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[1. CALL TO ORDER]

[00:00:06]

>> WE'RE GOING TO GET STARTED. 7:40.

WE ARE HAPPY TO HAVE OUR PASTOR HERE TO GIVE THE INVOCATION.

>> THANK YOU FOR TODAY. THANK YOU FOR THE OPPORTUNITY TO LIVE AND TO LIVE PEACEFULLY, LIVE IN UNITY.

JESUS, WE JUST ASK YOU, LORD, WE UNDERSTAND YOU WERE BORN IN A SMALL TOWN. YOU GREW UP UNDER THE AUTHORITY OF LOCAL LEADERS, OFFICIALS. WE JUST LOOK UP TO OUR LOCAL OFFICIALS. WE PRAY FOR OUR MAYOR, OUR CITY COUNCIL, OUR POLICE CHIEF, FIRE CHIEF, LORD.

EVERYONE WHO SERVES OUR COMMUNITY.

STRENGTHEN EVERYBODY WITH WISDOM AND GRACE FOR THE VERY HEAVY BURDENS THAT THEY CARRY. WE DON'T UNDERSTAND THAT.

LIFT THEM UP TODAY. HANDLE THEIR PROJECTS FOR LOVE.

KEEP THEIR EYES TURNED TOWARD YOUR FAITH AS THEY LOOK TO THE VERY BEST INTEREST FOR THE BEAUTIFUL PEOPLE IN ROWLETT THAT THEY SERVE. IN OUR NAME WE PRAY, AMEN.

>> AMEN. THANK YOU VERY MUCH.

YOU HAVE A GREAT EVENING. THANK YOU FOR BEING WITH US.

>> THANK YOU. >> ALL RIGHT.

WE ARE NOW CALLING THE MEETING TO ORDER AT 5:42.

WE HAVE ITEM 5A WHICH IS UPDATE FROM CITY COUNCIL MAJOR PROJECT

[5A. Update from the City Council and Management: Financial Position, Major Projects, Operational Issues, Upcoming Dates of Interest and Items of Community Interest.]

OPERATION ISSUES UPCOMING DATE ITEMS OF COMMUNITY INTEREST.

LAURA, I DON'T THINK WE HAVE ANY PREPARED COMMENTS, IS THAT

CORRECT? >> YES, MA'AM.

>> COUNCIL, ANY ANNOUNCEMENTS ANYONE WANTS TO MAKE? ALL RIGHT. WITH THAT, BRIAN, ANYTHING YOU

WANT TO ANNOUNCE? >> NO.

>> OKAY. WE'LL MOVE TO OUR CITIZEN INPUT SECTION WHICH IS THE TIME IN OUR MEETING WITH CITIZENS CAN COMMENT ON ANY ITEM OF INTEREST UP TO THREE MINUTES.

WE DO NOT HAVE ANY CITIZEN INPUT TONIGHT EITHER ON GENERAL COMMENTS OR ON ANY SPECIFIC ITEMS. SO WITH THAT BEING SAID, WE WILL MOVE TO OUR CONSENT AGENDA.

[7. CONSENT AGENDA]

WE DID PULL ITEM 7G OFF OF THE CONSENT AGENDA.

SO, LAURA, IF YOU COULD READ THE REMAINING ITEMS INTO THE RECORD.

>> IT WAS 7F. >> SORRY.

THANK YOU. APPRECIATE IT.

THANK YOU. >> SO ITEM 7A APPROVING MINUTES.

7B, CONSIDER ACTION TO APPROVE A GUARANTEED MAXIMUM PRICE PROPOSAL. 7C CONSIDER A RESOLUTION APPROVING VETERINARY SERVICES CONTRACT.

CONSIDER A RESOLUTION AUTHORIZING AN ALLEY RECONSTRUCTION CONTRACT. THAT WAS 7D.

7E CONSIDER A RESOLUTION AUTHORIZING ENGINEERING DESIGN AND COORDINATION SERVICES. 7G, CONSIDER A RESOLUTION APPROVING PURCHASE OF COMPUTER EQUIPMENT.

7H, CONSIDER A RESOLUTION APPROVING PURCHASE OF PATROL VEHICLE. 7I, CONSIDER A RESOLUTION AUTHORIZATION FOR DESIGN SERVICES.

7J AUTHORIZING PAYMENT FOR LEGAL SERVICES.

AND 7K, CONSIDER A RESOLUTION AUTHORIZING PAYMENT FOR LEGAL

SERVICES. >> THANK YOU VERY MUCH.

AT THIS TIME, I WILL ENTERTAIN A MOTION.

BLAKE? >> YES, I MAKE A MOTION TO APPROVE THE CONSENT AGENDA ITEM AS READ INTO THE RECORD.

>> DO I HAVE A SECOND? >> SECOND.

>> I HAVE A MOTION AND SECOND. ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. AND THAT IS 6-0 WITH MATT ABSENT. THEN WE'LL GO TO ITEM 7F.

[7F. Consider a resolution approving annual maintenance payments to software vendor.]

CONSIDER A RESOLUTION APPROVING MAINTENANCE PAYMENTS TO SOFTWARE VENDOR. ACTION APPROVAL A MOTION FOR CONTINUING MAINTENANCE TECHNOLOGY BUDGET AND OTHER DOCUMENTS TO CONTINUE SERVICES. SO WE HAD A SLIGHT ADJUSTMENT TO THE AM THAT WAS GRANTED IN THE PACKET.

DO YOU WANT TO TELL US WHAT THE AM WAS AND WHAT WAS IT FOR.

>> IT WAS FOR -- LET ME PULL IT UP.

IT WAS INITIALLY $2304.07. IN THE PAST IT HAD INCLUDED MODULES ON A DIFFERENT INVOICE. THEY INCLUDED ALL THE SOFTWARE MODULES ON IT. FOR SOME REASON THIS YEAR THEY SENT IT ON A DIFFERENT INVOICE. I WAS NOT AWARE OF THAT UNTIL TODAY, THIS AFTERNOON. I JUST WANTED TO INFORM YOU AND

[00:05:04]

MAKE SURE YOU ARE AWARE IN THE AMOUNT OF THE TOTAL.

>> WE APPRECIATE THAT VERY MUCH. DO YOU HAVE A MOTION OR

QUESTION, MARTHA? >> I HAVE A MOTION.

>> GO AHEAD. >> I MAKE A MOTION THAT WE APPROVE ITEM 7F WITH THE ADDITION OF THE $2304.07 TO THE

TOTAL. >> THANK YOU SO MUCH.

DO I HAVE A SECOND? >> SECOND.

>> WHO SECONDED THAT? I THINK IT WAS WHITNEY.

>> THIS IS WHITNEY. >> OKAY.

MOTION BY MARTHA, SECOND BY WHITNEY.

ANY DISCUSSION? I CAN'T TELL BECAUSE PAM AND MARTHA HAVE THEIR HANDS RAISED. I THINK THERE'S NO DISCUSSION.

ALL THOSE IN FAVOR RAISE YOUR HAND.

DIFFERENT TYPE OF RAISED HAND. THIS IS CONFUSING TO PEOPLE WHO CAN'T SEE ME WITH A RAISED HAND. PAM, DID YOU RAISE YOUR HAND? OKAY. WE HAVE 6-0 VOTE WITH MATT ABSENT. WE WILL NOW MOVE TO ITEM INDIVIDUAL CONSIDERATION ITEM 8A.

[8A. Consider and take action on a resolution approving a development agreement for the 765- unit residential development known as Trails at Cottonwood Creek. The 226.58-acre site is generally located at the northeast corner of Vinson Road and Stonewall Road, in the City of Rowlett, Dallas County, Texas.]

CONSIDERING TAKING ACTION ON A RESOLUTION DEVELOPING DEVELOPMENT AGREEMENT FOR A RESIDENTIAL AGREEMENT TRAILS AT COTTEN WOOD CREEK. IT IS GENERALLY LOCATED NORTHEAST CORNER OF STONEWALL ROAD.

SO WHO IS STARTING THIS DISCUSSION?

>> GOOD EVENING, COUNCIL. THANK YOU.

JUST BY WAY OF BACKGROUND, JUST A FEW WEEKS AGO WE HAD A WORK SESSION REGARDING THE PROPOSED ALLOTMENT AGREEMENT.

WE PRESENTED TO COUNCIL SOME OF THE ENHANCEMENTS THAT WENT ABOVE AND BEYOND. PART OF THAT CONVERSATION, THERE ALSO WAS SOME ADDITIONAL INFORMATION REQUESTS ASSOCIATED WITH MORE DETAILS ON THE EMS/FIRE FACILITY AND ALSO WHAT THE FUNDING MECHANISMS OF THE PROPOSED ENHANCEMENTS ARE.

THAT BEING SAID, WE HAD AN OPPORTUNITY TO VISIT WITH THE APPLICANT AND HAVE SOME INFORMATION THAT IS AVAILABLE THAT I WILL BE PRESENTING ADDITIONALLY, I'M GOING TO POINT OUT OVER THE COURSE OF THE PAST FEW MONTHS WE'VE BEEN WORKING ON A POTENTIAL DEVELOPMENT AGREEMENT AND BEEN TALKING WITH OUR CITY ATTORNEY, A SOLUTION AGREEMENT SHOWED THERE WOULD BE NO ACTION BY TONIGHT ON THE AGREEMENT THAT'S BEFORE YOU FOR REVIEW, QUESTIONS AND, AT THE END, ACTION.

NEXT SLIDE, LAURA. AND SO IN THE INTEREST OF THOSE THAT ARE WATCHING, JUST WANTED TO GIVE SOME BACKGROUND ASSOCIATED WITH THE DATE. AS YOU CAN SEE, WE GO AS FAR BACK AS OCTOBER 8 OF LAST YEAR. THIS PROGRAM HAS BEEN BUILDING UP FOR ITS PROGRAMMING, FROM TALKING ABOUT CHANGING, AMENDING DISTRICT TO AMEND SOME OF THE DEVELOPMENT CRITERIA AS IT RELATES TO DWELLING AND COUNCIL APPROVED AN AGREEMENT OVER $1 MILLION FOR ALL INFRASTRUCTURE FOR THE WATER FACILITIES AND IN MARCH, WE TALKED ABOUT THE PID. THAT'S WHY WE ARE HERE TONIGHT.

NEXT SLIDE, PLEASE. AGAIN, I'M SURE EVERYBODY HAS SEEN THIS SLIDE A FEW TIMES AS WE'VE BEEN TALKING ABOUT THE PROPOSED DEVELOPMENT. IT JUST MERELY REFLECTS THE ESTIMATED PROJECT IMPROVEMENT COSTS AT $7.5 MILLION AND MAXIMUM TAX WILL BE $.324. NEXT ONE, PLEASE.

CITY OF ROWLETT SUBSEQUENT ADDITION TO THE PREVIOUS SLIDE THAT WE SAW AND IT BASICALLY LIFTS OUT OR IDENTIFIES WHAT THAT TOTAL TAX RATE WOULD BE WITH THE ADDITION OF THE PID AT $0.324. NEXT SLIDE, PLEASE, LAURA.

THE SITE MIGHT BE A LITTLE HARD TO READ BUT THIS IDENTIFIES IN TERMS OF THE ALLOCATION, PID FUNDS RELATED TO THE ENHANCEMENTS ASSOCIATED WITH DEVELOPMENT.

WE'RE TALKING ABOUT THE ENHANCEMENTS BEING INFRASTRUCTURE AT THE POCKET PARKS OR ROCK CLIMBING, HIKE AND

[00:10:03]

BIKE TRAILS. THE PROGRAM IS DISTRIBUTED WITHIN THE FIVE PLACES WITH THIS, THE ASSOCIATED COSTS AND THE COSTS FOR THESE. I KNOW THE APPLICANT WILL BE ABLE TO GO INTO THIS IN DETAIL. BUT IN SUMMARY IT WOULD BE $910,000. PEDESTRIAN CORRIDORS, I'LL EXPLAIN ALL THESE IN FUTURE SLIDES TO REFLECT WHERE THESE ARE, $123,000. THE POCKET PARKS AT $160,000, LANDSCAPING FOR TREATMENT OF THIS PROPERTY AT $507,000.

THE HIKE AND BIKE TRAILS AT $761,000.

NEXT SLIDE, PLEASE. IF YOU RECALL, THE SLIDE ON THE LEFT OF YOUR SCREEN OR OF YOUR SLIDE OR IMAGE, WAS THE ORIGINAL APPROVED PLANS BY THE DISTRICT. THAT WAS THE COST THAT WAS APPROVED. YOU CAN SEE THAT CONCEPT TRAILS AND THE FLOOD PLAIN AND AS THOSE SHOWS SOME MINOR FEATURES.

THE APPLICANT MOVING FORWARD, THE DEVELOPMENT PROGRAM REALIZED IT MADE BETTER SENSE TO THEM AND WE WOULD CONCUR TO RELOCATE THE AMENITY CENTER FROM THE TIME THEY HAD THAT LOCATION WHICH COULD POTENTIALLY REDUCE CONFLICTS CREATED BY ACCESS POINTS IN THE AMENITY CENTER AND THE PARKING AREA.

IT WAS CLOSER TO THE PEDESTRIAN COURT AS WELL.

AS I MENTIONED THE NEW LOCATION WOULD HAVE PARK AND BIKE TRAILS AND MAKING IT MORE ACCESSIBLE TO THE COMMUNITY.

THIS REVISED CONCEPT PLAN IS NOT ANY DEPARTURE FROM THE APPROVED CONCEPT PLAN AND IF STAFF IS AMENABLE TO LOOKING AT THESE MINOR AMENDMENTS. NEXT SLIDE, PLEASE.

AS FAR AS THE LOT DISTRIBUTION IS CONCERNED, THE APPROVED CONCEPT PLAN WOULD SHOW HOW IT WOULD ALL COME TOGETHER.

THE APPLICANT HAS BEEN ABLE TO PROVIDE FOR SPECIFICITY AND THE LOTS HAVE BEEN REDISTRIBUTED TO THE NORTHERN SECTION OF THE NEIGHBORHOOD. YOU CAN SEE THE NEXT STREET NETWORK SYSTEM HAS CHANGED A TAD.

IT'S PROVIDED MORE CONNECTIVITY IN THE NORTHERN HALF OF THE COMMUNITY AND THERE'S MORE CONTINUOUS STREET NETWORK ALONG THE WAY. WITH THE PROPOSED LOT DISTRIBUTION, THE PRESERVATION OF THE TREE CANOPY HAS RESULTED IN BETTER USE CONDITIONS TO THE NORTHWEST PART OF THE PROPERTY.

YOU CAN SEE THE DENSE GREEN AREA ON THAT SLIDE TO YOUR RIGHT HAS BEEN BETTER PRESERVED. TREES WOULD HAVE TO BE DONE TO ACCOMMODATE DEVELOPMENT. SOME TYPE TO CHANGE AFTER MODIFYING THE LOCATION FOR BETTER USE CONDITIONS.

THE LOT DISTRIBUTION IN TERMS OF THE DENSITY AND NUMBER OF LOTS HAS NOT ALTERED FROM THE APPROVED ZONING.

NEXT SLIDE, PLEASE. JUST TO REITERATE THE LOT DISTRIBUTION IN TERMS OF THE CATEGORIES THAT WE HAVE APPROVED, TYPE ONE, TWO AND THREE IN TERMS OF WHAT THE ZONING DESIGNATIONS WOULD BE, IN TERMS OF THE DEVELOPMENT, MINIMUM LOT SIZES. THEY PROVIDE SOME -- TYPE ONE LOTS ARE JUST ATTACHED PRODUCTS. TYPE TWO SMALLER ONCE AND TYPE THREE SMALLER THAN THAT. THEY ARE PLACED IN FRONT OF THE OPEN SPACES. THEY ARE THE USE CONDITIONS I WAS REFERRING TO. THEY HAVE HOMES THERE TO ACCOMMODATE A SLIGHTLY DENSER PROPERTY.

I WANTED TO MIX UP THE SLIDES FROM THE LAST WORK SESSION.

LET ME TALK ABOUT THE EMS AND FIRE FACILITY.

THE PROPOSED LOCATION, OR POSSIBLE LOCATION OF THAT FACILITY, THE FIRE CHIEF IS WITH US.

HE CAN INTERJECT ANY TIME AND IF ANYONE HAS QUESTIONS THAT I'M UNABLE TO ANSWER, HE WILL FIELD THEM MUCH BETTER THAN I WILL.

ORIGINALLY THE PROPOSED AGREEMENT REFLECTED A 1.5 ACRE SITE AN $500,000 IN ESCROW FOR THE DESIGN AND CONSTRUCTION OF

[00:15:09]

THE FACILITY. THEY WILL TALK OVER THAT WITH THE APPLICANT. IT WAS THOUGHT THAT POSSIBLY HAVING THE EMS/FIRE FACILITY CLOSER TO VINSON ROAD WOULD MAKE MORE SENSE. AS A RESULT, THERE ARE TWO POSSIBLE LOCATIONS THAT ARE REFLECTED THERE.

ONE OF THE TWO LOCATIONS WILL BE SELECTED AT THE TIME OF FUTURE DISCUSSION AS IT RELATES TO THE CLOSURE OF THE DISCUSSION ON CONSTRUCTION FOR THE FIRE STATION.

NEXT SLIDE, PLEASE. TO GIVE YOU A SYNOPSIS OF WHAT THE AGREEMENT DISCUSSES AS IT RELATES TO EMS/FIRE FACILITY, CONSTRUCTION SHALL COMMENCE NO LATER THAN 60 DAYS AFTER THE CITY ACCEPTED THE INFRASTRUCTURE OF PHASE TWO.

PHASE ONE IS TARGETED APPROXIMATELY 180 TO 200 LOTS.

COMPLETION OF THE FACILITIES WILL BE ACHIEVED NO LATERED THAN 12 MONTHS AFTER COMMENCEMENT OF CONSTRUCTION.

AND THE EMS FACILITY 1.5 ACRES THAT IT'S CONSTRUCTED ON WILL BE CONVEYED TO THE CITY. THERE WAS ALSO A PARAGRAPH SECTION 7 OF THE DEVELOPMENT AGREEMENT THAT TALKS ABOUT A SUBAGREEMENT AS IT RELATES TO THE -- AS IT RELATES TO THE SPECIFICITY FOR THE EMS/FIRE FACILITY.

PRIOR TO CONSTRUCTION OF ANY INFRASTRUCTURE, OF THE INFRASTRUCTURE IN PHASE ONE, FOR EXAMPLE, THERE WOULD HAVE TO BE THE DELINEATION OF WORK IDENTIFYING RESPONSIBILITY OF THE CONSTRUCTION OF THE EMS/FIRE FACILITY BETWEEN THE DEVELOPER, HOME BUILDERS AND THE CITY. IN THE EVENT AN AGREEMENT IS NOT REACHED PRIOR TO THIS DATE, THE SYSTEM THAT WAS WAIVED IF THIS WENT FURTHER WOULD BE REQUIRED IN THE TYPE ONE AND TYPE TWO HOMES. IT WOULD REVERT BACK TO THE ORIGINAL 1.5 ACRES OF LAND WOULD BE DEDICATED TO THE CITY WITH THAT $500,000 IN ESCROW. I'M HAPPY TO ENTERTAIN ANY QUESTIONS RELATED TO THIS ASPECT IF COUNCIL HAS ANY.

OTHERWISE, I CAN KEEP MOVING ON. >> I DON'T KNOW IF THIS IS THE TIME TO BRING IT UP OR NOT, BUT I HAVE CONCERNS ABOUT THAT FOURTH BULLET ON THIS PAGE BECAUSE I FEEL LIKE IT JUST PUTS US BACK TO WHERE WE WERE BEFORE. I'D LIKE THAT WE MADE GOOD PROGRESS ON THIS, BUT I FEEL LIKE THAT BULLET IN ITSELF JUST NEGATES THE PROGRESS THAT WE MADE.

IN TWO AREAS. ONE IS EITHER PARTY CAN SAY THEY CAN'T REACH AN AGREEMENT. THAT $500,000 IS WHAT WAS OFFERED OR IN THE DETAILS. BUT THE ESTIMATED COST OF THE STRUCTURE IS 850,000. SO IF IT WAS BY THE DEVELOPER AND THE HOME BUILDERS, WERE GETTING THE BENEFIT OF 850,000 VALUE, BUT IF WE DON'T COME TO AN AGREEMENT, THEN ANY PARTY CAN NEGATE COMING TO AN AGREEMENT, WE'RE BENEFITTING ONLY FROM 500,000 AND EVEN WORSE THAN THAT BECAUSE WE CAN'T BUILD IT TO A CONTRACT AS REASONABLY PRICED, AS THEY CAN, THE BUILDER, AS PART OF THE PROJECT DEVELOPMENT. I'M REAL HAPPY WITH ALL THE INFORMATION WE'VE GOTTEN AND THE PROGRESS WE'VE MADE EXCEPT FOR

THIS BULLET. >> AND I KNOW THE APPLICANT IS PRESENT AND PERHAPS WE CAN ADDRESS THAT AND HAVE THAT CONVERSATION IF IT'S THAT $850,000, PERHAPS THAT CAN BE VIEWED IN WHAT'S ON THE FOURTH BULLET.

DEFINITELY, WE CAN POSE THAT QUESTION TO THE APPLICANT.

>> ONE OF THE REASONS WE PUT THAT CLAUSE BACK IN THERE IS BECAUSE WE DIDN'T WANT TO LOSE ANY GROUND AT ALL.

I CAN TELL YOU THAT IT'S THE DEVELOPERS INTENT TO MAKE THIS WORK. WE HAVE MADE PROGRESS.

[00:20:03]

THEY WILL WORK WITH US. WE JUST WANTED TO READ THAT IN THERE SO WE WOULDN'T LOSE ANY GROUND AT ALL.

>> BUT IT NEEDS TO BE REWORDED. >> OKAY.

WE CAN ALL MAKE THAT AGREEMENT. I THOUGHT THEY WOULD AGREE TO

THAT. >> IF WE CAN HEAR FROM THE APPLICANT NOW OR WHENEVER THE APPROPRIATE TIME IS.

SINCE THIS WAS UP ON THE PAGE, I WANTED TO HIGHLIGHT THAT I HAD A CONCERN ABOUT THAT. I APPRECIATE THE CLARIFICATION ON THE INTENT OF THIS BULLET THAT THE UNFORTUNATE RESULTS OF THIS WORDING IN THE PROPOSED AGREEMENT GIVES AN OUT THAT I DON'T THINK WE WANT IN THAT KIND OF LEGAL LANGUAGE.

>> UNDERSTANDABLE. >> NEXT SLIDE, PLEASE.

WE'RE GOING TO DISCUSS THE PROPOSED ENHANCEMENT AND SPECIAL BENEFIT THAT WAS CONVEYED TO THIS PROPERTY.

AS YOU CAN SEE IN THE RED DOTTED LINE REFLECTED THERE, YOU CAN SEE THAT IT POSSESSES THE FLOOD PLAIN.

THERE IS SOME AREA THAT IS WITHIN THE FLOOD PLAIN.

THE AP PHREU -- APPLICANT IS PROPOSING A TRAIL AS WELL AS THE AMENITIES WITHIN THAT DIVISION. THE APPLICANT IS ALSO GOING TO, SHOULD THE DEVELOPMENT AGREEMENT BE APPROVED, INSTALL AN EIGHT FOOT HIKE AND BIKE TRAIL. IT WOULD BE DECOMPOSED GRANITE AGGREGATE OR SIMILAR PERVIOUS MATERIAL SO THAT IT -- THE MATERIAL WOULD BE PERVIOUS TO ALLOW NO RUNOFF.

SHOULD THERE BE OTHER FORM OF MATERIAL THAT ACHIEVES THE SAME EFFECT WITHOUT COMPROMISING THE TRAIL INSTRUCTION FROM A GREEN HIKE AND BIKE TRAIL, THAT WOULD BE REVIEWED AT THE IME OF DEVELOPMENT PLAN APPROVAL. THE TRAIL SYSTEM CAN BE, THE HIKE AND BIKE TRAIL SYSTEM CAN BE CONSIDERED AN ENHANCEMENT BECAUSE, ONE, IT IS NOT REQUIRED.

IT IS NOT PART OF THE CITY'S TRAIL NETWORK.

THE PROPOSED MATERIAL IS PERPLABLE AND IT IS GOING TO THE GREATEST EXTENT POSSIBLE. AND IT ALSO PARTICIPATES IN MITIGATING THE URBAN HEAT ISLAND EFFECT.

NEXT SLIDE, PLEASE. AS PART OF THE DEVELOPMENT, YOU CAN SEE THERE'S SOME AREAS REFLECTED ON THE SLIDE IN THAT PICTURE IN FRONT OF YOU OF DEAD AREAS.

THESE ARROWS, IF YOU WERE TO SCALE THEM, ARE 20 FEET WIDE.

SO THE APPLICANT IS PROPOSING TO PROVIDE PEDESTRIAN CORRIDORS THAT ARE MEANT TO CONNECTIVITY BETWEEN THE HIKE AND BIKE TRAIL SYSTEM, NEIGHBORHOOD SIDEWALKS AND THE POCKETS.

IT WILL CREATE MORE CONNECTIVITY.

THEY CREATE ADDITIONAL SEPARATION FROM VEHICLES AND ENRICH THE PEDESTRIAN ENVIRONMENT FOR THE USE OF THE PATH TO CREATE AN ILL ADVISED EFFECT.

NEXT SLIDE, PLEASE. THIS SLIDE REFLECTS THE PROPOSED PARKS THAT ARE GOING TO BE PART OF EACH AREA OF DEVELOPMENT WITHIN THIS COMMUNITY, FUTURE COMMUNITY.

AS YOU CAN SEE IT THERE ON THAT SLIDE IN ALPHABETICAL -- BY ALPHABET, A, B, C, D, AS YOU CAN SEE.

MOST OF THEM FOLLOW AN EXISTING TREE CANOPY AREA, BUT THERE ARE ALSO SOME CREATIVE PARKS WITHIN THE RESIDENTIAL SPACE ITSELF.

THE PARKS COULD CONSIST OF STREET ITEMS, PEDESTRIAN BOULEVARDS AND PUBLIC AREAS. MINIMUM SIZES ON THE POCK ETD PARK IS 0.2 ACRE. EACH PARK WILL INCLUDE ONE ENHANCEMENT OPTION. IT COULD BE TWO.

SUCH AS NESTING BOXES, SEEDLING AND CUTTING GARDENS, FIREPITS, SWINGS, SHADE STRUCTURE, A LITTLE FREE LIBRARY, DOG PARKS.

THESE WILL BE FEATURED IN SOME OF THE ACTIVITY PLACES.

[00:25:05]

THE PARK IS INTENDED TO BE SPREAD OUT THAT ALLOW AND ENCOURAGE COMMUNITY ACTIVITY AND PARTICIPATION.

NEXT SLIDE, PLEASE, LAURA. THE APPLICANT IS PROPOSING A FURTHER ENHANCEMENT. AND THAT'S RELATED TO THE SCREENING MECHANISM ASSOCIATED WITH THAT SITE, SPECIFICALLY AS IT RELATES TO FENCING AREAS, WALLS AND ADJACENT TO THE GARDEN INDEPENDENT SCHOOL DISTRICT SITE.

SO IT IS INTEGRATING SCREENING AND LANDSCAPING WITH A PEDESTRIAN BOULEVARD AS WELL AS A FEATURE ALONG THE SITE AND MAKING THEM INTO USABLE PEDESTRIAN CORRIDORS.

THEY WILL ALSO BE ABLE TO CONNECT TO THE EXISTING INTERNAL TRAIL NETWORK PROPOSED IN THIS COMMUNITY.

A SIDEWALK/TRAIL WILL MEANDER IN THE BUFFER PROVIDING THAT PEDESTRIAN FRIENDLY ENVIRONMENT. IF YOU CAN SEE PICTURE, AFTER MATURITY OF THESE TREES WILL PROVIDE SUFFICIENT CANOPY COVER, THEREBY IMPACTING THE HEAT ISLAND.

AN 80 FOOT BUFFER WILL BE PROVIDED ALONG VINSON ROAD AND 40 FEET ALONG STONEWALL DRIVE. CANOPY TREES ALONG THE GISD SITE WITH A 25 FOOT WIDE BUFFER. THEY ARE INSTALLING OR WILL BE INSTALLING ONE CANOPY TREE FOR EVERY 30 LINEAR FEET OF FRONTAGE. NEXT SLIDE, PLEASE.

I DON'T HAVE A PICTURE FOR THIS. OF COURSE, THE PRESENTATION AND THE PACKET AND THE REPORT SHOW EXAMPLES OF WHAT IT IS.

THE APPLICANT, IT'S THE ABILITY TO CREATE A SYSTEM THAT UTILIZES RAIN WATER TO IRRIGATE LANDSCAPING.

THAT IS BEING PROPOSED AND IF APPROVED WILL BE DONE.

IT COLLECTS RAIN WATER FROM PLACES SUCH AS ROOF TOPS, PARKING LOTS, STREETS, AND DEPOSITING IT INTO THE LAKE SYSTEM. THE INTENT IS TO ENSURE THE STORMWATER DRAINS AWAY FROM THE BUILDING, CREATES OPPORTUNITIES TO HARVEST THAT RAINWATER FOR STORAGE TO BE REUSED FOR LANDSCAPING AREAS THAT THEY HAVE AND SOME OF THAT.

AND ALSO THEN LESSENS THE NEED FOR A RETENTION FACILITY.

THE SYSTEM IS AN ENHANCEMENT, THE GREEN IRRIGATION SYSTEM, BECAUSE IT TENDS TO WORK WITH THE NATURAL FEATURES OF THE SITE RATHER THAN TYPICAL DETENTION SYSTEMS WHICH ARE HEAVY WITH CONCRETE. NEXT SLIDE, PLEASE.

I WOULD LIKE TO RECAP SOME OF THE CONDITIONS -- WELL, CONDITIONS THAT WERE APPROVED AS PART OF THE ZONING ORDINANCE.

DENSITY, AS I MENTIONED EARLIER, IS CAPPED.

IT IS NOT CHANGING 3.2 UNITS PER ACRE WITH 765 UNITS.

THE FINAL SYSTEM WILL BE REQUIRED IN THE RESIDENTIAL STRUCTURES. MINIMUM AVERAGE LIGHT LEVEL ON SIDEWALKS WILL BE .5 CANDLES. AND THE FRONT GARAGE SET BACK NOT LESS THAN 60 FEET, SHALL BE TEN FEET.

MINIMUM AND MAXIMUM SIZES OF THE HOME ARE DEPICTED RIGHT THERE.

THIS ELEMENT WILL ALSO BE ENCAPSULEATED WITHIN THE DEVELOPMENT. NEXT SLIDE, PLEASE.

THE NEXT STEP RESOLUTION FOR THE DEVELOPMENT AGREEMENT TO BE APPROVED IS TO DEVELOP A COST DETERMINATION.

OF COURSE, WE CAN TALK ABOUT THAT ONCE THE OTHER QUESTIONS HAVE BEEN ANSWERED, SHOULD YOU HAVE ANY.

PROPOSED ASSESSMENT IS FILED WITH THE CITY SECRETARY.

PUBLIC HEARINGS WILL BE REQUIRED AND THIS JUST IDENTIFIES WHAT THOSE NEXT STEPS WILL BE. LAURA, NEXT SLIDE, PLEASE.

STAFF RECOMMENDATION IS THE THIS POINT IS TO APPROVE A RESOLUTION ACCEPTING AND APPROVING THE DEVELOPMENT FOR THE PUBLIC IMPROVEMENTS THAT ARE PROPOSED FOR THE DEVELOPMENT.

THESE ARE BEYOND CITY CODE. AND CAN BE VIEWED AS SPECIAL BENEFITS ON A PROPERTY. WITH THAT, I'LL TRY AND AN ANY

[00:30:02]

QUESTIONS. I DO KNOW THERE IS A TEAM OF INDIVIDUALS WHO ARE HERE. I BELIEVE DREW IS HERE AS WELL.

EVEN COUNSEL. I'LL TURN IT OVER TO YOU NOW.

>> THANK YOU. THANK YOU VERY MUCH.

THANK YOU FOR BEING HERE, PRESTON AND DREW.

IS IT JUST THE TWO OF YOU? >> I BELIEVE SIMON AND RICK

ROSENBERG ARE HERE AS WELL. >> OKAY.

THANK YOU. >> YES, MA'AM.

>> OKAY. I'M EXCITED TO SAY I'M NOT GOING TO SAY I STILL NEED INFORMATION FROM YOU.

>> I'M PLEASED TO HEAR THAT. >> DOESN'T MEAN SOMEBODY ELSE ISN'T GOING TO SAY IT, BUT I'M NOT GOING TO SAY IT.

I FINALLY HAVE THE INFORMATION THAT I'M ASKING FOR, SO I

APPRECIATE THAT. >> YES, MA'AM.

>> WE ALL HAVE A VERY COMPREHENSIVE PRESENTATION.

WE'VE HAD COMPREHENSIVE PRESENTATIONS FROM THE APPLICANT BEFORE. DO YOU HAVE ANYTHING ELSE TO ADD OR DOES COUNSEL WANT TO HEAR A PRESENTEDATION FROM THE APPLICANT OR ARE WE JUST GOING TO GET DOWN TO QUESTIONS AND

ANSWERS? >> WE'D BE HAPPY TO JUST ANSWER QUESTIONS. THERE'S ONLY THREE BULLET POINTS I'D LIKE TO ADDRESS. MAYBE WE CAN DO IT QUICKLY WITHOUT GOING THROUGH THE PRESENTATION.

SAVE EVERYBODY SOME TIME. I MAY NEED TO PULL UP ONE OF THE SLIDES. LET'S NOT JUST DO THAT JUST YET.

FOR THE RECORD PRESTON WALLHOOD. MAYOR AND COUNCIL, THANKS FOR HAVING US BACK. THERE'S A LETTER WE SENT TWO WEEKS AGO STARTED TO PROVIDE CLARITY ON THE ALLOCATION.

YOU CAN SEE THE DETAILS OF THE FUNDS AS THEY'RE SPEPB OVER THE PHASES GIVES YOU INSIGHT INTO THE PHASING PROGRAM AND THE COST OF EACH OF THOSE PHASES. REALLY OUR GOAL IS TO WORK ON CONSTRUCTION OF THIS ENHANCED INFRASTRUCTURE.

IT'S REALLY A GREEN INFRASTRUCTURE.

THE GOAL THERE IS THAT THE GUIDELINES COULD BE A MODEL FOR A GREEN INFRASTRUCTURE FOR OTHER INFRASTRUCTURE THAT'S DEVELOPED THROUGHOUT THE CITY. THIS IS THE FIRST TIME IT'S BEEN DONE. WE HOPE IT'S DONE IN A WAY YOU'RE HAPPY WITH IT, THAT YOU CAN UTILIZE IT IN THE FUTURE.

THIRD, WE REALLY WORKED WITH THE CHIEF.

CHIEF HOWARD HAS BEEN INSTRUMENTAL IN GETTING THIS DONE. I CANNOT THANK HIM ENOUGH FOR MAKING TIME WITH EVERYTHING ELSE GOING ON WITH COVID-19 AND THE DISARRAY EVERYONE IS IN. HE'S MET WITH US SEVERAL TIMES.

WE'VE BEEN ABLE TO IDENTIFY SPECIFICS THAT HE NEEDS IN A STATION AND HOW IT SHOULD BE CONSTRUCTED AND WHERE IT SHOULD BE LOCATED AND ACCESS POINTS. I FEEL LIKE WE'RE REALLY IN A GOOD SPOT WITH THAT. SO OUR GOAL IS TO REALLY BE THERE, TO THE CHIEF'S POINT, IS TO DELIVER A STATION.

THE CHIEF BACKED INTO THE SQUARE FOOTAGE HE NEEDED AND THE BUDGET AND WE HAVE CONFIRMED WE ALSO AGREE WITH THAT AND THINK THAT'S ATTAINABLE. WE'RE EXCITED TO ANSWER ANY QUESTIONS OR ALLEVIATE ANY CONCERNS THAT YOU MAY HAVE ABOUT

THAT GOING FORWARD. >> OKAY.

THANK YOU VERY MUCH, PRESTON. I THINK, IF IT'S OKAY WITH YOU, THE APPLICANT, I'LL TURN IT OVER TO THE CHIEF BRIEFLY.

I KNOW IT'S BEEN A BIG CONCERN FOR MANY OF US.

CHIEF, HOW DO YOU THINK THE ISSUES ARE BEING ADDRESSED IN REGARDS TO FIRE AND EMS SERVICES? AND WHERE DO YOU THINK WE'RE AT ON ALL OF THIS?

STKPWHRF -- >> I THINK THEY'VE BEEN VERY WILLING TO MEET THE NEEDS THAT I FEEL LIKE WE'RE GOING TO NEED IN WHAT I'M GOING TO CALL A ALLY - NEIGHBORHOOD STATION OR FIELD STATION. MUCH SMALLER STATION THAN WE HAVE IN SOME OTHER AREAS THAT WOULD MEET THE NEEDS AND THE DEMANDS. THE MOST IMPORTANT THING FOR US IS TO PROVIDE EMS SERVICE TO THAT AREA.

IT'S A VERY LONG TIME. WE'RE GOING TO HAVE A FACILITY OUT THERE. WE TALKED ABOUT REQUIREMENTS AND THEY SAID THEY ALREADY KNEW THEM.

I BELIEVE THAT'S PART OF THE DEAL.

>> OKAY. THANK YOU VERY MUCH, PRESTON AND CHIEF. SO, COUNCIL, I'M GOING TO OPEN IT UP TO QUESTIONS. ANYBODY HAVE ANY QUESTIONS? WOW. I'M NOT SEEING ANY.

I WANT TO GO BACK TO MY CONCERN THAT I PREVIOUSLY STATED.

[00:35:03]

I KNOW PRESTON, THAT YOU TALKED ABOUT IT EARLIER TODAY.

DAVID, ARE YOU PAYING ATTENTION? >> I HAVE GOT EVERYTHING THAT YOU'VE GOT. I DIDN'T REALLY PARTICIPATE IN THE AGREEMENTS. ALL I DID WAS WORD SMITH IT.

IT DOES PROVIDE AN OUT. IF THAT OUT IS EXERCISED, WE'RE BACK WHERE WE WERE BEFORE. PLUS A CASH CONTRIBUTION OF $500,000. I'D LIKE TO REVISE IT.

THAT'S SOMETHING WE SHOULD PROBABLY DISCUSS.

I AGREE WITH YOU, MAYOR, THE LANGUAGE NEEDS STRUCTURED.

>> PRESTON, HAVE YOU COME UP WITH ANY OPTIONS HERE OR DO YOU WANT US TO BRING OPTIONS? I WANT AN IRON CLAD, IT'S GOING TO BE DEVELOPED. I DON'T KNOW HOW FAR YOU'RE

WILLING TO GO HERE. >> CAN YOU SPEAK TO THAT? HOW WOULD YOU REVISE THE LANGUAGE?

>> YOU WANT IRON CLAD THAT THE STATION WILL BE DEVELOPED? I MEAN, THAT WOULD BE DEFAULT AND THEN THAT CLAUSE WOULD

SIMPLY GO AWAY. >> RIGHT.

>> I APPRECIATE WHAT YOU LIKE. >> SO THAT CLAUSE ALLOWS THE APPLICANT TO NOT BUILD A FIRE STATION.

>> SURE. >> BUT THE APPLICANT HAS AGREED TO BUILD THE FIRE STATION. SO I WANT THE OUT THAT THE APPLICANT, IN ANY SITUATION, CAN SAY, WE CAN'T COME TO AN AGREEMENT. AND IF YOU'VE AGREED TO BUILD THE FIRE STATION AND YOU KNOW WHAT THE PARAMETERS ARE AND YOU KNOW WHAT THE COSTS ARE AND YOU'VE AGREED TO DO THAT, THEN I DON'T THINK THERE SHOULD BE A GENERAL OUT IN CASE THERE'S AN AGREEMENT THAT DOESN'T COME IN PLAY.

DOES THAT MAKE SENSE? >> UNDERSTOOD.

I THINK THAT ONE THING -- PRESTON, CORRECT ME IF I'M WRONG, BUT THE SITE AGREEMENT REALLY WAS INTENDED TO ALLOW THE FIRE CHIEF TO HAVE SOME SAY IN DESIGN AND HAVE A CONSULTANT DOING THIS CERTAIN THING AND THAT CERTAIN THING.

>> CORRECT. >> I DON'T THINK IT WAS INTENDED AND MAYBE THAT'S A THING WE CAN CHANGE.

IT WASN'T INTENDED TO SAY IF WE DON'T COME TO AN AGREEMENT ON BUILDING THE FIRE STATION, IT'S MORE WORK SO PERHAPS IT'S NOT

THE RIGHT TIME. >> DREW, WHAT I READ INTO THOSE WORDS ARE, IF WE DON'T COME TO AN AGREEMENT ON A FIRE STATION, WE'RE RIGHT BACK INTO PUTTING THE FIRE SUPPRESSION SYSTEMS IN THE HOUSES. I KNOW WHY CHIEF WANTED TO GO DOWN THAT ROAD. BUT I DON'T WANT TO GO DOWN THAT ROAD. THAT JUST GIVES AN AUTOMATIC OUT

TO NOT BUILD A FIRE STATION. >> SURE.

>> MAYOR, THAT'S NOT DEFINITELY OUR INTENT.

THAT CLAUSE IS ACTUALLY NOT IN THERE UNTIL THE SECOND DRAFT WHEN, IN A MEETING, WE WERE DISCUSSING WHAT HAPPENS IF THIS DOESN'T HAPPEN? WE WENT DOWN THIS LONG ROAD OF DEFAULTS. NO ONE INTENDS TO GO THERE.

THAT WAS ADDED BACK IN AS A SECURITY BLANKET FOR THE CHIEF AND THE CITY, WHO WERE VERY OPEN TO LANGUAGE SUGGESTIONS.

>> I THINK THE CLAUSE NEEDS TO COME OUT.

>> WE'RE FINE WITH THAT. MANAUL, ARE YOU OKAY WITH THAT?

>> I'M TRYING TO MAKE SURE I UNDERSTAND.

I UNDERSTAND IF THE CLAUSE COMES OUT, WE WILL STILL HAVE AN AGREEMENT WHICH WILL REQUIRE THE HOME BUILDERS AND APPLICANT TO DEVELOP AND CONSTRUCT THE FACILITY.

AND THEN WE HAVE A COST ASSOCIATED WITH THAT.

CAN WE FOLD THAT INTO THE AGREEMENT? THAT SHOULD -- WHAT IF YOU DON'T PICK UP WITH PHASE 2? OR WHAT IF SOMETHNG HAPPENS ALONG THE WAY OR IT'S A DELAYED PROGRAMMING? I'M JUST TRYING TO ADDRESS THOSE

ELEMENTS. >> GO AHEAD.

[00:40:04]

>> SO I THINK, COUPLE THINGS IN THIS CLAUSE.

ONE, IS TAKING OUT IN THE EVENT THE SETTLEMENT AGREEMENT IS NOT REACHED I THINK IS NECESSARY SO THE MAYOR'S POINT.

THAT'S NOT REALLY THE TRIGGER, RIGHT? WE TURNED IT OVER INTO BUILD A FIRE STATION ON SOME TIMELINE.

IF THAT DIDN'T HAPPEN, THEN THERE WOULD NEED TO BE FIRE SUPPRESSION SYSTEMS. I THINK WE ALL AGREE THAT WOULD BE IMPORTANT IF FOR SOME REASON THERE WAS A DEFAULT.

SO I THINK WHAT WE NEED TO ACHIEVE HERE IS THERE A TIME FRAME UNDER WHICH WE CAN SAY CALL AND WITHDRAWAL.

I'M NOT SURE SETTLEMENT IS THE TRIGGER BUT IF THE FIRE CHIEF DECIDES THAT IT'S NOT PRACTICAL TO BUILD A STATION THERE, SOME OTHER THING UNDER THE CITY'S PERHAPS CONTROL, THEN THAT WOULD BE THE TRIGGER FOR REQUIRING THOSE FIRE SUPPRESSION SYSTEMS. BECAUSE I STILL THINK THIS DOES PROTECT YOU IN THE EVENT THERE IS A FIRE STATION BUT WHATEVER THAT IS.

>> THAT'S WHAT I WAS THINKING. IT NEEDS TO BE UNDER CITY CONTROL AND THE CONSIDERATION NEEDS TO EQUAL THE ESTIMATED

COST, NOT 350,000 LESS. >> SO THEN I HAVE A SUGGESTION.

REQUIRE -- SO, DELESION OF IF A SETTLEMENT AGREEMENT ISN'T REACHED IS CLEAR AND ADDITION OF AN ADDITIONAL $350,000 TO THE TOTAL AND THE REQUIREMENT OF THE FIRE SUPPRESSION SYSTEM AS WELL.

>> IF FOR SOME REASON THE CITY DETERMINES THE FIRE STATION WILL

NOT MEET THE REQUIREMENT. >> IF THAT OCCURS, WHICH WE HAVE NOT YET COME TO. I KEEP THINKING THE FINAL TERM.

>> YOU'RE HOLDING YOUR HEAD. >> I'M STRUGGLING WITH THIS.

IF THE CONSTRUCTION IS TO COMMENCE AFTER INFRASTRUCTURE FOR PHASE 2 IS COMPLETED, IF THEY JUST DID THE INFRASTRUCTURE FROM PHASE 1 AND BEGIN BUILDING PHASE 1 WITHOUT FIRE SUPPRESSION SYSTEMS, THAT FALL BACK DOESN'T REALLY HAVE MUCH OF AN EFFECT, AT LEAST IN THE FIRST STAGE OF TH PROJECT.

WE CAN'T DEMAND THEY RETROFIT SYSTEMS TO SUPRESS FIRES.

I'M NOT CRAZY ABOUT LOSING THE FALL BACK IF WE CAN'T CONSTRUCT OR IF THE DEVELOPERS FAIL TO BUILD THAT ACCORDING TO OUR SPECIFICATIONS OR TO OUR REQUIREMENTS, THEN WE'VE GOT NOTHING TO -- I MINE, RIGHT NOW THE REMEDY IS THEY GIVE US HALF A MILLION BUCKS AND WE'LL KEEP THE LAND.

BUT HALF MILLION BUCKS ISN'T GONNA CUT IT.

IF IT WERE -- IF WHAT THEY PAID US WERE TO BE EQUAL TO THE COST OF THE CONSTRUCTION OF THE FIRE STATION AND THEN THEY DIDN'T ENTER INTO THE SUBAGREEMENT, WE COULD DO IT OURSELVES.

>> THAT'S WHY I SAID THE AMOUNT HAS TO EQUAL THE ESTIMATED COST

OF CONSTRUCTION. >> EXACTLY.

>> MAYOR, WE'RE FINE WITH THAT. THERE'S NO FINANCIAL INCENTIVE TO NOT DO THIS. WE'RE COMFORTABLE.

>> WITH RESPECT TO PHASE ONE, FIRE CHIEF IS A BETTER CHOICE BUT MY UNDERSTANDING IS THAT PERHAPS THERE'S SOME THOUGHT PROCESS THAT EXISTING FACILITIES ARE CAPABLE OF SERVING PHASE ONE

SORT OF THE EXTRA. >> LET'S LET THE CHIEF ANSWER

THAT QUESTION. >> WE HAVE AREAS THAT WE HAVE CHALLENGES WITH TODAY THAT WE'RE TRYING TO OVERCOME.

CORRECT ME IF I'M WRONG, BUT THE INFRASTRUCTURE FOR PHASE 2 WILL START WHEN PHASE 1 IS 50% BUILT UP.

WE HAVE LESS OF A PROBLEM WITH CAN'T ACTIVELY PROTECT AT THAT POINT. THE RISK IS A LITTLE BIT LOWER.

[00:45:11]

THAT'S A CHALLENGE THAT THEY HAVE TO COME UP WITH GROWTH.

THERE ARE TIMES WHERE THESE RESPONSE TIMES I THINK WE'RE IN

GOOD SHAPE. >> THANK YOU VERY MUCH, CHIEF.

WHAT IS YOUR DRIVING DECISION MAKING ON THAT TIME PERIOD TO

START THE FIRE STATION IN THAT. >> OF PHASE TWO?

>> THE LOCATION YOU WOULD LIKE WILL BE IN A SECOND PHASE OF DEVELOPMENT SO WE HAVE TO RUN INFRASTRUCTURE FROM THE MASTER INFRASTRUCTURE UP AND OVER PHASE 1 AND DOWN AND OVER TO PHASE 2 BECAUSE IT CROSSES THE CREEK. SO THAT WILL BE DELIVERED IN THE SECOND PHASE OF CONSTRUCTION. WE'RE ALSO DELIVERING NOT FOR ALL LAND BUT FULLY PADDED OUT AND SERVICEABLE SITE THAT IT WILL BE BUILT ON SO IT HAS TO BE TIED TO THE ACCEPTANCE OF THAT INFRASTRUCTURE WHERE YOU CAN START BUILDING.

WE WILL START PHASE 2. THEY WILL NOT KEEP UP EVERY TIME THEY PURCHASE A LOT. WE'RE LOOKING AT MAYBE 20% OF THE PHASE ONE HOMES BEING ON THE GROUND BY THE TIME PHASE 2 IS COMP COMPLETE.

>> WHAT I THINK THE LANGUAGE NEEDS TO SAY, WE'RE COMMITTED TO BUILD THE FIRE STATION AND IF YOU DEFAULT ON THE TIMING OF THAT COMMITMENT, THEN THE CONSIDERATION IS 850,000.

>> I THINK I HEARD YOU SAY YOU ARE FINE WITH THAT.

>> WE'RE COMMITTED TO GETTING THIS DONE.

>> I WANT YOU TO BUILD THE STATION.

YOU CAN BUILD IT CHEAPER THAN WE CAN.

>> WE CAN. >> I HAVE A QUESTION.

WE WILL DESIGN THIS PRIOR TO ANY INFRASTRUCTURE CONSTRUCTION IN PHASE 1, CORRECT? I JUST WANT TO MAKE SURE THAT WE'VE ALIGNED EVERYTHING IN STEPS SO THAT WE DON'T RUN INTO ROAD BLOCKS ALONG THE WAY AND SAY THIS IS DETERMINED MUCH AND

NOT WHEN. >> THAT'S PRETTY MUCH THE WORDING THAT HAS TO BE DEFINED. IS THAT WHAT YOU'RE SAYING?

>> YES, EXACTLY. >> ARE YOU COMFORTABLE WITH

THAT? >> TOTALLY.

>> IS THAT SOMETHING YOU CAN, THE LANGUAGE CAN BE AGREED UPON?

>> YES. ONLY QUESTION I HAVE IS WHETHER YOU WANT TO DO IT BY MOTION TONIGHT, AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WITH THE AMENDMENT DISCUSSED SO THAT THE CITY ATTORNEY CAN APPROVE OR IF YOU WANT TO RESCHEDULE IT UNTIL THE NEXT MEETING SO COUNCIL WILL HAVE AN OPPORTUNITY TO LOOK AT

THE REVISAL. >> I DON'T WANT TO JUMP TO CONCLUSION. WE HAVEN'T EVEN TALKED ABOUT WHETHER THIS IS APPROVED OR NOT. WE HAD TO RESOLVE THIS CONCERN IN MY MIND BEFORE WE VOTE. SOMETIMES WHAT HAPPENS IN THESE KINDS OF SITUATIONS IS WE GET OFF ON ANOTHER TOPIC AND WE FORGET WHAT WE'RE REALLY HERE FOR.

WE'RE REALLY HERE TO SEE IF WE'RE GOING TO MOVE FORWARD WITH THIS. ALL I WANT TO HEAR RIGHT NOW FROM YOU, DAVID, IS YOU'RE COMFORTABLE THAT THERE'S A WAY

TO DO THIS. >> YES.

>> AND WE CAN TALK ABOUT THE DETAILS AS THAT IF THIS EVEN PASSES. I ALSO WANT TO HEAR YOU THINK WE'VE COVERED OUR BASES FROM A RISK AND LIABILITY STANDPOINT HERE, BOTH MANAUL, DAVID AND COUNSEL.

>> IF THE DEFAULT PAYMENT IS ROUGHLY EQUAL THE COST OF THE CONSTRUCTION OF THE STATION, WE'RE IN GOOD SHAPE.

IF THEY SCREW US, THEY WALK AWAY AND FILE BANKRUPTCY, THAT'S IT.

>> I'M HEARING THE APPLICANT IS OKAY WITH THAT CONCEPTUALLY?

>> YES. WHAT WE WOULD REQUEST IS THAT WE

[00:50:03]

CONSIDER THE APPROVAL OF THE WHOLE AGREEMENT AND IF DREW AND DAVID HAVE A LANGUAGE PIECE THEY WOULD LIKE TO SUBSTITUTE, WE CAN ALWAYS COME BACK AND AMEND THE WHOLE PARAGRAPH IN THE DEVELOPMENT AGREEMENT RATHER THAN TRYING TO DO IT IN A WORD

SMITH OF A MOTION. >> I'M NOT SURE I'M COMFORTABLE WITH THAT. OKAY.

LET'S MOVE PAST THAT SPECIFIC PART OF THAT TOPIC, IF WE CAN.

MANAUL, WERE YOUR CONCERNS ADDRESSED?

>> YES, THANK YOU. >> COUNSEL, QUESTIONS,

DISCUSSIONS, BLAKE? >> YEAH.

I WAS GOING TO SAY I AM THRILLED TO SEE THAT THE PROGRESS IS MADE ON THE FIRE STATION. I BELIEVE IT'S VERY IMPORTANT THAT WE HAVE A STATION UP THERE TO PROVIDE PUBLIC SAFETY TO THAT AREA WITH THAT MANY HOMES THAT WE'RE BUILDING.

THANK YOU ALL FOR THE HARD WORK ON THIS.

>> OTHER QUESTION, COMMENTS? I CAN TELL MARTHA IS TRYING TO RAISE HER HAND. MARTHA?

>> I'LL JUST MAKE A GENERAL COMMENT.

A LOT OF THE GREEN INFRASTRUCTURE THAT YOU'VE INCORPORATED INTO THE DESIGN OF THIS DEVELOP MMENT AND I KNOW T IRRIGATION PIECE, THE PAVEMENT, ALL THE TRAILS, THE TREE CANOPY, THE PRIVATE PARKS, I JUST LOVE ALL OF THESE EXTRAS THAT YOU'VE BUILT INTO THIS. I DO WISH IT GREAT SUCCESS AND THAT IT WILL BE A MODEL FOR FUTURE DEVELOPMENT.

I LOVE THE DIRECTION THAT YOU'RE GOING IN.

I AM VERY HAPPY TO HEAR THAT YOU'RE WILLING TO TAKE INTO CONSIDERATION THE CONSTRUCTION OF A FIRE STATION WITHIN YOUR DEVELOPMENT. I FEEL LIKE THAT WAS REALLY A DEAL KILLER FOR ME IF WE DID NOT HAVE THAT.

SO I'M VERY PLEASED TO HEAR THAT YOU GOT THAT WORKED OUT.

WITH THE RECOMMENDED TWEAKS TO THE LANGUAGE, I WOULD BE IN SUPPORT OF APPROVING THIS DEVELOPMENT AGREEMENT.

>> THANK YOU, MARTHA. ANY OTHER QUESTIONS? I'M GONNA ENTERTAIN A MOTION. I WOULD SUGGEST WAITING FOR CITY ATTORNEY APPROVAL OF THIS SUGGESTION, IS IF SOMEONE IS GOING TO MAKE A MOTION TO APPROVE, THEY GET THE MOTION TO APPROVE WITH THE CAVEAT THAT OUR CITY ATTORNEY APPROVES THE REVISED LANGUAGE OF THE DEVELOPMENT AGREEMENT TO MEET THE CONCERNS PREVIOUSLY EXPR

EXPRESSED. >> YES.

I PREFER THE MOTION TO BE LIST THE REVISIONS DISCUSSED DURING THE MEETING AUTHORIZING IT SUBJECT TO CITY COUNCIL

APPROVAL. >> I WAS SO CLOSE.

>> YOU WERE THERE. >> BLAKE, YOU HAVE YOUR HAND

RAISED. >> YEAH.

THE ONLY THING I WOULD SAY ABOUT THAT MOTION -- EXCUSE ME.

WHAT DAVID SAID. >> IS THAT LEGAL?

>> SURE, IT IS. WE HAVE TO GET THE MOTION DOWN.

>> I'LL SECOND WHAT DAVID SAID. >> GOLLY.

ALL RIGHT. I HAVE A MOTION AND A SECOND WHICH IS TO APPROVE THE DEVELOPMENT AGREEMENT WITH THE AMENDMENTS THAT WERE DISCUSSED IN THIS MEETING WITH AUTHORIZATION FOR THE MAYOR TO SIGN WITH CITY ATTORNEY APPROVAL. THAT'S THE MOTION I JUST HEARD.

DOES ANYBODY DISAGREE WITH THAT? OKAY.

ANY DISCUSSIONS? FURTHER DISCUSSIONS? ALL RIGHT. ALL IN FAVOR, RAISE YOUR HAND.

LOOK THERE, PRESTON. YOU GOT 6-0 VOTE.

>> THANK YOU VERY MUCH. IT'S BEEN A LONG ROAD TO GET STARTED, BUT WE'RE ABOUT TO INUNDATE MANAUL WITH CIVIL

DOCUMENTS. >> I WANT TO GO BACK TO A PAGE SHE HAD OF THE NEXT STEPS. DID YOU JUST GET WHAT YOU NEED OR DO WE NEED OTHER MOTIONS AND APPROVALS?

>> NO. I THINK WE'RE FINE FOR NOW.

>> OKAY. I THINK THIS IS GONNA BE A GREAT

[00:55:02]

DEVELOPMENT. I REALLY APPRECIATE THE LONG ROAD AND LOOKING FORWARD WITH YOU.

MANAUL AND HER TEAM ARE EXCELLENT.

I HOPE WE HAVE A LONG PROSPEROUS RELATIONSHIP.

>> YOU ARE RIGHT. THANK YOU VERY MUCH.

WE APPRECIATE WORKING WITH YOU. >> ALL RIGHT.

SILENCE. >> WE'LL GET THERE.

WE'RE VERY EXCITED ABOUT THIS AND READY TO ROLL UP OUR SLEEVES

AND MAKE IT HAPPEN. >> OKAY.

DREW AND DAVID WILL WORK ON THAT LANGUAGE.

I'M NOT GONNA SIGN IT IF I DON'T LIKE THAT LANGUAGE, DREW.

>> I HAVE ALREADY GOT A RED LINE TO PRESTON.

WE'LL GET THIS TO YOU AS SOON AS POSSIBLE.

ALL RIGHT. I THINK THAT'S IT FOR THIS ITEM,

IS THAT CORRECT? >> YES, MA'AM.

THANK YOU VERY MUCH. >> THAT CONCLUDES OUR REGULAR

[2. EXECUTIVE SESSION]

MEETING. WE STILL HAVE AN EXECUTIVE SESSION AND WE'LL COME BACK INTO THE REGULAR MEETING AFTER THE CONCLUSION OF THE EXECUTIVE SESSION.

SO I'M GOING TO ASK FOR A FIVE MINU

* This transcript was compiled from uncorrected Closed Captioning.