[INAUDIBLE] . OKAY. GOOD EVENING. GOOD EVENING, [00:00:10] FLOWER MOUND. THE TIME IS NOW. OH, THERE WE ARE. OKAY. GOOD EVENING. FLOWER MOUND. THE TIME IS NOW 6:00, AND I'M CALLING THIS MEETING TO ORDER. [A. CALL TO ORDER] WE WILL START THIS MEETING TONIGHT WITH THE INVOCATION BY CHAPLAIN JERRY SPEIGHT AND WILL REMAIN STANDING FOR THE PLEDGES. THANK YOU AND PRAY WITH ME, PLEASE. OUR GRACIOUS FATHER, WE THANK YOU FOR THE GOOD DAY THAT YOU HAVE GIVEN TO US. WE THANK YOU FOR YOUR GRACIOUS PROVISION OF THE LEADERSHIP THAT YOU'VE GIVEN FOR FLOWER MOUND, AND WE THANK YOU FOR THOSE WHO ARE SERVING, AND WE PRAY THAT YOU WOULD GIVE WISDOM ON THE DECISIONS TO BE MADE FOR THE GOOD OF THE COMMUNITY, AND FOR THANK YOU FOR THOSE OFFICERS AND THE FIRST RESPONDERS THAT ARE OUT SERVING EVEN NOW TO VERIFY THE FACT THAT THEY'RE THERE TO KEEP THE CITIZENS SAFE AND TO TAKE CARE OF THE NEEDS OF THE COMMUNITY. AND WE THANK YOU FOR THAT. SO WE PRAY YOUR BLESSINGS ON THIS MEETING. WE PRAY YOUR BLESSINGS ON EACH ONE IN LEADERSHIP THAT YOU WOULD TONIGHT. JUST GIVE THEM WISDOM FOR THE CHOICES THAT ARE MADE AND WE THANK YOU IN YOUR NAME. AMEN. ALLEGIANCE] ONE STATE UNDER GOD, ONE AND INDIVISIBLE. OKAY. WE'RE GOING TO GO RIGHT INTO PUBLIC COMMENT. [D. PUBLIC COMMENT] THE PURPOSE OF THIS ITEM IS TO ALLOW THE PUBLIC AN OPPORTUNITY TO ADDRESS THE TOWN COUNCIL REGARDING ANY ITEM ON THIS AGENDA THAT IS NOT A PUBLIC HEARING. YOU HAVE THREE MINUTES TO SPEAK DURING PUBLIC COMMENT. WHEN YOU HAVE 30S LEFT, YOU'LL HEAR A BEEP SO YOUR TIME IS NOT UP. YOU STILL HAVE 30S REMAINING. WHEN YOU COME UP, JUST MAKE SURE YOU STATE YOUR NAME AND YOUR ADDRESS. THE FIRST PERSON IS JAMIE VON TRAPP. YOU'RE GOING TO HAVE A SONG TONIGHT. YES, YES. I FIGURED IT WOULD BE A WAY TO MAKE THIS A LITTLE MORE MEMORABLE. BUT THANK YOU, MAYOR MOORE. JAMIE VON TRAPP, 6301 RIVER DRIVE, FLOWER MOUND AND I AM HERE TO CALL OUT THE RACISM AGAINST MY FAVORITE WNBA PLAYER, CAITLIN CLARK. LIKE, SHE IS GETTING ASSAULTED EVERY DAY IN THE WNBA, AND ANGEL REESE WON'T STOP BULLYING HER, AND THE WNBA IS DOING NOTHING ABOUT IT. SO, AND LET'S BE HONEST, YOU KNOW US WHITE PEOPLE, WE'RE NOT THAT GOOD AT BASKETBALL LIKE MEN. WE HAVE LARRY BIRD, GRAYSON ALLEN, HALF OF LONZO BALL AND THAT'S IT. SO THE WNBA FANS ALL 37 OF THEM. THEY DON'T KNOW HOW TO HANDLE A WHITE GIRL FROM IOWA ABSOLUTELY DOMINATING. AND THEY HATE THAT. THE REASON I'M WATCHING IS BECAUSE OF CAITLIN CLARK. IT'S THE LAST TIME I WATCH GIRLS BASKETBALL WAS 2015 WHEN PRINCETON WOMEN'S BASKETBALL WENT UNDEFEATED. BUT ANYWAY, ESPN PERSONALITIES LIKE RACIST, RYAN CLARK AND HOT TAKE MACHINE EMMANUEL ACHO KEEP PILING ON CAITLIN FOR NO REASON. EMMANUEL ACHO MIGHT ACTUALLY BE BRAIN DAMAGED, SO I'LL WITHHOLD JUDGMENT ON THAT. BUT THANK GOD FOR PEOPLE LIKE DAVE PORTNOY AND JASON WHITLOCK BECAUSE THEY USE THEIR PLATFORMS TO DEFEND CAITLIN CLARK AGAINST ANGEL REESE AND THE BULLYING OF THE WNBA. AND THE REASON I'M HERE, I ONLY HAVE 43 TIKTOK FOLLOWERS, SO THIS IS THE ONLY PLATFORM I CAN DO TO HELP MY GIRL, CAITLIN CLARK. AND LIKE I SAID, THE WAY TO REMEMBER THIS, LIKE, YOU GET A LOT OF SPEECHES, BUT I WROTE A ONE MINUTE SONG ABOUT CAITLIN CLARK. IT'S CHAPEL ROAM FANS IN HERE. IT'S TO THE TUNE OF HOT TO GO. IT'S CALLED ANGEL REESE HAS GOT TO GO. [SINGING]. [00:05:12] SEE YOU THOUGHT YOU GOT NERVOUS THERE? ANYWAYS. BUT WHAT I'M SAYING IS. PLEASE LEAVE CAITLIN CLARK ALONE. CAITLIN, IF YOU SEE THIS, I GOT YOU AN ANGEL. IF YOU SEE THIS, IF YOU WON'T STOP BULLYING CAITLIN CLARK, I'M GOING TO START TWEETING MEAN THINGS LIKE. YOUR NAME SHOULD BE REESE INSTEAD OF ANGEL REESE. BUT YES. AND THANK YOU, MAYOR MOORE. YOU'RE THE BEST MAYOR IN TEXAS. AND THANK GOD FOR PEOPLE LIKE JASON WHITLOCK AND DAVE PORTNOY AND ME. SO THANK YOU FOR MY AND I YIELD MY TIME. [INAUDIBLE] . YEAH. OKAY, SO ALEX STEIN. ARE YOU COMING BACK? YEAH. OKAY, HERE WE GO. HELLO, COUNCIL. MY NAME IS ALEX. I AM A MUSICAL THEATER TEACHER HERE IN FLOWER MOUND. I LIVE AT 6969 HERSHEY HIGHWAY AND I JUST WANT TO SAY THAT THIS IS MY FAVORITE MONTH OF THE YEAR. AND IT'S THE BEST MONTH OF THE YEAR, BECAUSE IT'S THE ONLY MONTH WHERE IT'S OKAY TO BE GAY. AND THAT'S WHAT I TRY TO TELL MY STUDENTS THAT ARE, YOU KNOW, CHALLENGED BY COMING OUT OF THE CLOSET BY SOME OF THE RIDICULE AND HUMILIATION THAT THEY, YOU KNOW, GET FROM THEIR PEERS. SO I WROTE A LITTLE SONG ABOUT THIS MONTH AND WHY IT'S SO SPECIAL TO ME. SO IF YOU GUYS WANT TO SING ALONG, YOU GUYS ARE WELCOME TO SING ALONG. I KNOW THAT GUY WANTS TO SING ALONG. SO THIS IS FOR YOU. [SINGING]. I LOVE GAY PRIDE. I LOVE YOU, MAYOR. GOD BLESS AMERICA, GAY RIGHTS. IT'S OKAY TO BE GAY. I LOVE YOU. [INAUDIBLE] . ALL RIGHT. WE HAVE CARTER ANDREWS. HOW'S IT GOING, MAYOR? MY NAME IS CARTER ANDREWS. I LIVE AT 1320 CHEYENNE ROAD. JUST LIKE TO TALK ABOUT THE TESLAS AND THE CHARGING STATIONS AND PARKING GARAGES. WE TOW A LOT OF ELECTRIC VEHICLES. THEY BURN VERY HOT. THEY'RE VERY PRONE TO CATCH FIRE, EVEN WITH MINOR ACCIDENTS. SO BEING IN PARKING GARAGES AND STUFF, HAVING ACCESSIBILITY TO THEM FOR US AND THE FIRE DEPARTMENT, I THINK THAT'S REALLY IMPORTANT. THAT'S ABOUT ALL I HAVE TO SAY. OKAY, GREAT. THANK YOU. WE HAVE ARMANDO RODRIGUEZ. [00:10:15] HELLO. HI. MY NAME IS ARMANDO. I LIVE DOWN AT THE DALLAS ICE DETENTION CENTER. IS IT OKAY IF I READ OFF MY PHONE? I'M NOT USED TO THIS STUFF. YEAH. OKAY. SO I'LL START LIKE THIS. AMERICA'S REALLY LET ME DOWN. I TRAVELED MONTHS THROUGH THE DARIEN GAP WHILE SPONSORED BY OZEMPIC HIGH ON FENTANYL TO PROPEL MY 400 POUND BODY. CHARLESTON WHITE AND ADIN ROSS EVEN PRAYED FOR ME ON ONE OF THEIR LIVE STREAMS, ACTUALLY, WHICH IS ACTUALLY HUGE. SO BECAUSE OF THEM, I WAS BROUGHT TO THE LIGHT AS A PROUD ILLEGAL AMERICAN. I EVEN DEFECATED ON NANCY PELOSI'S DRIVEWAY. AND NOW THESE ICE RAIDS UNDER TRUMP HAVE BEEN A DISASTER FOR NOT ONLY MY PEOPLE, BUT MY COMMUNITY AS WELL. FAMILIES TORN APART. INNOCENT PEOPLE TAKEN. GOOD, HARD WORKING FOLKS DEPORTED OVERNIGHT IN AMERICA. OKAY. I STAND HERE, OKAY, IN FRONT OF YOU TO TELL YOU THESE GOOD WORKING FOLKS NOT ONLY BEING DEPORTED OVERNIGHT, BUT SOMEHOW. YET I STAND HERE CLEARLY AS AN ILLEGAL. AS DIEGO ALEJANDRO FERNANDEZ STANDS IN THE ACTUAL DETENTION CENTER. OKAY. I'M HERE NOW. NOT ONLY WAS HE SOME FELON FENTANYL OUT OF HIS ALLOTTED CART, BUT BECAUSE I'M SO WHITE AND SO OVERWEIGHT, IMMIGRATION DOESN'T EVEN LOOK AT ME. I HAVE TO SAY WHITE PRIVILEGE. I'M A VICTIM OF IT BECAUSE OF IT. NOW, WHAT I GOTTA SAY IS THIS I DON'T UNDERSTAND HOW IE DEPORTED HALF MY NEIGHBORHOOD, BUT MY TIA CARMEN GONZALEZ FROM APARTMENT THREE B AND FLOWER MOUND ROSARIO APARTMENT COMPLEX IS STILL ROAMING FREE, TERRORIZING MY SELF-ESTEEM LIKE IT'S HER FULL TIME JOB. I CALLED ICE. EXCUSE ME? I CALLED THAT ICE. ANONYMOUS TIP HOTLINE. THE SECOND TRUMP BECAME INAUGURATED, AND I DID NOTHING AS AN ILLEGAL IN THIS COUNTRY. THE ONLY OPTION I'M GIVEN FOR WORK IS EITHER CONSTRUCTION OR FIELD WORK. AND LET'S BE REAL WITH THIS PHYSIQUE, I'M NOT DOING ANY OF THAT STUFF. I'M REALLY STARTING TO WONDER IF THAT $750 BONUS IS EVEN TRUE OR NOT. EVERY TIME I WALK INTO HER HOUSE, SHE'S LIKE MIJO BONITO! THAT LITERALLY MEANS SON, YOU'RE SO HANDSOME. BUT THEN SHE SAYS, BUT YOU USED TO BE CUTE. HOW COME NO GIRLFRIEND LIKE LADY, YOU'RE 411, SHAPED LIKE A BURRITO AND USE MAYONNAISE AS A MOISTURIZER? SHE'D BE ROASTING ME IN FRONT OF THE WHOLE FAMILY LIKE SHE'S DOING A NETFLIX SPECIAL AND ASKING, WHEN AM I GOING TO GET MARRIED? WHY I STILL LIVE IN THAT LITTLE APARTMENT. YOU'VE GOTTEN SO FAT YOU CAN EVEN EAT CEREAL OUT OF YOUR BELLY BUTTON. SHE KNOWS I'M INSECURE ABOUT MY BODY, BUT HOW WOULD YOU FEEL IF YOUR BELLY BUTTON HUNG SO LOW IT HOVERS OVER YOU WHERE YOUR URETHRA ONCE WAS? I SUBMITTED HER INTO ICE THREE TIMES AND NOTHING'S EVEN HAPPENED. I EVEN MADE I EVEN PHOTOSHOPPED PICTURES PAID BY A CHINAMAN AND ADDED IT TO A FAKE FACEBOOK GROUP CALLED MAGA AGAINST ILLEGALS AND ALL. JULIUS JOSE, ANTONIO'S. I EVEN TATTOOED OR PHOTOSHOPPED MS13 ON HER KNUCKLES. NOTHING EVEN WENT AS FAR AS SEDUCING SEVEN ICE AGENTS ON TINDER AND INVITED HER TO A SURPRISE FREAK OFF AND POTENTIAL ARREST. NOTHING IF YOU NEED HELP. I GOT HER LOCATION. RODRIGUEZ, YOUR TIME IS UP. THANK YOU. OH, WHAT A SHAME. I THOUGHT THIS WAS AMERICA. THAT'S SAD. ALRIGHT. YOU HAD YOUR THREE MINUTES. THE NEXT PERSON IS KYLE COOPER. YOU HAVE THREE MINUTES. HELLO. KYLE COOPER REALTY CAPITAL, 909 LAKE CAROLYN PARKWAY, IRVING, TEXAS. FLOWER MOUND COUNCIL MEMBER S. I WOULD LIKE TO COMMENT ON A CONSENT AGENDA ITEM RELATED TO THE IFC LOCAL ORDINANCE AMENDMENT. I'D LIKE TO PREFACE MY COMMENTS WITH THIS. AS REAL ESTATE DEVELOPERS, IT IS OUR UTMOST PRIORITY TO DESIGN, BUILD, AND MANAGE OUR PROPERTIES WITH THE LIFE SAFETY OF OUR RESIDENTS, TENANTS, AND EMPLOYEES IN MIND. WE HAVE THE UTMOST RESPECT FOR THE PUBLIC SAFETY OFFICIALS THAT REVIEW AND APPROVE OUR PLANS, AND FOR THOSE IN THE FIRE DEPARTMENT WHO PROTECT OUR SAFETY EVERY DAY. WE ARE HERE TONIGHT TO SIMPLY STATE FACTS. REALTY CAPITAL HAS FINANCED AND BUILT MULTIPLE PROJECTS IN THE TOWN THAT WILL BE HEAVILY AFFECTED BY THE AMENDMENT PROPOSED TONIGHT THAT LIMITS EV CHARGERS CHARGERS TO BE LOCATED ON THE GROUND FLOOR OF A PARKING GARAGE, AMONGST OTHER CRITERIA. THESE PROJECTS, SPECIFICALLY 3111 SUNSET IN THE LAKESIDE RESTAURANT PARKING GARAGE, BOTH LOCATED IN LAKESIDE VILLAGE, WERE BOTH PERMITTED UNDER PREVIOUS DEVELOPMENT CODES AND HAD INFRASTRUCTURE TO SUPPORT EV CHARGERS SHOWN ON MULTIPLE LEVELS OF THE PARKING GARAGES IN THE CONSTRUCTION DOCUMENTS. THESE CONSTRUCTION DOCUMENTS WERE APPROVED BY THE TOWN BEFORE CONSTRUCTION BEGAN, AND BOTH PROJECTS HAVE SINCE BEEN COMPLETED. [00:15:04] OUR COMPANY HAS APPROXIMATELY $200 MILLION DIRECTLY INVESTED IN THESE STRUCTURES, AND PROVIDING EV CHARGERS IN SECURE LOCATIONS IS A MAJOR PART OF THE MARKETABILITY OF THESE BUILDINGS. IT IS OUR BELIEF THAT THESE BUILDINGS SHOULD NOT BE HELD TO THIS AMENDMENT AND THUS BE GRANDFATHERED IN. SINCE WE ALREADY RECEIVED MUNICIPAL APPROVAL AND COMPLETED THE ROUGHENED WORK NEEDED TO INSTALL SAID EV CHARGERS, IT IS OUR UNDERSTANDING, PER RECENT CONVERSATIONS WITH THE TOWN FIRE DEPARTMENT, THAT SIMILAR CODE AMENDMENTS WILL LIKELY BE ADOPTED BY SURROUNDING MUNICIPALITIES IN NORTH TEXAS, INCLUDING COMPETING CITIES, TO FLOWER MOUND FOR THE SAKE OF THE ECONOMIC DEVELOPMENT OF HIGH QUALITY PROJECTS LIKE LAKESIDE VILLAGE. WE HOPE THIS IS A CERTAINTY. OTHERWISE, WE WILL BE AT A MAJOR DISADVANTAGE WHEN IT COMES TO COMPETING FOR TENANTS AND CUSTOMERS. THE PUBLIC EDUCATION, AWARENESS OR PERCEPTION, WHATEVER YOU WANT TO CALL IT, SIMPLY IS NOT WHERE THIS FIRE CODE AMENDMENT IS TAKING THIS MATTER, AND WE COULD ULTIMATELY LOSE OUT. I WANT TO CLOSE BY POINTING OUT THAT REALTY CAPITAL INTENDS TO BUILD A LUXURY MARRIOTT AUTOGRAPH COLLECTION HOTEL AND CLASS A OFFICE BUILDING WITH TWO FLOORS OF UNDERGROUND PARKING. IF THIS FIRE CODE AMENDMENT IS ADOPTED, THAT PROJECT WILL NOT BE ABLE TO OFFER A SINGLE EV CHARGER TO ITS HOTEL PATRONS OR OFFICE TENANTS. THAT IS A DAUNTING THOUGHT IN A DAY AND AGE WHERE ELECTRIC VEHICLES ARE MORE AND MORE IN DEMAND EVERY DAY. THANK YOU. THANK YOU. OKAY, THEN WE HAVE JAMES. I CAN'T READ THE LAST NAME. I DON'T KNOW IF IT'S ADAMS. YOU CAN SAY? YEAH, JUST JAMIE ADAMS AT SEVEN, THREE, SEVEN. RED WING IN LOUISVILLE. I'M HERE TO TALK ABOUT THE EV BAYS THROUGHOUT THE PARKING GARAGES. WE WORK FOR MULTIPLE AGENCIES AND APARTMENT COMPLEXES ALL THROUGH THE CITY. AND SOME OF THE PROBLEMS THAT WE COME ACROSS ON THOSE EVS IS THE HEAT THAT THEY PUT OFF WHEN THEY ARE ON FIRE. WE HAVE FIVE LOCATIONS THAT HAVE STRUCTURE BAYS JUST FOR THEM. IF THEY'RE PUT OFF IN THESE PARKING GARAGES, YOU GOT A PRETTY BAD EXPLOSIVE GOING ON THERE WITH THE HEAT THAT WILL PRODUCE AND THEN THE GASOLINE CARS AROUND THEM. NOW, I KNOW WE DO SOME EMERGENCY RESPONSES, BUT PUTTING OUR WHEEL LIFTS AND THIS AND OUR DRIVERS IN DANGER. EACH TIME WE GO INTO THOSE GARAGES ALONE, LET ALONE THE CAPACITY OF THE HEAT THAT'S GOING ON IN THERE. BUT SEVERAL LEVELS, YOU KNOW, SOME OF THE EVS ARE VERY HEAVY. AND WHEN WE PULL THEM OUT, THEY LITERALLY ALMOST LIFT OUR WHEELS OFF THE GROUND. SO THAT'S DANGEROUS TRYING TO GET THEM OUT ANYWAY. BUT ON FIRE, THAT'S ALMOST IMPOSSIBLE TOO. I WANTED TO LET YOU KNOW THAT THE CHARGING STATIONS, WHEN YOU HOOK UP THE VEHICLE, LOCKS AROUND THAT CHARGER THAT PUTS INTO THE PORT THERE. SO IT'S REALLY ONCE YOU GET THERE, YOU'LL HAVE TO RIP THAT FROM THE WALL TO EVEN GET IT OUT OF THE PARKING GARAGES IF IT DOES CATCH FIRE. AND THAT'S ALL I HAVE TO SAY. THANK YOU. THANK YOU. THERESA DO WE HAVE ANY MORE PUBLIC COMMENT CARDS? OKAY. DOES ANYONE IN THE CROWD WANT TO MAKE A PUBLIC COMMENT BEFORE WE CLOSE IT. OKAY. WE'RE CLOSING PUBLIC COMMENT. THE NEXT ITEM ON THE AGENDA IS ANNOUNCEMENTS. [E. ANNOUNCEMENTS] I WANT TO START OUT BY SAYING THIS WEEKEND WE HAVE ON SATURDAY, CHALK THE WALK AT 9 A.M. AT HERITAGE PARK. COME OUT THERE. IT'S SO MUCH FUN. THE ART IS UNBELIEVABLE WITH CHALK. AND YOU CAN DO YOUR OWN ART IF YOU WANT. THEY'LL HAVE ALL THE SUPPLIES OUT THERE. THEN WE ALSO HAVE THE GIBSON GRANT LOG HOUSE DEDICATION. THIS IS FOR IT BEING RECORDED AS THE TEXAS HISTORICAL LANDMARK. IT'S PRETTY COOL. THEY'RE GOING TO HAVE A REALLY NICE DAY. A LOT OF EVENTS OUT THERE AT THE GIBSON GRANT LOG HOUSE. SO I HIGHLY RECOMMEND YOU COME OUT THERE. THAT STARTS AT 10 A.M., AND I DON'T KNOW HOW LATE IT GOES. DOES ANYBODY? IT'LL BE A FEW HOURS, I THINK. BUT THERE'S STUFF FOR KIDS. ADULTS. IT'S GREAT FUN. ANYONE ELSE HAVE ANY ANNOUNCEMENTS? JUST ONE. SENIORS IN MOTION IS HAVING ELITE CHEF COMPETITION. JUNE 19TH. IT'S $25 TO TRY ALL THE DIFFERENT CONCOCTIONS THE LOCAL CHEFS MAKE. AND THAT DONATION GOES TO SENIORS IN MOTION. SO GO OUT AND SUPPORT OUR SENIORS. ALL RIGHT. OKAY. WE'RE GOING TO GO AHEAD AND MOVE ON. WE DON'T HAVE ANYTHING ON THE TOWN MANAGER'S REPORT THIS EVENING UNLESS. JAMES, YOU'VE ADDED SOMETHING. OKAY. WE'LL GO AHEAD AND MOVE FORWARD TO FUTURE AGENDA ITEMS. [00:20:03] DOES ANYONE HAVE ANYTHING THEY WANT TO ADD TO THE AGENDA? NO. OKAY. COORDINATION OF CALENDARS. WE HAVE A MEETING. [H. COORDINATION OF CALENDARS] A REGULAR MEETING ON JUNE 16TH. THEN WE WILL HAVE A WORK SESSION ON JUNE 19TH. OH, NO. SORRY. IT'S CANCELED. THAT ONE'S CANCELED. THAT'S IT. SO EVERYBODY CAN MAKE JUNE 16TH. YEP. OKAY. SO. TONIGHT WE'VE HAD A REQUEST [I. CONSENT ITEM(S)] FOR ON OUR CONSENT ITEMS FOR ITEM TWO TO BE REMOVED. WITHDRAWN. SO I DON'T KNOW IF YOU ALL WANT TO WITHDRAW THAT, AND WE CAN EITHER TALK ABOUT IT TONIGHT. CHIEF HENLEY IS HERE. HE CAN PRESENT ON THIS ITEM TONIGHT, OR WE CAN TABLE IT FOR ANOTHER TIME. WHAT WOULD YOU ALL. ARE YOU SAYING THAT THE. WE NO LONGER WISH TO HAVE THAT ON OUR AGENDA? WE CAN. WE CAN DISCUSS IT TONIGHT. WE CAN TAKE WE CAN REMOVE ITEM TWO AND WE CAN DISCUSS IT TONIGHT. CHIEF HENLEY HAS A PRESENTATION. OH, YEAH. OKAY. HE CAN. DEFINITELY. I'D LIKE TO PULL. YES, I'D LIKE TO PULL ITEM TWO BECAUSE OF THE FEEDBACK WE'VE RECEIVED. YEAH. AND WE CAN DISCUSS IT TONIGHT. OR WE CAN TABLE IT TO ANOTHER NIGHT. I PROPOSE THAT WE DO IT TONIGHT IF WE CAN. YEAH. OKAY, GREAT. ALL RIGHT, CHIEF, YOU'RE GOOD WITH THAT. RIGHT. ALL RIGHT, SO DOES ANYONE WANT TO MAKE A MOTION FOR THE REMAINING ITEMS? MOVE TO. MOVE TO APPROVE CONSENT ITEMS I1 AND I3 THROUGH I6 AS PRESENTED. SECOND. OKAY. THERESA IF YOU'LL TAKE IT. COUNCIL MEMBER DREW AYE. DEPUTY MAYOR PRO TEM SCHIESTEL. AYE. MAYOR PRO TEM MARTIN. AYE. COUNCIL MEMBER TAYLOR. AYE. COUNCIL MEMBER WARNER. AYE. OKAY. CONSENT ITEMS ONE AND THREE THROUGH SIX PASS BY UNANIMOUS VOTE AND WE WILL DISCUSS ITEM TWO TONIGHT. [I.2. 2021 IFC for Electric Vehicle Chargers - Consideration to amend 2021 International Fire Code, Ordinance 23-22 2021, adopted by the Town Council on April 18, 2022, with the addition of Section 322 covering Electric Vehicle Charging Stations for Commercial Properties, to include commercial, mixed-use and multifamily (structures and spaces) parking.] AND WITH THAT, WE'LL JUST START WITH THAT CONSENT ITEM. IF CHIEF HENLEY IF YOU WANT TO COME ON UP. GOOD EVENING, MAYOR AND COUNCIL. FIRST OFF, I WANT TO THANK THOSE THAT GOT UP AND SPOKE. AND I WANT TO REITERATE AS KYLE SAID FROM REALTY CAPITAL, WE WANT THE SAME THING, RIGHT? WE WANT EVERYBODY TO BE SAFE. WE WANT LOTS OF SAFE DEVELOPMENT. WE WANT TO DO THE RIGHT THING FOR THE RIGHT REASONS, FOR SURE. AND I AM UP HERE TO GIVE YOU SUGGESTIONS AND RECOMMENDATIONS. YOUR JOB IS TO MAKE THOSE DECISIONS. AND WE CAN GO FROM THERE. SO I REALLY WANT TO TELL YOU HOW WE GOT TO WHERE WE'RE AT AND WHY WE'RE AHEAD OF THE CURVE. AND IN 2023, WE HAD A TEEX, WHICH IS THE TEXAS EXTENSION. THEY HANDLE ALL STATE TRAINING. WE HAD AN EV SUMMIT BECAUSE WE NOTICED THAT THIS WAS BECOMING MORE AND MORE PREVALENT. EV CALLS, EV FIRE CALLS AND CRASHES AND SOME OTHER THINGS THAT HAPPEN TO THESE BATTERIES. SO WE BROUGHT IN A LOT OF EXPERTS. WHAT WE ARE ABLE TO DO WAS IDENTIFY THE PROBLEM. SO WE HAD AWARENESS. WE DISCOVERED THAT WE WERE BEHIND THE CURVE AS AN INDUSTRY AND WE LOOKED AT STATISTICS AND PREVALENCE OF THESE THINGS. AND WE TRIED TO IDENTIFY GAPS AND HOW WE CAN CATCH UP. I HAPPEN TO BE THE PRESIDENT OF THE TEXAS FIRE CHIEFS AT THE TIME. AND SO I WAS KIND OF PRIVY TO A LOT OF INFORMATION. IT WAS THIS WAS A SMALL GROUP AT THE SUMMIT, MAYBE ABOUT 50 PEOPLE STATEWIDE. AND FROM THERE AND THE THINGS THAT WE LEARNED FROM LEADING INDUSTRY EXPERTS, FROM EV MANUFACTURERS TO SEATTLE FIRE DEPARTMENT, WHO HAS AN ENERGY RESPONSE UNIT THAT RESPONDS TO A LOT OF THESE, AND ALSO ESSS, WHICH ARE ENERGY STORAGE SYSTEMS FOR HOMES. WE THEN CAME OUT OF THAT MEETING AND SAID, HOW DO WE HOW DO WE GET BETTER AT THIS? AND SO WE CONVENED A ROUNDTABLE OF EXPERTS, AND WE KIND OF LED A COALITION TO TAKE A LOOK AT HOW WE CAN CATCH UP. THAT WAS THE FIRE MARSHAL FROM FRISCO, OUR FIRE MARSHAL , JASON BOLEJACK, FIRE MARSHAL OFFICE IN DENTON AND IRVING ARLINGTON, A FEW OTHERS. IN IN FLOWER MOUND, FOR EXAMPLE. THAT SUMMIT LED US TO GET BETTER COMMUNICATION WITH OUR BUILDING DEPARTMENTS BECAUSE WE DIDN'T EVEN REALIZE THAT'S WERE GOING IN TO SOME OF THESE HOMES. AND THAT'S DANGEROUS FOR US AND OUR POLICE OFFICERS AS FIRST RESPONDERS. THAT WHITE SMOKE MIGHT NOT BE SMOKE. IT MIGHT BE GASES. AND A UNIT THAT'S BEEN DAMAGED, WHICH COULD BE FATAL. [00:25:02] IF YOU DON'T HAVE THE PROPER GEAR ON. SO THAT'S ONE OF THE THINGS WE DID IS IT STARTED IDENTIFYING AND WORKING WITH OUR BUILDING OFFICIALS AS WELL AS OUR GIS. AND SO NOW THEY SEND US A REPORT EVERY MONTH AND WE PLOT THEM ON GIS PUT THEM ON OUR CAD SO THAT WE KNOW. SO TO BE AWARE AND TO HAVE THAT KNOWLEDGE MAKES IT SAFER FOR OUR FIREFIGHTERS AND POLICE OFFICERS. SO WE THEN GOT THIS GROUP AND WE PRESENTED IT TO COG, AND WE WERE ABLE TO INFORM OUR COUNCIL OF GOVERNMENT AT NORTH TEXAS COUNCIL OF GOVERNMENT KIND OF BEST PRACTICES. AND WHAT WE'RE LEARNING FROM NOT ONLY THE HEAT OF THESE FIRES AND SOME OTHER THINGS. AND THEY CAME UP WITH THESE COG AMENDMENTS LIKE THEY DO EVERY YEAR WHEN WE'RE TALKING ABOUT FIRE CODE AND BUILDING CODE. AND WE WANTED TO AT LEAST GO IN AND LOOK AT HOW WE GET SHUTOFFS FOR THESE. THAT WAS OUR INITIAL IDEA. BOLLARDS AND SIGNAGE TO MAKE SURE THEY CAN BE PROTECTED AND PEOPLE ARE AWARE OF THEM AND HOW WE LIMIT AND WHAT WE KNOW ABOUT THE POTENTIAL DANGERS. AS YOU KNOW, LAST OCTOBER, I CAME HERE AND BRIEFED THE COUNCIL ON YOUR FEEDBACK TO SEE WHAT YOU WHAT YOUR THOUGHTS WOULD BE. AND SO THIS IS KIND OF AN EMERGING THREAT, NOT ONLY LITHIUM BATTERIES THEMSELVES, WHICH ARE SPARKING A LOT OF FIRES FOR OVERCHARGING AND SOME OTHER THINGS. BUT WHEN YOU ADD THESE CAR BATTERIES AND BASICALLY THEY'RE JUST BUNDLES OF BATTERIES PACKED TIGHTLY TOGETHER. AND SO WHAT MAKES THEM UNIQUE IS THE SUSTAINED HEAT OUTPUT. THESE CAN REACH TEMPERATURES UP TO 4000 DEGREES WHERE AN ICE OR AN INTERNAL COMBUSTION ENGINE, THEY ONLY CAN REACH, YOU KNOW, MAYBE 2000 DEGREES. AND THE DIFFERENCE THERE IS THEY ARE PUT OUT BY WATER. THERE'S NO EXTERNAL OXYGEN NEEDED FOR THESE EV FIRES BECAUSE THEY MAKE THEIR OWN. AND AS THE THERMAL RUNAWAY GETS GOING, WHICH WE'LL TALK ABOUT, THIS SUSTAINED CHEMICAL REACTION KEEPS GOING. SO OUR CONVENTIONAL METHODS OF SUPPRESSION AND SMOTHERING AND ALL THOSE THINGS, THEY DON'T WORK WITH AN EV FIRE. AND THE INTENSE RADIANT HEAT, ALSO THE COMBUSTIBLE GASES AND VOCS THAT THEY'RE GIVING OFF HAZARDS AND RISK ASSOCIATED WITH IT. GASOLINE CARS. YOU HAVE EXPLOSION AT THE FUEL TANK IGNITES. THERE'S TOXIC SMOKE FROM ALL THE PLASTICS AND YUCKY STUFF. WITH ELECTRIC CARS, THERE'S A LOT MORE TOXIC GASES AND HEAVY METALS RELEASED. THERE'S ALSO ELECTRICAL THE COMPONENT. SO IF IT'S AN EV FIRE AND YOU SPRAY WATER ON ANYTHING ELECTRIC, THERE'S INHERENT RISK IN THAT AS WELL. WE CAN'T PUNCTURE THE UNITS BECAUSE WE'LL BE ELECTROCUTED LIKE A PIERCING NOZZLE, WHICH WE'LL TALK ABOUT A LITTLE BIT. AND A BIG FEAR IS THE RISK OF DELAYED IGNITION OR RE-IGNITION AFTER IT APPEARS THAT IT'S OUT. SO IN TERMS OF FIRE ORIGIN AND GASOLINE CARS, THEY'RE USUALLY FROM FUEL LEAKS, FUEL LEAKS, HOT EXHAUST SYSTEMS, ENGINE OVERHEATING, COLLISIONS WITH ELECTRIC. THEY ALL THAT'S THE LITHIUM BATTERIES THAT ARE FAILING. AND IT'S USUALLY DUE TO IMPACT THAT WAS SUSTAINED SOME FLOODING, A MANUFACTURER DEFECT, RECALLS AND OVERCHARGING. MOST OF THEM HAVE PROTECTIONS IN PLACE THAT PREVENT OVERCHARGING. BUT AS WE ALL KNOW, AS MY JOB IS TO PLAN FOR THE WORST AND HOPE FOR THE BEST, AND I'VE GOT TO LOOK AT WHAT POTENTIALLY COULD HAPPEN. SO WE'LL TALK ABOUT SOME OF THOSE CHARGING LATER, A LITTLE MORE IN DETAIL IN A BIT. SO FIRE BEHAVIOR AND GAS CARS, WE CAN GET THERE. WE CAN PUT THEM OUT. IT'S IT'S A TYPICAL BREAD AND BUTTER. THEY GO OUT, YOU KNOW, YOU PUT SOME WATER ON THERE, THEY GO OUT. SO WHEN YOU'RE TALKING ABOUT WHEN WE'RE STRETCHING A BUMPER LINE OFF THE FRONT OF THE ENGINE OR OFF THE SIDE OF THE ENGINE, THAT'S AN INCH AND THREE QUARTER HOSE, THAT WILL GIVE YOU ABOUT 175 TO 200 GALLONS A MINUTE OF WATER. YOU CAN PUT OUT A GAS FIRE WITH THAT. THAT A CAR FIRE. THAT'S GAS. GASOLINE CAR, DIESEL CAR, ELECTRIC CARS. THEY GO AND GO QUICK, RIGHT? SO IF THERE'S THERMAL RUNAWAY INVOLVED AND THE BATTERIES ARE INVOLVED, THEY GET SO HOT AND COPIOUS AMOUNT OF WATER WILL NOT PUT THEM OUT. YOU HAVE TO EITHER SUBMERGE THEM FOR DAYS AT A TIME, AND UNTIL THAT, YOU KNOW, EVERYTHING'S DONE. AND THEY'RE GOING TO LAST. A LOT LONGER AND A LOT HOTTER AS THE THERMAL RUNAWAY HITS BATTERY AFTER BATTERY AFTER BATTERY AFTER BATTERY. SO FOR US GOING INTO THAT AGAIN, THIS SMOKE, ALL THE YUCKY STUFF THAT'S OUT THERE NOW WE'RE PROTECTED FROM THE BREATHING BUT THE HEAVY METALS ACTUALLY GET INTO WHATEVER YOU'RE WEARING. OUR BUNKER GEAR IS NO EXCEPTION. WHEN OUR BUNKER GEAR IS EXPOSED TO THOSE TYPES OF HEAVY METALS, THAT $6,000 PAIR OF BUNKER GEAR, WE'RE JUST GOING TO THROW IT IN THE TRASH BECAUSE IT'S GOING TO COST ABOUT $3,000 TO CLEAN IT, [00:30:06] AND THEN YOU'RE STILL NOT GOING TO GET ALL THE HEAVY METALS OUT. AND SO YOU GOT TO SEND IT TO A SPECIAL CLEANING PROCESS, WHICH IS DIFFERENT THAN OUR NORMAL EXTRACTORS. YOU HAVE TO DO A CARBON DIOXIDE CLEANING, WHICH IS SUPER EXPENSIVE FOR THESE, FOR THIS GEAR. SO HOW WE EXTINGUISH IT, WE CAN USE WATER OR FOAM OR OTHER TECHNIQUES WHEN IT'S A GAS CAR. THE PANCAKE THING NOZZLE WORKS GREAT BECAUSE IT CAN GET UP UNDER THERE AND GET WATER UP. ONCE THE FUEL IS CUT OFF, THE FIRE IS USUALLY CONTROLLABLE WITH ELECTRIC CARS. LOTS AND LOTS AND LOTS OF WATER. RIGHT. SO FOAM IS INEFFECTIVE AND OTHER TECHNIQUES ARE INEFFECTIVE. I THINK I'VE TOLD JAMES MANY TIMES THAT YOU MIGHT SEE IF WE DON'T PUT OUT AN EV THAT'S OUT IN THE OPEN, LET'S SAY ON THE ROAD OR WHATEVER, I MIGHT GET SOME CRITICISM ON SOCIAL MEDIA BECAUSE I'M NOT PUTTING IT OUT. WELL, THAT'S THE BEST THING FOR THE ENVIRONMENT, BECAUSE IF I PUT WATER IN THOSE CELLS THAT ARE DAMAGED. IT'S GOING TO GET ALL THAT YUCKY STUFF AND PUT IT IN OUR WATER SYSTEM, RIGHT? IF WE DON'T LIKE IT AND DAM IT AND DO THE THINGS WE NEED TO DO TO COLLECT IT, BECAUSE ONCE THE BATTERY IS INVOLVED, IT'S BASICALLY A HAZMAT INCIDENT AT THAT POINT. THERE'S NEW METHODS OF EXTINGUISHMENT, LIKE THE BLANKETS. SO WHAT IF THERE'S AN ACCIDENT ON THE FREEWAY AND THE ACCIDENT IS UNDER A BRIDGE, LET'S SAY I CAN USE A BLANKET. I CAN COVER THAT REAL QUICK WHILE I EITHER MOVE THE CAR OR KEEP COOLING THAT BRIDGE OR EMBANKMENT OR WHATEVER THAT IS, BECAUSE IT GETS SO HOT. AND CONCRETE IS KNOWN TO SPALL IN HIGH HEAT. DEPENDING ON THE MOISTURE CONTENT OF THE CONCRETE WILL BEGIN TO SPALL ABOUT 212 DEGREES. AND AGAIN, WE'RE TALKING HIGH, HIGH TEMPERATURES HERE. SO TO PROTECT THAT INFRASTRUCTURE WE CAN PUT A BLANKET OVER IT. NOW, WHAT THE BLANKET MAY DO IS IT WILL NOT SUPPRESS IT FOR I MEAN, IT DOES SUPPRESS SOME OF THE VAPORS GOING AND IT WILL NOT PUT OUT THE FIRE, BUT IT WILL PROTECT STRUCTURE. BUT IF YOU KEEP THAT ON THERE TOO LONG AND THOSE GASES BUILD UP, THERE'S AN EXPLOSION HAZARD THAT COULD HAPPEN. SO YOU HAVE TO BE TRAINED IN THE BLANKETS. AND THE BLANKETS ARE VERY EXPENSIVE AS WELL. BUT THEY DO THE JOB IN THE MOMENT THEY NEED TO DO THE JOB. HIGH VOLUME SPRINKLERS. AGAIN, THERE'S NOT ENOUGH WATER THAT'S GOING TO PUT THEM OUT IF THE BATTERIES ARE INVOLVED. AND FULL SUBMERSION IN WATER IS REALLY THE BEST PRACTICE. OR LEAVE THEM ISOLATED IN A WAY THAT IF THEY DO CATCH OFF, THEN THEY'LL BE LIMIT THE EXPOSURE DAMAGE. AGAIN, THE PANCAKE NOZZLES WE TALKED ABOUT, WHEN YOU PUSH THOSE UNDER A REGULAR CAR, THERE'S NOT ALL THE BATTERY COMPARTMENT THAT. SO NOTHING'S IMPEDING THE WATER GETTING TO WHERE IT NEEDS TO GO HERE. THOSE BATTERIES ARE PRETTY MUCH EVEN IF IT'S A PUNCTURE, IT'S ONLY GOING TO GET THAT LITTLE PIECE. THERE'S THERMAL RUNAWAY THAT'S GOING TO HAPPEN THROUGHOUT THE BATTERY. PIERCING NOZZLE AGAIN, THAT WOULD THAT WOULD KILL THE GUYS TRYING TO DO THAT. AND AGAIN, LETTING IT BURN IS THE BEST THING FOR THE ENVIRONMENT. SO THERMAL RUNAWAY IS WHAT HAPPENS WHEN THESE BATTERIES INCREASE IN TEMPERATURE. AND IS THIS SELF-PROPAGATING THEY GET HOTTER AND HOTTER AND HOTTER AND LIGHTS OFF. THE NEXT ONE LIGHTS OFF, THE NEXT ONE LIGHTS OFF, THE NEXT ONE LIGHTS OFF THE NEXT ONE. AND IT'S A RAPID RISE IN TEMPERATURE VERY QUICKLY. IT CAN LOTS OF DAMAGE, LOTS OF COULD BE AN EXPLOSION HAZARD. AND THEY'RE JUST YOU JUST CAN'T PUT ENOUGH WATER ON THEM. I CAN'T STRESS THAT ENOUGH. AND THEN EXCESSIVE HEAT OR OVERCHARGING CAN LEAD TO CHANGE OR CHAIN REACTIONS. YOU SEE A LOT OF LITHIUM BATTERY FIRES, NON-CORRELATED WHERE THOSE ARE INCREASING AND INCREASING AND INCREASING, ESPECIALLY SINCE SOME OF THE SMALLER LITHIUM BATTERIES ARE MADE AT OTHER PLACES THAT MAYBE DON'T HAVE THE SAME STANDARDS AS WE HAVE HERE. UNITED STATES AND THESE CHEAPER BATTERIES ARE PRONE TO OVERCHARGING AND NOT SELF LIMITING. OR IF YOU DROP YOUR DEWALT CHARGER OR YOUR BATTERY, THAT POTENTIALLY COULD LIGHT OFF YOU'VE SEEN THE SCOOTERS, YOU'VE SEEN THE E-BIKES, YOU'VE SEEN LOTS OF FIRES. AND WE'VE HAD A FEW OF THOSE HERE IN FLOWER MOUND BECAUSE OF THOSE BATTERIES AND EV FIRES. AND WE'LL TALK A LITTLE BIT LATER THERE, ABOUT 25 PER 100,000. BUT ONE OF THE NOTABLE CLOSEST TO HOME WAS ONE JUST SIX MONTHS AGO. IT HAPPENED TWICE. AND THE AUCTION SPACE RIGHT ACROSS 35 WEST FROM FLOWER MOUND AND ABOUT 70 CARS WERE UP IN FLAMES. WE ACTUALLY WERE THE FIRST RESPONDERS ON THAT CALL. AND IT WAS ALL DUE TO AN EV BATTERY. THESE THERMAL RUNAWAY SELF ACCELERATION. AGAIN, THERE ARE LOTS OF THINGS TIGHTLY PACKED TOGETHER, HIGH HEAT AND THAT HIGH HEAT IS NOT ONLY CONTAINED THERE, [00:35:03] BUT THEN THE RADIANT HEAT AROUND IT AGAIN, CAN BURN FROM ANYWHERE FROM 1700 TO 4000 DEGREES, ESPECIALLY WITH THERMAL RUNAWAY. AND IT'S NOT AS GRADUAL CLIMB AS LIKE A COMBUSTION ENGINE. IT CAN ONCE THERMAL RUNAWAY HITS EXPLOSIVE HEAT AND AGAIN, BACK TO THE CONCRETE. THEY CAN START SPALLING AT 212 DEGREES. AND NOW YOU'RE TALKING ABOUT 3000, 4000 DEGREES. I DON'T KNOW WHAT IT'S DOING TO THAT STRUCTURE. AND IF YOU HAVE ALL THESE THINGS ON TOP OF THAT STRUCTURE, I DON'T KNOW WHAT IT'S DOING AND I DON'T I CAN'T I DON'T THINK THAT ANYONE REALLY YET KNOWS WHAT IT'S DOING. THIS IS STILL A TECHNOLOGY THAT'S PRETTY MUCH IN ITS INFANCY IN TERMS OF AS IT'S PROGRESSING AND WE'RE MOVING ON FROM LITHIUM ION NOW TO SODIUM ION, AND THEY'RE GOING TO SOLID STATE AND A LOT OF DIFFERENT, DIFFERENT METHODS. MY JOB IS TO TRY TO KEEP UP WITH THAT AND TRY TO BE AS SAFE AS WE CAN. AND I REALLY WANT TO TAKE THIS OPPORTUNITY TO SAY, I WANT NOTHING MORE THAN FLOWER MOUND TO FLOURISH AND DEVELOP AND BE BEAUTIFUL. BUT MY JOB IS TO MAKE SURE EVERY ONE OF THOSE BEAUTIFUL RESIDENTS IS AS SAFE AS THEY CAN BE. SO IT'S VERY DANGEROUS WITH THE RADIANT HEAT AND THE SMOKE. HE. KYLE MENTIONED SOME UNDERGROUND PARKING STRUCTURES. SO NOW YOU'RE TAKING A DANGEROUS SITUATION. SITUATION AND ELEVATING IT TO NEW HEIGHTS. SO IT'S ALMOST LIKE FIGHTING A BASEMENT FIRE. SO ALL THAT HEAT AND SMOKE FROM WHEREVER IS COMING UP. SUPER HOT GASES, SUPER HOT. EVERYTHING COMING UP TO MY GUYS GOING IN. THERE'S INVISIBLE FLOW PATHS OF HEATED GASES THAT WILL JUST PASS RIGHT THROUGH OUR PROTECTIVE GEAR AND KILL THESE GUYS IF THEY'RE IN THAT FLOW PATH. IT'S JUST WHAT IT IS. THE HIGH HEAT AND THE PREVALENCE COULD BE LOW, BUT IT'S THERE. IT'S HAPPENED. IF YOU LOOK AT SOUTH KOREA, IF YOU LOOK AT THE UK, IF YOU LOOK AT JUST IN OUR BACKYARD, IT WAS IN A PARKING STRUCTURE. BUT MANY CITIES ARE STARTING TO RETHINK WHY THIS IS AN IDEA. AND IF, IF, IF YOU VISUALIZE IT, WOULD YOU PUT A GAS PUMP ON EVERY LEVEL OF A PARKING GARAGE? YOU WOULD NOT. BUT THIS IS ESSENTIALLY ALMOST THE SAME THING, RIGHT? IT'S A DIFFERENT FUEL, BUT IT'S STILL FUEL. AND SO I REALLY WANT TO MAKE SURE THAT PEOPLE KNOW THAT THIS HEAT AND THE SMOKE WILL TRAVEL UP. SO IT'S GOING TO GO ABOVE TO WHATEVER IS ABOVE THEIR UNTIL WE CONTAIN IT. IF WE CAN ENGINEER PARKING STRUCTURES THAT MAKE SENSE WITH PADGENITE ALL AROUND, EVERY PIECE OF CONCRETE AND VENTILATION, THAT MAKES A LOT OF SENSE, AND YOU ENGINEER IT FROM DAY ONE. THAT'S A DIFFERENT STORY THAN SAYING, HEY, LET'S JUST THROW SOME CHARGERS IN HERE AND HOPE FOR THE BEST. NOW WE'RE GOING TO TRY TO DO EVERYTHING WE CAN TO MITIGATE WHATEVER WE CAN MITIGATE. AND I CAN'T SPEAK TO GRANDFATHERING OR WHERE I KNOW THEY'RE PERMITTED AND THAT WOULD BE A BRAIN QUESTION. BUT FOR ME, I'M TRYING TO WHATEVER. IF WE HAVE A KNOWN, WE CAN DEAL WITH ONE, BUT I WANT TO LIMIT THAT AND EXPOSURE TO OUR RESIDENTS, AND I WANT TO LIMIT THAT EXPOSURE TO OUR MEN AND WOMEN THAT HAVE TO FIGHT THESE FIRES. SO COGS ROLL, JUST SO YOU KNOW, IS THEY LOOK AT OUR INTERNATIONAL BUILDING CODES, OUR INTERNATIONAL FIRE CODES, AND THEY WILL SUGGEST AMENDMENTS. SO BASED ON THAT CONVERSATION I WAS DETAILING EARLIER, COG HAS MADE THEIR AMENDMENTS. THEY'VE BEEN THROUGH ALL THAT PROCESS. THESE WILL BE COMING OUT VERY SOON FOR CODE ADOPTION LIKE WE DO EVERY YEAR IN LATE FALL, I BELIEVE, WAS WHEN THOSE CODE ADOPTIONS USUALLY COME WITH CODE AMENDMENTS. AND SO IF YOU KIND OF LOOK HERE THAT THIS KIND OF DETAILS WHAT COGCOG IS IN THERE MINUTE AMENDMENT AND WHAT'S IN OUR AMENDMENT. WE AGAIN REALLY WENT HEAVY ON BOLLARDS AND SIGNING. WE'RE A LITTLE MORE STRICTER ON SOME OF THAT THINGS. BUT COG IS MORE IS STRICTER ON THE EV CHARGING IN TERMS OF SOME OF THE THINGS THEY'RE LOOKING AT PLACEMENT. WE HAVE BOTH HAVE VERY SPECIFIC PLACEMENT RULES SPRINKLER REQUIREMENTS. WE'RE GOING TO ADD A LITTLE BIT TO THAT JUST TO TRY TO KEEP SOMETHING IN CHECK. AND OVERALL COG IS GOING TO BE A LITTLE MORE RESTRICTIVE IN SOME AREAS. WE'RE GOING TO BE LESS RESTRICTIVE IN TERMS OF SPACE ALLOWANCE AND SOME OTHER THINGS. THE OTHER THING WHEN WE'RE TALKING ABOUT PARKING GARAGES, I MENTIONED JUST A LITTLE BIT WAS INGRESS AND EGRESS FROM THE STRUCTURE ITSELF, [00:40:02] HOW WE GET IN THERE AND HOW WE GET OUT. I MENTIONED THOSE HOSE LINES ARE ONLY ABOUT 175 GALLONS A MINUTE. SO IF THEY'RE ON HIGHER FLOORS, WE WOULD HAVE TO GO UP THE STAIRWELL, HOOK INTO THE STANDPIPE. THAT'S GOING TO GIVE US ABOUT 175 GALLONS A MINUTE. WON'T EVEN TOUCH WHAT WE'RE DOING. ALL THAT WOULD BE IS FOR CLEARING EXPOSURES. THEN WE'D HAVE TO FIGURE A WAY TO GET THE EXPOSURES OUT OF THE WAY, LET THAT BURN WITHOUT HURTING THE STRUCTURE. AND THEN CONTAINING THOSE GASES IN A WAY THAT DON'T GO ANYWHERE. THE SPRINKLER WILL START DUMPING WATER IF THE BATTERY IS INVOLVED AND THE YUCKY STUFF GETS OUT, IT'S GOING TO GO ALL THE WAY FROM THE FIFTH FLOOR TO THE FOURTH FLOOR, TO THE THIRD FLOOR, TO THE SECOND FLOOR, TO THE FIRST FLOOR OUT. AND IF WE DON'T CATCH IT, IT'S GOING TO GET IN GRAPEVINE LAKE WHERE THIS ONE IS. AND NO, I DON'T THINK ANYBODY WANTS THAT. I KNOW REALTY CAPITAL DOESN'T WANT THAT. AND SO WE WOULD HAVE TO MAKE SURE DIKING DAMMING. I WOULD HAVE TO COME ASK FOR SOME MORE EQUIPMENT TO MAKE SURE WE HANDLE THAT STUFF. AND MAKE SURE THAT'S GOING TO BE ONE OF THE FIRST THINGS WE TRY TO TAKE CARE OF WHEN WE'RE FIGHTING THESE TYPES OF FIRES. SO WHAT THEY'RE PROPOSING IN SOME OF THEIRS. SO LEVEL ONE IS THE PLUG IN. YOU DO IT AT HOME. YOU PLUG IT IN. THAT'S A SLOWER TRICKLE CHARGE. THAT'S THAT'S YOU KNOW, THAT'S HOME USE TYPE STUFF. THE LEVEL TWOS ARE A LITTLE A LITTLE HIGHER WATTAGE, A LITTLE FASTER CHARGING. AND THEN THE LEVEL THREES ARE REALLY THE SCARY ONES. BUT THOSE ARE COMMERCIAL REALLY, REALLY FAST. SO I KNOW IN THIS STRUCTURE THEY WERE PROPOSING LEVEL TWO CHARGERS AGAIN, ISSUES IN GARAGES, INGRESS EGRESS, THE ENVIRONMENTAL ISSUES LIKE WE TALKED ABOUT. I'M WORRIED THAT MUCH. LIKE IF SUSIE WAS AN ACCOUNTANT AND SHE HAS THIS OCCUPANCY, WHICH IS THE PARKING GARAGE, RIGHT. AND THEN SOMEBODY MOVES IN. THAT'S A CHEMICAL MANUFACTURER. THAT'S KIND OF WHAT WE'RE DOING. THESE THESE BUILDINGS WEREN'T DESIGNED FOR THESE EV CHARGERS AND HIGH HEAT. BECAUSE WE'RE JUST KIND OF PUTTING THEM IN THERE SO THAT'S THAT'S A WORRY FOR ME. THE RADIANT HEAT EXPOSURES AND ALL THE INCREASING ALARMS AND THE SYSTEMS THAT CITIES THAT HAVE THEM THE UNDERGROUND STRUCTURES CREATE A CHIMNEY EFFECT AND THEN THE RUNOFF OF HEAVY METALS. I CAN GO BACK TO THE COG AND SAY THAT, YOU KNOW, WE'RE ALTHOUGH WE'RE A LITTLE AHEAD OF THIS. I BROUGHT IT TO YOU IN OCTOBER. COG IS FOLLOWING SUIT, AND THEY'LL BE COMING TO THEIR THESE WILL BE COMING TO MANY CITIES. I KNOW FOR SURE FRISCO IS GOING TO BE ADOPTING THAT. I KNOW FOR SURE DENTON IS GOING TO BE ADOPTED. SOME OF THEM I KNOW ARLINGTON, I'VE WE WERE ON THE GROUP THAT SPURRED ALL THIS. THE PREVALENCE OF THESE FIRES, THEY'RE SMALL. ABOUT 15 TO 30% OF THEM HAPPEN WHILE THEY'RE CHARGING. THEY ONLY ACCOUNT RIGHT NOW FOR 25 OUT OF EVERY 100,000 VEHICLES. BUT IF YOU LOOK AT THIS CHART, IT'S TELLING. DID WE REALLY THINK ABOUT EVS IN 2010? THEY WERE THERE. BUT ALMOST AS AN ASIDE, THEY WERE JUST KIND OF THE CAVEAT. THEY WEREN'T ANYTHING. BUT AS THE PREVALENCE OF THESE HAPPENS, YOU SEE THE GROWTH IN THAT LAST YEAR WAS ONLY THROUGH JUNE. SO YOU COULD PROBABLY DOUBLE THAT. AND THAT'S WHERE THE NUMBER OF FIRES IS GOING UP. AND, YOU KNOW, WE'RE 15 TO 30% OF THEM OCCUR WHILE CHARGING. IF YOU TAKE A BEAUTIFUL BRAND NEW CAR AND A BEAUTIFUL BRAND NEW CHARGER AND PLUG THAT IN, PROBABLY NOTHING'S GOING TO HAPPEN. BUT I DON'T KNOW WHAT. WHO'S GOING TO BE PLUGGING INTO THOSE? I DON'T KNOW WHAT HAPPENED TO THEIR CAR BEFORE THEY WERE PLUGGED IN. I DON'T KNOW IF THEY JUST REPLACED THE BATTERY AND THEY GOT A CHEAPER BATTERY THAT THEY PUT IN THERE. I DON'T KNOW IF THEY HAD A SMALL COLLISION, THAT THEY DIDN'T REALIZE THERE WAS SOMETHING WRONG. AND WHEN THEY PLUG IT IN, SYSTEMS FAIL. AND NOW YOU'RE TALKING ABOUT A LOT OF BAD THINGS HAPPENING. AND SO WHY DOES YOU KNOW, WHY DO THEY DO THESE HAPPEN? THESE FIRES HAPPEN IS BECAUSE WHERE THEY SUBMERGED IN WATER AT SOME POINT DID THEY, WHICH MESSES UP THE ALKALINITY OF THE BATTERIES. RIGHT. WERE THEY A RECALL? IS IT A MANUFACTURER DEFECT, OR IS THERE SOMETHING BEFORE THAT HAPPENED THAT COULD CAUSE THEM TO GO INTO A THERMAL RUNAWAY? WE JUST DON'T KNOW. SO I HAVE A LOT OF REFERENCES HERE THAT I CAN SHOW YOU THROUGHOUT THE RESEARCH WE'VE DONE, THE REST OF THIS SLIDE, I THINK REALLY JUST KIND OF GOES OVER WHAT WE'RE PROPOSING AND WHY WE'RE PROPOSING IT. BUT I WANTED TO HIT REALLY ON THIS HERE. I THINK YOU GUYS CAN SEE THIS. THIS IS JUST RECENT REPORTS OF GARAGE FIRES AND THE IDEA THAT MAYBE IT'S NOT SUCH A GOOD IDEA. THERE WAS ONE IN SEOUL, KOREA THAT JUST HAPPENED. THAT WAS IT HURT A LOT, KILLED A LOT OF PEOPLE. A FEW PEOPLE HURT A LOT OF PEOPLE. AND THEY'RE STARTING TO RETHINK WHAT THEY'RE DOING THERE. [00:45:05] CITIES LIKE WASHINGTON, DC ARE RETHINKING WHAT THEY'RE DOING. AND ALL BECAUSE OF THE RISK THEY WERE PUT IN. THERE'S SEVERAL ALREADY OUT THERE IN FRISCO TO KYLE'S POINT THAT THEY JUST AGAIN, THE HORSE WAS OUT OF THE BARN, SO TO SPEAK. AND SO WE'RE NOW JUST TRYING TO MAKE IT AS SAFE AS POSSIBLE. I'D BE HAPPY TO GO THROUGH ALL THESE AMENDMENTS, OR I CAN HAVE OUR FIRE MARSHAL , JASON BOLEJACK, TALK ABOUT THE AMENDMENTS AND OUR SLIGHT DIFFERENCES AND EACH ITEM IN THE AGENDA. EXCUSE ME IN THE AMENDMENT IF YOU WOULD LIKE US TO, BUT I'M HAPPY TO ANSWER ANY QUESTIONS. AND I REALLY WANT TO MAKE THE POINT THAT I'M NOT TRYING TO HURT ANY DEVELOPMENT. I JUST WANT TO MAKE IT AS SAFE AS POSSIBLE MOVING FORWARD. CHIEF, COULD YOU PUT THE PRESENTATION BACK UP, PLEASE? AND SLIDE 12. I BELIEVE THAT SHOWED THE DIFFERENCES. YES. SO I WONDERED IF THERE WERE ANY BENEFIT TO EARLY, EARLY DETECTION. ARE YOU ABLE TO HAVE GREATER SUCCESS FIGHTING OR CONTAINING THE FIRE IF YOU HAVE VERY FAST RESPONSE ONCE THE THERMAL RUNAWAY HAPPENS? IT'S IT'S KIND OF TOO LATE. ONCE THAT HAPPENS IT'S GOING TO TAKE OFF ON ITS OWN. AND NO AMOUNT OF TIME US, EVEN IF IT'S EARLY, THAT WE GET THERE. AND BY THE TIME PROTECTION SYSTEMS GO OFF, THEY'VE ALREADY RECOGNIZED THE HEAT AND SMOKE, AND IT'S PROBABLY TOO LATE IF THE BATTERIES ARE INVOLVED. SO IF IT WAS BACK IN THE DAY WHEN PEOPLE SMOKED A LOT, RIGHT? WHEN THEY WOULD LEAVE THE CIGARETTE ON THE SEAT IN THE CAR, THEN THAT WOULD BE A DIFFERENT TYPE OF FIRE, RIGHT? IT WAS INTERIOR EASY TO PUT OUT. SAME SITUATION HERE IF SOMETHING LIKE THAT HAPPENED. EASY. WE COULD PUT THAT OUT. BUT IF THE BATTERIES ARE INVOLVED. NO. AND OUR CONCERN AT THAT POINT WOULD BE EXPOSURES. AND THEN HOW WE'RE MOVING EITHER THAT CAR BECAUSE THAT'S THE EASIEST. IF WE CAN GET THAT CAR MOVED THAT'S THE EASIEST BECAUSE EVERY IT'S OUT OF THE. BUT THAT'S HARD TO DO WHEN IT'S BURNING AT 4000 UP TO 4000 DEGREES. SO THAT'S THAT'S CONUNDRUM IS ESPECIALLY ON THE HIGHER FLOORS THAT HAVE TO, YOU KNOW, DO THIS TO GET BACK DOWN. HOW DO YOU HOW DO YOU AND THOSE GUYS AS, AS WE, OUR WONDERFUL PARTNERS TALKED ABOUT SOME OF THESE. THE BATTERIES ARE SO HEAVY THEY CAN'T EVEN GET TO THEM. SO DO YOU THINK THIS DOES ENOUGH, OR DO YOU THINK WE WANT TO RETHINK IT AND MAYBE EVEN DO MORE? I STRUGGLE WITH THAT. SO AS WE TALKED IN OCTOBER, YOU KNOW, I WANT TO BE AS. JUDICIOUS AS POSSIBLE. AND I THINK IF THEY'RE ON THE FIRST FLOOR THAT'S A BIG COMPROMISE ALREADY, RIGHT. I WOULD RATHER THEM NOT BE IN THERE. HOWEVER, IF I CAN ACCESS THEM FROM FOUR SIDES AND THEY'RE ALONG THAT WALL, OR THEY'RE CLOSE ENOUGH WHERE I CAN GET TO THEM AND GET THEM OUT ON THE FIRST FLOOR, WE CAN TAKE IT FROM THERE. WE TAKE THAT ELEMENT OUT. WE SAVE THE STRUCTURE. WE SAVE WHAT'S ABOVE IT. WE SAVE ALL THE EXPOSURES BECAUSE WE CAN REMOVE THAT ELEMENT FROM, YOU KNOW, YOU KNOW, WE STOP STOP THE HURT, IF YOU WILL. AND SO IF WE CAN TAKE IT OUT OF THAT ELEMENT AND THEN WE CAN DEAL WITH IT OR LET IT BURN AND PROTECT EXPOSURES. I THOUGHT ABOUT THE SECOND FLOOR. WHAT IF WE DID THIS? AND WHAT IF WE. YOU KNOW. AND I EVEN THOUGHT I WAS TELLING JAMES I WAS THINKING OF SOME CRAZY THINGS. YOU KNOW WHAT? IF WE JUST CUT SOME CONCRETE AND WE'RE ABLE TO JUST HAVE TO PULL THAT THING OFF AND ONTO THE GROUND AND THEN, YOU KNOW, SO I WAS TRYING TO THINK OUTSIDE THE BOX. BUT THE MORE I THOUGHT ABOUT IT, YOU KNOW, THAT FIRST FLOOR, WE STILL HAVE THE ABILITY TO MAKE A DIFFERENCE. AND WE TALKED ABOUT SOME CONVENIENCES OF THOSE RESIDENTS. I WANT THINGS TO BE CONVENIENT FOR SURE. HOWEVER, I DON'T THINK SAFETY NEEDS TO BE CONVENIENT. AND IF THEY'VE GOT TO TAKE AN ELEVATOR TO THE 13TH FLOOR ANYWAY, IT'S NOT A 13TH STORY PARKING GARAGE. I DON'T SEE THE HARM IN HAVING THEM CHARGE ON THE BASE FLOOR AND TAKE AN ELEVATOR UP TO THEIR APARTMENT, BUT BUT I LOOK THROUGH THE LENS OF SAFETY AGAIN. I HAVE TO LOOK AT THE LOWEST COMMON DENOMINATOR AND THE WORST POSSIBLE OUTCOME AND TRY TO MITIGATE THAT. SO I'M TRYING TO UNDERSTAND THIS ITEM TOO. SO BY PASSING THIS, BY ADOPTING THIS, THAT MEANS THAT ANY COMMERCIAL MIXED USE MULTIFAMILY CAN HAVE E-CHARGING STATIONS ANYWHERE THAT OPENS IT UP. IS THAT WHAT I'M UNDERSTANDING? IF YOU IF YOU PASS THIS, THIS LIMITS THEM TO THE FIRST FLOOR OF A PARKING STRUCTURE. AND IT KIND OF CONTROLS WHERE WE CAN PUT THEM OUTSIDE AS WELL. [00:50:03] AND WHEN YOU HAVE A, AN UNDERGROUND PARKING STRUCTURE THAT GOES DOWN VERTICALLY, THAT WOULD BE ON THE GROUND FLOOR. SO FIRST FLOOR IS PROBABLY THE WRONG TERM, THE GROUND FLOOR, SO THAT WE CAN HAVE ACCESS TO IT ON ALL FOUR SIDES TO MITIGATE THAT INCIDENT. CHIEF CAN SPEAK MORE TO THE MULTIFAMILY AND THE OPEN AIR PIECES OF THIS. BUT WHAT WE WANTED TO DO, AGAIN IS ADD THAT STOP BUTTON TO STOP THE ELECTRICAL CHARGE FROM GOING SO WE COULD MITIGATE WE WANT TO PUT BOLLARDS AROUND IT. WE WANTED TO MAKE SURE THEY'RE LIMITED WHERE AND ACCESS. WE WANT TO MAKE SURE THAT WHEN THEY'RE INVOLVED IN A COLLISION, THAT IF THEY GO TO A COLLISION CENTER, THAT A CERTIFIED INSPECTOR BEFORE THEY PUT IT INSIDE THAT BUILDING LOOKS AT IT AND SAYS IT'S OKAY AND RUNS ANY DIAGNOSTICS THAT THE BATTERY WAS NOT HURT BECAUSE LO AND BEHOLD, AT 10:00 ON A SUNDAY EVENING, IF IT GOES UNCHECKED, THAT'S WHEN IT'LL LIGHT OFF, RIGHT? AND WHEN NOBODY'S THERE. AND THEN YOU HAVE A BIGGER PROBLEM ON OUR HANDS. SO WE JUST TRY TO PUT SOME THINGS IN THERE TO ADD A LITTLE CAUTION BEFORE JUST OPENING IT UP, YOU KNOW, FOR THE WILD, WILD WEST, IF YOU WILL. SO I'M UNDERSTANDING. SO IF THIS IS PASSED, THEN THIS DOES HAVE THE SAFETY BOLLARDS. THE STOP. RIGHT. SO OURS WOULD HAVE BOLLARDS. BOLLARDS? EXCUSE ME. SO THAT, YOU KNOW, A CAR CAN'T HIT THAT CHARGER. SO WE HAVE OURS IS A LITTLE HEAVIER IN THAT REGARD IN TERMS OF WE GO A LITTLE BIT MORE THAN THE COG AMENDMENTS DO OURS. THEY ARE MORE RESTRICTIVE ON LENGTH THAN WE ARE. JASON, DO YOU HAVE ANY OTHERS THAT YOU CAN SPEAK TO ON OUR AMENDMENTS VERSUS WHAT COG DOES? BUT OURS WERE WERE INFORMING COG. OUR GROUP WAS INFORMING COG. AND OF COURSE, THEY HAD OTHER INDUSTRY LEADERS AS WELL ON THAT PANEL. NO CHIEF'S ABSOLUTELY RIGHT. THE BIG DIFFERENCE IS BETWEEN COG AND US ARE DISTANCES FROM THE FIRE LANE FROM FIRE ACCESS. COG HAS LIMITED THEM TO 150. WE'VE GONE UP TO 200. AND WE'RE STILL EXPLORING AVENUES TO WHERE WE COULD POSSIBLY GO FURTHER THAN THAT. BUT WE'RE JUST WE'RE JUST NOT THERE YET. WE DON'T HAVE ALL THE ANSWERS. WE'RE STILL RESEARCHING EVERYTHING. IF YOU WERE A COMMERCIAL PROPERTY OWNER, WOULD YOU HAVE CHARGING STATIONS AWAY FROM YOUR PARKING STRUCTURES AND AWAY FROM YOUR RESIDENTIAL BUILDINGS AND IN THEIR OWN? BECAUSE I THINK I WOULD, I WOULD BE WORRIED, AS A RESIDENTIAL OR COMMERCIAL PROPERTY OWNER, ABOUT THE RISK MANAGEMENT AND THE IMPLICATIONS OF MY ENTIRE BUILDING, MY ENTIRE PARKING GARAGE, AND THEN THE LIABILITY OF EVERY SINGLE VEHICLE THAT WOULD BE LOST IN THAT PARKING GARAGE. ANCILLARY. WELL, AND AS WE TALKED ABOUT, TOO, AND SOME, SOME PUBLIC AWARENESS, WHILE PEOPLE ARE PARKING THEIR TESLAS IN THEIR GARAGE AND PLUGGING THEM IN, THAT'S A TYPE ONE CHARGER. THAT'S A SLOWER TRICKLE CHARGE. THERE'S STILL INHERENT RISK WITH THAT. BUT THIS IS YOU'RE STEPPING UP THE ENERGY LEVELS. YOU'RE STEPPING UP A BUNCH OF THINGS OF A CLASS TWO AND THEN CLASS THREE. AND TO THAT POINT, WE'VE TALKED TO REALTY CAPITAL ABOUT A NUMBER OF THINGS, TRYING TO FIND A WAY FORWARD ON THE EXISTING BUILDING. AGAIN. WHEN THIS TAKES EFFECT, IT WILL. I THINK FURTHER OR FUTURE BUILDINGS IS WHAT THIS WILL AFFECT. BUT WE'VE WE'VE TALKED ABOUT LIKE PROTO DOES WHEN THEY GET A CAR IN THEIR YARD, THEY SIT IT IN THIS BLOCKED CUBICLE, IF YOU WILL. IT'S IN TIME OUT FOR A WHILE WHILE THE WALLS ARE THIS HIGH TO SEE IF IT'S GOING TO IGNITE. SO IT DOESN'T AFFECT OTHER CARS, RIGHT? AND SO MAYBE IN ADDITION TO THE BLANKETS, YOU FIND A WAY TO SAY, OKAY, MAYBE EVERY THREE YOU BUILD THOSE LITTLE WALLS SO THAT YOU'RE ONLY LIMITING THAT EXPOSURE TO THREE UNTIL WE CAN GET THAT CAR OUT OF THERE. BUT THAT'S THE BIGGEST THING, IS HOW DO WE GET THE CAR OUT AND WE GET IT OUT A LITTLE EASIER ON THE FIRST FLOOR THAN HIGHER FLOORS OR GROUND FLOOR? SORRY, THAN HIGHER FLOORS OR LOWER FLOORS. SO, CHIEF, I EVERYTHING YOU'RE SAYING MAKES COMPLETE SENSE AND SEEMS VERY SENSIBLE. BUT AT THE SAME TIME, I GOT A CALL OVER THE WEEKEND FROM REALTY CAPITAL, AND THEY EXPLAINED THEIR POSITION THAT, YOU KNOW, THERE'S SORT OF THE UBIQUITOUS NATURE OF THESE TYPES OF CHARGERS IN OTHER AREAS. AND, YOU KNOW, EVS ARE GROWING IN MARKET SHARE, AND IN SOME PLACES THEY'RE MANDATED LIKE 100%. AND, YOU KNOW, SO MANY YEARS DOWN THE ROAD AND IT'S A PROBLEM THAT IT'S GOING TO HAVE TO BE CONFRONTED THAT PEOPLE ARE DRIVING EVS AND ARE GOING TO NEED A PLACE TO CHARGE THEM, AND ESPECIALLY IN HIGHLY URBANIZED AREAS WHERE THEY DON'T HAVE THE OPTION OF PARKING OUT ON THE DRIVEWAY LIKE WE WOULD HERE. SO WE'RE YOU KNOW, WE DON'T HAVE A LOT OF PROPERTY THAT'S EVEN SUBJECT TO THESE STANDARDS. BUT THERE ARE OTHER COMMUNITIES THAT HAVE A VERY LARGE AMOUNT OF PROPERTY SUBJECT TO THESE STANDARDS. AND SO I'M NOT OPPOSED TO THIS, [00:55:05] BUT I DO KIND OF WANT TO MAKE SURE THAT WE GIVE THIS ENOUGH DUE DILIGENCE THAT WE TRY TO FIGURE OUT WHAT THE BEST PATHWAY FORWARD IS. SO I HOPE YOU DON'T MIND IF WE TAKE A LITTLE MORE TIME ON THIS ONE. YEAH. SO FIRST OF ALL, YOU SAID THAT 30% OF THESE FIRES ARE HAPPENING DURING CHARGING. WHAT ABOUT THE OTHER 70%? WHAT ARE THE CIRCUMSTANCES? A LOT OF THOSE ARE COLLISIONS. AND SO THERE'S AN ORANGE WIRE THAT GOES THROUGH, RIGHT, THAT HANDLES THE CHARGING. SO THAT ORANGE WIRE ONE WE DON'T CUT THAT AND EXTRICATION AND SOME OTHER THINGS. BUT THAT CHARGING CABLE, IF IT'S CRIMPED HURT IN ANY WAY, OR IF THERE'S AN IMPALING OF THE BATTERY CASING ITSELF OVER TIME THAT COULD LIGHT OFF. IT MIGHT BE WHEN IT HAPPENED OR THAT'S THE PROBLEM. IT COULD BE DAYS LATER AS IT THE CHEMICALS ARE BREWING. RIGHT. AND THE, THE, THE REACTION OF THE BATTERY HAPPENS AND DEPENDING ON WHERE IT WAS PUNCTURED, HOW IT WAS PUNCTURED. BUT SOMETIMES THE SMALLEST COLLISION WHERE YOU THINK, OH, IT'S JUST A FRONT QUARTER PANEL DAMAGED. THERE'S BEEN INCIDENTS THAT FRONT QUARTER PANEL THREE DAYS LATER GETTING FIXED AT THE BODY SHOP LID OFF BECAUSE IT CRIMPED THAT CHARGING WIRE. SO COULD THAT ALSO HAPPEN IN ON THE FIFTH FLOOR OF THE PARKING GARAGE? LIKE DAYS LATER, IT LIGHTS OFF AND WE STILL HAVE TO DEAL WITH THAT PROBLEM. IT COULD. DOES THAT MEAN, LIKE, SHOULD WE BE PARKING EVS IN GARAGES AT ALL? OR WHAT'S OUR HOW DO WE ADDRESS THAT RISK? WELL, I THINK THAT'S THE POINT YOU MADE EARLIER. WE HAVE TO BE SMART AND GIVE IT ITS DUE DILIGENCE. I CAN'T FIX THAT PROBLEM. RIGHT. BUT I CAN LOOK AHEAD AND SAY I CAN PREVENT THIS OTHER PROBLEM FROM CHARGING. RIGHT. IN TERMS OF US LOOKING AT, I THINK THE OTHER CAMPAIGN TO IS PUBLIC AWARENESS THAT IF YOU'RE INVOLVED IN ANY FIRE OR, EXCUSE ME, ANY COLLISION OR IF FLOODING HAPPENS AND YOUR BATTERY'S SUBMERGED OR SOME OTHER THINGS THAT YOU MIGHT WANT TO GO GET THAT CHECKED OUT PRETTY QUICK. THAT'S ONE OF THE THINGS I LIKE ABOUT OUR AMENDMENT IS ADDING THAT IN THERE THAT THESE THESE COLLISION CENTERS, THEY HAVE TO BE LOOKED AT BY EXPERTS. I'M NOT AN EXPERT. I JUST KNOW THE POTENTIAL DAMAGE THAT COULD BE HAPPENING WITH THESE EV CHARGERS. AND YOU'RE RIGHT, YOU'RE RIGHT. EVS ARE PROLIFERATING. I THINK THEY'LL EVOLVE AGAIN INTO SOMETHING NEXT. BUT WE'LL HAVE THIS LEGACY PROBLEM FOR QUITE A WHILE, DECADES. RIGHT. BECAUSE ALL THE CARS THAT ARE ON THE MARKET. BUT I THINK THE EV WILL EVOLVE INTO SOMETHING NEW HOPEFULLY SAFER. AND THESE ARE INHERENTLY SAFE. I WILL SAY THAT. RIGHT. THEY'RE THEY'RE 25 PER 100,000, BUT YOU'LL SEE THAT NUMBER GOING UP BECAUSE THERE'S MORE EVS ON THE ROAD NOW AND YOU'LL START SEEING MORE PREVALENCE OF THESE FIRES BECAUSE OF JUST THE SHEER NUMBER OF VEHICLES ON THE ROAD. BUT IT'S, THAT I'LL JUST SAY LOWEST COMMON DENOMINATOR THAT I'M TRYING TO PLAN FOR. IF SOMEBODY PLUGS IT IN THAT HAS SOMETHING GOING ON THAT WITH THAT CAR THAT I DON'T KNOW ABOUT. AND IF MANY PEOPLE ACCESSING THIS AREA AND PLUGGING IN, THAT COULD DO DAMAGE OVER TIME. AND I KNOW WHAT IT CAN DO TO THE CONCRETE AND I KNOW I JUST TO YOUR POINT, I THINK THOSE ONE OFFS HOPEFULLY WE COULD DEAL WITH. BUT IF WE'RE PUTTING SOMETHING IN THERE THAT WE KNOW COULD BE A PROBLEM. AND THAT'S MY JOB. MY JOB IS TO PRESENT YOU WITH THESE FACTS, AND YOUR JOB IS TO MAKE THOSE DECISIONS ON WHAT YOU THINK IS BEST, BALANCING THOSE TWO COMPETING INTERESTS, SAFETY AND ECONOMIC DEVELOPMENT. I, I DON'T THINK FROM OUR STANDPOINT, I THINK PEOPLE IN CITIES LIKE FRISCO AND FORT WORTH AND THEY REALIZED, OH MY GOODNESS, THIS HAS GOTTEN WAY OUT OF CONTROL BECAUSE PEOPLE ARE JUST PUTTING THEM HERE, THERE AND EVERYWHERE. THE ONE THAT PIQUED MY ATTENTION WAS WHEN IT ONE WENT IN KOHL'S. I DIDN'T KNOW ANYTHING ABOUT IT. IT'S LIKE, WOW, I'VE GOT TO NOW DEAL WITH THAT, RIGHT? I DIDN'T KNOW ANYTHING ABOUT IT. AND SO I'D RATHER I'D RATHER HEDGE OUR BET AND BE AS SAFE AS WE CAN THAN PUT OUR GUYS IN DANGER AND RESIDENTS OF THAT STRUCTURE IN DANGER, BECAUSE ULTIMATELY THAT IF, IF, IF ONE HAPPENS THERE, IT'S TOO MANY. AND IT COULD, IT COULD CAUSE SOMETHING BAD. SO DO YOU KNOW WHICH ELEMENTS OF THE DRAFT STANDARDS IS THE ONE THAT THE REALTY CAPITAL IS TAKING EXCEPTION TO SPECIFICALLY? IS IT THE FLOORS? IS IT THE LOCATION? IT'S I BELIEVE AND KYLE MAY SPEAK TO THAT. I THINK IT'S THE FLOORS. THEY THEY WANT THE CONVENIENCE OF SOMEONE BEING ABLE TO LIVE ON FLOOR FOUR AND CHARGE ON FLOOR FOUR. AND I THINK ONE OF THE BASED ON OUR CONVERSATIONS TODAY, ONE OF THEM WAS, I THINK THE FIRST AND SECOND FLOOR WAS FOR GENERAL POPULATION TO PARK AND [01:00:08] THE SECURE PARKING, PARKING WAS HIGHER, AND I DON'T THINK THEY WANT THEIR RESIDENTS HAVING TO GO DOWN AND PARK AND CHARGE AND THEN MOVE IT TO WHATEVER FLOOR THEY'RE ON. I THINK THAT WAS A PIECE OF IT, AND I WOULD I DON'T KNOW IF THIS EVEN AFFECTS THAT AT ALL, BECAUSE THAT'S I DON'T KNOW WHERE THAT'S IN THE PERMITTING STRUCTURE. THAT'S THAT'S ABOVE MY HEAD IN TERMS OF WHERE THAT IS AT AND ITS STRUCTURE. SO I DON'T KNOW IF THAT PROPERTY SPECIFICALLY WOULD BE AFFECTED BY WHAT WE DO TONIGHT. IT'S JUST THOSE MOVING FORWARD. AND I WOULD KIND OF THROW THAT TO TOMMY TO LOOK AT THAT QUESTION. BUT AND DO YOU KNOW, IF WE CAN'T BE THE FIRST ONES DEALING WITH THIS PROBLEM, WHAT HAVE ANY OTHER COMMUNITIES WITH MORE URBANIZATION, WITH MORE OF THIS TYPE OF PARKING NEED, MAYBE WHERE THEY DON'T HAVE ALTERNATIVES? HAS ANYONE ELSE COME UP WITH ANY STANDARDS THAT'S WORKING FOR THEM THAT ALLOWS SOME LEVEL OF PARKING BEYOND THE FIRST FLOOR? SO THERE ARE MANY PARKING GARAGES ACROSS THE UNITED STATES AND THE WORLD. HONESTLY THAT HAVE THEM PROLIFERATED IN PARKING GARAGES. THEY'RE SEEING THOUGH INCIDENTS THAT ARE HAPPENING. ONE OF THE THINGS FROM SEATTLE, THE GROUP FROM SEATTLE THAT CAME DOWN WAS LIKE, IF YOU CANNOT PUT THESE IN PARKING GARAGES, PLEASE DON'T DO THAT. BECAUSE IT'S JUST A NIGHTMARE AND IT'S A NIGHTMARE FOR THEM. AND THEY RUN ON A LOT IN THE NORTHEAST BECAUSE THEY'RE PRETTY PREVALENT THERE IN CALIFORNIA AS WELL. SO WE TRY TO LOOK AT, AT MANY DIFFERENT AREAS, WHAT THEY'RE DOING. AND THEN THIS NORTH TEXAS GROUP, AGAIN, A BUNCH OF PROFESSIONALS, INDUSTRY LEADERS IN MANY INDUSTRIES, RIGHT, COMING TOGETHER SAYING WHAT WORKS FOR NORTH TEXAS. AND THAT'S WHAT THESE AMENDMENTS WILL ARE GOING TO BE DOING. SO THESE AMENDMENTS FOLLOW REALLY CLOSELY WHAT WE'RE DOING. AND THEY'LL THEY'LL BE OUT VERY SOON FOR, FOR, FOR US TO LOOK AT IN 20. WE'RE GOING TO BE ADOPTING THE 2020 FOR IFC WITH THOSE AMENDMENTS. AND ALL THIS WILL BE IN THERE WITH THE MINOR DIFFERENCES WE JUST TALKED ABOUT. DIDN'T WASN'T THIS THE TOPIC ON P AND Z LIKE A YEAR AGO, YEAR AND A HALF AGO? ABOUT WHERE THESE E CHARGERS WERE GOING TO BE OVER IN LAKESIDE IN THAT PARKING GARAGE. NO, NO, WE TALKED ABOUT THIS AND HOW THIS IS THE WHOLE SUBJECT. YEAH, EXACTLY. IT'S THE WHOLE SUBJECT OF WHY WE'RE WE TALKED ABOUT THIS AD NAUSEAM. LIKE WHY WE HAD TO KEEP IT ON THE FIRST LEVEL. AND IT'S THE SAME KIND OF TOPIC. WE'RE JUST KIND OF REVISITING THIS ALL OVER AGAIN. SO I PRESENTED IN OCTOBER I'M NOT SMART ENOUGH TO BE AT THE MEETINGS, BUT I KNOW THAT PROBABLY WAS BROUGHT UP, BUT MY OCTOBER MEETING WITH YOU GUYS WAS JUST KIND OF GET A FLAVOR FOR WHAT YOU THINK, WHERE YOU WANT US TO GO WITH THESE AND DO YOU WANT THEM IN PARKING STRUCTURES? DO YOU WANT. ARE YOU OKAY WITH THE SIGNAGE WE'RE ASKING FOR? BUT IT MAY HAVE COME THROUGH LIKE A P AND Z BECAUSE THEY CURRENTLY THERE IS. RIGHT, JASON, THERE'S ONE CHARGER AT ONE PROPERTY FOR REALTY CAPITAL, I BELIEVE. YEAH. AND AGAIN, THAT IT'S ONE THAT THE HORSE IS OUT OF THE GATE, SO TO SPEAK. BUT HOW DO WE HOW DO WE FOR THE BEST PLANS. AND SO DEPUTY MAYOR PRO TEM SCHIESTEL WHAT WE TRY TO DO WITH REALTY BECAUSE THAT'S REALLY THE ONLY ONE LOCALLY THAT KIND OF HAS A STAKE THAT IS DOING SOMETHING LIKE THIS. AND WE WANTED MY JOB IS TO FIND A WAY TO GUESS IF IT'S SAFE. RIGHT. AND SO MY ASSISTANT, FIRE MARSHAL , IS THE KNOW GUY, LIKE, NOPE. SAYS THIS BOOM. WELL, POLITICALLY, YOU KNOW, JASON, AND MY JOB IS TO MAKE SURE HOW DO WE FIND FOUND A WAY TO. YES, AS LONG AS IT'S SAFE. SO WE MET WITH REALTY CAPITAL OVER SEVERAL MONTHS AND SAID, HEY, WE CAN GIVE YOU THE WHOLE FIRST FLOOR. WE CAN DO MORE HERE. WE CAN. WE'LL EXTEND THE LENGTH OF INSTEAD OF 150, WE'LL GO TO MAYBE 250. WE CAN DO THESE THINGS. WE CAN DO A FEW OF THOSE THINGS. AND THEIR DESIRE IS TO HAVE THEM ON EACH FLOOR. CHIEF, IS THERE EVER A SITUATION WHERE IT'S POSSIBLE, THE CIRCUMSTANCES. IT WOULD BE TOO DANGEROUS TO SEND A CREW IN TO FIGHT A FIRE. AND YOU WOULD SAY, STAND DOWN. AND IS IT POSSIBLE THAT YOU COULD SEE A SCENARIO LIKE THIS HAPPENING IF THERE IS AN EV FIRE ON FLOOR TWO, THREE, 4 OR 5? YES. THANK YOU. YES, I APPRECIATE THAT. SO ONE OF THE QUESTIONS I'VE GOT, CHIEF. AND THANK YOU FOR DOING THIS. I THINK WE ALL WANT TO MAKE SURE THIS IS AS SAFE AS POSSIBLE. LIKE YOU MENTIONED, IF YOU UNLESS YOU BAN EVS FROM THE GARAGES ARE STILL GOING TO BE A LEVEL OF RISK. [01:05:05] YOU MENTIONED THE DC FAST CHARGERS. YOU KNOW, THAT'S THE LEVEL THREE. THAT'S THAT'S THE RISKIEST. WHAT'S YOUR CONCERN LEVEL WHEN CHARGING AT A LEVEL TWO? BECAUSE I MY UNDERSTANDING THAT'S WHAT WILL BE IN THESE PARKING GARAGES. IS THAT CORRECT? YES. SO AT THE LOWER THE LOWER CHARGING LEVELS, IS THAT RISK STILL AS HIGH? NO DEFINITELY NOT. AND THE RISK IS REAL LOW WITH ANY ONE OF THEM. IF THE BATTERY IS PERFECTLY FINE, IF THERE'S BEEN NO HARM TO THE CHARGER OR THE BATTERY ITSELF, AND WHICH WAS OUR REASON TO TRY TO PUT BOLLARDS AROUND THE CHARGERS BECAUSE YOU DON'T KNOW. RIGHT. BUT IT'S WHEN IT'S NOT THE BEST BATTERY, IT'S WHEN SOMETHING ELSE HAPPENED. IT'S WHEN. AND SO MANY PEOPLE ARE GOING TO BE PARKING THERE. AND SO IF WE COULD EVERY TIME SAY, OKAY, YEAH, NO ACCIDENTS, YOU'RE GOOD. OKAY. YOU CAN PLUG IN. WE CAN'T DO THAT. RIGHT. SO I HAVE TO MAKE SURE THAT WE'RE AS SAFE AS POSSIBLE TO MAKE SURE SOMEBODY'S KIND OF PLUG IN AND GO TO TOWN, IF THAT MAKES SENSE. WELL, SO THE REASON I BRING UP THESE, THE MEETINGS THAT WE'VE HAD ON THIS BEFORE IS I'M TRYING TO UNDERSTAND WHY THIS IS COMING UP AGAIN. SO IF WE COULD HAVE KYLE'S HERE FROM REALTY CAPITAL, IF HE COULD COME UP AND KIND OF EXPLAIN SOME OF THIS, WHY IT'S IT'S COMING UP AS. SO JUST FOR CLARITY'S SAKE AND CORRECT ME IF I'M WRONG, ANYBODY ON STAFF THAT WE BROUGHT THIS FORWARD IN OCTOBER TO PREEMPTIVELY KNOWING THIS CONVERSATION WAS GOING TO COME UP, I'M NOT AWARE IF IT DID GO TO P AND Z. I THINK IT WAS JUST IN THIS SETTING. AND SO I, I THINK THE SIMPLE ANSWER IS, IS THAT THIS IS THE SECOND TIME YOU'VE SEEN THIS SINCE OCTOBER. BUT IT WAS ALL PROMPTED BY STAFF, RIGHT? THE BEST ANALOG I HAVE IS ANY TIME LIKE WE DO AN UPDATE TO THE CODES OF ORDINANCES LEXIN WILL PRESENT THOSE AS DURING A WORK SESSION TO GET INITIAL FEEDBACK FROM COUNCIL. THE CHIEF DID THE SAME THING WITH THIS FIRE CODE AMENDMENT. SO IT'S JUST OUR NORMAL PROCESS TO START THE CONVERSATION WITH COUNCIL ON A, ON A CODE AMENDMENT, GET SOME FEEDBACK AND THEN AS THEY CONTINUE TO WORK IT, BRING IT FORWARD FOR FINAL ADOPTION. SO THIS IS THE FINAL STEP. OKAY. WELL ARE YOU ALL OKAY HAVING REALTY CAPITAL COME UP HERE AND JUST SPEAK A LITTLE BIT? YEAH, WE CAN DO THAT. WE JUST WANT TO HEAR YOUR TAKE ON WHAT YOU ARE WANTING. WHAT ARE YOU ALL ARE LOOKING FOR ON THIS? YEAH. SO I CAN'T SPEAK TO THE PREVIOUS CONVERSATIONS THAT WAS ANOTHER BRANCH OF REALTY CAPITAL. I DON'T WANT TO SPEAK FOR THAT DEVELOPMENT TEAM. I CAN STATE THE. AND FIRE CHIEF HENLEY ALLUDED TO THIS. OUR MAIN CONCERN IS WITH THE LOCATIONS OF THE EV CHARGERS. LIMITING TO THE GROUND FLOOR SEVERELY LIMITS A SENSE OF SECURITY FOR RESIDENTS. YOU KNOW, 3111 SPECIFICALLY, THAT IS AN OPEN PARKING GARAGE ON THE GROUND FLOOR. SO IF WE WERE TO FORCE EV CHARGER INSTALL TO THAT FLOOR, YOU KNOW, A TENANT MAY CHOOSE TO LIVE IN A FRISCO DEAL BECAUSE THEY HAVE EV CHARGERS ON A MORE SECURE UPPER LEVEL OF THE GARAGE. SO 3111 SUNSET. WE HAVE A SECURITY GATE ON LEVEL TWO. SO WE PREFER THAT THE EV CHARGERS BE ON THE OPPOSITE SIDE OF THAT, THAT PRIVACY GATE SO THAT THEY HAVE A BETTER SENSE OF PRIVACY. WE ARE VERY OPEN TO PROVIDING BLANKETS YOU KNOW, LOCATING ON THE SECOND FLOOR, YOU KNOW, PER SOME FIND A YOU KNOW MEETING IN THE MIDDLE. YOU KNOW, IF WE WERE TO LOCATE THAT X POSITION ON THE SECOND FLOOR, PROVIDING A BLANKET, PROVIDING NEAR A STANDPIPE, WE ARE VERY OPEN TO THAT. BUT LIMITING TO THE GROUND FLOOR IS OUR BIGGEST HEARTACHE, SO TO SPEAK. SO DOES THAT HELP ANSWER ANY QUESTIONS? I HAVE A COUPLE FOLLOW UPS. SO THE SPRINKLER SYSTEM, WHAT ARE YOUR PLANS FOR THAT? MY UNDERSTANDING IS THERE IS NO ALTERATION TO A SPRINKLER SYSTEM THAT WOULD HELP THIS ISSUE. IS THAT CORRECT? I THOUGHT I'M READING HERE ON THE SLIDE REQUIRES ESFR SPRINKLERS IN INDOOR COMMERCIAL AREAS. THAT WOULD BE A DIFFERENT SYSTEM WITH A DIFFERENT VOLUME OF FLOW AND DENSITY PRESSURE MAYBE. CORRECT. SO IT'S POSSIBLE THAT THAT WOULD REQUIRE A FIRE PUMP BECAUSE YOU PROBABLY CAN'T GET THAT PRESSURE AND VOLUME. WELL, I DON'T THINK YOU CAN. YOU HAVE TO PUMP IT. FROM WHAT? THE LAKE. [01:10:03] HOW DO YOU DO? WE HAVE ENOUGH WATER SUPPLY. IS THE SUPPLY SUFFICIENT THERE FOR THAT? AND BACK TO THE POINT, AS KYLE KIND OF ALLUDED TO NOTHING'S GOING TO PUT IT OUT IN ANY OF THIS WATER IS NOT GOING TO PUT OUT THE GOAL WOULD BE TO PROTECT EXPOSURES OR COOL IT SOMEWHAT TO WHERE WE MIGHT BE ABLE TO GET A BLANKET ON IT, OR THEN MOVE IT INTO A SAFEST PLACE THAT WE CAN MOVE IT. BUT JASON AND THE TEAM HAVE REALLY TALKED ABOUT. OKAY, IF WE ALLOW THIS, WE NEED TO LOOK AT DIFFERENT SPRINKLERS AND MOVE THEM FORWARD. WHAT DOES THAT LOOK LIKE? IS IT DILUTION TYPE SYSTEM? IS IT THESE OTHER THINGS BECAUSE OF THE HIGH HEAT? SO WHAT YOU'RE TRYING TO DO IS THOSE SPRINKLERS HOPEFULLY ARE PROTECTING THE CONCRETE AND SOME OTHER THINGS. BUT YOU'RE EXACTLY RIGHT. IF I'M NOT THERE WITH MY YOUR MILLION DOLLAR ENGINE THAT YOU PAID FOR TO PUMP, THAT YOU WON'T BE ABLE TO REACH THOSE, GET THOSE FROM A SPRINKLER HEAD. EVEN THE HIGH DELUXE ONES. RIGHT. THERE'S JUST THE. IF YOU'RE NOT PUTTING THE SYSTEM IN A WAY AND SUPPLEMENTING THAT, YOU'RE NOT GOING TO GET ALL THE WATER YOU NEED FOR AN INCIDENT LIKE THIS JUST BECAUSE THEY BURN SO HOT. AND I DON'T WANT EVER THERE EVER TO BE A FIRE. RIGHT? BUT THERE WILL BE. SO APPROVING THIS ALSO DOES THIS APPROVE THIS FOR ANY MULTIFAMILY COMMERCIAL MIXED USE. THIS IS OPEN TO EVERYBODY. ANY ANY PARKING STRUCTURE. WE WOULD LIKE THEM ON THE FIRST FLOOR IF IT'S OPEN. THERE'S REQUIREMENTS FOR THAT AND SPACING AND, YOU KNOW, THOSE, THOSE TYPES OF THINGS. BUT THIS KIND OF APPLIES TO ANYWHERE THEY'RE GOING TO BE AND TRY TO DO THAT THE SAFEST WAY POSSIBLE. BUT WHEN YOU PUT THEM IN AN ENCLOSED SPACE, THEN THERE'S NOWHERE FOR THE HEAT TO GO BECAUSE IT'S CONTAINED, YOU KNOW, ON THESE BIG CONCRETE STRUCTURES. SO, KYLE, CAN YOU COME BACK UP? SO YOU MENTIONED THE FIRST FLOOR. SO THAT'S SECTION 322.4.1, CLAUSE ONE, WHICH SAYS CHARGES MUST BE LOCATED ON THE FIRST FLOOR. SO YOU'RE LOOKING FOR SECOND FLOOR IN ADDITION TO THAT. THAT WAS WHAT YOU WERE PROPOSING? YES. AND I'D LIKE TO ALSO PROVIDE CLARITY. WE ARE OUR MAIN CONCERN, IN ADDITION TO WHAT I MENTIONED EARLIER, IS THE PROJECTS THAT ARE ALREADY BUILT AND WERE PERMITTED UNDER PREVIOUS CODES FOR FUTURE PROJECTS. THIS ACTUALLY CAME UP IN A IN A DEAL UNDER SITE PLAN, AND WE RECEIVED A COMMENT TO REMOVE EV CHARGERS ENTIRELY. SO THAT'S WHAT STARTED THIS DIALOG WITH THE FIRE DEPARTMENT. SO WE WILL DO OUR BEST TO ACCOMMODATE FOR FUTURE PROJECTS. YOU KNOW, WITHIN THE GROUND FLOOR. AND SEE HOW THAT PLAYS OUT. OUR MAIN CONCERN IS FOR THE PROJECTS THAT ARE ALREADY PERMITTED, WHERE WE HAD LANGUAGE ON THE CONSTRUCTION DOCUMENTS THAT SAID EV CHARGERS, YOU KNOW, LEVELS TWO, THREE, FOUR AND FIVE, THOSE PERMITS WERE APPROVED. THOSE PROJECTS ARE NOW BUILT. WE HAVE MILLIONS AND MILLIONS OF DOLLARS INVESTED INTO THOSE BUILDINGS. WE HAVE TENANTS WHO COME IN AND INQUIRE ABOUT EV CHARGERS WHO WANT, YOU KNOW, THAT SECURITY OF NOT JUST A GROUND FLOOR, BUT AN UPPER LEVEL, UPPER LEVEL EV CHARGER LOCATION. OKAY. I JUST WANT TO GO OVER A FEW MORE POINTS HERE. SO I DON'T WANT TO GET TOO BOGGED DOWN ON ANY ONE THING. SO IT ALSO HAS A CLAUSE IN HERE THAT SAYS NO CHARGERS BELOW THE GROUND LEVEL. SO YOU DON'T HAVE ANY ISSUE WITH THAT. REALTY CAPITAL AS A WHOLE WILL. OKAY. I, I DO NOT WANT TO SPEAK FOR. I DON'T KNOW THAT I'M WILLING TO WORK WITH YOU ON THAT ONE. THAT SOUNDED LIKE THAT IS PRETTY DANGEROUS. SO I'LL JUST I'M GOING TO NOTE THAT DOWN, THOUGH, BECAUSE I WANT TO MAKE SURE WE GET ALL THIS OUT HERE. SO YOU MENTIONED THAT YOU HAVE SO THE EXISTING APARTMENT BUILDING THAT RECENTLY OPENED THAT HAS CHARGERS THAT ARE WOULD NOT BE IN COMPLIANCE WITH THIS. WE HAVE NOT INSTALLED ANY NO CHARGERS. OKAY. SO THAT WOULD BE SUBJECT TO APPLIED FOR THE ELECTRICAL PERMIT. AND SO THAT PROCESS IS THAT WOULD THAT BUILDING WOULD YOU WANT THAT EXCEPTION FOR THE SECOND FLOOR IN THAT BUILDING. OKAY. WHAT ABOUT THE CONDO TOWER. THE EXISTING CONDO TOWER. IS THAT PART OF WHAT YOUR DISCUSSION HERE TONIGHT? NO, SIR. THEN THERE'S ALSO THE NEW BUILDING THAT'S GOING TO HAVE THE HOTEL AND THE RESIDENCE. THIS IS ALSO PART OF THAT. YOU'RE JUST TALKING ABOUT 3111 SUNSET, RIGHT? CORRECT. AND THE LAKESIDE RESTAURANT PARKING GARAGE AND THE PARKING GARAGE RESTAURANT. NOW, IS THAT AN UNDERGROUND PARKING GARAGE? IT IS. THAT'S THE PARKING GARAGE YOU'RE TALKING ABOUT. OKAY, SO THAT ONE MIGHT NEED. WE MIGHT NEED TO DO SOME WORK ON THAT ONE. OKAY. SO I JUST WANT TO MAKE SURE THAT WE'RE BECAUSE LIKE IF ONE OPTION MIGHT BE WE COULD APPROVE THE WHOLE THING. BUT WE SAY THIS ONE PORTION OF IT RELATING TO THESE SPECIFIC BUILDINGS, WE WANT TO JUST COME BACK AND WORK ON THAT SPECIFIC [01:15:01] PIECE. IF THERE'S AN OPPORTUNITY FOR MORE. COULD WE DO SOMETHING LIKE THAT, BRANT? WE COULD DO SOMETHING. YOU YOU COULD YOU COULD ADOPT IT AS IS. OBVIOUSLY, YOU SUSPEND ENFORCEMENT DURING THE PENDENCY OF OUR ONGOING DISCUSSIONS ABOUT THE GRANDFATHERING ISSUE. OKAY. BUT IS THIS OPENING IT UP FOR ALL PARKING GARAGES TO DO THIS? THAT'S WHAT MY QUESTION IS, IS THIS OPENING IT LIKE WE HAVE SEVERAL PARKING GARAGES. ARE PEOPLE GOING TO COME FORWARD AND SAY, OKAY, NOW WE WANT A PARKING. WE WANT CHARGERS ON THIS FLOOR AND THIS FLOOR. RIGHT. SO WHAT YOU WOULD DO IS ADOPT IT NOW AND THEN. IF YOU WANT TO DISCUSS A GRANDFATHERING YOU REALLY DO NEED TO CONSIDER WE NEED TO TREAT EVERYBODY EQUALLY. SO IF THERE IS EXISTING PERMITTED EV CHARGERS AND OTHER PARKING GARAGES, AND WE DECIDED TO GRANDFATHER THEM UP INTO THE EFFECTIVE DATE OF THE OF THE ORDINANCE, ETC. THEN YOU WOULD WANT TO DO THAT ACROSS THE BOARD. YEAH. YEAH. BUT I JUST WANT TO ACKNOWLEDGE THAT LAKESIDE VILLAGE IS A LITTLE BIT UNIQUE. LIKE WE DON'T NEED TO WORRY ABOUT THE PARKING GARAGE OR THE RIVERWALK. WE CAN APPLY THIS. THAT'S NOT GOING TO BE A PROBLEM, BUT LAKESIDE VILLAGE HAS SOME. IT'S A BIT DIFFERENT THAN THE REST OF THE TOWN, SO MAYBE WE NEED A DIFFERENT STRATEGY FOR TO ACCOMMODATE. YEAH, THAT'S WHAT I THAT'S ALL. I THINK IT'S WORSE. YEAH, IT COULD BE, IT COULD BE. BUT I JUST THINK THERE'S AN OPPORTUNITY NOT JUST THE FIRE HAZARD BUT THE RUNOFF AND THE CONTAMINATED WATER GOING INTO THE LAKE, BECAUSE I DON'T THINK I'VE HEARD IF YOU HAVE A CONTAINMENT SYSTEM IN YOUR GARAGE, WE WOULD BE OPEN TO ADDING IT. YOU WOULD ADD A CONTAINMENT SYSTEM. OKAY. CHIEF, ABOUT THAT WITH THE FIRE DEPARTMENT TODAY, ACTUALLY. OKAY. AND WHAT DOES THAT ENTAIL? FIRE CHIEF HENLEY WOULD HAVE TO ADVISE ON THAT. SO DIKING DAMMING, WE WOULD HAVE TO MAKE SURE THAT AS THAT RUNOFF IS COLLECTED THROUGH THE VARIOUS PLACES THAT WATER GOES, FOLLOWS LEAST PATH OF LEAST RESISTANCE, IT WOULD GO. AND IF THERE IS A NON ATTAINMENT PLACE THAT WE WOULDN'T HAVE TO DIKE AND DAM WHEN WE'RE THERE THAT IT GOES AND IT'S PART OF IT, WE WOULD THEN THERE WOULD BE A REMEDIATION COMPANY THAT WOULD HAVE TO COME OUT AND REMOVE THAT, BECAUSE THERE'S A LOT OF, THERE'S A LOT OF YUCKY STUFF IN THERE. AND SO THEY WOULD HAVE TO REMOVE THAT. AND. PROBABLY SUBJECT TO TCEQ, I WOULD BET, YOU KNOW, TO MAKE SURE ALL THAT'S REMEDIATED APPROPRIATELY. THOUSANDS AND THOUSANDS AND THOUSANDS AND THOUSANDS OF GALLONS OF WATER. YES. THAT'S A HUGE CONTAINMENT SYSTEM, LIKE BIGGER THAN SOME OF THE DETENTION PONDS WE PROBABLY HAVE FOR STORMWATER RUNOFF. SO SO WE KNOW THE REALITY OF WHAT THE FEASIBILITY OF THAT. I DON'T THINK IT SOUNDS REALLY FEASIBLE MYSELF, BUT THE EXPENSE IN THE SPACE AND WHATNOT. AND I DO WANT TO THANK KYLE AND JIMMY. WE'VE WE'VE COME TO THE TABLE OVER SEVERAL MONTHS NOW TO, TO TRY TO FIND THE BEST PATH FORWARD FOR THIS LOCATION. AND AS I WAS RELAYING EARLIER, THE FIRE MARSHAL , ASSISTANT FIRE MARSHAL SAW THAT AND WENT, HEY, GUYS, BY THE WAY, THIS IS COMING. JUST WANT YOU GUYS TO KNOW THAT THIS IS COMING. AND WE'RE LOOKING AT THIS PATH FORWARD. YOU KNOW, WE'LL HAVE TO BRING THAT TO COUNCIL AND ALL THESE THESE DIFFERENT THINGS. AND WE TRIED TO FIND A SPACE THAT REALLY, REALLY WORKS AND, AND A SYSTEM THAT REALLY WORKS. AND I THINK FOR IF WE IF WE WENT BACK TO THE DRAWING BOARD ON THIS PROJECT I FIRMLY BELIEVE THAT KYLE AND THE FIRE DEPARTMENT ARE REALTY CAPITAL, AND THE FIRE DEPARTMENT CAN FIND A SOLUTION FOR THIS PROPERTY. BUT DEPUTY MAYOR PRO TEM, WHAT I'M REALLY WORRIED ABOUT, IF WE DELAY, IS. WILL THEY? WILL SOMEBODY WANT TO PERMIT OTHER PARKING GARAGES AND PUT SOMEONE THERE BEFORE WE CAN GET A HOLD OF IT, RIGHT. AND FIX EXACTLY WHAT I'M WORRIED. I DON'T WANT TO DELAY. THAT'S WHY I WANT TO. I WANT TO ADOPT IT AS WRITTEN, BUT I WANT TO MAKE SURE WE HAVE THE ABILITY FOR THESE PARTICULAR PROPERTIES TO CONTINUE TO WORK ON THE ONE PIECE OF THE SECTION. 322 .4.1, SECTION ONE RELATED TO THE FIRST FLOOR, SO THAT THEY CAN TRY TO FIND A SOLUTION. I MEAN, I'M NOT QUALIFIED TO SAY WHAT AN ACCEPTABLE CONTAINMENT SYSTEM WOULD BE. SO I CAN'T PRESCRIBE IT. BUT I THINK THAT YOU AND THE DEVELOPER COULD WORK TOGETHER AND MAYBE FIND SOMETHING THAT WOULD BE ACCEPTABLE. I DON'T WANT TO ADOPT ANYTHING THAT'S NOT ACCEPTABLE TO THE FIRE DEPARTMENT. I CAN TELL I CAN TELL YOU THIS. KYLE HAS BEEN VERY WONDERFUL TO WORK WITH. AND WE'RE CLOSE. I'M. I WILL LOSE SLEEP IF THEY'RE ON THE THREE, 4 OR 5 FIVE STORIES, RIGHT? I WOULD LOSE SLEEP. BUT I THINK THAT WE'RE CLOSE TO A SOLUTION ON THIS BUILDING PARTICULARLY. RIGHT. I AM GOING TO BE A STAUNCH ADVOCATE FOR THE AMENDMENTS AND OUR AMENDMENTS ON ANYTHING MOVING FORWARD, FOR SURE. BECAUSE THAT'S MY JOB. BUT I THINK WE'RE REALLY CLOSE ON THIS ONE BECAUSE DEPUTY MAYOR PRO TEM, YOU MENTIONED THIS IS THIS IS A UNIQUE PART POINT IN TIME AS WELL AS A UNIQUE STRUCTURE. [01:20:02] SO THEY COULD BE UNDER THE GATE, IF THAT MAKES SENSE, WITH THEIR TIMING. AND IF THEY, AS THEY HAVE BEEN WILLING TO WORK WITH US TO FIND THE BEST PATH FORWARD, I GOT TO GIVE IT TO HIS TEAM. AND KYLE SPECIFICALLY FOR HAVING SOME HARD CONVERSATIONS WITH US AND TRYING TO DO THE RIGHT THING FOR HIS FUTURE RESIDENTS, AS WELL AS THE TOWN AND THE FIRE DEPARTMENT TO KEEP THEM SAFE. SO HIGH. KUDOS TO KYLE AND HIS TEAM. I DO THINK WE'RE CLOSE. UP ON A SOLUTION FOR THAT PROPERTY. I HAVE ANOTHER QUESTION FOR KYLE, IF YOU DON'T MIND. SO EARLIER I ASKED CHIEF IF THERE WERE CONDITIONS UNDER WHICH IT WOULD BE POSSIBLE THAT HE WOULD CALL HIS CREW TO STAND DOWN, AND HE SAID YES. AND THIS COULD POSSIBLY BE ONE CIRCUMSTANCE ON THE SECOND, THIRD AND FOURTH FLOOR. ARE YOU READY TO DISCLOSE THAT TO YOUR TENANTS THAT THAT IS A POSSIBILITY, THAT IF THEY HAVE EVS FOR THEIR CONVENIENCE ON THOSE UPPER FLOORS, THAT IT IS WITHIN OUR DISCRETIONARY POWER TO SAY IT'S NOT SAFE FOR OUR PEOPLE AND WE WILL NOT RESPOND? YES, CONSIDERING YOU REALLY CAN'T. AS CHIEF HENLEY SAID, YOU CANNOT PUT OUT THESE FIRES. HE IS OBVIOUSLY THE EXPERT, BUT WHETHER THAT FIRE IS ON THE FIRST FLOOR OR SECOND, THIRD, FOURTH, FIFTH, I. AND WOULD YOU DISCLOSE THAT TO YOUR INSURANCE COMPANY? ANY. YES. AND YOU WOULD HOLD HARMLESS THE TOWN OF FLOWER MOUND FOR NOT RESPONDING. I CAN'T SPEAK TO THAT TONIGHT. I'D LIKE TO HAVE THAT DISCUSSED. HONESTLY, FOR ALL OF OUR PROTECTIONS, WE CAN HAVE THAT DISCUSSION. THANK YOU. THANK YOU. OKAY, SO I LIKE ADAM'S APPROACH. LET'S GO AHEAD AND PASS THIS AS PRESENTED. AND THEN WORK WITH THE REALTY CAPITAL AND THE FIRE DEPARTMENT TO HOPEFULLY COME TO THAT SOLUTION THAT CHIEF HENLEY SAID WE'RE GETTING CLOSE TO. SO WOULD THAT BE LIKE AN EXCEPTION REQUEST? HOW WOULD THAT WORK? SO I AND BRANT AND I WERE HAVING A SIDEBAR ON THIS. THE WAY I INTERPRET IT IS WE WOULD ADOPT IT AS PRESENTED THIS EVENING. AND IN ESSENCE, WE WILL CONTINUE TO WORK ON AN AMENDMENT ON THAT PARTICULAR SECTION THAT WOULD SUBSEQUENTLY COME IN THAT WOULD HOPEFULLY ADDRESS THE CONCERNS FROM REALTY CAPITAL ABOUT HOW WE CAN CREATE A LITTLE BIT MORE FLEXIBILITY ON THAT FIRST FLOOR. AND IF WE COULD GO UP A FLOOR OR WHATEVER THE CASE MAY BE. SO WE'RE ADOPTING AS PRESENTED, BUT WE'RE GOING TO CONTINUE TO HAVE A DIALOG TO SUBSEQUENTLY AMEND IT IF WE CAN AGREE UPON THE TERMS. CORRECT. SO THE ONLY MOTION WE NEED THEN IS JUST TO ADOPT IT. AND THEN KYLE DOES THAT. IS THAT CLEAR AND ACCEPTABLE? MR. CHILDERS TO THE MICROPHONE. MIKE TO THE MICROPHONE PLEASE. SO IN ESSENCE, WHAT THE COUNCIL IS TALKING ABOUT IS ADOPTING IT AS PRESENTED. WE'LL CONTINUE TO HAVE A DIALOG. AND IF WE LAND ON AN AGREEABLE COMPONENT ON BOTH TERMS, WE WOULD SUBSEQUENTLY COME TO THE COUNCIL AND ADOPT THAT PARTICULAR SECTION. SO WE'RE ADOPTING, BUT THEN WE CAN AMEND IT BASED UPON THE DIALOG THAT WE HAVE. YES. WELL, I DON'T NECESSARILY WANT TO AMEND THE WHOLE ORDINANCE FOR ONE BUILDING OR I GUESS WHAT I'M IS THERE A WAY WE CAN MAKE THE BUILDING GIVE AN EXCEPTION FOR ONE BUILDING AND CONTINUE WITH THIS ORDINANCE FOR ALL FUTURE BUILDINGS, BECAUSE IT'S A HEALTH AND SAFETY REGULATION. IT'S NOT THE ZONING. AND SO I JUST WOULD CAUTION AGAINST ANY SORT OF VARIANCE PROVISION THAT HAS AN APPLICANT COME TO YOU ALL. I WOULDN'T WANT THEM COMING TO ME. I MEAN, I DON'T KNOW ANYTHING ABOUT WHETHER SOMETHING IS SAFE OR NOT. SO IT'S NOT JUST THIS IS ESTHETICALLY PLEASING. SO AND WE LIKE WHAT YOU'RE DOING SORT OF THING. SO. YEAH. I WOULD RECOMMEND IF WE WANT TO FREEZE EVERYTHING IN PLACE WE CAN ADOPT IT NOW. IT WOULD APPLY. THAT DOESN'T MEAN THAT WE HAVE TO ENGAGE IN IMMEDIATE ENFORCEMENT. AND THEN WE WOULD DISCUSS OBJECTIVE CRITERIA FOR EXCEPTIONS, ETC., THAT WOULD APPLY AND THAT THE FIRE DEPARTMENT CAN ADMINISTER SO THAT IT'S NOT A POLITICAL MATTER BEFORE COUNCIL. OKAY. YEAH. SO BACK TO THAT SLIDE. IT WOULD BE UPON ACCEPTANCE OF THE FIRE MARSHAL . WOULD THAT BE THE AUTHORITY HAVING JURISDICTION IN THIS CASE? LET ME GET WITH STAFF. AND PERHAPS CHIEF HANLEY HAS SOME THOUGHTS AS WELL. I THINK ULTIMATELY BY CHARTER IT'S IT'S THE FIRE CHIEF. WITH IN CONCERT WITH THE FIRE MARSHAL . OKAY. THANK YOU. OKAY. SO DO YOU ALL WANT TO GO AHEAD AND. OKAY. SOMEBODY WANT TO MAKE A MOTION? I'LL DO IT. SO THE NUMBERING, SINCE WE'RE OUT OF ORDER, IT'S NOT A REGULAR AGENDA ITEM. HOW DO I REFERENCE THAT? CONSENT AGENDA ITEM NUMBER TWO. PULL FROM. OKAY, I MOVED TO APPROVE CONSENT AGENDA ITEM TWO AS WRITTEN. SECOND. OKAY. CONSENT ITEM TWO PASSES BY UNANIMOUS. [01:25:02] OH. I'M SORRY. YOU HAVE. YOU NEED TO TAKE THE VOTE. I JUST HEARD COUNCIL MEMBER WARNER. AYE. COUNCILMEMBER TAYLOR. AYE. MAYOR PRO TEM MARTIN. AYE. DEPUTY MAYOR PRO TEM SCHIESTEL. AYE. COUNCIL MEMBER DREW. AYE. I HEARD UNOFFICIAL YESES. YES. IT PASSES BY UNANIMOUS VOTE. OKAY, WE'LL MOVE ON TO OUR REGULAR AGENDA ITEMS. [J.1. Certificates of Obliqation - Consider approval of an ordinance authorizing the issuance of Certificates of Obligation, Series 2025, for an amount not to exceed $19,200,000, for the purpose of paying for fire-fighting facilities, waterworks and sewer system improvements, establishing parameters for the sale and issuance of such bonds, delegating certain matters to an authorized official of the Town and resolving all matters incident and related thereto.] I WILL GO OVER THE CERTIFICATE OF OBLIGATION. GOOD EVENING. I'M HERE TONIGHT FOR THE CERTIFICATES OF OBLIGATION OF 2025. AND IN THE AUDIENCE WITH US IS JOHN MARTIN AND MICHAEL MARTIN OF HILLTOP AND BOB DRANSFIELD OF NORTON ROSE FULBRIGHT. OOPS. A RECAP OF OUR TIMELINE ON OCTOBER 7TH. THE TOWN COUNCIL APPROVED A REIMBURSEMENT RESOLUTION FOR CAPITAL EXPENDITURES TO BE SPENT PRIOR TO THE ISSUANCE OF THE BOND PROCEEDS FOR PRELIMINARY EXPENDITURES. IT WAS APPROVED FOR A TOTAL AMOUNT OF 43.9 MILLION. AND ON APRIL 7TH, THE TOWN COUNCIL APPROVED A NOTICE OF INTENTION RESOLUTION, WHICH REQUIRED PUBLICATION OF THE ISSUANCE. THAT WILL BE COMING FORWARD, AND IT WAS ADVERTISED FOR TWO CONSECUTIVE WEEKS IN THE DENTON RECORD-CHRONICLE, 46 DAYS PRIOR TO THE PASSING OF THE ORDINANCE AND 45 DAYS ON THE TOWN'S WEBSITE, OR FIVE CONTINUOUS FIVE ON THE TOWN'S WEBSITE. AND THE PRINCIPAL AMOUNT WAS REDUCED TO 19.2 MILLION. AND THIS WAS A $24.7 MILLION REDUCTION. THIS WAS DUE TO THE FIREFIGHTING FACILITIES WERE BEING PUSHED OUT A YEAR TO FOR THE CONSTRUCTION AND PLANNING AND SUCH. AND LAKESIDE WATER REUSE WATER LINES ARE NOW THEY DETERMINE WHERE IMPACT FEE ELIGIBLE. AND THAT'S AN 8.4 MILLION. AND THE WICHITA TRAIL LANE WATER LINE REPLACEMENT IS PUSHED OUT TO 1.3 MILLION. ON MAY 20TH, THE TOWN STAFF HELD A CALL WITH HILLTOP AND STANDARD AND POOR'S, AND I'M HAPPY TO REPORT THAT STANDARD POOR'S REAFFIRMED OUR TRIPLE A RATING. AND JOHN WILL COME UP IN A FEW MINUTES AND DISCUSS THE HIGHLIGHTS OF THIS REPORT. AND HERE WE ARE TONIGHT WITH THE PARAMETERS ORDINANCE FOR YOUR CONSIDERATION ON WEDNESDAY WITH FAVORABLE MARKET CONDITIONS. WE'LL GO OUT FOR THE PRICING OF THE BONDS AND THE FUNDS WILL BE RECEIVED ON JANUARY. I'M SORRY, JUNE 26TH. THE PROCEEDS ARE FOR FIREFIGHTING FACILITIES, $5 MILLION WATER PROJECTS, 6.2 MILLION WASTEWATER PROJECTS ARE 7.8 MILLION, FOR A TOTAL OF 1314, LITTLE UNDER 14 MILLION WITHIN THIS ORDINANCE. IT SETS CERTAIN PARAMETERS WHERE THE PRINCIPAL AMOUNT WILL NOT EXCEED 19.2 MILLION. THE TRUE INTEREST COST WILL NOT EXCEED 5000, AND THE MATURITY DATE WILL NOT EXCEED MARCH 1ST, 2045. WE DO HAVE A CLAUSE WHICH IS 180 DAYS WITHIN THE ORDINANCE IN WHICH TO ISSUE THE DEBT IF THE MARKETS AREN'T FAVORABLE. AND WITH THAT, I'LL ASK JOHN TO COME UP AND SHARE HIS THOUGHTS. OR. MICHAEL. SORRY. GOOD EVENING, MAYOR AND COUNCIL. AS JULIE SAID, YOU GUYS GOT AFFIRMED TRIPLE A FROM STANDARD AND POOR'S. THAT'S GREAT NEWS. NOT REALLY A SURPRISE. YOU GUYS DO A GREAT JOB OF MANAGING YOUR FINANCES, AND YOU GUYS HAVE A GREAT STAFF THAT DOES A, DOES A REALLY GOOD JOB OF GETTING ALL THE INFORMATION THAT S&P REQUIRES FOR THESE REVIEWS. I'M JUST GOING TO GO OVER A FEW DIFFERENT BULLETS IN THE S&P REPORT. THAT REFLECTS THE THEIR REVIEW OF THE TOWN CONSISTENT TAX BASE EXPANSION WITH PROJECTS THAT INCLUDE LARGE INCLUDE SINGLE AND MULTI-FAMILY HOMES, SMALL LOCAL BUSINESSES, LARGE COMMERCIAL SPACES, HOTEL, NEW WAREHOUSES. DEMONSTRATED USE OF INSTITUTIONALIZED FINANCIAL POLICIES AND PRACTICES, INCLUDING CONSERVATIVE BUDGET ASSUMPTIONS, CONSISTENT BUDGET MONITORING, USE OF LONG TERM FINANCIAL PROJECTIONS, AS WELL AS FORMAL CAPITAL IMPROVEMENT, INVESTMENT, DEBT MANAGEMENT AND FUND BALANCE POLICIES. TREND OF POSITIVE OPERATING PERFORMANCE AND MAINTENANCE OF A VERY STRONG RESERVES AND LIQUIDITY AND PENSION AND POST-EMPLOYMENT BENEFIT OBLIGATIONS THAT ARE NOT A BUDGET PRESSURE. ANOTHER THING I WANTED TO MENTION IS THAT THE TOWN'S DEBT IS ACTUALLY RATED HIGHER THAN THE US GOVERNMENT. SO THAT'S GOOD TO SAY. YEAH, I DON'T KNOW. RIGHT. GOING THROUGH THE NUMBERS THAT WE UPDATED THIS MORNING. THIS IS JUST YOUR TYPICAL CERTIFICATES OF OBLIGATION, 20 YEAR DEBT. PRETTY STRAIGHTFORWARD. YOU GUYS ARE PRETTY FAMILIAR WITH THIS TYPE OF STUFF, BUT OUR PROJECTED TICK RIGHT NOW IS 4.3. [01:30:05] HOPEFULLY WE'LL GET A LITTLE BETTER TOMORROW, BUT WE'LL WAIT TO FIND OUT. AND WE ALREADY HAVE. SINCE THIS IS GOING TO BE A COMPETITIVE SALE, WE ALREADY HAVE A FEW DIFFERENT BIDDERS THAT ARE INTENDING TO SUBMIT A BID TOMORROW. SO WE'LL MAKE SURE TO KEEP THE STAFF UPDATED SO THAT YOU ALL KNOW WHAT THAT WHAT THE RESULTS OF THE SALE ARE. AND I'M HAPPY TO ANSWER ANY OTHER QUESTIONS. OKAY. NO QUESTIONS. ANYONE WANT TO MAKE A MOTION? I MOVE TO APPROVE REGULAR ITEM J.1 AS PRESENTED. SECOND. OKAY. THERESA IF YOU'LL TAKE THE ROLL. COUNCIL MEMBER DREW. AYE. DEPUTY MAYOR PRO TEM SCHIESTEL. AYE. MAYOR PRO TEM MARTIN. AYE. COUNCIL MEMBER TAYLOR. AYE. AND COUNCIL MEMBER WARNER. AYE. OKAY. ITEM J1 PASSES BY UNANIMOUS VOTE. OKAY. WE'RE GOING TO GO AHEAD AND GO ON TO ITEM J.2 STONEHILL PUMP STATION MOTOR REPLACEMENT CONSTRUCTION AWARD. [J.2. Stonehill Pump Station Motor Replacement - Construction Award - Consider approval of a Construction Agreement with Clark Electric, Inc. for the Stonehill Pump Station Motor Replacement project, in the amount of $3,741,949.00; and authorization for the Mayor to execute same on behalf of the Town.] THIS IS PRESENTED BY BLAKE HAMEL. COUNCIL. MAYOR, THANK YOU FOR TAKING THE TIME TO CONSIDER THE CONSTRUCTION AWARD FOR THE STONEHILL PUMP STATION MOTOR REPLACEMENT JOB. THIS PROJECT WILL PROVIDE IMPROVEMENTS TO THE EXISTING PUMP STATION FACILITY THAT WAS ORIGINALLY INSTALLED IN THE EARLY 2000. IT'S LOCATED ON THE SOUTHEAST OF THE STONEHILL FARMS PARKWAY AND JUSTIN ROAD INTERSECTION. THIS PROJECT HAS SEVERAL GOALS. WE'RE LOOKING TO REPLACE THE EXISTING STARTERS FOR ALL PUMPS. PUMPS ONE THROUGH FIVE INSIDE THE PUMP BUILDING. WE WILL INSTALL THREE VFDS WITH THAT TO SOFT STARTS. WE'LL ALSO BE LOOKING TO REMOVE AND REPLACE AND UPGRADE THE EXISTING MAIN SWITCHGEAR. IT'S RUNNING UP ON THE END OF ITS SERVICE LIFE. OUR OPERATION FOLKS ARE HAVING A HARD TIME GETTING REPLACEMENT COMPONENTS AND PARTS FOR THIS, SO THAT WILL HELP FUTURE MAINTENANCE. WE'RE ALSO LOOKING TO UPGRADE THE DC BATTERY BACKUP SYSTEM. WE'RE GOING FROM A NICKEL CADMIUM SYSTEM TO A SODIUM METAL CHLORIDE SYSTEM. WITH THAT, AS PART OF THIS PROJECT, WE'LL WILL ALSO HAVE SOME TOPPING SLAB EXTENSIONS. THE SWITCHING OF THE SOFT STARTS TO THE VFDS CREATE A LITTLE BIT OF A DIFFERENT DIMENSION SET UP, SO WE HAVE TO EXTEND SOME OF THE SLABS INSIDE THE FACILITY THERE TO ACCOMMODATE THOSE NEW DIMENSIONS. WE'LL ALSO LOOK AT AN EXISTING DISCHARGE METER VAULT FOR CRACK REPAIR. WE'RE SEEING A LOT OF WATER INFILTRATION INTO A VAULT THAT WE HAVE THERE THAT'S PREMATURELY AGING SOME OF THE INFRASTRUCTURE THAT WE HAVE IN THERE. SO WE'RE LOOKING TO TRY TO MITIGATE ANY SORT OF THAT INFILTRATION FROM INSERTING INTO THAT VAULT. AND THEN WE'LL HAVE VARIOUS MISCELLANEOUS IMPROVEMENTS AROUND THE SITE, SUCH AS THE FRENCH DRAIN SYSTEM TO COLLECT SOME OF THAT UNDERGROUND WATER, DISCHARGE IT TO THE POND ON SITE. WE'LL HAVE A NEW IRRIGATION WATER SERVICE AND BACKFLOW PREVENTION INSTALLED, ALONG WITH SOME IRRIGATION CONTROLLER MODIFICATIONS. SO JUST FOR LOCATION WE'VE GOT I CAN PULL THE MOUSE. WE'VE GOT STONEHILL FARMS PARKWAY NORTH SOUTH. WE'VE GOT JUSTIN ROAD EAST WEST, JUST SOUTHEAST OF THAT, WE HAVE THE SHARED UPPER TRINITY AND TOWN OF FLOWER MOUND PUMP STATION SITES HIGHLIGHTED IN ORANGE. WE HAVE OUR 10 MILLION GALLON ABOVE GROUND STORAGE TANK ALONG WITH OUR BUILDING FOR THE PUMPS AND ELECTRICAL EQUIPMENT. THE OTHER BUILDINGS INTO GROUND STORAGE TANKS ARE FOR UPPER TRINITY, AND THE MAJORITY OF OUR WORK WOULD BE LOCATED WITHIN THIS BUILDING OR IMMEDIATELY AROUND THIS BUILDING. JUST FOR SOME PHOTOS, JUST FOR CLARIFICATION OF WHAT WE'RE TRYING TO ACCOMPLISH HERE. TOP LEFT, STARTING HERE, WE'VE GOT INSIDE THE ACTUAL ELECTRICAL ROOM. FIRST TWO RACKS IN THE MIDDLE ARE ALL THE STARTERS. SO RIGHT NOW WE HAVE THREE SOFT STARTS, TWO VFDS. WE'RE LOOKING TO SWAP THAT TO THREE VFDS TWO SOFT STARTS TO HELP WITH OUR OPERATIONS CREW TO BETTER MANAGE THE DISCHARGE OF THE WATER OUTSIDE OF THIS FACILITY. IN THE BACK THERE YOU CAN SEE POKING OUT, WE HAVE THE ACTUAL MAIN SWITCHGEAR THAT'S RUNNING UP ON THE END OF ITS SERVICE LIFE. SO WE'LL BE LOOKING AT UPGRADING THAT TO GET ACTIVE CURRENTLY MADE COMPONENTS. IN CASE ANYTHING GOES WRONG WITH THAT, WE'LL HAVE SOMETHING READILY AVAILABLE. AND THEN THE KIND OF YELLOW AND BLACK CHEVRON AREA YOU SEE THERE IS THAT SLAB KIND OF STOPPED SHORT WITH THE VFDS BEING LARGER INFRASTRUCTURE COMPONENTS GOING INTO THE BUILDING. WE'RE ACTUALLY HAVING TO EXTEND THAT OUT TO ACCOMMODATE THAT, THAT NEW SIZE OF THAT EQUIPMENT. MOVING OFF TO THE RIGHT, THE NEXT THREE PHOTOS, THEY'RE ACTUALLY INSIDE LOOKING INSIDE THE METER DISCHARGE VAULT. YOU CAN SEE A LOT OF STANDING ACCUMULATED WATER INFILTRATION COMING IN THROUGH THE OLD PENETRATIONS OF THAT ACTUAL VAULT. SOME NOT STRUCTURAL, BUT SOME EARLY SIGNS OF SOME SURFACE WEAR AND RUST ON THE COMPONENTS THAT WE HAVE INSIDE THAT SYSTEM. AND PRETTY MUCH ANYWHERE YOU SEE KIND OF A PENETRATION COMING THROUGH THAT VAULT, YOU CAN SEE WATER STAINS. IT'S JUST HIGH GROUNDWATER THERE. A LOT OF INFILTRATION IS MAKING ITS WAY INTO THE ACTUAL SITE. [01:35:02] SO WE'RE TRYING TO KIND OF MITIGATE THAT AND COLLECT THAT IN OUR UNDERGROUND FRENCH DRAIN SYSTEM, ALONG WITH DOING SOME GROUT INJECTION OF SOME OF THE CRACKS THAT WE'VE DISCOVERED IN THE ACTUAL METER DISCHARGE VAULT. BOTTOM LEFT HERE. THIS IS OUTSIDE THE ELECTRICAL ROOM LOOKING AT THE FIVE ARRAY OF PUMPS. ALL THE NEW STARTERS WILL BE CONNECTED UP TO THESE PUMPS RECALIBRATED FOR THE DISCHARGE VAULTS. SO EVERYTHING THAT WE'RE INSTALLING WILL GET RECONNECTED BACK UP INTO THIS PORTION OF THE BUILDING IN THE MIDDLE HERE. YOU CAN SEE THE EXISTING BACKUP BATTERY SYSTEM. HARD TO MAKE OUT, BUT THE MAJORITY THERE MAY BE LIKE 3 OR 4 THAT ARE ACTUALLY ABOVE THE MINIMUM LEVEL OF MATERIAL THAT SHOULD ACTUALLY BE INSIDE THOSE BATTERIES THERE. SO WE'RE LOOKING AT GETTING THAT REPLACED, KEEPING THE ENCLOSURE AND UPPING THAT TO KIND OF A BETTER, MORE CURRENT SYSTEM THAT WOULD FUNCTION BETTER IN THIS FACILITY. AND THEN LAST PHOTO ON THE BOTTOM RIGHT, WE HAVE THE DISCHARGE VAULT THAT'S LOOKING OUTSIDE, AND YOU KIND OF HAVE THE STEPS GOING DOWN INTO THE ACTUAL VAULT. IT'S KIND OF SITTING IN A LOW POINT IN THIS AREA, SO A LOT OF THE WATER ENDS UP GETTING COLLECTED HERE. GROUNDWATER RISES, IT INFILTRATES INTO THE ACTUAL VAULT. AND WE'RE ACTUALLY RIGHT NOW HAVING TO INSTALL A PUMP SUMP PUMP IN THERE. AND THIS WHITE PIPING YOU SEE HERE IS THE AMOUNT OF WATER THAT WE'RE HAVING TO PUMP. SO IT'S BEEN A RECURRING ISSUE. SO WE'RE HOPING WITH THESE IMPROVEMENTS THAT WILL HELP MITIGATE ANY SORT OF THAT ADDITIONAL MOISTURE THAT WE'RE TRYING TO KEEP OUT OF THAT VAULT. WITH THIS, WE PUT IT OUT TO BID. WE OPENED BIDS APRIL 10TH. WE HAD TWO QUALIFIED BIDDERS, CLARK ELECTRIC AND TAKNEK CAME IN AT 4.5 AND 4.7 MILLION, RESPECTIVELY. WITH THOSE BIDS, IT WAS JUST OVER WHAT OUR TOTAL CAP FOR THE PROJECT WAS. SO WE TOOK A LOOK AT CLARK ELECTRIC'S PROPOSAL THROUGH THERE AND NOTICED THAT THEIR ITEM FOR THE MISCELLANEOUS LANDSCAPING AND IRRIGATION IMPROVEMENTS WAS ABNORMALLY HIGH COMPARED TO SOME OF THE OTHER VALUES AND WHAT WE'RE ANTICIPATING THROUGH THERE. SO WE WORKED WITH CLARK ELECTRIC TO KIND OF REDUCE THAT SCOPE AND EVALUATION SIGNIFICANTLY FROM WHAT THEY HAD ORIGINALLY SUBMITTED. SO WE HAD LOWERED THAT EVALUATION BY ALMOST $800,000 THROUGH THERE TO GET A NEW TOTAL OF 3.7. SO I WAS HAPPY THAT THEY WERE ABLE TO WORK WITH US ON THAT AND ALL THE ADDITIONAL IRRIGATION AND LANDSCAPE IMPROVEMENTS. WE'D BE BETTER OFF ALLOCATING THAT FUNDS TO A SEPARATE CONTRACTOR THAT DOESN'T SPECIFICALLY WORK ON ELECTRIC COMPONENTS, AND GET AN ACTUAL LANDSCAPER OUT HERE TO ACTUALLY GET THIS DONE, GET MORE BANG FOR OUR BUCK ON THIS. ANTICIPATED PROJECT SCHEDULE FOR THIS. LIKE I SAID, WE OPENED BIDS APRIL 10TH. TONIGHT WE HAVE THE CONSTRUCTION AWARD. SHOULD IT BE APPROVED, WE'D BE LOOKING TO COORDINATE WITH CLARK ELECTRIC NEXT MONTH TO ISSUE THE NOTICE TO PROCEED. WE HAVE SEVERAL LARGER SCALE ELECTRICAL COMPONENT ITEMS THAT HAVE MULTI-MONTH LEAD TIMES ON THOSE. SO WE WANT TO GET THOSE MATERIALS SUBMITTALS, AND REVIEWED AND APPROVED SO THAT WE CAN KICK THAT OFF TO EATON, AND THEY CAN ACTUALLY START THE MANUFACTURE OF THOSE COMPONENTS THAT WE NEED. IT'LL HELP TO WE ACTUALLY INCORPORATE IT INTO THE CONTRACT TO LIMIT ANY SORT OF SYSTEM SHUTDOWNS OVER THE SUMMER YEARS. SO PRETTY MUCH FROM MAY TO THE END OF SEPTEMBER, WE WOULDN'T ALLOW THEM TO DO ANY SORT OF SHUTDOWNS ON THIS CRITICAL FACILITY THAT WE HAVE. SO WE CAN OVERLAP SOME OF THAT DEAD TIME WITH THE ACQUISITION OF ALL THE MATERIALS THAT WE NEED FOR THE FOR THE PROJECT. ONCE WE GET THOSE, WE'VE GOT CONSTRUCTION. SO TOTAL CALENDAR DAYS, WHICH INCLUDES A LARGE COMPONENT OF THAT KIND OF WAITING FOR ACQUISITION OF THE MATERIALS, WE HAVE 450 CALENDAR DAYS, SO WE'D BE LOOKING AT SUBSTANTIAL FALL 2026 AND THEN FINAL COMPLETION LATE FALL EARLY WINTER 2026 WITH 480 DAYS SET UP BY THE CONTRACT THAT WE HAVE WITH CLARK ELECTRIC. AND WITH THAT, I'LL OPEN IT UP TO ANY QUESTIONS. NICE CATCH ON THE LANDSCAPING. IT WAS IF WE WOULD HAVE MISSED IT, WE WOULD HAVE NOT BEEN DOING OUR JOB. IT WAS ALMOST THREE TIMES HIGHER THAN WHAT? THE OTHER. I APPRECIATE IT. ANYWAY, I HAVE I DO HAVE A QUESTION FOR YOU, BLAKE. SO DURING THE CONSTRUCTION PHASE, IS IT GOING TO BE LIKE, YOU KNOW, SEQUENTIAL SHUTDOWNS SO IT WON'T BE COMPLETELY SHUT DOWN, BUT IT'LL BE. YEAH. WITH THE PROJECT WE, WE ACTUALLY HAVE INCORPORATED IN THE CONTRACT. SO WE HAVE A COUPLE REDUNDANCIES HERE. SO WE HAVE SEVERAL PHASES THAT WILL GO THROUGH HERE. SO WE KEEP THE PUMPS ON AND ACTIVE. SO THEY'LL WORK SEQUENTIALLY THROUGH THOSE FIVE PUMPS. BUT WE ALSO HAVE IN THE CONTRACT WITHIN THIS KIND OF DEAD SPACE HERE WITH THE CONCRETE AREA THAT'S KIND OF STUBBED OUT, WE'RE REQUIRING THEM TO BRING IN A FAIRLY LARGE PORTABLE GENERATOR TO BACK THAT SYSTEM UP. SO WE'LL HAVE THAT REDUNDANCY THERE FOR THE POWER. SO YOU DON'T THINK THERE'LL BE ANY DECREASE IN THE WATER SUPPLY UNLESS SOMETHING GOES CATASTROPHICALLY WRONG? WE'LL HAVE THE BACKUP FOR THE TEMPORARY PORTABLE POWER GENERATION. AND IF IT DID, YOUR FIRST PHONE CALL WOULD BE TO. YEAH. OKAY. AWESOME. BUT YEAH, WE HAVE INCORPORATED SOME REDUNDANCIES IN THERE FOR FOR THE POWER. [01:40:08] THANKS. ANY ADDITIONAL QUESTIONS? YEAH, I HAD A FEW. SO YEAH. I APPRECIATE YOU GUYS FINDING THE LANDSCAPING. THAT GREAT FIND. A LOT OF THIS EQUIPMENT SEEMS LIKE WE'RE REPLACING IT RIGHT AT THE 20 YEAR MARK, WHICH IS MANUFACTURER'S RECOMMENDATION. ARE WE STARTING TO SEE INCREASED MAINTENANCE COSTS FOR SOME OF THIS EQUIPMENT? THE BIG THING. SO WITH THE VFDS AND THE SOFT STARTS, YOU'RE LOOKING AT LIKE 15 TO 20 YEAR SERVICE LIFE FOR THESE MEDIUM VOLTAGE EQUIPMENT. SO WE'RE PRETTY MUCH RIGHT UP ON THE TAIL END OF THAT. THE BIG ISSUE WITH THE PUSH TO SWAP THE SOFT STARTS IN THE VFDS IS REALLY MORE OF AN OPERATIONAL COMPONENT OF IT. WE'RE ACTUALLY RUNNING INTO SOME ISSUES WITH BEING ABLE TO OVERCOME THE DIFFERENTIAL PRESSURE FROM INSIDE THE PUMP STATION TO OUTSIDE. IT'S CREATING SOME ADDITIONAL FRICTION AND HEAT AND SOME OF THOSE DISCHARGE VAULTS. SO WE'RE KIND OF BURNING OUT SOME OF OUR RECENTLY REVISED DISCHARGE EQUIPMENT THAT'S THERE PREMATURELY. THAT'S REALLY JUST UNNECESSARY. SO THE SWAP FROM THE SOFT STARTS TO THE VFDS WILL REALLY HELP US FINE TUNE AND KIND OF OPERATE THE PUMPS MORE EFFICIENTLY THROUGH THERE. AND THEN THE SWITCH GEAR IS MORE IF SOMETHING WERE TO GO WRONG WITH THAT SWITCH GEAR, WE PRETTY MUCH HAVE TO REMOVE AND SEND OUT TO GET IT REBUILT, SINCE WE CAN'T GET COMPONENT PARTS ON THAT. SO IT CREATES AN ADDITIONAL LIABILITY IF WE DON'T COME IN AND SWAP THAT SWITCH, GEAR OUT. CURRENTLY, WE'RE LOOKING AT A LONGER DOWNTIME JUST TO GET IT ACTUALLY REBUILT AND REPLACING IT WITH CURRENT MATERIALS AND EQUIPMENT THAT'S READILY AVAILABLE. IF SWITCHGEAR GOES DOWN, THAT JUST MEANS WE HAVE AN INTERRUPTION IN POWER AND WE SWAP TO THE GENSET. YES. YEAH. SO ARE WE HAVING ISSUES WITH THE CURRENT SWITCHGEAR? OTHER THAN JUST ROUTINE, KIND OF MAINTENANCE. THERE'S NO BIG ISSUES THAT ARE, LIKE, CATASTROPHIC THAT WE'RE SEEING IN IT. IT IS RUNNING UP ON THE KIND OF 20 YEAR SERVICE LIFE THAT IT SHOULD BE IN SERVICE. BUT THERE'S NOTHING LIKE, PENDING FAILURE OCCURRING THAT WE'VE BEEN AWARE OF WITH OUR OPERATION, FOLKS. NOW? YEAH. I MEAN, I GUESS I'M JUST QUESTIONING THE SWITCHGEAR BECAUSE IT IS AN EMERGENCY TYPE, AND IT WOULD JUST BE AN INTERMITTENT LOSS IN PUMP PRESSURE, RIGHT? I MEAN, IT'S IS THERE OPPORTUNITY TO CONTINUE USING THAT SWITCHGEAR RECOMMENDATION FROM OUR OPERATIONS FOLKS WOULD BE REMOVE IT. WE COULD TALK INTERNALLY AND SEE WE HAD WORKED OUT WITH EATON ON THIS ONE FOR PRETTY MUCH A PASS THROUGH COST FROM US TO THE CONTRACTOR TO EATON THAT HAD ALREADY INCORPORATED THAT SWITCHGEAR IN THAT. SO WE MAY HAVE TO GO BACK AND RE TALK WITH THE SUPPLIER ON THAT TO ADJUST THOSE VALUES. BUT PREFERENCE, AS FAR AS TOWNS CONCERN AND THE OPERATIONS FOLKS ARE CONCERNED, WE WOULD REMOVE AND REPLACE CURRENTLY WITH THIS PROJECT. YEAH. BUT I MEAN, I GUESS I CAN SEE THE CONCERN WITH THE PUMPS AND THE PRESSURE WEARING OUT PUMP PARTS, BUT WITH THE SWITCHGEAR, IT DOESN'T SOUND LIKE WE HAVE A MAINTENANCE ISSUE. CURRENT MAINTENANCE ISSUES? NO. YEAH. SO. BUT IF IT'S AN END OF LIFE AND IT'S NO LONGER SUPPORTED AND IT HAS TO GET IT REBUILT, I WOULD PREFER JUST TO REPLACE IT WITH CURRENT. I WOULD SAY IF WE DO IT NOW, THERE'S A COST SAVINGS ASSOCIATED WITH DOING IT WITH THIS PROJECT. IF WE DO IT AT A LATER POINT, THEN YOU'RE GOING TO HAVE TO BASICALLY REBID EVERYTHING. DO IT ALL AGAIN, PULL DOWN THE PUMP STATION AGAIN, HIRE A DIFFERENT CONTRACTOR. ALSO, COSTS ARE GOING UP CONSIDERABLY. THEY CONTINUE TO GO UP. SO I WOULD SAY THIS IS WE ARE AT THE END OF LIFE RECOMMENDED IN LIFE FOR SOMETHING LIKE THIS. IT'S A CRITICAL FACILITY. IT'S SOMETHING WE'RE DOING NOW WITH THE WORK THAT NEEDS TO GET DONE. I THINK I WOULD REALLY RECOMMEND MOVING FORWARD WITH REPLACING THE SWITCH GEARS NOW. I DON'T THINK IT'S NICE TO HAVE. I THINK HONESTLY, I THINK IT IS IT'S IT'S PRUDENT WITH SUCH AN IMPORTANT FACILITY. AND I'D ALSO ADD TO THE GENERATOR ON THIS. LIKE WE'VE, WE'VE DONE WE'VE PULLED THE STATION DOWN COMPLETELY BEFORE IN THE WINTER MONTHS. AND WE CAN WE CAN FEED THE TOWN THROUGH OUR SECOND PUMP STATION PINTAIL. SO EVEN IF SOMETHING DOES GO CATASTROPHIC, WE CAN STILL FUNCTION IN THE WINTER MONTHS WHILE WE GET IT BACK UP AND RUNNING. SO YEAH, I MEAN, I GUESS ONE WE DO AND I DON'T MIND SWAPPING SWITCHGEAR, BUT WHEN WE DO PRESENT SOME OF THESE, I'D LIKE TO KNOW IF WE'RE HAVING MAINTENANCE ISSUES WITH THEM. SO IF WE COULD BRING SLIDES THAT KIND OF SUPPORT THAT EVIDENCE AS WELL. I THINK YOU'VE GOT A GOOD JUSTIFICATION WITH THE PUMP ISSUES THAT WE'RE HAVING. BUT JUST FOR FUTURE REFERENCE. THANK YOU. ANY OTHER QUESTIONS? NOPE. OKAY. YEAH. ANYBODY'S READY TO MAKE A MOTION? I MOVE TO APPROVE REGULAR ITEM J.2 AS WRITTEN. [01:45:02] SECOND. OKAY. THERESA. IF YOU'LL TAKE THE ROLL. PASSES BY UNANIMOUS VOTE. ALL RIGHT. WE'RE GOING TO MOVE ON TO REGULAR ITEM THREE. [J.3. TRP25-0002 - Trinity Park - Public Hearing to consider an application for a tree removal permit (TRP25-0002) for three (3) specimen trees on the property known as Trinity Park for the proposed development. The property is generally located south of Lakeside Parkway, east of Gerault Road, and north of Enterprise Road. (The Environmental Conservation Commission recommended approval of the three (3) trees by a vote of 4 - 1 at its March 4, 2025, meeting.) (Town Council postponed this item to a future date uncertain by a vote of 5 - 0 at its April 21 , 2025, meeting.)] THIS IS ON TRINITY PARK. SO JAKE, YOU'RE GOING TO BE DOING THE PRESENTATION. YES, MAYOR. I'LL BE GIVING THIS ONE. OKAY. GOOD EVENING, MAYOR AND COUNCIL. I'LL BE GOING OVER TRINITY PARK. THIS WAS CONSIDERED AT THE APRIL 21ST TOWN COUNCIL SESSION. THE SITE'S 3.9 ACRES IN SIZE IN SIZE. IT'S CURRENTLY ZONED FOR CAMPUS INDUSTRIAL USES. AS PART OF THE PLAN DEVELOPMENT NUMBER 83. THE SITE CONTAINS FOUR SPECIMEN TREES. THE DEVELOPER'S REQUESTING REMOVAL OF THREE OF THE SPECIMEN TREES, WHICH ARE IN GOOD TO FAIR CONDITION. ECC RECOMMENDED APPROVAL OF THE REMOVAL OF THREE SPECIMEN TREES. SO WE'RE GOING BACK AND LOOKING AT THIS ONE. WE GAVE THE APPLICANT SOME TIME TO REVISE THEIR SITE PLAN AND TRY TO SAVE A FEW MORE TREES ON SITE. THERE'S OUR GENERAL LOCATION. I'LL PULL UP THE TREE SURVEY REAL QUICK. SO IT'S THE SAME THREE SPECIMEN TREES THAT ARE REQUESTED FOR REMOVAL. WE HAVE A LARGE POST OAK, CEDAR, ELM, AND ANOTHER POST OAK DOWN HERE. THE CHANGE IN THE SITE PLAN THAT YOU'RE GOING TO NOTICE IS THIS ACCESS EASEMENT WAS ABANDONED, AN EFFORT TO PRESERVE SOME OF THESE PROTECTED TREES UP HERE. ONE OF THE ONES THAT IS NOW PRESERVED IS A 21.5IN POST OAK, SO ALMOST SPECIMEN SIZED. BUT THAT'S THE MAIN CHANGE YOU'RE GOING TO SEE HERE IS ALL OF THIS IS BEING SAVED. THERE'S NO PROTECTED TREES IN HERE, BUT THEY ARE PROTECTED SPECIES. THEY'RE JUST NOT SIX INCHES IN SIZE YET, SO THEY'RE PRESERVING A LOT OF THAT. AND THEN THESE TREES AS WELL. AND JUST TO RECAP. THOSE ARE THE PICTURES OF OUR SPECIMEN TREES. SO THERE'S THAT SMALLER POST OAK, 22.5IN GOOD CONDITION. THE MULTI-TRUNK MULTI-TRUNK, CEDAR, ELM, AND THEN THE LARGE 39.5IN POST OAK MULTI-TRUNK. AND THEN THE APPLICANTS HERE, UNLESS YOU HAVE ANY QUESTIONS FOR ME. YOU WANT TO GO AHEAD. ANYONE. ARE YOU ALL READY FOR THE APPLICANT? OKAY. YEAH, YOU CAN COME ON UP. WE'RE READY. ACTUALLY, I'LL LEAVE THAT UP. I'LL JUST USE YOUR OTHER ONE. I HAVE SOME OTHER THINGS IF WE NEED THEM, BUT I KNOW WE'VE TALKED ABOUT IT A GOOD BIT. AND JUST STATE YOUR NAME. YES. SORRY. ONE MINUTE FOR. THERE WE GO. CAMERON [INAUDIBLE] I'M WITH CLAYMOORE ENGINEERING. WE ARE AT 1903 CENTRAL DRIVE IN BEDFORD, TEXAS, AND I AM HERE REPRESENTING THE DEVELOPER FOR THIS PROJECT. I GUESS I'LL JUST CUT RIGHT TO IT, SINCE I KNOW WE SPOKE AT LENGTH ABOUT THIS LAST TIME AS A QUICK RECAP, AND PLEASE FEEL FREE TO CHIME IN. OUR DIRECTIVE OR GOAL IF YOU WILL. FROM LAST TIME THAT WE SPOKE WITH YOU ALL WAS TO DO EVERYTHING WE COULD TO KIND OF TAKE ANOTHER LOOK AND SEE IF WE COULD SAVE SOME ADDITIONAL TREES, IN PARTICULAR IN THIS PRESERVATION ZONE AREA, AND THEN ALSO TO SEE IF WE COULD MAKE SITE PLAN CHANGES IN ORDER TO SAVE THIS LARGER MULTI-TRUNK POST OAK HERE. SO I WILL START WITH THE OBVIOUS ONE, WHICH WAS THIS CROSS CONNECTION THAT WAS PREVIOUSLY GOING TO THE PROPERTY PLAN RIGHT SOUTH IF WE'RE GOING ACTUAL DIRECTIONS. SO THE REQUEST TO PUT ORIGINALLY THAT WAS IN THERE BECAUSE THAT WAS REQUIRED BY ORDINANCE WAS THAT CROSS CONNECTION. AND IT WAS ALSO PROMISED AS PART OF THE OVERALL DEVELOPMENT TO THE DEVELOPER TO THE SOUTH OF US AS WELL. SO TWO THINGS WE KIND OF HAD TO FOLLOW UP ON IN ORDER TO GET APPROVAL TO REMOVE THAT CROSS CONNECTION. ONE OF THOSE WAS TO FOLLOW UP WITH STAFF, BOTH FIRE AND ENGINEERING AND THE ENVIRONMENTAL TEAM AS WELL, TO GET APPROVAL, MAKE SURE THEY WERE OKAY, AND COMFORTABLE WITH REMOVING THAT CROSS CONNECTION. [01:50:02] FORTUNATELY, WORKING WITH STAFF, EVERYONE WAS VERY HELPFUL AND AGREED THAT THAT WAS NOT A DESIGN ISSUE OR SAFETY ISSUE TO REMOVE THAT. SO THEN THE OTHER PIECE OF THE PUZZLE WAS GOING TO THE LANDOWNER TO THE SOUTH AND MAKING SURE THAT THEY WERE COMFORTABLE, OR IF THEY WERE ADAMANT ABOUT KEEPING THAT CROSS CONNECTION FOR THEM. TOOK A LITTLE LONGER THAN WE WANTED BECAUSE BUILDING HAS CHANGED HANDS SINCE THE INITIAL TIME. BUT WE DID FOLLOW UP AND OUR CLIENT WAS ABLE TO HAVE A GOOD DISCUSSION WITH THEM, AND THEY FORTUNATELY DID AGREE TO ALLOW US TO REMOVE THAT CONNECTION. AND WE DID GET A SIGNED LETTER FROM THEM STATING AS SUCH. AND THAT WAS PROVIDED TO STAFF. I HAVE A COPY IF YOU WOULD LIKE TO SEE IT, BUT IT'S PRETTY BOILERPLATE OF, YOU KNOW WHAT WE'RE DOING AND THEY APPROVE OF THAT REMOVAL. SO BETWEEN THOSE TWO ITEMS, WE WERE ABLE TO SAVE ABOUT A DOZEN ADDITIONAL TREES OVER IN THIS PRESERVATION ZONE AREA. AS JAKE MENTIONED, ONE OF THOSE BEING THE LARGE POST OAK. THAT IS JUST UNDER BEING AN ACTUAL SPECIMEN TREE AND WOULD HAVE BEEN INCLUDED ON THIS REPORT PRIOR TO NOW. BUT SO WE, I WOULD SAY WE WERE SUCCESSFUL AND WE ACCOMPLISHED WHAT WE WANTED TO DO THERE. AND LIKE I SAID, SAVING THAT LARGER POST OAK WAS DEFINITELY A BONUS. AND SOMETHING WE WERE WE WERE DEFINITELY TRYING TO DO WHEN TAKING THINGS OUT OVER THERE. AND JUST IN ADDITION TO THAT, AS JAKE MENTIONED, YOU KNOW, THE LESS WORK AND LESS WE TOUCH IN THIS PRESERVATION ZONE, THE MORE THE GREATER ABILITY WE HAVE TO MAINTAIN ANY OF THE EXISTING TREES OVER THERE THAT, AS JAKE SAID, THEY DON'T AREN'T BIG ENOUGH TODAY TO QUALIFY AS BEING PROTECTED OR OBVIOUSLY A SPECIMEN TREE. BUT THERE IS A PLETHORA OF TREES OVER THERE THAT WILL BE ALLOWED TO CONTINUE TO GROW AND WILL CONTINUE TO FILL IN THAT SPACE. TO THEN HIT ON THE SECOND POINT OF LOOKING AND SEEING IF WE COULD MANIPULATE THE SITE TO SAVE THIS LARGER MULTI-TRUNK HERE. SO AS I KIND OF MENTIONED LAST TIME WE WERE HERE, GRADING WAS ONE OF THE MORE DIFFICULT ASPECTS OF THIS PROPERTY. JUST THE CHANGE IN GRADE FROM FRONT TO BACK. AS WELL AS TRYING TO ADHERE TO FIRE CODE AND JUST GENERAL MANEUVERABILITY OF THE LARGE SEMI TRUCKS AND EVERYTHING THAT WAS GOING TO GO IN THERE. SO EVEN LOOKING AT I KNOW ONE OF THE SUGGESTIONS WAS, COULD WE SHRINK THE FOOTPRINT OF THE BUILDING? COULD WE LOOK AT WAYS TO TRY AND CREATE SOME MORE SPACE OVER THERE? THE. CHALLENGE OR HARDSHIP, I WOULD SAY WITH THIS ONE WAS IS THE EXISTING ELEVATION WHERE THAT PARTICULAR TREE IS SITS ABOUT 3 TO 4FT HIGHER THAN OUR CURRENT FINISHED FLOOR ELEVATION, WHICH ALSO PUTS IT A COUPLE OF FEET EVEN GREATER THAN THAT TO OUR EXISTING CONNECTIONS THAT WE WERE KEEPING, ONE BEING TO THE PROPERTY TO THE NORTH OF US HERE, WHICH IS THE OTHER INDUSTRIAL DEVELOPMENT. AND THEN OBVIOUSLY OUR ROADWAY CONNECTION HERE THAT IS SHOVED AS FAR OVER AS IT CAN BE AND LOWERED AS MUCH AS WE COULD. AND BETWEEN THOSE TWO THINGS, JUST TRYING TO GET DOWN AND GETTING THAT EXISTING ELEVATION TO WORK FOR THAT SPECIFIC TREE RIGHT THERE WAS JUST PROVING TO BE JUST NOT SOMETHING THAT WAS GOING TO BE FEASIBLE WITHOUT EFFECTIVELY TAKING OUT A GOOD CHUNK OF THE SITE AND MAKING IT UNDEVELOPABLE IN ORDER TO SAVE THAT ONE. SO LIKE I SAID, DON'T WORRY, LEGITIMATE EFFORT WAS PUT IN TO TRY AND SEE. COULD WE EVEN GOING SO FAR AS COULD WE GIVE UP SOME SQUARE FOOTAGE? AND UNFORTUNATELY, IT WAS JUST MORE OF THE EXISTING CONDITIONS THAT ARE OUT THERE AND DEALING WITH THE GRADES THERE AS BEST AS WE CAN. IT WAS JUST NOT SOMETHING FEASIBLE, UNFORTUNATELY. SO I THINK THAT KIND OF HITS THE HIGH POINTS. I'M HAPPY TO REITERATE ANY OF THE PIECES FROM THE LAST TIME WE WERE HERE, IF YOU GUYS WOULD LIKE US TO. BUT OTHERWISE I WILL PAUSE THERE. AND I JUST WANT TO SAY THANK YOU. YEAH. FOR WORKING WITH US AND TRYING YOUR BEST AND SAVING THE YOUNGER TREES BY MOVING THAT DRIVEWAY. AND I APPRECIATE YOUR FLEXIBILITY AND YOUR WILLINGNESS TO WORK THROUGH THAT. THANK YOU. ABSOLUTELY. ALL RIGHT. WELL, THANK YOU VERY MUCH FOR THE WORK YOU DID ON THAT FAR WESTERN PORTION OF THE PROPERTY. I MUCH PREFER SAVING THOSE TREES, AND SOME OF THEM ARE PRETTY SIGNIFICANT VERSUS HAVING AN ACCESS ROAD THAT WE DON'T NEED. BUT I'M GOING TO CHALLENGE YOU ON THIS ONE TREE. SO WHEN YOU CAME IN LAST TIME, YOU SAID THAT THE BUILDING YOU'RE PROPOSING IS CONSISTENT IN THE PLACEMENT AND THE FOOTPRINT OF WHAT THE PD CONTEMPLATED 20 YEARS AGO. RIGHT? SURE. OKAY. SO DO ME A FAVOR. GO TO SLIDE SEVEN. SO I DO YOU WANT TO SEE THE TREE? SORRY. NO, THIS IS THE TREE THAT WE WANT TO TALK ABOUT. AND THIS IS THE SLIDE. IF YOU CAN MAKE IT FULL SCREEN, THAT'D BE NICE. OKAY. SO I GOT PERMISSION TO GO OUT AND WALK AROUND TODAY, AND I WENT OUT AND I TOOK A LOOK AT THIS TREE. [01:55:05] AND WHAT WAS INTERESTING, YOU CAN KIND OF SEE IT IN THIS PICTURE. SO IN FRONT OF LAKESIDE RANCH IS SOME KIND OF RURAL FENCING MONUMENT. IT'S RED PIPE FENCING, AND IT HAS LR FOR LAKESIDE RANCH ON IT. YOU'VE PROBABLY SEEN IT ON LAKESIDE. THIS TREE AND THE ONES NEXT TO IT HAVE THE SAME FENCING AROUND THEM. YOU CAN SEE IT IN THIS PICTURE. YOU CAN SEE THE PIPE FENCING IN THIS PICTURE. IT GOES ALL THE WAY AROUND THE TREES. SO AT SOME POINT, DO YOU KNOW WHO PUT THAT FENCE THERE AND WHY? I PERSONALLY DON'T KNOW. IT WE ARE AWARE OF IT. IT SHOWED UP ON THE SURVEY. WE KNOW IT'S THERE, BUT IT GOES ALL THE WAY AROUND THE TREE. THERE'S NO GATE. IT'S CONSISTENT IN THE MATERIAL AND FINISH OF THE ORNAMENTAL FENCES ALONG LAKESIDE. DO ME A FAVOR AND GO ADVANCE. TWO SLIDES, PLEASE. WHEN YOU GO BACK TO THE ORIGINAL PD FROM 2004, AND YOU LOOK AT THAT BUILDING IN THIS PD, THOSE TREES ARE RIGHT THERE. THEY WERE ALWAYS PLANNED TO BE SAVED. THE TREE THAT WE'RE TALKING ABOUT IS THE ONE ON THE RIGHT. AND THE TWO OTHER TREES IN THAT FENCED IN AREA. SO WHOEVER PROPOSED THIS PLANNED DEVELOPMENT BACK IN 2004 SAID, AND THERE'S A LOT OF ENVIRONMENTAL FEATURES IN THIS PLAN DEVELOPMENT THAT THEY SAID, IN ORDER TO GIVE US ALL THESE WAREHOUSES, WE'RE GOING TO SAVE ALL THESE ENVIRONMENTAL FEATURES. THEY SPECIFICALLY CALLED OUT THESE TREES ON THEIR PLAN. THEN THEY WENT AND PUT A FENCE AROUND IT TO SAY, WE'RE NOT GOING TO CUT THESE TREES DOWN. SO WHAT I'M ASKING YOU TO DO IS TO BUILD THE BUILDING THAT WAS CONTEMPLATED 20 YEARS AGO IN THE MANNER THAT WAS CONTEMPLATED IN THE PD, AND JUST STICK TO THE PD. SO IN MY OPINION, EVERY EXHIBIT IN THIS DOCUMENT SHOWS THE ACCESS ROAD GOING AROUND THOSE TREES. THEY PUT A FENCE AROUND IT. THEY SOLD THE TOWN ON SAVING THOSE TREES. LET'S SAVE THOSE TREES. I GUESS I WOULD SAY AS OF RIGHT NOW, YEAH, I CAN AGREE. I CAN SEE THAT THESE ARE HERE. WHAT I WOULD SAY IS AT LEAST WHERE THIS INITIAL DRIVE WOULD BE RIGHT HERE. AND HONESTLY, REALLY, THE WHOLE LAYOUT IS LARGELY DONE WITH CONCEPTUAL IDEA OF WHAT THE GRADING AND TOPOGRAPHY OF THE EXISTING SITE IS OUT THERE. SO A LOT OF TIMES YOU COME UP WITH THESE PLANS THAT ARE CONCEPTUALLY GOOD IN WHAT YOU'RE TRYING TO DO, BUT ONCE YOU GO OUT THERE AND YOU ACTUALLY SEE WHAT THE MAKEUP IS, YOU'RE NOT ALWAYS ABLE TO GET THOSE PLANS THAT YOU WANT TO WORK. THAT'S KIND OF WHY I WAS TRYING TO SAY, HEY, YOU KNOW, GRADING ON THIS ONE WAS REALLY A KICKER ON THIS ONE. ALSO, JUST IF TWO CENTS LOOKING AT THIS ONE HERE, THE TURN RADIUS OF COMING INTO THIS DRIVE OVER HERE IS JUST NOT FEASIBLE OR WORK WITH ANY CURRENT OTHER ORDINANCES OR DESIGN CONSIDERATIONS THAT WE'D HAVE TO TAKE IN RIGHT NOW TO THIS DRIVE WOULD ALSO CUT THROUGH A 45 FOOT LANDSCAPE EASEMENT THAT CUTS ACROSS THE FRONT PORTION OF THE PROPERTY HERE. SO THIS WOULD WELL, ONE, WE WOULD BE GOING THROUGH IT PARALLEL AS OPPOSED TO CROSSING IT, TRYING TO MINIMIZE OUR IMPACT ON THAT AREA. AS WELL AS THERE'S SOME ADDITIONAL TREES THAT ARE IN THAT 45 FOOT LANDSCAPE AREA THAT WE WERE ABLE TO MODIFY OUR GRADING AND MAINTAIN AS WELL. SO TO SOME DEGREE, IT'S A LITTLE BIT OF IF WE DID ONE, I DON'T THINK THE ACTUAL LAYOUT ITSELF IS FEASIBLE GIVEN WHAT WE NOW KNOW OF THE TOPOGRAPHY ON THE SITE. BUT I ALSO THINK THAT YOU RUN THE POTENTIAL OF TAKING OUT ADDITIONAL TREES, JUST KNOWING WHAT I KNOW ABOUT THIS SITE, IN TRYING TO ACCOMMODATE THIS ONE AND PERHAPS SAVING ONE OF THE LARGER ONES, WOULD TAKE OUT SUBSTANTIALLY MORE OF THE SMALLER ONES THAT WE ARE CURRENTLY PROPOSING TO MAINTAIN AND THEN WOULD LIKE TO SEE, TO CONTINUE TO GROW IN THE SAME MANNER AS WE WOULD TRYING TO KEEP ALL THE ONES, THE SMALLER ONES TODAY IN THAT PRESERVATION ZONE AS WELL. SO THE SMALLER ONES AREN'T POST OAKS THOUGH, RIGHT? WE HAVEN'T LOGGED THE ONES THAT WERE UNDER THERE, SO I CAN'T SPEAK TO ANY. I GUESS IT'S A MIX OF POST OAK, RED OAK AND ASH DOWN IN THERE ON THE SMALLER SPECIES, BUT PRIMARILY. YEAH, NOT PROTECTED SIDES. YEAH. AND THAT'S WE'RE TALKING ABOUT THE LANDSCAPE BUFFER. RIGHT. YEAH. OH YEAH. I GUESS ALL ALONG THE ROAD. YEAH. THOSE ARE ALL CEDAR ELMS FOR THE MOST PART. OKAY. WITHIN THIS AREA. STILL A GOOD TREE TO HAVE. YEAH. EASILY REPLACED AND PROTECTED SIZE. SO THE APPLICANT WHO BROUGHT THIS TO COUNCIL IN 2004 COMMITTED TO SAVING THESE TREES IN THEIR PLAN. THEY PUT A FENCE AROUND THEM SO THEY WERE CONFIDENT ENOUGH THAT THEY SAID, WE'RE GOING TO PUT A FENCE AROUND THESE TREES. [02:00:01] AND I KNOW THAT WASN'T YOUR PROMISE, BUT THAT WAS THE PROMISE THAT WAS MADE IN THIS PD. AND OUR JOB IS TO MAKE SURE THAT THE TOWN HOLDS THE DEVELOPERS ACCOUNTABLE WHEN THEY MAKE PROMISES. THEY CAN'T PROMISE US THAT THEY'RE GOING TO PRESERVE THE ENVIRONMENTAL FEATURES, CARVE THEM OUT, PUT A FENCE AROUND THEM, AND THEN COME BACK SOMETIME LATER AND SAY, WELL, WE LOOKED AT IT AND WE DIDN'T THINK THAT WAS SUCH A GOOD IDEA BECAUSE THAT MAY HAVE INFLUENCED THE DECISION OF THAT COUNCIL AT THAT TIME. THEY MIGHT HAVE SAID, YOU KNOW WHAT, IF WE CAN'T SAVE THESE 40 INCH POST OAKS, THEN MAYBE WE NEED TO RETHINK THIS WHOLE PART OF THE PROPERTY AND WE DON'T GET ANOTHER BITE AT THE APPLE. BUT WHAT WE CAN DO IS SAY YOU PUT IT ON YOUR PLAN. I EXPECT YOU TO CONFORM TO YOUR PLAN. AND I THINK THAT THAT'S HOW I'M INCLINED TO VOTE ON THIS ISSUE TONIGHT. DO YOU AND ONCE AGAIN, BECAUSE I'M UNAWARE OF WHERE THE WAS, WHO DO WE KNOW WHO PUT THE FENCES THERE? AND IF THOSE WERE SPECIFIC TO TRYING TO SAVE THESE TREES SPECIFICALLY FOR THIS? WELL, I CAN'T SAY FOR SURE, BECAUSE BUT WHAT I CAN DO IS SAY THAT SINCE YOU DON'T HAVE THAT INFORMATION, I HAVE TO JUST MAKE MY BEST GUESS. AND MY BEST GUESS IS, SINCE IT'S CONSISTENT WITH THE STYLE AND COLOR AND FORM OF THE OTHER MONUMENTAL FENCES ON THE DEVELOPMENT THAT THE PERSON WHO PUT THE FENCES UP THAT SAY, LR ON THEM, PUT THE FENCES AROUND THIS, THESE TREES, AND THEY DIDN'T EVEN PUT A GAP IN IT. IT LITERALLY JUST ENCIRCLES THE TREES. IT ALMOST AS IF TO SAY, WE'RE DESIGNATING THESE TREES FOR PRESERVATION IN THE MOST PERMANENT FASHION THAT WE CAN BY PUTTING A PERMANENT FENCE AROUND THEM, LIKE YOU WOULD DO IF YOU HAD THE POST OAK ON GIRAUD, WHERE THE WHOLE NEIGHBORHOOD IS NAMED AFTER THE POST OAK. YEAH, THAT. WELL, AND MAYBE WITH THE OWNERS THERE, LIKE THEY WERE PERHAPS PARTIAL TO THOSE TREES THEMSELVES. BUT, YOU KNOW, ONCE THEY GO TO SELL THE PROPERTY AND ALLOW IT TO BE DEVELOPED, ANYTHING THAT'S THERE CAN POTENTIALLY BE DEMOED AND THAT SO I, I'M NOT SURE ONCE AGAIN, WHY EXACTLY THE TREES WERE THERE. I THINK THERE'S A NUMBER OF REASONS WHY THEY COULD HAVE BEEN THERE. AND I'M NOT SURE GOING BACK AND LOOKING. I KNOW IN THE OVERALL PD THERE WERE SOME TREES SPECIFICALLY LISTED AND SOME AREAS THAT WERE SINGLED OUT, IF YOU WILL, FOR ENVIRONMENTALLY CONSCIOUS AREAS AND THOSE DIFFERENT ASPECTS SPECIFIC TO THE PD. WELL, LET ME STOP YOU THERE, TOMMY. DID YOU HAVE SOMETHING TO ADD ON THAT ON THE HISTORY OF THIS? YES, AS FAR AS THE FENCING GOES. PART WHAT THE APPLICANT HAD DONE EARLY ON SHORT SHORTLY AFTER ZONING APPROVALS, THEY PUT UP THESE RURAL STYLE FENCES, BECAUSE IF YOU'VE READ THE PD, THE PROPERTY, YOU KNOW, MAINTAINED ITS AG EXEMPTION AS THE PROPERTY IS DEVELOPED. THERE'S ACTUALLY ANOTHER SET OF FENCING AT DARROW AND OLD DARROW. IT'S ON THE CORNER. SO IT WAS MORE OF A KIND OF A MARKETING COMPONENT FOR THEM NOW. COUNCIL MEMBER . SCHIESTEL. I HAVEN'T BEEN OUT ON THE PROPERTY TODAY. I'M JUST LOOKING AT THE STREET VIEW, AND IT LOOKS MORE. I DON'T SEE IT ENCIRCLED. IT'S MORE OF A KIND OF A CORNER FEATURE. AND THAT'S WHAT I RECALL OF THIS PROJECT. GRANTED, IT WAS IN 2004. I STARTED IN 2003. SO YOU'RE TESTING MY MEMORY? AND I ALSO RECALL THERE WERE THERE WERE OTHER SECTIONS OF THESE FENCING, BUT RIGHT NOW I THINK THERE'S ONLY TWO LEFT, THIS ONE AND THE ONE AT DARROW AND OLD DARROW. CAN YOU GO BACK TWO SLIDES TO THAT PICTURE? SO YES, I YOU CAN'T SEE THIS FENCE FROM THE STREET. THERE'S THE MONUMENTAL FENCE THAT HAS THE LR ON IT. BUT THEN WHEN YOU WALK BACK INTO IT AND YOU GET TO THE STREET, THAT FENCE THAT YOU CAN SEE IN THIS PICTURE GOES ALL THE WAY AROUND IN CIRCLES, THE 4 OR 3 OR FOUR TREES THAT ARE IN THIS GROVE COMPLETELY IN EVERY SIDE. AND IT'S SORT OF OVERGROWN TO THE POINT WHERE YOU CAN'T REALLY SEE IT. THERE WAS PROBABLY A TIME WHEN THEY PUT IT AROUND AND IT WAS VISIBLE AND LIKE YOU SAID, FOR MARKETING REASONS, LIKE, LOOK AT THESE TREES THAT WE'RE SAVING. BUT OVER TIME, IT JUST FILLED IN AND IT'S IMPOSSIBLE TO SEE NOW, EXCEPT IN THE WINTER WHEN IT ALL THE LEAVES FALL OFF. BUT IT'S THERE. IT'S IN GOOD SHAPE. MY LIMITED KNOWLEDGE IS TO THE RED PIPE AND RAIL STYLE FENCING, NOT ANYTHING THAT IS MORE OF AN AGRICULTURAL STYLE. THIS IS RED PIPE AND RAIL FENCING. EXACTLY LIKE THE MONUMENTAL FENCING ON LAKESIDE. IT'S JUST IN THE WOODS ENCIRCLING THESE TREES. YEAH, I'M ONLY REFERENCING THE ONES ON THE CORNER. RIGHT. YEAH. AND SO SINCE IT'S CONSISTENT WITH THE ONES ON THE CORNER, IT SEEMS LIKE THEY WERE PUT IN AT THE SAME TIME. MOST LIKELY. AND FOR THE PURPOSE. AND I'M MAKING THIS UP BECAUSE I DON'T HAVE THE ANSWER. I CAN JUST ASSUME THAT THEY PUT THESE TREES ON THEIR PLAN. THEY PUT A FENCE AROUND THEM. THEY PROBABLY HAD SOLD THE COUNCIL THEN ON SAVING THESE SPECIFIC TREES. AND THERE AREN'T A LOT OF TREES ON THE PD EXHIBITS THAT ARE SPECIFICALLY MARKED OUT ONLY MAYBE 5 OR 10, BUT THESE ONES ARE. I THINK IT'S PLAUSIBLE THAT THEY DID IT TO SAVE THE TREES, BUT I THINK IT'S ALSO PLAUSIBLE THEY DID IT TO SAY THEY WERE GOING TO SAVE THE TREES TO GET THEIR ZONING. SO WITHOUT A, YOU KNOW, OBJECTIVE PROOF, I DON'T KNOW THAT I CAN HINGE MY DECISION ON THAT. I DO HATE TO SEE THIS TREE GO, FOR SURE. BUT IF WHAT YOU'RE SAYING IS TRUE, THAT THERE'S NO OTHER WAY. [02:05:08] AND ALSO KNOWING THAT THE POST OAKS ARE SENSITIVE TREES, THEY DON'T LIKE TO BE DISTURBED. AND IF YOU WERE TO BUILD, I ENVISION A RETAINING WALL TO COMPENSATE FOR THE CHANGE IN ELEVATION THAT STILL MAY NOT HAVE THE TREE SURVIVE, THAT THEY'RE VERY FINICKY. AND THAT'S ACTUALLY WHY SOME OF THE WHEN WE HAD THAT CROSS AXIS DRIVE THAT WAS GOING THROUGH THERE, WE SAID WE BY TAKING THAT OUT, WE WERE ABLE TO SAVE THAT LARGER POST OAK. IT WASN'T REALLY WITHIN THAT FOOTPRINT OF THAT CROSS CONNECTION THERE, BUT IT WAS FAIRLY CLOSE TO WHERE IT WOULD BE REASONABLE TO ASSUME THAT THAT WAS NOT GOING TO DO WELL. SO THAT'S WHY THAT HAD WE HAD KIND OF ALREADY TAKEN THAT INTO CONSIDERATION THERE. SO LIKE I SAID, I GUESS THEN AGREEING WITH YOU AND THAT THEY ARE TEMPERAMENTAL AND YOU DO WANT TO TRY TO GIVE THEM AS MUCH SPACE AS IS FEASIBLE IF YOU ARE GOING TO TRY AND SAVE THEM. SO I UNDERSTAND SOMETIMES POST OAKS WILL DROP THEIR, I GUESS, ACORNS AND LITTLE BABY ONES GROW UP. THEY USUALLY DO BETTER WHERE IF THEY GROW, WHERE THEY START TO TAKE HOLD. BUT IF WE FIND THE BABY POST OAK TREES, CAN WE HAVE THEM? I I'M MAYBE. I GUESS I CAN'T SPEAK FOR THEM, BUT I'M KIND OF THINKING THEY'RE VERY HARD TO COME BY. RIGHT? WELL, I KNOW WE ARE SAVING MORE THAN ONE OVER IN THAT PRESERVATION AREA. UNLESS THE LARGER ONE. THAT'S VERY CLOSE TO BEING A SPECIMEN TREE. NOW, THAT WILL BE SAVED. SO THAT WILL BE MORE EASILY ACCESSIBLE NOW AND WILL STILL BE THERE FOR I GUESS, TO HAVE ANY MORE LITTLE KIDS. COME ON OUT. IF WE WERE TO ADJUST THAT LANDSCAPING BUFFER AND GIVE SOME EXCEPTION FOR THE LANDSCAPE BUFFER, IS THERE ANY POTENTIAL TO GET AROUND THIS TREE? I SITTING HERE, THE ANSWER TO MY GUT WOULD TELL ME NO. AND THAT'S ONCE AGAIN, I HATE SOUNDING LIKE A BROKEN RECORD, BUT REALLY THE EXISTING TOPOGRAPHY OUT THERE, IT DROPS PRETTY RATHER QUICKLY, ESPECIALLY CLOSER TO THE ROAD RIGHT THERE. WE WOULD ALSO HAVE TO BE CAREFUL AND COGNIZANT ABOUT OUR TURN RADIUS AND BEING ABLE THAT KIND OF 180 DEGREE TURN. IF YOU WERE COMING SOUTH ON THE ROAD THERE AND WE'RE GOING TO GO TAKE A RIGHT OR I GUESS FROM OUR PLAN HERE, THREE POINT TURN. IF YOU WERE TRAVELING FROM THIS SIDE, LIKE I SAID, TO COME HERE AND WE WERE TIGHTER, YOU WOULD BE MAKING AT 180 DEGREE TURN, WHICH IS TYPICALLY NOT GOOD DESIGN PRACTICE. AT LEAST WITHIN THAT TIGHT, YOU WANT TO BE ABLE TO MAKE THAT A MUCH MORE COMFORTABLE TURN NOT ONLY FOR FIRE TRUCKS, BUT ALSO THIS BEING AN INDUSTRIAL BUILDING AND ZONED AREA. WE ALSO HAVE TO MAKE SURE THAT WE'RE ACCOMMODATING THOSE LARGE SEMIS AS WELL. AND WE TRY TO GIVE THEM AS MUCH ROOM AS WE CAN SO THAT THEY CAN MANEUVER AROUND AND AREN'T BACK IN THEIR TRAILERS INTO ANYTHING OR YOU KNOW, CUTTING THOSE CORNERS A LITTLE SHORT AND RUNNING OVER THE CURB, CREATING THOSE LITTLE MUDDY AREAS. SO WE DEFINITELY TRY AND THAT'S WHY WE HAVE THE LARGER THAN NORMAL, SO TO SPEAK, RADII, YOU SEE, COME IN HERE, USUALLY A LARGER ENTRANCE TO TRY AND GIVE THEM THAT ROOM. SO I REALLY DO MY PROFESSIONAL OPINION. I THINK IT WOULD IT IS NOT FEASIBLE TO BE ABLE TO TRY AND TURN QUICKER THERE AND CREATE THAT ADDITIONAL SPACE IN THAT MANNER. OKAY. COUNCIL, DOES ANYONE ELSE HAVE ANY QUESTIONS FOR JAKE OR THE APPLICANT? THE OTHER THING THAT I THINK YOU MENTIONED ON THAT LANDSCAPE BUFFER, YOU'RE PRESERVING TREES THAT ARE CURRENTLY THERE, THAT IF THEY WERE LARGER THEY COULD BE SPECIMEN OR PROTECTED TREES. IS THAT A FAIR STATEMENT? YES, I WAS A LITTLE UNCLEAR WITH THAT. THESE ARE ALL PROTECTED SIZE. THE ONES THAT ARE SHOWN ON HERE, THEY WERE JUST EXISTING LANDSCAPE TREES THAT WERE PLANTED. NOT SURE HOW LONG AGO. PROBABLY 5 OR 6 YEARS WOULD BE MY GUESS, BUT MAYBE WITH THE ROAD. YEAH. SO TO ANSWER YOUR QUESTION, THERE ARE SOME THERE THAT YES, THESE AND OF THEMSELVES ARE NOT THEY ARE PROTECTED BECAUSE THEY'RE BIG ENOUGH TO BE COUNTED, BUT THEY ARE NOT BIG ENOUGH TO BE SPECIMEN TREES YET. AND SO ANY OF THEM THAT ARE IN HERE, AND IN PARTICULAR THIS 45 FOOT AREA IN THE BIGGER CHUNK KIND OF THIS MIDDLE AREA WILL BE MAINTAINED AND THERE ARE SOME ADDITIONAL TREES IN THERE THAT DON'T SHOW UP BECAUSE THEY'RE NOT PROTECTED TODAY, BUT THEY WILL CONTINUE TO GROW IN THAT AREA AS WELL. SO FOR THOSE REASONS, YOU KNOW, I'M GENERALLY IN AGREEMENT WITH YOU THAT IF THE IF THIS TREE WAS EARMARKED TO SAVE, LET'S SAVE IT. SOUND LIKE WITH THE TOPOGRAPHY THAT'S NOT VERY REALISTIC TO BE ABLE TO DEVELOP THAT PROPERTY AND THE FACT THAT BY SACRIFICING THAT ONE [02:10:01] TREE. WE'RE SAVING ALL THE OTHER PROTECTED TREES THAT WILL EVENTUALLY BECOME SPECIMEN TREES. THAT'S. THAT'S OKAY. I'M OKAY WITH THAT. AND ONCE AGAIN, BY TAKING OUT THE CROSS, WE ARE GETTING TO SAVE THIS OTHER LARGE. NOT OBVIOUSLY NOT AS BIG AS THE 39 HERE, BUT THE ALMOST 22 INCH OVER HERE. WE ARE BEING ABLE TO MAINTAIN. AND THAT'S NOT ONE THAT I BELIEVE WAS SHOWING UP ON THE CONCEPTUAL PLAN. SO PERHAPS IT COULD BE LOOKED MORE AS A WE WERE UNABLE TO SAVE THAT ONE DUE TO TOPOGRAPHY, BUT IN KEEPING WITH THE SPIRIT OF EVERYTHING THERE, WE WERE ABLE TO SAVE THIS OTHER ONE IN LIEU OF SAVING THAT LARGER ONE. SO I REALLY APPRECIATE YOU GUYS SAVING THE CROSS ROAD THERE AND SAVING THE MORE TREES. I DO FEEL LIKE THERE'S STILL A LITTLE BIT MORE INVESTIGATION WE COULD DO TO TRY AND SAVE THIS ONE TREE. IT IS A POST OAK. I UNDERSTAND CEDAR ELMS ARE IN THE RIGHT OF WAY THERE, WHICH ARE REPLACEABLE. PRETTY EASILY REPLACEABLE. I WOULD LIKE YOU ALL TO SEE IF WE COULD GRANT AN EXCEPTION FOR THE LANDSCAPE BUFFER AND TRY AND SAVE THAT ONE POST OAK. ALL RIGHT. THIS IS A PUBLIC HEARING. DO YOU ALL HAVE ANY OTHER QUESTIONS? COMMENTS? OKAY. THIS IS A PUBLIC HEARING. SO I'M GOING TO OPEN THIS TO THE PUBLIC FOR PUBLIC COMMENT. DOES ANYBODY OUT IN THE AUDIENCE HAVE PUBLIC COMMENT? BECAUSE THERESA YOU DON'T HAVE ANY PUBLIC COMMENT CARDS? ANYONE WANT TO SPEAK? OKAY. NO. NO ONE'S COMING FORWARD. SO I'M GOING TO GO AHEAD AND CLOSE THIS. AND IS THERE ANY MORE DISCUSSION OR DO YOU ALL WANT TO MAKE A MOTION? SO I WENT OUT AND WALKED THE PROPERTY TODAY. I DO FEEL LIKE THE WAY THE TERRAIN LAYS OUT THAT THE ACCESS ROAD BEING ON THE OTHER SIDE OF THAT TREE, AS SHOWN IN THEIR RENDERINGS, IS FEASIBLE. IT SEEMS LIKE IT FLATTENS OUT BEFORE YOU GET TO THE TREE. SO I THINK, LIKE CHRIS SAID, THERE'S AN OPPORTUNITY FOR MORE INVESTIGATION. AND THE DENIAL OF TREE 3953 WOULD SIMPLY REQUIRE THE DEVELOPER TO EXECUTE THE PLAN THAT THEY PROMISED TO THE TOWN WHEN THEY ASKED FOR ZONING INITIALLY. AND IT'S FEASIBLE, AND I DON'T THINK IT REALLY IMPACTS THE ACCESS ROAD ONE WAY OR THE OTHER. SO THE GOOD WORK THEY DID THERE, WHICH DOES SAVE THEM MONEY ON NOT HAVING TO PUT THAT ROAD IN, IS A BENEFIT TO THEM AND A BENEFIT TO THE TOWN. SO I WOULD BE IN FAVOR OF A MOTION TO APPROVE THE REMOVAL OF 38, 27, 39, 35 AND THE DENIAL OF 3953. DO WE HAVE A SECOND? SECOND. OKAY. THERESA IF YOU'LL TAKE THE ROLL. . OKAY. ITEM J.3 PASSES FOR WITH THE VOTE OF 4 TO 1. ALL RIGHT. AT THIS TIME, I THINK THAT'S ALL WE HAVE. YEAH. THE TIME IS NOW 8:15. AND THE TOWN COUNCIL IS CONVENING INTO CLOSED MEETING PURSUANT TO [L. CLOSED MEETING] TEXAS GOVERNMENT CODE CHAPTER 551, SECTION 071072074 AND 087. WE'LL BE BACK. GOOD EVENING. THE TIME IS NOW 1005, AND WE ARE RECONVENING INTO AN OPEN SESSION. [M. RECONVENE] AND THERE'S NO ACTION TO BE TAKEN AS A RESULT OF THE CLOSED SESSION. SO WE ARE ADJOURNING AT THIS TIME. GOOD NIGHT. FLOWER MOUND. * This transcript was compiled from uncorrected Closed Captioning.