND FOR THAT? OH YEAH, A SECOND.
TRYING TO CROSS ALL THE T'S AND DOT ALL THE I.
[COMMENTS OF PUBLIC INTEREST]
ALL RIGHT.WITHOUT FURTHER ADO, WE'LL MOVE ON TO COMMENTS OF PUBLIC INTEREST, COMMENTS OF PUBLIC INTEREST.
THIS PORTION OF THE MEETING IS TO ALLOWED TO THREE MINUTES PER SPEAKER WITH 30 TOTAL MINUTES ON ITEMS OF INTEREST OR CONCERN AND NOT ON ITEMS THAT ARE ON THE CURRENT AGENDA.
THE COUNCIL MAY NOT DISCUSS THESE ITEMS, BUT MAY RESPOND WITH FACTUAL OR POLICY INFORMATION.
THE COUNCIL MAY CHOOSE TO PLACE THE ITEM ON A FUTURE AGENDA.
AND WE DO HAVE A FEW SPEAKERS THIS EVENING, FIND MY SHEET.
I'M A RECENT RESIDENT OF PLANO.
UH, I MOVED SIX MONTHS AGO FROM SAN DIEGO, CALIFORNIA.
I'M COMPUTER COMPUTER SCIENTIST.
MY WIFE IS AS WELL, COMPUTER SCIENTIST.
I, WE HAVE THREE TEENAGERS THAT ARE ENROLLED IN NEW ACTIVITIES IN SCHOOLING IN PLANO AREA.
UM, I'M HONORED TO BE HERE TO BE ABLE TO SPEAK WITH YOU, AND I'M VERY GRATEFUL TO, UM, TO WITNESS THAT CITY OF PLANO.
IT IS INDEED CITY OF EXCELLENCE.
I WAS LOOKING INTO OTHER CITIES TO MOVE IN AND, AND MY RESEARCH SHOWED THAT PLANO HAD, UM, WAS ON TOP OF MY LIST.
SO I PURCHASED, UM, A PROPERTY ON, ACTUALLY NOT FAR FROM HERE, UH, 2012 EAST PECAN LANE, WHICH IS BASICALLY K AVENUE AND LEGACY, WHERE LEGACY STARTS.
UH, AND I WOULD LIKE TO PRESENT ONE ISSUE THAT WE ARE HAVING.
I'M ALSO HERE, UH, JOINED BY MY NEIGHBORS, NATALIE STORMER, GINA AND CINDY, WHO JUST LIVE ACROSS OF OF ME.
SO THIS YEAR WE WE'RE HAVING IS, UM, WE LIVE JUST NEXT TO THE COMMERCIAL, UM, ZONE PROPERTY.
SO THIS IS, THIS IS MY HOME RIGHT HERE.
UM, THIS IS THE NATALIE STORMER HOME, GINA, CINDY, AND HERE MY FIRST NEIGHBOR, UH, IS RUNNING A CONSTRUCTION YARD.
WHEN I WAS PURCHASING A PROPERTY, I, I, I WAS TOLD BY AN AGENT THAT THE NOISE AND THE ISSUES ARE VERY, UH, MILD.
HOWEVER, THESE LAST SIX MONTHS, I TOOK SOME TIME AS A COMPUTER SCIENTIST TO COLLECT THE DATA TO PRESENT REALLY, UM, UH, MY CASE TO THE CITY COUNCIL AND RE BASICALLY, WE'RE HERE TO REQUEST A REZONING, UM, BECAUSE THE CONDITIONS ARE UNLIVABLE.
I'LL GIVE YOU AN EXAMPLE FROM LAST WEEKEND.
I HAVE THREE THES START DRIVING, ME AND MY WIFE.
UM, WE WASHED ALL THE CARS, AND NEXT DAY, THE STORM FROM MY NEIGHBOR, THE STORM, BASICALLY THE, THE WIND FROM, UM, FROM THE SOUTH PUSHED ALL THE DIRT FROM MY NEIGHBORS TO MY CARS.
AND I'M GONNA JUST GIVE YOU AN EXAMPLE HOW, UM,
[01:15:01]
WANTED TO TAKE MY, MY FAMILY FOR, FOR DAY.AND I, I ENTER THIS CAR LIKE THIS.
UM, BESIDES THE, BESIDES THE POLLUTION THAT IS ENVIRONMENTAL, IT'S ALSO AFFECTING MY NEIGHBORS.
SO NATALIE, SHE IS, UH, UH, IN A WHEELCHAIR.
SHE HAS VERY LIMITED, UM, LUNG CAPACITY, AND, UM, SHE DIDN'T WANNA BOTHER TO COME DOWN AND
BUT, UM, I'M VERY HONORED THAT I HAVE AMAZING NEIGHBORS WHO HELPED ME OUT MOVE IN.
THE PROPERTY THAT I GOT WAS 1971, WAS NOT IMPROVED.
I'VE PUT QUITE A BIT OF MONEY TO PURCHASE THAT PRIEST LAND.
IT'S 1.4 ACRES OF, OF PROPERTY, BUT IT WAS COMPLETELY ABANDONED.
UH, I INVESTED CLOSE TO $200,000 IN IMPROVING THAT PROPERTY.
AND, UM, IT'S BECOMING REALLY UNLIVABLE.
I WOULD LIKE TO, UM, WE WOULD LIKE TO REQUEST BOTH ME AND MY NEIGHBORS 2012 EAST PECAN LANE IN 2021 EAST PECAN LANE, UH, POTENTIALLY REZONING TO COMMERCIAL OR MIXED USE.
WE'LL PUT YOU IN TOUCH WITH THE, THE PERSON TO, UH, CONTACT.
THE NEXT SPEAKER IS TERRY POI, EVENING MAYORS AND MAYOR AND CITY COUNCIL MEETING.
AND CINDY, COUNCIL MEMBER, SORRY,
MY NAME IS TERRY PHI, AND, UH, I HAVE TO SAY I HESITATED TO COME UP HERE TONIGHT AFTER THE LAST COUPLE HOURS.
THE IMPORTANCE AND COMPLEXITY OF THE TOPIC, UM, KIND OF MAKES US SEEM INCONSEQUENTIAL, BUT I'M HERE TO SAY THAT IT'S NOT, AND I AM HERE AND BEING REPRESENTED BY OTHER PLANO RESIDENTS THAT THIS IS EXTREMELY IMPORTANT TO US.
UM, I MOVED TO PLANO IN 2016, AND I FOCUSED MOST OF MY ADVOCACY ON THE SALE OF THE PUPPIES AND THE RETAIL STORES THAT ARE TRANSPORTED OVER STATE LINES FROM COMMERCIAL BREEDERS.
THEY'RE ALSO KNOWN AS PUPPY MILLS OR FACTORY FARMS. I'M HERE TONIGHT TO DRAW ATTENTION TO THIS IMPORTANT MATTER AND ASK THAT WE PLEASE STRENGTHEN OUR ORDINANCE REGARDING THE SOURCING OF DOGS AND CATS THAT ARE BEING SOLD IN STORES.
CURRENTLY, PLANO HAS ONE STORE THAT DOES SELL PUPPIES.
THE LANGUAGE IN OUR CURRENT ORDINANCE WILL EASILY ALLOW FUTURE STORES TO ALSO OPEN.
THE PUBLIC IS UNAWARE OF THE INHUMAN CONDITIONS, DECEPTIVE PRACTICES, AND ALSO THE ILLEGAL ACTIVITY THAT SURROUNDS THE COMMERCIAL BREEDING OF PETS.
THE LUCRATIVE COMMERCIAL BREEDING INDUSTRY PLACES PROFIT OVER BASIC CARE, HEALTH, AND WELFARE OF THE ANIMALS, AND ARE THE LOW COST OF PROVIDERS TO PUPPIES IN THE RETAIL STORES.
TO GIVE YOU AN IDEA, IN 2021, THERE IS ALMOST 20,000 PUPPY MILL DOGS THAT WERE TRANSPORTED AGA ACROSS TEXAS STATE LINES TO BE SOLD IN OUR RETAIL PET STORES.
ACCORDING TO PLANOS ONLY RETAIL PET STORES WEBSITE, IT STATES NO PUPPY MILL ASSOCIATION.
WE WORK ONLY WITH ETHICAL BREEDERS AND WE TOUR ALL OUR FACILITIES.
BUT ACCORDING TO GOVERNMENT DOCUMENTS, WE KNOW THAT THEY SOURCED SOME OF THEIR DOGS FROM COMMERCIAL BREEDERS FROM OKLAHOMA AND ALSO MISSOURI.
IN FACT, ONE BREEDER USED HAS NOT BEEN INSPECTED BY THE U S D A SINCE DECEMBER OF 2021, AND AT THAT TIME HAD 96 DOGS ON THEIR PROPERTY.
A HUMANE ORDINANCE WOULD NOT LIMIT CONSUMER'S FREEDOM TO PURCHASE THE PUPPY OF THEIR CHOICE.
THERE ARE NUMEROUS ALTERNATIVES FOR CONSUMERS LIKE INCLUDING LIKE LOCAL SHELTERS, LOCAL RESCUES, BREED SPECIFIC RESCUES, AND RESPONSIBLE BREEDERS.
ONES WHO PLACE THE HEALTH AND WELFARE OVER THE PROFITS.
AND MOST OF THEM WILL ALSO SIGN AN AKC BREEDER CODE OF ETHICS STATING THEY WILL NEVER SELL TO THE PET STORES.
THE PET STORES THAT SELL PUPPIES ALSO HAVE ALTERNATIVES, WHICH INCLUDES PARTNERING WITH SHELTERS, PARTNERING WITH RESCUES, AND HOSTING ADOPTION EVENTS.
YOU MAY BE FAMILIAR WITH THE EVENTS AT PETSMART AND PETCO HOLLYWOOD FEE LOCATIONS THAT ALSO DO THE SAME.
AS OF TODAY, 16TH CITIES IN TEXAS HAVE PASSED HUMANE PET STORE ORDINANCES PROHIBITING THE SALE OF PUPPY MILLS IN RETAIL STORES, INCLUDING CITIES LIKE DALLAS, HOUSTON, SAN ANTONIO, FORT WORTH COLONY.
AND MOST RECENTLY, AS OF LAST WEEK, SAN MARCOS AND CORPUS CHRISTI ALSO JOINED THAT LIST.
I WOULD ENCOURAGE PLAINTIFF TO JOIN THIS GROSS GROWING LIST OF COMMUNITIES AND STOP THE UNREGULATED, UNTAXED AND UNSUPERVISED ATTORNEY.
I'D LIKE TO REQUEST THAT THIS, UH, MATTER BE PLACED ON A, UM, FUTURE AGENDA FOR US TO DISCUSS.
I'LL SECOND THAT AS SOON AS UH, STAFF CAN PULL TOGETHER INFORMATION ABOUT IT.
[01:20:06]
GOOD EVENING, MAYOR AND COUNCIL MEMBERS.UM, I'VE LIVED IN PLANO FOR THE LAST 16 YEARS.
UM, I'VE BEEN INVOLVED IN ANIMAL RESCUE AND SHELTER VOLUNTEERING.
I WANNA EXPRESS MY CONCERN THAT PLANO ALLOWS PET STORES TO OPERATE AND PROFIT BY SELLING DOGS AND PUPPIES THAT HAVE BEEN PURCHASED FROM COMME COMMERCIAL PUPPY MEAL BREEDERS.
WE HAVE AT LEAST ONE PET STORE CURRENTLY OPERATING IN PLANO THAT IS RESELLING AND PROFITING FROM PUPPY MEALS.
THESE PET STORES WILL TELL YOU THAT THEY OBTAIN PUPPIES FROM COMMERCIAL BREEDERS THAT ARE LICENSED BY U S D A.
WELL, THAT SOUNDS GOOD AND REPUTABLE, RIGHT? IT ACTUALLY HAS VERY LITTLE MEANING.
IT'S COMMON KNOWLEDGE IN THE INDUSTRY THAT REGULATIONS FOR PUPPY MILLS ARE SUBSTANDARD AND THAT THERE ARE POOR ENFORCEMENT AND LACK OF ACCOUNTABILITY FOR COMMERCIAL BREEDERS THAT SELL PUPPIES TO PET STORES.
BEING A LICENSED BREEDER WITH U S D A DOES NOT ENSURE THE SAFETY AND WELFARE OF DOGS.
U S D A LICENSED COMMERCIAL BREEDERS CAN ACTUALLY DO THE FOLLOWING.
THEY, THEY ARE ALLOWED TO KEEP DOGS AND CAGES THAT ARE ONLY SIX INCHES LONG, LARGER THAN THEIR BODIES FOR THEIR ENTIRE LIVES.
THEY CAN KEEP DOGS IN FRIGID OR EXTREME HEAT FOR LONG PERIODS OF TIME.
THEY CAN BREED DOGS REPEATEDLY AND EXCESSIVELY UNTIL THEY ARE NO LONGER USEFUL TO THE BREEDER AND THE, AND DISCARD THEM LIKE TRASH.
AND THEY ARE NOT REQUIRED TO PROVIDE REGULAR VET CARE BEYOND AN ANNUAL WALKTHROUGH OF THE FACILITY.
PUPPY MILLS ARE NOTORIOUS FOR OVERCROWDING DISEASE, GENETIC CONDITIONS, AND IN IN AND INADEQUATE ACCESS TO EVEN THE MOST BASIC VET CARE LEADING TO WIDESPREAD CASES OF NEGLIGENCE IN MALNUTRITION IN UNSANITARY ENVIRONMENTS.
AND YOU'VE PROBABLY SEEN THE VERY DISTURBING S P C A COMMERCIALS ON TV, UM, SHOWING HORRIFIC CONDITIONS THAT SOME PUPPY MILL DOGS HAVE BEEN FORCED TO LIVE IN.
BUT THOSE ARE NOT ISOLATED INCIDENTS.
IT'S A REALITY, AND IT HAPPENS EVERY DAY.
I'M SURE THE CITY DOESN'T WANT TO BE ASSOCIATED WITH LOCAL BUSINESSES THAT PARTICIPATE IN PROFIT FROM PUPPIES THAT COME FROM INHUMANE AND CRUEL CIRCUMSTANCES.
AND THE CITY AND ITS CITIZENS HAVE NO CONTROL OR INSIGHT INTO THE BREEDING ENVIRONMENT OF THESE DOGS.
ALSO, 20 SECONDS IN PUPPIES, UH, ABANDONED PUPPY MILL DOGS CONTRIBUTE TO OVERCROWDING OF SHELTERS.
AND TEXAS IS ONE OF THE TOP STATES IN THE NATION FOR KILLING SHELTER DOGS DUE TO SEVERE OVERCROWDING.
COMMON SENSE TELLS US THAT WHEN SHELTERS ARE OVER CAPACITY AND HEALTHY, DOGS AND PUPPIES ARE BEING KILLED JUST FOR LACK OF SPACE, WE NEED TO STOP SHIPPING IN THOUSANDS OF DOGS.
I'M ASKING YOU TO DO WHAT OTHER CITIES HAVE ALREADY DONE AND WHAT MORE CITIES ARE PLANNING TO DO PAST AN ORDINANCE THAT BANS PET STORES THAT SELL FOR PROFIT.
PUPPY MILL DOGS FROM COM COMMERCIAL BREEDERS.
THE LAST SPEAKER HAD TO LEAVE.
[CONSENT AGENDA]
LET'S MOVE ON TO THE CONSENT AGENDA.THE CONSENT AGENDA WILL BE ACTED UPON IN ONE MOTION AND CONTAINS ITEMS WHICH ARE ROUTINE AND TYPICALLY NON-CONTROVERSIAL.
ITEMS MAY BE REMOVED FROM THIS AGENDA FOR INDIVIDUAL DISCUSSION BY A COUNCIL MEMBER OF THE CITY MANAGER, ANY CITIZEN, TO PRESENT TIME LIMITS BASED UPON THE NUMBER OF SPEAKER REQUESTS.
MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED.
I HAVE A MOTION IS SECOND TO APPROVE THE CONSENT AGENDA, PLEASE VOTE.
THERE BEING NO FURTHER BUSINESS MEETINGS ADJOURNED.