Jun 20, 2023 City Council

YOU WANT TO COME UP AND GIVE US A LITTLE UPDATE

FIRST, I'LL SEE PRESTON.

>> SURE, BE HAPPY TO.

>> THEN MR. BIRKHOFF.

>> GOOD EVENING, MAYOR, COUNCIL, PRESTON WALHOOD, 4040 NORTH CENTRAL DALLAS, TEXAS.

GLAD TO BE BACK IN HERE TO PRESENT WHITESTONE ESTATE'S PHASE 5.

DONIHOO FARMS IS THE OWNER AND DEVELOPER OF THIS PHASE.

IT'S FOR THOSE NUAN COUNCIL PART OF OUR ONGOING MASTER PLAN HERE IN PARKER.

WHITESTONE ESTATE IS ROUGHLY 450 ACRES IN TOTAL, AND WE'LL HAVE SEVERAL HUNDRED HOME SITES WHEN IT'S COMPLETE.

THE AVERAGE LOT SIZE IS OVER ONE-AND-A-HALF ACRES.

THIS PARCEL IS COMBINED WITH MULTIPLE PARCELS BASED ON A DEVELOPMENT AGREEMENT AND A ZONING CASE, AND WHITESTONE PHASE 5 WILL DELIVER 90 ADDITIONAL HOME SITES FOR THE BUILDERS TO CONTINUE THEIR ONGOING BUILDING PROGRAM.

CURRENTLY, SHADOW COMES AND GRANT HOMES HAVE BEEN BUILDING IN HERE AND THEY WILL BOTH CONTINUE INTO PHASE 5.

PHASE 5 WAS A REALLY UNIQUE AND FUN PHASE FOR US.

WE WERE ABLE TO DELIVER A COUPLE OF PONDS WITH THIS PHASE, SO THERE'S A LARGE 11-ACRE LAKE WITH A WALKING TRAIL THAT'S ON THE EAST SIDE OF THE PROJECT.

THIS WAS A FIRST TO PUT A CONCRETE WALKING TRAIL IN AN OPEN SPACE AND WE'RE HOPEFUL THAT THE RESIDENTS REALLY USE IT AND ENJOY IT AND GET SOME GOOD USE OUT OF THIS.

IT'S NOT ON THE PLAT.

IT'S PART OF THE DRAINAGE AREA PLAN, SO IT'S NOT ACTUALLY NOTED HERE,

[00:10:01]

BUT YOU CAN SEE IT'S IN THAT OPEN SPACE AREA WHERE LEAKS CURSOR IS.

YES, INTO THE LEFT.

THE CONSTRUCTION ON THIS PROJECT STARTED A LITTLE OVER A YEAR AGO, YEAR-AND-A-HALF AGO AND WE'VE WORKED WITH THE CITY TO TRY AND REALLY MAKE THIS A SEAMLESS PROJECT.

GARY MACHADO AND I, THE PUBLIC WORKS DIRECTOR CAME UP WITH A NEW PLAN OF HOW TO SUBMIT FINAL PLATS AND HOW TO SUBMIT ALL OF THIS DOCUMENTATION.

RATHER THAN ASKING THE CITY TO BE OUR INSPECTOR AND COME UP WITH CHECKLIST AFTER CHECKLIST OF THINGS THEY WANTED US TO DO, WE TOOK A DIFFERENT APPROACH AND COMPLETED CONSTRUCTION, HAD OUR ENGINEER WHO'S HERE TONIGHT AND THEIR SURVEY TEAM COME OUT AND CONFIRM ALL OF THE SITE AND CONFIRM THAT THE SHOULDERS WERE ACCURATE, THAT THE DITCH LINES WERE ACCURATE, THAT THE FLOW LINES WERE ACCURATE, THAT ALL OF THE DRAINAGE STRUCTURES WERE PLACED IN ACCORDANCE WITH THE CONSTRUCTION PLANS, THAT WATER CONVEYED FROM A TO B, THAT THE LOT SIZES WERE CORRECT, AND THEN THEY COMPILED AN ENTIRE PACKET OF DATA AND SOME EXHIBITS THAT ARE GOING TO BE REALLY HELPFUL FOR GARY AND HIS TEAM THAT PROVIDE CULVERT SIZING, LOT SIZING, FLOW LINE EXHIBITS SO THAT WHEN YOU GO AND PUT IN A DRIVEWAY COVER YOU KNOW YOUR NEIGHBOR SHOULD BE AT THIS ELEVATION AND YOU SHOULD BE AT THIS ELEVATION AND WATER SHOULD FLOW FROM 1-2.

WE'VE LEARNED IN PREVIOUS PROJECTS AS TO WHAT WE NEED TO DO TO TRY AND HELP THE CITY.

THIS TIME WE ACTUALLY PUT TOGETHER A PACKET AND THAT'S INCLUDED IN YOUR PACKET, AS WELL AS THE CERTIFICATION LETTER FROM OUR ENGINEER THAT WAS SUBMITTED ON APRIL 14TH, THAT HAS ALL OF THE CONFIRMATION, THAT DRAINAGE CHANNEL SLOPES OR FODDER WATER LESS, THAT ALL SHOULDERS ARE FIVE FEET, ALL THE BONDS HAVE BEEN PLACED.

SO THIS GIVES YOU ALL THE DETAIL THAT'S REQUIRED IN THE SUBDIVISION ORDINANCE FOR THE PLAT TO BE ACCEPTED.

AS A CONFIRMATION FOR THAT, WE WALKED THE SITE WITH THE CITY AND THEIR CONTRACT ENGINEER ON MAY 4TH.

WE HAD A VERY GOOD WALK.

FORTUNATELY, OUR GOLF CART SHOWED UP MIDWAY THROUGH THE WALK [LAUGHTER]

>> AND SO WE DIDN'T HAVE TO WALK AN ENTIRE 172 ACRES.

WE WERE ABLE TO RIDE A LITTLE BIT OF IT.

MR. BIRKHOFF GAVE US A VERY COMPLETE LIST OF WARRANTY ITEMS. THE WAY THAT CONSTRUCTION PROCEEDS IS ONCE IT'S COMPLETED AND CERTIFIED BY OUR ENGINEER, THE CONTRACTORS PLACE BONDS WITH THE CITY GUARANTEEING THEIR WORK AND ANY WARRANTY ON THAT WORK FOR 24 MONTHS FOLLOWING THE ACCEPTANCE OF CONSTRUCTION.

AND ANYTHING THAT THE CITY IDENTIFIES, THERE'S A VALVE PAD THAT HAS GONE BAD, THERE'S A SIDE SLOPE THAT HAS BECOME AN ISSUE, THERE'S SOMEWHERE THAT'S ERODED, THE CONTRACTORS ARE ON THE HOOK FOR TWO YEARS TO COME BACK AND CONTINUE TO MEDIATE THE SITE AND WORK WITH US.

ONCE CONSTRUCTION IS COMPLETE AND THE PLOT IS FILED, WE DON'T JUST GO AWAY.

WE'RE STILL ACTIVELY HERE AND INVOLVED IN THE PROJECT.

WE HAVE REMEDIATED THESE VARIOUS ITEMS THAT WERE IDENTIFIED IN THE MAY 4TH LETTER AND SENT GARY AN UPDATE, AND THEN I WAS JUST HANDED TONIGHT A LETTER THAT MR. BIRKHOFF AND GARY WALKED THE SITE AGAIN YESTERDAY.

I JUST RECEIVED IT AND HAS SEVEN OR EIGHT ITEMS THAT ARE REMAINING WARRANTY ITEMS. I'D BE HAPPY TO GO THROUGH THOSE WITH YOU OR THEY CAN.

>> WHY DON'T WE LET MR. BIRKHOFF COME UP AND GO THROUGH THESE AND THEN YOU CAN COME BACK.

>> SURE. ARE THERE ANY QUESTIONS THAT YOU HAVE FOR ME JUST ABOUT THE SITE OR THE LATS, ANYTHING IN GENERAL WHILE WHILE I'M HERE?

>> DOES ANYBODY HAVE ANYTHING AT THIS TIME OR DO YOU WANT TO RESERVE YOUR QUESTIONS UNTIL AFTER MR. BIRKHOFF?

>> GREAT. I'LL BE BACK. THANK YOU.

>> MR. BIRKHOFF, GOOD TO SEE YOU.

>> GOOD EVENING. GOOD TO SEE Y'ALL.

JOHN BIRKHOFF WITH BIRKHOFF HENDRICKSON, CARTER DALLAS, TEXAS.

AS PRESTON TOLD YOU THAT GARY AND I WENT OUT YESTERDAY TO MAKE SURE THAT ALL THE THINGS ON THE MAY 5TH PUNCH LIST WERE COMPLETED, AND AS WE WENT OUT THERE TRYING TO MAKE SURE THAT WHILE WE HAVE THE DEVELOPER AND THE CONTRACTOR INTERESTED IN FINISHING, WE PROVIDE A LIST OF OUR FINDINGS.

THERE WERE EIGHT THINGS. I GO THROUGH ALL EIGHT THINGS.

ONE IN PARTICULAR THAT WE CONTINUE TO HAVE A PROBLEM WITH IS THAT GRAYED THE CHANNELS ARE DOWN INTO ROCK AND WHEN THEY GO TO TRY TO VEGETATE WHERE THEY PUT SOIL AND ARE NOT SOIL, THEY PUT CURL X DOWN AND THEY WHATEVER'S THERE, WHETHER IT'S TRASH, ROCKS, WHATEVER, THEY JUST PUT IT DOWN OVER IT.

AS WE'VE HEARD THIS ON OTHER SUBDIVISIONS, WE KEEP TELLING HIM NOT ACCEPTABLE, GET ALL THE BIG STUFF OUT AND THEN DO WHAT YOU NEED TO DO.

WE'VE TOLD THEM THAT THE NORTH TEXAS COUNCIL GOVERNMENT'S STANDARD SPECIFICATION TELLS YOU HOW TO DO THE CURL X,

[00:15:01]

WE'VE PROVIDED THAT TO THE CITY.

IN THIS CASE, THE CITY TOLD THE CONTRACTOR WHAT TO DO BEFORE HE DID IT.

WELL, THE CONTRACT ASSUMES AND HE GOES FORWARD AND PUTS HIS CURL X DOWN AND THERE'S SOME BIG ROCKS OUT THERE.

WHEN WE WERE OUT THERE YESTERDAY, THEY WERE STILL THERE AND YOU COULD DRIVE THROUGH AND SEE FOUR, SIX, EIGHT INCH ROCKS, AND WE KEEP ASKING HIM TO PICK THEM UP.

AS I UNDERSTAND WITH THE P&Z THEY SAID THAT THEY WOULD DO IT, AND NOW WE'RE HEARING, NO, WE'RE NOT GOING TO DO IT, AND THE AGREEMENT, IS THE HOME-BUILDER'S RESPONSIBILITY.

THAT'S PROBABLY THE BIG ISSUE THAT WE CAN'T AGREE ON.

THE OTHER ITEMS, ONCE THEY GET ALL THE WORK DONE, THE FRANCHISE, UTILITIES COME IN AND THEY DO THEIR WORK, AND THEY HAVE NO REGARD FOR THE SIDE SLOPES THAT ARE ESTABLISHED.

YOU GO OUT THERE TODAY AND YOU CAN SEE THE REMNANTS OF WHAT THEY DID.

AGAIN, IT NEEDS TO BE CORRECTED WHETHER THE FRANCHISE UTILITY OR THE CONTRACTORS THAT PUT IT IN ORIGINALLY TO PUT IT BACK IN A CONDITION THAT THE PLANS SHOW THAT IT SHOULD BE IN.

AS YOU WILL HEAR, THE HOME BUILDER WILL TAKE CARE OF IT AND WHICH THEY WILL AT SOME POINT IN TIME.

LOTS HERE GO PRETTY QUICK.

SO IT'S NOT LIKE THEY'RE OUT THERE FOR YEARS WAITING AND THAT'S A LOT OF SUBDIVISIONS.

THEY DON'T GET BUILT OUT VERY QUICKLY, AND THEN YOU HAVE PROBLEMS AS YOU GO.

KNOWING OUR MAY 5TH WALK-THROUGH THERE WERE A LOT OF BOWEL STACKS, THEY PUT PADS AROUND THE FIRE HYDRANTS, AND ON THE BACKSIDE, THEY WERE NEAR VERTICAL.

WE TOLD THEM THEY NEED TO BRING THE FLORIDA 1 SLOPE AROUND THAT.

WHEN WE WENT OUT YESTERDAY, THERE WERE A LOT OF DEAD GROWTH IN THERE, A LOT OF SUNFLOWERS THAT ARE THERE, SO THEY DIDN'T MOW IT.

MOST OF IT, YOU CAN'T VISUALLY SEE IT AND THEY'VE AGREED TO, I THINK, GET IT MOWED AND TO START THERE THAT THEY WOULD COME BACK AND GET THOSE SIDE SLOPES IN THERE.

THERE'S A CHANNEL THAT WE POINTED OUT THAT DISCHARGES INTO THE POND, AND THERE WERE PROBLEMS WITH IT.

WE TOLD THEM THEY NEEDED TO GO IN AND GRADE IT, COMPACT IT, AND ESTABLISH VEGETATION.

THEY DID GOOD JOB OF GETTING IT VEGETATED.

THEY PUT SOD IN, BUT IT'S A FOOT HIGHER THAN THE OUTFALL OF COVERT.

CAN'T TELL YOU WHY THEY GRADED UP INSTEAD OF HAVING TO DRAIN, AND THEY SAID THAT THEY WOULD TAKE CARE OF THAT.

THEY HAD REBUILT A FIRE HYDRANT PAD AND YOUR CONTRACTOR LEAVES, WEED FORMS THERE AND WE SAID, YOU GOT TO FINISH IT, COME PICK YOUR FORMS UP, BRING THE DIRT BACK IN AND GRADE AROUND IT.

IN OUR MAY REPORT WHEN THE SIDEWALKS WERE THERE, THEY HAD REDWOOD EXPANSION JOINTS, AND THOSE REDWOOD JOINTS WERE ABOVE THE SIDEWALK.

WE TOLD THEM THEY NEED TO SHAVE THOSE DOWN.

AND WHAT WE SAW YESTERDAY, IT LOOKS LIKE THEY CHIPPED OUT ABOUT AN INCH AND A HALF AND THEN CUT SOME REDWOOD JOINTS AND NAILED IT IN, SPLIT THE REDWOOD, AND IT NEEDS TO BE TAKEN OUT AND THEN PROPERLY.

AND WHAT WE'VE TOLD THEM DO IS GO IN AND NOW PROBABLY USE A SILICONE MATERIAL TO SEAL THE JOINT.

ON THE MAY 5TH, THE DECORATIVE HANDRAIL THAT'S BLACK CROSSED THE CULVERT.

MAY HAVE PUT THEIR ANCHOR BOLTS IN AND THEN CUT THEM OFF AND DIDN'T APPEAR TO BE STAINLESS STEEL.

WE TOLD THEM IF IT'S NOT, THEN THEY NEED TO GET PAINTED AND APPARENTLY THEY HAVE ORDERED PAINTING AND ARE WAITING ON THAT BECAUSE THE RAILING THE CITY WILL TAKE MAINTENANCE ON THAT.

SO WE WANT TO MAKE SURE THAT WE DON'T GET CORRODED NUTS AND WASHERS, ANCHOR BOLTS THAT THE CITY HAS TO DEAL WITH.

THAT'S WHERE WE ARE. AGAIN, THERE'S EIGHT ITEMS AND THE BIGGEST ONE IS WHAT WE DO WITH THE ROCK.

>> DID YOU HAVE?

>> ANY QUESTIONS?

>> NO.

>> COUNCIL, ANY QUESTIONS AT THIS TIME OF MR. BIRKHOFF?

>> MR. BIRKHOFF, WE RECEIVED YOUR LETTER TODAY ACTUALLY.

SO I WAS GOING THROUGH IT, SO FORGIVE ME.

BUT IT APPEARS THE ITEMS ON HERE ARE IDENTICAL TO WHAT THEY WERE ON MAY THE 4TH.

>> NO NEW ITEMS. THE CHANNEL GRADING WAS A VARIATION OF WHAT WE HAD, THEY ATTEMPTED TO PUT A GRADE IN, BUT NOW IT'S TOO HIGH, SO WE POINT THOSE THINGS OUT.

THEY DID A GOOD JOB OF PUTTING THE SIDE IN AND WATERING IT,

[00:20:01]

AND UNFORTUNATELY, IT'S GOING TO HAVE TO COME BACK OUT.

>> SO IT SOUNDS LIKE, IF I'M UNDERSTANDING CORRECTLY, BASED ON YOUR INSPECTION, A FEW OF THESE ITEMS ARE POSSIBLY EVEN IN WORSE SHAPE THAN THEY WERE ON MAY THE 4TH BY SOME OF THE ATTEMPT TO REPAIR THE REDWOOD JOINTS AND THEN THE ISSUE WITH THE SLOPING, CORRECT?

>> CORRECT, NOTHING MAJOR ON THESE THINGS.

>> ANYONE ELSE HAVE ANY QUESTIONS?

>> YEAH, I HAVE A QUESTION ABOUT ITEM NUMBER 5, THE SILT IN THE POND THAT NEEDS TO BE REMOVED AT THE STORM SEWER PIPE OUT IN FALL.

CAN YOU PLEASE DESCRIBE WHAT THAT PROCESS IS INCLUDING AND HOW LONG THAT PROCESS WILL TAKE?

>> THE CAUSE OF THAT WAS WHEN THEY CUT THEIR CHANNELS IN, SILT WHEN IT RAINED WENT INTO THE CHANNEL, GOES DOWN THE CHANNEL INTO THE POND AND YOU CAN SEE WHERE A LOT OF THE SILT JUST BUILD UP VISUALLY, PROBABLY WITHIN A FOOT OF THE SURFACE.

THEY WOULD HIRE SOMEONE TO COME IN AND I GUESS THEY WOULD DREDGE IT OUT, THAT IS WHAT THE PLAN IS.

>> THEY HAVE [INAUDIBLE] BEEN USED.

IT' A WELL SCALED, ESSENTIALLY IF YOU CAN IMAGINE A FLAT BOTTOM BOAT THAT YOU WOULD SEE IN LOUISIANA THAT HAS A BIG SUCTION TUBE ON THE BOTTOM AND THEN A BIG COLLECTOR BASE IN ON THE FRONT.

THEY JUST GO BACK AND FORTH OVER IT UNTIL THEY COLLECT ALL THAT UP INTO THE TUB AND THEN IT'S DUMPED INTO A COLLECTION BIN AND HAULED OFF.

BUT THAT'S DONE BY A CONTRACT COMPANY CALLED PONDMEDICS THAT HAS AN ONGOING MAINTENANCE AGREEMENT BECAUSE THIS WILL HAPPEN THROUGHOUT HOME CONSTRUCTION, AND SO THEY'RE CONTRACTED WITH THE HOA TO CONTINUALLY DO THIS AS IT'S NECESSARY.

>> THERE'S EROSION CONTROL THAT IT'S BEEN UP THERE, SILT FENCES, AND THEY SHOULD BE INSPECTED AFTER EACH RAINFALL.

BUT UNFORTUNATELY, THAT DOESN'T HAPPEN, AND A LOT OF SILT IN THIS CASE GOT INTO THE POND.

AND THE POND MAINTENANCE THROUGHOUT ALL OF THIS WILL BE THE HOA, NOT THE CITY.

>> CORRECT.

>> SO AS IT SILTS UP WELL, THEN THEY HAVE TO BE SILTED ON THE CITY'S PARK.

AS IT CONTINUES TO SILT TOP, THEN THEY'RE GOING TO HAVE TO STEP IN BECAUSE THAT'S PART OF THE DETENTION POND SYSTEM THAT'S OUT THERE.

SO WE NEED TO HAVE ENOUGH VOLUME TO STORE WATER.

>> QUESTION ABOUT THE POND.

IS THE POND PART OF THE HOA? IT'S GOING TO BE THE HOA'S RESPONSIBILITY?

>> THAT'S CORRECT.

>> NOT THE CITY'S RESPONSIBILITY TO MAINTAIN THAT GOING FORWARD.

>> AS WELL AS THE WALKWAY AROUND IT?

>> THAT'S CORRECT.

>> YOU SAID THE OPPOSITE, BUT I JUST WANTED TO CLARIFY THAT.

>> JUST TO REITERATE WHAT YOU HAD SAID, JOHN, IS THAT ACTUALLY THE CHALLENGE COULD BE THAT BECAUSE THE VOLUME IS BEING DISPLACED BY THE SILT NOW, YOU DON'T HAVE THE PROPER AMOUNT OF RUNOFF FROM NATIONAL PONDS.

SO IT COULD LEAD TO POSSIBLE DRAINAGE ISSUES POSSIBLY OR WHAT?

>> YEAH. CORRECT. YOU KNOW THAT THERE'S A DETENTION POND CALCULATIONS ALL DONE.

THEY HAVE THAT VOLUME, AND THEY HAVE FREE BOARD IN THERE, YOU CAN ALLOW SILT TO BUILD UP.

BUT THAT WAS QUITE A BIT OF SILT, AND THAT WAS JUST FROM THE INITIAL CONSTRUCTION, SO NOT SURPRISING.

IT WAS POINTING OUT AND THEY STEPPED UP TO HIRE SOMEONE TO TAKE IT OUT.

AND AS THEY GO SELL LOTS, I THINK THEY'RE GOING TO KEEP IT CLEAN BECAUSE THEY NEED TO DO TO KEEP KEEP THE HOME BUYERS HAPPY.

>> ANY OTHER QUESTIONS FOR EITHER MR. BIRKHOFF OR FOR PRESTON WALHOOD?

>> I DO HAVE SOME QUESTIONS FOR PRESTON WALHOOD, WE'RE GOING TO BRING HIM BACK UP.

>> COME ON, PRESTON.

>> CAN I DATE MYSELF AND SAY EVERY TIME I HEAR COME ON DOWN IN THIS MICROPHONE, I THINK OF PAT SAJAK IN THE PRICE IS RIGHT.

I CAN GO BACK TO SERIOUS QUESTIONS NOW.

>> SORRY.

>> THAT WAS ACTUALLY BOB PARKER.

>> IS IT BOB PARKER THAT STARTED IT? [LAUGHTER]

>> PAT SAJAK'S THE ONE WHO'S RETIRING, RIGHT? THANK YOU.

[LAUGHTER].

>> ISN'T THAT A YEAR AGO THOUGH? [OVERLAPPING]

>> I KNEW I JUST READ THAT.

I MEAN, WHAT ARE THEY GOING TO DO WITHOUT HIM?

>> WE'VE A BIG INTERVIEW PROCESS FOR NUMBER 2.

>> OH, I'M SURE IT'S GOING TO BE LIKE JEOPARDY. YES, SIR.

>> PRESTON, THANK YOU FOR COMING BACK UP.

MY QUESTIONS ARE GOING TO BE BASED ON THE LETTER THAT WE RECEIVED ON JUNE 19TH, AND I'VE GOT A COUPLE OF THEM.

FIRST, AS YOU SAID, PONDMEDICS WAS OUT AND TOOK CARE OF THE SILT.

WHEN DID THAT OCCUR? WAS THAT BETWEEN YESTERDAY AND TODAY OR WAS THAT?

>> NO, I BELIEVE THIS IS A HOLDOVER COMMENT FROM LAST TIME.

I CAN PULL UP THE PHOTO AND TELL YOU WHEN THEY WERE HERE BECAUSE I TOOK A PICTURE OF THE JALOPY.

I THOUGHT IT WAS SO INTERESTING.

THEY WERE HERE ON MAY THE 30TH.

>> SO WHEN THEY WENT OUT ON JUNE THE 19TH,

[00:25:01]

THEY STILL FOUND THE SILT IN THE POND?

>> WELL, THAT'S MY QUESTION IS DID YOU SEE ADDITIONAL SILT OR IS IT?

>> IN A CONVERSATION WITH GARY, HE SAID THAT PONDMEDICS WILL BE [INAUDIBLE]

>> THIS ITEM FROM THE LETTER FROM JUNE 19TH THAT SAYS IT IS STILL OUTSTANDING, MIGHT ACTUALLY NOT BE OUTSTANDING THEN.

>> THAT'S CORRECT.

>> THE OTHER ONE THAT I'VE GOT I MEAN, I HAVE AN ISSUE, OF COURSE, WITH THE BRIDGE RAILINGS.

WHEN I HEAR THAT THE CITY BECOMES RESPONSIBLE FOR THAT, THEN THAT OBVIOUSLY SETS OFF LIGHTS FOR ME.

WHY HAS THAT ITEM NOT BEEN RESOLVED YET?

>> GREAT QUESTION. OUR CONTRACTORS SUGGESTED A SPECIFIC PAINT PRODUCT AND THE CITY HAD A SPECIFIC ONE THAT THEY WANTED.

THEY ACTUALLY ISSUED US A LETTER SO THAT WE COULD ORDER IT.

THAT SPECIFIC PRODUCT IS A SPECIAL ORDER, SPECIAL APPLICATION.

IT'S THREE DIFFERENT PRODUCTS THAT GO ON IN A SPECIAL MANNER AND IT HAS TO BE ORDERED BY THE CONTRACTOR.

THAT HAS BEEN ORDERED WHEN WE RECEIVE THAT SPEC WAS AT TWO WEEKS AGO, THREE WEEKS AGO?

>> YEAH, TWO WEEKS AGO.

>> IT'S BEEN ORDERED AND AS SOON AS IT COMES IN, IT HAS TO BE APPLIED PER THAT SPEC.

>> I ONLY HAVE TWO LEFT AND THEN YOU'LL BE OUT OF MY HOT SEAT AND UNDER SOMEBODY.

>> AT LEAST FOR A TIME BEING. THE LARGE ROCKS IN THE DRAINAGE CHANNEL.

I WAS GOING BACK THROUGH MY NOTES.

WE HAD THIS CONVERSATION ON THE KING'S CROSSING AND WE'VE HAD THIS CONVERSATION, IT LOOKS LIKE A WHITE STONE ABOUT THIS.

WHAT IS BEING DONE TO PREVENT YOUR CONTRACTORS FROM CONTINUING TO PLACE THE EROSION MATS OVER ALL OF THE TRASH AND THE ROCKS? BECAUSE DRAINAGE AS YOU KNOW, YOU'VE BEEN HERE LONG ENOUGH AS A HOT BUTTON FOR THE CITY.

>> WHEN WE SEE STUFF BEING COVERED UP, OBVIOUSLY, THAT'S ANOTHER ONE OF MY LIGHTS THAT GOES OFF.

>> SURE. WE'RE SENSITIVE TO IT AS WELL.

PARKER HAS A UNIQUE SHALE FORMATION UNDERNEATH IT.

IF YOU LOOK AT THE GEOTECHNICAL REPORTS WHERE YOU'RE DIGGING FROM AND MOVING DIRT, WHEN YOU'RE CREATING LOTS, YOU'RE NOT JUST MOVING DIRT FROM POINT A TO POINT B.

YOU HAVE TO DIG IN AN AREA TO FILL IN ANOTHER AREA AND THEN YOU DIG DOWN MORE THAN 18 INCHES IN PARKER, YOU MOVE BEYOND CLAY AND INTO SHELLY LIMESTONE.

WHEN THAT MATERIAL GETS MOVED FROM POINT A TO POINT B, POINT B BECOMES AN AREA OF SHELLY LIMESTONE AND THAT BREAKS DOWN AS IT'S DRIVEN OVER IT AS LARGE TRACTORS DRIVE OVER IT.

BUT THAT CLEARLY CANNOT GROW GRASS.

THE EROSION MAT MEETS THE TCQ STANDARD FOR NOT HAVING EROSIVE SEDIMENT LEAVE THE SITE.

NOW WE'RE NOT ALLOWING SEDIMENT TO WASH OVER THE ROCK UNIMPEDED AND GO SOMEWHERE INTO A POND.

WHAT HAPPENS AT FINAL GRADE? ONCE THE SITE IS ESTABLISHED AND THE LOTS ARE COMPACTED AND VERIFIED, THE TESTING CONTRACTOR CONFIRMS THAT THE LOTS IN THE DITCHES HAVE BEEN COMPACTED TO WHATEVER THE STANDARD IS THAT SPECIFIED FOR THIS PROJECT.

THE HOME BUILDER COMES IN AND BUILDS A HOME, AND THEN THEY GATHER ANY LARGE ROCK THAT THEY NEED TO MOVE OUT OF THE WAY IN ORDER TO PUT FINE-GRAINED SAND ON.

THEN THAT FINE-GRAINED SAND SITS DOWN IN-BETWEEN THE ROCK AND THEN THEY PUT TOPSOIL, ADDITIONAL FINE-GRAINED SAND.

THEN THAT'S WHAT THEY GROW SOD ON.

THAT'S DONE TOWARD THE END OF THE PROCESS BECAUSE THE FIRST THING THAT'S DONE, AND MICHAEL YOU AND I HAVE MENTIONED THIS BEFORE.

WHEN A HOME BUILDER COMES IN AS THEY SCRAPE EVERYTHING THAT'S ON THE LOT, OFF THE LOT.

YOU DON'T DO ALL OF THAT NOW BECAUSE IT'S THE FIRST THING TO GET REMOVED WHEN A HOME BUILDER ARRIVES.

>> I AGREE WITH MOST OF THAT.

HOWEVER, THIS ISN'T DRAINAGE CHANNELS AND WE HAVE HAD THE CONVERSATION BEFORE BECAUSE DRAINAGE CHANNELS AGAIN BECOME AN ISSUE AND YOU'RE RIGHT, SHELLY LIMESTONE IS DIFFICULT TO WORK WITH.

HOWEVER, WHEN IT'S EXPOSED TO AIR, IT STARTS TO BREAK DOWN.

WHEN IT'S EXPOSED TO WATER, IT STARTS TO BREAK DOWN AND IT IS PRETTY EASY TO BREAK UP ONCE YOU'VE GOTTEN IT OUT OF THE GROUND AND YOU'VE HAD ANY RAIN.

THAT'S WHAT MY ISSUE IS, IS IT SAYS THE CITY TOLD THE CONSTRUCTION CONTRACTOR TO REMOVE THE ROCKS BEFORE THEY PLACE THE EROSION MATS.

THE CONTRACTOR DID NOT ABIDE BY THE DIRECTION FROM THE CITY INSPECTOR.

ALL ROCKS GREATER THAN TWO INCHES MUST NOW BE REMOVED.

IF I'M UNDERSTANDING CORRECTLY, YOU'RE STATING THAT YOU GUYS WILL NOT BE HANDLING THAT.

YOU'RE GOING TO LET THAT SIT AND LET THE INBUILT OR TAKE CARE OF THAT AT THE END.

>> WE ACTUALLY PASSED THAT OBLIGATION ON THROUGH A DEED RESTRICTION.

THE LOTS ARE DEED RESTRICTED THAT THE HOME BUILDER IS REQUIRED TO PERFORM THIS WORK AND THERE'S A LISTING AND GARY HAS A COPY OF THAT DEED RESTRICTION, THAT SPECIFICALLY LINES OUT WHAT HAS TO BE DONE AND WHAT HAS TO BE CLEARED, ALL ROCKS, DEBRIS, TRASH, OVERGROWTH, MUST BE REMOVED, FINE GRADE SOIL MUST BE PLACED.

THAT RESPONSIBILITY HAS JUST PASSED.

>> I GUESS, TO BE 100 PERCENT TRANSPARENT, PART OF MY ISSUE WITH THIS IS, RIGHT NOW LOTS HAVE MOVED FAIRLY QUICKLY.

WE DON'T KNOW WHAT NEXT MONTH NEXT YEAR IS GOING TO SHOW.

GRAND HAS HAD SOME ISSUES WITH SOME OF THEIR PROPERTIES COME BACK ON THE MARKET BECAUSE THEY DIDN'T FOLLOW THROUGH WITH CONTRACTS, SO THEY'VE GOT PROPERTIES AVAILABLE.

[00:30:01]

I DON'T KNOW HOW LONG THESE ROCKS ARE GOING TO BE IN THESE DRAINAGE CHANNELS.

AS A RESULT, OVER TIME, THESE ROCKS CATCH DEBRIS AND EVERYTHING ELSE COMING THROUGH THOSE DRAINAGE CHANNELS, THEN THE BACKUP, AND THEN WE HAVE DRAINAGE ISSUES DOWN THE LINE.

>> SURE. THAT'S MAINTAINED BY THE LOT OWNER AND IF THE LOTS ARE NOT MOVING, I STILL OWN THEM.

I'M STILL THE ONE WHO HAS TO GO OUT THERE AND FIGURE OUT HOW TO MOVE THE TRASH AROUND THE ROCK, PUT DOWN NEW CURLEX BECAUSE THE BUILDERS WILL ONLY BUY A LOT FROM ME WHEN THEY'RE READY TO BUILD.

I'M ON THE HOOK UNTIL THERE'S A HOME ON THE WAY.

>> MY FINAL POINT IS BECAUSE I'VE RECEIVED A COUPLE OF COMMENTS FROM PEOPLE WHO LIVE IN THE AREA WHO HAVE HEARD FROM OUR CODE ENFORCEMENT AT SOME POINT BECAUSE THEY DON'T KNOW.

I NOTICED ONE OF THE THINGS ON HERE, IT'S DUE TO HIGH VEGETATION.

THEY WEREN'T ABLE TO LOOK AT CERTAIN THINGS LIKE THE VALVE STACK PADS.

OBVIOUSLY, OUR RESIDENTS ARE HELD TO A STANDARD THAT YOU MUST KNOW YOUR PROPERTY.

WE'VE HAD A COUPLE OF PEOPLE REACH OUT BECAUSE THEY DON'T FEEL LIKE THAT IS PROPERLY BEING TAKEN CARE OF IN YALE'S BUILD SITE.

WHAT IS GOING TO BE DONE TO ADDRESS THAT GOING FORWARD AS FAR AS GETTING THE HIGH WEEDS DOWN? ONE, IT SHOULDN'T BE ON OUR ENGINEER'S REPORT THAT HE CAN'T LOOK AT STUFF BECAUSE OF A HIGH WEEDS.

>> I AGREE, IT'S A PROBLEM.

>> WHAT IS THE PLAN?

IT IS SCHEDULED TO MOW NOW TOMORROW.

THEY'VE BEEN UNABLE TO GET A TRACTOR OUT THERE BECAUSE IT HAS BEEN SO WET THAT A TRACTOR WOULD CAUSE AN ISSUE TO THE GRADE AND A TRACTOR IS HEAVY ENOUGH THAT NOW YOU'RE DAMAGING THE ACTUAL CHANNEL TO GET A TRACTOR AND A BUSH HOG DOWN IN THERE.

OUR LANDSCAPER IS GOING OUT THERE TOMORROW WITH MACHETES AND WEED EATERS TO WEEDY 172 ACRES OF SUNFLOWERS.

BECAUSE HE KNOWS IT'S IMPORTANT.

HE'S NOT REALLY THRILLED WITH ME, BUT HE WILL BE THERE TOMORROW.

>> THE GOOD NEWS IS MOST OF YOUR DRAINAGE CHANNELS NEED OTHER WORK.

EVEN IF THEY HAPPEN TO [OVERLAPPING]

>> IN SOME WAY.

>> BUT THE POINT WE'D LIKE TO MAKE IS WE RECEIVED THIS LETTER ON MAY 4TH.

GARY AND I REALLY WORKED HARD TO FIND A WAY FORWARD THAT WAS MUCH MORE EFFICIENT, THAT GAVE THE CITY THE DOCUMENTS AND DATA THEY NEEDED TO WORK WITH HOME BUILDERS MOVING FORWARD.

WE REALLY WORKED ON THAT LIST AND THEN I RECEIVED THIS ONE TODAY AT 06:58.

FULLY COMMITTED TO GETTING IT DONE.

I JUST NEED TO KNOW WHAT STILL WE NEED TO DO.

>> FAIR ENOUGH. NOW YOU'VE JUST OPENED ME UP TO ONE MORE IF YOU DON'T MIND, MADAM MAYOR.

THE ONLY ISSUE THAT I HAVE WITH THAT COMMENT IS THAT'S WHY I ASKED EVERY SINGLE ONE OF THESE ITEMS WAS ON THE PRIOR LIST.

YOU PROBABLY REMEMBER WHEN I USED TO SIT ON THAT SIDE AND WE HAD A LIST BEFORE THAT, I WAS NOT GUNG-HO ON PASSING A PLAT THAT HAD OUTSTANDING ITEMS.

>> IN FACT, GOING BACK, I DON'T KNOW IF YOU WERE AT THE P&Z MEETING OR IF THAT WAS MR. SOLOMON.

>> I WAS NOT.

>> WELL, THE P&Z STATED THAT THEY RECOMMEND APPROVAL WITH THE ITEMS BEING ADDRESSED.

THEN IT COMES TO US, OBVIOUSLY, COUNCIL CAN TAKE ACTIONS DIFFERENTLY, BUT I HAVE SOME CONCERNS WITH LEAVING THESE RESPONSIBILITIES ON FUTURE BUILDERS THAT WE DON'T KNOW WHO THEY ARE.

I MEAN, I HAVE A GOOD IDEA OF WHO THEY'RE GOING TO BE OBVIOUSLY.

>> BUT WE DON'T KNOW FOR SURE BECAUSE YOU'RE GOING TO SELL TO THE HIGHEST BIDDER FOR THE MOST PART.

OTHERWISE, WE NEED TO HAVE A CONVERSATION ABOUT YOUR BUSINESS PRACTICES.

BUT YOU'RE GOING TO SELL THESE OUT TO WHATEVER BUILDERS THAT ARE GOING TO BUILD ON THAT AND THAT COULD BE ANYTIME FROM TOMORROW TO NINE MONTHS FROM NOW OR A YEAR FROM NOW DEPENDING ON LIKE YOU SAID, WHEN THE LOT SELL.

>> JUST SO THAT I CAN CLEARLY UNDERSTAND, THE ROCKS IN THE DRAINAGE CHANNELS, YOU'RE NOT GOING TO TOUCH THOSE.

YOU'RE GOING TO LET THAT'D BE THE BUILDER'S ISSUE UNLESS YOU START TO SEE A BIG ENOUGH ISSUE.

YOU WILL STILL CONTINUE TO MAINTAIN THE SILT IN THE POND AND TAKE CARE OF THAT.

WHAT IS THE PLAN FOR THE REST OF THESE ITEMS AND THE ISSUES WITH THE SIDE SLOPES FROM THE FRANCHISE UTILITIES, THE STACK PAD ISSUES, THE WOOD FORMS BEING REMOVED, WHICH IS SUPER SIMPLE OR AGAIN, MY ISSUE WITH THE REDWOOD ITEMS BEING IN CONSTRUCTION AS LONG AS I'VE BEEN AND DOING THIS AS I ALWAYS THINK OF LIABILITY.

I DON'T WANT ONE OF OUR RESIDENTS HURTING THEMSELVES ON A PIECE OF SPLIT RED LITTER, WHATEVER THE CASE MAY BE, AND I DON'T HAVE PHOTOS TO SEE WHAT IT LOOKS LIKE, BUT WHAT'S THE PLAN TO TAKE CARE OF THE REST OF THIS?

>> SILICON IS A GREAT OPTION AND I THINK HAD THAT BEEN AN OPTION BEFORE WE WOULD GO THAT ROUTE.

THAT'S DEFINITELY WHAT WE WILL DO.

THE REDWOOD WILL COME OUT AND IT'LL JUST GO BACK WITH SILICON.

IT'S A BETTER SOLUTION IN GENERAL.

SILT IN THE POND IS AN ONGOING THING THAT WILL BE HANDLED.

THE DRAINAGE CHANNEL DOWNSTREAM AT SOMERSET AND RICHMOND, THAT THEY JUST NEED TO GO BACK AND REMOVE SOME OF THE ROCK THAT THEY PUT UNDERNEATH IT IN ORDER TO ESTABLISH THE GRADE AND LOWER IT.

HE'LL BE HERE TOMORROW WHILE HE'S WEED-EATING AND MACHETE AND SUNFLOWER, SO THAT CAN BE RESOLVED.

BUT THE FRANCHISE UTILITIES IS AN ONGOING WARRANTY ITEM.

THE WAY FRANCHISE UTILITIES WORK FOR THOSE NEW ON COUNCIL, THE DEVELOPER IS ONLY ABLE TO CONTROL THE GRADING UTILITY WORK, WHICH IS WATER AND SEWER, IF THERE IS SEWER, AND THEN PAVING.

[00:35:01]

FRANCHISE UTILITIES ARE DONE THROUGH FRANCHISE AGREEMENTS IN THE STATE OF TEXAS, AND WE HAVE NO ABILITY TO CONTROL THEM.

ONCE THEY SEE A PLOT THAT HAS A UE FOR UTILITY EASEMENT ON IT, THAT FRANCHISE PROVIDER CAN COME IN AT ANY POINT IN TIME WITHOUT ANY NOTICE TO ANYBODY AND DIG UP YOUR DITCH AND PUT IN THEIR MATERIALS.

THIS IS SOMETHING THAT HAPPENS OVER THE NEXT THREE YEARS.

I THINK EVEN RECENTLY IN KING'S CROSSING, A NEW PROVIDER CAME INTO AN ESTABLISHED SUBDIVISION AND STARTED DIGGING IN PEOPLE'S FRONT YARDS AND WAS PUTTING IN FACILITIES WITH AGAIN, NO NOTICE.

THAT'S SOMETHING THAT WE'LL JUST CONTINUE TO STAY ON AND THAT'S PART OF THE DEVELOPMENT PROCESS.

>> THE ONLY QUESTION I WOULD HAVE TO THIS IS THAT WHAT IS YOUR TIME? I MEAN, I THINK WE LOOKED AT A LOT OF THESE AND YOU SAID TOMORROW OR A COUPLE OF DAYS AND ALL THIS AND THAT.

>> YOU'RE VERY WELCOME.

BUT FOR THE WHOLE EIGHT ITEMS OF PUNCH LIST, WHAT'S THE TIMEFRAME TO GET THOSE KNOCKED OUT?

>> I'LL NEED TO CALL THE PAVING CONTRACTORS AND SEE WHEN THEY CAN HAVE A FINISHED CREW BACK OUT FOR THIS SILICON.

BUT THAT'S PROBABLY TWO DAYS WORTH OF WORK ONCE THEY'RE HERE.

BUT REALLY A LOT OF THIS IS WARRANTY ITEMS WHERE YOU CONTINUE TO POP UP.

THAT'S GOING TO BE AN ONGOING ISSUE.

AS GARY CALLS ME AND SAYS WE HAVE ANOTHER REDWOOD THAT'S POPPED OUT, WE'LL JUST GO PULL IT AND PUT SILICON IN.

BUT THAT'S ALSO PART OF THAT TWO-YEAR MAINTENANCE BOND.

ANYTHING THAT COMES UP IN THE NEXT TWO YEARS WE TAKE CARE OF.

>> ANY OTHER QUESTIONS FOR PRESTON?

>> YES, I'D LIKE TO.

>> OKAY.

>> PRESTON, I HAVE A QUESTION FOR YOU ON THE SILT CONTRACTOR, WHAT FREQUENCY DO THEY COME OUT GENERALLY?

>> THEY INSPECT WEEKLY AND THEY INSPECT A CERTAIN THRESHOLD.

I'M NOT WELL-VERSED ENOUGH TO QUOTE THE TCEQ STANDARDS, BUT THE SILT CONTRACTORS ARE REQUIRED TO COME OUT WEEKLY AND AFTER ANY MAJOR RAIN EVENT AND THEY ISSUE A REPORT AND IF IT HITS THE THRESHOLD, THEN A CORRECTION CREW COMES BEHIND THEM TO DO REMEDIATION WORK.

>> COULD I SEE THE PICTURE YOU TOOK IN MAY?

I DROVE AROUND THERE TODAY AND WE'D JUST LIKE TO DO A QUICK COMPARISON.

IT IS IN BETTER SHAPE THAN IT WAS THEN.

I'D LIKE TO SUGGEST THAT THE PROCESS FOR REMEDIATION BE REVIEWED OR BE SUPERVISED A LITTLE BIT MORE.

I KNOW IN KING'S CROSSING, THE SILT AREAS ARE GETTING PRETTY SILTY AND I'D HATE TO SEE THAT HAPPENING IN WHITE STONE AS WELL.

I THINK THAT'S VERY IMPORTANT BECAUSE I DO THINK IT HAS AN IMPACT ON THE DRAINAGE FLOW IN OTHER AREAS.

I'D LIKE TO SEE THAT MONITORED MORE CLOSELY THAN IT HAS BEEN.

>> VERY GOOD, AND WE CAN DO THAT. GARY, DO YOU KNOW? DOES CHAD RECEIVE COPIES OF THE SILT REPORTS? HE DOES.

THERE IS AN EMPLOYEE OF THE CITY THAT RECEIVES A COPY OF ALL THE SLIT INSPECTIONS.

ANYTIME THE CONTRACTOR COMES OUT, AND WHICH IS WEEKLY OR AFTER A RAIN EVENT, WE RECEIVE A COPY AND THEN THE CITY'S RECEIVING A COPY AS WELL SO THEY CAN HELP KEEP US ACCOUNTABLE.

CHAD IS VERY GOOD, HE HAS REMINDED ME TO MOW THE SUNFLOWER SEVERAL TIMES.

>> THEN THE OTHER THING, IT'S NOT NOTED HERE, IS THE AERATED WATER.

ONE OF THE FOUNTAINS WAS WORKING, ANOTHER ONE WASN'T.

ARE THEY SUPPOSED TO BE WORKING AT ALL TIMES? [OVERLAPPING]

>> THEY ARE ON A SCHEDULE.

THE FOUNTAIN IS REALLY JUST AN AESTHETIC PIECE, THERE ARE AERATORS THAT SIT ON THE SURFACE THAT PULL AIR UP AND DOWN IN THE WATER, AND THOSE ARE FULLY FUNCTIONAL.

THE FOUNTAINS ARE REALLY JUST ATTRACTIVE.

THE ONE THAT IS DOWN IS BECAUSE A BEAVER LOST HIS LIFE TRYING TO CHEW INTO THE CHORD.

WE ARE IN THE PROCESS OF GETTING NEW CHORD, WE FOUND THE BEAVER WHO DID NOT DO WELL WITH THE ELECTRICITY AND THE WATER, AND THAT ONE'S IN THE PROCESS OF BEING REPLACED.

>> I DON'T FEEL SORRY FOR THE BEAVER.

>> YOU'RE SAYING THE AERATION IS STILL WORKING?

>> THE AERATION IS ACTUALLY A DIFFERENT SET OF DEVICES AND IF YOU LOOK AT THE FOUNTAINS, YOU'LL SEE ABOUT 15 YARD ON EITHER SIDE A LITTLE SET OF BUBBLES THAT ARE HAPPENING, AND THOSE ARE ACTUAL INDEPENDENT AERATORS.

THOSE ARE ALSO IN THE SMALLER POND THAT'S UP TOWARD THE ENTRY.

THE FOUNTAINS ARE JUST ATTRACTIVE.

>> ANYONE ELSE HAVE ANY QUESTIONS FOR PRESTON?

>> YOU'RE WELCOME.

[00:40:01]

>> I HAVE A FEW QUESTIONS JUST REGARDING THE OVERALL PLAT AND DRAINAGE.

>> IF WE LOOK AT PAGE 22 OF THE PACKET, LUKE, OR THE PLAT.

>> THE DRAINAGE PLAT?

>> I THINK IT'S BELVEDERE.

WE'LL REFER TO THIS ONE ALSO, BUT THEN I'M SORRY, IT SHOWS A GRAY SHADED ZONE THAT GOES THROUGH.

[OVERLAPPING]

>> THAT'S A GREAT QUESTION.

ON THE FIRST PAGE OF THE PLAT, AND OUR ENGINEER IS HERE IF YOU'D LIKE HIM TO SPEAK TO IT, BUT ON THE FIRST PAGE OF THE PLAT YOU'RE GOING TO SEE A GRAY SHADED AREA THAT COMES FROM THE NORTHWEST CORNER AND THEN THE CENTER OF THE PLAT, YOU CAN SCROLL UP.

COUNCIL MEMBER KNOWS THAT THE SECTION YOU'RE REFERENCING.

>> YEAH, IT'S A GRAY SHADED.

BASICALLY, IT'S A WATER CHANNEL THAT WAS MOVING INTO MAXWELL CREEK PRIOR TO THE DEVELOPMENT PROCESS AND IT RUNS PARALLEL ADJACENT ABOVE BELVEDERE, I BELIEVE.

>> CORRECT.

IT SEEMS TO BE RUNNING RIGHT THROUGH THAT WHOLE SECTION OF LOTS.

I'M CURIOUS TO UNDERSTAND HOW WAS THAT WATER MITIGATED.

>> SURE. THE GRAY AREA IS DENOTED AS GRAY INTENTIONALLY.

THESE WERE THE TEMPORARY DRAINAGE CHANNELS THAT WERE ESTABLISHED WITH THE PREVIOUS PHASE OF THIS PROJECT.

IS THAT IT RIGHT THERE? MAYBE GO UP TO THE NEXT PAGE. THAT'S IT.

GREAT. THAT'S PERFECT.

THIS SHOWS THE TEMPORARY REALLY DAYLIGHT DRAINAGE CHANNEL THAT WAS THERE PREVIOUSLY WHEN THIS WAS A FARM FIELD, I WAS GOING TO SAY MR. BEADLE, WHEN MR. DONIHOO WAS FARMING THIS.

THIS AREA USED TO CONVEY WATER.

AS PART OF THE PHASE 5 ENGINEERING DRAWINGS, THESE WATER FLOWS ARE PUT INTO A DRAINAGE AREA MAP AND THEN ALLOCATED TO A SPECIFIC DRAINAGE CHANNEL.

THESE ARE NOW HANDLED THROUGH THE RIGHT-OF-WAY.

AND THE GRAY SHADED AREA, YOU'LL SEE ON THE LEFT-HAND SIDE OF THE SCREEN IN THE PARENTHESES SAYS TO BE ABANDONED BY THIS PLAT.

THAT AREA HAS BEEN FILLED AND THE WATER THAT WAS PREVIOUSLY CONVEYED THROUGH THAT AREA HAS BEEN REROUTED.

>> IN OTHER WORDS, IT'S BEEN REGRADED TO ELIMINATE THAT.

>> CORRECT. THIS IS GONE.

YOU'LL NOTICE DIRECTLY ABOVE IT THERE'S AN ARC THAT'S GRAY AS WELL, THAT'S AN OLD EITHER DRAINAGE CHANNEL OR WATERLINE, I BELIEVE, THAT CAME THROUGH THERE THAT HAS BEEN ABANDONED,. THAT'S THE OLD WATERLINE.

>> THAT ONE HAS BEEN REROUTED AS WELL?

>> YES, MA'AM. THOSE ARE PUT ON THE PLAT REALLY TO HELP YOU WHEN YOU COME IN WITH A TITLE SEARCH SO THAT IF SOMEONE EVER HAS A PIECE OF PROPERTY AND THEY'RE BUYING LOT NUMBER 4, AND THEY SHOWED THAT THERE WAS A DRAINAGE EASEMENT ON IT AT ONE POINT IN TIME, THIS PLAT CLEARLY SHOWS THAT IT'S BEEN ABANDONED BECAUSE IT'S NOTATED IN GRAY.

>> THANK YOU. I HAVE ANOTHER QUESTION.

IN THE SAME SENSE, I THINK WE'VE GOT THIS VIEW, BUT THEN WE ALSO HAVE THE ONE THAT DOES SHOW THE DRAINAGE PLAN.

LUKE, IF YOU STILL HAVE THAT ONE, OPEN UP. THANK YOU.

[BACKGROUND]

>> WAS IT ONE OF THESE DOCUMENTS THAT WAS IN THE ENGINEER'S PACKET?

>> THIS IS THE ENGINEER RIGHT NOW, THANK YOU, LUKE. I APPRECIATE THAT.

ON THE VERY TOP OF THE SCREEN, WHAT WE SEE HERE IS THE PLAT ADJACENT TO THIS DEVELOPMENT I IT APPEARS.

WHAT YOU SEE ON THE LOT LINES ARE EASEMENTS THAT ARE SHOWN AS A SMALL SWELL TO I THINK ADDRESS THE WATER GOING BETWEEN THE TWO ADJACENT HOMES, THEIR PROPERTIES FOR INDIVIDUAL OR LOTS.

I DON'T SEE THOSE SWELLS ON THIS PLAT AND I WAS WONDERING IF YOU COULD EXPLAIN WHY WE DON'T HAVE SWELLS ON THIS PLAT.

>> TYPICALLY, A SWELL IS A GRADING ELEMENT THAT IS NOT SHOWN ON THE PLAT.

THOSE MAY BE EASEMENTS IN BETWEEN THE LOTS TO THE NORTH, WHICH IS TYPICALLY WHAT THAT DASHED LINE INDICATES.

BUT SINCE IT'S 200 FEET WITHIN THE BOUNDARY OF THE PROPERTY, YOU HAVE TO SHOW ANY BOUNDARY LINE AND EASEMENT THAT'S WITHIN 200 FEET, BUT THEY'RE NOT LABELED BUT YOU'RE LOOKING JUST IN-BETWEEN 14.

>> [INAUDIBLE]

[00:45:07]

>> I'VE GOT THOMAS MOSS HERE AS WELL FROM PAPE-DAWSON ENGINEERING AND HE'S SAYING THAT THOSE ARE UTILITY EASEMENTS ON THE NORTH SIDE.

THE DASHED LINE YOU CAN SEE RIGHT HERE IS A GOOD EXAMPLE.

THERE'S TWO LOTS AND THERE'S NO DASHED LINE ON EITHER SIDE, IT 'S BECAUSE THERE'S NO EASEMENT THERE.

BUT THEN IF YOU GO TO THE NEXT SLOT, THERE IS AN EASEMENT AND SO YOU HAVE A SET OF DASHED LINES.

>> SO THOSE ARE UTILITY EASEMENTS.

>> THANK YOU, THAT ANSWERS MY QUESTION.

>> THAT'S WHAT AN EASY ACRE IS, THAT'S THE OLDER SUBDIVISION JUST NORTH OF THERE.

>> THANK YOU. THAT ANSWERS MY QUESTION. I APPRECIATE IT.

>> SURE. TYPICALLY, THE CITY REALLY PREFERS THAT ALL THE WATER UTILITIES BE CONVEYED IN THE RIGHT-OF-WAY OR IN THE REAR OF THE LOT THROUGH AN EASEMENT AND SO WE HAVE REALLY TRIED TO GET AWAY FROM PUTTING A DRAINAGE EASEMENT IN-BETWEEN LOTS THAT FACILITATES LOT-TO-LOT DRAINAGE.

WE'D LIKE TO DRAIN TO A LARGER CHANNEL THAT'S MUCH EASIER TO MAINTAIN.

>> THANK YOU. THEN I ALSO HAVE ANOTHER QUESTION REGARDING THE MAINTENANCE OF THE DRAINAGE AFTER THE DEVELOPMENT IS FINISHED.

YOU HAVE EASEMENTS SHOWN THERE AT THE TOP OF THE PLAT AND THAT'S BASICALLY A DRAINAGE EASEMENT WITH THE CONTOUR LINES OF UPSLOPE.

>> CORRECT.

>> MY QUESTION IS, WHO HAS JURISDICTION OR OWNERSHIP OR THE RESPONSIBILITY FOR THOSE LARGE DRAINAGES THAT GO NEXT TO THE STREET?

>> THAT'S A GREAT QUESTION.

IN THE CITY OF PARKER, I BELIEVE THE ORDINANCE READS THAT THE HOMEOWNER IS RESPONSIBLE FOR MAINTENANCE OF ANY EASEMENTS ON THEIR PROPERTY.

THE PURPOSE OF THE EASEMENT IS TO ALLOW THE HOA TO COME IN SHOULD A HOMEOWNER NEGLECT TO MAINTAIN THEIR EASEMENT AND IS CAUSING AN ADVERSE IMPACT TO A NEIGHBOR.

>> WHAT YOU'RE SAYING IS THAT THE PLATS AS SHOWN, THE PERSON WILL PURCHASE UP TO THE OTHER SIDE OF THE EASEMENT.

THEY OWN THAT IN TERMS OF THEIR DEEDS WHEN THEY PURCHASED THE LOT AND THE HOUSE.

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

>> ANY OTHER QUESTIONS FOR EITHER PRESTON OR MR. BIRKHOFF OR GARY OR LUKE? WELL, THEN WE HAVE A DECISION TO MAKE.

THIS IS A UP OR DOWN VOTE ON THE FINAL PLAT AND WE CAN EITHER APPROVE IT WITH CONDITIONS AS IS INDICATED IN THE LETTER OF JUNE 19 OR WE CAN DENY IT.

COUNCIL, WHAT IS YOUR PLEASURE?

>> MA'AM MAYOR, FOR CLARIFICATION, IF WE WERE TO DENY THIS PLAT TONIGHT DUE TO THE OUTSTANDING ISSUES IN THE HISTORY THAT WE'VE GOT OF THESE OUTSTANDING ISSUES WITH PREVIOUS SUBDIVISIONS, THEY CAN RE-BRING THIS PLAT ONCE THESE ITEMS ARE CORRECTED. AM I CORRECT?

>> I BELIEVE SO.

>> YEAH, THEY WOULD START TO SHOCK CLOCK ALL OVER AND HAVE TO GO BACK TO P AND Z AND THEN DISPATCHED TO CITY COUNCIL.

>> CAN I ASK A POINT OF ORDER ON THAT? BECAUSE WHAT I'M CURIOUS ABOUT IS THE PLAT IS ACTUALLY A SUBDIVIDING DOCUMENT NOT A CONFIRMATION OF CONSTRUCTION DOCUMENT AND SO WE'RE DEALING WITH THE CONFIRMATION OF CONSTRUCTION IN THE LETTER.

BUT A PLAT DEALS WITH WHETHER OR NOT IT MEETS THE CITY'S CODE OF ORDINANCES FOR LOTS SETBACKS.

IT DOESN'T DEAL WITH THE CONFIRMATION OF CONSTRUCTION AND I'M LOOKING AT THE CITY ATTORNEY ASKING HER TO WEIGH IN ON THAT.

>> THAT'S A GREAT QUESTION.

>> THEY'D SPECIFICALLY ADDRESSED IT TWO YEARS AGO AT THE STATE LEGISLATURE AND THE CITY OF PARKER STILL USES IT TO CONFIRM CONSTRUCTION IS COMPLETE.

BUT REALLY WHAT CONFIRMS CONSTRUCTION IS COMPLETE IS THE LETTER I'LL RECEIVE FROM GARY TOMORROW OR IN TWO WEEKS OR THREE WEEKS THAT SAYS THE CITY COUNCIL APPROVED THE PLAT AND THE CITY HAS NOW ACCEPTED ALL PUBLIC IMPROVEMENTS.

THAT'S THE LETTER THAT ACTUALLY TRIGGERS THE ACCEPTANCE OF THE PUBLIC IMPROVEMENTS.

APPROVAL OF THE PLAT IS JUST THE SUBDIVIDING DOCUMENT THAT TAKES 175 ACRES AND MAKES IT INTO 93 INDIVIDUAL LOTS; IS THAT CORRECT?

>> NO I DON'T AGREE WITH THAT ON THE ACTIONS TO APPROVE CERTAIN CONDITIONS ON THESE ITEMS HERE.

>> AND THEN WORKING WITH GARY.

>> I JUST WANTED TO CLARIFY WHAT THE PLAT WAS ACTUALLY DOING, THAT THE PLAT IS TRULY A SUBDIVIDING DOCUMENT CONFIRMING THAT THE LOTS AND SETBACKS THAT ARE SHOWN ON THE SUBDIVIDING DOCUMENT ARE CORRECT.

IT IS NOT AN ACCEPTANCE OF PUBLIC IMPROVEMENTS.

IT IS NOT ACCEPTANCE OF THE SUBDIVISION.

>> THAT IS CORRECT.

[00:50:01]

>> DOES THAT MAKE SENSE? WHAT YOU'RE VOTING ON IS NOT ACCEPTING THE SUBDIVISION, BUT ACCEPTING THAT THE PLAT IS CORRECT AND THAT THE PLAT CAN PROCEED THROUGH THE ADMINISTRATIVE PROCESS.

REGARDLESS OF WHAT YOU DO TONIGHT, WE ARE STILL REQUIRED TO WORK WITH GARY TO COMPLETE ANY OUTSTANDING CONSTRUCTION ITEMS AND WE'LL BE FOR THE NEXT TWO YEARS WITH THE MAINTENANCE BONDS.

>> YEAH, MY COMMENT WOULD BE WHAT I WAS TALKING ABOUT BEFORE ON THIS PUNCH LIST IS THAT IT LOOKS LIKE THE PUNCH LIST IS GOING TO BE AN ONGOING EVERGREEN DOCUMENT THAT IT'S GOING TO CONTINUE TO BE WORKED ON.

I GUESS MY QUESTION WOULD BE TO MR. BIRKHOFF IS THAT HE MADE A GENERAL COMMENT SAYING THAT THERE WASN'T REALLY ANYTHING MAJOR THAT HE SAW.

MY CONCERN WOULD ONLY BE THAT IF THERE WAS ANYTHING THAT WAS GOING TO BE AN ONGOING ISSUE WITH THE SUBDIVISION OVER TIME, THAT WOULD BE SEEN THAT WOULD NOT BE ABLE TO BE CORRECTED, THEN I WOULDN'T HAVE A PROBLEM OF NOT APPROVING IT.

OTHERWISE, I DON'T KNOW THAT I DO.

I'M JUST ASKING THAT QUESTION.

>> THE ITEMS THAT ARE ON HERE, AS I SAID, ARE ITEMS THAT ARE NOT DIFFICULT TO FINISH BUT WHEN DO WE GET ON TO FINISHING? HISTORICALLY, WHEN THE PLATS PROCESS COMES ALONG WITH THIS P&Z ARE IN THE COUNCIL, HOW DO YOU WANT THEM TO ADDRESS THIS? THIS COULD BE DONE IN TWO YEARS OR WHENEVER.

THERE'S NOT A PERIOD OF TIME THAT'S REQUIRED FOR HIM TO REFER THEM TO COMPLETE IT.

I HIRED A CONTRACTOR TO BUILD THIS THING IN A CERTAIN WAY AND TO ME, THE CONTRACTOR HAS NOT FINISHED HIS WORK.

HIS CONTRACT ARE FINISHED AND READY TO TAKE IT.

WHEN WE TALK ABOUT PUBLIC IMPROVEMENTS, WHAT WOULD THAT CONSIST OF? WELL, THE DRAINAGE CHANNELS OF CONVEYING WATER IS IMPORTANT.

THE SIDEWALKS, WHOEVER MAINTAINS THOSE, WE NEED THOSE IN A SAFE MANNER.

AGAIN, THEY'VE SHAVED THEM DOWN, BUT NOW BECOMES A MAINTENANCE ISSUE AND CAN WE GET THAT MAINTENANCE ISSUE CLEARED UP WITH SEALANT NOW? WE TELL THEM HERE'S WHAT THE PROBLEM IS, YOU AND YOUR ENGINEER AND CONTRACTOR FIGURE OUT HOW TO FIX IT.

THEN NOW THEY FAILED AND NOW WE SAY, HERE'S ANOTHER SOLUTION FOR YOU.

>> MADAM MAYOR, MAY I ASK ONE MORE QUESTION TO MR. BIRKHOFF?

>> ACTUALLY A COUPLE. MR. BIRKHOFF, LOOKING AT THESE ITEMS, I KNOW INITIALLY YOU SAID NONE OF THEM ARE HARD TO DO.

HOWEVER, TO ME I COULD SEE SEVERAL OF THESE ITEMS IF THEY ARE LEFT FOR THE TWO-YEAR PERIOD COULD BECOME [OVERLAPPING]

>> TO DO MUCH MORE SEVERE.

BEING SOMEBODY WHO'S BEEN WITH THE CITY FOR SOME TIME, I KNOW AND I'M NOT PICKING ON PRESTON OR MR. SOLOMON FOR THAT MATTER WITH WHAT THEY DO, BUT GENERALLY, WE'VE HAD THESE DEVELOPERS WHO WILL LEAVE THIS STUFF OUT FOR AS LONG AS THEY POSSIBLY CAN OR WE HAVE TO CONTINUE.

IF I'M UNDERSTANDING CORRECTLY, IT'S REALLY GETTING TO THE POINT WHERE YOU'RE HAVING TO TELL THEM NOW HOW TO FIX THIS STUFF TO GET IT DONE BECAUSE THEY TRIED, IT DIDN'T WORK.

NOW YOU'RE HAVING TO COME UP WITH A SOLUTION FOR THE DEVELOPER TO FIGURE OUT HOW TO FIX IT.

>> WE WANT THEM TO FINISH AS QUICKLY AS POSSIBLE SO I DON'T HAVE TO GO OUT AND 100 DEGREES AND LOOK AT IT AGAIN.

>> I REALLY WANT HIM TO FINISH.

THERE IS A POINT THAT WE SAID, HERE'S SOME MORE HELP.

BUT ULTIMATELY, THEY'VE GOT A CONTRACTOR.

IT'S HARD TO GET THEM TO DO IT RIGHT I GUESS.

THE CITY INSPECTOR IS TRYING TO HELP THEM OUT.

WE DO THE PUNCH LIST.

I HAVE A CONSTRUCTION MANAGER OUT THERE AND YOU JUST SHAKE YOUR HEAD A LOT OF TIMES YOU JUST CAN'T GET IT DONE.

I DON'T KNOW WHAT TYPE OF STICK THEY HAVE OVER THEIR CONTRACTORS AND WE'RE NOT CONTRACTUALLY PART OF THIS THING.

>> THANK YOU. I'M GOING TO ASK, COUNSEL, IS THERE ANYTHING THAT WOULD PROHIBIT US FROM DENYING THIS PLAT UNTIL AT LEAST THE MAJORITY LIKE THE DRAINAGE ISSUES THAT ARE ON HERE WHICH ARE NOT GOING TO BE ONGOING OR THE BRIDGE BEING TAKEN CARE OF, IS THERE ANYTHING THAT WOULD PREVENT US FROM DENYING UNTIL THOSE ITEMS ARE TAKEN CARE OF?

>> ARE THERE BONDS ON THESE PLATS OR [INAUDIBLE]

>> MAINTENANCE.

>> MAINTENANCE ONLY.

>> AND OUR ISSUE, FOR YOUR HISTORY TO BRING YOU UP IS THAT AGAIN, WE'VE HAD THE DEVELOPERS WHO WAIT UNTIL THE VERY END AND ALL OF OUR RESIDENTS, EASY ACRE RESIDENTS [NOISE]

>> STARTS BACKING UP FOR THEM.

OR CURRENT WHITE STONE RESIDENTS WOULD START BACKING UP FOR THEM.

THEY COME TO US [LAUGHTER]

>> NOT THE DEVELOPER AND WE GO BACK AND GO, OH, WELL, THIS IS THE ISSUE.

WE'VE HAD THAT HISTORY.

>> CAN I ASK YOU? DENYING IS ANOTHER OPTION OF ACCEPTING WITH CONDITIONS WITH A DATE

[00:55:04]

CERTAIN AND I THINK SOME OF THESE ITEMS WE'RE ANTICIPATING WILL BE ONGOING, BUT MAYBE A COUPLE OF THEM ARE CONDITIONS THAT WE COULD PUT A CERTAIN DATE ON FOR THEM TO COMPLETE BEFORE.

>> MY CONCERN IS THAT I WOULD HAVE TO UNDERSTAND WHAT TEETH.

BECAUSE WE HAD THIS CONVERSATION IN PRIOR COUNCIL AND STATED WELL, ONCE YOU DO THAT, YEAH THERE'S CONDITIONS BUT IT'S APPROVED.

SO THEY'RE MOVING ALONG.

IT DOESN'T MATTER THAT THE CONDITIONS ARE THERE.

SO I WOULD WANT TO BETTER UNDERSTAND WHAT WE CAN DO TO ENFORCE THAT BECAUSE I DON'T WANT THE CITY TO GET STUCK WITH THIS BRIDGE.

WE'VE ALREADY GOT BRIDGES IN THE CITY THEY ARE A PAIN, AND I DON'T WANT THE DRAINAGE ISSUES.

BECAUSE I LOOKED BACK ON THIS LINE ITEM HAS BEEN IN THE PAST.

SO THE CONTRACTOR AND I DON'T BLAME PRESTON FOR IT.

BUT HIS CONTRACTOR IS AWARE TO REMOVE THE LARGE ROCKS FROM THE DRAINAGE CHANNELS BECAUSE MR. BIRKHOFF HAS PROBABLY GOT THIS ON COPY AND PASTE AT THIS POINT FOR THESE LETTERS.

THAT'S MY PRIME CONCERN IS I DON'T WANT THE CITY TO INHERIT A PROBLEM BECAUSE WE HAVE ENOUGH OF OUR OWN.

>> AND I THINK MICHAEL IS SPOT ON BECAUSE FROM BEING ON PLANNING AND ZONING, WHERE WE'D APPROVE IT TO SEND IT TO COUNSEL, THERE'D BE A NEW LIST BY THE TIME IT GOT TO COUNCIL.

MICHAEL HAS SEEN IT A LOT.

>> IF WE DENY, THEN THEY HAVE TO COME BACK, START OVER IN ESSENCE.

IF WE APPROVE WITH CONDITIONS, IN MY OPINION, SOMETIMES WE NEVER KNOW IF THE CONDITIONS GET SATISFIED BECAUSE IT'S RARE THAT THEY COME BACK AND TELL US, SO YEAH, THIS GOT DONE.

MR. SOLOMON DID TELL US ON THE LAST TIME HE CAME BACK.

>> I THINK WE'VE BEEN A REALLY GOOD PARTNER WITH THE CITY AND EVERY TIME WE SAY WE'RE GOING TO DO SOMETHING, WE COME BACK AND DO IT.

THAT'S BEEN A TRACK RECORD STEVE HAS HAD HERE SINCE 1998.

I'VE BEEN WITH HIM EIGHT YEARS AND OUR PROJECTS END UP BEING SUCCESSFUL AND LOOKING NICE.

WE HAVE A GREAT WORKING RELATIONSHIP WITH THE CITY AND WE'RE COMMITTED TO DOING IT.

I THINK I WANT TO MAKE SURE WE UNDERSTAND WE'RE SEPARATING THE ISSUE THAT COMPLETION OF CONSTRUCTION IS NOT WHAT'S ON THE AGENDA TONIGHT.

WHAT'S ON THE AGENDA IS DO YOU AGREE WITH THE PLAT OR ARE YOU SAYING THERE'S AN ERROR ON THE PLAT AND THE PLAT SHOULD NOT BE PASSED? BECAUSE COMPLETION OF CONSTRUCTION, WHILE PART OF THIS PROCESS, IS NOT WHAT'S ON THE AGENDA.

SO WE ARE COMMITTED TO FINISHING CONSTRUCTION WITH GARY AND HE CAN HOLD PERMITS UNTIL HE SAYS IT'S DONE.

BUT I WOULD ASK YOU TO LOOK AT THE AGENDA ITEM WHICH IS VACATING AN OLD PLAT AND ACCEPTING A NEW PLAT AND CONFIRMING WHAT IS ON THE DOCUMENT OF THE PLAT IS CORRECT.

THAT'S THE AGENDA ITEM.

>> SO MADAM MAYOR, IF I MAY ASK A QUESTION.

SO WITH THAT, COULD THAT EXACT VERBIAGE BE USED SAYING THAT AS FAR AS THE CONSTRUCTION IS CONCERNED, WE WANT TO SEE A FOLLOW-UP WITHIN MAYBE A TWO OR THREE-WEEK PERIOD TO GET THESE KNOCKED OUT SO THAT WE SEE THAT THERE IS ACTIVITY IN THAT REGARD? IF WE WERE TO APPROVE IT, THEN WE WOULD GIVE A CONDITIONAL OR WHATEVER WOULD MAKE SENSE, MAYBE WITH MR. BIRKHOFF AND MAYBE THERE'S A COUPLE OF THESE ITEMS THAT WE CAN ACTUALLY GO THROUGH, THE ONES INVOLVING THE SEAL, BUT THAT'S GOING TO BE A RECURRING ISSUE.

YOU'RE NOT GOING TO BE ABLE TO COMPLETE THAT UNTIL YOU COMPLETE THE CONSTRUCTION AND THE GRADING AND EVERYTHING THAT GOES ON WHEN [OVERLAPPING]

>> HOMES GO ON.

I UNDERSTAND THAT. SO IS THERE A WAY THAT WE CAN DO IT? BECAUSE I DON'T WANT IT TO BE A ONGOING PROBLEM FOR THE CITY.

ALSO, I AGREE WITH THE MAYOR PRO TEMP SLAUGHTER.

I AGREE WITH COUNCIL MEMBER FECHT AS WELL.

BUT AT THE SAME TOKEN THAT I WOULD RATHER NOT GET TIED UP IN A LOT OF OTHER LEGISLATION, IF YOU WILL, TO GO THROUGH AND GET US BACK TO THIS POINT AGAIN, IF WE CAN SOMEHOW DO IT WITH SOME SOME TERMS THAT WILL PUT THEM ON THE HOOK TO COME BACK IN A REASONABLE TIME SO IT DOESN'T HANG OUT TOO LONG.

>> SO WE'RE HAPPY TO MEET THESE OBLIGATIONS AND WE'RE MOTIVATED TO DO THIS BECAUSE IF GARY CAN'T ISSUE PERMITS, WE CAN'T GET STARTED.

MY CONCERN WITH THE TIMELINE IS THERE ARE MATERIALS ON HERE THAT ARE ON ORDER AND I DON'T KNOW WHETHER THEY'RE ON A BOAT ON THE WAY TO LA OR WHETHER THEY'RE GOING TO ARRIVE TOMORROW.

SO THERE ARE CERTAIN THINGS THAT WE CAN'T PUT A DEFINITIVE DATE ON, BUT WE WOULD BE HAPPY TO COMMIT THAT THESE ARE MET TO GARY'S SATISFACTION BEFORE HE ISSUES PERMITS.

THE ONE THAT I CANNOT COMMIT TO IS REMOVING EVERY ROCK AND EVERY DITCH BECAUSE THAT'S SOMETHING THAT IS TRULY PASSED ON THROUGH A DEED RESTRICTION, THAT IS THE RESPONSIBILITY OF THE NEXT OWNER WHEN THEY PUT IN FINE GRADE.

>> I LIKE GARY'S IDEA OF PUTTING A DATE CERTAIN.

[01:00:07]

LEGALLY, I DON'T KNOW.

CAN WE APPROVE PLAT WITH THEM COMING BACK ON SUCH AND SUCH A DATE TO SHOW THEY ARE TAKING CARE OF THE CONDITIONS?

>> ESSENTIALLY A STATUS UPDATE?

>> BUT MY QUESTION WOULD BE, MADAM MAYOR, IS WHAT TEETH DO WE HAVE THAT IF THEY CHOOSE NOT TO COME BACK WELL, THEY STILL HAVE AN APPROVED PLAT.

>> AGAIN GARY CAN HOLD PERMIT, BUT WE DON'T KNOW HOW LONG OUT BEFORE PERMITS.

I AGREE WITH COUNCIL MEMBER REED.

I'M NOT WORRIED ABOUT SELLING THE POND.

YOU'RE GOING HAVE TO SELL THE POND FOR THE REMAINDER OF THE LIFE OF THAT SUBDIVISION.

I'M WORRIED ABOUT DRAINAGE ISSUES.

I'M WORRIED ABOUT A BRIDGE THAT WE'RE GOING TO TAKE ON.

I'M WORRIED ABOUT A TRIP HAZARD.

AND I'M ALSO WORRIED ABOUT GRASS BEING MAINTAINED BECAUSE AGAIN, I THINK OUR RESIDENTS HAVE TO MAINTAIN A STANDARD OR DEVELOPERS SHOULD BE A STEP ABOVE AND BEYOND BECAUSE WE HAVE BEEN SUCH GREAT PARTNERS FOR SO LONG.

I GET THE WEATHER HAS BEEN INSANE, HOPEFULLY GOING FORWARD THAT CAN BE MAINTAINED.

BUT I WOULD WANT TO KNOW WHAT TEETH THAT STATEMENT WOULD HAVE.

BECAUSE MY ULTIMATE CONCERN IS TO MAKE SURE IT GETS DONE AND WE DON'T HAVE A KING'S CROSSING AGAIN WHERE THE ITEMS LITERALLY GO OUT FOR MONTHS AND MONTHS AND MONTHS, AND WE HAVE TO KEEP TRYING TO FIGURE OUT WHAT GOES ON.

AND UNFORTUNATELY, FOR MR. MACHADO IT BECOMES AN EXTRA JOB FOR HIM TO HAVE TO GO OUT AND BASICALLY BE JOB FOREMAN TO A BUILD SITE TO TELL DEVELOPERS, OKAY, PICKUP THAT ROCK, GO SILICONE THIS JOINT.

THEN WE TAKE ON THE ROLE AS BEING QUASI JOB FOREMAN AND GIVING THEM DIRECTION AND THAT ALSO IS NOT WHAT OUR STAFF SHOULD HAVE TO DO ON A DAY-TO-DAY BASIS.

>> WELL, MAYOR PETTLE, I WOULD SAY THE BIGGEST TEETH YOU HAVE IT'S THE WHOLE SUBDIVISION.

I'M NOT ASKING YOU TO RELEASE PERMITS FOR ALL BUT FOUR LOTS.

I AGREE THESE ARE OVERARCHING CONSTRUCTION ITEMS THAT CAN BE REMEDIATED.

THE LETTER THAT I NEED FROM GARY TO BE ABLE TO SELL LOTS, HE IS NOT GOING TO PROVIDE TO ME UNTIL THE ITEMS ARE COMPLETED TO HIS SATISFACTION.

BUT THAT DOESN'T HAVE ANYTHING TO DO WITH THE PLAT AND THE DOCUMENT THAT SUBDIVIDES THE LOTS.

AND SO I'M MORE THAN HAPPY TO WORK WITH THEM ON THE CONSTRUCTION AND I THINK WE REALLY HAVE.

THIS PROJECT HAS GONE REALLY WELL.

WOULD YOU AGREE?

>> YES.

>> AND SO EVERY TIME YOU'VE HAD A PROBLEM, WE HAVE WORKED TO ADDRESS IT.

>> VERY RESPONSIBLE.

>> MADAM MAYOR, IN CLARIFICATION FROM COUNCIL, SAY I COULD BE CONVINCED TO AGREE TO APPROVE THIS PLAT WITH THESE ISSUES.

CAN THE CONDITIONS BE NO PERMIT ARE TO BE ISSUED AND UTILITIES ARE NOT TO BE ACCEPTED OR WHATEVER VERBIAGE WE NEED? AND I WOULD ACTUALLY ASK MR. MACHADO TO MAKE SURE WE HAVE THE PROPER TEETH SO HE'S NOT STUCK WHERE THEY CAN'T SELL A LOT UNTIL UNTIL THE MAJOR ITEMS HERE ARE DONE AND WE CAN LIST OUT THOSE ITEMS. IS THAT SOMETHING THAT IN FACT IS ENFORCEABLE?

>> IT COULD BE IF YOU'RE WANTING TO JUST STATE THAT THEY HAVE MET THE PLATTING REQUIREMENTS IN THE ORDINANCE. IT'S NOT [INAUDIBLE] THROUGH THE PERMITTING PROCESS. SO AND WE WON'T BE ACCEPTING ANY OF THE [INAUDIBLE]

>> IF I MAY ASK HIM THE QUESTION.

IT SOUNDS LIKE WE'RE SAYING THE SAME THING THAT PRESTON WAS SAYING ABOUT THE DIFFERENCE BETWEEN THE ACTUAL PLAN ITSELF AND THE ACTUAL BUILDING PART OF IT.

>> YES SIR.

>> I'M IN LINE WITH THAT.

>> IF WE MOVE FORWARD WITH THE PLAT THAT ENABLES THAT THE OWNER HAS SIGNED THE SURVEYORS SIGN, THE COUNTY SIGNED, PNC HAS SIGNED, THE MAYOR WOULD SIGN.

ALL OF THIS GOES TO THE COUNTY, BUT NOTHING CAN HAPPEN ON THE PUBLIC IMPROVEMENTS UNTIL I RECEIVE A LETTER FROM GARY STATING THAT THE CITY HAS ACCEPTED THE PUBLIC IMPROVEMENTS.

IT ALLOWS THE PAPERWORK TO MOVE FORWARD WHILE WE CAN STILL MAKE PROGRESS ON THE ACTUAL ITEMS THAT NEED TO BE ADDRESSED.

>> I'M JUST GOING TO GO WITH OUR ORDINANCES HERE.

I'M NOT TRYING TO THROW A WRENCH IS REQUIRED.

PUBLIC APPROVALS HAVE BEEN CONSTRUCTED, EROSION CONTROL ESTABLISHED AND ARE READY TO BE ACCEPTED.

THAT IS PART OF THE FINAL PLAT PROCESS.

THAT THAT IS WITHIN OUR ORDINANCE.

>> COULD YOU READ THAT AGAIN?

>> IT SAYS STANDARDS FOR APPROVAL AND I'LL READ THAT SECTION FOR YOU.

ACTUALLY, I'LL JUST THROW IT UP ON THE SCREEN. HOW ABOUT THAT?

>> [INAUDIBLE] ME FOR APPROVAL AND YOU'RE FINALLY [INAUDIBLE].

>> ARE READY TO BE ACCEPTED.

I THINK ARE READY TO BE ACCEPTED IS WHERE WE ARE. WE'RE READY.

THEY'RE NOT ACCEPTED.

THAT GIVES GARY THE ABILITY TO STILL NOT.

>> [INAUDIBLE]

[01:05:03]

>> WELL, I WOULD DEBATE THAT THE GRADING ISSUES ARE PUBLIC IMPROVEMENTS.

THE CITY IS ACCEPTING THE DRAINAGE STRUCTURES, WHICH ARE CORRECT.

THEY ARE ACCEPTING THE WATER STRUCTURES, WHICH ARE CORRECT.

THEY ARE ACCEPTING THE ROADWAY STRUCTURES WHICH ARE CORRECT.

THEY'RE NOT ACCEPTING THE SIDEWALKS, THEY'RE NOT ACCEPTING THE DRAINAGE CHANNELS.

>> MADAM MAYOR.

>> I WOULD SUGGEST THAT THE EROSION CONTROL IS NOT FULLY IMPLEMENTED BECAUSE IF YOU HAVE LARGE ROCKS OR SHELL UNDERNEATH, YOU'RE NOT GOING TO HAVE EROSION CONTROL IN PLACE.

>> WELL, I BELIEVE EROSION CONTROL, THE STANDARD STATEWIDE IS 70 PERCENT OF AN AREA.

IF YOU THROW A HULA HOOP, 70 PERCENT OF THAT AREA HAS TO BE ESTABLISHED AND I FIRMLY BELIEVE THAT 70 PERCENT OF THE SITE IS STABILIZED.

>> MR. SLAUGHTER, GO AHEAD.

>> I WAS GOING TO STATE WHAT COUNCIL MEMBER NO.

DID IS FROM MY UNDERSTANDINGS OF OUR ORDINANCE, WHICH I THINK WE DISCUSSED THIS THE LAST TIME, WHICH WAS WHERE IT WAS COMING FROM.

EROSION CONTROL AND PUBLIC IMPROVEMENTS.

WE DON'T HAVE A DIRECT DEFINITION HERE, PUBLIC IMPROVEMENTS, BUT DRAINAGE IN THAT RESPECT, I THINK DOES FALL WITHIN THAT FOR THE EROSION CONTROL SIDE, THE PUBLIC IMPROVEMENTS ALSO ARE THE BRIDGE WHICH AGAIN, WE'RE HAVING TO ACCEPT AND IT'S NOT ACCURATE AT THIS POINT BECAUSE THEY HAVEN'T PAINTED IT AND I'M SO SORRY FOR SLOWDOWNS AND THAT WAS WHAT MY CONCERN IS.

LUCKILY, THE SIDEWALKS NOT OUR PROBLEM.

BUT THIS GIVES A VERY CLEAR DEFINITION OF WHICH OF THESE ITEMS ARE THE ONES WE CARE ABOUT FOR THIS PLAT TO BE APPROVED.

AND THAT'S WHERE I WAS GETTING CONCERNED AS THESE ITEMS. ONCE WE DO THIS, WE'RE ACCEPTING THESE ITEMS. IT'S DONE.

>> DOES THE ORDINANCE FALL IN LINE WITH THE STATE LEGISLATURES BILL FROM TWO YEARS AGO OF PLANNING REQUIREMENTS AND THE PLANNING REQUIREMENTS ARE ONLY APPLICABLE TO SUB-DIVIDING PROPERTY?

>> IT SOMETHING CALL LOCAL ORDINANCES [INAUDIBLE].

>> IT WAS JUST A QUESTION I AM ASKING BECAUSE I'M CURIOUS.

>> CAN I JUST GET CLARIFICATION ON WHICH ISSUES ARE PROVIDING HEARTBURN?

>> MADAM MAYOR, IS IT OKAY IF I RESPOND TO PRESTON BECAUSE I THINK THIS QUESTION WAS SOMEWHAT ADDRESSED FOR ME.

>> YES, GO AHEAD.

>> THE DRAINAGE ISSUES IN THE BRIDGE ARE REALLY THE ONES THAT, LIKE I SAID, SILT I UNDERSTAND SILT IN A POND IS GOING TO BE A CONSISTENT.

>> NUMBER 8, WHICH IS THE NUTS?

>> YES.

>> THOUGH I AM CONCERNED ABOUT THE SIDEWALK THAT REALLY IS A YOU PROBLEM, BUT IT SHOULD BE ADDRESSED AND IT NEEDS TO BE HIT OFF OF THIS.

THE ISSUES WITH FIRE HYDRANT PADS, THAT ONE I THINK NEEDS TO BE ADDRESSED.

AGAIN, THE POND SILT I UNDERSTAND THAT IS ONGOING.

GRADED A FOOT HIGHER THAN THE OUTFALL AT THE CULVERT.

THE CHANNEL DOWNSTREAM HAD WELL IN SOMERSET IN RICHMOND, THAT'S A DRAINAGE ISSUE.

THAT ONE IS ONE OF THE ONES THAT HAVE AN ISSUE WITH WE'VE ALREADY DISCUSSED VEGETATION.

I THINK THAT'S THE CODE ISSUE, LESS OF A PLAT ISSUE.

BUT THEY COULDN'T VERIFY THE SIDE SLOPES.

I'M ASSUMING THOSE ARE ACCURATE. I'LL GIVE BENEFIT OF THE DOUBT.

FRANCHISE UTILITIES, I UNDERSTAND YOUR ISSUE WITH THAT.

THEY NEED TO BE ADDRESSED.

BUT THEN ALSO THE LARGE ROCKS AND THE DRAINAGE CHANNELS THAT CITY TOLD THE CONSTRUCTION CONTRACTOR TO REMOVE ROCKS BEFORE THEY PLACE THE EROSION MAT.

ALL ROCKS GREATER THAN 2" MUST NOW BE REMOVED IN THE AIR IS FILLED WITH TOP SOIL AND VEGETATION ESTABLISHED.

>> THAT ONE I CANNOT AGREE TO BECAUSE IT'S NOT IN THE ORDINANCE TO BRING IN TOPSOIL IN ESTABLISHED VEGETATION.

IT DOES SAY THAT WE NEED TO ESTABLISH EROSION CONTROL.

I AGREE WITH THAT, BUT I'D BE HAPPY TO IF WE NEED TO COME BACK WITH WHAT THE DEFINITION OF EROSION CONTROL IS AND WHAT THE DEFINITION OF ESTABLISHED IS, WE CAN GO THERE.

>> I WOULD LEAVE THAT TO OUR CITY ENGINEER WHO IS QUALIFIED AND OUR PUBLIC WORKS DIRECTOR WHO'S WORKED WITH THAT

[01:10:01]

TO DETERMINE THOSE IN MY OPINION.

BUT THEY OBVIOUSLY PUT THEM ON THIS LIST BECAUSE THEY FELT LIKE THEY SHOULD BE HANDLED AT THIS POINT.

>> THREE, 4 AND 8 ARE THE ENLARGE ROCKS FROM THE DRAINAGE CHANNEL.

I DON'T CARE SO MUCH ABOUT THE TOPSOIL.

I CARE ABOUT LARGE ROCKS AND THE DRAINAGE CHANNEL THAT ARE GOING TO CAUSE ISSUE, AND I WOULD SUSPECT, I DON'T WANT TO SPEAK FOR MR. MACHADO OR MR. BIRKHOFF, BUT I'M ASSUMING THAT'S PROBABLY THE BIGGER ISSUE IS THE LARGE ROCKS UNDERNEATH THESE MATS CATCHING.

>> IT'S BEEN AN ISSUE HERE.

>> MADAM MAYOR, IF I CAN MAKE WHEN JUST COMMENT IS THAT I REALLY AT LEAST FOR ME AND MAYBE I'M THE ONLY ONE ON COUNSELING THING THAT'S BEEN NUMBER 8.

IF THEY ORDERED THE SPECIAL PAIN IN PRODUCT THAT HAS TO GO ON THERE.

FOR ME I THINK THEY'VE ALREADY MADE A COMMITMENT TO GOD AND I MAKE THAT HAPPEN.

I PERSONALLY NUMBER 8, I THINK THAT'S NOT GOING TO BE THAT BIG OF A DEAL FOR THE BRIDGE FOR ME.

BECAUSE, IT MEAN IF THEY WERE SAYING THAT NO, WE REFUSED TO GO THROUGH THIS SPECIAL PROCESS OR WE'RE NOT GOING TO REPLACE THE NUTS AND BOLTS AND ALL THAT THING.

IF THEY WERE PUSHING BACK ON IT, I WON'T HAVE A PROBLEM ON IT.

BUT FOR ME PERSONALLY, NUMBER 8, I DON'T THINK IT'S AN ISSUE.

I THINK THE BIGGEST ISSUES ARE THE ONES THAT ARE DRAINING AGE-RELATED ONES.

>> I WOULD UNDERSTAND EXCEPT THIS COULD BE AN EXPENSE IF THESE ITEMS WERE NOT HANDLED AND I UNDERSTAND THAT THEY HAVE ORDERED IT.

WE DON'T KNOW WHAT THAT TIMELINE IS.

IF HE WAS COMING TO US AND SAYING THE PRODUCT IS ON ORDER, IT'S SET TO BE HERE IN 90 DAYS, HERE'S THE PROOF THAT WE'RE TAKING CARE OF IT, THAT TO ME IS SOMETHING, BUT JUST TO LOOK AT THIS AND HAVE TO GO, WELL, EITHER IT'S DONE OR WE HAVE AN ISSUE WITH THE RUSTING, WHICH AGAIN, IT WAS IMPORTANT ENOUGH TO MR. BIRKHOFF PUT IT IN THERE.

THAT'S WHERE I DON'T WANT THE CITY HAVING TO PAY TO COME IN TO REINFORCE A BRIDGE A DECADE FROM NOW.

HOWEVER, AGAIN, THE DRAINAGE ISSUES AROUND HERE IS WELL.

I THINK IT'S A HERE NOR THERE.

I THINK THAT IS A PUBLIC IMPROVEMENT THAT WE HAVE TO CHOOSE TO TAKE.

IF WE TAKE IT AS IS, HOPEFULLY HIS CONTRACTOR DOES IT.

YOU HIRE A CONTRACTOR, I KNOW YOU HOLD THEM RESPONSIBLE, BUT IT'S CONTRACTOR HAS ALSO BEEN TOLD ABOUT THE ROCKS THEY DIDN'T DO THAT.

THEN I START TO GET HEARTBURN ON THAT.

>> WELL, MR. MAYOR PRO TEM, MAYBE THAT'S WHERE YOUR CONDITIONAL APPROVAL IS A POSSIBILITY.

WE'VE IDENTIFIED A COUPLE OF ITEMS HERE THAT WE CAN AGREE ON, AND I WOULD BE HAPPY TO MOVE FORWARD WITH A CONDITIONAL APPROVAL ON THIS.

>> GO AHEAD.

>> MR. MACHADO, I HAVE A QUESTION FOR YOU.

>> I'M CONCERNED ABOUT THIS ISSUE OF ROCKS.

TO SAY THAT ALL ROCKS TWO INCHES OR GREATER NEED TO BE REMOVED AND I'VE SEEN THE LAND, I'VE SEEN MY LAND.

THE DRAINAGE MOVES.

[OVERLAPPING]

>> IN THE DRAINAGE WAY.

>> THE DRAINAGE MOVES AS TRUCKS AND THINGS COME IN AND WORK IN THE AREAS.

THEY BREAK ALL THAT STUFF UP.

WHEN THE HOUSE IS BUILT, THEY PUT SOIL ALL OVER IT, INSIDE IT.

BUT AT THIS POINT, IF WE'RE CONTROLLING THE EROSION WITH THESE, [NOISE]

>> WHAT DO YOU CALL THOSE, MATS? [OVERLAPPING]

>> CHLORIC CONTROLLED MATS.

>> CHLORIC MATS. IT'S NOT AS SMOOTH.

IT'S NOT PRETTY BECAUSE YOU DO SEE HUMPS AND THINGS.

BUT WHAT'S OUR EXPECTATION? DO WE REALLY EXPECT THEM TO BE ALL GONE?

>> TYPICALLY, WHEN YOU HAVEN'T HAD AS MUCH TIME BETWEEN PUTTING THE EROSION CONTROL MAT DOWN AND RIGHT NOW, THERE'S VEGETATION ESTABLISHED IN THE DITCHES OVER THERE.

BUT TYPICALLY THEY PUT THAT DOWN A FEW DAYS OR MAYBE A WEEK BEFORE IT COMES TO UPROOT, AND SO IT HASN'T HAD TIME TO ESTABLISH.

WHEN THERE'S LARGE CHUNKS, AND ROCKS, AND TRASH, AND THEY'RE LAID OVER THE TOP, SO SOME PLANTS THAT HAVE ALREADY STARTED TO GROW AND IT'S HOLDING IT UP OFF THE BOTTOM, SO IT'S NOT GOING TO DO ITS JOB, THOSE ARE CONCERNS THAT WE HAVE.

>> BUT THAT'S NOT WHAT WE DID THIS TIME?

>> THAT'S NOT NECESSARILY THE CASE HERE BECAUSE THE ROCKS ARE THERE AND WE WOULD LIKE THOSE ROCKS REMOVED, BUT THE VEGETATION IS ESTABLISHED ALSO.

THE EROSION CONTROL, AND ITS NOT TOPSOIL, IT'S NOT ST. AUGUSTINE BURRITO.

>> IT IS JUST TO KEEP EROSION FROM HAPPENING.

>> BUT YOU'VE SEEN THAT IT'S IN BETTER CONDITION THAN YOU'VE SEEN IN THE PAST WITH HOW SOME OF THE EROSION CONTROLS? [OVERLAPPING]

>> THAT WAS INTENTIONAL. WE DIDN'T ASK TO COME HERE EARLY WHEN THERE WAS JUST EROSION CONTROL MAT.

WE INTENTIONALLY WAITED.

>> IN ANY WAY, IT DOESN'T WORK MAYBE WITH NEW EROSION CONTROL CURRENT LINKS DOWN, [INAUDIBLE] AND IT'S ALREADY STARTING TO GROW. WE CAN SEE THAT.

>> DID YOU LOOK SOMETHING UP?

[01:15:03]

>> IN TEXAS CODE SECTION 210, QUOTE THE CITATION ORDINANCES, THAT IS THE BASIS FOR CONDITIONAL APPROVAL OR DISAPPROVAL [INAUDIBLE] [LAUGHTER]

>> WELL, I'D LIKE TO MAKE A MOTION THAT WE APPROVE WHITE STONE TO PHASE 5 FINAL PLAT, CONDITIONALLY SUBJECT TO ITEMS 3, 4, AND 8.

>> WE HAVE A MOTION BY COUNCIL MEMBER LYNCH TO APPROVE WHITESTONE PHASE 5, FINAL PLAT CONDITIONALLY SUBJECT TO.

[OVERLAPPING]

>> I'M SORRY, I NEED A CLARIFICATION.

CAN YOU DEFINE CONDITIONALLY ON WHAT 3, 4, AND 8 IS RIGHT? IS THAT WHAT YOU SAID?

>> YES.

>> THREE, FIVE, EIGHT.

>> THREE, FOUR AND EIGHT.

[OVERLAPPING].

>> THREE, FOUR AND EIGHT.

>> FIVE IS ONE OF THOSE ONGOING THINGS.

>> THE ONLY THING THAT I WOULD MAYBE ADD AS MAYBE A CLARIFICATION, IF I CAN MAKE THAT CALL IS I THINK ON ITEM 2, WE WOULD HAVE TO ASSUME THAT TWO IS ACTUALLY ALREADY TO CODE.

>> OKAY.

>> BECAUSE RIGHT NOW IF WE GO TO THE LETTER OF WHAT WE KNOW RIGHT NOW, YOU DON'T KNOW BECAUSE YOU HAVE NOT TAKEN THAT.

NO WAY TO ACTUALLY LOOK. I'VE TAKEN A GIVE HIM THE BENEFIT OF DOUBT, BUT I THINK WE WOULD WANT TO PUT THAT IN THERE IF WE'RE GOING TO DO IT CONDITIONALLY.

>> ARE YOU AMENDING MS. LYNCH'S MOTION?

>> YES. I'M ASKING IF WE CAN AMEND IT TO PUT THAT ITEM 2 WILL ALSO BE IN COMPLIANCE.

>> MS. LYNCH, ARE YOU WILLING TO HAVE ITEM 2 ADDED TO YOUR MOTION?

>> YES, SINCE IT STRICTLY ADDRESSES FRANCHISE UTILITIES ALREADY COMPLETED, NOT NEW FRANCHISE UTILITIES THAT COME IN.

>> WE HAVE A MOTION FROM COUNCIL MEMBER LYNCH TO APPROVE WHITE STONE FIVE, FINAL PLAT CONDITIONED UPON COMPLETION OR REMEDY OF 3, 4, 8, AND 2.

IS THERE A SECOND?

>> MADAM MAYOR, I WOULD SECOND THAT MOTION.

>> OKAY. ANY FURTHER DISCUSSION? NOT HEARING ANY THEN I'LL CALL FOR YOUR VOTE.

ALL THOSE IN FAVOR OF APPROVING WHITESTONE PHASE 5, FINAL PLAT CONDITIONALLY UPON 2, 3, 4, AND 8 PLEASE RAISE YOUR RIGHT HAND.

ALL THOSE OPPOSED.

WE HAVE MS. LYNCH AND MR. REED OF FAVOR, AND WE HAVE MR. SLAUGHTER, MS. MO, AND MR. FIT AGAINST.

MOTION FAILS.

ARE THERE ANY OTHER MOTIONS THAT ANYONE WISHES TO MAKE AT THIS TIME? [NOISE]

>> MADAM MAYOR, I'M GOING TO MOVE THAT WE DENY THE PLAT BASED ON THE ORDINANCE THAT MR. OLSON READ OUT TO STATE THAT THESE ITEMS NEED TO BE RESOLVED BY CITY ORDINANCE PRIOR TO THE PLAT COMING BACK.

[NOISE]

>> OKAY. WE HAVE A MOTION BY MAYOR PRO TEM SLAUGHTER.

IS THERE A SECOND?

>> SECOND.

>> OKAY. WE HAVE A MOTION BY MAYOR PRO TEM SLAUGHTER AND A SECOND BY COUNCIL MEMBER FRED TO DENY THE WHITE STONE 5 FINAL PLAT.

IS THERE ANY DISCUSSION? NOT HEARING ANY, THEN I'LL CALL FOR YOUR VOTE.

ALL THOSE IN FAVOR OF DENYING WHITE STONE 5 FINAL PLAT, PLEASE RAISE YOUR RIGHT HAND.

OKAY. MR. SLAUGHTER, MR. FECHT,

[01:20:01]

AND THERE'S NO ALL IN FAVOR.

THOSE OPPOSED MS. LYNCH AND MR. REED.

MOTION PASSES 3- 2, SO THE FINAL PLAT AT THIS TIME IS DENIED.

>> JEEZ, SURPRISE THERE.

>> WE WILL SEE YOU SOON.

>> OKAY. NEXT, WE WILL GO TO ITEM NUMBER 3,

[3. CONSIDERATION AND/OR ANY APPROPRIATE ACTION ON ORDINANCE NO. 845 MAKING MODIFICATIONS TO THE PUBLIC SAFETY COMMITTEE COMPOSITION.]

CONSIDERATION AND OR ANY APPROPRIATE ACTION ON ORDINANCE NUMBER 845, MAKING MODIFICATIONS TO THE PUBLIC SAFETY COMMITTEE COMPOSITION.

IN YOUR PACKAGE, YOU WOULD HAVE NOTICED THAT IT IS BEING REQUESTED THAT FORMER COUNCIL MEMBER DIANA ABRAHAM BE ALLOWED TO SERVE BECAUSE OF HER SPECIAL KNOWLEDGE AND EXPERTISE WHICH MEANS WE WOULD HAVE TO CHANGE THE PUBLIC SAFETY COMMITTEES COMPOSITION FROM MAYOR MAYOR PRO TEM AND A COUNCIL MEMBER TO MAYOR MAYOR PRO TEM AND DIANA ABRAHAM AND SO THAT'S WHAT THIS IS ABOUT. COMMENTS.

>> MADAM MAYOR, MY FIRST QUESTION BEFORE REPLACING SOMEONE WOULD BE, ARE WE SURE THAT WE STILL NEED THIS ORDINANCE? WHEN WE CREATED THIS ORDINANCE, OUR POLICE CHIEF HAD LEFT AND WE WERE IN SITUATION I BELIEVE, OF OR WAS LEAVING AND SO WE WERE WITHOUT A FORMAL POLICE CHIEF.

WE NOW HAVE OUR FORMAL POLICE CHIEF AND I HAVE SOME CONCERNS ABOUT ADDING ANOTHER LAYER OF BUREAUCRACY.

I VOTED TO CREATE THIS PREVIOUSLY, AND AS I READ THROUGH THE ORDINANCE, I HAVE A CONCERN AS TO WHAT THE COMMITTEE CAN DO, IT IMPLIES THAT THEY CAN MAKE RULES, REGULATIONS, AND ORDERS WITHOUT COUNCIL APPROVAL.

I'M CONCERNED ABOUT OUR STAFF AND I WANT TO MAKE SURE THAT THEY ARE EMPOWERED TO DO THEIR FUNCTIONS AS EFFICIENTLY AS POSSIBLE.

WE NOW HAVE A CITY ATTORNEY AS WELL THAT WE DIDN'T HAVE.

I HAVEN'T HAD FOR A WHILE AND PERSONNEL MATTERS.

I DON'T KNOW EXACTLY WHAT COMES THROUGH WITH THIS COMMITTEE GETS INVOLVED WITH, BUT WE HAVE PERSONNEL MATTERS WOULD COME THROUGH TO OUR PERSONNEL INDIVIDUAL, LEGAL QUESTIONS WOULD COME TO OUR LEGAL PERSON.

OUR CITY ADMINISTRATOR HAS TO BE INVOLVED WITH OUR POLICE CHIEF BECAUSE HE IS THE CITY ADMINISTRATOR.

I'M CONCERNED THAT WE MIGHT BE BREAKING THE FLOW OF EFFICIENT WORK ENVIRONMENT AND THEN WITH RESPECT TO DIANA ABRAHAM AND I THINK SHE'S A VERY KNOWLEDGEABLE PERSON.

MY FIRST INSTINCT WAS THAT WAS A GOOD IDEA BECAUSE I DIDN'T THINK WE HAD ANYBODY ON STAFF.

I MEAN, IN OUR CITY COUNCIL THAT HAD THAT KIND OF KNOWLEDGE.

HOWEVER, THE CONCERN THERE IS THAT WE'RE BRINGING SOMEBODY THAT'S NOT AN ELECTED PERSON THAT'S DEALING WITH PERSONNEL MATTERS IN THE PROCESS.

THAT I DON'T KNOW IF THAT'S A WISE THING TO DO.

IT'S NOT A PAID EMPLOYEE, IT'S NOT AN ELECTED EMPLOYEE AND WE'RE BRINGING THAT ANOTHER PERSON IN THAT DOESN'T HAVE ANY ACCOUNTABILITY.

I JUST HAVE A LOT OF CONCERNS OVER THIS PROPOSAL.

>> I CAN APPRECIATE THAT.

AT THIS TIME, IT IS MY OPINION THAT

[01:25:01]

LUKE DOES NOT HAVE THE TIME TO DEAL WITH THE POLICE DEPARTMENT.

THERE'S A WHOLE LOT OF THINGS WE'VE BEEN WORKING WITH CHIEF PRICE ABOUT IN TERMS OF RESTRUCTURING THE ENTIRE DEPARTMENT, LOOKING AT ALL THE POLICIES.

AS THIS GOES ON, IT'S ALL BEING BROUGHT TO COUNSEL SO YOU ALL ARE AWARE OF EVERYTHING THAT'S HAPPENING AND THAT'S WHAT THE PUBLIC SAFETY COMMITTEE IS DOING.

WE'RE WORKING WITH THEM TO TRY TO GET THE POLICE DEPARTMENT UP TO WHERE IT SHOULD BE.

>> MADAM MAYOR, SOMETHING.

THE OTHER THING AND I DO UNDERSTAND COUNCIL MEMBER LYNCH'S CONCERNS.

I WON'T ADDRESS FORMER COUNCIL MEMBER ABRAHAM AT THIS POINT, BUT MOST OF EVERYTHING UNDER THIS COMMITTEE, THE WAY THAT WE HAD STRUCTURED IT IF I'M ACCURATE, WAS ALREADY ALL AUTHORITIES DUE TO THE MAYOR.

BUT THIS COMMITTEE WAS ACTUALLY DEVISED TO ASSIST THE MAYOR.

NOT HAVING THIS COMMITTEE, THE MAYOR CAN STILL TAKE ALL OF THE ACTIONS IN WHICH ARE LAID OUT THERE AND IT'S NOT POLICIES SO MUCH FOR THE CITY AS IT IS ASSISTING.

NOW CHIEF PRICE, WHO IS DOING A FABULOUS JOB, I'LL THROW IN HIS KUDOS WHILE I'M TALKING ABOUT IT AND DOING THAT.

BUT AS COUNCIL IS AWARE, WE DO HAVE CERTAIN, TRYING TO FIGURE OUT HOW TO DANCE AROUND THIS, CERTAIN STRUGGLES THAT WE ARE FACING JUST GENERALLY BETWEEN STAFFING AND EVERYTHING ELSE TO TRY TO ASSIST.

THE IDEA WAS FOR THAT AS I THINK TANK MORE SO THAN ANYTHING ELSE AND ITEMS REGARDING PEOPLE BEING OUT, THINGS LIKE THAT, TO MY KNOWLEDGE, ARE STILL BEING SENT TO THE CITY ADMINISTRATOR, BUT THEY HAVE TO ANSWER THE PHONE [LAUGHTER]

>> BECAUSE THERE'S NOBODY OVER THERE OR WHEN NOBODY IS OVER HERE AND SO THEY ARE AWARE OF THAT TO DATE.

I KNOW THAT WE'VE MET SEVERAL TIMES.

I CAN'T THINK OF ANY ACTIONS THAT WE'VE TAKEN.

WE PROVIDED ADVICE, RECRUITING IDEAS, THINGS LIKE THAT AS AN ASSISTANCE TO THE CHIEF IN HIS ROLE.

BECAUSE WHAT I WILL SAY IS, AND I DON T THINK CHIEF PRICE WOULD DENY THIS.

HIS JOB IS VERY COMPLICATED AND IT IS VERY BUSY AND [LAUGHTER]

>> HE HAS A LOT TO DO ON A DAY-TO-DAY BASIS.

IT REALLY MY UNDERSTANDING AND MY BELIEF AND IT IS DESIGNED AS A BENEFIT TO HIM, NOT A LEVEL OF BUREAUCRACY OR OVERSIGHT BECAUSE EVERYTHING IS STILL COMING HERE.

ANY CITYWIDE POLICIES ARE STILL COMING HERE.

ANY UPDATES ON ANYTHING ARE STILL COMING HERE.

MORE TO PROVIDE BENEFIT TO LUKE AND ALSO TO PROVIDE ASSISTANCE TO THE MAYOR WHO WOULD BE TAKING ON THESE ROLES SOLELY AS IT IS.

AS FAR AS THE ORDINANCE, MY ONLY COMMENT, THOUGH I AM NOT NECESSARILY INITIALLY EVEN MY THOUGHT IS DIANA IS A GREAT PERSON.

I DON'T KNOW IF SHE'S INTERESTED OUT.

THAT WOULD BE ONE OF MY QUESTIONS.

BUT INSTEAD OF BLOCKING AN ORDINANCE TO THAT, THE ONLY QUESTION THAT I WOULD HAVE IS WOULD IT MAKE MORE SENSE TO WORK IT TO WHERE A QUALIFIED RESIDENT THAT MEETS COUNCIL'S APPROVAL AND WITH THE CHIEF'S RECOMMENDATION OR SOMETHING LIKE THAT SO IT BECOMES A JOINT, THE CHIEF IS OKAY WITH THE RESIDENT AND THEY HAD THE EXPERIENCES OF COUNCIL HAS THAT OVERSIGHT OF PUTTING THEM OR REMOVING THEM.

>> MY THOUGHT WAS, WE STARTED WITH DIANA.

SHE'S ALREADY UP TO DIE.

SHE'S INVOLVED AND IT'S EASIER TO CONTINUE THAN TRY TO FIND A NEW PERSON WITH HER BACKGROUND.

THAT'S VERY DIFFICULT BECAUSE SHE HAS SOME EXPERTISE THAT HAS BEEN RECENTLY VERY HELPFUL BECAUSE OF SOME INCIDENTS AT SOUTH FORK.

THAT'S WHERE I WAS COMING ON WITH THAT.

I HAVE NOT TALKED TO DIANA ABOUT THIS.

I JUST ASSUMED SHE MIGHT DO IT.

SHE MIGHT WELL TELL ME SOMETHING ELSE. I DON'T KNOW.

BUT THE COMMITTEE IS DESIGNED TO PROVIDE SUPPORT FOR KENNY EXCUSE ME, CHIEF PRICE.

HE'S A NEW CHIEF.

HE'S LEARNING, HE'S DOING A GREAT, FANTASTIC JOB.

BUT IN TRYING TO RESTRUCTURE THE DEPARTMENT BECAUSE IT DOES NEED TO BE RESTRUCTURED AND I THINK WE ALL AGREED TO THAT A WHILE BACK.

HE NEEDS SUPPORT, HE NEEDS ADVICE, HE NEEDS TO KNOW.

IT'S ALMOST ON A DAILY BASIS ON WOULD THIS BE OKAY? IS THIS OKAY? CAN I DO THIS? CAN I DO THAT? WE'RE NOT TRYING TO MICROMANAGE HIM, WE'RE TRYING TO BE REALISTIC AND SAY,

[01:30:02]

WHAT IS IT THAT PARKER NEEDS WHERE WE CAN MAKE THIS THE BEST IT CAN BE FOR THE CITY OF PARKER.

IT IS NOT DESIGNED TO BE AN ONGOING FOREVER THING.

IT'S JUST UNTIL WE GET IT DONE AND UNTIL LUKE GETS CAUGHT UP ON SOME THINGS AND HAS A LITTLE BIT MORE TIME.

BECAUSE RIGHT NOW, HE IS SNOWED.

HE'S GOT ALL THE MAD STUFF, DEPOSITIONS AND STUFF LIKE THAT.

HE HAS GOT PUBLIC WORK, HE'S GOT PLENTY OF OTHER THINGS AND HE'S GOT SOME PROJECTS THAT ARE A LITTLE BIT BEHIND THAT WE NEED TO GET CAUGHT UP ON.

THAT'S WHY THIS WAS DIVIDED IN THE FIRST PLACE.

>> I APPRECIATE THAT. I DO UNDERSTAND THAT LUKE HAS A FULL PLATTER [LAUGHTER]

>> AND PROVIDING SUPPORT IN HELPING TO IMPROVE OUR POLICE DEPARTMENT OVERALL IS CRITICAL.

I KNOW I SUPPORT AND I THINK ALL OF US TRULY SUPPORT OUR POLICE DEPARTMENT AND WE WANT TO HELP KENNY GET THE DEPARTMENT THAT HE WANTS.

THAT'S MY BIGGEST CONCERN IS I WANT HIM TO KNOW WE'RE LOOKING FOR HIM TO BE THE CHIEF AND WE DON'T WANT TO BE OVER USURPING ANYTHING.

THE ONLY OTHER COMMENT WITH RESPECT TO I LIKED MR. SLAUGHTER'S RECOMMENDATION OF PERHAPS PUTTING IT AS A NOT A SPECIFIC INDIVIDUAL AS TO THE ROLE SOMEBODY ELSE BEING ON THIS THAT IS APPROVED BY COUNCIL.

WITH RESPECT TO MS. ABRAHAM IS TIMING, WOULD SHE HAVE THE TIME TO COMMIT TO IT?

>> MADAM MAYOR, I GOT A QUESTION.

>> HAS ANYONE TALKED TO MS. ABRAHAM TO SEE IF SHE'S WILLING TO DO THIS?

>> I BELIEVE MR. SLAUGHTER TALK TO HER AT ONE POINT.

>> SORT OF. IT WAS THE NIGHT THAT SHE WAS LEAVING AND SHE SAID SHE WAS OUT.

THERE WAS A CONVERSATION OF WELL, IF WE PUT A CIVILIAN MEMBER, WOULD YOU BE INTERESTED? I THINK SHE DID SAY YES AT THAT POINT, BUT NO, I HAVE NOT HAD A RECENT CONVERSATION AND THAT COULD HAVE JUST BEEN A YES TO GET OUT THE DOOR.

THE BENEFIT THAT SHE BRINGS.

ALMOST EVERY MEETING THAT WE HAVE HAD, ANY CONVERSATION WE'VE HAD, AND A LOT OF IT HAS BEEN CHIEF PRICE CALLS US TO GIVE US AN UPDATE OR HERE'S WHAT'S GOING ON JUST SO YOU'RE AWARE.

AGAIN, ON THOSE SHE WAS INVOLVED PRIOR TO STEPPING OFF COUNCIL SENTENCE.

IT'S BEEN JUST THE MAYOR AND MYSELF.

WE JUST RECENTLY HAD A MEETING WHICH I THOUGHT WAS PRODUCTIVE IN PROVIDING SOME YES KNOW, OR HERE'S HOW TO STRUCTURE.

HERE'S WHAT WE CAN DO AND STARTING PROJECTS LIKE THE RECENT WHEN WE DISCUSSED RECRUITING TOOLS AND SALARY BENEFITS AND THINGS LIKE THAT.

IT ALLOWS US TO DO THE FORWARD RESEARCH BEFORE THE CHIEF HAD TO GET INVOLVED.

I DON'T KNOW IF SHE'S REALLY BUT I COULD SEE THE BENEFIT OF HAVING IT.

AGAIN, I COULD EVEN UNDERSTAND THE BENEFIT OF EVENTUALLY ADDING THE CITY ADMINISTRATOR TO THE GROUP.

I DON'T KNOW IF HE WANTS THAT AS AN ADDED THING BECAUSE IT'S NOT A DIRECTION.

THE MAJORITY OF THE COMMENTS THAT ARE MADE TO THE CHIEF ON THAT MEETING IS YOU'RE THE CHIEF, WHAT DO YOU WANT TO DO? THAT MAKES LOGICAL SENSE AND MOVE ON WITH IT.

I WOULD NOT BE OPPOSED IF WE WANTED TO PUT A REVIEW DATE IN THIS SO THAT WE CAN DETERMINE.

IT'S NOT A FOREVER GROUP, BUT HERE'S THE REVIEW DATE AND, EVERY FIRST MEETING IN JANUARY YOU DECIDED THIS COMMITTEE GOES ON OR IF THE CHIEF COMES IN AND SAYS, I DON'T NEED IT ANYMORE, I'VE GOT THIS.

I'M FULLY STAFFED, EVERYTHING'S GOING GREAT AND IT GOES AWAY.

>>I AGREE WITH COUNCIL MEMBER SLAUGHTER.

MRS. ABRAHAM'S SKILL SET IS AMAZING.

LIKE WE COULDN'T AFFORD TO GET HER AS A CONSULTANT.

IF SHE WOULD HELP, THAT'D BE AMAZING.

BUT WE MIGHT WANT TO ASK HER [LAUGHTER]

>> CRAZY THOUGHT.

>> FOLLOW UP QUESTION FOR LEGAL.

IT JUST MOVED ON ME HERE.

SECTION 245, ORDINANCE 245, DOES THAT SUPERSEDE THE POWER OF THE MAYOR OR COUNCIL OR IS IT TRULY AN INDEPENDENT?

>> ORDINANCE 245?

>> [INAUDIBLE] ORDINANCE 770 AND 498 WHICH IS ALREADY SET FOR THE ASSESSMENT OF [INAUDIBLE].

>> OR DIDN'T SAY 32.

[01:35:04]

AT THAT TIME AND IT SHIFTED [OVERLAPPING]

>> THAT TO THE PUBLIC SAFETY COMMITTEE.

AT THAT TIME, IT WENT FROM CITY ADMINISTRATOR TO PUBLIC SAFETY COMMITTEE, WHICH WAS MAYOR PRO TEM AND A COUNCIL MEMBER AND COUNCIL MEMBER ABRAHAM AT THE TIME.

COUNCIL MEMBER ABRAHAM WAS APPOINTED, THIS ORDINANCE PROVISION PROPOSED WOULD BE MERELY TO ADD ONE SENTENCE AFTER THE ALREADY ESTABLISHED LANGUAGE, AND IT IS THE SENTENCE THAT STARTS WITH PROVIDED HOWEVER.

THIS WOULD THEN BE TWO SPECIFICALLY A POINT BY A FUTURE RESOLUTION.

THIS ORDINANCE IF APPROVED WITHIN REQUIRE FUTURE RESOLUTION TO ALSO BE APPROVED.

IT DESIGNATED DIANA AND ABRAHAM.

ALL OF THIS FROM THE PROVIDED, HOWEVER, THAT'S WHAT'S NEW.

EVERYTHING BEFORE THAT IS ALREADY ESTABLISHED.

>> WHAT WAS JOE LIKE TO DO? TODD ARE YOU SUGGESTING THAT WE POSTPONE THIS OUT UNTIL YOU TALK TO DIANA ABRAHAM?

>> THAT MAYBE SOMETHING TO CONSIDER.

>> I'M ASKING.

>> I THINK SO.

>> IS EVERYBODY IN AGREEMENT WITH THAT? [OVERLAPPING]

>> YEAH. I THINK I WOULD AGREE BECAUSE THE RESOLUTION THAT IS GOING TO FOLLOW THAT IS GOING TO BE TIED INTO IT AND THERE'S NO WAY FOR US TO BE ABLE TO GO FURTHER ON THAT UNLESS THAT RESOLUTION IS LEFT OPEN AS MAYOR PRO TEM SLAUGHTER SUGGESTED THAT IT WOULD BE A NON ELECTED OFFICIAL THAT WOULD BE TAKING THAT ROLE.

IF WE BRING THIS BACK, THAT WOULD BE MY SUGGESTION OF AN EDIT IS THAT EVEN IF SHE'S INTERESTED, WE DON'T WANT TO LOCK OURSELVES IN BECAUSE SHE COULD [INAUDIBLE] GO.

I'M RESIGNING, I'M OUT, AND THEN WE'RE BACK TO THIS AGAIN.

AT THAT POINT, COUNCIL COULD JUST PICK SOMEBODY ELSE OR SOMEBODY ELSE COULD APPLY THE SAME WAY.

WE'VE SET A PROCESS.

MY SUGGESTION WOULD BE IS SOMEBODY APPLIES, CHIEF PUTS IN THEIR RECOMMENDATION BECAUSE THAT'S WHAT THE POLICE DEPARTMENT THAT FOLLOW THE SAME PROTOCOLS AND THEN COME TO COUNCIL TO GET APPROVED.

THAT WOULD BE THE ONE DIFFERENCE IS I WOULD ACTUALLY HAVE THE CHIEF SAY THAT THEY ARE OKAY WITH WHATEVER INDIVIDUAL BECAUSE THE SAME TOKEN YOU DON'T WANT SOMEBODY PUT ON THERE THAT COUNCIL HAS NO IDEA HAS HAD 9,988 INTERACTIONS WITH THE POLICE DEPARTMENT, POSITIVE OR NEGATIVE, AND THEN SUDDENLY [LAUGHTER]

>> THEY PUT ON THE COMMITTEE SO YOU DON'T WANT THAT EITHER.

I WOULD WANT THE CHIEF TO HAVE INPUT ON A CITIZEN THAT GOES IN THERE.

>> OKAY.

>> BUT I HAVE NO PROBLEMS IF WE WANT TO POSTPONE THIS TO FIND OUT IF SHE'S INTERESTED, BUT THEN ALSO I WOULD BE OKAY TO MOVE FORWARD AND JUST ALTER THAT POINT BECAUSE I WOULD NOT WANT AN ORDINANCE OUT THERE THAT NAMES JUST ONE INDIVIDUAL.

I FEEL LIKE IT'S TOO MUCH OF A HAND TIME.

>> I AGREE.

>> JUST ADD ANOTHER THOUGHT. SHE WOULD BE AWESOME TO HAVE, BUT I'M PRETTY SURE SHE HAD TO GET APPROVED BY HER EMPLOYER TO BE ON COUNCIL AND THAT MAY APPLY OVER HERE. I HAVE NO IDEA.

I DON'T KNOW. BUT I'LL BE HAPPY TO ASK HER AND SEE WHAT SHE SAYS.

DO YOU HAVE HER NUMBER? I DO.

>> I DO. SHOULD I HAVE A FORMAL MOTION TO POSTPONE?

>> MADAM MAYOR, I'D LIKE TO MAKE A MOTION TO POSTPONE THE CONSIDERATION OR ANY APPROPRIATE ACTION ON ORDINANCE NUMBER 845.

>> IS THERE A SECOND?

>> I'LL SECOND THAT, MADAM MAYOR.

>> THANK YOU. WE HAVE A MOTION AND A SECOND THAT WE POSTPONE ANY ACTION ON ORDINANCE NUMBER 845 UNTIL SUCH TIME AS I WILL TALK TO DIANA ABRAHAM AND BRINGING THAT BACK TO COUNCIL.

THEN ANY FURTHER DISCUSSION?

>> THE ONLY OTHER DISCUSSION THAT I WOULDN'T HAVE IS EVEN IF YOU TALKED TO HER, I AM IN AGREEMENT WITH MAYOR PRO TEM SLAUGHTER THAT WE NEED TO HAVE THAT AS AN OPEN-ENDED ASSIGNMENT AND NOT FOR A SPECIFIC PERSON.

>> WELL, THAT'S A DIFFERENT THING.

I WILL CALL FOR YOUR VOTE ON POSTPONING ORDINANCE NUMBER 845.

ANY ACTION ON ORDINANCE NUMBER 845.

ALL THOSE IN FAVOR PLEASE RAISE YOUR RIGHT HAND.

ANY OPPOSE? PASS IS 5-0.

THAT CAN COME BACK AS A SEPARATE ISSUE.

[01:40:06]

NEXT, WE HAVE ITEM NUMBER 4 CONSIDERATION DISCUSSION

[4. CONSIDERATION, DISCUSSION, AND/OR APPROPRIATE ACTION ON A RESOLUTION NO 2023-739 REGARDING APPROVAL OF THE 2022-2023 INVESTMENT POLICY. ]

AND ANY INAPPROPRIATE ACTION ON RESOLUTION NUMBER 2023-739, REGARDING APPROVAL OF THE 2022-2023 INVESTMENT POLICY.

MR. SAVAGE, YOU WANT TO TELL US WHAT THIS IS ABOUT?

>> STATE STATUE IN OUR OWN CURRENT INVESTMENT ALSO REQUIRES COUNCIL TO REVIEW INVESTMENT POLICY ON ANNUAL BASIS.

THE LAST TIME IT WAS REVIEWED WAS APRIL OF 2022.

AT THAT TIME WE MADE A SERIES OF CHANGES TO THE PRIOR INVESTMENT POLICY.

DURING THE INVESTMENT COMMITTEE WE HAD IN APRIL 2023.

THIS IS WHERE WE MADE ALL CHANGES LAST YEAR.

THERE WAS NO PROPOSED CHANGES TO THE INVESTMENT POLICY.

WE'RE JUST ASKING TO REMOVE EXISTING POLICY

>> ARE THERE ANY QUESTIONS OF MR. SAVAGE? NOT HEARING ANY, THEN I'LL ASK FOR A MOTION.

>> MADAM MAYOR, I MOVE THAT WE APPROVE A RESOLUTION NUMBER 2023-739, REGARDING THE APPROVAL OF THE 22-23 INVESTMENT POLICY.

>> IS THERE A SECOND?

>> MADAM MAYOR, I SECOND THAT.

>> OKAY. WE HAVE A MOTION AND A SECOND TO APPROVE RESOLUTION NUMBER 2023-739 ON THE INVESTMENT POLICY.

ANY DISCUSSION? NOT HEARING ANY I WILL CALL FOR YOUR VOTE.

ALL THOSE IN FAVOR OF APPROVING RESOLUTION NUMBER 2023-739.

PLEASE RAISE YOUR RIGHT HAND.

ANY OPPOSED? MOTION CARRIES 5-0.

THANK YOU. THAT ONE WENT WAY TOO SMOOTH.

CONSIDERATION AND/OR ANY APPROPRIATE ACTION ON RESOLUTION NUMBER 2023-740.

>> ITEM NUMBER 5,

[5. CONSIDERATION AND/OR ANY APPROPRIATE ACTION ON RESOLUTION NO. 2023-740 MAKING APPOINTMENTS TO THE WEBSITE DEVELOPMENT SUBCOMMITTEE. ]

MAKING APPOINTMENTS TO THE WEBSITE DEVELOPMENT SUBCOMMITTEE.

WAKE UP, LUKE.

[OVERLAPPING].

>> I WAS GOING TO TALK.

>> GOOD. THE WEBSITE SUBCOMMITTEE WHICH WAS FORMED BY COUNCIL, CONSISTED OF COUNCILMEMBER LYNCH, MYSELF AND COUNCILMEMBER MEYER.

COUNCILMEMBER MEYER IS NO LONGER COUNCILMEMBER.

THEREFORE, WE NEED TO REPLACE HER WITH ANOTHER COUNCIL MEMBER WHO WAS INTERESTED IN WORKING ON THE WEBSITE DEVELOPMENT COMMITTEE.

ALL COUNSELORS WELCOME TO PARTICIPATE ON THIS, BUT WE NEED TO HAVE AT LEAST THREE THAT ARE DEDICATED TO THE COMMITTEE.

IF THERE'S SOMEONE WHO IS INTERESTED OR WOULD LIKE TO BE NOMINATED, SPEAK UP.

[NOISE]

>> STAFF HAS DONE A LOT OF RESEARCH, SO THEY ARE READY TO GO FOR THIS NEXT MEETING.

I CAN HELP WITH THAT.

>> MADAM MAYOR, I'D LIKE TO MAKE A MOTION.

>> THAT WE NOMINATE COUNCILMEMBER REED.

>> I SECOND THAT.

>> IS THERE A SECOND TO THAT? [OVERLAPPING].

>> SECOND AND A THIRD .

>> WE HAVE A MOTION, MAYOR PRO TEM SLAUGHTER IN A SECOND, BUT COUNCILMEMBER FECHT TO A POINT JIM REED TO THE WEBSITE DEVELOPMENT COMMITTEE.

MR. REED, YOU ARE AGREEABLE TO SERVING ON THIS COMMITTEE?

>> YES, MADAM MAYOR.

THEN I WILL ASK FOR YOUR VOTE.

ALL THOSE IN FAVOR OF APPOINTING MR. REED TO THE WEBSITE DEVELOPMENT COMMITTEE, PLEASE RAISE YOUR RIGHT HAND.

ANYONE OPPOSED? [LAUGHTER]

>> MOTION PASSES 5-0 OR YOU ABSTAINING OVER THERE.

>> OKAY, 4-0 AND ONE ABSTENTION.

WE'RE GOING TO GET THAT DONE.