Nov 07, 2023 City Council Work Session

[CALL TO ORDER]

[00:00:05]

VICTIMS. GOOD AFTERNOON. TODAY IS TUESDAY. NOVEMBER 7TH. IT IS ELECTION DAY. HOPEFULLY EVERYONE WAS OUT, VOTED ON THE PROPOSITIONS. WE'RE AT 222 NORTH TENNESSEE STREET, THE GREAT CITY OF MCKINNEY. IT'S THREE OH, CLARK IS WRONG AT 303 IN THE AFTERNOON. AND WE ARE IN OUR CITY COUNCIL WORK SESSION. THE FIRST ORDER OF BUSINESS WOULD BE ANY PUBLIC COMMENTS ON AGENDA ITEMS, AND I HAVE NOBODY WHO HAS SIGNED UP TO SPEAK. AND THOSE SO WE WILL MOVE RIGHT TO DISCUSSING

[DISCUSS REGULAR MEETING AGENDA ITEMS for the City Council Regular Meeting to be held on Tuesday, November 7, 2023 at 6:00 p.m. ]

LET'S SEE MARK. THERE HE IS, OVER THERE. SORRY, MARK DID NOT SEE YOU. CONSIDERING ACT ON ALL MATTERS INCIDENT RELATED TO THE ISSUANCE AND SELLS CITY OF MCKINNEY, TEXAS TAX LIMITED PLEDGE AIRPORT REVENUE CERTIFICATES OF APPLICATION TAXABLE SERIES 2023, INCLUDING THE ADOPTION OF AN ORDINANCE AUTHORIZING THE ISSUANCE OF SUCH CERTIFICATES OF OBLIGATION, ESTABLISHING PREMIER PARAMETERS FOR THE SALE AND ISSUANCE OF SUCH CERTIFICATES OF OBLIGATION, AND THERE'S BEEN A LOT OF CHATTER OUT THERE. UM, THINKING THAT THAT THE CITY COUNCIL IS ISSUING DEBT FOR COMMERCIAL PASSENGER SERVICE, WHICH OF COURSE, WAS A ITEM REFERENDUM BALLOT. LAST ELECTION. THIS OF COURSE, HAS NOTHING TO DO WITH ANY OF THAT. YES SIR. I'M SORRY.

I'M GETTING GUESS THAT WAS YES. THERE IS THE OKAY. SO MR HOLLOWAY, IF I MAY, WHEN YOU ADDRESS THESE ISSUES YOU AND CAN COULD YOU PLEASE SPEAKERS? IF YOU'RE SPEAKING TO AN ELEMENTARY SCHOOL WITH THE DIFFERENCE BETWEEN EAST AND WEST AND THE DIFFERENCE IN BETWEEN GENERAL AVIATION AND COMMERCIAL AVIATION. BECAUSE THERE IS A HUGE MISCONCEPTION OUT THERE AND IT TO ME. IT'S VERY ELEMENTARY. YEAH. AND IF YOU COULD EDUCATE THE PUBLIC AT THAT LEVEL, I WOULD CERTAINLY APPRECIATE IT. SURE IF YOU WANT TO TALK ABOUT AVIATION MIGHT PROBABLY ASKED HIM TO TALK ABOUT THAT. I'LL TALK A LITTLE BIT ABOUT THE BONDS. WHAT THEY ARE WHAT THEY AREN'T UM AND THEN IF WE WANT TO TALK TO YOU KNOW WHAT ABOUT AVIATION? I'LL BE HAPPY. LET LET ME LET ME ACTUALLY ASK TO DO IT. REVERSE CAN CAN. COULD YOU COME UP AND JUST TALK ABOUT VERY BRIEFLY THAT THE FBO OPERATION GENERAL AVIATION THE WAY THIS AIRPORT HAS OPERATED SINCE WE HAVE PURCHASED IT, AND SINCE IT'S BEEN IN OPERATION PERIOD AND WHAT THE ITEMS ARE THAT ARE BEING DISCUSSED HERE AND HOW THEY RELATE TO THE AIRPORT AND OUR WITH OUR GENERAL AVIATION BUSINESS AND RESPONSIBILITIES. YES. UM. THE CERTIFICATE OF OBLIGATION. AH! PROPOSITION IS FOR THE CONSTRUCTION OF A CORPORATE GENERAL AVIATION HANGAR. UH HUH. AND A U. S CUSTOMS FACILITY. SO THAT IS KIND OF A BUSINESS THE AIRPORT HAS BEEN IN SINCE 1979. WHEN THE AIRPORT ACQUIRED THE FBL OPERATION AND THE FUELING ENTERPRISE AND A LOT OF THE HANGAR ASSETS IN 2013. WE'VE BEEN STEADILY EXPANDING THAT OPERATION TO RESPOND TO DEMAND WE SEE DEMAND FOR ANOTHER 40,000 SQUARE FOOT HANGAR. THERE'S A REVENUE PRODUCING THERE, IN FACT , PROBABLY THE HIGHEST PER ACRE REVENUE PRODUCERS THAT WE HAVE. SO THIS UM, PROPOSITION IS TO BASICALLY CONSTRUCT ANOTHER HANGAR TO RESPOND TO THE DEMAND AND THEN ALSO CONSTRUCT A U. S CUSTOMS FACILITY WHICH WE HAVE CUSTOMS ON SITE TODAY. BUT THOSE FACILITIES DON'T MEET THE FEDERAL REQUIREMENTS FOR PROCESSING INTERNATIONAL ARRIVALS, SO OUR GOAL IS TO REALLY BASICALLY CONSTRUCTED FACILITIES THAT WILL MEET THOSE FEDERAL REQUIREMENTS. SO CAN THE CORPORATE ANGER TALKING ABOUT LIKE WE'VE BUILT IN THE PAST HOUSE, LARGE CORPORATE ASSETS, CORPORATE JETS BUSINESS, PERSONAL PROPERTY THAT PAYS TAXES, I THINK THIS YEAR PAYS, THEY'RE PAYING OVER $3 MILLION TO THE VARIOUS TAXING ENTITIES, WHICH WHICH RELIEVES SUBSIDIZES THE RESIDENTIAL PROPERTY OWNER BURDEN HERE IN THE CITY OF MCKINNEY, AND THAT'S OF COURSE, ONE OF THE REASONS WHY WE CONTINUE TO PURSUE THIS BUSINESS GENERATES REVENUE GENERATES

[00:05:02]

ALL OF THAT IS CONSIDERED GENERAL AVIATION. UM, WE HAVE TENANTS IN THE CORPORATE SPECTRUM THAT ARE EVERYTHING FROM MANUFACTURING INSURANCE. CONSTRUCTION. UM. YOU NAME IT.

THERE'S ALL OF THOSE INDUSTRIES ARE REPRESENTED WITH THEIR FLIGHT DEPARTMENTS. MCKINNEY AND CAN WE HAVE ONE OF OUR AND AGAIN YOU'RE CORRECT THAT AND IT'S BETTER THAT WE DON'T NECESSARILY TALK ABOUT THE COMPANIES BY NAME. THEY MAY NOT NECESSARILY WANT TO TALK ABOUT THEIR CORPORATE ASSETS AT THE AIRPORT, BUT THERE ARE A NUMBER OF THEM THAT ARE THAT MAKE TRANSPACIFIC FLIGHTS AND THEY BRING PRODUCT BACK AND FORTH. UM THAT THAT REQUIRE US TO HAVE A CUSTOMS OFFICE AND THE DEPARTMENT BUILDING PROCESS AND IT IS FOR THAT REASON THAT WE HAVE CUSTOMS ON SITE NOW, UM, BUT YOU'RE SAYING THAT CURRENTLY, THAT FACILITY DOES NOT MEET THE REGULATIONS THAT WE NEED. SO WE'RE HAVING TO. YEAH, WE'RE BASICALLY OPERATING UNDER A WAIVER TODAY WITH THEIR OPERATING OUT OF A ONE OFFICE IN THE OLD FBO TERMINAL, AND IT JUST DOESN'T MEET THE REQUIREMENTS FOR PROCESSING INTERNATIONAL ARRIVALS. YOU KNOW, WE'RE DOING PROBABLY I DON'T KNOW ANYWHERE BETWEEN 10 TO 20 OF THOSE A MONTH DEPENDING ON THE MONTH. UM AND THAT'S BEEN A GROWING, YOU KNOW, TREND. YOU DON'T GENERAL AVIATION IS ALL OF THE GENERAL AVIATION CONDUCTED ON THE EAST SIDE OF THE RUNWAYS AT THE AIRPORT TODAY, EVERYTHING IS DEVELOPED IS ON THE WEST SIDE. THERE IS NO DEVELOPMENT ON THE EAST OF YEAH, YEAH, SO EVERYTHING THAT WE HAVE DEVELOPED TODAY IS ON THE LAND THAT THE CITY OWNS THE AIRPORT.

OWNS ON THE WEST SIDE. WE HAVE, YOU KNOW, WE HAVE YET TO DEVELOP ANY PROJECTS ON THE EAST SIDE AND THE EAST SIDE WAS EARMARKED FOR COMMERCIAL. WHICH WOULD RELATE BACK TO THE BOND ELECTION . THAT FAILED. CORRECT I THINK THAT YOU KNOW THE REALITY IS THAT YOU KNOW, WE'RE AT SOME POINT WE'RE GOING TO RUN OUT OF DEVELOPABLE LAND ON THE WEST SIDE, AND WE ARE GOING TO BE ON THE EAST SIDE WITH PROJECTS THAT MAYBE BOTH. GENERAL AVIATION AND OR COMMERCIAL SERVICE, DEPENDING ON THE WILL OF THE COUNCIL AND WHAT WE WANT TO PURSUE. BUT EACH OF THESE ISSUES BEFORE THIS COUNCIL BEFORE CHURCH BOARD THIS EVENING OR ALL BEING DEVELOPED ON THE WEST SIDE OF THE AIRPORT, CORRECT, SO YOU'VE GOT THE ISSUE TO POTENTIALLY FUND THE DEVELOPMENT OF THE 40,000 SQUARE FOOT HANGAR AND THE U. S CUSTOMS FACILITY, AND THEN THERE'S ANOTHER ANOTHER ISSUE ON THE TOURS AGENDA. TO DEVELOP SOME PAVEMENT TAXI LANE CONNECTOR THAT WILL ENABLE THE DEVELOPMENT OF A 10 ACRE SITE FOR SOME ADDITIONAL HANGERS THAT I'LL TALK ABOUT IN MORE DETAIL IN THE TOURIST BOARD MEETING AND ALL OF THOSE WILL BE ON THE WEST. THEY ARE ALL ON THE WEST SIDE. YES, SIR. BUT I WANT TO BE CLEAR THAT WEST SIDE HAS BEEN WE'VE BEEN WHAT WE HAVE BEEN DEVELOPING THE EAST SIDE WILL DEVELOP WITH GENERAL AVIATION. USES AS WELL, WHOEVER WHO KNOWS WHAT OUR HISTORY OR WHAT OUR FUTURE HOLDS IN STORE FOR US, WHETHER IT'S COMMERCIAL, NO COMMERCIAL GENERAL AVIATION FREIGHT. WHATEVER IT IS, OUR AIRPORT WILL BE DEVELOPED EAST AND WEST SIDES. WE HAVE ONLY BEEN DEVELOPING ON THE WESTSIDE NOW BECAUSE OF COURSE, ARE THE UTILITIES AND THE INFRASTRUCTURE IS THERE BUT WE WILL ABSOLUTELY, OF COURSE, BE DEVELOPING THE EAST SIDE AND CONTINUE WITH THE AIRPORT MASTER PLAN THAT'S BEEN IN PLACE FOR ITS INCEPTION THAT AIRPORT THE DEVELOPMENT OF THE EAST SIDE HAS BEEN IN THE MASTER PLAN FOR DECADES. IT'S THE ONLY REASON WHY HASN'T DEVELOPED UP UNTIL THIS POINT IS LACK OF UTILITIES AND INFRASTRUCTURE.

BUT THAT WILL CHANGE AND SOME OF THE IMPROVEMENTS WE'RE TALKING ABOUT TODAY WILL BE CONNECTING

[00:10:02]

CAN YOU SPEAK TO CORPORATE HANGAR NINE AND ITS SUCCESS AND WHY WE NEED 10. LIKE HOW QUICKLY DID THAT LEASED SPACE CORPORATE CORPORATE HANGAR NINE. IT WAS FULL ABOUT 45 DAYS AFTER WE GOT A CERTIFICATE OF OCCUPANCY. UM YEAH, GENERATES THE HIGHEST REVENUE GENERATOR WE HAVE. YOU KNOW, THE RENTS ARE PART OF IT, BUT PROBABLY EVEN LARGER THAN THAT, OR THE NET INCOME ON THE FIELD SALES FROM THE FROM THE AIRCRAFT THAT ARE THERE. SO YOU KNOW WHEN YOU LOOK AT REVENUE PER ACRE. IT'S SUBSTANTIAL. SO WE HAVE RENT FUEL CELLS. HAVE LAUREN. VALUE THE BASE PROPERTY TAX SCHOOL TAX, COUNTY TAX COLLEGE TAX SUBSIDIZING RESIDENTS IN THE CITY MCKINNEY THEIR TAX BURDEN. ABSOLUTELY. MR HOLLOWAY. THANK YOU, KEN. HMM. OKAY SO WE TALKED ABOUT THE PROJECTS. NOW WE HAVE TO FINANCE THOSE PROJECTS. SO WE DECIDED TO ISSUE CERTIFICATES OF OBLIGATION FOR THIS FOR THESE PROJECTS. THE ITEM THAT YOU SEE BEFORE YOU TONIGHT WOULD PUT FORTH THE PARAMETERS FOR US TO HAVE A SALE OF THOSE NOTES IN AS CURRENTLY SCHEDULED TO HAPPEN ON NOVEMBER.

THE 14TH. SO WE LOOKED AT SEVERAL DIFFERENT OPTIONS OF HOW TO FUND THIS PROJECT. THE ONE THAT MADE THE MOST SENSE IN THE END WAS THIS TYPE OF FINANCING INSTRUMENTS. WE CAN TALK ABOUT THOSE IF YOU WANT TO BE THREE WAS CONSIDERED UM OTHER TYPES OF GOVERNMENT BORROWING HAVE BEEN CONSIDERED EVEN EVEN REVENUE. UM STRAIGHT REVENUE BONDS WERE CONSIDERED. AH IT WOULD REQUIRE THOSE AT THE AIRPORT TO BE RATED SEPARATELY. THAT RATING PROBABLY WOULD NOT HAVE BEEN WHAT WE HAVE HERE, WHICH IS A TRIPLE A RATING FOR THE CITY, BUT IN THE END AT THE END OF THE DAY, THIS IS IT'S A CERTIFICATE OF OBLIGATION BORROWED THAT WILL BE TREATED BY STAFF AS A REVENUE BOND, WHICH MEANS THAT WE WILL BE PAYING THESE NOTES OFF WITH THE REVENUES FROM THE AIRPORT. WHILE WHILE WE HAVE DIFFERENT TYPES OF PLEDGES, UH, THAT IS THE INTENT OF HOW THESE THESE NOTES WILL BE PAID AND WHAT CEOS HAVE BEEN ISSUED IN THE PAST FOR THE AIRPORT. CEOS FROM THE PAST BELIEVE WE'VE ISSUED SOME FOR THE FOR THE NEW FBO TERMINAL CERTIFICATES OF OBLIGATION WERE ISSUED IN 2013 WHEN WE BOUGHT THE ASSETS OF THE AIRPORT. SO THIS IS THIS IS A FAIRLY TRADITIONAL WAY THAT WE SPEND WAY THAT WE FINANCE INFRASTRUCTURE IMPROVEMENTS AT THE AIRPORT TO DEVELOP IT TO BE THE ASSET THAT IT IS AND THE BENEFIT IT IS TO THE COMMUNITY OVER THE LAST NUMBER OF YEARS THAT WE'VE OWNED IT CORRECT AND IT'S NOT JUST THE AIRPORT. WE USED CERTIFICATE OBLIGATIONS IN OTHER INSTANCES AROUND THE CITY AS WELL. BUT WITH THE TRIPLE A BOND RATING. AH THIS IS THIS IS THE PROBABLY THE MOST COST EFFECTIVE WAY TO FINANCE THIS PROJECT IS THEIR REVENUE CURRENTLY TODAY ENOUGH TO COVER THE DEBT. YES THERE WOULD BE AND BY THE WAY, AT TIMES, IT WASN'T WHEN WE FIRST BOUGHT THE AIRPORT AND OF COURSE, THE DECISION WOULD NECESSARILY BE MADE BASED ON THAT, BECAUSE AGAIN, WE'RE DOING THINGS FOR DEVELOPMENT OF INFRASTRUCTURE IMPROVEMENTS FOR FUTURE. THAT HAVE FUTURE REVENUE SOURCES FUTURE BUT THIS HAPPENS TO BE AT A PLACE IN TIME, THOUGH, WHEN WE DO HAVE THE REVENUES TO PAY. YES AND WITH THE ANTICIPATED, UH, YOU KNOW, GROWTH IN REVENUE FROM BOTH FUEL SALES AND RENTAL OF THE HANGAR WOULD BE ABLE TO COVER THIS NOTE . WE BASICALLY HAD A VERY, VERY STRONG PROOF OF CONCEPT WITH WHAT WE HAVE DONE SINCE THE FBI WAS BOUGHT IN 2013. I WOULD CONCEDE THAT THERE IS A FAIR STATEMENT. THANK YOU SO MUCH. YOU HAVE A QUESTION. THIS IS MORE FOR KEN. IF THAT'S OKAY, CAN DO. WE CURRENTLY HAVE PROSPECTS FOR THIS ANTICIPATED HANGER. AND IF WE DO, HOW LONG OR OUR LEASES TYPICALLY AND ALSO IF WE DO APPROXIMATELY HOW FULL WOULD THE HANGAR B WITH THE PROSPECTS THAT WE'VE GOT FOR THIS HANGAR? WELL, MOST OF THOSE, YOU KNOW WE HAVE. WE HAVE CALLS FOR HANGAR SPACE. PERIODICALLY, UM PEOPLE DON'T HAVE ANYBODY COMMITTING TO A HANGAR THAT'S NOT BUILT. YET THERE IS A RELATIVELY MOBILE ASSETS AND YOU KNOW, FOLKS THAT OWN THEM TEND TO KEEP THEIR OPTIONS OPEN. UM SO I CAN'T SAY THAT I'VE GOT YOU KNOW. UM

[00:15:03]

SUBSTANTIALLY FROM COVID, AND IT'S JUST REALLY AS STRONG AS IT WAS IN 2019. SO I DON'T SEE THAT BEING AN ISSUE. WHAT WAS THE OTHER POWER LONG OR LEASES, TYPICALLY FOR HANGERS, 12 MONTHS, 12 MONTHS. THANK YOU. THANK YOU, KEN. ALL RIGHT. I AM TOLD THAT WE'RE GOING TO HAVE A

[Discuss Update to Yard Waste/Composting Program]

[00:20:03]

SO THAT'S KIND OF WHERE LAST SLIDE IS THAT WHAT THE STAFF RECOMMENDATIONS ARE IS ENTERING INTO A CONTRACT WITH LIVING EARTH THAT RESULTS IN SOME LOWER COSTS OF OPERATION THAT WILL FOR THE CITY? NO CHANGE IN SERVICE OR AGAIN THAT SLIGHTLY EXPANDED SERVICE TO OUR RESIDENTS WITH THE TO DROP OFF LOCATIONS AND AGAIN TWO YEARS FROM NOW, IN 2026, WE THINK WE WERE PROBABLY IN A BETTER POSITION THAN WE WOULD BE IF WE STAYED STRICTLY WITH THE PLANT APPEAR IN NORTH TEXAS PROGRAM, SO THERE'S TWO ITEMS ON YOUR AGENDA TONIGHT FOR CONSIDERATION FROM THE COUNCIL IN AGREEMENT WITH LIVING EARTH. AND ALSO AN UPDATED MEMORANDUM OF UNDERSTANDING WITH NORTH TEXAS AND THOSE OTHER MEMBER COMMUNITIES WITH THAT I'LL STAND FOR ANY QUESTIONS QUESTIONS.

QUESTION I HAVE IS, UH THE PICKUP IS THE SAME. THE SAME WASTE MANAGEMENT COMING PICKING UP? THAT'S CORRECT RIGHT NOW, WAIT. SORRY WE WERE SWITCHING OUR COMPANIES HERE PRETTY, YOU KNOW, WITHIN THE NEXT YEAR OR SO, AND WE DID THAT ON THE BUILDING, YOU KNOW, AND RP PROCESS. DOES THE NEW LIKE THE NEW WASTE MANAGEMENT COMPANY. KNOW OF THAT THIS MAY BE HAPPENING IN EXACT COST. DOES THAT OPEN THEM UP TO READJUST THEIR COSTS OR THEIR FIXED AND IT DOES NOT. THERE IS A 20 MILE RADIUS. WE'VE ALREADY HAD THAT CONVERSATION WITH FRONTIER.

WE'VE ALREADY HAD THAT CONVERSATION WITH OUR CURRENT PROVIDER WASTE CONNECTIONS, BECAUSE BASICALLY, THE TRUCKS ARE GOING TO GO. IF THEY GO TO SALON, THEY'RE GOING TO GO NORTH INSTEAD OF GOING SOUTH. BUT SPECIFICALLY THE QUESTION THERE'S A 20 MILE RADIUS IN OUR CONTRACT WITH FRONTIER. THIS LOCATION MEETS AT 20 MILE RADIUS. YOU'RE WELCOME. YOU'VE NEGOTIATED BOTH OF THESE. NOT ONLY THESE TWO, BUT ALSO WITH TRASH PICK UP. VERY SUCCESSFULLY. AND ADDED SUBSTANTIAL SAVINGS TO THE CITIZENS OF MCKINNEY. AND I JUST WANT TO SAY THANK YOU. WELL I CERTAINLY CERTAINLY APPRECIATE THAT. I DID NOT DEFINITELY DO ALL THAT. OUR ATTORNEYS BEHIND ME. RYAN GILLINGHAM CERTAINLY A TEAM EFFORT, BUT I DEFINITELY APPRECIATE THAT WILL PASS IT ON TO THE TEAM. BUT THANK YOU FOR YOUR COMMENTS. THANK YOU VERY

[Update on Bike/Hiking Trails at Erwin Park]

[00:25:04]

THERE ARE CERTAIN CITY STATUTE, CITY RULES AND REGULATIONS THAT DO NOT APPLY TO THEM FIRST AND FOREMOST, OBVIOUSLY TRUE PRESERVATION. AND SO AS WE TALK ABOUT TREE PRESERVATION, TREE REMOVAL, IT'S IMPORTANT TO NOTE THAT THIS DEVELOPMENT IS NOT SUBJECT TO TREE PRESERVATION REQUIREMENTS OF THE CITY OF MCKINNEY. SO OUTSIDE DIFFERENT RULES APPLY. SO ON 1028 STAFF WAS NOTIFIED. THIS IS SATURDAY AFTER CONSTRUCTION STARTED ON THE FRIDAY STAFF WAS NOTIFIED THAT CERTAIN CITY TRAILS WERE IMPACTED REMOVED BY THIS CONSTRUCTION PROJECT IN THAT TREES WERE ALSO IMPACTED BY THIS CONSTRUCTION PROJECTS. SO THE FOLLOWING MONDAY ON OCTOBER 30TH CITY STAFF VISITED THE SITE STARTED DOCUMENTING WHAT WAS GOING ON ON SITE. AT THE TIME.

THERE WASN'T A LOT OF CLEAR DELINEATION, AND YOU'LL SEE THIS LATER IN THE PRESENTATION. IT'S VERY DIFFICULT ON SITE TO SEE WHERE PROPERTY LINES ARE. IT'S EASY FOR ME TO SHOW YOU ON A PRESENTATION WITH A LINE OVER SOME TREES. BUT WHEN YOU'RE OUT ON SITE, THOSE LINES AREN'T VISIBLE SHORT OF SURVEY MARKINGS . YOU'RE GUESSING WHAT IS MY PROPERTY VERSUS YOUR PROPERTY.

SO WHEN WE VISITED THE SITE ON OCTOBER 30TH, IT WAS VERY DIFFICULT TO ASCERTAIN. WHERE THE TREES WERE REMOVED BY RIGHT ON THE DEVELOPERS PROPERTY AND WHERE THEY MIGHT HAVE BEEN IMPACTED ON THE CITY'S PROPERTY, SO IT'S IMPORTANT TO KNOW THAT WHEN WE WENT OUT THERE ON MONDAY, THAT WAS THE CONDITION WE WERE OPERATING UNDER. SO WE WENT OUT ON SITE AND YOU'LL SEE MORE EVIDENCE OF WHAT I'M DESCRIBING NOW IN THE PHOTOS THAT WILL COME LATER IN THIS PRESENTATION, BUT WE WENT OUT ON SITE AND NOTICE LITTLE UTILITY FLAGS PUT IN THE GROUND, SO WE APPROACHED, THE CONTRACTOR SAID. WHAT ARE THESE FLAGS MEAN? AND WE WERE TOLD THAT THEY INDICATE A PROPERTY LINE BUFFER OF ABOUT 5 FT. SO THESE UTILITY FLAGS AND YOU'LL SEE THEM IN LATER SLIDE OR SET 5 FT INTO PROPERTY, BASICALLY SHOWING A LIMIT OF WORK. BASICALLY DON'T CROSS THIS LINE. OTHERWISE YOU'RE GETTING ON SOMEBODY ELSE'S PROPERTY WITH ABOUT 5 FT BUFFER. SO UM, AGAIN, ONE OTHER THING WE NOTICED WHEN WE WENT OUT THERE ON MONDAY WAS THAT THERE WAS A DRAINAGE SWELL THAT WAS PARTIALLY OBSTRUCTED BY SOME OF THE EARTH MOVING ACTIVITIES, SO WE KNEW ALL OF THIS ON MONDAY. GO FORWARD TUESDAY, OCTOBER 31ST WE NOTICED THAT ORANGE CONSTRUCTION FENCING WAS INSTALLED. OKAY NOW, PROPERTY LINES ARE BECOMING CLEAR. NOW WE CAN GET A LITTLE BIT MORE INFORMATION WHOSE PROPERTY IS WHO'S AT THIS POINT? WE COORDINATED WITH THE CONTRACTOR. THEY INDICATED TO US THAT THESE ORANGE CONSTRUCTION FENCES WERE PLACED 1 FT. INSIDE THE PROPERTY LINE. SOON THEREAFTER, WE SAW LITTLE STAKES SHOWING THE ACTUAL PROPERTIES LINES WE NOW KNOW. DEFINITIVELY BASED ON THE DEVELOPERS SURVEY. WHAT IS OUR PROPERTY AND WHAT IS THEIR PROPERTY AND IT BECAME CLEAR AT THIS POINT. YES THERE WAS SOME DAMAGE TO CITY MCKINNEY PARKS PROPERTY. SO WHAT WE'VE BEEN DOING SINCE NOVEMBER, 1ST FORWARD IS DOING MORE DATA COLLECTION. MORE SITE VISITS. WE'VE BEEN REGULARLY GOING OUT TO THE SITE AGAIN. I'LL TALK ABOUT THE PROPERTY LINE MARKERS. I'LL TALK ABOUT THAT CONSTRUCTION FENCES ONE THING THAT WE LEARNED LATER IN THIS WEEK WAS THAT THE ORIGINAL UTILITY MARKERS THAT UTILITY FLAGS THAT YOU SEE WHEN UTILITY COMPANIES ARE DOING LINE LOCATES. THOSE WE WERE TOLD WERE 5 FT. OFF THE PROPERTY LINE. TURNS OUT THEY'RE VERY NG ANYWHERE FROM 2 TO 5. FT. WILL SHOW MORE PHOTOS. ALSO WE HAVE COMMUNICATED TO THE CONTRACTOR THAT THAT'S SWELL THAT DRAINAGE SWELL SHOULD BE RE RECONFIGURED IN SOME WAY TO CONVEY THE THIS STORM WATER AGAIN. WE'VE GOT RAIN COMING ON THURSDAY. WE'VE DEFINITELY COMMUNICATED TO THE CONTRACTOR. THE IMPORTANCE OF THIS. YES, MAYOR PRO TEM THAT. E. T J. WE HAVE CONTROL OVER THE PLAYER IN THE HORIZONTAL WOULDN'T SWELL BE CONSIDERED A PORTION OF THE PLANT AND WE HAVE JURISDICTION OVER THAT. GREAT QUESTION. I FAILED TO ADDRESS THAT. THANK YOU, SIR. YES IN THE E. T. J WE DO HAVE PLANNING AUTHORITY. WITH THAT PLANNING AUTHORITY COMES HORIZONTAL INFRASTRUCTURE TO YOUR POINT THAT INCLUDES DRAINAGE THAT INCLUDES ROADWAY WATER WASTEWATER. ALL THOSE UTILITIES. YES WE HAVE THE ABILITY TO REVIEW THEIR DRAINAGE AND MANDATE THAT THAT DRAINAGE BE APPROVED AND INSTALLED IN ACCORDANCE WITH OUR CITY. WIDE REGULATIONS. SO GREAT POINT. THANK YOU, SIR. UM AND AGAIN, WE'VE IDENTIFIED THAT THERE ARE

[00:30:04]

LUCKILY THIS AREA WAS TAKEN AT A TIME WHERE SOME OF THE TREES WERE DORMANT FOR THE WINTER, AND YOU'RE ABLE TO SEE SOME OF THOSE TRAILS CARVED THROUGH. SO LET'S SEE WHAT THIS LOOKS LIKE. ON PROPERTY. YOU'VE SEEN WHAT IT LOOKS LIKE FROM THE AIR AERIAL IMAGERY. THIS IS WHAT IT LOOKS LIKE ON THE GROUND SO YOU CAN SEE THESE IMAGES WERE TAKEN BEFORE THE ORANGE ORANGE CONSTRUCTION FENCING WAS INSTALLED. YOU CAN SEE THOSE UTILITY FLAGS THAT I'M TALKING ABOUT WHERE YOU GOT A LINE LOCATED OUT IN YOUR FRONT YARD WITH THE SPRAY PAINT. YOU CAN SEE THOSE FLAGS MARKED WITH THESE ARROWS SAYING LIMITS OF DISTURBANCE FLAG AGAIN. WHEN WE STARTED THIS INVESTIGATION, WE WERE TOLD BY THE CONTRACTOR 5 FT . WE HAVE NOW COME TO LEARN IS VARYING FROM 2 TO 5 FT. INSIDE THEIR PROPERTY LINE, OKAY? AGAIN ANOTHER IMAGE YOU CAN SEE HERE THE SWELL THIS IS ON THE DEVELOPERS PROPERTY LOOKING EAST BEFORE A LOT OF THE GRADING WORK HAD OCCURRED. YOU CAN SEE THIS. WELL, YOU CAN SEE PONDING WATER IN IT, BUT VERY MUCH INTACT,

[00:35:03]

YOU CAN SEE THAT SWELL COMING FROM THE IRWIN PARK PROPERTY IS STILL THERE. BUT IT KIND OF STOPS ABOUT 200 FT INTO THE PROPERTY. SO ONE OF THE THINGS THAT WE'VE HEARD FROM A NUMBER OF FOLKS IS WHAT'S GOING TO HAPPEN TO THE DRAINAGE, BIG STORM EVENT COMES THROUGH. IT'S GOING TO BE COLLECTED ON OUR OWN PARK IS GOING TO FLOW THROUGH THIS PROPERTY IS GOING TO BACK UP WHAT'S GOING TO HAPPEN TO US OR ENGINEERS IN CONSTRUCTION INSPECTORS HAVE GONE OUT TO THE SITE. THEY HAVE LOOKED AT IT. WE DON'T THINK THAT THERE ARE SIGNIFICANT CONCERNS REGARDING OVERTOPPING OR SIGNIFICANT RAIN EVENT. WHAT WE THINK WILL HAPPEN IS THE WATER WILL BANK UP AGAINST THAT BLOCKED SWELL. IT'LL OVERTOP THE BANKS OF THIS AND CONTINUE TO FLOW DOWNSTREAM PRIMARILY ON THE DEVELOPERS PROPERTY AGAIN. WE'RE GOING TO CONTINUE TO MONITOR THE PARTS PROPERTY AND IF STORMWATER ACTIVITIES DO IMPACT OUR PROPERTY WILL DEFINITELY COORDINATE WITH THE CONTRACTOR. BUT KEEP IN MIND. WE'VE ALREADY NOTIFIED THE CONTRACTOR THAT THIS SWAIL OR SOME ALTERNATE CONVEYANCE OF WATER. NEEDS TO HAPPEN. WE'VE GOT RAIN COMING ON THURSDAY. WE'VE TRIED TO COMMUNICATE TO THE CONTRACTOR. THE IMPORTANCE OF RE ESTABLISHING SOME POSITIVE FLOW THROUGH THEIR PROPERTY UNTIL LARGER KIND OF REDESIGNS CAN OCCUR. SO WE HAVE ALSO HEARD CONCERNS ABOUT A TRAIL THAT HAS BEEN CUT OFF CITY TRAIL THAT HAS BEEN REMOVED BY THE DEVELOPMENT TURNS OUT PART OF THE CITY'S IRWIN BARK. IRWIN PARK TRAIL ACTUALLY WENT ONTO PRIVATE PROPERTY, AND SO THE DEVELOPER WAS WELL WITHIN THEIR RIGHTS TO REMOVE IT. YOU CAN SEE THERE'S SOME BRUSH GOING UNDERNEATH THIS BLUE ARROW THAT IS NEW BRUSH THAT WAS LAID DOWN TO DIVERT FOLKS TO THE NEW TRAIL, AND MR MULLINS WILL SPEAK MORE ABOUT THAT NEUTRAL HILL BRIEFLY. I DON'T WANT TO STEAL HIS THUNDER. BUT YOU CAN SEE THAT THE OLD TRAIL WENT THROUGH THIS TREE LINE ONTO THE DEVELOPERS PROPERTY AND AGAIN, RIGHTFULLY SO IT WAS REMOVED. SO WHAT'S NEXT? WHERE ARE WE GOING FROM HERE? SO AS I HAVE COMMUNICATED TO YOU GUYS AND AS I'VE COMMUNICATED, OR WE HAVE TRIED TO COMMUNICATE TO THE GENERAL PUBLIC IS WE'RE GOING TO CONTINUE TO MONITOR THE DEVELOPMENT TO MAKE SURE THAT NO FURTHER ENCROACHES ENCROACHMENTS OCCUR. THERE IS A LONG SHARED PROPERTY LINE THAT WE'RE STILL INVESTIGATING TO ENSURE THAT NO ADDITIONAL ENCROACHMENTS BEYOND THE TWO THAT WE'VE IDENTIFIED OCCUR BUT AGAIN STILL MONITORING STILL VERY FLUID SITUATION AGAIN. REMEDIES FOR THE ENCROACHMENT AREA STILL DOCUMENTING AND WILL BE REACHING OUT TO THE DEVELOPER AND THE PROPERTY OWNER TO MAKE HOLD. THE CITY MAY HOLD THE PARTS DEPARTMENT FOR THE DAMAGE DONE TO THAT IRWIN PARKS, PROPERTY AND THEN OBVIOUSLY, STAFF FROM OUR DEPARTMENT WILL BE COORDINATING THE RECONSTRUCTION OF THE TRAIL. I THINK YOU'RE GOING TO HEAR SOME GOOD NEWS ON THAT FRONT HERE SHORTLY. MR MULLINS, YOU WANT TO TAKE IT FROM THERE? ONE MORE NOTE. ISN'T THE TRAIL MAINTAINED BY DALLAS. MY CLUB. YES SIR. BRIAN MULLINS. MCKINNEY PARKS, RECREATION, SO IT'S A SLIDE HERE. THE TRAIL WAS PUT IN SOMEWHERE IN THE MID NINETIES IN A PARTNERSHIP WITH THE DALLAS OFF ROAD BICYCLE ASSOCIATION CALLED DOOR BUT THEY PROVIDE A TRAIL STEWARD PRETTY MUCH OVERSEES THE TRAIL. THEY DO A MULTITUDE OF WORK OUT THERE. THEY CREATED THE TRAIL. THEY MAINTAIN IT IF I HAVE AN ENTITY CALLED ME AND ASKED TO USE THE TRAIL FOR AN EVENT CALLED DOORBELL AND ASKED THEM WHAT THEY THINK OF IT BECAUSE THEY'RE REPAIRED. TWO FIGURES DAMAGE AND I'M NOT GOING TO PUT ANYTHING ON THAT TRAIL. IT'S GOING TO DAMAGE IT TO MAKE MORE WORK FOR THEM.

SO WE'LL PUT THIS SLIDE TOGETHER THE PURPLE LINE THAT YOU SEE THERE WAS THE EXISTING TRAIL.

[00:40:01]

THANK YOU. GREAT JOB, RYAN. THANK YOU. I JUST WANTED TO SHARE A I WAS OUT THERE THIS MORNING. LOOKING MYSELF AND THE WHEN YOU GO TO THE MAP. CAN YOU PULL THE AERIAL UP? IT SHOWS SORT OF THE LARGER REGIONAL VIEW RIGHT THERE. RIGHT. THERE IS FINE. MAYBE MAYBE YOU GOT ANOTHER ONE AHEAD OF THAT. THAT'S A GOOD ONE. SO IF YOU SEE THE TRAIL THE RED WHEN I BELIEVE THAT'S THE TRAIL THAT MEANDERS USED TO. IT'S BEEN REESTABLISHED , BUT IT'S GENERALLY KIND OF MADE ITS WAY EAST AND THEN NORTH EASTERLY. THE RED IS THE CITY LIMIT LINE PROPERTY. OKAY, SO THE TRAIL IS GOING TO EVEN BE HAPPY WITH THE TRAIL PEEKING THROUGH WHAT I WHAT I NOTICED ON THIS ONE SEGMENT AND YOU'RE GOING TO SEE THIS BECAUSE THAT SUBDIVISION IS BEING BUILT. ON THE EAST AND NORTHEAST SIDE OF ERWIN PARK. IT'S A BIG SUBDIVISION. THE TRAILS ARE GOING TO SEE SOME OF THE RIDERS AND SOME OF THE HIKERS ARE GOING TO NOTICE. IT'S GOING TO BE VERY STARK WHEN THEY LOOK ALONG THE PROPERTY LINE, WHICH THEY DON'T REALLY SEE TODAY WHERE THEY DO SEE TODAY NOW, BUT HE DIDN'T SEE A WEEK AGO. BECAUSE THERE'S LOTS OF TREES THERE'S AND IT LOOKS.

IT'S ALL APPEARS TO BE A FORESTED AREA. BUT WITH THE CLEARING THAT'S GOING ON. IT IS GONNA BE STARK. IT'S GOING TO BE A CHANGE IN VIEW FOR SOME OF THE FOLKS THAT ARE USED TO SEEING PRISTINE TREES ON BOTH SIDES OVER GROWTH OR GROWTH ON BOTH SIDES OF THE TRAILS. UH YOU KNOW , IT IS WHAT IT IS. THE DEVELOPER HAS A RIGHT TO DEVELOP. UM AND WE HAVE TO EVALUATE SORT OF YOU KNOW THE QUALITY OF THE TRAIL OR IS THERE YOU KNOW, LONG TERM YOU SHIFT THEM IN A LITTLE BIT MORE SO YOU DON'T HAVE TO LOOK AT A SUBDIVISION. YOU KNOW SOME HOUSEHOLDS, THE BACK OF THE HOUSE ALONG THE TRAIL. BECAUSE OF THE INTENT, OR THE THEME IS TO FEEL LIKE YOU'RE IN NATURE. IT'S GOING TO BE DIFFERENT, AND WE JUST WANT TO MAKE SURE THE COUNCIL UNDERSTANDS BECAUSE YOU MIGHT STILL HEAR FROM FOLKS AND EVEN THOUGH THE DRILLS ARE GOING TO BE ON OUR LINE, AND THEY'RE WITHIN THEIR RIGHTS TO DEVELOP IT IS GOING TO BE A LITTLE BIT OF A DIFFERENT FEEL FOR FOLKS FOR A WHILE UNTIL WE ADJUST. I'D MAKE THE COMMENT AND WE HAVEN'T GOT TO IT, BUT I THINK WE WERE GOING TO THAT. THIS MAY BE A BIT OF A WAKE UP CALL FOR US IN

[00:45:06]

[COUNCIL LIAISON UPDATES regarding city Boards & Commissions]

[EXECUTIVE SESSION]

INTERVIEW D. THOMPSON SURVEYS MCKINNEY COLLIN COUNTY PLAT APPROVAL AGREEMENT, AMENDMENT TERMS SUCH 551071 PENNY OR COMPLETED LITIGATION CITY OF GRAND PRAIRIE VERSUS STATE OF TEXAS. 161ST JUDICIAL DISTRICT COURT OF TRAVIS COUNTY CAUSE NUMBER D ONE G N 23007738.

SECTION 55172 DELIBERATIONS ABOUT REAL PROPERTY SECTION 551074 PERSONNEL MATTERS. 55187 DELIBERATION REGARDING ECONOMIC DEVELOP MATTERS, PROJECTS 2009 TOUCHSCREEN ENTERTAINMENT DESTINATION AND POSSIBLE ACTION AFTER EXECUTIVE SESSION.

* This transcript was compiled from uncorrected Closed Captioning.