[00:00:06] ALL RIGHT. WITH NO MORE QUESTIONS, I'LL BE OPENING THE PUBLIC HEARING FOR ITEM NUMBER SIX. [A. CALL TO ORDER] CON 23-0003 AND ITEM NUMBER 8TRP23-008. AND THE TIME IS NOW 8:51. SO JUST FOR THE RECORD, I HAVE 13 CARDS THAT ARE NON-SPEAKING CARDS THAT INDICATED THEY WERE IN OPPOSITION TO THOSE AGENDA ITEM NUMBERS. I HAVE QUITE A FEW SPEAKING CARDS HERE, SO JUST CASE WAS EVERYONE WAS HERE IN THE BEGINNING. THE SAME SORT OF RULES APPLY. I'M NOT GOING TO REREAD ALL THOSE PARAGRAPHS AND EVERYTHING. SO TO START US OFF IS GOING TO BE TODD MR. MOBRATEN, I HAVE A NON-SPEAKING CARD FROM CHRISTIE MOBRATEN. IS CHRISTIE HERE? HERE. THANK YOU, MA'AM. MR. MOBRATEN. AND I ALSO HAVE A NOTE THAT YOU HAVE A POWERPOINT PRESENTATION, SO I'D HIGHLY RECOMMEND YOU DON'T SPEAK UNTIL YOU'RE READY. AND IF YOU COULD, AS A REMINDER, REMEMBER TO STATE YOUR NAME AND ADDRESS AND YOU WILL HAVE A TOTAL OF SIX MINUTES. THANK YOU COUNCIL. MY NAME IS TODD MOBRATEN. I LIVE 8904 BALTUSROL DRIVE. IT'S ACTUALLY NOT LANE, IT'S DRIVE. FLOWER MOUND, TEXAS 75022 IN TOUR 218. UM. MY MY STORY, MY PROBLEM. MY SOLUTION IS PRETTY SIMPLE, SO I'LL I'LL MAKE IT QUICK. I DRAGGED MY FAMILY OF FOUR ACROSS THE COUNTRY TWO YEARS AGO TO MOVE TO THE GREAT STATE OF TEXAS TO LIVE LIKE TEXANS AND RAISE A FAMILY WITH GOOD VALUES AND VIRTUES, AND ALSO TO LIVE IN AN AREA THAT WILL ALLOW US TO LIVE A COUNTRY LIFE BUT 30 MILES AWAY FROM ANYTHING, WHICH IS WHAT IT PROPOSES. [D. PRESENTATION(S)] AND BECAUSE OF THAT, WE LANDED IN FLOWER MOUND AND WE WERE AMAZED WITH THE THE GREENERY AND THE UPKEEP OF THE NEIGHBORHOOD. AND WE ENDED UP IN TOUR 218 AS A COMPROMISE FOR MY WIFE NOT WANTING TO LIVE ON A RANCH IN ARGYLE OR DECATUR, THAT WE GOT SOME LAND AND WE'VE GOT THAT FORESTRY AND WILDLIFE AROUND US AND DIDN'T HAVE TO LIVE ON A GOLF COURSE. SO IF YOU LOOK AT THIS MAP HERE, I DON'T KNOW HOW TO ZOOM IN ON THIS THING, BUT WE ARE THE NORTHWEST CORNER. SO YOU GUYS REFERENCED IT A LOT, RIGHT? SO WE ARE LIKE THE MOST HEAVILY IMPACTED ON THE BORDER OF MONTECITO. AND THIS IS THIS IS OUR HOME. AND THIS IS A REASON WHY WE BOUGHT THE PROPERTY. THERE'S LOTS OF HOMES FOR SALE OVERSEEING THE GOLF COURSE. EVEN WE HAVE EASEMENTS. YOU GOT BIG VIEWS FAR FROM YOUR NEIGHBORS. AND WE KNEW THAT THERE WOULD BE A NEIGHBORHOOD BEHIND US, BUT NO IDEA OF ANY PLANS OF HOW CLOSE IT COMES TO THE PROPERTY LINE. AND OUR KIDS LOVE IT. WE GOT TONS OF WILDLIFE. THIS IS FROM THE BACKYARD DEER. THIS IS FROM OUR NEIGHBOR'S YARD. AND IT'D BE DEVASTATING TO THINK THAT THEY STRIPPED THE TREES AND THIS FORESTRY RIGHT ON OUR PROPERTY LINE AND PUT THREE LOTS THAT SURROUND THIS CORNER THAT WE'RE LOOKING AT OUR NEW NEIGHBORS BACKYARDS AND STARING AT EACH OTHER. IT WOULD ACTUALLY DESTROY US IN OUR DREAM AND WHAT WE DID TO GET THAT PROPERTY. AND I'M NOT OPPOSED TO HAVING NEIGHBORS BEHIND US. I UNDERSTAND THAT THERE'S AN INFLUX OF PEOPLE COMING INTO THE DFW AREA. FLOWER MOUND IS VERY POPULAR FOR THE SCHOOLS AND THE FAMILY LIFE, SO NO EXPECTATIONS OF THAT. THEY WOULDN'T WANT TO DEVELOP THAT FULLY OUT. AND I UNDERSTAND I'M A BUSINESS MAN. I UNDERSTAND YOU WANT TO MAXIMIZE SQUARE FOOTAGE FOR DOLLARS, BUT NOT AT THE COST OF, YOU KNOW, PEOPLE'S LIVES AND THE WAY THEY LIVE. AND SO ALL I'M PROPOSING IS THAT THERE'S SOME KIND OF MANDATE, AS IT WERE, SUGGESTIONS TO HAVE A REASONABLE EASEMENT, PRESERVING THE WILDLIFE AND THE FORESTRY BETWEEN THE TWO NEIGHBORS THAT BOTH NEIGHBORHOODS CAN ENJOY. AND THAT'S ALL I'M PROPOSING. SO I HOPE YOU TAKE THAT IN CONSIDERATION. THANK YOU. THANK YOU, SIR. NEXT WILL BE HEATHER BROCK. PLEASE REMEMBER TO STATE YOUR NAME AND ADDRESS, MA'AM. YOU'LL HAVE THREE MINUTES. HELLO, MY NAME IS HEATHER BROCK. I'M AT 8105 FIRESTONE DRIVE. I ACTUALLY DO NOT LIVE ON BALTUSROL OR ANY OF THE NEIGHBORS OR ANY OF THE STREETS THAT YOU SAW. BUT I MOVED TO FLOWER MOUND FOR THE EXACT REASON MR. MOBRATEN SAID. FAMILY LIFE, BEAUTIFUL OPEN LAND, TREES, THE DEER. WE WORK FROM HOME. WE COULD HAVE LIVED ANYWHERE. [00:05:01] WE CAME BACK TO TEXAS THREE YEARS AGO. WITHIN A FEW DAYS OF US MOVING IN, OUR HOUSE CAUGHT FIRE. THERE WAS A RAT IN THE ATTIC AND EVERY SINGLE TOUR 8, TEEN NEIGHBOR CAME TO OUR AID. THEY TOOK SHOES FROM THEIR TEENAGERS TO GIVE THEM TO MINE. THEY HOUSED OUR CAT. THEY DUMPSTER DIVE TO LOOK FOR TREASURED TOYS THAT HAD BEEN LOST. TO SAVE THEM FOR MY BOYS. WHAT WE'RE ASKING IS THAT THE COUNCIL REMEMBER WHY PEOPLE MOVED TO FLOWER MOUND AND IT IS TO PRESERVE OUR WAY OF LIFE. WE'RE ASKING FOR THAT CONSIDERATION OF SPACE TO GIVE THE BACKYARDS OF ALL OF THAT. FOR THE WILDLIFE TO REMAIN. ALSO THE LOT TO LOT DRAINAGE ISSUES ARE SEVERE IN TOUR18 AND UNLIKE OTHER PEOPLE HAVE STATED, IT'S NOT JUST WE GET A BIG RAIN THE LOT TO LOT DRAINAGE AFTER OUR HOUSE BURNED DOWN AND WE HAD TO REBUILD IT. WE HAD TO PUT IN OVER $35,000 IN DRAINAGE REPAIR ON OUR LOT ALONE BECAUSE OF THE ISSUES IN 2018. AND THAT'S A HUGE HIT FOR HOMES. SO THAT LITTLE SECTION THAT THEY SHOW IN THAT MAP WHERE THE DEVELOPER WOULD BE RESPONSIBLE, THAT DOESN'T TAKE INTO ACCOUNT EVERY OTHER SINGLE LOT. THIS HOUSE CHANGES, THIS HOUSE PUTS IN A POOL. IT'S GOING TO CHANGE EVERY HOUSE ON THE STREET. WE ONLY HAVE ABOUT 4 OR 5 HOUSES THAT DRAIN DOWN TOWARDS OUR PROPERTY AND WE WERE STILL $35,000 IN AFTER WE REBUILT OUR HOUSE. SO I JUST ASK THAT YOU TAKE THAT INTO CONSIDERATION. THANK YOU SO MUCH FOR YOUR TIME. THANK YOU, MA'AM. AND NEXT, WE'LL HAVE ALYSSA FRANCIS. I HAVE A CARD FROM HEATHER SNYDER. ARE YOU IN THE ROOM? THANK YOU, MA'AM. MISS FRANCIS. I ALSO HAVE THAT YOU HAVE A POWERPOINT, SO MAKE SURE THAT'S ALL UP AND GOING BEFORE YOU START SPEAKING AND YOU'LL HAVE SIX MINUTES. HI, MY NAME IS ALYSSA FRANCIS. I HAVE LIVED IN TOUR 18 AT 8109 FIRESTONE DRIVE SINCE 2016. AND THIS IS MY THIRD YEAR SERVING AS THE WOMEN'S CLUB PRESIDENT FOR OUR NEIGHBORHOOD. ALTHOUGH MY HOUSE ALSO DOES NOT SIT ON A STREET DIRECTLY IMPACTED BY THIS POTENTIAL DEVELOPMENT. I ACTUALLY LIVE NEXT DOOR TO MR. AND MRS. BROCK. I HOUSED THEIR CAT. TRUE STORY. I CARE DEEPLY ABOUT HOW THIS DEVELOPMENT MIGHT IMPACT MY FELLOW RESIDENTS. WHILE I CANNOT SAY THAT I SPEAK FOR ALL OF THEM, I AM HERE TONIGHT TO SPEAK FOR MANY OF THEM. MANY OF US ARE ACTUALLY FEELING A LITTLE BIT BLINDSIDED RIGHT NOW. WE JUST LEARNED ABOUT THIS PROJECT LESS THAN A WEEK AGO, SO I DON'T HAVE A POLISHED PRESENTATION OR A FANCY POWERPOINT. I HAVE PHOTOS, BUT WE'RE JUST REALLY KIND OF DOING OUR DUE DILIGENCE STARTING AT THE BEGINNING. AND FRANKLY, WHAT WE HEARD TONIGHT FROM THE APPLICANT, WE DON'T TRUST THOSE ARROWS ON THE SCREEN AT ALL. THEY DEFINITELY DON'T PAINT THE WHOLE PICTURE OF WHAT WE EXPERIENCE IN TOUR 18. EVERY SINGLE TIME THAT IT RAINS. NOW, I KNOW THAT MOST OF US IN FLOWER MOUND HAVE PROBABLY FORGOTTEN WHAT IT LOOKS LIKE WHEN IT RAINS. AM I RIGHT? OKAY, SO MY SLIDES TONIGHT WILL SHOW YOU EXACTLY WHAT IT LOOKS LIKE IN TOUR 18. EVERY SINGLE TIME WE GET HEAVY RAIN WITHOUT FAIL, EVERY YEAR, EVERY YEAR THAT I'VE LIVED THERE SINCE 2016. THIS HAS HAPPENED NOT JUST IN 2020, AS YOU HEARD TONIGHT. THIS IS ON TOUR 18 DRIVE. AGAIN TOUR 18 DRIVE. WHICH YOU CAN'T SEE UNDER THAT BRIDGE. THERE IS A FOUR AND ONE HALF TO FIVE FOOT DRAINAGE PIPE UNDER THAT BRIDGE THAT IS COMPLETELY FULL OF WATER. MORE FROM TOUR 18 DRIVE. OBVIOUSLY THIS WATER IS COMING FROM SOMEWHERE TO SAY THAT IT DOESN'T COME FROM MONTALCINO. THAT'S JUST NOT EVEN LOGICAL. I'M NOT AN ENGINEER, BUT THAT'S NOT LOGICAL TO SAY THAT THIS WATER ISN'T COMING FROM THE NORTH. IT GOES RIGHT UP TO FRONT DOORS SOMETIMES. [00:10:03] IT IMPACTS EVERY SINGLE RESIDENT BECAUSE ALL OF US HAVE TO DRIVE DOWN TO 18 TO GET TO OUR HOMES. EVERY SINGLE ONE OF US. THESE PHOTOS WERE COLLECTED FROM VARIOUS YEARS, NOT JUST 2020. THIS ONE IN PARTICULAR IS FROM BALTUSROL DRIVE. BY THE WAY. PRETTY TERRIFYING. THIS PHOTO ON THE LEFT IS A RIVER THAT'S NOT NORMALLY THEY'RE JUST RUNNING THROUGH SOMEONE'S BACKYARD ONTO THE STREET. ONE OF THE THINGS THAT MAKES OUR NEIGHBORHOOD UNIQUE IS THAT IT WAS DEVELOPED IN THE LATE 90S AND EARLY 2000S BY SOMEONE WHO PRESERVED ALL OF THESE MATURE TREES AROUND OUR HOMES AS MUCH AS POSSIBLE. AND WE WOULD REALLY HATE TO LOSE ANY MORE TREES DUE TO UNNECESSARY FLOODING. IT APPEARS THAT WHEN OTHER COMMUNITIES ARE DEVELOPED AROUND TOUR 18, THAT DRAINAGE IS NOT BEING CONSIDERED AND ITS EFFECTS ON THE RESIDENTS OF TOUR 18 AND OUR INFRASTRUCTURE. AND WE REALLY NEED THE TOWN COUNCIL TO UNDERSTAND THAT IMPACT. WE KNOW THAT YOU WEREN'T HERE IN 2010 TO APPROVE THIS DEVELOPMENT. WE'RE NOT CASTING ANY BLAME, BUT WE JUST WANT THE IMPACT TO BE UNDERSTOOD. AND VOTE TO ENSURE THAT THIS DOES NOT CONTINUE TO HAPPEN. WE ALSO NEED A DRAINAGE STUDY CONDUCTED, AND MY UNDERSTANDING IS THAT P AND Z VOTED TO APPROVE THIS NEXT PHASE OF MONTALCINO WITH NO SUCH STUDY DONE. I DON'T KNOW IF THAT'S STANDARD PROCEDURE, BUT THAT SEEMS VERY ILLOGICAL TO ME AS WELL. AFTER THE FIRST EDITION FOR MONTALCINO WAS PUT IN, IT WAS CLEAR THAT DRAINAGE FROM THIS AREA IS COMING ACROSS HOLE NUMBER THREE OF THE GOLF COURSE INTO 2 OR 18 AND CAUSING ADDITIONAL WATER FLOW ALONG THE BACK OF THE RESIDENTS OF 218 DRIVE. SIDE NOTE, JUST FOR THE RECORD, THE GOLF COURSE IS PRIVATELY OWNED AND NOT AT ALL MAINTAINED OR FUNDED BY THE RESIDENTS. SO WE HAVE NO CONTROL OVER WHAT THE GOLF COURSE DOES WITH THEIR DRAINAGE. WE ONLY CONTROL OUR OWN LOTS. WE ALSO HAVE GREAT CONCERN ABOUT THE EARTHEN DAM THAT IS BETWEEN MONTALCINO AND TOUR 18 AS IT IS CONSTANTLY WET. AND WE ARE AFRAID THAT IF THERE WAS ANOTHER CATASTROPHIC RAINFALL THAT IT COULD CAUSE IT TO FAIL, WHICH WOULD RELEASE AN UNPRECEDENTED AMOUNT OF WATER INTO THESE SAME LOTS IN TOUR 18. FUN FACT WHEN THE PROPOSED ADDITION OF ROCKY POINT, WHICH IS TO THE WEST. I'M SORRY, TO THE EAST OF TOUR 218 OFF OF FREEMAN ROAD AND CROSS TIMBERS WAS DISCUSSED, TOUR 18 RESIDENTS EXPRESSED OUR CONCERNS THAT THIS WOULD CAUSE EXCESSIVE WATER FLOW TO BE DUMPED ONTO LIGHTHOUSE DRIVE AND TOUR 18 DRIVE. AND AFTER IT WAS APPROVED, THE DEVELOPER ACTUALLY REMOVED THE POND ON THAT DEVELOPMENT. THAT WAS ACTING AS A RETENTION AREA FOR THE WATER AND CLEARED ALL OF THE NATURAL VEGETATION THAT ACTED AS A NATURAL BUFFER, WHICH SOUNDS LIKE THAT COULD HAPPEN AGAIN, RIGHT, WITH THIS NEW DEVELOPMENT. AND THAT SENT ACRES OF LAND. NOW THAT NOW SENDS WATER INTO OUR COMMUNITY AT HISTORIC LEVELS, AND THIS WAS THE RESULT. WE HAVE LOT TO LOT DRAINAGE IN TOUR 18. YOU CAN SEE CLEARLY HOW INEFFECTIVE IT IS DURING HEAVY RAINS. THIS IS THE GOLF COURSE FULL OF WATER. OUR RESIDENTS HAVE SPENT THOUSANDS UPON THOUSANDS OF THEIR OWN DOLLARS REPAIRING THEIR PROPERTIES FROM THE DAMAGE OF THIS WATER. AND NOW OUR OWN HOA IS SPENDING IN EXCESS OF $40,000 TO REPAIR WATER CULVERTS. WE ARE IN FAVOR OF NOT MENTIONING THE LOTS, BUT WITH OUR CONCERNS ABOUT FLOODING, WE NEED TO THE TOWN COUNCIL TO EITHER VOTE NO OR TABLE THIS MATTER UNTIL FURTHER DISCUSSION CAN BE HAD TO ENSURE THAT FURTHER DAMAGES. MISS FRANCIS, YOUR TIME IS EXPIRED. THANK YOU. THANK YOU, MA'AM. NEXT WE'LL HAVE MICHAEL TILBURY. SIR. I HAVE A CARD FROM BRIAN KENNARD. THANK YOU, SIR. MR. TILBURY I DON'T HAVE A NOTE THAT YOU HAVE A PRESENTATION, BUT WITH THAT YOU WILL HAVE SIX MINUTES. GOOD EVENING. OKAY. I'M MIKE TILBURY, 8604 BALTUSROL DRIVE IN FLOWER MOUND TOUR 18. I'M 100% OPPOSED TO THE APPROVAL OF THIS PROPOSAL AND ESPECIALLY AS IT PERTAINS TO THE SINGLE ROW OF HOUSES BEING STUFFED INTO A STRIP OF LAND BEHIND MY HOME ON BALTUSROL 218 THAT WILL BE BUILT ON A DESIGNATED FEMA FLOODPLAIN AND ON LAND FEATURES THAT ARE PROHIBITED FROM BUILDING ON BY FLOWER MOUND. THE DEVELOPER PURCHASED HIS LAND IN 2010. HE, CITING VESTED RIGHTS AND ATTEMPT TO MINIMIZE THE EFFORTS OF FLOWER MOUND RESIDENTS TO HAVE ANY LEVERAGE TO PROHIBIT, LIMIT OR EVEN NEGOTIATE THE OUTCOME OF THIS EFFORT. NOT ONLY WILL THIS NEGATIVELY AFFECT OUR HOME VALUES, THIS WILL HAVE A DEVASTATING EFFECT ON WILDLIFE IN FORCE IN THE AREA. WE ALSO HAVE THE ADDED RISK OF ALTERING NATURAL DRAINAGE AS WELL AS OVERWHELMING EXISTING PLANNED DRAINAGE COULD ALSO NEGATIVELY AFFECT OUR HOMES ON [00:15:09] BALTUSROL AND TOUR 18. I ALSO SPOKE WITH THE PRESIDENT OF TOUR 18, WHO IS A LONGTIME TOUR 18 RESIDENT, AND HE SHARED THIS WITH ME. HE SAID, I AGREE COMPLETELY THAT IT APPEARS THAT WHEN OTHER COMMUNITIES ARE DEVELOPED AROUND TURN 18, THAT DRAINAGE IS NOT BEING CONSIDERED OR ITS EFFECTS ON THE RESIDENTS OF TOUR 18 OR THE INFRASTRUCTURE. WE NEED THE COUNCIL TO UNDERSTAND THE IMPACT AND VOTE TO ENSURE THAT THIS DOES NOT CONTINUE TO HAPPEN. I ALSO RECEIVED AN EMAIL FROM ANOTHER LONG TERM RESIDENT WHO LIVES BELOW THE NEW PEPPER CREEK DEVELOPMENT. HERE'S WHAT HE SAID. HE SAID, WE ARE DUE SOUTH OF MONTICELLO AND PEPPER CREEK. THE STORMWATER IS RISING ALONG WITH TRASH AND SILT FROM THE CONSTRUCTION. HE SAID ABOUT THE CITY, WE HAVE TAUGHT BUILDER DEVELOPERS THAT THREATENING THE TOWN WITH LAWSUITS IS HOW WE GET WHAT THEY WANT. I ASK THE COUNCIL IN HIS RECOMMENDATION. HE SAID HE ASKED THE COUNCIL HE WOULD SAY TO ASK THE COUNCIL TO TABLE AN ACTION UNTIL PROPER INDEPENDENT ENVIRONMENTAL STUDIES ARE COMPLETED. THERE HASN'T BEEN AN UPDATED ENVIRONMENTAL STUDY FOR THE CITY SINCE 2010. I ASKED THE P&Z A QUESTION LAST WEEK ABOUT THE ROW OF HOUSES BEING STUFFED INTO A STRIP OF LAND ALONG THE TOUR18 PROPERTY LINE BEHIND MY HOUSE ON BALTUSROL THAT WILL BE BUILT ON THE FEMA FLOOD PLAN AND ON LAND FEATURES THAT ARE PROHIBITED FOR BUILDING ON FLOWER MOUND ORDINANCES. WHY DO WE HAVE ORDINANCES PUT INTO PLACE TO PROTECT THE CITIZENS, BUT THEY AREN'T ENFORCED AND EXCEPTIONS ARE MADE TO GET AROUND THEM? I WAS TOLD FLOWER MOUND DOESN'T HAVE TO ENFORCE THAT BECAUSE THE PARTICULAR ORDINANCE WAS PASSED AFTER THE PROPERTY WAS SOLD TO THE DEVELOPER. JUST DOESN'T MAKE ANY SENSE TO ME. I MEAN, IF I FLY DOWN CROSS TIMBERS AT 90 MILES AN HOUR AND I GET PULLED OVER AND I TELL THE OFFICERS, WELL, YOU KNOW, I WAS BORN BEFORE THIS ROAD WAS BUILT, SO I DON'T REALLY NEED TO OBEY THE SPEED LIMIT. I MEAN, THAT'S ABOUT HOW MUCH SENSE THIS MAKES TO ME. IN CLOSING, THIS IS VERY FRUSTRATING SITUATION FOR ME AND MY NEIGHBORS. I FEEL THE CITY OF FLOWER MOUND IS FAILING ITS CITIZENS AND DOES NOT HAVE OUR BEST INTERESTS AT HEART. WE HAVEN'T HAD ENOUGH TIME TO ASSESS THIS ENTIRE SITUATION. THIS IS A NOTICE I GOT. OKAY. I MEAN, I'M PRETTY GOOD ON CITY ON CITY MATTERS AND THINGS ARE GOING. THIS MAKES THIS NOTICE MADE NO SENSE TO ME. IT MADE NO SENSE. THERE'S NO PICTURE. THERE'S A, THERE'S NO LOTS ON HERE. THERE'S A MAP, BUT THERE'S NO LOTS THERE'S NO LOT DESIGNATION. IT'S SOMETHING ABOUT CONSERVATION OR PLACEHOLDING AND ALL THIS. NOTHING. I MAKE THREE PHONE CALLS, THREE EMAILS TO THE CITY BEFORE I FINALLY GOT ACTUALLY A MAP THAT SHOWED ME WHERE THESE LOTS WERE UNTIL THEN. AND THAT WAS ONLY A WEEK BEFORE P AND Z. SO I'VE HAD LITERALLY TWO WEEKS TO TRY AND COME UP TO SPEED ON THIS THING. AND WHAT I SAW TONIGHT WAS ONE OF THE MOST DISORGANIZED. EXPLANATIONS OF WHAT YOU'RE GOING TO TRY AND DO THAT I'VE EVER SEEN IN IN MY 30 YEARS OF CITY GOVERNMENT OF COMING TO STUFF LIKE THIS. I MEAN, IT WAS I DON'T KNOW. I DON'T KNOW. I DON'T KNOW. BUT I DON'T KNOW IF THIS IS GOING TO HAPPEN BECAUSE I DON'T KNOW ABOUT THIS. I DON'T KNOW WHERE THE DRAINAGE IS GOING. SO I'M JUST I'M SORRY. I JUST THIS IS OVERWHELMING. AND I JUST I CANNOT SEE HOW YOU GUYS CAN APPROVE THIS. I MEAN, IF THEY WANT TO COME BACK, THE DEVELOPERS WANT TO SIT DOWN AND WORK WITH US AND TRY AND FIGURE SOMETHING OUT. I'M ALL FOR IT. BUT MAN, WHAT I SAW TONIGHT, I DON'T THINK SO. THANK YOU. THANK YOU, SIR. THE NEXT ONE. I CAN'T READ THE FIRST NAME, BUT IT LOOKS LIKE RITCHIE. RITCHIE? SORRY. WELL, SIR, IT COULD BE THAT. I'M NOT SURE IF YOU CHANGED YOUR MIND AND SCRIBBLED IT OUT OR. BUT AT ANY RATE, GOOD EVENING. IF YOU COULD STATE YOUR NAME, THAT WOULD BE GREAT. MAYOR FRANCE AND TOWN COUNCIL MEMBERS. MY NAME IS THOMAS RITCHIE. AND MY WIFE AMY AND I RESIDE AT 4800 TOUR 18 DRIVE IN FLOWER MOUND. I'VE WRITTEN A LETTER AND SUBMITTED A FEW PHOTOGRAPHS IN ADVANCE, WHICH I BELIEVE YOU ALL HAVE RECEIVED. I'M HERE TO SPEAK TONIGHT REGARDING OUR PROPERTY AT THE INTERSECTION OF TOUR 18 DRIVE AND LIGHTHOUSE DRIVE. OUR HOME HAPPENS TO BE AT THE CONFLUENCE OF SEVERAL MAJOR DRAINAGE TRIBUTARIES AND ROUTINELY FLOODS DURING SIGNIFICANT STORM EVENTS. [00:20:03] AT TIMES, STORMWATER RUNOFF HAS BREACHED THE TOP OF THE INTERSECTION, CAUSING WIDESPREAD FLOODING AND RESTRICTING ACCESS IN AND OUT OF THE TOUR 18 COMMUNITY. WE ARE CONCERNED THAT THE ADJACENT MONTALCINO DEVELOPMENT IS BEING DEVELOPED TO A FAR GREATER DENSITY THAN WHAT WOULD NORMALLY BE ALLOWED IF THESE EXEMPTIONS WERE NOT GRANTED. GRADING ON SLOPES, GRADING ON SLOPES SIGNIFICANTLY GREATER THAN 5 TO 12% AND GREATER THAN 12% MAKE UP A TOTAL OF 7.65 ACRES. THIS ACREAGE SHOULD NOT BE DEVELOPED WITH LOTS, NOR SHOULD ACCESS BE GRANTED TO THESE TOPOGRAPHICALLY CHALLENGED PORTIONS OF THE PROPERTY. YOU'LL HEAR FROM OTHER SPEAKERS TONIGHT, CONCERNS ABOUT EASEMENTS AND ADJOINING PROPERTY LINES. HABITAT CONSERVATION, SLOPE DISTURBANCE, SPECIMEN TREE REMOVAL, SECURITY MEASURES, TRESPASSING AVOIDANCE AND DRAINAGE AND SEDIMENT RUNOFF. BUT I CAN SPEAK FIRSTHAND TO THE AMOUNT OF STORMWATER THAT RUNS THROUGH AND OVER OUR PROPERTY FROM NOT ONLY 2 OR 18 COMMUNITY, BUT FROM THE ADJACENT PROPERTIES OUTSIDE OF OUR COMMUNITY. IN ADDITION, REQUESTING AN EXEMPTION TO ALLOW CONSTRUCTION AND CONSTRUCTION RELATED ACTIVITY WITHIN THE FEMA FLOODPLAIN SHOULD BE DENIED. AS I REVIEWED THE DEVELOPER'S PLANS, CONSTRUCTION RELATED ACTIVITY WITHIN THE FLOODPLAIN AND DISTURBANCE OF UPLAND WOODED HABITAT WILL CAUSE UNFORESEEABLE CONSEQUENCES IN THE FUTURE. ALLOWING ACCESS TO THE DRAINAGE OF THAT FEMA FLOODPLAIN THROUGH THE TOUR 18 COMMUNITY THAT EVENTUALLY WINDS ITS WAY DOWN PAST MY HOME AT THE INTERSECTION OF TOUR 18, DRIVE AND LIGHTHOUSE DRIVE WILL ONLY EXAGGERATE AN EXISTING CAPACITY CONSTRAINT. MUCH OF THIS RUNOFF ULTIMATELY EXITS THE TOUR 18 PROPERTY AT THE SOUTH END OF TOUR 18 DRIVE BEFORE CROSSING UNDER CROSS TIMBERS ON ITS WAY TO GRAPEVINE LAKE. IN ADDITION, THE DEVELOPMENT ON SLOPES GREATER THAN 5% AND IMPACTING THE EXISTING NATURAL LANDSCAPING AND HABITAT WITH ROADWAYS AND HOMES ON ONE ACRE LOTS WILL ONLY INCREASE THE AMOUNT OF IMPERVIOUS COVER OF THE MONTALCINO ACREAGE AND THUS GENERATE A SIGNIFICANTLY LARGER AMOUNT OF STORMWATER RUNOFF THAT WOULD NORMALLY OCCUR IF THE WATER WERE ALLOWED TO NATURALLY PERCOLATE INTO THE GROUND. PLEASE CONSIDER THESE CONCERNS CITIZENS REQUEST AND DENY THESE EXEMPTIONS AND REEXAMINE THIS PROPOSED DEVELOPMENT. THE MONTALCINO PLAN IS TOO DENSE AND NOT ENOUGH STUDY HAS BEEN GIVEN TO THE ADDITIONAL IMPACTS THE TOUR 18 COMMUNITY WILL SUFFER BECAUSE OF THIS DEVELOPMENT. THANK YOU FOR ALLOWING ME TO SPEAK TONIGHT AND FOR YOUR CONSIDERATION. [E. PUBLIC COMMENT] THANK YOU, SIR. AND NEXT, WE'LL HAVE PAUL. FULLY. I THINK YOU MAY HAVE THROWN A CURSIVE F ON THERE. NO, THANK YOU, MR. MAYOR. TOWN COUNCIL. IT'S POLY. POLY. POLY, POLY. IT'S NOT YOU. IT'S MY HANDWRITING. SO. AND I KNOW YOU WANT TO DO WHAT'S RIGHT. AND BASED ON WHAT YOU'RE HEARING TONIGHT, I HOPE YOU DO. BUT I LIVE AT 40 AND MY WIFE LIVE AT 4704 TO 18. DRIVE FLOWER MOUND 75022. WE ARE NEIGHBORS WITH TOM. I'VE HAD THE UNIQUE PERSPECTIVE. I'M MISTER ISLAND GUY THAT ALISSA SHOWED. THAT'S OUR HOUSE SURROUNDED BY WATER UP TO OUR DOORSTEP. AND WE'VE BEEN HERE 12 YEARS. WE MOVED IN 12 YEARS AND FOUR DAYS AGO. AND I'VE WATCHED THE WATER GROW AND I'VE WATCHED IT NOTICEABLY GROW SINCE MONTALCINO WAS BUILT. AND WHAT I'VE NOTICED IS THE WATER COMES UP FASTER WITH LESS RAIN, TAKES LESS RAIN, LESS TIME, LESS WATER TO FILL UP AND TAKES WAY LONGER TO DRAIN OUT BECAUSE THERE'S WATER STILL COMING IN. AS I SAY, IT'S IT'S BEEN VERY CLEAR AND OBSERVED OVER THOSE 12 YEARS. I'VE ALSO HAD THE BENEFIT OF BEING IN BUILDING. AND THERE'S THE PAPER YOU SHOWED THE WATER FLOW. WELL, I CAN TELL YOU, IF YOU ALL WEREN'T THERE BEFORE, BUT WHEN THEY BUILT PHASE ONE, IF THEY USED THAT SAME PROCESS, THEN THEY'RE WRONG BECAUSE YOU WOULDN'T HAVE ALLOWED OR YOUR PREDECESSORS WOULD HAVE NOT HAVE ALLOWED THAT DRAINAGE SITUATION TO OCCUR IN OUR NEIGHBORHOOD. I KNOW THAT. AND SO EITHER THE DESIGN IS WRONG OR YOU HAVE TO TAKE ACCOUNT FOR REALITY. AND I HEARD SOME OF YOUR EXCELLENT QUESTIONS TONIGHT. WHAT ABOUT THIS? WHAT ABOUT THAT? YOU DON'T KNOW TILL YOU BUILD IT. AND WE WILL GET OUR SITUATION WILL GET WORSE. YOU OUR HOUSE. IF I'M AN OLDER GUY, MY WIFE'S AN OLDER WOMAN. SHE SHE DOESN'T LOOK IT. THANK YOU FOR LAUGHING. TELL HER. YOU CAN'T GET IT OUT OF OUR PROPERTY WHEN IT'S FLOODED. IT IS NOT ACCESSIBLE. SO THAT'S THE THING. [00:25:01] THE CORNER OF TORRINGTON AND LIGHTHOUSE DRIVE. I WOULD BE VERY CONCERNED ABOUT EMERGENCY VEHICLES GETTING IN THERE. AND NOT JUST THIS LAST RAIN WE HAD A COUPLE OF YEARS AGO. IT'S BEEN THAT WAY FOR YEARS AND CONSIDERABLY OBSERVABLY I HAVE THIS BIRD'S EYE VIEW OR A FISH EYE VIEW OF WHAT'S BEEN GOING ON. IT'S A PROBLEM THAT'S GOING TO GET WORSE. AND SO BEFORE YOU APPROVE ANY MORE DEVELOPMENT, I ENCOURAGE YOU TO LOOK AT THIS. AND IF WE CAN WORK WITH THE WITH THE APPLICANTS TO FIX THE EXISTING PROBLEMS, THEN WE'D HAVE MORE CONFIDENCE IN GOING FORWARD. THANK YOU FOR YOUR TIME. THANK YOU, MR. POLLY. AND IT IS ON TAPE, JUST FOR THE RECORD, SO YOU CAN WATCH THAT BACK. SO WHAT I'VE BEEN TRYING NOT TO SAY ADAM SANDLER, BUT IT'S AARON SANDLER. THANK YOU. I'VE BEEN I WAS SO AFRAID I WAS GOING TO MISS SAY IT THAT I HAD TO JUST SAY IT AND GET IT OUT THERE. BUT, MR. SADLER, GOOD EVENING. YOU'LL HAVE THREE MINUTES, SIR. GREAT. THANK YOU. MY NAME IS AARON SADLER. 8605 BALTUSROL DRIVE, FLOWER MOUND, TEXAS. SO I LIVE ADJACENT TO THE PROPERTY. ONE OF THE BIGGEST DISAPPOINTMENTS I HAVE IS THE FIRST TIME I FOUND I FOUND OUT ABOUT THIS WAS ABOUT A WEEK AGO. SO IMPROPER NOTICE OF A PROPERTY OR A PROJECT THAT'S SIGNIFICANTLY GOING TO AFFECT OUR COMMUNITY. I DON'T UNDERSTAND. YOU ALL ASKED SOME REALLY GREAT QUESTIONS. WHY ARE WE GRANTING ALL OF THESE VARIATIONS? BUT IT MAKES NO SENSE. SO GOING FROM A MEDIUM DENSITY TO GOING FROM A, YOU KNOW, A. SO. A MEDIUM DENSITY TO A LOW DENSITY OR A HIGH DENSITY UPSET. FOR THE FACT OF, WHAT, EIGHT LOTS FROM 68 TO THE OTHER ONES. WHY NOT PRESERVE THAT AS GREEN BELT? WHY NOT PRESERVE THIS? IT'S ALREADY BEEN ZONED AND MANDATED BY THE FEMA TO RESERVE THESE ZONES. WHY ARE WE EVEN. APPROACHING THAT. I THINK IT'S A BAD. SO AS THE YOUNG LADY THAT STOOD HERE, SHE PROPOSED, SHE GOES, WE DON'T KNOW WHAT THE EXCEPTIONS ARE EVEN NEEDED YET. THEY HAVEN'T EVEN DONE THEIR RESEARCH. SO HOW ARE WE AT THIS STAGE TO APPROVE IT WHEN WE DON'T EVEN HAVE THE CORRECT RESEARCH TO SUPPORT IT? WE DON'T HAVE THE WPP PLAN. NOBODY KNOWS WHAT THE RESULTS ARE GOING TO BE. ONCE WE APPROVE THIS, WE'RE JUST GOING TO CROSS OUR FINGERS AND GO, WELL, WE ALREADY KNOW THAT. AND NO OFFENSE, MR. TOMMY DALTON, BUT THE STUDIES THAT HAVE BEEN APPROVED SO FAR ARE INACCURATE. AND THAT'S BEEN PROVEN BY NEIGHBOR AFTER NEIGHBOR. SPEAKING OF THEIR ISSUES. SO AS WE TALK ABOUT THE THE BUILDERS, AS THEY COME IN ONE BY ONE, YOU HAVE CUSTOM BUILDERS. NOT ONE OF THEM IS NOT COST. CONSCIOUS. SO WHEN THEY START LEVELING THEIR THEIR LOTS AND THEY START DOING THE GRADING, THEY'RE GOING TO DO THE BARE MINIMUM EVERY TIME. AS WE LOOK AT LOT 68, 69, IT'S STEPS 171. CHRIS DREW MADE A GREAT COMMENT WHEN HE MENTIONED THE TREES. THE TREES ARE EASY TO SAVE. YOU'RE GOING TO DEVIATE THAT STREET MAYBE TEN FEET, MAYBE FIVE FEET. WHEN YOU DO THAT ROUNDABOUT, YOU DEVIATE THE ROUNDABOUT, MAYBE THREE FEET IN CIRCUMFERENCE. AND THEN AS YOU LOOK AT THE SETBACKS THAT THEY'VE MANDATED FOR THEMSELVES, THAT'S A 50 FOOT SETBACK FROM THE STREET. THEY DIDN'T CARE ABOUT THE OTHER COMMUNITIES. THEY JUST WANTED THEIR CHUNK OF CHANGE. THEY WANTED TO MAKE SURE THEIR COMMUNITY WAS PRETTY AND IGNORED THEIR NEIGHBORING COMMUNITY. THAT IS A LITTLE INFURIATING. THIS ISN'T A ONE TIME VARIANCE THAT WE'RE GRANTING. THIS IS GOING TO BE ASKED FOR ONCE AGAIN IN PHASE FOUR, AND THEY'RE GOING TO SAY, HEY, YOU'VE ALREADY GRANDFATHERED THIS RULE IN. WE'RE ALREADY WE'RE ALREADY GOING TO BE GRANTED THIS ALSO. I HAVE 50 TREES THAT ARE MARKED ON MY PROPERTY AND FLOWER MOUND, AND I REQUEST THAT A TREE BE LOOKED AT VERY SERIOUSLY. THANK YOU FOR YOUR TIME. THANK YOU, MR. ADLER. THERESA. DO WE HAVE ANY MORE GREEN COMMENT CARDS? I DO NOT. IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK DURING THE PUBLIC HEARING? PLEASE STAND UP OR RAISE YOUR HAND. MA'AM, PLEASE COME TO THE PODIUM. STATE YOUR NAME AND ADDRESS AND WHEN YOU'RE FINISHED, PLEASE FILL OUT A GREEN COMMENT CARD. AND YOU'LL HAVE THREE MINUTES. HELLO, MY NAME IS DOMINIC BOSAVI. I LIVE RIGHT BEHIND ON 8900 BALTUSROL DRIVE WHERE THERE IS ACTUALLY IN THE BACK OF MY GARDEN A HUGE I DON'T KNOW WHAT YOU CALL IT, A NATURAL SPRING THAT FINISH IN A SIX FOOT POND. AND ON MY PROPERTY I WAS PLANNING ON DOING SOME WORK AND I HAD AN A LAND ENGINEERING PERSON COMING AND WE FOUND A HUGE AQUIFER IN THE BACK OF MY PROPERTY ADJACENT TO THE MONTECINO DEVELOPMENT. [00:30:08] SO MY QUESTION IS, I HAVE HEARD THE DEVELOPER SPEAKING ABOUT THE THEY DON'T KNOW AND THEY'RE GOING TO TRY. AND I WANT I WOULD LIKE TO ASK THE CITY IN THE EVENT THAT ANYBODY IN THE TOUR 18 WOULD GET DEVASTATING FLOODING, DAMAGING THEIR PROPERTY, THEIR TREE, THEIR POOL WITH LAND SHIFTING, WHO WILL BE LIABLE? WILL THE CITY COVER THE DAMAGE AND INDEMNIFIED ANYBODY IN WRITING WHO WILL BE DAMAGED BY THE WRONGDOING OF A ALLOWING SOMEONE TO BUILD SO MANY HOUSES ON A KNOWN FLOODED AREA? IT'S A FLOODING AREA. IT'S KNOWN. AND ALSO THE OTHER POINT THAT I WOULD LIKE TO BRING IS THAT THREE ARE ALSO AN ECOSYSTEM THAT PUMP A LOT OF WATER. WHEN YOU CUT ALL THE TREES, IT ACTUALLY CREATES MORE FLOODING BECAUSE THE LAND BECOMES VERY DRY AND THERE IS NOTHING TO ABSORB THE WATER. SO I WOULD LIKE FOR YOU TO ALSO CONSIDER THAT. YES, THANK YOU VERY MUCH. AND THANK YOU, MA'AM, ANY APPRECIATE IT. ANY ANSWER FOR THAT? THANK YOU. IS THERE ANYONE ELSE IN THE AUDIENCE THAT WISHES TO SPEAK? PLEASE STAND UP. APPROACH THE PODIUM. SAY YOUR NAME AND ADDRESS. MAKE SURE YOU FILL OUT A GREEN COMMENT CARD, SIR. MY NAME IS JAMES PARNELL. I RESIDE AT 5901 SOUTHERN HILLS DRIVE, AND WE HAVE A POINT THAT TOUCHES THE PROPOSED DEVELOPMENT HERE. ONE OF THE REASONS WE BOUGHT THIS PLACE IS IT'S UNIQUE AND IT DOES NOT, IT'S SECLUDED. AND ONE OF THE THINGS IS WHEN YOU GO IN THERE, YOU FEEL LIKE YOU'RE ISOLATED FROM THE REST OF THE COMMUNITY TO A LARGE DEGREE, AND THAT WAS ONE OF THE REASONS WE PURCHASED THERE. THIS WOULD STRIP AWAY ON THAT NORTH SIDE OF BALTUSROL. IT WOULD STRIP AWAY THAT FEELING ENTIRELY IF IT'S NOT DONE RIGHT. SO I HAVE SOME PROPOSALS HERE PURCHASE DEVELOPMENT RIGHTS OF THE SOUTH SIDE. IF THE CITY CAN DO THAT AND MAYBE A CREATE A LIKE A GREEN ZONE OR A BUFFER ZONE OVER THERE. SO IT'S STILL INCLUDES THAT TYPE OF FEELING THAT THE WHOLE REST OF THE NEIGHBORHOOD HAS. MAYBE PUT IN EQUESTRIAN TRAIL BACK THERE. THERE ARE A NUMBER OF INDIAN MARKED TREES IN THE CITY OF FLOWER MOUND, AND WE HAVEN'T IDENTIFIED ALL OF THEM. THERE'S PROBABLY SOME IN THAT SAME AREA BECAUSE THERE AARON HAD MENTIONED HE'S GOT 50 OF THEM IN HIS YARD. LANTANA HAS A WATER INFRASTRUCTURE DEVELOPMENT FEE OR TAX PAID BY THE HOMEOWNERS THAT SELL THEIR HOUSES IN THAT NEIGHBORHOOD. PLEASE REQUIRE THIS REVENUE GENERATING PROPOSAL TO THE DEVELOPMENT. AND ONE MORE THING HERE. PROPOSE A HIGHER CIVIL ENGINEERING BOND AMOUNT AND LENGTH TO ALLOW FOR UNFORESEEN FLOODING. BUT THAT'S. THAT'S ALL I HAVE TO SAY. THANK YOU. ALL RIGHT. THANK YOU, SIR. IS THERE ANYONE ELSE IN THE AUDIENCE THAT WISHES TO SPEAK DURING THE PUBLIC HEARING? PLEASE STAND UP OR RAISE YOUR HAND. SEEING AND HEARING NONE. THE TIME IS 9:25 AND THE PUBLIC HEARING IS CLOSED. ALL RIGHT. SO BEFORE WE MOVE ON, I JUST WANT TO THANK EVERYONE FOR SPEAKING. JUST TO LET YOU KNOW, FOR SOME OF YOU WHO MAY HAVE COME IN AFTER OR WHO ARE NEW, WE'RE NOT ALLOWED TO HAVE A DIALOG WITH YOU. AND IT'S KIND OF WEIRD, RIGHT, THAT WE CAN'T JUST HAVE A CONVERSATION. BUT THOSE ARE SORT OF THE RULES THAT WE HAVE TO OPERATE UNDER RIGHT NOW. I HEARD A COUPLE OF THINGS THAT I ALSO WANTED TO JUST CLARIFY FOR YOU, AND YOU CAN WATCH THE TAPE BACK THAT WE HAVE A WEBSITE CALLED FM DEV MAP.COM THAT HAS ALL THE CURRENT APPLICATIONS AND ALL THE PROJECTS GOING ON. WE ALSO HAVE A SYSTEM CALLED NOTIFY ME THAT YOU CAN SIGN UP FOR AND YOU CAN GET ALERTS THAT ARE IN A PARTICULAR AREA FOR YOUR NEIGHBORHOOD. AND THEN I JUST WANTED TO SORT OF LET COUNCIL KNOW THAT. YEAH, I MEAN, IT'S IN THE CONSERVATION DEVELOPMENT DISTRICT. THERE'S A LOT OF EXCEPTIONS. AND WITH THAT, I'LL TURN IT OVER FOR DISCUSSION. SO MANY GREAT POINTS, SO MANY QUESTIONS. FOR CLARIFICATION, I NOTED A COUPLE OF RESIDENTS SPOKE ABOUT HOUSING IN A FLOOD ZONE, AND I JUST WANTED TO DEFINITELY CLARIFY THAT NO BUILDABLE LOTS ARE LOCATED IN THE FLOOD ZONE. IT WAS STRICTLY THE ROAD. IS THAT RIGHT? THAT'S CORRECT. OKAY. SO NO HOMES ARE BEING ALLOWED TO BE BUILT IN THE FLOOD ZONE. [00:35:01] ANOTHER QUESTION WAS WHO WOULD INDEMNIFY IF THERE IS FLOODING AND DAMAGE OCCURS? AND MY FIRST QUESTION IS, ARE WE AWARE OF ANY CIVIL LITIGATION YET PERTAINING TO THE EXISTING FLOODING ISSUES ALLEGEDLY CAUSED BY POOR DEVELOPMENT PRACTICES PRIOR? I'M NOT AWARE OF ANY. OKAY. I DON'T KNOW IF THERE IS ANY. AND I DON'T WE CAN'T HAVE A DIALOG. BUT IT SEEMS THAT THERE IS A LOT OF DAMAGE AND A LOT OF FLOODING AND NOT ANYTHING REALLY NECESSARILY TO DO WITH THIS. BUT I CAN UNDERSTAND THE FRUSTRATION THAT CAUSES. AND THEN THERE WAS A SUGGESTION ABOUT A CIVIL ENGINEERING BOND TO ALLOW FOR UNFORESEEN REMEDY, UNFORESEEN FLOODING. IS THAT ANYTHING WITHIN OUR SCOPE OF CONTROL TO REQUIRE SUCH A BOND LIKE A PERFORMANCE BOND? SO THE STAFF CAN WEIGH IN. BUT WE HAVE REGULATIONS THAT REQUIRE BONDS AND MAINTENANCE BONDS, ETCETERA, FOR PUBLIC INFRASTRUCTURE. BUT IN TERMS OF A BOND TO ENSURE THAT PRIVATE PROPERTY DOESN'T FLOOD ADJACENT PRIVATE PROPERTY, I'M NOT AWARE OF ANY SUCH AUTHORITY. DOES THAT MEAN WE DON'T? WE DEFINITELY DO NOT HAVE THE AUTHORITY TO ENACT SUCH A BOND OR WE DON'T KNOW YET BECAUSE PRECEDENT HASN'T BEEN SET AND WE WOULD BE GROUNDBREAKING. YEAH. YOU SUGGEST THAT I'D HAVE TO RESEARCH THAT ISSUE. I'M SORRY. OKAY. NO, IT'S OKAY. I JUST WANT TO. IN MY CAREER, I'VE NEVER HEARD OF ANYTHING LIKE THAT. OKAY. UM, I THINK, MAYOR, YOU ANSWERED TO THE POINT ABOUT LEARNING ABOUT THIS LESS THAN ONE WEEK AGO, BUT I WILL EXPRESS DISAPPOINTMENT IN THE APPLICANT BECAUSE THE APPLICANT AND YOUR DEVELOPER KNOW FLOWER MOUND AND YOU KNOW THAT'S NOT HOW WE NORMALLY CONDUCT BUSINESS HERE. AND I'VE SPOKEN TO OTHER DEVELOPERS ABOUT THIS. IN FACT, THE WHYBURN TRACT, WHEN THEY CAME FORWARD, I SAID, WHY HAVEN'T YOU MET WITH ANYONE? WHY DIDN'T YOU APPROACH US? WHY DIDN'T YOU DISCUSS THIS WITH US? SO THAT IS A POINT OF DISSATISFACTION. AND I AM CONCERNED ABOUT THE HEAVY RAINS AND THE CURRENT FLOODING TO TOUR 18. HOWEVER, I WANT TO ABSOLUTELY CLARIFY THAT THAT IS ALL PRIOR BUSINESS AND THE TOPOGRAPHICAL MAPS. WHAT IS THE RESOURCE FOR THAT? SO, YOU KNOW, I UNDERSTAND ABOUT THE ARROWS AND THE ARROWS WERE PUT ON BY THE DEVELOPER, BUT THOSE TOPO MAPS ARE PER A SURVEY DONE BY THE DEVELOPER. OH, DONE BY THE DEVELOPER. OKAY. SO THAT WAS NOT SOMETHING THAT WAS PROVIDED FROM A SEPARATE RESOURCE, A THIRD PARTY. THOSE ARE BASED.. AND THEY CAN CLARIFY IF THEY WANT, IF THAT WOULD BE A QUESTION. BUT I'M SURE IT WAS DONE BY THEIR SURVEY GROUP SPECIFICALLY. SO DO WE HAVE A TOPO MAP FROM ANY OTHER THIRD NEUTRAL THIRD PARTY? WE ALSO HAVE OUR OWN TOO. WE HAVE WE HAVE TOPOGRAPHIC THAT WE'RE ABLE TO LOOK AT ON OUR OWN ALSO AND CONFIRM THAT WHAT THEY DID PER SURVEY IS CORRECT. AND WE HAVE DONE THAT AND WE HAVE DONE THAT. OKAY. SO THERE'S YOUR 100% CONFIDENT THAT THE MONTALCINO PHASES THAT WE'RE DISCUSSING TONIGHT ARE 20 TO 30FT LOWER IN ELEVATION THAN THE NEIGHBOR. SO IF ANYTHING, THE WATER FROM TOUR 18 COULD ACTUALLY FLOW INTO THE MONTALCINO FUTURE RESIDENTS AND CAUSE EVEN A MORE FLOODING PROBLEM FOR THEM. CORRECT. OKAY. THANK YOU. I'D LIKE TO TALK TO THE APPLICANT AGAIN, IF YOU DON'T MIND COMING BACK UP, GENTLEMEN. SO YOU HEARD WHAT THE RESIDENTS HAD TO SAY. OBVIOUSLY, THERE'S A CONVERSATION THAT PROBABLY NEEDS TO TAKE PLACE. WHAT ARE YOUR THOUGHTS ON HAVING THAT CONVERSATION? WELL, WE WE'VE GOT A STACK OF EMAILS OF CORRESPONDENCE WITH THE HOA BOARD. AND I MEAN, WE HAVE AND I HAD, LIKE I SAID, WHEN I WAS UP HERE LAST ON DECEMBER 2ND, 2022, I DID A ZOOM CALL WITH ALL OF THE. SIR, CAN YOU CAN YOU SPEAK IN THE MIC, PLEASE? UM, LIKE I WAS MENTIONING EARLIER, ON DECEMBER 2ND, 2022, I HAD A MEETING WITH THE HOA BOARD GOING OVER DEVELOPMENT PLANS. ONE OF THE ITEMS WAS TYING INTO THEIR ROADWAYS, ALERTING THEM OF THOSE ROADWAYS. WHAT WE'RE PUTTING ON BEHIND THERE, MANY I MEAN, IT WAS A LONG WINDED UPDATE ON WHAT WE'RE PROVIDING THEM. SO I'LL JUST SAY THIS. SO THE EXCEPTIONS THAT YOU'RE ASKING FOR, SOME OF THEM, I THINK ARE PERTAINING TO ISSUES THAT HAVE BEEN RAISED BY THESE RESIDENTS. SO IT'S GOING TO AFFECT MY DECISION AND WHETHER OR NOT I'M GOING TO GRANT THOSE EXCEPTIONS BASED ON WHAT I'VE HEARD FROM THESE RESIDENTS. I JUST WANT TO FIND OUT IF YOU WANT TO ADDRESS THAT. DO YOU WANT TO DEAL WITH THESE CONCERNS AND HAVE A PLAN THAT EVERYBODY IS IN AGREEMENT WITH OR JUST LET US SORT IT OUT UP HERE. [00:40:03] AND THAT'S KIND OF WHAT THE POINT OF THE MEETING WAS BACK IN DECEMBER, SO THAT THEY COULD ADDRESS THOSE CONCERNS. AND I FEEL LIKE SINCE THEY DIDN'T PUT THEM UP AT THAT TIME. BUT I MEAN, WAS IT TABLING THE DEVELOPMENT? WAS THE MEETING WITH THE RESIDENTS OR THE BOARD? IT'S WITH THE BOARD WHOSE RESPONSIBILITY IS TO COMMUNICATE ALL THESE CONCERNS. JUST JUST TO REMIND YOU GUYS, THIS IS NOT A PUBLIC HEARING ANYMORE, SO I APOLOGIZE. BUT WE'RE CONSTRAINED BY THE WAY THE MEETINGS HAVE TO RUN. I APOLOGIZE. SIR. GO AHEAD. I'M SORRY TO INTERRUPT YOU. YOU'RE PERFECTLY FINE. AS OUR RESPONSIBILITY IS TO REACH OUT TO THE NEIGHBORING HOA, TO ALERT THEM, TO UPDATE THEM, TO HAVE CONVERSATIONS WITH THEM. WE DID THAT. AND IT'S THEIR RESPONSIBILITY AS THE BOARD OF THE HOA TO COMMUNICATE THAT WITH THE HOMEOWNERS. IF THERE IS ANY VIABLE CONCERNS, IF EVERYONE WAS UP IN ARMS, THEY WOULD HAVE LET THE BOARD KNOW AND WOULD THEN HAVE RETURNED TO ME IN WHICH I WOULD HAVE GLADLY HAVE MET WITH IT. NO, THAT'S FAIR. SO I GUESS WHAT, I'LL JUST OFFER THIS ONE MORE TIME. SO THERE ARE SOME OF THE SLOPE EXCEPTIONS ARE I'M GOING TO HAVE A HARD TIME APPROVING BASED ON THE FEEDBACK THAT I'VE HEARD TONIGHT. SO THERE'S AN OPPORTUNITY FOR YOU TO MAYBE SORT THAT OUT WITH THESE RESIDENTS BEFORE WE HAVE THAT FINAL DELIBERATION. BUT IF YOU'RE COMFORTABLE THAT YOU'VE DONE YOUR DUE DILIGENCE AND YOU'D LIKE US TO GO FORWARD WITH OUR DELIBERATION, I MEAN, THAT'S FINE BY ME. I DON'T KNOW IF IT'S AS SIMPLE AS THAT. I MEAN, WITH A LOT OF THE SLOPE REQUIREMENTS, I MEAN, AS I UNDERSTAND, THEY HAVE FLOODING ISSUES AND I'M SYMPATHETIC TOWARDS THEM. UNFORTUNATELY, THAT'S A PROBLEM OF THEIR DEVELOPMENT FROM THEIR ENGINEERING AND NOT SOMETHING THAT IS CAUSED BY ME OR ANYTHING THAT OUR DEVELOPMENT WOULD CAUSE UPON THEM. BECAUSE LIKE YOU SAID, THEY'RE HERE, I'M DOWN HERE. NOTHING THAT I DO IS IMPEDING THEM TO CAUSE ADDITIONAL FLOODING ON THEIR PROPERTY. SO AND EVEN WITH THE FLOOD GOING ACROSS THE ROADWAY, FLOWER MOUND DOES A GREAT JOB ON PROTECTING HIS RESIDENTS WITH SAYING, HEY, IF YOU WANT TO GO TO FEMA, YOU HAVE TO COME THROUGH ME FIRST. I APPLAUD YOU ALL ON THAT. BUT THEN FEMA HAS THEIR EXTRA LAYERS OF PROTECTION THAT THERE IS. THEY WILL NOT ALLOW US TO INSTALL SOMETHING THAT COULD BACK UP A CHANNEL THAT WOULD IMPEDE FURTHER DOWN. SO, I MEAN, MCADAMS HAS DONE THERE. THEY'VE DONE DRAINAGE STUDIES. I KNOW THAT WAS COMMENTED ON HERE. THEY HAVE DONE DRAINAGE STUDIES, THEY'VE DONE FLOOD STUDIES RESERVES ALL THROUGH THAT THEY'VE DESIGNED AND ENGINEERED TO MAKE SURE THAT NO ADDITIONAL NOTHING IS IMPEDING OUR NEIGHBORS BECAUSE THAT'S OUR RESPONSIBILITY TO DO SO. I MEAN, I'LL LET YOU DECIDE ON WHAT ON THAT. BUT I FEEL LIKE WE'VE DONE OUR DUE DILIGENCE. I FEEL LIKE WE'VE DONE WE'VE BEEN IN OPEN COMMUNICATED ALLY NEXT DOOR AND WE'VE DONE OUR JOB TO ENSURE THAT THEY'RE PROTECTED FLOOD RIGHTS BECAUSE WE'RE NOT IMPEDING IT AT ALL. AND WE DID DO A FLOOD STUDY AND A DRAINAGE STUDY STAFF HAS IT. SIR, IF YOU COULD SPEAK IN THE MICROPHONE. SORRY, I'VE DONE A DRAINAGE AND A FLOOD STUDY. STAFF HAS REVIEWED IT. SO I MEAN, WE'VE DONE THAT. AND JUST TO ANSWER, WE DO TAKE WATER IN PHASE TWO FROM TOUR 18. SO AGAIN, YOU'RE YOU FEEL LIKE YOU'RE GOOD WITH THE CONVERSATIONS YOU'VE HAD WITH TOUR 18 RESIDENTS AND YOU'D LIKE FINAL ACTION TONIGHT. YES. OKAY. BUT THERE WERE NO CONCERNS BROUGHT FORWARD BY THE HOA THAT YOU MET WITH IN DECEMBER? NO, NOT IN REGARDS OF ANY DEVELOPMENT ISSUES OR ANYTHING ALONG THOSE LINES. NO, MA'AM. FLOODING. NO, THEY EXPRESSED NO CONCERNS AT THAT TIME. ONLY CONCERN. SORRY, GO AHEAD. NO, GO AHEAD. THE ONLY CONCERN THAT WAS BROUGHT UP WAS A NEIGHBOR WHERE WE'RE DOING THE TIE IN. I BELIEVE IT'S SAWGRASS. SAWGRASS.. ON SAWGRASS, WE THERE'S A RIGHT OF WAY EASEMENT ON HIS PROPERTY. HE HAD CONCERNS ABOUT IT. WE WALKED IT. WE MET WITH THEM. I BELIEVE WE CHANGED SOME ELEVATIONS TO ACCOMMODATE, WORKED WITH THEM. WE WORKED WITH THEM. WE CHANGED ROADWAY ELEVATIONS TO MAKE SURE THAT HIS DRAINAGE IS POSITIVE. UM, AND WE WE DID OUR. SO YOU'RE SURPRISED TONIGHT BY WHAT YOU HEARD FROM THE NEIGHBORS? YES. COMPLETELY SURPRISED. YES, MA'AM. SAYING THAT.. YOU RECEIVED NO EMAIL NOTES, COMPLAINING OR.. NO MA'AM.. PRIOR TO TONIGHT, NOTHING? NO, MA'AM. I HAVE NO EMAILS, NO NOTHING. AND HONESTLY, IT'S A SHOCK TO ME THAT ME BEING ON THE LOWER END BECAUSE I KNOW WATER FLOWS DOWNHILL HOW I COULD CAUSE THEM TO HAVE. DO YOU HAVE ANY CONCERNS ABOUT YOUR FUTURE RESIDENTS HAVING ALL THIS EXCESS FLOODWATER FROM TOUR 18, WHICH CLEARLY THEY'RE EXPERIENCING PROBLEMS? I PERSONALLY, I DON'T. WE'VE GOT A GREAT ENGINEER THAT'S ON TIME. CITY STAFF HAS REVIEWED THIS TREMENDOUSLY. I HAVE THE UTMOST CONFIDENCE IN WHAT THEY'VE REVIEWED. AND I THOUGHT MOST CONFIDENCE IN OUR ENGINEER. SO IF IT DOES GO BAD AND YOUR PROPERTIES FLOOD, THIS WILL BE ON RECORD. AND YOU'VE YOU'RE ON NOTICE THAT THERE HAVE BEEN ISSUES. AND SO, YOU KNOW, IF SOMETIME, YOU KNOW, CIVIL LITIGATION ARISES. [00:45:05] YOU'RE ON NOTICE THAT THIS IS A PROBLEM. YOU HAVE NO PROBLEM WITH THAT? I HAVE NO PROBLEM WITH THAT. NO, I HAVE NO PROBLEM WITH THAT. NO. OKAY. THE DRAINAGE, THE DRAINAGE ISSUES THAT THEY'RE REFERRING TO ON TOUR 18 DRIVE ARE TOTALLY SEPARATE DRAINAGE BASINS THAT IS FLOWING IN AN OPPOSITE DIRECTION THAN WHAT OURS IS FLOWING. WELL, WE GO INTO THE CREEK AND THAT GOES FURTHER WEST THAN MONTALCINO. SO IT IS TOTALLY DIFFERENT DRAINAGE ISSUE AND THE PHASE ONE THAT THEY'RE SUGGESTING. THEY NOTICED MARKET CHANGES FROM AFTER PHASE ONE WAS CONSTRUCTED. IS THERE ANY KNOWLEDGE OF HOW THAT MIGHT HAVE HAPPENED OR.. MONTALCINO? YES. THAT WAS ONE OF THE COMMENTS FROM ONE OF OUR HOMEOWNERS. I DON'T THINK PHASE ONE DRAINS INTO THAT EITHER. I KNOW THAT THIS OUR SECTION DOES NOT. OUR SECTION DRAINS INTO A THE CREEK AND GOES FURTHER WEST. ANYBODY ELSE. DOES ANYBODY ELSE HAVE ANY QUESTIONS FOR THE APPLICANT? YEAH. THE DRAINAGE STUDY. WHAT? SO WE DON'T KNOW WHAT HOMES THE FUTURE HOME BUILDERS ARE GOING TO BUILD ON THESE. WHAT LOT SIZES DID YOU GUYS TAKE INTO ACCOUNT? POOLS. AUXILIARY BUILDINGS. THEY ARE ONE ACRE MINIMUM. SOME OF THEM ARE BIGGER AND WE USE THE CITY REQUIRED RUNOFF COEFFICIENTS FOR THOSE LOTS FOR A SINGLE FAMILY DEVELOPMENT. IT'S ALL PER CITY REQUIREMENTS RIGHT OUT OF THE DRAINAGE DESIGN MANUAL. OKAY. THERE WAS ONE COMMENT ABOUT NOT ENOUGH TIME TO STUDY THIS. THIS THING HAS BEEN IN THE CITY FOR OVER A YEAR. WE'VE BEEN TALKING. WE'VE BEEN BACK AND FORTH, SUBMITTING PLANS, REVIEWING WITH THE CITY STAFF FOR OVER A YEAR. BUT THAT DOESN'T MEAN THAT THEY KNEW ABOUT IT OR NOT. I MEAN, NO, I KNOW RESIDENTS AREN'T AWARE OF THE THINGS THE MAYOR SUGGESTED BECAUSE LIFE IS GOING ALONG WELL, EXCEPT OBVIOUSLY THEY HAVE FLOODING ISSUES. BUT, YOU KNOW, THEY PEOPLE DON'T KNOW WHAT THEY DON'T KNOW. SO I DON'T THINK THAT REALLY PLAYS INTO JUSTIFICATION FOR THEM JUST FINDING OUT A WEEK OR TWO AGO, I'M NOT TRYING TO SAY THAT. I'M JUST SAYING THERE WAS A COMMENT THAT THEY NEED TIME THAT TIME TO ANALYZE THIS TOO FAST. BUT FROM OUR STANDPOINT WITH CITY STAFF AND THE EXISTING CONDITIONS AND THE PROPOSED DEVELOPMENT HAS BEEN IN THE CITY FOR OVER TOWN FOR OVER A YEAR. I'M SORRY. SO YOU DID HEAR QUITE A FEW CONCERNS FROM THE RESIDENTS. THERE IS A LACK OF TRUST, OBVIOUSLY, BETWEEN THE RESIDENTS OF 218 AND THIS DEVELOPMENT GOING FORWARD. YOU'RE PRETTY ADAMANT THAT YOU'VE MET WITH THE HOA, THAT YOU'VE TALKED TO THE RESIDENTS AND THAT YOU'VE. IT SOUNDS LIKE YOU'VE CHECKED THE BOX, BUT ALL YOU'VE DONE IS CHECK THE BOX AND NOT REALLY GONE FORTH TO PUT FORTH THAT EXTRA EFFORT, ESPECIALLY NOW THAT YOU'RE HEARING THAT THERE ARE CONCERNS. AND SO JUST TO REITERATE WHAT WE'VE YOU'VE BEEN ASKED, ARE YOU 100% CONFIDENT THAT NONE OF THE RESIDENTS OF TOUR 18 CONCERNS ARE VALID AND THAT YOU HAVE NO DESIRE TO TO TALK TO THEM ANY FURTHER, TO TO HAVE THAT OPEN DIALOG AND OPEN COMMUNICATION. I AM NOT SAYING THAT THEIR CONCERNS ARE VALID, BUT IT DOES NOT HAVE TO DO WITH THIS DEVELOPMENT. WELL, LET ME LET ME DIVORCE THAT REAL QUICK. THE EXISTING FLOODING. LET'S TAKE THAT ASIDE, BECAUSE THAT'S NOT PART OF THIS. AND I WOULD LIKE TO DIG INTO THAT SEPARATELY AT ANOTHER TIME, BECAUSE I DO THINK THAT'S A VALID CONCERN WE NEED TO ADDRESS AS A COUNCIL AND SEE IF THERE'S SOMETHING THAT WE CAN DO TO MITIGATE THAT. SO TAKE THAT APART AND JUST LOOK AT THE CONCERNS OF MONTALCINO PHASES THREE AND FOUR THAT IS BEING PROPOSED AND THE IMPACTS THAT WILL HAVE ON TOUR 18. DO YOU HAVE DO YOU BELIEVE ANY OF THEIR CONCERNS ARE VALID OR DO YOU THINK THAT YOUR DESIGN TAKES CARE OF THAT AND MITIGATES ALL THEIR CONCERNS? I BELIEVE OUR DESIGN TAKES CARE OF THAT AND MITIGATES ALL THE CONCERNS. OKAY. I DON'T I DON'T SEE THAT OUR DEVELOPMENT WILL IMPACT HIM IN REGARDS TO THE DRAINAGE. AT ALL. BRIAN, DO YOU WANT TO SAY SOMETHING? I THOUGHT YOU AND I APOLOGIZE. I THOUGHT YOU ALL WERE AT A STOPPING POINT OR A SEGWAY. I'D LIKE TO RECOMMEND THAT WE RECESS BRIEFLY IN CLOSED SESSION JUST TO RECEIVE SOME LEGAL ADVICE. AND UNDER WHAT SECTION DO YOU RECOMMEND WE DO THAT UNDER 551071. THANK YOU, GENTLEMEN. THANK YOU. THE TIME IS NOW 9:41 AND THE TOWN COUNCIL IS CONVENING INTO A CLOSED MEETING PURSUANT TO TEXAS GOVERNMENT CODE CHAPTER 551, SECTION 071. THE TIME IS NOW 10:03 AND YOUR TOWN COUNCIL IS RECONVENING INTO AN OPEN MEETING. SO WE'RE WAITING ON OUR TOWN ATTORNEY. [00:50:01] BUT I JUST WANT TO TAKE A SORT OF A MOMENT, A TIME OF PRIVILEGE HERE. SO AS YOU SAW, WE TOOK A LITTLE BIT OF A RECESS. BECAUSE WE'RE TRYING TO WE'RE TRYING TO THINK ABOUT THE IMPACTS OF EVERYTHING THAT'S GOING ON RIGHT. AND FOR THE GENTLEMAN IN THE BACK, YOU KNOW, I KNOW YOU WERE STANDING UP. I KNOW THIS IS VERY EMOTIONAL FOR YOU GUYS. RIGHT. BUT WE HAVE TO SORT OF RUN OUR MEETINGS CONSISTENTLY AND WE HAVE TO DO IT SORT OF WITH A SET OF RULES. AND WHILE HOPEFULLY YOU GUYS UNDERSTAND THAT WE CAN'T JUST HAVE A BACK AND FORTH DURING THE MEETINGS, RIGHT? UM. SO, MA'AM. I APPRECIATE YOUR SENSE OF DECORUM AND CIVILITY. YOU KNOW, AND I KNOW IT'S EMOTIONAL AND WE'RE WORKING ON THAT. AND SO I'VE ASKED OUR TOWN ATTORNEY. TO SORT OF JUST QUICKLY TELL THE RESIDENTS, YOU KNOW, WHAT'S KIND OF GOING ON AND WHAT IT IS SORT OF THAT WE DISCUSSED. SO, BRANT, IF YOU COULD SORT OF JUST SUMMARIZE SORT OF THE SITUATION THAT WE'RE IN. I'LL TRY TO BE BRIEF. YEAH. REGRETTABLY, THE TEXAS LEGISLATURE SOME TIME AGO DECIDED THAT IF A PROPERTY OWNER HAS RECEIVED A PERMIT FROM A GOVERNMENTAL ENTITY AT LEAST 90 DAYS PRIOR TO ANNEXATION, THE MUNICIPALITY MAY NOT PREVENT THE PROPERTY FROM BEING DEVELOPED IN ACCORDANCE WITH ITS PLANNED DEVELOPMENT. SO WE CAN DENY SOME THINGS TONIGHT, BUT ANYTHING THAT PREVENTS THE DEVELOPMENT FROM BEING DEVELOPED IN ACCORDANCE WITH THAT DEVELOPMENT PLAN MAY NOT BE ENFORCEABLE ANYWAY. THAT IS JUST THE REALITY OF IT. REALLY, IF RESIDENTS ARE UPSET ABOUT THAT, THE APPROPRIATE PARTIES TO CONTACT ARE MEMBERS OF THE TEXAS HOUSE AND SENATE. AS YOU ALL KNOW, AND AS WE'VE SEEN WITH EACH LEGISLATIVE SESSION, THE LEGISLATURE HAS DECIDED TO ERODE OUR AUTHORITY OVER AND OVER AND OVER AGAIN. SO THIS IS NOT A TYPICAL DEVELOPMENT WHERE WE ANNEXED BARE LAND OR THE LAND WAS PART OF THE ORIGINAL INCORPORATION OF THE TOWN. THIS IS A DEVELOPMENT THAT HAS SPECIAL RIGHTS. THESE ARE NOT VESTED RIGHTS, OKAY? VESTED RIGHTS MEANS THE DEVELOPMENT WAS THAT THE REGULATIONS IN PLACE EXISTED PRIOR TO THE DEVELOPMENT INITIATIVE BEING INITIATED. THESE ARE ANNEXATION RIGHTS UNDER CHAPTER 43 OF THE LOCAL GOVERNMENT CODE, AND THEY ARE GOING TO BE ALLOWED TO DEVELOP IN ACCORDANCE WITH THEIR PLAN, REGARDLESS OF WHAT WE SAY, THE IMPORTANCE OF THE ZONING. AND THIS IS TOWN INITIATED ZONING. THIS IS NOT THE APPLICANT ASKING FOR THE ZONING. THE REASON FOR THE ZONING IS BECAUSE WE WANT TO GET IT OUT OF INTERIM HOLDING AND APPLY CONSISTENT ZONING REGULATIONS WITH WHAT THEY ARE GOING TO BE ABLE TO BUILD SUCH THAT WE ARE NOT CREATING A NUMBER OF LEGAL NON-CONFORMITIES WHICH ARE JUST GOING TO PLAGUE THE FUTURE HOMEOWNERS OF THIS PROPERTY WHO HAVE NOTHING TO DO WITH THE DECISIONS THAT WERE MADE. SO THAT'S THE BRIEF LEGAL EXPLANATION. I'M HAPPY TO ANSWER ANY QUESTIONS. COUNCIL, DO YOU HAVE ANY QUESTIONS FOR MR. MEREDITH? IS THERE ANY OTHER DISCUSSION ON SIX, 7 OR 8? [F. ANNOUNCEMENTS] SO JUST KEEP IN MIND THAT WE'LL BE ENTERTAINING A MOTION. I'LL ENTERTAIN THE MOTION FOR ITEM NUMBER SIX. SO WE HAD A COUPLE OF STANDARD DEVELOPMENT STANDARDS THAT WE HAD DISCUSSED EARLIER, THE 50 FOOT REAR SETBACK, THE FENCING REQUIREMENTS. SO I'VE GOT MY NOTES HERE, AND I WANT TO MAKE SURE THAT WE'RE ALL ON THE SAME PAGE. YOU HAD MENTIONED THAT LOT 68 WAS A PROBLEM. SO ARE YOU COMFORTABLE IF I INCLUDE LOT 68 IN THIS? MR. SCHIESTEL, SORRY, JUST SO WE WERE GOING TO BE ENTERTAINING A MOTION, BUT IF YOU WANT TO REDRESS THE APPLICANT. WELL, I WANT TO MAKE SURE THAT.. THEY'RE NOT ON THE MICROPHONE. SO THE EXCEPTION THAT WE HAD DISCUSSED EARLIER, I HAVE IT HERE AS LOT 61 AND 64 THROUGH 74, WHICH I DON'T KNOW IF WE WANT TO HAVE THE MAP LEXIN UP ON THE SCREEN WITH ALL THE LOT NUMBERS. SO, THE MOTION, IS THIS THE MOTION WHERE WE NEED TO INCLUDE THE LANGUAGE FOR REAR SETBACKS AND FENCING STANDARDS? CORRECT. OKAY. [00:55:07] THE. OKAY. SO I THINK I'M LOOKING AT YEAH, MORE OR LESS THE SAME. SO LOT 61 IS THE FURTHEST ADJACENT LOT TO THE WEST. LOT 74 IS THE MOST EASTERN LOT THAT IS BACKING UP TO BALTUSROL. SO THESE AND 61, 64 THROUGH 74. I HAVE 50 FOOT SETBACK REQUIREMENT AND INCLUDE LANGUAGE THAT THE DEVELOPER MAINTAIN NATURAL VEGETATION. AND THEN A REQUIREMENT THAT THE REQUIREMENT FOR NEW OR REPLACEMENT IRON FENCING BETWEEN EXISTING HOMES AND NEW HOMES WHEN REQUESTED BY THE EXISTING PROPERTY OWNER. MEANING IF YOU DON'T WANT YOUR FENCE REPLACED, IT'S NOT GOING TO BE A REQUIREMENT FOR THEM TO DO IT. BUT THEY HAVE. YOU HAVE THE OPTION TO REQUEST IRON FENCING ON THE PROPERTY LINE AND THAT'S AGREEABLE TO THE APPLICANT. I THINK WE WERE BETTER OFF DOING THIS THAN REQUIRING DENYING SLOPE EXCEPTIONS ON THESE PROPERTIES AND I DON'T PERSONALLY HAVE A PROBLEM WITH THE LOT TO LOT DRAINAGE BECAUSE I THINK THE ALTERNATIVE IS MUCH WORSE. GRADING, CLEAR CUTTING AND THE WAY THE SLOPES AWAY FROM THIS I DON'T THINK I DON'T THINK THAT WE'RE GOING TO HAVE DRAINAGE CONCERNS FROM THIS PORTION OF THE MONTALCINO DEVELOPMENT. [G. TOWN MANAGER'S REPORT] SO THOSE ARE THE TWO EXCEPTIONS THAT I'D LIKE TO INCLUDE. LEXIN YOU HAD SOME OTHER LANGUAGE FOR THE WHAT YOU SUGGESTED WE INCLUDE IN THE MOTION FOR THE REST OF THE LANGUAGE IN THERE. FOR THE LIKE THE EXCEPTION FOR FLOODPLAIN. DID YOU HAVE, IT WAS JUST AS SUGGESTED BY STAFF WAS THAT.. IT'S ON PAGE 296 OF THE PACKET AND IT HAS IT'S ABOUT THE HOUSE PAD BENCHING THE DEVELOPER SHALL RETAIN A PROFESSIONAL LICENSE ENGINEER. THAT'S ITEM A AND THEN IT GOES THROUGH TO ITEM D., CONCLUDING WITH DEVELOPERS SHALL REMOVE CHECK DAMS AND SILT FENCING. ET CETERA. ET CETERA. SO, BRENDA, IF WE INCLUDE THAT IN THE MOTION TO INCLUDE THE RECOMMENDATIONS OF STAFF AS LISTED IN THE PACKAGE, THAT WOULD SUFFICE IN THE MOTION. OKAY. ADAM. OKAY. THAT WOULD BE FOR THE PLAT. YOU'RE DOING THE ZONING FIRST, RIGHT? THAT'S FOR THE PLAT. NUMBER SIX. SO FOR THE ZONING, WE INCLUDE THE TWO ITEMS THAT WE'VE JUST DISCUSSED. AND JUST FOR FURTHER CLARIFICATION, JUST HAD A BRIEF CONVERSATION WITH LEXIN AND ITS STAFF'S RECOMMENDATION THAT WE DON'T CHANGE THE SETBACK, BUT WHAT WE DO IS WE ESTABLISH A MANDATORY LANDSCAPING BUFFER. THAT'S A NO BUILD ZONE, IN FACT. AND THAT WAY WE'RE STILL CONSISTENT WITH THE DEVELOPMENT PLAN. AND THEN THE IF LOT 68 COMES FORWARD AND THEY NEED A VARIANCE ON THAT, THEY CAN COME BACK FOR A MODIFICATION TO THE PD. THAT'S RIGHT. SO NOW JUST PUT ALL THAT INTO A MOTION. 50 FOOT LANDSCAPE BUFFER. ALL RIGHT. MOVE APPROVAL FOR CON 23-0003, WITH THE ADDITIONAL REQUIREMENT FOR NEW OR REPLACEMENT IRON FENCING BETWEEN EXISTING HOMES AND NEW HOMES AND REQUESTED BY THE EXISTING PROPERTY OWNER AND 50 FOOT LANDSCAPE BUFFER ON LOT 61 AND 64 THROUGH 74. INCLUDE LANGUAGE FOR THE, I'LL STRIKE THAT BECAUSE THE 50 FOOT BUFFER LANDSCAPE BUFFER ACCOMPLISHES THAT. OKAY, THAT'S IT. SECOND. BRYN. I'M SATISFIED IF STAFF IS SATISFIED. YES, I WOULD JUST FOR DOCUMENTATION SAKE. YOU JUST SAID 50 FOOT LANDSCAPE BUFFER, BUT IT'S ALONG THE REAR OF THOSE LOTS. CORRECT. SO JUST AMEND YOUR MOTION. I'LL AMEND THE MOTION, 50 FOOT REAR LANDSCAPE BUFFER ON LOT 61 AND 64 THROUGH 74. DO I NEED TO SECOND AGAIN? SECOND AGAIN. ANY DELIBERATION ON THE MOTION. THERESA. WE HAVE A MOTION AND A SECOND. PLEASE CALL THE ROLL. APPROVED BY UNANIMOUS VOTE AS AMENDED. MOVING ON TO ITEM NUMBER SEVEN, RC 22-0006. THIS IS FOR THE RECORD PLAT. ANY ADDITIONAL COUNCIL DISCUSSION ON THIS ITEM. I'LL ENTERTAIN A MOTION. [H. FUTURE AGENDA ITEM(S)] MOVE APPROVAL FOR ITEM RC 22-0006 WITH THE EXCEPTIONS RECOMMENDED BY STAFF. [01:00:02] SECOND. ANY DELIBERATION ON THAT MOTION. [I. COORDINATION OF CALENDARS] THERESA, WE HAVE A MOTION AND A SECOND. PLEASE CALL THE ROLL. NUMBER SEVEN RC 22-0006 IS APPROVED BY A VOTE OF 4 TO 1 AS AMENDED BY STAFF. [J. CONSENT ITEM(S)] MOVING ON TO ITEM NUMBER EIGHT TRP 23-008. THIS IS THE APPLICATION FOR A TREE REMOVAL PERMIT. IS THERE ANY OTHER DISCUSSION BY COUNCIL? I'LL ENTERTAIN A MOTION. MOVE APPROVAL FOR ITEM TRP 23-0008. SECOND. ANY DELIBERATION ON THE MOTION? THERESA. WE HAVE A MOTION AND A SECOND. PLEASE CALL THE ROLL. NUMBER 8TRP23-008, TREE REMOVAL PERMIT IS APPROVED BY UNANIMOUS VOTE. [K1, K2 & K3] MOVING ON TO ITEM NUMBER NINE, CONCRETE AND DRAINAGE SERVICES. LEADING US OFF WITH THE STAFF PRESENTATION WILL BE MR. CLAY RIGGS. OKAY. GOOD EVENING, MAYOR. GOOD EVENING, COUNCIL. AS YOU STATED, WE ARE HERE TO TALK ABOUT CONCRETE AND DRAINAGE SERVICES. SO WE RECENTLY WENT OUT TO BID FOR CONCRETE AND DRAINAGE SERVICES. AND THIS IS A KIND OF A MENU ITEM KIND OF CONTRACT. AND SO WHAT IT DOES IS IT LOCKS IN OUR UNIT BID PRICES. AND SO THEN AS WE NEED THESE SERVICES, WE'VE GOT THOSE BID PRICES LOCKED IN. THIS IS USED BY MULTIPLE DEPARTMENTS. AND JUST TO GIVE YOU AN IDEA, SOME OF THE THINGS THAT THAT ARE IN THERE, WE HAVE SUBGRADE TREATMENT FOR ROADS, PAVING RETAINING WALLS, INLETS, JUNCTION BOXES, BASICALLY ANYTHING WE WOULD NEED FOR A PAVING AND DRAINAGE PROJECT, WHETHER THAT'S AN IN-HOUSE MAINTENANCE ONE OR SOME OF THE BIGGER CIP, YOU KNOW, LARGE PANEL REPLACEMENT TYPE PROJECTS. THE GOOD THING IS, IS THESE ARE ANNUAL CONTRACTS AND SO THEY'RE GOOD FOR ONE YEAR, BUT WE ALSO HAVE THE OPTION TO RENEW THEM OVER THE NEXT FOUR YEARS. SO ESSENTIALLY, THIS COULD LOCK THOSE PRICES IN FOR FIVE YEARS. AND AGAIN USED BY MULTIPLE DEPARTMENTS. MAINTENANCE AND OPERATIONS. HERE ARE SOME CIP PROJECTS THAT WE'RE GOING TO BE INCORPORATING IN WITH OUR PANEL REPLACEMENTS WITHIN THE NEXT FIVE YEARS. AND SO A LOT OF THIS IS KIND OF JUST ROUTINE STUFF FOR US. BUT OUR PREVIOUS CONTRACT EXPIRED. WE WENT TO BID ON THAT 1 IN 2018. SO SINCE IT EXPIRED, WE ARE GOING BACK WITH THIS ONE. WE HAD FOUR RESPONSIVE BIDDERS AND WE ARE WANTING TO AWARD THE CONTRACT TO APEX CONTRACT, CONCRETE AND CONCRETE AND KWIKSET CONCRETE. WE'VE USED APEX AND FNF IN THE PAST WITH WITH A LOT OF SUCCESS AND ONE OF THE THINGS WE WANT TO AWARD IT TO THREE IS BECAUSE SOME ARE BETTER AT DOING CERTAIN TYPES OF JOBS THAN OTHERS. AND SO THIS KIND OF LETS US PICK AND SELECT. AND THEN IF FOR SOME REASON ONE OF THEM NOT PERFORMING, WE'VE GOT ANOTHER TWO TO PICK UP ON IT. SO, CLAY, IT SOUNDS LIKE YOU'RE AWARDING LIKE A MASTER SERVICE AGREEMENT TO THREE SUPPLIERS. SO WHEN IT COMES TIME TO HAVE AN ACTUAL JOB, ARE THEY THEN RE COMPETING FOR THE TASK ORDER OR ARE YOU THEN JUST ASSIGNING WHICHEVER CONTRACTOR IT KIND OF FITS THEIR SKILL SET? I ASSIGN IT TO THE ONE THAT IT FITS THEIR SKILL SET. AND THERE THEY ALL AGREED THE PRICING IS CONSISTENT AMONG THOSE THREE PROVIDERS. CORRECT. ONE OF THE PROVIDERS DOES NOT DO SUBGRADE TREATMENT. AND SO HE DIDN'T BID ON THOSE ITEMS. BUT OTHER THAN THAT, THE UNIT COSTS WERE PRETTY, PRETTY CLOSE. SO THE SUBGRADE TREATMENT IS THAT FOR SOIL STABILIZATION, LIKE LIME TREATMENT. AND SO THAT ADDS TO LONGEVITY. YEAH. AND SO FOR, FOR INSTANCE, SOME OF OUR OLDER ROADWAYS, WHEN WE HAVE TO GO AND RECONSTRUCT THEM, WE'RE GOING TO BE REDOING THE SUBGRADE AND MAKING SURE IT'S GOOD AND SOLID. ANY OTHER QUESTIONS? THANK YOU, MR. RIGGS. ANY DISCUSSION ON THAT COUNCIL? SOUNDS LIKE IT'S A SMART WAY TO DO IT, ACTUALLY, BUT. ALL RIGHT. I'LL ENTERTAIN A MOTION. I MOVE TO APPROVE REGULAR ITEM K NINE AS PRESENTED. SECOND. ANY DELIBERATION? THERESA. WE HAVE A MOTION AND A SECOND. [01:05:02] PLEASE CALL THE ROLL. SERVICES IS APPROVED BY UNANIMOUS VOTE. MOVING ON TO ITEM TEN, TRAFFIC SIGNALS CONSTRUCTION AGREEMENT. MR. HOTELLING. GOOD EVENING, SIR. THANK YOU FOR STICKING AROUND. GOOD EVENING, MAYOR. THIS IS THE TRAFFIC SIGNAL CONSTRUCTION AGREEMENT. I THINK EVERYONE HERE KNOWS WHERE THESE SIGNALS ARE. WE WENT OUT TO BID IN JULY. WE GOT OUR BIDS BACK FOR 1171 AT CANYON FALLS DRIVE. AND ONE OF THE THINGS WE PUT IN THIS PLAN SET WAS THAT WHOEVER WON THE BID WAS GOING TO BE REQUIRED TO START AT 1171 AND CANYON FALLS. SO THE WITH THIS BEING AWARDED, THAT'S WHERE THEY HAVE TO START FIRST, THEN THE NEXT TO GARDEN RIDGE AT FOREST VISTA OR THE FM 2499 AT FIREWHEEL. THE PARTIAL RECONSTRUCTION, THEY CAN DO THOSE TWO IN EITHER ORDER. I DID WANT TO POINT OUT THAT BRIAN WALTENBERG WAS ABLE TO SECURE SOME FUNDING FROM THE CITY OF LEWISVILLE. SO THEY'RE GOING TO PAY FOR PART OF THE ONE AT GARDEN RIDGE AND FOREST VISTA AND THEN ALL THESE LOCATIONS HAS ADA WORK THAT NEEDS TO BE DONE JUST KIND OF SHOW YOU THEY'RE KIND OF SPREAD OUT A LITTLE BIT ACROSS THE TOWN. I STARTED THE ONE OUT THERE AT CANYON FALLS. IT HAS TO BE DONE. WE DID ONLY HAVE THE ONE BIDDER. ROAD SOLUTIONS. WE HAVEN'T USED THEM. I DID CHECK THEIR REFERENCES. WE TALKED TO SOME OF THE FOLKS THAT WE NORMALLY DEAL WITH AND THEY WERE COMFORTABLE WITH THEM. SO IF THEY'VE DONE A DECENT JOB FOR THEM. SO I'M COMFORTABLE AWARDING THIS TO ROAD SOLUTIONS AND OUR RECOMMENDATION IS TO APPROVE IT AS IT WAS IN THE CAPTION. AND THEN JUST FOR YOUR THIS IS WHAT THE CAPTION WAS. THANK YOU, MR. HOTELLING. CURIOSITY. WHAT'S THE TIMING? FOR THE THE CANYON FALLS ONE. WE WILL PROBABLY HAVE A PRE-CONSTRUCTION MEETING NEXT MONTH AND IT WILL PROBABLY TAKE ABOUT FOUR, FOUR MONTHS OR SO TO BUILD. AND THERE'S ALWAYS THE DON'T KNOW WHAT YOU FIND UNDERGROUND AND WHAT THE WEATHER'S GOING TO DO TO US. BUT 4 OR 5 MONTHS IS PRETTY TYPICAL. IS THAT THE ONE WHERE WE ALREADY HAVE THE EQUIPMENT, THOUGH? THE LIGHTS? WE HAVE ALL THE EQUIPMENT FOR ALL THESE LOCATIONS. SO WE'RE NOT BEING DEALT WITH, SUPPLY CHAIN ISSUES OR ANYTHING. SOME OF THIS EQUIPMENT TOOK A VERY LONG TIME TO GET IN. BUT WE DO HAVE IT NOW. ANY OTHER QUESTIONS? THANK YOU, SIR. ANY DISCUSSION? I'LL ENTERTAIN A MOTION. I'M MOTION TO APPROVE ITEM K TEN AS PRESENTED IN THE AGENDA CAPTION. ANY DELIBERATION ON THAT MOTION. THERESA. WE HAVE A MOTION AND A SECOND. PLEASE CALL THE ROLL. SIGNALS CONSTRUCTION AGREEMENT IS APPROVED BY UNANIMOUS VOTE. AND LAST BUT NOT CERTAINLY LEAST, IS ITEM NUMBER 11, THE PURCHASE OF PORTABLE RADIOS. I SHOULD SAY. CAPTAIN HOLLY. HOW ARE YOU DOING, MAYOR? COUNCIL? YEAH, GIVE ME ONE SECOND. NO PROBLEM. YOU ALL HAVE THREE MINUTES. WE HAVE PROPS. IT WAS. IT'S LATE. HEY, THIS LATE? IT WAS JUST A COUNCIL. I CAN DO IT FOR YOU. THE REASON FOR OUR SMALL EQUIPMENT REPLACEMENT FUND. LIKE THE WORD SMALL. ALL RIGHT. GOOD EVENING, MAYOR, COUNCIL. IT'S MY PLEASURE TO SPEAK TO YOU ALL TONIGHT REGARDING OUR RADIOS. I GET TO SPEAK ON BEHALF OF THE FLOWER MOUND POLICE DEPARTMENT AND THE FIRE DEPARTMENT, SO I'M PRETTY EXCITED ABOUT THIS. SO BACK IN, I GUESS, JANUARY OF THIS YEAR, WE STARTED LOOKING AT RADIO REPLACEMENT. WHEN I FIRST CAME TO WORK HERE IN FLOWER MOUND, THIS WAS THE RADIO THAT I WAS ISSUED. IT WAS THE OLD MOTOROLA MT 2000. I'M GOING TO PUT THAT RIGHT THERE. CURRENTLY TODAY, THE RADIO WE USE IS THE APS 6000 AND PORTABLE RADIOS. CURRENTLY WE HAVE 136 OF THOSE AT THE POLICE DEPARTMENT. THOSE RADIOS ARE DISTRIBUTED THROUGH 109 OFFICERS. OUR DETENTION OFFICERS ARE ANIMAL CONTROL, OUR COURT MARSHALS, ETCETERA. SO THAT'S KIND OF THE DISBURSEMENT OF THAT 136 NUMBER. FIRE DEPARTMENT USES ONE MODEL UP FROM THIS. [01:10:03] IT'S THE APS 7000 X, SO IF IT'S BLACK, IT SAYS TACTICAL POLICE WANT IT. IF IT'S X AND RUGGED AND A REAL BRIGHT ORANGE OR LIME, LIME GREEN FIRE DEPARTMENT WILL GET IT. MOTOROLA KNOWS THIS AND BY DOING THAT, THEY'LL CHARGE US A LITTLE BIT EXTRA MONEY FOR THAT. SO TO GET YOU TO WHERE WE KIND OF ARE, WHEN WE HAD THESE RADIOS, WHEN I FIRST CAME TO WORK HERE, THIS RADIO WAS BASICALLY WHAT WE HAD. THAT WAS THE TECHNOLOGY IN THE 2000. THAT RADIO WAS ANALOG, AS YOU RECALL, 20 TENS, EARLY 20 TENS. WE WENT TO A DIGITAL SYSTEM. DENTON COUNTY WAS A LITTLE LATE GETTING ON TO THE DIGITAL SYSTEM. WE ACTUALLY DID NOT GET THE DIGITAL RADIO. THE ONE WE CURRENTLY CARRY RIGHT NOW UNTIL EARLY 2016 IS ABOUT WHEN WE RECEIVED THOSE RADIOS. UNFORTUNATELY, WHEN WE RECEIVED THOSE RADIOS, WE'VE GOT AN END OF LIFE CYCLE FOR MOTOROLA. THAT SAID, THOSE RADIOS BASICALLY WERE NOT GOING TO BE SUPPORTED AFTER THE NEXT SEVEN YEARS. SO WE KNEW THEN DECEMBER OF 31ST OF THIS YEAR, 2023, THAT THIS RADIO WAS NO LONGER BE GOING TO BE SUPPORTED BY MOTOROLA. NOW, THAT DOESN'T MEAN THE THE RADIO IS NOT GOING TO WORK. WHAT IT MEANS IS MOTOROLA QUIT MAKING ALL THE PARTS TO FIX AND REPAIR THIS RADIO. BUT THE SOFTWARE UPDATES, AS LONG AS THEY SEEM FEASIBLE, THEY WILL CONTINUE TO STILL TRY TO PUSH OUT FOR ALL THE AGENCIES. SO WHAT DOES THAT KIND OF LEAVE US? THAT LEAVES US WITH TWO DISTINCTIVE NEW PLATFORM THAT MOTOROLA HAS PUT OUT. THESE PLATFORMS ARE, AGAIN, THE AP X, WHICH IS THIS MODEL RIGHT HERE IN THE CENTER AND THE APX IN SERIES, THE RADIO THAT WE DID A LOT OF RESEARCH ON STARTING IN JANUARY BETWEEN MYSELF AND FD, LOOKING AT MULTIPLE RADIO OPTIONS AND MODELS WAS THE AP AND X. SO AGAIN, TO GO BACK TO THE RADIOS, WE HAVE ANALOG FROM THE ANALOG WE GO DIGITAL AND NOW WITH THE AP AND NEXT WE'RE NOW INTO THE SMART RADIO FUNCTIONS. SO THESE RADIOS ARE A SIGNIFICANT ADVANCE IN TECHNOLOGY AND I'M GOING TO GO OVER SOME OF THOSE THAT SPECIFICALLY THIS RADIO DOES, WHICH REALLY CHECKS A LOT OF BOXES FOR THE FIRST RESPONDERS, ESPECIALLY SINCE OBVIOUSLY, YOU KNOW, THIS IS KIND OF OUR ONE OF OUR MOST IMPORTANT EQUIPMENT THAT WE WEAR. THIS IS OUR LIFELINE. THIS IS HOW WE GET TO A TO B FOR EMERGENCIES AND HOW WE RESPOND AND CALL FOR ADDITIONAL ENFORCEMENT. SO THE MAIN THING IS THIS. WHAT THIS RADIO DOES RIGHT HERE IS THIS RADIO HAS THE CAPABILITIES OF SMART CONNECT IS WHAT THEY CALL IT WITH SMART CONNECT. WHAT THEY DO IS THIS RADIO CAN GO FROM REGULAR RADIO FREQUENCY OF DIGITAL ON THE 25 CHANNELS THAT WE USE FOR DENTON COUNTY THAT IT WILL AUTOMATICALLY ROAM. WHEN IT DOES NOT GET THAT RF FREQUENCY, IT WILL GO TO AN LTE OPTION ON THE BANDWIDTH THAT IS STATE OF THE ART. THIS IS THE FIRST TIME A RADIO HAS DONE THAT. IT ALSO OFFERS PRE WI-FI FUNCTION. NOW THERE'S BEEN RADIOS IN THE PAST THAT OFFER THE WI-FI, BUT WE CAN PREPROGRAM THESE RADIOS FOR WI-FI AS WELL, UP TO TEN DIFFERENT WI-FI PASSWORDS WITH THE WI-FI PASSWORDS AND THE LTE, WHERE THIS IS SO ADVANTAGEOUS FOR US IN PUBLIC SAFETY IS OUR RADIOS. NOW WE CAN SAY WITH CONFIDENCE WILL WORK IN OUR SCHOOLS AND OUR HOSPITALS AND OUR TOWN BUILDINGS AND OLDER BUILDINGS IN THE TOWN THAT MAY NOT HAVE THOSE BDAS OR THOSE AMPLIFIERS TO GET THAT RADIO SIGNAL IN. SO THAT'S JUST PROBABLY OUT OF THE FUNCTION OF THAT. WHAT THIS DOES IS IT BRINGS THAT REDUNDANCY SYSTEM AS A BACKUP FOR THAT. RF IT ALSO HAS A LOT OF OTHER FUNCTIONS NOW SINCE THERE'S NOW BASICALLY A SIM CARD INSERTED INTO THIS RADIO. IT COMES WITH YOUR SMART MESSAGING, YOUR SMART, LOCATE, SMART, LOCATE WHEN IT COMES TO OFFICER SAFETY IS OUTSTANDING. WHAT THIS DOES, IT WILL NOW PUT BASICALLY A MAP IN OUR COMMUNICATION CENTER THAT WHERE THE BEST WAY I CAN DESCRIBE IT IS WE WATCH OUR VEHICLES WITH AVL. WE CAN SEE WHERE OUR CARS ARE. NOW, DISPATCH WILL BE ABLE TO WATCH WHERE OUR OFFICERS AND OUR AND OUR FIREMEN ARE, WHICH IS INCREDIBLE. SO THE LOCATE IS OUTSTANDING. ALSO COMES WITH A SMART MAPPING. AS YOU CAN SEE, IT HAS A VERY LARGE SCREEN WITH THAT SCREEN. NOW, OTHER OFFICERS CAN USE THAT FUNCTION TO SEE WHERE IF I'M ON A TRAIL, IF I'M OUT BY THE LAKE AND I DON'T KNOW WHERE THAT OFFICER IS, I CAN LITERALLY TAKE MY PORTABLE AND USE IT JUST LIKE MY SMARTPHONE. WHY DIDN'T THAT SCREEN? AND I CAN SEE WHERE MY PARTNER IS OR WHERE THAT PERSON IS THAT I'M LOOKING FOR. SO AGAIN, THESE THESE OPTIONS, WHEN IT COMES TO THE SMART TECHNOLOGY, IS JUST AS SIGNIFICANT THAT WE'VE NEVER HAD BEFORE. THE SMART PROGRAMING IS PRETTY COOL. IF WE WANT TO FLASH THIS RADIO OR GET OUR OUR YEARLY UPDATES ON THIS, WE ACTUALLY HAVE TO HAVE THEM BROUGHT IN, HOOK THEM UP TO THE COMPUTER, DO THAT, [01:15:08] FLASH WITH THAT SMART TECHNOLOGY TECHNOLOGY. IT'S JUST LIKE OUR CELL PHONES, WHICH AS LONG AS THEY'RE ON AND WE GET THAT LTE SIGNAL, WE CAN DO IT WITHOUT EVEN HAVING TO HAVE THAT PERSON BRING IN THEIR RADIO. SO AGAIN, PRETTY COOL. A HUGE TIME SAVING AND GIVES US THE MOST UP TO DATE CURRENT UPDATES IN THE QUICKEST MANNER. I LIKE THIS ONE. THIS IS A NEW ONE THAT MOTOROLA IS PUTTING OUT WHEN IT COMES TO VICKIE. WHAT I WOULD DESCRIBE VICKIE AS AS YOUR SMARTPHONES HAVE SIRI OF VICKIE IS WHAT MOTOROLA KIND OF COINED AS THEIR TALK ASSISTANT. SO WITH THIS RADIO, THEY DESIGNED IT TO WHERE A LOT OF OFFICERS HAVE TO LOOK DOWN, LOSE THAT LINE OF SIGHT TO CHANGE THAT RADIO CHANNEL BY SIMPLY PUSHING THE BUTTON ON THE FRONT OR ON YOUR MICROPHONE. YOU CAN TELL VICKIE TO SCAN A CERTAIN CHANNEL, GO TO A CERTAIN CHANNEL THAT YOU MAY NOT BE ON OR TELL YOU TO TURN UP YOUR VOLUME, TURN YOUR VOLUME DOWN. IT GIVES YOU THOSE 15 BASIC FUNCTIONS WITH THE VICKIE. THE BATTERY ON THESE ARE NOW LONGER. THEY HAVE AN 18 HOUR BATTERY WHERE OUR CURRENT RADIOS A LOT OF OFFICERS. IT'S HARD TO GET THROUGH A 12 HOUR SHIFT. I'M SURE FDA HAS THE SAME PROBLEM. BUT THAT'S THAT'S ONE OF THE ISSUES THAT THEY THEY HAVE AS FAR AS OUR EYES. THIS MODEL WITH THE NEXT COMES WITH THAT XE, IT'S THAT RUGGEDIZED, MEANING THIS FITS BOTH POLICE AND FIRE. BUT WITH THAT RUGGEDIZED, IT HAS THE UL RATINGS THAT HAVE BEEN TESTED FOR FIRE, FOR WATER, ETCETERA, FOR THAT EXPOSURE, FOR THAT RUGGEDIZED RATING. THEY'VE INCREASED A LAYER OF ENCRYPTIONS GOES WITHOUT SAYING, AS TECHNOLOGY GETS BETTER, JUST AS PEOPLE CAN SCAN OUR RADIOS, WE HAVE TO SECURE CERTAIN CHANNELS FOR THE POLICE. WE ALWAYS SECURE OUR TACTICAL CHANNELS, ESPECIALLY LIKE WHEN YOU HEARD THE GENTLEMAN TALKING EARLIER TODAY ON OUR WARRANTS. IF WE'RE EXECUTING WARRANTS AND STUFF LIKE THAT, WE'LL WORK ON A CHANNEL. IT NOW DOUBLES THAT INCREASE ENCRYPTION FOR US. YOU CAN SEE BY THE THE GLANCE, THEY'VE BASICALLY TAKEN ALL THE BUTTONS OFF THIS WHERE EVERYTHING'S TOUCHSCREEN AND IT WORKS THROUGH THE GLOVE. SO IT WORKS VERY WELL FOR BOTH POLICE AND FIRE. WITH THIS, IT COMES AT A COST. WHAT WE'RE PROPOSING TONIGHT IS THE CONTRACT THAT WE HAVE DONE WITH MOTOROLA TO PRESENT TO YOU ALL. IT'S COST. IT'S A COST FOR BOTH THE POLICE AND THE FIRE DEPARTMENT. IT'S AT 1.8, $8 MILLION. WE DO WANT YOU ALL TO KNOW THAT'S 27% OFF THE MSRP BECAUSE OF THE TEXAS DIRECT CONTRACT. PLUS, MOTOROLA THREW IN ANOTHER 4.1% FOR FLOWER MOUND. SO THAT'S A 31% COST SAVINGS ON THE STICKER PRICE OF THIS RADIO. I ACTUALLY ADDED THAT UP. IT'S JUST SHY OF $850,000 THAT SAVES US RIGHT OFF THE BAT. THIS RADIO AND THIS PRICE QUOTE COVERS ALL 230 PORTABLES. THAT'S ESTIMATED, WHICH I WENT FAST ON THAT SLIDE, 145 RADIOS FOR THE POLICE DEPARTMENT AND ANOTHER 85 FOR FIRE. WHY THE DIFFERENCE FROM 145 TO 85 IS ON THE POLICE SIDE. REMEMBER, WE ISSUE THEM TO EVERY OFFICER, WHEREAS ON THE FIRE SIDE, THEY USE THEM TO BASICALLY FOR EVERY SEAT OF EVERY APPARATUS. SO THAT'S THE COST SAVINGS THAT THEY GIVE YOU. ON THE FIRE SIDE, I'LL TELL YOU, FIRE IS A LITTLE ROUGHER ON THE RADIOS THAN WE ARE JUST DUE TO THE ENVIRONMENT THAT THEY PUT THEM IN. ALL RIGHT WITH ME TONIGHT. I APOLOGIZE. I ALSO HAVE TWO REPS FROM MOTOROLA. I HAVE MR. CODY CROSS TO THE FAR RIGHT, WHO IS OUR MCA MOTOROLA REP, AND ALSO KYLE PEARCE WITH MOTOROLA, TO ANSWER ANY QUESTIONS YOU ALL MIGHT HAVE. I DO. I THINK I AM SUPPOSED TO POINT OUT TO JAMES, CORRECT ME IF I'M WRONG, WITH THIS CONTRACT THAT WE DID DO TODAY. THERE WAS MINOR CHANGES TO IT. THEY ADDED AN ADDITIONAL THREE PAGE THAT HAD TO DO WITH THE LTE OPTIONS OF WHAT CAN COME WITH THIS RADIO. SO I WANTED TO MAKE SURE YOU ALL KNEW THERE WAS A LITTLE SLIGHT CHANGE IN THAT CONTRACT Y'ALL GOT EARLIER, BUT IT'S ALL ALREADY BEEN APPROVED BY LEGAL. AND JUST BY WAY OF ADDITIONAL BACKGROUND AND WENDELL, YOU CAN CORRECT ME IF I'M NOT IT WASN'T A NEGOTIATION ISSUE OR ANYTHING ELSE LIKE THAT. IT WAS JUST HOW IT WAS ENTERED INTO THE SYSTEM. SO IT'S A SO WE'RE COMFORTABLE WITH THE TWEAK THAT OF THE REVISED CONTRACT. SO HOPEFULLY THAT MAKES SENSE. WE STILL GET THE FRIENDS AND FAMILY DISCOUNT. OH YEAH. GOOD. DO YOU HAVE ANY QUESTIONS FOR CAPTAIN HOLLY? GO AHEAD. SO ONCE ONCE WE PURCHASE THESE RADIOS, DOES MOTOROLA HAVE A TIME FRAME FOR HOW LONG THEY SUPPORT THIS PRODUCT? SO IN FIVE YEARS, WILL WE STRUGGLE TO GET PARTS? THAT'S A GREAT QUESTION. [01:20:01] ESPECIALLY LIKE WHEN I STARTED DOING THE RESEARCH ON THIS. YOU KNOW, THEY'RE CONFIDENT THEY WON'T GIVE YOU A DEFINITE ANSWER, BUT THEY'LL TELL YOU THEY FEEL VERY CONFIDENT FOR THE NEXT DECADE, NEXT TEN YEARS. YOU KNOW, THIS RADIO KIND OF GOT US THROUGH THE 2000, 2000 AND TENS. NOW YOU'RE GOING TO LOOK AT THE THE 2000 AND 20S FOR SURE. IS THAT PRETTY STANDARD FOR COMPETING PRODUCTS AS WELL? YES, SIR. BY THE HARD HITTING QUESTION I HAVE, DOES FIRE GET THEIR SPECIAL COLORS AS WELL? ABSOLUTELY. I MEAN, THAT'S THE ONLY WAY THEY COME. FIRE, ALSO, TOO REQUEST AN ADDITIONAL BAN, IF YOU LOOK AT THE QUOTE, THEY HAVE A VHS BAN WHICH SUPPORTS THEM FOR MUTUAL AID, STUFF LIKE THAT. SO I HAD A QUESTION ABOUT THE WARRANTY. YES, MA'AM. IF I'M READING IT RIGHT, IT LOOKS LIKE THERE'S A STANDARD 90 DAY WARRANTY. IS THAT RIGHT, OR IS IT LONGER? IT'S LONGER. SO THE WARRANTY ON THIS RADIO THAT'S IN THE CONTRACT, I BELIEVE PROBABLY THIRD PAGE, IT'S A THREE YEAR WARRANTY ON THE RADIO. OKAY. RIGHT UP FRONT. I WAS JUST WONDERING ABOUT LIFE SPAN, BUT I THINK CHRIS BEAT ME TO THE PUNCH. SO NO SOCIAL MEDIA OR GAMES OR ANYTHING ON NO SOCIAL MEDIA? NO. NO GAMES. I HONESTLY FEEL VERY CONFIDENT THAT I THINK THIS RADIO WILL TAKE ME THROUGH RETIREMENT, HOPEFULLY. WELL, IT'S A BIG LEAP FORWARD. IT REALLY IS. AND I LIKE THE BACKUP WITH THE LTE NETWORK. SO YOU'VE GOT THAT BECAUSE IT DOES SEEM A LITTLE ARCHAIC TO HAVE AN ISOLATED NETWORK WHEN WE HAVE ALL THESE GREAT DEVICES THAT EVERYBODY CARRIES AROUND. WHY NOT USE SOME OF THAT, BRING SOME OF THAT IN AND SHARE THAT TECHNOLOGY? SO IT SEEMS LIKE A BIG STEP FORWARD AND IT'S KIND OF A NO BRAINER. COULDN'T AGREE WITH YOU MORE. YEAH, THE THE ADVANCEMENT IN TECHNOLOGY IS JUST ASTOUNDING. WELL, WHAT ABOUT TRAINING? IS VERY MUCH TRAINING NECESSARY? IT'S THROWN IN. MOTOROLA WILL THROW THAT IN FOR THE FIRST YEAR AS FAR AS GETTING THE OFFICERS. BUT YES, MA'AM, IT'S INCLUDED IN THAT. OKAY. MY ONLY QUESTION WAS ON THE ACCESSORIES AND YOU COVERED THAT ON YOUR SLIDE. SO I JUST WANTED TO MAKE SURE THAT WITH THE NEW KIT AND EQUIPMENT THAT WE HAD, ALL THE ACCESSORIES AND PROBABLY THE LITTLE SATCHEL CASES FOR FIRE, YOU KNOW, THEY LIKE THE LITTLE ONES. NOW THERE'S OUR LITTLE CUSTOM MAYOR. SO WE DID NOT INCLUDE THAT. BUT YES, EACH ONE WILL COME WITH AN EXTRA BATTERIES. THEY COME WITH THE MICROPHONES. THEY COME WITH OUR RADIO HOLDERS. YES, SIR. IT WILL. IT WILL COVER ALL THAT. SO, CHIEF HENLEY. LAST WEEK WE TALKED ABOUT THE ABILITY FOR. USE A RADIO AND GO RIGHT INTO THE HEADSET OF A FIREFIGHTER OR INTO THE MASK AND SO THAT THEY COULD HEAR. YES, SIR. AND THIS FACILITATES THAT. YES. YES, SIR. IT WILL AUTOMATICALLY BLUETOOTH FROM THE FACE PIECE FROM THE WONDERFUL SCBAS YOU ALLOWED US TO GET. WE'RE TRAINING ON THOSE RIGHT NOW AND THE FACE PIECE INSTEAD OF NORMALLY WHERE YOU'RE IN FIRE CONDITIONS, YOU'RE YOU'RE DOING THIS AND TRYING TO GET OUT THESE YOU SPEAK CLEARLY THE BLUETOOTH PICKS IT UP FROM THE MOTOROLA RADIO AND COMMUNICATION IS THAT MUCH CLEARER. AND WITH THIS TECHNOLOGY MERGING WITH THE CONNECTED FIREFIGHTER THAT WE'RE DOING, WE'RE GOING TO BE ABLE TO PINPOINT THOSE GUYS INSIDE UNSAFE ENVIRONMENT A LOT BETTER THAN WE CAN TODAY. YEAH. SO THANK YOU. PERFECT. GEE, I FORGOT. I COMPLETELY FORGOT THE BLUETOOTH. SO I HAD TO ASK GREAT QUESTION. WELL, WE HAD A CONVERSATION LAST WEEK. ANY. YOU HAVE ANY MORE QUESTIONS? THANK YOU, CAPTAIN. THANK YOU FOR YOUR TIME. ANY OTHER DISCUSSION? I THINK IT'S PRETTY STRAIGHTFORWARD. ARE YOU READY? WITH THAT, I'LL ENTERTAIN A MOTION. MOVE TO APPROVE ITEM K 11 AS WRITTEN. SECOND. ANY DELIBERATION ON THE MOTION? THERESA. WE HAVE A MOTION AND A SECOND. PLEASE CALL THE ROLL. ITEM NUMBER 11, THE PURCHASE OF NEW PORTABLE RADIOS IS APPROVED BY UNANIMOUS VOTE. MOVING ON TO ITEM L BOARDS AND COMMISSIONS. THIS IS WHERE I WAS GOING TO TALK ABOUT WHAT WE ALREADY TALKED ABOUT, BUT I DON'T KNOW IF WE WANT TO SINCE IT'S ON THE AGENDA. IF ANY MEMBERS OF COUNCIL WANT TO REDRESS HISTORICAL COMMISSION, WE CAN. IF NOT, WE CAN MOVE ON. MOVING ON TO ITEM M. THE TIME IS NOW 10:37 AND THE TOWN COUNCIL IS CONVENING INTO A CLOSED MEETING PURSUANT TO TEXAS GOVERNMENT CODE CHAPTER 551, SECTION 071072 074 AND 087. THE TIME IS NOW 1123 AND THE TOWN COUNCIL IS RECONVENING INTO AN OPEN MEETING. [01:25:01] THERE IS NO ACTION TO BE TAKEN AS A RESULT OF OUR CLOSED MEETING. SO THE TIME IS NOW. ALSO 11:24 AND OUR MEETING IS ADJOURNED. * This transcript was compiled from uncorrected Closed Captioning.