[9. Consider and act upon approval of Change Order #3 related to construction services for the Hays Park Project (1802-PK) to Ratliff Hardscape, Ltd., and authorizing the Town Manager to execute the same. (DB)]

ITEM NUMBER NINE FOR US ON THE CONSIDERING ACT UPON THE APPROVAL OF THE CHANGE ORDER NUMBER THREE RELATED CONSTRUCTION SERVICES, A PARK YOU BET. MAYOR COUNCIL. THANK YOU. UM SO WHAT? WHAT WE'RE ASKING FOR HERE, UH, BACK IN THE LAST BUDGET. YOU ALL HAD APPROVED, UH, $60,000 TO GO TOWARDS. UM UH, TO CORRECTION. DRAINAGE ISSUES WE'RE HAVING DONE AT THE PARK. THIS WAS A PARK. AND IT WAS BEFORE I WAS HERE BUT I BELIEVE WAS COMPLETED END OF 21. UH UM. THROUGH THE MAY RAINS. WE STARTED SEEING A GOOD AMOUNT OF WATER THAT WAS WASHING ACROSS THE PARK INTO NEIGHBORING PROPERTIES. SO AT THAT TIME WE PULLED BACK OUT.

THE CONTRACTOR CONSULTANTS, ENGINEERS. THE ONES THAT WERE PAID THIRD PARTY PAID FOR ONES THAT ARE HERE AT THE AT THE TOWN. IT FELT LIKE EVERYTHING WAS CONSTRUCTED AND DESIGNED.

THE WAY IT SHOULD HAVE BEEN. UM WE DON'T HAVE ANY REAL HISTORICAL DATA AS FAR AS HOW MUCH WATER WOULD SHOULD BE GOING ACROSS THAT PARK. BUT WE DID GET VIDEO FROM THE RESIDENTS AND IT WAS SIGNIFICANT, SO WE TOOK IT UPON OURSELVES TO MEET WITH THE CONSULTANTS AGAIN AND SEE WHAT ELSE COULD BE DONE. UM WITH WITH THIS PARK TO HELP WITH THAT ISSUE, AND IF YOU LOOK AT THE PLAN YOU SEE ABOVE YOU, UM SO THE FIRST THING WE'RE ASKING FOR A CHANGE ORDER FOR AN ADDITIONAL $10,450. I BELIEVE IT'S THE PROJECT CAME IN ABOUT A LITTLE OVER 10,000 OVER WHAT WE HAD ASKED THE ORIGINAL BUDGET REQUEST. UM SOME OF THAT STEW. OBVIOUSLY JUST CONSTRUCTION COSTS CHANGING. THERE WAS A LITTLE BIT OF SCOPE CHANGE HERE AS WELL. UH BUT THE IDEA IS TO SO FIRST OF ALL. THE WATER IS ALWAYS FLOWED FROM THE SOUTHWEST CORNER TO THE NORTHEAST CORNER, THE HIGH PARK ON THE PART OF THE SOUTHWEST CORNER. THE DRAINAGE EASEMENT RUNS ALONG THE NORTH END OF THE PARK. AND THEN AS YOU GO FURTHER NORTH, AND YOU CAN SEE ON THE AERIAL PHOTO THERE NORTH OF THE PARK BETWEEN THE TEAM NEIGHBORS TO THE NORTH NORTHEAST. THE WATER DRAINS THROUGH. UM ON STREET. EXCUSE ME , THERE'S NO IN GROUND. UM UM WHAT. WATER SUPER PLANETS.

EXCUSE ME STORM SEWER SYSTEM IN THIS NEIGHBORHOOD, SO EVERYTHING SURFACE TRAINS. GETS TO THROUGH THE BAR DITCHES TO EVENTUALLY TOOTH CREEKS AND OUT. UM SO THE WATER IS ALWAYS MOVED THAT DIRECTION. AT THE SAME TIME, THE NEIGHBOR TO THE NORTH WAS DOING SOME IMPROVEMENTS IN HIS BACKYARD. AND HAS TOLD US THAT HE WHAT WAS DONE AT THE PARK HAS CREATED AN ADDITIONAL IMPACT ON HIS PROPERTY. AGAIN IT'S A LITTLE BIT OF A HE SAID. SHE SAID THING, BUT WE SEE WHAT'S HAPPENING AND WE FELT THERE WAS A CORRECTION THAT NEEDED TO HAPPEN. SO THE IDEA WAS LET'S SLOW THAT WATER DOWN AND CREATE SOME REALLY DETENTION THERE. DETENTION BEING NOT FULL TIME, RIGHT? IT'S WELL, WE WERE EVERYTHING IN RED. AT THE NORTHEAST WOULD BE THE ADDITION

[00:10:01]

OF A BAR, UM, ABOUT 18 TO 20 INCH TALL BERM WITH THE DRAIN ON THE SOUTHWEST SIDE OF THAT. SO WATER WOULD CHANNEL THE MIDDLE PARK LIKE IT'S DOING NOW. UM BASICALLY BE DETAINED BY THAT BOMB. FED TO THE DRAIN AND THEN PIPES. OVER INTO ONTO THE PROPERTIES TO THE NORTH WITHIN THE DRAINAGE EASEMENT. SO THAT'S OR ESCAPING. AND THAT WAS SOMETHING WE HAD. WE HAD BROUGHT UP THROUGH THROUGH BUDGET REQUEST AND WAS APPROVED QUESTION GOES TO THE DESIGN TEAM. WHAT CHANGED. FROM WHEN THEY DESIGNED IT. SO I DON'T HAVE A GREAT ANSWER, REALLY? SO WHAT WAS SO THAT PART BEFORE WAS A BIG OPEN LOT WITH TWO WATER TANKS. YOU KNOW, WHEN WE LOOK AT IT, YOU LOOK AT IMPERMEABLE SURFACE FIRST PERMEABLE SURFACES , THE WATER BEING CHANNELED MORE QUICKLY. UM WE DON'T FEEL LIKE IT WAS WE WERE REMOVED TO SOLID WATER TANKS PUT IN A PAVILION, WHICH YOU COULD EQUATE THE TWO AND THEN WE ADDED A PLAYGROUND PLAYGROUND. IS ABOUT 18 INCHES DEEP PIT WITH DRAINAGE. SO EVERYTHING AROUND THE PAVILION PLAYGROUND GETS PUSHED. AT WARD AWAY FROM THERE. TO AN AREA SO THAT WE CONTINUE TO TRAIN THAT NORTHEAST. SO AS FAR AS THE CONSULTANTS AND ENGINEERS LOOK AT IT, THEY'RE SAYING WE DID NOT CHANGE ANYTHING. WHAT YOU COULD ARGUE A LITTLE BIT IS BECAUSE WE HAD TO FLATTEN THAT AREA. YOU KNOW, LIKE I SAID, WE'RE STILL ON A PRETTY GOOD INCLINE. IT'S ABOUT 12 FT. DROP FROM THE SOUTHWEST CORNER TO THE NORTHEAST CORNER. SO WATER IS MOVING PRETTY GOOD THROUGH THERE. WE HAVE. CAPTURED SOME WATER AND OTHER AREAS AND HAVE PUMPED THAT OR TRAINED TO THAT SAME LOCATION. SO WHAT WE PART PAST WEEK DONE, THERE IS CREATE MORE OF A CHANNEL BECAUSE YOU DON'T HAVE THIS ONE BIG FLAT AREA. YOU'VE HAD A CHANGE SOME GRADES, CREATE SOME MOVEMENT. SO WE WHAT WE BELIEVE IS THE SPEED OF THE WATER COMING ACROSS THE PARK MAY HAVE INCREASED A LITTLE BIT. I DON'T BELIEVE WE'VE ADDED WATER. THE WATER. WHAT'S WHAT'S FALLING ON THAT PARK OR STORE PEOPLE IN THE PARK HAS MOVED IN THAT SAME DIRECTION. WE MAY HAVE CHANNEL IZED IT A LITTLE BIT. BUT MIKE, UNFORTUNATELY, YOU WEREN'T HERE, NOR NEITHER WAS I. BUT I DID. FOR WHEN THE DECISION MAKING WAS MADE, BUT I WAS OUT THERE DURING THE ORIGINAL DESIGN OF THAT, AND, YEAH, THE WATER TRAVELS VERY QUICKLY IN THE RAIN. MY POINT ON ALL OF THIS IS I'M RELUCTANT TO VOTE FOR IT BECAUSE I BELIEVE IT WAS DESIGNED BY OUR CONTRACTORS INCORRECTLY. AND NOW YOU'RE HAVING TO WE ARE HAVING TO PAY TO FIX THAT. SO UH HUH. I MY PERSONAL BELIEF IS THIS GOES BACK TO THE DESIGNERS OF THIS PARTICULAR PIECE OF PROPERTY SO I'M NOT AN ENGINEER. AND AS YOU SAID, I WASN'T HERE FOR THIS. WE HAVE HAD EVERYBODY OUT THERE TO GO TAKE A LOOK AT IT. PEOPLE WERE PAID TO DO THE JOB. PEOPLE THAT ARE HERE AT THE TOWN AND EVERYONE FEELS LIKE THE WATER IS DOING WHAT IT'S SUPPOSED TO DO THE WATER, THE WATER ZONE EXACTLY WHAT WE DESIGNED IT TO DO. THE PROBLEM IS WE DIDN'T DESIGN CORRECTLY TO KEEP IT OFF OF THE NEIGHBOR'S PROPERTY AND NOT WASHED AWAY ALL THE DECOMPOSED GRANITE THAT WE PUT IN SO LET ME LET ME COMMENT ON THAT. SO THE DRAINAGE EASEMENT ACTUALLY FALLS ON THE NORTH SIDE OF THE FENCE UNDER THE NEIGHBOR'S PROPERTY. THE NORTH THERE ARE SOME IMPROVEMENTS THERE AS WELL. THAT MAY BE KEEPING SOME OF THIS WATER FROM GOING TO WORK SHOULD GO AND ALSO PUSH TO THE EAST. WE'VE HAD THAT CONVERSATION WITH THE RESIDENT.

APPARENTLY THE, UM PROPERTY WAS THAT WAY WHEN HE PURCHASED IT. THAT FALLS WITHIN MET DURING THE EASEMENT WHAT HE'S GOT THERE, SO I BELIEVE SOME OF THAT IS PUSHING THE WATER THAT WAY. UM DECOMPOSED GRANITE. IN MY OPINION WAS A BAD CHOICE OF MATERIAL. FOR THAT SETTING THE CHOICE. I DON'T KNOW THE DETAILS , SO MY UNDERSTANDING IS IT WAS NOT INITIALLY INTENDED TO BE DECOMPOSED GRANITE OR SOME BUDGET SHORTFALLS, AND THAT WAS A WAY FOR THEM TO COMPLETE THE PROJECT. OF COURSE I UNDERSTAND . AND I APOLOGIZE THAT YOUR NO, NO, I'M HAPPY TO HAPPY TO ANSWER. GO AHEAD. SORRY, CHRIS, CAN? I HEARD AND I THINK I MISHEARD YOU BECAUSE YOU SAID SOMETHING ABOUT 70,000 VERSUS 90,000. SO THE WAY IT READS IT'S LIKE YOU'RE ADDING 90, RIGHT? I MEAN, IS THAT WHAT YOU'RE READING? SO WHAT? WE'RE THAT'S WHAT I WAS SORRY. OKAY SO THE REASON WE ARE ASKING FOR A CHANGE ORDER TO THE INITIAL CONTRACTS. UM TO DO THIS SO WE CAN USE THE EXISTING CONTRACTORS ARE THE PEOPLE THAT WE FEEL GOOD . EVEN THOUGH WE HAVE THIS ISSUE THEY DID. THEY DID. WHAT THEY WERE ASKED TO DO THEY DESIGNED BUILT A PARK AS IT WAS DESIGNED TO BE BUILT. WE FEEL GOOD ABOUT THAT. WE WOULD LIKE TO BE ABLE TO USE THEM. THERE'S ALREADY 60 CENT ASIDE, THEIR BID CAME IN AT 77. SOME CHANGE. EXCUSE ME FOR NOT THE EXACT NUMBER SO THE CHANGE ORDERS OF INITIAL CONTRACT. I'M NOT ASKING YOU FOR ADDITIONAL $70,000. I'M ASKING TO ADJUST THEIR CONTRACT BY $70,000 THAT WOULD CHANGE ORDER WHERE WE WOULD STILL NEED TO

[00:15:05]

PICK UP ANOTHER 10 PLUS $1000 TO DO THAT TO COMPLETE THE PROJECT. CAN I ASK YOU A QUESTION? YOU SAID. THE CRUSHED GRANITE AROUND THE PARK WHERE IT'S READ HERE, I GUESS IS WHERE YOU'RE GOING TO POUR CONCRETE. SO THIS RIGHT HERE IS WHERE YOU'RE GOING TO POUR CONCRETE, RIGHT? SO LITTLE HASH. READ THE HATS OF WHAT? WE'RE WHAT WE'RE WANTING TO DO. I MEAN, WHAT? WHAT WHY IS THIS IT? WHY IS IT BETTER? NOT OR DECOMPOSED GRANITE CAN WORK. WE'VE GOT DECOMPOSED GRANITE ON THE SOUTH OF THE PARK, OR IT'S A LITTLE FLATTER THE PARK'S FLATTER THERE'S NOT AS MUCH FALL. AND YOU'RE NOT REALIZING THE SPEEDS OF THE WATER ACROSS THAT. DECOMPOSED GRANITE TO LOOSE MATERIAL. YOU GETS COMPACTED OVER TIME, BUT IT'S STILL A LOOSE MATERIAL. AND WHEN YOU REALIZE HIGH SPEED WATER ON A SLOPE. WHICH PART OF THE REASON TEAM IT DOESN'T HOLD AS WELL HAVE ARGUED WITH DESIGNERS AND PEOPLE MY WHOLE CAREER AND HAVE HAD SIMILAR SITUATIONS WHEN I WAS PRIOR JOB TRANSLATION, IT WASHES AWAY IN THE RAIN. THAT'S WHAT HAPPENED. YOU GET ENOUGH.

YOU GET ENOUGH RAIN WATER IS RUNNING, SO WE HAD TO GO OUT THERE AND PUT MORE. SO WE HAVE GRANITE DOWN BECAUSE WE HAVE WE HAVE AN OR HAVING TO, LIKE PULLED IT BACK MAINTENANCE. SO YES, MA'AM, SO THE IDEA WOULD BE WHERE WE'RE TALKING ABOUT THE BURN, WHICH IS THAT NORTHEAST CORNER? THERE IS DECOMPOSED TRAIL. DECOMPOSED GRANITE TRAIL THERE RIGHT NOW WE WANT TO MOVE THAT REMOVE IT, BUILD THE BERM AND THEN BASICALLY BRING THE TRAIL IN WITH THAT HATCHED AREA.

THAT WOULD BE NEW AND THAT WOULD BE CONCRETE BECAUSE OF WHERE IT LIES A LONGER RUN. SO I GOT IT.

ONE MORE QUESTION. YOU SAID THERE'S IMPROVEMENTS WITHIN THE EASEMENT. PERCENT SO WHAT? WHAT I WOULD CONSIDER A DRAINAGE EASEMENT. WHAT'S THERE DOESN'T LOOK LIKE IT BELONGS THERE. NOW HE'S BEEN ON THE SURVEY THAT SHOWS THAT THE EASEMENT YES, SIR. IMPROVEMENTS WITHIN THAT EASEMENT. IT LOOKS LIKE A SHORT RETAINING WALL WITH LANDSCAPED BEDS. OUTSIDE OF, BUT THAT'S OUTSIDE OF OUR PROPERTY. CORRECT IT'S OUTSIDE OF OUR PROPERTY, BUT IN THE DRAINAGE EASEMENT TO THE DRAINAGE PROBLEM. OR COULD AND SO WE'RE NOW GOING TO PAY FOR COMING DAMAGED PART GREATEST PROBLEM WITH PRIVATE PROPERTY OWNER HAS GOT IMPROVEMENTS WITHIN A DRAINAGE AREA. THAT HE'S NOT ALLOWED TO PUT HIM. SUIT. MOST DRAINAGE AREAS DON'T ALLOW YOU TO PUT TRADITION WALLS. YES I THINK YOU GOT YOU GOT TWO SEPARATE ISSUES. I'M NOT GOING TO DISAGREE WITH THAT. BUT THE AMOUNT OF WATER THAT FLOWS OFF AND GOES DOWN TO THEIR WHAT THIS PARTICULAR PLANE IS SUPPOSED TO BE FATAL. SEPARATE ISSUE IS THE TRAININGS EVENING. ITEM OF THAT, SO THAT'S SOMETHING WE SHOULD BRING UP. THE MINISTER IS THE PART OF THE PROBLEM? YES. AND THE EASEMENT IS IT MOVES WATER. IS INTENDED TO PUT WATER QUANTITY OF WATER. THAT'S THERE, CHARLES MULTITUDE.

MORE THAN WHAT. WELL ARE WE REQUIRING THEM TO REMOVE THIS IMPROVEMENT? THAT HAS NOT BEEN PART OF OUR CONVERSATION. I WILL TELL YOU THE WAY THE PARK WAS BUILT. I DON'T KNOW HOW BIG IT IMPACT IT WOULD BE HOW HOW MUCH IT WOULD HELP. IT MIGHT HELP SOME BUT EVERYTHING HAS BEEN STILL BEING CHANNELED TO THE NORTHEAST CORNER. THE SAME AMOUNT OF WATER. I UNDERSTAND, BUT IT'S STILL THAT EASILY IS TO THE BENEFIT OF THE TOWN. CORRECT. THAT'S WHY IT'S THERE.

YES. WE SHOULD. WE SHOULD ENFORCE OUR EASEMENTS. I WOULD SAY DON'T BUILD IMPROVEMENTS WITHIN OUR EASTER. REGARDLESS OF HOUSE MINIMAL, PARTICULARLY $70,000. BUT MY POINT OF THIS IS YOU WERE GOING TO HAVE TO SPEND THE $70,000. AND UNDERSTAND HIS PART TWO BUT WE SHOULD WE SHOULD. AT THE SAME TIME, WE'RE DOING THAT CLEANUP EAST. IN THE PROCESS. IT JUST SAID IT'S A SEPARATE ISSUE FROM THIS INTO TYPING. WHAT'S THAT EASEMENT THAT HE BROUGHT UP IN THIS MEETING THAT IT AFFECTS FLOW OF WATER OVER THERE? THAT'S THE PURPOSE OF THAT EASY. SO IT SEEMS TO ME WE SHOULD ASK THEM TO THE OTHER ONE TO ADDRESS IT. NOW, THAT'S I'M NOT DISAGREEING WITH YOU AT ALL. I'M SAYING THAT'S FINE. LET'S ASK THEM. ME AND FROM A YOU KNOW, WITH EASEMENTS AND OBVIOUSLY IS ALLOWED. IT IS ALLOWED TO WATER, BUT ALSO IT ALLOWS STAFF TO BE ABLE TO GET ON THAT EVENING AND DO REPAIRS AND I SAID. THERE SHOULD NOT THROUGH PRIVATE IMPROVED ON THOSE ABSOLUTELY. AND NOT BE THE ONLY PLACE IN TOWN WHERE THOSE ARE, BUT I UNDERSTAND, BUT IF THIS CASE IT'S COME TO OUR ATTENTION, SO OKAY. I'M SORRY. COOL QUESTION.

SO UP THERE AT THE BERM WITH THE THERE'S A THERE'S A DRAIN RIGHT? IT'LL YOU KNOW, BASICALLY

[00:20:03]

CHANNEL THAT WATER HOLDING BACK UNTIL IT DRAINS OUT. UM SO SMALLER ROCKS. DECOMPOSED GRANITE. THANK YOU. THAT'S WASHING AWAY IS THAT THAT WON'T ACCUMULATE IN IN THE DRAINAGE AND THEN CAUSE OKAY, SO PART OF THIS PROJECT WE WANT TO. WE WANT TO REMOVE THAT DECOMPOSED GRANITE THAT'S BEEN PART OF THE ISSUE. WE STILL HAVE SOME DECOMPOSED GRANITE IN THE PARK, BUT IT'S ON HIRE MORE LEVEL AREAS. WE HAVE NOT SEEN THE SCOURING EFFECTS. WHAT WE'RE DOING DOWN THERE IS REMOVING THE STUFF THAT'S BEEN THAT WOULDN'T BE AN ISSUE. I KNOW I DON'T SHOULD NOT BE. YES SIR. CLARIFICATION DANCE, SO CURRENTLY HAVE IS A BUDGET 60 K.

YES, SIR. ADDITIONALLY THIS IS THE 10 IS WHAT YOU'RE ASKING. YES, SIR. I UNDERSTAND. IT'S A LITTLE CONFUSING BECAUSE WE ASKED FOR A CHANGE ORDER. THAT WAS FOR US TO BE ABLE TO UTILIZE EXISTING CONTRACT. I'M NOT GOING TO MAKE A MOTION ON THIS ONE. SO IT'LL BE SOMEBODY ELSE. WE EXHAUSTED ALL. THE PROBLEM IS WE HAVE TO DO SOMETHING. SOMETHING HAS TO BE DONE TO FIX BECAUSE WE WERE BASICALLY THERE'S THE DEEP , DECOMPOSED GRANITE IS WASHED AWAY. EVERYTHING RUNS OFF OFF INTO THEN THEY ALL THE ALL OF THESE NEIGHBORS. YARDS ARE THREE WAS VISITOR AFFECTED BY IT.

60,000 WORKED WITH. WELL NO, BECAUSE THEY DON'T HAVE THE CHANGE ORDER SAYING SORRY. WE STILL HAVE THE FUNDING. WE MAY HAVE TO GO TO BED OR DO SOMETHING ELSE WITH THAT MONEY, DEPENDING ON WHAT THE DECISION RIGHT? SO THE ALTERNATIVE IS, IT JUST KEEPS HAPPENING. SO YOU KNOW, THERE'S MULTIPLE THINGS THAT EFFECT HERE. I CAN'T GUARANTEE YOU THAT IF WE GET, I DON'T KNOW THAT WE SAW SOME PRETTY EXTENSIVE RANGE LAST SPRING. YOU GET A 2 TO 3 INCH RAIN. THE STREETS FLOOD RIGHT SO I'M NOT NOT TOLD THAT THESE PROPERTY OWNERS SAID I'M NOT GUARANTEED. I CAN KEEP EVERY DROP OF WATER OFF YOUR PROPERTY. BY DOING THIS. WE THINK THIS WILL HANDLE TYPICAL RAINS. HAPPY AND INCH ALONG THOSE LINES. THAT'S WHAT WE THINK WILL HELP.

UM. TO BEGIN. WE HAD ENGINEERS OUT THERE AND THEY SETTLED ON. HEY THIS 18 AND 20 PLUS INCH BURN WILL HELP. SLOW THAT FROM GOING AROUND. IF IT'S A FAILURE IN THE DESIGN, HAVE WE ASKED THE DESIGNERS ENGINEERS TO PARTICIPATE IN THIS COST? NO, WE HAVE NOT. BUT I THINK THE ARGUMENT IS IT? IS IT A AND AGAIN? I APOLOGIZE. I WASN'T HERE PLANNING. I DIDN'T KNOW. I DON'T KNOW WHAT THE PRIOR SITUATION. THEY NEVER SAW IT, BUT WE AS A TOWN SIGNED OFF ON THE WORK. YEAH SO DO YOU HAVE A COMMENT? MAYOR OBVIOUSLY. THE MOTION AND NO ONE IS WILLING TO MAKE ONE. SO MY THOUGHTS ARE IF WE CAN, MAYBE JUST MAYBE POSTPONE THIS ITEM. LET US GO BACK. I'LL GET WITH DAN. WE CAN GO BACK WITH CITY TOWN ENGINEER'S OFFICE AND SEE IF WE CAN LOOK AT SOME ALTERNATIVES. AND IT'S JUST KIND OF GET MORE. FOR HISTORY OF THAT AND COME BACK TO YOU. TO MAKE THEM UNLESS YOU ALL REALLY MAKE A MOTION, BUT IT SOUNDS LIKE CAN I GET A MOTION TO TABLE THIS? I HAVE A MOTION TO HAVE A 2ND 2ND FROM CHARLES ALL IN FAVOR. OKAY THAT MOTION PASSES UNANIMOUSLY. THANK YOU FOR MOVING THAT ALONG. THANKS, DAN. THANK YOU. OKAY? MM HMM. ALL RIGHT. OUR NEXT ITEM IS CITIZENS COMMENTS. THE PUBLIC IS INVITED TO ADDRESS THE COUNCIL.

[CITIZEN COMMENTS]

ON ANY TOPIC. HOWEVER, THE COUNCIL IS UNABLE TO DISCUSS OR TAKE ACTION ON ANY TOPIC NOT LISTED ON THE AGENDA. PLEASE COMPLETE A PUBLIC COMMENT REQUEST FORM AND PRESENTED TO THE TOWN SECRETARY PRIOR TO THE MEETING. PLEASE LIMIT YOUR COMMENTS TO THREE MINUTES. IF MULTIPLE INDIVIDUALS WANT TO SPEAK ON THE TOPIC. THEY MAY YIELD THERE THREE MINUTES TO ONE INDIVIDUAL APPOINTED TO SPEAK ON THEIR BEHALF. ALL INDIVIDUALS YIELDING THEIR TIME MUST BE PRESENT AT THE MEETING AND THE APPOINTED INDIVIDUAL BE LIMITED TO A TOTAL OF 15 MINUTES. I DO HAVE ONE CITIZENS COMMENT FROM TONY WANGLER. TONY, WOULD YOU LIKE TO COME ON UP TO THE PODIUM AND JUST STATE. YOUR NAME AND YOUR ADDRESS FOR US, PLEASE. THIS IS FOR YOU ALL. AFTER I TALK, OKAY? H HI. GOOD EVENING. MY NAME IS TONY WINKLER AND I AM THE PRESIDENT OF VISUAL ARTS PROSPER, A NONPROFIT ORGANIZATION IT'S BEEN OPERATING FOR 3.5 YEARS. TODAY. I'M JOINED BY SOME OF OUR TALENTED ARTISTS. LITTLE CHEERING SQUAD THERE. AND I'M HERE TO DISCUSS THE

[00:25:05]

IMPORTANCE OF VISUAL ARTS ORGANIZATIONS AND PROMOTING THE CULTURAL AND ARTISTIC IDENTITY OF THE CITY. WHAT WERE RELATIVELY NEW ORGANIZATION. OUR MEMBERSHIP IS GROWING QUICKLY WERE DETERMINED AND COMMITTED TO MAKING A BIGGER IMPACT ON OUR COMMUNITY. OVER THE PAST SEVERAL YEARS. VISUAL ARTS, A PROSPEROUS, BEEN ACTIVE IN THE PROSPER COMMUNITY THROUGH VARIOUS EFFORTS, SUCH AS THE CHRIS CHRISTMAS PROSPEROUS FESTIVAL, THE BARBECUE AND BLUES, NEW RESIDENT MEET AND GREET TENT ACTIVITIES TEACHING OUR CLASSES AT THE PARK AND REC SENIOR CENTER AND ORGANIZING AN ART WALK FOR THE GENERAL PUBLIC. WE'RE IN NEED OF A PLACE TO HOLD OUR ACTIVITIES IS OUR CURRENT FACILITY WILL NO LONGER HOST OR NON PROFIT ORGANIZATION AFTER MAY OF 2023 THIS YEAR, OUR INCOME IS BASED SOLELY ON MEMBERS ANNUAL DUES, AND OUR NEEDS INCLUDE SPACE FOR MONTHLY MEMBERS. MEETING BOARD MEETINGS , ART CLASSES FOR EDUCATIONAL PURPOSES. WORKSHOPS AND ART GALLERY FROM MEMBERS SHOWS THROUGHOUT THE YEAR AND AN ANNUAL ART SHOW FOR THE PROSPER COMMUNITY. ART ORGANIZATIONS PLAY A CRITICAL ROLE IN STIMULATING BUSINESS AND ECONOMIC GROWTH WITHIN A COMMUNITY. THEY CAN TRANSFORM ANY REGION INTO A TOURIST DESTINATION OF CHOICE DUE TO A WIDE APPEAL OF ART. THE TOURISM INDUSTRY RELIES ON MORE THAN 100,000 NONPROFIT ARTS AND CULTURAL ORGANIZATION EACH DAY, AND WE WANT TO ADD PROSPER TO THAT LIST. THE WELL BEING OF PEOPLE IN A COMMUNITY CAN OFTEN GET OVERLOOKED FOR THE PRESSURES OF MANAGING GROWTH, PUBLIC SAFETY, ROADS, SCHOOLS AND OTHER INFRASTRUCTURE. HOWEVER ONE MUNICIPALITY ENGAGES WITH AN INCLUSIVE WELCOMING ART ORGANIZATION. THE CITIZENS WELL BEING IS ENHANCED. WITH THIS IN MIND, WE ARE MAKING A FORMAL REQUEST THAT THE TOWN COUNCIL OF PROSPER CREATED PUBLIC ARTS BOARD FOR THE TOWN OF PROSPER.

WE'RE WILLING TO PROVIDE OUR ART EXPERTISE IN ANY OTHER ASSISTANCE THAT MIGHT BE APPROPRIATE. WE WOULD BE HONORED TO MEET WITH YOU TO COLLABORATE ON HOW WE MIGHT IMPROVE THE LIVES OF THE CITIZENS OF PROSPER THROUGH GREATER SUPPORT, AWARENESS AND PARTICIPATION IN THE ARTS. THUS BUILDING A LASTING LEGACY OF WELL BEING FOR THE COMMUNITY. WE HOPE THAT WE CAN JOIN TOGETHER TO PAINT A MORE BEAUTIFUL FUTURE. FULL OF COLOR WONDER IMAGINATION FOR THE CITIES OF PROSPER. THANK YOU FOR YOUR TIME. THANK YOU VERY MUCH. IS THERE ANYONE ELSE WHO WOULD

[13. Consider and act upon an ordinance adopting a Special Purpose Sign District for the Gates of Prosper, Phase 2 and Phase 3, on 52.1± acres, located on the northwest corner of US 380 and Preston Road. (MISC-23-0001) (BC)]

LIKE TO SPEAK DURING CITIZENS COMMENTS? OKAY? IN THAT CASE, WE'LL MOVE ON TO OUR REGULAR AGENDA. THE REGULAR AGENDA. IF YOU WISH TO ADDRESS THE COUNCIL, PLEASE FILL OUT OF PUBLIC COMMENT. REQUEST FORM PRESENTED TO THE TOWN SECRETARY, PREFERABLY BEFORE THE MEETING BEGINS. PURSUANT TO SECTION 551.7, TEXAS GOVERNMENT CODE INDIVIDUALS WISHING TO ADDRESS THE COUNCIL FOR ITEMS THIS IS PUBLIC HEARINGS WILL BE RECOGNIZED WHEN THE PUBLIC HEARING IS OPEN. FOR INDIVIDUALS WISHING TO SPEAK ON A NON PUBLIC HEARING ITEMS THAT MAY EITHER ADDRESS THE COUNCIL DURING THE CITIZENS COMMENT PORTION OF THE MEETING WHEN THE ITEM IS CONSIDERED BY TOWN COUNCIL. OUR NEXT AGENDA ITEM IS AGENDA ITEM NUMBER 13. WHICH IS TO CONSIDER AN ACT UPON AN ORDINANCE ADOPTING A SPECIAL PURPOSE. SIGN DISTRICT FOR THE GATES OF PROSPER. PHASE TWO AND PHASE THREE AND 52.1 ACRES LOCATED ON THE NORTHWEST CORNER OF YES. 3 80 PRESTON ROAD. BRADY CUT WILL DO THE PRESENTATION. GOOD EVENING, MAYOR AND COUNCIL.

SO THAT I DIDN'T TONIGHT IS FOR THE CREATION OF A SPECIAL PURPOSE. SIGNED DISTRICT AND THE GATES OF PROSPER AND PHASES TWO AND THREE. FOR SOME BACKGROUND. IN 2016 SPECIAL PURPOSE SIGNED DISTRICT NUMBER FOUR WAS CREATED IN PHASE ONE OF THE GATES OF PROSPER. WHICH IS EAST OF PRESTON ROAD. AFTER THAT, IN 2020 20. THERE WAS A WAIVER. REQUEST THAT WAS APPROVED BY COUNCIL FOR SIGNAGE AND FACE TO OF THE GATES OF PROSPER, TOO. MATCH. WHAT WAS IN EXISTING IN PHASE ONE, AND THAT WAS FOR THE MONUMENT SIGN. SCIENCE AND THE UNIFIED DEVELOPMENT SIGNS AS WELL AS THE IDENTITY SIGN. SO THIS REQUEST WILL WRAP PHASES TWO AND THREE AND TWO ITS OWN SPECIAL PURPOSE IN DISTRICT. AND ALLOW FOR A CONSISTENT LOOK BETWEEN ALL THREE PHASES. UM AND ALSO THE APPLICANT IS REQUESTING , UH, AN INCREASE IN THE ALLOWED AH, WALL SIGN HEIGHT. FOR SIX SIGNS THAT THE TARGET UNDER CONSTRUCTION IN PHASE THREE. SO HERE'S OUR OUR SIGN.

[00:30:10]

COORDINATION PLAN. YOU CAN SEE PHASE TWO. THE GUEST PROSPER AND YELLOW FACE. THREE BLUE YOU CAN SEE SOME RED CIRCLES. THOSE ARE THE LOCATIONS OF THE PROPOSED LOCATIONS OF THE MONUMENT SIGNS.

YOU CAN SEE GREEN TRIANGLES OR THE PROPOSED LOCATIONS OF THE UNIFIED DEVELOPMENT SIGNS AND IN ADDITION SOUTH OF THE TARGET ALONG 3 80. THERE'S ALSO AH BLUE. AH, SQUARE. FOR A LARGER UNIFIED DEVELOPMENT SIGN. TO THE LOCATION AND SPACING OF THE SIGNS IS ALLOWED FOR ORDINANCE.

THE LARGER UNIFIED DEVELOPMENT SIGN. IS ALLOWED FOR ORDINANCE AS ITS ALONG 3 80. SO HERE'S A TYPICAL EXAMPLE OF THE UNIFIED DEVELOPMENT SIGNS THAT YOU SEE RIGHT NOW AND THAT ARE BEING PROPOSED. THEY DO DEVIATE FROM ORDINANCE AND THAT THERE IS NOT A FULL ONE FT MASONRY BORDER AND THEY ARE A LITTLE BIT LARGER THAN IS ALLOWED. THEY'RE ALLOWED 120 SQUARE FEET AS IS SHOWN, BUT ORDINANCE REQUIRES MEASURING THE LARGEST RECTANGLE, SO IT MAKES IT A LITTLE BIT BIGGER. I THINK THE WAY WE MEASURE WOULD BE 134 SQUARE FEET. AND THIS IS, UH, THIS DEVIATION FOR THE UNIFIED DEVELOPMENT SCIENTIST SIMILAR THE DEVIATIONS FOR THE LARGER UNIFIED DEVELOPMENT SIGNED AND FOR THE MONUMENT SIGNS. IS SIMILAR IN NATURE. BUT AGAIN, THIS IS WHAT'S EXISTING OUT THERE IN PHASES ONE AND TWO AND WILL ALLOW FOR PHASES TWO AND THREE TO MATCH. WITH PHASE ONE.

SO THE LAST PART OF THIS REQUEST IS FOR ADDITIONAL AN INCREASE IN THE ALLOWED SIGN HEIGHT FOR THE TARGET CRUEL AND OR CONSTRUCTION. BASED ON THE HEIGHT OF THE BUILDING. THEY'RE LIMITED TO EIGHT FT. AN EIGHT FT HEIGHT FOR THE SCIENCE. SO THEY'RE REQUESTING SIX SIGNS THAT WOULD UM, EXCEED THAT EIGHT. FT. TWO OF THEM VERY NOMINALLY EIGHT FT ONE TWO OF THEM AT 12 FT IN HEIGHT. ONE AT 13 FT ONE AT 15 FT SIX. STAFF IS SUPPORTIVE OF THIS REQUEST. THEY COULD HAVE UP TO 10% OF THE FACADE COULD BE SIGNAGE FOR THE SIGN ORDINANCE THERE MUCH LESS THAN THAT. UM AND THEN ADDITION. UM. THIS IS CONSISTENT WITH WHAT WAS PREVIOUSLY DONE IN PHASE ONE OF THE GATES OF FROST FOR AND SPECIAL PURPOSE. SCIENTIST RICK NUMBER FOUR. YOU KNOW WHAT SEVERAL OF THE RETAILERS HAD. LARGER SIGNS. THAT THAT CONCLUDES. MY REMARKS. I'M AVAILABLE FOR QUESTIONS AND THE APPLICANT IS HERE TO SPEAK. SHOULD YOU HAVE QUESTIONS FOR THEM? THANK YOU, BRADY. QUESTIONS FOR GRADY. I'VE GOT WE'VE GOT A COUPLE OF, UH YOU KNOW, SIGNAGE HAS BEEN, I THINK. YOU GUYS KNOW SIGNAGE HAS BEEN AN ISSUE. LOOK TO HAVE ADDRESSED FOR SOME TIME AND. ONE OF MY CONCERNS IS THE NUMBER OF SIGNS ON BUILDINGS. WE DEALT WITH IT ALL THE FIRST CASE. WHAT'S THE KARABAKH? HERE NOW. HERE NOW ON THE CARE NOW, WHERE THERE ARE NOW SIGNS ON THREE SIDES OF THAT BUILDING BIG SIGNS ON THREE SIDES OF THAT BUILDING. THAT AREN'T NECESSARY, BUT THAT IS ALLOWED UNDER OUR ORDINANCE. IN FACT, IT'S ALLOWED ON ALL FOUR SIDES. I BELIEVE SO. IS THERE NOT A WAY THAT WE CAN CORRECT THOSE THINGS WITHIN THIS MODIFICATION. SO THAT WE DON'T I MEAN, EVEN IF YOU LOOK AT VISION WORKS OVER THERE, IT HAS THREE SIDES ON IT AS WELL. AND IT'S JUST THEY WE NEED TO ADDRESS THIS. AND THE LONGER WE WAIT.

THE MORE OF THESE COME BEFORE US THAT WE DON'T DON'T HAVE IT. INCORPORATES ALSO HAD THE SAME CONCERN ABOUT THE TEMPORARY SIGNS. THE YOU KNOW. THE TEMPORARY SIGNS ON THE EXISTING PROJECT THAT'S FULLY DEVELOPED. BUILT OUT THERE'S A BIG, TEMPORARY WOODEN SIGN THAT SAYS FOR LEASE YEAH, WE'VE GOT A GREAT MONUMENT SIGN OVER THERE. AND WE HAVE ALL THESE STANDARDS FOR THESE MONUMENTS SOUNDS ON A PROJECT BUT THEN, AT THE END OF THE DAY, THEY CAN GO PUT A TEMPORARY SIGNED THERE THAT DOESN'T HAVE ANY OF THESE RESTRICTIONS OR REQUIREMENTS.

WHY DO WE NOT BUILD THAT INTO. SOME OF THIS SOMEHOW, SO THAT WE DON'T GET CONTINUE TO JUST ADD ON ONE MORE, ONE MORE CHANGE AFTER ANOTHER AND NOT AGGRESSIVE. SO MY TAKE IS. I'D LIKE TO SEE THE TEMPORARY SIDES REMOVED. DEVELOP FULLY DEVELOPED PROJECTS. FORCES FULLY BUILT PARCELS. TEMPORARY SIGNS ON, YOU KNOW, OPEN LAND, WHATEVER FINE BUT ON DEVELOPED PARCELS. I DON'T SEE THE NECESSITY FOR A TEMPORARY SIDE. THAT SAYS, FOR LEAST NOW WOODSIDE. THAT SITS IN

[00:35:02]

FRONT OF YOUR FANCY MONUMENTS SIDE, THE BILL. UH UNDERSTOOD, AND THAT IS SOMETHING THAT WE WILL ADDRESS AND WE ARE WORKING TO ADDRESS IT IN THIS ONE. OKAY. SUGGESTION. RIGHT PHASES TWO AND THREE HERE IS THAT THEY ASKED THEM IF THEY WOULD WAIVE THE REQUIREMENT THE ABILITY TO PUT TEMPORARY SIGNS ON FULLY DEVELOPED SITE PADS. THAT PROMOTE THOSE SITES. I THINK THAT'S NOT A QUESTION FOR BRADY. DO YOU HAVE ANY OTHER QUESTIONS FOR HIM? DO YOU HAVE ANY QUESTIONS? THANK YOU. ANY OTHER QUESTIONS FOR BREATHING. OH THANK YOU, BRADY. THANK YOU VERY MUCH. NO, IT'S NOT PUBLIC HEARING, BUT LASTLY, THE APPLICANT OF COME FORWARD FLOW.

YES. NICHOLAS LINK BLUESTAR LAND. UM SO. I KNOW WHAT YOU'RE SAYING. AND I KNOW I THINK I KNOW WHAT SIGN YOU'RE TALKING ABOUT. SPECIFICALLY PRICE, SAYS LINCOLN PROPERTY COMPANY ON IT.

UM CAN IF I. IF YOU I'LL GIVE YOU MY WORD THAT WILL ADDRESS THAT IF WE CAN ADDRESS THIS TONIGHT AND SIP AND WE CAN ADDRESS THAT SEPARATELY. I'M HAPPY TO DO THAT. UM I SUPPOSE Y'ALL ALLOW LINCOLN. TO PUT THEIR SIDE THEY'RE ALL WE DO IS THAT WE TELL LINCOLN THAT THEY HAVE TO FOLLOW THE TOWN'S ORDINANCE, SO UM, YOU KNOW, FOR US TO TELL OUR BROKER OR WHOEVER IS REPRESENTING ATTENDANT OR ANYBODY WE WOULD HAVE TO SAY YOU HAVE TO SUBMIT THROUGH THE PROCESS ALLOWED, BUT LOCAL JURISDICTION, YOU KNOW, BROTHERS PRICED OR WHEREVER SO I THINK THAT'S THE PRIMARY ISSUE THERE. I HAVE NO PROBLEM. BECAUSE LINCOLN IS OUR PRIMARY BROKER. I HAVE NO PROBLEM TELLING THEM WE ARE GOING TO CLEAN UP OUR SIGNATURE OR DO SOMETHING DIFFERENT. TO MAKE THAT PROPERTY LOOK BETTER. AND I KNOW THAT OUR GENERAL MANAGER SCOTT AND JOE HIGMAN, THAT'S NOT A PROBLEM. RIGHT NO, I'M GOOD WITH THAT. IF YOU WILL DO THAT, YEAH, BUT I CAN'T DACIAN IS YOU BUILD IF YOU NEED IT, POLICE ON THEIR BUILD IT INTO YOUR MONUMENT SITE.

YEAH. IF YOU NEED IT IF YOU NEED IT THERE, WHICH I'M NOT AWARE. I DON'T BELIEVE YOU REALLY NEED IT FOR LISA PROJECTS ANYMORE, BUT MAKES LINCOLN FILM. MAYBE IT DOES. RIGHT. TELL YOU DIFFERENT, BUT I CAN'T SPEAK FOR THEM. I'M NOT A BROKER. UM ANY OTHER ANY QUESTIONS SPECIFIC TO THIS, UH, FOR ANYBODY? NOT SPECIFIC TO THIS ONE. BUT TO THE PROPERTY. I KNOW THAT THERE'S FOUR CONTAINERS OUT THERE. ARE TRAILERS THAT HAVE SANDALS ON THEM. ONE OF THEM WAS BLOWN OVER IN THE STORM. HAS THAT BEEN RIGHTED UP AND THANKS. OKAY YEAH, WE WE'VE ACTUALLY NOTICES TO THOSE FOLKS TO GET THOSE TRAILERS OUT OF THERE. WE HAVE TO WE HAVE TO FINISH THE START.

THE PROJECT DIDN'T KNOW THE REST OF THE ROAD OLD COLEMAN THERE ANYWAY. SO THAT'S IN THE I SAID, I JUST SAW ONE OF THEM LAYING ON ITS SIDE. SO, YEAH. OKAY. GOOD. ANY OTHER QUESTIONS. THANK YOU VERY MUCH. THANK YOU. OKAY. COUNCIL HAVE ANY OTHER DISCUSSION. I'M I DO AGREE WITH CHARLES. AS FAR AS HAVING ALL FOUR SIDES, UM IN THE NATURE OF THIS PARTICULAR ONE WORDS THE LOGO AND NOT HUGE BRANDING. IT'S NOT AS BIG A CONCERN ABOUT NOT WORRIED ABOUT THIS SPECIFICALLY , I THINK IT'S SOMETHING WE PROBABLY SHOULD TAKE BACK TO THE FUTURE MEETING IN ADDRESS BECAUSE THERE'S A FEW OTHER THINGS THAT ARE SIGNED ORDERS WE NEED TO ADDRESS BUT FOR THIS PROPERTY PROPERTY, I'M GOOD WITH THIS. IT GOES BACK TO CHARLES. COMMENT. YES. WE'RE READY FOR MOTION. IF YOU'RE READY TO MOVE APPROVAL OF ITEM NUMBER 13. TAKING IN CONSIDERATION. BLUE STARS. WILLINGNESS TO VISIT WITH LINCOLN ABOUT THEIR SIGNAGE. I KNOW THAT I'M NOT TYING IT, BUT I UNDERSTAND THE COMMENTARY. OKAY MOTION IS YOU MAKE A MOTION TO APPROVE THIS. I TRUST THESE GUYS SO THEREFORE NO, NOT UNRELATED TO THAT. I MOVE APPROVAL OF ITEM 13. THANK YOU HAVE A SECOND. MOTION BY COUNCILMAN COTTON SECOND BY COUNCIL MEMBER HODGES ALL IN FAVOR. MOTION PASSES UNANIMOUSLY. THANK YOU. THANK YOU, GENTLEMEN. ALRIGHT, NEXT AGENDA ITEM IS NUMBER I'M SORRY. OKAY HE'LL BE CALLING YOU IN THE MORNING. I'M SURE. OKAY YEAH.

[14. Consider and act upon a resolution accepting the Independent Audit Report and Annual Comprehensive Financial Report for the Fiscal Year Ended September 30, 2022, as audited by Weaver and Tidwell LLP, Certified Public Accountants. (CL)]

[00:40:03]

AND I KNOW WHERE THAT SIGN IS ALSO SO, YEAH, I SUPPORT YOU. ALRIGHT NEXT AGENDA ITEM IS NUMBER 14. AND THAT IS TO CONSIDER AND ACT UPON A RESOLUTION ACCEPTING THE INDEPENDENT AUDIT REPORT. AN ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30TH 2022 IS AUDITED BY WEAVER AND TED TIDWELL LLP CERTIFIED PUBLIC ACCOUNTANTS.

AND IT, SAYS CHRIS LANDRUM TO GIVE THE PRESENTATION. HE SENT IN THE B GENE, OKAY, NOTED, THANK YOU. OKAY, UH, WE HAVE WE ARE REQUIRED BY CHARTER TO HAVE AN ANNUAL AUDIT. AND WE ARE ALSO REQUIRED BY OUR CONTINUED DISCLOSURE COVENANTS ON IRISH UNITS TO SUPPLY ARE CONTINUING DISCLOSURE IN ORDER TO FINANCIAL STATEMENTS WITHIN SIX MONTHS AFTER YOU'RE IN WE HAVE, UH PREPARED THE ACTOR. COUNCIL HAS BEEN PRESENTED THE. AH ANNUAL COMPREHENSIVE FINANCIAL REPORT ALONG WITH THE REPORT OF THE AUDITORS, THEIR AUDIT OPINION AND THEN THERE ARE ADDITIONAL REQUIRED COMMUNICATIONS. WE DISCUSSED. THIS WITH THE FINANCE COMMITTEE. YESTERDAY MORNING, AND THE FINANCE COMMITTEE MET WITH THE AUDITORS ALONG TO DISCUSS ANY ISSUES, UH OF CONCERN. AND SO WE ARE AT THE LAST STEP OF ASKING COUNSEL TO EXCEPT THE AUDITED FINANCIAL STATEMENTS. YOU SHOULD HAVE A COPY OF THAT AUDIT IN FRONT OF EACH COUNCIL PERSON AT THIS TIME, SO I DO WANT TO COMPLIMENT. BOB AND THE FINANCE TEAM AND THE FINANCE COMMITTEE.

FOR WORKING VERY, VERY HARD TO GET THIS DONE IN THE TIME FRAME THAT WE NEEDED, SO I KNOW THAT FOR YOUR FINANCE GROUP THAT TOOK A LOT. SO, UM WITH THAT FOR THE FINANCE COMMITTEE. YOU GUYS HAVE OTHER COMMENTS ON THE AUDIT. NO I DO APPRECIATE YOU AND YOUR TEAM. IT WAS MY BRISTOL SAID A LOT OF WORK AND I WILL SAY COMPARED TO PREVIOUS YEARS. THIS IS THE MOST THOROUGH ONE. I THINK THAT WE'VE HAD A LOT OF GOOD DIRECTIONS, SO THANK YOU. THANK YOU. I JUST THINK IT WAS GREAT AND I KNOW THAT WE HAD SOME. AUDIT TEAM HAD SOME CHALLENGES TO GET THROUGH THEIR SATISFACTION OF A LOT OF ISSUES, BUT THEY DID A GREAT TEAM AND THEY WERE VERY, VERY COMPLIMENTARY OF OUR STAFF AND OUR FINANCE TEAM, SO THEY WERE REAL, IN FACT, COMPLEMENTARY THE NEW HIRES. WE HAD AND SO I JUST WANT TO SAY THAT THAT WENT WELL. BOB WILL COPIES OF THE AUDIT THE AVAILABLE TO THE PUBLIC. OH, ABSOLUTELY, IN FACT. AS SOON AS COUNCIL PASSES THIS WE WILL POSTED ON THE WEBSITE TOMORROW AND WE WILL ALSO SUBMIT IT TO THE REQUIRED CONTINUED DISCLOSURE, SO IT WILL BE AVAILABLE IMMEDIATELY. OKAY THANK YOU. I ENCOURAGE NOT ONLY THE COUNCIL MEMBERS, BUT THE CITIZENS THAT THAT IS A VERY, VERY VALUABLE TOOL TO READ THROUGH THE NOTES TO THE FINANCIAL STATEMENTS, EVEN THE BEGINNING PORTION. THAT'S THE SUMMARY. THERE'S A LOT OF REALLY GOOD INFORMATION IN THERE ABOUT , UH, DIFFERENT PROPERTIES. HOW ARE TAXPAYERS ARE PAYING WHAT THE TAX STRUCTURE OF OUR TOWN LOOKS LIKE SO THERE'S A LOT OF VALUABLE INFORMATION CARRIED IN THERE. SO WITH THAT, I WOULD ONE OF THE FINANCE COMMITTEE MEMBERS LIKE TO MAKE A MOTION. GLOBAL A SECOND. OKAY WE GOT A MOTION BY COUNCILMAN RAY COUNCILMAN COUNTING SECONDS AT ALL IN FAVOR. THE MOTION PASSES UNANIMOUSLY. THANK YOU VERY MUCH. THANK YOU. OKAY? OUR NEXT AGENDA ITEM IS TO POSSIBLY DIRECT TOWN STAFF TO SCHEDULE

[Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.]

TOPICS FOR DISCUSSION AT FUTURE MEETINGS. AND BEFORE I ASK THE COUNCIL MEMBERS WHAT IF THEY HAVE ANYTHING ELSE? I WOULD POINT OUT IN THE MINUTES OF TODAY'S MEETING. COUNCILMAN KERN REQUESTED AN UPDATE ON THE TIMING OF LIGHTS AT 1ST 1ST STREET. AND THEN I REQUESTED A SYNOPSIS OF OUR LIST OF FUTURE AGENDA ITEMS. SO. I REQUEST THAT FOR OUR NEXT MEETING, SO WE CAN MAKE SURE THAT WE KEEP A GOOD MATRIX OF WHAT ALL THE THINGS WE ARE. AND I GUESS I WOULD ASK IF COUNCILMAN CURRENT IF WE'VE GOT AN UPDATE ON THE TIMING OF THE LIGHTS. SO I WOULD YES. TOWN MANAGER TO PLEASE FOLLOW UP ON THAT WITH THAT. ARE THERE ANY OTHER FUTURE AGENDA ITEMS? I THINK YOU BET YOU MAY BE DOING A DISCUSSION ON TOURNAMENT. YEP I THINK WE SHOULD ADD THAT TO THE PARKS AND REC TEAM. AND THEN I BELIEVE BASED ON WHAT WE'VE HEARD TODAY, WE SHOULD ALSO HAVE A DISCUSSION ON THE CREATION OF A PUBLIC ARTS COMMITTEE. WE HAD THOSE TWO ITEMS TO OUR FUTURE

[00:45:07]

FUTURE AGENDA. ITEMS, PLEASE. ALSO, UM I KNOW IT'S. JUST ABOUT APRIL. BUT AS IT GETS HARDER, I THINK THAT ANDY'S TRAFFIC IS GOING TO GET A LOT WORSE. THAT'S GOOD POINT. AND SO MAYBE WE COULD LOOK AT A TRAFFIC PATTERN RIGHT THERE BECAUSE I KNOW CARS COME DOWN FROM CVS AND CARS ARE TURNING OFF OF FIRST STRAIGHT. AND THERE ARE YOU KNOW THEY'RE FIGHTING FOR POSITION TO GET IN LINE SO UM, ANY OPTIONS THAT WE CAN HAVE? TO FIX THAT, MAYBE RUN TWO LINES IN THERE. I THINK THERE'S RUNNING ONE HOUR. AND THESE CAN HAVE SOMEBODY OUT IN THE PARKING LOT DIRECTING TRAFFIC. WHATEVER HASN'T SEEN THE LINE. IT'S FAIRLY EXTENSIVE. IT'S PRETTY BAD. IT'S GREAT TO HAVE YOU NOT SEEN IT. I LITERALLY CANNOT GET INTO THE CBS PARK HAS GOT SOME GOOD PHOTOS, PHOTOS. I GOT SOMETHING TO JUST THAT YOU COULD SEE. GREAT FOR BUSINESS. IT'S JUST YES, VERY DIFFERENT SALES TAX DOLLARS. MY ONLY ADD WOULD BE THAT AND I SAID THIS LAST TIME, I THINK, AND NOW THAT THE FINANCE COMMITTEE HAS MET, WE'VE PASSED THIS. WE'VE GOT SOME PROJECTIONS THAT WE DID IN OUR WORK SESSION TODAY. THANK YOU. FINANCE TEAM FOR THAT, UM, THAT OUR CAPITAL COMMITTEE SUBCOMMITTEE CAN MEET HERE WITHIN THE NEXT FEW WEEKS. AND UM, START TO IDENTIFY SOME PROJECTS. KIND OF LOOK AT THE THINGS THAT ARE SHOVEL READY.

LOOK AT WHAT WE'VE DONE BEFORE. I KNOW THERE WERE SOME DOLLARS THAT WE SAID WE MIGHT NOT BE ABLE TO SPEND YOU KNOW THIS YEAR, SO WHERE COULD WE REALLOCATE THOSE FUNDS? SO I WOULD LIKE FOR US TO MEET? I THINK WE'VE GOT A PRETTY HEFTY AGENDA THERE. UM SO IF WE CAN GET DOWN ON THE BOOKS, THAT WOULD BE GREAT. AND THEN, UM I KNOW WE ALL SUBMITTED ARE 5 TO 10 YEAR. PLANS FOR PROSPER AND WE DIDN'T REALLY GET A LOT OF DISCUSSION OUT OF THAT, UM, BECAUSE WE WERE FOCUSED ON THE 1 TO 2 YEAR. I KNOW FOR ME. THE ARTS THING WAS ON MY 5 TO 10 YEAR. SO UM, IF WE COULD LOOK TAKE SOME TIME SOMEWHERE TO REVISIT MAYBE SOME OF THE 5 TO 10 OUTLYING THINGS. I WOULD LIKE FOR US TO DO THAT. WE'LL PUT THAT ON TO FUTURE FUTURE AGENDA ITEMS. FUTURE FEATURE. YEAH. OKAY. THANK YOU. ALL RIGHT. THANK YOU VERY MUCH WITH THAT.

[EXECUTIVE SESSION]

OUR NEXT AGENDA ITEM IS THE EXECUTIVE SESSION, THE TOWN COUNCIL WILL RECESS INTO CLOSED SESSION AND COMPLIANCE WITH SECTION 551.1 OF THE TEXAS GOVERNMENT CODE AS AUTHORIZED BY THE TEXAS OPEN MEETINGS ACT. TO DELIBERATE REGARDING SECTION 551.87 TO DISCUSS AND CONSIDER ECONOMIC DEVELOPMENT INCENTIVES AND ALL MATTERS INCIDENT RELATED THERE TO SECTION 551.722 AND CONSIDER THE PURCHASE EXCHANGE LEASE OR VALUE OF REAL PROPERTY FOR MUNICIPAL PURPOSES AND ALL MATTERS INCIDENT RELATED THERE, TOO. SECTION 551.74 TO DISCUSS AND CONSIDER PERSONAL MATTERS IN ALL MATTERS INCIDENT RELATED THERE, TOO. SECTION 551.71 CONSULTATION WITH THE TOWN ATTORNEY REGARDING PENDING AND ANTICIPATED LITIGATION REGARDING ZONING AND INTERNATIONAL FIRE CODE MATTERS AND ALL MATTERS INCIDENT RELATED THERE, TOO. SECTION 551.74 TO DISCUSS APPOINTMENTS TO THE BOARD OF ADJUSTMENT CONSTRUCTION BOARD OF APPEALS PARKS AND RECREATION BOARD, THE LIBRARY BOARD PROSPER ECONOMIC DEVELOPMENT CORPORATION BOARD, THE PLANNING AND ZONING COMMISSION THAT COMMUNITY ENGAGEMENT COMMITTEE IN ALL MATTERS INCIDENT RELATED THERE

[Reconvene in Regular Session and take any action necessary as a result of the Closed Session.]

OKAY, TIME NOW, 7 53. AND WE'RE GOING TO RESTART OUR CONCESSION. FOR RECONVENED IN THE REGULAR SESSION. AND ARE THERE ANY ANY ACTIONS TO TAKE AS A RESULT OF THE CLOSED SESSION? YES, MAYBE WE DO. I HAVE ONE. UM WHAT WOULD THAT BE WOULD LIKE TO NOMINATE GLENN GLANCE IT FOR THE TMZ, PLEASE. SECOND. WE HAVE A MOTION FROM JEFF HODGES, SECOND BY CHARLES COTTON. ALL IN FAVOR PASSES UNANIMOUSLY. I HAD A YES VOTE FROM CHRIS ON THAT ALREADY. SO WITH THAT MOVING MOVING GERMAN JOURNEY FROM CHARLES COTTON AND MARCUS. I HEAR YOU SECOND THAT MARCUS RAY ALL IN FAVOR. MOTION PASSAGE UNANIMOUSLY. AL

* This transcript was compiled from uncorrected Closed Captioning.

Mar 28, 2023 Town Council

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