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SESSION. THANK YOU. ACTUALLY, I'LL JUST GO AHEAD AND GET IT STARTED, IF THAT'S ALL RIGHT,
[Call to Order/ Roll Call. ]
WHILE WE'RE WAITING ON HIM. GOOD EVENING. I'M GOING TO DO THIS NOW. NOW WE'RE OFFICIAL.THE FUN PART. GOOD EVENING. WELCOME TO THE PROSPER TOWN COUNCIL MEETING. TODAY IS TUESDAY, OCTOBER 28TH, 2025 AT 6:17 P.M. THIS MEETING IS NOW CALLED TO ORDER. CITIZENS AND OTHER VISITORS ATTENDING TOWN COUNCIL MEETINGS SHALL OBSERVE THE SAME RULES OF PROPRIETY, DECORUM AND GOOD CONDUCT APPLICABLE TO THE MEMBERS OF THE TOWN COUNCIL. ANY PERSON MAKING PERSONAL, IMPERTINENT, PROFANE OR SLANDEROUS REMARKS, OR WHO BECOMES BOISTEROUS WHILE ADDRESSING COUNCIL OR ATTENDING THE MEETING, SHALL BE REMOVED FROM THE ROOM, IF SO DIRECTED BY THE MAYOR OR PRESIDING OFFICER, AND THAT PERSON SHALL BE BARRED FROM FURTHER AUDIENCE BEFORE THE TOWN COUNCIL DURING THAT SESSION. DISRUPTION OF A PUBLIC MEETING COULD CONSTITUTE A VIOLATION OF SECTION 42.05 OF THE TEXAS PENAL CODE. FOR CALL TO ORDER AND ROLL CALL, WE HAVE IN ATTENDANCE THE MAYOR, PRO TEM BARTLETT, DEPUTY MAYOR PRO TEM KERN, COUNCIL MEMBER.
HODGES, COUNCIL MEMBER. REEVES, COUNCIL MEMBER ANDRES AND COUNCIL MEMBER. RAY WILL BE WITH US IN JUST A MOMENT. AT THIS TIME, WE WILL DO THE INVOCATION, PLEDGE OF ALLEGIANCE AND PLEDGE TO THE TEXAS FLAG. WE HAVE. OKAY, WE'RE GOING TO HAVE A SUBSTITUTE FOR OUR PLEDGE OF ALLEGIANCE, OUR INVOCATION. THANK YOU VERY MUCH. OF COURSE.
I INVITE YOU TO STAND AND JOIN ME IN PRAYER. GOD OF LIFE, GOD OF REFUGE, AND GOD OF PEACE. WE GIVE YOU THANKS FOR YOUR SHELTER AND THE BREATH OF YOUR LOVE. GRANT US TODAY THE CONFIDENCE AND WISDOM THAT WE TOO, COULD OFFER SHELTER AND COMPASSION TO OUR NEIGHBORS. AS WE GATHER TONIGHT, SEND US THE GIFT OF YOUR HOLY SPIRIT TO SHAPE OUR TIME, OUR PRESENCE, AND OUR CONVERSATION SO THAT ALL WE DO MAY SERVE THE GOOD OF OUR COMMUNITY. TOGETHER. WE PRAY FOR PEACE IN OUR COUNTRY, FOR VICTIMS OF VIOLENCE EVERYWHERE, FOR THOSE WHO STRUGGLE FOR PEACE AND JUSTICE, AND FOR A WORLD FREE FROM WAR AND FEAR. OPEN OUR HEARTS AND MINDS. LORD, MOVE US FROM DESPAIR TO HOPE, FROM FEAR TO TRUST, FROM HATRED TO LOVE. WE PRAY THAT IT IS YOUR LOVING WILL THAT FILL OUR LIVES, OUR WORLD AND UNIVERSE TODAY. AMEN.
AND THANK YOU. BY WAY OF PROPER INTRODUCTION, PAULINE FROM METHODIST SALINA. THANK YOU FOR BEING WITH US THIS EVENING. PLEASE JOIN ME IN THE PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. AND NOW TO THE TEXAS FLAG. HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THEE. TEXAS. ONE STATE UNDER GOD, ONE AND INDIVISIBLE. THANK YOU VERY MUCH. AT THIS TIME, I'LL ASK COUNCIL MEMBER REEVES
[Announcements of recent and upcoming events. ]
TO READ THE ANNOUNCEMENT. GOOD EVENING. EARLY VOTING FOR NOVEMBER GENERAL ELECTION AND SPECIAL ELECTION CONTINUES THIS WEEK THROUGH FRIDAY, OCTOBER 31ST, FROM 7 A.M. TO 7 P.M.VOTING DATE, HOURS AND DESIGNATED LOCATIONS MAY BE FOUND ON THE TOWN'S WEBSITE AT.
PROSPER TX.GOV BACKSLASH VOTE OR BY VISITING THE COLLIN COUNTY AND DENTON COUNTY ELECTION WEBSITES. 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 PLANTING TECHNIQUES, PLANT CARE AND FEEDING. LEARN MORE AT PROSPER GOV BACKSLASH SPECIAL EVENTS THE PROSPER VETERANS DAY HONOR RUN WILL TAKE PLACE ON SATURDAY, NOVEMBER 8TH FROM 8 TO 11 A.M. 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 TX GOV, BACKSLASH, SPECIAL EVENTS AND FINALLY PROSPER ON TAP. FRIENDSGIVING SIP AND STROLL RETURNS ON SATURDAY, NOVEMBER 22ND FROM NOON TO 4 P.M. IN DOWNTOWN PROSPER IN PARTNERSHIP WITH SBG HOSPITALITY, THIS THEMED EVENT OFFERS A GREAT WAY TO EXPLORE WHAT'S NEW AND HAPPENING DOWNTOWN. FOR MORE INFORMATION, INCLUDING HOW TO GET YOUR TICKETS, VISIT PROSPER GOV. SPECIAL EVENTS. COUNCIL MEMBER RAY, DID YOU HAVE ANOTHER ANNOUNCEMENT? I DO. TODAY IS NATIONAL FIRST RESPONDERS DAY.
SO I JUST WANT TO COMMEND OUR DISPATCH, OUR EMT PROSPER ISD PD. OH YOU GOT A BADGE. PROSPER POLICE DEPARTMENT, PROSPER FIRE AND RESCUE. THANK YOU GUYS FOR ALL YOU DO. WE SURE DO
[00:05:01]
APPRECIATE YOU AND OUR COMMUNITY IS BETTER BECAUSE OF YOU. THANK YOU VERY MUCH.COUNCIL MEMBER RAY, I'D ALSO LIKE TO ADD TO CAMERON REEVES ANNOUNCEMENT ABOUT THE VETERANS DAY HONOR RUN AT. IT GOES FROM 8 TO 11 AND THEN AT 11 AT FRONTIER PARK WILL BE THE RIBBON CUTTING FOR THE VETERANS MEMORIAL THERE AT FRONTIER PARK. SO I'D LIKE TO ENCOURAGE EVERYONE NOT ONLY TO GO OUT AND DO THE HONOR RUN, BUT THEN TO STAY FOR THE RIBBON CUTTING OF THE VETERANS MEMORIAL. IS THERE ANY OTHER COUNCIL MEMBER THAT WOULD LIKE TO MAKE AN ANNOUNCEMENT? DON'T DRINK COFFEE BEFORE YOU RUN. NOTED. ON THE FUN RUN. IT'S OKAY. THE
[1. Receive an update regarding the 89th Texas Legislative Session. (RB) ]
FIVE K IS NOT. DOESN'T WORK. ALRIGHT, WE'LL GO TO OUR NEXT ITEM AND THAT IS A PRESENTATION TO RECEIVE AN UPDATE REGARDING THE 89TH TEXAS LEGISLATIVE SESSION. ROBIN, DO YOU WANT TO LEAD INTO IT? THANK YOU. THANK YOU EVERYONE. AS YOU KNOW, WE WE WRAPPED UP THE 89TH TEXAS LEGISLATIVE SESSION EARLIER THIS YEAR, FOLLOWED BY A COUPLE OF SPECIAL SESSIONS. AND JAKE POSEY, WHO IS OUR LEGISLATIVE CONSULTANT WITH MERCURY LLC, IS HERE TO GIVE YOU A LEGISLATIVE UPDATE. SO I'D LIKE TO WELCOME JAKE. THANK YOU. WELCOME, JAKE. THANK YOU, MAYOR BRISTOL. THANK YOU, COUNCIL MEMBERS. GOOD TO SEE EVERYONE. GET THIS UP AND GOING. SO AS ROBIN SAID, WE ARE TALKING ABOUT THE LEGISLATIVE SESSION, 89TH LEGISLATIVE SESSION AND SUBSEQUENT SPECIAL SESSIONS. AND ALTHOUGH THOSE HAVE BEEN CONCLUDED NOW FOR, YOU KNOW, A FEW COUPLE MONTHS, THERE WAS, AS YOU ALL KNOW, A LOT OF ACTIVITY TO DISCUSS RELATIVE TO WHAT WAS HAPPENING DURING THOSE SPECIAL REGULAR SESSION AND SPECIAL SESSIONS. AND AS YOU AS IT APPLIES TO MUNICIPALITIES, THERE'S QUITE A FEW THINGS TO DISCUSS THERE AS WELL. SO WE'LL TRY TO COVER AS MUCH OF THAT AS WE CAN IN THE TIME WE HAVE. I'LL JUST START BY HITTING A FEW OF THE HIGHLIGHTS. EVERYBODY YOU KNOW IS PROBABLY FAMILIAR START, YOU KNOW, EARLY IN JANUARY AND CONCLUDED THE REGULAR SESSION IN EARLY JUNE. 8700 PLUS BILLS FILED. IT WAS NEAR ALL TIME HIGH. PASSAGE FOR BILLS WAS AROUND 1200. TOTAL BILLS PASS RATE, YOU KNOW, JUST UNDER 14%, WHICH IS, YOU KNOW, SOMEWHAT OF AN ALL TIME LOW. IT'S YOU KNOW, THERE'S A LOT OF NEW MEMBERS IN THE HOUSE. THERE'LL BE A LOT OF NEW MEMBERS COMING INTO THE HOUSE THIS NEXT SESSION. SO THERE'S BEEN A LOT OF, I GUESS, YOU KNOW, YOU KNOW, INTEREST IN, YOU KNOW, POLICY IN TERMS OF FILING NEW POLICY. AND, YOU KNOW, AND ALWAYS IS WHEN NEW MEMBERS COME IN TO THE HOUSE OR THE SENATE, JUST BECAUSE THEY'RE GETTING STARTED AND TEND TO HAVE A LOT OF SORT OF LONG LIST OF AGENDA ITEMS RIGHT FROM THE CAMPAIGN AND THAT SORT OF THING. THE TWO SPECIAL SESSIONS THAT FOLLOWED, JULY 21ST AND AUGUST 15TH, BOTH OF THOSE HAVE BEEN WELL DOCUMENTED IN THE MEDIA FOR VARIOUS REASONS. WE'LL DISCUSS ABOUT SHORTLY MAJOR SESSION HEADLINES.SCHOOL VOUCHERS WERE APPROVED ALONGSIDE MAJOR EDUCATION FUNDING AND PROPERTY TAX PACKAGES. DEBATE, SIGNIFICANT DEBATE AND BOTH THE REGULAR SESSION AND IN THE SPECIALS OVER THC HEMP RESTRICTIONS, AS WELL AS CRIMINAL JUSTICE REFORMS. THOSE ITEMS ROLLED OVER INTO SPECIAL SESSIONS BUT ULTIMATELY WEREN'T PASSED, AS WELL AS WATER INFRASTRUCTURE FUNDING AND GRID ENERGY MEASURES. WATER INFRASTRUCTURE, AS MANY OF YOU KNOW, IS BEING VOTED ON AS ONE OF THE PROPOSITIONS AND ONE OF THE 17 THAT ARE BEING VOTED ON CURRENTLY HEADING UP TO THE ELECTION NEXT WEEK. THE TWO SPECIAL SESSIONS, JULY 21ST AND AUGUST 15TH IN THE FIRST 369 TOTAL BILLS FILED. MANY OF THOSE, YOU KNOW, AS YOU ALL PROBABLY WELL KNOW, DON'T YOU KNOW, MATTER MUCH BECAUSE IT'S NOT ON THE CALL. IT'S NOT SOMETHING THAT'S BEING DISCUSSED, DEBATED OR HEARD. BUT STILL THERE WAS, YOU KNOW, PLENTY OF OPPORTUNITIES TO SORT OF REFILE THINGS AND ATTEMPT TO DISCUSS, YOU KNOW, PIECES OF POLICY THAT WEREN'T MAYBE COVERED DURING THE INITIAL REGULAR SESSION, SECOND SESSION, SAME THING. 21 PASSED, ONE VETOED, WHICH ENDED ON SEPTEMBER 14TH. THE HIGHLIGHTS OF THE SPECIAL SESSION, AS EVERYONE KNOWS, CONGRESSIONAL REDISTRICTING AND AS WELL AS SOME BORDER SECURITY FUNDING IN THE WORLD, I WORK IN, THE CONGRESSIONAL REDISTRICTING HAS BEEN SIGNIFICANT. I MEAN, I CAN'T REMEMBER A TIME I CAN GO BACK TO EVEN YEARS BEFORE I WAS EVEN DOING THE JOB I'M DOING WHEN THERE WERE THIS MANY SEATS UP, THIS MANY PEOPLE, YOU KNOW, IN TERMS OF, YOU KNOW, OFFICES BEING MOVED FROM, YOU KNOW, WHETHER IT'S, YOU KNOW, FOLKS JUMPING INTO THE SEATS, YOU KNOW, SEATS CHANGING IN, YOU KNOW, AND SO ON AND SO FORTH.
PUBLIC SAFETY INITIATIVES, OBVIOUSLY, AFTER THE JULY 4TH FLOODS, THAT WAS A KEY COMPONENT OF THE LEGISLATURE MEETING. THOSE BILLS DID PASS, ALTHOUGH THEY'RE STRUGGLING A
[00:10:02]
LITTLE BIT OF A DEBATE ON IMPLEMENTATION RIGHT NOW. STATE AGENCIES. AND THEN THE THC HEMP CLARIFICATIONS DID NOT PASS, BUT AN EXECUTIVE ORDER WAS RELEASED BY THE GOVERNOR TRYING TO DIRECT THE DPS TO RESTRICT CERTAIN TYPES OF SALES OF DIFFERENT PRODUCTS, YOU KNOW, IN ON RETAIL SHELVES PRIORITIES THAT WE WORKED ON, AMONGST MANY THINGS THAT WE TRACKED AND AND ROBIN JUST WANT TO SAY THANK YOU BECAUSE YOU DO A FANTASTIC JOB OF TRACKING AND ORGANIZING.YOU KNOW WHAT WE'RE TALKING ABOUT AND WHAT WE'RE LOOKING AT. AND AND THAT'S A BIG HELP BECAUSE WHEN IT COMES TO WORKING WITH A MUNICIPALITY, THERE ARE MANY, MANY THINGS THAT NEED TO BE TRACKED AND MONITORED THROUGHOUT THE LEGISLATURE DURING A SESSION.
AND SO DIGITAL NOTICE FOR PUBLIC POSTINGS WAS SOMETHING THAT WE WORKED ON THIS THE SECOND SESSION. WE'VE WORKED ON THIS AND WE I WOULD SAY, YOU KNOW, MADE, YOU KNOW, PROBABLY ABOUT THE SAME AMOUNT OF PROGRESS, MAYBE MORE IN TERMS OF BRINGING ALONG SOME STAKEHOLDERS AS WE DID THE PRIOR SESSION. THE BILL DID COME OUT OF COMMITTEE. WE HAVE ONE OF OUR AND I'LL JUST, YOU KNOW, TALK ABOUT IT HERE SHORTLY. WE HAD REPRESENTATIVE MATT SHAHEEN FILED THAT BILL FOR US IN THE HOUSE AND AND SENATOR BRETT HAGAN IN THE SENATE, AND WE APPRECIATE THEM SUPPORTING THAT THAT PROPOSAL, TAX REBATE REFORM. AND WE CAN TALK ABOUT THAT IN A LITTLE BIT TOO. THAT ACTUALLY WAS A REALLY GOOD EFFORT. VERY PROUD OF WHAT WE DID THERE. IT WAS A VERY NEAR MISS. CAME WITHIN A MERE FEW PIECES OF LEGISLATION FROM BEING FINALLY HEARD IN THE HOUSE ON THE LAST HOUSE CALENDAR. AND HAVE HAD IT, HAD IT BEEN HEARD, WOULD HAVE BEEN PASSED AND SENT OVER TO THE GOVERNOR. WE'LL TALK ABOUT DIGITAL NOTICE AND PUBLIC POSTING THAT BILL. THERE WERE SEVERAL BILLS, HB 1028, 1080 AND SB 1508. SO 1028 WAS FILED BY REPRESENTATIVE SHAHEEN, AND SB 1508 WAS FILED BY SENATOR HAGAN. BUT THOSE WERE IDENTICAL BILLS. THE ONE IN THE MIDDLE, HB 1080, WAS FILED BY A MEMBER FROM WACO. MCGREGOR AREA WAS NOT SOMETHING THAT THAT WE HAD ON OUR RADAR, BUT IT ENDED UP BEING A BILL THAT THAT REPRESENTATIVE SHAHEEN SIGNED ONTO AND ULTIMATELY DID MOVE OUT OF COMMITTEE. IT WAS AND IS A TOUGH FIGHT BECAUSE, AS YOU MIGHT IMAGINE, LEGACY MEDIA IS VERY OPPOSED TO THE MOVEMENT OF THE BILL BECAUSE, YOU KNOW, THEY IT IS A STRONG SOURCE OF REVENUE THAT THEY RECEIVE IN TERMS OF POSTINGS AND, AND PUBLIC NOTICES AND SO FORTH. A TOWN LIKE PROSPER, BEING ABLE TO HAVE ALTERNATIVE MEANS OF PUBLICATION WOULD BE A COST SAVINGS, CLEARLY, AND ESPECIALLY WITH THE LACK OF A STRONG LOCAL PAPER, IT'S SOMETHING THAT NOT JUST WE AREN'T, BUT OTHERS ARE STARTING TO ALIGN WITH US, INCLUDING SOME IN DALLAS, BELIEVE IT OR NOT. JUST JUST FOR CLARIFICATION, BECAUSE I KNOW WE HAVE THERE'S MEDIA IN THE ROOM. IT'S NOT JUST A STRONG LOCAL PAPER, BUT IT'S PUBLISHED ON A RIGHT. SO THERE'S SOME SPECIFIC CLARIFICATION. YES, THERE ARE SOME SPECIFIC, YOU KNOW, CRITERIA. AND SO WHAT IT REALLY AMOUNTS TO IS, IS BEING ABLE TO OFFER PUBLIC NOTICE IN A WAY THAT IS CONSUMABLE, EASY, MAYBE A LITTLE BIT EASIER FOR PEOPLE TO FIND. SO TO GIVE AN EXAMPLE, IT WOULDN'T BE IT MIGHT NOT BE AS EFFICIENT IF YOU WERE POSTING A NOTICE FOR THE TOWN OF PROSPER IN THE FORT WORTH STAR TELEGRAM, FOR INSTANCE.
YOU KNOW, SO THERE ARE SOME COMPONENTS THAT AND IT'S AND IT'S NOT A DIRECT BLANKET ON NOT HAVING TO. IT'S GIVING THE TOWN A CHOICE. SO WEBSITE, SOCIAL MEDIA, DIRECT MAIL, NEWSLETTERS, CONTROLLER APPROVED ONLINE PLATFORMS WERE ALL DISCUSSED, YOU KNOW, AND THE REASONS FOR DOING IT, YOU KNOW, DECLINING PRINT PUBLICATIONS, RISING DIGITAL, MORE COST EFFECTIVE OUTREACH. AGAIN PROGRESS MADE. AND SO, YOU KNOW, WE LOOK FORWARD TO SEEING WHAT HAPPENS ON THAT NEXT SESSION. THE TAX REBATE BILL, HB 5169, SB 2747, YOU CAN SEE THEY'RE FILED BY REPRESENTATIVE SHAHEEN AND SENATOR PAXTON, THOUGH THAT BILL, THE GOAL WAS TO LIMIT WHEN A MUNICIPALITY CAN ENTER INTO A TAX INCENTIVE ARRANGEMENT WITH AN ENTITY OR AFFILIATED GROUP TO REBATE MUNICIPAL SALES AND USE TAX. I THINK EVERYONE HERE IS CERTAINLY FAMILIAR WITH THE SITUATION, WHICH, YOU KNOW, TRY TO GIVE AN EXAMPLE THERE IN TERMS OF THE ISSUE, BUT DIVERTING SALES TAX TO ANOTHER MUNICIPALITY OR FUNNELING IT THROUGH AN AGREEMENT, AN ARRANGEMENT UNDER THE TAX CODE THAT WAS NOT ORIGINALLY MEANT TO BE USED THAT WAY, HAS AND IS DETRIMENTAL TO TOWNS LIKE PROSPER AND OTHERS. AND SO WE FOUND, YOU KNOW, INITIALLY IT WAS A LITTLE BIT TOUGH TO SORT OF INTERPRET, YOU KNOW, WHAT WE WERE TRYING TO ACCOMPLISH IN THE LANGUAGE OF THE BILL. BUT ONCE PEOPLE UNDERSTOOD THE MORE SIMPLISTIC EXPLANATION OF IT AND THE REASON BEHIND IT, WE FOUND A TREMENDOUS AMOUNT OF SUPPORT ON THE BILL. WE HAD A NUMBER OF SENATE COAUTHORS ON THAT BILL, AND IT MOVED VERY SMOOTHLY THROUGH THE SENATE AND THROUGH THE HOUSE. WE HAD A
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LITTLE BIT OF A DELAY ON THE SENATE SIDE JUST FROM A DRAFTING AND, QUITE FRANKLY, FROM FOLKS BEING ABLE TO UNDERSTAND ON THE COMMITTEE SIDE WHAT EXACTLY THE BILL DID.AND SO ONCE WE WERE ABLE TO KIND OF STREAMLINE THE DRAFT AND MAKE SURE THAT THE STAFF, YOU KNOW, UNDERSTOOD WHAT THE BILL IS ACCOMPLISHING, IT MOVED WITH PRETTY GOOD SPEED. SO JUST AGAIN, TO THE GOAL WAS TO PREVENT THE MISUSE OF SALES TAX THROUGH FORM OVER SUBSTANCE PRACTICES, AS WE HAVE EXPLAINED THAT REDIRECT REVENUE INSTEAD OF USING IT FOR PUBLIC SAFETY AND INFRASTRUCTURE INVESTMENT, ROADS, FIRE, POLICE, THAT SORT OF THING. AGAIN, SIGNIFICANT PROGRESS DID GO TO THE SENATE, MOVED TO THE HOUSE. IT DID NOT ADVANCE ON THE HOUSE CALENDAR, ALTHOUGH IT WAS SET ON THE HOUSE CALENDAR. THE WAY THAT WORKS IS THE HOUSE WILL HAVE A MIDNIGHT DEADLINE ON THEIR LAST HOUSE CALENDAR. THEY HAVE A DATE CERTAIN WHEN THEY CAN NO LONGER HEAR HOUSE BILLS OR BILLS REALLY RATHER TO BE MOVED, YOU KNOW, OUT OF THE HOUSE. AND THAT'S, YOU KNOW, THE CALENDAR THAT WE WERE ON. AND AGAIN, I MEAN, JUST A HANDFUL OF BILLS AWAY FROM BEING HEARD, WHICH WOULD HAVE, YOU KNOW, RESULTED IN FINAL PASSAGE AND HAD THAT BILL SENT OFF TO THE GOVERNOR. SO WE WE ARE STILL WORKING THROUGH THE ADMINISTRATIVE PROCESS, SPEAKING AND HAVING MEETINGS WITH THE COMPTROLLER'S OFFICE TO DISCUSS THIS ISSUE.
THERE IS STILL A POTENTIAL ADMINISTRATIVE FIX THAT COULD BE MADE AT THE COMPTROLLER'S OFFICE, ALTHOUGH THAT HASN'T BEEN SOMETHING THAT'S BEEN DONE JUST YET. THE PRIOR CONTROLLER WAS OF THE MIND THAT THEY WOULD LIKE TO SEE THE LEGISLATURE MAKE A DECISION ON THE ISSUE.
WE HAVE A NEW CONTROLLER. AS MANY AS MANY OF YOU KNOW, HE'S AN INTERIM CONTROLLER. BUT, YOU KNOW, FOR THIS TIME PERIOD AND FOR UNTIL ANOTHER CONTROLLER, THAT'S IT'S SENATOR HANCOCK OR SORRY, COMPTROLLER HANCOCK OR ANOTHER, HE AND HIS STAFF WILL BE, I GUESS, YOU KNOW, THE ONES TO REVIEW WHETHER OR NOT THEY WANT TO TAKE ANY ADDITIONAL ACTION. THERE ARE PLENTY OF OTHER PARTIES THAT ARE INTERESTED. THIS TOWN, SIMILARLY SITUATED TO THE TOWN OF PROSPER, AND THE PROBABLY AT LEAST I KNOW OF A HALF DOZEN AROUND THE STATE THAT HAVE BEEN ACTIVELY ENGAGED ON THIS, AND OTHERS AS WELL. SOME OTHER BILLS I'LL JUST KIND OF RUN THROUGH THAT I THINK ARE WORTH, YOU KNOW, JUST KIND OF MENTIONING ONLY BECAUSE HOUSING IS A BIG ISSUE POLICY ISSUE AT THE LEGISLATURE, HOUSE AND SENATE, AND THERE WERE A NUMBER OF BILLS RELATED TO HOUSING. MOST OF THOSE ARE REALLY SORT OF POINTED TOWARDS LARGER MUNICIPALITIES. BUT OF COURSE, YOU KNOW, THERE'S NOT ALWAYS A DISTINCTION BASED ON POPULATION.
SOMETIMES THERE IS. BUT IF THERE'S NOT, YOU KNOW, IT'S APPLICABLE ACROSS THE BOARD.
ONE OF THOSE WAS ACCESSORY DWELLING UNITS. AND THAT SB 673, THE GOAL STATED GOAL WAS TO HELP INCREASE HOUSING SUPPLY AND FLEXIBILITY BY ALLOWING FOR FAMILY MEMBERS OR RENTAL INCOME IN JURISDICTIONS WITH SINGLE FAMILY LOTS DOMINATE. YOU KNOW, THERE ARE THERE WERE, YOU KNOW, RULES AND CERTAIN, YOU KNOW, PARAMETERS THAT, YOU KNOW, CITIES MUST, YOU KNOW, FOLLOW.
IT DID FAIL TO ADVANCE ON THE HOUSE CALENDAR AS A NUMBER OF THOSE BILLS DID. STRONG OPPOSITION FROM CITY GROUPS, STRONG SUPPORT FROM OTHERS IN THE AFFORDABLE HOUSING SPACE.
SO THEN THE OTHER THAT WAS PRETTY SIGNIFICANT AND HAD BEEN ATTEMPTED PRIOR SESSION BUT DIDN'T PASS AND DID THIS TIME WAS MINIMUM LOT SIZE. SENATOR BETTENCOURT CARRIED THAT FROM HOUSTON, AND HE'S BEEN A BIG PROPONENT OF THAT PARTICULAR PIECE OF LEGISLATION, REALLY CITIES. I THINK IT'S 150,000 OR MORE AND 300,000 IN THE COUNTY IS WHOSE IT APPLIES TO. SO HERE LOCALLY, THAT WOULD BE LIKE PLANO, IRVING, GARLAND, FRISCO, MCKINNEY, GRAND PRAIRIE, MESQUITE, JUST TO NAME A FEW. THAT BECAME EFFECTIVE SEPTEMBER 1ST, 2025. AND SO CITIES THAT IT APPLIES TO WILL HAVE TO MAKE, YOU KNOW, CHANGES, YOU KNOW, OBVIOUSLY LOCALLY TO TO ADJUST MIXED USE RELIGIOUS LAND PROTECTION, BROADEN CURRENT LAW TO PROTECT THE ABILITY OF RELIGIOUS ORGANIZATIONS TO DEVELOP OR USE LAND FOR FAITH BASED PURPOSES. YOU KNOW, STALLED AND SENATE, I PUT IT ON HERE ONLY BECAUSE IT GAINED A LOT OF ATTENTION DURING THE SESSION, REALLY, YOU KNOW, HAD A LOT OF, YOU KNOW, VOICES, YOU KNOW, SPEAKING UP, YOU KNOW, FOR AND AGAINST AND THAT SORT OF THING. SO JUST KIND OF SHOWS YOU THE BREADTH OF, YOU KNOW, THE LAND USE BILLS THAT WERE BEING FILED. THERE WERE A LOT. ONE OTHER THAT FOLLOWS IN THE HEELS OF A BILL THAT PASSED THE PRIOR SESSION THAT DEALT WITH FCS AND PUBLIC FINANCE CORPORATIONS, AND NOW HFCS, WHICH IS, YOU KNOW, HOUSING FINANCE CORPORATIONS, INCLUDING TRAVELING HFCS WAS A VERY CONTENTIOUS PIECE OF LEGISLATION. IT ULTIMATELY CAME OUT OF THE HOUSE, YOU KNOW, AND AND PASSED, YOU KNOW, RELATIVELY QUICKLY OVER TO THE
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SENATE, SAT THERE FOR SOME TIME, BUT I'M NOT SURE HOW MANY. I'M NOT SURE IF THE TOWN'S EVER FACED OR HAD THAT BROUGHT BEFORE YOU IN TERMS OF A POLICY, BUT MORE OR LESS WHAT, YOU KNOW, HFCS TRAVELING HFCS CAN DO IS THEY ARE ALLOWED TO OFFER TAX INCENTIVES EVEN THOUGH THEY'RE NOT LOCATED. SO IF YOU WERE AN HFC IN ANOTHER PART OF THE STATE, YOU COULD ACTUALLY OFFER A CERTAIN TAX INCENTIVE FOR A BUILD IN A COUNTY THAT WAS NOT YOUR OWN. AND FOR DEVELOPERS FOR AFFORDABLE HOUSING. AND IT'S AND IT'S ACCORDING TO THOSE THAT THAT PASSED THE BILL, IT IT NEEDED A LOT OF REFORM AND WAS SUBJECT TO OR PRONE TO ABUSES. SO THE THE REAL IMPACT FROM THOSE IS THAT, THAT THOSE WHO HAVE THEM IN PLACE HAVE UNTIL JANUARY 1ST OF THIS NEXT YEAR OF 2027. I'M SORRY TO RETRO THOSE AGREEMENTS WITH THE CITIES THAT HAVE THEM WITH THE IT'S THE LAW IS UNDER IT'S THERE'S A LAWSUIT, YOU KNOW, SEEKING TO ENJOIN IT AND TO OVERTURN IT. SO WE'LL SEE IF IT ACTUALLY, YOU KNOW, IF IT MAKES IT BEFORE NEXT SESSION. BUT IT WAS A VERY, YOU KNOW, HOTLY CONTESTED PIECE OF LEGISLATION FOR FOR OUR PART, YOU KNOW, I WOULD JUST SAY OUTCOMES FOR PROSPER COMPLIANCE AND CONFORMING CHANGES AT THE LOCAL LEVEL FOR BILLS THAT HAVE PASSED. ROBIN, I'M SURE HAS DISCUSSED THAT WITH, YOU KNOW, THE COUNCIL AS WELL AS, YOU KNOW, THOSE THAT YOU KNOW, THE THINGS THAT YOU'LL BE WORKING ON, NEED TO BE WORKING ON, NEED TO BE PAYING ATTENTION TO THAT CHANGE FROM THE SESSION. I'D SAY FOR US, THE ISSUES THAT WE WORKED ON IN PARTICULAR RESONATED VERY WELL, NOT ONLY JUST WITH THOSE WHO REPRESENT THE TOWN OF PROSPER IN THE LEGISLATURE, BUT OTHERS. AND SO THAT WAS THAT WAS REALLY NICE. IT WAS VERY POSITIVE TO TO WORK WITH AS MANY STAKEHOLDERS AS WE DID TO TRY TO MOVE THE LEGISLATION AS FAR AS AS WE DID. SO WE'RE GOING TO KEEP WORKING ON AGENCY AND ADMINISTRATIVE ANGLES FOR SOME OF THOSE, OR REALLY IN PARTICULAR ON THE TAX REBATE ISSUE, AND THEN START PREPARING FOR WHAT LIES AHEAD IN 2027. WE KNOW THAT AT LEAST THOSE TWO ISSUES WILL PROBABLY STILL BE ON THE FRONT BURNER. THERE ARE OTHER, PERHAPS APPROPRIATIONS TARGETED ITEMS THAT WE'LL BE DISCUSSING AND LOOKING AT. AND SO AS THE, YOU KNOW, COUNCIL WORKS AND AND WITH THE MAYOR AND OTHERS AND ROBIN TO MOVE, YOU KNOW, CLOSER TO NEXT SESSION AND IT'LL BE HERE BEFORE WE KNOW IT, WE'LL BE, YOU KNOW, PREPARING TO, TO TO WORK ON SOME OF THOSE AND, AND HOPEFULLY WITH SOME OF THE SAME REPRESENTATIVES THAT HAVE WORKED WITH US THIS PAST SESSION, THEY THEY HAVE A BUILT IN KNOWLEDGE BASE. AND AS MANY OF YOU KNOW, I MEAN, IT'S A THE LEGISLATURE, IT'S, YOU KNOW, GETTING SOMETHING DONE. IT MIGHT BE ONE, 2 OR 3 TIMES BEFORE IT REALLY KIND OF, YOU KNOW, PUSHES THROUGH JUST BECAUSE, YOU KNOW, NEW COMMITTEES, ESPECIALLY LAST SESSION, A LOT OF NEW MEMBERS, A NUMBER OF NEW MEMBERS IN THE HOUSE, MAYBE AS MANY AS 30 THIS COMING SESSION. SO SHUFFLES IN COMMITTEES, NEW SPEAKER, NEW LEADERSHIP COMMITTEES, NEW COMMITTEE MAKEUPS, YOU KNOW, GIVE PEOPLE A CHANCE TO TO HEAR AN ISSUE. AND NEXT SESSION, HOPEFULLY THOSE THAT ARE ON, YOU KNOW, RELEVANT COMMITTEES WILL STILL BE THERE AND THEY WILL HAVE HEARD IT AND IT WILL ALLOW US TO TO GAIN SOME TRACTION EARLIER AND GET THOSE BILLS MOVING QUICKLY. SO WITH THAT, THAT'S WHAT I WANTED TO SHARE. I'M HAPPY TO ANSWER ANY QUESTIONS IF ANYONE HAS ANY.THANK THANK YOU JAKE, YOU. ONE ISSUE THAT I DIDN'T NOTE ON YOUR AGENDA THERE WAS THE TAXPAYER FUNDED LOBBYING BILL, RIGHT? THAT THAT BILL, WHICH HAS BEEN A A HOT TOPIC, POLITICAL, YOU KNOW, CAMPAIGN DEBATE FOR QUITE SOME TIME, DID IT MANY OF THE SPECIAL SESSION AGENDA ITEMS PASSED THE SENATE, IN FACT, ALL OF THEM DID. AND AND PRETTY, PRETTY SWIFT TIME.
THAT BILL DID NOT MOVE IN THE HOUSE. IN FACT, IT DIDN'T EVEN GET A HEARING. AND THERE WERE, I THINK, SOME ALTERNATIVE PIECES OF LEGISLATION THAT WERE WAITING IN THE WINGS THAT WERE MORE OF A WAY TO MANAGE THAT, YOU KNOW, ISSUE AS OPPOSED TO SIMPLY PROHIBITING IT SO THAT THAT BILL DID NOT PASS AND NOT REALLY NOT QUITE SURE WHAT THE FUTURE OF IT IS GOING TO BE, BUT AT LEAST FOR NOW, IT'S, IT'S IT'S SEEMS TO BE, YOU KNOW, THANK YOU FOR THAT. I WOULD POINT OUT SIMPLY FOR MY COUNCIL MEMBERS AND STAFF THAT EMPLOYING YOUR FIRM BETWEEN YOU AND LORENA AND THE REST OF THE TEAM THERE IS VITAL TO THE TOWN OF PROSPER. WE THE ISSUES YOU POINTED OUT THAT WE ADVANCED AS FAR AS WE DID COULD NOT HAVE HAPPENED WITHOUT YOU GUYS HELP AND PRESENCE THERE AT THE CAPITOL. SO I JUST WANT TO SAY THANK YOU VERY MUCH. AND IT MORE IT IT DOESN'T LEVEL THE PLAYING FIELD FOR US AGAINST A LARGE CITY SUCH AS DALLAS, BUT
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AT LEAST GIVES US AN OPPORTUNITY. SO THANK YOU FOR ALL OF YOUR EFFORTS. AND THEN I WOULD OPEN IT UP FOR THE LEGISLATIVE COMMITTEE TO WEIGH IN AND THEN. YEAH, YEAH, I'D LIKE TO ECHO THE MAYOR'S SENTIMENTS THERE FOR YOU, JAKE, AS WELL AS LORENA. IT, IT IT IS ONE OF THOSE THINGS WE BEFORE WE HAD YOU GUYS, WE KIND OF DIDN'T KNOW. WHAT WE DIDN'T KNOW. DOESN'T MEAN THE ROAD GOT NECESSARILY EASIER ALL THE TIME, BUT WE REALLY KIND OF STARTED TO LEARN WHAT WE WERE UP AGAINST. AND I THINK WE HAVE MADE A LOT OF STRIDES. WE'VE COME MILES AND MILES AND MILES FROM WHEN I FIRST GOT ELECTED, IT WAS, YOU KNOW, WHOSE OFFICE IS WHERE. AND, YOU KNOW, AND THEN I THINK WHEN YOU GUYS CAME ON BOARD, IT WAS REALLY NOT JUST KNOWING WHAT AND HOW TO DO IT, BUT REALLY HAVING A STRATEGY ON HOW WE WERE GOING TO APPROACH THESE ISSUES. AND IT'S KIND OF INTERESTING THE WAY THIS THING HAS EVOLVED OVER THE YEARS WITH LEGISLATION AND PROSPER. IT WASN'T A BIG DEAL, YOU KNOW, YEARS AND YEARS AGO NOW IT REALLY IS. AND AND SO THANK GOODNESS WE HAVE A TEAM LIKE YOU GUYS, A BOARD WITH US TO KIND OF GO ARM AND ARM AND HELP US GET THROUGH THESE, THROUGH THESE DIFFICULT ISSUES.THANK YOU. KAREN. THIS BEING MY FIRST YEAR ON THE LEGISLATIVE COMMITTEE, I HAVE TO SAY Y'ALL DID A FANTASTIC JOB AND I'M VERY PROUD. I WAS VERY PROUD TO TO SEE WHAT YOU ALL DID IN THIS LEGISLATIVE SESSION. AND I LOOK FORWARD TO TO THE NEXT SESSION, BECAUSE I THINK WE'LL EVEN HAVE GREATER STRIDES. AND SO THANK YOU FOR FOR YOUR HARD WORK. THANK YOU, I APPRECIATE IT, I REALLY DO. I'LL SAY THIS, YOU KNOW, TEXAS IS NOW, I THINK, GOING TO BE RANKED THE SEVENTH LARGEST ECONOMY IN THE WORLD. I MEAN, YOU KNOW, WE'RE AT 34 MILLION, YOU KNOW, RESIDENTS AND GROWING AT A RATE OF ABOUT 1300 THAT MOVE IN A DAY. I THINK, YOU KNOW, WE'RE AS EVERYONE KNOWS, I MEAN, THE TOWN OF PROSPER IS IN A DIFFERENT YOU'RE COMPETING WITH CITIES ALL AROUND NORTH TEXAS FOR ALL SORTS OF THINGS, RIGHT? BUSINESSES, RESIDENTS, DEVELOPMENT, YOU KNOW, AND IT JUST KEEPS COMING. AND SO, YOU KNOW, THE WAY OUR LEGISLATURE IS DESIGNED, I MEAN, COMPRESS TIMES, YOU KNOW, SIX MONTHS, BASICALLY EVERY TWO YEARS. IT'S IT'S TOUGH, YOU KNOW, I MEAN, IT'S TOUGH IN THE SENSE THAT, YOU KNOW, YOU GOT TO GET DOWN THERE AND YOU'VE GOT TO GET TO WORK AND, AND YOU NEED TO BE DOING ALL OF WHAT YOU'RE DOING.
I MEAN, NOBODY HERE IS, YOU KNOW, FULL TIME, YOU KNOW, SERVING AS A FULL TIME JOB AS A CITY COUNCIL PERSON. AND SO IT'S A CHALLENGE. AND SO I APPRECIATE IT. AND I APPRECIATE, YOU KNOW, THE WORK YOU ALL DO WITH YOUR STATE REPRESENTATIVES BECAUSE IT SHOWS, BECAUSE THEY JUMP IN AND THEY ARE READY TO HELP THE TOWN. AND THAT MAKES A DIFFERENCE. AND AND I'LL SAY THIS, THEY'RE THEY'RE VERY GOOD. YOU HAVE VERY GOOD REPRESENTATION. AND THEY REALLY CARE. AND THEY'RE COMMITTED TO, TO THE, TO THE WORK THEY DO. AND SO THAT SHOWS TOO. AND THAT'S ONE OF THE REASONS WHY WE HAVE BEEN ABLE TO BE EFFECTIVE WITH SOME ISSUES THAT ACTUALLY, YOU KNOW, DID HAVE SOME STRONG OPPOSITION IS BECAUSE WE HAVE REALLY GOOD PEOPLE LIKE THAT WORKING ALONGSIDE US TO HELP. DO YOU KNOW THE THINGS THAT WE'RE TRYING TO ACCOMPLISH? SO THANK YOU FOR THAT, I APPRECIATE IT. WE CERTAINLY DO TRY TO WORK HARD. ANY OTHER COMMENTS FROM COUNCIL QUESTIONS? OKAY. I HAVE A QUESTION. EARLIER IN THE SLIDES THERE WAS ONE THAT MENTIONED THERE WAS ONE VETO. WHAT WAS THAT? THE HEMP BILL.
IT GOT IT GOT VETOED AT THE START OF THE AFTER THE FIRST. YEAH. I GUESS THAT WAS THE HEMP BILL. YEAH. THE AND YOU KNOW, I MEAN THAT'S OBVIOUSLY BEEN A SUBJECT OF A LOT OF DEBATE. AND GOVERNOR, YOU KNOW, LIEUTENANT GOVERNOR ON SEPARATE SIDES, YOU KNOW, MAYBE MAYBE IT'S CHANGING.
YOU KNOW, IT COULD BE A LITTLE BIT, BUT FOR AT LEAST AT THAT POINT IN TIME, NOT NOT ALIGNED.
IN REGARDS TO THE REDISTRICTING PIECE, I KNOW THAT THAT WILL HAVE TO GO THROUGH COURTS AND THOSE KIND OF THINGS. THEY'RE SUPPOSED TO TAKE EFFECT NEXT YEAR. DO YOU DO YOU HAVE ANY FEELING ON THE STABILITY OF THAT? BECAUSE I KNOW SOME OF IT CHANGES FOR OUR REPRESENTATION, INCLUDING SOME OF THE PEOPLE THAT HAVE SPONSORED SOME OF THESE BILLS. RIGHT. THERE'S A CASE, AN OPEN CASE FROM LIKE TWO CYCLES AGO, BELIEVE IT OR NOT, IN EL PASO. AND SO THEY JUST FOLDED THIS REDISTRICTING INTO THAT CASE. SO IF THAT TELLS YOU ANYTHING, WHAT THEY CHANGED BACK IN LIKE 21 IS STILL THE SUBJECT OF THE SUIT IN EL PASO. AND SO THESE CHANGES ARE NOW FOLDED INTO THAT CASE. SO THEY JUST WERE HOLDING HEARINGS OVER THE LAST WITHIN THE LAST FEW WEEKS OUT THERE. THEY DON'T HAVE THE JUDGE HASN'T RULED. BUT YOU KNOW, IT'S A GOOD BET JUST BASED ON PAST HISTORY, THAT THE SEATS WILL CERTAINLY HOLD FOR THIS CYCLE. YOU KNOW, WHAT HAPPENS BEYOND OR IF THE COURTS, YOU KNOW, FIND A WAY TO MAKE DECISIONS OR THEY GET TOLD TO MAKE CHANGES, WE'LL JUST HAVE TO SEE WHAT THE FUTURE HOLDS.
BUT I THINK FOR NOW, THEY WILL ALL STAY AS THEY ARE DRAWN FOR THIS RACES TO BE RUN, FOR THE ELECTIONS TO HAPPEN ON THE TIME THAT THEY'VE BEEN SCHEDULED TO OCCUR. SO. SO YOU'RE SAYING THAT THE REDISTRICTING ONES WILL HOLD THIS NEXT RACE? YES, YES, WE'RE GOING TO BE REDISTRICTED. AND CONGRESSIONAL WISE, I CAN DO IT. ONE ONE CONGRESSMAN. RIGHT. TWO, TWO I
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THINK IT'S TWO, OKAY. ONE IN DENTON COUNTY AND ONE ON THE BUT WE'RE LOSING OUR CURRENT ONE. WE'LL LOSE ONE OF OUR CURRENT. WE'LL COME OUT OF THE I THINK IT'S OUT OF THE FOURTH DISTRICT ITSELF. SO LOTS OF CHANGES. YEAH. THANK YOU. ANY OTHER QUESTIONS. THANK YOU VERY[CONSENT AGENDA]
MUCH. WE APPRECIATE IT. THANK YOU. AT THIS TIME WE'LL MOVE TO THE CONSENT AGENDA. ITEMS PLACED ON THE CONSENT AGENDA ARE CONSIDERED ROUTINE IN NATURE. NON-CONTROVERSIAL. THE CONSENT AGENDA CAN BE ACTED UPON IN ONE MOTION. NON-CONTROVERSIAL. ROUTINE PLANNING AND ZONING ITEMS, WHERE THERE IS NO OPPOSITION, WERE UNANIMOUSLY APPROVED BY THE PNC COMMISSION AND WERE NO COMMENTS IN OPPOSITION HAVE BEEN RECEIVED BY THE TOWN COUNCIL PRIOR TO THE MEETING. MAY BE ACTED UPON DURING THIS PORTION OF THE MEETING. ITEMS MAY BE REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCIL MEMBERS OR STAFF. IS THERE ANYONE THAT WOULD LIKE TO PULL AN ITEM FROM THE CONSENT AGENDA? COUNCILMEMBER RAY YES, I'D LIKE FIVE, 12 AND 14. ALL RIGHT. THANK YOU. DO I HAVE A MOTION TO APPROVE THE REST OF THE ITEMS? THAT'S TWO THROUGH FOUR, SIX THROUGH 11 AND 13. OKAY. WE HAVE A MOTION BY[5.Consider and act upon an Ordinance amending the Code of Ordinances by amending Section 1.09.008, “Bicycle and Electric Bicycle riding and skating in Parks and on Bike Trails,” of Article 1.09, “Parks and Recreation,” of Chapter 1, “General Provisions,” to provide for a speed limit for electric bicycles in Parks and on Bike Trails; Amending Chapter 12, “Traffic and Vehicles,” by adding a new Article 12.10, “Regulations Specific to Electric Bicycles, Pocket Bikes or Mini Motorbikes”. (TW)]
COUNCILMEMBER KERN, SECOND BY AMY BARTLEY. ALL IN FAVOR? THAT MOTION PASSES UNANIMOUSLY. ITEM NUMBER FIVE, CHIEF. GOOD EVENING, MAYOR AND COUNCIL. MISTER MANAGER, STAFF AND CITIZENS, ALL THANK YOU FOR ALLOWING ME THIS OPPORTUNITY TO SPEAK TO YOU TODAY. WE'RE BACK AGAIN TALKING ABOUT THE E-BIKES, THE MOTORCYCLES. AND WE CAME BACK HERE. WE WERE HERE TWO WEEKS AGO AND WE MADE SOME RECOMMENDATIONS TO YOU ALL ABOUT PROPOSED ORDINANCE AMENDMENTS FOR THE BACKGROUND FOR EVERYBODY. I'LL HIT IT REAL QUICKLY. THE BACKGROUND AND CONTENT IS THAT WE ARE EXPERIENCING A PROLIFERATION OF BICYCLES AND MOTORCYCLES IN OUR TOWN, AND IT'S A VERY, VERY LARGE SAFETY CONCERN AND HAS ALSO PROPERTY DAMAGE, CONCERN TO PRIVATE PROPERTY AND TO PUBLIC PARKS. WE'VE EXPERIENCED THAT. UNFORTUNATELY, MANY OF THE PARENTS DON'T UNDERSTAND WHAT THE DEVICES ARE THAT THEY'RE BUYING FOR THEIR CHILDREN. SO WE'VE ENCOUNTERED THAT AND THERE'S A LOT OF THINGS GOING ERRANT BY WAY OF BACKGROUND. AGAIN, STATE LAW COVERS, COVERS THE MOTORCYCLES. I COVERED THAT TWO WEEKS AGO. I WON'T GO INTO A WHOLE LOT OF DETAIL ABOUT IT HERE NOW, BUT IT IS CONSIDERED A MOTOR VEHICLE BY THE STATE OF TEXAS. THEREFORE, IT IS GOVERNED BY THE MOTOR VEHICLE LAWS. BY DEFINITION OF MOTOR MOTORCYCLE HAS AN ENGINE OVER 750 AND IT'LL GO FASTER THAN 28 MILES AN HOUR. MINI MOTORCYCLES. POCKET BIKES ARE NOT AUTHORIZED FOR STREET USE. THEY ARE FOR OFF ROAD PRIVATE PROPERTY USE. AGAIN, STATE LAW DOES COVER E BICYCLES. THEY'RE DIVIDED INTO THREE CLASSES. BASICALLY, CLASS ONE GOES UP TO 20 MILES AN HOUR. IT'S PEDAL ASSISTED. CLASS 220 MILES AN HOUR, PEDAL ASSISTED CLASS THREE GO UP TO 28 MILES AN HOUR, AND YOU HAVE TO BE AT LEAST 15 YEARS OLD TO OPERATE ONE OF THOSE AND BE WEARING A HELMET. THAT'S ALL THAT STATE LAW SAYS ABOUT IT. IT'S PRETTY SILENT ABOUT THE REST OF IT. SO WE'VE COME BACK ON A COUPLE OF TIMES TRYING TO THERE'S BEEN A LOT OF COMPLAINTS FROM CITIZENS, A LOT OF INCIDENTS, TRYING TO GET SOME GOVERNANCE OVER THE BICYCLES. WE WERE HERE ON APRIL THE 8TH. WE ADOPTED SOME ORDINANCES. THEN HE BICYCLES WERE CLASSIFIED AS MOTOR VEHICLES AND THAT YOU CAN'T RIDE THEM ON SIDEWALKS AND WHAT HAVE YOU. WE CAME BACK AGAIN ON JULY 22ND BECAUSE WE WERE GETTING EXPERIENCING A LOT OF DAMAGE IN OUR PARKS, AND BASICALLY THEY WERE PROHIBITING SPECIFIC AREAS OF THE PARKS. AGAIN, TWO WEEKS AGO, ON OCTOBER THE 14TH, WE CAME HERE WITH SOME ADDITIONAL RECOMMENDATIONS. SO WE GOT WITH OUR TOWN ATTORNEY AND CAME TO YOU ALL MADE SOME RECOMMENDATIONS. AND THESE ARE THE CURRENT RECOMMENDATIONS AND CHANGES. SECTION 1.09 OF THE PARKS AND RECREATION WERE RECOMMENDING THAT THERE'LL BE THAT LAST LINE THERE. MAXIMUM SPEED OF ELECTRIC BICYCLES BE TEN MILES PER HOUR UNLESS OTHERWISE RESTRICTED. THE REST OF THAT PART ABOVE IT IS WHAT WE PUT INTO PLACE BACK IN APRIL.CHAPTER 12 IS WHERE MOST OF THE CHANGES ARE AND IT'S TRAFFIC AND VEHICLES, CODE OF ORDINANCES AND OUR TOWN'S CODE OF ORDINANCES. ARTICLE 12.10 REGULATIONS SPECIFIC TO ELECTRIC BICYCLES, POCKET BIKES AND MINI MOTOR BIKES. BASICALLY, IT SAYS THAT IT HAS TO HAVE A
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PERMIT PERMIT ISSUED TO IT. IT'S FREE. IT'LL BE ISSUED BY THE POLICE DEPARTMENT. THERE'S ABOUT 13 STEPS IN THERE THAT'S REQUIRED. I'LL SPARE YOU ALL THOSE. BUT IF SOMEBODY ISN'T OPERATING THEM CORRECTLY, WE CAN ALSO REVOKE ANY OF THOSE PERMITS THAT ARE GIVEN TO HIM.IT WOULD ALSO HELP US IDENTIFY WHO THE BICYCLE USERS ARE. IF THERE ARE DAMAGE OR SOMEBODY GETS, THERE'LL BE NUMBERED. AND IF SOMEBODY GETS VIDEO OR WE GET VIDEO OF THEM USING IT.
SECTION 12.10 .002 AND SAFETY REGULATIONS FOR SPECIFICALLY FOR ELECTRIC BIKES. THERE'LL BE NO WEARING OF ANY HEADPHONES OR EARBUDS, EARPLUGS OR OTHER NOISE REDUCTION DEVICES. THEY CAN'T CARRY A PASSENGER ON THEIR E-BIKE UNLESS IT IS DESIGNED FOR ANOTHER PASSENGER, OR IF IT'S A CHILD SEAT THAT'S PROPERLY SECURED. THEY CANNOT OPERATE THE BICYCLE AFTER DUSK UNLESS IT IS EQUIPPED WITH THE FRONT LIGHT AND REAR REFLECTORS OR REAR LIGHT. AND THERE'S THIS DISTANCE REQUIREMENTS ON THAT. NO PERSON UNDER THE AGE OF 15. THIS IS STATE LAW UNDER THE AGE OF 15 SHALL OPERATE A CLASS THREE ELECTRIC BICYCLE, AND NO PERSON UNDER THE AGE OF 16 SHALL OPERATE ELECTRIC BICYCLE WITHOUT WEARING A HELMET THAT IS PROPERLY FITTED, IS NOT STRUCTURALLY STRUCTURALLY DAMAGED, AND CONFORMS TO THE CURRENT STANDARDS OF THE HELMET RIDING INDUSTRY IN THIS THAT'S SPECIFIED IN THE ORDINANCE. WE ALSO PUT IN THERE THAT 12.10 TO GO BACK TO THE PARKS, SAY THAT ONCE AGAIN, IT'S IN THERE IN A SECOND PLACE, THE OPERATION ELECTRIC BICYCLE IN THE TOWN PARK BIKE TRAIL, INDOOR FACILITY SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE 1.09 OF THE CODE OF ORDINANCES. THEN FINALLY, WE GET TO THE PENALTIES AGAIN. THE TRAFFIC CODE 12.10 .005. ANY PERSON VIOLATING THE ARTICLE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON CONVICTION THEREOF, SHALL BE FINED AN AMOUNT NOW NO LESS THAN $250 UPON A SECOND CONVICTION WITHIN ONE YEAR PERIOD, THE FINE JUMPS UP TO $500. THE LAST SECTION IN THERE SAYS THAT POCKET BIKES AND MINI MOTORBIKES ARE GOVERNED BY STATE LAW. BY CHAPTER FIVE FIVE OF THE TEXAS TRANSPORTATION CODE. SO THAT'S BASICALLY WHERE THE CHANGES ARE THAT WE HAD RECOMMENDED LAST WEEK. LAST MEETING TWO WEEKS AGO. AND THAT'S WHAT'S IN THE ORDINANCE. THANK YOU. THANK YOU CHIEF. YEAH THANK YOU CHIEF. MY QUESTION REALLY IS AROUND THE SCREEN YOU'VE GOT UP RIGHT NOW. AND I WOULD JUST TELL YOU THIS IS A I NEVER WOULD HAVE THOUGHT WE WOULD HAVE HAD SO MUCH ENGAGEMENT ON THIS ITEM. I POSTED SOMETHING OUT THERE AND HAD PROBABLY 150 COMMENTS AND PROBABLY DOUBLE THAT IN, YOU KNOW, MENTIONS OR WHATNOT. BUT MY QUESTION REALLY IS AROUND ITEM A, BECAUSE IN THE LAST PRESENTATION, WE TALKED ABOUT IF THERE WAS A CITATION TO BE HAD, AND I APPRECIATE THE TOWN ATTORNEY RESPONDING BACK LATE TO MY QUESTION LAST NIGHT. BUT IF THERE WAS A VIOLATION AND PER ONE OF YOUR PREVIOUS POINTS, THE RIDER WAS 15 YEARS OR YOUNGER AND THEY'RE OPERATING IT ON STREETS AND WHATNOT. THE COMMENT THAT I HEARD WAS THAT THE, THE, THE CITATION WOULD BE TO THE OFFENDER AND THEN ALSO TO THE RESPONSIBLE OR GUARDIAN PARTY. AND THERE IS NO LANGUAGE IN THIS PARTICULAR ORDINANCE THAT REFERENCED THE. WELL, IT'S NOT IN THE ORDINANCE UNDER STATE LAW, IF THEY'RE OPERATING A MINI MOTOR CYCLE OR POCKET BIKE OR MINI MOTORCYCLE, THAT IS UNDER THE STATE LAW AND UNDER 551, WE CAN ISSUE THE PARENT A CITATION FOR ALLOWING AN UNLICENSED OPERATOR TO OPERATE A MOTOR VEHICLE. SO IN THAT PARTICULAR INSTANCE, WE CAN ISSUE THE PARENTS CITATION. OKAY. SO I GUESS FOR CLARITY, FOR THOSE THAT WOULD READ THIS ORDINANCE BY ITSELF, THEY WOULDN'T ON THE BICYCLE. NO. THE BICYCLES ARE IN AND OF THEMSELVES NOT CURRENTLY UNDER THE STATE LAW. COULD WE ISSUE THE PARENTS? HOWEVER UNDER 15 THEY WOULD HAVE TO COME INTO COURT WITH THEIR PARENTS, BRING THEIR PARENTS WITH THEM, AND I'M PRETTY CERTAIN IT'S THEIR PARENTS ARE GOING TO END UP PAYING THAT FINE. SO TO CLARIFY, THE CITATIONS ISSUED TO THE JUVENILE. YEAH, TO THE RIGHT DRIVER. SO IT'S NOT TO THE PARENT, BUT WHOEVER PAYS IT, IT'S STILL THE JUVENILES OFFENSE. OKAY. AND IT GETS CONFUSING BECAUSE THERE'S A REAL DISTINCTION BETWEEN MOTORCYCLES AND E-BIKES. THE MOTORCYCLES ARE MOTOR VEHICLES AND THE STATE LAW GOVERNS THOSE. AND PARENTS CAN BE CITED FOR ALLOWING AN UNLICENSED TO OPERATE THAT. AND THEN WE CAN ALSO TOE THE TOE THAT MOTORCYCLE IN BECAUSE UNDER CURRENT LAW IF IT'S IT'S NOT GOING TO BE INSURED. SO IT'S NOT GOING TO HAVE A LICENSE PLATE. IT'S HE'S NOT THEY'RE NOT GOING TO HAVE A DRIVER'S
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LICENSE AND THEY'RE NOT GOING TO HAVE INSURANCE ON IT. SO WE WILL TOW THAT IN. AND THAT'S A ANOTHER KIND OF PENALTY FOR RIDING IT OUT THERE IN OUR STREETS. OKAY. YEAH. MY, MY MY CONCERN WITH WITH WITH THIS ORDINANCE IS IT'S VERY HARD TO COMMUNICATE. AND IT'S GOING TO BE VERY HARD TO GET THIS OUT TO THE RESIDENTS FOR THEM TO WHERE THEY UNDERSTAND. I MEAN, IT'S NOT A E-BIKE HAS PEDALS AND THEN YOU'VE GOT MOTORCYCLE. IT'S NOT THAT SIMPLE. AND TO ME, WE'VE GOT TO SOMEHOW SIMPLIFY IT A LITTLE BIT MORE TO MAKE IT. AND I DON'T KNOW HOW TO DO THAT.SO I THINK THAT'S THE CHIEF'S I'M SPEAKING FOR THE CHIEF. I THINK THAT'S THE IDEA OF HAVING THE PERMIT. SO, HEY, LOOK, YOU GOT TO HAVE A PERMIT, PERIOD. YOU BRING, YOU BRING YOUR E-BIKE, YOUR WHATEVER, THEY'RE GOING TO GIVE YOU A PERMIT IF IT IS FITS THE CATEGORIES THAT IT FITS UNDER. AND IF IT'S A MOTORCYCLE, CLEARLY THEN THERE NEED TO HAVE ALL THE THE INSURANCE DRIVER'S LICENSE, ALL THE OTHER STUFF. SO THAT HOPEFULLY IS THE IDEA. I'M SPEAKING FOR THE CHIEF. I BELIEVE THAT'S MY UNDERSTANDING OF WHAT YOU'RE DEAD ON. YOU'RE CORRECT ABOUT THAT. ADDITIONALLY, I DIDN'T WANT TO BORE YOU ALL WITH IT AGAIN, BUT THE LAST TIME WE WERE HERE, WE WERE TALKING ABOUT OUR EDUCATION CAMPAIGN. WE'RE GOING TO GET OUT THERE. WE'RE GOING TO GET WITH THE SCHOOL DISTRICT, THE SCHOOL DISTRICT POLICE DEPARTMENT, HAVE AN EDUCATION CAMPAIGN. TODD IS GOING TO PUT IT ALL OUT THERE ON THE SOCIAL MEDIA, SOCIAL MEDIA PLATFORMS. OUR FRIENDS FROM THE MEDIA WILL HELP US GET THAT INFORMATION OUT THERE. THEY'RE HERE RIGHT NOW TO GET THAT OUT TO THE FOLKS. ADDITIONALLY, THE HOMEOWNERS ASSOCIATIONS ARE ALL ON BOARD WITH THIS. THEY'RE GOING TO BE PUTTING OUT NEWSLETTERS TO THEIR HOA RESIDENTS, AND WE HOPE TO GET IT OUT THERE SINCE THERE IS ONE NEW DEVELOPMENT. SINCE I LAST CHATTED WITH YOU, I HAVE TALKED TO THE CHIEF UP IN SALINA. THEY ARE EXPERIENCING THE SAME PROBLEMS WE ARE AND THEY'RE VERY INTERESTED IN WHAT WE DO HERE AND NOW. AND THEY WILL PROBABLY. I CAN'T SPEAK FOR THEM, BUT THEY WILL PROBABLY MIMIC SOMETHING VERY SIMILAR TO OURS. SO IT'S A CONTINUOUS, CONSISTENT PROGRAM BETWEEN THE TWO ADJACENT CITIES AND NO CONFUSION TO THE FOLKS. ADDITIONALLY, THIS ISN'T A PROBLEM JUST HERE. ALSO, YESTERDAY I GOT CONTACTED BY THE KELLER POLICE DEPARTMENT.
THEY'RE EXPERIENCING THE SAME ISSUES, AND THEY WANT TO KNOW WHAT WE'RE DOING AND HOW WE'RE RESPONDING TO IT. SO IT'S IT'S INFORMATION THAT NEEDS TO BE GETTING OUT THERE. BUT YES, WE WANT TO EDUCATE EVERYBODY. ADDITIONALLY, WE'RE GOING TO PUT ON BICYCLE CLASSES, BICYCLE RODEOS A COUPLE OF TIMES A YEAR TO GET THOSE FOLKS IN WITH THE PERMITS. AND THAT'S SUPPOSED TO HAVE THEM THE MOTORCYCLES, IF THEY IF THEY SHOW UP WITH ONE OF THOSE, THEY WILL NOT GET THE STICKER AND THEY'LL BE INFORMED WHAT THEY NEED TO DO BY STATE LAW. SO QUESTION FOR YOU WITH THE PERMITTING, IS THIS A PRINT A FORM OUT, FILL IT OUT, SEND IT IN, OR BRING IT IN TO KNOW WHAT IT IS. THERE'LL BE A FORM THAT THEY HAVE TO FILL OUT. IT'S SPELLED OUT IN THE ORDINANCE VERY SPECIFICALLY. WE'LL GET THE PERSON'S NAME, BIRTHDAY, HOME ADDRESS, WHERE IT'S GOING TO BE. THEY HAVE TO BRING THE BICYCLE, BICYCLE TO THE POLICE STATION, BE INSPECTED BY ONE OF MY OFFICERS WHO WILL GET THE SERIAL NUMBER, AND I VEHICLE IDENTIFICATION NUMBER, AND AFFIX THE STICKER HIMSELF TO IT. AND AT ANY POINT IF SOMEONE STARTS GETTING THESE CITATIONS OR THEY MODIFY THE BIKE IN ANY WAY BECAUSE WE KNOW THE BIKES ARE CAPABLE OF, I DON'T WANT TO TELL EVERYBODY HOW TO DO IT, BUT THERE'S VIDEOS OUT THERE THAT ALL THEY HAVE TO DO IS CUT ONE WIRE AND THE GOVERNOR IS IS DISABLED, AND EVEN THE BICYCLES CAN GO UP TO 50 MILES AN HOUR. WE WILL REVOKE THE PERMITS ON ANY OF THOSE VEHICLES. OKAY. AND ONE LAST CLARIFICATION. IT WAS IN THE POLICY IN OUR PACKETS. BUT I UNDERSTAND THAT MAYBE WE'VE ADJUSTED. THAT WAS THE THE WINDOWS OF TIME TO GET A PERMIT FROM 9 TO 4 BUSINESS HOURS I THINK. YEAH. WE HAVE TO LOOK AT THOSE BECAUSE WE NEED TO MAKE IT. WE'RE GOING TO HAVE TO ADJUST THAT A LITTLE BIT BECAUSE WE'LL PROBABLY GET COMPLETELY INUNDATED. WHAT WE'D LIKE TO DO IS SET UP AN APPOINTMENT SYSTEM WHERE YOU CAN CONTACT US ON BUSINESS TIMES, BE, YOU KNOW, MONDAY THROUGH FRIDAY, 9 TO 4, BUT THEN WE'RE GOING TO HAVE TO SET UP APPOINTMENTS FOR FOLKS BECAUSE IT'S NOT AS SIMPLE AS HERE'S YOUR PERMIT AND WE HAVE TO INSPECT THEM AND EVERYTHING. AND WE DON'T WANT TO HAVE LIKE SEVERAL HUNDRED PEOPLE WAITING OUTSIDE FOR THAT. WE DON'T WANT TO TURN IT INTO THE DEPARTMENT OF MOTOR VEHICLES. SO WE WILL WE WILL WORK WITH FOLKS AND SET UP APPOINTMENTS WHERE THEY CAN BE INSPECTED. AND AND THE THE PERMIT ISSUED, I THINK MAYBE EVEN A ROTATING WHERE YOU'RE IN THE NEIGHBORHOODS OR THE HOA'S WHERE THEY BRING THEM BECAUSE TO BRING THEM TO THE POLICE STATION, IF YOU LIVE ON THE WEST SIDE, NOT EVERYBODY HAS PICKUP TRUCKS OR WHATNOT. I JUST WE NEED TO MAKE IT ACCESSIBLE FOR THEM TO GET REGISTERED. YES. SO THAT, YEAH, WE CAN DO THAT TOO. WE CAN MAKE IT VERY CONVENIENT. WE CAN GO TO THE WE CAN GO TO THE HOA'S. WE CAN GO TO THE SCHOOLS WHEREVER WE SET IT UP. WE WE'D LIKE TO WORK WITH THE SCHOOL DISTRICT POLICE TO BECAUSE WE
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KNOW WHERE THEY BUY BICYCLES AND MOTORCYCLES ARE FOR THE MOST PART DURING DURING SCHOOL DAYS, SO WE CAN LOCATE THEM. OKAY, I THINK ALONG THOSE SAME LINES, AS COUNCILMAN RAY WAS SAYING, MAYBE WE SHOULD TAKE THIS UP, TODD, IN OUR NEXT CEC MEETING, JUST TO KIND OF GET A GOOD IDEA FROM THAT GROUP. YOU KNOW, THEY THEY LIVE ALL OVER PROSPER. SO, YOU KNOW, MAYBE THEY CAN BRAINSTORM SOME COMMUNICATION IDEAS, SOME HOW TO GET PEOPLE MORE ENGAGED WITH THE PERMITTING. AND WE'VE TALKED ABOUT THIS BEFORE AS WE COME UP ON CHRISTMAS, MAKING SURE PARENTS UNDERSTAND THE BUYING, WHAT'S GOING TO HAPPEN. AND I THINK ONE QUESTION I'VE GOTTEN PERSONALLY IS, AND I'M SURE EVERYBODY ELSE HAS TOO, IS IF WE'RE GOING TO MAKE THIS ORDINANCE, WHERE CAN MY KIDS RIDE THEIR BIKE, THEIR E-BIKE? AND SO I THINK WE NEED TO, YOU KNOW, WE COULD DO THE POSITIVE SPIN, TOO, OF, YOU KNOW, THIS IS WHAT YOU CAN DO, YOU KNOW, AND THEN SO SOMETHING FOR US TO TAKE UP. YEAH. WELL LET'S SOMETHING WE ARE WORKING WITH THE COMMUNICATIONS DEPARTMENT, ALSO WITH THE PARKS DEPARTMENT. AND THEY'RE GOING TO BE INVOLVED IN THAT. AND THAT'S WHERE WE'LL BE SETTING UP MOST OF THE BICYCLE RADIOS AND INSTRUCTION AREAS, AND NOT ONLY INSPECTING BIKES, BUT GIVING RULES OF THE ROAD, HOW TO OPERATE THEM, WHERE THEY CAN OPERATE THEM AND BE LEGAL. SO, CHIEF, I THINK I DON'T THINK I HEARD ANYBODY MENTION IT, BUT THE THE ENFORCEMENT DATE OF THIS PARTICULAR ORDINANCE IS DECEMBER 1ST, CORRECT? RIGHT. SO WE NEED SOME TIME TO GET THE MESSAGE OUT THERE AND ALSO TO GET OUR REGISTRATION PROCESS RIGHT. SO THERE'S TWO TWO PHASES OF THAT ONE. WE GOT 30 DAYS OF EDUCATION. AND THEN TO THE PARENTS WHO MAY SEE THIS PARTICULAR MEETING OR ORDINANCE, THE POINT THERE IS DON'T BUY THEM FOR CHRISTMAS FOR YOUR KID. AND AND THAT'S WHY WE THAT'S WHY WE GOT HERE LAST WEEK AND THIS WEEK BEFORE EVERYBODY GOES OUT AND STARTS CHRISTMAS SHOPPING AND BUYING THE WRONG THINGS AND GETTING THE WRONG EQUIPMENT. RIGHT. AND FOR THEIR CHILDREN. AND WE DON'T WE DON'T LIKE BEING THE FUN POLICE. BUT BUT WE DO HAVE TO KEEP PEOPLE SAFE AND MAKE SURE THAT THEY GET THE RIGHT. THE RIGHT BOTTOM LINE IS WE DID HAVE AN ACCIDENT INVOLVING AN E-BIKE. YES, WE DID RECENTLY, AND THIS ORDINANCE WILL HOPEFULLY KEEP SOMEONE FROM GETTING SERIOUSLY INJURED. AND REMINDER TO PARENTS OUT OF THIS IS THAT IF YOU WANT TO GET YOUR YOUR KID AN E-BIKE, MAKE SURE YOU HAVE A PERMIT. SO YEAH. YES, SIR.ABSOLUTELY. AND AND WHILE IT'S BEEN THE POLICE STANDING HERE ALL THE TIME TALKING ABOUT IT, I KNOW THE FIRE CHIEF SUPPORTS US ON THIS. BECAUSE IF ANYBODY GETS HURT ON ANY OF THESE, IT'S HIS MEN AND WOMEN THAT HAVE TO RESPOND IN THE IN THE MEDIC UNITS AND TAKE CARE OF THE INJURIES. OKAY. WITH THAT, I TAKE A MOTION ON THIS ORDINANCE, MAKE A MOTION TO APPROVE. I
[12.Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding CSP No. 2025-17-B to Roadway Solutions Inc., related to construction services for the Teel Parkway at Prairie Drive traffic signal project, for $517,548.75. (HW)]
HAVE A SECOND SECOND BY CAMERON RAY. ALL IN FAVOR? MOTION PASSES UNANIMOUSLY. THANK YOU CHIEF. THANK YOU VERY MUCH. ITEM NUMBER 12 IS HULIN. GOOD EVENING, MAYOR AND COUNCIL. LET COUNCIL MEMBER RAY JUST ADDRESS WHATEVER THE ISSUE RATHER THAN HAVING A PRESENTATION, I CAN DO PRESENTATION. THANK YOU. AND THIS IS JUST MORE FOR MY CLARITY, BECAUSE WHEN I REVIEWED THIS IN THE PACKET, WHAT WE HAVE IS AN ENGINEER'S ESTIMATE OF $415,000. WE PURCHASED PREVIOUSLY POLES FOR THESE. THE LAST INTERSECTION THAT WE PUT IN IS ABOUT 100,000, ROUGHLY LESS THAN THIS. AND IT WASN'T THAT LONG AGO. SO I'M JUST TRYING TO UNDERSTAND WHERE IF WE HAD AN ESTIMATE OF 412 OR 415,000 AND THE WE ONLY GOT TWO BIDS, THE LOWEST ONE BEING 517, I DON'T KNOW, FOR $100,000 IF IT'S PRUDENT TO MAKE THAT DECISION WITH WE JUST HAD AN INTERSECTION WHERE WE WEREN'T PROVIDING THE POLES, AND THE TOTAL AMOUNT OF THAT WAS ABOUT 100,000 LESS THAN WHAT'S BEING PROPOSED TONIGHT. SO I JUST WANT TO UNDERSTAND THE LOGIC BEHIND THIS WITH AND HOW FAR WE'RE OFF ON THAT ESTIMATE OF $100,000. WELL, IF YOU LOOK IN THE PACKET, I THINK IT'S A GREAT QUESTION. YOU CAN SEE THE TWO BIDDERS WE HAD. IF YOU LOOK, WE ORIGINALLY HAD TWO SIGNALS IN THE BID. AND IF YOU LOOK, THERE'S SOME PRETTY BIG DISPARITY BETWEEN THE TWO SIGNALS THAT ARE THAT WERE IN THE BID. SO A LOT OF IT IS NOT JUST THE SIGNAL ITSELF. THE EQUIPMENT, ETC. IT'S WHAT KIND OF IMPROVEMENTS NEED TO BE DONE ON THE GROUND. SO FOR EXAMPLE HERE YOU HAD THE THE TEAL AND PRAIRIE SIGNAL WAS ACTUALLY CHEAPER THAN THE ONE AT FIRST OR ARTESIA BECAUSE OF A LOT OF ADDITIONAL WORK THAT HAD TO BE DONE TO MAKE IT ADA COMPLIANT. SO A LOT OF TIMES WHEN WE'RE LOOKING AT IT'S NOT REALLY APPLES TO APPLES ON A SIGNAL BECAUSE OF ALL THESE OTHER UNDERLYING THINGS THAT NEED TO BE DONE. AND SO ORIGINALLY WE THOUGHT, HEY, WE'RE PURCHASING EQUIPMENT EARLY. THAT SAVES US TIME. BUT WE THOUGHT IT WAS GOING TO SAVE US MONEY BASED ON WHAT WE'RE SEEING HERE. WE'VE[00:50:04]
GOT OUR NEXT SIGNAL, HOPEFULLY AT FIRST. AND EXCUSE ME, LEGACY AND PRAIRIE, WE'RE PROBABLY GOING TO USE THAT ONE AND JUST BID IT TURNKEY AND SEE WHAT KIND OF PRICING ARE WE GETTING.ARE WE REALLY SAVING MONEY BY SEPARATING THE EQUIPMENT OUT FROM THE ACTUAL INSTALLATION? SO TO ANSWER YOUR QUESTION, WE I DON'T HAVE A REALLY GOOD ANSWER FOR YOU EXCEPT FOR IT'S THERE'S SOME VARIATION IN THE COST OF SIGNALS AND THE ONE THAT YOU'RE MENTIONING. I'D BE GLAD TO GO BACK AND ACTUALLY SIDE BY SIDE AND AND ANSWER YOUR QUESTIONS IF YOU LIKE.
YEAH. I JUST I THINK MY CONCERN IS I REMEMBER WHEN WE PURCHASED THOSE POLES AND THE ARGUMENT WAS WE'RE GOING TO BE ABLE TO GET A COST EFFECTIVE SOLUTION IN PLACE AND STATE. AND I JUST I'M HAVING A HARD TIME WRAPPING MY MIND AROUND HOW WE'RE SO FAR OFF ON THE ENGINEER'S ESTIMATE WITH WHAT'S BEING PROPOSED AND SAYING, WE ONLY GOT TWO BIDS LIKE IT ALMOST WOULD BE, I WOULD THINK, BENEFICIAL TO THE COMMUNITY. NOT THAT WE WANT TO DELAY THE INSTALLATION OF THIS, BUT IF WE ONLY RECEIVE TWO BIDS, KNOWING THAT PREVIOUS BIDDERS NOT THAT LONG AGO BID FOR INTERSECTIONS, IT'S $100,000. DELTA, WHICH IS A LARGE COMPONENT OF THIS PARTICULAR INTERSECTION. SO I'M JUST STRUGGLING WITH THE QUANTITY OF OVERAGE THAN WHAT WAS INITIALLY BUDGETED. AND I KNOW THE BUDGET THAT WE HAVE ON THERE IS A HIGH DOLLAR AMOUNT, BUT THAT SHOULD HAVE TAKEN INTO CONSIDERATION. WE ALREADY PAID FOR THE POLES, SO I, I JUST HAVE DIFFICULTY WITH THIS ONE. MAYOR. NO, I COMPLETELY UNDERSTAND. SO I HEAR, I RECOGNIZE, I SYMPATHIZE, EMPATHIZE WITH THE RIGHT WORDS ARE FOR YOU. HOWEVER, I PERSONALLY WOULD. THIS IS A HIGH VISIBILITY INTERSECTION RIGHT THERE IN FRONT OF OUR FIRE STATION AND JUST WEST OF THE HIGH SCHOOL. I WOULD HATE TO DELAY THIS GOING IN NOW. I THINK IT IT SHOULD BE NOTED, AS YOU MENTIONED, FOR THE FUTURE PROJECTS, THAT WE WILL HAVE PLENTY OF THAT. THERE'S SEVERAL THINGS HERE WE NEED TO LOOK AT THE RIGHT, THE MOST COST EFFECTIVE WAY TO BID THE PROJECT RECOGNIZE. WE TRIED TO GET THAT THROUGH EFFICIENTLY, AND THEN A BETTER UNDERSTANDING OF HOW FAR OFF AN ENGINEER'S ESTIMATE IS GOING TO BE FROM REALITY. SO I LIKE I SAID, I ABSOLUTELY UNDERSTAND YOUR POINT. I PERSONALLY WOULD NOT WANT TO DELAY THIS PROJECT TO GO BACK OUT FOR BID AGAIN. I THINK THAT WOULD BE COUNTER PRODUCTIVE. SO I'LL OFFER YOU THE OPPORTUNITY TO MAKE A MOTION OR SOMEONE ELSE TO MAKE A MOTION YOU CAN VOTE AGAINST.
I'LL DEFER. I WOULD LIKE TO MAKE A MOTION ON THIS ITEM. MAKE A MOTION TO APPROVE ITEM NUMBER 12. I HAVE A MOTION FROM AMY BARTLEY. I HAVE A SECOND, SECOND, SECOND JEFF HODGES. ALL IN FAVOR? ANY OPPOSED? MOTION PASSES 6 TO 1. THANK YOU VERY MUCH. THANK YOU. ITEM NUMBER 14.
[14.Consider and act upon whether to direct staff to submit a written notice of appeals on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on Preliminary Site Plans and Site Plans. (DH) ]
AGAIN. THIS WILL BE THIS WILL BE MR. HOOVER. AND IT'LL ASK MARCUS JUST TO VOICE HIS THOUGHTS ON THIS ONE BEFORE WE HAVE A PRESENTATION. CAMERON. MR. DO YOU WANT MR. HOOVER OR MR. BAKER THERE? ATTACK TEAM. IT'S FINE. ALRIGHT. TAG TEAM PLEASE. GREW UP WATCHING WWF.THIS IS GOOD STUFF. GET THE VON ERICH CLAW OUT. YEAH. LIKE WHAT? ANSWER WILL GIVE YOU ANOTHER ONE. NO. OKAY, SO MY QUESTION IS ON THIS ONE REALLY IS YOU LOOK AT THE PARK AND KNOWING WHERE IT'S CONCENTRATED, I SEE THERE'S TWO PARKING SPACES THAT ARE PROPOSED AND WITH ONE HANDICAPPED PARKING I GUESS MY MY QUESTION REALLY IS AROUND BECAUSE IT'S RIGHT NEXT TO RESIDENTIAL. IS THAT SUFFICIENT AMOUNT OF PARKING LOOKING ALL OF OUR OTHER POCKET PARKS THAT HAVE AT LEAST 3 TO 4 SPACES. SO I JUST HAVE CONCERN IF THERE IF THESE TWO SPACES ARE TAKEN AND THERE'S MORE PEOPLE THAT WANT TO COME TO THE PARK ARE THEY CAN PARK IN NEIGHBOR'S DRIVEWAYS, STREETS, I MEAN, SURE. SO MY ANSWER TO THAT IS IT IS CONSISTENT WITH SOME OF THE OTHER NEIGHBORHOOD PARKS THAT WE'VE RECENTLY CONSTRUCTED, HAYES PARK, WHICH IS ONE WHICH ACTUALLY I BELIEVE HAS TWO PARKING SPACES, ONE ADA, ONE REGULAR. THE INTENT OF A NEIGHBORHOOD PARK REALLY IS NOT TO BRING IN PEOPLE FROM REALLY MORE THAN I THINK OUR OUR INDUSTRY STANDARD IS, I BELIEVE, NEIGHBORHOOD PARK SERVICE ABOUT PEOPLE WHO ARE ABOUT A TEN MINUTE WALK RADIUS AROUND. SO MY CONTENTION ON THIS PARK IS YOU'RE PROBABLY NOT BRINGING IN PEOPLE FROM OTHER NEIGHBORHOODS. IT'S NOT IMPOSSIBLE. AND, YOU KNOW, PEOPLE LIKE TO VISIT ALL KINDS OF PARKS. BUT I WOULD SAY RIGHT NOW FOR WHAT WE HAVE FUNDING ALLOCATED AND REALLY
[00:55:03]
THE NATURE OF WHAT THIS PARK IS GOING TO BE, IT'S REALLY A WALKING TRAIL PLAYGROUND WITH OBVIOUSLY WITH THE POND IN THE MIDDLE. BUT I WOULD TELL YOU, I FEEL LIKE IT IS ADEQUATE. OKAY.THE OTHER QUESTION I HAVE IS JUST MORE DOWN THE LINE WHEN WE THIS PARK DOESN'T HAVE A NAME YET IF I CAN, YOU KNOW IT. SO IT DOES. PARKS BOARD DID NAME IT PARK. PARK. IT'S PROBABLY BEEN CLOSE TO A YEAR AGO. I'M SORRY, I DON'T HAVE. I CAN FIND THAT FOR YOU, BUT THE PARKS BOARD DID APPROVE THE NAME PARK. PARK FOR THIS. FOR THIS PARK. OKAY. I DID NOT HAVE THAT UNDERSTANDING BECAUSE I THINK WHERE THIS PARK IS LOCATED, THERE ARE FAMILIES IN THE AREA THAT PROBABLY BE WE. I KNOW WE HAD A GENTLEMAN COME IN. I'VE HAD CONVERSATIONS WITH HIM AND HE UNDERSTANDS THE ROUTE WE WENT THROUGH. AND WITH THE PARKS AND RECREATION BOARD, THAT BEING ONE OF THE THINGS THEY'VE BEEN TASKED TO DO WITH NAMING PARKS. SO WE DID ALREADY DO THAT SOME TIME AGO. NOW I, I DON'T KNOW ALL THE RULES, BUT I WOULD ASSUME THAT YOU ALL WOULD BE ABLE TO OVERTURN THAT. OR IF THAT'S WHAT YOU WANT TO DO. DISCUSSION. BECAUSE I THINK THAT, YOU KNOW, AS WE HAVE A LIMITED NUMBER OF PARKS, YOU KNOW, I WOULD LIKE TO PAY, YOU KNOW, TRIBUTE TO LEGACY INDIVIDUALS WHO'VE BEEN IN THE COMMUNITY FOR A LONG TIME. AND, YOU KNOW, JUST LIKE WE WOULD CONSIDER FOR ROADS LIKE UNCLEAR AND, AND WHATNOT. SO, YOU KNOW, MAYBE FOR A FUTURE ITEM, I'D LIKE TO CONSIDER THAT. WITH THAT, THOUGH, MAYOR, I'D MAKE A MOTION TO APPROVE. I THINK COUNCIL MEMBER REESE MAY HAVE A COMMENT ALSO. SO I AGREE WITH COUNCIL. COUNCIL MEMBER RAY ABOUT THE PARKING. FIRST OFF, I'VE HAD CONVERSATIONS WITH RESIDENTS AND A BUSINESS OWNER ON PEOPLE PARKING ON PARK STREET AND ON BROADWAY TO JUST GO AROUND THIS THIS POND. WHEN IT BECOMES A PARK, I THINK IT'LL BE A BIGGER ISSUE. SO I, I WOULD HIGHLY CONSIDER PUTTING IN MAYBE ANOTHER PARKING SPOT OR TWO IF IT'S FEASIBLE. SO I WANT THAT ON RECORD. SECONDLY, I WOULD I WOULD CONSIDER PUTTING IN NO PARKING SIGNS ON PARVIN AND ON BROADWAY JUST SO. SO THE POLICE HAVE AUTHORITY TO TICKET PEOPLE IF THEY DO PARK ON ON THOSE STREETS. AS FAR AS AS FAR AS NAMING, I WOULD I WOULD LIKE TO UNDERSTAND WHAT THE OPTIONS WERE. IF THERE WERE OTHER OPTIONS BESIDES PARVIN, BECAUSE PARVIN PARVIN WAS WAS I MEAN, PARVIN HAS HAS A NAMING OPTION OF OF A STREET. AND SO I WOULD LIKE TO UNDERSTAND THAT A LITTLE BIT BECAUSE I DO I AGREE WITH WITH WHAT COUNCILMAN MEMBER RAY IS TALKING ABOUT, THAT, YOU KNOW, WE ONLY HAVE A FEW OPTIONS, A FEW PARK OPTIONS IN THE FUTURE TO NAME SIGNIFICANT FIGURES AFTER. AND, AND, AND I THINK THAT'S A WAY TO HONOR HONOR SOME LEGACY LEGACY PEOPLE. SURE. IF IT MIGHT BE HELPFUL IN THE FUTURE TO IF WE CHOOSE TO DO THAT, WE PROBABLY NEED TO GET A GOOD EXPLANATION TO THE PARKS AND RECREATION BOARD, BECAUSE I JUST HAPPY TO TAKE IT. AS THE PARKS DIRECTOR, I DON'T FEEL GREAT ABOUT REVERSING THAT DECISION, BUT I UNDERSTAND WHAT YOU'RE SAYING. SO WHAT IS THE CONVENTION FOR NAMING PARKS? WHAT IS OUR DO WE HAVE A PROCESS? WE DO. SO TYPICALLY WE'LL ASK THE PARKS BOARD TO COME UP WITH, AND WE'LL LET THEM KNOW AHEAD OF TIME THAT, HEY, NEXT MONTH OR WHATEVER MEETING THAT WE'LL BE LOOKING AT NAMING SAID PARKS STAFF WILL COME UP WITH SOME RECOMMENDATIONS AS WELL. WE DISCUSS THOSE DURING THE MEETING AND THEN THEY VOTE OKAY.
ALL RIGHT. THANK YOU. SO I'M GOING TO SUGGEST THAT MAYBE WHEN WE GET TO THE FUTURE AGENDA ITEMS, WE ASK THE STAFF TO BRING BACK A, A PROCESS, A NAMING CONVENTION, MUCH AS OTHER ENTITIES AROUND HERE HAVE, SO WE CAN HAVE A MORE FORMAL PROCESS OF THAT WITH THAT HOPEFULLY ADDRESS BOTH OF THOSE. YEAH. AND I WOULD AGREE WITH COUNCILMAN REEVES ON THE WE DON'T HAVE THE TRAILS IN PLACE YET. AND BEFORE WE PUT THE PARKING IN, IT'S A LOT EASIER TO ADD A PARKING SPOT RIGHT NEXT TO WHERE THE OTHER ONE IS. SO ON THOSE ITEMS. SO LET ME THEN DEFER. AND I DO WANT TO CALL ATTENTION TO THE FACT THAT WE HAVE ASSISTANT TOWN MANAGER CHUCK EWING SITTING IN FOR MARIO AND BOB TODAY. THANK YOU FOR SITTING IN WITH US. SO FOR THAT AGENDA ITEM NUMBER 14, IF WE APPROVE IT, IT IS APPROVED IN ITS CURRENT FORM. THAT'S THE SITE PLAN. SO BUT YOU KNOW, IT CAN BE THAT'S A MINOR MODIFICATION. SO I DON'T FORESEE THAT BEING AN ISSUE. SO IT'S NEAT HOW YOU I CAN HEAR YOUR VOICE TWICE. YEAH. SO YEAH IT WOULD BE A MINOR MODIFICATION. SO STAFF CAN APPROVE THAT IF WE. OKAY. SO WE CAN APPROVE 14 AS AS WRITTEN AND THEN HAVE THOSE CHANGES AND THEN AND WE'LL BRING IT BACK TO
[01:00:02]
THE CFP SUBCOMMITTEE TO, TO LOOK AT THE ADDITIONAL OPTIONS AND FUNDING HOW WE FUND THAT OKAY. ALL RIGHT. THANK YOU. WITH THAT, IS THERE A MOTION ON THIS PARTICULAR ITEM MAKE A MOTION TO APPROVE 14. THANK YOU. I HAVE A MOTION SECOND BY CAMERON REEVES. ALL IN FAVOR.MOTION PASSES UNANIMOUSLY. THANK YOU. WE'VE MADE IT THROUGH THE CONSENT AGENDA. SO.
ALL RIGHT, WE'LL NOW HAVE 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. ALL INDIVIDUALS YIELDING THEIR TIME MUST BE PRESENT AT THE MEETING, AND THE APPOINTED INDIVIDUAL WILL BE LIMITED TO TOTAL OF 15 MINUTES. IS THERE ANYONE HERE THAT WOULD WISH TO ADDRESS THE COUNCIL? I HAVE NO PUBLIC
[15.Consider and act upon a Park Improvement Fee Agreement between the Town of Prosper and Shaddock-Creekside Prosper, LLC, for the Creekside development. (DB) ]
COMMENT FORMS. SEEING NO ONE, I'LL MOVE TO THE REGULAR AGENDA PURSUANT TO SECTION 551.007 OF THE TEXAS GOVERNMENT CODE, INDIVIDUALS WISHING TO ADDRESS THE COUNCIL FOR ITEMS LISTED AS PUBLIC HEARINGS WILL BE RECOGNIZED WHEN THE PUBLIC HEARING IS OPEN. AGENDA ITEM NUMBER 15 IS. CONSIDER AN ACT UPON A PARK IMPROVEMENT FEE AGREEMENT BETWEEN THE TOWN OF PROSPER AND CREEKSIDE PROSPER, LLC FOR THE CREEKSIDE DEVELOPMENT. MR. BAKER. THANK YOU, MR. MAYOR AND COUNCIL. SO BRINGING TO YOU TONIGHT PARK IMPROVEMENT AGREEMENT FOR THE CREEKSIDE DEVELOPMENT. THIS IS GOING TO BE YOU'RE GOING TO SEE A LOT OF STUFF VERY SIMILAR TO THE. WE BROUGHT 2 OR 3 IN THE LAST SEVERAL MONTHS. YOU CAN LOOK ON THE THE MAP THERE, KIND OF JUST NORTH AND WEST OF THE TOLLWAY WOULD BE THE FUTURE SITE OF CREEKSIDE PARK OR THE PARK AND CREEKSIDE DEVELOPMENT. THIS DEVELOPMENT IS SLATED TO HAVE 221 LOTS, SINGLE FAMILY GENERATING A PARK IMPROVEMENT FEE OF 331,500. THERE'S ALSO PARKLAND, PARKLAND, DEDICATION FEES OF ONE ACRE PER 35 UNITS, EQUATING TO 6.31. THEIR DONATION IS ACTUALLY A LITTLE OVER SEVEN ACRES. THE DEVELOPER WOULD LIKE TO INCREASE THE WIDTH OF THE TRAIL ALONG THE WESTERN BORDER ALONG LEGACY ROAD, WHICH WHERE THEY WOULD RECEIVE A CREDIT BACK OF APPROXIMATELY $50,000. AND HERE'S A A PICTURE OF THEIR DEVELOPMENT. YOU CAN SEE LEGACY ALONG THE WEST SIDE. YOU'LL SEE AN ELEMENTARY SCHOOL, WHICH I BELIEVE IS STILL UNDER CONSTRUCTION ON THE EASTERN SIDE, WITH THE PARK JUST ACROSS THE STREET FROM THE ELEMENTARY SCHOOL IN YELLOW, YOU CAN SEE TRAILS THAT ARE PLANNED TO BE CONSTRUCTED BY THE DEVELOPER.SO WITH THE WITH THE PARK AGREEMENT, THE PARK THAT'S BEING DISCUSSED IS IT'S A LITTLE OVER SEVEN ACRES. IT WOULD BE IRRIGATED SOD TURF WOULD HAVE A PERIMETER TRAIL GOING AROUND IT. AND TREES. THERE ARE NO REAL AMENITIES TO THIS PARK. IT WOULD BE ESSENTIALLY OPEN SPACE SOCCER. WALK YOUR DOG, WHATEVER. JUST JUST OPEN SPACE TO GO PLAY. THE COST FOR THAT WOULD BE APPROXIMATELY $723,000 WITH THE DEVELOPER, AFTER ANY CREDITS THAT WE ALLOW, WOULD HAVE ABOUT 280,000 TO PUT TOWARDS THAT, LEAVING THE TOWN $443,000 WITH OUR FOR OUR SHARE OF THE PARK CONSTRUCTION. WE DID PRESENT THIS TO THE PARKS BOARD BACK ON OCTOBER, OCTOBER 9TH, AND THEY DID APPROVE IT, BUT THEY ALSO ASKED THAT THE PARK BE AMENITIZED AS QUICKLY AS POSSIBLE, SO WE'D HAVE TO IDENTIFY SOME FUNDING TO DO THAT. AS FAR AS THE PARK TIMELINE, DEVELOPER WILL USE THE SAME CONTRACTORS TO CONSTRUCT THE PARK AS HE WILL TO BUILD THE COMMUNITY. CURRENTLY, THE PROJECTION PROJECTED TIMELINE FOR THE COMMUNITY WOULD BE. COMPLETION WOULD BE LATE SUMMER TO EARLY FALL OF 26, AND THE DEVELOPER WILL COMMIT TO THE PARK BEING COMPLETED WITHIN SIX MONTHS AFTER FINAL ACCEPTANCE OF THE COMMUNITY. AS LONG AS WE DON'T REQUIRE ADDITIONAL ITEMS TO BE PLACED IN THE PARK. IF WE DO, THAT WOULD UNDERSTANDABLY TAKE A LITTLE BIT LONGER TO BUILD THAT PARK. AND WITH THAT, I ALSO HAVE CLINT RICHARDSON HERE REPRESENTING THE DEVELOPER. SO IF YOU HAVE ANY QUESTIONS FOR HIM, HE CAN CERTAINLY ANSWER THOSE. BUT WITH THAT, I'M HAPPY TO TAKE ANY QUESTIONS YOU MAY HAVE. I THINK THERE'S A COUPLE OF QUESTIONS ON THIS. SO WE'LL I'LL GO AHEAD AND GO TO THE MAYOR PRO TEM. SO WHAT DISCUSSION DID THE PARKS BOARD
[01:05:05]
HAVE? ABOUT A MINUTE. IT AND THE REASON WHY I ASK IS BECAUSE AND THIS IS SOMETHING WE'VE TALKED ABOUT WITH RAYMOND COMMUNITY PARK AS WE'VE MADE CHANGE ORDERS THEN IT'S IT CAUSES A SORT OF A DOMINO EFFECT OF, WELL, WE'VE DONE THIS, SO NOW WE'VE GOT TO GO TEAR THIS UP, YOU KNOW, SO IT SEEMS A LITTLE BIT WASTEFUL TO SOD THIS, HAVE IT AS AN OPEN FIELD IF WE'RE JUST GOING TO TEAR IT UP AND PUT SOMETHING ELSE, IF WE, ESPECIALLY IF WE DO A PLAYGROUND OR, YOU KNOW, IF WE'RE JUST DOING FIELDS, PRACTICE FIELDS, THAT'S FINE.THAT'S ONE THING. BUT IF WE'RE GOING TO DO SOMETHING MORE SIGNIFICANT AND WE'RE GOING TO HAVE PARKING AND ALL THAT, IT SEEMS WASTEFUL TO ME TO SPEND THE MONEY AND THEN TURN AROUND AND TEAR IT UP AND START OVER. SO THAT'S MY FIRST CONCERN. AND IN THAT CASE, I'D ALMOST RATHER JUST GIVE THEM CREDIT FOR THE SIDEWALK AND, YOU KNOW, TAKE THE TAKE THE FEES AND IMPROVE IT. AS WE GET READY TO. THE SECOND PART OF IT IS I DIDN'T SEE IN THE AGREEMENT AND I'M NO ATTORNEY, SO I WILL DEFER TO TERRY. BUT I THE TIME FRAME IS ONE THING, BUT ONCE THEY'VE HAD FINAL ACCEPTANCE, I DIDN'T SEE WHAT HAPPENS IF THEY DON'T COMPLETE IT IN SIX MONTHS AFTER.
YES, THEY'RE IN THAT THE DEVELOPMENT AGREEMENT THERE IS NOT A PENALTY ASSOCIATED. SO SO THAT IS A CONCERNING THING TO ME BECAUSE THEN WE WOULD HAVE MONEY IN ESCROW FOR WHO KNOWS HOW LONG IF THE DEVELOPER. BECAUSE AS WE KNOW, THIS PARTICULAR DEVELOPERS ARE GOOD DEVELOPERS, GREAT. BUT THEY COULD SELL THIS AND YOU COULD BE WORKING WITH A DEVELOPER THAT DOESN'T HAVE THE WHEREWITHAL TO FINISH IT. SO I JUST WANT TO MAKE SURE WE HAVE MECHANISMS IN PLACE FOR WHAT HAPPENS IF SIX MONTHS, I MEAN, BECAUSE FINAL ACCEPTANCE HAS BEEN DONE. SO WE HAVE NOTHING TO HOLD. UNDERSTOOD. THOSE ARE MY TWO CONCERNS. SO I'LL WEIGH IN JUST WITH A COUPLE OF QUESTIONS. ALSO, THE IDEA OF AN ESCROW AGREEMENT LIKE THIS I DIDN'T HAVE WE DONE THIS BEFORE. WE HAVE I'M SORRY. AT WHAT? WHERE. SO THE LAKESIDE PROPERTIES PROBABLY THE LAST TIME, I THINK, I BELIEVE I PRESENTED A PARK DEVELOPMENT AGREEMENT TO THE LAKESIDE DEVELOPMENTS WE DID FOR BOTH OF THOSE. WE ALSO DID IT FOR, I BELIEVE, LAKEWOOD, I BELIEVE, ALSO HAD THE SAME. OKAY. SO YEAH, THAT LEADS TO THE FOLLOW ON QUESTION. SO DIDN'T WE JUST RECENTLY HAVE SOMEONE, ANOTHER DEVELOPER COMING TO US AND SAY, HEY, I'D LIKE YOU TO DEDICATE THE PARK IMPROVEMENT FEES TO MY PARK. AND I BELIEVE THIS COUNCIL DENIED THAT PARTICULAR REQUEST AND SAID THAT WE WANT TO HAVE WE RESERVE THE RIGHT TO BUILD THE PARKS IN THE ORDER AND THE LEVEL THAT WE CHOOSE TO, NOT AT A DEVELOPER'S DEMAND IS THAT I BELIEVE THAT'S MY IS MY PARAPHRASE. ALL RIGHT. SO SO WHAT MAKES THIS PARK DIFFERENT? IT'S NOT OKAY. AND THEN CLEARLY WE HAD SIGNIFICANT ISSUES WITH THE LAKEWOOD PARK. THAT WAS A DEVELOPER CONTROLLED ITEM WHERE THEY DID NOT PERFORM TO OUR TIMELINE NOR EXPECTATIONS. SO HOW IN THIS PARTICULAR I DON'T SEE REALLY THE TEETH THAT THE MAYOR PRO TEM IS LEADING TO ON THE ACTUAL. IF THEY DON'T PERFORM THE WAY WE WANT, WHAT WE WOULD DO, I DON'T SEE THAT IN THERE. THAT'S A VALID CONCERN. SO I'LL HELP THE DISCUSSION ALONG. I CAN'T SEE ANY WAY THAT I THINK WE NEED TO SEND THIS BACK TO STAFF TO HAVE THAT REWORKED FOR THOSE PARTICULAR ISSUES. I'LL, I'LL LET THE REST OF THE COUNCIL WEIGH IN ON THAT, BUT I CAN'T SEE WHY WE WOULD WANT TO FAVOR ONE DEVELOPER OVER ANOTHER DEVELOPER WHEN WE'VE ALREADY ESTABLISHED THE PRECEDENT HERE. SO AND I RECOGNIZE THE PARKS BOARD'S URGENCY TO GET THIS AMENITIZED. BUT THAT'S THE IT'S THEIR URGENCY IS BASED ON THE FACT THAT THIS PARK IS ALREADY THERE. IT MAY NOT BE THE NUMBER ONE PARK IN THE ENTIRE COMMUNITY THAT WE WANT.
AMENITIZED. RIGHT. I WOULD SAY PART OF THEIR I WANT TO SPEAK FOR THEM, BUT PART OF THE CONCERN, I BELIEVE, WAS THE FACT THE LOCATION OF WHERE THIS PARK WOULD BE, THERE'S REALLY NOTHING CLOSE AND CERTAINLY NOT EASILY ACCESSIBLE BY WALKING OR BIKING. SO AND I THINK THAT JUST GOES TO MY FIRST CONCERN IS, YOU KNOW, I'D LIKE TO ALSO TAKE SOME TIME WITH THE PARKS BOARD AND SEE WHAT DO THEY HAVE IN MIND HERE. AGAIN, IF THEY'RE JUST TALKING ABOUT FIELDS, THAT'S ONE CONVERSATION AND WE PROBABLY NEED TO PUT IN SOME PARKING BECAUSE LIKE YOU SAID, IT'S NOT REALLY WALKABLE. WE PROBABLY NEED TO CONSIDER THAT IF THEY'RE TALKING ABOUT THEY WANT A PLAYGROUND AND A SPLASH PAD AND A THIS AND THAT, THERE'S NO POINT IN DOING THIS AGREEMENT BECAUSE WE'RE GOING TO TEAR IT UP. SO I'D LIKE TO UNDERSTAND WHAT THEY MEAN BY AMENITIES AND HOW QUICKLY THEY'RE EXPECTING US TO DO THAT. THEIR DISCUSSIONS WERE
[01:10:02]
PLAYGROUND, POSSIBLY LIKE A BACKSTOP. SO NOT NOTHING IS SIGNIFICANT AS LIKE A SPLASH PLAYGROUND OR ANYTHING ALONG THOSE LINES. BUT YES, SOME ITEMS FOR TO BRING PEOPLE OUT.I PICTURE SOMETHING LIKE IT WOULD MAYBE ALONG THE LINE OF WHAT'S AT BRYANT ELEMENTARY KIND OF BACKSTOP SOME. YES. BUT YEAH, AGAIN IT THERE'S NO ADDITIONAL PARKING FOR THAT PARTICULAR PARK. AND AGAIN, THIS THIS WOULD BE CONSIDERED A NEIGHBORHOOD PARK. SO YOUR MAJORITY OF THE PEOPLE USING IT ARE GOING TO BE WALKING OR BIKING. YEAH. AND JUST A QUESTION. SO I KNOW JUST BECAUSE WE HAD THIS RECENTLY WITH RAYMOND PARK LOOKING AT SOD VERSUS SEATING, YOU KNOW, IS THE THERE A MEDIUM GROUND WHERE THERE MIGHT BE THE SEATING BECAUSE YOU'RE NOT GOING TO HAVE ORGANIZED PLAY THERE, RIGHT. AND YOU'RE NOT GOING TO HAVE THE TRAFFIC FLOW BECAUSE YOU DON'T HAVE CARS, RIGHT? THAT YOU CAN LOOK AT A SEATING OPTION THAT'S GOING TO BE A FRACTION OF WHAT YOU WOULD SPEND ON SOD FOR THE QUANTITY OF GRASS YOU'RE LOOKING TO PUT DOWN. DID YOU GUYS EXPLORE THAT WITH THE PARKS BOARD? WE DID NOT. SO WHAT WOULD YOU ESTIMATE THAT SAVINGS TO BE FOR THIS? I MEAN, I DON'T KNOW, OFF THE TOP OF MY HEAD IT'S GOING TO BE BASED ON SQUARE FOOTAGE AND. YEAH, AND WHAT THE DIFFERENCE IS. BUT IT'D BE A CONSIDERABLE SAVINGS. YES, SIR. YES. SO I MEAN, I THINK IF. IRRIGATION IN THERE. YEAH. YEAH, I'D ENTERTAIN A MOTION TO TABLE THIS ITEM SO WE CAN KIND OF WORK IT THROUGH SOME OF THESE PARTICULAR ISSUES. MAKE A MOTION TO TABLE ITEM NUMBER 15.
ALL RIGHT I HAVE A MOTION. AND SECOND FROM COUNCILMEMBER ROGERS. ALL IN FAVOR. YEAH OKAY.
[16. Discuss and consider Town Council Subcommittee reports. (DFB)]
THANK YOU. THAT MOTION PASSES UNANIMOUSLY. THANK YOU. ALL RIGHT. AGENDA ITEM NUMBER 16 IS TO DISCUSS AND CONSIDER THE TOWN COUNCIL SUBCOMMITTEE REPORTS. LEGISLATIVE COMMITTEE MET IN SESSION HERE EARLIER. NOTHING ELSE TO ADD TO THAT. DID WE HAVE OTHER FINANCE COMMITTEE DID NOT MEET? I DON'T THINK CIP HAS NOT MET ANY OTHER COUNCIL SUBCOMMITTEES. OKAY,[Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. ]
OKAY. THEN THE NEXT AGENDA ITEM IS TO POSSIBLY DIRECT TOWN STAFF TO SCHEDULE TOPICS FOR DISCUSSION AT A FUTURE MEETING. COUNCILMAN RAY. I WOULD LIKE TO UNDERSTAND MORE ABOUT THE NAMING OF THE PARKS. I KNOW YOU'VE MENTIONED THAT, BUT THAT PROBABLY NEEDS TO COME FORWARD.AND I'M A LITTLE DISAPPOINTED THAT I DIDN'T HAVE THE AWARENESS OF THAT. MAYBE THAT'S JUST ON ME, BUT I THINK THAT WHERE THAT PARKS LOCATED AND FOR FUTURE PARKS, I JUST WANT TO HAVE THE ABILITY TO CONTRIBUTE TO THAT. ON ON THAT NOTE, COULD WE CONSIDER DOING A A JOINT WORK SESSION WITH THE PARKS BOARD? JUST I THINK THAT'S BASED ON WHAT THIS WE JUST LOOKED AT. I THINK THAT IS A GREAT IDEA TO TO SCHEDULE THAT. YEAH, PROBABLY, PROBABLY PRIOR TO THIS ITEM THAT WE JUST TABLED COMING BEFORE US. SO WE CAN ACTUALLY WORK THROUGH SOME OF THOSE ISSUES, IS THAT CHUCK ROBIN? IS THAT OKAY? THERE'S ONLY ONE OTHER ITEM I HAVE, AND IT'S JUST AN UPDATE ON THE CLEANING OF THE STREETS ALONG 380. I KNOW THAT WE ADDRESS IT OCCASIONALLY, AND THEN IT GOES AWAY AND WE HAVE PILES AND PILES OF STUFF AND MINDFUL OF RESIDENT THAT KEEPS ON ASKING ME IF WE'VE CLEANED THAT UP YET. AND SO I THINK IT'S IMPORTANT THAT WE MAINTAIN THE PERIMETERS OF OUR TOWN AND THE ROADS THAT, YOU KNOW, IT'S AN UPDATE LIKE THE SCHEDULE THAT IS BEING USED, THE SCHEDULE AND THE FREQUENCY. YES, BECAUSE WE DID CONTRACT OUT THE SWEEPING SERVICES. THEY I DID SEE THEM IN TOWN LAST WEEK CLEANING INTERIOR ROADS THOUGH, SO. OKAY. SO JUST AN UPDATE ON THAT WOULD BE GREAT. THANK YOU. OKAY. SO THAT'S TWO ITEMS I THINK THREE ITEMS. ONE IS JUST IF WE COULD GET AN UPDATE ON I KNOW THAT SCOTT SHIP FROM GATES OF PROSPER MENTIONED THAT THEY HAD A SPACE FOR OUR PD IN GATES. AND I JUST WANT TO GET AN UPDATE ON WHERE WE ARE WITH THAT AND THEN LOOK AT, YOU KNOW, TIMING, WHAT WE HAVE TO DO TO THAT SPACE AND JUST GET AN UPDATE FROM, FROM STAFF. THE SECOND ONE IS LOOKING AT OUR WEEDS AND HIGH GRASS ORDINANCE. I'VE NOTICED TOO, A LOT OF THE SIDEWALKS WHERE PEOPLE HAVE NOT MOWED THEIR PROPERTY ALSO HAVE OVERGROWTH AND YOU CAN'T REALLY.
IN SOME PLACES, ESPECIALLY ON 380, YOU CAN BARELY SEE THE SIDEWALK WHERE IT STARTS. SO I WANT TO UNDERSTAND IF WE CAN. THIS MAY BE A LEGAL QUESTION FOR TERRY. IF WE CAN LOOK AT AMENDING OUR ORDINANCE TO SHORTEN THE TIME FRAME WHEN WE GIVE A NOTICE INSTEAD OF IT 30 DAYS, COULD IT BE SEVEN DAYS? TEN DAYS? BECAUSE I FEEL LIKE WE'RE JUST WE'RE JUST KICKING THE CAN DOWN THE ROAD. AND THEN THE OTHER ITEM FOR THAT ONE IS ALSO, ONCE A PROPERTY HAS BEEN MOWED BY US, WE'VE PAID FOR IT. THE PERSON HASN'T PAID US BACK. OBVIOUSLY, WE COULD PUT A LIEN ON THE PROPERTY, BUT I WANT TO LOOK AT OTHER MECHANISMS TOO, IF THERE ARE ANY, WHAT WE CAN DO TO COLLECT. I'D ALSO, AS A PART OF THAT, I'D LIKE TO KNOW HOW MANY PROPERTIES THE TOWN HAS A LIEN FOR THAT TYPE OF WORK ON. AND THEN, YOU KNOW, CAN WE CHARGE INTEREST, JUST SOME OF THOSE TECHNICALITIES IF WE NEED TO MAKE SOME AMENDMENTS THERE. AND THEN THE THIRD ONE
[01:15:03]
IS WE TALKED ABOUT THIS WHEN WE WALKED RAYMOND PARK THE OTHER DAY. BUT LAKEWOOD, I KNOW WE'VE DISCUSSED BEFORE, THE RESIDENTS WANTED IT TO LOOK NATURAL. I THINK THE HOA PROPERTY RIGHT BEHIND THOSE RESIDENTS HAS BEEN MOWED. THEN OUR PROPERTY HASN'T BEEN MOWED. AND THEN YOU HAVE THE PARKING LOT AND IT'S ALL MOWED, MANICURED. IT LOOKS GREAT. SO I WANT TO MAKE SURE WE REACH BACK OUT TO THOSE RESIDENTS. AND PLEASE LET THEM, PLEASE TALK TO THEM ABOUT THE DECISION THAT THEY MADE OR THAT THEY RECOMMENDED FOR US TO MAKE. AND LET'S REVISIT THAT, BECAUSE IT JUST IT LOOKS LIKE WE'RE NEGLECTING THE PROPERTY. IT LOOKS LIKE WE'RE NEGLECTING IT.AND I DON'T I DON'T LIKE IT. I DON'T LIKE THE WAY IT LOOKS. SO PET PEEVE. SO THE SPECIFIC AGENDA ITEM YOU'RE ASKING FOR THERE, I'M ASKING FOR AN UPDATE. HAS PARKS OR STAFF SPOKEN TO THE RESIDENTS OKAY ABOUT THAT BECAUSE WE'VE DISCUSSED THAT BEFORE. HAVE WE REACHED REACHED OUT TO THEM, EXPLAINED SORT OF WHERE WE ARE OKAY, AND MAKE IT LOOK LIKE THE HOA PROPERTY BECAUSE HOA IS MOWING THEIR PROPERTY, SO OURS LOOKS WEIRD. WITH REGARDS TO LAKEWOOD, MAYBE AN UPDATE ON WHERE THE WHERE BECAUSE THE CELL TOWER IS GOING IN AND WHERE THAT WHERE WHERE THE ACCESS POINT TO THE CELL TOWER IS GOING TO GO. IS IT GOING TO GO THROUGH THERE ALSO? BECAUSE THAT THAT COULD ALL PART OF THAT SAME UPDATE. THANK YOU. THANK YOU FOR THAT. ALL
[EXECUTIVE SESSION]
RIGHT. ANYONE ELSE OKAY. THANK YOU VERY MUCH. ALL RIGHT. OUR NEXT ITEM IS THAT WE WILL RECESS INTO CLOSED SESSION. AND PLEASE BEAR WITH ME IN COMPLIANCE WITH SECTION 551.001 OF THE TEXAS GOVERNMENT CODE IS AUTHORIZED BY THE TEXAS OPEN MEETINGS ACT TO DELIBERATE REGARDING SECTION 551.087 TO DISCUSS AND CONSIDER ECONOMIC DEVELOPMENT INCENTIVES, ALL MATTERS INCIDENT RELATED THERETO. SECTION 551.072. TO DISCUSS, CONSIDER THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY FOR MUNICIPAL PURPOSES IN ALL MATTERS RELATED THERETO. SECTION 551.074. TO DISCUSS AND CONSIDER PERSONNEL MATTERS, ALL MATTERS INCIDENT AND RELATED THERETO. SECTION 551.089 TO DELIBERATE SECURITY. SECURITY INFORMATION COLLECTED, ASSEMBLED OR MAINTAINED BY OR FOR A GOVERNMENT ENTITY TO PREVENT, DETECT OR INVESTIGATE CRIMINAL ACTIVITY PURSUANT TO SECTION 2059 .055 OF THE TEXAS GOVERNMENT CODE, ALL MATTERS INCIDENT RELATED THERETO. SECTION 551.071 CONSULTATION WITH THE TOWN ATTORNEY REGARDING LEGAL ISSUES ASSOCIATED WITH H.B. 36. 11 OF THE 2025 REGULAR SESSION, ALL MATTERS INCIDENT RELATED THERETO. SECTION 551.074 TO DISCUSS APPOINTMENTS TO THE BOARD OF ADJUSTMENTS, CONSTRUCTION BOARD OF APPEALS, PARKS AND RECREATION BOARD, LIBRARY BOARD P-EDC PLANNING AND ZONING COMMISSION, COMMUNITY ENGAGEMENT COMMITTEE, DOWNTOWN ADVISORY COMMITTEE, AND ALL MATTERS RELATED THERETO. SECTION 551.071 CONSULTATION WITH THE TOWN ATTORNEY TO DISCUSS LEGAL ISSUES ASSOCIATED WITH ANY WORK SESSION OR REGULAR AGENDA I IT IS NOT EASY. ALL RIGHT. THE TIME NOW IS 842. AND THE COUNCIL IS[Reconvene in Regular Session and take any action necessary as a result of the Closed Session.]
RECONVENING INTO REGULAR SESSION. MAYOR PRO TEM BARTLEY, DO YOU HAVE ANY ACTION TO TAKE AS A RESULT OF THE CLOSED SESSION? YES. MAKE A MOTION TO RATIFY THE PROSPER ECONOMIC DEVELOPMENT CORPORATION'S PURCHASE OF THE PROPERTY, LOCATED AT 380 WEST BROADWAY STREET IN THE TOWN OF PROSPER. SECOND, WE HAVE A MOTION AND A SECOND. ALL IN FAVOR? MOTION PASSES UNANIMOUSLY. DO YOU HAVE ANY OTHER MOTIONS? YES. MAKE A MOTION TO AUTHORIZE THE TOWN MANAGER TO EXECUTE A GROUND LEASE AGREEMENT BY AND BETWEEN CHILDREN'S HEALTH SYSTEM OF TEXAS AND THE TOWN OF PROSPER, AND TO TAKE ANY AND ALL NECESSARY ACTIONS RELATED THERETO? THANK YOU. ALL IN FAVOR. MOTION PASSES UNANIMOUSLY. ONE MORE MOTION.MAKE A MOTION TO NOMINATE RORY CONLEY FOR COMMUNITY ENGAGEMENT COMMITTEE. THANK YOU. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR? MOTION PASSES UNANIMOUSLY. DOES ANYONE HAVE A MOTION TO ADJOURN? MOTION TO APPROVE. SECOND. NO, IT'S 1 OR 2 HERE. OKAY. MARCUS, RAY AND HENRY'S. ALL IN
* This transcript was compiled from uncorrected Closed Captioning.