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[A. CALL TO ORDER]

[00:00:06]

>> THE TIME IS NOW SIX O'CLOCK AND I CALL OUR MEETING TO ORDER.

PLEASE RISE FOR THE INVOCATION AND PLEDGES.

CHAPLIN PLUNK, PLEASE COME FORWARD TO LEAD US IN THE INVOCATION.

>> WE PRAY. LORD GOD, WHAT A GREAT PRIVILEGE IT IS TO BE DOING THE BUSINESS OF THIS TOWN TONIGHT.

WE INVOKE YOUR PRESENCE.

BE WITH US TONIGHT, FATHER.

WE PRAY LORD, THAT BLESSES OF THIS THANKSGIVING TIME.

WE PRAY THAT WE WOULD ALL BE COGNIZANT OF THE MANY BLESSINGS WE HAVE IN OUR LIVES.

WE THANK YOU FOR ALL THOSE AND I PRAY FOR TRAVELING MERCIES FOR ALL OF OUR FAMILIES THAT ARE GOING TO BE COMING TO FLOWER MOUND TO ENJOY FAMILY AND SPEND MONEY.

SO FATHER, I PRAY TONIGHT THAT YOU WOULD BE WITH OUR CITIZENS, OUR SERVANTS, OUR STAFF, OUR COUNSEL, OUR LEADERSHIP.

YOU SAID IF WE NEEDED WISDOM, ALL WE HAD TO DO IS ASK YOU SO WE ASK FOR YOUR WISDOM TONIGHT, FATHER.

I PRAY FOR OUR ELECTED LEADERS, I PRAY FOR OUR STAFF OUR TOWN.

I PRAY FOR THE TRANSITION THAT'S HAPPENING ALL AROUND US.

AND LORD, ACCORDING TO SCRIPTURE, WE PRAY FOR THE PEACE IN THE MIDDLE EAST.

WE PRAY THAT SHOULD HAVE YOUR HAND UPON.

FATHER TONIGHT WE GIVE YOU PRAISE AND GLORY AND WE DO GIVE YOU THANKS FOR ALL THAT WE HAVE. AMEN.

>> AMEN. THANK YOU, CHAPLAIN.

NOW, IF YOU PLEASE REMAIN STANDING AND JOIN ME IN THE PLEDGE OF ALLEGIANCE, AND THE PLEDGE TO OUR TEXAS FLAG.

>>

>> THANK YOU. YOU MAY BE SEATED.

BEFORE WE GET STARTED TOO FAR DOWN THE AGENDA, I JUST WANTED TO REMIND EVERYBODY THAT WE STARTED CALLED AN AUDIBLE AND WE HAD TO MAKE SOME CHANGES IN THE BEST INTERESTS OF THE TOWN BUSINESS AND THE FLOW OF THINGS THIS EVENING.

IF YOU'RE HERE FOR ONE OF THE REGULAR AGENDA ITEMS, ESPECIALLY ONE OF THE PUBLIC HEARINGS, WE'RE PROBABLY NOT GOING TO GET TO THE REGULAR ITEMS THAT ARE PUBLIC HEARINGS UNTIL ABOUT 7:00, 7:30 JUST TO LET YOU KNOW.

ALSO, IF YOU WISH TO SPEAK FOR ONE OF THE PUBLIC HEARINGS, WE'RE GOING TO NEED YOU TO FILL OUT A GREEN COMMENT CARD.

JUST PREFACING THAT ALTHOUGH CHIEF HENLEY IS USUALLY STANDING BY TO AID ANYBODY IN FILLING OUT THAT CARD, IF THEY FORGET.

SPEAKING OF COMMENT CARDS.

WE'RE NOW MOVING ON TO ITEM D, PUBLIC COMMENT.

[D. PUBLIC COMMENT]

JUST AS A REMINDER OF THE PURPOSE OF THIS ITEM IS TO ALLOW THE PUBLIC AN OPPORTUNITY TO ADDRESS YOUR TOWN COUNCIL REGARDING ANY ITEM ON THIS AGENDA THAT IS NOT MARKED PUBLIC HEARING.

ISSUES REGARDING DAILY OPERATIONAL OR ADMINISTRATIVE MATTERS SHOULD FIRST BE DEALT WITH BY CALLING TOWN HALL AT 972-874-6000 DURING NORMAL BUSINESS HOURS.

IN ACCORDANCE WITH STATE LAW, YOUR TOWN COUNCIL IS RESTRICTED FROM DISCUSSING OR ACTING ON ITEMS NOT LISTED ON THIS AGENDA TO SPEAK TO TOWN COUNCIL DURING PUBLIC COMMENT, PLEASE FILL OUT ONE OF OUR GREEN COMMENT FORMS. THIS EVENING'S SPEAKERS WILL BE LIMITED TO THREE MINUTES.

A TONE WILL SOUND WHEN YOU HAVE 30 SECONDS LEFT AND AGAIN, WHEN YOUR TIME HAS EXPIRED.

WHEN IT IS YOUR TURN TO SPEAK, PLEASE REMEMBER TO STATE YOUR NAME AND ADDRESS AND DIRECT YOUR COMMENTS TOWARDS US, THE TOWN COUNCIL.

STARTING US OFF TONIGHT WE'LL LEAD WITH MS. LINDSAY AIRS. GOOD EVENING, MA'AM.

>> GOOD EVENING, COUNCIL.

FIRST AND FOREMOST, I WANT TO THANK YOU FOR YOUR SERVICE TO OUR COMMUNITY.

IT IS A PLEASURE TO LIVE CLOSELY.

I LIVE AT 314, CATLIN CIRCLE, IN HIGHLAND VILLAGE.

BUT I DO ATTEND CHURCH AT THE VILLAGE CHURCH, FLOWER MOUND.

I'VE ATTENDED THAT CHURCH FOR THE LAST 20 YEARS.

AND ONE OF YOUR AGENDA ITEMS TONIGHT IS ABOUT THE PARKING STRUCTURE THAT WE WISH TO BUILD.

OVER THE COURSE OF MY 20 YEARS IN ATTENDANCE AND BEING A MEMBER OF THE VILLAGE CHURCH, FLOWER MOUND, I'VE SEEN A TREMENDOUS AMOUNT OF GROWTH OF THE CHURCH AND I'VE SEEN A LOT OF CHALLENGES THAT HAVE COME WITH THAT GROWTH.

ONE OF THE MAJOR CHALLENGES THAT WE HAVE EXPERIENCED IS THE ISSUE OF PARKING.

THE PARKING STRUCTURE THAT'S BEFORE YOU THIS EVENING, I IMPLORE YOU TO VOTE YES.

THIS WILL BE A MAJOR SOLUTION ON BEHALF OF OUR CHURCH.

AND I CAN PERSONALLY TESTIFY TO THE GOOD NEWS OF JESUS CHRIST THAT CHANGES LIVES.

[00:05:01]

I HAVE SEEN IT OVER AND OVER AGAIN IN MY OWN LIFE.

I'VE SEEN IT IN THE LIVES OF FRIENDS AND OF NEIGHBORS.

AND I'VE HAD QUITE A FEW PEOPLE WHO HAVE LEFT THE CHURCH BECAUSE OF THE ISSUE OF PARKING AND NOT BEING ABLE TO GET INTO WORSHIP ALONGSIDE OF US.

IT'S HEARTBREAKING TO HEAR THAT.

IT'S HEARTBREAKING TO SEE CO-WORKERS WHO USED TO COME WORSHIP WITH US WHO NO LONGER DO BECAUSE THEY CANNOT PARK BESIDE US.

WE DO LONG TO BE GOOD NEIGHBORS.

WE WANT TO HONOR THE TOWN, WE WANT TO HONOR THE NEIGHBORHOODS SURROUNDING OUR CHURCH.

ONE OF THE EASIEST SOLUTIONS TO OUR PROBLEM WITH THE BUSINESSES LOCALLY AND WITH THE NEIGHBORHOODS AROUND IS THE PARKING STRUCTURE.

I WOULD JUST HUMBLY COME BEFORE YOU AND ASK YOU TO PLEASE VOTE YES FOR THAT AGENDA ITEM.

I CANNOT THINK OF A TIME IN HISTORY WHEN THE MESSAGE OF THE HOPE OF THE GOSPEL OF JESUS CHRIST IS NEEDED MORE THAN IT IS RIGHT NOW.

WE ARE SEEING UNPRECEDENTED RATES OF DEPRESSION, MENTAL ILLNESS, MARRIAGES THAT ARE STRUGGLING, PEOPLE THAT ARE HURT AND THEY ARE CRYING OUT FOR SOMETHING.

AND WE KNOW WHAT THEY ALL NEED, AND THAT IS JESUS CHRIST.

THAT IS THE HEALING THAT COMES THROUGH JESUS CHRIST ALONE.

IF THE ISSUE IS THAT THEY CANNOT GET INTO HERE THAT MESSAGE BECAUSE OF PARKING, WE HAVE A HUGE MESS.

THERE IS NOTHING THE PEOPLE IN THE TOWN OF FLOWER MOUND NEED MORE THAN TO BE ABLE TO HAVE THE HOPE THAT COMES BECAUSE OF THE GOSPEL.

I JUST ASK AGAIN TO PLEASE VOTE YES TO THAT AGENDA ITEM.

THANK YOU AGAIN FOR SERVING OUR COMMUNITY. I APPRECIATE ALL OF YOU.

>> THANK YOU, MA'AM. NEXT, WE'LL HAVE MR. MATT CLAY.

>> GOOD EVENING. TO HAVE TO FOLLOW THAT, BUT I WILL.

MY NAME IS MATT CLAY.

THIS IS MY WIFE, AMBER.

WE LIVE AT 137, RED OAK LANE AND FLOWER MOUND.

WE'VE BEEN RESIDENTS FOR THE TOWN NOW FOR ALMOST 19 YEARS.

I HAVE A BUSINESS HERE AS WELL FOR ALMOST 20 YEARS.

WE'VE BEEN ATTENDING THE VILLAGE CHURCH AS WELL FOR ABOUT THE PAST 13 YEARS, AND WE LOVE IT HERE.

THIS TOWN AND THE CHURCH AS WELL IS OUR HOME.

THAT'S WHY TONIGHT WE WANT TO VOICE OUR SUPPORT AS WELL FOR THE IMPROVEMENTS AT THE VILLAGE IS PROPOSING ON THIS PROPERTY AT THE SOUTHEAST CORNER OF MORRIS N407.

I KNOW YOU'LL BE HEARING MORE ABOUT THAT LATER IN THE EVENING, BUT WE JUST WANTED TO SAY, WE'VE BEEN REALLY FORTUNATE TO SEE GROWTH THERE OVER THE YEARS AND WE'VE BEEN THANKFUL TO JUST BE A PART OF THAT.

WE'RE THANKFUL TO SEE THAT THE CHURCH IS DIGGING IN THE ROOTS WHERE THEY'RE AT.

OBVIOUSLY, THERE COULD BE OTHER OPTIONS TO EXPAND SOMEWHERE ELSE, BUT TO DO IT THERE, TO BEAUTIFY THAT CURRENT LOCATION, ENHANCE THAT CURRENT PROPERTY, I THINK IS SOMETHING THAT WE SHOULD ALL SUPPORT.

WHILE WE'RE EXCITED ABOUT THE NEW FACADE AND WE'RE EXCITED ABOUT THE PATIO, AND WE'RE EXCITED ABOUT THE TREES, AND WE'RE EXCITED ABOUT A PLACE TO GATHER AND CELEBRATE WEDDINGS AND BABY DEDICATIONS AND BE TOGETHER FOR FUNERALS, I THINK THE THING THAT WE WANTED TO SUPPORT THE MOST RIGHT NOW THAT WE'RE REALLY THE MOST EXCITED ABOUT WOULD BE JUST THE PARKING SOLUTIONS.

HAVING THAT PARKING GARAGE PERSONALLY FOR US.

WHAT THAT MEANS IS THAT WE'VE BOTH BEEN FORTUNATE TO HAVE OUR AGING PARENTS LIVE CLOSE BY.

THEY ATTEND CHURCH WITH US ON THE WEEKENDS AND WE JUST SEEN FIRSTHAND THE DIFFICULTIES THAT THAT CREATES HAVING A PARK ALONG WAYS AWAY, HAVING TO RIDE A SHUTTLE IN SOME INSTANCES BEING TURNED AWAY WHEN THE PARKING IS NOT THERE.

IT'S JUST IMPORTANT TO US TO SEE THAT NOT ONLY FOR THEM BUT FOR OTHERS AS WELL, WHEN WE INVITE FRIENDS WE'RE CONCERNED IF THEY MARK OUT TIME TO COME, THEY CAN'T FIND A PARKING SPOT, WE CAN'T GET THEM INTO THE SERVICE.

I JUST THINK IN BOTTOM LINE, THIS IS GOOD FOR OUR CHURCH.

BUT ANYTHING THAT'S GOOD FOR OUR CHURCH, I THINK, IS ALSO GOOD FOR THE TOWN.

THAT'S WHY WE'RE PLEASED TO BE HERE TONIGHT AND JUST FOR THE PROPOSED SOLUTION AND WANTED TO SUPPRESS OUR SUPPORT TO YOU GUYS. THANK YOU.

>> THANK YOU, MR. CLAY. APPRECIATE IT.

NEXT, WE'LL HAVE MR. MIKE PONS.

>> GOOD EVENING COMMISSION.

MY NAME IS MIKE PONS.

THIS MY WIFE OF 53 YEARS, DOROTHY.

WE LIVE AT 5,900 SOUTHERN HILLS GRAPH.

WE'VE BEEN A RESIDENT OF FLOWER MOUND FOR 14 YEARS.

[00:10:03]

PRIOR TO THAT WAY WERE RESIDENTS OF DOUBLE LEVEL FOR 27 YEARS, SO WE'VE BEEN AROUND.

CHILDREN BOTH GRADUATED AT MARKUS.

WE WOULD ALSO LIKE TO SPEAK IN SUPPORT OF THE IMPROVEMENTS FOR THE VILLAGE CHURCH.

WE HAVE BEEN MEMBERS OF THE VILLAGE CHURCH AND PRIOR TO THAT TO HOLLAND VILLAGE FIRST BAPTIST CHURCH FOR 36 YEARS.

OUR CHILDREN WERE BOTH BAPTIZED AT THERE AND WE HAVE SEEN FIRSTHAND, WE MOVED OVER INTO AND CONVERT IT TO A ALBERTSONS GROCERY STORE YEARS AGO.

I DROVE A BUS FOR YEARS, SHUTTLING PEOPLE BACK AND FORTH TO THAT LOCATION, TO THE LOCATION THERE AT 407 AND MARSH ROAD AND I CAN TELL YOU THAT JUST IS NOT SUSTAINABLE.

WE'VE SEEN PROPOSED IMPROVEMENTS TO THE BUILDING OF WHICH ONE IS THIS PARKING DECK, WHICH WOULD HELP ALLEVIATE THAT PARKING SITUATION.

WE JUST WANT TO SAY THAT WE'RE ALL FOR IT AND WILL LEAD TO DEBT, SO THANK YOU FOR YOUR TIME AND CONSIDERATION.

>> THANK YOU, MR. PONS. ALSO, FOR THE RECORD, I DO HAVE A COMMENT FORM FROM DOROTHY PONS DOES A NON-SPEAKING CARD, BUT IT DOES INDICATE HER SUPPORT FOR THAT AGENDA ITEM AS WELL.

THE NEXT CARD IS FOR MR. JOE BERNARD.

GOOD EVENING, SIR.

>> GOOD EVENING, JOE BERNARD, 10605 SUNRISE CIRCLE, FLOWER MOUND, TEXAS 76226.

I'D LIKE TO EXPRESS MY SUPPORT OF THE VILLAGE CHURCH IN THEIR PARKING STRUCTURE AS WELL.

I HAVE SEEN FIRSTHAND THAT THEY DO NOT HAVE ENOUGH PARKING OVER THERE SO, ONCE AGAIN, TOWN COUNCIL, I STAND IN FRONT OF YOU TONIGHT WITH THE SEWAGE PROBLEMS THAT ARE OCCURRING WITHIN MY NEIGHBORHOOD.

EARLIER THIS YEAR, YOU PROVED A APPROXIMATELY $450,000 TO ADD SEWAGE INFRASTRUCTURE TO OUR MOBILE HOME COMMUNITY.

I STAND BEFORE YOU TONIGHT TO TELL YOU THAT I DO NOT BELIEVE THAT SUITS INFRASTRUCTURE TO BE ADEQUATE.

THE LAST TIME I WAS HERE, WE LEFT OFF DOWN HERE.

WE TALKED ABOUT HOW WE HAVE HAD TOTAL COLIFORM PRESIDENT WITHIN OUR WATER BEFORE AND E. COLI, MR. CHILDREN'S POINTED OUT TO YOU THAT HE DIDN'T BELIEVE E.

COLI WAS PRESENT WITHIN THE SYSTEM ON SUNRISE CIRCLE.

I STAND HERE TONIGHT TO TELL YOU THAT IT IS ALL ONE SYSTEM.

IF ANY, WELL, WITHIN THE SYSTEM PRESENTS E COLI.

E COLI IS WITHIN THE SYSTEM ENTIRELY.

IT IS A REDUNDANCY SYSTEM TO ENSURE THAT THE WATER PSI DOES NOT DROP BELOW 43? IF IT'S PRESENT, IT'S PRESENT. IT'S JUST HOW IT IS.

THE WELL ON STONE CREST AND THE WELL ON SUNRISE CIRCLE.

WELL, NUMBER 1 AND NUMBER 3.

WELL, NUMBER 3 IS THE ONE THAT TESTED POSITIVE FOR E COLI.

WELL, NUMBER 1 IS THE ONE ON SUNRISE CIRCLE, EXCUSE ME.

WELL, NUMBER 3 IS ON SUNRISE CIRCLE.

WELL, NUMBER 1 IS ON STONE GRIST.

WELL NUMBER 3 PRESENTED POSITIVE FOR TOTAL COLIFORM FIVE TIMES IN E. COLI ON WELL NUMBER 1.

WELL NUMBER 1 HAD AN ACTIVE FAILING SEPTIC SYSTEM WITHIN ITS SANITARY CONTROL EASEMENT.

I KNOW SUCH BECAUSE I PURCHASED A PIECE OF PROPERTY THAT WAS AROUND IT.

I KNEW THIS BECAME A PROBLEM AND I WENT TO THE OWNERS PURCHASE THE PIECE AND CRUSHED THE TANK.

I KNEW SOMETHING WAS HAPPENING TO THE PEOPLE WITHIN MY COMMUNITY AND I DID SOMETHING ABOUT IT.

I STEPPED FORWARD WITH MY DOLLARS PERSONALLY AND CRUSHED THE TANK.

INACTIVE, CAN NO LONGER PUT A HOME THERE.

WE COME TO THE PIECE OF PAPER I'VE PRESENTED TO YOU TODAY.

THERE IS NOTHING MORE FRIGHTENING, IN MY OPINION.

BEYOND E. COLI OR TOTAL COLIFORM BEING IN THE WATER, THEN THE WATER COMPANY THEMSELVES FAILING TO SUBMIT RESULTS.

I PRESENT THE QUESTION, WHY DID THEY FAIL TO SUBMIT RESULTS?

[00:15:01]

IS IT BECAUSE THEY HAD E. COLI OR TOTAL COLIFORM AND IT WAS EASIER TO DO THIS.

THIS PROVES WE CANNOT TRUST THE WATER COMPANY TO ENSURE OUR SAFETY. WE CANNOT TRUST THEM.

TECQ HAS DOCUMENTED THEIR FAILURE NOT ONLY TO COMPLY WITH THE REGULATION, BUT AS WELL THE FAILURE OF THE SYSTEM AND TO THE E. COLI AND TOTAL COLIFORM WITHIN THE WATER.

WE CANNOT TRUST THE SYSTEM IN PLACE.

YOU ARE THE ONLY INDIVIDUALS THAT HAVE THE POWER TO FIX THIS SITUATION.

I WILL STAND HERE UNTIL YOU DO SOMETHING ABOUT IT.

I AM NOT GOING AWAY.

>>THANK YOU MR. BERNARD, MAX WILL HAVE MR. HEARST. HEARST

>> MATTHEW HEARST, 4158, MEADOWVIEW DRIVE.

ARGYLE, TEXAS 76226.

GOOD EVENING TOWN COUNCIL.

AFTER EACH MEETING, MR. BERNARD AND MYSELF ARE ACCUSED OF TELLING HALF TRUTHS VIA STATEMENTS OF FACT BY TOWN STAFF.

WE DO NOT TELL HALF TRUTHS QUITE THE OPPOSITE.

SINCE THE TOWN INITIATED THIS PROJECT REPEATEDLY, TOWN STAFF HAS LIED TO OUR COMMUNITY OVER THE ISSUES AT HAND TO ENSURE THERE ARE NO MORE ACCUSATIONS OF HALF TRUTHS, WE WILL BE PROVIDING EVIDENCE OF THE LIVING CONDITIONS FOR THE RESIDENTS OF SUNRISE CIRCLE, PICTURES OF THE SEWAGE WATER TO PREVENT ANY FURTHER FALSE ACCUSATIONS BY TOWN STAFF.

DURING THE MEETING ON NOVEMBER THE SIXTH, I ADVISE THAT SEWAGE LITERALLY FLOWS DOWN OUR STREETS.

I PRESENT THIS PHOTO TAKEN EARLIER THIS WEEK.

THIS IS SEWAGE RUNOFF FROM A HOME WITHIN 200 FEET FROM THE WELL THAT PROVIDES OUR DRINKING WATER.

PLEASE UNDERSTAND THESE ARE THE CONDITIONS WE FACE.

FLOWING SEWAGE DOWN OUR STREETS.

IT HAD NOT RAINED.

THEY DIDN'T KNOW. THEY DO NOT HAVE SPRINKLERS.

THAT IS FROM THEIR TANKS ON THEIR FRONT YARD, IN THEIR FRONT YARD IS WET.

THERE ARE CHILDREN WHO PLAY IN THE STREETS AND THEY SHOULD NOT BE EXPOSED TO THIS ENVIRONMENTAL HAZARD.

HERE'S A SCREENSHOT FROM THE TOWNS WEBPAGE OF THE PRIOR OPEN CASE, OPEN FOR OVER A YEAR NOW.

NOW, WE HAVE ANOTHER OPEN CASE WHICH HAS OPENED THIS WEEK.

YES. WE HAVE TO OPEN CASES OF FAILING SEPARATE SYSTEM SURROUNDING THE PUBLIC WATER WELL THAT IS LOCATED WITHIN THE TOWN OF FLOWER MOUND.

MR. CHILDERS, YOU ARE MORE THAN WELCOME TO ADD THIS NEW INFORMATION TO THE WEBSITE BIT.

THE END OF THE DAY, WE DO NOT NEED A PRETTY WEBSITE.

THERE ARE LARGER ISSUES AT HAND AND A WEBSITE DOES NOT PROVIDE US THE ADEQUATE SANITATION NORTHERN PROTECTION FOR OUR DRINKING WATER. TOWN COUNCIL.

WE ARE ASKING FOR A FULL SEWAGE INFRASTRUCTURE PROJECT FOR OUR ENTIRE AREA TO PREVENT FROM FACING THESE ONGOING ISSUES AGAIN IN THE FUTURE.

WE DESERVE BETTER THAN SEWAGE FLOWING DOWN OUR STREETS.

WE DESERVE BETTER THAN E COLI AND COLIFORM AND OUR WATER.

YOU AS A COUNSELOR, ARE THE ONLY INDIVIDUALS THAT HAVE THE ABILITY TO FIX THE SOURCE OF THE PROBLEM ONCE AND FOR ALL, WE DESPERATELY NEED A FULL SEWAGE INFRASTRUCTURE PROJECT.

WE ASK THAT YOU FUND AND PROVIDE SUCH. THANK YOU.

>> THANK YOU. MR. HEARST.

NEXT WILL BE MS. DANA ELLSWORTH.

>> GOOD EVENING. DANA ELLSWORTH, 1419 LIMERICK COURT, KELLER, TEXAS.

EACH TIME I WALK INTO THESE CHAMBERS, I THINK TO MYSELF, SURELY THIS WILL BE THE DAY TOWN COUNCIL IN TOWN STAFF WILL OWN THEIR MISTAKES AND FIX THE INFRASTRUCTURE PROBLEMS ON SUNRISE CIRCLE IN OAK RIDGE LANE.

YET EVERY TIME I BELIEVE I'M DISAPPOINTED.

I DON'T UNDERSTAND HOW YOU CAN SIT THERE AND ALLOW TOWN STAFF TO CONTINUALLY DISCREDIT MEMBERS, HOMEOWNERS OF THE MOBILE HOME COMMUNITY.

WE'VE BEEN HERE WEEK AFTER WEEK, MONTH AFTER MONTH, TELLING YOU THESE ISSUES TO NO AVAIL.

YOU HAVE ALLOWED TOWN STAFF TO DISCREDIT OUR RESEARCH AND SAY IT IS FALSE INFORMATION.

TOWN STAFF HAS MISLED US TIME AND TIME AGAIN, CHERRY-PICKING FAVORABLE INFORMATION IN ORDER TO FUEL THEIR FALSE NARRATIVE ALL THE WHILE ACCUSING US OF PROVIDING MISINFORMATION.

THERE IS A MASSIVE SEWER PROBLEM ON SUNRISE CIRCLE AND OAK RIDGE LANE OF THAT THERE IS NO DOUBT AND DENYING IT IS ONLY MAKING PEOPLE SUFFER THE CONSEQUENCES IN THE COMMUNITY.

WE UNDERSTAND YOU DON'T LIKE CONTINUALLY HEARING ABOUT THESE PROBLEMS, SO WE ARE HERE ONCE AGAIN ASKING FOR YOU TO FIX THEM.

FINISH THE $450,000 PROJECT THAT WAS APPROVED,

[00:20:01]

AND THEN INSTALL SEWER INFRASTRUCTURE FOR EVERYONE, INCLUDING THOSE WHOSE SYSTEMS ARE FAILING AROUND THESE WATER WELLS.

THESE HOMEOWNERS DESERVE BETTER.

THEY'VE BEEN PAYING FLOWER MOUND TAXES FOR MORE THAN 25 YEARS FOR SERVICES THEY WERE ASSURED YET NEVER PROVIDED.

PUBLIC HEALTH IS AT RISK AND YOU ARE THE ONLY PEOPLE WITH THE POWER TO FIX THE PROBLEM ONCE AND FOR ALL.

>> THANK YOU, MA'AM. 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 COMMENT, PLEASE STAND UP OR RAISE YOUR HAND.

SEEING AND HEARING NONE PUBLIC COMMENT IS CLOSED.

I'LL BE TAKING A POINT OF PRIVILEGE.

DOES ANY MEMBER OF STAFF TOWN COUNCIL, OR STAFF WISH TO MAKE A STATEMENT OF FACT OR CORRECTION FOR ANY INFORMATION THAT WE HEARD DURING PUBLIC COMMENT?

>> THANK YOU, MAYOR I'LL DO THAT THIS EVENING, EXCUSE ME.

[NOISE] THE NEXT MEETING ON DECEMBER 4TH IS WHEN WE'LL BRING THIS ITEM BEFORE YOU WILL BE ABLE TO SPEAK RESPONSIVE TO THE TWO CASES THAT THEY REFERENCED THAT WAS OPENED UP AT THE LOCATION.

MORE IMPORTANTLY, STAFF IS WORKING HARD TO ENGAGE THE ENTIRE COMMUNITY OUT THERE NOT JUST TO TWO OR THREE INDIVIDUALS ARE SHOWING UP EVERY DAY TO MAKE SURE THAT WE'RE GETTING THE FEEDBACK AND PROVIDE NEW WET, THE RESONANCE IN TOTALITY ARE LOOKING FOR IN THEIR INSIGHTS ON A PARTICULAR ISSUE.

OUR GOAL IS ON DECEMBER 4TH TO BRING ALL THE INFORMATION BEFORE YOU AND GIVE YOU SOME OPTIONS ABOUT HOW YOU CAN POTENTIALLY PROCEED TO ADDRESS THE EXTENSION OF THE SEWER IN A PARTICULAR AREA.

>> THANK YOU, JAMES. MR. BERNARD BROUGHT IN SOME DOCUMENTS THAT WERE DATED FROM 2005 THAT WAS DISPLAYED IN 2019.

JAMES, DO WE HAVE ANYTHING THAT YOU GUYS HAVE FROM STAFF THAT YOU MIGHT BE WITHHOLDING OR NOT SHOWING US [OVERLAPPING]?

>> NO. THE INFORMATION AS SHOWN ON A WEEKLY BASIS, VOLUNTEER INFORMATION THAT WE'VE BEEN GIVEN BEFORE WE ALREADY HAD AND MOST LIGHT AND USUALLY DISPLAY ON THE WEBSITE, SO THIS IS NOT NEW INFORMATION.

>> THANK YOU, SIR. DOES ANY MEMBER OF COUNCIL WISH TO MAKE A STATEMENT OF FACT? WE'LL BE MOVING ON.

AS I MENTIONED EARLIER, TONIGHT WE'RE GOING TO DO THINGS A LITTLE BIT DIFFERENT.

WE'RE CHANGING UP THE ORDER AND MOVING SOME OF OUR AGENDA ITEMS TO A DIFFERENT DATE SO THAT WE CAN ADDRESS A PRESSING LEGAL MATTER WITH OUR TOWN ATTORNEY SOONER THAN LATER.

THERE WAS A SIGN IN THE LOBBY FOR PUBLIC COMMENT TABLE THAT SHOWS WHAT THAT ORDER WILL BE AND PLEASE ACCEPT OUR SINCERE APOLOGY FOR ANY INCONVENIENCE THAT THIS MAY CAUSE.

THAT BEING SAID, THE TIME IS NOW 6:22 AND THE TOWN COUNCIL IS

[I. CLOSED MEETING]

CONVENING INTO A CLOSED MEETING PURSUANT TO TEXAS GOVERNMENT CODE CHAPTER 551, SECTION 071, FOR CONSULTATION WITH YOUR ATTORNEY.

THE TIME IS NOW 7:21 AND THE TOWN COUNCIL IS RECONVENE INTO AN OPEN MEETING.

WE'LL BE MOVING ON TO ITEM F CONSENT ITEMS.

[E. CONSENT ITEM(S)]

DOES ANYONE WISH TO MOVE ANY OF THE CONSENT ITEMS TO THE REGULAR AGENDA? IF NOT, I'LL ENTERTAIN A MOTION FOR ITEMS 1 THROUGH 6.

>> I MOVED TO APPROVE ITEMS E1 THROUGH 6 AS PRESENTED.

>> SECOND.

>> BRING ON THE ORIGINAL PUBLISHED AGENDA, IT WAS E ON THE UPDATED AGENDA PRINTED.

IT'S F, JUST FOR A POINT OF CLARIFICATION.

CAN WE APPROVE THE CONSENT ITEMS AS PRESENTED?

>> YES.

>> OR DO WE HAVE TO SAY E OR F? NO, IT'S FINE.

IF WE JUST COLLECTIVELY APPROVE THE CONSENT AGENDA, THAT'S SUFFICIENT.

>> THANK YOU, SIR. WE HAVE A MOTION AND A SECOND, PLEASE CALL THE ROLL.

>> COUNCILMEMBER TAYLOR?

>> AYE.

>> COUNCIL MEMBER DREW?

>> AYE.

>> TIM ENGEL?

>> AYE.

>> DEPUTY MAYOR PRO TEM MARTIN?

>> AYE.

>> COUNCILMEMBER SCHIESTEL.

>> AYE.

>> CONTENT ADAMS PASSED BY UNANIMOUS VOTE.

MOVING ON TO WORK SESSION ITEMS, PUBLIC IMPROVEMENT DISTRICTS.

[G. WORK SESSION ITEM]

JAMES, I'LL TURN IT OVER TO YOU FIRST.

>> THANK YOU, MAYOR. I INVITE MARY PETTY FROM P3 WORKS TO COME UP FRONT.

WELL, YOU ALL KNOW VERY WELL AND WE'VE DONE A LOT OF TALK ABOUT TERRORS AND WE ASK MARY TO JOIN US AGAIN TO TALK A LITTLE BIT ABOUT PID AND WHAT THE INTENT OF TONIGHT IS TO GIVE SOME BROAD PID ONE-ON-ONE, JUST BASIC EDUCATION.

AS YOU KNOW, WE'VE HAD A REQUEST POTENTIALLY FOR A PIT ELECTION SOME POINT DOWN THE LINE, AND WE WANTED TO USE THIS OPPORTUNITY TO EDUCATE NOT ONLY YOU AS A COUNCIL, BUT ALSO THE PUBLIC THAT ARE WATCHING ABOUT PUBLIC IMPROVEMENT DISTRICTS.

[00:25:01]

WITH THAT, I WILL TURN IT OVER TO MARY.

>> GOOD EVENING MRS. PETTY?

>> GOOD EVENING, MAYOR AND COUNCIL.

THANK YOU. MR. TAYLOR.

PUBLIC IMPROVEMENT DISTRICTS OR SOMETHING THAT YOU ACTUALLY HAVE ONE IN YOUR TOWN LIMITS.

BUT THERE HAVE BEEN NUMEROUS BEST PRACTICES THAT HAVE ESTABLISH THEMSELVES OVER THE LAST SEVERAL YEARS.

I WANT TO INTRODUCE YOU ALL TO SOME OF THOSE ALSO TO THE PUBLIC TO WHAT SPECIFICALLY IS A PUBLIC IMPROVEMENT DISTRICT? IT'S GOVERNED BY CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE AND ALLOWS A CITY OR A COUNTY TO CREATE A SPECIAL DISTRICT, NOT A SPECIAL TAXING DISTRICT AND WE'LL GET INTO THAT IN JUST A MINUTE.

BUT IT'S VERY SPECIFIC 372 IS ABOUT WHAT YOU CAN AND CANNOT DO, WHAT YOU CAN AND CAN NOT REIMBURSE AND THE LIMITATIONS AND THE DOCUMENTS THAT ARE NECESSARY IN ORDER FOR THAT PUBLIC IMPROVEMENT DISTRICT TO BE COMPLIANT WITH STATUTE.

FIRST THING, PIDS ARE NOT SEPARATE POLITICAL SUBDIVISIONS.

THEY DO NOT HAVE A BOARD, THEY DO NOT CALL FOR VOTES.

THE COUNCIL ACTUALLY SERVES AS AN EFFECTIVE BOARD, YOU TAKE ALL THE ACTIONS RELATIVE TO A PID.

IT ALLOWS THE CITY TO EXTEND PUBLIC INFRASTRUCTURE WITHOUT BURDENING CURRENT RATE PAYERS AND TAXPAYERS.

IT'S ALSO CONSIDERED ONE OF THOSE ECONOMIC DEVELOPMENT TOOLS THAT'S IN YOUR TOOLBOX THAT YOU CAN USE TO INCENTIVIZE CERTAIN TYPES OF DEVELOPMENT, WHETHER IT'S SPECIFIC TYPES, BRANDS, OR SIZES.

YOU CAN GROW THE TOWN'S TAX SPACE WITHOUT GIVING UP INCREMENTS FROM YOUR AD VALOREM TAXES OR YOUR SALES TAXES, OR EVEN FROM OTHER FEES SUCH AS IMPACT FEES, ETC.

PIDS CAN ALSO AFFORD THE TOWN'S COMPREHENSIVE PLANS, SO YOU CAN MAKE CERTAIN REQUIREMENTS.

USUALLY CITIES WILL REQUIRE THAT ALL DEVELOPMENT IS COMPLIANT WITH THEIR SUBDIVISION STANDARDS.

BUT OFTENTIMES ANNEXATION IS ONE OF THE TOOLS THAT IS USED IN HERE AND SO THAT'S A BIG SELLING POINT FOR GROWING COMMUNITIES.

USUALLY WHAT YOU WANT TO SEE IS THAT, BUT FOR THE PID YOU ARE GETTING SOMETHING THAT YOU WOULD NORMALLY NOT GET.

THAT'S USUALLY A MASTER PLAN COMMUNITY HIGHLY AND MONETIZE, SIGNIFICANT, EITHER BRANDS OR TRAILS OR PARKS OR SOMETHING THAT YOU WOULD NORMALLY NOT BE ABLE TO REQUIRE UNDER YOUR SUBDIVISION STANDARDS.

BECAUSE PIDS HAVE BECOME VERY TEDIOUS, WHICH IS A GOOD THING, BECAUSE IT ALLOWS YOU TO PUT A LOT OF DETAIL INTO YOUR PIDS AND REQUIRE A LOT OF SPECIFICITY TO WHAT IS ACCOMPLISHED.

YOU SEE TOWN STAFF AND THIRD PARTIES CONSULTANTS SERVING ON BEHALF OF THE TOWN TO ACCOMPLISH THOSE THINGS.

EACH ONE OF THOSE PROFESSIONAL BRINGS THEIR EXPERTISE AND THEY WORK COLLECTIVELY AS A GROUP.

ON THE OTHER SIDE OF THE TABLE, YOU WILL HAVE EITHER THE LANDOWNER OR THE DEVELOPER THAT'S REQUESTING THE PID, ASKING FOR CERTAIN TERMS. THIS TEAM IS HERE TO BRIEF YOU ON WHAT THOSE BEST PRACTICES ARE AND THE IMPLICATIONS WHEN YOU'RE ASKED TO CONSIDER SOMETHING, WHAT THAT LOOKS LIKE, SPECIFICALLY RELATED TO YOUR SUBDIVISION STANDARDS, YOUR CHARTER, AND OTHER THINGS RELATED TO TOWN SPECIFICS.

THERE'S GENERALLY THREE TYPES OF PIDS.

YOU'VE GOT TO PAY AS YOU GO PID, WHICH THE PID ASSESSMENT IS COLLECTED TO REIMBURSE FOR INFRASTRUCTURE OVER TIME.

YOU HAVE WHAT'S CALLED A REIMBURSEMENT BOND.

LANDOWNER OR DEVELOPER INSTALLS INFRASTRUCTURE, THAT INFRASTRUCTURE ONCE IS ACCEPTED BY THE TOWN, WOULD BE REIMBURSED BY THE ISSUANCE OF BONDS.

NOW THESE ARE BONDS ARE UNIQUE, THAT YOU'RE NOT BACKED BY THE FULL FAITH AND CREDIT OF THE CITY, THEY ARE SPECIAL REVENUE BONDS THAT ARE TIED TO ASSESSMENTS THAT ARE PLACED ON THE LAND.

THEN YOU HAVE A CONSTRUCTION BONDS FOR UPFRONT BONDING.

THOSE BONDS ARE USUALLY ISSUED BY MUNICIPALITIES WHILE THERE IS INFRASTRUCTURE EITHER GETTING STARTED OR UNDERWAY SO THAT IT CAN PROVIDE CONSTRUCTION DOLLARS.

THE DEVELOPER OR LANDOWNERS ACTUALLY DRAWING DOWN ON CONSTRUCTION FUNDS TO PAY VENDORS DIRECTLY FOR THOSE COMPONENTS.

THERE'S SOME PERCEIVED RISK RELATIVE TO THOSE DIFFERENT TYPES.

THE PAY AS YOU GO. THE DEVELOPER BEARS ALL OF THE COSTS.

THEY BEAR THE TIME FRAME IT TAKES TO REIMBURSE AND IF THERE IS A DELINQUENCY, THEY ARE THE ONES NOT REIMBURSED.

THE BONDED PIDS, YOU HAVE SOME COMPONENTS RELATIVE TO THE TIMING OF THE BONDS THAT HAS MORE PERCEIVED RISK, BUT GENERALLY, AS YOUR DEVELOPMENT DIVERSIFIES AND THAT PAYER BASE DIVERSIFIES, THAT RISK IS ELIMINATED.

IT'S GENERALLY THOSE EARLY YEARS WHEN IT'S ALL ONE RATE PAYER OR ALL ONE LANDOWNER.

HOW DOES A PID WORK? IT'S A GEOGRAPHIC BOUNDARY THAT IS DEFINED OVER A CONTIGUOUS PIECE OF LAND.

THAT PROPERTY CAN BE INSIDE THE CITY LIMITS OR IT CAN BE ONLY INSIDE THE ETJ OR A COMBINATION.

ASSESSMENTS ARE LEVIED ON THE PROPERTY.

THEY CAN BE PAID ALL AT ONCE, OR THEY CAN BE PAID OVER TIME.

MEANING IF THE LANDOWNER THAT INHERITS THIS BY THE PURCHASE OF A LOT DECIDES THAT THEY WANT TO PAY THIS OFF.

THEY CAN PAY IT OFF AT ANYTIME.

IT'S NOT LIKE A PROPERTY TAX LEVIED BY YOURSELVES

[00:30:04]

WHERE IT IS ASSESSED EVERY YEAR AND IT GOES ON IN PERPETUITY.

IT IS A FINITE ASSESSMENT THAT'S PLACED ON THE LAND.

IT'S A LEAN THAT RUNS WITH THE LAND, SO AS THE OWNERSHIP OF THE LAND CHANGES, THAT LEAN STAYS IN PLACE UNTIL IT'S PAID.

IF YOU NO LONGER OWN THE LAND, YOU HAVE NO OBLIGATION TO PAY IT OFF OR TO PAY IT IN THE FUTURE.

THE ASSESSMENTS ARE USED TO PAY FOR PUBLIC INFRASTRUCTURE, SO WHILE WE TALKED EARLIER ABOUT YOUR PUBLIC IMPROVEMENT DISTRICT BEING HIGHLY MONETIZED, HAVING CERTAIN UNIQUE CAPABILITIES OR CHARACTERISTICS.

THE ASSESSMENTS ARE LIMITED IN WHAT THEY CAN PAY FOR BY THE STATUTE BY THROUGH 72.

GENERALLY, IT'S PUBLIC INFRASTRUCTURE.

IN PAYING FOR THE PUBLIC INFRASTRUCTURE OR ACTUALLY REIMBURSING FOR THE PUBLIC INFRASTRUCTURE.

YOU, THE TOWN IN THIS NEGOTIATION ARE ABLE TO REQUIRE CERTAIN COMPONENTS, BUT FOR THE PID, YOU MOST LIKELY WOULD NOT BE ABLE TO REQUIRE.

ADMINISTRATIVE EXPENSES, ALL THE COST OF YOUR THIRD-PARTY CONSULTANTS IN ORDER TO PROCEED THROUGH THESE PROCESS ARE BORNE BY EITHER A DEVELOPER ESCROW OR BORNE BY THE ANNUAL INSTALLMENT IN THE COLLECTION OF ADMINISTRATION FEES SO THAT THE GENERAL FUND IS NOT BEING USED TO FUND THE ADMINISTRATIVE COSTS FOR THESE PARTICULAR DISTRICTS.

THE CREATION PROCESS IS VERY STRUCTURED IN 372, YOUR CHARTER ALSO REQUIRES ANOTHER LAYER AND SO I'M JUST GOING TO SPEAK QUICKLY ABOUT HOW 372 COVERS HOW IT'S CREATED AND THEN WE'LL TALK ABOUT YOUR CHARTER IN A MINUTE.

IN GENERAL, DEVELOPER ORLANDO, SUBMITS A PETITION.

THAT PETITION USUALLY TRIGGERS THE REQUEST OF MEETINGS.

THIS TOWN USUALLY WILL SAY, YOU HAVE TO DEPOSIT AN ESCROW BECAUSE WE'RE GOING TO START SPENDING MONEY.

A PUBLIC HEARING IS CALLED WITH THE ACCEPTANCE OF THAT PETITION TO CONSIDER THE ADVISABILITY OF THE CREATION OF THAT PID, AND THAT PUBLIC HEARING ALSO REQUIRES PUBLIC NOTICES.

THAT NOTICE IS ONLY MAILED TO PROPERTY OWNERS WITHIN THAT PROPOSED DISTRICT, AND THAT DISTRICT IS DEFINED BY THAT PETITION.

GOING THROUGH THE PROCESS IS A NEGOTIATION SO BETWEEN YOUR BULLET POINT 3, 4, AND 5 COULD BE A QUITE A BIT OF TIME.

BECAUSE THEN YOU ARE NEGOTIATING WHAT ARE THE TERMS THAT YOU OR A TOWN CONSULTANTS ARE RECOMMENDING IN ORDER TO ACCOMPLISH THE THINGS THAT ARE MUTUALLY BENEFICIAL TO BOTH THE TOWN AND THE DEVELOPER.

THERE ARE A SERIES OF DOCUMENTS THAT HAVE TO BE CREATED IN ORDER TO MEMORIZE ALL THAT AND THOSE ARE LISTED THERE.

THAT IS NOT AN EXHAUSTIVE LIST HOWEVER.

THEN YOU HAVE ANOTHER HEARING THAT'S REQUIRED TO BE CALLED RELATIVE TO THE LEVEE OF THE ASSESSMENTS.

NOW, THOSE ASSESSMENTS ARE NOT LEVIED ON THE ENTIRE PROPERTY.

SO USUALLY A DEVELOPER DOES CONSTRUCTION ON A FACE-BY-FACE BASIS.

THEREFORE, THOSE ASSESSMENTS ARE PLACED ON THEIR BIO FACE BY FACE BASIS AS WELL.

IN THAT LEVY, YOU HAVE SEVERAL MORE DOCUMENTS THAT NEED TO BE CREATED AND UPDATED AND ADOPTED IN ORDER TO AFFECT THAT LIEN ON THE PROPERTY.

AT THAT POINT IN TIME, THAT'S OFTENTIMES WHEN A CONSTRUCTION BOND WILL BE ISSUED IS AT THE TIME OF THE LEVY.

REIMBURSEMENT BONDS YOU WOULD LEVY AND THEN YOU HAVE THOSE BONDS BE ISSUE LATER.

TYPICALLY, THIS PROCESS IS A SIX-MONTH PROCESS.

IF ALL THINGS ARE HITTING ON ALL CYLINDERS AND EVERYTHING'S GOING SMOOTHLY, OFTENTIMES IT TAKES MUCH LONGER.

SO THERE ARE BENEFITS TO A PIN.

NOW THESE ARE BENEFITS THAT ARE NOT NECESSARILY SPECIFIC TO THE TOWN OF FLOWER MOUND, BUT IT LIMITS THE REIMBURSEMENT OF THE INFRASTRUCTURE FROM ONLY THE FOLKS, THE FOLKS PAYING THE ASSESSMENTS ARE THE ONES THAT ARE BENEFITING FROM IT SO YOU DON'T HAVE FOLKS ACROSS TO TOWN PAYING ASSESSMENTS FOR INFRASTRUCTURE THAT THEY NEVER RECEIVE A BENEFIT FROM.

SOME TOWNS ARE ABLE TO REQUIRE OVER SIZING.

THEY ARE ABLE TO PARTICIPATE IN THE FUNDING OF THAT.

I DON'T EXPECT THAT TO BE SOMETHING HERE.

THE TOWN CAN REQUIRE CERTAIN TYPES OF CASH CONTRIBUTIONS IN ORDER TO FUND OTHER PROJECTS, PUBLIC SAFETY, THINGS OF THAT NATURE.

IT CAN PROTECT THE CURRENT RESIDENTS FROM HAVING TO PAY FOR INFRASTRUCTURE COSTS SO THE TOWN MIGHT FIND DESIRABLE OR NEED TO FUND BECAUSE OF CERTAIN OBLIGATIONS THEY HAVE.

BECAUSE YOU ARE ENTERING INTO A CONTRACT OR BECAUSE YOU ARE NEGOTIATING CERTAIN PARAMETERS, YOU CAN PUT SPECIFIC PERFORMANCE MEASURES IN ALL OF THE DOCUMENTS.

CLAW BACK PROVISION, TIMEFRAMES IN WHICH CERTAIN THINGS HAVE TO BE ACCOMPLISHED.

YOU CAN ALSO ADHERE TO CERTAIN BUILDING MATERIALS THAT ARE DESIRABLE BECAUSE YOU ARE GRANTING MONETARY CONSIDERATION.

YOU CAN ALSO REQUIRE ADDITIONAL TRAILS, PARKS, ENHANCEMENTS TO REQUIRED TRAILS AND PARKS, AND YOU CAN ALSO ACTIVATE OPEN SPACE AND PROVIDE FOR GREATER OPEN SPACE PROTECTION.

THIS IS JUST A SLIDE THAT SAYS, IF YOU DO A PID YOU DO HAVE CERTAIN OBLIGATIONS AND DUTIES, GENERALLY, THE TOWN'S OBLIGATION WOULD BE TO INSPECT THE PUBLIC IMPROVEMENTS AS THEY ARE CONSTRUCTED AS YOU NORMALLY WOULD BECAUSE IT IS PUBLIC INFRASTRUCTURE AND THEN HIGHER AND OVERSEE ADMINISTRATOR, YOUR ADMINISTRATOR'S RESPONSIBLE FOR A SERIES OF DUTIES THAT USUALLY ARE DIRECTED BY STAFF BUT ALSO ADHERE TO 372 AND THE PROFESSIONALS THAT THEY ALSO WORK WITH.

[00:35:06]

THERE ARE SOME IMPLICATIONS FOR THE TOWN, AS I SAID EARLIER, BONDS THAT WOULD BE ISSUED OR OBLIGATIONS THAT ARE INCURRED BY THE PID ARE NON RECOURSE TO THE TOWN, MEANING THAT IT'S NOT PAID FROM ANY SOURCE OF GENERAL FUND MONEY, SALES TAX, ANY OF YOUR SPECIAL REVENUES.

IT IS ONLY BACKED BY THE ASSESSMENTS THAT ARE PLACED ON THE LAND.

IT'S ALSO NOT BACKED BY ANY OTHER ASSESSMENTS IN ANY OTHER PID OR ANY OTHER IMPROVEMENT AREA.

IT'S VERY SPECIFICALLY TIED TO THE LAND FOR WHICH THE LEVEE WAS PLACED.

IF THE TOWN DOES ISSUE DEBT, THOSE DEBT COMPONENTS, THOSE BONDS ARE NOT BACKED BY THE FULL FAITH IN CREDIT OF THE CITY, BUT THEY DON'T IMPACT YOUR CREDIT RATING AND THEY'RE NOT PART OF YOUR DEBT CAPACITY, SO THEY DON'T GO INTO YOUR INS CALCULATION OR IMPACT ANY OF THOSE CALCULATIONS THERE.

I'VE SAID SEVERAL TIMES YOU KEEP YOUR AD VALOREM AND YOUR SALES TAX REVENUES SO YOU DON'T HAVE ANY DECREASE IN YOUR REVENUES.

THE ONE THING THAT WE HAVE FOUND THAT IT DOES COUNT AGAINST IS YOUR BANK QUALIFIED DEBT LIMIT.

I DON'T KNOW HOW FAMILIAR YOU ARE WITH THAT, BUT IN THE INSTANCE, OFTENTIMES IT'S SMALL CITIES THAT ARE ISSUING LESS THAN $10 MILLION IN DEBT.

THEY CAN ISSUE IT THROUGH A BANK QUALIFIED METHOD, WHICH IS A MORE EXPEDITED WAY, AND THEN YOU'RE LIMITED TO 10 MILLION, SO PAID DEBT WOULD COUNT AS PART OF THAT 10.

THERE'S WAYS TO MITIGATE THE COST INCREASES ON AN INTEREST RATE COMPONENT.

BUT I WOULD SUSPECT FLOWER MOUND IS LARGE ENOUGH THAT YOU DON'T TYPICALLY ISSUE IN THAT SERIES.

ALSO SPOKEN ABOUT THE CREATION ADMINISTRATION COSTS ARE PAID.

THEY ARE EITHER BORN BY THE LANDOWNER THROUGH AN ESCROW THAT IS PLACED WITH THE TOWN OR THEY ARE PAID THROUGH THE ADMINISTRATION COSTS COLLECTED.

THERE ARE BENEFITS AND THERE ARE CHALLENGES TO PIDS AND THOSE HAVE TO BE EVALUATED BY THE POLICYMAKERS.

OFTENTIMES, PIDS ARE A GREAT TOOL SINCE ANNEXATION LAWS HAVE CHANGED.

SMALLER CITIES AND GROWING CITIES USE A PID IN RETURN FOR ANNEXATION TO OCCUR.

IT DOES ALLOW YOU TO INCREASE AND CONTROL YOUR TAX BASE, CONTROLLED IN THE SENSE THAT YOU'RE ABLE TO GRANT A REIMBURSEMENT FOR A PID IN ORDER TO GET HIGHER VALUE THAT YOU MIGHT NOT NORMALLY GET, ADVANCING MASTER PLANS AS I MENTIONED, CASH CONTRIBUTIONS TO THE TOWN.

YOU DO HAVE CHALLENGES. THERE'S PUBLIC PERCEPTION, HEADLINE RISK, THE MARKET DOES MOVE SO IF YOU ISSUED PID BONDS LAST YEAR, YOU HAD REALLY GREAT RATES THIS YEAR, NOT SO GREAT.

SAME THING WITH YOUR GOS AND COS SAYS THAT MARKET MOVEMENT IMPACTS THEM.

THERE IS SOME ADMINISTRATIVE BURDEN.

YOUR PET ADMINISTRATOR DOES NOT SIGN OFF ON THE MOVEMENT OF FUNDS, THAT'S SOMETHING STAFF HAS TO DO, AND SO THERE IS AN INTERRELATIONSHIP THERE BETWEEN YOUR ADMINISTRATOR AND YOUR TOWN STAFF THAT DOES TAKE SOME TIME.

THE BIGGEST ONE IS THE COVENANT TO FORECLOSE, SO IN THE EVENT OF PROPERTY OWNER FAILS TO PAY THEIR ASSESSMENT AND YOU HAVE ISSUED BONDS, THERE IS A COVENANT THAT'S INHERENT THAT YOU WILL FORECLOSE ON THE PROPERTY IN ORDER TO MAKE THE DEBT SERVICE PAYMENT OR IN ORDER TO MAKE THAT COLLATERAL BE THE COLLATERAL.

THE UNIQUE PART IS, IS THAT YOU CAN ONLY FORECLOSE FOR THAT ONE YEAR'S ASSESSMENT, NOT THE WHOLE PRINCIPAL AMOUNT SO IT DOESN'T WORK LIKE A MORTGAGE.

GENERALLY, IF YOU HAVE A MORTGAGE IN PLACE, THAT'S OFTEN TAKING CARE OF ANY ASSESSMENTS OR PROPERTY TAXES BECAUSE THEY DON'T WANT TO LOSE THEIR WHOLE ASSET FOR ONE YEAR'S WORTH OF ASSESSMENTS.

THERE'S SOME SAFETY MECHANISMS IN THERE AS WELL.

>> MS. PATTY, YOU'RE DOING REALLY GOOD TIME.

BUT WE'RE ON SLIDE 12 THIS IS A WORK SESSION ITEM, SO WE'RE JUST GOING TO NEED TO DIGEST SOME STUFF HERE.

CAN YOU GO BACK TO THE PREVIOUS SLIDE? YOU USED THE WORD WE, SO YOU'RE TALKING ABOUT FORECLOSURE.

WHEN YOU SAY WE OR YOU, YOU'RE TALKING ABOUT THAT TOWN OF FLOWER MOUND FORECLOSING ON SOMEONE'S HOUSE BECAUSE OF THE PID?

>> YES, SIR. IN THE EVENT THAT THERE IS AN ASSESSMENT THAT IS NOT PAID, THERE'S A COVENANT WITHIN THOSE BONDS THAT YOU, THE TOWN ISSUED THAT THEY WOULD HAVE TO BE NOTIFIED.

IT FOLLOWS THE SAME PATTERN AS THE PROPERTY TAXES BECAUSE ASSESSMENTS ARE COLLECTED IN THE SAME MANNER AS PROPERTY TAXES, GENERALLY, A PID ASSESSMENT NOT BEING PAID MEANS THEY'RE NOT PAYING THEIR PROPERTY TAXES, ISD TAXES, COUNTY TAXES, ETC.

BUT IT DOES GO THROUGH THAT NORMAL FORECLOSURE PROCESS IN WHICH THE TOWN USUALLY HAS A COLLECTION FIRM ALREADY ON BOARD THAT'S TAKING CARE OF ALL THOSE THINGS.

>> JAMES, DO YOU KNOW SINCE WE ALREADY HAVE ONE, HAVE WE DONE THAT? WE'RE NOT IN THE BUSINESS OF FORECLOSING ON PEOPLE'S HOUSES?

>> NOT THAT I'M AWARE OF. BUT AGAIN, MY HISTORY WITH OUR EXISTING PID IS NOT THAT DEEP, SO I'M LOOKING, ARE WE AWARE OF ANY FORECLOSURES THAT WE'VE HAD?

>> I WOULD JUST LIKE TO NOTICE BECAUSE IT CLEARLY HIT A CHORD WITH ME WHEN SHE SAID THAT. BUT.

>> YEAH. WE CAN CERTAINLY RESEARCH IT, BUT OFF THE TOP OF OUR HEAD NO, WE'RE NOT AWARE OF THAT SITUATION.

>> MS. PATTY, CAN YOU TALK ABOUT HEADLINE RISK AGAIN? I WASN'T REAL.

THIS HAS TO DO WITH MONEY WHICH YOU'RE NOT ALWAYS AT EVERY MEETING, BUT I'M NOT A BIG MONEY GUY, SO IF YOU COULD JUST, THE HEADLINE RISK, GO OVER THAT AGAIN.

>> YES, SIR. THE TOWN IF REQUESTED AND IF YOU DECIDED TO ISSUE PID BONDS, THEY WOULD BE THE TOWN OF FLOWER MOUND PID BONDS ONLY SECURED BY ASSESSMENTS PLACED ON THE PROPERTY.

[00:40:01]

IN THE EVENT THERE HAD BEEN A FORECLOSURE, IT WOULD BE TIED TO SOMETHING THAT DID HAVE YOUR NAME ON IT, SO WHILE YOU DID NOT DEFAULT ON ANY DEBT OR ANY COMPONENTS RELATED TO THAT, IT DOES HAVE YOUR NAME ON THAT DEBT.

>> JAMES, DO WE KNOW IF THAT AFFECTS OUR RATING?

>> AT THIS TIME AND I KNOW YOUR FINANCIAL ADVISOR AND IT'S BEEN ASKED THAT QUESTION BEFORE.

NO, AT THIS TIME IT DOES NOT.

THE REASON I SAY AT THIS TIME IS BECAUSE WE DON'T KNOW WHAT THE FUTURE HOLDS RELATIVE TO THOSE COMPONENTS.

>> SHE WAS DOING REALLY GOOD. BUT I THINK SLIDE 8 TOO, THERE WAS SOME STUFF ON SLIDE EIGHT.

>> I HAD A QUESTION ON 10, BUT I DIDN'T KNOW IF YOU WANTED ME TO WAIT TILL THE END OR ASK IN-BETWEEN.

>> THE WORKS SESSION.

>> THE WORK SESSION.

>> THERE YOU GO.

>> I'LL GO. MY QUESTION WAS, ONE OF THEM WAS ON SLIDE 10.

THE BULLET WHERE IT SAYS THE TOWN KEEPS ALL OF ITS AVALOREM AND SALES TAX REVENUE, AND SO THAT MADE ME THINK ABOUT THIS WHOLE THING AND HOW A PID WORKS IN CONCERT WITH THE TAARS.

BECAUSE THE TAARS AFFECTS THE AVALOREM TAX ABOVE THE FOUNDATIONAL INCREMENT ABOVE.

THEN THAT MONEY WAS MY UNDERSTANDING WOULD GO AGAINST OUR OBLIGATIONS FOR PUBLIC INFRASTRUCTURE.

BUT NOW THIS SEEMS TO BE SAYING THE SAME THING, THAT THIS PID MONEY CAN ALSO GO TO PAY FOR PUBLIC INFRASTRUCTURE.

>> CHAPTER 372 ONLY ALLOWS PID DOLLARS TO PAY FOR PUBLIC INFRASTRUCTURE.

NOW, THE TOWNS STILL KEEPS ALL OF ITS AVALOREM AND SALES TAX DOLLARS BECAUSE THE ASSESSMENTS THAT ARE PLACED ON THE PROPERTY IS A NEW SOURCE OF REVENUE.

>> IT JUST MEANS THAT IT'S IN ADDITION TO AND THAT WHATEVER THE OTHER AGREEMENTS LIKE BE A TAARS BE AT A 50/50 TAARS.

BUT ALL THAT, AVALOREM IS LIKE A JUST A COMPLETELY SEPARATE BUCKET FROM THE PID.

IS THAT WHAT THAT IS SAYING HERE?

>> YES, MA'AM. NOW THERE ARE CERTAIN CITIES THAT WILL COMBINE A PID AND TAARS TOGETHER IN WHICH THE SAME PROJECTS FOR THE PID ARE THE SAME PROJECTS FOR THE TAARS, NOT THAT THEY'RE DOUBLE PAID OR DOUBLE REIMBURSED, BUT THAT THE TAARS IS USED TO REDUCE THE PID ASSESSMENT, AND SO THAT'S NOT A CONCEPT THAT IS BEING REQUESTED HERE.

THIS IS STRICTLY A PID THAT WOULD PAY FOR SPECIFIC INFRASTRUCTURE WITHIN THAT BOUNDARY.

IN ORDER TO REIMBURSE THE DEVELOPERS SO THAT THEY CAN BUILD OTHER AMENITY COMPONENTS THAT ARE NOT ELIGIBLE TO BE REIMBURSED UNDER 372.

>> FOR EXAMPLE?

>> I DON'T HAVE ALL THE DETAILS BECAUSE I KNOW THAT THE REQUEST CAME VERBALLY AND THE APPLICATION HAS ONLY RECENTLY, LIKE 24 HOURS BEEN SENT.

BUT MY UNDERSTANDING IS THAT THERE ARE MORE HIGHLY AMENITIES, PARKS, TRAILS, OPEN SPACES.

THE TOWN CAN NEGOTIATE BUILDING MATERIALS WHICH YOU CAN'T REQUIRE NOW BECAUSE OF ALL THE LEGISLATIVE CHANGES, YOU WOULD BE ABLE TO DO THAT.

THE MARKET REALLY DICTATES WHAT CAN GET REIMBURSED.

BECAUSE ULTIMATELY THE DEVELOPER OR LANDOWNER CANNOT PRICE THEMSELVES OUT OF THE MARKET IN THE EVENT THEY DO THAT AND ARE SHORT-SIGHTED IN THAT MANNER, THEY'RE GOING TO HAVE TO PAY OFF THE ASSESSMENT TO MOVE THE LAND.

OTHERWISE, THEY'RE GOING TO CONTINUE TO HOLD THE LAND AND PAY FOR IT ON THEIR OWN, AND SO THAT'S ONE OF THE COMPONENTS.

>> IT'S A MOTIVATIONAL FACTOR FOR THEM TO CONTINUE TO MARKET AND SELL AND COMPLETE THE PROJECTS?

>> YES. I WILL TELL YOU THAT WE ADMINISTER HUNDREDS OF PIDS ACROSS THE STATE OF TEXAS.

MANY OF THE DEVELOPERS GO IN THINKING THAT THEY'RE GOING TO PUT IN THIS TYPE OF COMMERCIAL DEVELOPMENT AND REALIZE THAT THEY HAVE A GREATER OPPORTUNITY WITHIN WHAT THEY THOUGHT, AND SO WHEN THE COMMERCIAL ENTITY COMES IN, THEY'RE LIKE, SORRY, WE DON'T WANT TO PAY THE ASSESSMENT.

THE DEVELOPER LOWERS THE COST OR PAYS IT OFF OR WE SEE THAT VERY OFTEN.

I MEAN IN ORDER FOR THEM TO MOVE THAT IN THE DIRECTION THAT THAT WAS SOMETHING THAT THEY FOUND UNEXPECTED.

>> WILL YOU BE ALSO DISCUSSING THE MATH ASSOCIATED WITH THIS AND THE ESTIMATES OR IS THAT SOMETHING THAT COMES LATER ON WHEN WE HAVE MORE INFORMATION?

>> THAT'S A GREAT QUESTION.

TYPICALLY, BEFORE YOU'RE GOING TO BE ASKED TO CREATE A PID, YOU WILL HAVE THAT INFORMATION.

BECAUSE IT GOES INTO WHAT'S YOUR POLICY DECISIONS AND THERE'S SOME VERY SPECIFIC POLICY DECISIONS THAT YOUR FA AND BOND COUNCIL WILL HELP SHAPE RELATIVE TO BEST PRACTICES AND WHERE YOU ARE AND WHAT YOU WANT TO ACCOMPLISH, AND SO ONCE WE HAVE THAT REQUESTS IN ITS ENTIRETY, YOU WOULD MOST LIKELY SEE PARAMETERS IN WHICH YOU WOULD FUNCTION UNDER.

BUT REMEMBER EVERY TIME A LEVY IS PLACED ON A IMPROVEMENT AREA WHICH IS GENERALLY WHAT THEY CAN IMPROVE IN A CONSTRUCTION PHASE.

IT'S NOT A HUNDREDS OF ACRES AT A TIME.

IT'S USUALLY SMALLER BITES,

[00:45:02]

THAT HAS TO COME BEFORE YOU EVERY TIME.

THAT HAS TO COME BEFORE YOU EVERY TIME TO EVALUATE, IS THAT LEVY APPROPRIATE IS WHETHER YOU'RE WANTING TO ACCOMPLISH IS WHAT YOU WANT TO BE REIMBURSING AS PART OF THIS INFRASTRUCTURE REQUESTS, PART OF THOSE COMPONENTS.

>> DEPENDING ON THE TIMING OF IT AND HOW LONG IT TAKES.

IT COULD BE MANY YEARS BEFORE SOME PARTS OF IT EMERGE FOR REQUESTS.

BY THAT TIME, IF WE DID MOVE AHEAD WITH THE CREATION OF A TAARS OR A FEW DIFFERENT TAARS AGREEMENTS.

THEN WE COULD OVERLAY ONE WITH THE OTHER TO DETERMINE HOW MUCH OF THESE BUT FORCE.

WE ACTUALLY MIGHT WANT.

>> YOU SAID TAARS, DID YOU MEAN TAARS AGREEMENT?

>> I MEANT BOTH, TAARS AGREEMENTS.

>> THERE IS A POTENTIAL TO DO THAT. YES, MA'AM.

YOU HAVE FLEXIBILITY, YOU'RE NOT OBLIGATED.

EVEN IN THIS INSTANCE, EVEN IF YOU CREATE A PID, YOU'RE NOT OBLIGATED FOR FUTURE DECISIONS.

THEY HAVE TO COME BEFORE YOU AND REQUEST THOSE AND PRESENT THE FINANCIAL COMPONENTS THAT THEY'RE REQUESTING.

THEY HAVE TO CLEAR ALL OF THEIR INFRASTRUCTURE DESIGNS AND REQUESTS THROUGH STAFF.

I WOULD ASSUME YOU WOULD BE LOOKING TO STOP FOR A RECOMMENDATION ON WHETHER OR NOT THAT MEETS YOUR PARAMETERS AND WHAT YOU DESIRE FOR A PROJECT OF THAT NATURE TO GO FORWARD AND WARRANTS A PUBLIC IMPROVEMENT DISTRICT REIMBURSEMENT.

>> THANK YOU. I'LL LET SOMEBODY ELSE NOW START THERE QUESTIONS. I BEEN REALLY GOING ON.

>> I GOT A COUPLE. YOU SAID A BIT AGO THAT THE ENTIRE PROCESS TAKES BEST-CASE SIX MONTHS.

>> FROM THE START OF CREATION THROUGH A LEVY OR A DEBT ISSUANCE.

YES, SIR. THAT'S THIS.

>> SINCE THE PERSON WHO REQUESTED IT WAS HOPING FOR A MAY ELECTION FOR A POTENTIAL PID AND WE'RE ALREADY INTO MID NOVEMBER AT THIS POINT, THAT IT'S A SHORT WINDOW IN MY OPINION.

>> YOU HAVE A REQUIREMENT IN YOUR CHARTER.

WE HADN'T GOTTEN TO THAT SLIDE 13.

YOU HAVE A REQUIREMENT IN YOUR CHARTER THAT BEFORE YOU.

THE COUNCIL CREATE A PID, IT HAS TO GO BEFORE THE VOTERS.

WHAT I WAS DESCRIBING AS THREE 372'S REQUIREMENT.

YOU ALL HAVE AN EXTRA LAYER IN THERE, AND SO THAT EXTRA LAYER IS, DOES THE COMMUNITY WANT THIS TO BE CONSIDERED A PID OR ELIGIBLE FOR REIMBURSEMENT OR THEM TO EVEN HAVE THE CAPACITY TO COME BACK TO YOU ON A FACE-TO-FACE BASIS AND REQUEST REIMBURSEMENT.

THAT IS THE PROCESS, ACCORDING TO YOUR CHARTER THAT WOULD OCCUR WHERE THEY MAKE A REQUEST, SUBMIT AN APPLICATION, AND THEN YOU HAVE AN ACTION ITEM ON WHETHER OR NOT YOU'RE GOING TO PROCEED FORWARD.

THAT PROCEEDING FORWARD IS, ARE WE WILLING TO SEND THIS TO THE VOTERS FOR AN ELECTION? THAT IS IN ADDITION TO THAT SIX MONTHS PROCESS.

YOU WOULDN'T EVEN GET TO THAT SIX-MONTH PROCESS UNTIL THE VOTERS HAD VOTED AND SAID YES.

IF THEY SAID NO, YOU DON'T EVEN START THAT PROCESS.

>> ALRIGHT. WHAT YOU WERE TALKING ABOUT WITH DEBBIE PRO TEM MARTIN WAS, THERE'S THE TOURS WHICH WE CREATED A COUPLE OF WEEKS AGO.

THAT WAS PRIMARILY TO FUND THE TOWN'S INFRASTRUCTURE THAT WE'RE GOING TO BE REQUIRED TO BUILD OUT THAT AREA OF TOWN.

THEN THE PID WOULD BE FOR A SPECIFIC AREA WITHIN THAT HAPPENS TO BE THE SAME DISTRICT OR AREA, BUT IT'S ONLY A SUBSET OF IT, IF YOU WILL.

>> IT'S A SIGNIFICANTLY SMALLER SUBSIDIARY.

>> MUCH SMALLER AREA.

BUT A PID COULD BE USED TO REIMBURSE THE DEVELOPER FOR THOSE COSTS RELATED TO THE DEVELOPMENT OF THAT PROJECT, WHICH WE WOULD NEVER CONSIDER WITHIN THE CHURCH, WHICH WOULD BE BORNE BY HIM.

BASICALLY THIS IS A WAY FOR HIM TO, EITHER HE PRICES THE LAND WITH ALL THE INFRASTRUCTURE, OR HE ASSESSES A PID IN AN HAS A LOWER WEIGHT AND COST, BUT HE ASSESSES THE PID TO REIMBURSE HIMSELF FOR THE INFRASTRUCTURE?

>> YES, SIR.

>> IN SOME WAYS, DEVELOPERS LOOK AT A PID AS THE WAY TO FINANCE THE INFRASTRUCTURE AND SO ON INSTEAD OF FRONTLOADING THAT REIMBURSEMENT ON THE LAND WHERE IT IS A LAND TRANSACTION.

THEY FINANCE THAT INFRASTRUCTURE THROUGH THE PID.

THE LANDOWNERS THAT ARE BENEFITING FROM THE INFRASTRUCTURE, THEY ARE THE ONES PAYING FOR IT.

VERY MUCH LIKE WE FINANCE OUR HOMES, INCLUDES OUR LATS, THEIR FINANCING THAT INFRASTRUCTURE THAT GOT IT FROM RAW LAND TO A LOT.

THEY'RE FINANCING THAT SO THAT THE LAND PURCHASE COMPONENT ALLOWS THEM TO USE DOLLARS OTHER PLACES.

BUT THEN THEY'RE ABLE TO MARK IT IN SUCH A WAY

[00:50:02]

THAT THEY'RE ABLE TO ATTRACT CERTAIN COMPONENTS.

>> NEXT.

>> IF YOU WANT TO GO BACK TO SLIDE NUMBER 8.

BENEFITS TO THE TOWN. I'M STILL STUCK ON A COUPLE OF THINGS, MARY.

I'M NOT TRYING TO HOLD THIS UP.

WHEN I'M READING THIS, I'M JUST TRYING TO FIGURE OUT HOW IT BENEFITS THE TOWN.

MAYBE WE CAN HAVE A SEPARATE OFFLINE MEETING, BUT A COUPLE OF THINGS LIKE I'M SEEING, WE NEED SOME MATRIX THAT SHOWS PID TOURS.

THIS IS WHAT IT PAYS FOR.

BECAUSE I'M CONFUSED. ALL THE MILLIONS OF PEOPLE WATCHING AT HOME ARE PROBABLY CONFUSED TOO.

BECAUSE YOU'VE ALREADY HAD SOME OF THOSE QUESTIONS BECAUSE THERE'S SIMILAR TERMINOLOGY.

WHEN YOU SAY LIKE INFRASTRUCTURE AND THINGS LIKE THAT.

I'M THINKING MAYBE TOURS PAYS FOR LIKE THE BIG ROAD AND THEN THE PID PAGE FOR LIKE THE PARKING LOT OR THE SMALL ROAD.

>> LET ME CLARIFY.

>> I JUST NEED SOME HELP UNDERSTANDING.

AGAIN, THIS HAS TO DO WITH MONEY, SO IT'S DIFFICULT.

I'M TRYING TO DIGEST IT HERE.

I'M JUST HAVING A DIFFICULT TIME UNDERSTANDING WHAT PAYS FOR WHAT.

>> FAIR ENOUGH.

>> MY TASK TONIGHT WAS TO EDUCATE YOU ON PIDS IN GENERAL.

BECAUSE I DON'T HAVE ALL THE DETAILS FROM THE DEVELOPER, BUT I HAVE MAPS THAT WOULD BE ABLE TO SHOW YOU THE TOURS PAYS FOR THIS.

THEN HERE'S WHAT WE WOULD EXPECT THE PID PAY FOR AND WHEN YOU OVERLAY THEM, THEY'RE NOT THE SAME.

YOU HAVE ROADS, WATER, SEWER, DRAINAGE THAT ARE PART AND MAKE UP THE CITIES AND THE TOWNS CIP, SO THEIR CAPITAL IMPROVEMENT PROJECTS THAT MAPS ON THE TOWN'S WEBSITE.

WHAT WE'RE ANTICIPATING THE DEVELOPER OR LANDOWNER REQUESTING ARE MORE SPECIFIC TO ZONE IMPROVEMENTS BECAUSE THE PROPERTY IS SO LARGE, THERE ARE ROADS AND INFRASTRUCTURE LIKE WATER AND SEWER THAT BENEFIT A LARGE PORTION OF THE PROPERTY, NOT THE NEIGHBORHOOD STREET, BUT A COLLECTOR ROAD THAT WOULD CONNECT NORTH SIDE TO SOUTH SIDE OR THINGS OF THAT NATURE.

WE'RE EXPECTING THAT TO BE THE REQUEST.

IT'S NOT, AGAIN, THE SAME AS THE CAPITAL IMPROVEMENT PROJECTS THAT THE TOWN ANTICIPATES FUNDING THROUGH THE TERSE.

CAN I COME BACK AND BRING YOU A MAP? YES, MA'AM. WE CAN MOVE ON, BUT I'M JUST, SO YOU DO THIS EVERY DAY.

YOU'RE BUILDING LIKE THE SLIDE.

WHEN YOU PUT SOMETHING DOWN LIKE OVER SIZING OF IMPROVEMENTS, THAT MIGHT MAKE REALLY GOOD SENSE TO YOU.

BUT AGAIN, HOW DOES OVERSIGHT OF IMPROVEMENTS, HOW IS THAT A TOWN BENEFIT? WHEN I STARTED THE SIZE THIS SLIDE, I SAID SOME OF THESE DON'T BENEFIT THE TOWN HERE, BUT THAT'S HOW THE PIT IS USED.

OFTENTIMES A TOWN OR A CITY, WE'LL SAY YOU'RE GOING TO BUILD THAT LINE, JUST GO AHEAD AND OVERSIZE IT FOR US AND WILL PAY THE DIFFERENCE TO YOU.

THE DEVELOPER BUILDS THE COMPONENT AND THEN THE TOWN'S ONLY RESPONSIBLE FOR THAT SMALL INCREMENTAL EXERCISING COMPONENT TO THE PIPE SIZE AND THE MATERIAL SIZES.

IT ALLOWS THEM TO PARTICIPATE IN SOME COST-SAVING COMPONENTS.

I AM UNAWARE OF ANY OVERSIZE AND COMPONENTS AT THIS JUNCTURE, PUBLIC WORKS MIGHT BE AWARE, BUT I JUST DON'T HAVE ENOUGH INFORMATION AT THIS TIME. I'M SORRY.

>> I'M NOT TRYING TO LIKE ZYNGA WITH THE ZYGOTE YOUR QUESTIONS. I'M REALLY JUST TRYING TO AIR.

>> WE CAN CERTAINLY GET WITH YOU OFFLINE AND FILL YOU IN.

IT'S JUST LIKE RIGHT NOW THIS IS VERY BROAD, YOU'RE MISSING A KEY VARIABLE AT A POINT IN THE FUTURE, PROBABLY IN THE NEXT COUPLE OF MEETINGS YOU'LL HAVE THE ACTUAL ASK IN FRONT OF YOU THAT WILL HELP YOU CONTEXTUALIZE IT AND HOW IT FITS IN RELATION TO THE TERROR.

WE'LL GET TO THAT POINT WHERE ALL THAT INFORMATION IS FRONTAGE, BUT CERTAINLY OFFLINE, WE CAN GIVE YOU A SENSE OF MORE CONCEPTUALLY WHAT THEY'RE GOING AFTER.

>> BY ALL MEANS WE CAN JUMP BACK TO 12 OR 13.

BUT SINCE, SINCE WE'VE REACHED THE TOPIC, RIGHT.

THIS IS GOING TO BE A TOPIC THAT'S GOING TO BE TALKED ABOUT.

I JUST WANT TO MAKE SURE THAT WE CAN UNDERSTAND WHAT IT IS AND WHAT IS NOT.

I DON'T WANT TO HOLD THAT UP, BUT IT WOULD JUST HELP. WE CAN KEEP MOVING.

>> I DON'T HAVE ALL THE DETAILS YET.

THIS IS A VERY BROAD WHAT IT CAN DO.

BUT NOT NECESSARILY WHAT YOU WANT IT TO DO, BECAUSE YOU HAVE THE ABILITY TO SHAPE IT TO BE WHATEVER YOU WANT IT TO BE WITHIN THE CONFINES OF THE STATUTE.

>> LET'S GO.

>> WE'VE TALKED ABOUT ASSESSMENTS BEING LEVIED ON A FACE-TO-FACE BASIS.

IT'S SPECIFIC TO THE SIZING AND WHAT THE MARKET CAN BEAR AT THE TIME.

SO AS MAYOR PRO TEM, DEPUTY MAYOR PRO TEM POINTED OUT, WE DON'T KNOW THE FUTURE.

WE MIGHT HAVE SOME DIFFERENT NUMBERS IN THE FUTURE.

YOU HAVE THAT REAL-TIME INFORMATION.

[00:55:02]

WHEN THAT REQUEST IS BROUGHT TO YOU, THEN THE TOWN REVIEWS ALL SUBMISSIONS FOR COST REIMBURSEMENTS.

IT'S NOT JUST AN OPEN CHECKBOOK OR OPEN BUCKET OF MONEY.

IT HAS TO COME THROUGH AND IT HAS TO BE EVALUATED WHETHER OR NOT IT WAS A PROJECT THAT WAS APPROVED BY THE TOWN COUNCIL.

THEN AGAIN, THE RISK IS BORNE BY THE DEVELOPER TO PAY THOSE ASSESSMENTS.

IF THAT PROPERTY DOES NOT MOVE, THEN THOSE ASSESSMENTS ARE STILLBORN BY THE PROPERTY OWNER.

THAT'S NOT AN OBLIGATION OF THE TOWN.

THIS WAS THE ONE I JUMPED FORWARD TO JUST ABOUT THE TOWN SPECIFIC COMPONENTS.

WHAT WE PERCEIVE IS THAT I WILL BE BACK TO BRIEF YOU ON WHAT THE SPECIFIC REQUESTS IS.

I WOULD ASSUME THAT THE PID APPLICATION IS NOT GOING TO HAVE THAT DETAILED.

THIS IS HOW MANY DOLLARS UNNECESSARILY BECAUSE THEY DON'T HAVE THAT, BUT IT WOULD BE MORE OF, HERE'S THE INFRASTRUCTURE COSTS, HERE ARE THE COMPONENTS WE'RE HOPING TO ACCOMPLISH.

HERE'S THE IMPROVEMENTS WE WANT.

I WOULD ALSO EXPECT THAT YOUR PROFESSIONALS WEIGHT WOULD WEIGH IN AND SAY HERE'S SOME NOT TO EXCEED AND SOME MAXIMUMS THAT USE A TOWEL NEED TO CONSIDER AND PROBABLY NEED TO IMPLEMENT.

YOU WOULD DRIVE THOSE FINANCIAL PARAMETERS AND NOT NECESSARILY THE DEVELOPERS ARE SAYING THAT WITH OUR HANDOUT SAYING, I'LL TAKE WHATEVER, YOU WOULD ACTUALLY CRAFT THOSE POLICY COMPONENTS WITH YOUR PROFESSIONALS.

AS I SAID, THERE WOULD HAVE TO BE AN ACTION ITEM TO PROCEED FORWARD AND CAUSE STAFF TO PREPARE ALL OF THOSE COMPONENTS TO MOVE ON DOWN.

THAT IS NOT ON THE AGENDA TONIGHT.

WE'RE JUST TALKING ABOUT WHAT IS A PID AND WHAT IT CAN DO.

BUT I WILL EXPECT THAT'S GOING TO COME TO YOU BECAUSE THAT REQUESTS AND THAT APPLICATION HAS BEEN MADE.

AGAIN, VARIOUS BRIEFINGS.

THEN I WOULD ASSUME THE DEVELOPER REPRESENTATIVE WOULD WANT AN OPPORTUNITY TO SPEAK AND YOU MIGHT SEE THEM IN THE FUTURE.

[NOISE] THIS IS AFTER IF YOU DO DECIDE TO MOVE IT FORWARD.

THIS IS WHAT WOULD OCCUR FOLLOWING THE DISCUSSION.

IF YOU APPROVE THE IMPLEMENTATION, [NOISE] YOU WOULD HAVE TO HAVE WHAT'S CALLED A SPECIAL ELECTION, SO THERE'S A TWO-STEP PROCESS HERE.

WHETHER WE MOVE FORWARD WITH CONSIDERING IT, AND THEN YOU WOULD ALSO HAVE TO HAVE A RESOLUTION TO CALL WITHIN THE CERTAIN DATES OF THE ELECTION DATE ALLOWED BY STATE LAW.

THERE ARE SOME WINDOWS THAT IF YOU PASS, YOU'RE NOT GOING TO BE ABLE TO HIT CERTAIN DATES, YOU'LL HAVE TO WAIT FOR THE NEXT DATE AND YOU CAN'T DECIDE SIX MONTHS IN ADVANCE TO CALL AN ELECTION, YOU'VE GOT THOSE STATE LAW COMPONENTS AND CONSTRAINTS THAT YOU HAVE TO WORK WITHIN.

THAT WAS ALMOST TO THE END.

>> GREAT JOB, MS. PATTY. SORRY.

>> NO, YOU'RE GOOD.

>> JUST NEED TO DIGEST SOME MORE OF THIS.

>> I KNOW IT'S A LOT OF INFORMATION.

>> I HAVE A COUPLE OF QUESTIONS.

>> GO AHEAD, ADAM.

>> A COUPLE OF QUESTIONS IF THAT'S ALL RIGHT.

>> GO AHEAD, BRIAN.

>> SORRY. NO, I APPRECIATE THAT.

ONE OTHER CONCERNS I HAVE WITH A PID IS WE ARE LEVYING AN ASSESSMENT ON FUTURE RESIDENTS, FUTURE PROPERTY OWNERS IN THAT GEOGRAPHIC AREA THAT WE ESTABLISHED THAT WILL SUPPORT THAT PID.

I'M AWARE OF OTHER PIDS IN FLOWER MOUND, OUTSIDE OF FLOWER MOUND WHERE NEW RESIDENCE HAVE COME IN, THEY'VE BEEN SURPRISED.

NOW, THEY WEREN'T AWARE THAT IS THAT A PID.

OBVIOUSLY, THERE'S A LITTLE DISCLOSURE IN THEIR CLOSING DOCUMENTS, BUT [INAUDIBLE] SO QUICKLY THEY WEREN'T AWARE THAT UNTIL THEY GOT HIT WITH THE FIRST TAX BILL.

THAT WOULD BE A CONCERN OF MINE TO PUT THAT ON FUTURE RESIDENCE THAT MIGHT NOT BE AWARE OF IT.

WHAT MEASURES ARE IN PLACE THAT CAN ENSURE THAT PEOPLE THAT ARE GOING TO MOVE TO THAT AREA OR BE HIT WITH THAT ASSESSMENT ARE AWARE OF THAT BEFOREHAND AND NOT SURPRISED AT THE LAST MINUTE?

>> I'LL START WITH THE MINIMUM REQUIREMENTS.

THERE ARE MINIMUM DISCLOSURES REQUIREMENTS IN THE PROPERTY TAX CODE AND THOSE ACTUALLY WERE INCREASED IN TWO LEGISLATIVE SESSIONS AGO, AND SO IT'S A TWO-STEP NOTIFICATION PROCESS THAT'S REQUIRED.

THAT ACTUAL NOTIFICATION WOULD BE ATTACHED TO THE DOCUMENTS [NOISE] THAT ARE AFFIRMED DRAFTS ON YOUR BEHALF THAT YOU WOULD APPROVE.

THAT'S ALSO FILED IN THE REAL PROPERTY RECORDS SO THAT SUBSEQUENT OWNERS WOULD BE ABLE TO SEE IT AND FIND IT.

BUT WITHIN THE PARAMETERS OF ALL THE OTHER AGREEMENTS THAT YOU WOULD NEGOTIATE AND THAT YOU WOULD REQUIRE IS YOU COULD REQUIRE ALL THINGS.

YOU CAN REQUIRE SIGNAGE AT ALL THE ENTRANCES TO THE BOUNDARY SAYING YOU ARE IN A PID, YOU HAVE AN ASSESSMENT THAT'S AN ADDITION TO YOUR TAXES.

YOU CAN REQUIRE THAT EVERY PIECE OF PROPERTY THAT HAS A COMMERCIAL SALES OFFICE HAVE FLYERS, HAVE BROCHURES, HAVE INFORMATION IN WHICH THE PID IS TALKED ABOUT AND THOSE DISCLOSURES ARE AVAILABLE.

WE WORK REALLY HARD TO MAKE SURE WE'RE EDUCATING.

TITLE COMPANIES, REAL ESTATE AGENTS WILL GO OUT AND SPEAK TO HOMEOWNERS ASSOCIATIONS, REAL ESTATE GROUPS SO THAT THEY UNDERSTAND WHAT IT IS.

BUT GENERALLY WITHIN THE CONFINES OF THE DOCUMENTS THAT YOU WILL ENTER INTO,

[01:00:02]

YOU CAN REQUIRE OTHER THINGS BEYOND JUST A PAPER DISCLOSURE.

>> THANK YOU VERY MUCH. ADAM, SORRY TO STEP ON YOU. I'LL TURN IT BACK TO YOU.

>> FINE. YOU AND I, BRIAN WERE THINKING THE SAME THING.

WHO COLLECTS THE PID ASSESSMENT?

>> GREAT QUESTION. ASSESSMENTS ARE COLLECTED IN THE SAME MANNER AS PROPERTY TAXES.

THAT TAX ROLL IS ADOPTED ONE TIME WHEN YOU DO THE LEVY OF THE ASSESSMENT.

IT'S UPDATED ANNUALLY TO REFLECT SUBDIVISION OF PROPERTIES, UPDATES OF PARCEL IDS, BUT THE AMOUNT DOESN'T CHANGE.

ONCE THAT LEVY IS IN PLACE, IT REMAINS THE SAME FOR THE TERM WHETHER IT'S 20 YEARS OR 30 YEARS, WHICH ARE THE TYPICAL TERMS YOU SEE.

THEN THAT ASSESSMENT ROLE IS SENT TO THE COUNTY AND THE COUNTY PLACES IT ON THE PROPERTY TAX BILL AND THEN THE COUNTY COLLECTS IT.

IN THE SAME MANNER, YOUR PROPERTY TAXES OR THE COUNTY'S TAXES ARE COLLECTED BY THE COUNTY, THEN THEY ARE REMITTED TO IN THE EVENT BONDS OR INSTITUTE, OR A TRUSTEE, IF YOU HAVE AN ISSUED BONDS AND THEN BACK TO THE TOWN AND YOU HOLD THOSE IN A FIDUCIARY FUND IN WHICH YOU HOLD FOR THE REIMBURSEMENT OF INFRASTRUCTURE UNDER THE TERMS OF THE AGREEMENTS.

>> YOU PROBABLY WON'T BE ABLE TO ANSWER THIS, BUT DO YOU HAVE ANY IDEA WHY THE PROPERTIES THAT ARE IN OUR EXISTING PID DON'T HAVE A LINE ITEM FOR THE PID IN THEIR TAX RECORD WHEN YOU GO AND PULL THEIR RECORD IN OUR DENTON CAD WEBSITE?

>> I CANNOT ANSWER THAT.

>> TO BRIAN'S POINT ABOUT TRANSPARENCY, IF I WERE GOING TO LOOK AT A PROPERTY THAT I WAS GOING TO BUY AND I WENT AND PULLED THE TAX RECORD, DOESN'T HAVE A LINE ITEM IN IT, I WOULD ASSUME THAT THERE'S NO PID AND I DON'T HAVE TO PAY THAT TAX.

IT DOESN'T FEEL LIKE IT'S A VERY TRANSPARENT PROCESS, BUT THAT'S NOT NECESSARILY THE PID'S FAULT.

I DON'T KNOW WHY OUR COUNTY DOES THAT.

>> IT SHOULD SHOW UP ON THE PREVIOUS.

>> I'VE BEEN LOOKING AT THEM NOW, I'VE LOOKED AT THEM BEFORE IN THE PAST, IT'S NOT THERE.

>> IF WE CAN MAKE A NOTE TO EITHER FOLLOW UP WITH DCAD.

>> NEVER HAS.

>> TRY TO GET AN ANSWER TO THAT BECAUSE I THINK THAT'S IMPORTANT.

WHETHER THAT'S RELATIONSHIP DRIVEN WITH DCAD OR IF THAT'S BY ORDINANCE OR BY ESTABLISHMENT OF THE PID, THAT'S GOING TO BE A BIG STICKING POINT.

>> ABSOLUTELY. COUNCILOR [INAUDIBLE] AND I'VE HAD THIS CONVERSATION BEFORE.

WE'LL DO A REACH OUT AND SEE IF WE CAN GET EXPLANATION WHY THAT'S THE CASE.

>> THIS QUESTION WOULD BE EASIER.

THE LAST TIME WE HAD AN APPLICANT ASK FOR A PID, IT'S ABOUT 10 YEARS AGO.

THEY CAME IN HERE AND THEY PROMISED STATUES, AQUEDUCTS, WATER WHEELS, FARMER'S MARKETS.

THEY PROMISED TO BRING IN, TO FLY-IN ARTISANS FROM EUROPE AND HAVE THEM SPEND WEEKS LIVE SCULPTING IN FRONT OF EVERYONE, IT WAS INCREDIBLE, AND THEY DIDN'T DO ANY OF THAT.

IT'S VERY FRUSTRATING.

TALK TO ME ABOUT CLAWBACKS, HOW DO WE PUT CONDITIONS AND TO MAKE SURE THAT IF WE'RE GETTING SOLD A BILL OF GOODS, THAT THOSE PROPERTY OWNERS WHO OWN THOSE PROPERTIES GET THEIR MONEY BACK.

>> I'M NOT [INAUDIBLE] ADMINISTRATOR ON THAT.

>> JUST LET THE RECORD REFLECT THAT.

>> YES, PLEASE. YOU'RE RIGHT.

WHEN YOU ESTABLISH YOUR AGREEMENT TO WALK DOWN THIS PATH, THERE HAS TO BE CERTAIN DOCUMENTS AND CERTAIN PROVISIONS IN PLACE, AND WE CALL THEM PERFORMANCE MEASURES.

THOSE PERFORMANCE MEASURES TIE BACK TO POLICY'S DECISIONS THAT YOU ALL HAVE ESTABLISHED.

IF THERE ARE PARTICULAR POLICY DECISION ITEMS, I. E., FINANCIAL PARAMETERS, YOU CAN RESTRICT THOSE IN THE DOCUMENTS.

IF THERE ARE OTHER COMPONENTS LIKE WE WANT TO SEE FARMER'S MARKETS AND THINGS LIKE THAT, YOU WOULD PUT DATE SPECIFIC PERFORMANCE MEASURES FOR THOSE TO OCCUR, AND THEN IF THAT DOESN'T OCCUR, THEN YOU RESERVE FOR YOURSELF FUTURE ACTION ITEMS THAT YOU DON'T TAKE ACTION ON.

ONE OF THE THINGS WHEN YOU'RE STRUCTURING A PID TO THE THINGS IS A METHODOLOGY IN WHICH YOU STRUCTURE HOW THAT ASSESSMENT IS PLACED ON THERE AND THEN THE TIMING OF HOW YOU DO IT.

YOU DON'T JUST GO OUT THERE AND DO EVERYTHING ALL AT ONCE.

YOU WANT TO BE ABLE TO SAY, THIS IS A FINITE AMOUNT OF ACTIVITY CONSTRUCTION WISE, YOU HAVE A FINITE PERFORMANCE ARENA IN WHICH YOU HAVE TO PERFORM BEFORE WE'RE GOING TO MOVE FORWARD WITH THE NEXT LEVEL OF COMPONENTS.

SOME DEVELOPERS DON'T LIKE THAT BECAUSE THEY LIKE THE ONE AND DONE AND I CAN JUST FUNCTION WITHOUT HAVING TO INTERACT AGAIN WITH THE TOWN.

BUT THIS PARTICULAR APPLICATION IS SIGNIFICANTLY LARGER AND SO THERE'S NOT ANY WAY THEY WOULDN'T BE ABLE TO PULL THAT OFF.

YOU'VE LIMITATIONS OF FEDERAL TAX LAW AND STATE LAW RELATIVE TO WHAT HAS TO BE ACCOMPLISHED AND WHEN RELATED TO BONDS AND REIMBURSEMENTS.

IT IS PERFORMANCE MEASURES TIED TO WHAT YOU THE COUNCIL DEEM AS BEING MOST IMPORTANT AND WHAT YOU'RE WILLING TO SAY, YES, WE'LL GIVE YOU THIS MUCH TIME AND IF IT'S NOT ACCOMPLISHED, THEN IT'S EITHER TERMINATION OR THERE'S NO ACTION ON OTHER ITEMS MOVING FORWARD, ET CETERA.

>> [INAUDIBLE] COUNCILMAN [INAUDIBLE] POINT, AND I KNOW THIS ISN'T NUMERIC QUESTION,

[01:05:01]

BUT IT'S LIKE BUYER BEWARE.

IT'D BE INTERESTING TO KNOW BASED ON WHAT WE HAVE AND THE PERFORMANCE OF WHAT WE CURRENTLY HAVE. I'M GETTING THAT, MAYBE NOT ALL PIGS ARE THAT WAY.

IT MIGHT BE NICE TO HAVE SOMETHING, NOT ANOTHER METRIC OR WHATEVER, BUT MAYBE SOMETHING THAT SHOWS, THIS COULD HAVE BEEN BETTER.

NOT THE POINT THE FINGER AT ANYBODY, BUT WE JUST DON'T WANT TO BUY SOMETHING AGAIN, THAT'S BE LIKE WHAT WE HAVE, I THINK.

WE NEED SOMETHING BETTER AND IF IT'S BECAUSE OF A REASON LIKE THE ADMINISTRATOR OR WHAT HAVE YOU, I THINK IT'S IMPORTANT TO KNOW BECAUSE THERE'S NOT A LOT OF EXCITEMENT APPEAR ABOUT SOME OF THE THINGS WE CURRENTLY HAVE.

COUPLE THAT WITH ONE AREA HAS IT AND ANOTHER AREA DOESN'T AND AN AREA THAT DOESN'T HAVE A PID AND IT SEEMS TO BE DOING VERY WELL AND ONE THAT HAS BOTH HAS STRUGGLED.

I KNOW THAT'S NOT ANYONE'S FAULT PER SE, I'M JUST SAYING.

>> YOU GOT TWO DIFFERENT DEVELOPERS.

>> BUT IT WOULD BE NICE TO KNOW THE DIFFERENCE TOO, I THINK.

>> THE OTHER FACTOR IS IN OUR CURRENT PERIOD, THERE IS MONEY THAT'S BEING HELD AS WELL IN ESCROW FOR PROJECTS THAT WERE NEVER COMPLETED AND THE DEVELOPER HAS NOT RECEIVED THAT MONEY.

>> I WAS GOING TO ASK A QUESTION ABOUT THAT.

IF THE PERFORMANCE MEASURES ARE NOT SATISFIED, WHAT HAPPENS TO THE MONEY? BECAUSE IF PEOPLE HAVE PAID INTO IT.

>> GREAT QUESTION. THE MONEY THAT'S BEING REFERENCED HERE, I'M NOT SURE IT'S SOURCED.

BUT IN THE EVENT THAT TOWN ISSUED BONDS THEN THOSE PROCEEDS FROM A TAX LOSS PERSPECTIVE, AND I'M NOT A TAX ATTORNEY, HAS TO BE SPENT WITHIN A CERTAIN PERIOD OF TIME BECAUSE YOU THE TOWN ARE CERTIFYING THAT IT IS REASONABLE FOR YOU TO SPEND THOSE DOLLARS IN REIMBURSEMENT OF INFRASTRUCTURE WITHIN THREE YEARS OF YOU ISSUING IT.

YOU'RE CERTIFYING THOSE COMPONENTS.

YOU WANT TO SEE PROJECTS THAT ARE SIZED TO ACCOMPLISH THAT THREE-YEAR.

WHY YOU DON'T GO OUT AND SAY WE'RE GOING TO BUILD 400 ACRES ALL AT ONCE.

IT'S JUST NOT A MANAGEABLE COMPONENT.

>> THEY WOULD COME FORWARD IN THIS PHASED MANNER AND SAY, WE ANTICIPATE NEEDING X NUMBER OF DOLLARS TO BUILD THIS AND THAT BY THIS DATE AND IF WE DON'T, DOES THE MONEY GO BACK TO THE RESIDENTIAL OR THE COMMERCIAL OWNERS OF THE PROPERTY?

>> IF YOU'VE ISSUED BONDS, IT WOULD GO BACK TO THE INVESTORS.

THE BONDS WOULD BE REDEEMED FOR A PARTICULAR AMOUNT AND THOSE ASSESSMENTS WOULD BE LOWERED IF THERE'S A PORTION THAT HAS NOT BEEN SPENT AND YOU CAN WRITE THAT INTO THE DOCUMENTS.

FOR EXAMPLE, THERE'S NEW LANGUAGES THAT WE HAVE BEGUN PUTTING IN THERE THAT IF THE PROCEEDS AREN'T SPENT WITHIN A CERTAIN PERIOD OF TIME, THIS PERCENTAGE, IF IT'S AN ACCESS OF THIS, WE'LL GO BACK REDEEM BONDS AND THEN YOU ONLY HAVE TWO MORE YEARS TO SPEND THE NEXT 15%.

OTHERWISE THAT GOES BACK AND REDEEMED SPAWN AND THE ASSESSMENTS ARE LOWERED.

THE OTHER THING THAT THE TOWN NEEDS TO DRIVE IS THE TIMELINE.

DEVELOPER CAN COME BEFORE YOU AND SAY, HEY, HERE'S A PIECE OF GRASS AND THERE'S COWS GRAZING ON IT AND ISSUE BONDS AND THEN I'M GOING TO BUILD THIS GREAT THING.

BUT THEY'VE NEVER DONE ANY ENGINEERING.

THEY'VE NOT SUBMITTED A SINGLE THING TO STAFF TO REVIEW.

THEY HAVEN'T EVEN SECURED THEIR OWN DESIGN PLANTS.

IF YOU'RE ISSUING BONDS AND VOTING FOR ALL OF THOSE THINGS, WHEN THEY JUST HAVE CONCEPT PLANS.

YOU'VE GOT ANOTHER YEAR TO 18 MONTHS TO WAIT.

>> DOESN'T THAT RELATE BACK TO WHAT YOU MENTIONED ON SLIDE 5 ABOUT THE DIFFERENT KINDS OF BONDS? THAT WOULD MAYBE BE PART OF THAT CONSTRUCTION BOND SCHEME VERSUS A REIMBURSEMENT BOND BECAUSE THEN WE WOULDN'T HAVE THE DANGER IN A REIMBURSEMENT BOND BECAUSE IT HASN'T BEEN DONE YET AND THE DEVELOPER PACE FIRST?

>> YES, MA'AM.

>> THAT MIGHT GIVE US A LITTLE MORE PEACE OF MIND AND THE PERFORMANCE WOULD BE SATISFIED.

>> YES, MA'AM. WHAT YOU JUST DESCRIBED IS THAT REIMBURSEMENT BOND WHERE THE TOWN SAYS, WE'RE GOING TO CREATE YOUR PID, YOU'VE COMPLETED AND USUALLY OUR RECOMMENDATION IS YOU'RE NOT LEVYING ASSESSMENTS UNTIL YOUR PRELIMINARY ENGINEERING IS COMPLETED AND HAS BEEN APPROVED.

BECAUSE ONCE IT'S APPROVED, THEY CAN ACTUALLY START CONSTRUCTION

>> IS THE TYPE OF PERIOD SPECIFIED IN THE APPLICATION SUBMITTED BY THE APPLICANT?

>> I HAVE NOT LOOKED AT IT. I ONLY KNOW THAT IT CAME ACROSS CYBERSPACE.

>> TYPICALLY, WOULD THAT BE INCLUDED THOUGH THEY WOULD ASK FOR A CERTAIN MECHANISM?

>> THEY COULD OR THEY COULD JUST SAY, WE NEED A PID AND WE NEED REIMBURSEMENT AND NOT SPECIFY AND YOU ALL ARE AT LIBERTY TO SAY, THIS IS ALL WE WILL DO.

>> THAT'S GOOD TO KNOW.

>> YOU DON'T HAVE TO DO WHAT THE REQUEST IS.

YOU CAN SAY WE'RE WILLING TO AGREE HERE, BUT WE'RE NOT WILLING TO AGREE TO THIS UPFRONT CONSTRUCTION BOND AND THAT IS TO YOUR POINT ABOUT PERFORMANCE MEASURES.

THAT'S ONE OF THOSE COMPONENTS THAT IF THEY HAVEN'T DONE ANY CONSTRUCTION YET, YOU CAN SAY WE'RE ONLY GOING TO DO REIMBURSEMENT BONDS, PUT THE INFRASTRUCTURE IN THE GROUND AFTER WE ACCEPT IT,

[01:10:01]

THEN WE'LL REIMBURSE YOU.

NOW THE LEVEE USUALLY GOES IN BECAUSE YOU NEED THAT LEVY IN PLACE SO THAT YOU CAN HAVE YOUR DISCLOSURES AND ALL OF THE COMPONENTS ABOUT WHAT IS IT THAT YOU'RE BUYING THAT HAS AN AMOUNT TIED TO IT AND HOW MUCH IS IT AND SO PEOPLE CAN ACTUALLY MAKE INFORMED DECISIONS.

BUT THAT LEVY DOESN'T NECESSARILY REIMBURSE THE DEVELOPER A LUMP SUM.

IT'S THAT REIMBURSEMENT BOND THAT'S ISSUED THAT REIMBURSES THEM LUMP-SUM.

>> OF THE THREE TYPES THAT YOU DESCRIBED IS THE PAY AS YOU GO THE MOST PROTECTIVE FOR RESIDENTS OR THE TOWN?

>> YES AND NO.

>> OKAY.

>> IT'S PROTECTED FROM THE STANDPOINT OF THE DEVELOPER HAS TO INSTALL THE INFRASTRUCTURE AT THEIR COSTS AND THEN THEY'RE REIMBURSED OVER TIME.

BUT THERE IS A TERTIARY MARKET WHERE THEY COULD GO MONETIZE THAT REIMBURSEMENT WITH SOMEBODY ELSE AND THEY'RE OUT AND THEY'RE JUST COLLECTING THE REIMBURSEMENT OVER TIME.

>> WE RESTRICT THAT WITHIN OUR AGREEMENT.

>> YOU CAN WORK ON THAT.

>> OKAY.

>> THAT'S SOMETHING THE LAWYERS WILL HAVE TO WORK THROUGH. BUT-

>> I'M JUST TRYING TO EXPLORE THE OPTIONS.

>> KEEP GOING, YOU'RE DOING GOOD.

>> HERE'S THE OTHER THING WHEN I SAID YES AND NO.

THE STATUTE SAYS THAT THE FIRST FIVE YEARS REIMBURSEMENT ON A PAY AS YOU GO, PID CAN BE 5% ABOVE THE MUNICIPAL INDEX SUCH CHOSEN.

IT'S THE HIGHEST RATE WITHIN THE 30 DAYS BEFORE THE LEVY.

WE TOOK OVER CERTAIN PERIODS IN THE PAST.

THEIR INTEREST RATE WAS 9% AND SO WE WERE ABLE TO ISSUE BONDS AND WE LOWERED THOSE RESIDENTS ASSESSMENTS BECAUSE WE WERE ABLE TO GET FOREIGNER QUARTER.

THEY WERE PHENOMENALLY HAPPY FOR BONDS TO GET ISSUED.

>> I THINK I DID THAT, SAMMY, A COUPLE OF YEARS AGO WE REFINANCED SOME OF THE PID BONDS AND LOWERED THE PAYMENTS.

>> IN THAT WAY, ISSUING BONDS CAN ACTUALLY BE VERY HELPFUL TO HOMEOWNERS OR PROPERTY OWNERS.

IT JUST DEPENDS AGAIN ABOUT THAT MARKET RISK AND THOSE COMPONENTS.

BUT CERTAINLY IF YOU WANT TO AND HERE'S THE OTHER THING.

THE STATUTE ALLOWS IT TO BE 5% OF BABA, DOESN'T MEAN YOU HAVE TO AGREE TO THAT.

YOU CAN SAY, WHAT'S THE BEST PRACTICE? IF IT'S ONLY THREE, WE'LL ONLY DO THREE.

>> MR. DREW, ARE YOU JUST DIGESTING ALL THE INFORMATION?

>> I'M ABSORBING AND YOU GUYS HAVE HAD A LOT OF GOOD QUESTION.

I DID HAVE ONE FOLLOW-UP QUESTION ON WHAT ANNE WAS ASKING.

YOU SAID THAT IF THE FUNDS DON'T GET UTILIZED, IT GOES BACK TO THE INVESTORS. WHO ARE THE INVESTORS?

>> GREAT QUESTION. PID BONDS ARE NOT RATED BONDS AND SO THEY ARE RESTRICTED.

YOUR FINANCIAL ADVISOR UNDERWRITER BOND COUNCIL WILL PUT CERTAIN RESTRICTIONS SO THAT IT IS USUALLY HIGHLY EDUCATED, SOPHISTICATED INSTITUTIONAL BUYERS THAT ARE BUYING THESE.

THEY DON'T DIVERSIFY.

THEY HAVE TO HOLD IT UNTIL IT'S A DIVERSIFIED PAYER BASE OF THE ASSESSMENT PAYERS.

ONCE IT HAS THE DIVERSIFICATION OF A PAYER BASE THEN THEY'RE ABLE TO MOVE IT ONTO THE SYSTEM.

BUT WHILE IT'S JUST THE DEVELOPER OWNED OR IS THAT HIGHER RISK COMPONENT, IT'S USUALLY INSTITUTIONAL INVESTORS AND THERE'S ONLY A HANDFUL OF THOSE ACROSS THE NATION THAT PARTICIPATE.

BUT THEY'RE VERY FAMILIAR WITH THE TEXAS MARKET.

>> VERY GOOD JOB. MUCH SO.

JAMES, WHEN ARE WE GOING TO GET THE PID 201 CLASS? THEY'RE GOING TO BE LIKE A WHOLE ANOTHER MONTH OR.

>> YOU HAVE TO PASS THE TEST FIRST FROM 101 BEFORE YOU CAN ADVANCE.

>> I NEED TO-

>> WE MIGHT NEED TO STUDY.

>> THAT ONLY BECAUSE IT'S A WORK SESSION WHILE I LET THAT FLY. TO ANSWER YOUR QUESTION.

AS MARY REFERENCED, WE'VE RECEIVED THE APPLICATION THE LAST DAY OR SO.

WE'RE IN THE PROCESS OF DIGESTING IT.

WE'LL DEFINITELY ENGAGE AND ANSWERING ANY QUESTIONS THAT WE HAVE AND WE'LL LOOK TO EITHER THE 4TH TO THE 18TH TO SET UP A FORMAL DISCUSSION WHERE THE APPLICANT CAN COME FORWARD AND ANSWER QUESTIONS AND ADDRESS SOME OF YOUR CONCERNS ASSOCIATED WITH IT.

CERTAINLY IN THE MEANTIME, WE CAN PROVIDE THAT 201 OFFLINE TOO, IF YOU HAVE ANY ADDITIONAL QUESTIONS.

BUT AGAIN, I THINK THIS HIT ITS INTENDED PURPOSE.

WE WANTED TO, AS WE KNOW, MARY'S A TREMENDOUS RESOURCE FOR US AND WE WANT IT TO HAVE THE OPPORTUNITY TO ENGAGE AND ASK THOSE QUESTIONS TO EQUIP YOU SO WHEN THAT COMES BEFORE YOU, YOU KNOW WHERE THE QUESTIONS NEED TO LEAD, THE THINGS THAT YOU'RE INTERESTED IN AND CURIOUS ABOUT.

THAT WAS A LONG-WINDED WAY OF SAYING DECEMBER 4TH OR 18TH.

>> ONE MORE QUESTION. MARY, YOU SAID YOU ADMINISTER HOW MANY PIDS?

>> WE'RE THE LARGEST ADMINISTRATION FIRM IN TEXAS, THERE ARE SOME THAT ARE HERE, THEY'RE IN A NATIONAL BUT WE HAVE MORE IMPROVEMENTS AREAS THAN THEY HAVE.

>> WHAT WAS THE QUANTITY THAT YOU ADMINISTER?

>> IT'S A LOT.

>> IT'S WICKED FOR A NUMBER.

>> IN THE CURRENT PLAN IS FOR YOU TO ADMINISTER ANY PID THAT WE MIGHT PUT FORWARD.

>> I WOULD DEFER TO STAFF RIGHT NOW.

MY CONTRACT IS TO HELP US EVALUATE REQUESTS.

[01:15:06]

IT'S OVER A BILLION DOLLARS IN ASSETS.

>> BILLION DOLLARS BUT HOW QUANTITY OF.

>> YOU REPRESENT OVER 110 CITIES ACROSS TEXAS.

>> SOME OF THOSE CITIES HAVE MULTIPLE PIDS, I'M SURE.

>> I HAVE CITIES THAT HAVE ONE.

I HAVE CITIES THAT HAVE ALL THREE TYPES, PLUS ONE THAT'S NOT DESIRABLE, THAT'S NOT ON THERE AND THEN I HAVE SOME THAT HAVE CLOSE TO A DOZEN PIDS.

>> COUNCIL, DO YOU HAVE ANY OTHER QUESTIONS OR COMMENTS?

>> MAYOR, IF I MAY JUST REAL QUICK, I'M GOING TO PUT OUT A CALL TO DON SPENCER TO HELP OUT, BUT WE'VE DONE A CURSORY.

WE'VE BEEN ABLE TO FIND SOME PROPERTIES WHERE THE PID ASSESSMENT DOES SHOW UP, BUT IT'S NOT UNIFORM.

THERE ARE CERTAIN SECTIONS THAT ARE RIVERWALK.

WE'RE DOESN'T SHOW UP IN PSALMS THAT DOES.

WE'LL TRY TO GET CLARIFICATION FROM DON AS WHY IS THAT THE CASE? IT DOES SHOW UP ON SOME CERTAIN PROPERTIES AND NOT SO MUCH ON OTHERS.

>> MIGHT THEY HAVE PAID IN ADVANCE BECAUSE THEY ARE ALLOWED TO PAY IT OFF IN THE LUMP-SUM, CORRECT?

>> THAT COULD BE A POSSIBILITY, BUT WE'LL WORK WITH DQ HAD TO GET A MORE DEFINITIVE ANSWER.

>> MAYBE THE TITLE COMPANIES WHERE IT'S THE TITLED THING OR SOMETHING.

>> THANK YOU, MS. BETTY. THEN WE'RE

[F.2. SP23-0005 – The Village Church Expansion - Consider a request for a Site Plan (SP23-0005 – The Village Church Expansion) to expand an existing church, with an exception to the Architectural Standards of the Town's Urban Design Plan for meritorious design, a request for additional height pursuant to Section 98- 1031(d) Additional height, of the Code of Ordinances and a request for a deviation to the required parking standards pursuant to Section 82-73 of the Code of Ordinances. The property is generally located south of Justin Road and east of Morriss Road. (PZ recommendation will be available in the packet on or before Nov 16.)]

MOVING ON TO ITEM H1 SPE 23-0005, THE VILLAGE CHURCH EXPANSION STARTING US OFF THIS EVENING WILL BE MS. LEXEND MURPHY, WHO ONCE AGAIN IS OUR DIRECTOR OF DEVELOPMENT SERVICES. I NEED THAT.

>> THANK YOU, MAYOR. AS MENTIONED, THIS IS THE VILLAGE CHURCH EXPANSION SITE PLAN.

HERE IS THE GENERAL LOCATION OF THE PROPERTY EAST-SOUTH OF JUSTIN ROAD AND EAST OF MORRIS ROAD.

HERE'S A MORE DETAILED VIEW.

THE LAND USE FOR THIS PROPERTY IS COMMERCIAL AND INDUSTRIAL USES AND THE ZONING IS PD19 FOR C2 DISTRICT USES.

HERE IS THE SITE PLAN FOR WHAT IS PROPOSED ON THE SITE.

YOU CAN SEE FROM WHAT YOU SAW IN THE PREVIOUS SLIDE FOR WHAT'S ALREADY THERE.

THERE IS AN EXISTING RETAIL BUILDING HERE THAT WOULD BE DEMOLISHED FOR THE CONSTRUCTION OF A PARKING GARAGE.

THEN THIS IS THE EXISTING CHURCH BUILDING IN PHASE 2 OF THE DEVELOPMENT, OR THEY'RE CALLING IT PHASE 3.

BUT THE NEXT PHASE AFTER THAT WOULD BE AN EXPANSION OF THIS FRONT ENTRYWAY AREA.

THE REASON THAT THE PROJECT IS BEFORE COUNCIL TONIGHT IS BECAUSE THERE ARE A COUPLE OF AN EXCEPTION AND A DEVIATION ASSOCIATED WITH IT.

ONE FOR THE DESIGN OF THE EXPANSION OF THE BUILDING AND THEN ONE FOR A PARKING DEVIATION.

THERE WAS ALSO PREVIOUSLY A HEIGHT REQUEST ASSOCIATED WITH THIS, BUT P&Z DID APPROVE THAT.

WE'LL GET TO MORE DETAIL ON THOSE SLIDES, BUT JUST GIVING AN OVERVIEW OF WHY THE PROJECT IS IN FRONT OF THE COUNCIL WHEN IT'S A SITE PLAN.

AGAIN, HERE'S THAT MERITORIOUS DESIGN REQUEST, THAT EXCEPTION THAT'S BEFORE COUNCIL.

THE URBAN DESIGN PLAN TYPICALLY LIMITS BUILDINGS TO ONLY 50% DOORS AND WINDOWS, AND SO ON THIS NORTH ELEVATION, ONCE THAT PHASE 3 IS COMPLETED, FOR THIS PARTICULAR ELEVATION IT WOULD BE APPROXIMATELY 62%.

I THINK THE GOAL BEING TO LET A LOT OF LIGHT AND MIMIC MORE OF A MORE TYPICAL CHURCH LOOK WITH THE AMOUNT OF GLASS THERE ON THE FRONT END.

THIS WAS AGAIN, THE BUILDING HEIGHT, THEY WERE JUST REQUESTING A HEIGHT FOR THIS PARTICULAR AREA WHERE THE STAIRS AND ELEVATOR WERE FOR THE PARKING GARAGE.

AGAIN, THAT WAS APPROVED BY P&Z.

OTHER REQUEST IS FOR A PARKING DEVIATION.

THE TOWN'S TYPICAL REQUIREMENTS WOULD PUT THE NUMBER OF SPACES FOR THE MAIN SANCTUARY AT 479.

THAT'S NORMALLY HOW THE PARKING IS DETERMINED FOR RELIGIOUS FACILITY USES IS BASED ON THE MAIN SANCTUARY, ONE SPACE PER THREE SEATS.

THEN THERE'S ALSO THE RETAIL AND RESTAURANT COMPONENT TO THAT.

OVERALL, THE TOTAL REQUIRED BASED ON THE CODE WOULD BE 643 PARKING SPACES FOR THE WHOLE DEVELOPMENT, WITH A 30% ALLOWED INCREASE FOR CHURCH USES AND 20% INCREASE FOR RETAIL, IT WOULD GET THEM AT 820 PARKING SPACES MAX THAT WOULD BE ALLOWED JUST UNDER THE TOWN'S STANDARD CODE.

WHAT WILL BE EXISTING IN THE PHASE 2 PARKING WILL

[01:20:01]

BE 1027 SPACES AND IN PHASE 3, 923 SPACES.

THIS JUST HAS TO DO WITH THE DIFFERENT REMOVALS AND ADDITIONS THAT HAPPENS IN THE COUPLE OF DIFFERENT PHASES, 170 SPACES ARE TAKEN OUT, 30 SAFE SURFACE SPACES IN THIS INITIAL PHASE, 35 ADDED OF SURFACE SPACES, AND THE 447 SPACES IN THE PARKING GARAGE.

THEN WHEN THE PHASE 3 COMES IN, THAT WILL START WITH THAT 1027 SPACES, THERE'LL BE 214 SPACES REMOVED, AND THEN 110 NEW PROPOSED SURFACE PARKING SPACES ADDED.

THEY'LL GET TO THE 923 NUMBER.

I WILL SAY THAT THE APPLICANT PROVIDED A PARKING STUDY AS IS REQUIRED WITH ANY DEVIATION REQUESTS AND IDENTIFIED WHY THEY FELT THEY NEEDED THE ADDITIONAL SPACES.

THEY DID AN ANALYSIS OF THE ACTUAL PARKING THAT'S OCCURRING AT THEIR SERVICES AND LOOKING AT THE DIFFERENT TIMINGS AND THE NUMBER OF PEOPLE THAT CROSSOVER THE TWO SERVICES, THEY SHOWED THAT THEY WOULD NEED THIS NUMBER OF SPACES TO ACCOMMODATE THE USE OF THE STRUCTURES.

THEY ARE ALSO NOT INCREASING THE IMPERVIOUS SURFACE AREA SINCE THEY ARE BUILDING UP RATHER THAN OUT.

BUT DESPITE THAT FACT THAT THEY ARE MEETING THE TOWN'S REQUIREMENT FOR MITIGATION FOR THE ADDITIONAL PARKING BY PROVIDING INCREASED LANDSCAPING.

I'LL SHOW YOU WHERE THAT'S LOCATED WHEN WE GET TO THOSE SLIDES.

HERE'S SOME VIEWS.

THIS IS AGAIN LOOKING SOUTHWEST, THE EXISTING VILLAGE CHURCH BUILDING.

HERE WE ARE LOOKING SOUTH AT THE ADJACENT RETAIL SPACE.

THEN THIS IS LOOKING WEST ACROSS THE OTHER RETAIL SPACES THAT WILL LARGELY REMAIN FOR THE TIME BEING.

THERE'S MULTIPLE OUT PARCELS THERE ON THE FRONT, AND THIS IS LOOKING AT A COUPLE OF THEM.

THERE'S A STARBUCKS, WE'VE A CHIPOTLE, A BANK.

THOSE ARE SEPARATE FROM THE DEVELOPMENT.

THEY HAVE THEIR OWN LOTS AND ARE NOT PART OF THIS PARKING CALCULATION EITHER.

AGAIN, HERE'S THE SITE PLAN, IT'S SHOWING WHERE THE PROPOSED 52,000 SQUARE-FOOT PARKING GARAGE WOULD BE, AND WHERE THE 16,500 SQUARE-FOOT BUILDING EDITION WOULD BE ADDED ON.

I'M JUST SHOWING THE TWO DIFFERENT PHASES.

HERE IS THE LANDSCAPE PLAN.

THIS SHOWS IN MORE DETAIL WHERE THEY'RE RETAINING EXISTING TREES AND THE TAN COLOR THAT ARE COUNTING TOWARD THEIR REQUIREMENTS AND THEN WHERE THEY ARE INCORPORATING NEW TREES OR THE GREEN.

YOU CAN SEE HERE THEY'RE PROVIDING QUITE A BIT MORE LANDSCAPING.

THEY'RE ALONG THE WESTERN SIDE WHERE THEY ARE ADJACENT TO OUR NEIGHBORHOOD CROSS THE STREET.

THEN THIS IS JUST IN THE NEXT PHASE.

THERE'LL BE SOME ADDITIONAL LANDSCAPING DONE HERE IN FRONT OF THE BUILDING, IF THAT AS IMPROVED AND ADDITIONAL TREES PLANTED WITHIN THE NEW PARKING AREAS.

HERE ARE THE ELEVATIONS OF THE BUILDING.

THE BOTTOM ONE SHOWS THIS, THE PHASE 2 WHAT WILL LOOK LIKE AT THAT POINT.

THAT WILL BE THAT IN THE PARKING GARAGE IS CONSTRUCTED, BUT AT THAT TIME THE FRONT OF THE BUILDING WILL REMAIN THE SAME, AND THEN THIS NEXT ONE UP ON THE NORTH ELEVATION SHOWS THAT FINAL APPEARANCE OF THE ENTRY TO THE SANCTUARY AND WHAT IT WILL LOOK LIKE WITH ALL THOSE IMPROVEMENTS.

THEN YOU CAN SEE THE SOUTH ELEVATION, EAST AND WEST.

THESE ARE THE MATERIALS THAT THEY ARE PROPOSING MEETING THE URBAN DESIGN GUIDELINES REQUIREMENTS FOR MATERIALS.

AGAIN, HERE IS A VIEW OF THAT SITE PLAN.

I'D BE HAPPY TO ANSWER ANY QUESTIONS AND THE APPLICANT ALSO HAS A PRESENTATION.

>> COUNCIL FOR QUESTIONS.

CAN YOU GO BACK TO SLIDE NUMBER EIGHT FOR ME? WE DON'T OFTEN GET REQUESTS TO ADD PARKING.

BUT COUNCIL HAS RECENTLY APPROVED, I THINK, FOR ANOTHER APPLICANT OUT WEST ASD, WHERE THERE WAS A BUNCH OF PARKING THAT THEY REQUESTED FOR THEIR GAMES AND SPORTS AND THINGS GOING ON AT THE SCHOOL.

DO YOU REMEMBER WHAT THAT PERCENTAGE OF INCREASE WAS THAT COUNCIL APPROVED OVER?

>> I DO NOT RECALL THAT OFFHAND.

>> THAT'S THE ONLY QUESTION I HAD. COUNSEL OTHER QUESTIONS.

THANKS, LEXIN. MS. RANDY RIVERA? GOOD EVENING MA'AM. IT'S BEEN A WHILE.

>> YES. GOOD EVENING.

IT HAS BEEN A MINUTE. I LOOK

[01:25:03]

FORWARD TO COMING BACK IN NEXT MONTH, A COUPLE OF OTHER ONES.

BUT RANDY RIVERA, LAND PLANNER WITH MCADAMS. THE ADDRESS IS 4400, STATE HIGHWAY 121.

VERY HAPPY TO BE HERE.

THANK YOU FOR HOLDING THIS SPECIAL MEETING ON THURSDAY NIGHT, THE WEEK BEFORE THANKSGIVING.

WE ALSO HAVE WITH US IN THE AUDIENCE, THE TEAM FROM THE VILLAGE CHURCH PASTORS JOSH PATTERSON AND NICK CRAWFORD, ALONG WITH THE FACILITIES DIRECTOR DOUG STANLEY, ARCHITECTS ARE HERE FROM PARK HILL, CLAY AND SCOTT, AND THEN THE ENGINEER, JOSH AND HANNAH FROM MCADAMS AND THE OTHER PLANNERS FROM MCADAMS THAT WORKED ON THIS.

WE'RE ALL HERE LOOKING FORWARD TO PRESENTING THIS AND MOVING FORWARD AS QUICKLY AS POSSIBLE ON THE CONSTRUCTION AND THE REMAINING DESIGN COMPONENTS AND THEN THE CONSTRUCTION MOVING FORWARD.

LOOKING AT THIS SITE WHEN WE FIND THEM, TAKING THESE PHOTOS ON A SUNDAY, WHEN THERE IS SERVICE.

THE PHOTO ON THE LEFT, HAS 407 HERE ON THE RIGHT SIDE OF THE PAGE, YOU CAN SEE THE FOUR OUT PARCELS.

THE BANK IS HERE, HERE IN THE CORNER.

YOU CAN SEE HOW FULL THIS ENTIRE SITE IS DURING A SUNDAY SERVICE.

EVERY INCH HAVE PAVEMENT THAT CAN BE PARKED IS PARKED.

WE HAVE PEOPLE PARKING IN THE DRIVE-THROUGH CHICK-FIL-A, SINCE IT IS CLOSED.

THEN LOOKING AT THIS OTHER AERIAL IMAGE ON THE RIGHT SIDE AND THE BANK, GETTING AS MANY PEOPLE PARKED INTO THE DRIVE-THROUGH AS POSSIBLE.

YOU CAN SEE SOME OF THEM ARE PARKED IN THE DRIVE AISLES IN ORDER TO FIND A SPACE TO GET INTO SERVICE.

IT IS, AS SOME OF THE PUBLIC COMMENTS STATED EARLIER, WHEN YOU APPROACH THE SERVICE AND THE FIRST THING YOU NOTICE IS THIS COMING IN AND YOU MIGHT BE FIVE-MINUTES BEFORE IT STARTS, OR RIGHT WHEN IT'S STARTING.

THEN THE VOLUNTEERS WILL PUT UP SOME BOARDS OUT FRONT THAT SAYS LOT IS FULL AND SO IT'S A LITTLE DISCOURAGING.

WHERE DO I DO I PARK.

WHAT YOU'LL SEE IN THESE PHOTOS IS ACROSS 407, THERE'S FOLKS PARKING OVER HERE, AND HIGH IN THE VILLAGE AND SOMETIMES THERE WILL BE WALKING ACROSS.

THEN IN THE FOREGROUND OF THIS PHOTO, SOME OF THEM ARE PARKING IN THE TOM THUMB CENTER.

IT IS AN ISSUE THAT THE CHURCH HAS BEEN FACING THE CIRCULATION AND THE SITE IS NOT VERY EFFICIENT.

THE CHURCH PURCHASED THIS PROPERTY, OVER A DECADE AGO.

THE CHURCH HAS BEEN A MEMBER OF THE COMMUNITY FOR SEVERAL DECADES AND THEN HAS TAKEN OVER THE CENTER, OVER THE YEARS, THE DIFFERENT RETAIL BUILDINGS, THE OUT PARCELS REMAIN UNDER DIFFERENT OWNERSHIP.

BUT ALTOGETHER, THE PROPERTY CONSISTS OF 14.6 ACRES.

WHAT THE CHURCHES IS CONVERTING AT THIS POINT IS, HOW DO WE CONTINUE TO GROW WHEN WE'RE REALLY CONFINED BY THIS LAND AREA OF 14.6 ACRES? HOW DO WE ALSO ADDRESS THIS PERCEIVED ISSUE OUT IN THE COMMUNITY OF THE CHURCH THAT TURNS AWAY.

THAT IS, AS SOME OF THE PUBLIC COMMENTS STATED, THAT IS A BIG CHALLENGE.

WE WANT TO BE ABLE TO REACH AS MANY PEOPLE AS POSSIBLE.

HOW DO WE ADDRESS THAT? NOT BEEN ABLE TO ACCOMMODATE ALL THE PEOPLE IS A BIG PROBLEM.

IN 2018 AND 2019, THE CHURCH INITIATED THIS CAMPAIGN, IF YOU WILL, I DON'T KNOW IF THAT'S ACTUALLY THE RIGHT WORD, BUT JUST HOW ARE THEY GOING TO GROW? SHOULD THEY BUY A GREENFIELD SITE, 40 ACRES SOMEWHERE ELSE THROUGHOUT THE TOWN, BUT GIVE UP THEIR OWNERSHIP OF THE OLD ALBERTSONS AND SHOPPING CENTER, MOVE SOMEWHERE ELSE AND START FROM SCRATCH WITH CAMPUS PLANNING AND THINGS LIKE THAT.

IN 2020, WITH COVID HAPPENING, TWO WEEKS AWAY FROM CLOSING.

IT JUST WAS, I'LL USE PASTOR CRAWFORD WORDS OF A PROVIDENTIAL PAUSE, REALIZING THAT THIS PROBABLY ISN'T THE BEST PLAN MOVING FORWARD FOR OUR CONGREGATES AND THE COMMUNITY.

LET'S MAKE THE MOST OF THE RESOURCES WE HAVE AND BE VERY EFFICIENT IN THAT.

THIS IS THE CHALLENGE IS WHAT YOU SEE THIS ALBERTSONS BUILDING PICTURES ON SITE ALSO REALLY HELPED DEMONSTRATE THERE ARE NO WINDOWS.

THE EXTERIOR REMAIN THE SAME SINCE THE '90S.

I'M SURE THERE'S BEEN TOUCH UPS HERE AND THERE, BUT DEFINITELY NOT A WARM INVITING FRONT DOOR FOR GUESTS AND MEMBERS OF THE CHURCH TO BE ABLE TO COME INTO.

THIS RENDERING HERE, IT SHOWS THAT THIS IS THE NORTH SIDE OF THE ALBERTSONS BUILDING.

IT'S BACK HERE WHERE MY MOUSE IS AND YOU CAN STILL SEE THAT OLD FACADE BACK THERE,

[01:30:01]

BUT WE'RE GOING TO COME OUT INTO THE FRONT WITH THIS ENTRY PLAZA GATEWAY ENHANCING THIS GATHERING AREAS YOU'RE GOING INTO THE CHURCH, SO THAT WHEN YOU'RE NOT COMING IN AND OUT OF THE CHURCH, THE FIRST THING YOU STEP OUT ONTO AS A FIRE LINE, IT'S MORE OF, LET'S HAVE SOME SPACE TO BE ABLE TO CONGREGATE AND MAKE THESE VITAL CONNECTIONS.

THAT JUST HAPPEN.

YOU DON'T KNOW WHEN IT'S GOING TO HAPPEN, BUT YOU WANT TO HAVE A SPACE.

IF IT DOES HAPPEN, THAT YOU CAN PULL SOMEONE ASIDE AND HAVE THOSE GREAT CONVERSATIONS AND NOT BE IN THE MIDDLE OF A FIRE LANE DOING THAT, OR THE PARKING LOT.

WHAT YOU'LL SEE HERE ON THE RIGHT SIDE IS THE PARKING DECK.

IT HAS THREE STOREYS, 447 SPACES.

WHAT WE MENTIONED MONDAY NIGHT AT P AND Z WAS THAT THIS TOP-LEVEL, THE PLAN IS TO REALLY RESERVE THAT FOR STAFF AND VOLUNTEERS OF THE CHURCH.

THEY USUALLY GET THERE EARLY, AND THEY PROBABLY LEAVE LATER THAN EVERYBODY ELSE.

BUT THIS IS THE THREE-STORY PARKING DECK HERE.

THIS IS PHASE 2.

THERE STAIRWELL IS RIGHT HERE AND ELEVATOR SHAFT THAT CONNECTS INTO THIS FRONT DOOR AREA.

THEN THIS AMENITY AREA, LAWN CONNECTS THE GARAGE AND THE ENTRANCE TO THIS NEW ADDITIONAL SPACE THAT COMES OUT TO THE PARKING LOT AS WELL TO CREATE OPPORTUNITIES FOR ANOTHER SEATING AREAS AND PLACES TO GATHER PLACES FOR PEOPLE TO HAVE THOSE MEANINGFUL CONVERSATIONS WHENEVER IT IS PROMPTED AND TO BE ABLE TO USE THAT SPACE, THERE'S OTHER TYPES OF EVENTS THE CHURCH HOSTS, DIFFERENT FORUMS AND ACTIVITIES, DIFFERENT GROUPS THAT ARE COMING IN THROUGHOUT THE WEEK AS WELL TO BE ABLE TO USE THESE SPACES.

HERE'S A VIEW OF THIS ENTRY GATEWAY AND THE DIFFERENT TREATMENTS AND ENHANCEMENTS.

REALLY SEE THESE THE WINDOWS HERE, AND THE BACKGROUND THAT REALLY OPEN UP THIS ENTRY AND LET THAT NATURAL LIGHT COME IN TO MAKE IT WARM AND INVITING AND MORE CONSISTENT WITH WHAT OTHER CHURCHES LOOK LIKE, MORE SEATING OPPORTUNITIES.

HERE'S AN INTERIOR SHOT, AS YOU COME INTO THE FRONT DOOR, BEING ABLE TO GRAB SOME COFFEE AND MINGLE AND AGAIN, JUST AMPLE SEATING AREAS, THROUGHOUT THESE COMMON AREAS IN THE CORRIDORS.

HERE IS THE MULTIPURPOSE VENUE THAT'S RIGHT OFF OF THE SIDE OF THAT ENTRY PLAZA GATEWAY.

THIS COULD BE USED FOR FORUMS, KIDS VILLAGE EVENTS, OR WEDDINGS, FUNERALS, THINGS THAT ALSO SERVE THE COMMUNITY.

THIS WILL BE A NICE ADDITION TO BE ABLE TO USE IT FOR WHEN THAT NEED ARISES, THAT SPACE IS THERE.

LOOKING AT AN AERIAL VIEW OF THESE IMPROVEMENTS AND LEXEND DID A GREAT JOB OF GOING THROUGH THE DETAILS.

I CAN PROBABLY GO THROUGH THOSE QUICKER, I DON'T WANT TO BE REPETITIVE, BUT THIS IS THE PHASE 2.

THIS IS WHERE THE PARKING STRUCTURE WILL BE LOCATED.

YOU'LL SEE SOME INGRESS EGRESS POINTS HERE THAT ARE SHADED IN THIS GRAY COLOR, THIS LOWER-LEVEL, YOU CAN ACCESS IT FROM THE NORTH, OR THE SOUTH.

THEN THE UPPER TWO, THERE'S THE RAMP HERE BY THE SONIC TO GO UP.

THEN YOU CIRCULATE AROUND.

AGAIN THIS IS THE PHASE 2.

ONCE AS SOON AS THIS IS COMPLETE, THEN THE CONTRACTOR IS GOING TO HOP OVER TO PHASE 3 AND START EXPANDING AND TAKING OUT THE PARKING AREAS IN FRONT, PUTTING IN THE BUILDING AND THEN THE ENHANCEMENTS AND LANDSCAPING COME AFTER THAT.

BUT YOU SEE HOW BEFORE THAT DRIVE AISLE WAS GOING THROUGH THERE AT AN ANGLE MAKING SOME REAL INEFFICIENT USE.

BUT NOW IT'S COMING THROUGH ACROSS, BEING ABLE TO COME RIGHT UP TO THAT FRONT DOOR, BUT ALLOW FOR A REFUGE OFF OF THE FIRE LANE AND NOT LIKE WHAT WE HAVE TODAY.

MULTIPLE ACCESS POINTS TO THE SITE.

MEETING OPENING AT 04:07 AND MORRIS AND BROWNING.

THERE'S ALSO THIS BACK FIRE LANE THAT CAN ALSO BE USED.

THERE'S QUITE A BIT OF CIRCULATION THAT HELPS WITH THE TRAFFIC FLOW GETTING IN AND OUT IN A QUICKLY MANNER.

THE ELEVATIONS. WHAT YOU SEE ON THE TOP OF THE PAGE IS THE ENTIRE ELEVATION.

THE BLACK DASHED LINE IS THE BUILDING THAT'S EXISTING TODAY, TO DEMONSTRATE THE HEIGHT OF THAT BUILDING AS IT SITS RIGHT NOW COMPARED TO THE HEIGHT OF THIS PROPOSED IMPROVEMENT AND THE GARAGE.

THESE ARE PAIR RAPIDS WERE THE ALBERTSONS COMES UP.

BUT REALLY THAT EXISTING BUILDING IS ALONG THIS LINE AND AS YOU COME ACROSS, IT DIPS DOWN RIGHT HERE.

BUT OVERALL, THE BUILDING THAT WE'RE PROPOSING IS REALLY LESS THAN HEIGHT.

THIS MIDDLE PICTURE IS THE LEFT HALF OF

[01:35:01]

THE UPPER IMAGE JUST ZOOMED IN SO YOU CAN REALLY SEE THAT.

WE TALKED ABOUT A 28 FOOT BUILDING HEIGHT HERE FROM THAT FINISHED FLOOR.

THEN THE PARKING GARAGE IS HERE ON THE BOTTOM, ZOOMED IN FROM THAT TOP IMAGE SO YOU COULD SEE IT CLEAR.

YOU CAN SEE THAT OVERWHELMINGLY THE PARKING GARAGE IS LESS THAN HEIGHT THAN THE EXISTING STRUCTURE TODAY EXCEPT FOR THE PROTRUSION FOR THE STAIRWELL AND ELEVATOR SHAFT.

HERE'S WHAT IT LOOKED LIKE PHASE, I THINK LEXEND HAD THESE AS WELL.

FIRST THING HAPPENS, THAT GARAGE, NEXT TO THE EXISTING FACADE, GARAGE IS THERE, AND THEN THE EXISTING FACADE IS ENHANCED WITH THE EXTENSION.

THEN WE GET MORE WINDOWS, QUITE A BIT MORE WINDOWS.

THEN AGAIN, ALL THAT SPACE INSIDE.

THIS IS THE WEST ELEVATION AGAINST MORRIS.

THEN A VIEW OF WHAT THAT GARAGE WILL LOOK LIKE AGAINST MORRISS.

THIS TOP PICTURE HAS THE DSL LINE THAT THIS MEETING OPENING IS UP HERE.

THE IMPROVEMENTS THAT ARE BEING MADE ARE NO CLOSER TO MORRISS THAN WHAT'S THERE TODAY.

THE LANDSCAPING TODAY, IT'S BURNED UP WITH SOME SMALLER CANOPY TREES, BUT THERE'S NO UNDERSTORY SHRUBS OR ANYTHING LIKE THAT IN THIS LOCATION.

WE'RE PROPOSING THOSE WE'RE WORKING WITH JOHN RAYBURN ON SWITCHING OUT THE HOLLY SHRUBS TO BE MORE NATIVE GRASSES HERE.

BUT THERE WILL BE SOME SEVERAL PLANTINGS HERE TO MAKE THAT ENHANCEMENT.

THIS IS WHERE WE'RE PUTTING A LOT OF THE ADDITIONAL TREES TO MITIGATE THE OVER PARKING.

THE TREATMENT OF THE GARAGE WAS REALLY IMPORTANT.

IT DIDN'T LOOK LIKE A LARGE EXPANSE OF CONCRETE WALL.

WANTED TO BREAK THAT UP WITH DIFFERENT TYPES OF OPENINGS TO GIVE IT A LITTLE BIT OF CHARACTER.

AGAIN, LESS TALL THAN, WHAT'S THERE TODAY? THERE'S SOME LANDSCAPING IN FRONT OF THAT TO HELP TRANSITION OVER TO MORRIS ROAD AND TO PROVIDE THAT SCREENING.

THIS SHOT HERE ON THE BOTTOM RIGHT IS IF WE'RE FURTHER NORTH ON MORRISS, THIS IS THIS DSL LINE THAT YOU SEE IN THE TOP PICTURE.

JUST THAT GARAGE, AGAIN, NOT AS TALL AND IT CAN BE SCREENED PRETTY WELL FROM THE PROPOSED LANDSCAPING.

THAT IS THE CONCLUSION OF JUST THE OVERVIEW.

I WOULD WELCOME ANY QUESTIONS FOR ME OR MY TEAM IF THERE'S ANYTHING SPECIFICALLY YOU'D LIKE TO KNOW.

>> THANK YOU. RANDY. COUNCIL, DO YOU HAVE ANY QUESTIONS?

>> YEAH. DID YOU-ALL DO ANY OUTREACH MEETINGS WITH THE NEIGHBORHOODS?

>> WE DID. WE WANTED TO BE SENSITIVE TO THE NEIGHBORS, WHICH HAS A LOT OF THE REASON WHY THE EXPANSION WAS PUT ON THE NORTH SIDE OF THE BUILDING.

IT MADE SENSE TO GO OUT INTO THE PARKING LOT, BUT WANTED TO MAKE SURE THAT WE WEREN'T [NOISE] CREATING ANY IMPACT TO THE NEIGHBORS DIRECTLY TO OUR SOUTH, AND THAT WAS OUR DIRECT ADJACENCY.

WE CONTACTED THE TWO NEIGHBORHOODS ACROSS [NOISE] MORRISS ROAD.

WE HAD THEIR HOA CONTACTS.

THE SAME PACKET THAT I'VE SENT ON THIS SCREEN TODAY IS THE SAME INFORMATION WE SHARED WITH THEIR HOA PRESIDENTS.

WE'VE ALSO SHARED THIS INFORMATION WITH THE CONGREGATION.

ONE OF OUR ENCOUNTER MEETINGS RECENTLY.

AN ARTICLE ALSO JUST CAME OUT, BUT WE DID REACH OUT TO ALL THREE HOAS GRAND PARK AND THE TWO WATERFORD.

TO DATE, WE HAVEN'T HEARD BACK ANY CORRESPONDENCE REGARDING THAT HOA, BUT WE HAVE TALKED TO MEMBERS IN THOSE NEIGHBORHOODS AND THEY'RE AWARE OF THESE CHANGES.

>> ANYONE ELSE?

>> RANDY WHAT IS THE CONSTRUCTION TIMELINE GOING TO BE LIKE AND HOW IS IT GOING TO IMPACT ALL THE ACTIVITY THAT YOU HAVE CURRENTLY?

>> THAT'S A VERY, VERY GOOD QUESTION.

WE WANT TO MOVE FORWARD AS FAST AS POSSIBLE.

THE PARKING STRUCTURE WILL OCCUR EARLY '24.

I THINK THIS WHOLE AREA WOULD HAVE TO BE BARRICADED WHILE THEY'RE DOING THOSE.

THEN CIRCULATION IS GOING TO HAVE TO GO ON THE SOUTH SIDE.

I COULD ASK OUR TEAM IF THEY NEED TO EXPAND ON THAT, BUT THAT'S WHAT I WOULD THINK WOULD HAPPEN THERE.

THEY MAY HAVE A PLAN ALREADY IN PLACE OR WE'RE WORKING ON THOSE PLANS NOW.

I STILL ONCE THAT'S READY AND OPEN, THEN WE'LL CLOSE OFF THIS AREA IS STILL ALLOW FOR WALKING THROUGH UP TO THE FRONT OF THE BUILDING TO GET IN.

THAT'S WHY WE'RE DOING IT STAGE.

WE WOULD LIKE TO DO ALL OF IT AT ONCE.

BUT IT CREATES MINIMAL IMPACT IF WE CAN JUST LIMIT AND STAGE OR SORRY,

[01:40:03]

BARRICADE THOSE AREAS TO BE IMPROVED ONE AT A TIME SO THAT WE CAN TRY TO MITIGATE FOR THAT IMPACT FOR PARKING.

>> YOU'RE TARGETING COMPLETION WHEN?

>> I BELIEVE IT IS '25 OF PHASE 3.

>> THANKS.

>> BRIAN. I'M NOT SURE IF HE CAN HEAR US, BUT DO YOU HAVE ANY QUESTIONS? I DON'T WANT TO SKIP YOU.

>> NO, I CAN HEAR JUST FINE AND I DON'T HAVE ANY FURTHER QUESTIONS.

I APPRECIATE THE PRESENTATION.

>> COUNCIL, DO YOU HAVE ANY MORE QUESTIONS FOR MS. RIVERA? THANK YOU, RANDY.

>> THANKS SO MUCH.

>> COUNSEL FOR DISCUSSION.

>> LOGO. SINCE I'M ONE OF THOSE NEIGHBORS, MY HOUSE IS RIGHT HERE WHEN IT'S NOT THE CLOSEST HOUSE, BUT IT'S CLOSE, ALMOST THE CLOSEST HOUSE.

I'LL DEFINITELY BE STANDING ON MY DRIVEWAY WATCHING THIS CONSTRUCTION TAKE PLACE.

AS ONE OF THE LOCAL ONE OF THE CLOSEST RESIDENTS.

WE'RE NOT LOSING ANYTHING.

THAT'S FOR SURE. EL CHICO THAT CLOSED MANY YEARS AGO.

THERE'S A DRY CLEANER THAT HAD TO MOVE.

MY BARBERSHOP IS IN THIS BUILDING BUT THEY'RE RELOCATING ACROSS THE STREET, SO IT'S GOING TO BE BE EVEN BETTER FOR ME.

I'LL JUST SAY THAT WE DID GET AN EMAIL TODAY FROM A RESIDENT WHO HAD SOME CONCERNS AND I THINK THAT JUST IF HIS CONCERNS WERE.

IT'S JUST WE'RE OVER PARK.

THERE'S TOO MANY DOG ON PARKING LOTS, AND I CAN APPRECIATE THAT.

BUT MY PERSPECTIVE IS STRUCTURED PARKING IS THE BEST OPTION BECAUSE THEN WE DON'T HAVE AS MUCH VAST OCEANS OF SURFACE PARKING.

I SEE THE PARKING CHALLENGES I SEE WITH MY OWN EYES ALL THE TIME, AND SO I KNOW YOU GUYS NEED TO DO THIS.

IT LOOKS LIKE A REALLY GREAT SOLUTION IN THE OUTCOME AFTER PHASE 3.

IT'S NOT GOING TO LOOK LIKE A GROCERY STORE ANYMORE AND IT'S GONNA BE GREAT, SO GOOD LUCK, AND I WISH YOU THE VERY BEST, AND I'M DEFINITELY IN FAVOR OF THIS.

>> ANYONE ELSE?

>> WELL, I AGREE WITH ADAM.

I'VE DRIVEN BY THERE ON SUNDAYS AND THEY'RE PARKING EVERYWHERE.

ACROSS MORRISS, ACROSS 407, IN SOME CASES ACROSS BROWNING TO GET TO GET THE CHURCH.

IT'S JUST A BAD SITUATION.

I THINK THAT THE PARKING STRUCTURE, ALTHOUGH VERY EXPENSIVE, I THINK IT'S THE RIGHT CHOICE FOR YOU IF YOU'RE GOING TO REMAIN IN THAT LOCATION AND AS FAR AS THE THE ELEVATION OF THE CHURCH, IT'S GOING TO LOOK SO MUCH BETTER THAN AN OLD GROCERY STORE, WHICH IS BASICALLY WHAT IT LOOKS LIKE NOW.

YEAH I'M IN FAVOR OF THIS.

>> PERFECT.

>> WE HAD THE OPPORTUNITY TO MEET. IT'S ALL A BLUR.

A FEW WEEKS AGO, I GUESS, I HAD ASKED YOU A FEW QUESTIONS ABOUT LIGHTING BECAUSE ONE OF MY CONCERNS WAS A LIGHTING FROM THE PARKING STRUCTURE MIGHT TRAVEL IF IT'S TOO HIGH AND NOT AT THE RIGHT ANGLE MIGHT SHINE INTO NEIGHBORHOODS.

BUT YOU DID A LAY MY CONCERNS BY SAYING ABSOLUTELY THAT WON'T HAPPEN.

WE HAVE SOME STANDARDS THAT WE WOULD NEED TO ADHERE TO.

I THINK LUX AND YOU MENTIONED THAT TOO.

I JUST WANTED TO CHECK IN ON THE ADJACENT RESIDENTS AND I THINK THAT WAS ANSWERED OKAY.

>> DID THEY WOULD HAVE TO MEET ALL THE TOWNS LIGHTINGS?

>> I ESPECIALLY WAS CONCERNED ABOUT PEOPLE PARKING ACROSS 407 AND WALKING ACROSS.

I WOULD BE REALLY HAPPY TO SEE THAT NOT HAPPEN ANYMORE.

>> MR. TAYLOR, ANY DISCUSSION?

>> NO, I AGREE WITH EVERYTHING YOU SAID.

I SUPPORT THIS FULLY.

>> MR. DREW.

>> I THINK THIS IS A GREAT ADDITION TO THE TOWN.

I THINK THEY NEED THE PARKING.

I THINK IT'S UNFORTUNATE THAT WE HAVE TO ADD A PARKING STRUCTURE, BUT I THINK IT'S THE BEST FIT FOR THIS AREA BECAUSE THERE'S JUST LIMITED BY THE LAND.

I ALSO THINK IT'S A GREAT THING TO REVITALIZE THIS AREA BECAUSE IT JUST HASN'T REALLY HAD A LOT OF INVESTMENT AND I THINK I'VE RELAYED THAT IN OUR MEETING.

I'M SUPPORTIVE OF THIS. I THINK IT'S A GOOD ADDITION TO THE TOWN. THANK YOU ALL.

>> I LIKE TO HEAR FROM THEIR BRAIN TRUST IN THE BACK WITH ALL THE LAPTOPS AND STUFF.

[LAUGHTER]

>> COUNCIL, IS THERE ANY MORE DISCUSSION?

>> MAYOR I THINK I HAVE THE ANSWER TO YOUR QUESTION ABOUT THE PARKING FOR THE HIGH SCHOOL.

IT WAS 1276 SPACES WERE APPROVED AND 776 WERE REQUIRED, SO IT WAS A 64% INCREASE.

HERE, I BELIEVE AT THEIR BUILD-OUT WILL BE AT 923 WITH 643 REQUIRED, SO I THINK IT'S ABOUT A 44% INCREASE.

>> PERFECT. THANK YOU, LEXINGTON.

COUNCIL ANYTHING ELSE? THEN I'LL ENTERTAIN A MOTION.

>> MAYOR I MOVE APPROVAL OF THE VILLAGE CHURCH EXPANSION SITE PLAN AS PRESENTED.

>> SECOND.

>> ANY DELIBERATION ON THAT MOTION? TERESA WE HAVE A MOTION AND A SECOND, PLEASE CALL THE ROLL.

[01:45:02]

>> COUNCILMEMBER SHISTO.

>> AYE.

>> DEPUTY MAYOR PRO TEM MARTIN.

>> AYE.

>> MAYOR PRO TEM INGLE.

>> AYE.

>> COUNCILMEMBER DREW.

>> AYE.

>> COUNCILMEMBER TAYLOR.

>> AYE.

>> YOUR MOUTH MOVED BUT IT WAS NOT LOUD.

>> COUNCILMEMBER TAYLOR.

>> AYE. [LAUGHTER]

>> ITEM H1 SP 23-0005, VILLAGE CHURCH EXPANSION PASSES BY UNANIMOUS VOTE.

[NOISE] WE'LL BE MOVING ON TO

[F.3. SUP23-0006 – Morriss Road Assembly Hall - Public Hearing to consider an ordinance granting Specific Use Permit No. 488 (SUP23-0006 – Morriss Road Assembly Hall) to permit an assembly hall use. The property is generally located west of Morriss Road and south of Littlejohn Court. (PZ recommendation will be available in the packet on or before Nov 16.)]

ITEM 2 SUP 23-0006 MORRIS ROAD ASSEMBLY HALL, WHICH INCLUDES A PUBLIC HEARING.

ANYONE HERE, WHICH IS TO SPEAK DURING THE PUBLIC HEARING, PLEASE FILL OUT THE GREEN COMMENT CARD IN ADVANCE.

WITH THAT, I'LL TURN IT OVER TO LEXIN.

>> THANK YOU, MAYOR. HERE IS THE GENERAL LOCATION OF THIS PROPERTY.

YOU CAN SEE IT'S ON THE WEST SIDE OF MORRIS, JUST SOUTH OF LITTLE JOHN COURT.

HERE'S A MORE DETAILED VIEW.

THE PROPERTY IS LAND USE IS RETAIL, THE ZONING IS PD-84 FOR R-2 DISTRICT USES.

WITHIN R-2 REQUIRES AN SUP FOR AN ASSEMBLY HALL USE.

I HAD A QUESTION ABOUT THAT FROM SOMEONE ELSE SO JUST TO CLARIFY THAT BASICALLY JUST AN EVENTS CENTER.

HERE IS THE AREA THAT'S BEING IDENTIFIED FOR THE ASSEMBLY HALL USE.

THIS IS AN EXISTING BUILDING, BUT THEY WOULD NOT BE TAKING UP THE ENTIRETY OF THE BUILDING.

THEY ARE ONLY REQUESTING IT FOR APPROXIMATELY 2,000 SQUARE FEET WITHIN THE BUILDING, AND IT'S A LITTLE MORE THAN AN 8,000-SQUARE-FOOT BUILDING.

THE ASSEMBLY HALL USE DOES REQUIRE PARKING AT A RATIO OF ONE SPACE PER THREE SEATS SO CAN TALK ABOUT THAT A LITTLE MORE, BUT THEY ARE ABLE TO MEET THE PARKING REQUIREMENTS.

HERE'S SOME PICTURES OF THE SITE.

THIS IS LOOKING NORTHWEST.

THERE IS A ONE EXISTING TENANT WITHIN THE BUILDING.

THIS IS LOOKING EAST.

HERE WE ARE LOOKING DIRECTLY NORTH BUT TO THE ADJACENT AMENITY AREA NEXT TO THE BUILDING.

THEN THIS IS FROM THE REAR OF THE BUILDING LOOKING NORTH.

THIS IS LOOKING WEST ACROSS THE WAY THERE.

AGAIN, HERE'S THAT SITE PLAN.

AS I MENTIONED, THEY ARE ABLE TO MEET THE PARKING REQUIREMENTS.

WHILE THEY DON'T HAVE QUITE ENOUGH SPACES WITHIN THEIR LOT, THERE WAS A PROOF SHARED PARKING FOR THE WHOLE MORRIS COMMONS DEVELOPMENT, AND THERE ARE 52 SPACES THAT ARE CURRENTLY NOT BEING USED BY ANY CURRENT TENANTS IN THE BUILDING.

THAT IS ALSO ASSUMING THAT THIS BUILDING IS FULLY OCCUPIED.

IT'S NOT SHORTING THEM OF BEING ABLE TO HAVE ANY FUTURE TENANTS.

THERE ARE 17 SPACES THAT ARE AVAILABLE ON THE ADJACENT AMENITY LOT IMMEDIATELY TO THE WEST.

HERE IS THE LANDSCAPE PLAN SO THAT THEY'RE NOT PROPOSING ANY CHANGES TO THE LANDSCAPE PLAN IS JUST TO SHOW YOU WHAT WAS ALREADY APPROVED FOR THIS SITE WHEN IT WAS SITE PLANNED AND THE SAME THING FOR THE ELEVATIONS.

THEY'RE NOT PROPOSING ANY CHANGES.

THESE ARE THE PREVIOUSLY APPROVED ELEVATIONS.

THERE ARE SOME CONDITIONS PROPOSED WITH THE SUP THAT THE APPLICANT IS IN AGREEMENT WITH.

IT WOULD BE LIMITED TO 2,007 SQUARE FEET WITHIN BUILDING D. THE MAXIMUM ATTENDEE CAPACITY IS 30 BETWEEN THE HOURS OF 09:00 AM AND 05:00 PM MONDAY THROUGH FRIDAY AND THE MAXIMUM ATTENDEE CAPACITY IS 75 BETWEEN THE HOURS OF 06:00 PM AND 09:00 PM MONDAY THROUGH FRIDAY AND 09:00 AM AND 09:00 PM SATURDAY AND SUNDAY.

AGAIN, WHILE THERE IS ADEQUATE PARKING FOR THE SITE.

IT'S THE APPLICANTS ATTEMPT TO ENSURE THAT IT WASN'T GOING TO CAUSE ANY PROBLEMS AT ALL.

THE SURROUNDING BUILDINGS ARE MOSTLY OPENED BETWEEN 9:00-5:00 MONDAY THROUGH FRIDAY, SO THEY'RE LIMITING IT TO SMALLER EVENTS DURING THOSE REGULAR BUSINESS HOURS DURING THE WEEK.

I DON'T REMEMBER I SAID THIS, BUT ALL ACTIVITIES WOULD BE REQUIRED TO STAY INDOORS.

THERE WERE SOME CONCERNS FROM ADJACENT NEIGHBORHOOD ABOUT WHETHER THIS WAS GOING TO LEAD TO ANY OUTDOOR ACTIVITIES.

AGAIN, HERE IS THE SITE PLAN.

I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

THE APPLICANT IS ALSO HERE TO ANSWER QUESTIONS, THOUGH HE DOESN'T HAVE A PRESENTATION.

>> LEXIN ON THE MAXIMUM ATTENDEE, HOW WOULD THAT BE ENFORCED?

>> IT WOULD BE ENFORCED BY A COMPLAINT BASICALLY.

IF SOMEONE COMPLAINED ABOUT, HEY, THERE IS THIS HUGE PARTY GOING ON THEN THE TOWN COULD COME AND INVESTIGATE BECAUSE IT WOULD BE DURING REGULAR BUSINESS HOURS.

>> CAN YOU GO BACK TO THAT PAGE AGAIN JUST FOR ONE SECOND? MONDAY THROUGH FRIDAY, AND SATURDAY AND SUNDAY SO IT JUST

[01:50:01]

COULD BE ANY EVENT OR DID THEY HAVE SOMETHING IN MIND AND MAYBE I SHOULD ASK THEM?

>> YOU SHOULD PROBABLY ASK THE APPLICANT.

I KNOW THEY HAD TALKED ABOUT DOING VARIOUS THINGS FROM RECEPTIONS TO ALSO POTENTIALLY HAVING YOGA CLASSES.

THEY'VE TALKED ABOUT SOME DIFFERENT IDEAS.

BUT FROM THE TOWN'S PERSPECTIVE, AS FAR AS THE ZONING USE, THE ASSEMBLY HALL IS THE MOST INTENSE USE THAT WOULD REQUIRE THE SUP SO ANY SMALLER GATHERING WOULD ALSO BE ALLOWED.

>> THEY COULD HAVE MORE PEOPLE JUST BY CODE AS AN ASSEMBLY OCCUPANCY.

>> I DIDN'T PERSONALLY CHECK THE OCCUPANCY REQUIREMENTS AS SOME OF IT COULD DEPEND ON HOW THEY BUILD OUT THE SITE.

IT'S CURRENTLY UNFINISHED INSIDE BECAUSE OCCUPANCY IS MEASURED DIFFERENTLY BASED ON IF YOU HAVE FIXED SEATING OR IF IT'S JUST OPEN SPACE.

THEY ARE ARTIFICIALLY ESTABLISHING THESE LIMITATIONS FOR THEMSELVES.

>> THANK YOU.

>> COUNCIL, DO YOU HAVE ANY OTHER QUESTIONS? DID YOU WANT TO ASK THAT MA'AM?

>> I'M JUST CURIOUS, MOSTLY.

>> MR. CODA.

>> GOOD EVENING COUNCIL. MY NAME IS GAUTAM RODE.

I LIVE IN LOUIS WELL FOR THE PAST 26 YEARS, I OWN THE BUILDING.

THE INTENT IS TO HAVE SMALL BIRTHDAY PARTIES, WEDDING, GRADUATION AS A LOT OF PEOPLE THAT HAVE ASKED ME FOR THAT SPACE, BUT IT WAS NOT ZONED ARE PERMITTED FOR THAT AND IT'S BEEN EMPTY FOR ABOUT TWO YEARS.

I THOUGHT IT WAS A GREAT OPPORTUNITY FOR ME TO USE ALONGSIDE WITH AN AMENITY SPACE THAT GIVES THE NEED FOR THOSE KIND OF SMALL EVENTS AND THESE ARE MOSTLY DONE INDOOR EVENTS.

>> THANK YOU. I'M REALLY JUST CURIOUS.

>> COUNCIL, DO YOU HAVE ANY OTHER QUESTIONS? THANK YOU SIR.

THE TIME IS NOW 08:50 AND I AM OPENING THE PUBLIC HEARING FOR ITEM 2 THERESA.

DO WE HAVE ANY GREEN COMMENT CARDS?

>> NO, I DO NOT.

>> IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK DURING THE PUBLIC COMMENT, PLEASE STAND UP OR RAISE YOUR HAND.

SEEING AND HEARING NONE.

THE TIME IS NOW 08:50 AND THE PUBLIC HEARING IS CLOSED.

COUNCIL FOR DISCUSSION. I'LL ENTERTAIN A MOTION.

>> I MOVE APPROVAL OF MORRIS WROTE ASSEMBLY HALL SEP AS PRESENTED.

>> SECOND.

>> WE HAVE A MOTION IN A COUPLE OF SECONDS.

IS THERE ANY DELIBERATION ON THAT MOTION? TERESA, WE HAVE A MOTION AND A SECOND. PLEASE CALL THE ROLL.

>> COUNCILMEMBER TAYLOR.

>> AYE.

>> COUNCIL MEMBER DREW.

>> AYE.

>> MAYOR PRO-TEM ENGEL.

>> AYE.

>> DEPUTY MAYOR PRO TEM MARTIN.

>> AYE.

>> COUNCILMEMBER SCHIESTEL.

>> AYE.

>> ITEM 2 SUP 23-0006 PASSES BY UNANIMOUS VOTE [BACKGROUND].

[Items F.4. & F.5.]

SO MOVING ON, WE ARE GOING TO BE OPENING ITEMS 3, IT'S CON 23-20001 FM 1171 CONSERVATION DEVELOPMENT AND ITEM NUMBER 4, THE TRP 0017 FM 1171, CONSERVATION DEVELOPMENT.

AT THE SAME TIME.

OF COURSE, WE'RE GOING TO START OFF WITH ALEXA AGAIN. GOOD EVENING.

>> GOOD EVENING. HERE IS THE GENERAL LOCATION OF THE PROPERTY.

IT IS APPROXIMATELY 148 ACRES.

HERE'S A MORE DETAILED VIEW.

CAN SEE IT IS NORTH OF CROSS TIMBERS ADJACENT TO MONTALCINO AND THAT PEPPER CREEK SUBDIVISIONS.

THE LAND USE FOR THIS AREA IS RURAL RESIDENTIAL WITHIN THE CROSS TIMBERS CONSERVATION DEVELOPMENT DISTRICT, AND THE ZONING IS PD-196, FOR AGRICULTURAL USES WITH A CONSERVATION DEVELOPMENT.

THAT'S THE PROPOSED ZONING IS THE CURRENT ZONING IS INTERIM HOLDING AN SORRY, THAT'S WEIRD.

THE OVERALL CONCEPT PLAN.

SO HERE IT SHOWS YOU THE OVERALL PLAN WITH THE BREAKDOWN OF ALL THE LOTS.

YOU CAN SEE THERE ARE 74 RESIDENTIAL LOTS THAT ARE PROPOSED WITH FIVE OPEN SPACES, TWO X-SLOTS FOR A TOTAL OF 81.

THE SMALLEST RESIDENTIAL LOT IS A LITTLE MORE THAN THREE-QUARTERS OF AN ACRE.

LARGEST RESIDENTIAL LOT, ALMOST ONE-AND-A-HALF ACRES, AVERAGE SIZE, A LITTLE LESS THAN ONE ACRE.

THE TOWN DOES HAVE A REQUIREMENT NOW FOR THERE TO BE A MINIMUM OF 25% OF THE LOTS TO BE ONE ACRE OR GREATER, AND SO THEY HAVE 37% OF THE LOTS THAT ARE GREATER THAN ONE ACRE WITH 28.

THE TOWN'S REQUIREMENTS ALSO HAVE THE APPLICANT HAVE AN ENHANCED PUBLIC OUTREACH PROGRAM.

SO THE FIRST NEIGHBORHOOD MEETING WAS ON MARCH 22ND.

THEY HAD A WORK SESSION WITH P AND Z ON AUGUST 28TH.

[01:55:04]

AND THEN THE SECOND NEIGHBORHOOD MEETING WAS AUGUST 31ST.

THEY ARE REQUESTING AN EXCEPTION FOR TOPOGRAPHICAL SLOPE.

WITH THIS APPLICATION, YOU CAN SEE THERE'S QUITE A BIT OF SLOPE THAT'S 5%-12%.

THEN ALSO A LITTLE MORE THAN 15 ACRES THAT ARE GREATER THAN 12%.

ANOTHER MODIFICATION THERE, JUST TO REVISIT THAT, WHILE P&Z DID RECOMMEND APPROVAL OF THE APPLICATION, THEY SUGGESTED A MODIFICATION TO THE DEVELOPMENT STANDARDS.

THE ORIGINAL DEVELOPMENT STANDARDS JUST STATED THAT IT WAS NECESSARY OR IT STATED THAT IT WAS RECOMMENDED TO AVOID RETAINING WALLS GREATER THAN EIGHT FEET IN HEIGHT AND SO THE MODIFICATION PROPOSED BY P&Z WOULD REQUIRE AN EXCEPTION BE APPROVED TO EXCEED EIGHT FEET IN HEIGHT FOR A RETAINING WALL.

ANOTHER MODIFICATION THAT'S BEING REQUESTED IS TO ENCROACH ON THE 200 FOOT SEEN AT CORRIDOR SETBACK ALONG CROSS TIMBERS ROAD.

THAT'S A REQUIREMENT OF THE NEW REGULATIONS THE TOWN ADOPTED FOR THE CROSS TIMBRES.

AND THEIR REASONING FOR THIS IS YOU CAN KIND OF SEE THIS RED OUTLINE HERE.

THIS IS SOME OF THE SLOPED AREA.

THEY WERE TRYING TO PREVENT ANY IMPACT TO THAT SLOPED AREA BY COMING WITHIN THE SLOPE JUST FOR THE ROAD ITSELF AND NOT PUTTING ANY RESIDENTIAL LOTS WITHIN THAT AREA, BUT THEY ARE REQUESTING TO GO WITHIN THE 200 FOOT FOR THE ACCESS ROAD THAT'S INTERIOR TO THE SUBDIVISION.

>> ALEXA AND THE PINK OUTLINED AREA IS THE 12% SLOPE AND THAT'S TRUE ON OTHER PARTS OF THIS AS WELL?

>> YES.

>> OKAY. THANK YOU.

>> HOW CLOSE OR HOW CLOSE ARE THEY TO THE ROAD? THE DISTANCE?

>> IT LOOKS LIKE IT'S RIGHT THERE.

>> OKAY.

>> SO IT'S A SMUDGE, IF YOU WILL.

>> YEAH. I'M SORRY. I DON'T HAVE. [LAUGHTER]

>> A SMUDGE.

IT'S PRETTY STEEP RIGHT THERE.

>> YES, THIS IS JUST HIT S TO SCALE.

>> IT'S QUITE STEEP RIGHT THERE.

>> THEY'RE ALSO REQUESTING SOME MODIFICATIONS TO THE DIMENSIONAL REGULATIONS.

THIS IS JUST COMPARING WITH THE EXISTING AGRICULTURAL DEVELOPMENT.

AGAIN, CLEARLY THOSE ARE TWO ACRES.

THIS WOULD BE THE MINIMUM WOULD BE THREE-QUARTERS OF AN ACRE, WHICH IS WITHIN THE TOWN STANDARDS.

THE LOT WIDTH IS THE 150 FEET THAT IS REQUIRED BY THE TOWN'S CURRENT REGULATIONS AT 150 FEET MATCHES A STATE LOT MINIMUM WIDTH.

THAT WAS WHAT THE TOWN WANTED TO SEE, AND SO THEY ARE MEETING THAT ALSO.

THEY'RE SAYING MINIMUM FLOOR AREA OF 2,100 SQUARE FEET.

THAT IS ALSO TYPICAL, 40 FEET MINIMUM FRONT YARD SETBACK TO MATCH AGRICULTURAL SETBACKS FOR THE MINIMUM SIDE YARD IN AGRICULTURAL, IT'S 25 FOOT IN A STATE, IT'S 20-FOOT.

THEY'RE MEETING 25 FOOT FOR ALL BUT NINE LOTS, WHICH ARE NOTED WITHIN THE DEVELOPMENT STANDARDS FOR THOSE NINE LOTS, THEY'RE REQUESTING TO DO 20-FOOT SIDE SETBACKS.

I'M MINIMUM REAR YARD, 20 FEET, MATCHING UP THEIR MAXIMUM LOT COVERAGE, THEY'RE REQUESTING TO GO TO 35%.

AT 35% IS A LOT COVERAGE THAT WE HAVE WITHIN SF 30.

THAT'S A LITTLE BIT CLOSER TO A THREE QUARTER OF AN ACRE LOT.

THAT'S WHAT THEY'RE REQUESTING THERE.

>> WHAT'S THE MAXIMUM LOT COVERAGE IN SIFE?

>> ITS 25%.

>> 25%, AND HOW MANY LOTS OR ONE ACRE OR MORE?

>> THERE ARE 28.

>> OKAY. SO 28 OUT OF 46.

>> THEN ANOTHER MODIFICATION THEY ARE REQUESTING IS WITHIN THE TOWN'S NEW CROSS TIMBERS GUIDELINES.

IT LISTS THE ALLOWABLE MATERIALS TO BE USED FOR SUBDIVISION ENTRYWAY SIGNS AND A METAL IS NOT LISTED AS AN ALLOWED MATERIAL BY RIGHT.

THEY WOULD LIKE TO BE ABLE TO INCORPORATE METAL INTO THEIR SUBDIVISION ENTRY.

>> DO WE KNOW HOW MUCH METAL?

>> WE DO NOT THEY DID NOT PROVIDE AN EXHIBIT FOR REVIEWED BY STAFF.

>> THAT WOULD BE HELPFUL BECAUSE I DON'T THINK IT SHOULD BE ALL METAL, BUT WE DON'T KNOW IF THAT WAS THE INTENT.

I WOULD HAVE THEM CONCERNED ABOUT THAT.

>> DO WE KNOW IF THAT WAS TO BE CONSISTENT WITH FUTURE DEVELOPMENT TO THE WEST?

>> [OVERLAPPING] I THINK YOU'D HAVE TO ASK ME OUT WITH HIM.

>> OKAY.

>> HERE ARE SOME IMAGES FROM THE SITE.

HERE IS THE CONCEPTUAL SITE PLAN.

THE SMALLER PIECES, IT'S BROKEN DOWN

[02:00:01]

INTO SECTIONS SO YOU CAN SEE A LITTLE BIT MORE OF THAT DETAIL.

HERE IS COMING UP CROSS TIMBERS AS YOU'RE FIRST DRIVING UP TO THE SITE.

YOU CAN SEE THEY ARE INCORPORATING THE TRAIL WITHIN THAT SCENE, EXCEPT BACK.

THEN HERE IS THE CONTINUATION OF THE PLAN.

HERE'S THE MAIN ENTRY TO THE SUBDIVISION.

THEY DO HAVE A COUPLE OF OTHER ACCESS POINTS THAT ARE TO THE ADJACENT NEIGHBORHOODS, BUT THEREFORE EMERGENCY ACCESS ONLY THEY'LL BE GATED, THEY WON'T BE REGULAR ENTRY OPPORTUNITIES.

THEY HAVE ALSO PROPOSED SOME AMENITIES WITHIN THE SUBDIVISION.

THEY'VE PROVIDED SOME STANDARDS WITHIN THE DEVELOPMENT STANDARDS FOR WHAT THOSE WOULD HAVE TO BE THERE'S A PLAYGROUND AND AN OUTLOOK AREA.

IN ADDITION TO SOME OF THESE MORE INTERNAL TRAILS, THEY'RE NOT REQUIRED BY THE TOWN'S ORDINANCE.

HERE'S THE CONTINUATION OF THE PLAN.

YOU CAN SEE TRAILS CONTINUING AROUND THE SITE.

THIS IS THE FLOODPLAIN AREA WITHIN THE DASHED LINE? NO. THAT'S THE FLOW OF JASMINE.

THE FLOODPLAIN AREAS SEPARATELY.

THEY ARE NOT TOUCHING THE FLOODPLAIN AREA.

THEN HERE'S THE VERY TOP.

HERE'S THE CONCEPTUAL LANDSCAPE PLAN.

AGAIN, YOU CAN SEE THE TREES LANDSCAPING BEING PLANTED WITHIN THE LANDSCAPE BUFFER.

IT'S CONTINUING THERE.

THESE ARE TREES THAT ARE BEING MAINTAINED.

THEN HERE'S THE OPEN SPACE PLAN.

THE ECC DID RECOMMEND APPROVAL OF THE PROPOSED OPEN SPACE PLAN.

THEY'VE BROKEN DOWN INTO WOODED, NATURAL OPEN SPACE, NATIVE OPEN SPACE, TRANSITION OPEN SPACE, AND ESTATE OPEN SPACE.

WITH THE LARGEST PERCENTAGE BEING THE WOODED NATURAL OPEN SPACE WHERE THE TREES WILL BE PRESERVED.

SEE HERE'S THE NEXT SECTION. THEN TREE SURVEY.

THERE ARE 135, I BELIEVE, SPECIMEN TREES ON THE SITE.

THEY RECOMMENDED OR THEY REQUESTED PERMISSION TO REMOVE 18 OF THEM.

ECC GRANTED APPROVAL FOR 14 OF THEM.

ON THE LEFT-HAND SIDE THERE, IT HAS THE FULL TREE SURVEY WITH THE TREES THAT WOULD BE REMOVED, IDENTIFIED IN RED, AND THEN BLEW IT UP HERE ON THE RIGHT SO YOU CAN SEE WHICH ARE THE TREES THAT WERE RECOMMENDED FOR DENIAL BY ECC.

YOU CAN SEE THIS IS A BLOW-UP OF THIS AREA.

THAT'S THERE ARE TWO TREES HERE AND THEN THIS OTHER TREE HERE, THE ECC RECOMMENDED DENIAL OF.

I WILL SAY FROM STAFF'S PERSPECTIVE, IF THESE LOTS ARE BUILT, WHAT WE THINK THE TREATS ARE NOT LIKELY TO MAKE IT.

I MEAN, IT'S GREAT IF THE APPLICANT DOES TRY TO SAVE THEM AND NOTHING PREVENTING THEM FROM DOING THAT, BUT THE TOWN STAFF DID NOT BELIEVE THAT THESE WOULD BE SAVED.

>> IS THAT DUE TO GRADING?

>> YES.

>> ESPECIALLY WITH THE TOPPER WITH THAT AND THERE IS OUT THERE.

>> THEN ONE MORE IS HERE, IS THIS ONE.

>> IF THEY'RE NOT SAVED, LEXON, OR IF WE DON'T GIVE APPROVAL FOR REMOVAL AND THEN THEY DIE, ARE THERE ANY CONSEQUENCES TO THAT?

>> YES.

>> WHAT HAPPENS?

>> THERE ARE PENALTIES FOR IF THE TREES DIES THAT WAS REQUIRED TO BE SAVED, MITIGATION PENALTY.

>> IS MORE SEVERE THAN THE FEE THAT THEY WOULD HAVE TO PAY IF IT WERE APPROVED?

>> YES.

>> OKAY.

>> WE DO HAVE MATT WOODS IN THE HOUSE, DIRECTOR OF ENVIRONMENTAL SERVICES.

>> THAT'S RIGHT.

>> IF YOU WANTED TO [OVERLAPPING] PROVIDE SOME CLARIFICATION ON THAT.

>> MATT CAN ANSWER MORE QUESTIONS.

>> HE'S HUNG OUT HERE SINCE NINE O'CLOCK.

>> SINCE YOU'VE BEEN HERE, IT'S NINE O'CLOCK, I KNOW YOU'VE BEEN ITCHING TO SPEAK.

>> WELL, I APPRECIATE THAT.

>> ALL THE PEOPLE WATCHING AT HOME.

>> CERTAINLY. THAT WHAT'S ENVIRONMENTAL SERVICES.

THERE IS A PENALTY.

IF THE TREE IS DESIGNATED FOR PRESERVATION, THERE'S CONSTRUCTION ACTIVITIES OR SOMETHING THEY DO TO IMPACT THE TREE AND IT DIES, THEY WOULD PAY A SUBSTANTIAL PENALTY.

>> OKAY.

>> IT'S AN UNAUTHORIZED REMOVAL PENALTY.

IT COULD BE UP TO TEN TIMES THE SIZE OF THE [INAUDIBLE] THE TREE.

>> OKAY.

>> BUT WHO WOULD PAY THAT? I MEAN, IF THEY BUILD THE LOT AND THE RESIDENT MOVES IN AND THEN THE TREE DIES, THE RESIDENT WOULD PAY?

>> NO, IT'S THE CONTRACTOR OR BUILDER OR DEVELOPER, DEPENDING ON WHAT PHASE IT HAPPENS IN.

[02:05:02]

>> BUT HOW LONG A WINDOW DO YOU HAVE FOR THAT? BECAUSE IF IT'S FIVE YEARS DOWN THE ROAD AND THE TREE DIES BECAUSE WE'VE STARVED IT TO DEATH OR WHATEVER.

>> THAT'S A CHALLENGE. BUT WHAT WE WOULD DO, WE IDENTIFY DURING THE CONSTRUCTION PHASE, DO THEY HAVE THEIR PROTECTIONS UP? DID THEY DO SOMETHING WHERE THEY IMPACTED IT? DID THEY TAKE THE FENCE DOWN? DID THEY HAVE GRADING UNDER THERE? DID THEY PUT A BUNCH OF FELL UNDER THE TREE? WE WOULD JUST DOCUMENT THAT.

YES, THERE COULD BE A CHALLENGE FOR FIVE YEARS DOWN THE ROAD, THE TREE MAY DIE.

BUT IF WE DIDN'T DOCUMENT SOMETHING, THERE WOULD BE NO PENALTY AND IT'D BE HONESTLY, IT'D BE TOO HARD TO ENFORCE THAT UNLESS THERE WAS SOMETHING EGREGIOUS THAT WAS DONE TO THE TREE. [OVERLAPPING]

>> PRESUMABLY IF A TREE MADE IT.

I MEAN, THEY BRING GREAT BENEFIT TO A HOMEOWNER, IN MY OPINION.

I THINK MOST PEOPLE WOULD AGREE, ESPECIALLY IF IT'S NOT IN AN AREA WHERE THEY WANTED TO BUILD.

HOPEFULLY THEY WOULD CARE FOR IT AFTERWARDS AND NOT JUST LET IT GO.

BUT I DID HAVE ANOTHER QUESTION.

THIS HAS BEEN A VERY TOUGH FEW YEARS FOR TREES AND WE CAN LOOK OUT AND WE CAN SEE SO MANY THAT APPEAR TO HAVE DIED FROM THE DROUGHT AND THE HEAT THIS YEAR.

DO WE KNOW FOR CERTAIN RECENT SURVEY THAT SAYS THESE ARE ALL IN PRETTY GOOD SHAPE?

>> THEY WERE ASSESSED ON THE TREE SURVEY WHETHER THEY'RE IN GOOD CONDITION OR FAIR CONDITION.

ANY TREE THAT'S DESIGNATED FOR PRESERVATION WOULD BE GOOD OR FAIR.

>> BUT I'M SORRY. MY QUESTION WAS, WHEN DID WE DO THIS TREE SURVEY? BECAUSE I COULDN'T SEE OR REMEMBER. [OVERLAPPING]

>> WITHIN THE PAST YEAR THE APPLICANT COULD PROBABLY ANSWER THE EXACT DATE. [OVERLAPPING]

>> BECAUSE I JUST WONDER SOMETIMES, WITHIN THE PAST YEAR, IF WE HAVEN'T DONE A RESURVEY OR RE-INFECTION, SOME OF THESE MIGHT NOT BE HEALTHY ANYMORE.

>> WE VERIFIED IT RELATIVELY RECENTLY.

>> YOU DID OKAY. [OVERLAPPING]

>> WE DID THE SURVEY, BUT JIMMY HOFFA WENT OUT THERE AND IDENTIFY THE TREES WITH THEM PAST FEW MONTHS.

>> OKAY.

>> HE'S ON THE SITE AND WALK THE SITE.

>> GOOD. THANK YOU.

>> FOR THE TREES THAT ECC DENIED THEIR REMOVAL, SO ARE ANY OF THOSE LOTS CONSERVATIVE THEN UNBELIEVABLE OR ARE THEY JUST IT LOOKS TO ME LIKE THEY WERE ON THE SIDES OF THE LOTS AND WERE PROBABLY REQUESTED JUST TO MEET THE CONSTRUCTION EASIER?

>> WITH THE ONE THAT'S OVER HERE 2632, IT'S ACTUALLY IN AN X LOT.

THAT'S AN UNBUILDABLE LOT.

BUT THERE'S A POTENTIAL, THERE'S A POTENTIAL FOR A UTILITY EASEMENT AND GRADING TO AFFECT THIS TREE.

THEY'RE JUST ASKING FOR THE REMOVAL AS A PRECAUTION.

IF THEY HAVE TO DO GRADING IN ANY WORK UNDER THE TREE, IT WOULD BE IMPACTED, BUT THAT WOULD NOT BE AFFECTED BY THE BUILDABLE LOT ASPECT BECAUSE IT'S AT X SLOT.

THE OTHER TREES, 1274 AND 1275 THOSE ARE ON OUR RESIDENTIAL LOT.

WITH THE DRAINAGE GOING FROM THROUGH HERE ON THE SIDE YARD AND THE IMPACT OF THE CANOPY INTO THE LOT THAT THOSE WE SEE AS A CHALLENGE.

>> OKAY.

>> AS WELL AS THE OTHER TREE NUMBER 10 DOWN HERE, THAT WOULD BE, THEY COULD TRY TO WORK AROUND IT.

BUT WITH A CANOPY EXTENT AND THE CRITICAL ROOT ZONE IN HERE, WHEN YOU BENCH THE PAD, IT'S GOING TO BE A CHALLENGE.

>> COUNCIL, ANY OTHER COMMENTS OR QUESTIONS?

>> DO WE HAVE ANY IMAGES WITH THE LOTS AND THE EXCEPTION FOR LEVELING THEM, THE GREAT EXCEPTION, JUST TO SEE HOW EACH LOT IS GOING TO BE LEVELED OUT AND WHAT IT LOOKS LIKE THERE NOW? [OVERLAPPING]

>> THEY DON'T HAVE THAT YET. THEY DON'T DO THAT UNTIL THE TIME OF THE SUBDIVISION SITE PLAN.

>> YEAH.

>> THAT'S WHY WE HAD PUT THAT EXCEPTION REQUEST FOR ANY RETAINING WALL OVER A CERTAIN HEIGHT AT THE TIME OF SUBDIVISION SITE PLAN BECAUSE THAT'S WHEN THEY DO THE FULL GRADING PLAN AND THEY FIGURE OUT WHERE THEY'RE GOING TO BENCH THE PADS.

THAT'S WHEN THEY'LL KNOW THE FULL EXTENT OF WHAT GRADING WILL NEED TO OCCUR.

WE JUST DON'T KNOW IT YET.

>> BECAUSE THERE'S A LOT OF GRADE ON THIS THIS AREA, 21171 DIPS DOWN.

>> YEAH.

>> OKAY.

>> YEAH.

>> HERE IS THE OVERALL CONCEPT PLAN AGAIN.

AGAIN, THEY'RE AT A LITTLE OVER 45% OPEN SPACE TOTAL.

I THINK WE ALREADY TALKED ABOUT ALL THE OTHER NUMBERS.

I'D BE HAPPY TO ANSWER ANY OTHER QUESTIONS AND THE APPLICANT ALSO HAS A PRESENTATION.

>> COUNCIL. DO YOU HAVE ANY OTHER QUESTIONS FOR STAFF? THEN WE'LL TURN IT OVER TO MS. RANDY RIVERA AND JAMISON PINSON FROM MCADAMS. GOOD EVENING.

>> GOOD EVENING. RANDY RIVERA, AND JAMISON, PINSON IS HERE AS WELL.

PATRICIA FANT OUR LAND PLANNER FOR THE PROJECT MARISSA BREWER.

[02:10:02]

GREER MCDOWELL FROM HEINZ THE DEVELOPER IS ALSO WITH US TONIGHT.

I THINK OUR FIRST APPLICATION WAS MADE IN APRIL, AND WE'VE BEEN WORKING THROUGH THIS OVER THE COURSE OF THAT TIME PERIOD WITH A LOT OF INPUT FROM THE NEIGHBORHOOD.

I WANT TO TALK ABOUT THAT INPUT AND HOW IT INFORMED THE PLAN BECAUSE WE WERE ABLE TO MAKE CHANGES AFTER THAT.

YES, THE SITE WE ALL KNOW WE DRIVE BY, THEY'RE GOING OUT WEST ARE COMING IN FROM THE WEST.

IT'S BEAUTIFUL. LOT OF TERRAIN.

WHEN WE LOOK AT THIS FROM A BLANK CANVAS, WHERE DO WE NEED TO REALLY CONCENTRATE PRESERVATION? WHERE CAN IT BE MAXIMIZED.

WHAT'S THE MOST IMPORTANT THING? HOW DOES IT MEET TOWN GOALS? HOW DOES IT MEET OUR CLIENTS GOALS? IT HAS TO BE A VIABLE PROJECT AS WELL.

IT IS DEFINITELY A BALANCING ACT TO WORK WITH ALL THOSE CONDITIONS TO MAKE A GREAT PLAN.

STARTING WITH THE TOP OF THE HILL, THE 660 AND THE VIEW LOOKING, IF YOU'RE 1171 LOOKING UP, WE KNOW WHAT THAT LOOKS LIKE, WE LIKE SEEING IT.

WE IDENTIFY THAT EARLY ON IN THE PLANNING PROCESS AS AN AREA TO BE PRESERVED.

THERE'S THIS EXISTING DRIVE THAT HAS CONCRETE APRON ON IT RIGHT HERE.

YOU CAN SEE IT WHEN YOU'RE DRIVING PAST THEIR GOAL, GOES INTO THAT HILL.

YOU CAN SEE AN OLD DRIVE WAS THERE WASHED OUT A LITTLE BIT.

PHOTO NUMBER 2, AGAIN FROM 1171, LOOKING BACK INTO THE PROPERTY AND THEN THREE IS WHERE IT'S ADJACENT TO PEPPER CREEK.

THEN LOOKING FROM PEPPER CREEK UP THE HILL WHERE THE SPLIT RAIL FENCES.

AGAIN, BEAUTIFUL PIECE OF PROPERTY AND WE HAVE LOTS OF THINGS TO WORK AROUND.

IT WAS A CHALLENGING SITE.

THAT'S WHY WE GET THE BEST LAND PLANNERS IN THE AREA TO BE ABLE TO WORK ON THAT.

IN ADDITION, THE NEW UPDATES TO THE CLUSTER ORDINANCE.

WE WERE HAPPY TO REALLY ONE OF THE FIRST ONES TO MAKE THE APPLICATION THAT COMPLIES WITH THAT, AND THEN NEW GOALS AND PARAMETERS THAT IT HAS ESTABLISHED.

I KNOW STAFF AND COUNCIL WORKED REALLY HARD TO CREATE SOME GOALS THAT REALLY HELP MAXIMIZE PRESERVATION.

MEETING SOME DEVELOPERS HALFWAY ON HOW THINGS CAN WORK.

BUT WHAT'S IMPORTANT WE'RE SEEING IT CORRIDORS, CONNECTIVITY, THE OPEN SPACE, WHAT COUNTS AS OPEN SPACE.

THAT WAS SOMETHING THAT CAME OUT OF THIS.

THE CLARIFICATION TO THAT WAS HELPFUL.

STAFF WORKED WITH US.

WE HAD QUITE A FEW QUESTIONS JUST WORKING THROUGH MAKING SURE WE UNDERSTOOD THE INTENT OF THESE NEW CONDITIONS.

WE'RE VERY EXCITED TO PRESENT WHAT WE BELIEVE IS A GREAT PLAN THAT ADHERES TO MANY OF THESE FEATURES.

OVERVIEW OF THE CONCEPT PLAN.

LEXICON ALSO HIGHLIGHTED THESE WANTED TO SHOW IN A RENDER WHAT THE PLAN LOOKS LIKE AS WELL HERE ON THE RIGHT.

BUT WE WANTED TO GET OUT THERE AND SURVEY ALL THE SPECIMEN TREES.

WE DID SURVEY THEM OVER THE SUMMER AND IDENTIFYING THOSE 138 TREES.

WHERE SHOULD WE CONCENTRATE OPEN SPACE TO PRESERVE SLOPE AREAS AND DRAINAGE AREAS, CONNECTIVITY AND THINGS LIKE THAT? HOW DOES THE OPEN SPACE WORK TOGETHER AND WITH MONTALCINO AND PEPPER CREEK? BECAUSE THERE IS A PLANNED AND INTENTIONAL CONNECTIONS OF OPEN SPACE CORRIDORS TO GET TO HELP WITH CREATING OPEN SPACE LINKAGES TO THE CORPS OF ENGINEERS PROPERTY HERE THAT EVENTUALLY GOES OUT TO GRAPEVINE.

WE DO HAVE 67 ACRES OF OPEN SPACE SAVING 87% OF SPECIMEN TREES, I WILL SAY WHEN WE FIRST STARTED THE PLAN, IN APRIL, THAT PERCENTAGE WAS NOT THAT HIGH.

AS WE'VE BEEN THROUGH THE LAST SEVERAL SUBMITTALS AND NEIGHBORHOOD MEETING, WE WERE ABLE TO INCREASE IT TO WHAT WE BELIEVE IS THE MAXIMUM AMOUNT OF TREES THAT CAN BE SAVED.

WE CAN TALK THROUGH THAT, I MEAN, JAMISON.

THE 200 FOOT BUFFER, I WANT TO TALK ABOUT THAT HERE IN A LITTLE BIT OF THE DECISIONS THAT WE HAD TO FACE AND WHY WE DID WHAT WE DID.

BECAUSE WE ARE PROPOSING A ROADWAY WITHIN THAT.

THEN BEING ABLE TO PROVIDE FOR 28 LOTS OVER ONE ACRE AND STILL MEET THE 45% OPEN SPACE, BUT HAVE AS MANY ONE-ACRE LOTS AS WE CAN POSSIBLY FIT ON THE PROPERTY.

PRESERVING SCENIC VISTAS AS YOU'RE DRIVING DOWN 1171 FROM EITHER DIRECTION.

THEN WHAT WILL THE VIEWS BE LIKE ON THE PROPERTY?

[02:15:03]

THIS IS NOT A GATED CLUSTER SUBDIVISION LIKE THE OTHER ONES IN THE AREA SO THAT IT WILL BE DIFFERENT.

THERE WE'LL GO THROUGH SOME OF THESE WALKING TRAILS AND DIFFERENT PEDESTRIAN EXPERIENCES.

WHAT ARE THE VIEWS THAT THE RESIDENTS ARE GOING TO HAVE WHEN THEY'RE SITTING IN THEIR LIVING ROOM LOOKING OUT OR ON THEIR BACK PATIO? THEN AS YOU'RE WALKING DOWN THE STREETS OR THESE TRAILS? THEN DOING THE EXTENDING EXISTING TRAILS, WE HAVE THE TRAIL FROM MONTALCINO AND PEPPER CREEK AND HOW WE BRING THOSE ACROSS THIS PROPERTY AND NAVIGATE THROUGH THERE.

THIS IS BRINGING YOU IN A LITTLE BIT OF INTO OUR DESIGN AND THOUGHT PROCESS.

AGAIN, WHEN WE'RE STARTING WITH THIS BLANK CANVAS.

JAMISON'S INCREDIBLY TALENTED, HE WAS ABLE TO PUT THIS IN A MODEL AND BUILD UP THE TERRAIN SO WE KNOW WHAT WE'RE LOOKING AT.

THIS TOP RIGHT PICTURE, I THINK DOES AN EXCELLENT JOB OF SHOWING THE 600 ELEVATION.

THAT'S THE HIGHEST SPOT ON THE PROPERTY.

IT HAPPENS TO BE RIGHT WHERE THE ENTRANCE NEEDS TO BE IN ORDER TO TRY TO GET THE MEETING OPENING THERE AND HAVE AS MUCH VISIBILITY FOR MOTORISTS WHEN THEY'RE COMING OUT ON 1171.

THE OUTSIDE OF THIS CURVE, GIVES ENHANCED VISIBILITY COMING OUT ONTO THAT ROADWAY BECAUSE WE DO KNOW SPEEDS TEND TO INCREASE AS YOU'RE COMING DOWN HILL.

BUT WHEN WE DO THAT, THEN IT CREATES THIS FABULOUS OPPORTUNITY TO USE THIS STEEP AREA AS A BACKDROP INTO THE ENTRANCE.

THAT REALLY GIVES A LOT OF CHARACTER THAT WE DON'T SEE IN A LOT OF OUR NEIGHBORHOODS BECAUSE THEY DON'T HAVE THIS TYPE OF TERRAIN.

THEN MAKING A DECISION OF, WELL, WE NEED TO GO AROUND THIS HILL.

WE SPLIT THAT AND GO RIGHT OR LEFT AND BE ABLE TO LOOP IT BACK.

YOU CAN SEE THE TREE CLUSTERS FROM THE AERIAL AND THEN WHERE THERE AREN'T AS MANY TREES WE DO HAVE THAT 200 FOOT BUFFER UPFRONT AND IT JUST HAPPENS THERE'S NOT VERY MANY TREES THERE.

BUT WE'RE GOING TO PUT SOME, I'LL SHOW YOU THAT LANDSCAPE PLAN.

THE CREEK IS IN THE FOREGROUND OF THIS PICTURE.

THE CORPS OF ENGINEERS, FLOWAGE EASEMENT, FLOODPLAIN, ALL OF IT.

THAT'S WHY YOU WON'T SEE LOTS LINING UP COMPLETELY AGAINST THIS CREEK BECAUSE WE WANTED THESE OPEN SPACE CORRIDORS TO HAVE POCKETS OF CONNECTION THROUGH THERE TO HELP WITH DRAINAGE.

THESE ARE STATES STREETS.

WE'RE GOING TO HAVE BAR DITCHES, SO IT'LL HELP CONVEY THE WATER THERE AS WELL SO WE'RE GOING TO DESIGN IN A WAY THAT COLLECTS HERE.

ONE THING I THINK IS NEAT ON THIS, YOU CAN SEE THE RED IS WHERE WE'RE CUTTING INTO THE TERRAIN, AND THE BLUE IS WHERE THERE'LL BE A LITTLE BIT OF FILL.

I THINK THAT HELPS SEE SOME OF THE MODELING THAT TAKES PLACE TO GIVE THE PRELIMINARY IDEAS.

ALSO IN THIS PICTURE, I THINK THIS ONE SHOWS MONTALCINO, THE STEP-OUT ROAD WITH A EMERGENCY GATE THAT WE WOULD TIE INTO THEIR, ONLY FOR EMERGENCIES.

PEPPER CREEK ALSO HAS ONE IN THIS AREA.

THE ARRANGEMENT OF THE LOTS WAS IMPORTANT TO CREATE THOSE NEIGHBORHOOD TYPE POCKETS.

I THINK A LOT OF THE OTHER CLUSTER PROJECTS HAVE DONE THIS TOO.

IT'S BEEN I THINK, A HIGHLY DESIRABLE ATTRIBUTE FOR HIGH-END HOMES AND FUTURE HOMEOWNERS.

BUT WE'RE TRYING TO MAXIMIZE THE NUMBER OF LOTS THAT ARE ADJACENT TO OPEN SPACE.

YOU'LL SEE OPEN SPACE WRAPPING AROUND SEVERAL OF THE LOTS.

LOOKING AT THIS CONCEPT PLAN, JUST BLOWN IT UP AND SHOWING THE NORTH PART AND THE SOUTH PART, [NOISE] THERE'S SOMETHING IN MY THROAT.

JUST A LITTLE BIT MORE DETAIL. I'M ZOOMING IN THERE.

THE LOT STANDARDS LEXICON ALSO HIGHLIGHTED THIS SO WE BLEW UP THIS AREA TO SHOW TRYING TO MEET AS MANY OF THE SLP FOR A LOT COVERAGE.

[NOISE] I'M SORRY, GUYS.

[NOISE] EXCUSE ME.

HAVING THE MINIMUM LOT AREA BE WHAT IT IS IS ALLOWED.

BUT AGAIN, WE'RE EXCEEDING THAT WITH SEVERAL OF THE LOTS.

THEN THE NINE LOTS THAT ARE AT THE 20 FOOT SETBACK, THAT WAS SOMETHING THAT CAME OUT OF OUR P&Z WORK SESSION.

ORIGINALLY, WE HAD ALL LOTS HAVE THE 25 FOOT SIDE YARD.

THE SIDE HAS BEEN AS WE'VE GONE THROUGH THIS COLLABORATIVE PROCESS, LINES HAVE BEEN SLIDING AND ADJUSTING TO MEET A LOT OF THE INPUT THAT WE RECEIVED.

WE RECOGNIZED THAT WE HAD ROOM TO PUT THE 25 FOOT SETBACK ON SEVERAL LOTS.

THE ONES THAT HAVE THE 20 FEET THEY ARE AT THE LOT MINIMUM BASED ON THE DESIGN, SO WE TRY TO MINIMIZE THAT AS MUCH AS POSSIBLE. THE SUBDIVISION ENTRANCE,

[02:20:04]

SCENIC VISTAS ARE CRITICAL IN THE CROSS TIMBERS.

REALLY EVERYWHERE IN TOWN, BUT ESPECIALLY IN THIS CROSS TIMBERS.

HOW ARE WE GOING TO HAVE THIS ENTRANCE COMING IN TO ADHERE TO THIS RULE ATMOSPHERE AND EXTENDED AS WE'RE COMING INTO REALLY THIS FIRST RANCH AREA NOW TO 377.

AGAIN, LOOKING AT WHERE THE ENTRY POINT NEEDED TO REALLY BE LOCATED BASED ON WHAT I HAD MENTIONED BEFORE, THIS DASHED LINE IS THE 200 FOOT SETBACK.

THIS ROAD GOES IN THIS MEDIAN, DIVIDED ENTRY IS ABOUT 80 ISH FEET.

THERE'S A LITTLE BIT OF 10 FEET IN FRONT, SO IT'S PROBABLY MORE LIKE 110 FEET TO THIS POINT, AND THEN 200 THERE.

YOU CAN SEE THESE WHITE DASH OR WHITE SOLID LINES ON HERE ARE THE CONTOURS THAT TURQUOISE AREAS, THE AREA THAT'S OVER 12%.

THEN WE COME IN, THE HILLS RIGHT HERE, WE GO RIGHT OR LEFT BECAUSE WE NEEDED TO GET ACCESS OVER TO THIS EAST SIDE AND CAN HAVE COLD AIR SACS THAT EXCEEDS 600 FEET IN LENGTH SO WE HAVE TO HAVE THIS LOOP THAT GOES BACK AROUND.

BUT THERE ARE EXISTING TREES IN THIS AREA ON THE TREE MAP AERIAL AND I CAN SHOW YOU THAT.

THE DECISION OF WELL, THIS ROAD, WE DON'T PUSH IT FURTHER NORTH BECAUSE OF THE SLOPES AND THEN AS WE GO SOUTH, WE WANT TO GET TO THE 200 BUT THEN WE LOOKED AT WHERE THESE TREES ARE.

WELL, IF WE DIP IT BACK, WE WERE ABLE TO SAVE MORE OF THESE THIS TREE STAND AND NOT PUT LOTS IN THAT AREA.

IT WAS A DECISION OF WHICH SHOULD WE IMPACT? WE FEEL LIKE WE CAN BUFFER THIS ROAD EFFECTIVELY TO PRESERVE THE SCENIC BUFFER OR THE STATE SCENIC VISTA ON 1171, THERE'S EVEN A TERRAIN CHANGE AND I'LL SHOW YOU THAT HERE IN JUST A SECOND.

THAT HELPS PROVIDE MORE SEPARATION.

HERE'S AN ENHANCED RENDERING OF THE ENTRY AS YOU COME IN, THE SIGNAGE IS IN THE BACKDROP IS THE HILL BEHIND IT.

WE USED THE WORD HERITAGE THAT WE DON'T HAVE A NAME FOR THE SUBDIVISION YET, BUT THAT'S THE WORD THAT'S USED THERE IS JUST AN EXAMPLE NAME, BUT SOME FORMAL LANDSCAPING HERE TO MEET THE ENTRY REQUIREMENTS AND THEN MASONRY COLUMNS WITH THE SPLIT RAIL FENCE.

THEN YOU SEE HOW THE EQUESTRIAN TRAIL COMES IN AND REALLY INTERACTS WITH THE 12 FOOT TRAIL RIGHT HERE ALONG THIS MEDIAN, AND THEN IT PULLS BACK AWAY SO THERE'S A VARIETY OF CURVILINEAR NATURE TO BOTH TRAIL SYSTEMS. THEY COME TOGETHER AND THEY PULL AWAY AND THEY COME TOGETHER AND THEY'RE SEPARATED BY THE SPLIT RAIL FENCE MOST OF THE TIME.

THIS VIEW, I'M PULLING BACK A LITTLE BIT AND YOU CAN SEE HOW THIS IS THE PROPOSED MEETING OPENING AND THEN THIS WOULD GO UPHILL.

I BELIEVE WHEN WE LOOKED AT IT BEFORE, IT WAS ALMOST LIKE A 20 OR SO FOOT, MAYBE LESS, PROBABLY 15, SOMEWHERE IN THAT RANGE AND JAMISON IS OUR GRADIENT EXPERTS SO HE CAN TOUCH ON IT TO, WHERE WE ARE COMING UP HILL IN THIS AREA.

AS THIS ROAD COMES BACK TO THE RIGHT OR LEFT, YOU CAN SEE HOW BECAUSE THERE IS A DIFFERENCE IN THE TERRAIN OF WHERE THE ELEVATION IS TODAY FOR 1171 AND WHERE THE PROPOSED ELEVATION IS FOR THE RESIDENTIAL ROAD, THERE WILL BE A GREAT DIFFERENCE.

WHEN YOU'RE DRIVING OUT 1171, YOU WON'T BE LOOKING DOWN AT THE ROAD AND IT WON'T BE THE GOVERNOR ROADS OR THE SLIP ROADS THAT WE SEE ON MORRIS WHERE THEY'RE RUNNING PARALLEL RIGHT UP NEXT TO MORRIS, THERE WILL BE A GREAT DIFFERENCE AND IT WILL BE UPHILL.

THAT ROAD WILL BE FURTHER UPHILL SO YOU WON'T REALLY SEE IT AS MUCH AS YOU WOULD IF IT WAS MORE FLAT.

THAT IS A BENEFIT AND WE CAN USE THAT TO OUR ADVANTAGE AND PUT SOME LANDSCAPING IN FRONT OF THAT AS WELL TO PROVIDE FOR ADDITIONAL BUFFERING.

ANOTHER VIEW OF THE ENTRANCE WITH THIS BACKDROP OF THIS BEAUTIFUL HILL IN THE BACKGROUND.

THEN HERE'S, I THINK THIS IS LOOKING MAYBE NORTHWEST A LITTLE BIT.

YOU CAN SEE GOING UPHILL DIRECTION AND HOW MUCH HIGHER THIS ROAD IS UP HERE COMPARED TO 1171.

THEN THE PLAN VIEW OF THAT, THIS IS WHERE EVERYTHING COMES TOGETHER SO IT'S REALLY NEED TO SEE THE RELATIONSHIP OF ALL THE MOBILITY SYSTEMS COMING TOGETHER HERE.

THERE'S A WHOLE CORRIDOR, THE WHOLE SCENIC VISTA LOOKING TOWARDS THE EAST.

AGAIN, YOU CAN SEE THAT 12 FOOT TRAIL, THE TREES AND PLANTINGS IN FRONT OF IT THROUGHOUT THE CORRIDOR AND THIS IS LOOKING BACK AGAIN TO THE WEST AND HOW WE'RE DOING THESE PROPOSED LANDSCAPING IN FRONT OF THAT STREET TO HELP PROVIDE MORE SCREENING.

[02:25:04]

I BELIEVE THE LANDSCAPE BUFFER IS 50 FEET OR EXTENDING THAT AND DOING MORE THAN 50 FEET BECAUSE WE DO HAVE EXTRA SPACE THERE AND TO PROVIDE MORE SCREENING BETWEEN THE RESIDENTIAL STREET AND 1171.

THEN THE 12-FOOT TRAIL, SO THE EQUESTRIAN TRAIL CONTINUES TO GO DOWN TO THE CORE AND THEN THE 12TH FOOT TRAIL WOULD COME UP TO 1171 TO CROSSOVER WITH THAT BRIDGE AND THEN THERE'LL BE A CONNECTION OVER TO FIRST RANCH AND EXTENDING IT OUT THAT WAY.

HERE'S THE HIGHLIGHTED MAP SHOWING THE DIFFERENT TRAIL SYSTEMS AND HOW MUCH OF THE TRAIL SYSTEMS WE HAVE.

WE HAVE TO EXTEND THE 12-FOOT FROM PEPPER CREEK, THE EQUESTRIAN TRAIL FROM PEPPER CREEK AND THIS YELLOW IS THE EQUESTRIAN TRAIL.

IT CREATES THE NICE LOOP FROM MOTTLED GENO DOWN THROUGH THE FLOODPLAIN, IN AND OUT, REALLY THE FLOODPLAIN BEHIND THESE LOGS AND THEN COMING BACK AROUND TO GET BACK TO THIS AREA HERE.

THEN THE PINK ONES ARE THE NATURE TRAILS THAT ALLOW FOLKS TO BE ABLE TO WALK IN THROUGH THESE OPEN SPACE CORRIDORS THAT COUNT AS OPEN SPACE, WE HAD THAT MINIMUM WIDTH REQUIREMENT OF 40 FEET TO BE ABLE TO DO THAT.

IT CREATES FOR A LOT OF DIFFERENT LOOPS FOR PEOPLE TO WALK AND JUST HOW WE'RE LOOKING AT ABOUT 13,000 FEET OF TRAILS AND SIDEWALKS IN THIS COMMUNITY, WHICH IS A LOT.

I DON'T KNOW IF WE HAVE ANOTHER CLUSTER DEVELOPMENT THAT HAS THAT MANY.

THEN THE NATURE TRAIL IS THIS TURQUOISE COLOR.

LET'S ZOOM INTO THOSE THREE AREAS.

YOU HAVE BEEN ABLE TO PRESERVE THAT HIGH POINT ON TOP OF THE HILL ALLOWS FOR US A LITTLE BIT FURTHER BEHIND THE TREES TO BE ABLE TO PROVIDE SOME AMENITIES FOR THE RESIDENTS.

IT'S CENTRALLY LOCATED, WHICH MAKES IT IDEAL FOR EVERYTHING TO CONVERGE FROM THAT AREA.

PLAYGROUNDS AND OTHER AMENITIES WALKING THROUGH THERE AND WE HAVE THESE TRAILS SHOWN ON THIS PLAN.

AS WE GO THROUGH THE NEXT STAGE OF DESIGN, WANTED TO WORK WITH A TERRAIN AS MUCH AS POSSIBLE TO MINIMIZE IMPACT THERE AS WELL.

GOING TO THE PARKS BOARD [NOISE] ON THE SEVENTH.

THEY MADE THE RECOMMENDATION OF APPROVAL TO ACCEPT THE CASH IN LIEU OF AND THEN JAMISON PRESENTED WE PRESENTED AT THE ECC BOARD LAST MONTH, AND LEXCEN DID A GOOD JOB OF EXPLAINING THOSE FOUR TREES THAT ARE HERE ON THIS PLAN AS WELL.

WE HAVE LOOKED AT BEING ABLE TO PUT A BUILDING PAD ON THIS LOT, AND IT DOES APPEAR THAT WE BELIEVE THAT TREE WILL PROBABLY COME OUT, BUT THERE IS A CHANCE THAT IT CAN BE SAVED IF THE BUILDING PAD WAS SHIFTED BACK FURTHER, BUT WE'LL HAVE TO MAKE THAT DETERMINATION WHEN WE DO THE FINAL GRADING PLANS, WHICH IS THE NEXT STAGE.

THE OPEN SPACE MANAGEMENT PLAN.

THIS IS JUST BLOWING UP THE DIFFERENT SECTIONS.

STILL SUBJECT TO ANNUAL REVIEW AND EACH OF THESE AREAS ARE MAINTAINED IN A SPECIFIC WAY TO ENSURE THAT WE'RE PRESERVING THE OPEN SPACE AREAS IN ACCORDANCE WITH THE CLUSTER REQUIREMENTS.

THEN THE TREE SURVEY NORTH HALF AND THE SOUTH HALF, ARE SHOWN ON HERE. LEXCEN WENT OVER THAT.

I DO WANT TO POINT OUT AT ONE POINT WE HAD THIS ROAD RIGHT HERE ON MY MOUSE COMING THROUGH THIS WAY.

THAT WAS ONE WAY WE WERE ABLE TO SAVE TREES, WE CHANGED UP THIS INTERSECTION, AND THEN ANOTHER THING THAT WE WERE ABLE TO DO FROM INPUT FROM THE NEIGHBORHOOD, WHICH I THINK WAS A GREAT IDEA, IS THERE WERE THESE LOTS UP HERE AND THIS NORTH COLDEST SACK.

I THINK THESE HERE AND PROBABLY ALL OF THOSE WILL THERE, AND YOU SEE THIS 40 OR 50 FOOT OPEN SPACE STRIP BEHIND THEM AND THEN THE MANTLE GINO LOTS START AFTER THAT.

BUT ON OUR FIRST PLAN THAT WE SUBMITTED IN APRIL, WE HAD THE LOTS RIGHT UP AGAINST EACH OTHER, AND THERE WASN'T ANY OPEN SPACE BETWEEN THEM.

SOME OF THE NEIGHBORS FOR MANTLE GINO CAME TO THE MEETING, EXPRESSED THEIR DESIRE TO HAVE OPEN SPACE JUST LIKE PEPPER CREEK HAS, BETWEEN THEM AND THIS PROPOSED DEVELOPMENT.

WE'RE ABLE TO PULL IN THOSE LOTS MORE AND TO HAVE THAT OPEN SPACE UP AGAINST MANTLE GINO TO PROVIDE THAT SEPARATION AND PRESERVE THE TREES THAT ARE WITHIN THOSE AREAS.

ALSO THIS COLDEST SACK HERE, THESE LOTS WERE PREVIOUSLY UP AGAINST THE PEPPER CREEK OPEN SPACE AND WE PULL THOSE BACK IN TO CREATE A CONNECTION BETWEEN THE OPEN SPACE IN THIS AREA DOWN TO THE SOUTHERN ONE.

THAT WAS REALLY GOOD INPUT.

THE OTHER THING WE WERE PREVIOUSLY ASKING FOR AN EXCEPTION FOR LOT DRAINAGE,

[02:30:05]

AND OUR P&Z WORK SESSION IN AUGUST, WE TALKED ABOUT THAT, AND IT WAS SOMETHING WE BELIEVE THAT WE NEEDED AT THAT TIME.

THEN WE WORK CLOSELY WITH OUR ENGINEERING TEAM AND RECOGNIZE THAT THERE ARE AREAS, FOR EXAMPLE, RIGHT HERE BEHIND THESE FIRST THREE LOTS AND THEN LOTS FOUR, FIVE AND SIX, WHERE WE CAN CREATE THESE DRAINAGE SWELLS THAT RUN BEHIND THEM.

THAT WILL ALLOW FOR THE WATER THAT COMES OFF OF THIS HILL TO DRAIN THROUGH HERE, TO COME OUT TO THIS BAR DITCH AND THEN GO INTO THE CORE PROPERTY.

WE THOUGHT WE WERE GOING TO DO LOT ON ACROSS THOSE SIX SLOTS.

WE KNOW THAT THAT IS SOMETHING THAT'S A CHALLENGE WHEN HOMEOWNERS MOVE IN AND AS THEY MAINTAIN AND YEARS COME LATER AND THEY'RE NOT MAINTAINING IT PROPERLY OR SOMETHING GETS CLOGGED OR OFFENSE GETS BUILT OVER IT OR SOMETHING.

WE ELIMINATED THAT EXCEPTION BY PROVIDING THESE LITTLE AREAS HERE THAT ARE WIDE ENOUGH TO ACCOMMODATE AN APPROPRIATE SIZE SWALE TO CONVEY THE DRAINAGE TO THE BAR DITCH SYSTEM, SO WE'RE ABLE TO ACCOMMODATE THAT.

THEN THIS IS AN EXHIBIT THAT SHOWS COUNCILMAN DREW YOUR QUESTION OF OVERLAYING THE SLOPES GROW IN 12% ON TOP OF THE PLAN.

THE RED AREAS ARE BEING PRESERVED AND THE PURPLE AREAS WILL BE IMPACTED [NOISE] OR HAS THE POTENTIAL TO BE IMPACTED.

YOU'LL SEE THERE'S SOME ON THE BACK OF THESE LOTS THAT ARE PRETTY DEEP ALONG THE FLOODPLAIN AND I'LL GO UP, KEEP GOING NORTH RIGHT HERE AND HERE.

WE BELIEVE WE'LL BE ABLE TO ESTABLISH A GRADING LIMITS LINE ON MANY OF THOSE TO BE ABLE TO PRESERVE THOSE SLOPES IN THOSE AREAS UP HERE AS WELL, AND NOT 15.

WE THINK THIS NUMBER COULD COME DOWN, BUT THERE ARE 15 ACRES TOTAL OF SLOPES THAT ARE GREATER THAN 12%.

THE PLAN RIGHT NOW HAS IMPACTING UP TO 6.64 ACRES, SO WERE STILL PRESERVING MORE THAN 50%.

BUT WE BELIEVE WHEN WE DO OUR FINAL GRADING, THAT WE CAN INCREASE THAT NUMBER ON THOSE LOTS THAT HAVE THOSE LITTLE POCKETS OF 12% OR GREATER SLOPES IN THE REAR.

BECAUSE THE WAY WE TRY TO DESIGN THIS, ENTIRE SUBDIVISION TO WHERE THEY'RE UP, AND AWAY FROM THOSE AREAS AS MUCH AS POSSIBLE.

THAT CONCLUDES OUR PRESENTATION AND WE WOULD BE HAPPY TO ANSWER QUESTIONS.

THE QUESTION ABOUT METAL ON THE SIGN.

WE DON'T HAVE A FULL SIGN DESIGNED YET.

WE WANTED AN OPPORTUNITY TO POSSIBLY USE METAL LIKE CORRUGATED METAL.

IF I'M SAYING THAT RIGHT, I THINK I AM AND JAMISON GET CORRECTING ME ON LETTERING AND THEN IT'S BACKLIT OR SOMETHING LIKE THAT.

WE'VE DONE THOSE TYPES OF SIGNS BEFORE.

IT'S DONE REAL TASTEFULLY FOR NEIGHBORHOOD ENTRIES.

I DON'T KNOW IF WE'VE DONE ONE SPECIFICALLY HERE, BUT METAL IS IN A LIMITED WAY, VIEWS AS MAYBE THE LETTERING OR AN EMBLEM OR SOMETHING THAT GIVES A SUBDIVISION A BRAND.

WE DON'T HAVE A NAME FOR IT YET EITHER.

BUT IT WILL BE IN DONE IN A VERY LIMITED WAY, THE SIGN ITSELF ISN'T, WE DON'T WANT TO METAL TOTAL SIGN, WE WANT TO USE MASONRY, IT CONSISTENT WITH THE NEW CLUSTER ORDINANCE, BUT HAVING SOME METAL ACCENTS.

>> IT'S NOT NEW CLUSTER, IT'S CONSERVATION DEVELOPMENT, BECAUSE I HEARD YOU SAY IT A COUPLE OF TIMES RANDY AND I WAS LIKE WAIT, CLUSTER OR CONSERVATION, SO IT'S NOT CLUSTER.

>> OKAY.

>> I JUST WANT TO MAKE SURE BECAUSE THAT CAN BE CONFUSING OTHER PEOPLE WATCHING FROM HOME AS WELL.

BECAUSE I DON'T THINK YOU WERE SHOOTING FOR CLUSTER DEVELOPMENT STANDARDS, CORRECT? THE OLD STANDARD CONSERVATION.

>> THE NEW STANDARD OR IF THEY'RE CAUGHT YET.

>> I STILL DO HAVE SOME CONCERNS ABOUT THE USE OF METAL AND CORRUGATED STEEL METAL.

ISN'T THAT THE WAVY ONE?

>> THAT'S NOT WHAT I MEANT.

JAMISON I MIGHT NEED YOU TO ADDRESS A LITTLE BIT MORE, BUT THERE'S A METAL IN THAT THEY USE FOR LETTERS ON SIGNAGE ALL AT JAMISON TALKING ABOUT.

>> OKAY.

>> HELLO. I'M JAMISON PINSON, I'M THE DIRECTOR OF OUR LANDSCAPE ARCHITECTURE DEPARTMENT HERE FOR MCADAMS. IT'S TWO A ONE COUNTRY, ROANOKE, TEXAS.

I THINK THE TERM WAS CORTEN.

THAT WAS AN EXAMPLE OF A METAL.

>> NOT CORRUGATED.

>> BIT MORE OF A RUST COLOR, BUT IT CAN BE USED FOR PIN METAL SIGNAGE FOR PAINTING THE LETTERS TO IT OR ANOTHER EXAMPLE MAYBE JUST IN THIS EXAMPLE,

[02:35:03]

THIS ISN'T THE DESIGN OF THE ENTRANCE OF THE FARM.

BUT THE ROOF COULD BE LIKE A STANDING SEAM METAL OR SOMETHING ON THE LITTLE PAIR OF BITS WITHIN EACH CALL FOR AN EXAMPLE.

>> LET'S NOW JUST HAVE A QUICK QUESTION.

THE METAL BECAUSE THAT LITTLE PARAPET HAS A ROOF ASSOCIATED WITH IT, IT'S JUST THAT WE DON'T WANT METAL AND SIGNS AND THE STANDARD, SO WOULD THE ROOF.

HOW DOES THAT PLAY INTO THE METAL?

>> IF YOU'RE OKAY WITH IT, I THINK IF YOU'RE OKAY WITH THAT STANDARD AND AS A GROUP, YOU ARE APPROVING THE SUBDIVISION.

I WOULD MAKE THAT PART OF YOUR RECOMMENDATION TO SAY THAT JUST TO CLARIFY, THAT METAL WOULD BE ACCEPTABLE AS THE TOP OF PARAPETS OR FOR LETTERING OR WHATEVER YOU'RE COMFORTABLE.

>> IS THERE A FONT SIZE REQUIREMENT THAT WE HAVE FOR LETTERING FOR THESE SIGNS? BECAUSE THAT MIGHT PLAY INTO MY DECISION TOO.

>> NO. WE HAVE A MAXIMUM SIGN FACE, SO THAT'S THE PART WHERE THE LETTERING CAN ACTUALLY BE, BUT WE DON'T HAVE A FONT SIZE WITHIN THAT SIGN FACE, IT'S 60 SQUARE FEET.

>> WOULD THE SIGN FACE HAVE TO MEET OUR STANDARD LIKE AS FAR AS THE ACTUAL SIZE.

THE NAME, THE FONT WOULD BE ADJUSTED APPROPRIATELY TO FIT ON THE SQUARE FOOTAGE, SO TO SPEAK?

>> YES.

>> THE ENTRANCE BEHIND WHERE THE NAME I KNOW IT'S NOT THE ACTUAL NAME, BUT IT'S QUITE SUBSTANTIAL.

IT'S PROBABLY BIGGER THAN I THOUGHT, AND I DO HAVE CONCERNS BECAUSE WE WERE ON SLIDE 15 WHEN RANDY, WE'RE TALKING ABOUT SCREENING.

TO ME, SCREENING IS REALLY THE ANTITHESIS OF SCENIC VISTA.

I THINK REALLY THE SCENIC VISTA IS INTERRUPTED AND I DON'T THINK IT MEETS THE INTENTION OF THE 200 FOOT SETBACK, AND ESPECIALLY WITH EXTRA LANDSCAPING AND I THINK IT SCREENS RATHER THAN ENCOURAGES OF VISTA.

THAT'S SOMETHING I'M NOT REALLY EXCITED ABOUT.

THEN NOT KNOWING HOW MUCH METAL THERE WILL BE.

I JUST DON'T NECESSARILY FEEL COMFORTABLE APPROVING SOMETHING WHERE I DON'T REALLY KNOW WHAT IS GOING TO HAPPEN.

>> I WAS JUST GOING TO TOUCH BASE ON THE SCREENING.

THE SCREENING HERE, THE LANDSCAPING RATHER.

THAT'S JUST THE REQUIRED STREET BUFFER REQUIREMENT.

SOME OF THE MASSING OF PLANNING ARE JUST FOR ENHANCEMENT.

I THINK THE TALK ABOUT THE SCREENING WAS JUST THE FACT THAT YOU'RE NOT NECESSARILY SEEING THE ROAD BETWEEN THE VEGETATION, THE ROLLING OF THE HILL.

IT'S ELEVATED, AND JUST COMING INSIDE THAT 200 FOOT BUFFER IS REALLY LESSER OF THE TWO EVILS, IS PICK YOUR BATTLE.

DO YOU WANT TO TAKE OUT MORE OF THAT HILLSIDE, WHICH IS SOMETHING THAT WE REALLY WANT TO STAY OUT OF.

THEN AS WE MOVE DOWN TO THE SOUTHEAST AND WE'RE CROSSING THAT DRAINAGE AND THERE'S AN EXISTING STAND OF TREES, IT MADE MORE SENSE FOR US TO BIN THAT DOWN INSIDE OF THE 200 FOOT BUFFER TO PRESERVE THE EXISTING TREE STAND THAT IS THERE AND NOT BLOW OUT A LOT OF THAT.

WE'RE TRYING TO PRESERVE.

WHAT WE'RE ENCROACHING ON WITHIN THE 200 FOOT BUFFER IS GIVEN RIGHT BACK ON THE OPPOSITE SIDE.

WE'RE NOT BRINGING ANY LOTS INTO THE BUFFER.

IT'S OPEN SPACE ON BOTH SIDES OF THE ROAD.

IT'S JUST A MATTER OF WHERE WE LOCATED THE ROAD IN ORDER TO PRESERVE THE MOST WEEK COULD.

>> JAMISON, I THINK WHAT I'M HEARING TOO IS WHILE IT LOOKS GREAT AS YOU'RE COMING DOWN THE HILL, THOUGH, I THINK THE POINT IS, WHILE IT LOOKS GREAT AND IT'S JUST A RENDERING.

I'M NOT TRYING TO NITPICK ON THAT.

BUT IT DOES SEEM LIKE IT'S A SUBSTANTIAL MONUMENT RIGHT AT THE ENTRANCE OF THE NEIGHBORHOOD, ESPECIALLY AS YOU'RE COMING DOWN THE HILL.

I WOULD JUST ENCOURAGE MORE OF AN UNDERSTANDING THAT WALL PROBABLY DOES SOME RETAINING OF THE LAND SO IT DOESN'T FLOOD THE STREET. I GET THAT.

BUT I THINK MAYBE IAN'S POINT, THE SCENIC VISTA IDEA I THINK WAS THE ROLLING HILLS AND THE NATURAL VEGETATION WHERE IT COULD APPEAR THAT WHAT YOU'RE ACTUALLY SEEING IS A BIG BRICK MONUMENT.

>> I HEAR YOU LOUD AND CLEAR.

>> WAS THAT I HITTING IT.

>> YOU'RE GETTING THERE AND I APPRECIATE THE SUPPORT BECAUSE TO ME ALSO THE LANDSCAPE DESIGN IS QUITE FORMAL IN ITS NATURE, WHICH TO ME, LOOKS AND FEELS MORE LIKE SUBURBIA THAN SCENIC OPEN VISTA.

I WOULD'VE ANTICIPATED ALMOST A NON-ENTRY ENTRY THAT IT'S THERE, BUT IT'S NATURALIZED AND IT'S NOT SO PRESCRIBED AND FORMALIZED AND NOT WITH THE BIG MASONRY STRUCTURE THAT IS MONUMENTAL.

[02:40:03]

USE THAT WORD I THINK.

DIDN'T YOU? IT'S MONUMENTAL?

>> IT'S GREAT.

>> WHICH IS NOT IN KEEPING WITH MY VISION IS FOR THE SCENIC VISTA. I WANT TO HEAR FROM SOMEBODY.

>> CAN I JOIN THE PARTY.

>> YEAH.

>> PLEASE JOIN.

>> SINCE WE'RE ON THE SUBJECT OF RESTRAINT, AND I THINK ONE OF THE REASONS WHY WE DON'T HAVE A CLUSTER ORDINANCE ANYMORE IS BECAUSE OF OVERSIZED HOUSES ON UNDERSIZED LOTS.

THE 35% LOT COVERAGE GIVES ME CONCERN.

JIMMY ROCK DOWN THE STREET HAS 25%.

WHAT'S YOUR INTENT WITH 35% LOT COVERAGE? MOST OF THESE LOTS ARE ALMOST AN ACRE OR OVER AN ACRE.

>> THE 35% IS ALSO SIMILAR TO WHAT WE DID WITH PEPPER CREEK BECAUSE THAT WAS A COMBINATION OF ONE ACRE AND THREE QUARTER ACRE AS WELL.

HERE THE BUILDING PADS THAT WE'RE WORKING WITH ARE PROBABLY ABOUT 70 BY 80, 80 BY 90 OR SOMETHING OF THAT NATURE.

WE WANTED TO HAVE WHILE WE'RE PROVIDING FOR MORE LOTS THAN WE NEED TO FOR ONE ACRE ON SOME OF THE ONES THAT ARE RIGHT AT THE THREE-QUARTER ACRE SIZE, BE ABLE TO HAVE THE 35% FOR ACCESSORY STRUCTURE AS WELL AS THE PRIMARY STRUCTURE.

THAT'S WHAT WE WERE ANTICIPATING BY ASKING FOR THAT ON THE THREE-QUARTER ACRE LOTS.

>> I DON'T THINK I WOULD BE IN FAVOR OF ACCESSORY STRUCTURES ON THE SMALLER LOTS WITH THE EXTRA BLOCK COVERAGE.

I'M STRUGGLING WITH THAT ONE.

HIGH LEVEL, I WANTED TO SAY THAT WE CHANGED OUR STANDARDS. YOU'RE MEETING THEM.

I DO WANT TO SAY THANK YOU FOR THAT.

BUT THERE ARE SOME OF THE DETAILS THAT I WANT TO WORK ON IT. SORRY.

>> I WAS GOING TO SAY, I THINK THAT A CLARIFICATION OF WHAT TYPE OF ACCESSORY STRUCTURE.

WE'RE NOT CURRENTLY TALKING ABOUT A ACCESSORY DWELLING.

>> NO.

>> BUT WE'RE TALKING ABOUT LIKE.

>> A CABANA TYPE THING.

>> YEAH. OR OUTDOOR KITCHEN AND WITH ROOF COVERING AND EVERYTHING ELSE. SECONDARY.

>> IT'S MAYBE FREESTANDING OUT BY THE POOL.

THAT DOES COUNT TOWARDS LOT COVERAGE.

BEING ABLE TO GIVE FLEXIBILITY FOR THOSE HOMEOWNERS IF THEY WANT TO MAKE THOSE TYPES OF IMPROVEMENTS IS HELPFUL.

WE WERE AGAIN LOOKING AT THE SAME SIZE, I GUESS IS YOU WILL HAVE PEPPER CREEK BEING VERY SIMILAR TO THIS ONE SINCE IT'S RIGHT NEXT DOOR.

>>YOU SAID SOMETHING LIKE 70 BY 80 BUILDING PAD SITE THOUGH.

BUT YOU'RE ONLY TALKING ABOUT 2,100 SQUARE FOOT MINIMUM HOUSE.

>> ISN'T THAT GROUND FLOOR 2,100?

>> YEAH [OVERLAPPING] [INAUDIBLE].

>> THEY DON'T COMPUTE TO ME. I DON'T KNOW.

>> WELL, SOME OF THEM MAY BE 90 BY 90 DEPENDING ON WHAT KIND OF HOME DOES GET BUILT THERE.

WE'RE TRYING TO BE COMPARABLE TO WHAT'S IN THE AREA AND TO GIVE THAT FLEXIBILITY FOR THE BUYERS THAT DO COME IN HERE AND WANT THE PRODUCT THAT HAS A LITTLE BIT MORE COVERAGE FOR WHATEVER REASON.

MAYBE THEY WANT THAT TYPE OF HOME OR THAT TYPE OF OPPORTUNITY TO DO THINGS IN THE BACKYARD.

IT HELPS US BE ABLE TO MARKET THIS CONSISTENT WITH WHITE PEPPER CREEK WAS DOING REALLY.

>> TAKE A LOOK AT THOSE LOTS THAT HAVE THE MORE SIGNIFICANT SLOPE IMPACT.

I THINK IT WAS SLIDE 21.

>> YES. [NOISE]

>> MOST OF THE FEEDBACK I GOT THAT HAD CONCERNS ABOUT THIS WAS RELATED TO THESE LOTS THAT HAVE THE SIGNIFICANT SLOPE IMPACTS.

TALK TO ME ABOUT LOT 7.

HOW ARE YOU GOING TO BUILD ON THAT LOT WITH 12% SLOPE?

>> GO AHEAD AND ANSWER.

>> LOT 7, THIS ONE DOES HAVE THE MOST SLOPE ON IT AS FAR AS ALL THE ONES ON THIS LOT.

BUT THERE'LL BE A RETAINING WALL THAT BASICALLY COMES RIGHT ACROSS THIS CORNER AND ON THIS BACK LOT LINE.

THE BUILDING PADS GOING TO PROBABLY BE RUN IN PARALLEL WITH THIS LOT LINE.

THAT'S GOING TO GIVE US SOME MORE ROOM.

WE'LL HAVE A LITTLE BIT OF A RETAINING WALL AND THEN WE'LL SLOPE DOWN TO THE DRAINAGE SWELL THAT'S COMING AROUND THE SIDE OF THE HOME.

THEN THERE'S A SADDLE THAT WORKS UP HERE AND A LOT OF THIS DRAINAGE STARTS TO WORK ITS WAY RIGHT DOWN THROUGH THIS.

IT'LL HIT THE BAR DITCH AND MAKE ITS WAY DOWN TO THE FLOODPLAIN.

AGAIN, WE'LL BE KICKING A LOT OF THAT WATER BACK ON THIS BACK PROPERTY LINE ON THE TOP SIDE OF THE WALL, IF YOU WILL, AND LET IT DRAIN BACK IN AROUND,

[02:45:01]

THEN THE SAME THING.

THIS WILL BE THE HIGH POINT RIGHT HERE IN THE CORNER.

AROUND THE SIDE THAT WATER WILL WORK ITS WAY DOWN THE COLDEST SACK GETTING THE BAR DITCH MAKE ITS WAY DOWN THE SAME WAY.

BUT THERE WILL HAVE TO BE A RETAINING WALL HERE IN THE CORNER OF THIS LINE.

>> THE P&Z SUGGESTED A MAXIMUM EIGHT FOOT RETAINING WALL?

>> YES, SIR.

>> STILL SEEMS TOO HIGH TO ME.

BECAUSE AT THAT POINT YOU'VE GOT TO PUT A FENCE ON TOP OF IT SO NOBODY FALLS OFF OF IT.

IS YOUR INTENT TO PUT EIGHT FOOT RETAINING WALLS ON THE PROPERTY LINE WITH FENCES ON TOP OF THEM TO KEEP FOR SAFETY PURPOSES, HOW WOULD YOU HANDLE THIS?

>> THERE'LL BE A WROUGHT IRON FENCE ON THE BACK OF EACH OF THESE LOTS TO ENCLOSE THEIR YARD? YES.

>> ARE YOU GOING TO ENCLOSE ALL THE LOTS WITH SOME FENCING OR IS IT MOSTLY GOING TO BE NO FENCING AT ALL?

>> MY UNDERSTANDING IS THAT THERE'LL BE ORNAMENTAL METAL FENCE AROUND THESE LOTS.

>> AROUND THE ONE ACRE LOT.

YOU'RE GOING TO FENCE THE WHOLE THING?

>> YES. SIMILAR TO SOME OF THE SUBDIVISIONS DOWN TOWARD LIKE GRAPEVINE CHAT AT THE LOCK AND SOME OF THOSE RIGHT THERE ON THE NORTH SIDE OF THAT DEVELOPMENT.

>> EVEN ON THE SOUTHERN MOST CULDESAC 1, 2, 3, 4.

WHEN I LOOK THROUGH MY SCENIC VISTA, I'M GOING TO SEE A GIANT RETAINING WALL AND A FENCE ON TOP OF IT FOR THE REAR OF BUILDING 1.

>> THERE'LL BE A GREAT TRANSITION THAT HAPPENS ALONG THE BACK OF THAT LOT.

YES, THOUGH, WILL MOST LIKELY BE.

>> HIGH COUNCIL, I GREW MCDOWELL WITH HEINZ REPRESENTING THE DEVELOPER.

TYPICALLY WHAT WE'LL DO, ESPECIALLY ALONG THE OPEN SCENIC ROUTE, IS WHAT WE WILL BE THE DECLARATION OF THE HOA AND WE'LL SET UP THE CC AND OURS IN SUCH A WAY WHERE THE HOMEOWNERS OBVIOUSLY WE WANT THEM TO FEEL SECURE, WE WANT THEM TO FEEL LIKE THAT YARD, EVEN THOUGH IT MIGHT BE AN ACRE, IS THEIR YARD.

TYPICALLY, WHAT WE'LL DO IN A SCENIC SITUATION LIKE THIS IS USE EITHER REQUIRE NO FENCING ALONG VIEW LOTS WE CALL THEM, OR SOME LOWER IMPACT WHERE IF THEY HAVE A SMALL CHILD, THEY CAN STILL FEEL COMFORTABLE LETTING THE TODDLER RUN AROUND, BUT NOT OBVIOUSLY ON RETAINING WALLS.

YES, WE WOULD WANT TO FENCE THE PUBLIC SAFETY, OF COURSE.

>> SOME PEOPLE HAVE FENCING JUST AROUND THEIR POOL AND NOT AROUND THE ENTIRE LOT, BUT I THINK FENCING EVERY SINGLE LOT IN ITS ENTIRETY IS NOT WHAT I ENVISIONED ALSO FOR THE CRUST NUMBERS CONSERVATION DISTRICT.

ANYBODY ELSE HAVE COMMENTS ON THAT?

>> IT'S LIKE YOU'LL HAVE TO PUT A FENCE THERE BECAUSE THE TRAIL GOES RIGHT THERE.

PEOPLE WILL BE WALKING ALONG IT.

>> YOU DEFINITELY HAVE TO PUT A FENCE ON TOP OF A RETAINING WALL.

IF YOU WERE TO BORROW FROM OSHA STANDARDS, THAT WOULD BE ANYTHING OVER FOUR FEET IN HEIGHT WOULD NEED TO BE PROTECTED.

NOT EVEN EIGHT FEET, IT'S FOUR FEET.

>> JUST WHILE WE'RE GOING THROUGH THIS GUYS, SO IF YOU GO BACK AND YOU WATCH THE TAPE FOR TONIGHT.

WHEN YOU GUYS HAD MENTIONED THE FENCING AND HE SAID, YES, WE'RE PLANNING ON PUTTING THOSE FENCES AROUND EVERY SINGLE LOT.

THEN SOMEONE ASKED EVEN THE ONE ACRE LOTS AND HE SAID, YES, SOMEONE DEAD.

JUST SOME FEEDBACK, SO THERE WAS A BIG DEEP BREATH THAT EVERYONE UP HERE TOOK AND THEN THERE WAS A TACTICAL POLICY.

JUST AS WE'RE GOING THROUGH AND WE'RE FIGURING OUT HOW TO WORK THROUGH YOUR APPLICATION AND WE'RE TRYING TO WORK THROUGH, IF WE CAN MAYBE GET THIS APPROVED TONIGHT.

JUST AS WE'RE GIVING YOU GUYS FEEDBACK AND WE'RE TRYING TO WORK THROUGH THIS BECAUSE I UNDERSTAND SOME OF THE CONSTRAINTS THAT THE PROBABLY THE COUNCIL'S FEELING.

[LAUGHTER] WHEN YOU SAY THOSE THINGS BECAUSE WE HAD A BIG LONG [NOISE] MEETINGS ABOUT CONSERVATION AND CHANGING DIFFERENT THINGS.

WHEN YOU SAY SOMETHING WASN'T REALLY WHAT COUNCIL I THINK ENVISIONED FOR THAT, WE'RE JUST GOING TO HAVE TO CONTINUE TO WORK THROUGH THAT.

IT'S TRYING TO GIVE YOU SOME FEEDBACK BECAUSE WE'RE TRYING TO WORK THROUGH IT.

>> YOUR POINT, MR. MAYOR, TYPICALLY WE WOULD HAVE MEETINGS PRIOR WHERE WE WOULD SHARE THIS CONCERN.

I DON'T REMEMBER HAVING A MEETING ABOUT THESE THINGS SPECIFICALLY TO HAVE HAD THE OPPORTUNITY TO DISCUSS IT WITH YOU BEFORE.

YOU WOULD COME IN FRONT OF COUNCIL AND THEN ALSO TO COUNCILMAN, SHE STILLS POINT.

WHILE MANY OF THE PARAMETERS ARE MET MATHEMATICALLY ON PAPER, IT DOESN'T FEEL TO ME LIKE IT MEETS THE SPIRIT OF THE CONSERVATION DEVELOPMENT DISTRICT.

IT MEETS THE LETTER OF THE LAW, SO TO SPEAK ON SOME OF THE NUMBERS, BUT TO ME NOT THE SPIRIT AND SO THAT'S WHERE I HAVE A DISCONNECT. MY THINKING ON IT.

>> MAYOR TO TOUCH ON THE FENCING,

[02:50:03]

I THINK THE SHORT ANSWER TO THAT QUESTION WE HAVE A FUNDAMENTAL CONFLICT BETWEEN OBVIOUSLY SAFETY AND THEN THE CONSERVATION SIDE.

THAT'S A BALANCING ACT THAT WE WELCOME THE FEEDBACK ON.

TO BE HONEST, THAT'S SOMETHING THAT IF THERE ARE SPECIFIC SUGGESTIONS I.E LOT NUMBER 1.

ONE OF THE REASONS THAT I LOVE THIS PROJECT AND IT'S BEEN SO FUN TO WORK ON WITH THE MCADAMS TEAM IS BECAUSE IT'S SO UNIQUE IN SO MANY WAYS.

THAT'S A LOT OF OUR COMPETITIVE ADVANTAGE WHEN YOU LOOK AROUND FROM A BUSINESS PERSPECTIVE.

I DON'T WANT TO FOREGO THAT BY ANY MEANS, ESPECIALLY ON THE CONSERVATION SIDE, BECAUSE THAT'S REALLY IMPORTANT TO US.

IN ORDER FOR US TO BE ABLE TO PROVIDE A PRODUCT TO OUR HOME BUILDERS AND THEREFORE THE END HOME BUYERS THAT'S COMPETITIVE AND CAN DEVELOP A KIND RESIDENT EXPERIENCE, HOMEOWNER EXPERIENCE TO WHAT'S IN THE MARKET NEARBY, THAT'S THE MAIN REASON FOR THE REQUEST.

WE WANT TO OFFER THE SAME THINGS IN THIS DEVELOPMENT THAT SOMEBODY COULD WALK ACROSS AND GET IT AT PEPPER CREEK.

THE MCADAMS TEAM HAS DONE EXTENSIVE RESEARCH ON THE BEST WAY TO SAVE THESE TREES, THE BEST WAY TO HAVE MINIMAL IMPACT ON THE LAND.

BECAUSE QUITE FRANKLY, THAT'S WHAT'S BEST FOR THE PROJECT, THAT'S WHAT'S BEST FOR THE TOWN, THAT'S WHAT'S BEST FOR ME AS THE DEVELOPER.

TOTALLY IS HEAR YOUR FEEDBACK AND APOLOGIES ON NO PRE-MEETINGS BECAUSE YOU MAKE A GREAT POINT.

FOR OUR TEAM HERE WE GET SO IN THE WEEDS, SOMETIMES IT'S HARD TO STEP BACK AND TAKE A LOOK AT THE BIGGER PICTURE AND UNDERSTAND WHAT THE CONCERNS OF THE COUNCIL MIGHT BE.

MY APOLOGIES ON THAT.

BUT HOPEFULLY YOU GUYS UNDERSTAND THAT WE, AS THE DEVELOPER ARE VERY COGNIZANT OF THAT AND DON'T WANT TO DO ANYTHING THAT WOULD NEGATIVELY IMPACT THE THE ORDINANCES THEY STAND.

LIKE I SAID, GONE THROUGH EXTENSIVE ANALYSIS TO TRY TO GET THIS PLAN WHERE IT IS TODAY.

>> MR. TAYLOR.

>> JUST A COUPLE OF THINGS.

I ECHO THAT SENTIMENT ABOUT THE 35% COVERAGE.

THAT DOES SEEM QUITE DENSE AND WE KEEP DRAWING THE COMPARISON TO PEPPER CREEK.

ALMOST CHALLENGE YOU TO DO IS SET THIS ASIDE FROM PEPPER CREEK.

DIFFERENTIATE THIS.

I UNDERSTAND THERE NEEDS TO BE SOME COMPATIBILITY TO THE ADJACENT NEIGHBORHOODS.

BUT LET'S MAKE THIS PRODUCT A LITTLE BIT DIFFERENT.

PART OF THAT IS WITH THE OPEN SPACE ON INDIVIDUAL LOTS, ESPECIALLY THE SMALLER LOTS.

I UNDERSTAND THAT 25% MIGHT BE CHALLENGING WITH AN ACCESSORY BUILDING, SAY A STANDALONE CABANA OUT BY THE POOL WAS THE EXAMPLE THAT WAS MENTIONED.

IS THERE A WAY THAT WE CAN LIMIT THE COVERAGE, JUST SAY 25% FOR THE MAIN RESIDENTS? BUT THEN IF THERE IS SOMETHING DIFFERENT, AN ACCESSORY BUILDING THAT WE COULD THEN USE THAT TO FLEX A LITTLE BIT ABOVE THAT 25%.

THAT'S AN ODD LIKE TO EXPLORE A BIT OR COMMENTS ABOUT THE ENTRANCE AND THE SIGNAGE THERE AND THAT DOESN'T LIKE A BIG MONUMENT.

THERE'S A ROW THAT LOOKS LIKE, I CAN'T HAVE THOSE PINE TREES OR SOMETHING BEHIND THE SIGN.

IF THERE'S A WAY TO REMOVE THAT LANDSCAPING OR TO MAKE IT BLEND IN MORE WITH THE NATURAL TOPOGRAPHY AND NOT CREATE THAT SCREENING FROM THAT BEAUTIFUL HILL LIKE YOU SAID, THAT RIGHT BEHIND IT AND HAVE THE FOCUS BE THAT HILL, NOT THE MONUMENT AND THE SIGN RIGHT THERE AT THE ENTRYWAY.

I THINK TO ANNE'S POINT, THAT WOULD FIT MORE IN THE SPIRIT OF WHAT WE'RE TRYING TO DO WITH THIS CONSERVATION DISTRICT AND THOSE SCENIC VIEWS.

THE SLOPE, WE KNOW THAT THAT'S CERTAINLY SOMETHING THAT WE WANT TO CONSIDER AND LOOK AT AND LISTEN, NOT ALL RETAINING WALLS OR BAD.

BUT TO THE EXTENT WHERE DAD IS WHAT WE'RE GOING TO HAVE A LARGER, TINY WALL AND THEN ENLARGE FENCE ON THAT.

I'VE WALKED THROUGH NEIGHBORHOODS AND HOMES THAT ARE IN THAT TYPE OF A LOT AND IN THAT TYPE OF ARRANGEMENT.

THERE'S PROS AND CONS AND MOST OF THE TIME I SEE THAT AS A CON.

THAT'S NOT TO SAY THAT IT CAN'T HAPPEN, I THINK THERE'S A NEED AND THAT'S CERTAINLY SOMETHING THAT'S APPROPRIATE IN CERTAIN LOCATIONS.

BUT I DO THINK WE STACK DO MUCH ON TOP OF EACH OTHER THAT COMES UP GOOD AND I UNDERSTAND THE NEED FOR A BALANCE BETWEEN SAFETY AND SCENIC VIEWS AND OPEN SPACE.

BUT I WONDER IF THERE'S A LITTLE MORE WORK WE COULD DO TO EITHER REARRANGING A LOT TO ELIMINATE

[02:55:02]

THAT NEED OR AT LEAST REDUCE THE NEED FOR THE HEIGHT OF THOSE RETAINING WALLS.

THE LAST THING THAT WE HADN'T BEEN BROUGHT UP YET, AND THIS IS NOT AS IMPORTANT, BUT WE'RE LOOKING AT SLIDES 14 AND 15, WHERE YOU CAN SEE THE ENTRYWAY INTO THE SUBDIVISION.

WHEN YOU'RE HEADING EAST ON CROSS TIMBRES, I WAS WONDERING IF THERE'S GOING TO BE AN INTENT TO HAVE A LEFT TURN LANE FROM THAT EAST DIRECTION NORTH INTO THE LOCK.

BUT THOSE ARE THOSE ARE MY MAIN THOUGHTS AT THIS POINT.

>> THANK YOU, BRIAN. I WAS ACTUALLY TRYING TO WAIT TO THE DECELERATION LANE OR RIGHT TURN LANE AND EVEN SOMETHING COMING OUT OF THE NEIGHBORHOOD LIKE WHEN YOU JUMP ON THE FREEWAY, GET UP TO SPEED AS MUCH AS I WOULD LIKE TO THANK EVERY FALLS THE SPEED LIMIT IN OUR TOWN.

THERE'S A LOT OF ENFORCEMENT ACTION BEING TAKEN AROUND THAT CURVE.

BRIAN, I HAVE A NOTE RIGHT BECAUSE OF THE SLOPE EXCEPTION, THIS IS GOING TO REQUIRE A SUPER MAJORITY?

>> CORRECT.

>> RANDY, ARE YOU GUYS WANT US TO PUSH FORWARD TONIGHT OR?

>> I HAVE A MOMENT TO CONVENE WITH MY CLIENT AND DISCUSS HOW WE CAN ADDRESS SOME OF THESE TONIGHT.

>> ARE YOU ASKING US TO TAKE A RECESS OR YOU ASKING, WHAT ARE YOU ASKING?

>> A TWO-MINUTE QUESTION FOR ME AND MY CLIENT TO DISCUSS.

>> I'LL GIVE YOU TWO MINUTES.

>> THANK YOU.

>> WE'RE STAYING IN SESSION THOUGH.

>> WHY DON'T WE DO A PUBLIC HEARING WHILE THAT'S GOING ON.

>> GOOD IDEA.

>> GOOD IDEA.

>> THE TIME IS NOW 09:55 AND WE'RE OPENING THE PUBLIC HEARING FOR ITEMS 3 AND 4 AT THE SAME TIME.

[NOISE] THERESA, I CHECKED A MINUTE AGO, BUT HAS THERE BEEN ANY LATE BREAKING GREEN CARDS FOR THE PUBLIC HEARING?

>> IT HAS NOT.

>> DOES ANYONE IN THE AUDIENCE WISH TO SPEAK DURING THE PUBLIC HEARING, PLEASE STAND UP OR RAISE YOUR HAND.

ANYONE? THE TIME IS NOW 09:55 AND THE PUBLIC HEARING IS CLOSED [NOISE]. MAYOR.

>> LEXEND CAN I ASK YOU A QUESTION?

>> YOU HAVE A SECOND FOR ME TO JUST CHAT WITH YOU BRIEFLY OFFLINE JUST THE MAYOR.

>> I HAVE A COUPLE OF QUESTIONS FOR LEXEND MAYOR, IF YOU WANT TO.

>> YEAH, GO AHEAD.

>> LEXEND ON THE METAL ALLOWING THE ENTITLEMENT.

IN THIS RENDERING HERE, WERE THEY REQUIRE AN EXCEPTION TO PRODUCE EXACTLY WHAT WE SEE?

>> I DON'T KNOW BECAUSE I DON'T HAVE THE DIMENSIONS AND I DON T KNOW THE PURPOSE.

IS THIS SERVING AS A RETAINING WALL BECAUSE THEN MIR OR IS IT JUST A MASONRY WALL? BECAUSE WE DON'T ALLOW JUST MASONRY WALLS WITHIN THE CROSS TIMBERS NOW IT COULD BE LIKE MASONRY COLUMNS WITH LIKE FENCING BETWEEN IT, THREE RAIL PIPE PENS BETWEEN IT.

BUT I'M ALSO JUST NOT SURE OF THE SIZE.

WE HAVE SOME SQUARE FOOTAGE LIMITATION, SO IT'S HARD FOR ME TO SAY IF THIS WOULD.

>> THE ENTITLEMENT FOR METAL IS SPECIFIC.

>> FOR METALS SPECIFICS.

>> WHAT POINT DO YOU NEED THAT BECAUSE YOU'VE HAD COULD HAVE METAL LIGHT POSTS OR SOMETHING.

I DON'T THINK YOU'D NEED AN EXCEPTION FOR THAT.

WHEN DOES IT REQUIRED?

>> IF THEY WEREN'T PART OF THE SIGN ITSELF, IF IT WAS JUST ON THESE COLUMNS, THEN I DON'T THINK WE WOULD HAVE REQUIRED AN EXCEPTION FOR THAT.

BUT LIKE I SAID, IF YOU-ALL HAVE ANY PREFERENCE ON IT AND SINCE WE'RE TALKING ABOUT IT, I WOULD ALWAYS RECOMMEND YOU MAKE IT PART OF.

>> I'M ASKING BECAUSE I DON'T THINK THAT THERE'S ANYTHING IN THIS RENDERING THAT REQUIRES THE EXCEPTION, SO I DON'T REALLY KNOW WHAT THE INTENT OF THE METAL ENTITLEMENT IS.

>> RENDERING ISN'T NECESSARILY WHAT'S GOING TO BE BUILT.

SO I THINK THEY WANTED MAYBE JUST THE LATITUDE TO DO WHATEVER THEY WANTED TO DO WITH THE METAL.

>> BUT I THINK WITH EMOTION WE CAN LIMIT THAT LATITUDE AND SPECIFY THAT IT CAN BE USED AS ACCENT FOR THIS OR THAT PURPOSE AND THAT'S IT.

>> WELL, I JUST THINK WITHOUT HAVING SEEN ANY MORE DETAIL, I WOULD BE INCLINED TO JUST REJECT IT AND UNTIL WE SEE A SIGN THAT HAS THE METAL SHOWN TO US AND THEN WE SAY, OH YEAH, BECAUSE WHAT I'M SEEING HERE DOESN'T REQUIRE AN EXCEPTION, SO THEREFORE, WHAT EXACTLY ARE WE ALLOWING?

>> WHY?

>> WE DON'T KNOW.

>> I WANTED TO SPEAK TO A COUPLE OF COUNCILMEMBER TAYLOR'S COMMENT IF YOU DIDN'T HAVE ANY OTHER QUESTIONS FOR ME AND THE MAYOR AS WELL, JUST TO SHOW WE'RE TALKING ABOUT DSL OR ACCELERATION LANES.

[03:00:01]

I WAS JUST TALKING WITH TIFFANY.

SINCE THIS IS A TEXT DOT ROAD, THEY WOULD HAVE TO APPROVE THAT.

THEY WOULD HAVE TO ALLOW IT AND BASED ON IT ONLY BEING 74 LOTS, IT'S UNLIKELY THAT THEY WOULD SEE THAT AS GENERATING THE NEED FOR AN ADDITIONAL LANE.

SO IT IS SOMETHING THAT WE COULD ASK FOR, BUT THAT WOULD REALLY BE UP TO TECH STOCK.

AND THEN FOR THE LOT COVERAGE PERCENTAGE, IF THAT'S SOMETHING THAT THE COUNCIL IS INTERESTED IN CLARIFYING WITHIN THE STANDARDS, THAT'S CERTAINLY DOABLE TO SAY THAT 25% APPLIES TO THE MAIN STRUCTURE AND ANY ADDITIONAL STRUCTURES COULD NOT PUT IT OVER 35% OR IF THAT'S SOMETHING I WANT TO ENTERTAIN, IT'S CERTAINLY SOMETHING THAT CAN BE WRITTEN INTO THE STANDARD.

>> DO WE KNOW WHERE MONETARY NOAH'S AND TORY TEAM, ARE THEY AT THAT 25% OR THEY 35%?

>> I WOULD HAVE TO LOOK IT UP.

I DON'T KNOW OFFHAND.

>> I LOOKED AT CHIMNEY ROCK AND IT WAS 25%.

>> YEAH.

>> BUT THAT'S A KNOWN CONSERVATION DEVELOPMENT WITH EXCEEDING STANDARDS.

>> WELL, YEAH. MOST OF THE COMPLAINTS I GET OUT THERE AND NEW DEVELOPMENTS IS THAT THEY BUILD THESE HUGE, HUGE HOUSES ON THESE BIG BLOCKS.

SO I'M STUCK AT THE 25%.

>> TO ADDRESS A COUPLE OF THE COMMENTS REGARDING THE SUBDIVISION ENTRANCE.

THIS IS CONCEPTUAL IN NATURE.

YOU'RE RIGHT, IT IS A LITTLE GRANDIOSE.

PROBABLY MORE SO THAN WHAT WILL ACTUALLY BE PUT IN PLACE AND COUNCILMAN TAYLOR TO YOUR POINT, THESE TREES THAT ARE SHOWN BEHIND CAN ABSOLUTELY BE REMOVED.

AT THIS POINT IN THE PROJECT WERE STILL PRELIMINARY.

OBVIOUSLY, I'VE DONE SUBSTANTIAL AMOUNTS OF WORK ON IT TO GET IT TO WHERE IT IS TODAY, BUT FROM A SPECIFICS OF WHAT THE ENTRANCE WILL LOOK LIKE, WE DON'T HAVE LANDSCAPE PLANTS THAT DETAIL YET.

ALL THAT TO SAY THAT THAT'S NOT ME STANDING UP HERE TRYING TO GET THE ULTIMATE FLEXIBILITY AND DODGE THE POINT OF YOUR QUESTION.

THAT'S NOT MY INTENT AT ALL.

THE REASON FOR THE METAL IS TYPICALLY WE WANT SOMETHING THAT WILL POP IN AND SHOW THAT THE SUBDIVISION IS THERE.

I UNDERSTAND THAT IN THE GRAND SCHEME OF THE CONSERVATION DISTRICT, THAT'S NOT EXACTLY THE INTENT, BUT AT THE SAME TIME, THAT IS WHY WE TRY TO AND LIVE BY THE SIZE ORDINANCES.

AND IF THE METAL IS A BIG STICKING POINT, I'M SURE THERE ARE OTHER MATERIALS THAT WE CAN USE THAT WOULD PROVIDE A SIMILAR BUT MORE CONSERVATION TYPE FEEL TO THE ENTRANCE OF THE COMMUNITY.

>> AND THEN I WOULD LIKE TO POINT OUT ON IN REGARDS TO THE SLOPES, YOU GO BACK TO THAT SLIDE.

WE HAVE AN OPPORTUNITY, I THINK, WITH THIS INPUT TO LOOK AT WHERE THE PLACEMENT OF LOT 7 IS, I THINK WE HAVE SPACE IN THIS AREA.

WE CAN ELIMINATE THAT.

I'M SORRY, NOT ELIMINATE THE LOT, BUT MOVE IT OVER HERE AND STILL HAVE SOME OPEN SPACE CONNECTIONS.

I THINK WE HAVE SOME ROOM WHERE WE CAN SHIFT SOME OF THIS LINE WORK TO BE ABLE TO STILL HAVE OPEN SPACE CONNECTION AND THE LOT AND ALSO WITH LOT 1, I LOOKED AT WHERE THE SPECIMEN TREES ARE AND THE OTHER STEEP SLOPES AND STUFF.

I THINK IF WE TAKE THOSE LOTS AROUND THE CUL-DE-SAC AND SHIFT THEM A LITTLE BIT MORE COUNTERCLOCKWISE, WE'LL BE ABLE TO GET OUT OF THAT PURPLE AREA ALSO.

THOSE ARE THE TWO AREAS WHERE WE CAN MAKE THAT IMPROVEMENT AND REDUCE THAT.

AGAIN, ALL THE LOTS BACKING UP TO THE FLOODPLAIN, WE BELIEVE, WE'LL BE ABLE TO DO A GRADING LIMITS LINES, SO WE'RE NOT REALLY IMPACTING THOSE, BUT THEY ARE STILL SHOWING UP HERE AS PURPLE.

I THINK THAT ADDED UP TO ALMOST BE LIKE ABOUT A HALF ACRE OR SO.

LEXIN TALKED ABOUT THE TURN LANES FOR TEXT DOT.

THE OTHER THING WITH THE LOT COVERAGE, ADDING THE 25% WITH THE CONDITION OF ACCESSORY OR ADDITIONAL, I GUESS, STRUCTURES FOR YOUR BACKYARD TO BE OVER THAT WOULD BE ALLOWED.

>> IN THE FENCING RANDY, AROUND THE ONE-ACRE LOTS, WHAT ARE YOUR THOUGHTS ON THAT?

>> I WOULD LIKE FOR GREER TO COMMIT TO THAT BECAUSE THAT SPECIFICALLY SOMETHING THAT HE NEEDS TO WORK WITH OR THE HOME BUILDERS.

>> YEAH. SORRY TO BE CLEAR, YOU DO OR DO NOT WANT TO REQUIRE FENCING AROUND THE WHOLE ONE-ACRE LOT?

>> I WOULD PREFER NOT TO HAVE THAT.

>> THAT'S FINE.

>> AND I DON'T WANT TO FORGO ANY SAFETY CONCERNS, OF COURSE.

[03:05:01]

>> OF COURSE, YES.

>> THAT'S MY WHOLE THING.

BUT IT'S JUST THE SCENIC VISTA AND THE FENCING AROUND A ONE-ACRE LOT.

IT ALSO ADDS A LOT OF EXPENSE I THINK TOO TO A PROJECT AND I'M NOT THAT MUCH OF A FAN OF IT IN A CONSERVATION DISTRICT.

>> TOTALLY UNDERSTAND.

WOULD YOU BE AMENABLE TO PERHAPS A CERTAIN DISTANCE AWAY FROM THE ENTRANCE TO STILL ALLOW SOME HOME HOMEOWNERS IN THERE TOO? IF THEY SO CHOOSE TO HAVE THAT SAFETY SECURITY PERSPECTIVE, I GUESS.

>> I'M STILL NOT REALLY CRAZY ABOUT IT.

OBVIOUSLY, IF THERE'S A POOL INVOLVED, IT SHOULD BE FENCED IN MY OPINION.

BUT I JUST THINK IT DETRACTS FROM THE CONSERVATION VIEW EVEN WITHIN THE NEIGHBORHOODS.

I DON'T KNOW. LEXIN IS THERE SOMETHING WE NEED TO?

>> I JUST WANT TO CLARIFY THAT IT WOULD HAVE TO BE FENCED IF THERE WAS A POOL THAT IS A BUILDING CODE.

>> BUT NOT THE WHOLE LOT.

>> NOT THE WHOLE LOT.

>> JUST THE POOL, RIGHT?

>> I DO BELIEVE THE DEVELOPMENT STANDARDS WERE WRITTEN.

IT DIDN'T REQUIRE FENCES, SO THEY COULD EITHER BE OPEN OR BE FENCE.

IT WAS UP TO THE PROPERTY, WHOEVER THE HOMEOWNER IS THAT PURCHASES THE LOT.

>> SO THEN LATER ON, A HOMEOWNER COULD FENCE THEIR WHOLE LOT IF THEY SO CHOOSE.

>> I THINK THEY CAN DO THAT ANYWAY.

>> THAT CORRECT?

>> YEAH.

>> WELL, THAT CAN BE WRITTEN INTO THE CCNI, I SUPPOSE.

>> YES, IT COULD BE.

WE DO GIVE HOMEOWNERS A LOT OF LATITUDE ON THEIR LOT TYPICALLY.

>> I KNOW IT'S LIKE I'VE SEEN SOME EXAMPLES AROUND TOWN WHERE THERE WAS A FORTRESS LIKE FENCE AND IT LOOKS REALLY BAD.

>> YEAH. THEY COULDN'T DO MASONRY.

>> WE CAN IMPOSE SOME HEIGHT RESTRICTIONS ON THOSE PERIMETER FENCES SHOULD THE HOMEOWNER SO CHOOSE TO FENCE IT.

WE CAN IMPOSE HEIGHT RESTRICTIONS.

>> WHAT ARE YOUR THOUGHTS, COUNCILMAN? SHE STOLE.

>> I AGREE WITH EVERYTHING YOU'RE SAYING.

I'M JUST NOT SURE IF IT MAKES SENSE TO REQUIRE NO FENCE IN THIS INSTANCE BECAUSE I THINK THERE MIGHT BE SOME HOMEOWNERS.

>> I THINK THERE'LL BE A LOT OF HOMEOWNERS THAT SAY, WELL, IF I CAN HAVE A FENCE BECAUSE I'VE GOT SMALL CHILDREN OR PETS, I DON'T WANT TO MOVE THERE, AND SO YOU'RE LIMITING IT THERE.

REQUIREMENT IS ONE THING, BUT MAKING IT OPTIONAL, I THINK FOR HOMEOWNERS DOWN THE ROAD AND YOU CAN RESTRICT IT TO A CERTAIN TYPES OR CERTAIN HEIGHTS LEVELS TOO, I THINK THAT'S REASONABLE.

>> I GUESS FOR ME THAT'S PART OF LIVING IN A CONSERVATION AREA.

THE EXPECTATION IS YOU WANT TO LIVE THERE, IT'S GOING TO BE OPEN.

YOU'RE GOING TO HAVE THE SCENIC VISTA AND YOU'RE GOING TO HAVE PERHAPS WILDLIFE HAVE THE ABILITY TO TRAVERSE THROUGH THE TERRAIN WHICH THE FENCING WILL ABSOLUTELY PREVENT.

FOR ME, THAT WAS PART OF MY THINKING BEHIND THIS CONSERVATION DEVELOPMENT.

>> WELL, NOT THE FENCES HAVE TO BE OPEN TO ALLOW.

>> OPEN VIEW, BUT NOT.

IF OFFENSE IS OPEN, WHAT DOES IT SERVE AS FAR AS KEEPING YOUR PETS AND YOUR CHILDREN IN?

>> BUT IT'S WROUGHT IRON FENCING.

THEY CAN CERTAINLY KEEP.

>> HERE LARGER THING NOW.

>> PETS AND CHILDREN INSIDE THEM.

[LAUGHTER] THEY'RE NOT JUST THE THREE RAIL TYPE WHICH YOU COULD CLIMB BETWEEN, BUT I WILL SAY, THINKING ABOUT THAT TOO, IT'S NOT ALL OPAQUE FENCING.

IT REALLY DOES MAKE A DIFFERENCE JUST WITH THE ROD IRON FENCING WHERE YOU CAN SEE THROUGH IT EVEN WHEN IT'S THERE.

I THINK IT'S A DIFFERENT LOOK THAN WHEN YOU HAVE LIKE WOOD FENCES THAT ARE JUST TOTALLY CLOSING OFF EVERYTHING.

I THINK THAT'S WHY WHEN WE HAVE EVEN THE TOWN WHEN THERE'S DEDICATED OPEN SPACE OR PARKS LIKE ANYTHING THAT'S ALONGSIDE THAT HAS TO DO THE ROD IRON FENCING SO THAT IT PROVIDES MORE OF THAT OPEN VIEW.

THAT'S ADDITIONAL REQUIREMENT OF THE TOWN'S CODE.

>> I HAD A FEW QUESTIONS ABOUT THE TREES THAT ARE GETTING REMOVED.

THERE WAS A FEW AND I THINK IT WAS ON YOUR SLIDES, LEXIN. SLIDE 68.

[NOISE] THERE'S THE TREE AT THE BOTTOM.

WHY CAN'T WE MOVE THE ROAD UP A LITTLE BIT AND PRESERVE THAT ONE? IS THAT A LOT?

>> CAN WE BE MORE SPECIFIC.

ARE YOU TALKING ABOUT THE [OVERLAPPING]

>> SORRY. NO, THE BIGGER IMAGE, THE ONE THAT'S RED.

>> HERE?

>> NO, EVEN FURTHER.

ALL THE WAY AT THE BOTTOM. RIGHT THERE.

>> RIGHT HERE?

>> YEAH.

>> THAT PARTICULAR SPECIMEN TREE IS IN CLOSE PROXIMITY TO THE ROAD.

[03:10:03]

IT HAS A LOT OF THE CANOPY OVERHANGING THAT AND DUE TO THE LOT WIDTH CONSTRAINT AND US TRYING TO MAINTAIN THIS NATURAL DRAINAGE CORRIDOR HERE, WE WANTED TO PRESERVE THIS.

THEN WE HAVE THE TWO MINIMUM LOT WIDTH HERE AND THEN THAT SETTING THAT UP AND THEN THERE'S ANOTHER DRAINAGE CORRIDOR HERE THAT'S WORKING DOWN RIGHT ON THE SOUTH SIDE OF THOSE.

THAT WAS OBVIOUSLY TO PRESERVE THAT WE'RE TRYING TO FIT BETWEEN BOTH OF THESE AND FIT THE ROAD CONNECTION PLUS THE TWO LINES.

>> THEN THE ONE IN THE MIDDLE.

THERE'S A CLUSTER OF FIVE TREES THERE.

WHY CAN'T WE PULL THE ROAD DOWN A LITTLE BIT AND SAVE THAT LAST TREE?

>> LET ME SEE IF I CAN FIND THAT.

THIS ONE IS ONE THAT WE HAVE HIGH HOPES.

THIS TREE IN PARTICULAR, WE DID STOP THE BAR DITCH, WE'RE NO LONGER CONTINUE IN THE BAR DITCH PAST THE LAST LOT.

THERE'LL BE SOME DISSIPATING SWELL THAT STARTS TO RUN DOWN AND WE'LL TAKE THIS BAR DITCH STRAIGHT DOWN TO THE NATURAL STREAM SO THE REST OF THIS STORM WATER WILL FLOW DOWN NATURALLY JUST THE WAY IT DOES TODAY.

WE FEEL LIKE IT HAS A GOOD CHANCE, BUT AS STAFF HAS INDICATED, THEY'VE ADVISED US JUST TO ASK FOR THE REMOVAL OF THAT AS A PRECAUTION BECAUSE WE DON'T WANT TO BE HIT WITH THAT 10 TIMES THE CALIPER INCHES FOR THAT PENALTY FEE.

FOR AN EXAMPLE, IF MEANS AND METHODS AREN'T NECESSARILY WHAT IT TAKES TO PRESERVE THAT.

>> WHY COULDN'T WE JUST PULLED THE ROAD DOWN? IS THERE AN ISSUE ON THAT LOT?

>> PULL THE ROAD DOWN ON THESE? THIS THIS SLOT IS PRETTY MUCH IN MINIMUM SIZE THERE IN THAT TRIANGLE.

>> COUNCIL, DO YOU HAVE ANY OTHER QUESTIONS?

>> I JUST HAVE A COMMENT.

THE 25%, 3/4 ACRE LOT, THAT'S 8,000 SQUARE FEET OF BUILDABLE AREA, 35% THAT GOES UP TO 11,200 SQUARE FEET.

IT SEEMS LIKE A LOT, 35% EVEN WITH AUXILIARY DWELLINGS AND EVERYTHING AND THAT'S AGAIN, I'M STUCK AT 25% WITH EVERYTHING.

>> YEAH. JUST TO REMIND EVERYONE, THIS IS SO THIS WAS APPROVED BY P&Z 6-0, BUT IT WAS UNANIMOUSLY APPROVED.

BUT BECAUSE OF THE SLOPE EXCEPTION, IT'S GOING TO REQUIRE A SUPER MAJORITY VOTE TONIGHT.

BRIAN, CAN YOU GIVE US SOME LEGAL ADVICE ON THAT?

>> I'D LIKE TO BE ABLE TO GIVE YOU CONFIDENTIAL LEGAL ADVICE.

REGRETTABLY, THIS ITEM AND THE ABILITY TO CONVENE INTO CLOSED SESSION FOR ANY POSTED ITEM DID NOT MAKE THIS AGENDA BECAUSE THE TEMPLATE IS THE WORKSHOP AGENDA, NOT THE REGULAR MEETING AGENDA.

I RECOGNIZE THE DRAMATIC INCONVENIENCE OF THIS, BUT PERHAPS IF WE COULD TABLE THESE ITEMS, IT WOULD ALSO GIVE THE OPPORTUNITY FOR THE APPLICANT TO THINK IT THROUGH RATHER THAN A TWO-MINUTE CONVERSATION IN THE LOBBY.

THAT WOULD BE MY RECOMMENDATION.

>> COUNCIL, I THINK WE SHOULD HEED THE ADVICE OF BRIAN AND WE CAN KEEP DISCUSSING AND DELIBERATING TONIGHT.

BUT, REALLY I THINK THERE'S A LOT OF NOTES THAT WE ALL HAVE AND I THINK IT WOULD BEHOOVE ALL OF US IF WE JUST TOOK A TACTICAL PAUSE AND TABLED IT, AND THAT WAY WE HAVE AN OPPORTUNITY TO GO FORWARD AT A FUTURE DATE.

>> WELL, I THINK THE APPLICANT HAS GOT SOME REWORKS TO DO WITH, IF YOU WILL, THAT THEY WOULD PROBABLY APPRECIATE RATHER THAN DOING IT ON THE FLY AS WELL.

BUT REAL QUESTION IS, CAN YOU BE READY FOR THE FOURTH?

>> YES, MA'AM. YOU CAN GO AHEAD AND READDRESS. SORRY.

>> THANK YOU FOR ALLOWING ME TO COME BACK UP.

I THINK TABLING IS A WISE AND PRUDENT DECISION SO WE CAN WORK THROUGH THESE ISSUES.

THANK YOU FOR THE FEEDBACK TONIGHT.

AGAIN, THIS PLAN HAS EVOLVED A LOT AND THERE'S STILL ROOM TO MAKE CHANGES AND IT'S NOT TOO LATE.

I THINK WE CAN ALWAYS MAKE IT BETTER.

I HOPE THAT WE CAN BE READY BY THE 4TH.

I DO WANT TO GIVE STAFF PLENTY OF TIME TO REVIEW EVERYTHING AS WELL.

IT MAY BE LATER THAN THAT.

>> YEAH. THANKS, RANDY.

I THINK WHEN COUNCIL DOES THAT OR WHETHER IT'S IN THE MOTION OR NOT, IT NEEDS TO BE AT A FLEXIBLE, BECAUSE WE CAN'T JUST FORCE IT.

TECHNICALLY WE CAN, BUT IT NEEDS TO BE AT A DATE WHERE STAFF IS ABLE TO RESPOND AND WE CAN GET IT ON THE AGENDA.

>> THE DATE CERTAIN PUBLIC HEARING, THERE'S AN ISSUE THERE, RIGHT?

[03:15:02]

>> WELL, SO WE'VE CONDUCTED THE LEGALLY REQUIRED PUBLIC HEARING.

ANY FUTURE PUBLIC HEARING, WE TRADITIONALLY ADD IT TO THE AGENDA, BUT THERE'S NO ADDITIONAL NOTICE REQUIREMENTS.

THEN WITH RESPECT TO TABLING, I KNOW ON OCCASION WHEN THE DATE IS A MOVING TARGET, WE COULD TABLE IT TO A DATE AT WHICH TIME THE APPLICANT ESSENTIALLY ANNOUNCES THAT THEY'RE READY FOR CONSIDERATION RATHER THAN A DATE CERTAIN.

>> I WOULD ENCOURAGE COUNCIL TO CONSIDER THAT.

>> RANDY, BEFORE THAT DATE, YOU MENTIONED LOT 7, AND THE OTHER LOT THAT YOU COULD DO.

WOULD BE WORTH TALKING ABOUT LOT 13 AND LOT 6 AS WELL, SINCE THOSE ARE ALSO THE ONES THAT ARE HEAVILY IMPACTED BY SLOPE.

I'M NOT SAYING WE HAVE TO TALK ABOUT THAT NOW, BUT LET'S JUST BE PREPARED AT THE NEXT MEETING TO COVER THOSE OR THE OTHER ONES THAT WERE HEAVILY IMPACTING THE SLOPES.

>> YES. SIT DOWN.

DID YOU COME UP BECAUSE YOU WANTED TO SAY SOMETHING ABOUT YOUR ABILITY, STAFF'S ABILITY TO REVIEW WHAT THE APPLICANT MIGHT NEWLY PROPOSE?

>> NO, WE WILL REVIEW WHEN THEY RESUBMIT.

I WAS JUST GOING TO SAY THAT WE WILL STILL NOTICE IT THROUGH THE TOWN'S NOTICING THROUGH NOTIFY ME EMAIL AND TEXT.

WE WILL SEND OUT THOSE.

WE JUST WON'T RE-SEND THE MAILED NOTICES.

>> THANK YOU.

>> COUNCIL, HAVE ANYTHING ELSE? I'LL ENTERTAIN A MOTION.

>> HOW ARE YOU DOING?

>> WHAT ITEM IS THIS? BECAUSE [INAUDIBLE].

>> GOOD QUESTION. SO COUNCIL UNDERSTANDS.

THESE WERE BOTH OPENED AT THE SAME TIME, THREE AND FOUR, SO I BELIEVE WE'RE GOING TO NEED TO TABLE BOTH THREE AND FOUR, WHICH IS GOING TO REQUIRE INDEPENDENT MOTION.

FOR TABLING, WE CAN DO IT AT THE SAME TIME.

>> YES, SIR.

>> PERFECT. THAT'S WHY WE'RE SO GLAD TO HAVE YOU BRIAN.

THEN I WOULD BE ABLE TO ENTERTAIN A MOTION FOR BOTH ITEMS 3 AND 4.

>> I MOVE TO TABLE ITEMS 3 AND 4 TO A FUTURE DATE AS DETERMINED BY THE APPLICANT.

>> SECOND.

>> ANY DELIBERATION ON THAT MOTION? TERESA, WE HAVE A MOTION AND A SECOND. PLEASE CALL THE ROLL.

>> COUNCIL MEMBER [INAUDIBLE].

>> AYE.

>> DEPUTY MAYOR PROTON MARTIN.

>> AYE.

>> MAYOR PROTON MENGEL.

>> AYE.

>> COUNCIL MEMBER DREW.

>> AYE.

>> COUNCILMEMBER TAYLOR.

>> AYE.

>> MOTION TO TABLE ITEMS 3 AND 4 PASSES BY UNANIMOUS VOTE.

WE'LL BE MOVING ON THOUGH.

NO ACTION NEEDED. WITH THAT, THE TIME IS NOW 10:16 AND WE ARE ADJOURNED

* This transcript was compiled from uncorrected Closed Captioning.