Aug 07, 2023 Town Council Archive

AYE. AND COUNCIL MEMBER. SCHIESTEL.

AYE. CONSENT ITEMS PASSED BY UNANIMOUS VOTE.

ALL 19. MOVING ON TO REGULAR ITEMS, WE'RE OPENING ITEM NUMBER ONE SP 22 0009 FLOWER

[K1. SP22-0009 - Flower Mound Medical Office Building]

MOUND MEDICAL OFFICE BUILDING.

AND ONCE AGAIN LEADING US OFF THIS EVENING WILL BE MISS LEXIN MURPHY.

GOOD EVENING, MA'AM.

GOOD EVENING, MAYOR AND COUNCIL.

I THINK IT'S TRYING TO OPEN.

OKAY. YOU'RE NOT ON THE CLOCK, SO TAKE YOUR TIME.

SORRY FOR THE DELAY.

TRY AGAIN.

SO THE FIRST ITEM WE'LL BE TALKING ABOUT IS THE MEDICAL OFFICE BUILDING SITE PLAN.

IT IS A SITE PLAN, BUT THEY ARE REQUESTING AN EXCEPTION FOR OVERHEAD UTILITIES, WHICH IS WHY IT'S COMING BEFORE THE COUNCIL.

THEY'RE REQUESTING TO NOT BURY A SECTION OF OVERHEAD UTILITIES THAT ARE RUNNING ALONG THE FRONT OF THE PROPERTY.

OPENING IT LEXIN.

OKAY. THERE WE GO.

SORRY. I THOUGHT IT WAS BECAUSE I CLICKED IT TOO MANY TIMES THAT IT WAS TELLING ME IT COULDN'T OPEN. GOOD JOB, MR. SCHIESTEL. SO HERE IS THE GENERAL LOCATION OF THE PROPERTY.

[01:00:01]

YOU CAN SEE THAT IT'S SOUTH OF CROSS TIMBERS AND CARNES AND WEST OF CHURCHILL DRIVE.

HERE'S A MORE CLOSE UP VIEW.

YOU MAY RECALL THAT THIS WAS THE PROPERTY IT PREVIOUSLY HAD BEEN APPROVED FOR, HAD APPROVED FOR A DAYCARE, AND THAT DID NOT FINISH GETTING DEVELOPED.

SO YOU CAN SEE THERE'S STILL KIND OF THE REMNANTS OF THAT CONSTRUCTION THAT HAD PREVIOUSLY STARTED ON THE SITE.

THE LAND USE FOR THE PROPERTY IS OFFICE, THE ZONING IS ALSO OFFICE.

HERE IS THE PROPOSED SITE PLAN, JUST TO GIVE YOU A PREVIEW OF WHAT THAT IS PROPOSED TO LOOK LIKE.

IT'LL BE A BUILDING ONE HERE IS THIS 12,500 SQUARE FOOT BUILDING.

SO AS MENTIONED, THERE IS AN EXCEPTION BEING REQUIRED, REQUESTING NOT TO BURY APPROXIMATELY 550 LINEAR FEET HERE RUNNING ALONG THE FRONT OF THE PROPERTY.

THIS IS AN EXHIBIT THAT WAS PROVIDED BY THE APPLICANT TO GIVE A LITTLE BIT MORE DETAIL AS TO WHAT THAT WOULD LOOK LIKE, WHERE THEY WOULD NEED TO PUT AN ADDITIONAL EASEMENT RUNNING ALONG THE FRONT OF THE PROPERTY, BECAUSE THEY SAID THEY WERE TOLD BY ONCOR THAT TEXDOT WOULD NOT ALLOW THEM TO ACTUALLY BURY THE LINES WITHIN THE RIGHT OF WAY.

SO IT WOULD NEED TO BE ON A SEPARATE EASEMENT THAT WOULD BURDEN THAT FRONT PORTION OF THE PROPERTY. I BELIEVE THEY ALSO HAVE ANOTHER EXHIBIT WITH A LITTLE BIT MORE DETAIL. AND SO THAT'S SAVED ON THE COMPUTER.

I'LL LET THEM GO OVER THAT, THOUGH, WHEN IT'S TIME FOR THEIR PART OF THE PRESENTATION.

THIS IS ANOTHER EXHIBIT THEY PROVIDED THAT JUST SHOWS WHERE THERE ARE CURRENTLY EXISTING OVERHEAD LINES KIND OF SURROUNDING THE SITE.

AND THAT'S ALL OF THE RED IS THE EXISTING OVERHEAD LINES.

AND THIS IS A SECTION THAT IS.

POTENTIALLY REQUESTED TO BE REMOVED.

SO THIS IS.

THEM SHOWING WHAT THE LINES WOULD LOOK LIKE CURRENTLY AS THEY'RE THERE AND IF THEY WERE REMOVED. THAT'S ONE OF THE REQUIREMENTS OF THE TOWN'S ORDINANCE TO GIVE THAT VISUAL.

HERE ARE SOME PICTURES OF THE SITE.

SO YOU CAN SEE THIS IS LOOKING SOUTHWEST.

CROSS CROSS TIMBERS THERE.

THIS IS LOOKING EAST.

BE THIS PROPERTY HERE.

THIS IS LOOKING NORTH.

AND SO THIS TREE WOULD REMAIN ON THE PROPERTY.

THIS IS THE ONLY SPECIMEN TREE THAT IS ON THE SITE.

AND THEY HAVE PROPOSED TO SAVE THAT TREE.

AND THEN THIS IS LOOKING NORTH, BUT A LITTLE FURTHER TO THE EAST OF THE SITE.

SO THIS IS JUST TO GIVE AN IDEA OF WHAT THE FULL BUILDOUT OF THE SITE WILL LOOK LIKE.

IT IS ONLY BUILDING ONE HERE, THE 12,500 SQUARE FOOT BUILDING THERE ON THE WEST NEXT TO THE OPEN SPACE THAT IS CURRENTLY PART OF THE SITE PLAN.

HOWEVER, THE FULL BUILDOUT OF THE SITE, THE APPLICANT IS EXPECTING TO INCLUDE TWO ADDITIONAL BUILDINGS THAT WILL FILL IN THE REMAINDER OF THE PROPERTY.

SO THIS IS JUST TO GIVE YOU AN IDEA OF WHAT THAT WOULD LOOK LIKE.

AGAIN, HERE IS THE SITE PLAN.

YOU CAN SEE HERE'S THE OPEN SPACE THAT WE TALKED ABOUT WITH THE TREE REMAINING THERE IN THE CENTER. THE BUILDING, THERE'S PARKING SURROUNDING ON EITHER SIDE OF THE BUILDING, AN ACCESS EASEMENT GOING AROUND THE SITE AND THE FUTURE DEVELOPMENT THERE ON THE EASTERN SIDE. THERE WOULD BE 63 PARKING SPACES REQUIRED AT A ONE FOR 200 PARKING FOR MEDICAL OFFICE. THEY ARE PROVIDING 67, SO THAT'S WITHIN THE 20% DEVIATION.

THEY ALSO DONE A LANDSCAPE PLAN.

SO IT'S IN TWO PIECES.

SO YOU'LL SEE THE NEXT TWO SLIDES.

THIS IS THE FIRST ONE. SO THIS REALLY IMPACTS THE SITE THAT IS UNDER CONSIDERATION TODAY. THEY'RE PROVIDING ALL REQUIRED TREES WITHIN THE LANDSCAPE BUFFER AND ALSO WITHIN THE PARKING AREA.

HERE IS THE ADDITIONAL PART OF THE PROPERTY.

WHILE THIS PART, THIS EASTERN SIDE OF THE SITE IS NOT BEING DEVELOPED CURRENTLY EXCEPT FOR THE ACCESS EASEMENT THEY ARE PUTTING IN THAT PERIMETER LANDSCAPING AS IS TYPICAL IN FLOWER MOUND. AND I WILL SAY ALSO THERE WAS A QUESTION FROM P AND Z BECAUSE THEY ARE REQUESTING THE EXCEPTION WHETHER THERE WAS ANY ADDITIONAL LANDSCAPING THAT WAS BEING INSTALLED KIND OF TO MAKE UP FOR IT.

SO IT IS NOT IT CAN'T BE VERIFIED AT THIS TIME, BUT BECAUSE THEY ARE MEETING, FULLY MEETING ALL OF THE TREE PLANTING REQUIREMENTS NOW WITHOUT THIS SECTION BEING DEVELOPED, THEY WILL ULTIMATELY PLANT MORE TREES THAN WOULD BE REQUIRED ON THE SITE BECAUSE THEY WILL HAVE TO FILL IN WITH PARKING LOT TREES WHEN THIS COMES FORWARD.

AND SO THEY ARE CURRENTLY MEETING THE REQUIREMENT WITHOUT ANY OF THOSE TREES IN PLACE. SO THEY ARE EXCEEDING WHAT WILL BE THE REQUIRED LANDSCAPING FOR THE AREA.

I KNOW WE DID RECEIVE A QUESTION FROM COUNCIL MEMBER SCHIESTEL TWO ABOUT THE TREES THAT WERE SELECTED SINCE THEY ARE LARGER TREES AND SO WE HAVE COMMUNICATED WITH THE APPLICANT THAT THIS IS KIND OF BEST CASE SCENARIO.

THE HOPE IS THAT YOU CAN DO THOSE LARGER TREES, BUT IT WILL BE FIELD CHECKED TO

[01:05:04]

VERIFY. AND IF IF THEY ARE TOO CLOSE TO ANY EXISTING POWER LINES AND TOWN COUNCIL DOES APPROVE THE EXCEPTION, THEN THERE IS THE POTENTIAL THAT THOSE WILL HAVE TO BE REPLACED WITH SOME OF THE SMALLER TREES THAT ARE ALLOWED WITHIN THAT PROXIMITY TO POWER LINE EASEMENTS. LEXIN CAN YOU GO BACK TO 17? YES. SO WHERE ARE THE OVERHEAD POWER LINES IN THIS? SO PRETTY MUCH ON THE DOTTED LINE IS THAT AT THE SO WE HAVE THIS BOX GOING AROUND THE PROPERTY RIGHT ALONGSIDE THE TREES.

RIGHT? SO IF I'M LOOKING AT IT HERE, THE OVERHEAD POWER LINES PRETTY MUCH FOLLOW THAT TOP BLACK LINE WITH THE DASHES ON IT.

AM I SEEING THAT RIGHT? I'M NOT SURE.

LET ME GO BACK AND FIND A THE ONE THAT.

OKAY. THAT SHOWS WHERE THE LINES ARE.

THIS ONE SHOWED IT, RIGHT? YEAH, THAT'S WHAT. OKAY, SO THAT'S WHAT IT LOOKS LIKE.

SO IF YOU CAN GO BACK TO 17.

SO THE FIRST THING THAT JUMPED OUT AT ME WHEN I LOOKED AT THIS WAS YOU'VE GOT, LET'S SEE HERE, LIVE OAK. LIVE OAK.

YOU'VE GOT RED OAK.

YOU'VE GOT CEDAR ELM AND DEPUTY MAYOR PRO TEM.

YOU DRIVE DOWN MORRIS ALL THE TIME.

YOU SEE THE TREES THAT GET HACKED, YOU KNOW, RIGHT IN HALF.

YOU SEE THE ENCORE IN THERE? SO WHAT WE'RE SEEING HERE IS WE'RE ASKING FOR AN EXCEPTION TO PUT POWER LINES OR TO LEAVE THE OVERHEAD LINES AND THEN PROPOSING THE LARGEST TREES WE HAVE IN OUR INVENTORY RIGHT NEXT TO IT, WHICH WE'VE ALREADY MADE THAT MISTAKE.

AND STAFF WOULD WE WON'T WE WON'T ALLOW THE PLANNING OF THESE LINES, I MEAN, OF THESE TREES IF THEY ARE GOING TO BE TOO CLOSE TO THE LINE.

SOMETIMES WHEN YOU ACTUALLY GO ON OUT ON THE SITE, YOU REALIZE, OH, WELL, THE POLE IS NOT EXACTLY WHERE WE THOUGHT IT WAS.

IT'S WITHIN THE EASEMENT, BUT IT'S A LITTLE FARTHER NORTH OR SOMETHING LIKE THAT.

AND SO YOU DO HAVE SPACING THAT WOULD ALLOW FOR THE LARGER TREES BECAUSE I THINK THAT WOULD BE EVERYBODY'S IDEAL IS TO PLANT THE LARGER TREES IF YOU DO HAVE THE SPACE FOR THEM. BUT BUT THE APPLICANT IS NOT TRYING TO PUSH THESE FORWARD IF THEY DON'T WORK AND STAFF IS IS ALSO NOT TRYING TO DO THAT.

SO WE'LL ENSURE THAT THE APPROPRIATE TYPE OF TREES ARE PLANTED DEPENDING ON THE LOCATION OF THE LINES AND THE POLES.

OKAY. SO STAFF WILL THEN COME BACK AND REVISE THIS DEPENDING ON WHETHER OR NOT THE EXCEPTION GOES FORWARD.

YES, THAT'S CORRECT.

SO WHILE WE'RE TALKING ABOUT THE EXCEPTION LEXIN, SO THE PROPERTIES TO THE WEST, THE MEDICAL AND INSURANCE AND THEN THE PROPERTIES TO THE EAST WITH THE FAST FOOD AND THAT SO THEY HAVE POWER POLES TODAY, RIGHT? SO THIS WAS EITHER A NEW THING THAT SOMEBODY HAS TO COMPLY TO OR THEY ALSO RECEIVED AN EXCEPTION. SO IF THE EXCEPTION GOES THROUGH, IT'S NOT LIKE THERE'S GOING TO BE ONE LITTLE SECTION JUST WITH POWER POLES.

RIGHT. IT'LL BE CONSISTENT, RIGHT? NO, THOSE ARE THAT WAS THE OTHER EXHIBIT THAT THE APPLICANT PROVIDED WHERE IT SHOWED THOSE RED LINES. YES. THOSE ARE ALL EXISTING OVERHEAD LINES.

YEAH. WHEN THOSE PROPERTIES DEVELOPED, AS YOU MENTIONED, EITHER THE THE TOWN DIDN'T HAVE OUR CURRENTLY CURRENT ORDINANCE IN PLACE YET OR THEY DID PURSUE AN EXCEPTION.

I COULDN'T VERIFY WITHOUT LOOKING UP INDIVIDUAL PROPERTIES.

BUT. SOUNDS GOOD.

SO HERE ARE THE ELEVATIONS FOR THE PROPERTY.

THEY ARE MEETING THE TOWN'S URBAN DESIGN GUIDELINES.

AND AGAIN, HERE IS THAT SITE PLAN.

SO THAT'S THE END OF MY PRESENTATION.

DO YOU HAVE ANY QUESTIONS FOR ME? IF NOT, I KNOW THE APPLICANT IS HERE AND THEY HAVE THAT SECOND EXHIBIT THAT THEY WANTED TO PROVIDE. THANK YOU.

LEXIN. WE HAVE JESSE GOBER CASTLE DEVELOPMENT.

SO DID YOU. DOES HE.

DOES HE HAVE A PRESENTATION THEN, OR.

NO. IT'S REALLY JUST THE.

OH, THERE WE GO. ALL RIGHT.

THE EXHIBIT.

AND SORRY IF I MISPRONOUNCED YOUR NAME.

NO, YOU'RE FINE. KIND OF MY THING.

BUT THROUGH IT ALL YOU WANT, IT'S BEEN DESTROYED MY ENTIRE LIFE.

MR. G. THAT'S FINE.

JESSE GOBER, CASTLE DEVELOPMENT 251 EAST.

SOUTHLAKE BOULEVARD. SOUTHLAKE, TEXAS.

BRIAN ZERO. PELOTON SOLUTIONS 11,000.

FRISCO STREET. FRISCO, TEXAS.

THANK YOU. GOOD EVENING, GENTLEMEN.

GOOD EVENING. SO, THIS EXHIBIT WAS WE PROVIDED TODAY.

ALL IT DOES IS ILLUSTRATE MOVING.

IF WE WERE TO HAVE TO BURY THE ELECTRICAL LINES, THE MAGENTA WOULD BE THE NEW LOCATION OF WHERE THAT EASEMENT WOULD HAVE TO GO AGAIN.

ENCORE TXDOT.

OBVIOUSLY DON'T PLAY IN THE SANDBOX WELL TOGETHER.

ALL THAT LAND OUTSIDE, I DON'T.

I DON'T KNOW WHO OWNS IT. I'M ASSUMING THAT'S TXDOT RIGHT-OF-WAY.

IT WOULD HAVE TO COME IN.

WHAT WE'VE DONE IS WE'VE KIND OF ILLUSTRATED THE RED LINES.

IT WOULD COMPRESS OUR CURRENT SITE PLAN.

AND KIND OF VISUALIZE THAT YOU CAN USE THE MOUSE THERE IF YOU WANT BECAUSE WE CAN'T SEE YOUR HAND. THE SCHOOL YOU'RE POINTING TO THE SCREEN.

BUT IF YOU WANT TO USE THE MOUSE, THERE YOU GO.

SO BASICALLY IT PUSHES OUR DRIVE, OUR CURRENT LAYOUT ONTO THE ADJACENT PROPERTY.

[01:10:04]

SO THAT'S JUST ONE OF THE VARIOUS REASONS.

RYAN, YOU CARE TO ADD? YEAH.

SO IT CAME UP IN P AND Z.

THEY ASKED THE QUESTION OF IF THIS EASEMENT WERE TO BE INSTALLED OR NEEDED, HOW WOULD IT AFFECT OUR CURRENT SITE LAYOUT? AND SO LIKE JESSE WAS SAYING, IS THIS SCREEN REPRESENTS THE PROPOSED THEORETICAL 20 FOOT ELECTRICAL EASEMENT.

IN DOING SO, THAT WOULD ULTIMATELY AFFECT OUR CURRENT PROPOSED WHAT I'M CALLING EXISTING RIGHT NOW, LANDSCAPE BUFFER.

WE WOULD HAVE TO SHIFT THIS DOWN AND THEN ULTIMATELY THAT WOULD ENCROACH INTO THE PROPOSED PARKING.

SO IT'S ESSENTIALLY A RIPPLE EFFECT.

YOU KNOW, THIS IS THE RED, AS JESSE WAS SAYING.

IT SHOWS WHERE THE PAVING WOULD THEN NEED TO BE.

AND THEN JUST GOING DOWN SOUTH, THE BUILDING WOULD SHIFT.

AND THEN FURTHERMORE, DOING SO, WE WOULDN'T BE ABLE TO FIT IN THE 24-FOOT FIRE LANE THAT'S REQUIRED.

IT WOULD BE OUTSIDE THE PROPERTY.

SO, IT WOULD ULTIMATELY HAVE A HUGE IMPACT AND RESULT OF HAVING TO INSTALL THIS EXISTING OVERHEAD ELECTRIC UNDERGROUND.

SO, WHERE'S THE TEX-DOT EASEMENT IN THIS DIAGRAM HERE? TXDOT. SO, THE RIGHT OF WAY.

SO, THIS IS A TXDOT STREET RIGHT HERE.

YEAH. RIGHT OF WAY. PARDON ME.

SO, THE RIGHT OF WAY GOES ALL THE WAY DOWN TO THE BLACK LINE, IS THAT CORRECT? YES, SIR. SO, TXDOT WILL NOT ALLOW YOU TO BURY THESE POWER LINES IN THEIR RIGHT OF WAY.

SO, THEN YOU HAVE TO DEDICATE THIS GREEN SECTION AS EASEMENT TO FACILITATE THAT.

YES, SIR. OKAY. AND THEN.

ALL RIGHT, LET'S SEE.

AND THEN WHAT'S THE PURPLE? SO THE PURPLE IS ESSENTIALLY JUST THE THE THICKER BLACK EASEMENT LINES IS JUST A REPRESENTATION OF WHERE THEY WOULD HAVE TO BE PLACED.

IT'S JUST SHIFTING DOWN TO SHOW ULTIMATELY WHAT WE WOULD HAVE TO DO TO ACCOMMODATE IT'S THE REVISED LANDSCAPE BUFFER THAT WE WOULD HAVE TO PLACE.

SO THE GREEN REPRESENTS WHERE THE LINES WOULD BE BURIED AT, RIGHT? CORRECT. AND THEN YOU'RE SAYING YOU'D HAVE TO MOVE THE ENTIRE PARKING LOT.

SO WHAT'S THE WHAT'S GOING ON BETWEEN THE PARKING LOT? SO IF WE WERE TO HAVE TO PUT THE ELECTRIC LINES ON THE GROUND, WE COULDN'T PLACE, I'M PRESUMING THAT ONCOR WOULD NOT ALLOW LANDSCAPING WITHIN THAT EASEMENT.

SO WE WOULD HAVE TO SHIFT ALL THE LANDSCAPING DOWN ADJACENT TO THAT, AND IT WOULD ULTIMATELY ENCROACH WITHIN THE PROPOSED PARKING SPACES THAT WE'RE CURRENTLY SHOWING. YOU'D HAVE TO MOVE THE PARKING LOT TO FACILITATE A LANDSCAPE EASEMENT.

IS THAT CORRECT? CORRECT. AND THE BUILDING IN THE.

YOU'RE ASKING ME? WELL, I'M ASKING BECAUSE I COULD POINT OUT THAT WE DON'T TRUST HUNDREDS OF HUNDREDS OF TREES VERY NEARBY THAT ARE RIGHT UNDERNEATH POWER LINES AND LOTS OF OTHER LANDSCAPING.

IT REALLY DEPENDS.

THAT'S SOMETHING THAT HAVE TO BE CONFIRMED WITH ONCOR.

SOMETIMES THEY DO TRY TO LIMIT TREES THAT ARE PLANTED ON TOP OF THEIR LINES BECAUSE THEY DON'T WANT TO HAVE THE POTENTIAL FOR THE LINES TO GROW IN.

AND I MEAN THE TREE ROOTS TO GROW IN AND IMPACT THE LINES.

AND THAT'S I KNOW WE IT DID COME UP WITH NIAGARA.

I THINK THAT WE HAD TO END UP SHIFTING AGAIN BECAUSE THEY DID BURY THEIR LINES, BUT THEN THEY KIND OF DIDN'T HAVE A PLACE TO TO FIT EVERYTHING BECAUSE THAT'S WHERE THEY WANTED TO PUT THEIR LANDSCAPE BUFFER.

AND SO WE HAD TO WE HAD TO WORK WITH THEM AND ONCOR ON THAT.

THIS IS WHAT TOLL BROTHERS WAS ON ABERDEEN, RIGHT? THEY HAD THE SAME ISSUE. THEY'D HAVE TO MOVE THE WALL BACK.

IT INCREASES THE RIGHT OF WAY. OKAY.

ALL RIGHT. THANKS. I HAVE A QUESTION.

ARE YOU. ARE YOU DONE? I HAVE A QUESTION ABOUT THE LANDSCAPING.

THIS PROPERTY, I'M REALLY HAPPY TO SEE SOMETHING HAPPENING WITH IT BECAUSE FOR MANY, MANY YEARS IT'S BEEN IN FLUX, AND IT'S BEEN SOME PROBLEMS AND THE FENCING AND IT'S JUST I'M REALLY HAPPY THAT WE HAVE A PROJECT COMING FORWARD.

THERE IS QUITE A SLOPE, SO IT SLOPES TOWARD THE CENTER OF THE PROPERTY.

SO I'M WONDERING HOW THAT WILL IMPACT THE TREES THAT YOU'RE PLANTING.

AND PERHAPS BECAUSE THE IF WE DID APPROVE THE OVERHEAD POWER LINES, THEY'LL BE CLOSER TO THE ROAD AND THEN YOUR LANDSCAPE BUFFER WILL ACTUALLY BE IN AND THE DECLINING SLOPE MIGHT THEN OFFSET SOME OF THE HEIGHT.

DOES THAT MAKE SENSE? LEXIN WHAT I'M SAYING, THE HEIGHT, THE MAXIMUM HEIGHT OF THE TREES MIGHT ACTUALLY BE LOWER, SO WE'LL TAKE THAT INTO CONSIDERATION.

SURE. YEAH, WE DEFINITELY DO THAT.

GOOD. I MEAN, THEY'RE LOVELY TREES THAT YOU PUT ON YOUR LANDSCAPING PLAN.

BUT TO COUNCILMAN SCHIESTEL POINT, I DON'T WANT TO SEE THEM HACKED UP IN 10 OR 15 YEARS.

SO I UNDERSTOOD.

ANYONE ELSE FROM COUNCIL WITH QUESTIONS FOR THE APPLICANT.

I THINK YOU MENTIONED.

AREA, THE LEFT SIDE OF THE SCREEN THAT'S ABOVE THE GREEN AREA.

[01:15:05]

THAT MAY NOT BE.

IS THAT YOUR? THE PROPERTY THAT'S NOT OWNED BY YOU AT ALL? CORRECT. THAT'S CORRECT. I DON'T KNOW WHO OWNS IT.

OKAY. SO THAT'S A DIFFERENT LANDOWNER THERE.

OR IT MAY ALL BE I DON'T KNOW.

I JUST I HAVE NOT BEEN ABLE TO VERIFY THAT.

OKAY. ASSUMING SOME OF IT, YOU KNOW, HERE.

IS TXDOT RIGHT OF WAY.

IT'S REALLY AWKWARD BECAUSE WE WERE NOT ABLE TO IDENTIFY.

WE DON'T OWN IT. OKAY.

SO, I JUST WANT TO CONFIRM THAT.

AND ALONG WITH DEPUTY MAYOR PRO TEM MARTIN'S COMMENTS, THANK YOU FOR TAKING DOWN THE CHAIN LINK FENCE AFTER X NUMBER OF YEARS.

YEAH, MR. DREW. YEAH.

I MEAN, MY ONLY THING I'M JUST KIND OF LOOKING AT THE RED AND THE BLACK HERE.

HAVE WE? HAVE YOU GUYS LOOKED AT MAYBE BEING A LITTLE BIT MORE CREATIVE WITH THE PARKING, YOU KNOW, TRYING TO SHIFT EVERYTHING FORWARD SO WE COULD GET THAT EASEMENT REMOVED OR DIG THE POWER LINES IN AND EITHER GIVE AN EXCEPTION FOR PARKING OR CHANGING THE PARKING A LITTLE BIT. SO WE COULD STILL GET THE LINES BURIED.

SO THAT WE HAVEN'T EXPLORED THAT AVENUE YET.

ESSENTIALLY, WHEN LEXIN HAD SHOWN THE PREVIOUS SLIDE, THERE IS A ANTICIPATED FUTURE BUILDINGS. AND SO WE DO HAVE THIS IS THE SITE LAYOUT THAT WE'VE BEEN WORKING THROUGH WITH PLANNING AND ZONING AND ENGINEERING.

SO ESSENTIALLY, YEAH, SO WHAT IT DOES IS IT REALLY, IT REALLY COMPRESSES.

THESE TWO FUTURE BUILDINGS AND WHAT OUR THOUGHT PROCESS GOING INTO THIS WAS.

YOU KNOW, THE PREVIOUS SITE PLAN HAD PARKING AND PAVING HERE.

SO, WE CAPITULATED THAT TO JUST BE ALL COMPLETE OPEN SPACE.

AND WHAT WE'RE TRYING TO DO IS MAXIMIZE WHAT WE CAN BUILD ON HERE.

AND IF THAT HAPPENS, THEN ALL OF THAT JUST SERIOUSLY COMPRESSES AND WE GET.

YOU KNOW, REALLY A BUILDING THAT'S NOT BUILDABLE.

YEAH. AND ONE OTHER POINT IS A LOT OF THIS DRIVE IS EXISTING.

SO, I MEAN, WE'RE SORT OF LIMITED IN WHERE WE CAN ADD PARKING.

YES, IT'S A BIG EXPENSE.

YOU WHEN ELSE ON COUNCIL FOR QUESTIONS.

ALL RIGHT. THANK YOU, GENTLEMEN.

THE TIME IS NOW. 717 AND I'M OPENING THE PUBLIC HEARING FOR ITEM ONE SP 22-0009.

THERESA, DO WE HAVE ANY GREEN COMMENT CARDS FOR THIS AGENDA ITEM? WE DO NOT. IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK DURING THE PUBLIC HEARING? PLEASE STAND UP OR RAISE YOUR HAND.

THE TIME IS 718 AND THE PUBLIC HEARING IS CLOSED.

DOES COUNCIL HAVE ANY ADDITIONAL QUESTIONS OR COMMENTS? I JUST WANT TO MAKE A FEW COMMENTS.

I DO MUCH PREFER THE BURIED UTILITIES.

I THINK IT'S A MUCH CLEANER LOOK.

IT HOPEFULLY WOULD ELIMINATE SOME EXPOSURE TO STORM DAMAGE, WIND DAMAGE.

BUT IN THIS SITUATION AND SOME OTHERS WHERE ALL OF THE SURROUNDING AREAS HAVE ABOVE GROUND UTILITIES, I THINK IT MIGHT EVEN LOOK WORSE BECAUSE THEN YOU HAVE THIS AND THEN IT GOES DOWN AND THEN IT GOES BACK UP AND IT JUST DOESN'T MAKE ANY SENSE.

SO I AM OKAY WITH THIS.

YEAH, I AGREE.

I MEAN, I AGREE.

IT'S UNFORTUNATELY WHEN LIKE THE KROGER AND THAT CENTER WAS BUILT THAT THEY WE DIDN'T HAVE THOSE THESE REQUIREMENTS BACK THEN OR WE DIDN'T ENFORCE IT ONE OF THE TWO.

BUT TO GO YOU KNOW HAVE HIGH POWER LINES AND THEN HAVE HAD TWO POLES TO TAKE IT DOWN AND THEN IT DOESN'T MAKE A LOT OF SENSE.

SO, I LOOKED AT THAT SLIDE THAT SHOWED ALL THE POWER LINES GOING EVERYWHERE.

AND I REALLY THINK THAT WE NEED TO STOP GRANTING THIS EXCEPTION BECAUSE WE NEED TO TAKE ACTION WHEN WE CAN TO GET RID OF SOME OF THESE POWER LINES.

I THINK IT'S EVEN MORE IMPORTANT WHEN YOU HAVE LOTS OF THEM.

BUT IN THIS CASE, BECAUSE THIS PROPERTY HAS BEEN SITTING HERE IN THIS STATE FOR THIS LONG, WE HAVE A HIGHER INTEREST OF GETTING THIS PROJECT MOVING FORWARD.

SO I'M WITH THE WITH THE POINT THEY MADE ABOUT THE EASEMENTS.

I THINK IT DOES MAKE SENSE TO GRANT THIS EXCEPTION.

THANK YOU. MR. DREW. YEAH, I MEAN, I'M OKAY WITH THE EXCEPTION.

I THINK WE COULD HAVE BEEN A LITTLE BIT MORE CREATIVE WITH THE PARKING.

I'D LIKE TO HAVE SEEN SOME OF THAT BEFORE HERE.

BUT WITH THE WITH THE SIDE SIDE LOTS ALREADY HAVING THE ABOVE GROUND POWER LINES, I'M OKAY WITH IT. YEAH, I'D JUST LIKE TO AVOID WHAT HAPPENED ON MORRIS, WHERE WE KEEP SEEING THE TREES GET TOPPED.

IT LOOKS BAD. YES.

YEAH. WAS THERE ANY MORE COUNCIL DISCUSSION?

[01:20:03]

WITH THAT, I'LL ENTERTAIN A MOTION.

I MOVE TO APPROVE AGENDA ITEM K ONE AS WRITTEN.

SECOND. ANY DELIBERATION ON THAT MOTION? THERESA. WE HAVE A MOTION AND A SECOND.

ITEM K.1 SP 22-0009 PASSES BY UNANIMOUS VOTE.

MOVING ON TO ITEM TWO SP 23-0008 TESLA FLOWER MOUND LEADING US OFF ONCE AGAIN IS

[K2. SP23-0008 – Tesla SSD Flower Mound]

MISS LEXIN MURPHY.

THANK YOU. GOOD EVENING. AS MENTIONED, THIS IS A SITE PLAN APPLICATION.

HERE IS THE GENERAL LOCATION OF THE PROPERTY.

IT IS SOUTH OF JUSTIN ROAD AND EAST OF BROWNING.

THERE'S A MORE CLOSE UP VIEW.

COUNCIL MAY ALSO RECALL THAT THIS IS A PROPERTY THAT HAD PREVIOUSLY COME FORWARD WITH AN SUP REQUEST FOR A BOAT DEALERSHIP.

AND SO IF THIS APPLICATION IS APPROVED, THEN THE BOAT DEALERSHIP WOULD NO LONGER BE PERMITTED USE. THIS IS DEVELOPED WITH THE NEW PROPOSED BUILDING AND SITE.

THE LAND USE FOR THIS PROPERTY IS COMMERCIAL INDUSTRIAL.

THE ZONING IS PD 43 WITH COMMERCIAL TWO USES.

HERE IS THE SITE PLAN.

YOU CAN SEE THAT IT'S A LITTLE BIT MORE THAN 51,000 SQUARE FOOT BUILDING THAT'S BEING PROPOSED. THERE'S PARKING ALL SURROUNDING IT.

THE ONLY ACCESS TO THE SITE IS COMING FROM JUSTIN ROAD THROUGH THIS ACCESS EASEMENT.

SO AGAIN, THIS IS A SITE PLAN THAT'S BEFORE COUNCIL BECAUSE THEY ARE REQUESTING TWO EXCEPTIONS. THE FIRST IS FOR UNDERGROUND UTILITIES.

IN THIS CASE, THERE'S ONLY 40FT, 40 LINEAR FEET.

THEY'RE ALONG JUSTIN ROAD WHERE THERE ARE OVERHEAD UTILITIES THAT WOULD POTENTIALLY NEED TO BE BURIED IF COUNCIL DIDN'T GRANT THIS EXCEPTION.

SO AGAIN, THIS SHOWS WHAT THAT WOULD LOOK LIKE IF THE POWER LINE STAYED IN PLACE VERSUS IF IT WAS BURIED.

AND SO IT WOULD REQUIRE THE INSTALLATION OF TWO POLES IF THEY WERE TO BE BURIED, SINCE IT WOULD HAVE TO PICK UP ON EITHER SIDE OF THAT DRIVEWAY ENTRANCE.

THE OTHER EXCEPTION THAT'S BEING REQUESTED BY THE APPLICANT IS A MERITORIOUS DESIGN.

THE FIRST ELEMENT OF THE MERITORIOUS DESIGN EXCEPTION IS FOR FACADE COLORS.

SO THE MAIN COLORS PROPOSED FOR THE BUILDING ARE SHADES OF GRAY, WHICH WOULD NOT TYPICALLY BE PERMITTED WITHOUT A MERITORIOUS DESIGN EXCEPTION FROM COUNCIL.

AND THEN IN ADDITION, THEY'RE USING A RED COLOR AS AN ACCENT COLOR.

SO THE USE OF THE ACCENT COLOR IS FAIRLY MINIMAL.

IT'S LESS THAN THE 20% THAT WOULD BE ALLOWED.

HOWEVER, THE TOWN'S URBAN DESIGN GUIDELINES STATE THAT THE ACCENT COLORS SHOULD BE BASED IN THE SAME TONE, AND SO THIS WOULD NOT HAVE A BASIS IN GRAY.

SO ANOTHER REASON WHY THE COLOR WOULD NEED A DESIGN EXCEPTION FROM COUNCIL.

THE SECOND ASPECT OF THE MERITORIOUS DESIGN EXCEPTION IS UNIFIED DESIGN THEME.

SO THIS JUST SHOWS YOU SOME OF THE SURROUNDING BUILDINGS AND DON'T REALLY SHARE THE SAME DESIGN ELEMENTS AS THOSE THAT HAVE BEEN CONSTRUCTED AROUND IT.

AND THAT'S TYPICALLY SOMETHING THE TOWN WOULD SEE.

HERE'S SOME PICTURES OF THE SITE.

SO THIS IS LOOKING WEST FROM THE ADJACENT PROPERTY.

THIS IS LOOKING SOUTHWEST ACROSS THAT LOT AGAIN FROM AN ADJACENT PROPERTY.

THIS IS LOOKING DIRECTLY SOUTH.

SO AGAIN, HERE IS WHERE THAT EXISTING ACCESS ROAD CURRENTLY JUST KIND OF ENDS AT THE EDGE OF THE PROPERTY THERE.

AND THIS IS ALSO LOOKING SOUTH, BUT IT'S LOOKING FROM ACROSS THE STREET.

SO, AGAIN, BECAUSE THIS SITE IS LOCATED BEHIND BUILDINGS THAT HAVE ALREADY BEEN CONSTRUCTED, NOT AS MUCH IMPACT AS FAR AS THE UNIFIED DESIGN THEME REQUIREMENT GOES, BECAUSE IT'S REALLY NOT ADJACENT TO THE OTHER BUILDINGS.

IT'S LOCATED TO THE REAR.

SO AGAIN, THIS IS THE SITE PLAN.

THE REQUIRED PARKING WOULD BE 206 SPACES.

THEY'VE PROVIDED 165, WHICH IS RIGHT AT THE 20% DEVIATION.

HOWEVER, THEY ARE ALSO PROVIDING 129 ADDITIONAL SPACES THAT WILL BE USED FOR STORAGE OF VEHICLES.

SO OVERALL, THERE'S 294 SPACES ON THE SITE.

HERE'S THE LANDSCAPE PLAN FOR THE PROPERTY.

SO THEY ARE PROVIDING THAT COMPATIBILITY BUFFER ALONG THE SOUTHERN PROPERTY LINE WHERE ADJACENT TO THE NEIGHBORHOOD.

AND THEY ARE ALSO PROVIDING LANDSCAPING ALL THROUGHOUT THE PARKING FOR BOTH SPACES THAT ARE RETAIL PARKING AS WELL AS STORAGE PARKING SPACES.

THEY'RE MEETING ALL OF THE TOWN'S LANDSCAPE STANDARDS.

SO AGAIN, HERE ARE THOSE ELEVATIONS, WEST AND EAST.

AND THEN THIS IS BROKEN INTO TWO JUST BECAUSE IT WAS SO WIDE.

[01:25:03]

BUT THE NORTHERN ELEVATION.

THE SOUTHERN ELEVATION.

AND ONE MORE TIME WITH THE WEST.

JUST AGAIN, TO KIND OF GIVE YOU AN IDEA OF WHAT THEY THINK OF AS THEIR FRONT, HOW THAT WILL LOOK. HERE IS THE SITE PLAN AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

THE APPLICANT ALSO HAS A PRESENTATION.

CAN YOU GO BACK TO SLIDE 35, PLEASE? SO THIS IS WITH REGARD TO THE REQUEST FOR THE COLOR CHANGE.

AND I SEE SOME VERY CONSPICUOUS RED RIGHT THERE ALSO.

SO I THINK WASN'T US.

WELL, YOU KNOW, NO, THE WE DO HAVE WITHIN THE URBAN DESIGN GUIDELINES, IT SAYS THAT THINGS SUCH AS CANOPIES CAN BE CONSIDERED JUST KIND OF ACCENTS AND THOSE CAN BE BRIGHTER COLORS. SO THAT IS SOMETHING THAT THE URBAN DESIGN GUIDELINES ALLOWS FOR.

BUT BECAUSE THIS RED IS INCORPORATED INTO THE ACTUAL BUILDING FACADE.

BUT TO YOUR POINT, IT IS SIMILAR TO SOMETHING THAT IS NEARBY.

ALL RIGHT? IT'S SIMILAR. AND I THINK ALSO THE INTENT OF THE ACCENT AND PERHAPS ANYWAY, I DON'T KNOW FOR SURE, BUT IT SEEMS LIKE IT WOULD BE ALMOST A SIMILAR BUT IT WOULD BE CONTINUOUS VERSUS AN AWNING STYLE.

IT'S MINIMAL, I THINK.

AND THEN THE GRAY COLORS, REALLY, WE ARE STILL CONSIDERING ADOPTING SOME GRAY COLORS INTO OUR APPROVED SCHEME, RIGHT? WE ARE.

I DO NOT.

FROM WHAT WE HAVE LOOKED AT.

SO I'LL JUST SAY THIS. Y'ALL CAN TELL ME IF THAT'S NOT WHAT Y'ALL ARE THINKING.

I DON'T THINK THAT.

I THINK THESE GRAY COLORS WOULD STILL REQUIRE A MERITORIOUS DESIGN EXCEPTION.

THEY ARE NOT SO EARTHY GRAY, BUT IF THAT IS NOT THE COUNCIL'S FEELING ON IT, IF YOU FEEL LIKE THESE, THESE ARE MEET THE TOWN'S INTENT, I WILL TAKE THAT FEEDBACK INTO CONSIDERATION AS WE WORK ON UPDATES.

I THINK IT'S JUST REALLY HARD TO TELL FROM A RENDERING, ESPECIALLY THROUGH A COMPUTER SCREEN, BECAUSE IT COULD BE REALLY ANY SHADE, IT COULD BE COOL, IT COULD BE WARM AND EARTHY. BUT I DO LOOK FORWARD TO THAT PRESENTATION.

ANOTHER TOPIC. THANK YOU.

SPEAKING OF SIGNS, SO WITH THAT BUILDING BEING SO FAR SET BACK OFF, IS THERE ANYTHING IN THE SIGN PACKAGE THAT'S GOING TO ALLOW A TESLA SIGN ON THE SIDE OF THE ROAD? I MEAN, IT CAN'T NECESSARILY BE ELEVATED, RIGHT? BUT NORMALLY WE DON'T ALLOW SIGNS TO BE OFFSET FROM THE PROPERTY THAT FAR.

SO HOW ARE THEY? WHAT'S THE PLAN? AND MAYBE WE CAN ASK THEM, BUT WHAT'S THE PLAN TO ADDRESS SIGNAGE? I THINK YOU CAN ASK THEM TO SEE IF THEY'VE MADE ANY FURTHER PROGRESS.

THEY WERE TRYING TO TALK TO ADJACENT PROPERTY OWNERS TO SEE WHETHER THEY MIGHT BE ABLE TO WORK WITH THEM OR OBTAIN AN EASEMENT BECAUSE BECAUSE IT'S ONLY THAT 40FT OF ACTUAL FRONTAGE THEY HAVE, THEY WOULDN'T BE ABLE TO PUT A SIGN THERE THAT MET THE TOWN'S NORMAL SIGN STANDARDS.

SO LIKE I SAID, I THINK THEY'RE STILL WORKING ON THEIR OPTIONS AND THEY ARE AWARE THAT THERE IS THE POTENTIAL FOR THEM TO COME BACK TO YOU WITH A COMPREHENSIVE SIGN PACKAGE PROPOSAL IN THE FUTURE JUST BECAUSE OF THE LIMITS OF THEIR FRONTAGE.

BUT I DON'T THINK THEY WERE READY FOR THAT YET.

OKAY. COUNCIL, ANY MORE QUESTIONS OR INPUT FROM STAFF? ALL RIGHT. WE HAVE A PRESENTATION FROM THE APPLICANT, MR. BILL HOFFMAN.

HOFFMAN PLANNING ASSOCIATES, AND.

DUANY, DAVE FROM TESLA.

THANKS. GOOD EVENING, SIR.

THANK YOU. GOOD EVENING, MAYOR.

COUNCIL MEMBERS. MY NAME IS BILL HOFFMAN WITH HOFFMAN PLANNING ASSOCIATES.

AND IT'S A PLEASURE BEING HERE TONIGHT WITH YOU.

TESLA IS LOOKING FORWARD TO BEING A MEMBER OF THE FLOWER MOUND COMMUNITY.

AND VERY QUICKLY, I'D LIKE TO INTRODUCE OUR TEAM WHO ARE HERE TONIGHT.

DUANY DAVE, WHO'S OUR DESIGN MANAGER FROM TESLA AND FROM GREENLAW PARTNERS IS BAKER MURPHY, AND FROM KIMLEY-HORN WE HAVE OUR CIVIL ENGINEER.

IF ANY QUESTIONS COME UP NADAR AND I APOLOGIZE BECAUSE I CAN NEVER GET YOUR NAME RIGHT, BUT [INAUDIBLE] AND WE DO HAVE A SHORT POWERPOINT PRESENTATION AND I WOULD LIKE TO BRING UP DUANY DAVE FROM TESLA TO GO THROUGH THAT WITH YOU.

AND WHILE SHE'S COMING UP, I'D LIKE TO THANK YOUR STAFF.

AND THE PLANNING DEPARTMENT REALLY WENT BEYOND THE CALL OF DUTY, IN MY OPINION.

AND MR. CHILDERS, I'D LOVE TO NOMINATE HER IF I COULD, FOR THE WRI AWARD, BUT VERY PLEASED WITH HOW THE WHOLE PROJECT WAS PROCESSED.

SO, THANK YOU FOR THAT, DWAYNE.

UM, GOOD EVENING.

FIRST OF ALL, TESLA.

TESLA IS REALLY THRILLED TO BE A PART OF THIS TOWN.

UM, WE HAVE A REALLY QUICKLY GROWING INFRASTRUCTURE IN THE STATE OF TEXAS AND

[01:30:03]

REALLY COMING HERE, EXPANDING AND HAVING THIS NEW CENTER IN FLOWER MOUND IS GOING TO BE VITAL TO OUR PRESENCE IN THE STATE OF TEXAS.

UM, OUR GOAL IS TO INCREASE TESLA OWNERSHIP IN THE SURROUNDING AREAS.

UM, PROVIDE OUR EXISTING CUSTOMER BASE CONVENIENCE AND RELIABLE ACCESS TO OUR BRAND SERVICES AND CONTRIBUTE TO THE CITY'S HIGH STANDARDS FOR QUALITY, LIFESTYLE AND SUSTAINABILITY. I'M DESCRIBING THE PROJECT.

THIS IS GOING TO BE A LITTLE OVER 51,000FT².

ELECTRIC VEHICLE SERVICE AND SALES CENTER FACING A FRONTAGE TOWARDS NOT HAVING A DIRECT FRONTAGE BUT AN ACCESS TOWARDS FROM THE JUSTIN ROAD IN THE TOWN OF FLOWER MOUND.

I WOULD LIKE TO GO OVER OUR SERVICE SALES SERVICE AND DELIVERY MODEL.

THE SALES AREA OF THE CENTER WILL FUNCTION PRIMARILY TO SHOWCASE THE TESLA VEHICLE DISPLAY SAMPLE FINISHES AND TRIMS AND PROVIDE AN INTERACTIVE LEARNING ENVIRONMENT WHERE POTENTIAL CUSTOMERS CAN LEARN MORE ABOUT THE TESLA VEHICLES.

THE PROCESS TESLA ENERGY PRODUCTS SUCH AS THE POWERWALL SOLAR SYSTEMS AND PROVIDE CUSTOMERS AN OPPORTUNITY TO DESIGN AND CUSTOMIZE THEIR OWN TESLA VEHICLES.

THIS EXPERIENCE FOR THE CUSTOMER WILL BE MUCH LIKE TRADITIONAL AUTO SALES WITH SLIGHT VARIATIONS. I CAN HIGHLIGHT THE VARIATIONS IN JUST A BIT.

THE STAFF WILL BE AVAILABLE TO ANSWER ANY QUESTIONS AND ULTIMATELY HELP THE CUSTOMER PLACE AN ORDER.

THIS IS GOING TO BE A CUSTOM ORDER SO CUSTOMERS WOULD BE ABLE TO HAVE ACCESS TO THE GRAPHIC PANELS AND THEY CAN REALLY PARTICIPATE IN A PROCESS WHERE THEY BUILD THEIR OWN CARS. VIRTUALLY ONCE ORDERED, A TESLA VEHICLE IS CUSTOM PRODUCED OFFSITE.

THIS WOULD HAPPEN AT THE GIGAFACTORY IN AUSTIN AND THE NEW VEHICLES WOULD BE DELIVERED TO THE CENTER HERE FOR CUSTOMER PICKUP.

THE DELIVERY OF OUR VEHICLES IS COORDINATED WITH THE BUYER AND THIS IS WHERE WE MAINLY DIFFER IN OUR OPERATIONS BECAUSE WE DO NOT HOLD ANY INVENTORY VEHICLES ON THE LOT.

AN APPOINTMENT IS MADE SO THAT THE BUYER WILL ARRIVE ON SITE TO RECEIVE THE VEHICLE AS IT IS DELIVERED FROM THE FACTORY NEARBY.

THIS IS ONE OF THE, AS I SAID, BIGGEST DIFFERENCE WITH OUR OPERATIONS.

TESLA DO NOT HAVE ANY DWELLING ON SITE PREMISES.

EACH CUSTOMER PICKS UP A PRE ORDERED AND A PRE-BUILT CUSTOM VEHICLE, AND THE ONLY INVENTORY VEHICLES THAT ARE STORED ON SITE WILL BE FOR TEST DRIVES AND FOR DISPLAY PURPOSES ONLY.

GOING FORWARD WITH THE ELEVATIONS AND SOME OF THE RENDERINGS AND EXHIBITS.

SO THIS IS A SITE PLAN EXHIBIT SHOWING WHERE THE BUILDING WOULD BE LOCATED AND THE SITE PARKING AROUND THE BUILDING.

THIS IS A SLIGHT PARKING COUNT SUMMARY TO SHOWCASE HOW MANY RETAIL PARKING'S WHERE EXACTLY THOSE RETAIL PARKING WOULD BE LOCATED AND WHERE THESE STORAGE PARKING WOULD BE LOCATED AGAIN BY STORAGE.

UM, THE DEFINITION OF STORAGE IN OUR OPERATIONS IS SLIGHTLY DIFFERENT BECAUSE THESE WOULD BE PICKED UP AS THE VEHICLES ARE DELIVERED.

THEY WILL NOT STAY LONGER THAN 24 HOURS ON THE LOT.

THIS IS THE FLOOR PLAN.

WE CAN GIVE YOU A LITTLE BIT OF A SNEAK PEEK INTO OUR OPERATIONS AND THE FLOW OF OPERATIONS. AGAIN, OUR SERVICE MODEL IS ALSO A LITTLE BIT DIFFERENT BECAUSE WE ALLOW CUSTOMERS TO DRIVE THEIR VEHICLES BY THEMSELVES INTO OUR SERVICE SHOP.

ONCE DRIVEN IN AND AT THE ENTRANCE POINT WHERE YOU SEE THOSE FOUR CARS PARKED, THAT IS WHERE THE SERVICE ADVISORS WOULD RECEIVE THEM AND THE CUSTOMERS WOULD WALK STRAIGHT IN INTO THE LOUNGE AND THE SHOWROOM.

IN OUR SERVICE, TYPICAL PERIOD IS RANGES ANYWHERE FROM 30 MINUTES TO AN HOUR.

SO ANY CUSTOMER WHO IS BRINGING THEIR CAR FOR A SERVICE APPOINTMENT WOULD BE IN AND OUT OF THE SITE WITHIN AN HOUR.

IN THAT ONE HOUR OF TIMEFRAME, WE PROVIDE THEM OPPORTUNITY TO LEARN MORE ABOUT THE VEHICLES, HAVE INTERACTION AT THE GRAPHIC AND THE GALLERY WHERE THE VEHICLES ARE.

THERE FOR DISPLAY.

THEY CAN ALSO SPEND SOME TIME IN THE LOUNGE.

WE HAVE A LITTLE BREAKFAST STATION, COFFEE STATION AND KIDS CORNER WHERE THEY CAN HAVE KIDS PLAY AND JUST JUST HAVE THE LOOK AND FEEL OF THIS FACILITY WHILE THEIR CAR IS BEING SERVICED. THIS IS THE WEST ELEVATION.

THIS IS MAINLY GOING TO BE OUR STOREFRONT ELEVATION.

[01:35:04]

AND TO YOUR POINT, DEPUTY MAYOR, THE RED ACCENT IS ACTUALLY BEING SERVED AS A CANOPY. THE DESIGN IS NOT, IT'S NOT DESIGNED AS AN AWNING, WHICH IS MOSTLY A FABRIC, BUT THIS IS A MORE LUXURIOUS MATERIAL.

UM, REALLY, THE PURPOSE IS THE SAME.

IT SERVES AS AN AWNING, AS A AS A PROTECTION FOR PEDESTRIANS WHO ARE ENTERING THE SHOWROOM. UM, BUT AGAIN, THE DESIGN, THE DESIGN IS A LITTLE BIT DIFFERENT THAN A TRADITIONAL AWNING.

UM, THIS IS THE EAST ELEVATION AND NORTH ELEVATIONS, SAME AS WHAT WE'VE SEEN BEFORE.

AND THIS IS THE RENDERING SHOWING THE COLORS.

AGAIN, THIS IS JUST A RENDERING, SO THE ACTUAL COLORS WOULD BE A LITTLE BIT DIFFERENT. THE WARMTH, THE COOLNESS, THE TONES BRIGHTNESS IS A LITTLE BIT DIFFERENT.

BUT WHAT I CAN TELL IS THAT THESE COLORS ARE VERY NEUTRAL.

THEY WE, WE LEAD BY A VERY UNDERSTATED DESIGN GUIDELINES THAT REFLECTS ON OUR PRODUCTS, THAT REFLECTS ON THE INTERIOR DESIGN OF OUR FACILITIES.

AND THAT IS WHAT WE ARE TRYING TO ACHIEVE HERE WITH THE EXTERIORS.

THANK YOU. THANK YOU, MA'AM.

COUNCIL, DO YOU HAVE ANY QUESTIONS FOR MISS DARBY? MR. MUSK ISN'T HERE, I GUESS, TO PRESENT COUNSEL FOR QUESTIONS.

WAS PRETTY THOROUGH, SO.

YEAH, HE'S IN TRAINING.

NOBODY HAS ANY QUESTIONS, IS THERE? IS THERE ANY LANDSCAPING ON THIS? WE DO HAVE LANDSCAPING AND I CAN GO BACK TO THE SITE PLAN.

THIS IS NOT A LANDSCAPE PLAN, BUT WE DO HAVE LANDSCAPE ISLANDS.

SO YOU SEE THE ISLANDS IN BETWEEN THE PARKING STALLS.

THOSE ARE DEDICATED LANDSCAPE ISLANDS AND THEN THE BUFFER TOWARDS THE SOUTH SIDE OF THE PROPERTY, THAT ENTIRE BUFFER IS GOING TO BE LANDSCAPED.

SO ABOUT. SO WHAT? SO IF THIS GOES THROUGH TONIGHT, RIGHT, AND YOU GUYS GO VERTICAL AND WE DO A BIG GRAND OPENING RIBBON CUTTING AND EVERYTHING, WHAT DOES THAT LOOK LIKE FOR OUR COMMUNITY AS FAR AS EMPLOYEES AND SUPPLY CHAIN AND LIKE, HOW IS THAT SO? TALK TO ME JUST A LITTLE BIT.

AND IF YOU'RE NOT PREPARED, I'M NOT TRYING TO PUT YOU ON THE SPOT.

I APOLOGIZE. BUT BUT WHAT DOES THAT ACTUALLY DO FOR BRINGING JOBS AND SORT OF FOR THE ECONOMY AND THINGS LIKE THAT? CAN YOU TALK ABOUT THAT? JUST A COUPLE QUICK BULLET POINTS.

YEAH. SO FIRST OF ALL, REGARDING JOBS, THIS FACILITY SOMEWHERE, I THINK 50,000 SQUARE FOOT FACILITY, WHICH HAS A SERVICE CAPACITY AND A CHARGING CAPACITY OF OVER 16,000 MILES, WOULD GENERATE ANYWHERE UP TO 50 TO 70 JOBS.

THIS JOB IS, IF I CAN TALK TO WHAT KIND OF JOBS THIS WOULD CREATE.

WE HAVE TECHNICIANS, WE HAVE ASSOCIATES, WE HAVE ENGINEERS WORKING THROUGH OUR CARS.

THESE ARE REALLY SPECIALIZED VEHICLES.

SO, THEY WOULD NEED TO GO TO EXTENSIVE TRAINING PROGRAMS. THEY ARE SENT TO OUR BIGGER FACILITIES WHERE THE CARS ARE BEING MANUFACTURED THROUGH THE FIRST TRAINING PERIOD, WHICH RANGES ANYWHERE FROM A MONTH TO THREE MONTHS.

AND ONCE THEY ARE, THEY HAVE PROCURED THAT KIND OF TRAINING, THEN THEY ARE BROUGHT IN HERE AGAIN, LIKE WHILE WORKING ON THESE VEHICLES, THEY ARE DIRECTLY IN TOUCH WITH OUR TECHNICIANS AND ENGINEERS, MANUFACTURING LINES IN SILICON VALLEY, LEARNING AND JUST BEING UP TO DATE WITH THE CURRENT TECHNOLOGY OF SO, YOU'D MENTIONED CHARGING TOO.

SO, THERE'S I'M NOT IN THE TESLA CLUB, SO I DON'T KNOW HOW IT ALL WORKS, BUT SO THERE'S GOING TO BE LIKE CHARGING STATIONS WHERE IF YOU ALREADY HAVE A TESLA, YOU CAN CHARGE IT UP THERE. OR IS THAT SOMETHING THAT'S KIND OF A FUTURE ADD ON MAYBE OR YEAH, SO WE DO HAVE CHARGING STATIONS AT THIS FACILITY, BUT THOSE WOULD BE LIMITED TO CHARGING THE TESLA VEHICLES ONLY.

AND THEN YOU MENTIONED SOME STORAGE.

SO, ARE WE JUST STORING THE VEHICLES OR ARE THEY IN LIKE THEY'RE NOT IN LIKE CONTAINERIZED BOXES OR ANYTHING? THERE'S NOT GOING TO BE LIKE SHIPPING CONTAINERS. ALL RIGHT.

SO I JUST WANTED TO MAKE SURE BY STORAGE WE JUST MEAN PARKING STALLS FILLED UP WITH CARS.

OKAY. LEXIN DO WE DISTINGUISH BETWEEN STORAGE AND PARKING AS TWO SEPARATE ITEMS? YES, WE DO. OKAY.

SO WHEN WE'RE CALCULATING THE DEVIATION, THE STORAGE MAKES IT SO WE'RE NOT GOING OVER THE 20%. IT SEEMS LIKE A LOT OF PARKING.

YES. SO THE THE DEVIATION WAS BASED PURELY ON THE RETAIL PARKING SPACES, THE 206.

AND THEY WERE PROVIDING 165, WHICH IS RIGHT AT 20% UNDER THE AMOUNT OF REQUIRED PARKING.

SO WE DON'T COUNT THE 129 PARKING SPACES TOWARD THEIR PARKING REQUIREMENT BECAUSE THEY

[01:40:02]

ARE GOING TO MARK THEM ON THEIR SITE LIKE THEY'RE NOT FOR RETAIL PARKING.

THEY'RE THEY'RE STRICTLY FOR THE USE OF THE FACILITY FOR VEHICLES THAT THEY'RE STORING.

AND YOU EXPECT TO HAVE THESE STORAGE SPACES IN USE PRETTY REGULARLY.

YES. OKAY.

SO A LOT OF PARKING.

YEAH. ALL RIGHT. GOOD.

I HOPE SO. SO ARE THERE ANY DIFFERENT FIRE PREVENTION? INSTALLATIONS THAT YOU GUYS DO DIFFERENTLY THAN LIKE A NORMAL BUILDING SINCE THIS IS BATTERY ELECTRIC VEHICLES INSIDE A BUILDING.

WE DESIGN THESE AS PER HAZARD TOOLS.

I DO NOT KNOW THE DETAILS OF WHAT HAZARD TO IS.

WE DO HAVE A FIRE ENGINEER ON OUR TEAM ISSUING THE BASIS OF DESIGN AND WE DO COMPLY WITH THE FIRE REGULATIONS.

NATIONAL FIRE PROTECTION CODE PRETTY EXTENSIVELY.

IS THERE ANY CONCERNS FROM OUR FIRE DEPARTMENT FOR.

[INAUDIBLE] CHIEF.

WHY DON'T YOU COME UP FRONT? WE CAN'T.

CAN'T HEAR YOU VERY WELL.

IT'S A GREAT QUESTION, THOUGH.

GOOD EVENING, SIR. HELLO, MAYOR.

COUNCIL. YEAH.

SO WHEN THIS COMES FROM THIS STAGE TO ACTUAL PLAN REVIEW, WE'LL MAKE SURE THAT IT MEETS ALL OF FLOWER MOUND STANDARDS AND THE FIRE CODE AND THE INTERNATIONAL BUILDING CODE STANDARDS FOR FIRE PROTECTION FOR WHAT WE HAVE TO PROTECT.

RIGHT. AND SO THIS IS GOING TO BE DIFFERENT ELECTRICALLY, OF COURSE, THAN OUR NORMAL BUILDING LOAD AND WILL MAKE SURE THAT SPRINKLERS DESIGNED TO HOLD IT UNTIL WE CAN GET THERE. AND ALSO WITH LITHIUM BATTERY SCARES, WE'RE GOING TO MAKE SURE THAT WE HAVE WHAT WE NEED TO TO BE THERE SO WE CAN MAKE SURE IT'S PROTECTED ADEQUATELY AND THE SURROUNDING BUSINESSES ARE PROTECTED ADEQUATELY.

BUT WE WON'T KNOW THAT, SIR, UNTIL WE GET THE ACTUAL PLANS.

THANK YOU. OKAY. THANKS.

THANKS, CHIEF. MS. DARBY, DO YOU GUYS HAVE ANY MORE QUESTIONS? IS THERE ANYONE ELSE FROM YOUR TEAM THAT NEEDS TO PRESENT? NO. ALL RIGHT. THANK YOU, GUYS, SO MUCH.

ALL RIGHT. THE TIME IS NOW 7:42 AND I'M OPENING THE PUBLIC HEARING FOR ITEM TWO SP 23-0008. I HAVE ONE COMMENT CARD FROM MR. ROGER NEWMAN.

SIR, IF YOU PLEASE COULD COME UP TO THE PODIUM HERE AND STATE YOUR NAME AND ADDRESS AND YOU WILL HAVE THREE MINUTES.

I WAS JUST PULLING UP THE LANDSCAPE PLAN SINCE COUNCIL MEMBER DREW.

THANK YOU, MAYOR AND COUNCIL MEMBERS.

GOOD EVENING. MY NAME IS ROGER NEWMAN.

I LIVE AT 4112 RIVERSIDE DRIVE OVER IN THE RIVERWALK.

I'VE BEEN THERE FOR ABOUT FIVE YEARS AND I'VE ACTUALLY BEEN A TESLA DRIVER FOR THREE YEARS, SO I RECOMMEND APPROVAL OF THIS.

I CURRENTLY HAVE TO GO OVER TO THE TESLA SERVICE CENTER IN PLANO, AND I CAN TELL YOU HAVING TO FIND PARKING OVER THERE IS A PAIN.

SO HAVING A LOT OF PARKING HERE IS A GREAT IDEA AND I SUPPORT THIS FULLY 100%.

SO. APOLOGIZE THAT I WAS OUT OF ORDER EARLIER.

I MIGHT BE A LITTLE OUT OF ORDER RIGHT NOW BECAUSE I FORGOT TO TURN THE SECOND GREEN CARD FOR THE RIVERWALK PICKLEBALL THING.

I SUPPORT THAT TOO.

AND I'M DONE IN LESS THAN A MINUTE.

THAT IS ALL. THANK YOU, MR. NEWMAN. IT'S NOT TOO LATE TO FILL OUT ANOTHER GREEN CARD, THOUGH.

IS THERE ANYONE ELSE IN THE AUDIENCE THAT WISHES TO SPEAK DURING THE PUBLIC HEARING FOR THIS ITEM? PLEASE STAND UP OR RAISE YOUR HAND.

THE PUBLIC HEARING IS CLOSED AT 744.

COUNCIL FOR DISCUSSION.

THANK YOU, COUNCILMEMBER DREW, FOR TAKING MY USUAL TAGLINE ABOUT FIRE PREVENTION.

I APPRECIATE THAT. SO I WAS JUST GOING TO SAY THAT THE KEY ISSUES WHEN WE APPROVE THE SWAP LAST YEAR FOR THE BOAT DEALERSHIP, WE GOT A LOT OF FEEDBACK FROM THE COMMUNITY ABOUT NOISE, A LOT OF FEEDBACK ABOUT EMISSIONS.

THIS OBVIOUSLY ADDRESSES THOSE PROBLEMS AND THERE'S BEEN NO NEGATIVE REACTION FROM THE NEIGHBORS, WHICH IS GREAT.

I'M ON RECORD AS SAYING THAT I THINK GRAY IS A NATURAL COLOR, SO I'M MORE THAN HAPPY TO APPROVE THAT EXCEPTION.

AND THE LAYOUT OF THE WHERE THE BUILDING IS LOCATED, AND THIS IS AN EASY ONE.

SO YEAH, YEAH.

YOU KNOW THAT PARTICULAR AREA DOES NOT HAVE A UNIFIED DESIGN.

I MEAN, FROM THE DISCOUNT TIRE TO THE RACETRACK TO THE, YOU KNOW, CHRISTIAN BROTHERS TO THE VALVOLINE, THEY'RE ALL DIFFERENT.

SO, I DON'T SEE A PROBLEM WITH IT.

[01:45:01]

AND THERE'S MORE RED ON THOSE OTHER AWNINGS, ESPECIALLY WHEN YOU LOOK AT THE DIRECTION OF THE FACADE AND WHERE THE OVERHANG OR THE CANOPY IS.

IT'S MOSTLY FACING WEST, IF I RECALL.

SO IT WOULD BE VERY HARD TO EVEN SEE FROM THE STREET.

TOMMY, DO YOU KNOW IF WE HAVE A PLAN TO ADDRESS SOME OF THE COLORS THAT WE TALKED ABOUT BEFORE AS FAR AS LIKE ACTUALLY HAVING PANTONE COLORS OR I WOULD JUST TRY TO ENCOURAGE THE STAFF FOR LEXIN JUST, YOU KNOW, GO AROUND AND IDENTIFY SORT OF THE DARKEST GRAYS THAT HAVE BEEN APPROVED.

AND THEN WE SORT OF DON'T GO DARKER THAN THE DARKEST GRAYS UNTIL WE CAN COME UP WITH SOME KIND OF ACTUAL NUMBER OF A COLOR.

NOT NECESSARILY SAYING THAT APPLICANTS HAVE TO BRING IN LIKE A SWATCH OR ANYTHING, BUT STAFF IS WORKING ON ON THAT.

WE PLAN TO BRING IT FORWARD TO P AND Z FOR A WORK SESSION EITHER IN OF AUGUST OR BEGINNING OF SEPTEMBER. WHAT WE THE MODEL WE HAVE RIGHT NOW KIND OF SHOWS IT SHOWS THE VARIETY OF RANGES THAT WOULD FALL WITHIN WHAT WE BELIEVE ARE EARTH TONE.

SO, I THINK IT IS A USABLE MODEL THAT WE'RE PROPOSING TO BRING FORWARD.

COUNCIL ANY OTHER DISCUSSIONS? NOPE. WITH. WITH THAT, I'LL ENTERTAIN A MOTION.

WANT TO DO IT. MOVE APPROVAL OF SP 20 3-0008 TESLA AS PRESENTED.

SECOND. THERESA.

WE HAVE A MOTION AND TWO SECONDS.

DEPUTY MAYOR PRO TEM MARTIN AYE.

MAYOR PRO TEM ENGEL AYE.

AND COUNCIL MEMBER SCHIESTEL, AYE.

ITEM 220 3-0008 TESLA FLOWER MOUND IS APPROVED BY UNANIMOUS VOTE.

WELCOME TO FLOWER MOUND.

AND WITH THAT, WE'LL BE MOVING ON TO ITEM NUMBER THREE.

SUP? 20 2-000 FOR RIVERWALK PICKLEBALL COURTS AND ONCE AGAIN, LEADING US OFF.

[K3. SUP22-0004 – River Walk Pickle Ball Courts]

IS MISS LEXIN MURPHY.

SORRY, IT THREW ME OFF. YOUR NAME WASN'T THERE, BUT.

THANK YOU, MAYOR.

AS MENTIONED, THIS IS A SPECIFIC USE PERMIT REQUEST FOR OUTDOOR RECREATION IS THE USE HERE IS THE GENERAL LOCATION OF THE PROPERTY.

HERE IS A MORE DETAILED LOCATION.

SO AGAIN, WHAT IS BEING PROPOSED IS TO PUT PICKLEBALL COURTS ON TOP OF THE EXISTING PODIUM PARKING GARAGE WITHIN THE RIVERWALK.

THE LAND USE FOR THIS PROPERTY IS MIXED USE AND THE ZONING IS A CENTRAL BUSINESS DISTRICT. THAT'S THE RIVERWALK ZONING.

HERE IS THE SCP EXHIBIT.

SO THIS SHOWS YOU WHERE THEY'RE PROPOSING TO STRIPE THE 12 PICKLEBALL COURTS.

AND THIS IS JUST A MORE CLOSE UP VIEW HERE.

ONE OF THE QUESTIONS THAT CAME UP DURING THE P AND Z MEETING WAS WHETHER THE COURTS WOULD BE STRIPED IN A DIFFERENT COLOR SO AS TO BE ABLE TO TELL THE DIFFERENCE BETWEEN THE PARKING LINES AND THE COURTS.

AND SO THE APPLICANT DID UPDATE THIS EXHIBIT WITH THE BLUE COLOR AND SAID THIS IS THIS WILL HOW IT IS, HOW IT WILL APPEAR.

THERE ARE SEVEN CONDITIONS THAT ARE ON THE ORDINANCE THAT'S BEFORE COUNCIL.

FIRST IS THERE SHALL BE NO MORE THAN 12 PICKLEBALL COURTS PAINTED ON THE UPPER LEVEL OF THE PODIUM. PARKING.

THE ENTIRE UPPER LEVEL WILL BE CLOSED OFF DURING COURT.

USE NO OUTDOOR STORAGE OF PICKLEBALL EQUIPMENT.

THE GATES SHALL BE EQUIPPED WITH KNOCKS PADLOCKS FOR EMERGENCY ACCESS.

THAT WAS PER FIH'S REQUEST.

HOURS OF OPERATION FOR COURT USE WILL BE MONDAY TO FRIDAY FROM 10 TO 6, TUESDAY, WEDNESDAY AND THURSDAY FROM 6 TO 9.

AND THEN SATURDAY AND SUNDAY FROM 10 TO 4.

THE WAY THAT THEY IDENTIFIED THESE TIMES WAS BASED ON THE MIXED USE PARKING CALCULATION WITHIN THE RIVERWALK ORDINANCE, STATING THAT WITHIN THESE TIMES THERE WAS ONLY REALLY ABOUT 50% OF REQUIRED OF THE NORMAL PARKING FOR THE RESTAURANTS.

SO THAT'S WHY THEY THOUGHT IT COULD HANDLE THE THE ADDITIONAL USE AT THAT TIME, THE USE OF TEMPORARY LIGHTING FOR THE PICKLEBALL COURTS, OUTDOOR SPEAKERS AND ANY SEATING INSTALLATION IS PROHIBITED.

AND THEN LASTLY, THIS WOULD BE SUBJECT TO THE AUTOMATIC RENEWAL PROCESS THAT THE TOWN HAS CREATED FOR SPECIFIC USE PERMITS.

SO AFTER THE FIRST YEAR, STAFF WOULD REVIEW WHETHER THERE HAD BEEN A NUMBER OF COMPLAINTS FROM NEARBY RESIDENTS OR IF THERE HAD BEEN REPORTS TO POLICE ANYTHING LIKE THAT, TRAFFIC INCIDENTS, THOSE WERE THE KINDS OF THINGS THAT WOULD BE REVIEWED BY STAFF.

WE WOULD ALSO SEND NOTICES TO ALL SURROUNDING PROPERTY OWNERS WITHIN 200FT, SAME AS YOU WOULD WITH A NEW ZONING REQUEST, AND JUST LET THEM KNOW THAT THIS WAS UP FOR AUTOMATIC RENEWAL.

AND IF THEY HAD ANY CONCERNS, THEY SHOULD LET THE TOWN KNOW.

IF THERE ARE NO CONCERNS, THEN IT WOULD JUST BE APPROVED AUTOMATICALLY WITHOUT HAVING TO GO COME BACK BEFORE P AND Z OR COUNCIL.

BUT IF THERE WERE ANY CONCERNS, THEN IT WOULD GIVE AN OPPORTUNITY FOR IT TO BE RECONSIDERED. AND THEN FOLLOWING THE ONE YEAR AUTOMATIC RENEWAL AFTER THAT, IT WOULD OCCUR EVERY TWO YEARS.

[01:50:02]

SO LEXIN ON THAT 0.7 IF SEVERAL YEARS DOWN THE ROAD, SOME OF THE OTHER PUBLIC AMENITIES HAVE BEEN BUILT AND THE RIVERWALK IS VERY SUCCESSFUL AT THAT TIME AND PARKING DOES BEGIN TO BECOME A PROBLEM, WOULD THAT PROCESS ALLOW US TO THEN RECAPTURE THAT? YES, BECAUSE PRESUMABLY IF IT WAS A PROBLEM, WE WOULD BE RECEIVING COMPLAINTS FROM PEOPLE ABOUT HOW THERE WAS NO PARKING BECAUSE THEY'RE TRYING TO PARK THERE AND THERE'S PEOPLE PLAYING PICKLEBALL.

YOU KNOW, I WOULD THINK IT WOULD ALSO BE THE THE PROPERTY OWNERS OF THE RETAIL DEVELOPMENT, YOU KNOW, THAT WOULD IT WOULD ALSO BE THEIR GOAL TO HAVE THEIR TO HAVE ENOUGH PARKING FOR THEIR USES AND TO HAVE THAT FULLY UTILIZED.

SO I THINK THE HOPE WOULD BE THAT WOULD JUST ADDRESS ITSELF.

BUT YES, IF IF THERE WAS JUST, YOU KNOW, A WHOLE LOT OF ACTIVITY GOING ON AND THERE WAS NO PARKING, THEN PEOPLE WOULD BE COMPLAINING TO THE TOWN.

AND THAT WOULD AGAIN, BE SOMETHING THAT COULD BE USED TO SAY, LET'S LET'S TAKE A CLOSER LOOK AT THIS.

RIGHT. THIS MIGHT BE A QUESTION MORE FOR THE APPLICANT, BUT I NOTICED THAT THE HOURS WILL EXTEND AFTER DARK IN NON-SUMMER SEASON AND IT SAYS NO TEMPORARY LIGHTING.

SO THE LIGHTING DURING THOSE HOURS.

I KNOW THERE ARE LIGHT POLES ON TOP OF THE GARAGE.

HAS ANYONE LOOKED AT THIS SUFFICIENT? YEAH, THAT WOULD BE A QUESTION FOR THE APPLICANT.

YOU KNOW, I DON'T KNOW IF THEY'RE PLANNING TO USE IT IN EVEN THOUGH EVEN THOUGH IT'S POSSIBLE TO HAVE IT IN THOSE HOURS, IF THEY WOULD ACTUALLY BE PLANNING TO UTILIZE IT AT THAT TIME OR IF THEY'RE THINKING THAT THE EXISTING LIGHTING ON THE GARAGE IS ADEQUATE, I'M NOT SURE THAT WOULD BE A QUESTION FOR THEM.

FROM THE TOWN'S PERSPECTIVE, YOU'RE NOT ALLOWED TO HAVE TEMPORARY LIGHTING SET UP, SO. THANKS.

HERE'S SOME IMAGES FROM THE SITE.

SO THIS IS LOOKING SOUTH DOWN THE PODIUM, PARKING SECOND FLOOR.

THIS IS ALSO LOOKING SOUTH ON THE OTHER SIDE.

WHERE IT'S ADJACENT TO STREET.

AND SO HERE AGAIN IS THAT STREET SIDE VIEW.

AND THIS IS LOOKING NORTH.

UP THE OTHER SIDE, THE ALLEY.

AGAIN, HERE IS THE SCP EXHIBIT AND I'D BE HAPPY TO ANSWER ANY OTHER QUESTIONS.

AND THE APPLICANT DOES HAVE A PRESENTATION.

THANK YOU, MA'AM. COUNCIL QUESTIONS FOR STAFF.

ARE THERE ANY CASES WHERE WE DO A SUB RENEWAL SOONER THAN A YEAR? LIKE SIX MONTHS? NO.

WE'VE ACTUALLY NEVER TAKEN ONE FORWARD.

THIS IS KIND OF A NEW THING THAT CAME ABOUT WHEN WE CREATED THE EXTENDED STAY HOTEL USE AND WE HAVE ONLY COUNCIL HAS ONLY PLACED THE AUTOMATIC RENEWAL PROVISION ON ONE OTHER PROPERTY OR PROJECT THAT WAS, I BELIEVE, FOR THE THE AUTO DEALERSHIP.

THEY WANTED TO ADD THE ABILITY TO SELL BOATS.

AND SO WE DID PUT A RENEWAL ON THAT, BUT IT WAS AT FIVE YEARS, SO WE HAVEN'T COME UP ON THAT YET TO TO HAVE ANY KIND OF KNOWLEDGE OF HOW THE PROCESS WENT YET.

THANK YOU. COUNCIL.

ANY OTHER QUESTIONS FOR STAFF? THANK YOU, LEXIN.

ALL RIGHT. WE'LL HAVE AN APPLICANT PRESENTATION FROM MS..

RANDY RIVERA OF MCADAMS AND MR. GREG RITZ FROM RIVERWALK FAB.

ALL RIGHT. THANK YOU. GOOD EVENING AND WELCOME BACK.

THANK YOU. GOOD EVENING.

MAYOR COUNCIL RANDY RIVERA, LAND PLANNER FOR MCADAMS, WON 11 HILLSIDE DRIVE IN LEWISVILLE.

AND TONIGHT, I HAVE MR. MICHAEL BEATTY. GREG WAS NOT ABLE TO BE HERE.

AND ALSO ONE OF OUR ENGINEERING TECHNICIANS, BILL SIKORA, ALSO WORKED ON THIS, AS WELL AS SOME COMMUNITY MEMBERS.

SO. I THINK I'VE MET WITH EACH OF YOU ALL INDIVIDUALLY AT SOME POINT IN OUR PASSING THROUGHOUT THE LAST SEVERAL YEARS.

AND SOMEHOW THE CONVERSATION ALWAYS KIND OF GOT AROUND PICKLEBALL AND HOW POPULAR THE SPORT IS GROWING AND THE DEMAND.

AND WE KNOW IN OUR COMMUNITY WE HAVE A LOT OF ENTHUSIASTS THAT WANT TO PLAY AND THERE ARE OPPORTUNITIES FOR THEM TO PLAY, BUT THERE'S STILL A SHORTAGE OF THESE COURTS.

AND SO LAST YEAR, MICHAEL BEATTY AND GREG HAD A GREAT IDEA OF OF BEING ABLE TO PROVIDE FOR THAT USE FOR OUR COMMUNITY IN AN UNDERUTILIZED SPACE.

BUT THAT WOULD ALSO HELP BRING IN MORE FOOT TRAFFIC FOR THE RESTAURANTS.

SO I THINK IT'S JUST A WIN ALL THE WAY AROUND FOR ALL OF US.

AND SO I WANTED TO WALK THROUGH SOME OF THAT, WORKING WITH POORNIMA AND LEXIN THROUGH THE DETAILS AND THE CONDITIONS.

WE WE WALKED THROUGH THAT DURING P AND Z AS WELL.

AND WE ARE IN SUPPORT WITH ALL THE CONDITIONS.

WE HAD A QUESTION ON THAT LAST ONE DURING P AND Z.

WEREN'T SURE REALLY WHAT METRICS WOULD BE USED TO DETERMINE IF WE COULDN'T RENEW.

AND THAT WAS CLARIFIED SO THAT WE APPRECIATED THAT.

SO AGAIN, WE'RE WE'RE IN AGREEMENT WITH ALL THE CONDITIONS.

I JUST WANT TO WALK THROUGH A FEW THINGS.

[01:55:01]

AND SHE TALKED ABOUT I'M GLAD WE CLARIFIED THAT THE COURTS WOULD BE BLUE.

AND THEN MRS. MARTIN, TO ANSWER YOUR QUESTION ABOUT THE LIGHTING, YES, WE'RE NOT PROPOSING ANY ADDITIONAL LIGHTING.

AND SO IF THE PLAYERS DIDN'T FEEL LIKE THERE WAS ADEQUATE, THEY PROBABLY WOULDN'T WANT TO BE ABLE TO THEY PROBABLY WOULDN'T BE ABLE TO PLAY IF THEY DIDN'T FEEL LIKE THERE WAS ADEQUATE LIGHTING. SO I THINK IT JUST DEPENDS ON HOW COMFORTABLE THEY ARE UP THERE DURING THAT TIME.

AND SO IT COULD BE IN THE WINTER OR THE MONTHS WHERE THE SUN SETS SOONER THAT IT'S LIMITED. BUT THAT MIGHT WORK ITSELF OUT ANYWAY BECAUSE ONCE THE MOMENTUM BUILDS WITH THESE COURTS AND THE GOAL THAT THE IS TO SUPPORT THE RESTAURANTS IN THE COMMUNITY FIRST AND FOREMOST.

SO WE LOOK AT THE COURTS AS AN ACCESSORY, ANCILLARY USE TO THE RESTAURANTS.

THE RESTAURANTS ARE THE PRIMARY USE AND THE PARKING THAT NEED IS NEEDED FOR THE RESTAURANTS. ON THIS UPPER LEVEL DECK, THERE ARE 147 PARKING SPACES.

THE ENTIRE DECK WOULD BE CLOSED.

PEOPLE COULD PARK ON THE LOWER LEVEL.

THERE'S 158 SPACES DOWN THERE.

THEY COULD PARK ON THE STREET, WHICH I THINK THERE'S ABOUT 51 OR SO THERE.

AND THEN THE RIVERWALK ORDINANCE ALSO ALLOWS PARKING WITHIN A 500 FOOT RADIUS, AND THERE ARE 200 SPACES WITHIN THAT RADIUS THAT WE COULD USE.

SO WE HOPE THAT AT SOME POINT IN THE FUTURE, THE PARKING JUST THE MOMENTUM BUILDS AND THE COURTS WOULD THEN BE TRANSITIONED OUT.

SO IT'S A VERY GOOD INTERIM USE FOR ALL OF US.

SO PICKLEBALL AND TENNIS, I THINK WE ALL UNDERSTAND THE DIFFERENCE.

AND I HAVE THE SUPPLIES HERE IF WE WANT TO DEMONSTRATE ANY OF THAT.

BUT JUST HOW DOES IT HOW WILL THE PICKLEBALL REACT ON THE CONCRETE? AND IT IS OUTDOORS.

IT'S IN THE ELEMENTS. SO YOU'VE GOT TO MAKE THAT JUDGMENT AS A PLAYER WHETHER OR NOT YOU WANT TO PARTICIPATE IN A GAME.

BUT THE REGULATIONS IN THIS SUP WILL REQUIRE THAT PROSPECTIVE PLAYER WOULD HAVE TO GO DOWN TO THE RESTAURANTS, SIGN UP AND RENT A COURT FOR A MINIMAL FEE.

I WAS TOLD IT WOULD BE A DOLLAR OR SO.

THEY HAVE TO BRING THEIR EQUIPMENT, THEIR CHAIRS, WHATEVER ELSE THAT THEY NEED TEMPORARILY TO SUPPORT WHILE THEY'RE PLAYING.

BUT THEY CAN'T JUST APPEAR ON THE COURTS AND START PLAYING WITHOUT SIGNING IN AT THE RESTAURANTS. AND THAT WILL BE MANAGED BY THE RESTAURANT MANAGEMENT AND EMPLOYEES TO CHECK ON THAT DURING THOSE HOURS.

SO THE THE GATES WILL BE CLOSED.

PHYSICALLY, THERE'S NOT THEY'RE NOT ELECTRONIC.

THEY'LL BE MANNED, YOU KNOW, CLOSED, AND THEN THEY'LL GO BACK TO THE RESTAURANTS.

AND SO THE HAVE THE PICKLEBALL ON THE CONCRETE, YOU KNOW, AND THE AND THE OUTDOOR ELEMENTS, WHAT WILL THAT BE LIKE? AND I DID A FEW VIDEOS.

I WANTED TO KIND OF SHOW YOU WHAT WHAT THAT LOOKS AND SOUNDS LIKE.

BUT SOME EXAMPLES THROUGHOUT THE COUNTRY, YOU KNOW, PICKLEBALL IN SUCH DEMAND, PEOPLE ARE GETTING VERY INNOVATIVE AND TURNING IN THESE SPACES, POPPING UP A COURT WHEREVER.

I THINK IT'S REALLY INTERESTING.

BUT THE UPPER DECK IS LINED WITH A 42 INCH WALL.

THERE'S ONE OF OUR PLANNING EMPLOYEES.

SHE'S FIVE EIGHT, JUST KIND OF WHAT THAT LOOKS LIKE.

AND MY HER AND OR ANOTHER TEAMMATE WENT OUT THERE ONE DAY AND WAS TRYING TRYING TO HIT THE BALL AS HARD AS THEY COULD AND JUST KIND OF LOOKING AT THE TRAJECTORY VELOCITY OF THE BALL WILL MAKE ITS WAY OVER THIS 42 INCH.

THAT'S IT COULD HAPPEN DEPENDING ON HOW HARD SOMEONE HITS IT.

BUT AGAIN, THE BALL IS SO LIGHT THAT WE'RE NOT CONCERNED.

WITH IT. IF IT DOES GO OVER THE BALL INTO THE THE SIDEWALK OR THE PLANTING STRIP HERE, THEN THEY GO RETRIEVE IT.

I THINK SOME OF US HAVE PLAYED AND KNOW THAT I SPENT A LOT OF TIME RETRIEVING WHEN I PLAY BECAUSE I'M JUST STILL STILL LEARNING.

AND THEN ONE MORE JUST WATCHING THEM KIND OF PLAY AND WHAT THAT WOULD LOOK LIKE.

YOU KNOW, THEY'RE TAKING UP THE PARKING SPACES NORTH OR SOUTH OR EAST TO WEST AND THE THE DIRECTION THAT THE COURTS WOULD BE FACING.

BUT AGAIN, THAT'S KIND OF WHAT THAT WOULD LOOK LIKE AND WHAT WE COULD EXPECT TO HEAR AND SEE AS PEOPLE START USING THE COURTS.

AND I THINK WE HAVE OUR FIRST GROUP THAT'S READY TO SIGN UP AND IT MIGHT BE SOME MCADAMS EMPLOYEES OUT THERE FIRST TO OUR YOUNG PROFESSIONALS GROUP IS REALLY EXCITED TO BE ABLE TO GO OUT THERE AND START PLAYING AND SUPPORT THE RESTAURANTS.

SO WITH THAT, THAT CONCLUDES MY PRESENTATION.

I WOULD BE HAPPY TO ANSWER ANY QUESTIONS FROM COUNCIL, ME OR MR. BEATTY AS WELL.

RANDY, WHAT IMPROVEMENTS ARE PLANNED FOR THE SURFACE OF THE PARKING LOT? FOR TO TO BE ABLE TO USE IT FOR COURTS.

IT WOULD JUST BE PAINTING THE STRIPING FOR THE OUTLINE OF THE COURTS.

BUT SO NO PLAN TO ADDRESS THE EXPANSION JOINTS THAT THAT IS AN ONGOING THING WITH MR. BEATTY AND GREG THAT THEY THEY'RE ADDRESSING THAT AND THEY CAN HE CAN SPEAK TO THAT.

[02:00:04]

I'M NOT EXACTLY SURE WHAT'S BEING DONE EXACTLY.

I KNOW THAT THEY HAD HAD A CONVERSATION, BUT I'M NOT SURE ABOUT THE I WOULD LIKE TO HEAR ABOUT THAT BECAUSE THAT IS A BIG CONCERN FOR ME.

OKAY. ARE THEY ABLE TO DISCUSS THAT TONIGHT? LET ME LET ME CHECK, MR. BEATTY. YES.

GOOD EVENING, MICHAEL BEATTIE. 4110 RIVERWALK DRIVE.

THE EXPANSION JOINTS BEEN REPLACED TWICE SO FAR.

WE'RE USING A DIFFERENT MEMBRANE THIS TIME.

IT'S LIKE AN UPSIDE DOWN U THAT FILLS THE CRACK BETTER COURTS WILL NOT BE PLACED OVER THE EXPANSION JOINT.

WELL, EVEN IN IMMEDIATE PROXIMITY TO A COURT, IT'S VERY, VERY COMMON FOR PLAYERS TO NOT BE ONLY INSIDE THE COURT.

AND SO WHEN I VISITED THE SITE, I WENT AROUND A COUPLE OF TIMES.

THERE ARE THREE PRIMARY ONES.

THE LARGEST ONE IS IN THE CENTER.

AND IN MY OPINION, IT'S NOT SUITABLE FOR PLAY IN THAT AREA.

I HAVE A LOT OF OTHER CONCERNS AND KIND OF RELATED TO THAT WOULD BE LIABILITY CONCERNS.

THIS IS A PRIVATELY OWNED PARKING GARAGE.

THERE'S NO LIABILITY TO THE TOWN, NOT TO THE TOWN, TO MY RESIDENTS WHO WILL BE PLAYING THEIR PICKLEBALL.

INJURIES ARE ON THE RISE.

THEY'RE ESTIMATED TO COST BETWEEN 250 AND $500 MILLION IN ONE YEAR.

AND IT'S NOT A MATTER OF IF, BUT IT'S WHEN SOMEONE WILL FALL.

AND ESPECIALLY WITH AN EXPANSION JOINT WHICH PRESENTS A ROUTINE TRIPPING HAZARD, CERTAINLY IN PLAY, IT'LL BE HEIGHTENED.

SO THAT'S ANOTHER CONCERN I HAVE.

AND WHAT PLANS DO YOU HAVE FOR LIABILITY INSURANCE? WHAT ABOUT OUR INSURANCE AGENTS DO SO YOU DON'T KNOW WHAT YOU NEED TO DO TO MITIGATE YOUR EXPOSURES? I'M SORRY THAT I'M NOT AN INSURANCE AGENT, BUT WE WILL HAVE TO LESSEN YOUR EXPOSURE.

YES. SO WHAT KIND OF LIABILITY INSURANCE DO YOU CARRY? WHAT LIMITS DO YOU HAVE? WHATEVER THE INSURANCE AGENT HAS, I DO NOT KNOW.

OFF THE TOP. OKAY. THAT'S SOMETHING I THINK YOU WOULD WANT TO CHECK INTO.

YOU PROBABLY WANT TO HAVE YOUR INSURANCE AGENT AND OR YOUR ATTORNEY TALK ABOUT HOLD HARMLESS AGREEMENTS, WHICH MAY OR MAY NOT EVEN STAND UP.

BUT, YOU KNOW, IN A CASE OF A CONDITION THAT IS NOT REMEDIED AND A KNOWN DEFECT, YOU MAY BE AT GREATER EXPOSURE.

AND I CERTAINLY DON'T WANT PEOPLE GETTING HURT.

ANOTHER SAFETY CONCERN I HAVE ACTUALLY THE PHOTO OP IS SUFFICIENT TO DEMONSTRATE THAT ARE THE LIGHT POLES AND BASED ON THE DIAGRAM OF WHERE THE COURTS ARE.

SUPPOSED TO BE SOME OF THOSE LIGHT POLES COULD COME INTO PLAY FOR PEOPLE PLAYING PICKLEBALL. AND HOW DO YOU PLAN TO PROTECT THOSE CONCRETE STANDARDS THAT THE POLES ARE IN? PROTECT THE CONCRETE.

AND LIKE A BUFFER, YOU KNOW, SO THAT PEOPLE WON'T RUN INTO IT AND GET HURT.

UM, I MEAN, COMMON SENSE, I DON'T KNOW.

NO PLANS. OKAY.

NO PLANS. AND THEN WE TALKED ABOUT THE LIGHTING AFTER DARK.

I DON'T KNOW THAT IT WILL BE SUFFICIENT OR NOT.

AND I THINK LEAVING IT UP TO SOMEONE, WHETHER THEY WANT TO PLAY OR NOT MIGHT ALSO INCREASE YOUR HAZARDS.

I'M ALSO CONCERNED ABOUT THE NOISE.

PICKLEBALL CAN BE LOUD.

SO HAVE RESIDENTS BEEN JUST TALKED TO? I MEAN, HAS ANYONE HAD MEETINGS WITH THE RESIDENTS TO TALK ABOUT THE NOISE LEVELS? I'VE HAD MEETINGS WITH THE RESIDENTS ABOUT PICKLEBALL COURTS, THE PARKING.

I UNDERSTAND THERE ARE 158 SPACES ON THE LOWER DECK.

THE LOWER LEVEL.

BUT IT'S TIGHT.

I MEAN, IF YOU GO ON A SATURDAY NIGHT OR WHENEVER WHEN GUESTS ARE THERE AT THE RESTAURANT, IT'S NOT UNCOMMON TO SEE PEOPLE PARKING IN THE MIDDLE SECTION BECAUSE THEY CAN'T GET INTO ALL THREE SECTIONS WITHIN THE TWO STANDARDS.

SO I'M A LITTLE CONCERNED ABOUT THE PARKING.

ALSO CARRYING YOUR OWN EQUIPMENT.

SO YOU'RE NOT PROVIDING NETS OR NOT.

SO PEOPLE HAVE TO PARK ON THE LOWER LEVEL AND CARRY THEIR EQUIPMENT UP THE STAIRS.

OR THEY COULD PARK ALONG THE STREET IN RIVERWALK DRIVE.

OKAY. WELL, IF YOU HAVE 12 COURTS, THAT'S UP TO 48 PEOPLE COULD PLAY AT ONE TIME.

DOUBLES IS VERY COMMON AND THERE'S 51 SPACES ALONG THE ROAD.

AND ASSUMING NOBODY ELSE WANTS TO PARK THERE FOR ANY OTHER PURPOSE, I ACTUALLY DID HAVE OCCASION TO HEAR A COMPLAINT FROM A RESIDENT NOT RELATED TO THIS, BUT PARKING IN GENERAL IN THE RIVERWALK AREA. THEY ARE NOT HAPPY ABOUT THAT.

SO I JUST OBVIOUSLY DO HAVE A LOT OF CONCERNS.

I DON'T THINK IT'S READY YET FOR PICKLEBALL RIGHT NOW.

I THINK WITH SOME IMPROVEMENTS, I'D BE HAPPY TO TALK TO YOU MORE ABOUT THAT.

BUT MY CONCERNS ARE JUST TOO MUCH ON THE SAFETY SIDE.

ANYBODY ELSE. SO I HAVE A QUESTION.

SO LAST DECEMBER, END OF LAST YEAR, IT WAS ANNOUNCED THAT JASPERS WAS GOING TO COME TO THE RIVERWALK. THAT'S CORRECT.

SO HOW DOES THAT AFFECT YOUR PARKING? BECAUSE IF YOU'RE PARKING SAYS, OH, WE'RE OKAY NOW, BUT PARKING, PARKING FOR JASPERS,

[02:05:04]

OKAY. IN OUR ORDINANCE, IT SPECIFICALLY SAYS THE RESTAURANTS CAN HAVE.

50% OF THEIR PARKING DURING OFF HOURS.

THAT'S WHAT WE BASE THIS WHOLE THING ON.

IT'S LIKE WE HAVE HALF OF A PARKING GARAGE.

AND THE WAY THE ORDINANCE IS WRITTEN THAT YOU ONLY HAVE TO PROVIDE HALF OF THE PARKING FOR THE RESTAURANTS DURING OFF PEAK HOURS, WHICH IS WHY WE HAVE THE SCHEDULE THAT WE DO.

SO I'VE, WE HAD A LUNCH CROWD THAT COMPLETELY FILLED THE 51 SPACES AND THEN THE LOWER LEVEL AND WE HAVE TO QUIT DOING PICKLEBALL.

THAT WOULD BE A VERY HAPPY PERSON.

I GET THAT.

BUT YOU SAID OFF HOURS AND YOU'RE RUNNING TILL 9:00 ON TUESDAY, WEDNESDAY, THURSDAY.

WE'RE ASKING TO DO THAT BECAUSE THOSE ARE THE SLOWEST NIGHTS OF THE WEEK.

THE GARAGE IS ONLY CLOSE TO BEING FULL ON SATURDAYS AND FRIDAY NIGHTS.

THE REST OF IT IS EMPTY. WE'RE NOT GOING TO GET AN OFFICE BUILDING DOWN THERE OFF THE STREET. THERE'S NOT GOING TO BE ANOTHER USE THAT COMES TO FILL THE GARAGE DURING THESE OFF HOURS. SO IS THERE ANY PLAN FOR.

SO WE HAVEN'T REALLY TALKED ABOUT THE THE WEDDING VENUE.

RIGHT. BECAUSE THAT'S NOT UNDER YOUR GUYS'S OPERATION.

BUT THERE IS A WEDDING VENUE THERE AND PEOPLE GET MARRIED IN THE AFTERNOONS AND MID-MORNING. SO ARE WE GOING TO BE ABLE TO WORK WITH THEM TO ADDRESS ANY PARKING ISSUES? BECAUSE I THINK THE THEME THAT I'M HEARING UP HERE IS SAFETY AND PARKING, RIGHT? SO, AGAIN, IF THERE'S A PARKING CONFLICT, THIS IS WHY WE'RE NOT CHARGING ANYTHING TO USE THESE COURTS. WE JUST SAY COURTS CLOSED.

YOU'RE REALLY GOING TO, I THINK, UPSET PEOPLE, THOUGH, IF THEY SHOW UP TO PLAY.

WE WOULDN'T DO IT THAT DAY.

THE PRESENTATION SAID THERE WOULD BE THERE WOULD BE A MEMBERSHIP.

YES, WE HAD. AND AT LEAST A DOLLAR, A COURT, A DOLLAR, A PERSON OR PER COURT PER COURT.

SO THAT WE CAN CONTROL ACCESS.

OKAY. YEAH.

OKAY, MR. DREW, DO YOU HAVE ANY QUESTIONS OR CAN YOU GO TO THE AERIAL VIEW OF THE COURTS? SO, YEAH.

YEAH, THAT ONE. SO WHY ARE WE PUSHING THEM ALL THE WAY TO THE WEST INSTEAD OF MORE TOWARDS THE EAST? THAT IF SOMEONE WAS TO GO OVER THAT WALL FOR SOME REASON TO THE WEST IT'S 42IN TO THE EAST, IT'S 18FT.

YOU'RE TALKING ABOUT PEOPLE GOING OVER THE WALL OR.

YES, SIR. YEAH. BECAUSE MY BIGGEST CONCERN RIGHT NOW IS, WELL, I THINK AND BROUGHT UP A GREAT POINT ABOUT SAFETY. SO SAFETY IS DEFINITELY MY BIGGEST CONCERN RIGHT NOW.

BUT MY OTHER CONCERN IS NOISE.

AND HOW CLOSE ARE THOSE RESIDENTS, THE TOWNHOMES RIGHT THERE, THEY'RE ACROSS THE STREET, BUT HOW CLOSE? 100FT. 80 FOOT.

RIGHT AWAY. 80 FOOT.

OKAY. BECAUSE THAT ABOUT 100FT.

PICKLEBALL IS ABOUT 70 DBA, WHICH IS SIMILAR TO KIND OF LIKE A HIGHWAY NOISE.

AND PICKLEBALL HAS A VERY HIGH FREQUENCY.

SO IT BECOMES A BIG ANNOYANCE.

AND I WAS TALKING TO SOME RESIDENTS IN WELLINGTON THIS THIS PAST WEEKEND AND THEY THEY ADDED SOME PICKLEBALL COURTS TEMPORARY AND THEY WERE HAVING COMPLAINTS BY SOME OF THE SURROUNDING RESIDENTS.

SO I'M JUST A LITTLE A LITTLE CONCERNED ABOUT THAT.

BUT WE DID SEE RECEIVE A LOT OF SUPPORT FROM THOSE RESIDENTS AS WELL.

OKAY. AND THEN MY OTHER QUESTION.

9 P.M.

FOR CLOSING ON TUESDAY, WEDNESDAY, THURSDAY FOR FAMILIES.

THAT'S KIND OF LATE.

IF YOU'VE GOT KIDS AND YOU LIVE RIGHT ON ONE OF THOSE TOWNHOMES AND YOU'RE HEARING PICKLEBALL FOR KIDS, IT JUST SEEMS TOO LATE FOR ME.

YEAH, WELL, I WANTED TO JUMP IN.

SO THOSE TIMES AGAIN, THE TUESDAY, WEDNESDAY AND THURSDAY ARE THE LOWEST TIMES THAT PEOPLE VISIT THE RESTAURANTS.

YEAH. AND THAT IS A LIKE TO HAVE IN CASE THEY DO WANT TO USE THEM ON THOSE NIGHTS TO HAVE THE OPTION OF HAVING THE COURTS FOR THOSE TIME PERIODS ON THOSE THREE NIGHTS BASED ON THE AUTOMATIC RENEWAL AND ALL THE OTHER PROVISIONS AND STANDARDS AND REGULATIONS IN TOWN CODE, WE WOULD STILL BE SUBJECT TO THE NOISE ORDINANCE FOR THE TOWN, AND THAT WOULD GIVE STAFF OR CODE ENFORCEMENT THE OPPORTUNITY TO COME AND LET US KNOW, HEY, YOU'RE VIOLATING THAT, OR IT'S BEING VIOLATED BY HAVING 48 PEOPLE PLAYING AT 7:00 AT NIGHT ON IN SEPTEMBER OR SOMETHING LIKE THAT.

SO WE WOULD RESPOND ACCORDINGLY IF THAT COMES UP.

OKAY. AND IS THERE ANY ISSUE WHAT'S THE IS IT 7 TO 9 RIGHT NOW? IS THE OR IT'S RIGHT HERE.

IT'S MORE THAN 6 TO 9.

SO IS THERE IF WE BROUGHT THAT TO 8 P.M.

TO 8 P.M.

IS A LITTLE BIT MORE REASONABLE FOR PEOPLE WITH KIDS.

WELL, CHRIS. SO WHAT IS THE REST OF OUR PUBLIC, YOU KNOW, ARE WE ABLE TO PLAY TENNIS IN THE PUBLIC COURTS TILL NINE AND THE BASKETBALL COURTS TILL NINE?

[02:10:03]

I JUST DON'T WANT TO I'M JUST CAUTIONING COUNCIL TO OVER REGULATE SOMETHING THAT'S NONSTANDARD TO WITH THE REST OF THE PUBLIC FACILITIES ARE SORT OF OPEN.

ALSO KEEPING IN MIND THAT WE ACTUALLY DID RECEIVE SEVERAL EMAILS FROM RESIDENTS ENCOURAGING US TO TO PUT IN THE PICKLEBALL.

SO WHEREAS I DON'T RECALL SEEING ANY TO THE NEGATIVE, BUT SO WE NEED TO EXCUSE ME, WE NEED TO DOUBLE CHECK AND SEE WHAT THE OPERATIONAL HOURS ARE.

THE PARKS, I DON'T KNOW IF THEY'RE OPEN UNTIL THE PARKS CLOSED.

EXACTLY. OR.

6 TO 10 FOR TENNIS.

THANK YOU, TOMMY. HAVE A GOOD WEBSITE.

I DON'T THINK WE CAN JUST NECESSARILY COMPARE A BASKETBALL COURT WITH A PICKUP GAME TO 48 PEOPLE PLAYING PICKLEBALL.

SO IT'S A DIFFERENT NOISE LEVEL.

AND, YOU KNOW, IT'S A WE DEFINITELY NEED COURTS, HANDS DOWN.

I COMPLETELY AGREE.

BUT I DON'T THINK THIS IS READY FOR PRIME TIME RIGHT NOW IN THE CURRENT STATE WITH THE CURRENT ANSWERS AND THE CURRENT PLAN.

SO DO YOU HAVE QUESTIONS? COUNCILMAN WELL, I'LL JUST ASK RANDY AND MICHAEL, CAN YOU USE THE MOUSE AND SHOW ME WHERE THESE EXPANSION JOINTS ARE ON THIS? IT'S IN THE CENTER.

THE EXACT MIDDLE OF THE GARAGE IS THE BIG ONE.

SO RIGHT THERE'S ONE OF THEM AND IT'S RIGHT IN THE MIDDLE.

KIND OF SPLITS THE TOP FROM THE BOTTOM.

IS THAT RIGHT? YES. OKAY.

AND ONCE HERE I WOULD BE OPEN TO THE IDEA OF TABLING FOR TONIGHT SO YOU CAN HAVE AN OPPORTUNITY TO COME BACK AND ADDRESS SOME OF THE CONCERNS IF YOU'RE OPEN TO THAT.

NO, WE'LL JUST WITHDRAW.

THANK YOU. THANK YOU FOR YOUR CONSIDERATION.

I MEAN, I'M NOT PROPOSING NECESSARILY.

I'M JUST TRYING TO GET FEEDBACK IF.

YEAH. BRANT SO CAN YOU JUST REMIND US IF WE DO, IF THIS IS CALLED TO A VOTE, CAN YOU JUST FOR A POINT OF ORDER, CAN YOU REMIND US JUST HOW THAT WORKS AND, YOU KNOW, FOR THE APPLICANT? AND SO IN TERMS OF IF THERE IS A DENIAL, THEN THE SAME ITEM COULD NOT BE BROUGHT BACK FOR A YEAR.

THAT'S CORRECT. YEAH.

UM. SO DOES COUNCIL WANT TO ENTERTAIN REQUESTING IT TO BE TABLED OR DOES WHAT DOES THE APPLICANT WANT TO DO? YOU'RE OPEN TO THAT, RANDY.

TABLING FOR FURTHER CONSIDERATION, I'D HAVE TO DEFER TO HIM.

I MEAN, AGAIN, THIS IS, YOU KNOW, WE TALKED ABOUT.

IT'S PROVIDING AN INTERIM USE FOR SOMETHING THAT'S UNDERUTILIZED.

ONCE IT BECOMES UTILIZED, THEN THIS USE IS GOING AWAY.

SO INSTALLING BUMPERS AND THINGS LIKE THAT ISN'T NECESSARILY SOMETHING.

THE OWNERSHIP IS WANTING TO DO AT THIS TIME.

IT'S A MINIMAL IMPROVEMENT TO GET PEOPLE TO THE RESTAURANTS, TO GET PEOPLE TO THE RIVERWALK, TO SERVE A NEED IN THE COMMUNITY ON A TEMPORARY BASIS.

AND I THINK INVESTING.

AS YOU KNOW, THESE TYPES OF PERMANENT TYPE OF IMPROVEMENTS ISN'T SOMETHING HE WAS LOOKING INTO DOING, WHETHER IT'S LIGHTING, ADDITIONAL LIGHTING OR AGAIN, THE BUMPERS OR THINGS LIKE THAT. AND I KNOW YOU KNOW, I KNOW IT'S LOUD WHEN YOU PLAY INSIDE AT CHICKEN PICKLE, YOU KNOW, IT GETS PRETTY LOUD IN THERE.

BUT PEOPLE ARE ALSO EATING AND DRINKING.

AND THAT'S NOT THE IDEA HERE.

IT'S MORE TO LIKE YOUR OUTDOOR AREAS.

AND I UNDERSTAND THAT THERE'S, YOU KNOW, COMPLAINTS ALREADY IN WELLINGTON, BUT WE WOULD RESPOND WHEN WE TRUST THE THE CODE TO DO ITS JOB AND TO BE THIS TEMPORARY SERVICE FOR THE COMMUNITY WITHOUT REALLY A WHOLE LOT OF PERMANENT INSTALLATION AND IMPROVEMENTS.

AND SO I WOULD I WOULD REALLY JUST ASK COUNCIL TO CONSIDER GIVING, YOU KNOW, A.

I THINK A VOTE. BECAUSE IF I THINK IF HE DOESN'T IF HE'S NOT ABLE TO DO THIS, THEN HE'S JUST WE'RE JUST NOT IT'S NOT GOING TO HAPPEN.

THERE IS A PUBLIC HEARING.

YEAH. I JUST I WAS JUST TRYING TO GET TO THE FACT IF WE WERE GOING TO MOVE ON OR NOT BEFORE WE GET TO THE PUBLIC HEARING.

BUT IF COUNCIL WANTS TO HAVE THE PUBLIC HEARING AND HEAR FROM THE PUBLIC AND THEN AND THEN WE CAN HAVE A DELIBERATION AFTER WE CAN DO THAT.

YEAH. ALL RIGHT. THANK YOU, RANDY.

DOES COUNCIL HAVE ANY MORE QUESTIONS OR ARE WE READY TO MOVE ON? ALL RIGHT. SO THE TIME IS NOW.

814 AND I'M OPENING THE PUBLIC HEARING FOR ITEM THREE F.SUPP.

20 2-0004 RIVERWALK PICKLEBALL COURTS.

AND FOR THE RECORD, WE HAVE TEN NON-SPEAKING CARDS, ALL IN SUPPORT OF THE PICKLEBALL COURTS. AND THOSE NAMES AND EMAILS AND ADDRESSES WILL BE ENTERED INTO THE RECORD.

WE HAVE TWO SPEAKING CARDS.

WE'LL START WITH MISTER ROGER NEWMAN.

WELCOME BACK, SIR. PLEASE REMEMBER TO STATE YOUR NAME AND ADDRESS AND YOU WILL HAVE THREE MINUTES. MAYOR, COUNCIL MEMBERS, ONCE AGAIN, THANK YOU FOR YOUR TIME.

I'M ROGER NEWMAN. I LIVE AT 4112 RIVER RIVERWALK DRIVE.

I'M RIGHT IN THE RIVERSIDE.

SO I SUPPORT THIS INITIATIVE, AS I SAID BEFORE.

[02:15:02]

AND SIR, YOU WERE EXACTLY RIGHT.

THERE WAS TIME FOR ANOTHER GREEN CARD.

I THINK THE CONCERNS ARE VALID.

THAT SAID, I THINK THAT WE CAN MAKE THIS ALL WORK, SO I'M STILL IN SUPPORT OF IT.

I'VE RECENTLY LEARNED TO PLAY PICKLEBALL.

I LIKE PICKLEBALL.

I LIVE IN THE RIVERWALK.

GRANTED, I LIVE ON THE RESTAURANT RIVERSIDE, NOT THE PARKING LOT SIDE.

BUT WHEN IT COMES TO, YOU KNOW, NOISE CONCERNS, I LISTEN TO THE BANDS ON FRIDAY AND SATURDAY NIGHT, WHETHER I'M AT HOME OR NOT AT HOME, I'M AT THE RIVERWALK OR I'M AT MY HOUSE. THAT'S MY POINT.

THEY SHUT OFF AT 10:00.

OKAY. THAT'S WHAT THE TOWN NOISE ORDINANCE SAYS.

IF IT'S 10:00, THE ANSWER OR IF IT'S 9:00 THE ANSWER ON A WEEKNIGHT, THAT'S THE ANSWER.

AND I THINK AS LONG AS THE PROPONENTS ARE FOLLOWING THE SOUND CODES FOR THE CITY, THAT THERE SHOULD BE NO PROBLEM THERE.

GOT NOTHING MORE TO SAY. THANK YOU VERY MUCH.

THANK YOU, MR. NEWMAN.

NEXT IS MR. DANIEL.

I CAN NEVER PRONOUNCE YOUR LAST NAME EITHER.

IN ICU. SO.

MERALD. LIKE.

I JUST WANT TO ADD AN EYE IN THERE, SIR.

I APOLOGIZE. HAROLD WITH AN M, DANIEL MERRILL, 3 TO 4, LOMA ALTA DRIVE.

BASICALLY, PICKLEBALL STARTED IN 1960.

I'M NOT GOING TO GO THROUGH ALL THAT, BUT BASICALLY IT IS NOW.

KIDS USED TO PLAY STREET HOCKEY OR FOOTBALL IN THE STREET, AND I'VE SEEN PICKLEBALL PLAYED IN THE STREET.

THAT IS DEFINITELY NOT SAFE, SAYING PLAY MOTION AND HOPING THE TESLA DOESN'T FLY BY AND HIT YOU IS IS DEFINITELY NOT SAFE.

HAVING A DESIGNATED AREA IN WHERE IS THIS? OH THE RIVERWALK.

AND NOW I'VE I'VE LIVED HERE A LONG TIME.

I'M EXCITED TO SEE THIS.

I PLAY PICKLEBALL A LOT RIGHT NOW.

I PAY ABOUT $48 JUST TO PLAY A CHICKEN AND PICKLE AND DRIVE 21 MILES AWAY.

IF YOU JOIN SOME FORM OF CLUB, THEN IF THERE'S A WEDDING GOING ON, AN EMAIL WILL GO OUT TO THE MEMBERS AND SAY, HEY, COURTS ARE CLOSED, NO HARM, NO FOUL.

AT LEAST WE HAD A PLACE TO PLAY AT ONE TIME.

IF THERE'S 48 PEOPLE PLAYING PICKLEBALL, THAT IS A FANTASTIC THING BECAUSE THAT MEANS THERE'S 48 MORE PEOPLE THAT KNOW ABOUT THE RIVERWALK.

UM, I WILL ACTUALLY BE USING THESE COURTS WHEN THEY'RE PUT IN PLACE.

I HAVE OVER $1,000 WORTH OF EQUIPMENT BECAUSE I SPEND WAY TOO MUCH MONEY AND I WILL ACTUALLY BE GOING TO THE RESTAURANTS AFTERWARDS.

SO. I HAVE HAD MY FAIR SHARE OF SPORTS INJURIES, SELF-INFLICTED OR NOT.

UNFORTUNATELY, LIFE IS NOT SAFE.

I DO UNDERSTAND AND APPRECIATE THAT IT IS Y'ALL'S RESPONSIBILITY TO HELP US WITH THAT SAFETY. BUT.

SPORTS ARE DANGEROUS, BUT THEY'RE FUN.

AND THAT'S WHAT WE DO.

AND WITH THIS IMPROVEMENT.

WHETHER IT'S TEMPORARY OR WE EVENTUALLY HAVE OTHER PICKLEBALL AREAS.

I AM STRONGLY IN FAVOR OF IT AND I KNOW A LOT OF PEOPLE THAT ARE AND I'M LOOKING FORWARD TO HELPING THIS GO TOWARDS WHAT WE ARE AS FLOWER MOUND AND BRING PEOPLE TOGETHER AND CREATING AN OPPORTUNITY WHERE I MIGHT BE ABLE TO MEET SOME MORE PEOPLE AND PLAY PICKLEBALL. IT'S 8 TO 80 AND.

THANK YOU VERY MUCH. I'M USED TO THE TWO MINUTES, NOT THE THREE.

NOW, IF YOU BUILD IT, THEY WILL COME.

THANK YOU, SIR.

THERESA, DO WE HAVE ANY MORE COMMENT CARDS? I DO. KELLY MURRAY.

GOOD EVENING, MA'AM. KELLY MURRAY AT 2821 CAPE BRETT DRIVE FLOWER MOUND.

I'M SORRY, I WAS A LATE ENTRY.

I JUST WANTED TO COME UP.

THERE WAS ONE THING THAT WASN'T ADDRESSED WHEN MICHAEL CAME UP, AND THAT IS THERE IS A WAIVER THAT THEY'RE GOING TO MAKE EVERYONE SIGN.

SO I THINK I TOTALLY UNDERSTAND THE SAFETY ASPECT AND OBVIOUSLY WANTING TO KEEP THE TOWN FREE AND CLEAR FROM ALL OF THAT.

BUT I KNOW THEIR ATTORNEY IS WORKING ON THE WAIVER THAT WOULD KEEP THE SAFETY ASPECT, AND I THINK THAT'S REALLY IMPORTANT FOR COUNCIL TO KNOW.

I ALSO AM A MOTHER OF AN AVID PICKLEBALL PLAYER, AND I DO SEE HER RIGHT NOW.

I MEAN, IT'S SCARY. THEY'RE GOING THEY'RE PLAYING IN THE STREETS.

THEY'RE PLAYING ANYWHERE THEY CAN.

I KNOW WE'RE ACTUALLY WELLINGTON RESIDENTS AND WE CAN'T EVEN GET A PICKLEBALL COURT UNTIL THE END OF AUGUST.

AND THAT'S REALLY SAD.

YOU KNOW, IT'S REALLY HARD TO GET KIDS OUTSIDE NOWADAYS.

SO FOR, YOU KNOW, MY DAUGHTER AND MY KIDS TO ACTUALLY HAVE SOMETHING THAT THEY'RE PASSIONATE ABOUT THAT GETS THEM OUTSIDE HAS BEEN VERY EXCITING FOR ME.

BUT THEN TO HAVE SOMETHING WHERE WE CAN'T ACTUALLY GET THEM TO PLAY BECAUSE THERE'S NOT ENOUGH COURTS IS KIND OF A DOWNSIDE.

THE OTHER THING I DO HELP THEM AT THE RIVERWALK, SO I REALLY SEE THIS AS A WIN WIN.

AS YOU KNOW, THE RIVERWALK HAS STRUGGLED.

THERE'S A LOT OF PEOPLE THAT DON'T EVEN KNOW EVERYTHING IS THERE.

I THINK THIS IS A GREAT OPPORTUNITY TO BRING PEOPLE TOGETHER TO ALSO HAVE SOMETHING FOR THE RIVERWALK TO ATTRACT PEOPLE THERE.

ON THE WEBSITE WE WILL HAVE SOMETHING WHERE YOU CAN RESERVE YOUR COURT.

SO IF THERE'S AN EVENT, WE'LL ACTUALLY HAVE A WAY TO POST, YOU KNOW, IF THERE'S A WEDDING

[02:20:02]

GOING ON OR IF THERE'S THE DUCK DERBY COMING FOR ROTARY.

I MEAN, WE'RE ADDRESSING ALL THESE CONCERNS WITH THE PUBLIC AND WE'RE ALSO USING THE LOCAL MEDIA.

WE'LL HAVE ADS, WE'LL HAVE EVERYTHING GOING OUT TO KIND OF SUPPORT THE FACT THAT THIS IS HAPPENING AND TO ALSO LET THEM KNOW, TO ALWAYS CHECK THE WEBSITE TO MAKE SURE NOTHING ELSE IS GOING BEFORE THEY DRIVE DOWN THERE AND GET THEIR THEIR COURTS READY.

BUT I HOPE YOU GUYS CONSIDER IT.

THESE GUYS HAVE REALLY I MEAN, I KNOW WE'VE HAD SOME OTHER DEVELOPERS THAT HAVEN'T BEEN AS PASSIONATE AND THESE GUYS ARE LOCAL.

THEY'RE REALLY TRYING TO MAKE IT WORK HERE.

AND I THINK THIS IS OUR OPPORTUNITY TO WORK WITH THEM AND WE DO HAVE THAT OPPORTUNITY TO REVIEW IT AFTER A YEAR AND TO ADDRESS ANYTHING.

SO I APPRECIATE YOUR CONSIDERATION.

THANK YOU, MA'AM. THERESA.

ANY MORE LATE ARRIVING CARDS? NO, SIR. ALL RIGHT.

IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK DURING THIS PUBLIC HEARING? PLEASE STAND UP OR RAISE YOUR HAND.

THE TIME IS 821 AND THE PUBLIC HEARING IS CLOSED.

COUNSEL FOR DISCUSSION.

SO AT A HIGH LEVEL, I THINK THIS IS A CLEVER USE OF A PRETTY UNDERUTILIZED ASSET AND WE CERTAINLY WANT THE RIVERWALK TO BE MORE SUCCESSFUL.

AND IF THIS CAN HELP WITH THAT, I THINK WE ALL WOULD BE IN AGREEMENT THAT THAT'S WE'D LIKE TO SEE THAT. BUT THE CONCERNS THAT THE OTHER COUNCIL MEMBERS RAISED ARE CERTAINLY ONES THAT I SHARE.

NOISE IN PARTICULAR IS SOMETHING THAT, YOU KNOW, THERE'S THE FIRST THING THAT CAME TO MIND FOR ME IS HOW ARE THE PEOPLE IN THESE TOWNHOMES GOING TO GOING TO FEEL LISTENING TO THIS? BUT ALL THE EMAILS WE GOT WERE IN SUPPORT AND SEVERAL OF THEM WERE FROM PEOPLE ON BELVEDERE DRIVE, WHICH IS RIGHT THERE.

AND SO THOSE RESIDENTS HAVE BEEN THEY'VE SPOKEN UP IN THE PAST WHEN THEY'VE HAD CONCERNS ABOUT PROJECTS THAT WERE PROPOSED AND THAT THEY DIDN'T THIS TIME.

SO THE ONE YEAR I'M SORRY, JUST ONE SECOND AND I'LL BE DONE IN A MINUTE.

THE ONE YEAR OPPORTUNITY FOR US TO LOOK AT THAT I THINK GIVES US A CHANCE TO COURSE CORRECT IF THAT BECOMES NECESSARY.

THE TIME OF DAY.

I KIND OF THINK THAT THE HOURS OF THE DAY ARE PROBABLY GOING TO TAKE CARE OF THAT.

AND WITH KIDS GOING BACK TO SCHOOL AND DAYS GETTING SHORTER, I'M THINKING THAT IT'LL JUST GET TOO DARK TO PLAY. SO WE'RE PROBABLY BE OKAY.

BUT AGAIN, IN ONE YEAR, YOU KNOW, WE'LL HAVE A CHANCE TO COURSE CORRECT.

BUT I'M NOT I AM CONCERNED ABOUT THE ISSUES THAT THE DEPUTY MAYOR PRO TEM RAISED.

AND I'M WONDERING IF BEFORE WE DECIDE TO TABLE OR WITHDRAW, CAN WE ADDRESS THOSE WITH CONDITIONS IN THE SUP? SO, FOR EXAMPLE, IF WE HAVE AN EXPANSION JOINT RUNNING THROUGH THE MIDDLE OF THIS, COULD WE ADD A CONDITION 20FT FROM THE EXPANSION JOINT FOR THE BOUNDARY OF THE COURT? WOULD THAT BE ACCEPTABLE? BRAND THAT IT'S LEGALLY ACCEPTABLE? YES, SIR. AND COULD WE SAY TEN FOOT FROM THE WALL TO THE COURT LINE AND TEN FOOT FROM THE LIGHT STANCHION TO THE COURT LINES JUST TO MAKE SURE THAT WE DON'T HAVE PEOPLE RUNNING OVER AND CRASHING INTO THE LIGHT STANCHIONS OR LESS LIKELIHOOD OF THAT, CORRECT? CORRECT. THAT'S ALSO POSSIBLE.

SO, DEPUTY MAYOR PRO TEM, WOULD SOMETHING LIKE THAT SOLVE SOME OF THOSE CONCERNS? I DON'T THINK THE MATH WORKS.

I APPRECIATE THAT.

AND I AM OPEN TO DIFFERENT SOLUTIONS.

THAT'S WHY I OFFERED A CHANCE TO TABLE WHERE THEY COULD ADDRESS SOME OF MY CONCERNS.

BUT THAT WAS REJECTED.

AND I DON'T THINK THE MATH WITH PUTTING 12 COURTS THERE WILL WORK WITH THE TEN FOOT ON EITHER SIDE OF THE LIGHT POLE.

I YOU KNOW, I DON'T KNOW FOR SURE, BUT I THINK THEY I DON'T THINK YOU CAN SITUATE THAT MANY COURTS AND HAVE THAT MANY FEET OF CLEARANCE.

SO IF THIS IS SOMETHING THAT EVERYONE WAS OPEN TO, WE COULD JUST ASK THE APPLICANT TO UPDATE THE EXHIBIT THAT WILL ACCOMPANY THE SUP, ENSURING THAT IT MEETS ALL THE CONDITIONS THAT COUNCIL HAS PLACED ON IT, AND THAT WOULD BE THE MAXIMUM NUMBER OF OF COURTS. SO IT'S SOMETHING THAT COULD BE UPDATED AFTER THE FACT IF IF EVERYONE WANTED TO DO THAT. SO WE MIGHT BE ABLE TO BRING IT DOWN FROM LIKE 12 TO 10 IF WE ADDED IN THAT EXTRA BUFFER.

RIGHT. ADAM, IS THAT WHAT YOU'RE IT'S GOING TO WORK IF THERE'S TOO MANY LIGHT POLES, IF YOU TURN THE COURT SIDEWAYS AND CERTAINLY THERE WOULD BE NO CONCERN IN THAT CASE, RIGHT? I MEAN, THAT WOULD BE IT'S BETTER THAN NOT.

IT'S NOT 12, BUT TEN IS BETTER THAN NONE.

I MEAN. IS THAT WHAT I'M HEARING? I SEE IT. BUT I THINK YOU ALSO IF YOU TURN THEM SIDEWAYS, THEN YOU YOU RUN INTO EACH OTHER. WELL. AND TO THE ONES THE EAST, YOU'VE GOT THE ISSUE OF THE 18 FOOT.

AND IF A BALL GOES OVER 18FT DOWN TO, YOU KNOW, WELL, IN A NORTH SOUTH ORIENTATION, I DON'T THINK YOU'D HAVE ANY CONCERNS BECAUSE BALLS AREN'T THEY'RE NOT GOING TO BE ANY CLOSER TO THE TO THE EAST SIDE WALL AS THEY ARE TODAY IF YOU JUST TURN THEM.

WELL, DEPENDING UPON HOW YOU ARRANGED THEM, IF YOU IF YOU PUT ONE ON THE EAST SIDE AND ONE ON THE WEST SIDE OF THE OF THE LIGHT POLE TO GET.

OH, NO, NO, I'M NOT SUGGESTING ANYTHING TO THE TO THE RIGHT SIDE OF THE LIGHT POLE.

JUST TURNING THEM NORTH SOUTH SO THAT YOU THEN HAVE A LITTLE BIT MORE ROOM BETWEEN THE LIGHT STANCHIONS AND THE WALL.

I'M JUST LOOKING FOR SOMETHING, A CONDITION WE COULD ADD THAT WOULD MAKE THIS PALATABLE.

PROBABLY DOWN TO LIKE MAYBE EIGHT BEST CASES, IF THAT'S THE CASE.

AND I DID WANT TO DISCUSS YOUR POINT ABOUT RECEIVING THE EMAILS IN FAVOR.

I THINK THOSE WERE THE PEOPLE WHO WOULD LIKE TO PLAY PICKLEBALL AND WERE AWARE OF IT, BUT

[02:25:04]

THE APPLICANT STATED THEY DID NOT HAVE ANY OTHER COMMUNICATIONS WITH RESIDENTS.

SO I BELIEVE IT'S A GREAT POSSIBILITY THAT MANY RESIDENTS ARE NOT AWARE OF THIS.

AND THEREFORE THEY DON'T KNOW THAT THEY CAN'T OBJECT TO SOMETHING THEY DON'T KNOW ABOUT. SO LEXIN, WE SHOULD HAVE WE KNOW HOW MANY NOTIFICATIONS WE SENT OUT, RIGHT? AND YES, I WOULD HAVE TO GO BACK TO THE COMPUTER UP THERE BECAUSE IT WAS A PUBLIC HEARING. SO IT WAS ADVERTISED AND EVERYONE WAS NOTIFIED, THOUGH 200 FOOT.

SO I DON'T KNOW. IT SHOULD BE EVERYONE IN THE TOWNHOUSES WITHIN 200FT AND I WOULDN'T THINK ANYONE WOULD BE ON 200FT, WOULD PROBABLY HAVE TOO MANY CONCERNS ABOUT NOISE.

I WOULDN'T THINK SO. I DON'T KNOW.

IT WOULD HAVE FOLLOWED ALL OF OUR ZONING NOTIFICATION REQUIREMENTS.

WE WOULD HAVE MAILED NOTICES TO PEOPLE WITHIN 200FT.

WE WOULD HAVE SENT NOTIFY ME EMAILS OR TEXTS TO ANYONE THAT HAD SIGNED UP FOR NOTICES WITHIN THIS AREA. AND THEN WE DO HAVE THE SIGN IS POSTED THERE AS WELL TO LET PEOPLE KNOW THERE IS A PENDING SUP.

SO IT FOLLOWED OUR NORMAL ZONING NOTIFICATION PROCESS.

AND COUNCIL. I KNOW THIS ISN'T SOMETHING THAT WE WOULD NORMALLY SEE.

RIGHT. I MEAN, THIS IS KIND OF THE FIRST FOR US.

BUT I THINK THAT IN TRYING TO USE SOMETHING THAT'S UNDERUTILIZED, MY BIG CONCERN WAS, YOU KNOW, IF WE COUNCIL APPROVES THIS, THEN, YOU KNOW, IS THE HOSPITAL GOING TO WANT PICKLEBALL COURTS? IF, YOU KNOW, THERE'S NOT A LOT OF PATIENTS AT THE HOSPITAL OR IS YOU KNOW SO SLIPPERY SLOPE.

RIGHT. BUT THEY CAN GET MORE PATIENTS.

I THINK THAT I THINK THAT BY TRYING TO BE CREATIVE TO BRING PEOPLE SOMEWHERE THAT WE REALLY WANT PEOPLE TO GO.

AND IT'S IT'S A YEAR, RIGHT? I MEAN, WE HAVE CODE ENFORCEMENT.

WE'VE GOT POLICE OFFICERS.

WE THE TOWN ALREADY HAS REGULATIONS TO.

TO DO THAT. I MEAN, I KNOW IT SOUNDS LIKE THERE'S A LITTLE BIT OF A RISK, AND I.

AND I GET IT. I'M.

YOU PLAY? I'M NOT TOTALLY LOVING.

I PLAY PICKLEBALL, RIGHT? AND I PLAY PICKLEBALL AND PEOPLE WILL PROBABLY GO, YOU GET HURT, RIGHT? BUT THE LIABILITY FORM, YOU STILL HAVE TO SIGN A LIABILITY FORM AT THE OTHER.

BUT THAT IS NOT 100% GUARANTEED THAT THERE WILL BE NO LAWSUITS.

AND THE WHOLE IDEA IS NOT ONLY TO AVOID A LAWSUIT, BUT TO AVOID THE INJURY BY LESSENING THE RISK IN THE FIRST PLACE. AND TO ADAM'S POINT, WHY DON'T WE PUT IN THE BUFFER THEN? BECAUSE THE APPLICANT WAS NOT WILLING TO DO SO.

THEY SAID THEY ARE NOT WILLING TO MAKE THE INVESTMENT BECAUSE IT'S SUPPOSED TO BE TEMPORARY, BECAUSE WHEN THE RESTAURANTS PICK UP, THEN THEY WILL PROBABLY WANT TO ELIMINATE THE PICKLEBALL, WHICH I JUST THINK THE PLAN IS NOT WELL THOUGHT OUT.

I DON'T THINK THAT'S, YOU KNOW.

SO I'VE BEEN TO CHICKEN AND PICKLE AND IT SEEMS LIKE THE WALLS OR THE PERIMETER, THE THAT GATE THAT YOU HAVE TO GO THROUGH TO GET TO THE PICKLEBALL COURTS IS WITHIN TEN FEET OF THE COURT BOUNDARIES.

I THINK THAT'S JUST MY MEMORY HAVING BEEN THERE.

SO I FEEL LIKE WE CAN ADDRESS THESE SAFETY CONCERNS BY ADDING A CONDITION OF A 20 FOOT BUFFER FROM THE COURT LINES TO THE EXPANSION JOINTS AND THE TEN FOOT BUFFER FROM THE COURT LINES TO THE LIGHTS, LIGHT STANCHIONS AND THE WALL.

NOW, I DON'T KNOW. RANDY, IF YOU FEEL LIKE TEN FEET IS THERE.

SHE IS. IS.

I DON'T KNOW IF YOU HAVE THE ABILITY TO CALCULATE THE DISTANCE BETWEEN THE WALL AND THE LINES AND QUICKLY.

YES. SO THE THE DETAIL IN THE LOWER LEFT HAND CORNER, THE CORD ITSELF IS 40FT WHERE THE BLUE STRIPING IS, BUT THE AREA AROUND IT IS TEN FEET ADDITIONAL ON EITHER SIDE.

SO THERE IS TEN FEET BETWEEN THIS BLUE LINE AND THE EDGE AND THEN THIS BLUE LINE AND WHERE THE LIGHT POLES ARE. SO THAT'S ALREADY THERE.

AND THAT'S AND THIS EXHIBIT IS THERE WOULD BE REQUIRED TO THIS WOULD BE ENFORCEABLE, RIGHT? LEXIN OKAY.

SO THEN I WANT TO ADD THE CONDITION OF THE THE LIGHT STANCHION SPECIFICALLY.

I WANT TO CALL THAT OUT SPECIFICALLY BECAUSE I FEEL LIKE THAT MIGHT ENCROACH IN THIS AREA A LITTLE BIT. AND YES, I THINK IT'S VERY LIKELY THAT SOMEONE COULD RUN INTO IT AND YOU'D HAVE TO END UP WRAPPING THEM IN FOAM OR SOMETHING TO PREVENT THAT.

AND WE DON'T WANT THAT. SO.

OKAY. SO ANYBODY ELSE? MR. DREW? YEAH.

I MEAN, I THINK THE REREVIEW IN A YEAR WILL TAKE CARE OF THE NOISE THING.

IF WE HAVE ISSUES OR COMPLAINTS, WE CAN DEAL WITH IT THEN.

I AGREE WITH THE BUFFER.

I THINK THAT'S ACCEPTABLE TO TRY AND ADDRESS SOME OF THE SAFETY CONCERNS.

IF WE ARE SEEING SAFETY ISSUES.

I MEAN, WOULD THE TOWN EVEN BE NOTIFIED? I MEAN, IT'S A PRIVATE PROPERTY, RIGHT? YEAH. WHEN THE AMBULANCE GOES WELL, I MEAN, IF SOMEONE COMPLAINED TO THE TOWN, I GUESS IT WOULD JUST DEPEND ON THE CIRCUMSTANCE.

I MEAN, IF SOMEBODY FELL DOWN, I DON'T KNOW THAT THEY WOULD COMPLAIN TO THE TOWN, BUT IF THERE WAS SOMETHING WHERE THEY FELT LIKE A BUSINESS WAS BEING LACKING IN THEIR SAFETY CONSIDERATIONS, THEY MIGHT REACH OUT TO THE TOWN AND COMPLAIN OF THAT.

YEAH, AND OVERALL, I THINK THIS IS A GOOD THING FOR THE TOWN, FOR OUR RESIDENTS.

SO I'M SUPPORTIVE OF IT OVERALL.

SO. SO I HAVE A LOT OF COMMENTS.

UM, SEVEN, EIGHT YEARS AGO, I SAT IN THE AUDIENCE AND I LISTENED TO SOMEBODY FROM MCADAMS TALKING ABOUT WHAT THE DEVELOPMENTS WERE GOING TO BE AT THE RIVERWALK AND WE WERE

[02:30:05]

GOING TO HAVE AN AMPHITHEATER, WE WERE GOING TO HAVE A FARMERS MARKET, WE WERE GOING TO HAVE A SPLASH PAD. WE WERE GOING TO HAVE 14 RESTAURANTS AND A RESTAURANT ROW AND WE GOT APARTMENTS. AND THAT'S WHAT ALL WE GOT FOR A LONG TIME.

AND I THINK THAT CAUSED A LOT OF THE PROBLEMS THAT WE'RE HAVING AT THE RIVER WALK TODAY. AND THAT WAS A DIFFERENT DEVELOPER THAN WHAT WE'VE GOT IN FRONT OF US TODAY.

BUT AT THE SAME POINT, I'M DISAPPOINTED WITH THE LITTLE AMOUNT OF PLANNING THAT WENT INTO THIS FOR WHAT I PERCEIVE AS A LITTLE AMOUNT OF PLANNING GOING INTO IT FOR SOMETHING THAT TOOK OVER A YEAR TO BRING TO US.

SO I'M SUPPORTIVE OF BRINGING PICKLEBALL THERE TO MAKE IT WORK FOR THOSE RESTAURANTS.

BUT AT THE SAME POINT, I STILL HAVE CONCERNS ABOUT.

THE WAY IT'S GOING TO WORK.

AND SO I GOT CONCERNS.

ANY OTHER DISCUSSION FROM COUNCIL? ANY OTHER QUESTIONS? WITH THAT, I'LL ENTERTAIN A MOTION.

MOVE APPROVAL OF SCP 20 2-000 FOR RIVERWALK PICKLEBALL COURTS WITH THE ADDITIONAL REQUIREMENTS OF A 20 FOOT BUFFER FROM PARKING GARAGE EXPANSION JOINTS TO COURT LINES AND A TEN FOOT BUFFER FROM PARKING GARAGE LIGHT STANCHIONS TO COURT LINES.

COUNCIL MEMBER SCHIESTEL. COULD PART OF YOUR MOTION ALSO BE FOR THE EXHIBIT TO BE UPDATED TO REFLECT THOSE CONDITIONS AND EXHIBITS TO BE UPDATED TO REFLECT THOSE CONDITIONS? WOULD YOU ACCEPT ONE MORE AMENDMENT? THAT THIS BE PUT ON AN ANNUAL REVIEW AND NOT AN AUTOMATIC REVIEW AND IN WITH ESPECIALLY AFTER TWO YEAR INTERVALS.

SO ONE YEAR INTERVAL INSTEAD OF A TWO YEAR INTERVAL.

OKAY. YES, I ACCEPT THAT.

SO I WITHDRAW MY PREVIOUS MOTION.

MOTION WITHDRAWN. MOVE APPROVAL OF SCP 20 2-0004 WITH THE ADDITIONAL REQUIREMENT OF A 20 FOOT BUFFER FROM EXPANSION JOINTS TO COURT LINES AND A TEN FOOT BUFFER FROM LIGHT STANCHIONS TO COURT LINES, WITH EXHIBITS TO BE UPDATED TO REFLECT THOSE CHANGES AND REQUIREMENT SEVEN TO BE UPDATED TO ANNUAL RENEWAL.

SECOND BRENDA'S MOTION CARRY.

YES. YES, SIR.

THAT'S COUNSEL. ANY DELIBERATION ON THAT MOTION? THERESA. WE HAVE A MOTION AND A SECOND.

COUNCIL MEMBER SCHIESTEL? AYE.

DEPUTY MAYOR PRO TEM MARTIN NAY.

ITEM THREE SUP 22 0004 PASSES BY A VOTE OF 3 TO 1.

AYE. COUNCIL MEMBER.

DREW AYE.

MOVING ON. ITEM NUMBER FOUR LOS CAMINOS TAX ABATEMENT REINVESTMENT ZONE AND

[Items K4 & K5]

ITEM NUMBER FIVE.

LOS CAMINOS. CHAPTER 380.

AND TAX ABATEMENT ITEMS ARE BEING OPENED AT THE SAME TIME.

KICKING US OFF IS SOMEONE DIFFERENT.

MR. RAY WATSON.

HOW ARE YOU? COUNCIL.

MAYOR, THANK YOU FOR THE OPPORTUNITY TO BE UP HERE TODAY.

WE ALSO HAVE REPRESENTATIVES FROM THE LOS CAMINOS HERE IN SAN AND JEFF DIMON.

IF YOU HAVE ANY QUESTIONS FROM THEM, THEY ARE AVAILABLE.

SO AS YOU ALL ARE AWARE OF, LOS CAMINOS IS LOOKING AT GOING INTO FLOWER MOUND.

WE ARE LOOKING AT DOING BOTH A TAX ABATEMENT AS WELL AS A 380 AGREEMENT WITH THEM.

LOS CAMINOS IS A FULLY IMMERSIVE RESTAURANT EXPERIENCE THAT WILL BE EXHIBITING COASTAL COASTAL MEXICAN CUISINE.

A HIGH END BEVERAGE OFFERING AS WELL.

AND THEN THE THEY'VE GOT AN OUTDOOR SPACE AND AN INDOOR SPACE.

THAT WILL BE PRETTY IMPRESSIVE.

I'LL SHOW YOU SOME OF THE PICTURES HERE IN JUST A MINUTE.

LOCATION IS AT THE LAKESIDE DEVELOPMENT ON THE NORTH SIDE OF LAKESIDE, RIGHT IN FRONT OF WHERE THE HOME DEPOT SITS, AS YOU CAN SEE RIGHT THERE, RIGHT THERE IN FRONT OF THE LAKESIDE OFFICE FACILITY.

THERE'S A LITTLE BIT CLOSER VIEW OF IT.

THESE NEXT SLIDES ARE SOME OF THE DEPICTIONS OF THE RESTAURANT.

AND AS YOU NOTICE, IT WILL ACTUALLY FLOW INTO THE SAME DESIGN ELEMENTS AS WHAT THE REST OF LAKESIDE IS.

HERE ARE SOME OF THE INSIDE INTERIOR VIEWS OF THAT.

RECOMMENDED INCENTIVES.

WE'RE LOOKING AT A PROPERTY TAX ABATEMENT OF 65% FOR YEARS, ONE THROUGH 350% YEARS, FOUR THROUGH FIVE, WHICH EQUALS ABOUT 72,000 SALES TAX REBATE OF 65% YEARS, 1 TO 3 AND A

[02:35:06]

50% FROM YEARS FOUR THROUGH FIVE, WHICH IS ABOUT 187,000.

AND ALSO BUSINESS PERSONAL PROPERTY TAX FOR THAT SAME YEAR SPAN FOR 19,000 AND THEN BUILDING PERMIT FEES AND IMPACT FEES AS WELL.

THE BUILDING PERMIT FEES AND IMPACT FEES WERE GRANTED TO THIS PROJECT PREVIOUSLY THAT THAT PROCESS HAS ALREADY ENDED LAST MONTH.

SO THIS WOULD BE NEW INCLUDED INTO THIS 380 AGREEMENT.

AND THEN ALL OF THESE ARE GOING TO BE BASED ON A MINIMUM TAXABLE SALES OF $5.5 MILLION.

REACHED BY YEAR ONE AND THEN WITH A GROWTH OF 3% AFTER THAT.

HERE IS THE COST BENEFIT ANALYSIS.

ONE THING THAT POINT OUT HERE IS THAT WE DO HIT BREAK EVEN YEAR ONE AND THEN WE HAVE ALL PAYBACK IN YEAR THREE.

SO IF THERE'S ANY QUESTIONS ON THAT.

HERE'S YOUR GRAPHIC OF THAT.

AND THAT IS THE PRESENTATION.

DO YOU ALL HAVE ANY QUESTIONS FOR THIS RIGHT NOW? COUNCIL. NO QUESTIONS.

OKAY. NO QUESTIONS FOR THE APPLICANT.

ALL RIGHT. SO, UH, THANK YOU, MR. WATSON. THE TIME IS NOW.

836 AND I'M OPENING THE PUBLIC HEARING FOR ITEM FOUR LOS CAMINOS TAX ABATEMENT REINVESTMENT ZONE THERESA.

DO WE HAVE ANY GREEN COMMENT CARDS FOR THIS ITEM NUMBER FOUR? I DO NOT. IS THERE ANYBODY IN THE AUDIENCE WISHING TO SPEAK DURING THE PUBLIC HEARING? PLEASE STAND UP OR RAISE YOUR HAND.

SEEING AND HEARING NONE, THE PUBLIC HEARING IS CLOSED.

THE TIME IS NOW.

837 I'M OPENING THE PUBLIC HEARING FOR ITEM NUMBER FIVE.

LOS CAMINOS CHAPTER 380 AND TAX ABATEMENT.

THERESA DO WE HAVE ANY GREEN COMMENT CARDS? DO NOT. IS THERE ANYONE IN THE AUDIENCE WISHING TO SPEAK DURING THE PUBLIC HEARING FOR THIS ITEM PLEASE STAND UP AND RAISE YOUR HAND.

THE TIME IS NOW 8:37 AND THE PUBLIC HEARING IS CLOSED.

COUNCIL FOR DISCUSSION.

I'LL ENTERTAIN A MOTION.

SORRY AM I GOING TOO FAST? [LAUGHTER] SO, RAY, I WAS JUST GOING.

THERE WAS NO QUESTION. SO I FIGURED YOU GUYS ARE READY TO GO.

I WANT TO MAKE SURE WE HAD ALL THE PROPOSALS. OKAY? THE PRESENTATIONS ON THE TABLE.

NOW, LET'S DISCUSS. YES, SIR. OKAY.

SO IF I THINK THE CONCERN FROM THE PUBLIC, I THINK THE PUBLIC THINKS ABOUT MELLOW MUSHROOM. RIGHT.

SEE THIS AND WHAT HAPPENS IF THIS.

YOU KNOW, THIS DOESN'T COME FORWARD AND GET COMPLETED OR IT'S NOT AS SUCCESSFUL AS WE THINK IT'S GOING TO BE. WHAT'S OUR HOW ARE WE PROTECTED IN THOSE CASES? WE'RE PROTECTED BECAUSE THIS IS A PRODUCTION INCENTIVE.

SO THEY HAVE TO MEET AT LEAST 5.5 MILLION IN TAXABLE SALES BEFORE THEY EVEN RECEIVE ANY FUNDS FROM US EXCEPT FOR THE IMPACT FEES AND THE BUILDING FEES.

SO THAT'S OUR TRUE RISK, IS THAT IS THE TRUE RISK THAT INCLUDES THE PROPERTY TAX ABATEMENT. THAT DOES INCLUDE THE PROPERTY TAX.

THE BUILDING GETS BUILT AND THE RESTAURANT NEVER OPENS, THEN THERE'S NO INCENTIVE FOR THE PROPERTY TAX. RIGHT.

SO IT'S THE MINIMAL TAXABLE SALES HAVE TO HIT THAT 5.5 MILLION IN THE FIRST YEAR.

SO. WHICH WILL, IF THEY DO THAT IN THE FIRST YEAR, WHICH THAT IS ACTUALLY LOWER THAN WHAT THEIR EXPECTATION IS, IT'S GOING TO BE A SUCCESSFUL RESTAURANT BECAUSE THAT'S A PRETTY SUCCESSFUL FIRST YEAR.

SO AN INCREASE FROM THEREAFTER? THAT'S CORRECT. A 3% INCREASE FROM THAT YEAR AFTER.

AND YEAR ONE IS WHEN THE CO IS ISSUED.

YES, IT STARTS AFTER THE CO IS ISSUED.

SO. AND DID YOU HAVE THOSE NUMBERS AGAIN ON THE ROI? YOU SAID WE GET ALL OF OUR MONEY BACK BY YEAR THREE.

YES, MA'AM. WE ARE COMPLETELY TOTAL BENEFITS OVER TOTAL COST IS PAID BACK IN YEAR TWO AND THEN CUMULATIVE NET BENEFITS OVER TOTAL COST IS PAID BACK AT THE END OF YEAR THREE.

AND BREAK EVEN YEAR ONE.

SO I WANT TO SAY I'M KIND OF RETHINKING MY POSITION ON, YOU KNOW, 380S IN GENERAL FOR THIS KIND OF AN INDUSTRY.

BUT BECAUSE WE HAVE THAT STRONG PROTECTION IN PLACE AND REALLY WHAT'S AT RISK IS, WHAT, $20,000 ISH, BASICALLY? YES, MA'AM. SOMEWHERE AROUND THERE.

I THINK THE RISK IS MINIMAL.

I'M REALLY GOING TO BE IF OTHERS COME FORWARD, I'M GOING TO BE LOOKING VERY WITH A CRITICAL EYE ON THESE DEALS.

WHAT WAS INTERESTING IS Y'ALL HAD WE HAD TALKED ABOUT THE POSSIBILITY OF DOING SOME TYPES OF REQUIREMENTS FOR THEM TO BE ABLE TO GET THE INCENTIVE.

AND SO WE PUT THESE REQUIREMENTS IN.

WE WENT BACK TO SAM AND HIS GROUP AND THEY WERE VERY ADAMANT THAT THEY WERE GOOD WITH THAT. SO THEY FELT VERY CONFIDENT IN THEIR ABILITY TO MAKE THIS WORK.

AND REALLY, THOSE TWO THINGS ARE THE ONLY REASON THAT'S KIND OF PUSHING ME TOWARD THE IN FAVOR COLUMN, BECAUSE, YOU KNOW, WE'RE TALKING ABOUT OUR RESIDENTS AND THEIR TAX

[02:40:02]

DOLLARS. SO I THINK IT'S IMPORTANT TO CONSIDER EVERYTHING.

AND I APPRECIATE THE WILLINGNESS TO BE OPEN TO THE CONDITIONS.

AND I THINK THAT DOES AFFORD US THE PROTECTION THAT WE NEED.

RIGHT. SO THANK YOU FOR DOING THAT.

RIGHT. AND THE OTHER THING, JEFF DENMAN IS WITH THEIR GROUP AND HE HAS 25 YEARS OF RESTAURANT EXPERIENCE. SO HIS EXPERIENCE PLUS HIS SUCCESS IN THE RESTAURANT BUSINESS WILL BE A BIG PLUS IN THIS PROJECT AS WELL.

ANY MORE QUESTIONS? I MEAN, MY CONCERN WITH INCENTIVIZING ANY SORT OF DEVELOPMENT IS WE'RE JUST TAKING MONEY AWAY FROM TAXPAYERS.

I MEAN, THIS ONE, IT SEEMS LIKE WE'RE NOT PUTTING A LOT OF MONEY AT RISK, $21,000.

BUT I ALSO KIND OF THINK OF, YOU KNOW, WHAT'S ACROSS THE STREET, THE OTHER RESTAURANTS, YOU KNOW, WE'RE INCENTIVIZING THIS ONE DID.

THEY DIDN'T RECEIVE A SIMILAR INCENTIVE.

SO THAT'S MY ONLY CONCERN WHY I'M KIND OF.

TYCOON DID DIDN'T THEY? YEAH. TYCOON'S THE ONLY ONE BUT THE OTHER 2 OR 3 RESTAURANTS THERE AND I GUESS COUNCILMAN DREW WHEN YOU LOOK AT THESE TYPES OF INCENTIVES BECAUSE THEY ARE BASED ON PRODUCTION, THERE IS NO MONEY BEING GIVEN UP.

I MEAN, IT IS MONEY THAT WILL BE MADE IN THE FUTURE.

SO THERE'S NO LOSS OF FUNDS TODAY.

IT IS MONEY THAT WILL ACTUALLY BE CREATED BY THIS DEVELOPMENT FOR THE FUTURE.

SO, YEAH. CAN I ASK MR. DENMAN A QUESTION? YES, SIR. SORRY.

SO I RECALL WHEN YOU BROUGHT THIS FORWARD OR WHEN THIS WAS BROUGHT FORWARD INITIALLY, HOW COME NO INCENTIVES WERE ASKED WERE REQUESTED AT THAT TIME? WHY DID THIS COME LATER IN THE PROCESS? A GOOD QUESTION. YOU KNOW, AS WE GOT CLOSER TO BUILDING AND GOT ALL OF OUR COSTS COMING IN, I MEAN, THE INFLATIONARY ENVIRONMENT THAT WE'RE CURRENTLY IN AND WE'RE LOOKING AT 1.29 OF UNDEVELOPED LAND AT THE CURRENT STATE COMING OUT WITH A SEVEN, YOU KNOW, 5,600 SQUARE FOOT BUILDING WITH A 1700 SQUARE FOOT PATIO AND THE COSTS WERE JUST OUT OF CONTROL. SO I WAS LOOKING FOR ANY KIND OF HELP I COULD GET TO GET THE THING OFF THE GROUND. IT ALSO SHOWS A LOT OF SUPPORT FROM THE THE CITY IF GRANTED, TO THE SUCCESS OF WHAT I'M LOOKING TO DO.

THANK YOU FOR THE QUESTION.

ANYONE ELSE? ANY OTHER QUESTIONS? ANY OTHER DISCUSSION.

THANK YOU, GUYS. THANK YOU COUNCIL.

SO I'LL JUST ADD ONE THING FOR COUNCILMAN DREW IS.

BUT, YOU KNOW, IT WAS REQUESTED IN THIS AREA AND IT WAS TURNED DOWN.

AND PART OF THE REASON WHY WAS BECAUSE WE WANTED TO MAKE SURE WE HAD A SEAT AT THE TABLE FOR ANY KIND OF, YOU KNOW, WHAT ARE WE INCENTIVIZING EXACTLY? WE'RE NOT JUST GOING TO BLANKET INCENTIVIZE EVERYTHING.

WE'RE GOING TO HAVE THE CHANCE TO BE A PARTNER IN THAT.

AND SO, YOU KNOW, THIS IS ONE IS ON THE BORDERLINE.

I AGREE WITH THE DEPUTY MAYOR PRO TEM THAT THIS ONE IS ON THE MARGINS FOR SURE.

BUT, YOU KNOW, BASED ON WHAT WE'VE HEARD FROM THE APPLICANT AND COST, WE DO WANT THIS, IT'S NEW CONSTRUCTION IT'S NEW PROPERTY TAX THAT DOESN'T EXIST.

MAYBE THAT'S A LITTLE DIFFERENT THAN SOME OF THE OTHER RESTAURANTS OVER THERE IS THAT THEY'RE BUILDING FROM THE GROUND UP.

SO I'M YOU KNOW, IT'S IN LAKESIDE.

IT'S VERY SUCCESSFUL AREA.

I THINK THAT IT'S WITH SUCH LOW RISK, I'M WILLING TO GET BEHIND IT.

IT'S ALSO PRODUCTION BASED SO THAT IF THEY DON'T MAKE THE NUMBERS, THEY DON'T GET THE INCENTIVE. YEAH, I UNDERSTAND THAT.

SO IT'S OTHER THAN THE $21,000 OR SO, IT'S ALL POSITIVE.

SO JUST TO THE APPLICANT, WHAT MAKES THIS DIFFERENT THAN ANY PLACE ELSE IN FLOWER MOUND ? CAN YOU KIND OF? YEAH.

CAN YOU DESCRIBE IMMERSIVE EATING ENCHILADAS? YES, I ABSOLUTELY CAN.

I'M SORRY. I'M TRYING TO LIGHTEN IT UP A LITTLE BIT HERE BECAUSE IT'S.

I'M MUCH BETTER AT THIS THAN THE PREVIOUS. DESCRIBE IMMERSIVE.

SO I DON'T KNOW THAT I'VE EXPERIENCED IMMERSIVE.

WHAT I'VE ALWAYS DONE IN THE RESTAURANT WORLD IS I'VE CREATED ENVIRONMENTS THAT TAKE YOU OUT OF WHERE YOU ARE.

NOW OF COURSE, YOU WALK THROUGH THE DOOR OF ANY ANY RESTAURANT.

YOU'RE CLEARLY NOT ON THE STREET ANYMORE.

BUT THIS IS COMPLETELY ENTRENCHED IN WHAT WE DO.

FROM THE SOUND, THE SMELL, THE DRINKS, THE FOOD.

IT'S NOT JUST A TRADITIONAL TEX-MEX.

IT'S SOMETHING YOU WOULD GET COASTAL A LOT OF LOBSTERS, A LOT OF CRABS, A LOT OF SEAFOOD OPTIONS, THINGS THAT YOU WOULDN'T NORMALLY SEE IN A TEX-MEX RESTAURANT BECAUSE IT'S NOT A TEX-MEX RESTAURANT.

WHEN YOU COME IN, YOU WANT TO BE WHISKED AWAY AND FEEL LIKE YOU ARE NO LONGER STANDING IN FLOWER MOUND. NOT THAT THERE'S ANYTHING WRONG WITH FLOWER MOUND, BUT I WANT TO TAKE YOU ON A FAIRLY INEXPENSIVE JOURNEY TO TULUM.

WOAH EASY TAKE YOU OUT OF YOUR ELEMENT SO THAT YOU CAN EXPERIENCE THE THE JOY OF BEING SOMEWHERE ELSE, SOMEWHERE COASTAL THAT YOU FEEL FROM EVERY PIECE OF THE BUILDING.

AS YOU KNOW, AS WE'VE DESIGNED IT.

AND THE DESIGN KEEPS GOING, YOU FEEL LIKE YOU'RE JUST WHISKED AWAY.

AND THAT'S WHAT IMMERSIVE IS, YOU KNOW, TO WHERE THERE'S NOTHING, THERE'S NOTHING, NO PIECE OF IT THAT I HAVEN'T LOOKED AT TO SAY, THIS ISN'T YOUR NORMAL JUST RESTAURANT ON THE CORNER. THIS IS SOMETHING THAT WILL ENHANCE THE VISIBILITY, BRINGING YOU THROUGH THAT SOUTHERN GATEWAY, TRYING TO CAPTURE ALL OF THE HOTEL BUSINESS, ALL OF THE RESIDENTS, THE

[02:45:02]

AIRPORT AVIATION, COPPELL, YOU KNOW, ALL THE PLANS TO BRING PEOPLE TO OUR DOOR INSTEAD OF GOING TO IRVING AND GOING TO THE MEXICAN SUGAR OVER THERE, WHICH DOES A GREAT JOB, BUT WE'VE GOT SOME BIG SHOES TO FILL WHEN WE COMPARE OURSELVES TO THAT.

THIS IS ONE OF A KIND THAT MEANS THIS IS NOT A FRANCHISE.

THIS IS. THIS IS IT. YEAH, THIS IS.

I DO INTEND TO TRY TO BUILD MORE.

OKAY. THAT WOULD BE THE PLAN.

BE THE FIRST ONE. YES, SIR.

THE FLAGSHIP. YOU BETTER BELIEVE IT.

ANYONE ELSE? THANK YOU, SIR.

THANK YOU. THANK YOU COUNCIL.

SO WITH THAT, I'LL ENTERTAIN A MOTION FOR ITEM NUMBER FOUR SEPARATELY.

I WILL MOVE TO APPROVE ITEM K 4 LOS CAMINOS TAX ABATEMENT REINVESTMENT ZONE AS PRESENTED.

SECOND. ANY DELIBERATION ON THE MOTION? THERESA. WE HAVE A MOTION AND A SECOND.

AYE. COUNCILMEMBER SCHIESTEL.

AYE. ITEM NUMBER K4 LOS CAMINOS TAX ABATEMENT REINVESTMENT ZONE IS APPROVED BY UNANIMOUS VOTE.

MOVING ON TO ITEM NUMBER 5, I'LL ENTERTAIN A MOTION.

I WILL MOVE TO APPROVE ITEM K 5 LOS CAMINOS CHAPTER 380 AND TAX ABATEMENT AS PRESENTED.

SECOND, ANY DELIBERATION ON THAT MOTION? THERESA WE HAVE A MOTION AND A SECOND.

COUNCILMEMBER SCHIESTEL.

AYE. MAYOR PRO TEM ENGEL, AYE.

ITEM NUMBER K 5 LOS CAMINOS CHAPTER 380.

AND TAX ABATEMENT IS APPROVED BY UNANIMOUS VOTE.

PAUSE.

ALL RIGHT. SO WE'RE GOING TO HAVE AN UNANNOUNCED SORRY, QUICK 10 MINUTE RECESS.

THE TIME IS NOW 8:47.

WE'LL BE IN RECESS FOR TEN MINUTES.

THANK YOU.

[02:54:06]

ALL RIGHT, WE'RE BACK. THE TIME IS NOW 8:54 AND OUR MEETING IS IN SESSION.

WE'LL BE MOVING ON TO ITEM NUMBER SIX SCENIC ROAD.

KICKING US OFF IS MR.

[K6. Scenic Road]

CLAY RIGGS. GOOD EVENING, SIR.

GOOD EVENING, MAYOR. GOOD EVENING, COUNCIL.

AS MAYOR SAID, WE'RE HERE TO TALK ABOUT SCENIC AND HOW THAT PLAYS INTO OUR OVERALL THOROUGHFARE PLAN.

SO CURRENTLY, THIS IS THIS IS KIND OF JUST A BRIEF LAYOUT OF THE EXISTING SCENIC DRIVE.

THERE'S PORTIONS THAT ARE CONCRETE.

THERE'S PORTIONS THAT ARE ASPHALT.

THE MAJORITY OF IT'S THE 18 FOOT ASPHALT, FOR INSTANCE, THIS PORTION HERE.

I WENT AHEAD AND PUT THE PCI SCORES TO GIVE YOU AN IDEA OF THE CONDITION OF THE ROAD.

THIS IS AN 83 HERE.

THIS WENT IN WITH THE SUBDIVISION HERE.

I BELIEVE IT'S RIVER OAK ESTATES.

AND THAT WAS 24 FOOT CONCRETE.

THE PCI SCORE IS 85.

AND THEN HERE ALONG THIS PORTION, THIS GOES BACK TO THE 18 FOOT ASPHALT WITH PCI SCORE OF

[02:55:03]

43. AND IF YOU REMEMBER FROM THE MEETING I DID BEFORE, 40S KIND OF YOUR BACKLOG AND THAT'S WHEN YOU'RE JUST DOWN TO RECONSTRUCTING THE ROAD.

ALSO TO GIVE A LITTLE BIT OF PERSPECTIVE TO THIS IS CARDINAL NOW THIS IS THE FULL THOROUGHFARE CROSS-SECTION, BASICALLY 34 FOOT OF PAVING.

THIS IS A PICTURE OF CARDINAL LOOKING DOWN CARDINAL.

HERE'S A PICTURE RIGHT AROUND THIS TURN LIKE A BETTER TERM, KIND OF GIVE YOU AN IDEA OF THE EXISTING ROADWAY.

AND THEN UP HERE IS NEAR THESE 90S HERE.

SO THAT'S THE EXISTING SCENIC DRIVE.

NOW ON OUR THOROUGHFARE PLAN, IT IS A RURAL COLLECTOR.

AND I'LL GO AHEAD AND JUST READ THIS.

RURAL COLLECTOR ROADWAYS CONNECT RESIDENTIAL AND COMMERCIAL AREAS TO THE ARTERIAL SYSTEM AND COLLECT AND DISTRIBUTE TRAFFIC FROM THESE AREAS.

THEY CARRY LESS TRAFFIC FOR SHORTER DISTANCES THAN ARTERIALS AND CARRY TRAFFIC TO AND FROM AREAS RATHER THAN THROUGH THEM.

THE ROADWAY DRAINAGE IS PROVIDED WITH SWALES DITCHES AND CULVERTS.

NOW THERE'S PROBABLY SOME ENGLISH MAJORS THAT ARE JUST CRINGING RIGHT NOW, BUT WE'RE ENGINEERS AND THAT'S KIND OF HOW WE WORDED IT.

SO A RURAL COLLECTOR, SO THEIR STANDARD CROSS-SECTION OF A RURAL COLLECTOR IS BASICALLY 34 FOOT OF PAVEMENT.

THAT GIVES YOU 12 FOOT LANES AND THEN FIVE FOOT BIKE LANES ON EACH SIDE.

AND THEN YOU DO HAVE THE 23 FOOT OF PARKWAY.

AND AGAIN, THAT'S TO CARRY DRAINAGE.

AND SO AS YOU HAVE THESE COLLECTORS, THE COLLECTORS USUALLY HAVE LARGER DRAINAGE AREAS. SO YOU KIND OF NEED A LITTLE BIT TO FORM THOSE BAR DITCHES.

AND I'LL TALK A LITTLE BIT MORE TO THAT TOO.

THE BIKE LANE ALSO CAN SERVE AS AN EMERGENCY SHOULDER.

SO BASICALLY, IF SOMEBODY HAS A FLAT TIRE OR A BREAKDOWN, THEY CAN PULL OFF TO THE SIDE HERE, NOT IMPEDE TRAFFIC.

SO KIND OF HAVE ONE TIRE ON THE GRASS, ONE TIRE ON THE BIKE LANE.

SO. AND OUR PLAN IS TO START PURCHASING THE RIGHT OF WAY FOR THIS NEXT FISCAL YEAR.

NOW, THAT'S OUR THOROUGHFARE PLAN.

WE ALSO HAVE OUR NEW TRAILS AND BIKEWAY PLAN.

AND THERE ARE SOME COMPONENTS THAT GO ALONG WITH THE SCENIC DRIVE.

SO WE DO HAVE AN EQUESTRIAN TRAIL, A 12 FOOT OFF STREET TRAIL, BIKE LANES ON THE ROADWAYS.

AND THEN WE HAVE TRAILHEADS.

NOW THROUGH YOU CAN SEE THIS CUTS THROUGH THE LAND.

AND THEN UP HERE ON THE EAST WEST PORTION OF SCENIC, THAT'S BASICALLY WOULD BE NEXT TO THE NEXT TO THE ROADWAY IN THE RIGHT OF WAY.

WHEREAS HERE THE TRAIL AN EQUESTRIAN TRAIL WOULD BE SEPARATE, NOT ALONG THE ROAD.

SO THE SMITH TRACT THEY'VE ONLY COME IN WITH ONE SUBMITTAL AND THEY DO SHOW THE EQUESTRIAN WAY AND THE 12 FOOT OFF STREET GOING THROUGH THE NEIGHBORHOOD.

AND THEN UP HERE IT WOULD BASICALLY BE ALONG THE EAST WEST PORTION.

WE THINK THAT CAN BE ACCOMMODATED IN THE RIGHT OF WAY.

AND SO ON OUR THOROUGHFARE PLAN, WE HAVE A COUPLE RURAL CROSS SECTIONS.

THIS IS OUR RURAL COLLECTOR.

AGAIN, YOU DO HAVE THE 23 FOOT OF PARKWAY, AND THEN WE HAVE OUR LOCAL RESIDENTIAL ESTATE. AND THIS IS MORE LIKE A SINGLE FAMILY, SMALLER DRAINAGE AREAS AND MORE CONNECTIONS. ANOTHER INTERESTING COMPONENT OF THAT IS THE 17 FOOT PAVING DRAINAGE AND UTILITY EASEMENTS. SO THOSE ARE MAINTAINED BY HOA.

SO THE DRAINAGE IS MAINTAINED BY HOA IN THAT CASE.

NOW YOU DO GET MORE TRAFFIC FLOW BASICALLY, THE WIDER THE PAVEMENT.

BUT THESE TWO SECTIONS ARE STILL JUST TWO LANES.

SO THEY REALLY PRETTY MUCH HAVE SIMILAR TRAFFIC CAPACITIES THAT YOU DO WANT 26FT JUST BECAUSE THAT'S THE MINIMUM FIRE LANE WIDTH.

AND SO WE WANT FIRE TO BE ABLE TO RESPOND.

SO A LITTLE BIT OUR AGAIN, OUR RURAL CROSS SECTIONS, THEY'RE NOT CURB AND GUTTER, SO THEIR DRAINAGE IS CONVEYED THROUGH THE BAR DITCH.

AGAIN, THE BIKE LANE GREEN SPACE CAN SERVE AS KIND OF AN EMERGENCY SHOULDER.

SO OUR MAX RATING IS 3 TO 1 SLOPE.

AND SO THAT BASICALLY MEANS FOR EVERY ONE FOOT DOWN, YOU HAVE TO GO OVER THREE FOOT.

AND SINCE YOU'RE COMING DOWN BOTH WAYS, ONE FOOT IS ACTUALLY SIX FEET.

AND SO TO GIVE YOU AN EXAMPLE, A TWO FOOT DEEP DITCH IS GOING TO TAKE 12FT.

AND AGAIN, SOME OF THESE RURAL COLLECTORS, YOU DO HAVE A GOOD AMOUNT OF DRAINAGE FLOW.

AND SO YOU KIND OF SEE HERE THE SIZE OF THE SWALE HERE AND THEN THE SIZE OF THE SWALE HERE IN ORDER TO CARRY ALL THAT DRAINAGE.

AND SO OUR TYPICAL CULVERT IS 18IN.

AND SO YOU CAN THINK IF IT NEEDS TO BE ANYTHING BIGGER THAN OUR TYPICAL 24IN, YOU CAN GET TO A TWO FOOT DEEP, THREE FOOT DEEP DITCH PRETTY EASILY.

BUT WE DO STRIVE TO LEAVE AS MANY TREES IN AS POSSIBLE.

SO WE'LL GET THAT RIGHT AWAY.

IT DOESN'T MEAN YOU JUST GO AND CLEAR CUT THE WHOLE RIGHT AWAY.

YOU JUST USE WHATEVER YOU NEED TO IN ORDER TO GET YOUR BAR DITCH IN THERE.

AND I NEVER WENT THROUGH THAT KIND OF QUICK.

I'M SURE THERE'S SOME QUESTIONS.

THANK YOU, MR. RIGGS. COUNCIL.

[03:00:05]

SO I DROVE THIS AGAIN TODAY.

AND YOU'VE GOT SECTIONS, WE HAVE SECTIONS WHERE THERE IS VEGETATION PRETTY MUCH RIGHT UP TO THE ROAD, ESPECIALLY ON THE WEST SIDE .

AND ON THE EAST SIDE OF THE ROAD, OR SOMETIMES THE SOUTH, DEPENDING UPON WHICH DIRECTION YOU'RE IN IT'S THE ROAD IS HEADED.

YOU'VE ALSO GOT TREES AND PROPERTY FENCES ET CETERA.

AND SO IF WE ADOPT THIS, WHAT HAPPENS TO ALL THAT? WELL. SO THIS IS PART OF THE THOROUGHFARE PLAN.

AND SO TYPICALLY WHAT YOU WOULD DO IS AS THE RIGHT OF WAY COMES AND SO AS IT DEVELOPS, PEOPLE ON THIS SIDE WOULD DEDICATE HALF, HALF OF THAT RIGHT AWAY.

PEOPLE ON THIS SIDE WOULD DEDICATE HALF THAT RIGHT OF WAY, AND THE PORTIONS OF PAVING WOULD BE SPLIT THE SAME AS WELL.

SO BUT WHAT YOU'RE TALKING ABOUT 80FT.

AND TODAY IN PLACES, THE ROAD IS 18 TO 24FT WIDE TODAY.

SO YOU'RE TALKING ABOUT REALLY GOING IN.

YOU KNOW, YOU COULD BE GOING IN ANOTHER 25FT ON EACH SIDE PLUS.

CORRECT. AND THAT'S OUR THOROUGHFARE PLAN.

THAT'S OUR STANDARD RURAL CROSS-SECTION.

THAT'S A GOOD CHUNK OF LAND.

YES. YEAH.

I MEAN I WAS GOING TO ADD TO THAT.

IT'S A GOOD CHUNK OF LAND AND IT'S A LOT OF TREES.

HAVE WE I MEAN, IS THERE ANY OTHER APPROACHES THAT WE'VE TAKEN IN THE PAST TO MAYBE WEAVE AROUND TREES OR.

WELL, I WOULD SAY THE BIGGEST THING THAT WE DO IS WE ACTUALLY JUST TRY TO MINIMIZE THE IMPACT TO TREES. AND SO, FOR INSTANCE, HERE IS CARDINAL.

SO THAT'S THAT FULL CROSS SECTION.

AND AS YOU CAN SEE, YOU HAVE THE TREES IN HERE.

YOU CAN GET THE DRAINAGE TO CONVEY THROUGH HERE.

SO IT ACTUALLY LOOKS A LOT SCARIER THAN WHAT IT CAN BE.

SO, YOU KNOW, THIS IS OBVIOUSLY 80 FOOT, BUT WE DO EVERYTHING WE CAN TO MINIMIZE THE AMOUNT OF TREES THAT WE IMPACT.

HAVE WE EVER DONE ANY YOU KNOW, HOW MANY CARS GO DOWN THIS ROAD? YOU KNOW, TIME FRAME.

TRAFFIC STUDY. TRAFFIC STUDIES.

AND THAT WOULD BE ONE OF THE THINGS THAT WOULD COME OUT IN THE TIA, TOO.

YEAH, I MEAN, BECAUSE I KNOW THAT WHEN I DROVE IT TODAY, BASICALLY, I MET TWO VEHICLES, ENTIRE LENGTH OF IT, AND THAT WAS IT.

AND THEY WERE ONE VEHICLE RIGHT AFTER ANOTHER.

BUT THERE WAS OTHER THAN THAT, THERE WAS NO TRAFFIC ON THAT ROAD WHATSOEVER.

CLAY WHEN YOU HAVE SO THE STANDARD CALLS FOR A FIVE FOOT BIKE LANE ON EITHER SIDE.

BUT YOU MENTIONED THAT PART OF IT IS GOING TO HAVE HIKE AND BIKE TRAIL, 12 FOOT WIDE TRAIL THAT RUNS ALONGSIDE THE ROAD.

SO OBVIOUSLY IT WOULDN'T MAKE ANY SENSE TO PUT THE BIKE LANES AND THE PIKE AND BIKE TRAIL TOGETHER.

HOW DO WE ACCOMMODATE THAT WHEN YOU HAVE BOTH OF THEM TOGETHER? SO YOU HAVE TWO DIFFERENT TYPES OF BIKE USERS.

YOU HAVE THE THE WEEKEND WARRIORS THAT ARE GOING TO GO OUT AND THEY'RE WANTING TO GO FAST DOWN THE ROADWAY.

AND THEN YOU KIND OF HAVE THE FAMILY THAT'S JUST WANTS TO GO OUT FOR A NICE BIKE RIDE.

AND SO THE THE 12 FOOT TRAIL WOULD BE MORE FOR THE KIND OF THE FAMILY TYPE BIKERS AND THEN THE ROADWAY WOULD BE FOR THOSE KIND OF ROADWAY GUYS.

AND SO, FOR INSTANCE, UP HERE, THEY'RE COMPLETELY SEPARATE.

SO DOWN THROUGH HERE, THEY WOULD RUN THROUGH THE PROPERTY AND THE ONLY PORTION WHERE YOU'D HAVE THEM KIND OF NEXT TO EACH OTHER WOULD BE ON THE EAST WEST PORTION OF SCENIC.

SO A 12 FOOT TRAIL, I MEAN, THAT'S A BIG TRAIL.

I THINK IF YOU'VE SPENT ANY TIME DOWN AT WHITE ROCK, YOU KNOW THAT YOU CAN HAVE ALL TYPES OF USERS ON A TRAIL THAT'S THAT WIDE.

SO THE FIRST SUGGESTION I WOULD MAKE IS IF IT'S POSSIBLE, IF YOU'RE GOING TO HAVE A 12 FOOT TRAIL NEXT TO THE ROAD, YOU PROBABLY DON'T NEED THE BIKE LANES ON THE ROAD.

THAT'S JUST MY OPINION. SO MAYBE THAT'S SOMETHING THAT WE CAN DISCUSS DOWN THE ROAD.

CAN YOU TALK ABOUT STRAIGHTENING OUT THE WAY THE ROAD IS GOING TO BE STRAIGHTENED OUT BECAUSE ONE OF THE SPEAKERS MENTIONED THOSE 90 DEGREE TURNS.

YEP. SO SO THIS KIND OF SHOWS IT HERE.

SO THIS SHOWS WHERE WE'RE GOING TO TAKE THOSE.

LET'S SEE. THESE 90 DEGREE TURNS.

AND YOU CAN SEE HERE HOW THEY'RE SMOOTHED OUT.

YOU ALSO NOTICE HERE, TOO, HOW THIS IS SMOOTHED OUT TO CONNECT UP TO THE NORTH SOUTH PORTION OF SCENIC.

BUT WE DO TRY TO MINIMIZE THE IMPACT THAT WE HAVE.

AND SO THAT'S WHERE IT'S ACTUALLY GOING TO COME UP HERE AND GOING TO BE A T INTERSECTION. BUT THESE CURVES THROUGH HERE, YES, THOSE ARE DEFINITELY GET SMOOTHED OUT.

[03:05:01]

SO THE UPPER CURVE IS NOT GOING TO LOOK LIKE THAT BECAUSE YOU'RE GOING TO HAVE AN INTERSECTION UP THERE.

CORRECT. OKAY.

OKAY. SO THAT MAYBE THAT ANSWERS SOME OF THOSE QUESTIONS.

I TALKED TO AT LEAST ONE RESIDENT WHO WAS CONCERNED ABOUT SPEEDING ON THAT ROAD.

AND MY CONCERN AGAIN IS IF WE TAKE OUT THOSE 90S, IT'LL BE EVEN THAT MUCH EASIER TO GO FASTER. IT WILL IMPROVE TRAFFIC FLOW.

YOU COULD CALL IT THAT, I GUESS.

[LAUGHTER] I WOULDN'T CALL IT THAT NECESSARILY.

DO WE KNOW HOW MANY CRASHES AND REPORTS OF SPEEDING AND INCIDENTS WE'VE HAD IN THAT PART OF TOWN? NO, NOT RIGHT OFF HAND.

I CAN TELL YOU ONE OF THE THINGS THAT WE LOOK AT IS FOR STREETLIGHT LOCATIONS.

WE LOOK FOR ACCIDENT RATES PARTICULARLY HAPPENING AT NIGHT.

AND WE DON'T HAVE ANYTHING HERE.

OKAY. OKAY.

NOW, WE DID INSTALL A STREETLIGHT AT SCENIC AND 1171, BUT THAT WAS MORE OF A REQUEST, NOT A BECAUSE OF CRASH DATA.

SO TWO 12 FOOT LANES, THAT'S FOR TRAFFIC AND THE TWO FIVE FEET BIKE LANES AND THEN WHERE THOSE BIKE AND WALKING TRAILS RUN TOGETHER? ARE THEY IS IT ONE SHARED 12 FOOT WIDTH? OR TWO TWELVES? NO. SO IT WOULD BE 112.

ONE SHARED 12. OKAY.

AND SO TO YOUR POINT ABOUT THE WHY WOULD WE NEED THE BIKE LANE, I THINK IT SOMETIMES IS A RISK WHEN YOU HAVE WALKERS WITH HARDCORE BIKERS BECAUSE THEY'RE GOING FAST AND IF THEY DON'T CALL OUT, A LOT OF THEM ARE SUPER FRIENDLY AND COURTEOUS AND THEY'LL CALL OUT TO YOUR LEFT, TO YOUR RIGHT, BUT SOME DON'T.

AND THERE HAVE BEEN FATALITIES, CRASHES WITH PEDESTRIANS AND BICYCLISTS.

SO I DON'T THINK IT'S GOING TO TURN INTO THE KATY TRAIL, BUT.

WELL, THAT'S WHERE I MEAN, TRUE.

THAT'S WHERE IT HAPPENED.

AND IT'S PROBABLY NOT GOING TO BE THAT OFTEN.

BUT STILL. NO, I JUST IF WE HAVE TO BECAUSE KEEP SCENIC, SCENIC.

RIGHT. THAT'S THE THEME OF WHAT WE'VE HEARD.

AND I KNOW THAT I LIVE NEAR DIXON ROAD AND PEOPLE STILL COMPLAIN ABOUT THE IMPROVEMENTS TO DIXON AND HOW IT USED TO BE.

AND SO IF WE HAVE TO MAKE SOME COMPROMISES TO HELP PROTECT THE BEAUTY OF THE ROAD, I THINK I'D BE WILLING TO CONSIDER SOME OF THAT.

AND THE OTHER THING I WANTED TO ASK YOU ABOUT WAS WALSINGHAM LANE AND SOME OF THE IMPROVEMENTS. THERE WAS A REQUEST THAT MAYBE SOME OF THOSE IMPROVEMENTS COULD BE ACCELERATED BECAUSE IT SEEMS LIKE THEY'RE ONLY GOING TO IMPROVE IT RIGHT DOWN TO THAT ROAD. AND JUST SOUTH OF THAT, THERE WERE SOME DESIRE TO SEE SOME OF THAT DONE MAYBE EARLIER IN THAT TIMELINE. I DON'T KNOW IF THERE'S ANY WAY TO ACCELERATE THAT OR IF WE JUST HAVE TO WAIT FOR THE SMITH TRACT TO COME FORWARD.

WELL, SO THAT WOULD ACTUALLY BE DESIGNED WITH THE SMITH TRACT.

I CAN TELL YOU, TOWN LIKE PHASE FIVE AND SIX, THEY ARE PRETTY MUCH READY TO GO.

LIKE I SAID, THE SMITH'S TRACT, WE'VE ONLY HAD ONE SUBMITTAL.

IT'S VERY PRELIMINARY, SO I'D SAY THAT'S PROBABLY FURTHER OFF INTO THE FUTURE.

SO I THINK COUNCIL RIGHT.

THE OBJECTIVE OF THE DISCUSSION TONIGHT WAS TO TRY TO CLARIFY DIRECTION TO STAFF AND HOW WE WANT TO PROCEED WITH THINGS.

AND THIS IS WHY I CONTINUE TO CAUTION, LIKE WHEN WE MAKE DECISIONS AND THEN A FEW MONTHS DOWN THE ROAD, IT'S KIND OF LIKE, OH YEAH, RIGHT, ESPECIALLY AGAIN.

AND I'M NOT ASKING FOR STAFF TO PROVIDE THIS.

I CAN GO LOOK ON THE INTERNET, BUT, YOU KNOW, 12 FOOT WIDE, REMEMBER WHEN WE HAD THAT DISCUSSION AND IT SEEMED LIKE IT WAS REALLY WIDE AND IT WAS REALLY EXPENSIVE.

SO NOW THAT WE'VE KIND OF DONE THAT AND WE'RE LOOKING AT ANOTHER MASTER PLAN CHANGE, RIGHT, BECAUSE THERE'S DIFFERENT MASTER PLANS.

SO NOW WE'RE GOING TO MAYBE CHANGE THE PLAN AGAIN, BUT I THINK WITH THE OVERALL DIRECTION THAT WE PROVIDE STAFF, I WOULD JUST ASK COUNCIL TO MAKE SURE THAT, YOU KNOW, WE'RE KEEPING WHAT IT'S HARD TO SIT UP HERE AND MAKE DECISIONS WITH THINGS THAT ARE IN FRONT OF YOU AND THEN EIGHT MONTHS LATER SOMETHING ELSE COMES IN FRONT OF YOU.

SO I GET THAT RIGHT.

BUT I WOULD JUST SAY THAT IF WE COULD TRY TO KEEP IN MIND AGAIN, SCENIC, FLOWER MOUND.

I DON'T WANT TO DO TWO ROAD PROJECTS, BUT WE ALSO DON'T NEED TO PUT IN A SUPER HUGE LIKE HIGHWAY RIGHT NOW IF WE CAN MAYBE MAKE IT BETTER.

WELL, TO THAT POINT, MR. MAYOR, I APPRECIATE THAT VERY MUCH.

CAN WE GO BACK TO SLIDE SEVEN, PLEASE? SO IS THIS SUGGESTING THAT WHAT WE MIGHT REALLY WANT TO CONSIDER IS A LOCAL RESIDENTIAL STATE VERSUS A RURAL COLLECTOR THAT WE WOULD SAVE 20FT? AND IN SO DOING, WE'RE STILL GOING TO HAVE A SIMILAR TRAFFIC CAPACITY.

SO THAT MIGHT BE A WAY TO ACHIEVE WHAT YOU'RE TALKING ABOUT.

RIGHT? IS THAT TRUE? MASTER PLAN AMENDMENT.

YEAH. SO. BUT IT'S TO THE BENEFIT.

I AGREE. IT'S KEEPING SCENIC, SCENIC, RIGHT? YEAH. WELL, I WOULD SAY THAT'S WHY WE'RE HERE IS TO [INAUDIBLE] US AND SO THESE ARE THE TWO EXISTING CROSS SECTIONS THAT WE HAVE.

SO THEY YOU KNOW, THE OTHER THING, TOO, WOULD BE ONE OF THE THINGS YOU WOULD WANT TO CONSIDER IF YOU'RE CONSIDERING THIS WOULD BE, ARE WE GOING TO TREAT IT LIKE THE LOCAL ESTATE AND HAVE THE MAINTENANCE OF THE BAR DITCHES, THE HOA, OR WOULD THAT BE PUBLIC RIGHT OF WAY? RIGHT.

YOU'VE GOT A MIXED BAG OUT THERE, THOUGH.

I MEAN, YOU'RE GOING TO HAVE IF THE SMITH TRACT GOES FORWARD, YOU CAN HAVE AN HOA.

BUT OTHER THAN THAT, YOU'VE GOT INDIVIDUAL LANDOWNERS.

SO THAT'S ANOTHER THING TO CONSIDER.

[03:10:05]

WHAT IS THE TIMELINE AGAIN OF WHEN WE NEED TO HAVE THIS NEXT DISCUSSION TO DECIDE OR IS THIS GOING TO BE IT AND YOU'RE GOING TO GO FORWARD? NO. SO THIS IS I WOULD SAY PROBABLY THE ONE OF THE FIRST CONVERSATIONS THAT WE'LL HAVE ON. OKAY. YOU KNOW, I KNOW YOU ALL ASKED FOR MORE INFORMATION.

SO THIS IS JUST THIS IS WHAT OUR CURRENT THOROUGHFARE PLAN IS.

AS FAR AS WHERE WE'RE AT, WE'RE GOING TO START PURCHASING THE RIGHT OF WAY.

THE PLAN WAS NEXT YEAR.

OKAY. AND THEN PHASE FIVE AND SEVEN, THEY ARE PRETTY MUCH READY TO GO.

WHAT'S THE CURRENT RIGHT OF WAY WITH WHAT IT HAS RIGHT NOW? HIGHLY VARIABLE. AS MR. ENGEL SAID, SOME OF THE FENCE LINE IS RIGHT UP AGAINST THE PAVEMENT.

AND WHENEVER WE'VE HAD SOME DRAINAGE ISSUES, IT'S VERY HARD TO ACCOMMODATE THE DRAINAGE WITHIN THE RIGHT OF WAY BUT.

AND WHERE'S THE SLIDE WITH THE PCI SCORE SLIDE TWO, I GUESS BECAUSE SOME OF THOSE ARE IN NEED OF ATTENTION, RIGHT? YES. THE ASPHALT SECTION, WHICH, BY THE WAY, I DID TAKE A RIDE AROUND THE AREA AND CHECKED OUT THE ASPHALT.

SO I STILL PREFER CONCRETE.

AND WOULD THAT BE IN THE PLAN TO REPLACE IT REGARDLESS IF WE GO WITH THE 60 OR THE 80? WOULD IT BE ALL CONCRETE GOING FORWARD? I WOULD SAY IT WOULD DEPEND BECAUSE THE TYPICAL WAY I WOULD TREAT THIS WOULD BE IF WE WERE GOING TO ACTUALLY TAKE IT TO THE FULL SECTION, THEN WE WOULD GO WITH MATCH THE THOROUGHFARE PLAN. THAT WOULD BE CONCRETE.

IF WE WERE JUST DOING MAINTENANCE ACTIVITIES, TRYING TO KEEP IT THE SAME WAY, THEN I WOULD GO BACK AND DO AN ASPHALT REHAB.

BECAUSE I WOULD REALLY LIKE TO SEE IT ALL BE CONCRETE MYSELF.

BUT I DON'T KNOW.

THERE'S JUST A LOT TO THINK ABOUT.

AND SO WITH A PCI OF 43 ON THAT ASPHALT SECTION, WHAT WOULD THAT ENTAIL TO RESTORE THAT ROAD TO IMPROVE IT? WELL, SO WE'VE ACTUALLY BEEN WATCHING THIS SECTION FOR A FEW YEARS AND WE'VE HAD A COUPLE HIGHER PRIORITIES WITH OUR MAINTENANCE FUNDING.

I WANT TO SAY THIS WAS OVER $200,000 TO RECONSTRUCT IN ASPHALT, NOT CONCRETE.

CORRECT.

CONCRETE WOULD BE MORE SIGNIFICANT.

CAN YOU PUT THE SLIDE UP THAT HAS THE TRAIL MAPS ON IT? AND SO I THINK ONE OF THE THINGS MR. SCHIESTEL YOU SAID WAS THAT KIND OF COMBINING THE TRAIL AND THE BIKE LANE HERE.

SO ONE OF THE DESIGN COMPONENTS WILL BE FIGURING OUT HOW YOU WOULD DO THAT.

WELL, IF YOU CONVERTED IT TO A LOCAL ESTATE.

WAS THAT WHAT IT WAS? LOCAL ESTATE.

THEN YOU WOULDN'T NEED THE BIKE LANES.

YOU WOULD JUST HAVE THE HIKING BIKE TRAIL.

AND WHAT I'M LOOKING AT IS THIS SECTION OF SCENIC THAT GOES FROM THE TRAIL CONNECTION TO THE OTHER TRAIL CONNECTION TO THE SOUTH.

IF IT'S A 12 FOOT WIDE TRAIL, I BELIEVE THAT OUR CYCLING COMMUNITY COULD JUST USE THE TRAIL THEY WOULDN'T NECESSARILY NEED TO RIDE.

I KNOW THAT NOT ALL OF THEM WANT TO RIDE ON A TRAIL, A 12 FOOT WIDE TRAIL VERSUS THE ROAD, BUT THERE'S NO INTERSECTIONS.

RIGHT. AND A 12 FOOT WIDE TRAIL IS A VERY GENEROUS TRAIL.

AND I DO BELIEVE THAT CYCLISTS COULD USE IT.

YOU COULD HAVE SOME.

I MEAN, RIVER OAKS, DEPENDING UPON WHERE YOU PUT THE TRAIL SYSTEM ON WHAT SIDE OF THE ROAD. OKAY. YOU GOT KENSINGTON COURT COMES OUT, YOU GOT RIVER OAKS COMES OUT ONTO THAT.

THERE'S SOME OTHER RESIDENTIAL DOWN AT THE BOTTOM END OF IT.

BUT THEY'RE ALL, FROM WHAT I UNDERSTAND, WITH THE SMITH TRACT, WHEN THAT COMES FORWARD, THE FIRE DEPARTMENT WANTS ACCESS TO COME ACROSS FOR ACCESS THERE.

SO THERE WILL BE SOME ENTRANCE POINTS ON THE WEST SIDE OF SCENIC TO GET TO THAT TRACT AS WELL. I GUESS WHAT I'M GETTING AT IS IF YOU'VE GOT THE OPTION OF THIS 12 FOOT WIDE TRAIL, THEN CONVERTING SCENIC TO A LOCAL ESTATE FROM THOSE CONNECTING POINTS WOULD SAVE US THAT WIDTH OF THE BIKE LANE.

AND STILL, I DON'T WANT TO LEAVE THE BICYCLING COMMUNITY OUT, YOU KNOW, HANGING THEM OUT TO DRY. IT SEEMS LIKE THEY'RE WELL SERVED WITH THAT TRAIL MAP, EVEN IF THAT'S CONVERTED TO A LOCAL ESTATE.

SO CLAY, NOT TO PUT YOU TOO MUCH ON THE SPOT.

WELL, WE JUST DID WAKETON WHERE THE NEW TRAFFIC CIRCLE IS, AND WHILE IT'S MUCH IMPROVED TO ME, STILL FEELS KIND OF SKINNY.

I'M NOT UP ON ALL MY STREET NOMENCLATURE, BUT CAN YOU.

SO WHAT DOES WAKETON LOOK LIKE COMPARED TO THIS? IS IT SMALLER THAN THESE? BIGGER THAN THESE? WHICH SIDE OF WAKETON AND THE EAST FROM THE TRAFFIC CIRCLE.

THE ONE THAT WE JUST REDID [INAUDIBLE].

YEAH, BECAUSE IT SEEMS LIKE IT'S KIND OF STILL A SKINNIER ROAD.

IT WOULD HAVE. ITS TWO LANE IN BETWEEN.

YEAH. BRIDLEWOOD BOULEVARD AND THE TRAFFIC CIRCLE WHERE WE JUST REDID THAT.

YEAH. SO THIS IS THE DIFFERENT COLLECTOR SECTIONS.

AND SO THIS IS AN URBAN COLLECTOR AND THE PAVEMENT IS 36FT WIDE.

IT IS THAT WIDE. SO WAKETON IS 13FT.

[03:15:03]

SO SORRY.

SO I DIDN'T MEAN TO PUT YOU GUYS ON THE SPOT.

I WAS JUST TRYING TO PUT IT, YOU KNOW, I'M A VISUAL GUY.

I WANT TO SEE LIKE STREET AND THEN BIGGER.

IS IT BIGGER OR SMALLER? SO THESE THESE ARE FLOWER MOUND THOROUGHFARE SECTIONS.

RIGHT? THAT SECTION OF ROAD IS IN DOUBLE OAK.

AND THEY ACTUALLY SHRUNK THE ROAD SECTION A LITTLE BIT.

SO WE'VE DONE THAT BEFORE, RIGHT? WE'VE SHRUNK MORRIS.

EAST OF THE TRAFFIC CIRCLE. SO THAT IT DOESN'T CONFORM TO OUR STANDARD.

IS THERE A PROCESS IF WE WANTED TO MAKE ADJUSTMENTS TO CERTAIN SECTIONS OF THE ROAD TO ACCOMMODATE THAT? OR IS DO WE JUST BUILD IT HOW WE BUILD IT AND NO COMPROMISE? SO TYPICALLY WE WOULD YOU KNOW, THIS THE REASON YOU HAVE THE THOROUGHFARE PLAN IS BASICALLY SERVE AS A PLANNING DOCUMENT AND THAT GIVES US DIRECTION ON WHICH WAY TO GO.

IF WE DO WANT TO CHANGE IT, THEN IT WOULD BE A MASTER PLAN CHANGE AND WE'D PROBABLY TAKE IT, THE TRANSPORTATION COMMISSION AND DO THE WHOLE NINE YARDS.

YEAH. PERSONALLY, I THINK WE OUGHT TO KICK IT BACK TO TRANSPORTATION AND SEE WHAT THEY COME UP WITH BECAUSE I DON'T THINK OUR STANDARD IS APPLICABLE IN THIS PARTICULAR CASE. THAT'S WHAT I WOULD OFFER.

I AGREE. I'M GOOD WITH THAT.

SO WE'D SEND IT TO TRANSPORTATION TO CONSIDER RECLASSIFYING IT AS A LOCAL ESTATE IN THE SECTION BETWEEN THE TRAILS.

OKAY. YEAH, I'D BE I THINK THAT'S WOULD BE A GREAT DISCUSSION.

YOU WANT US TO BRING THEM OPTIONS OR JUST THAT COMPARED TO WHAT WE HAVE? YEAH. BRING THEM OPTIONS. CAN WE MAKE SURE THAT WE UNDERSTAND WHERE THESE TREES ARE AND KIND OF SHOW THAT WHEN THEY DO THIS, ESPECIALLY ANY SPECIMEN TREES? YEAH. ALTHOUGH HONESTLY, I'M HAPPIER WITH FEWER TREES, RIGHT ENCROACHING ON THE ROADWAY BECAUSE IF YOU HIT ONE OF THOSE, THAT'S BAD BAD.

SO YEAH.

AND I WOULD SAY WE HAVE NOT DONE A TREE SURVEY AND I DON'T BELIEVE THAT THE DEVELOPER [INAUDIBLE] SMITH TRACT HAS GOTTEN THAT FAR YET AS WELL.

I COULD BE WRONG. YEAH.

THEY HAVEN'T. SO BUT AGAIN, LIKE I WAS SAYING, WE ALWAYS TRY TO PRESERVE AS MANY TREES AS POSSIBLE. WE DON'T GO IN THERE AND CLEAR CUT.

AND ALSO I WOULD JUST BE INTERESTED IN KNOWING FOR SURE, BASED ON THE POTENTIAL NUMBER OF LOTS WITHIN THE SMITH TRACT AND THE FORMULAS FOR HOW MANY CARS PER HOUSE, HOW DOES THAT AFFECT THE CAPACITY THAT'S NEEDED? AND IS THERE A DIFFERENCE BETWEEN THE 80 AND THE 60 THAT WOULD BE SUBSTANTIALLY WORSE GIVEN HOW MANY PEOPLE WE EXPECT TO BE THERE? AND THAT WOULD BE SOMETHING THAT WOULD BEAR OUT THROUGH THE TIA.

BUT I'VE GOT MATT HERE, TOO.

BUT BASICALLY, AS HE AND I HAVE BEEN TALKING, THERE'S NOT MUCH FROM A TRAFFIC CAPACITY. IT WOULDN'T BE MUCH.

26 FOOT. I WASN'T SURE IF A TIA WOULD BE REQUIRED FOR THIS DEVELOPMENT OR IS IT FOR EVERY SINGLE ONE? I KNOW SOME DON'T HAVE IT HAVE TO HAVE A TIA, RIGHT? YES, THAT'S CORRECT.

OKAY. RESIDENTIAL. SO IN SUMMARIZING DIRECTION.

WE'RE GOING TO ASK STAFF TO KICK IT BACK TO TRANSPORTATION AND GIVE THEM EVERYTHING THEY NEED WITH PICTURES OF TREES.

DOES THAT MAKE SENSE? DID I GET THAT OKAY? YEP. AS LONG AS I'M GETTING THE VERTICALS FROM STAFF OVER THERE SMILING LIKE, OKAY, I GOT IT. PLUS, YOU CAN ALWAYS REWATCH THE TAPE, RIGHT? SO. EXACTLY. AND WE'LL TRY TO PUT SOMETHING TOGETHER ON THE TREES.

ALL RIGHT. DOES COUNCIL HAVE ANYTHING ELSE FOR STAFF? ALL RIGHT. THANK YOU, MR. RIGGS. ALL RIGHT.

SO ITEM NUMBER 7, CHARTER REVIEW NAMES AND CHARGE.

SO WE DON'T HAVE A FORMAL STAFF PRESENTATION.

BUT JUST FOR EVERYONE STILL WATCHING AT HOME, WE'RE GOING TO BE TALKING ABOUT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, CREATING A CHARTER

[K7. Charter Review Names and Charge]

REVIEW COMMISSION, APPROVING A CHARGE FOR THE CHARTER REVIEW COMMISSION, PROVIDING THAT THE TOWN COUNCIL SHALL APPOINT MEMBERS TO THE CRC, MAKING FINDINGS RELATIVE THERETO AND FOR PROVIDING AN EFFECTIVE DATE.

AS WE HAD ALREADY DISCUSSED, DOES THE STAFF HAVE ANY INPUT BEFORE I KEEP GOING.

I THINK IT IS BEST TO TAKE THIS IN TWO PARTS.

IT WOULD BE VERY HELPFUL FOR US TO AT LEAST GET THE NAMES OUT OF THE WAY FOR THE FOLKS WHO YOU ALL HAVE SELECTED TO SERVE, AND THEN WE CAN GO MORE INTO THE DISCUSSION OF CHARGE IF THAT'S ACCEPTABLE.

YEAH, I THINK THAT'S A GOOD IDEA.

AND THEN ALSO JUST TO REMIND COUNCIL, SO FOR THE MOTION, WE NEED TO INCLUDE LIKE WE USUALLY DO PART OF THE AGENDA PARAGRAPH THERE AND THEN ALSO THE NAMES.

AND THEN DON'T FORGET TO INCLUDE THAT THEY'RE ALSO SUPPOSED TO APPROVE A CHARGE FOR THE CHARTER REVIEW COMMISSION.

SO LET'S TALK ABOUT NAMES.

SO I'M LISTED FIRST ON HERE ON THE AGENDA, ACTUALLY.

SO I WILL BE NOMINATING MR. STEVE DIXON AS CHAIR AND VOTING MEMBER.

NEXT ON MY LIST IS MAYOR PRO TEM, MR. ENGEL. I WILL BE NAMING MIKE WALLACE.

[03:20:04]

MR. WALLACE.

NEXT IS MY DEPUTY MAYOR PRO TEM, MS. ANN MARTIN. I'M VOLUNTEERING MYSELF.

COUNCIL MEMBER SCHIESTEL.

I NOMINATE SANDEEP SHARMA.

COUNCIL MEMBER TAYLOR IS ABSENT THIS EVENING, BUT HE HAS NOMINATED MR. GREG WILSON.

COUNCIL MEMBER DREW.

I NOMINATE RICK LUST.

SO I HAVE MR. STEVE DIXON AS CHAIR AND VOTING MEMBER.

I HAVE FROM MR. ENGEL MIKE WALLACE.

I HAVE ANN MARTIN NOMINATING HERSELF.

SANDEEP SHARMA.

GREG WILSON.

RICK LUST.

SORRY. SO I GUESS THE ONLY THING WOULD BE WE HAD TALKED ABOUT HAVING A MEMBER OF COUNCIL SERVE ON THE CHARTER REVIEW COMMISSION.

AND IT SOUNDED LIKE WE ALL KIND OF AGREED THAT THAT WOULD BE OKAY IF IT WAS THAT PERSON NOMINATING THEMSELVES.

RIGHT? SO I'M PERSONALLY OKAY WITH THAT.

BRYN, IS THERE ANY SORT OF LEGAL STANDPOINT? THERE'S NO ISSUE. THIS WOULD BE A PURELY ADVISORY BOARD.

AND JUST ONE THING I WILL ADD WHEN YOU'RE TALKING ABOUT A CHARGE, BECAUSE HAVING SAT THROUGH A COUPLE CHARTER REVIEW COMMISSIONS, THERE WAS SOME CONCERNS OR KIND OF NOT CLEAR WHEN THE GROUP INITIALLY MET, IF THE CHARGE FROM THE COUNCIL IS AS A BODY AS A WHOLE ARE OR IF EACH INDIVIDUAL CHARTER REVIEW COMMISSION IS TAKING THE CHARGE FROM THEIR SPONSOR THAT PUT THEM ON THE BOARD TO BRING ITEMS FORWARD.

IT'S BEEN THAT WAY IN THE PAST AND I THINK THERE WAS SOME CONFUSION IF, YOU KNOW, THOSE INDIVIDUALS WERE BRINGING FORWARD ITEMS BASED ON WHAT THAT PERSON, THAT COUNCIL MEMBER WHO SELECTED THEM SAID THEY WANTED THEM TO LOOK INTO.

SO WHEN YOU ARE DISCUSSING, JUST KEEP THAT IN MIND JUST SO THERE'S NO CONFUSION THERE.

BUT PERSONALLY, I THINK THIS CAN BE VERY FLUID WHERE THINGS ARE ADDED AS THINGS COME ALONG, BUT THAT'S UP TO YOU ALL.

I JUST WANT TO MAKE SURE THAT WAS MENTIONED.

SO COUNCIL, I THINK THAT, SO THIS IS SORT OF A VERY THIS DOESN'T HAPPEN VERY OFTEN, RIGHT? AND I THINK THAT I WOULD LIKE TO SEE INCLUDED IN THE CHARGE, YOU KNOW, WE NEED TO GO THROUGH SORT OF ADMINISTRATIVELY, ARE WE IN CONFLICT WITH ANY LAWS? DOES THINGS NEED TO BE UPDATED? HAVE WE BEEN MAKING EXCEPTIONS TO THINGS? BECAUSE IT'S WE WERE REQUIRED TO BECAUSE OF THE CHARTER.

SO THAT NEEDS TO BE UPDATED LIKE AN ADMINISTRATIVE UPDATE.

RIGHT. WHAT'S CHANGED SINCE THEN AND WHAT DO WE REALLY NEED TO DO TO GET COMPLIANT AND GET TO HOW WE'RE CURRENTLY OPERATING TODAY? RIGHT. AND THEN ANOTHER PART OF THAT CHARGE I THINK WOULD BE, WHILE WE'RE NOMINATING PEOPLE TO SAY WHAT DO WE NEED TO DO BETTER, WHAT DO WE NEED TO DO DIFFERENT, AND THINGS LIKE THAT, RIGHT. YEAH.

THERE'S, YOU KNOW, SO I ATTENDED BEFORE I WAS ELECTED, I ATTENDED THE CHARTER REVIEW COMMITTEE MEETINGS, A COUPLE OF THEM, AND I ALSO WAS PART OF THE 2019 WHEN WE PUT THE ITEMS ON THE BALLOT FOR PROPOSALS FOR CHARTER AMENDMENTS.

AND YOU KNOW, THERE WERE ITEMS THAT THE PAST, CHARTER REVIEW COMMITTEES HAVE LOOKED AT AND SOME CAME FORWARD FOR A VOTE, SOME DID NOT.

I THINK THAT IN REALITY, WE WANT TO ALSO CHARGE THE CHARTER REVIEW COMMITTEE TO LOOK AT ITEMS THAT HAVE PREVIOUSLY BEEN DISCUSSED AND TO SEE WHETHER, I MEAN, THERE WERE THREE ITEMS IN 2019 THAT FAILED.

AND REALISTICALLY, FROM AN EFFICIENCY PERSPECTIVE, EVERY SINGLE ONE OF THEM SHOULD HAVE PASSED. BUT WE HAD A REALLY LOW VOTER TURNOUT THAT YEAR.

IT WAS ONLY LIKE 3200 PEOPLE WENT TO THE POLLS AND AND THEY DIDN'T PASS.

AND IN MY OPINION, THEY SHOULD HAVE.

BUT SO I'D LIKE THE COMMITTEE TO GO BACK AND LOOK AT ITEMS THAT WERE PREVIOUSLY CONSIDERED AND SEE WHETHER THEY'RE APPLICABLE.

AND BECAUSE THEN WE WILL REVIEW THEM AT THIS POINT AND SAY, OKAY, SHOULD WE TAKE THESE FORWARD OR NOT? I'M GOING TO ADD TO THAT JUST A LITTLE BIT.

SO BRYN WE CAN HAVE WE'LL HAVE A CHARTER ELECTION IN 24.

WE CAN HAVE ANOTHER ONE IN 25.

RIGHT? IF WE WANTED TO? TWO YEARS? NO, IT'S A TWO YEAR, TWO YEAR WAITING PERIOD.

SO TWO YEARS WE CAN HAVE ANOTHER ONE IN 2016.

SO WHAT I WOULD LIKE OUR SO IF THE MATH WORKED OUT.

SO IRONICALLY, THERE'S SOME CASE LAW THAT MANDATES THAT A YEAR IS 365 DAYS.

[03:25:03]

SO IN FACT, WHEN WE WERE FIRST RETAINED, WE WERE PLANNING ON HOLDING A CHARTER ELECTION TWO YEARS FROM THE LAST ELECTION, AND THE MATH DIDN'T WORK AND WE HAD TO CANCEL IT.

OKAY. SO WHAT I'M CONCERNED ABOUT, I GUESS, IS IF THIS IF THE CHARTER REVIEW COMMITTEE HAS A LARGE NUMBER OF RECOMMENDED ITEMS AND WE DON'T WANT TO PUT 10, 15 THINGS ON THE BALLOT, I WOULD LIKE THE CHARTER COMMITTEE TO RANK THEM TO HAVE THEIR TOPS AND THEN WHATEVER COMES BEFORE THAT.

AND THEN WE PICK HOWEVER MANY WE THINK IS APPROPRIATE TO PUT ON ONE BALLOT AND THEN COME BACK IN TWO YEARS WITH MAYBE ITEMS FINE.

AND THEN WE DON'T NECESSARILY HAVE TO HAVE A COMMITTEE.

WE CAN JUST LOOK AT WHAT DIDN'T MAKE THE CUT THE FIRST TIME AND SEE IF WE WANT TO HAVE A SECOND ELECTION IN TWO YEARS AND PUT SOME OF THOSE REMAINING ITEMS ON THERE, RANKING THEM.

THEY MAKE RECOMMENDATIONS ON A RANKING, BUT WE WOULD ULTIMATELY DECIDE WHICH ONES TO GO FORWARD. YEAH, BUT BRING JUST HAVE THEM RANKED.

THEN WE WOULD DECIDE AND THEN WE'D HAVE KIND OF THOSE ONES THAT DIDN'T MAKE THE CUT AND THEN IT MIGHT GIVE US A CHANCE TO DO THIS A LITTLE MORE EFFICIENTLY THE NEXT TIME AND NOT LEAVE SOME OF THOSE THINGS ON THE TABLE.

YEAH, I MEAN, IT WAS A FLUKE, BUT I WAS LOOKING FOR SOMETHING TODAY ON ANOTHER ITEM AND I CAME ACROSS SOME INFORMATION THAT THERESA PREPARED FOR US BACK IN FEBRUARY OF 19, THE LAST TIME WE TALKED ABOUT THIS.

AND IT WAS LIKE, WELL, THIS IS INTERESTING, YOU KNOW, GOING DOWN MEMORY LANE.

BUT YEAH.

ANYONE ELSE FOR INPUT ON THE CHARGE.

I GUESS, MAYOR, THE QUESTION IS, DO WE WANT TO BRING UP OUR OWN ITEMS NOW AND DECIDE IF THEY SHOULD BE CONSIDERED? OR DO WE JUST HAVE KIND OF WE JUST GIVE THEM TO OUR MEMBER AND THEN THE PUBLIC CAN BRING THEIR OWN AND WE JUST LET IT KIND OF BE AN OPEN PROCESS, BUT WE DON'T NECESSARILY HAVE TO HAVE COUNCIL AGREEMENT FOR THEM TO EVEN CONSIDER SOMETHING. SO I HAVE LIKE THREE ITEMS ON MY LIST.

I DON'T KNOW IF WE NEED TO TALK. THINK THAT'S WHAT THERESA WAS GETTING TO DO.

WE WANT. RIGHT. SO I THINK WE SHOULD DECIDE, DO WE WANT TO GO? WHICH WAY OR THE OTHER? YEAH, I. GO AHEAD.

BUT IF YOU'RE ASKING ME, I THINK THAT WE NEED TO EMPOWER THEM TO SOLICIT THE INPUT.

WE PROVIDE THEM THE INPUT THEY GET TOGETHER, AND THEN THEY PRESENT US WITH SOMETHING.

AND I WOULD LIKE TO SEE IT NOT JUST, YOU KNOW, SEVERAL MEETINGS AND THEN ONE PRESENTATION. IT'D BE GREAT IF THERE WAS SOME WORK AND THEN A PRESENTATION AND FEEDBACK AND THEN MAYBE SOME WORK AND THEN A PRESENTATION AND FEEDBACK.

AND EVEN IF THAT IS, YOU KNOW, NOT A BIG FULL WORK SESSION, BUT JUST SOMETHING THAT THEY'VE, YOU KNOW, WORK PRODUCT OR IDEAS OR SOMETHING THEY WANT TO BRING TO US SO THAT WE'RE NOT TAKING THIS HUGE TASK AND SPENDING A WHOLE LOT OF TIME.

AND THEN WE'RE GOING HOURS AND HOURS THROUGH SUGGESTIONS AND WE ONLY END UP WITH THREE.

RIGHT. DOES THAT MAKE SENSE? YEAH. SO I HAVE LIKE, I HAVE SOME LIKE WE HAD THREE ITEMS IN THE PACKET THAT WERE BROUGHT FORWARD FROM STAFF AND I HAVE THREE ITEMS OF MY OWN WHICH I CAN THEN SHARE WITH THERESA AND MY NOMINEE AND THEN THAT WILL GET THEM ONTO AN AGENDA FOR THE COMMISSION.

AND THEN IF THAT'S THE PROCESS, THEN I'M GOOD WITH THAT PROCESS.

YEAH, I THINK THAT'S THE WAY IT SHOULD.

DO YOU GUYS HAVE ANY INPUT, CHRIS? YES, I'M FINE WITH IT.

I MEAN, YEAH, I'M FINE WITH THAT.

UNLESS YOU'D RATHER TRY TO. WELL, THE ALTERNATIVE WOULD BE TO LIMIT WHAT THEY'RE ALLOWED TO CONSIDER TO JUST THE THINGS WE WANT THEM TO CONSIDER.

AND THAT'S OKAY, BECAUSE IT'LL MAKE IT A LOT FASTER.

BUT I MEAN, I THINK WE SHOULD JUST BE TRANSPARENT AND SAY LIKE WE LIKE WHAT WE JUST SAID. LIKE I WAS PICKING UP LIKE FOUR DIFFERENT ITEMS, RIGHT? LIKE FOUR DIFFERENT KIND OF IF, IF YOU LIMIT WHAT THEY LOOK AT, WE COULD BE TOTALLY MISSING THE BOAT WHERE THEY GO THROUGH IT.

AND I THINK THAT'S A BAD DECISION TO DO.

I'M FINE WITH THAT.

SO JUST IF YOU HAVE YOUR YOUR SELECTED ITEMS, I THINK PROVIDE THAT AND THAT GOES ON TO A LIST FOR THEM TO LOOK AT.

OKAY. YEAH, I THINK THAT'S A GOOD PROCESS.

AND THEN THERESA. HOW ARE THESE MEETINGS? AND MAYBE I MISSED IT.

I'M SORRY, BUT HOW ARE THESE MEETINGS WITH THE CHARTER REVIEW COMMISSION ACCOMPLISHED? IS IT IN HERE IN THE BIG ROOM, FORMAL OPEN MEETINGS, ACT KIND OF THING.

AND THEN, YOU KNOW, MR. DIXON HAS PUBLIC COMMENT.

AND THEN IS IT IS IT LIKE A FULL BLOWN COMMISSION? TYPICALLY, IT HAS NOT BEEN PUBLICIZED AND BROADCAST IN THIS ROOM, AND THAT DOES LIMIT THE DATES THAT THEY COULD PICK FROM BEING ALL THE MEETINGS WE HAVE, AS WELL AS ONE OF THE MEMBERS NOW BEING A P AND Z MEMBER, AT LEAST UNTIL THE END OF SEPTEMBER, WE'RE LIMITED TO MONDAYS ARE PRETTY MUCH OFF THE TABLE.

BUT THAT'S NOT TO SAY IF YOU ALL WANTED IT TO DO IT DIFFERENTLY, YOU COULD PROVIDE THAT DIRECTION THAT YOU DO WANT THEM TELEVISED AND BROADCAST IN THIS ROOM AND WE CAN MAKE THAT HAPPEN AND WORK WITH THE DATES THAT ARE AVAILABLE.

BUT TYPICALLY IN THE PAST WE'VE MET AT DIFFERENT LOCATIONS.

WE'VE EVEN MET AT THE FIRE STATION OVER ON SHILOH.

AND THAT ALLOWED PEOPLE MAYBE ON THE WEST SIDE THAT WANTED TO COME SPEAK DURING PUBLIC COMMENT BECAUSE THERE GENERALLY WAS ALWAYS A PUBLIC COMMENT OPPORTUNITY AND YOU MEET IN DIFFERENT LOCATIONS SOMETIMES ALLOWS PEOPLE THAT MIGHT NOT PARTICIPATE JUST BECAUSE IT'S

[03:30:02]

IN THEIR BACK DOOR.

BUT AGAIN, THAT'S JUST HOW IT'S BEEN DONE IN THE PAST.

TO ANSWER YOUR QUESTION, YEAH, I THINK THAT'S A GREAT IDEA.

COUNCIL TO KEEP IT AS.

SERIOUS BUT LOW KEY.

RIGHT. AND PRODUCTIVE.

RIGHT. AND PRODUCTIVE IS POSSIBLE.

I DO TAKE MINUTES, SO I AM KEEPING TRACK OF, YOU KNOW, BASIC THINGS, JUST AS I DO WITH YOU ALL FROM JUST CATCHING THE HIGHLIGHTS OF WHAT WAS DISCUSSED.

SO THERE'S MINUTES BEING TAKEN.

SO I SIT WITH EVERY ONE OF THEM.

SO DO WE NEED TO REHASH THOSE FOUR SORT OF CHARGES OR CAN WE.

APPROVE THAT.

NOW AND JUST SAY THAT'S THE CHARGES.

I COULD PUT IT INTO THE MOTION.

RIGHT? IT WOULD BE HELPFUL.

JUST SO THERE'S NO AMBIGUITY IN THE PROCESS TO JUST KIND OF SUMMARIZE THOSE THINGS.

BUT I DID I AM HEARING ACTUALLY TWO DIFFERENT THINGS THAT YOU ALL HAVE KIND OF OUTLINED SOME THINGS AS WELL AS COUNCIL MEMBER.

SCHIESTEL HAS SOME ITEMS THAT HE WANTS HIS INDIVIDUAL SELECTED CANDIDATE TO CHARTER REVIEW COMMISSION MEMBERS, EXCUSE ME, TO BRING FORWARD.

SO ARE WE DOING A LITTLE BIT OF BOTH? ARE YOU ARE ACCEPTING BOTH OR WOULD YOU ALL LIKE COUNCIL MEMBER SCHIESTEL TO OUTLINE THOSE THAT IT COULD BE INCLUDED IN THE MOTION? I THINK WE CAN LET HIM HAVE SOME LEEWAY WITH THAT, THAT HE DOESN'T HAVE TO PRESENT IT RIGHT NOW IN THIS MOMENT, AND HE MAY DISCUSS IT WITH HIS REPRESENTATIVE OR COMMISSIONER AND THEN BRING IT FORWARD AS NEEDED, IF YOU'RE OKAY WITH THAT.

THE CHARGE THEN WOULD BE THAT THE MEMBERS OF THE COMMISSION CAN ORIGINATE ITEMS, BASICALLY. AND SO THEN I WOULD JUST HAVE HIM ORIGINATE THOSE ITEMS OR ASK HIM TO OR, OR MAYBE MEMBERS OF COUNCIL CAN ALSO PROVIDE ITEMS TO BE CONSIDERED.

THAT'S KIND OF SORT OF HOW I THOUGHT IT WORKED BY DEFAULT.

YEAH, WELL, I'M JUST SAYING BECAUSE I WASN'T SURE IF WE WERE GOING TO BRING ITEMS HERE AND THEN TALK ABOUT WHETHER OR NOT WE WANTED THE COMMISSION TO.

BECAUSE, I MEAN, OBVIOUSLY, IF SOMETHING'S GOING TO GET GOING TO FAIL TO GET SUPPORT FROM COUNCIL, THEN THERE'S NOT A LOT OF POINT IN SPENDING TIME.

BUT IF WE'RE GOING TO KEEP THE PROCESS OPEN AND THE PUBLIC CAN BRING FORWARD ITEMS AND THE MEMBERS CAN BRING FORWARD ITEMS, THEN IT HAS TO BE OPEN AND THEY JUST HAVE TO TALK ABOUT A LOT OF DIFFERENT THINGS.

EVEN THINGS BETTER THAT WAY TO KEEP IT OPEN AND OPEN TO RESIDENT INPUT.

AND THEN ALSO MAYBE THE COMMISSION AS A WHOLE WILL COME UP WITH A MORE COMPELLING REASON THAT COUNCIL WOULD WANT TO CONSIDER SOMETHING THEY PREVIOUSLY WOULD NOT CONSIDER.

SO. OKAY.

I CAN HAVE AN UNDERSTANDING OF WHAT YOU ALL WANT.

SO IN THE MOTION, IT COULD JUST BE TO APPROVE THE RESOLUTION WITH THE MEMBERS NAMES. AND AS DISCUSSED, UNLESS YOU SEE IT DIFFERENTLY AND I THINK THAT THAT WOULD BE SUFFICIENT. ABSOLUTELY.

JUST THE CHARGE AS DISCUSSED.

IS THERE ANY MORE DISCUSSION? ALL RIGHT. STAND BY FOR A MOTION.

MOVE TO APPROVE A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, CREATING A CHARTER REVIEW COMMISSION CONSISTING OF THE FOLLOWING MEMBERS STEVE DIXON, CHAIR AND VOTING MEMBER MIKE WALLACE AND MARTIN SANDEEP SHARMA GREG WILSON.

RICK LUST. AND TO APPROVE A CHARGE FOR THE CHARTER REVIEW COMMISSION AS DISCUSSED.

SECOND. ANY DELIBERATION ON THAT MOTION.

THERESA, WE HAVE A MOTION AND A SECOND.

AYE. AND COUNCIL MEMBER SCHIESTEL.

AYE. ITEM NUMBER SEVEN CHARTER REVIEW COMMISSION PASSES BY UNANIMOUS VOTE.

DID I MISS SOMETHING, JIM? WERE YOU TRYING TO STOP ME? WELL, IT'S NOT ON HERE.

I'M JUST READING THE DRAFT MOTION AND FILLING IN THE NAMES.

CAN WE CAN ASSUME THAT IT'S EFFECTIVE IMMEDIATELY.

YES. AS DISCUSSED.

THAT'S RIGHT. IT'S. THERE'S AN ASSUMPTION THAT IT'S A GOOD CATCH, THOUGH.

I DON'T HAVE ANY NOTE FOR DISCUSSION UNDER BOARDS AND COMMISSIONS.

IT'S TIME TO GIVE IT BACK. SO WITH THAT, THE TIME IS NOW 934 AND THE TOWN COUNCIL IS

[M. CLOSED MEETING]

CONVENING INTO A CLOSED MEETING PURSUANT TO TEXAS GOVERNMENT CODE.

CHAPTER 551.

SECTION 071, 072, 074 AND 087.

ALL RIGHT. THE TIME IS NOW.

11:12, AND THE TOWN COUNCIL IS RECONVENING INTO AN OPEN MEETING.

[N. RECONVENE]

AS A RESULT OF OUR MEETING, I'LL BE ENTERTAINING A MOTION.

MOVE AUTHORIZATION OF STAFF TO PURCHASE A FIVE FOOT WIDE DRAINAGE EASEMENT ALONG LOT EIGHT, BLOCK B OF THE LAKEMONT ADDITION IN ADDITION TO THE TOWN OF FLOWER MOUND AS DISCUSSED IN CLOSED SESSION.

SECOND. ANY DELIBERATION ON THAT MOTION.

THERESA. WE HAVE A MOTION AND A SECOND.

COUNCIL MEMBER DREW. AYE.