[Workshop Session - 6:30 P.M. ]
[00:00:17]
LEWISVILLE CITY COUNCIL TO ORDER. WE HAVE A QUORUM, FIRST IS DISCUSSION OF THE CONSENT AND REGULAR AGENDA ITEMS. I HAVE YOU FOR THE INVOCATION TODAY, AND I HAVE YOU FOR THE PLEDGE.
WE HAVE TWO PROCLAMATIONS. THEN WE ARE GOING TO CALL OUT G- 9, BUT THAT ALSOALSO D-1. BOTH OPEN AT THE SAME TIME.
KIND OF FOLLOW ALONG, SUPPOSED TO MAKE THAT DANCE WORK PROPERLY. D-1 AND G-9.
WE'LL OPEN THE PUBLIC HEARING -- OPENING THE PUBLIC HEARING, THEN -- OPEN THE REGULAR HEARING, THEN THE PUBLIC HEARING OF ITEM D- 1, THEN WE'RE GOING TO GO THROUGH THE PUBLIC HEARING OF D-1 AND CLOSE IT. THEN WE'LL GO BACK TO G-9 AND
FINISH IT OUT. >> PURPOSE IS TO MAKE SURE ONE PRESENTATION, CAN TALK ABOUT ALL OF IT.
>> SO WE DON'T OPEN, CLOSE AND PASS IN PUBLIC HEARING AND TRY TO FIGURE OUT THE OTHER.
>> REASON IT'S LISTED THAT WAY IS PUBLIC HEARING IS ZONING, YOU HAVE TO GO THROUGH THE PUBLIC HEARING, OTHER IS NOT. THAT'S WHY IT'S SEPARATED OUT.
>> AND LIZ NODDED WHEN I SAID IT THAT WAY, I THINK I'M IN GOOD SHAPE. THAT'S WHAT
WE'VE GOT. >> THANK YOU FOR CLARIFYING.
>> ORDINANCE FOR SHORT- TERM RENTAL UNITS, G-9.
QUESTIONS ON THIS ONE? MOST OF THAT IS CLEANUP WORK ON THE LANGUAGE. THEN D- 1, PUBLIC HEARING.
CONDITIONS, PARKING. THIS IS THE SEPARATION BY 1,000 FEET, I THINK ONE OPTIONS WE TALKED ABOUT.
>> MAYOR, WE WILL HAVE A PRESENTATION OUT THERE FOR YOU, THE MOVING PIECES, LAST CHECK- IN WITH YOU GUYS.
>> GOT IT. ANY QUESTIONS ON THE MINUTES FROM LAST COUNCIL MEETING? F- 3, PREDICTIVEPREDICT IVE INFRASTRUCTURE. WE HAD A WORKSHOP ON THIS A FEW MONTHS BACK. F-4, BID AWARDS FOR TREE SUPPLY PLANTING. A HUGE INVESTMENT IN OUR URBAN FOREST. 5. HAPP ASSOCIATES. EASEMENT ACQUISITIONS FOR THE IMPROVEMENT DISTRICT. TO ENABLE A TRAIL.
ITEM 6, LEWISVILLE AND THE COMPANY, RAW WAS PURPOSED AND WE HAVE TO TRANSFER TO THE NEW ENTITY. 7.
DISBURSEMENT OF GRANT FUNDS. >> ARE ANY OF THESE IMPACTED BY THE SHUTDOWN?
>> NOT RIGHT NOW. NONPROFITS WITH ANY SHUTDOWN, OTHER SOURCES, BUT NOT OUR
ALTERNATIVE STANDARDS, EXTERIOR LIGHTING FOR OUTDOOR COURTS. THIS IS THE PICKLEBALL FACILITY THAT STRADDLES CAPPEL ANDAND
LEWISVILLE. >> DOESN'T LOOK LIKE THERE'S ANY RESIDENTIAL CLOSE ENOUGH FOR THAT TO BLEED?
[00:05:01]
THE LIGHTING TO BLEED OVER? >> NO, DON'T FEEL WOULD BE IMPACT TO RESIDENTIAL. IT'S ON THE OTHER SIDE OF A LARGE BUILDING.
>> OKAY. THAT'S WHAT IT LOOKED LIKE.
>> ITEM 9 WILL HAVE BEEN VOTED ON. THIS IS AGAIN, THE STR. ITEM 10, NOMINATE CANDIDATES TO THE DENTON CENTRAL DISTRICT BOARD OF DIRECTORS, TWO WHO REACHED OUT TO ME, I KNOW MIKE FOR MANY YEARS AND WE ALL KNOW ANN AND HER HISTORY WITH THE CITY, I THINK BOTH WOULD BE GREAT TO CONTINUE, AND I'M GLAD BOTH ASKED FOR REVIEWED. BUT IF THERE'S OTHER DISCUSSION, IT'S WHAT WE'RE HERE FOR.
ALL RIGHT. AND THEN REPORTS, WE'VE GOT QUARTERLY INVESTMENT REPORT AND A REPORT FROM CHIEF OF POLICE BROOK ROLLINS, TALKING ABOUT NATIONAL NIGHT OUT AND FAITH IN BLUE WHICH I'VE NOT HEARD OF. THEN WE DON'T HAVE A CLOSED SESSION THIS EVENING.
>> WE DON'T. WE HAVE NEWNEW BEFORE WE BRING IT BACK TO YOU.
>> IF THERE ARE NO QUESTIONS OR COMMENTS ON THE CONSENT AND REGULAR AGENDA, WE'LL MOVE ON TO WORKSHOP SESSION ITEM TWO, OVERVIEW OF THE UTILITIES AND ROLE OF CITY. WE HAVE THE PRINCIPALS TO GIVE THE PRESENTATION. OUR ATTORNEY ON THIS KIND OF THING.
>> AND MAYOR AND COUNCIL, IT WAS IMPORTANT TO BRING THIS.
I ASKED TOM, THANKS FOR COMING, BECAUSE OF THE HARD QUESTIONS YOU'VE BEEN ASKING US.
WE'VE BEEN APPROVING THE RATE CHANGES IN THE PAST.
SOME OF THE DETAILED QUESTIONS I ANSWERED TO THE FULL EXTENT WEWE GOOD, AND I WANTED TO HAVE A FULL BRIEFING SO YOU UNDERSTAND THE REGULATORY FRAMEWORK FOR YOU GUYS GOING FORWARD.
>> THANKS SO MUCH. HELLO, MAYOR, COUNCILMEMBERS, I APPRECIATE BEING HERE TONIGHT.
I'VE REPRESENTED THE CITY ON GAS AND ELECTRONIC ISSUES FOR YEARS, THIS IS THE FIRST TIME I'VE BEEN HERE AND ADDRESSED YOU PERSONALLY. THIS IS A PLEASURE. THE TOPIC IS TO GIVE YOU A LITTLE BIT OF BACKGROUND ON ELECTRIC AND GAS REGULATION IN THE STATE AND THEN TALKING ABOUT YOUR ROLE IN THE PROCESS.
I'LL JUMP RIGHT IN, BEFORE I DO, PLEASE FEEL FREE TO INTERRUPT AND ASK QUESTIONS.
DON'T WANT TO FEEL LIKE I'M LECTURING YOU FOR 30 MINUTES. LET'S START GOING BACK TO THE BEGINNING, TALKING ABOUT THE REGULATION.
MOST OF THE LAST 120 YEARS OR SO, ELECTRIC UTILITIES WERE VERTICALLY INTEGRATED, BUNDLED, THEY OWNED ALL ASPECTS OF THE SERVICE, POWER PLANTS, TRANSMISSION AND DISTRIBUTION LINES AS WELL AS THE RETAIL FUNCTION.
READ THE METERS, SENT YOU A BILL. EVERYTHING WAS FINE. AND THE CITIES AS WELL AS THE COURT REGULATED THOSE RATES AND SERVICES FOR MOST OF THAT HISTORY.
THEN IN 1975 THE TEXAS LEGISLATURE ADOPTED A LAW, PURA, AND ESTABLISHED THE PUBLIC UTILITY COMMISSION OF TEXAS. PRIOR TO THAT TIME, TIME, CITIES WERE THE ONLY REGULATORY AUTHORITY.
THE UTILITY WANTED TO CHANGE THE RATE, WOULD COME TO THE CITY, THE CITY WOULD SET THE RATES AND THEY HAD DIFFERENT RATES IN EACH CITY.
NEVER HAD IT IN A SYSTEM. FORT WORTH WAS DIFFERENT FROM LEWISVILLE. THE PUBLIC UTILITY ADMINISTRATION WAS TO HAVE ONE TO REGULATE. WE HAVE THEM IN ALL 50 STATES.
CITIES SAID THEY STILL WANTED A ROLE IN THE PROCESS.
AND THEY WERE INFLUENTIAL IN GETTING THE PUBLIC UTILITY REGULATORY ACT TO ALLOW THEM TO STILL HAVE ORIGINAL JURISDICTION. I'LL TAKE A MOMENT TO EXPLAIN WHAT THAT MEANS. ORIGINAL JURISDICTION
[00:10:01]
MEANS YOU HAVE THE LEGAL AUTHORITY OVER ELECTRIC AND GAS AS WELL. WE'LL TALK ABOUT THAT IN A MINUTE. BUT ELECTRIC SERVICE WITHIN YOUR CITY LIMITS. PUC HAS APPELLATE JURISDICTION.ANYTHING YOU DO CAN BE APPEALED TO THEM.
WE'LL TALK ABOUT THAT MORE IN A MOMENT. THE PUC IS CREATED IN 1975.
AND FOR THE FIRST FIVE OR TEN YEARS IT'S WHAT WAS REFERRED TO AS THE GOLDEN AGE OF REGULATION. PUC GETTING FOOT IN, CITIES TRYING TO SORT OUT WITH THE NEW AGENCY IN AUSTIN. AND IT WAS A TIME THAT UTILITIES WERE SPENDING A LOT ON POWER PLANTS. IN PARTICULAR A LOT OF NUCLEAR PLANTS WERE CONSIDERED AT THAT TIME. WE HAVE TWO LOCATED IN TEXAS, FOUR THAT PROVIDE POWER IN TEXAS.
THEY ENDED UP BEING VERY EXPENSIVE, LED TO BIG RATE INCREASES, BECAME VERY POLITICIZED ISSUE.
AND CITIES BECAUSE OF THAT BEGAN TO MOBILIZE AND FORM COALITIONS. GROUPS OF CITIES TO PARTICIPATE IN THE RATE MAKING PROCEEDINGS AT THE PUC.
WE'LL TALK ABOUT THOSE COALITIONS AND YOUR MEMBERSHIP IN A FEW MOMENTS.
IN THE 1990S, THERE WAS AA ACROSS THE COUNTRY TO DEREGULATE LOTS OF INDUSTRIES, TRUCKING, AIRLINE, LOTS OF THINGS LIKE THAT. IN THE LATE '90S THERE WAS A PUSH TO DEREGULATE THE SALE OF ELECTRICITY. THAT GAVE RISE TO ADOPTION OF SB- 7 WHICH OPENED UP PARTS OF TEXAS TO RETAIL COMPETITION. THAT BEGAN 1-1-02.
AFTER DEREGULATION, WE HAVE PREVIOUSLY BUNDLED UTILITIES BROKEN APART INTO DIFFERENT COMPONENTS. NOW YOU HAVE ENTITIES THAT ARE RETAIL ELECTRIC PROVIDERS, ALLIANTS OF THE WORLD, THAT HAVE THE INTERACTION WITH CUSTOMERS.
YOU HAVE THE TRANSMISSION DISTRIBUTE UTILITIES, ENCORES OF THE WORLD THAT OWN WIRES THAT BRING THE POWER TO THE CUSTOMERS. THEN OTHER ENTITIES, THEY OWN THE POWER PLANTS. VISTA AND NRG AND MANY OTHERS.
THE GENERATION COMPONENT IS NOT REGULATED BY THE STATE EXCEPT IN LIMITED WAYS. THE RETAIL FUNCTION IS NOT LIMITED BY THE STATE EXCEPT IN LIMITED WAYS. BUT THE WIRES COMPONENT IS STILL REGULATED BY THE PUBLIC UTILITY COMMISSION AND CITIES, INCLUDING YOUR CITY. I'VE TOUCHED ON THAT.
THE GENERATION AND SALE OF ELECTRICITY TO CUSTOMERS IS NOT REGULATED BY THE STATE, BUT THE WIRES THAT PROVIDE -- THAT MOVE THAT POWER FROM THE POWER PLANTS TO THE END USE CUSTOMERS IS REGULATED BY CITIES AND PUC.
WHEN I USE THE PHRASE ELECTRICELECTRIC UTILITY, WIRES COMPANY, TRANSMISSION OR DISTRIBUTION UTILITY, THEY'RE ALL THE SAME THING.
IN THIS CONTEXT, IT MEANS TNP OR ENCORE.
THE IDEA IS SIMPLE, IT WOULD BE UNWIELDY AND COST PROHIBITIVE TO HAVE MULTIPLE ENTITIES OWNING WIRES.
BECAUSE OF THAT THEY STILL HAVE WHAT IS REFERRED TO AS NATURAL DENOMINATE.
THIS IS LIKE A HIGHWAY DIVIDER. LIKE MOVING CARS FROM ONE PLACE TO ANOTHER. THEY'RE A NATURAL MONOPOLY AND STILL REGULATED BY THE PUC AND THE CITIES.
WHERE DO WE HAVE COMPETITION IN TEXAS? WITHIN ERCOT, THERE ARE AREAS THAT DO NOT HAVE COMPETITION STILL EITHER. THE ACTUAL AREAS WE HAVE COMPETITION IN TEXAS ARE THE COLORED AREAS ON THE MAP. EVEN THOUGH IT LOOKS LIKE A LOT OF WHITE AREAS, AREAS YOU DON'T HAVE COMPETITION, THIS, THE COLORED AREAS, MAKE UP ABOUT 85% OF THE LOAD IN TEXAS.
IT'S MAINLY BECAUSE YOU CAN SEE UP IN GREEN, ENCORE, AND YELLOW AREA IS CENTER POINT, GREATER HOUSTON AREA, AND LOTS IN BETWEEN STILL VERTICALLY INTEGRATED, THE UTILITIES STILL OWN ALL ASPECTS OF THE BUSINESS, AND THEY'RE FULLY REGULATED BY THE PUBLIC UTILITYUTILITY AS WELL AS THE CITIES. NOW THE ELECTRICAL LIABILITY
[00:15:06]
COUNCIL OF TEXAS. ERCOT IS THIS BLUE AREA HERE IN THE STATE. NOT THE PANHANDLE, EL PASO, NORTHEAST OR SOUTHEAST PORTIONS OF THE STATE.THE REST OF THE STATE IS ERCOT. IT'S A LIABILITY COUNCIL, MULTIPLE ACROSS THE COUNTRY, AND ROLE IS KEEP THE LIGHTS ON. SINCE MAJOR WEATHER EVENTS IN OUR STATE HAVE HAPPENED, THEIR ROLE HAS BEEN MUCH MORE IN THE FOREFRONT. FIVE YEARS AGO, IF YOU MENTIONED ERCOT, HARDLY ANYONE KNEW WHAT IT WAS. NOW EVERYBODY KNOWS ABOUT ERCOT.
MAKES DINNER CONVERSATION A LITTLE MORE INTERESTING AROUND MY HOUSE. IN ADDITION TO KEEPING THE LIGHTS ON -- ERCOT DOES SEVERAL THINGS.
ONE IS THEY MAINTAIN SYSTEM RELIABILITY, KEEPING THE LIGHTS ON. WORK WITH THE PUC AND LEGISLATURE, THEY HAVE A STAKEHOLDER PROCESS, AND PRIMARY PURPOSE IS KEEP THE LIGHTS ON.
THEY ALSO FACILITATE THE WHOLESALE MARKET. POWER IS BOUGHT AND SOLD WITHIN ERCOT IN A DEREGULATED MANNER, A FREE, OPEN MARKET.
IT DOES HAVE LIMITATIONS AND ISIS SOME WAYS, NOT ENTIRELY FREE. RULES FOR THAT MARKETPLACE ARE SET AT ERCOT. THEN THE THIRD THING THEY DO THAT'S CRITICAL TO CONSUMERS, THEY ALSO FACILITATE A COMPETITIVE RETAIL MARKET.
WE WANT A HEALTHY, ROBUST MARKET, WHATEVER CITY PAYS FOR ELECTRICITY IS BORNE BY CONSUMERS, A COMPETITIVE MARKET WE GET BETTER PRICING. LASTLY, THEY HELP TO ENSURE WE HAVE OPEN ACCESS TO TRANSMISSION.
MEANING, WE WANT TO MAKE IT EASY FOR BUSINESSES AND INDUSTRY THAT COME TO OUR STATE TO BE ABLE TO CONNECT TO THE TRANSMISSION SYSTEM TO GET ELECTRICITY AND PROVIDE JOBS AND DEVELOPMENT, THE THINGS THEY DO FOR THE TEXAS ECONOMY. I'VE TOUCHED ON THIS ALREADY, WHY ERCOT IS IMPORTANT.
MAINLY FOR THE REASONS I'VE SAID, TO MAKE SURE THE MARKET WORKS PROPERLY TO GET GOOD PRICING, TO MAKE SURE THE PLAYERS PLAY BY THE RULES, AND THERE'S NO MARKET ABUSE IN THAT WAY. AND PERHAPS MOST FUNDAMENTALLY, TO MAKE SURE THE LIGHTS STAY ON. WHEN CITIES ASK ME, OR I REALLY GET THIS -- WHY ARE CITIES INVOLVED AT ERCOT, AT PUC, AT LEGISLATURE, THE ANSWER IS SIMPLE AND TWO-FOLD. WE WANT REASONABLE PRICES FOR OUR CITIZENS, BUSINESSES, INDUSTRY AND OUR OWN ACCOUNTS.
TAXPAYERS PICK UP THE BILL END OF THE DAY.
AND WE WANT RELIABLE SERVICE, THE LIGHTS TO BE ON WHEN WE FLIP THE SWITCH. THOSE ARE THE TWO REASONS.
CITIZENS WANT TO KNOW, ANYONE EVER ASK, YOU'RE ASKING YOURSELF WHY ARE WE INVOLVED IN THESE COALITIONS, FUNDAMENTALLY SPEAKING FOR TWO REASONS, REASONABLE RATES AND RELIABLE SERVICE THAT'S ALSO SAFE. ERCOT IS A STAKEHOLDER PROCESS, ALL THE INTERESTS COME TOGETHER AND THEY HAVE REPRESENTATIVES WHO SERVE ON VARIOUS COMMITTEES WHERE THE RULES OF THE MARKETPLACE ARE SET.
AND BECAUSE OF THAT, CITIES HAVE PARTICIPATED IN LARGE NUMBERS SINCE 2006 IN ERCOT. IN THIS CURRENT CALENDAR YEAR THERE'S OVER 165 CITIES, INCLUDING YOUR CITY, THAT PAID $100 TO ERCOT TO GET MEMBERSHIP. THEN YOU'RE WONDERING, WHY DO WE NEED TO BE A MEMBER.
MY RESPONSE IS FOR A MODEST AMOUNT, $100, YOU'RE ABLE TO HAVE VOTING STRENGTH. WHAT IS GOING ON RIGHT NOW, YOU ALL PROBABLY HAVE GOTTEN EMAILS, YOUR STAFF, FROM ME.
IT'S MEMBERSHIP TIME AT ERCOT FOR 2026.
YOU HAVE UNTIL THE END OF OCTOBER TO PAY YOUR $100 TO BE A MEMBER. THEN IN EARLY NOVEMBER THEY WILL HAVE ELECTIONS. BECAUSE WE HAVE 165 CITIES, WE'RE ABLE TO HAVE CITY REPRESENTATIVES ELECTED TO BE ONE OF THOSE STAKEHOLDERS ON THE VARIOUS COMMITTEES AT ERCOT. CURRENTLY WE HAVE REPRESENTATIVES ON THE TECHNICAL ADVISORY COMMITTEE AND THE WHOLESALE MARKET SUBCOMMITTEE. WE HAVE THREE INDIVIDUALS ON THOSE COMMITTEES. THEY'RE ABLE TO REPRESENT
[00:20:04]
YOUR INTERESTS AT ERCOT ON VARIOUS MATTERS. OKAY.TALK BRIEFLY ABOUT GAS, THEN MOVE ON TO COALITIONS YOU'RE PART OF.
GAS REGULATION IN TEXAS IS MUCH MORE STRAIGHTFORWARD.
INFORMALLY WE HAVE COMPETITION BUT NOT FORMAL COMPETITION. MOST SERVICE IS DONE IN A MONOPOLY WAY. THE CITIES HAVE ORIGINAL JURISDICTION OVER RIGHTS AND SERVICES. IF ATLAS WANTS TO CHANGE THEIR RATES, THEY HAVE TO COME TO THE CITIES AND ASK FOR PERMISSION. AS WELL AS ANY OTHER CITY WITH ORIGINAL JURISDICTION OVER THE SERVICES. SAME IS TRUE OF THE OTHER ONE IN THE CITY.
APPELLATE JURISDICTION, ANYTHING YOU DECIDE CAN BE APPEALED BY THE UTILITY TO THE COMMISSION.
HISTORICALLY, GAS UTILITIES HAVE ONE BIG RATE CASE EVERY THREE, FOUR YEARS. BUT UTILITIES IN THE LATE 1990S SAID THEY WEREN'T GETTING COST RECOVERY SOON ENOUGH. SPECIFICALLY, WHEN ATMOS AND BEFORE THEM, A GAS UTILITY, NOT THE SAME, ACQUIRED LONE STARSTAR ASSETS. THEY PROVIDED SERVICE IN NORTH TEXAS FOR MANY, MANY YEARS, AND MANY OF YOU PROBABLY REMEMBER THEM. THEY DIDN'T MAINTAIN THEIR SYSTEM WELL.
THERE WAS A LOT OF UNSAFE PIPE, AGING PIPE. WHEN ATMOS TOOK OVER THE ASSETS THEY SAID TO THE LEGISLATURE, WE HAVE TO REPLACE TREMENDOUS AMOUNT OF PIPE THROUGH THE 346 CITIES. THIS IS GOING TO COST A LOT OF MONEY AND WE DON'T WANT TO FILE RATE CASES EVERY THREE, FOUR YEARS, WHAT CAN YOU DO FOR US.
AND SO THE LEGISLATURE COOPERATED BY ADOPTING IN 2003 THE GAS RELIABILITY INFRASTRUCTURE PROGRAM OR GRIP. THINK OF IT AS ANNUAL, EXPEDITED MINI RATE CASE. WE GOT INVOLVED IN THE VERY FIRST ONE, ATTEMPTED TO DISALLOW UNREASONABLE COSTS AND THE RAILROAD COMMISSION SAID NO, YOU CAN'T DO THAT.
THERE IS NO CONTEMPORANEOUS REVIEW WHEN YOU FILE A GRIP. WE CHALLENGED IT, TOOK IT TO THE TEXAS SUPREME COURT. THE SUPREME COURT SAID NO, GRIP FILING, WE ASK, WE GET, THERE'S NO REVIEW.
WORKED FOR 184 OF ATMOS' CITIES, INCLUDING YOUR CITY, WE GOT TOGETHER AND SAID WE DON'T LIKE GRIP, HAVE TAKEN IT TO COURT AND LOST, BUT NOT SATISFIED, WHAT CAN YOU DO FOR US? WE WORKED OUT WITH THEM A PROCESS KNOWN AS THE RRM.
RATE REVIEW MECHANISM. IT'S THE SUBSTITUTE TO GRIP IN SOME WAYS, SIMILAR. IT'S SIMILAR IN THAT EVERY SPRING, EVERY APRIL, ATMOS COMES IN AND FILES A RATE APPLICATION WITH YOUR CITY AND ALL THE CITIES IN THE COALITION.
IT'S ANNUAL, EXPEDITED, LIMITED IN THE NUMBER OF ISSUES, ALSO IN THE AMOUNT THAT THEY CAN ASK FOR. BY PERCENTAGE.
MOST NOTABLY, HOWEVER, UNLIKE GRIP, WE HAVE AN OPPORTUNITY TO REVIEW THEIR FILING AND RECOMMEND DISALLOWING ANY UNREASONABLE COSTS. SO FOR THE LAST, WHAT YEAR IS IT, 2025? FOR THE LAST 15 YEARS, GIVE OR TAKE A YEAR OR TWO, WE'VE HAD ANNUAL FILINGS. ATMOS FILES THEM, YOU RECEIVE THEM, WE HAVE A CONSULTANT WHO CONDUCTS DISCOVERY, THEN WE ISSUE A REPORT, THEN WE HAVE SETTLEMENT NEGOTIATIONS. EACH TIME IN THE LAST 15 OR SOSO YEARS, BEEN ABLE TO SETTLE THOSE CASES. IF WE'RE NOT ABLE, THEY'RE ABLE TO APPEAL TO THE RAILROAD COMMISSION, BUT THAT WOULD BE DIFFICULT, BECAUSE THE COMMISSION WOULD BE LIKELY TO APPROVE WHAT THEY ASK FOR SIMILAR TO GRIP AND WOULD PROBABLY MEAN THE END OF RRM. THIS YEAR ATMOS ASKED FOR A VERY LARGE RATE INCREASE. LARGE EVEN BY THEIR STANDARDS.
WE REDUCED IT TO $205 MILLION THROUGH NEGOTIATIONS,
[00:25:01]
REDUCED ABOUT $40 MILLION BUT WOULD BE $245 MILLION IF WE HAD GRIP. AND I WOULD SAY FOR THOSE AREAS THAT ATMOS SERVES, THEY'RE OUTSIDE OF CITY LIMITS OR THOSE NOT MEMBERS OF THE COALITION PAY HIGHER GAS RATES, INCLUDING THE CITY OF DALLAS.WHEN PEOPLE ASK WHY ARE WE IN THIS, ONE VERY DIRECT ANSWER IS BECAUSE THE CITY AND EVERY BUSINESS AND RESIDENT THAT IS A CUSTOMER OF ATMOS IN THE CITY PAYS LOWER RATES BECAUSE OF THAT PARTICIPATION.
THERE ARE OTHER GAS UTILITIES IN THE STATE.
THERE'S CENTER POINT, TEXAS GAS SERVICE COMPANY.
UNLIKE ELECTRIC UTILITIES, GAS UTILITIES ARE BUNDLED OR VERTICALLY INTEGRATED, THEY OWN ALL ASPECTS OF THE PROVISION OF GAS SERVICE. THERE ARE SOME AREAS.
I MENTIONED GRIP AND RRM. THERE ARE OTHER AREAS YOU DON'T HAVE AUTHORITY OVER.
FOR EXAMPLE, ENERGY EFFICIENCY PROGRAMS. LAST SESSION, THEY SAID THE RAILROAD COMMISSION HAS JURISDICTION OVER THAT AND CITIES DON'T. NOW THE ROLE OF CITIES.
WE'VE TALKED ABOUT IT A LITTLE BIT THUS FAR.
CITIES ARE REGULATORY AUTHORITIES WITH LEGAL AUTHORITY OVER RATES AND SERVICES WITHIN YOUR COMMUNITY. YOU DON'T HAVE JURISDICTION OVER TELEPHONE, INTERNET, CABLE OR OTHER AREAS EXEMPTED BY THE LEGISLATURE. I COVERED THIS ALREADY.
WHAT WE'VE SEEN HAS BEEN A TREND IN THE LAST TEN YEARS WHERE THE UTILITIES HAVE GONE TO THE LEGISLATURE AND SAID WE NEED NEW LEGISLATION, SOMETHING THAT'S GOING TO ALLOW US TO GET MORE TIMELY RECOVERY OF STORM COSTS AND DON'T WANT TO MESS WITH THE CITIES. WE WOULD LIKE TO MAKE IT WHERE THE PUC HAS EXCLUSIVE JURISDICTION OVER THIS PARTICULAR MATTER. AND THE LEGISLATURE HAS BEEN WILLING TO COOPERATE IN THOSE AREAS. SAME TRUE, RECENTLY WE HAD SYSTEM RESILIENCY PLANS, ALSO AUTOMATED METERS WHEN THEY CAME OUT TEN YEARS AGO, ALL PIECES OF LEGISLATION THAT THE LEGISLATURE SAYS PUC HAS EXCLUSIVE JURISDICTION. BUT CITIES STILL HAVE AUTHORITY OVER DISTRIBUTION SERVICE ON THE ELECTRIC SIDE AND ALMOST ALL SERVICE ON THE GAS SIDE.
>> WE'RE GOING TO PAUSE HERE. I HAVE TO GO IN TO START UP THE REGULAR MEETING, THEN POP BACK IN AND FINISH THIS UP.
>> KEEP THE WORKSHOP SESSION OPEN BUT WE'RE GOING TO START UP THE REGULAR SEASON.
SEE YOU BACK HERE IN A MOMENT.
[Regular Session - 7:00 P.M.]
>>> IT IS 7:00, WE'RE GOING TO CALL THIS REGULAR SEASON OF
[A. Invocation - Councilmember Lonnie Tipton]
THE LEWISVILLE CITY COUNCIL TO[00:30:02]
ORDER. WE HAVE A QUORUM. FIRST UP TONIGHT, INVOCATION WITH COUNCILMEMBER LONNIE TIPTON.>> LET'S HAVE A MOMENT OF SILENT PRAYER.
[B. Pledge to the American and Texas Flags - Councilmember Kristin Green]
>> PLEASE JOIN ME FOR THE PLEDGE OF ALLEGIANCE TO OUR FLAG. 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 THEE TEXAS, ONE STATE UNDER GOD, ONE
[I. Return to Workshop Session if Necessary]
AND INDIVISION.>> WITH THAT WE'RE GOING BACK INTO WORKSHOP.
WE HAVE A FEW MORE MINUTES OF CONTENT TO GET THROUGH AND THEN WE'LL BE BACK TO RETURN TO OUR REGULAR SEASON.
>> I'M GOING TO SPEND THE REST OF MY TIME TALKING ABOUT THE ORGANIZATIONS THE CITY IS A MEMBER OF.
TALKED A LITTLE BIT ABOUT THIS ALREADY. SO IT'S A UNIQUE UTILITY IN SEVERAL WAYS, ONE IS THEY PROVIDE SERVICE IN SEVERAL AREAS OF THE STATE, INCLUDING DOWN IN THE SOUTHEAST TEXAS AREA.
IN THE TEXAS AREA NEAR GALVESTON, AND OF COURSE HERE IN LEWISVILLE. MANY YEARS AGO, A GROUP OF CITIES IN THE SERVICE AREA FORMED A COALITION.
WE SERVE AS COUNCIL FOR THAT GROUP.
IT'S AD HOC, ONLY REALLY COMESCOMES WHEN TNP FILES A RATE CASE OR ANY OTHER TYPE OF PROCEDURE, ENERGY EFFICIENCY CASES THEY FILE, THE CITIES COME TOGETHER. PARTICIPATE AS A GROUP, AND GET INVOLVED. SOMETIMES AS A CONSULTANT, SOMETIMES IT'S NOT NECESSARY. ONE IMPORTANT THING TO MENTION TO YOU, WHEN THE REGULATORY ACT WAS ADOPTED, CITIES STILL WANTED TO BE PART OF THE PROCESS, STILL WANTED JURISDICTION.
SOMETHING ELSE WAS INCLUDED IN THE STATUE THAT ALLOWS CITIES TO BE REIMBURSED FOR THEIR REASONABLE EXPENSES FOR PARTICIPATING IN A RATE- MAKING PROCEEDING.
WHAT DOES THAT MEAN? WHEN YOU HAVE CONSULTANTS, AT THE END OF THE CASE WE PROVIDE THE INVOICES TO THE COMMISSION. THEY REVIEW THEM, IF THEY'RE APPROVED, THE UTILITY PAYS THE CITIES WHO THEN PAY US FOR OUR SERVICES. WE DON'T SEND YOU A BILL.
BUT THEY FILE A CASE, WE GETGET INVOLVED, ENGAGE CONSULTANTS AND ENGAGE IN HAD THE MEETINGS OR IF WE HAVE TO GO TO COURT, WE DO THAT AS WELL. WHY IS THAT A GOOD DEAL? BECAUSE THE COST OF CITY PARTICIPATION IS FAR LESS WHAT WE GET FOR CUSTOMERS. THAT'S HOW THE FINANCIAL PIECE WORKS WITH TNMP CITIES. OTHER THINGS THEY WILL FILE, THEY HAVE A SALES TRANSFER MERGER, HAVING NEW OWNERSHIP.
[00:35:04]
THAT'S NOT REIMBURSABLE. WE ARE PARTICIPATING WITH SOME OF THE CITIES ON A MODEST BUDGET, REVIEWING IT, MAKING SURE THAT THE NEW -- THE MERGER IS WITHIN THE PUBLIC INTEREST. SO WE ARE PARTICIPATING IN THAT CASE AT PUC. SECOND GROUP I WANT TO TELL YOU ABOUT IS THE OCSC, A GROUP OF 174 CITIES SERVED BY ENCORE.THAT IS A STANDING COMMITTEE, THAT GROUP HAS OFFICERS, THEY HAVE A STANDING BUDGET, GET INVOLVED IN NONREIMBURSABLE MATTERS. THEY PARTICIPATE IN THE LEGISLATURE AND ERCOT. YOU'RE A MEMBER OF THAT ORGANIZATION AS WELL. THEY MEET WITH ENCORE THREE OR FOUR TIMES A YEAR, AN OPPORTUNITY TO MEET FACE-TO- FACE WITH THEM FOUR TIMES A YEAR AND TALK ABOUT ISSUES IMPORTANT TO US. SIMILAR IS THE CITY STEERING COMMITTEE I TALKED ABOUT, 180- PLUS CITIES. SERVED BY ATMOS, A STANDING COMMITTEE YOUR CITY IS A MEMBER OF. WE MEET WITH ATMOS FOUR TIMES A YEAR, NORMALLY THE SAME TIME AS ENCORE, AN OPPORTUNITY FOR US TO MEET WITH THEM FACE-TO- FACE AT LEAST FOUR TIMES A YEAR YEAR IF WE HAVE OTHER ISSUES, MORE FREQUENTLY.
THAT GROUP ALSO GETS IN PROJECTS AT THE RAILROAD COMMISSION, NOT A LOT OF THEM THERE, BUT IF THERE ARE, RARELY, WE GET INVOLVED. OCSC AND ACSC ARE ACTIVE IN THE LEGISLATURE AS WELL. ALSO TEXAS FOR AFFORDABLE POWER, TCAP. ONE OF THE BENEFITS THE LEGISLATURE GAVE ALL CONSUMERS WHEN WE DEREGULATED THE MARKET IS ABILITY TO COMBINE. IT WAS CALLED CAP, BUT NOW TCAP.
A GROUP OF 172 CITIES THROUGHOUT ERCOT.
YOUR CITY IS A MEMBER. AND WHAT THAT GROUP DOES IS COMBINES OR AGGREGATES ALL THE ELECTRIC NEEDS OF ITS 172 MEMBERS AND HAS THEM SERVE UNDER ONE CONTRACT. ANYTHING THIS CITY OWNS, INCLUDING THIS BUILDING AND POLICE AND FIRE STATIONS, CIVIC CENTERS, STREETLIGHTS, IT'S SERVED UNDER ONE CONTRACT THROUGH TCAP.
WE'RE SERVING AS COUNSEL TO THE ORGANIZATION. THAT DOES A COUPLE THINGS FOR YOU. SLIGHTLY LOWER PRICE BUYING IN BULK. MARKETPLACE, ONE PRICE, COMBINED WITH ALL THESE OTHER CITIES, SLIGHTLY LOWER PRICE.
NOT A HUGE SAVINGS BUT SOME. OTHER THING THIS DOES FOR YOU IS MAKES IT WHERE YOU DON'T HAVE BECOME EXPERTS IN ELECTRICITY PRICING.
THAT ORGANIZATION, WHICH HAS A BOARD THAT'S COMPRISED ENTIRELY OF CITY EMPLOYEES, NOT FOR PROFIT, HIRES A CONSULTANT THAT WORKS WITH GETTING BIDS, SECURING A CONTRACT. WE PROVIDE THE LEGAL SUPPORT FOR THAT ORGANIZATION.
I TELL CITIES THAT BEING A MEMBER OF SOMETHING LIKE TCAP, PROVIDES SAVINGS AND EXPERTISE YOU OTHERWISE HAVE TO GET IT, BUT PROVIDES COMFORT THAT THE ORGANIZATION IS RUN BY CITY EMPLOYEES WHO DON'T HAVE A PROFIT MOTIVE AND WANT TO GET THE BEST DEAL THEY CAN FOR CITIES.
WHATEVER YOU PAY FOR ELECTRICITY IS ULTIMATELY PAID FOR BY THE TAXPAYER AND BY BEING A MEMBERMEMBER OF THE GROUPS LIKE THIS, YOU'RE DOING THAT. YOU'RE ALSO A MEMBER OF A STATEWIDE GROUP THAT KEEPS CITIES UP TO DATE ON VARIOUS UTILITY THINGS GOING ON.
THAT GROUP IS STATEWIDE, FOCUSED NOT JUST ON ELECTRIC AND GAS BUTBUT TELECOMMUNICATIONS. COVERS AN AREA THAT NONE OF THE OTHERS DO. ERCOT, YOU'RE ALSO A MEMBER, YOU PAID YOUR $100.
[00:40:01]
THAT'S IMPORTANT. AND LASTLY THE COSERVE CITY GROUP. IT'S UNIQUE, THEY PROVIDE ELECTRIC SERVICE AND GAS SERVICE.ELECTRIC SERVICE IS REALLY DEREGULATED. MEANING THE CO- OP BOARD SETS RATES THAT THE CO- OP CHARGES AND PUC REALLY DOESN'T HAVE OVERSIGHT OVER THOSE MATTERS. WHEN DEREGULATION BEGAN, AGAIN 23 YEARS AGO, THE CO- OP SAID WE DON'T WANT TO BE PART OF THIS, LEGISLATURE AGREED, SO CO- OPS ARE LARGELY DEREGULAR TED BECAUSE OF THAT.
ON THE GAS SIDE, THE RAILROAD COMMISSION DOES SET THEIR RATES LIKE THEY DO FOR ATMOS AND OTHER PROVIDERS.
THERE IS A GROUP OF CITIES YOU'RE PART OF, AD HOC GROUP, MEANING AGAIN IT JUST COMES TOGETHER WHEN COSERVE FILES A CASE AND WE PARTICIPATE. THEY HAD A RATE CASE A COUPLE YEARS AGO, WE WERE INVOLVED IN THAT.
THEY DO NOT HAVE THE RRM. THEY FILE GRIP FILINGS.
FOR THOSE AREAS OF YOUR CITY SERVED BY COSERVE, THEY HAVE GRIP RATES.
YOU MAY RECEIVE THOSE FILINGS, BUT THERE'S NOTHING SUBSTANTIVELY YOU CAN DO ABOUT THEM.
ONLY THING YOU CAN DO IS ADOPT A RESOLUTION, WHICH YOU MAY HAVE DONE, TO DELAY IT 45 DAYS. YOU CAN PUT OFF THE RATE INCREASE 45 DAYS BUT OTHERWISE CAN'T DO ANYTHING.
THOSE ARE THE GROUPS THE CITY IS PART OF, WHAT THE PURPOSES ARE, AND HOW THEY OPERATE. COVERED ALL THIS I BELIEVE ALREADY. AND THAT AS WELL. YEAH.
THAT CONCLUDES MY PRESENTATION. SORRY I WENT OVER. HAPPY TO ANSWER ANY QUESTIONS THAT MIGHT BE ON YOUR MIND ABOUT
THESE ISSUES. >> I WAS HOPING WE COULD SEE WHAT THE PROCESS IS.
>> SURE. I SKIPPED OVER THESE EARLIER BECAUSE OF CONCERN OVER TIME.
THESE ACTUALLY FOCUS ON GRIP HOWEVER.
DON'T WANT TO GET BOGGED DOWN IN ALL THE BOXES.
WHEN ENCORE OR TNMP FILE A RATE CASE -- START WITH THE ELECTRIC SIDE -- PUC HAS 185 DAYS TO PROCESS THE CASE. YOUR CITY HAS 125 DAYS TO PROCESS THE CASE.
NORMALLY YOU GET 35 DAYS TO DO SOMETHING.
TYPICALLY WHAT WE RECOMMEND IS THAT YOU SUSPEND THE EFFECTIVE DATE. UNDER THE LAW, THEY COME IN, THEY HAVE TO MAKE THE FILING, THEN THEY HAVE TO ESTABLISH WHEN ARE THE RATES GOING INTO EFFECT.
IT CAN BE NO LESS THAN 35 DAYS. MOST SET IT AT 35 DAYS.
THE LAW ALLOWS YOU TO SUSPEND IT AN ADDITIONAL 90 DAYS, GIVING YOU A TOTAL OF 125 DAYS TO TAKE SOME TYPE OF FINAL ACTION. TYPICALLY WHEN A CASE IS FILED, WE SEND OUT AN EMAIL BLAST, SAYING WE'RE GOING TO BE INVOLVED ON BEHALF OF THE COALITION. YOU ALWAYS HAVE THE ABILITY TO SAY I DON'T WANT TO BE PART OF IT, IF YOU CHOOSE TO DO SO. WE PROVIDE YOU WITH RESOLUTIONS, AND PLEASE SCHEDULE TO SUSPEND WITHIN THE 35- DAYDAY FRAME. WE GIVE YOU RESOLUTIONS.
YOU TAKE ACTION AND SUSPEND THE TIME FOR FINAL ACTION AN ADDITIONAL 90 DAYS. THEN YOU HAVE 35 PLUS 90, 125 TOTAL DAYS TO TAKE SOME TYPE OF FINAL ACTION.
WE GET CLOSE TO 125TH DAY, YOU'VE GOT TO DO SOMETHING.
NORMALLY ON AROUND THE 90TH DAY WE PROVIDE YOU WITH DOCUMENTS THAT RECOMMEND ONE OF THREE THINGS.
WE COULD EITHER SAY WE'VE REACHED A SETTLEMENT, WE'D LIKE YOU TO APPROVE IT. IF YOU DO THAT, THE MATTER IS OVER. PUC HAS NO JURISDICTION OVER US AT ALL. IT'S DONE.
SECOND THING WE MIGHT BE RECOMMENDING TO YOU IS SET RATES. COMPANY WANTS TO RAISE $50 MILLION, WE THINK IT SHOULD BE $10 MILLION.
HERE'S A RESOLUTION, SET THOSE RATES.
WE NORMALLY DON'T DO THAT, HOWEVER, BECAUSE THE UTILITY CAN IMMEDIATELY APPEAL THAT TO THE PUC, THEIR REVIEW IS REFERRED TO AS DE NOVO, THEY START FRESH, DON'T GIVE DEFERENCE TO THE
[00:45:03]
ACTIONS YOU TOOK, SO WE NORMALLY DON'T RECOMMEND THAT.THE THIRD THING WE WOULD RECOMMEND AND WHAT IS MOST COMMON, WE SAY DENY THE RATES. WE ATED THEM, BELIEVE IT'S UNREASONABLE, THEY'LL APPEAL IT. AND THAT MEANS ONE SHEET OF PAPER THAT SAYS THE CITY OF LEWISVILLE DENIED OUR RATE APPLICATION, WE'RE APPEALING THAT AND WANT TO CONSOLIDATE WITH THE CASE AT THE PUC AND MERGE IT TOGETHER.
THAT'S TYPICALLY WHAT WE WOULD RECOMMEND. WE'LL PROVIDE YOU WITH STAFF REPORTS, RESOLUTIONS, SO YOU CAN TAKE THE FINAL ACTION.
THE SAME IS TRUE ON THE GAS SIDE. SAME EXACT PROCESS. 185 DAYS FOR RAILROAD COMMISSION TO PROCESS, NO LESS THAN 35 DAYS EFFECTIVE. YOU HAVE TO TAKE SOME ACTION.
IF YOU DON'T, THE RATE INCREASE IS DEEMED APPROVED.
ASKING FOR $50 MILLION AND YOU FORGET TO DO SOMETHING IN 35 DAYS, THEY CAN IMPLEMENT YOUR SHARE OF THAT RATE INCREASE AUTOMATICALLY. NOW, PRACTICALLY SPEAKING HAS THAT EVER HAPPENED BECAUSE YOU HAVE ORIGINAL JURISDICTION AND LEGAL AUTHORITY WE WOULD INITIATE A SHOW OF CAUSE BECAUSE THEY ARE A REGULATED ENTITY, THEIR RATES CAN BE NEITHER TOO LOW OR TOO HIGH.
IF TOO LOW THEY'LL SEEK AN INCREASE, BUT IF THEY'RE TOO HIGH, CITIES HAVE THE ABILITY TO BRING A UTILITY IN AND LOWER THEIR RATES.
DOESN'T HAPPEN OFTEN BUT WE'VE DONE THAT AT TIMES IN THE PAST. YOU DIDN'T TAKE ACTION IN 35 DAYS, THEY IMPLEMENT THE FULL INCREASE, THEY KNOW WE'LL BRING SOMEBODY IN TO LOWER THEM IMMEDIATELY.
FORTUNATELY THAT RARELY HAPPENS. FORTUNATELY CITIES NORMALLY TAKE SOME ACTION WITHIN THE FIRST 35 DAYS. AS I SAID, NORMALLY WHAT WE ENCOURAGE YOU TO DO IS SUSPEND, WHICH GIVES US ADDITIONAL TIME TO REVIEW THE FILINGS. FIRST 35 DAYS WE'RE STILL LOOKING AT IT, CONDUCTING DISCOVERY AND REALLY DON'T KNOW WHAT THE RECOMMENDATION WILL BE. SOME CITIES ASK WHY DON'T WE JUST WE IN THE FIRST 35 DAYS AND BE DONE WITH THIS. MY ANSWER IS BECAUSE OF WHAT I SAID EARLIER, IF WE REACH A SETTLEMENT IN THE FIRST 125 DAYS, WE DON'T HAVE TO WORRY ABOUT THE PUC OR RAILROAD COMMISSION BUSTING UP THAT AGREEMENT BECAUSE THEY DON'T HAVE AUTHORITY OVER IT. EVEN THOUGH THAT DOESN'T HAPPEN ALL THE TIME, IT DOES AFFORD US THAT POSSIBILITY.
>> SETTLEMENTS AND APPROVED? MANY TIMES OVER THE YEARS. I WOULD STILL SAY FAR LESS THAN THE MAJORITY OF THE TIME BUT HAPPENS FROM TIME TO TIME. AND THIS SAME STRUCTURE WORKS FOR ELECTRIC AND GAS. ONLY OTHER THING I WOULD MENTION IS THE RRMS, FILED APRIL 1S T.
WE HAVE UNTIL OCTOBER 1ST -- SEPTEMBER 30TH TO RESOLVE THEM, RATES GO INTO EFFECT OCTOBER 1ST. THEY FILE ON APRIL 1ST, YOU DON'T HAVE TO TAKE ANY ACTION.
WE REVIEW THE FILING, NORMALLY THERE'S A REPORT FROM CONSULTANTS IN LATE JUNE. SPEND JULY TRYING TO SETTLE IT, THEN PROVIDE YOU WITH DOCUMENTS IN LATE JULY, BEGINNING OF AUGUST.
YOU HAVE TWO MONTHS, ALL OF AUGUST, UNTIL SEPTEMBER 30TH, TO TAKE SOME ACTION APPROVING THE AGREEMENT, THEN RATES GO INTO EFFECT OCTOBER 1ST.
THAT'S WHAT JUST HAPPENED. YOU'LL SEE AN INCREASE IN YOUR GAS BILL THE NEXT TIME YOU GET A BILL FROM ATMOS.
OTHER QUESTIONS? I KNOW THAT'S A LOT.
AND ACTUALLY, I SHOULD MENTION BEFORE I CLOSE, THAT'S REALLY THE MESSAGE I TELL CITIES ALL ACROSS THE STATE, WE WORK FOR ALMOST 400 CITIES.
WE KNOW YOU HAVE A LOT ON YOUR PLATE AND DON'T EXPECT YOU TO BE EXPERTS IN GAS, ELECTRIC UTILITY REGULATION. YOU CAN PICK UP THE PHONE OR SEND ME AN EMAIL ANY DAY OROR AND I'LL WORK YOU THROUGH THE PROCESS. EVEN IF THEY'RE CHOPPING DOWN THEIR TREES OR THERE'S A RIGHT-OF- WAY ISSUE, WE ASSIST
[00:50:02]
YOU WITH THAT. IT'S IN YOUR BILL.IT'S A LOT CHEAPER THAN PAYING FOR THE INDIVIDUAL TIME.
>> REAL QUICK, I WOULD LOVE A LITTLE CARD OR EMAIL TO FILE AWAY. YOU DID A GREAT JOB EXPLAINING THESE, BUT I'VE FORGOTTEN THEM.
>> REALLY APPRECIATE IT, SO MUCH.
[C. Proclamations / Recognitions]
>>> ALL RIGHT. WE'VE GOT A COUPLE OF QUICK PROCLAMATIONS TO DO. ARE YOU HERE? COME ON UP, MY FRIEND.
>> WELL, HOW HAVE YOU BEEN? JOIN ME RIGHT HERE.
T- RON, IF YOU DON'T KNOW HIM, ABSOLUTELY AT THE FOREFRONT OF BULLYING EDUCATION, HOW TO AVOID IT, GET RID OF IT, NOT HOW TO DO IT. HE DOES AN AMAZING JOB WITH OUR SCHOOLS. WE HAVE A "SAY NO TO BULLYING" PROCLAMATION. IT'S HARM TO INDIVIDUALS OR GROUPS, IN SCHOOLS, NEIGHBORHOODS, PLAYGROUNDS AND ONLINE, IT'S THE MOST COMMON FORM OF VIOLENCE IMPACTING YOUTH, AND CAUSES PHYSICAL, EMOTIONAL AND OTHER PROBLEMS. THE COMMUNITY ORGANIZATION UNITES SCHOOLS, FAMILIES AND COMMUNITY GROUPS TO PROMOTE AWARENESS AND PREVENTION, SO TJ GILMORE THE MAYOR AND THE COUNCIL PROCLAIM THE WEEK AS SAY NO TO BULLYING WEEK IN LEWISVILLE, TEXAS AND ENCOURAGE ALL CITIZENS TO STAND UP AGAINST BULLYING AND PROVIDE A SAFE ENVIRONMENT FOR EVERY CHILD. GIVE T- RON A HAND FOR ALL HIS
WORK. >> THANK YOU. WELL, THE WIFE GAVE ME 90 SECONDS TO SPEAK, I'M GOING TO LISTEN TO THE WIFE, EVEN THOUGH SHE'S NOT HERE. CITY OF LEWISVILLE, MAN, I LOVE IT. THANK YOU FOR YOUR SUPPORT. THE MOST IMPORTANT THING IS US AS ADULTS TO LISTEN TO OUR CHILDREN'S CRIES, LISTEN TO WHEN THEY SAY THEY NEED HELP, AND BE THERE FOR THEM. BUT I'M ONLY JUST ONE PERSON.
THANK YOU, CITY OF LEWISVILLE, FOR BACKING ME AND SHOWING ME HOW MUCH YOU ARE WITH ME AS WE TAKE A STAND AGAINST BULLYING. BULLYING UNITED, WE GOT THIS. THANKS TO HARD WORK OF THE PTA AND THEIR MEMBERS, TEXAS IS THE ONLY STATE WHERE AN ADULT, A PARENT, CAN GET ARRESTED FOR CYBERBULLYING.
IT'S CALLED THE TIM'S LAW. IF A PARENT KNOWINGLY KNOWS THEIR CHILD IS DOING CYBERBULLYING, THEY CAN BE INCARCERATED UP TO TWO YEARS AND THERE'S BEEN SEVERAL CASES OF THAT. ON BEHALF OF ME AND THE TEAM THAT DO THE WORK, CITY COUNCIL, YOU'RE LOOKING AT MY BACK, BUT I LOVE YOU AND THANK YOU FOR YOUR SUPPORT. TJ, YOU'VE BEEN WITH ME SINCE WE STARTED IN 2011.
>> IT HAS. I'M GOING TO GET OUT OF HERE.
I HAVE ANOTHER ENGAGEMENT I'M LATE TO. BUT I LOVE YOU.
>> ALL RIGHT. THEN WHERE IS MY PLANNING DEPARTMENT? COME ON.
WE'RE SO GOOD AT PLANNING, WE PLAN TO PLAN.
>> YES, SIR. >> THIS ONE IS INCREDIBLY EXCITING BECAUSE I THINK NOBODY DOES PLANS BETTER THAN LEWISVILLE. WHAT I MEAN BY THAT, WE DON'T CREATE BINDERS THAT SIT ON A SHELF, WE CREATE ACTION THAT IS INFORMED BY A BINDER. SO BEING ABLE TO GO BACK TO THOSE DOCUMENTS, HAND THAT MISSION FORWARD AS WE BRING IN NEW EMPLOYEES AND RESIDENTS, IT'S IMPORTANT WE HAVE THOSE PLANS AND KEEPERS OF THE DOCUMENTS TO KEEP US MOVING OVER THE DECADES. SO WITH THAT, I RECOMMEND
[00:55:06]
ANYBODY, IF YOU DON'T KNOW THE ROLE OF A PLANNER, HOW THEY WORK, FIND TIME TO GET THEM A COFFEE AND LEARN HOW THEY DO WHAT THEY DO. IT'S VITALLY IMPORTANT TO THE LONG- TERM SUCCESS OF CITIES.WHEREAS LEWISVILLE CONTINUES TO GROW AND PLANNING AND PLANS CAN HELP WITH THE CHANGES, AND COMMUNITY PLANNING PROVIDES AN OPPORTUNITY FOR ALL RESIDENTS TO BE INVOLVED IN MAKING CHOICES FOR THE FUTURE OF THEIR COMMUNITY, AND THE FULL PLANNING REQUIRES EXCELLENCE IN THE PROCESS AND IMPLEMENTATION, AND PLANNING MONTH RECOGNIZES THE ACHIEVEMENTS OF THE STAFF IN LEWISVILLE, I TJ GILMORE, MAYOR OF THE CITY OF LEWISVILLE ON BEHALF OF THE COUNCIL, DECLARE OCTOBER÷÷OCTOBER COMMUNITY PLANNING MONTH. GIVE OUR PLANNING DEPARTMENT A BIG HAND.
>> THANK YOU, MAYOR GILMORE, CITY COUNCIL, AND ALL THE BOARDS AND COMMISSIONS.
YOU'VE GIVEN SO MUCH SUPPORT AND WE'VE KNOCKED IT OUT OF THE PARK. LEWISVILLE IS SO MUCH BETTER AND HAS IMPROVED SO MUCH DUE TO GREAT PLANNING PROCESSES.
WE'RE EXCITING ABOUT OUR CURRENT PROCESSES, PARTICULARLY THE 2035 PLAN WILL TAKE US FAR.
ALL THE OTHER PLANS WE WILL BE ADOPTING IN THE FUTURE.
WE JUST THANK STAFF AND THE COUNCIL AND ALL THE BOARDS AND COMMISSIONS FOR ALL THE HELP AND SUPPORT OVER THE YEARS. THANK YOU.
>> IF YOU'RE CURIOUS ABOUT WHAT THOSE LOOK LIKE, THERE'S A SECTION OF THE WEBSITE DEDICATED TO MUNICIPAL PLANS, YOU CAN SEE WHAT THE CITY IS DOING, EVERY DEPARTMENT AND THEIR MASTER PLANS, AND HELP HOLD EVERYBODY ACCOUNTABLE TO THAT, IT'S A LIVE, LIVING DOCUMENT.
HOP ON THE CITY WEBSITE, TYPE IN PLANS AND SPEND A FEW HOURS.
ALL RIGHT, A COUPLE OF ITEMS WE
[9. Consideration of an Ordinance of the Lewisville City Council Amending the Lewisville City Code by Amending Division 4, Short-Term Rental (“STR”) Units, of Article VI, Chapter 4 to Increase the Maximum Number of STR Unit Permits That May be Active at Any Given Time, Require Compliance With the Distance and Density Regulations Set Forth in the Unified Development Code For the Issuance of an STR Unit Permit, Correct an Internal Reference, and Clarify Definitions and Inspection and Occupancy Standards; and Providing For a Savings Clause, Repealer, Severability, a Penalty, and an Effective Date.]
NEED TO TAKE IN CONJUNCTION WITH ONE ANOTHER.FIRST ITEM WE'RE GOING DISCUSS IS ITEM G-9.
WE'RE GOING TO OPEN THE REGULAR HEARING ON ITEM G- 9, CONSIDERATION OF AN ORDINANCE OF THE LEWISVILLE CITY COUNCIL AMENDING THE CITY CODE BY SHORT-TERM RENTAL UNITS TO INCREASE THE NUMBER ACTIVE ANY GIVEN TIME, COMPLIANCE WITH THE REGULATIONS IN THE CODE. ISSUANCE OF THE PERMIT, INTERNAL REFERENCE, CLARIFY, AND PROVIDE FOR SAVINGS CLAUSE, PENALTY, EFFECTIVE DATE. JANUARY 8, 2024, THE CITY COUNCIL ADOPTED A REGULATION, AND THEN A TEMPORARY BAN ON NEW ONES WAS PLACED IN THE CODE WHILE MORE RESEARCH HAS BEEN CONDUCTED. STAFF HAS CONDUCTED THE RESEARCH.
MARCH 3, 2025, THE CITY OF LEWISVILLE SET THE MAXIMUM AND STAFFERS ARE PROPOSING ADDITIONAL AMENDMENTS BASED ON THE COMMUNITY OUTREACH RESULTS AND EVALUATING OTHER
[1. Public Hearing: Consideration of an Ordinance of the Lewisville City Council Amending Volume 2 of the Lewisville City Code, Known as the Unified Development Code (UDC), by Amending Section II.2.1., “Definitions” to add a Definition of “Short-Term Rental Unit”; Amending Article VII, “Uses, Parking Requirements, Supplemental Use Regulations and Certain Distance Regulations”, to Amend the Heading of Article VII to “Uses, Parking Requirements, Supplemental Use Regulations and Certain Distance and Density Regulations” and the Heading of Chapter VII.4. to “Certain Distance and Density Regulations”, to add a new Section VII.4.3. Establishing Distance and Density Location Regulations for Short Term Rental Units, and to Repeal and Delete Section VII.2.1.5., “Interim Prohibition on Short-Term Rental of Dwelling Units”; and Providing for a Savings Clause, Repealer, Severability, a Penalty, and an Effective Date.]
PROGRAMS. IT'S RECOMMENDED THE CITY COUNCIL APPROVE THE ORDINANCE. I ALSO NEED TO OPEN D-1.THIS IS A PUBLIC HEARING WE'RE OPENING, CONSIDERATION OF ORDINANCE FOR LEWISVILLE CITY COUNCIL AMENDING THE UNIFIED DEVELOPMENT CODE, 2.2. 1, ADD A DEFINITION OF SHORT- TERM RENTAL UNIT, USES, PARKING REQUIREMENTS, CERTAIN DISTANCE REGULATIONS TO AMEND THE HEADING TO USES, PARKING REQUIREMENTS -- AND HEADING OF CHAPTER 7. 4 TO CERTAIN DISTANCE AND DENSITY REGULATIONS.
ADD NEW 7. 43 ESTABLISHING THE LOCATIONS AND REPEAL AND
[01:00:04]
DELETE 7.2.1. 5, PROVIDING FOR SAVINGS CLAUSE, REPEALER, PENALTY AND EFFECTIVE DATE.THE PROPOSED PROVISIONS REQUIRED 1,000 FEET. LIMITS MULTIFAMILY TO 3% OR TWO UNITS. RETITLES APPLICABLE CHAPTERS FOR CONSISTENCY, ADDS A DEFINITION OF STRS.
RECOMMENDED APPROVAL 6- 1 ON JULY 16, 2025. IT'S THE RECOMMENDATION THAT THE CITY COUNCIL APPROVE IT. RICHARD LUKEY HAS A PRESENTATION. WE HAVE AN
OPEN PUBLIC. >> THANK YOU, MAYOR GILMORE.
JUST A BRIEF OVERVIEW OF STRS AND THE PROPOSED AMENDMENTS BEFORE YOU TONIGHT. VERY QUICKLY, NOT SURE -- THERE IT IS ON THE SCREEN. WE HAVE A REALLY QUICK TIME LINE HERE. JANUARY 2020 WAS THE FIRST WORKSHOP DISCUSSING STRS IN LEWISVILLE. IN 2023, ANOTHER WORKSHOP ON THE IMPACT OF STRS IN LEWISVILLE. THEN AS WE FORWARD ON TO 2024, JANUARY, THE COUNCIL APPROVED AN ORDINANCE REQUIRING A PERMITTING PROCESS AND HOTEL OCCUPANCY TAX REMITTANCE. AND THEN FOLLOWING YEAR, A PROHIBITION ON NEW STRS, THEN JULY, THE PERMITTING ORDINANCE TOOK EFFECT. EARLIER THIS YEAR IN 2025, FEBRUARY, DURING THE COUNCIL RETREAT, WE HAD ANOTHER DISCUSSION ABOUT ADDITIONAL CHANGES TO STRS, AND A COMMUNITY SURVEY OPENED.
NEXT MONTH IN MARCH, THE COUNCIL ADOPTED A LIMIT OF 130 ACTIVE PERMITS ACROSS THE CITY. THAT SAME MONTH, THE COMMUNITY SURVEY CLOSED.
IN APRIL OF '25, WE HAD AN ADDITIONAL OPEN HOUSE EVENT AND FOLLOW- UP SURVEY REGARDING DENSITY.
APRIL 21ST, COUNCIL HELDHELD WORKSHOP TO DISCUSS FURTHER REGULATION CHANGES. AT THAT WORKSHOP, COUNCIL GAVE STAFF THE DIRECTION TO PROCEED WITH DENSITY REGULATIONS. THAT INCLUDED A RANGE OF 1- 3% FOR MULTIFAMILY AND 1,000- FOOT DISTANCE REQUIREMENT FOR SINGLE FAMILY UNITS. LIMITING THE TOTAL NUMBER OF ACTIVE STR PERMITS WAS DISCUSSED BUT THERE WAS NO CLEAR CLEAR RESOLUTION ON THAT. WITHOUT A LIMITATION, IT IS ESTIMATED WE HAVE A MAXIMUM OF ABOUT 841 POTENTIAL STR UNITS ACROSS THE ENTIRETY OF THE CITY. THE ORDINANCE BEFORE YOU I BELIEVE HAS A LIMITATION OF 150. THERE WAS ALSO NO RESOLUTION ON WHETHER MULTIFAMILY STRS COUNT TOWARDS THAT LIMITATION.
THE ORDINANCE BEFORE YOU HAS THEM COUNTING TOWARD THE POTENTIAL CAP. REGARDLESS OF WHAT IS DECIDED TONIGHT, STAFF WILL CONTINUE TO MONITOR THE TRENDS OVER TIME AND RE- EVALUATE AS NEEDED.
THIS IS AN UPDATED MAP THAT SHOWS THE CURRENT STATE OF STRS IN THE CITY OF LEWISVILLE. THERE'S A TOTAL OF 135 IDENTIFIED. 12 HAVE NOT BEEN PERMITTED, ARE IN ENFORCEMENT PROCESS.
NINE PERMITS IN PROCESS, 114 HAVE BEEN PERMITTED AND ISSUED. THERE ARE WE HAVE ABOUT 123 COMBINED NUMBER OF ACTIVE PERMITS AND APPLICATIONS THAT ARE IN PROCESS. AS YOU CAN SEE, THEY'RE COLOR CODED ON THE MAP AND FAIRLY WELL SCATTERED ACROSS THE CITY. AS FAR AS THE UPDATES TO THE UNIFIED DEVELOPMENT CODE, FIRST IS ADOPTING THAT 100- FOOT MINIMUM DISTANCE BETWEEN A SINGLE FAMILY STR --
>> 1,000. >> 1,000, THANK YOU, I STAND CORRECTED. ITEM NUMBER TWO IS RELATED TO MULTIFAMILY UNIT LIMITATIONS, 3% OF ALL UNITS WITHIN A COMPLEX OR TWO, WHICHEVER IS GREATER IS THE MAXIMUM. EXISTING STRS ARE CONSIDERED LEGAL NONCONFORMING EVEN WITHIN 1,000 FEET AND CAN CONTINUE AT LEAST SIX MONTHS OR LONGER, AND AT THAT POINT COMPLIANCE
[01:05:07]
IS REQUIRED. THE COMMISSION ADVISED ON APPROVAL. THEY DIDN'T MAKE A RECOMMENDATION ON THE PERMITS SINCE THAT'S IN CHAPTER FOUR OF THE CODE OF ORDINANCES.SPEAKING OF, I WILL TURN THE PRESENTATION OVER TO CHRIS MCGINN.
>> I HAVE ONE CLARIFICATION, RICHARD, ON SIX MONTH OR LONGER, THAT'S FOR NONCONFORMING USE, TYING INTO THE SAME REGULATION
WE HAVE IN USE. >> ACROSS THE CITY, CORRECT.
CHRIS MCGINN WILL GIVE YOU AN OVERVIEW OF THE PROPOSED CHANGES TO CHAPTER FOUR. THANK YOU.
>> FOR DISCUSSION OF MUNICIPAL CODE CHAPTER FOUR, THAT DEALS MAINLY WITH THE PERMITS OF SHORT-TERM RENTALS. SO IF THE REQUIREMENTS WERE APPROVED BY CITY COUNCIL, THE CHANGES IN CHAPTER FOUR WOULD BASICALLY POINT TO A SHORT- TERM RENTAL WOULD NEED TO MEET THOSE PROPOSED DENSITY REQUIREMENTS. THERE'S ALSO SOME CLEANUP ON THE MAXIMUM OCCUPANCY REQUIREMENTS.
JUST A LITTLE ADDITIONAL LANGUAGE EXCLUDING DINING ROOMS, LIVING ROOMS, OFFICES FROM THEIR OCCUPANCY COUNT. THAT A SHORT- TERM RENTAL IS ADVERTISING. IN ADDITION TO THAT, CLARIFYING THAT SHORT- TERM RENTAL PERMIT CAN BE DENIED IF REINSPECTION IS NOT REQUESTED IN A TIMELY MATTER. THAT'S JUST CLEANUP OF THE CURRENT ORDINANCE. ALSO ESTABLISHING CIRCUMSTANCES, CRITERIA FOR CHARGING REINSPECTION FEES.
THE ORDINANCE BROUGHT FORWARD FOR CITY COUNCIL IS NOT ONLY A CLEANUP OF THE LANGUAGE BUT TO BRING FORWARD THE ORDINANCE TO LIMIT THE NUMBER OF PERMITS ISSUED DURING THE YEAR FROM 130 TO 150 SHORT- TERM RENTAL UNITS. INCLUDING THE MULTIFAMILY SHORT- TERM RENTAL UNITS COUNTING TOWARDS THAT NUMBER OF TOTAL SHORT- TERM PERMITS. AS RICHARD MENTIONED EARLIER, WE CURRENTLY HAVE 123 APPLICATIONS AND PERMITS NOW.
THAT NUMBER HAS REMAINED STABLE THE LAST TWO TO THREE MONTHS IN THAT 120 AREA.
>> CAN WE ASK A QUESTION? YOU MAY HAVE SAID THIS AND I MAY HAVE MISSED IT. WITH THE DENSITY REQUIREMENTS, IF WE PASS DENSITY REQUIREMENTS AND THERE ARE EXISTING STRS PERMITTED, ARE THEY GRANDFATHERED IN?
>> YES. THOSE CURRENTLY PERMITTED SHORT- TERM RENTALS, AS LONG AS THEY RENEW THEIR PERMIT ON TIME.
>> YES, THEY'RE ALLOWED TO GO WITHOUT ADDITIONAL REQUIREMENTS.
>> CLARIFY. RICHARD SAID THE TOTAL NUMBER, IF WE DIDN'T HAVE A CAP, WOULD BE FOR SINGLE FAMILY, 800 OR SOMETHING.
IF YOU INCLUDED MULTIFAMILY -- OR DIDN'T HAVE A CAP AND YOU HAD 3%, HOW MANY MORE COULD YOU POTENTIALLY HAVE CITIED Y WIDE?
>> WITH THE 1,000- FOOT, IF ALL DECIDED TO DO SHORT- TERM RENTAL, 3% OF THE TOTAL UNITS IN LEWISVILLE, WOULD BE ADDITIONAL
810. >> AND JUST FOR CLARIFICATION, THAT'S JUST FOR INFORMATIONAL PURPOSES.
NONE OF OUR MULTIFAMILY HAVE EXPRESSED ANY INTEREST IN DOING SHORT- TERM RENTALS BUT I WANTED YOU
TO HAVE THE NUMBERS. >> CAN YOU SAY THAT TO ME AGAIN? THE MAXIMUM STRS ALLOWED WITH 1,000-FOOT DENSITY DOES OR DOES NOT INCLUDE MULTIFAMILY?
>> DOES NOT. >> THAT DOES NOT. WITH MULTIFAMILY WOULD BE ADDITIONAL 810, SO 1650-ISH.
>> COULD BE, BUT RIGHT NOW MULTIFAMILY, WE DON'T HAVE A
[01:10:09]
MULTIFAMILY THAT OKAYS THAT. IT'S EXCLUDED IN THE LEASE.>> THAT'S CORRECT. WE'VE NOT HAD AN OWNER OF AN APARTMENT COMPLEX COME FORWARD AND SAY I WANT TO GET A SHORT-TERM RENTAL PERMIT FOR MY
COMPLEX. >> AND THOSE NOT PERMITTED, IS THERE A PENALTY?
>> IT IS CHALLENGING FOR THOSE LOCATIONS.
WE HAVE A FEW THAT ARE ADVERTISING SHORT- TERM RENTALS IN APARTMENT COMPLEXES THAT'S NOT WITH PERMISSION OF THE OWNER OR PROPERTY MANAGER BUT THEY'RE NOT POSTING THE UNIT NUMBERS SO IT'S DIFFICULT TO FIGURE OUT.
FOR OTHER LOCATIONS, WE'RE GOING THROUGH NORMAL ENFORCEMENT PROCESSES AS WE WOULD DO ANYTHING ELSE, NOTIFYING THETHE OF THE PROPERTY AND MOVING FORWARD.
CURRENTLY OUR COMPLIANCE RATING IS FAIRLY HIGH, 91%.
>> OTHER QUESTIONS? OTHER COMMENTS?
>> I'M GOING TO -- JUST CLARIFY FOR ME AGAIN, IF WE DID NOT GO -- IF WE DIDN'T VOTE IN THE CAP, WITH THE DENSITY 1,000 FEET, WOULD LIMIT THE POPULATION TO 841 SINGLE FAMILY HOMES?
>> THAT'S CORRECT. THAT'S THE HIGHEST NUMBER --
? >> JUST OVER 25,000 PARCELS IN
LEWISVILLE. >> AND DO WE HAVE -- SORRY, SHOULD HAVE TOLD YOU I WAS GOING TO ASK THESE QUESTIONS. DO WE HAVE ANY COUNT FOR HOW MANY OF THE UNITS ARE LONG- TERM
RENTALS? >> I HAVE HEARD NUMBERS BEFORE BUT CAN'T GIVE YOU EXACT.
>> DO WE HAVE A BALLPARK? MORE THAN
>> SOMEWHERE IN THE NEIGHBORHOOD
OF 30-40%. >> HIGHER THAN THAT, ISN'T
>> OF COURSE, WE HAVE LARGE LOTS OF HOMES WITH HOA COVENANTS THAT DON'T ALLOW ANY TYPE OF RENTAL.
>> I'M GOING TO LEAN INTO THAT. I'VE BEEN UNPLEASANTLY SURPRISED BY THE LACK -- WE DO NOT ALLOW DUPLEXES INSIDE OF CASTLE HILLS AND WE HAVE A RESIDENT THAT'S MADE A DUPLEX OF THEIR HOUSE, TALKED WITH THE CITY MULTIPLE TIMES AND IT'S JUST STICKY.
I UNDERSTAND. YOU CAN STICK A DOOR BETWEEN AND -- BUT YOU CAN SEE IT'S A DUPLEX. I'M DISCOUNTING HEAVILY WHAT HOAS MAY OR MAY NOT DO, NICE TO HAVE, AND DO THIS AS A LAYERED APPROACH.
>> OTHER QUESTIONS OR COMMENTS?
>> I HAVE ONE PUBLIC COMMENT ON D- 1, THEY'D LIKE TO EXPRESS THEIR OPPOSITION TO THIS.
>> DOES IT SAY SPECIFICALLY --
>> I DO HAVE SOMETHING TO GIVE EVERYBODY ELSE SPACE TO TALK.
>> GOING TO ASK QUICK HOW IS THIS GOING TO WORK? HOW ARE WE GOING TO DO THIS?
>> WE NEED TO CLOSE THE PUBLIC HEARING, THEN MAKE A MOTION ON THIS PARTICULAR PIECE, D-1. AT WHICH POINT THAT MOTION WILL MOVE AND WE'LL GO AHEAD AND HAVE A MOTION TO VOTE ON G- 9 BECAUSE THERE'S NO PUBLIC HEARING ON
SPEAK? >> I DO HAVE ONE -- TWO ON G-9.
[01:15:04]
MAY SHAN, 1742 CREEK -- DRIVE IS IN SUPPORT OF G-9.THEN I HAVE A COMMENT FROM MR. JEFF WOODS, FOREST PARK DRIVE. IN SUPPORT OF BOTH.
>> FOR CLARITY, MAYOR, THE PERSON -- FIRST
PERSON? >> MAY SHAN WAS IN OPPOSITION TO D-1, WHICH IS THE REVISIONS OF THE CODE FOR THE 1,000 FOOT BETWEEN SHORT- TERM RENTALS AND 3% MULTIFAMILY.
>> OKAY. I HEARD SOMETHING, I'M GOING TO READ IT ONE TIME, APPLY IT TO BOTH ITEMS. BUYING A HOME IS THE MOST SIGNIFICANT INVESTMENT A LOT OF PEOPLE MAKE IN THEIR LIFE. COMMITMENT TO A NEIGHBORHOOD, SCHOOL DISTRICT AND COMMUNITY. FAMILIES CHOOSE TO LIVE IN LEWISVILLE BECAUSE OF THE SINGLE FAMILY PROVISIONS. THIS IS OFTEN DEFENDED AS PROPERTY RIGHTS BUT THIS CONVERSATION IS ABOUT ZONING, LIMITING WHAT SOMEBODY CAN DO WITH A PROPERTY. IT'S TO ENSURE LEWISVILLE GROWS TO ALLOW RESIDENTS AND BUSINESSES TO GROW TOGETHER.
WITHOUT IT, THE CITY IS LESS LIVEABLE. IT'S COMMUNITY, NOT TRANSIENT OCCUPANCY.
WHEN HOMES ARE HOTELS, NEIGHBORS ARE STRANGERS.
TRUST BEGINS TO DISAPPEAR. ONCE STRS ARE ESTABLISHED, IT'S IMPOSSIBLE TO TRY UNRINGING THE BELL. IF WE PASS THIS, I WON'T TRY TO UNDO IT. THAT'S WHY I'M PUSHING FOR IT.
ACTING CONSERVATIVELY IS NOT ANTIBUSINESS BUT PRO COMMUNITY. PROTECTING IT BEFORE IRREVERSIBLE CHANGES TAKE PLACE. AFFORDABLE HOUSING IS A PRIORITY FOR THE COUNCIL, SAID MANY TIMES.
AND RESEARCH SHOWS STR GROWTH IMPACTS HOUSING COSTS.
I'LL MAKE THESE LINKS AVAILABLE AFTER THE MEETING. 2019 HARVARD BUSINESS REVIEW STUDY SAYS IT CONTRIBUTED TO 20% OF ANNUAL RENT INCREASES AND HOME PRICES. AND PURDUE SAID -- THIS WAS IRVINE, CALIFORNIA, SAVING $1,200 PER YEAR FOR RESIDENTS. THIS IS NOT ABOUT ELIMINATING STRS BUT SETTING REASONABLE LIMITS FOR FAMILIES TO INVEST CONFIDENTLY, AND BUSINESSES TO THRIVE. A CAP IS FAIR AND RATIONAL.
I'LL NOT READ THAT AGAIN, BUT APPLY IT TO BOTH ITEMS ON THE AGENDA PLEASE.
CONCERNS? >> WE'RE JUST SAYING COMMENTS FOR ALL OF IT BEFORE WE
VOTE? >> WE WILL END UP CLOSING THE PUBLIC HEARING ON THE DISTANCE LIMITATIONS AND VOTE ON THAT, THEN HAVE CONVERSATION OR CAN HAVE ADDITIONAL CONVERSATION IF YOU WOULD LIKE ON THE CAP AND THE CHANGES TO THE UDC.
>> OKAY, I THINK BECAUSE THESE ISSUES ARE SO LINKED, I'LL SAY ONE THING THAT INVOLVES ALL OF IT. THEN WE CAN GO FROM THERE. THIS IS A TOPIC WE'VE TALKED ABOUT A WHOLE LOT. AND SO I DID SIT DOWN AND THINK ABOUT, WHAT ARE THE PROS AND CONS, AND I MADE A CHART BECAUSE THAT'S WHAT I DO.
ULTIMATELY I DO FEEL LIKE THE STRS ARE AN AFFORDABLE HOUSING TOOL, SOMETHING THAT RESIDENTS CAN USE AS A TOOL TO HELP COMBAT THE RISE IN COSTS OF THEIR HOME. SO I'M VERY -- THAT IS A REALITY FOR PEOPLE WHO LIVE IN LEWISVILLE, AND THEY NEED THAT OPTION. I TAKE THAT VERY SERIOUSLY.
I DON'T WANT TO TAKE THAT AWAY WITHOUT A REALLY GOOD, SOLID REASON TO DO SO.
I DO UNDERSTAND THAT STRS BRING MORE TRANSIENT TRAFFIC INTO
[01:20:10]
OUR NEIGHBORHOODS AND I UNDERSTAND THERE ARE DISRUPTIONS WITH NOISE, TRASH AND TRAFFIC, PARKING. I DO FEEL LIKE WE'VE -- WE HAVE WRITTEN A GOOD STR ORDINANCE THAT ADDRESSES THOSE ISSUES AND GIVES US A WAY TO ESSENTIALLY PENALIZE THOSE OWNERS FOR NOT PROPERLY MANAGING THEIR STR, AND IT BEING A BURDEN ON THEIR NEIGHBORS. I'VE ALSO HEARD THE ARGUMENT THAT HAVING STRS IS ESSENTIALLY TAKING UP HOUSING THAT COULD BE HOUSING -- DIMINISHING OUR HOUSING STOCK. AND I -- YOU KNOW, ALL THIS SAID, WHEN I LOOK AT THE NUMBER OF UNITS THAT ARE STR ININ CITY, AND NUMBER OF UNITS THAT ARE LONG- TERM RENTALS, I REALLY DON'T UNDERSTAND WHY WE'RE PUTTING SO MUCH EMPHASIS ON THESE ISSUES BEING CAUSED BY STRS. I KNOW WE'RE NOT TALKING ABOUT LONG-TERM RENTALS, BUT IT'S REALLY HARD FOR ME IN MYMY MIND JUSTIFY PUTTING SUCH A LIMITATION ON SOMETHING JUST BECAUSE IT'S A SHORT-TERM RENTAL VERSUS A LONG- TERM RENTAL. I STRONGLY BELIEVE -- I KNOW WE'VE TALKED A LOT ABOUT CASES LIKE FREDERICKSBURG, SOME OF THE OTHER BIG TOURISTY CITIES WHERE THEY'RE HAVING A PROBLEM, IT'S CRAZY PERCENTAGE OF THEIR UNITS, HOUSING STOCK IN THEIR CITY, ARE A SHORT-TERM RENTAL.AND I AGREE THAT IS A PROBLEM. I DON'T BELIEVE THAT'S WHAT LEWISVILLE IS. WE'RE NOT A TOURIST DESTINATION CITY. I TRULY BELIEVE THAT THE NUMBER OF STRS THAT CAN BE SUPPORTED, THE MARKET WILL DICTATE THAT. I THINK IT'S GOING TO BE WAY LESS THAN 841 UNITS, JUST GIVEN THE NUMBER OF APPLICATIONS AND ACTIVE UNITS WE HAVE IN THE CITY RIGHT NOW. I DON'T THINK THAT'S BEING LIMITED BY A CAP RIGHT NOW.
I ALSO WANT TO GO BACK TO TALK ABOUT WHEN WE IMPLEMENTED THAT CAP. THE REASON WE DID THAT CAP, IT'S WRITTEN HERE IN THE MEMO.
IT SAYS A TEMPORARY PROHIBITION ON NEW STRS WAS ADOPTED AND PLACED IN THE UDC WHILE THE PERMITTING PROGRAM WAS DEVELOPED AND MORE RESEARCH COULD BE CONDUCTED. I WAS SUPPORTIVE OF THE CAP BECAUSE WE DID NOT HAVE DENSITY REGULATION IN PLACE AND WANTED TO PREVENT HAVING A SPECIFIC STREET OR NEIGHBORHOOD GETTING INUNDATED WITH STRS BECAUSE THAT'S NOT WHAT WE WANT EITHER.
I AM SUPPORTIVE OF THE 1,000-FOOT DENSITY REQUIREMENT, I THINK IT'S FAIR AND STILL ALLOWS -- ALSO GRANDFATHERING ONES THAT MAY ALREADY HAVE THAT.
I THINK THAT ALLOWS A FAIR AMOUNT OF STRS, IT'S A BALANCE. BUT I THINK IT'S VERY DISINGENUOUS FOR US TO ADOPT A DENSITY REQUIREMENT THAT WOULD ALLOW 841 UNITS IN THE CITY AND THEN CAP 150.
841 UNITS IS JUST OVER 3% OF OUR ENTIRE SINGLE FAMILY STOCK.
WHEN WE HAVE 30% OF THAT STOCK ALSO BEING LONG- TERM RENTAL. I DON'T EVEN -- IT'S SUCH A SMALL PERCENTAGE, I'M NOT EVEN CONCERNED ABOUT IT.
I DON'T THINK THAT THE CAP IS APPROPRIATE ANYMORE.
IT WAS A STOP-GAP. I THINK WE'RE DONE WITH THAT NOW. WITH THAT, I'LL YIELD THE FLOOR.
>> YES. I SAID ALL ALONG -- WHERE IS SHE -- THAT OUR PROBLEM WASN'T NECESSARILY THE STR CONCEPT BUT THE DENSITY ISSUE.
WE HAD THREE STRS ON ONE VERY SHORT STREET. THE DATA THAT WE HAVE DOES NOT SUPPORT 150 CAP. WE DON'T HAVE THE TYPE OF PROBLEMS THAT A LOT OF PEOPLE HAVE. WE HAVE THOSE PROBLEMS WHEN THERE'S HIGH DENSITY. BUT WITH THE UDC,
[01:25:07]
THAT ORDINANCE, GETTING THE DENSITY REGULATIONS IN PLACE, THAT TAKES CARE OF THAT.WHEN WE LOOKED AT -- KRISTIN, YOU'RE CORRECT, I WAS LED TO BELIEVE THAT IF WE SUPPORTED THIS CAP IT WAS A STOP- GAP UNTIL WE GOT THE DENSITY REGULATIONS IN PLACE SO THAT WE DID NOT HAVE SOMEBODY COMING IN AND BUYING UP FIVE HOUSES AN A STREET, SKIPPING TWO STREETS AND -- HAVING NEIGHBORHOODS INUNDATED.
THIS DENSITY CLAUSE TAKES CARE OF THAT.
I'M WITH YOU IN THE DISINGENUOUS PART OF IT. I SUPPORT WHOLEHEARTEDLY. THIS ISSUE WOULDN'T BE BEFORE US IF WE HAD A DENSITY CLAUSE TO BEGIN WITH. THIS WOULD HAVE TAKEN CARE OF ALL OF THOSE ISSUES. WITH THE DENSITY CLAUSE, I SEE NO NEED. AND I THINK IT'S OVERREACHING TO PUT A CAP AT 150.
>> OTHER COMMENTS? LEAN IN, THE MICROPHONES ARE GETTING A LITTLE LIGHT, FOR AUDIO, GETTING FEEDBACK FOR THE TEAM.
>> I'LL HOLD COMMENTS FOR THE CAP AGENDA ITEM.
>> ANY OTHER COMMENTS ON D- 1, PUBLIC HEARING? IF THERE ARE NO MORE COMMENTS, CONCERNS OR QUESTIONS, I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.
>> MOTION AND SECOND. PLEASE VOTE.
MOTION PASSES, 6-0. AT THIS POINT, WE NEED A MOTION ON WHAT WE WANT REGARDING D-1.
>> WE CLOSED THE PUBLIC HEARING.
>> THEN WE GO BACK AND COME BACK IN.
>> NOW THAT D- 1 IS CLOSED, WE NEED A MOTION AND VOTE ON WHAT D-1 IS ASKING US TO DO. RIGHT NOW, AS FORMULATED, IT'S 1,000 FOOT, AND TWO UNITS OR 3%,
WHATEVER IS LESS. >> I MOTION TO APPROVE THE
ALL IN FAVOR. ARE WE CLEAR WHAT WE'RE VOTING FOR?
>> THIS IS FOR THE DENSITY CLAUSE ON SINGLE AND MULTIFAMILY.
>> THIS IS NOT THE CAP. I HAVE A MOTION AND SECOND AS PRESENTED. WHAT'S IN THE PACKET. COUNCIL, PLEASE VOTE.
WHY AM I NOT SEEING ANYTHING HERE? DID THAT GO 6-0? OKAY.
THANK YOU. NOW, NEXT UP IS A MOTION OR A VOTE ON ITEM -- AND A VOTE ON ITEM G-9, THE CAP.
WE CAN HAVE CONTINUED DISCUSSION.
>> THIS IS FOR THE CAP. CAN BE WHATEVER YOU WANT IT TO BE OR NOTHING.
>> AND WE'VE ALREADY HAD PUBLIC COMMENT, NOBODY TO SPEAK ON
THIS. >> NO ADDITIONAL PUBLIC COMMENT.
>> I WANT TO LEAN A LITTLE BIT ON THE CAP.
I STRONGLY SUPPORT THE CAP, VERY MUCH SO.
I UNDERSTAND THERE'S MISUNDERSTANDINGS ABOUT WHAT IT WAS WHEN WE DID THIS A YEAR AGO. MY UNDERSTANDING, EVEN LEAVING THAT MEETING, I WAS CLEAR I WASN'T GOING TO BE HELD TO THAT.
THAT WAS A POINT IN TIME TO STUDY THE SITUATION.
DOESN'T MEAN WOULD NEVER HAVE A CAP AGAIN.
NEVER MY UNDERSTANDING. I KNOW WE CAME OUT OF THE MEETING WITH DIFFERENT UNDERSTANDINGS, BUT THAT WAS NOT A ONCE AND DONE, WE SHALL NEVER HAVE ANOTHER CAP, THAT WAS NOT MY UNDERSTANDING. I DON'T FIND IT DISINGENUOUS AT ALL. IT SERVED ITS PURPOSE, TO LET US STUDY IT MORE AND WE'RE BACK TO MAKE DISCUSSIONS ABOUT IT. WE'RE HAVING THIS DISCUSSION BEFORE NATIONAL NIGHT OUT,
[01:30:01]
IT'S ALL ABOUT HAVING NEIGHBORHOODS GET TOGETHER AND REINFORCING COMMUNITY FABRIC, WHICH STRS DO NOT DO FOR US. SUPPORTIVE OF THE 150 CAP.I UNDERSTANDING THE CONCERN THAT WE'VE GOT A DISTANCE REGULATION JUST APPROVED, BUT IF YOU'RE ONE OF THE HOUSES NEXT TO AN STR THAT'S PROBLEMATIC, DOESN'T MATTER HOW FAR THE NEXT IS FROM YOU. I INVESTED IN MY HOUSE, I WANT IT TO STAY A GOOD INVESTMENT.
I WANT TO BE ABLE TO ENJOY MY HOUSE, AND I THINK ALL THE CITY OF LEWISVILLE WILL SHARE THE SAME PRIVILEGE. THE STUDIES I CITED ALREADY.
I UNDERSTAND IT CAN HELP MAKE A HOUSE MORE AFFORDABLE, BUT STUDIES SHOW OVERALL IT'S INCONGRUENT WITH THE PRESSING PRICING, KEEPING HOUSING AFFORDABLE.
THAT'S A PRIORITY OF THIS COUNCIL.
I'M STRONGLY SUPPORTIVE OF A CAP OF 150.
>> I'M PROBABLY ON THE SAME WAVELENGTH.
I'M IN SUPPORT OF THE CAP, THE QUESTION IS, WHATEVER THE OTHER FOUR ITEMS THAT ARE PART OF
THAT? >> IF WE VOTE ON THIS, THE LANGUAGE LAID OUT HERE WOULD BE TO INCREASE THE NUMBER OF STR UNIT PERMITS ACTIVE IN A GIVEN TIME, THAT'S SUPPLEMENTAL, THE 150 WE'RE TALKING ABOUT BUT IT'S NOT IN THE LANGUAGE HERE BUT THE SUPPORT MATERIAL. REQUIRE COMPLIANCE WITH THE DISTANCE AND DENSITY REGULATIONS SET FORTH, WHAT WE JUST APPROVED. THIS ALLOWS THAT TO LINK UP WITH WHAT WE APPROVED ON DENSITY.
THEN CLARIFIED DEFINITIONS AND OCCUPANCY STANDARDS, THAT'S CLEANUP. AND FINALLY THE SAVING CLAUSE BOILERPLATE. I HAVEN'T HEARD ANY COMMENTARY REGARDING ANY OF THE OTHER PIECES OF THIS.
REALLY THE QUESTION ON WHAT THIS MIGHT LOOK LIKE SOUNDS LIKE IT'S REVOLVING AROUND WHETHER WE HAVE A CAP OR NOT AND WHAT THAT NUMBER MIGHT BE.
>> TO THAT END, I THINK THAT'S A GOOD POINT THOUGH. IF WE DECIDE NOT TO DO AA CAP, THE OTHER STUFF IS IMPORTANT IN THIS ORDINANCE.
>> THE OTHER STUFF NEEDS TO BE BECAUSE THAT'S WHAT IMPLEMENTS WHAT WE JUST APPROVED.
THE DISTANCE. IF THERE ARE NO OTHER COMMENTS OR QUESTIONS.
>> WE NEEDED TO BRING FORTHFORTH WAS IN THE PUBLIC HEARING.
>> ASK THE QUESTION AGAIN, I DIDN'T HEAR IT.
>> WHY WOULD WE TIE THE CAP INTO THE OTHER THINGS WE NEED TO PUT FORTH WHAT WE JUST VOTED FOR IN THE PUBLIC HEARING.
>> ALL THAT LANGUAGE IS IN THE SAME ORDINANCE.
YOU CAN BREAK IT APART ANY WAY
YOU WANT. >> YOU CAN APPROVE THE ORDINANCE WITHOUT THE CAP AND WE WOULD AMEND IT.
OR ASK US TO MAKE A CHANGE TO THE ORDINANCE AND BRING IT BACK TO ANOTHER COUNCIL. YOU'RE NOT BOUND BY ALL OR
>> THE OTHER OPTION WOULD BE TO BREAK IT AS TO THREE REGULAR HEARINGS. ONE FOR EACH LINE ITEM.
BECAUSE THE FOURTH ONE IS THE BOILERPLATE WE HAVE TO DO.
SEVERABILITY, REPEAL, ALL OF THAT.
IF THERE'S NO OTHER QUESTIONS OR COMMENTS, I'LL ENTERTAIN A
MOTION. >> MOTION TO APPROVE THE ORDINANCE.
>> WE HAVE A MOTION AND SECOND. JUST SO WE'RE CLEAR, THIS IS ENABLEMENT OF 150 UNIT CAP, THIS IS COMPLIANCE WITH OUR DISTANCE AND DENSITY REGULATIONS WE JUST APPROVED. AND THIS IS TO CLARIFY DEFINITIONS WHICH WERE ALL PART OF WHAT WE JUST APPROVED AS WELL. AND PROVIDING FOR SAVINGS CLAUSE, SEVERABILITY, PENALTY ON EFFECTIVE DATE.
[01:35:08]
ALL RIGHT. WITH THAT, AGAIN, THIS WOULD SET IN PLACE A 150 UNIT CAP, IT WOULD ALSO CLARIFY THE -- CODIFY THE DENSITY AND DISTANCE REGULATIONS, CLARIFY DEFINITIONS FOR INSPECTIONS AND OCCUPANCY TO ALIGN WITH WHAT WE APPROVED, AND THE OTHER REPEALS AND EFFECTIVE DATES. IF YOU'RE IN FAVOR, YOU'RE IN FAVOR OF THE CAP, OPPOSED, YOU'RE NOT IN FAVOR OF PUTTING IN THE CAP. ALL RIGHT.IF YOU WOULD PLEASE VOTE. IT'S 3-3.
CAN I -- MOTION DIDN'T FAIL. I HAVEN'T VOTED.
I GET TO DO MY THING NOW, WHICH I DON'T GET TO DO VERY OFTEN. BASED ON THE CONVERSATION, I DON'T HAVE ANY PROBLEM PUTTING THE CAP IN PLACE.
I THINK IF WE WANT TO RAISE THAT NUMBER, WE CAN.
WE CAN ALWAYS CHANGE ANY OF THE NUMBERS IF THERE'S ADDITIONAL DEMAND. I HAVE CONCERNS ABOUT STAFF BEING ABLE TO MAINTAIN THE NUMBER THAT WE HAVE ALREADY. SO I DON'T WANT TO PUT 800 UNITS ON MY STAFF AT THIS POINT. I ALSO THINK IN GENERAL IT'S A MOOT POINT. THE ECONOMICS OF BUYING AND RENTING PROPERTIES AT THIS POINT IS REALLY UPSIDE DOWN.
I DON'T SEE GOING FORWARD THIS IS GOING TO CHANGE ALL THAT MUCH. WITH THAT, I'M GOING TO VOTE IN FAVOR OF THE MOTION SO IT PASSES.
[E. Visitors Forum]
ALL RIGHT. NEXT ON THE AGENDA, E, VISITORS FORMS. SPEAKERS MUST ADDRESS TO THE MAYOR RATHER THAN STAFF, SPEAK PLAINLY. BE ALLOWED FIVE MINUTES FOR TESTIMONY, SPEAKERS MAY BE REMOVED.WHISTLES, CLAPPING, NOT PERMITTED.
THE CITY COUNCIL IS RESTRICTED FROM TAKING ACTION ON ITEMS NOT ON THE AGENDA.
I DO HAVE A REQUEST FROM NATHANIEL TORSON.
IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS.
>> THIS IS THE THING I WAS BRINGING UP?
>> YOUR OPPORTUNITY TO SPEAK TO
PROPERTY VALUES. >> NATHANIEL TORSON, DRAKE LANE, GARDEN RIDGE, 407, THAT COMMUNITY BACK THERE.
I WOULD LIKE TO SPEAK ABOUT THE DEGRADING OF PROPERTY VALUES DUE TO THINGS LIKE WHAT YOU'RE TALKING ABOUT RIGHT NOW.
AS MR. KELLY SAID, ONE OF THE REASONS I LIVE IN LEWISVILLE IS BECAUSE IT IS A FAMILY ORIENTED SORT OF NEIGHBORHOOD.
I GREW UP IN SOUTH OCLIFF, AND MOVING TO LEWISVILLE IS LIKE NIGHT AND DAY. I WATCHED THAT NEIGHBORHOOD THERE DEGRADE FOR A VARIETY OF REASONS, THINGS I'M SEEING HAPPENING RIGHT NOW.
ONE EXAMPLE THAT BLOWS MY MIND, I HAVE THREE LIQUOR STORES WITHIN A HALF MILE OF EACH OTHER IN MY NEIGHBORHOOD. TWO OF THEM SITTING WITH LESS THAN A QUARTER MILE FROM MY HOUSE, ANOTHER ON THE OTHER SIDE OF THE HIGHWAY NEXT TO AN AA FACILITY AND CHILDREN'S DANCE STUDIO, JUST POPPING UP LIKE DAISIES. I'VE LIVED E 20 YEARS IN THE SAME HOUSE AND WATCHED THAT HAPPEN. NUMBER OF RENTALS HAS GONE UP.
EIGHT HOUSES FOR SALE RIGHT NOW BECAUSE PEOPLE ARE TRYING TO LEAVE. WHO IS GOING TO BUY THOSE? WE'VE HAD SEVERAL OF THEM ON THE MARKET FOR THREE MONTHS.
IN 20 YEARS, I'VE WATCHED A REALLY NICE LITTLE, TIGHT, FAMILY COMMUNITY BECOME VERY LOUD, CORONA BOTTLES SMASHED ON THE SIDE OF THE STREET, CARS COMING THROUGH LIKE ROLLING ARTILLERY WITH THEIR BASS. THAT'S ONE OF THE BIGGER PROBLEMS I HAVE, THERE'S NO PEACE FOR ME WHEN I COME HOME. EITHER HAVE RENTERS WITH THEIR LOUD CARS AND I CALL THE COPS AND THEY SAY CAN'T DO ANYTHING WE DON'T WITNESS. I SEND VIDEOS, THEN THEY LIE TO THE POLICE'S FACE AND NOTHING GETS DONE. THEN WE'VE GONE
[01:40:01]
INCREASING NUMBER OF YOUTH PARKING IN THE PARKING LOTS OVER THERE IN THE MARKET BEHIND MY -- DIVISION. AND HAVING A GOOD OLD TIME, POPPING HOODS ON THEIR ENGINESENGINES JUST HANGING OUT.AND THIS IS A BROKEN WINDOW THEORY THING IN ACTION.
THE LESS THESE THINGS GET TAKEN CARE OF, THE MORE PEOPLE WILL MOVE OUT, THE MORE RENTERS WILL GET IN THIS AREA. I SAW ON THE MAP A FEW MORE POPPING UP IN MY NEIGHBORHOOD AS WELL.
THIS IS A BIG CONCERN TO ME. RIGHT NOW MY WIFE AND I ARE LIKE WE NEED TO MOVE NOW, IF WE DON'T, OUR PROPERTY VALUE IS GOING TO BASICALLY GO IN THE TOILET FROM WHAT IT IS RIGHT NOW. IT'S A HUGE CONCERN FOR US.
ESPECIALLY BECAUSE I GOT TWO KIDS AND I'M STARTING TO FEEL LESS SAFE IN MY NEIGHBORHOOD.
THIS ALL SPEAKS TO WHAT WE'RE TALKING ABOUT HERE.
THAT IS MY BIG CONCERN. I'M EAGER TO SEE WHAT YOU GUYS ARE WILLING TO DO ABOUT IT. BECAUSE IF NOT, YOU'RE GOING TO HAVE MY ENTIRE DIVISION BASICALLY TRYING TO SHIFT OUT AND GO TO FLOUR MOUND OR HYLAND VILLAGE IF THEY CAN AFFORD IT.
>> I APPRECIATE YOU COMING OUT, IT'S NOT EASY ALWAYS TO TALK IN PUBLIC.
I THINK OUR POLICE DEPARTMENT WILL TYPICALLY FOLLOW UP WITH YOU ON THOSE CONCERNS, WE'LL SEE WHAT WE CAN DO WITH ADDITIONAL ENFORCEMENT.
>> YEAH, LIKE I SAID, DIDN'T REALIZE YOU ALL WERE TALKING ABOUT IT WHEN I CAME HERE.
>> IT'S SOMETHING THAT COMES TO THE COUNCIL REGULARLY WE HAVE TO CONSTANTLY WORK FOR. I APPRECIATE THE INPUT AND CONCERNS. ABSOLUTELY WELL NOTED.
[F. Consent Agenda]
ALL RIGHT. THAT'S ALL I HAVE FOR PUBLIC COMMENT, WE'RE GOING TO MOVE TO THE CONSENT AGENDA. ITEM F, ALL ARE CONSIDERED SELF-EXPLANATORY AND ENACTED WITH ONE MOTION.A SPEAKER CARD OR COMMENTCOMMENT MUST FILLED OUT TO ADDRESS ONE. I DON'T HAVE ONE.
>> MOVE TO APPROVE THE CONSENT AGENDA.
>> SECOND. >> MOTION AND SECOND.
>> ALL IN FAIR, SAY AYE OR CLICK A. PASSES 6-0. ITEM G- 8, CONSIDERATION
[8. Consideration of an Alternative Standard Associated With Exterior Lighting for Vistara Sports Outdoor Courts; on an Approximately 1.10-Acre Tract out of the H.H. Smith Survey, Abstract No. 1576; Located on the South Side of West Vista Ridge Mall Drive, Approximately 200 Feet West of Highview Lane; Zoned Light Industrial (LI) District, as Requested by Saurabh Shah, PE, of AARI Engineering LLC, on Behalf of Feathers Smash LLC, the Property Owner. (25-08-12-AltStd)]
OF ALTERNATIVE STANDARD FOR EXTERIOR LIGHTING FOR OUTDOOR COURTS, ABSTRACT 1576, SOUTH SIDE OF SOUTH VISTA RIDGEMONT DRIVE.ITEM 2508-12- ALT THE PROPERTY OWNER IS SEEK TO ALLOW LIGHTING MORE THAN THE NONRESIDENTIAL USE. RECOMMENDED UNANIMOUS APPROVAL. IT'S RECOMMENDED THAT CITY COUNCIL APPROVE THE ALTERNATIVE STANDARD. WE HAVE MR. RICHARD LUEDKE AVAILABLE FOR QUESTIONS. I DO HAVE A QUESTION ON THIS.
IF THE USE IS NO LONGER PICKLEBALL, DOES IT HAVE TO BE
REDUCED? >> THEY HAVE TO CEASE OPERATING OR DO SOMETHING ELSE. ANY TYPE OF OUTDOOR SPORTS REQUIRES IT.
>> SO THE LUMENS SPECIFIC TO PICKLEBALL MAY NOT BE SPECIFIC TO ANOTHER SPORT.
>> THE SUP IS FOR COMMERCIAL OUTDOOR AMUSEMENT.
ANY TYPE OF OUTDOOR ACTIVITIES
YES. >> IS THERE A WAY TO ATTACH IT TO PICKLEBALL SPECIFICALLY? I JUST DON'T -- THAT'S A LOT OF LIGHT. THAT IS A LOT OF LIGHT ON THAT SPACE. I GET IT'S NOT RESIDENTIAL, BUT IT'S STILL LIGHT POLLUTION. I DON'T HAVE ANY ISSUE IF THIS IS REQUIRED BY THE SPORT OR PEOPLE WHO PLAY THE SPORT MAYBE, I DON'T KNOW.
BUT IF LESS -- IF THEY COME BACK AND SAY WE'RE GOING TO --
[01:45:03]
WHATEVER THE USE IS, DOESN'T REQUIRE THAT MUCH -- IN FACT OUR ORDINANCES SAY JUST ABOUT ANY OTHER USE DOESN'T REQUIRE THAT MUCH. ONLY REASON THIS IS COMING TO US IS PICKLEBALL. I WOULD BE CURIOUS IF WE CAN LIMIT THAT SO IF THEY CHANGE THE USE TO SOMETHING ELSE, EVEN SOMETHING ELSE IN THE APPROVED BOX.>> FOR CLARIFICATION, THE ORDINANCE ADDRESSES THE PARKING LOT LIGHTING, GASOLINE, SALES, AUTO SALES. IT DOESN'T REALLY ADDRESS ANY TYPE OF SPORT COURT. HERE IN THE CITY WE HAVEHAVE COURTS, SAND VOLLEYBALL, THERE'S NUMEROUS OTHER OUTDOOR ACTIVITIES THAT TEND TO REQUIRE
SIMILAR ILLUMINATION. >> THE QUESTION IS CAN I LIMIT THIS TO THIS USE?
>> THE QUESTION IS, CAN YOU HAVE A CONDITION ON THE APPROVAL THAT SAYS LIMITED TO USES FOR PICKLEBALL COURTS.
I DON'T KNOW THE ANSWER WITHOUT -- I'M COMFORTABLE WITH THAT AS LONG AS LEGAL IS OKAY WITH IT.
>> I DON'T HAVE THE ABILITY TO
DO THAT. >> MAYOR, I MOVE WE TABLE THIS ITEM AND BRING IT BACK AT OUR NEXT MEETING, WHICH IS
ON -- >> LEAN INTO THAT MIC, WOULD
YOU? >> I MOVE THAT WE TABLE THIS ITEM TO OUR OCTOBER 20TH MEETING.
>> I HAVE A MOTION AND SECOND. COUNCIL, PLEASE VOTE.
MOTION PASSES. THANK YOU, RICHARD, FOR THE INFO. APPRECIATE IT.
ITEM 9, CONSIDERATION OF AN ORDINANCE AMENDING THE CODE -- I
[10. Consideration of a Resolution Nominating Candidates to the Denton Central Appraisal District Board of Directors.]
GOT TO SKIP THIS. WE ALREADY DID IT.ITEM 10, NOMINATING CANDIDATES TO THE DENTON CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS.
TO BE APPROVED BY COUNCIL PRIOR TO OCTOBER 15TH.
AFTER ALL ENTITIES HAVE MADE NOMINATIONS, THEY'LL BE COLLECTED AND COUNT THE VOTES,VOTES, JANUARY 1, 2026, FOUR-YEAR TERM ENDING 2029. UNDER CONSIDER ARE ANN POMYKAL AND MIKE HENNIFER. THEY'VE BOTH SERVED WELL AND IT'S RECOMMENDED THAT THE RESOLUTION IS APPROVED.
IN LIEU OF ANY FURTHER DISCUSSION, A MOTION? MOTION BY MR. WILLIAM MERIDITH AND SECOND BY PATRICK KELLY. WHAT IS THE MOTION?
>> ARE WE GOING TO NOMINATE ANN
AND -- >> NOMINATE ANN AND MIKE.
COUNCIL, PLEASE VOTE. MOTION PASSES 6-0.
[H. Reports]
THANK YOU, COUNCIL. ITEM H, REPORTS.WE HAVE REPORTS ABOUT ITEMS OF COMMUNITY INTEREST, NO ACTION TAKEN IN THE PACKETS. QUARTERLY INVESTMENT REPORT, AND THEN I HAVE STAFF REPORT, CHIEF OF POLICE BROOK ROLLINS WITH A
REPORT. >> JUST WANT TO REMIND EVERYBODY OF THE NATIONAL NIGHT OUT IN CITY OF LEWISVILLE. 22 REGISTERS PARTIES AS OF THE BEGINNING OF THE MEETING, SLIGHTLY UP FROM LAST YEAR.
IT'S DESIGNED FOR THE NEIGHBORHOODS TO MEET EACH OTHER. WE HAVE A LOT OF CITY PARTICIPATION AS WELL FROM POLICE AND FIRE DEPARTMENTS ASSISTING WITH THIS.
WE HAVE A COUPLE OF ELECTED OFFICIALS WITH US AND THERE'S BEEN A SIGNIFICANT PUSH FROM LEWISVILLE 2035 GROUP ATTENDING THE PARTIES AND SEEKING INPUT FROM THE COMMUNITY. THAT'S COMING UP AND HOPEFULLY THE RESIDENTS WILL BE ABLE TO ATTEND THOSE.
NEXT IS FAITH IN BLUE. STARTED IN 2020, CALLED ONE COP, ONE -- ONE CONGREGATION, ONE POLICE OFFICER, THAT'S IT. BUT NOW FAITH IN BLUE.
[01:50:01]
THIS IS AN INTERACTION BETWEEN FAITH- BASED ORGANIZATIONS AND POLICE DEPARTMENT OVER THE SAME WEEKEND. SATURDAY, SUNDAY, I THINK MONDAY, ONE EVENT EACH DAY. ONE OF OUR LARGER EVENTS IS AT WESTSIDE BAPTIST CHURCH, I'LL BE THERE FOR THEIR CONGREGATION, AN OPPORTUNITY FOR THE POLICE TO CONNECT WITH FAITH- BASED ORGANIZATIONS. IF YOU CAN ATTEND, LOVE TO SEE YOU THERE, THANK YOU.>> OTHER EVENTS OR COMMENTS? COUNCILMEMBER MERIDITH,
I'LL START WITH YOU TODAY. >> OKAY.
GOT ONE LIBRARY ACTIVITY FOR THE WEEK.
ADULTS AND TEEN, TUESDAY OCTOBER 7TH, 5:30 TO 7:30, CORNER CLASSROOM, NO REGISTRATION REQUIRED. THAT'S ALL.
>> ITEMS FOR THE LEWISVILLE GRAND THEATER.
WE HAVE DARKNESS UNDONE BY THE BALLET BEYOND, OCTOBER 10TH AND 11TH.
BLACK BOX SONGWRITERS SERIES, BOB LIVINGSTON, PRESENTED BYBY CITY OF LEWISVILLE, OCTOBER 10TH. AND I'M GOING TO PROBABLY MANGLE THE PRONUNCIATION BUT I'LL TRY. ARUPIDAI VIDU, PRESENTED BY DANCE TROUPE -- OCTOBER 19TH.
I APOLOGIZE FOR THAT. OCTOBER 19TH. THEN "THE ROCKY HORROR PICTURE SHOW" FILM WILL BE PRESENTED BY THE CITY OF LEWISVILLE ON OCTOBER 24TH. AND A NUMBER OF ACTIVITIES, ART TALK, MICHAEL DUNCANDUNCAN BY THE VISUAL ART LEAGUE OF LEWISVILLE, OCTOBER 14TH. CRAFTING CO- OP BY THE CITY OF LEWISVILLE OCTOBER 18TH AND NOVEMBER 15TH.
AND FREE WORKSHOP, PAINTING WITH A LIMITED PALETTE BY THE VISUAL ART LEAGUE OF LEWISVILLE, AND THAT IS ALL I
HAVE. >> THANK YOU, COUNCILMEMBER KELLY.
>> COUPLE QUICK THINGS, WHOSE THUNDER DO I STEAL HERE? SEEN THE MONUMENT ON MAIN STREET, IT IS AWESOME.
I THOUGHT IT WOULD LOOK LIKE AVIATION OR A DRAG STRIP BUT LOOKS REALLY GREAT. MY DIRECTION IS HORRIBLE, I LOOK TO MY WIFE, BUT COMING IN WEST AND HEADING EAST ON MAIN STREET, IT'S SOMETHING TO SEE. MAKES ME PROUD.
SECONDLY, LITTLE LESS INTERESTING, DIGEST OF THE EMERGENCY PREPAREDNESS COUNCIL, LEWISVILLE'S SEAT IS UP AND WE NEED TO BE RENOMINATED AND REAPPROVED. HAPPENS NOVEMBER 7TH IF YOU'RE INTERESTED. WE HAVE IRVING WAS PRESENT FOR THIS, THREE PROGRAMS APPROVED. HAD ONE PUBLIC WORKS EMERGENCY RESPONSE TEAM, THE PROJECTS. GOT DONE.
THE BIG BEAUTIFUL BILL, 500 MILLION FOR UNARMED AIRCRAFT THREAT DETECTION, FIFA WORLD CUP SECURITY AND OLYMPICS, AND OPERATION STONEGARDEN, BORDER SECURITY. THE PRIORITIES WERE SOFT TARGETS IN CROWDED PLACES, CYBERSECURITY, CONTINUES TO BE AN ISSUE. HOMELAND SECURITY TASK FORCE AND OCTOBER 10TH FOR GRANTS IS THE DEADLINE. SEVERAL BILLS WENT THROUGH MOSTLY TO TRY TO HELP PREVENT WHAT HAPPENED IN THE CAMPSITE AND THE FLOODING. THREE BILLS AROUND THAT.
THERE'S AN EXERCISE GOING ON, IT'S PLANNED, DON'T PANG.
A COMPLEX, COORDINATED TERRORIST ATTACK ACROSS MULTIPLE JURISDICTIONS. HOSPITALS ARE PARTICIPATING, SIX FLAGS IS PARTICIPATING. IT'S A BIG EXERCISE TO SEE HOW WE HANDLE A LARGE- SCALE TERRORIST ATTACK IN THE AREA. FINALLY -- THAT'S IT, I'LL CLOSE THERE.
>> THANK YOU, SIR. COUNCILMEMBER
GREEN. >> JUST QUICKLY MENTION
[01:55:08]
ADOPTOWEEN, ADOPTION SPECIAL. I CAN'T EVEN SPEAK, OUR ANIMAL SHELTER IS RUNNING THROUGH THE END OF OCTOBER, FREE ADOPTION FOR ALL DOINGS OVER 20 POUNDS, IT'S A REALLY GREAT DEAL AND GREAT WAY TO FIND HOMES FOR THESE LOVING ANIMALS.>> GOOD JOB, STAFF, ON WESTERN DAYS, LOOKING FORWARD TO TOMORROW NIGHT. SHE STOLE MY ADOPTION THING. I WOULD LIKE TO REITERATE THOSE OF YOU OUT THERE, JUST MAKE NOTE OF THE EXERCISE, I'VE GOT A FEELING OUR DISPATCH IS GOING TO BE FULL OF CALLS.
REGARDLESS OF HOW MANY TIMES WE SAY THAT.
>> I WANTED TO THANK STAFF, WESTERN DAYS WAS A GREAT EVENT.
GREAT TEAMWORK TO GET IT DONE. SECOND, I'M LOVING SEEING PEOPLE WALKING IN OLD TOWN. SAY HOW EXCITED I AM, ECONOMIC DEVELOPMENT PLANNING, WE'RE BUILDING SOMETHING AND IT'S STARTING TO SHOW, YEARS IN THE MAKING. SUPER EXCITED ABOUT THAT. I WANT TO HIGHLIGHT ONE PERSON, MELISSA SITTING AT THE END OF THE DAIS, ONE OF HER MANY TASKS IS TO APPLY FOR VARIOUS GRANTS RELATED TO SUSTAINABILITY AND DESIGNATIONS AND MAKING SURE WE'RE MEETING BEST PRACTICES FROM SUSTAINABILITY STANDPOINT. TODAY WE FOUND OUT WE'RE THE SECOND CITY IN THE STATE OF TEXAS THAT THE U.S.
DEPARTMENT OF ENERGY HAS DECLARED IS RECEIVING AN AWARD FOR EV. TOOK MELISSA GUIDING THE TEAM MEMBERS THROUGH THE DEPARTMENTS TO GET POLICIESPOLICIES LINE TO STREAMLINE THEM FOR EV CHARGING. CONGRATULATIONS.
MAYOR, I'M SORRY, CAN I ASK FOR GRACE? I FORGOT SOMETHING.
>> BATTLE OF THE BADGES COMING UP ON THIS OCTOBER SATURDAY.
MIGHTY MUSTACHE CONTEST, IT'S ALWAYS FUN.
AND ENTER IF YOU HAVE A MAGNIFICENT MUSTACHE.
>> ONE ITEM TO ADD TO THE CALENDAR FOR FOLKS.
SATURDAY, OCTOBER 25TH, 7:00 A.M. TO 12:00 P.M.
ANY ORGANIZATIONS THAT CHOOSE TO JOIN US, IT WILL HELP COMPLETE MINOR EXTERIOR HOUSE OR YARD PROJECTS THAT DAY. IT'S A REALLY FULFILLING TIME TO HELP YOUR NEIGHBORS. I REALLY APPRECIATE THE CITY STEPPING UP TO COORDINATE THIS.
EVERY YEAR IT GETS BIGGER AND BIGGER.
LOOKING AT YOUR CALENDAR ON OCTOBER 25TH, MAN, GOT NOTHING TO DO THAT MORNING, WE NEED YOU.
GO TO THE CITY WEBSITE. 7:00 A.M.
LOOK UP LOVE OF LEWISVILLE, AND YOU CAN REGISTER RIGHT THERE TO PARTICIPATE.
WITH THAT, WE HAVE NOTHING FURTHER, NO OTHER
* This transcript was compiled from uncorrected Closed Captioning.