Oct 14, 2025 Town Council

ALL RIGHT. WITH THAT SAID, WE'LL NOW CALL THE REGULAR TOWN COUNCIL MEETING TO ORDER. GOOD

[Call to Order/ Roll Call. ]

[00:00:08]

[Announcements of recent and upcoming events]

JOIN THE TOWN FOR ITS ANNUAL ARBOR DAY CELEBRATION ON FRIDAY, NOVEMBER 7TH FROM 5 TO 6 P.M.

AT TANNER'S PARK. THE PARK OPERATIONS STAFF WILL DEMONSTRATE PROPER PLANNING TECHNIQUES, PLANT CARE AND FEEDING. LEARN MORE AT PROSPER TX GOV BACKSLASH SPECIAL EVENTS.

AND FINALLY, THE PROSPER VETERANS DAY HONOR RUN WILL TAKE PLACE ON SATURDAY, NOVEMBER 8TH FROM 8 TO 11 AT FRONTIER PARK WITH A TEN K, FIVE K AND FUN RUN. THIS FAMILY FRIENDLY EVENT WELCOMES PARTICIPANTS OF ALL AGES AND ABILITIES. FOR MORE INFORMATION, INCLUDING HOW TO REGISTER, VISIT PROSPER.GOV BACKSLASH. SPECIAL EVENTS. THANK YOU, COUNCIL MEMBER REEVES. I'D ALSO, AS ANOTHER ANNOUNCEMENT, IS ACTUALLY SIMPLY A THANK YOU TO ALL OF THE NEIGHBORHOODS AND BLOCKS THAT CONTRIBUTED TO THE NATIONAL NIGHT OUT LAST WEEK.

IT WAS GREAT TO SEE SO MANY OF OUR RESIDENTS OUT AND INTERACTING WITH OUR POLICE DEPARTMENT, OUR FIRE DEPARTMENT, AND THEIR AND THEIR NEIGHBORS. SO THANK YOU TO ALL THE FOLKS THAT DID THAT. IS THERE ANY OTHER ANNOUNCEMENTS? OKAY. THANK YOU. WE'LL MOVE NOW TO

[CONSENT AGENDA]

[00:05:04]

NON-CONTROVERSIAL ROUTINE PLANNING AND ZONING ITEMS WHERE THERE WAS NO OPPOSITION AND WERE UNANIMOUSLY APPROVED BY THE PLANNING AND ZONING COMMISSION, AND WHERE NO COMMENTS IN OPPOSITION HAVE BEEN RECEIVED BY THE TOWN COUNCIL PRIOR TO THE MEETING, ALSO MAY BE ACTED ON DURING THIS PORTION OF THE MEETING. ITEMS MAY BE REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCIL MEMBERS OR STAFF, AND I WOULD LIKE TO ASK TO REMOVE. ACTUALLY ITEM NUMBER 11. SO IS THERE ANYBODY ELSE 10 OR 10? TEN, TEN AND 11. IS THERE ANYONE ELSE FOR AN ITEM TO REMOVE FROM THE CONSENT AGENDA? CAN I GET A MOTION PLEASE? MOTION TO APPROVE ITEMS ONE THROUGH 912. SECOND TO SECOND, ONE THROUGH NINE, 12 THROUGH 14.

ALL IN FAVOR? AND SECOND BY CHRIS KERN. ALL IN FAVOR. THAT MOTION PASSES UNANIMOUSLY. MR.

[Items 10 &11]

I DO HAVE THE SIGNED COPY OF THE DEVELOPMENT AGREEMENT. WHAT YOU ALL HAVE IS THE SAME THING.

IT'S JUST NOT SIGNED. AND I'VE RECEIVED THE SIGNED COPY JUST A MINUTE AGO. AND ON ITEM NUMBER TEN, A COUPLE OF QUESTIONS, I THINK FOR CLARIFICATION MORE THAN ANYTHING ELSE THAT THAT WERE BROUGHT UP. AND I JUST WANTED TO GO OVER THESE REAL QUICK. THERE WAS A QUESTION ABOUT THE SURFACE PARKING FOR THE MULTIFAMILY DEVELOPMENT SHALL BE SCREENED ALONG MAJOR ROADWAYS. AND THE QUESTION WAS, WHERE IS THE DEFINITION OF MAJOR? AND IN THIS PARTICULAR SENSE, IT'S THE ROADWAYS AROUND THE DEVELOPMENT AND NOT THE INTERNAL DRIVES. SO YOU WON'T BE ABLE TO SEE IT IF YOU'RE ON THE ROAD. THE PARKING I'M TALKING ABOUT. BUT IF YOU'RE ON ONE OF THE INTERNAL DRIVES THAT'S ACTUALLY LEADING TO THE PARKING, THEN THAT WON'T BE SCREENED. OTHERWISE YOU CAN'T GET IN. BUT IT IS. IT IS SCREENED FROM VIEW, WHICH IS WHAT THE INTENT OF THE ORDINANCE IS ESSENTIALLY. EXCUSE ME, THE DRIVE. CORRECT? CORRECT. SECOND, THERE WAS A QUESTION UNDER THE SECTION FOR THE CONCEPTUAL PHOTOS. SO THE FOLLOWING PHOTOGRAPHS SHALL BE GENERALLY REPRESENTATIVE OF ARCHITECTURAL STYLE COLOR MATERIAL SELECTIONS WITHIN. AND THE QUESTION WAS WHAT DOES GENERALLY MEAN. AND AND THAT'S I CALL IT ARCHITECTURE SPEAK. BUT IT'S BASICALLY THE DECISIONS OF EXACTLY WHAT A BUILDING IS GOING TO LOOK LIKE AND ALSO WHAT COLOR IT MIGHT BE OR GENERALLY NOT MADE TO LITTLE LATER IN THE PROCESS BECAUSE THE ZONING USUALLY COMES FIRST. THESE ARE CONCEPTS. AND SO, FOR INSTANCE, THERE IS NO. S.W. 8641, WHICH IS THE SHERMAN WILLIAMS CODE FOR A COLOR OF PAINT, BECAUSE I HAVEN'T GOTTEN THAT FAR YET, BUT THEY WILL. WHATEVER IS BUILT WILL GENERALLY LOOK LIKE WHAT THE PICTURES REPRESENT FROM A REPLICA PERSPECTIVE. AND THEN THE COLORS ARE GENERALLY THE SAME TYPES OF COLORS. IF THEY'RE EARTH TONES, THEN THEY'RE GOING TO BE BROWNS AND GREENS AND BREASTS. THEY'RE NOT GOING TO BE PURPLE AND LIME GREEN AND SO FORTH. SO AGAIN, THAT'S THAT'S RELATIVELY COMMON. THEN THERE WAS QUESTION ABOUT UPSCALE USES, BOTH HOSPITALITY AND RETAIL AND HOW HOW WILL THAT BE DETERMINED. AND IT'S IN THE THE PROPOSED ORDINANCE AND THE CODE OR EXCUSE ME, THE AGREEMENT THAT THAT WOULD BE DETERMINED BY THE DIRECTOR OF DEVELOPMENT SERVICES. AND AS PART OF THAT APPROVAL PROCESS, TO KNOW THAT THE DIRECTOR ACTUALLY SEES THOSE ALL THE CEOS THAT GET APPROVED RIGHT NOW, GO THROUGH THEM. I'M SORRY. PLANNER SPEAK, CERTIFICATES OF OCCUPANCY, CEOS THAT THAT COME THROUGH ARE ALL SEEN BY ME. AND SO THEY'LL GET APPROVED AT THAT TIME AND I'LL KNOW WHETHER OR NOT IT'S SOMETHING THAT THAT WE WOULD COLLECTIVELY CONSIDER UPSCALE OR NOT UPSCALE. SO SO THEY ARE VIEWED. EXCUSE ME. THERE WAS ANOTHER QUESTION, AND IT WAS SPECIFICALLY ABOUT PAGE 92. AND I CAN TELL YOU WHAT IT IS WITHOUT YOU HAVING TO GO AND LOOK. THAT SECTION DEALT WITH THE RESIDENTIAL COMPONENT OF THE SUBDISTRICT. AND AT THE TIME THAT THE ORDINANCE WAS APPROVED, IT ONLY HAD TOWNHOMES IN IT NOW. AND AS YOU ALL RECALL, THERE'S NOW A SECTION

[00:10:02]

SO IF STAFF WANTS TO DISCUSS THAT WITH THEM I THINK THAT'S AVAILABLE NOW. SO IS THERE ANYONE ELSE THAT HAS POINTS OR COMMENTS ON ITEMS NUMBER TEN AND 11? I THINK JUST ME BEING CONSISTENT. I NORMALLY IF I DON'T VOTE FOR IT, THE FRONT END, I DON'T VOTE FOR IT HERE EITHER. SO I JUST WANT TO CLARIFY THAT THE RESPECT FOR THE DEVELOPER AND APPRECIATION TO FELLOW COUNCIL MEMBERS FOR WORKING ON ADDING ADDITIONAL THINGS, BUT I'LL BE VOTING AGAINST OR ABSTAINING OR WHATEVER FOR THIS. ANYONE ELSE? ALL RIGHT. DO I HAVE A MOTION TO APPROVE ITEMS NUMBER TEN AND 11 MAKE A MOTION TO APPROVE ITEMS NUMBER TEN AND 11 ON THE CONSENT AGENDA. I HAVE A MOTION BY THE MAYOR PRO TEM, SECOND BY JEFF HODGES. ALL IN FAVOR? MOTION OPPOSED. MOTION PASSES 6 TO 1. THANK YOU, THANK YOU. THANKS. MR. OKAY. WE'LL NOW MOVE TO CITIZENS. COMMENTS. PUBLIC IS INVITED TO ADDRESS THE COUNCIL 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 PRESENT IT TO THE TOWN SECRETARY PRIOR TO THE MEETING. PLEASE LIMIT YOUR COMMENTS TO THREE MINUTES. IF MULTIPLE INDIVIDUALS WISH TO SPEAK ON A TOPIC, THEY MAY YIELD THEIR THREE MINUTES TO ONE INDIVIDUAL APPOINTED TO SPEAK ON THEIR BEHALF. AN INDIVIDUAL YIELDING THEIR TIME MUST BE PRESENT AT THE MEETING, AND THE APPOINTED INDIVIDUAL WILL BE LIMITED TO A TOTAL OF 15 MINUTES. I SEE NO PUBLIC COMMENT FORMS IN FRONT OF ME. IS THERE ANY OF YOU HAVE? NO. IS THERE ANYONE IN THE AUDIENCE WOULD LIKE TO HAVE PUBLIC COMMENT? SEEING NONE, WE'LL MOVE TO THE REGULAR

[15. Conduct a Public Hearing and consider and act upon a request to rezone 373.5± acres from Agricultural to a Planned Development allowing for both Single-Family and Age Restricted Single-Family Residences, located on the south side of Parvin Road and 2,070± feet east of FM 1385. (ZONE-24-0022) (DH) ]

YOU ALL HAVE HEARD IT A COUPLE OF TIMES, AND I THINK FOR THE MOST PART, YOU KNOW, THE DRILL OF OF WHAT'S BEING PROPOSED. LAST TIME IT WAS HERE, THERE WERE SEVERAL ITEMS THAT WERE BROUGHT UP BY THE COUNCIL, AND THE DEVELOPERS HAD THE OPPORTUNITY TO ADDRESS, I BELIEVE, MOST OF THEM, AND THEY'RE ADDRESSED IN ONE FORM OR ANOTHER IN THE, THE, THE PRESENTATION THAT THEY HAVE THAT I'M JUST GOING TO LET THEM SHOW YOU INSTEAD OF ME TELLING YOU. AND THEN I'M TELLING YOU MOST OF THE SAME THING AGAIN. THIS WAY YOU ONLY HAVE TO HEAR IT ONCE, AND YOU HEAR IT STRAIGHT FROM THE HORSE'S MOUTH, SO TO SPEAK. SO IF IT'S ALRIGHT, MAYOR, I'LL HAVE MR. BOSWELL COME UP AND AND DO HIS PRESENTATION. AND THEN IF YOU HAVE ANY QUESTIONS FOR ME, OBVIOUSLY I'LL BE HAPPY TO ANSWER THEM, IF THAT'S OKAY.

THANK YOU.

GOOD AFTERNOON. MAYOR AND COUNCIL, MIKE BOSWELL. TOLL BROTHERS 2555 SOUTHWEST GRAPEVINE PARKWAY, SUITE 100. GRAPEVINE, TEXAS, 76051. APPRECIATE YOUR OPPORTUNITY TO

[00:15:06]

CRAFTSMAN AND MISSIONS HAVE BEEN REDUCED OR REMOVED, AND THEN THE UPDATED GARAGE MINIMUMS TO 600FT. AGAIN, JUST SOME NICE SLIDES HERE WITH THE DIFFERENT TYPES OF ARCHITECTURE THAT WE WOULD DO FOR OUR AMENITY CENTERS. AGAIN, THESE ARE COMMUNITIES THAT ARE EQUAL IN LOT COUNT WITHIN ABOUT 50 UNITS OR SO AND ARE WHAT WE PLAN. NOW. IF YOU GO BACK TO THE ORIGINAL SLIDE WHERE I WENT THROUGH THE FOUR THINGS, THAT'S A $29 MILLION AMENITY CENTER.

DIFFERENCE BETWEEN THAT COMMUNITY AND THIS COMMUNITY IS THERE'S ABOUT A THOUSAND LOTS IN THAT ONE. AND THE HOMES SETTLE FOR ABOUT $4.8 MILLION ON AVERAGE. SO IT'S A LITTLE DIFFERENT MARKET. IT'S CALIFORNIA. YOU HAVE IN THE VIEW. YOU HAVE GLASS FENCES WHERE PEOPLE CAN LOOK AT THE MOUNTAINS IN THE DISTANCE. THAT'S NOT THIS PROJECT. BUT WE DO UNDERSTAND THAT MARKET. WE UNDERSTAND HOW TO DO ACTIVE ADULT AGE TARGETED COMMUNITIES.

SO WE WE'RE FAIRLY COMFORTABLE IN THAT SPACE. SO THESE ARE BASICALLY SET UP FOR SUCCESS IN TEXAS. THIS ONE AGAIN IS THE COMMUNITY IN BOERNE TEXAS. THIS ONE'S ACTUALLY A MULTI FLOOR BECAUSE OF THE TOPOGRAPHY THERE. THIS IS ONE OF MY COMMUNITIES AS I SAID LAST TIME THAT'S IN BERNIE. JUST SOME OF THE ARCHITECTURE SOME OF THE BRANDING AND JUST WOW PICTURES.

I THINK IN THE PREVIOUS PRESENTATION I HAD THE SEPTEMBER ACTIVE ADULT, I LIKED IT. THE OLD FASHIONED IS STILL ON THE 15TH, BUT WITH THAT SAID, THIS IS THE UPDATED CALENDAR FOR THE ACTIVE ADULT THAT GETS BUILT INTO THE HOA GUIDELINES. AND WE ALSO HIRE A PERSON THAT DOES NOTHING BUT LIFESTYLE. AND AT THE END OF THE DAY, THIS IS THE CALENDAR FOR THE MONTH OF OCTOBER. SO WE DID WE DID UPDATE THAT. SO YOU KNOW THAT IT IS AN ACTIVE CALENDAR HERE.

WE'RE KEEPING WITH THE SAME SIDE YARD SETBACKS. WE DIDN'T CHANGE THOUGH. THERE ARE EIGHT FEET ACROSS. EVEN IF EVEN WITH THE 60 FOOT LOTS, WE'VE STILL GOT THE 60S AND 66 AND THE 70 SIXES. THIS IS ON THE WEST SIDE. WE WENT THROUGH AGAIN AND LOOKED AT SOME OF THESE PICTURES, AND I CAN SHOW YOU ADDITIONAL PICTURES IF YOU WANT. OF WHAT? WHAT HAPPENS WHEN IT

[00:20:05]

THE PROBLEM YOU HAVE WITH THESE PLANS IS THAT YOU'RE LOSING SIGHT OF THE SCALE. SO THIS IS A DOCUMENT THAT WILL LIVE IN TIME AGAIN. IT WILL START WITH JUST A CONCEPT. AS YOU SEE HERE.

IT'LL GO THROUGH ACTIVE CDS AND THEN WORK THROUGH THE FINAL EFFORT OF CONSTRUCTION AT SOME POINT IN THE FUTURE. BUT AGAIN THIS IS A PARK THAT'S SIX OVER SIX AND A HALF ACRES. IT'S PAIRED WITH ANOTHER PARK ON THE OTHER SIDE OF THE STREET. THIS IS THE AMENITY FOR THE WEST OR FOR THE EAST SIDE AS WELL. THIS WILL BE AN OPEN AIR PAVILION. IT'S A LITTLE BIT DIFFERENT NEIGHBORHOOD. MOST OF THOSE, MOST OF THOSE FOLKS WILL LIVE IN THEIR BACKYARDS, SO THEY'LL HAVE THE OPTION TO PUT THEIR OWN POOLS IN. AND THAT'S VERY COMMON IN THOSE HIGHER PRICE POINTS. AGAIN, THIS IS ANOTHER POCKET PARK EXAMPLE THAT WE'VE DONE. IT'S A VERY SMALL AREA, BUT AT THE SAME TIME THIS IS SOMETHING THAT WE'VE DONE IN OTHER PLACES FOR THE AGE APPROPRIATE EQUIPMENT IN THERE. NOTHING REALLY NEW HERE. THE TRAIL PLAN WE'VE UPDATED THIS.

NOT A LOT HAS CHANGED. I THINK THERE'S WE'RE SHOWING THE TRAIL AREAS THROUGH HERE. WE'RE SHOWING THE TEN FOOT TRAIL ALONG PARVIN. I THINK THERE WAS A REQUEST FOR SOME CLARIFICATION THERE. AND THEN ALSO WITHIN THE SUBDIVISION ITSELF, THE SIDEWALKS WILL ALL BE FIVE FOOT WIDE. IN AN EFFORT TO TRY TO SHOW SOME ADDITIONAL DETAIL IN THESE AREAS. WE'VE DONE SOME INITIAL CONCEPT DRAWINGS FOR THESE. THESE ARE, YOU KNOW, ONE AND ANYWHERE FROM ONE TO FOUR ACRE PARK AREAS. AND SO WE WANT TO MAXIMIZE THE USE OF THAT. WE WANT TO ENCOURAGE ACTIVE PARTICIPATION INTO THOSE AREAS. HERE'S ANOTHER EXAMPLE WHERE YOU'RE UP AGAINST THE BRAZOS POWER LINE WHERE WE CREATE THE TRAIL SYSTEM THROUGH HERE. AGAIN, IT WILL HAVE TO HAVE SWITCHBACKS IN IT AND DIFFERENT ELEMENTS LIKE THAT IN ORDER TO MAKE ADA REQUIREMENTS. BUT HERE YOU'RE ADDING IN PARK AREAS AND GAZEBOS SO THAT FOLKS CAN ENJOY THOSE SPACES. IT ALSO CREATES ADDITIONAL BUFFER BETWEEN THESE HOMES HERE BECAUSE IT CREATES A PICTURE FRAME, IF YOU WILL, SO THAT PEOPLE DON'T IT. IT'S INTENDED TO SCREEN WHAT'S IN FRONT OF THEIR HOME. AND SO YOU YOU WORK TO CREATE THAT EFFECTIVE SCREENING. AGAIN THE DISTINCTIVE ARCHITECTURE SOMETHING THAT WE DO A LOT OF THESE ARE THESE ARE ALREADY IN THE DOCUMENT. I WON'T REHASH IT TOO MUCH, BUT WHAT I DID WANT TO DO IS JUST KIND OF GO THROUGH THESE DIFFERENT STYLES. AND WHEN I GET TO THE HILL COUNTRY, YOU SIT HERE AND I'M, I'M TALKING ABOUT THIS AS A GROUP OF HOMES. SO WHEN YOU LOOK AT THIS, THIS IS, THIS IS, THIS IS THE CONCEPT. AND THEN AS YOU GO DOWN THE SIDE HERE, YOU CAN SEE THE DIFFERENT WAYS IN WHICH THAT'S IMPLEMENTED WITH THE STUCCO AND STONE FINISHES AND THE, THE METAL ROOF HERE. THIS WOULD BE A MEDITERRANEAN. THIS IS THE ONE THAT WE LEFT IN WHILE WE REMOVED THE MISSION STYLE. THE MISSION WOULD NOT HAVE HAD A LOT OF THESE ACCENT PIECES HERE.

IT WAS JUST A MORE SMOOTH, CLEAN FEEL. IT DIDN'T HAVE THOSE ACCENT PIECES ADDED TO THE ELEVATION. HERE'S THE MODERN FARMHOUSE. AS IT GETS IMPLEMENTED AND ROLLED THROUGH.

THIS IS THE SMALLER PRODUCT. THIS IS SOME OF THE OTHER STUFF THAT YOU'LL SEE AS YOU MOVE FORWARD. YOU CAN START SEEING THE STUCCO THAT GETS TUCKED IN HERE. THIS IS ACTUALLY A COURTYARD TYPE. AND THEN AGAIN, THIS IS THIS IS KIND OF THE THE LARGER OF THE LOTS, THE 80.

TRADITIONAL TRANSITIONAL. AND THEN THE TRANSITIONAL WILL HAVE MULTIPLE TYPES AND STYLES AND LOOKS TO IT. THIS IS REALLY KIND OF AGAIN GOING FROM THE SMALL TO THE LARGE. THE TUDOR.

AND THAT'S BASICALLY IT FOR THE SLIDESHOW. I KNOW THERE'S A LOT OF QUESTIONS ABOUT THE HARDIE.

AT THE END OF THE DAY, WE WE LIKE THE HARDIE BECAUSE IT ALLOWS US TO DO THIS. THIS IS SOMETHING THAT WE'VE BEEN VERY SUCCESSFUL WITH. IT'S NOT A WOOD ADJACENT PRODUCT LIKE IT WAS 20, 30 YEARS AGO. AT THE END OF THE DAY, THIS IS A VERY POPULAR STYLE AND LAYOUT. WE STILL ARE USING THE WATER TABLE HERE. THE FRONT FACADE HAS THE STONE AND BRICK ON THE GARAGE AREA. WHERE WHERE WE'RE REALLY PUSHING THE BOUNDS IS, IS THIS AREA RIGHT HERE FOR US? IF YOU MAKE THIS BRICK, IT JUST DOESN'T LOOK RIGHT. THAT'S AN ARCHITECTURAL ACCENT. MOST OF THESE ARE. I'LL JUST SAY IT THIS WAY. MOST OF THESE. THIS IS THE LIMIT OF THE HARDIE THAT YOU WILL SEE HERE. AS YOU CAN SEE DOWN THIS EDGE HERE, THE SIDES AND REAR OF THE HOME ARE EITHER STUCCO, BRICK OR STONE. THE ONLY HARDIE THAT YOU'LL FIND ON THE BACK OF THE HOME IS

[00:25:04]

SO WITH THAT SAID, I'M HERE TO ANSWER QUESTIONS. I'M SURE DAVE CAN STEP UP IF NEEDED. SO.

ACTUALLY, WE'LL GO AHEAD AND GET THE PUBLIC HEARING OUT OF THE WAY FIRST BEFORE WE GO ON TO THE THAT STUFF. SO WE'LL AT THIS TIME, I'LL GO AHEAD AND OPEN THE PUBLIC HEARING. IS THERE ANYONE THAT WOULD LIKE TO SPEAK ON THIS PARTICULAR ITEM? I BELIEVE I HAVE SOMEONE FROM THE BACK. YES. COME ON UP. JUST STATE YOUR NAME AND ADDRESS, PLEASE. THANK YOU. JOHN SAUNDERS, ALSO 2555 SOUTHWEST GRAPEVINE PARKWAY, SUITE 100, GRAPEVINE, TEXAS 76051. I AM AN EMPLOYEE OF TOLL BROTHERS, BUT I AM ALSO A TOWN OF PROSPER RESIDENT. I LIVE IN STAR TRAIL.

I WOULD JUST LIKE TO VOICE MY SUPPORT FOR THIS PROJECT. TOLL HAS BEEN LOOKING FOR AN ACTIVE ADULT PROJECT IN THE DFW METROPLEX FOR OVER TEN YEARS, AND WE FEEL LIKE THIS LOCATION AND PROSPER TEXAS IS ABSOLUTELY THE RIGHT CHOICE. TO BRING IT AND BE OUR FIRST ONE DOESN'T MEAN WE DON'T, YOU KNOW, UNDERSTAND WHAT WE'RE DOING WITH ACTIVE ADULT. AS MIKE SHOWED YOU IN HIS PRESENTATION, WE DO THIS ACROSS THE COUNTRY. WE'VE BEEN VERY SUCCESSFUL WITH IT. COME HERE IN TEXAS AS WELL, DOWN IN AUSTIN AND SAN ANTONIO, AND RECENTLY STARTED OUR FIRST ACTIVE ADULT COMMUNITY DOWN IN THE HOUSTON DIVISION. SO AGAIN, I JUST WANTED TO VOICE MY SUPPORT FOR THIS PROJECT. THANK YOU, THANK YOU. IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK ON THIS PARTICULAR ITEM? SEEING NO ONE, I'LL GO AHEAD AND CLOSE THE PUBLIC HEARING AT THIS TIME.

COUNCIL DISCUSSION. AND I'M GOING TO START WITH THE MAYOR PRO TEM. YEAH. SO I JUST HAVE A FEW JUST REVISIONS I WOULD LIKE TO SEE. I THINK STAFF SHARED THOSE WITH WITH YOU GUYS EARLIER TODAY. SO. FOR THE SAKE OF TIME, I WILL JUST RUN THROUGH THEM QUICKLY SINCE EVERYONE HAS A COPY. I THINK OUR TOWN ATTORNEY ALSO HAS A COPY. MY COMMENTARY AROUND IT IS MOST OF THE CHANGES ARE ON THE WEST SIDE OF TRACK, AND THAT'S BECAUSE I FEEL LIKE, YOU KNOW, 80% OF THE LOTS IN THAT SECTION DO NOT MEET OUR MEDIUM DENSITY REQUIREMENTS FOR 10,000 TO 12,500FT■!S. SO IN ORDER FORS TO SORT OF, YOU KNOW, OVERLOOK THAT IN OUR COMP PLAN, AND I UNDERSTAND THIS IS GATED AND AGE RESTRICTED, I JUST HAVE SOME THINGS TO ADD TO IT, JUST TO MAKE US HAVE THE KIND OF DEVELOPMENT THAT WE WOULD BE LOOKING FOR HERE. SO REAL QUICKLY IN SECTION 3.12, UNDER THE DEFINITION OF SINGLE FAMILY, I WANT TO CLARIFY THE WORD MAY WITH THE WORD SHALL. AND IF THAT SOUNDS TICKY TACKY, BUT WHEN YOU'RE TALKING ABOUT AGE RESTRICTED, I THINK WE JUST WANT TO MAKE SURE THAT THAT'S WHAT WE'RE ALWAYS DEALING WITH.

AND THERE HAVE BEEN SOME AGE RESTRICTED, AS I SHARED WITH YOU IN THE PAST, NEIGHBORHOODS THAT STARTED TO GO IN, SUCH AS SWEETWATER AND LIGHT FARMS, A PROJECT IN CRAIG RANCH THAT DIDN'T WORK, AND THEY HAD TO REVERT BACK TO MARKET MARKETING, JUST HOMES TO ANYONE. AND WITH US REDUCING THE LOT SIZE SPECIFICALLY FOR AGE RESTRICTED, I JUST DON'T WANT US TO GET IN THAT SITUATION. SO I WANT TO MAKE SURE WE'VE SHORT THAT UP. SO I WANT TO MAKE SURE THAT THIS THESE THIS TRACT IS AGE RESTRICTED ONLY BOTH IN THE PD AND IN THE DEVELOPMENT AGREEMENT THAT WE'RE VERY, VERY SURE ON THAT. LET'S SEE. AND I WANT TO ADD IN THAT SECTION AS WELL THAT THE HOA DOCS SHOULD BE APPROVED BY THE DIRECTOR OF DEVELOPMENT SERVICES, AND I HAVE REASONS FOR THAT. BUT SO THIS IS A POINT OF QUESTION FOR ME. SO FURTHER DOWN IN THE DEVELOPMENT STANDARDS, THERE'S A REFERENCE BACK TO THE EXISTING ORDINANCE RELATED TO PRIVATE STREETS. I KNOW THAT THAT SECTION TALKS VERY EXPLICITLY ABOUT THE GATING OF COMMUNITIES AND SUCH. SO I WANT TO BE CAREFUL THAT WE DON'T DO SOMETHING THAT MESSES WITH THAT BECAUSE IT'S VERY DETAILED. IT DEALS WITH SIGNAGE, IT DEALS WITH THE FIRE MARSHAL, IT DEALS WITH TRASH SERVICE, IT DEALS WITH A LOT OF STUFF. SO I WOULD ASK RESPECTFULLY THAT WE WE BE CAREFUL THAT WITH THAT. AND THAT'S JUST THAT'S JUST AN OBSERVATION. HAVING REREAD THE CODE TODAY TO MAKE SURE I UNDERSTOOD IT. SO I'M I'M LOOKING AT TERRY TOWN ATTORNEY TERRY KNOWS ME SO HE KNOWS I'M KIND OF A GEEK ON THIS STUFF. YEAH. EXCUSE ME. I THINK THAT IF WE GET INTO A PROBLEM, WE CAN. WE CAN ADDRESS THAT. THANK YOU. IN SECTION SIX. IN SECTION

[00:30:07]

THERE ARE SOME. AS MAYOR PRO TEM BARTLEY SAYS, THERE ARE SOME SUBDIVISIONS THAT THAT HAVE IT WRITTEN INTO THE PD, WHERE THEY MAY BE ON THE CORNERS. AND AGAIN, THAT THAT'S TYPICALLY WHERE YOU'LL HAVE THE ENTRANCES, WHICH ARE TYPICALLY ON YOUR YOUR THOROUGHFARES.

THEY MAY NOT BE MAJOR THOROUGHFARE BY DEFINITION OF OUR, OUR TRANSPORTATION CODES, BUT THERE ARE THOROUGHFARES TO THE NEIGHBORHOOD. AND SO YOU WILL SOMETIMES SEE THEM THERE.

YOU DON'T GENERALLY SEE THEM ON A STANDARD LOT, IF YOU WILL, IN THE INTERIOR PART OF A, OF A NEIGHBORHOOD. THOSE ARE USUALLY GOING TO BE THE. THE PARKSIDE PD HAS THIS LANGUAGE, AND THE

[00:35:03]

WE'VE LANDSCAPED ON THE INTERIOR OF OUR, OF OUR FENCING, BUT IT LOOKS BETTER THAN THE BOARD ON BOARD FENCING AS YOU DRIVE THROUGH THE NEIGHBORHOOD. BECAUSE AS I SAID, YOU KNOW, I CAN THINK OF A LOT OF NEIGHBORHOODS THAT THAT HAVE IT THAT WAY. AND YOU OVER TIME, PEOPLE REPLACE THEIR FENCES AND THEY CHANGE THEIR STAIN. AND IT JUST IT LOOKS THIS IS JUST MORE IT JUST GIVES IT CONTINUITY. BUT WITH MASONRY THAT WOULD IT WOULD CHANGE THAT. I THINK THAT IT JUST WOULDN'T BE OPEN. CORRECT. IF IF YOU'LL DEFER TO STAFF WE CAN CLEAN UP A MAP OKAY FOR THIS AND CIRCULATE IT PRETTY QUICKLY. OKAY. SOUNDS GOOD. THEN THE SCREENING OF EQUIPMENT, ALL EQUIPMENT VISIBLE FROM THE STREET, HVAC EQUIPMENT, POOL EQUIPMENT MUST BE SCREENED BY SHRUBS. PLAYGROUND STANDARD IN 8F2 REQUIRE THAT THE POCKET PARK, PLAYGROUNDS, OR ANY OTHER PLAYGROUNDS IN BOTH TRACKS WOULD BE COVERED AND SHADED.

JUST BECAUSE WE'VE DONE THAT IN OUR OWN TOWN, WE'VE HAD TO GO BACK AND RETROFIT THOSE BECAUSE IT'S SO HOT THE KIDS CAN'T PLAY ON IT. SO IT'S JUST IT JUST MAKES IT MORE USEFUL IN THE SUMMER. SECTION EIGHT G ON THE WEST TRACK. SO YOU THERE'S A LIST OF AMENITIES. I WOULD LIKE TO CHANGE SUBSECTION THREE TO REQUIRE ONE OF THE FOLLOWING A SPORTS COURT, A BOCCE BALL COURT OR SHUFFLEBOARD COURT THAT WAS IN THAT WAS THE LANGUAGE YOU GUYS HAD. AND THEN IN SUBSECTION FOUR REQUIRE AT LEAST TWO OF THE REMAINING AMENITIES. I WAS JUST PULLING THOSE OUT SO THAT ONE OF THOSE WOULD BE REQUIRED. SECTION EIGHT J WEST TRACK AMENITY CENTER AMENITY CENTER MUST BE COMPLETED PRIOR TO THE ISSUANCE OF A CEO FOR THE 200TH HOME. I THINK YOU HAD IT AT 53%. THAT'S AT 40% A COMPLETION JUST BECAUSE IT'S AGE RESTRICTED. I THINK THAT'S A DRAW FOR FOR PEOPLE. SECTION NINE FOR AND WE YOU DISCUSSED THAT. SO WE DON'T NEED TO TALK ABOUT THAT. WHAT WAS THE DIFFERENCE BETWEEN THE INTERNAL AND THE HIKE AND BIKE.

YOU ADDRESSED THAT ALREADY. AND THEN I WANT TO MAKE SURE THAT WE'RE REQUIRING SUCH AS WE DID WITH LADERA ENHANCED LANDSCAPING AT THE THREE ENTRANCES OFF FRONTIER AND PARVIN, AND ONE OFF OF DENTON WAY, WAY. WHAT'S THE SOUTHERN? THE SOUTHERN ENTRANCE TO THE SOUTH OF YOUR AGE? RESTRICTED. I KNOW YOU'RE TALKING ABOUT ATTRACT. THAT'S IT FOR ME.

THANK YOU. AND JUST FOR THE RECORD, ALL OF THIS WAS PROVIDED TO THE DEVELOPER.

CORRECT. AND TERRY HAS A COPY AS WELL? YEAH, I THINK WE'RE WE'RE GOOD WITH EVERYTHING. THE ONLY ONE IS, IS THE, THE HARDY BOARD. I MEAN, WE HAVE AN ARCHITECTURAL STYLE. I ACTUALLY HAVE A TEAM WORKING WITH THE CITY COUNCIL IN SALINA AS WE SPEAK, AND WE'RE WORKING WITH THEM TO REDO THEIR ORDINANCE AS WELL. WE HAD ARCHITECTURAL STANDARDS THAT WE WENT FORWARD TO. WE AMENDED THOSE WITH A DEVELOPMENT AGREEMENT, AND THAT IS NOW BECOME THE BAR FOR WHAT THEY WANT TO DO WITH THEIR ORDINANCE TONIGHT, SO THAT THAT'S WHAT WE ARE. AND SO I WANT TO I WANT TO MAKE SURE I UNDERSTAND WHAT WHAT YOU'RE ASKING SPECIFICALLY. YOU KNOW, WE'RE NOT TALKING ABOUT A WOOD ADJACENT FIBERBOARD. THAT IS SOMETHING THAT WOULD HAVE BEEN DONE 20, 30 YEARS AGO. THIS IS A TRUE CEMENT PRODUCT. IT'S ARCHITECTURAL. HARDY HAS BEEN IN BUSINESS FOR 140 YEARS. SO IT'S A QUALITY PRODUCT THAT WE STAND BEHIND FOR TEN YEARS. AND THEY STAND THEY HAVE A LIFETIME WARRANTY AS WELL. I WOULD ALSO SAY THAT PART OF OUR CONVERSATION WITH OTHER COUNCILS AS WE GO THROUGH THIS IS IT'S FINE TO TALK ABOUT PRODUCTS. I MEAN, YOU CAN TALK ABOUT BRICK AND HOW IT'S BEEN AROUND SINCE THE MESOPOTAMIANS, BUT THE PROBLEM IS, IS NO MATTER WHAT YOU INSTALL, IF IT'S NOT INSTALLED CORRECTLY, IT WILL NOT IT WILL NOT BE WARRANTABLE AND IT WILL NOT STAND THE TEST OF TIME THAT GOES WITH PAINTED BRICK. IT GOES WITH STUCCO, IT GOES WITH ANYTHING. SO WE WE TOTALLY UNDERSTAND THAT. BUT WE WOULD LIKE TO KEEP AS MUCH OF THAT IN HERE SO THAT AGAIN, WE CAN BUILD A SPECIFIC HOME THAT IS VERY POPULAR IN OUR LINEUP. AND SO WHETHER THAT'S THIS ONE HERE WHERE YOU'RE PROBABLY ABOUT 20% STUCCO, AND AGAIN, THIS IS ONLY ON THE FRONT OF THE HOME OR.

GOING TO THIS HOME. HERE SLIDE THIS UP. YOU KNOW, THIS IS THIS IS PROBABLY THE MOST EXTREME VERSION THAT WE WOULD GO TO. SO I MEAN. OKAY, SO MR. HOOVER FOR FOR INSTANCE, ON THIS PARTICULAR DRAWING, I BELIEVE THIS IS THE IS THIS THE MODERN FARMHOUSE ONE? OKAY. SO IN OUR NORMAL DEVELOPMENT STANDARDS, HOW MUCH OF THIS PARTICULAR PRODUCT HARDIEPLANK PRODUCT WOULD WE ALLOW ON THERE? I THINK IT'S 50% OF THE TYPICALLY THE, THE HARDIE FOR INSTANCE,

[00:40:03]

BUT I THINK SOME OF THE DESIGN STANDARDS OR MATERIALS ARE GOING TO BE MIGHT BE A HICCUP FOR YOU. AND WITH THAT, I'LL LET THE REST OF THE COUNCIL GO ON. I WAS GOING TO ECHO THE FIRST PART OF YOUR STATEMENT OR ACTUALLY THE WHOLE THING, BUT THE SPECIFICALLY THAT YOU YOU ARE ADDRESSING SOME OF THE MAJOR COMPONENTS OF THE ARGUMENTS, ESPECIALLY FROM PLANNING AND ZONING WITH THE LOT SIZES AND THE OVERALL DENSITY. I THINK THAT HAS GOTTEN YOU A LONG WAY IN THE PROCESS HERE. AND IN PARTICULAR, YOU KNOW, TO THAT PARTICULAR WITHOUT TRYING TO BE SPECIFIC TO THE TO THE ACTUAL PRODUCT ITSELF. BUT I THINK IT'S IT'S A BRIDGE TOO FAR IN MY MIND, AWAY FROM OUR STANDARDS THAT WE'RE TRYING TO HOLD, WHETHER OR NOT IT'S SPECIFIC TO THE DESIGN ESTHETIC THAT SOME PEOPLE MAY, YOU KNOW, BE LOOKING FOR. IT'S NOT SOMETHING THAT, YOU KNOW, TO TO WHAT THE QUESTION THAT THE MAYOR ASKED FROM STAFF IS.

IT'S NOT SOMETHING THAT WE'RE ALLOWING ELSEWHERE. AND THERE'S A LOT OF OTHER KIND OF THINGS THAT WE'RE ACQUIESCING ON THERE. AND I JUST THINK IT'S JUST ONE MORE THING THAT'S A LITTLE BIT OVER, IN MY OPINION, IN REGARDS TO THAT PIECE. BUT OTHERWISE I'M VERY HAPPY THAT YOU WERE ABLE TO COME UP WITH SOMETHING THAT FITS ALL THE OTHER THE MODELS AND OBJECTIONS THAT WE'VE HAD. SO THANK YOU FOR THAT. YEAH. I WOULD JUST LIKE TO SAY THAT I REALLY APPRECIATE YOU. REDUCING THE, THE, THE NUMBER OF LOTS AND BRINGING THAT DENSITY DOWN. SO WE DO NOT HAVE TO AMEND THE FUTURE LAND USE PLAN, BECAUSE THAT WAS SOMETHING I WAS NOT WILLING TO DO. I ALSO APPRECIATE, YOU KNOW, REDUCING THE DIFFERENT TYPES OF LOTS FROM 200 TO 1, 175 ON THE, ON THE TYPE E. AND INCREASING THE LOT SIZE. BUT I DO HAVE TO AGREE WITH COUNCILWOMAN BARTLEY THAT THERE ARE CERTAIN STANDARDS THAT THAT WE LIKE TO UPHOLD. AND SO. HOPEFULLY THAT CAN BE. ATTENDED TO BECAUSE THIS IS SOMETHING I THINK THAT WOULD BE A GOOD FIT. THERE'S JUST A COUPLE OF THINGS THAT HOPEFULLY CAN GET WORKED OUT. THIS WILL BE PRETTY SHORT AND SWEET BECAUSE I, I AGREE WITH EVERYTHING THEY'RE SAYING. I YOU KNOW, I REALLY DO APPRECIATE THE WORK THAT Y'ALL Y'ALL DONE ON THIS SINCE OUR, OUR LAST MEETING. I APPRECIATE THE THE REDUCTION AND AND. YOU KNOW, THE THE BUILDING STANDARDS. I, I THINK THAT, YOU KNOW, WE'VE GOT THOSE FOR A REASON AND BUT I YOU KNOW I HOPE I HOPE THAT WE CAN CAN FIGURE SOMETHING OUT. BUT I DO LIKE THE CONCEPTS I BUT I, I THINK THAT WE'VE GOT A LITTLE BIT MORE WORK TO DO. MARCUS. WELL, I APPRECIATE YOU COMING BACK FOR THE THIRD ROUND. I'VE

[00:45:02]

THERE'S THERE'S A LOT OF CONSTRAINTS HERE. I TAKE THE FEEDBACK FROM THE PLANNING AND ZONING VERY SERIOUSLY WITH THE THE LAYOUT. AND I TOO, I WOULD NOT BE COMFORTABLE WITH AN EXCEPTION TO OUR CURRENT STANDARDS, THAT WE HOLD EVERY DEVELOPER IN THIS ROOM AND OUTSIDE OF THIS ROOM TO. YOU'VE ASKED FOR A GREAT DEAL, AND I THINK THAT STAFF HAS BEEN VERY ACCOMMODATING, AND I APPRECIATE YOU BEING ACCOMMODATING WITH THEIR REQUESTS. I JUST I AM NOT IN FAVOR OF HOW THIS IS BEING PRESENTED TONIGHT AND WILL REALLY ENCOURAGE MY FELLOW COUNCIL MEMBERS TO THINK VERY CAREFULLY ABOUT THE DECISIONS WE MAKE TONIGHT. YEAH. THANK YOU FOR COMING BACK. WITH INCREASED LOT SIZES. WHAT ARE WHAT ARE THE PRICE POINTS IN THAT ON THAT THE SMALLEST LOTS THAT RANGE YOU'RE THINKING MEMORY. IT'S IN THE 765 WAS THE LOWEST ONE AND THEN IT WENT UP FROM THERE. I THINK THE WEIGHTED AVERAGE ON THAT ON THE WEST SIDE WAS LIKE 822,000. AND THAT I THINK THE HIGH ONES WENT UP TO LIKE 1.1 MILLION. SO IT'S, IT'S THAT RANGE FOR THE AGE RESTRICTED. YES SIR. YES SIR. AND DON'T ASK ME TO OPINE ON THE EAST SIDE I DON'T KNOW. NO, NO I WAS, I WAS REALLY IT WAS 765 TO 1.1 AND THE WEIGHTED AVERAGE WAS 822. GREAT. BETWEEN ALL THREE PRODUCT LINES. YEAH. NO I APPRECIATE THAT. AND I THINK THIS IS A GREAT DEVELOPMENT. I DON'T WANT TO REPEAT EVERYTHING THAT'S BEEN SAID TONIGHT. I STILL THINK WE NEED TO STICK WITH THE STANDARDS WHEN IT COMES TO THE MATERIALS, ESPECIALLY AS WE GO INTO THOSE PRICE POINTS, WHICH IS PART OF THE REASON I ASKED.

OVERALL, I THINK YOU'VE COME A LONG WAY. THERE'S BEEN I LISTENED TO THE PNC SESSION PRETTY RECENTLY, AND I THINK YOU'VE COME A LONG WAY IN ADDRESSING A LOT OF THOSE CONCERNS. I REALLY WANT TO STRESS TO PROBABLY NEED TO STICK WITH THAT THAT STANDARD ON THE ON THE BUILDING MATERIALS AND ELIMINATE THAT ONE, THAT ONE PIECE. OKAY.

THAT'S ALL I HAVE. SO TO JUST FOR CLARIFICATION OF THE LIST THAT YOU WERE PRESENTED AND THAT COUNCILWOMAN OR DEPUTY MAYOR OR MAYOR PRO TEM BARTLEY REVIEWED, THE ONLY ITEM THAT YOU WERE IN DISAGREEMENT ON IS THE AMOUNT OF CEMENTITIOUS FIBERBOARD ON THE IN USE. IS THAT CORRECT? CORRECT. BECAUSE AS I UNDERSTOOD IT, SHE WAS STRIKING THE WHOLE PARAGRAPH, AND I'M NOT EXACTLY SURE WHAT THAT DOES TO THE REST OF IT. IT ALL KIND OF WORKS TOGETHER, TERRY. SO I MEAN, I'M NOT GOING TO SIT AND ARGUE ABOUT CEMENTITIOUS LEFT OR RIGHT, BUT THAT IT HAS TO DO WITH HOW THE EXISTING ORDINANCE WAS WRITTEN. OKAY. AND TRYING TO GET OUR HEAD AROUND WHAT IT WHAT IT NEEDED TO SAY. OKAY. AND OTHER OTHER THAN TO TO YOUR POINT, TO YOUR QUESTION, YES, WE ARE FINE WITH THE REST OF THE CHANGES. THAT ONE. I'M MORE CONCERNED ABOUT WHAT IT DOES ARCHITECTURALLY TO THE TO THE TO THE DEVELOPMENT AGREEMENT, WHICH I THINK IT'S OKAY. WHAT ARE YOU GOING TO OPINE OR I'M GOING TO I'M GOING TO ASK A QUESTION BEFORE YOU WEIGH OUT, DOES THIS SEEM LIKE SOMETHING THAT WE SHOULD SPEND SOME TIME TO MAKE SURE YOU HAVE TIME TO REVIEW IT OUTSIDE OF SITTING HERE AT THE DAIS? I THINK. YOU.

I THINK IF WE WANT TO STICK WITH OUR STANDARDS, IT'LL BE PRETTY EASY TO REMOVE THE CEMENTITIOUS FIBERBOARD REQUIREMENT THAT'S IN THE ORDINANCE. AND THAT WILL BE ATTACHED TO THE DEVELOPMENT AGREEMENT. SO I THINK IF THAT'S THE THE WILL OF COUNCIL, I DON'T THINK THAT WOULD BE TOUGH TO, TO, TO, TO TAKE CARE OF. I THINK WE START PARSING IT MORE.

THAT MIGHT REQUIRE A LITTLE WORK. ALL RIGHT THEN I UNDERSTAND I THINK I UNDERSTAND WHERE WE'RE GOING. SO OKAY JUST A COUPLE MORE FOLLOW UP THINGS HERE THEN. YOU MENTIONED THE

[00:50:04]

I DON'T THINK WE ARE, BUT IT SHOULD BE PRETTY STRAIGHTFORWARD. YEAH, THE PART THAT WAS BEING STRUCK WAS THE PART WHERE IT TALKED ABOUT IT BEING ON THE FRONT FACADE.

CORRECT. AND NOT NOT THE OTHER ANCILLARY USES OF THE HARDIE AROUND EAVES AND THINGS LIKE THAT. OKAY. AND AND THAT THAT WORKS. OKAY. YEAH. CORRECT. YEAH. JUST NOT ON. YEAH. SO WE'VE MOVED AWAY FROM WOOD PRODUCT OR WOOD ADJACENT PRODUCTS ON THE EDGES. IT JUST DOESN'T STAND THE TEST OF TIME. OKAY. SO AGAIN THEN I WANT TO MAKE SURE AGAIN EVERYTHING THAT YOU WERE PRESENTED, EVERYTHING THAT THE COUNCIL HAS BEFORE THEM, YOU HAVE AGREED TO. YES SIR. THIS EVENING. OKAY THEN I'LL, I'LL ASK THE MAYOR PRO TEM FOR A MOTION. MAKE A MOTION TO APPROVE ITEM NUMBER 15. WHAT'S THE NUMBER? SORRY, IT IS 15. 15. SUBJECT TO THE CHANGES WE DISCUSSED AND WHAT WAS SUBMITTED TO OUR TOWN ATTORNEY. OKAY, I HAVE A MOTION. SECOND.

SECOND BY CHRIS KERN. ALL IN FAVOR? ALL OPPOSED. MOTION PASSES 6 TO 1. THANK YOU. TO 16 AS WELL. SAME THING TO THE. YEAH. WE'LL MOVE. NO, THAT'S NOT WHAT I HAVE. I DO WANT TO FOLLOW UP WITH ALL THAT TO AGAIN YOU HEARD THE COUNCIL SAY SEVERAL TIMES THANK YOU FOR COMING BACK. I WANT TO MAKE SURE I ACKNOWLEDGE THE STAFF'S EFFORT IN GETTING US TO THIS POINT. SO THANK YOU TO EVERYBODY INVOLVED. I APPRECIATE IT, I APPRECIATE IT.

[16. Consider and act upon authorizing the Town Manager to execute Change Order No. 4 to Dean Construction, and Professional Services Agreement amendments for Dunaway Associates, LLC, and Peak Program Value, LLC, for Raymond Community Park, in the amount of $613,160. (DB) ]

SO ALL THOSE PEOPLE. TOLL BROTHERS PEOPLE.

THANK YOU. THANK YOU, MAYOR AND COUNCIL. THANK YOU. MICHELLE. YOU CERTAINLY DIDN'T WANT ME TO TRY TO GET THAT BACK ONLINE. SO COMING BACK, WE HAD PRESENTED THIS TO THE COUNCIL BACK ON SEPTEMBER 23RD, AND ONE OF THE STICKING POINTS WAS THAT IT HAD NOT GONE IN FRONT OF PARKS BOARD. WE HAD NOT HAD THE OPPORTUNITY TO DO THAT BEFORE WE CAME TO YOU. SO I WANTED TO LET YOU KNOW THAT WE DID TAKE IT TO PARKS BOARD ON OCTOBER 9TH, AND THEY DID APPROVE IT 5 TO 1. SO I'M BACK HERE NOW TO RUN BACK THROUGH THIS. PLEASE LET ME KNOW. I THINK JUST ABOUT EVERYBODY HAS SEEN THE PRESENTATION OR PIECES OF IT.

SO IF I'M GOING TO FAR IN DEPTH PLEASE LET ME KNOW. SO JUST JUST TO START OUT, GIVE YOU A LITTLE BACKGROUND, A LITTLE HISTORY ON THE PARK FUNDING HISTORY. YOU CAN SEE HERE MULTIPLE TIMES THAT WE'VE COME FORWARD WITH FUNDING ITEMS IN THE APPROVAL DATES AND ESSENTIALLY THE SCOPE FROM GETTING THE PARK OFF THE GOING WITH THE GMP ONE AND TWO TO CHANGE ORDERS ONE, TWO AND THREE. SOME OF THOSE WERE CHANGES IN SCOPE THAT WE WERE DIRECTED THROUGH THE CIP SUBCOMMITTEE. OTHERS WERE OPPORTUNITIES THAT STAFF HAD COME FORWARD WITH ON GRANTS AND DONATIONS. SO TODAY WE SIT AT A TOTAL FUNDING OF $21,726,473.

[00:55:08]

WHEN WE PRESENTED THAT TO THE CIP SUBCOMMITTEE, CIP SUBCOMMITTEE HAD COME FORWARD AND SAID, HEY, YOU'RE GOING TO HAVE AN ISSUE THERE, PROBABLY TRYING TO ESTABLISH SEED WHEN YOU'VE GOT THE FIELD ALREADY. SODDED COULD LEAD TO DELAYS IN GETTING THE PARK OPEN, GETTING THE KIDS ON THOSE FIELDS. SO THIS SLIDE, THIS IS POTENTIAL FUTURE FUNDING REQUEST WE WOULD COME TO YOU FOR. OBVIOUSLY, THE FIRST ONE WOULD BE THE WELL, IF IF TONIGHT GETS APPROVED AND WE'LL GET INTO THE THE NUTS AND BOLTS OF THIS CHANGE ORDER NEXT FUNDING SOURCES. SO WHAT YOU'VE SEEN BEFORE OBVIOUSLY WE'VE WE'VE ADDED TO THE AMOUNTS OF THIS PROJECT. I CAN TELL YOU THAT THAT 26,485,000 ARE FUNDS THAT ARE OR COULD BE AVAILABLE TO THIS PROJECT. WE'VE BEEN ABLE TO REALIZE SOME ADDITIONAL FUNDS THROUGH OTHER PROJECT SAVINGS, THROUGH BOND INTERESTS, ACCRUALS AND PARK FEES. SO WHAT THIS IS SHOWING YOU RIGHT NOW, POTENTIALLY WE COULD SPEND 26,000,045 ON THIS PROJECT. CURRENTLY, THERE'S BEEN ALMOST 24 MILLION SPENT. NOW THAT'S A LITTLE BIT MORE THAN YOU SAW IN THE LAST SLIDE BECAUSE THIS INCLUDES THE SOFT COST. THIS IS ALSO THE DESIGN WORK THAT'S BEEN PUT INTO THIS PROJECT. SO THAT WOULD LEAVE OR SO WE'RE AT RIGHT NOW ABOUT 2.5 MILLION TO THE GOOD. IF THAT GETS APPROVED TO TO START WHITTLING AWAY FROM STARTING WITH CHANGE ORDER NUMBER FOUR. IF YOU GUYS WANT TO GO THAT ROUTE. WHAT THAT MEANS IS THERE'S ABOUT HALF A MILLION IN THERE FOR DEAN CONSTRUCTION, AND THEN A LITTLE OVER $100,000 FOR SOME ADDITIONAL PROFESSIONAL FEES. IF THAT GETS APPROVED TONIGHT.

THAT LEAVES US JUST SHY OF $1.9 MILLION. THAT COULD GO TO THE FUTURE. WELL, IF WE WANT TO GO THAT ROUTE. SO FIRST ITEM FOR THE CHANGE ORDER. THIS IS THE SIDING WE TALKED ABOUT. SO WE'RE LOOKING AT ABOUT ADDITIONAL $353,000 TO SOD THE AREAS. AND I'LL GO FORWARD ONE.

SO FROM THIS PICTURE THAT ESSENTIALLY THE DARK RECTANGLES ARE THE PLAYING FIELDS AND THAT'S THAT SIDE'S ALREADY BEEN APPROVED. SO WE ALREADY ARE INTENDING TO SOD THOSE AREAS.

THE LIGHT GREEN AREAS IN BETWEEN THE FIELDS. RIGHT NOW. THE INTENT IS TO GO IN WITH SEED. OKAY. NOW WE'RE AT A SITUATION WHERE WHERE WE ARE AT THE TIME OF YEAR WITH THIS PROJECT, WE WOULD HAVE TO GO IN WITH A RYE SEED BECAUSE IT'S A WINTER GRASS. IT'S TOO LATE IN THE YEAR REALLY, TO ESTABLISH A GOOD STAND OF BERMUDA TURF. SO IF WE PROCEED WITH THE SEED, THAT MEANS WE NEED TO COME BACK IN THE SPRING. SOD SHOULD BE GETTING ESTABLISHED AT THAT POINT, BUT WE'D HAVE TO COME IN AND COME BACK IN WITH BERMUDA SEED. THAT'S A SUMMER SUMMER GRASS. IT'LL ONCE IT ESTABLISHES, IT'LL HOLD THE SOIL IN PLACE. AND THEN IT REALLY DOES OKAY THROUGH THE WINTER, TOO. IT JUST GOES DORMANT. SO THE OTHER PART OF THE DECONSTRUCTION WOULD BE THE INFRASTRUCTURE NEEDED TO CONNECT THE FUTURE WELL TO THE EXISTING IRRIGATION SYSTEM. THE REASON WE'RE ASKING TO DO THIS IN AT THIS POINT IS WE DON'T WANT TO COME IN, GET ALL THE GRASS ESTABLISHED, PUT IN, WHETHER IT'S SEED OR SOD, AND THEN TEAR IT ALL OUT TO COME IN AND THROW IRRIGATION PIPE AND INFRASTRUCTURE ON THE GROUND.

WE'D BE DOING WORK TWICE. DOESN'T MAKE SENSE. SO THE ADDITIONAL ALMOST 82,000 WOULD GO TOWARDS FOR THAT. AND THEN THERE'S ALMOST $70,000 FOR AN OWNER'S CONTINGENCY. SO OBVIOUSLY THAT'S THERE AS AN INSURANCE POLICY FOR US. SO THE PARK PEAK PROGRAM VALUE OF GOT SCOTT BROWN IS A REPRESENTATIVE FOR THEM HERE TONIGHT. IF YOU HAVE ANY QUESTIONS WE WOULD BECAUSE THE THE THE THE PROJECT'S GOING LONGER. WE'D LIKE TO EXTEND THEIR PROFESSIONAL SERVICES CONTRACT. RIGHT NOW WE'RE TRACKING FOR SUBSTANTIAL COMPLETION AND A FINAL COMPLETION IN DECEMBER. WE'D LIKE TO KEEP THEM ON CONTRACT THROUGH THAT TIME AND THEN HOLD THEM THROUGH JANUARY TO DO THE CLOSEOUT. THAT'S WHERE THAT'S REALLY THE HARD PART. THAT'S WHEN EVERYTHING'S DONE. WE'VE GOT TO GET EVERYTHING PUT TOGETHER, MAKE SURE EVERYTHING'S BEEN PAID OR ALL EVERYTHING THAT WE'RE PAYING FOR HAS ACTUALLY ARRIVED AND BEEN USED IN THAT PROJECT. SO A LOT OF WORK TO GO FOR THAT. AND THERE ARE ALSO, IF WE WANT

[01:00:03]

DECEMBER 5TH. FINAL COMPLETION DECEMBER 30TH. THAT IS NOT THE WELL, WE'LL GET TO THAT. WELL PROJECT TIMELINE ONCE YOU GIVE US THE THUMBS UP. YOU WANT US TO MOVE FORWARD ON THAT. WE'VE GOT TO GET DESIGN AND THE THE BID DOCUMENTS READY. WE CAN KNOCK THAT OUT PROBABLY LATE OCTOBER, EARLY NOVEMBER. WE SHOULD BE ABLE TO RECEIVE ALL THE PROPOSALS FROM OUR CANDIDATES BEFORE THE END OF NOVEMBER. AND THEN IF NEEDED, WE CAN BRING THOSE CANDIDATES IN FOR IT WOULD BE A BEST VALUE BID. WE CAN BRING THEM IN FOR INTERVIEWS IF WE NEED TO DO THAT, AND THEN HOPEFULLY GET THE BID AWARDED AND NOTICE TO PROCEED IN JANUARY. NOW, JUST LIKE ALL THESE ITEMS, THERE'S A LEAD TIME ON THE PUMPS. THERE'S THREE PUMPS. IT'S A THREE MONTH LEAD TIME RIGHT NOW. BEST CASE MEANING THEY WON'T HAVE THOSE IN HAND UNTIL APRIL.

CONSTRUCTION WOULD TAKE ABOUT 4 TO 6 WEEKS TO GET THOSE IN THE GROUND AND GET THE SYSTEM INSTALLED. DRILL THE WELL. SO WE'RE FINISHING UP AROUND JUNE. JULY SHOULD HAVE WATER FROM THE WELL SOURCE IN THE SUMMER, JUST IN TIME FOR THE SUMMER HEAT. AND THAT'S IT. ANY QUESTIONS? ANYTHING I CAN ANSWER FOR YOU? OKAY, SO I HAVE A COUPLE OF QUESTIONS. IF DEAN CONSTRUCTION.

SO WE'RE DOING A CHANGE ORDER, WHICH MEANS DEAN WOULD BE STILL IN CHARGE OF THE, WELL IMPLEMENTATION. YES. HOW WOULD WE HAVE FINAL COMPLETION IF THE PROJECT IS STILL INCOMPLETE? SO THE PARK WOULD BE READY BECAUSE WE HAVE AN ADDITIONAL WATER SOURCE, THE MUNICIPAL WATER SOURCE. RIGHT. SO THE PARK WOULD BE SUBSTANTIALLY COMPLETE AT THAT POINT. THEY WOULD STILL BE ON SITE. WE WOULD ESSENTIALLY KEEP THEM ON. AND THE REASON FOR AND WE'VE DISCUSSED THIS IN THE CIP COMMITTEE, I THINK WE'VE HAD THAT DISCUSSION IN THIS MEETING, TOO. THE REASON BEING YOU WANT TO REALLY WANT TO KEEP THEM ON WHEN YOU YOU WANT THEIR.

CONTRACTORS DOING THAT TIE IN, YOU DON'T WANT TO COME IN AND BRING IN A DIFFERENT GROUP TO COME IN AND TIE INTO THE EXISTING IRRIGATION SYSTEM, BECAUSE IF SOMETHING HAPPENS, WE LOSE OUR WARRANTIES ON THOSE ITEMS. AND SO IT MAKES SENSE. I KNOW THERE'S A FEE TO KEEP BEING ON THERE, BUT IT'S AN INSURANCE POLICY AND IT MAKES A LOT OF SENSE. AND THEN THE OTHER QUESTION I HAVE IS I DON'T RECALL US DISCUSSING IN CIP THE WELL, TAKING THIS LONG.

I THOUGHT IT WAS A MORE WE DISCUSSED CONSTRUCTION TIME BUT NOT LEAD TIMES. OH YEAH.

BECAUSE SEEING IT TO BE COMPLETED IN THE SUMMER WAS NOT MY EXPECTATION. I BELIEVE WHEN WE TALKED ABOUT IT, WE WERE STILL TALKING, PROBABLY A SPRING. WE WERE SAYING EARLY SPRING, FEBRUARY, MARCH ISH. AND I REMEMBER US SPECIFICALLY SAYING THAT BECAUSE OUR HOPE WAS THE MONEY WE BUDGETED IN THE CAPITAL CAPITAL, DEDICATED FUNDS TO ESTABLISH THE SOD.

THEN WE ALSO IN THE BUDGET HAD 350,000 ISH. CORRECT ME IF I'M WRONG, CHUCK, FOR CONTINUING WATERING THROUGH MUNICIPAL WATER IN OUR DISCUSSIONS IN CIP WAS WE LIKELY WOULDN'T NEED TO USE THOSE FUNDS BECAUSE THE WELL WOULD BE IN PLACE IN TIME. WITH THIS TIMELINE. THAT DOESN'T SEEM TO BE THE CASE. YEAH, I DON'T I DON'T REMEMBER EVER SAYING WE WOULDN'T HAVE TO USE ANY OF THE FUNDS NOW. YES. THIS IS THIS IS PUSHING BACK. BUT WE'VE WE KEEP YOU KNOW, WE HAD A TABLE THIS PROJECT A COUPLE OF WEEKS. EVERY TIME WE STEP AWAY, WE'RE PUSHING THE

[01:05:01]

CAMERON AND JEFF CAN WEIGH IN AS WELL. WELL, I UNDERSTAND LEAD TIMES. I GUESS A QUESTION WOULD BE CAN WE CAN WE ORDER THEM AHEAD OF TIME BEFORE THEY'RE NEEDED? I MEAN, IF WE'RE NEEDING THEM IN APRIL. SO WE'VE GOT TO GO THROUGH THE BID PROCESS. SO AS SOON AS WE GET THE OKAY TO GO, WE WILL START THAT, START THAT PROCESS AND WE'LL PUSH AS HARD AND AS FAST AS WE CAN GO. SO THERE MAY BE SOME TIME WE CAN CUT OFF OF PROPOSALS AND WHETHER WE HAVE TO DO THE INTERVIEWS. SO THE SOONER WE CAN GIVE NOTICE TO PROCEED, THE SOONER WE CAN GET THOSE. THE PUMPS WOULD HAVE TO BE ORDERED THROUGH WHOEVER WE HIRE TO DO THIS PROJECT. THEY CAN'T LET ME DO. WE HAVE A STANDARD? I KNOW WE'VE DONE THIS IN THE PAST, AS YOU KNOW, FOR SIGNALS THAT WE ORDER THE EQUIPMENT FOR THE SIGNALS PRIOR TO AWARDING THE BID. SO I WOULD WE MAY LOOK AT DOING THAT SO WE WE CAN IF COUNCIL IS WILLING TO TAKE THAT RISK. SO I JUST I KNOW SOMETIMES WE ESPECIALLY WITH TRAFFIC LIGHTS WE HAVE GONE TO ORDERING THOSE AHEAD OF TIME JUST SO THAT WE HAVE THEM AND DON'T HAVE TO WAIT FOR, WAIT FOR THEM TO COME IN SO WE CAN GET THEM SO WE CAN SEE IF THAT'S AN OPTION THAT WOULD THAT WOULD BE IDEAL, I THINK, JUST BECAUSE. YOU KNOW, I MEAN, YEAH, THREE MONTHS IS IS THREE MONTHS AND. PAINTING IT JUST YEAH I MEAN TO GET IT IN THE SPRING INSTEAD OF THE SUMMER I THINK WOULD BE A LOT BETTER. WE COULD SEE WHAT WE CAN DO ON THAT. YEAH. I MEAN, I UNDERSTAND, YOU KNOW, WE KIND OF ARE WHERE WE ARE AND WE HAVE TO CONTINUE TO, TO GO THROUGH THIS TO STOP, I GUESS WOULD ISN'T REALLY A A GOOD ANSWER, RIGHT. DEFINITELY DON'T WANT TO GO BACKWARDS. SO. YEAH. WELL I MEAN. THIS THIS IS THE BEST CASE SCENARIO THAT WE CAN, YOU KNOW, CAN DO THEN THEN I THINK WE SHOULD CONTINUE. I DON'T WANT TO LEAVE IT AS A, AS JUST SITTING THERE, YOU KNOW, WHILE WE DECIDE WHAT TO DO WITH IT. MY FIRST COMMENT IS I APPRECIATE YOU BREAKING BREAKING THINGS OUT LIKE YOU DID TONIGHT. IT WAS A LOT MORE UNDERSTANDABLE ON HOW YOU BROKE IT, BROKE IT DOWN FOR US THIS TIME. YOU KNOW, I THINK THE WELL IS DEFINITELY NEEDED. AND SO MY RECOMMENDATION FOR EVERYBODY IS, IS THAT THAT WE WE GET GET GOING ON THIS. I THINK THAT IT'S, IT'S SOMETHING THAT, THAT WE'VE GOTTA GOTTA DO FOR SURE. OKAY. OKAY. MARCUS.

OKAY. I'M SORRY TO BE THE THE BLACK HAT HERE TONIGHT, BUT WE'VE BEEN TALKING ABOUT THIS WELL, SINCE SIX MONTHS. NINE MONTHS. RIGHT? ALMOST A YEAR. WE STILL HAVE A TO BE DETERMINED APPROVAL DATE ON A FUTURE ISSUANCE OF A. WELL, RIGHT. IF WE KNOW WE'RE GOING TO DO THE WELL AND WE KNOW WE'RE GOING TO DO THE SOD, AND WE KEEP ON KICKING THIS DOWN THE ROAD, WE ARE COMPOUNDING OUR COSTS TO MULTIPLE ENTITIES WHERE WE COULD HAVE SAVED THAT.

AND THIS IS THIS IS A FRUSTRATION FOR ME THAT IF WE'VE MADE THIS DECISION SIX MONTHS AGO, NINE MONTHS AGO, IT SHOULD HAVE GONE TO PARKS FOR THEIR REVIEW. IT SHOULD HAVE COME A RECOMMENDATION TO THIS COUNCIL NINE MONTHS AGO. AND THIS IT'S A FRUSTRATION FOR ME.

WE'RE GOING TO SPEND $600,000. WE'RE GOING TO SPEND ANOTHER $2 MILLION ON A WELL THAT WE KNEW THEY WERE GOING TO DO NINE MONTHS AGO. AND SO I JUST WANT TO BE CLEAR THAT I WOULD MUCH RATHER WE MAKE A DECISION AND EXECUTE ON IT AND, AND UNDERSTAND THAT WE'RE GOING TO HAVE TO FIND THOSE FUNDS, ALLOCATE THEM. IF CIP IS DEDICATED THOSE FUNDS, LET'S ALLOCATE THEM. BECAUSE WHAT'S GOING TO COST US IS THE CARRYING COST OF KEEPING, DOING CONSTRUCTION, THE CARRYING COSTS AND LEAD TIME THAT WE COULD HAVE HAD SIX MONTHS AGO ALREADY HERE. AND THERE'S AN INTEREST ON ALL OF THIS. THIS PARK SHOULD HAVE BEEN READY TO GO. AND IF CIP IDENTIFIED THE FUNDS, I JUST WANT TO MAKE SURE I'M, YOU KNOW, I'M JUST EXPRESSING MY FRUSTRATION WITH WHERE WE ARE RIGHT NOW. THE FACT THAT WE DON'T EVEN HAVE A DATE ON HERE FOR APPROVAL, DATE OF SOMETHING WE KNOW WE'RE GOING TO SPEND, IT'S GOING TO KICK IT OUT. THE TIMING TO PUT GRASS IN IS NOT THE RIGHT TIME RIGHT NOW, RIGHT. SO WE'RE GOING TO HAVE AN INTERIM WHERE WE'RE GOING TO BE SPENDING WATER. AND IT'S NOT EVEN A FOUR YEAR RETURN UNTIL YOU PAY FOR THE WELL, WE HAVE FOUR YEARS OF POTENTIAL OF WHAT WE WOULD HAVE

[01:10:01]

BECAUSE EVERY MEETING WE HAVE IS GOING TO COST US EXPONENTIALLY MORE ON INTEREST AND ON TIME. AND IT'S NOT FAIR TO OUR CITIZENS. THIS PARK STARTED OUT AS A $20 MILLION PROJECT. WE'RE ALMOST $28 MILLION. $27 MILLION, RIGHT? YES. SO MY RECOMMENDATION IS LET'S GET GOING. I'M. AND I'LL JUST PARK IT THERE. THANK YOU. ALL RIGHT. SO YEAH, ECHO MY SAME COMMENTS AS THE LAST TIME AND ECHO EVERYBODY ELSE'S HERE. THIS THIS IS NOT THE STANDARD THAT WE EXPECTED AND WE'RE GOING TO MOVE FORWARD WITH. SO TELL ME JUST REAL SINCE WE'RE GOING TO CLOSE, THE CONSTRUCTION WILL BE COMPLETED AT THE END OF DECEMBER. AND YET THIS WE'RE GOING TO KEEP DEAN CONSTRUCTION AROUND TILL JULY. WHAT ARE THEY DOING DURING THAT PERIOD? WE WE CAN FIGURE THAT OUT. SO WHAT. YEAH. WHAT ARE WE. SO WE'RE PAYING THEM AS YOU SAID IT WAS AN INSURANCE POLICY, BUT. RIGHT. I DON'T BELIEVE SO. DEAN'S GETTING PAID ESSENTIALLY PERCENTAGE ON THE WORK BEING DONE. SO THE TIME IS NOT WANING. ON DEAN. THE TIME IS MORE WITH THE CONSULTANT WITH WITH PEAK PROGRAM VALUE. BUT IF WE KEEP THEM, WE'RE PAYING HIM A MONTHLY FEE. WE'RE PAYING THEM A MONTHLY FEE TO FOR THE PROCUREMENT SERVICES. SO THAT'S REALLY WHERE WE'RE LOOKING AT. BUT RIGHT NOW WITH WITH THAT, I THINK WE'RE WE'VE HANDLED THAT ON HERE TOO. SO WE WOULD PAY THEM THROUGH JANUARY TO GET EVERYTHING CLOSED OUT. AND THEN ESSENTIALLY SO SO SCOTT BROWN, SENIOR PROGRAM MANAGER WITH PEAK PROGRAM VALUE. SO JUST TO BE CLEAR, DEAN IS UNDER CONTRACT THROUGH THE COMPLETION OF THIS PROJECT, WHICH IS DECEMBER, AND THEN FINAL COMPLETION AT THE END OF THE YEAR. WHAT WE'RE PROPOSING IS A PROCUREMENT PROCESS TO GO OUT TO ANOTHER CONTRACTOR. IT MAY BE DEEMED, BUT IT'S LIKELY GOING TO, YOU KNOW, IT'S INTENDED TO BE A STANDALONE PROJECT. I THINK THAT'S WHAT YOU ALL SAID. WE WANT TO MAKE SURE THAT WE'RE COMPETITIVELY BIDDING THIS OUT. SO THAT'S THE INTENT. SO WHATEVER THAT GAP IS, DEAN WOULD BE DONE AND THEN THEY WOULD RESTART BASED ON A NEW CONTRACT. IF THEY GET THE BID THOUGH, CORRECT, IF THEY WERE ABLE TO GET THE BID BECAUSE THAT'S THAT'S THE THING I'M CONFUSED ABOUT. IF WE'RE GOING TO CLOSE THE THAT'S WHY I ASKED THE QUESTION ABOUT SUBSTANTIAL COMPLETION. IF WE'RE GOING TO CLOSE IT OUT WITH DEAN IN DECEMBER OR JANUARY, AND THEN IT'S OPEN ENDED TO BID OUT THE WELL. BUT YET WE'RE SORT OF HURTING OURSELVES BY LETTING SOMEONE THAT'S WHAT THE STAFF HAS SAID, IS THAT IF DEAN DOESN'T DO THE WELL, WE VOID WARRANTIES ON THE IRRIGATION IF SOMEBODY ELSE DOES IT. SO THAT DOESN'T MAKE SENSE TO ME THAT WE WOULD GO OUT TO BID AND POTENTIALLY PICK ANOTHER CONTRACTOR. SO LET ME CLOSE. SO WHAT WE TALKED WITH AND SCOTT, I DON'T THINK YOU WERE THERE AT THE TIME WE RETAINED DEAN. DEAN IS STILL THE SAME FOR THE THE WELL. SO WE'RE DOING THE BID PROCESS WITH DEAN IN PLACE ON THE SUBS. YES OKAY. NOW IT'S IT'S COMPETITIVE BID FOR THE FOR THE FOR THE. WELL I UNDERSTAND RIGHT. SO BUT WE STILL WOULD USE THE EXISTING IRRIGATION COMPANY TO COME IN, DO ALL THE TIE INS SO THAT WE'RE NOT GOING TO AVOID THOSE WARRANTIES. OKAY. ALL RIGHT. WE'RE GOING TO MOVE THIS ALONG. SO WHEN THIS BID DOES GO OUT IT WILL NOT BE WORK PERFORMED BY CONTRACTOR EITHER. RIGHT. BECAUSE LIKE WE HAVE IN SOME OF THIS STUFF NOW THE CMAA IS ALSO PERFORMING THE WORK PERFORMED BY CONTRACTOR AND PAID FOR IT. HE HE HE SELF PERFORMED SOME WORK. I DON'T THINK HE'S A WELL COMPANY. I DON'T BELIEVE THAT'S WHAT HE WOULD BE DOING. OKAY, OKAY, GOOD. ALL RIGHT. LET'S MOVE THIS ON. THIS. IS THERE ANYBODY LIKE TO MAKE A MOTION? CLAMOR, PLEASE, MR. MAYOR, I THINK.

MAYOR, JUST JUST. JUST TO BE CLEAR, IT'S A GOOD ECHO. JUST JUST TO BE CLEAR. SO, YOU KNOW, IF YOU ALL APPROVE THIS CHANGE ORDER, WE ARE STILL WORKING TOWARDS SUBSTANTIAL COMPLETION BY THE END OF THE YEAR, EXCLUDING THE. WELL. RIGHT. JUST TO BE CLEAR ON THAT. AND AND AGAIN, EVERYTHING THAT I'M HEARING IS WE NEED TO MOVE FORWARD WITH, WITH THE WELL AND BRING YOU ALL THE PRICING AT A FUTURE DATE SO THAT YOU CAN THEN THEORETICALLY APPROVE THAT CHANGE ORDER NUMBER FIVE, TO AWARD THAT TO WHOMEVER THAT NEEDS TO BE FOR FOR THAT WORK.

[01:15:02]

[17. Receive an update on the safety concerns and enforcement efforts regarding E Motorcycles and E-Bikes. (DK) ]

FOR THE MOST PART, ANY BICYCLES ON OUR PARKS. MANY PARENTS AND YOUNG OPERATORS ARE UNAWARE OF WHAT THE STATE LAW REQUIREMENTS ARE FOR MOTORCYCLES AND ALSO FOR E-BIKES, RESULTING IN A LOT OF HAZARDOUS CONDITIONS BEING OUT THERE. THEREFORE, I'M SORRY TO INTERRUPT JUST FOR THE FOR EVERYONE'S PUBLIC KNOWLEDGE AND ALL THAT, COULD YOU DIFFERENTIATE THE DIFFERENCE BETWEEN E-BIKE AND MOTORCYCLE? YES, SIR. I'M ABOUT TO GET INTO THAT. THANK YOU. AND I DIDN'T PAY HIM A DIME. AND HE HE'S NOT A SHILL IN THE AUDIENCE. I WAS GETTING RIGHT INTO THAT. THE PROSPER POLICE DEPARTMENT HAS LAUNCHED A COORDINATED EDUCATION AND ENFORCEMENT EFFORT INITIATIVE WITH OUR MEDIA DEPARTMENT TO ADDRESS THESE DANGEROUS, DESTRUCTIVE, AND ILLEGAL OPERATIONS OF THESE VEHICLES. BUT AS THEY SAY, A PICTURE'S WORTH A THOUSAND WORDS. AND IF I HAVE TO STOP THIS, WE'VE TRIED TO MUTE SOME OF THE OR ALL OF THE AUDIO THAT GOES WITH THIS, BECAUSE THERE'S SOME REAL SALTY LANGUAGE BEING USED BY ONE OF THESE JUVENILES.

SO WHILE THE YOU ALL PROBABLY GOT TO HEAR IT, WE, WE TRIED TO KEEP IT OUT FOR THE PUBLIC.

THIS FIRST VIDEO WAS TAKEN RECENTLY BY ONE OF OUR PROMINENT CITIZENS. AND IT'S UP THERE ON PROSPER TRAIL NEAR GENERAL CREEK GOLF COURSE. LET'S SEE. I JUST LOST IT.

THERE IT IS. AND IT'S NOT PLAYING. AND. AND ANY IDEA I T I T. MAGIC TOUCH. THAT'S AT2E

[01:20:09]

THERE WE GO. THERE'S A WHEELIE RIGHT IN FRONT OF THE STORE. IT'S A EARLY EVENING. THAT PLACE IS PRETTY CROWDED. YOU SEE. HE'S GONE PAST THE STORE, DOWN THE OTHER ONES. HE'S GOING TO PULL A U-TURN AND GO BACK. THE REASON HE'S GOING TO GO BACK IS HE'S TAUNTING THE POLICE CARS THAT ARE IN THE PARKING LOT THERE, TRYING TO STOP HIM AND TALK TO HIM. AND YOU CAN SEE HIS SPEED DOWN HERE A LITTLE BIT. HE'S GOING TO COME FLYING BACK. AND THEN HE DOES SOMETHING REALLY INTERESTING. HE STARTS CUTTING BETWEEN THE PARKED CARS AND HE'S GOING ABOUT 20, 30 MILES AN HOUR WHEN HE'S DOING THAT. IF SOMEONE OPENED ONE OF THEIR CAR DOORS RIGHT THERE AND AND THE POLICE CARS ARE IN THE PARKING LOT, THEY WANT TO TALK TO HIM. HE'S MAKING VARIOUS HAND GESTURES TO THEM, AS YOU CAN SEE. I'M SURE HE'S TELLING THEM THEY'RE NUMBER ONE AND WAVING, AND HE JUST DIDN'T GET ALL HIS FINGERS UP. THERE'S ANOTHER A WHEELIE. AND I JUST NOW HE'S NOW HE'S DIALING HIS PHONE. AND THERE'S PEDESTRIANS, WHAT HAVE YOU I WON'T PLAY THE WHOLE THING, BUT I DO WANT TO GET TO THE PART WHERE YOU SEE THERE'S A SQUAD CAR THAT COMES INTO THE LINE. HE'S GOING BACK. HE'S JUST GOING BACK AND FORTH ON THE LINE. AND LIKE I SAID, WE GOT CALLS ON IT. AND. PRETTY SOON, YEAH, NOT VERY NICE YOUNG MAN. VERY NICE YOUNG JUVENILE. AND BETWEEN THE CARS AGAIN. AND SEE HE'S LOOPED BACK AROUND.

THAT'S A SQUAD CAR IN FRONT OF HIM NOW. AND HE'S GOING TO GO BACK TO WHEELIES BEHIND THE SQUAD CAR. AND THAT WAS THE PART I REALLY WANTED YOU TO SEE. HE HE DOES THIS FOR A WHILE LONGER. AND THEN HE LOOPS AROUND WHEN ANOTHER SQUAD CAR AND GOES AROUND THE BACK OF THE STORE. NOW WHEN HE GETS TO THE BACK OF THE STORE, HE GETS OUT THERE AND PROSPER TRAIL AND YOU WILL SEE. HE COMES OUT OF THAT'S PROSPER TRAIL. THAT'S A SIDEWALK. AND HERE'S WHAT HE'S VERY NICE TO LET US SEE. HE'S PHENOMENAL. YOU CAN SEE HE REACHES 60 MILES AN HOUR ON A SIDEWALK. THIS IS THIS IS SOME PRETTY BLATANT STUFF THAT'S GOING ON OUT THERE. AND I'M GOING TO LET THIS RIDE FOR A MINUTE, BECAUSE ALL OF A SUDDEN, THERE'S NOW A POLICE CAR THAT'S COMING TO HELP THE OTHER ONES. HE'S TURNED ON THE RED LIGHTS. YOU PROBABLY GOT A GLIMPSE OF HIM NOW. HE'S PULLING A U-TURN, GOING BACK AND RIDING OVER EVERYTHING TO GET AWAY FROM THAT POLICE CAR. AND THAT'S. AND NOW HE'S IN THE NEIGHBORHOOD, GOING 60 MILES AN HOUR, GETTING OFF IN THAT NEIGHBORHOOD, TRYING TO GET AWAY FROM THE SQUAD CARS. SO THAT GIVES YOU A GENERAL IDEA. SO YOU'RE PROBABLY WONDERING, HOW DO WE GET THIS VIDEO? WE NEVER DID CATCH HIM THAT NIGHT, BUT HE WAS KIND ENOUGH TO POST THAT ON HIS FACEBOOK PAGE. AND WITH SOME INVESTIGATION, US AND THE SALINA POLICE DEPARTMENT FOUND OUT WHO THIS INDIVIDUAL WAS. HE FILED CHARGES ON HIM. WE'VE CONFISCATED THE MOTORCYCLE AND HIS PARENTS WERE UPSET WITH US, SO. BUT, YOU KNOW, THAT'S A ONE OFF, CHIEF. YOU KNOW THAT THAT KIND OF STUFF HAPPENS, RIGHT? IT'S ONLY ONE GUY. NOT EVERYBODY'S DOING THAT. AND WE START THAT ONE AGAIN BECAUSE IT HAS ONE LITTLE GLITCH IN IT. AND OF COURSE COMING OUT ONE, TWO, THREE E MOTORCYCLES WITH SQUAD CAR TRYING TO STOP HIM. THAT'S OVER ON TEAL PARKWAY OVER BY FIRST STREET. AND THEY WON'T STOP. SO LIKE I SAID THE PICTURE IS WORTH A THOUSAND WORDS. YOU CAN SEE THERE'S A LOT OF DIFFICULTY WITH US TRYING TO EVEN ENFORCE THE ORDINANCE AS WE CURRENTLY HAVE IT. AND NOW WE GOT TO GET OUT OF THAT AND THAT AND NEXT LEGAL FRAMEWORK, SOME SUMMARY

[01:25:02]

CLASS THREE IS GOES UP TO 28 MILES AN HOUR. IT'S PEDAL ASSISTED AND YOU HAVE TO BE 15 YEARS TO GET A GET ONE THAT GOES 28 MILES AN HOUR. THERE'S NO LICENSE, NO REGISTRATION OR INSURANCE REQUIRED BECAUSE IT'S GOVERNED BY THE SAME LAWS AS BICYCLES. THE WAY THE STATE SET IT UP, AS WE HAVE TO TREAT E-BIKES, E-BIKES THE SAME WAY AS WE TREAT REGULAR BICYCLES.

SO HEY, CHIEF, ON THE PREVIOUS SLIDE, CHIEF, THE PREVIOUS SLIDE WHERE YOU SAID THE PARENTS HAVE LIABILITY AS WELL. WHAT IS THAT LIABILITY? ALLOWING AN UNLICENSED DRIVER TO OPERATE A MOTOR VEHICLE. THEY CAN RECEIVE A CITATION. ALSO IT'S A CLASS C MISDEMEANOR AND THEY CAN BE FINED OKAY. YEAH. SO SO CHIEF, BEFORE YOU MOVE ON, I HAD A QUESTION BECAUSE YOU WERE SAYING ABOUT THE WAY STATE CLASSIFIED THIS AND GIVES IT GIVES THESE RIDERS SIMILAR PROTECTION AS A BICYCLIST. RIGHT? RIGHT. THAT'S THE CURRENT STATE LAW. I THINK THAT'S GOING TO CHANGE IN THE NEXT SESSION, BECAUSE SO MANY MUNICIPALITIES ARE HAVING A PROBLEM. MY FEAR IS, IS, IS WE HAVE JUST OUR REGULAR CITIZENS THAT ARE DRIVING LEGALLY DRIVING VEHICLES. THEY HIT ONE OF THESE BICYCLES NOW OR THESE E-BIKES, AND NOW THEY'RE IN HUGE TROUBLE THEMSELVES BECAUSE IT SEEMS LIKE THE LAW ALWAYS KIND OF PROTECTS THOSE ON ON THE MORE VULNERABLE MODE. THE COUNCIL HAS PASSED A COUPLE OF ORDINANCES AND I'LL GET INTO THAT. OKAY. THE IT'S WE'VE HAD A FEW ACCIDENTS INVOLVING BICYCLES AND IT'S IF THEY'RE VIOLATING THE LAW BECAUSE WE'VE REQUIRED THEM TO BE IN THE STREET. IF THE BICYCLIST IS VIOLATING THE LAW, THE BICYCLIST GETS CHARGED WITH THE ACCIDENT. SO AND OF COURSE, UNDER THIS AND THIS IS PART OF THE YOU SEE THE GRAPHICS THAT THAT PRIOR ONE AND THIS ONE IS PART OF OUR PUBLIC EDUCATION CAMPAIGN. MEDIA DEPARTMENT HAS PUT IT OUT AND WE HAVE SHARED IT WITH THIS IN OUR LOCAL TRAINING BULLETIN WITH THE SCHOOL DISTRICT POLICE DEPARTMENT. AND WE'VE BEEN ASKING FOR THEIR ASSISTANCE. I'LL GO INTO THAT A LITTLE BIT, A LITTLE BIT MORE AS WE GO ALONG. THEY'RE SUBJECT TO LOCAL ORDINANCES. THAT'S JUST THE DIFFERENT TYPES OF VEHICLES THAT ARE OUT THERE. ONE ON THE FAR LEFT IS AN E-BIKE. THAT'S WHAT THEY LOOK LIKE. ONE ON THE FAR RIGHT IS AN E MOTORCYCLE, AND THOSE ARE THE TWO WE'RE DEALING WITH. THE MOTORCYCLES ARE CAUSING US THE MOST PROBLEMS. LEGAL FRAMEWORK.

AGAIN, SUMMARY OF THE APPLICABLE TOWN ORDINANCES. SO I WANTED TO REVISIT VERY QUICKLY. I KNOW YOU ALL KNOW THIS. A LOT OF THE MEMBERS OF THE GENERAL PUBLIC, DON'T YOU SEE THE PICTURE OVER ON THE RIGHT? THAT IS DAMAGE THAT WAS CALLED CAUSED UP AT FRONTIER PARK TO THE TURF BY SEVERAL MOTORCYCLES. WE ADOPTED AN ORDINANCE ORDINANCE IN THE TOWN ON APRIL 8TH, 2025. E-BIKES WERE CLASSIFIED AS MOTOR VEHICLES AND SAYS NO PERSON SHALL OPERATE A MOTOR VEHICLE OFF THE PAVEMENT OR MAIN TRAVELED PORTION OF THE ROADWAY OR DESIGNATED TO A PERMITTED PARKING AREA ONTO ANY PRIVATE OR PUBLIC PROPERTY WITHOUT THE EFFECTIVE CONSENT OF THE OWNER. IN OTHER WORDS, THEY HAVE TO BE ON THE ROAD FOLLOWING THE RULES OF THE ROAD, WHICH WAS WAS YOUR QUESTION. WE THOUGHT THAT THERE MIGHT BE A LITTLE GAP IN THE PARKS WHERE A LOT OF THE DAMAGE WAS OCCURRING, AND SO CAME BACK AND PASSED. ADOPTED ON JULY

[01:30:07]

THIS IS WHAT HAPPENED IN LAKEWOOD PARK FOR THE FOLKS THAT DON'T KNOW, RIGHT AFTER THE PARK WAS BUILT, ALL THIS DAMAGE WAS DONE AND HAD TO BE REPAIRED AND REPLACED. IT WAS REALLY A WASTE OF TAXPAYERS MONEY WHEN ALL THIS OCCURRED ON THE BRAND NEW PARK. PRIOR TO THAT, THERE WAS, AS YOU ALL RECALL, THE DAMAGE THAT WAS DONE TO THE DREAM COURT AND THE RIGHT AFTER THAT WAS PUT IN, AND THAT WAS TENS OF THOUSANDS OF DOLLARS WORTH OF DAMAGE THAT HAD TO BE REPLACED, TOO. SO THAT'S WHY WE STARTED LIMITING THE PARKS. ALSO, EDUCATION AND ENFORCEMENT CAMPAIGN. WELL, THIS IS WHAT WE'VE BEEN DOING TODAY TO GET YOU UP TO SPEED UNDER OUR POLICE DEPARTMENT STRATIFIED POLICING MODEL, SPECIFICALLY REPEAT INCIDENTS.

AND WE HAVE REPEAT LOCATIONS. THIS HAS BEEN ASSIGNED TO SERGEANT MICHAEL ALONSO. IT'S A PROBLEM. HE HAS OFFICERS AND TRAFFIC OFFICERS DESIGNATED TO IT. THEY ARE LOOKING FOR ENFORCEMENT COMMUNITY FOCUSED SOCIAL MEDIA CAMPAIGN WHICH I'VE MENTIONED. THERE'S NO WARNING, PERIOD. WE'RE GOING RIGHT INTO IT, PARTICULARLY WITH THE MOTORCYCLES. IT IS A MOTOR VEHICLE. EVERYONE SHOULD KNOW THAT. AND THE PARENTS SHOULD HAVE KNOWN THAT BEFORE THEY BOUGHT THIS. THEIR CHILDREN RIDE ON THESE NO WARNING PERIOD. THE OBJECTIVE IS TO ACHIEVE COMPLIANCE AND INCREASE SAFETY FOR EVERYONE OUT THERE THROUGH OUR EDUCATION ENFORCEMENT. OVER ON THE RIGHT THAT GRAPHIC WE MEET WEEKLY ON SATISFIED POLICING. WE HAVE PROBLEMS, WE GET REPORTS, AND THAT'S A STRATIFIED POLICING REPORT. SPECIFICALLY, WE'RE LOOKING AT LAKEWOOD PARK AND THAT'S THE NUMBER OF HOURS ENFORCEMENT'S DOWN THERE IN THE SMALL THAT WE STATE THE PROBLEM. WHO'S OUT THERE, HOW MUCH TIME AND WHAT THE RESULTS ARE. SO WE HAVE BEEN WORKING ON IT. WE HAVE THE PUBLIC EDUCATION CAMPAIGN OUT THERE. WE ARE OUTREACHING OUTREACH TO SOCIAL MEDIA AND THE COMMUNITY. THE CAMPAIGN FOCUSES ON HIGHLIGHTING THE DIFFERENCES BETWEEN THE MOTORCYCLES AND E-BIKES. E MOTORCYCLES ARE CAUSING US THE BIGGEST PROBLEM. AS YOU NOTICE, THIS GRAPHIC SWITCHES BACK AND FORTH TO SHOW YOU AGAIN. YOU SAW THEM EARLIER, BUT IT FADES IN AND OUT THAT WE HAVE THOSE OUT THERE TELLING FOLKS THE DIFFERENCE BETWEEN MOTORCYCLE AND E-BIKE. THIS CONTENT IS PUBLISHED ON ALL THE TOWN'S SOCIAL MEDIA. WE GOT IT OUT THERE ON THE TOWN'S WEBSITE, AND WE'VE ALSO GIVEN YOU INFORMATION AND MADE PRESENTATIONS. AND THE MANAGERS ALSO MADE A PRESENTATION THE OTHER DAY TO ALL THE HOMEOWNERS ASSOCIATION, THE PRESIDENTS OF THE HOMEOWNERS ASSOCIATION MEETINGS. IT INCLUDES INFOGRAPHICS, FREQUENTLY ASKED QUESTIONS, VIDEO REELS, HELMET USE, PROHIBITED USE IN THE PARKS. WE ALSO COLLABORATING WITH THE PROSPER INDEPENDENT SCHOOL DISTRICT POLICE. AS I'VE SAID, WE HAVE SOME IDEAS FOR SOME CAMPAIGNS THERE. WELL, THEY SAY IT'S STRATEGY REVEALED IS NO LONGER STRATEGY. BUT SINCE THESE CHILDREN AREN'T PAYING MUCH ATTENTION TO US, WE KNOW WHERE THEIR VEHICLES ARE GOING TO BE. SO WE'RE GOING TO START CONCENTRATING ON DIFFERENT SCHOOLS AFTER SCHOOL WHEN THEY'RE LEAVING, AND WE'LL BE WORKING THOSE OPERATIONS IN CONJUNCTION WITH THE INDEPENDENT SCHOOL DISTRICT. WE DON'T WANT TO GET THEM ON THE WAY TO SCHOOL, BECAUSE SOMEONE WILL SAY THAT WE MADE THEM LATE OR THEY MISSED A CLASS OR SOMETHING. BUT AFTER SCHOOL, IT'S FAIR GAME. WE'RE ALSO COLLABORATING WITH THE SCHOOL DISTRICT MEDIA DEPARTMENT. I KNOW TODD'S BEEN IN CONTACT WITH THEM, AND WE'LL TRY AND GET THIS OUT TO ALL THE PARENTS, BECAUSE THAT'S WHERE THE REAL PROBLEM IS. THE KIDS DON'T KNOW ANY BETTER, BUT THE PARENTS THAT ARE BUYING THESE FOR THE CHILDREN AND LETTING THEM RUN AMOK OUT THERE IN OUR TOWN, THAT'S WHERE THE PROBLEM IS.

WE'RE ALSO WORKING WITH HOMEOWNERS ASSOCIATIONS. THE HOMEOWNERS ASSOCIATIONS DON'T LIKE THESE VEHICLES OUT THERE EITHER, BECAUSE THEY'RE TEARING UP THE PARKS. THEY'RE ALSO TEARING UP HOA PROPERTY. WE HAVE TEMPORARY WE'RE GOING TO RECOMMEND TEMPORARY. WE CURRENTLY HAVE TEMPORARY SIGNAGE AT PARKS, TRAILS AND EVEN AT EVENT LOCATIONS WITH SCANNABLE ORDNANCE INFO THAT'S IN PROGRESS. WE'RE GOING TO GET THAT OUT THERE. SO IF ANYONE WANTS TO ASK US, WHERE ARE WE ON THIS? WHERE ARE WE RIGHT NOW? WE'VE BEEN CONCENTRATING ON THE MOTORCYCLES. THEY'RE OUR BIGGEST PROBLEM. WE HAVE AN ONGOING EFFORT INCITING OPERATORS IN VIOLATION OF UNLICENSED VEHICLES. THEY DON'T HAVE A CLASS ON DRIVER'S LICENSE, AND THEY'RE OUT ON THE ROAD WITH IT. THAT'S A THAT'S A STATE LAW VIOLATION. INSURANCE REGISTRATION HELMET. AGAIN, OPERATING UNAUTHORIZED DEVICES. THE POCKET BIKES PROHIBITED

[01:35:05]

13 CALLS WERE IN WINDSONG RANCH. THIS IS OUR MAP DOWN THERE. THAT'S THE OTHER GRAPHIC THAT PINPOINTS WHERE THE DIFFERENT CALLS ARE. YOU CAN SEE THEY'RE PRETTY MUCH ALL OVER TOWN. BUT 13 IN WINDSONG RANCH. AND WE'VE HAD THE REMAINING 14 THROUGHOUT THE TOWN, INCLUDING LAKEWOOD AND STAR TRAIL. THE ENFORCEMENT SO FAR WE THREE TOWED THREE MOTORCYCLES. TWO OF THE OWNERS RESIDED IN SOLANA AND THREE CITATIONS. SEVEN CONTACTS WITH LEGALLY RIDDEN E-BIKES, 11 UNABLE TO LOCATE. WHAT DO YOU MEAN THEY? WHEN WE GOT THERE AFTER THE CALL CAME IN, THE BIKES OR MOTORCYCLES WERE GONE AND SEVEN RAN FROM THE POLICE. AND THAT'S A REAL PROBLEM FOR US BECAUSE WHEN THEY RUN, BECAUSE WE REALLY WANT TO CHASE CHILDREN ON MOTORCYCLES THAT ARE DOING SILLY THINGS, LIKE YOU SAW THAT THE SECOND AND THIRD VIDEO, SOMEBODY'S GOING TO GET HURT. NOW, AGAIN, I DON'T MIND REVIEWING MY STRATEGY BECAUSE I WANT THIS TO STOP. THE STRATEGY IS WHEN WE GET THIS AND THEY'RE GOING TO RUN, WE'RE GOING TO FOLLOW THEM WITH DRONES UNTIL THEY GET HOME, AND THEN WE WILL HAVE A CHAT WITH THEIR PARENTS. BUT WE'RE GETTING WE'RE TIGHTENING DOWN. AND NEXT ONE IS THESE ARE THE PROPOSED SAFETY REGULATIONS. I WANTED TO COME BACK A FUTURE TIME, BUT I WANTED TO GET Y'ALL'S FEELING ON THIS. IF YOU HAVE A TASTE FOR DOING THIS, TO ADD ON TO OUR ORDINANCE, SAFETY REGULATIONS, NO OPERATING E-BIKES OR E-SCOOTERS WHILE WEARING HEADPHONES, EARBUDS OR OTHER DEVICES THAT RESTRICT HEARING FOR CHILDREN UNDER THE AGE OF 16. A SAFETY HELMET IS REQUIRED. YOU GOT TO DO SOMETHING TO MAKE SURE THAT BECAUSE YOU SEE SOME OF THESE VIDEOS, THESE KIDS HAVE EARPHONES ON, THEY DON'T EVEN HEAR ON TRAFFIC. TALK ABOUT NO CARRYING PASSENGERS. SOME OF THEM ARE DOUBLING UP ON THESE BIKES THAT AREN'T DESIGNED TO DO THAT. SO WE'D LIKE TO PUT THAT IN THERE. NO RIDING AFTER DUSK UNLESS YOU HAVE A WHITE FRONT LIGHT OR A REAR REFLECTOR.

NOW OUR MOTORCYCLES, WE CAN PUT IT ON THAT TO, BUT IF IT'S ON THE STREET, THESE MOTORCYCLES ARE ILLEGAL. SO 6 TO 1 HALF DOZEN THE OTHER. BUT IT GIVES US ANOTHER TOOL TO COME AFTER THEM WITH. WE'RE GOING TO RECOMMEND SPEED LIMITS ON HIKE AND BIKE TRAILS, FOR EXAMPLE, 10 TO 15 MILES AN HOUR, BECAUSE THOSE CLASS THREE BIKES CAN GET ON THERE AND THEN GO UP TO 2828 MILES AN HOUR ON A HIKE. A BIKE TRAILS PRETTY FAST. YOU KNOW, PEOPLE NEED TO SLOW DOWN. WE'RE ALSO GOING TO DO A RECOMMENDED REGISTRATION DECAL PROGRAM. IT'LL BE FREE WHEN I WANT TO CHARGE ANYBODY. WE WANT THEM TO COME IN AND REGISTER SO WE CAN GIVE THEM THE SAFETY LECTURE AND GIVE THEM THE DECAL. AND THE DECAL IS A FLAG MORE OR LESS ON THE IT'S A SIGHT INDICATOR TO US, THE OFFICERS THAT THAT THAT BIKE IS EITHER COMPLIANT OR IT'S NOT. AND IF IT'S NOT THEN THEY'LL GO UP AND CHAT WITH THEM AND GET THEM IN COMPLIANCE. IF THEY DON'T RUN FROM US RESTRICTIONS, THE OTHER THINGS WE'D LIKE TO PUT IN THERE, NO MINI MOTORBIKES OR POCKET BIKES ON ANY PUBLIC PROPERTY. YOU SAW A LITTLE PICTURES OF THOSE BEFORE? NO CLASS THREE BIKES OPERATED BY CHILDREN UNDER THE AGE OF 15. THAT'S STATE LAW, BUT WE MAY NEED TO PUT THAT IN THE ORDINANCE SO EVERYBODY UNDERSTANDS THAT. NO E-BIKES OR SCOOTERS. I'LL LET THEM PROVE SURFACES ONLY TO CONNECT TO ANOTHER PAVED MAXIMUM 20FT TO KEEP THE PARK SAFE. AND THEN NO E-SCOOTERS ON PUBLIC STREETS NOT DESIGNATED AS LOCAL OR ROADS WITH SPEED LIMITS OVER 30 MILES AN HOUR. AND RESTRICTIONS DO NOT APPLY TO E-BIKES BEING OPERATED ON PRIVATE PROPERTY. IT IS A PRIVATE PROPERTY THAT'S DIFFERENT. YOU KNOW, WE DON'T HAVE A WHOLE LOT OF JURISDICTION OVER THAT. THEN THESE ARE THE PROPOSED

[01:40:04]

I THINK THE PARENTS THAT BUY THOSE, THEY'RE VERY PRICEY BIKES. YEAH. 100, 200 AND $500 ISN'T, I DON'T THINK, A BIG DETERRENT. SO I WOULD I WOULD LIKE TO SEE STIFFER PENALTIES WITH MINIMUMS AND MAXIMUMS INSTEAD OF JUST A FLAT, YOU KNOW, 100, 200, 500. I MEAN, I WOULD I WOULD SEE WHAT WE COULD DO WITH THAT. BUT THE ONLY ISSUE IS THAT. WE HAVEN'T FOUND ABOUT OKAY, WELL, SO MUCH FOR THAT. MAYBE YOU JUST GO STRAIGHT TO $500 THEN. EXACTLY $500. NO PROBLEM WITH THAT. AND THEN I GUESS, TERRY, WHAT KIND OF LIABILITY IS THERE? I MEAN, LIKE YOU SAID, YOU DON'T PURSUE THEM. I MEAN, WE IN THAT VIDEO, THE POLICE OFFICERS WERE THERE IN THE PARKING LOT AND NOT REALLY PURSUING THEM, BUT KIND OF DRIVING AROUND. I DON'T KNOW IF THAT WOULD BE PERCEIVED AS PURSUING AND IF, IF THAT KID HAD GONE AND GOTTEN HIT, IS THERE A PARENT TO TURN AROUND AND SAY THAT HE WAS TRYING TO? NOW, IF THEY DO THAT AND AND DON'T STOP AND WE'RE ABLE TO APPREHEND HIM, THEY CAN THEN BE CHARGED WITH EVADING ARREST IN A MOTOR VEHICLE, WHICH IS A FELONY IF YOU'RE AN ADULT. VERY SERIOUS CHARGE WHICH GET TAKEN INTO CUSTODY AND GO TO JUVENILE COURT BECAUSE AND THEY'LL TAKE YOU IN BECAUSE EVADING ARREST IN THE VEHICLE IS A FELONY AND IT HAS SOME REAL CONSEQUENCES. THAT'S WHAT THAT INDIVIDUAL WHO WE GOT HIS BODY CAM, THAT'S WHAT HE WENT WENT IN, WENT IN FOR WAS TAKEN INTO CUSTODY FOR

[01:45:06]

AND THEN THEN THAT DEPENDS ON THE ESTIMATED AMOUNT OF DAMAGE, THE COST OF THE ESTIMATED DAMAGE TO REPAIR THAT IN ADDITION TO THE LOCAL ORDINANCES. SO THERE'S SOME OTHER TEETH IN THERE. HAVE WE HAD HAVE WE HAD MANY OF THE, THE E-BIKES RUNNING INTO PEOPLE ON THE TRAILS, ACTUALLY RUNNING INTO PEOPLE, HITTING THEM ON ACCIDENT OR AS PEOPLE ARE WALKING ON TRAILS OR THOSE SITUATIONS. WE'VE HAD SOME COMPLAINTS THAT PEOPLE HAVE SAID THAT THEY'VE BEEN SURROUNDED BY BIKES AND THREATENED BY THE BIKES AND DOING THINGS OF THAT NATURE. OUT IN STAR TRAIL. WE'VE HEARD ANECDOTALLY, SOME OF IT OUT THERE IN WINDSONG RANCH. ALSO, SOME OF IT WE HEARD AFTER THE FACT, SOMEBODY TOLD SOMEBODY, WE HAVEN'T BEEN ABLE TO VERIFY IT. BUT THEN THERE ARE ACTUAL CALLS WHERE THAT WHERE THAT HAS HAPPENED. SO I REALLY DON'T KNOW WHAT THEY'RE THINKING. LIKE YOU SAW THOSE THREE ON THE MOTORCYCLE. WE HAVE REPORTS OF PACKS GOING GANGS, MOTORCYCLE BIKER GANGS, YOU KNOW, RIDING THROUGH THE STREETS. SO THAT'S GOOD. AND, AND AND YOU KNOW, I KNOW YOU ALL FIND THE SHOCKING.

BUT I WAS ACTUALLY YOUNG ONCE AND IT'S ALL FUN AND GAMES UNTIL SOMEBODY GETS HURT. YEAH.

THANK YOU CHIEF. THIS IS YOU KNOW THAT THIS HAS BEEN A THORN IN MY SIDE FOR A WHILE. AND I AGREE WITH COUNCILMAN WHO'VE URGED FOR HIGHER PENALTIES ALONG THE WAY. SO BRING IT.

BRING IT BACK. AND I THINK YOU'LL SEE APPROVAL QUICKLY FROM COUNCIL. AND HOPEFULLY THEY GET THE MESSAGE BEFORE THEY BUY ANY MORE OF THESE. PUT THEM OUT THERE FOR CHRISTMAS.

[18. Discussion regarding the 2026 Special Events Calendar. (KS) ]

[01:50:03]

SO SOME OF THE FEEDBACK ON THAT SURVEY, WELL THE 213 RESPONSES FROM OUR LOCAL TOWN RESIDENTS.

SO THAT WAS AMAZING. WE WERE VERY HAPPY WITH THAT NUMBER FOR BEING OPEN FOR A MONTH. SOME OF THE SURVEY HIGHLIGHTS. WHAT DO YOU ENJOY MOST ABOUT TOWN OF PROSPER EVENTS? STRONG SENSE OF COMMUNITY, SMALL TOWN ATMOSPHERE. FREE, ACCESSIBLE LOCAL EVENTS. WHAT WOULD YOU IMPROVE OR DO DIFFERENTLY FOR THE FUTURE OF TOWN EVENTS? INCREASE PARKING. INCREASE ACCESSIBILITY, GREATER DIVERSITY AND INCLUSIVITY IN EVENT OFFERINGS, AND ENHANCED COMMUNICATION AND PROMOTIONAL EFFORTS. SO WE TOOK EVERYTHING THAT THE RESIDENT SAID, GOOD AND BAD, TOOK A LOOK AT WHAT WE'RE DOING, AND THAT IS THE CALENDAR THAT WE ARE PRESENTING TO YOU TONIGHT. IT'S SO THE PROPOSED 2020 CALENDAR WAS DISCUSSED AT THE PARKS AND REC BOARD MEETING ON AUGUST 14TH. THE JOINT PARKS AND RECREATION COMMUNITY ENGAGEMENT COMMITTEE DISCUSSION ON SEPTEMBER 11TH, AND THE COMMUNITY ENGAGEMENT COMMITTEE MEETING ON SEPTEMBER 29TH. OKAY, SO HERE IT IS THE 2026 SPECIAL EVENTS CALENDAR. SO I'M GOING TO GO THROUGH A COUPLE OF HIGHLIGHTS ON THIS EVENT. SO FIRST UP WILL BE THE PROSPER ON TAP. SO WE HAVE WORKED WITH THE THIRD PARTY COMPANY SPG HOSPITALITY ON THAT. AND SOME OF THE FEEDBACK WE HAVE GOT HAS BEEN AMAZING ON THAT FROM THE LOCAL BUSINESSES, WHICH REALLY THAT WAS OUR DRIVE TO DO THE EVENT WAS TO GET PEOPLE IN THE DOORS. SO ONE OF OUR LOCAL BUSINESSES HAD STATED DURING THEIR JULY EVENT, THEY DID THREE TIMES THE VOLUME OF A NORMAL SATURDAY IN JULY. SO THESE EVENTS ARE WORKING. YOU WILL NOTICE THAT THE CALENDAR IS VERY SIMILAR TO LAST YEAR'S CALENDAR. FOR THAT MAY DOWNTOWN BLOCK PARTY. WE ARE LOOKING TO HOST ANOTHER DOWNTOWN CONCERT IN THE SPRING. WE HAVE SPOKEN WITH BECCA AT INAPPROPRIATE TRUCKER HATS SINCE SHE IS NO LONGER HAS A STOREFRONT DOWNTOWN. SHE DOES KIND OF WANT TO STEP BACK, WHICH WE TOTALLY UNDERSTAND AND RESPECT THAT, BUT WE ARE CURRENTLY IN DISCUSSION WITH SEVERAL DIFFERENT POTENTIAL PARTNERSHIPS AND OPPORTUNITIES FOR THAT. SO LET'S SEE. SO YES, THIS IS OUR ME BRINGING OUR STAFF RECOMMENDATIONS TO YOU. AND I WANT TO KNOW WHAT YOU GUYS THINK. AND IF WE ARE GOOD TO MOVE FORWARD WITH THIS. THANK YOU VERY MUCH. COMMENTS FROM THE COMMITTEE MEMBERS OR PEOPLE WHO ATTENDED THAT. MY ONLY COMMENT IS, I THINK YOU HEARD FROM THE COMMITTEES, YOU KNOW, INDIVIDUALLY AND TOGETHER. I THINK THEY WERE VERY PLEASED WITH IT. I THINK THE GENERAL CONSENSUS IS, THOUGH, THAT THEY THEY DO WANT SOME OF THESE EVENTS TO GROW. SO HAVING SAID THAT, WE'RE ABOUT TO DO CHRISTMAS, WHICH IS OUR BIGGEST EVENT TYPICALLY, ESPECIALLY DOWNTOWN. SO I WANT TO MAKE SURE THAT WE REALLY AFTER THE FACT AND PROBABLY PRETTY QUICKLY AFTER THE FACT, REALLY GET SOME GOOD FEEDBACK FROM CSC, SPECIFICALLY ON HOW WE CAN CONTINUE TO GROW THAT EVENT. BECAUSE AS WE CONTINUE TO GROW POPULATION, OBVIOUSLY MORE PEOPLE ARE GOING TO COME. AND THEN SAME THING. I THINK THEY WANT TO SEE THE DOWNTOWN BLOCK PARTY AND CELEBRATE PROSPER, YOU KNOW, JUST KIND OF GROWING EVERY YEAR. SO JUST KEEP THAT IN MIND AS YOU'RE AS YOU'RE PLANNING. I THINK THAT GROUP, ESPECIALLY SOME OF THE NEWER MEMBERS, ARE GOING TO BE PRETTY ENGAGED WITH YOU. SO, OKAY, BUT THANK YOU FOR THIS. AND THE MEETINGS WENT GREAT AND WE HAD GOOD FEEDBACK FROM OUR RESIDENTS. SO WE WERE I THOUGHT THEY WERE GREAT. AWESOME. THANK YOU. I'LL NOTE THAT THE MAY MARCH 28TH P TOWN THROWDOWN PICKLEBALL TOURNAMENT MIGHT BE ABLE TO BE HELD AT RAYMOND PARK.

IT WILL. THANK YOU, THANK THANK YOU. ANY OTHER COMMENTS? COULD YOU BACK IT UP SLIDE OR TWO.

YES. WITH THE RIGHT THERE OKAY. SO DOWN WHERE IT SAID WHAT YOU WOULD LIKE TO IMPROVE. THIS IS BETTER COMMUNICATION PROMOTION. IS THERE ANYTHING TO TO TO ASK ABOUT HOW. BECAUSE I KNOW WITH THE THE CDC COMMITTEE THAT'S CONSTANTLY SOMETHING THAT WE DISCUSS ABOUT HOW TO GET THE WORD OUT AND HOW TO HOW TO GET PEOPLE ENGAGED AND CONSTANTLY ASKING PEOPLE, HOW DID YOU HEAR ABOUT THIS? IS THERE ANY DID THEY IS THERE ANY EXTRA THAT THEY GAVE TO THAT OTHER THAN BETTER COMMUNICATION? I WAS GOING TO SAY, I CAN GO BACK AND LOOK AT SOME OF THE INDIVIDUAL RESPONSES. SO THOSE QUESTIONS WERE LIKE EVERY PERSON COULD WRITE WHATEVER RESPONSE TO COLLECTIVELY. THAT WAS KIND OF OVERALL WHAT THEY SAID. LIKE I SAID, I CAN GO BACK AND LOOK AT THAT. WHAT I WILL SAY IS THAT QUESTION WAS VERY GENERIC, LIKE, HOW DO YOU HEAR ABOUT EVENTS? WE DID ASK THAT. A LOT OF IT WAS THE RESIDENT UPDATES AND FACEBOOK. BUT I, I MEAN, I

[01:55:04]

AND I SHARE THIS WITH CDC, IS FILTERED THROUGH SOME, YOU KNOW, CORE IDEOLOGY, IF YOU WILL.

DOES THIS REPRESENT PROSPER? DOES THIS HAVE HISTORIC TIEBACKS, DOES THIS, YOU KNOW, ACCOMPLISH ONE OF THE ONE TWO THREES OR WHATEVER? WE DEFINE THE ONE TWO THREES ARE I WOULD LOVE TO JUST TO HAVE THAT COMMONALITY AND THAT GROWING SENSE OF WHO WE ARE AS A COMMUNITY EXPRESSED THROUGH ALL OF THESE. AND I LOVE I TRY TO ATTEND AS MANY OF THESE AS POSSIBLE. AND I THINK THE MORE WE CAN USE THESE EVENTS TO SOCIALIZE THAT COMMUNITY, FEEL AND PUSH OUR NEXT EVENT, IT WILL HELP US NOT ONLY WITH OUR MARKETING COSTS, BUT, YOU KNOW, TO GROW THAT USER BASE. SO THANK YOU. CAMERA. YOU MENTIONED THE RESIDENT UPDATE EMAIL. YES. DO WE KNOW ABOUT HOW MANY RESIDENTS ARE SIGNED UP FOR THAT? WELCOME, TOD.

THANK YOU MAYOR AND COUNCIL. YES, WE CURRENTLY HAVE 5300 RESIDENTS SIGNED UP FOR THE RESIDENT UPDATE. SO ONE THING I WOULD ENCOURAGE, MAYBE IT WOULD BE CDC, BUT BUT HOW? WE CAN REALLY PROMOTE THAT AND TRY AND GROW THAT LIST OF OF GETTING GETTING MORE PEOPLE ON THAT LIST AS WELL. YES, SIR. WE ACTUALLY DID A CAMPAIGN ON IT THIS PAST YEAR BECAUSE LAST YEAR WE HAD ABOUT 3000. SO WE GREW IT ALMOST BY HALF. SO THAT'S GOING TO CONTINUE TO BE AN ONGOING MEANS OF OUR OUR MARKETING IS JUST TO ENCOURAGE PEOPLE TO SIGN UP FOR THAT. ONE OF THE THINGS WE DO NOW IS AFTER EVERY FRIDAY WHEN IT GOES OUT, WE POST ON SOCIAL MEDIA WITH A LINK TO IT ON OUR LINKEDIN AND OUR SOCIAL CHANNELS AS WELL. TRY TO CAPTURE THEM IN AND SUBSCRIBE, SO WE'LL CONTINUE TO DO THAT. THANK YOU SIR. OKAY. THANK YOU

[19. Discuss and consider Town Council Subcommittee reports. (DFB) ]

THANK YOU FOR THAT. ANYTHING ELSE ON CDC? THE PARKS, CDC JOINT COMMITTEE. OH, SORRY. NO.

GO THE PARK CDC MEETING. I JUST WANTED TO POINT OUT ONE MORE THING WE TALKED A LOT ABOUT OR A LITTLE BIT ABOUT WITH THE PARKS BOARD TAKING UP SOME MAYBE MONTHLY CHALLENGES AND SORT OF SPICING UP YOUR MAYOR'S FITNESS CHALLENGE FOR MORE RESIDENTS TO PARTICIPATE AND HAVING IT POTENTIALLY LEAD INTO TRAINING FOR THE VETERANS RUN OR WHATEVER. SO THEY'RE THEY'RE SUPPOSED TO BE BRAINSTORMING THAT AND COMING UP WITH SOME NEW IDEAS. SO LOOK FORWARD TO THAT. GOOD. I'M JUST GOING TO SAY THAT THE THE MEETING WE HAD WAS WITH OUR NEW MEMBERS. AND SO IT WAS KIND OF GETTING THEM UP TO SPEED AND GOING OVER WHAT WE WERE DOING AND WHAT WE'RE ABOUT. AND IT WAS, YOU KNOW, IT WAS LENGTHY, BUT IT WAS IT'S IT WAS KIND OF NECESSARY, I THINK A LOT I THINK, OR SOME OF THE FEEDBACK WAS THAT IT WAS THE WAY WE WERE WORKING ON ALL THESE DIFFERENT PROJECTS, AND IT'S REALLY NOT LIKE THAT, BUT WE WANTED TO GET THEM KIND OF A TASTE OF EVERYTHING THAT WE ARE DOING. AND THEN WE'RE, YOU KNOW, GOING TO FOCUS MORE ON INDIVIDUAL THINGS AS WE GO FORWARD. GOOD. THANK YOU. OKAY. NEXT AGENDA ITEM WOULD BE TO

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

[02:00:01]

IT'S BAD BECAUSE A NYLON OR A PARACORD OR SOMETHING LIKE THAT. I WOULD MUCH RATHER WE JUST. SO THIS DOES SOUND LIKE A FUTURE AGENDA TOPIC. MAYBE RATHER THAN OR OR OR MAYBE FOR AN UPDATE IN THE A CONSENT. YEAH. SO YEAH SOMETHING BUT WE ARE DOING SOME RESEARCH ON IT AND WE'LL, WE'RE LOOKING FOR SOMETHING BECAUSE I DO GET A LOT OF CALLS SAYING HEY IT'S NOT FUN YOU KNOW. YEAH.

THE HOOP WITHOUT A NET IS NOT THE SAME. NO, NO. SO WE'LL PROBABLY TRY SOMETHING OKAY.

[EXECUTIVE SESSION]

SECTION 551.071 CONSULTATION WITH THE TOWN ATTORNEY TO DISCUSS LEGAL ISSUES ASSOCIATED WITH ANY WORK SESSION OR REGULAR AGENDA ITEM. TIME NOW 820 WE'RE IN EXECU WE NEED ONE MORE PERSON. WHAT TIME IS IT? 847 OH, BUT IT WORKS ALRIGHT. TIME NOW IS 847 AND THE TOWN

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