Apr 15, 2024 City Council Special Meeting

[CALL TO ORDER]

[Consider/Discuss a Chapter 380, Grant, and Development Agreement by and among City of McKinney, Texas, McKinney Economic Development Corporation, McKinney Community Development Corporation, and Notes Live, Inc.]

[00:01:13]

NOT FOR PUBLIC COMMENTS. I DO NOT ALL RIGHT. I AM IN OPPOSITION BECAUSE OF THE SITE THAT YOU WANT TO PUT THIS AMPHITHEATER. AND I THINK IT'S A REALLY POOR SITE. UM IT IS SURROUNDED BY APARTMENT HOUSES. WE HAVE A HOTEL SOUTH OF IT. WE HAVE EMERSON CORPORATION JUST NORTH OF IT. WE HAVE THIS BIG PLOT OF EMPTY LAND. THEN WE HAVE A FIRE STATION. WE HAVE ANOTHER HOTEL. WE HAVE AN ASSISTED LIVING FACILITY AND ALZHEIMER'S FACILITY ON, UM, THE EAST SIDE.

ALL ALONG. HERE WE HAVE MAGNOLIA APARTMENTS AND THEY ARE BUILDING MORE APARTMENTS AS WE SPEAK. SO THIS IS COMPLETELY SURROUNDED BY PEOPLE THAT WANT TO SLEEP OR LEAVE ORDINARY LIVES. YOU WANT TO PUT IN PARKING FOR 5100 PARKING SPOTS. NOW I HAVE LIVED HERE FOR 16 YEARS. I AND I KNOW THAT YOU'VE BEEN TRYING TO FILL THIS LAND SPACE FOR A NUMBER OF YEARS BECAUSE THERE HAVE BEEN OTHER, UM, THINGS THAT WERE SUPPOSEDLY COMING THERE AND THEN SORT OF FADED OFF AND NEVER SHOWED UP. SO I KNOW YOU'RE HAPPY TO GET RID OF THIS LAND. AND YOU THINK IT'S A GREAT LOCATION BECAUSE IT'S 121 AND HIGHWAY 75. YOU COULD JUST AS WELL PUT IT FURTHER OUT WHERE IT IS NOT IN THE MIDDLE OF ALL PEOPLE TRYING TO LIVE THEIR NORMAL LIVES WITHOUT ALL OF THIS TRAFFIC AND ALL OF THIS NOISE, YOU COULD PUT IT OUT BY MAYBE BLOOM. DALE ROAD OUT THERE WHERE THERE'S ALL THIS OPEN LAND, SO YOU AREN'T BOTHERING ANYBODY ELSE AND YOU STILL HAVE 3 80 75 THE TWO MAJOR HIGHWAYS, PEOPLE COULD GET THERE BE A GREAT LOCATION. I KNOW THAT YOU LOVE MUSIC. BUT SOUND CARRIES. AND NOT EVERYBODY LOVES AS MUCH MUSIC AS YOU DO. AND I KNOW FROM WHERE I LIVE DOWN IN MCKINNEY GREENS, WE'RE STILL QUITE A WAYS AWAY FROM HIGHWAY 75. I HEAR MUSIC. I HEAR IT, I. I HEAR HIGHWAY NOISE IN MY HOUSE. ALL EVERY 24 7 OK? THAT'S A LONG WAYS FROM 75. BUT IF YOU SOUND AN OPEN AMPHITHEATER, AND YOU'VE GOT ALL THIS MUSIC, ALL OF THESE PEOPLE ARE GOING TO BE LISTENING TO THIS EVERY SINGLE DAY. WHETHER THEY LIKE IT OR NOT, OR EVERY SINGLE WEEK ARE OFTEN IT IS LIKE IT OR NOT. THEY'RE GOING TO BE SUBJECT TO THIS, AND I THINK THAT THAT IS NOT RIGHT. HAVE TO CONSIDER OTHER PEOPLE ON HOW THEY LIVE, TOO. WHAT? AWFULLY A LOT OF TRAFFIC AND IF THERE IS AN EMERGENCY, AND YOU'VE GOT THE FIRE DEPARTMENT SITTING RIGHT THERE ALL YOU GOT 5000 CARS COMING AND GOING. I DON'T KNOW THAT DOESN'T SOUND LIKE A GOOD IDEA TO ME. SO TO ME, THIS IS JUST COMMON SENSE. MOVE IT OUT. THANK YOU. SCOTT LUSHER OR LUER. GOOD EVENING. MY NAME IS SCOTT LUCIER. I LIVE AT 28 08 BARRY HILL. HAVE THAT LOCATION FOR 22 YEARS. UM HAVE WATCHED ALL THE LOTS AROUND. THESE NEIGHBORHOODS SINCE WE MOVED IN BECAUSE THEY WERE ALL VACANT. UM THIS AREA WAS NEVER INTENDED TO BE DESIGNED FOR 20,000 SEAT AMPHITHEATER. IT WAS INTENDED TO BE A MIXED USE, AND THAT IS WHY IT WAS DEVELOPED THE WAY IT WAS DEVELOPED AROUND IT. OTHERWISE IF THERE WAS A 20,000 SEAT AMPHITHEATER GOING IN, YOU WOULDN'T HAVE RESIDENTIAL RIGHT ACROSS THE STREET, YOU WOULD HAVE SEEN LIVING ASSISTANT 800 FT AWAY. YOU WOULDN'T HAVE ALL THE RESIDENTIAL THAT'S THERE. YOU WOULDN'T HAVE THE APARTMENTS THAT THERE THIS IS A BAD LOCATION, AS SHE STATED. TRAFFIC IS AN ISSUE THE FIRE STATION AND IF THEY GET A CALL WHEN THAT PLACE IS EMPTYING OUT THE FIRE TRUCKS ARE GOING NOWHERE. PEOPLE

[00:05:02]

STUART IS NOT HAVING STEWART ROAD DOES NOT HAVE THE CAPACITY. IT'S A TWO LANE STREET. PEOPLE WILL START PARKING THERE. PEOPLE WILL START PARKING AT COLE'S PEOPLE WILL START PARKING ANYWHERE THEY CAN TO AVOID HAVING TO PAY FOR PARKING AT AN AMPHITHEATER. NOISE NOISE IS YOUR BIG ISSUE. UM, YOU HAD TO PICK AN OPEN VENUE. THE NOISE THAT'S GOING TO COME FROM THIS.

AT ALL HOURS OF THE NIGHT. THIS AMPHITHEATER IS EXEMPT FROM THE NOISE ORDINANCE. AS LONG AS IT'S SCHEDULED. AS LONG AS THEY GOT PERMITS. THEY CAN PLAY AS LONG AS THEY WANT. IF THEY EXCEED THAT, AND YOU DO DECIDE TO TAKE THE NOSE ORDINANCE TO BEAR $500. THAT'S ALL I GOT TO PAY IS $500 THAT'S COST OF DOING BUSINESS. AND EVERYBODY WHO LIVES AROUND IT. WHO IS GOING TO BE UP TILL MIDNIGHT? ONE O'CLOCK IN THE MORNING BECAUSE THEY WANT TO, AND THEY CAN'T AND THEY'RE EXEMPT. THIS IS THE WORST POSSIBLE LOCATION YOU POSSIBLY COULD HAVE PICKED FOR THIS. IT HAS GOT MORE. I DON'T GET ME WRONG. IT'S GOT SOME POSITIVES, BUT THE MAGNITUDE OF THE NEGATIVES THIS VENUE, AND THIS LOCATION FAR OUTWEIGH THOSE POSITIVES. YOU CAN PUT ANY DEVELOPMENT YOU WANT HERE. YOU'RE STILL GOING TO BE ABLE TO HAVE A BENEFIT OF A DEVELOPED LOT. I UNDERSTAND IT'S A LOT. IT'S HARD TO DEVELOP. THERE'S BEEN FOUR OR FIVE THINGS THAT HAVE TRIED TO GO IN HERE AND HAVE IT. THERE'S OTHER USES. YOU CAN DO AND STILL BENEFIT THE CITY WITHOUT KILLING A SENIOR ASSISTED LIVING C BECAUSE IT WILL GO OUT OF BUSINESS THAT IS GIVEN THE MEMORY CARE JUST ACROSS THE STREET FROM IT WILL GO OUT OF BUSINESS THAT'S GUARANTEED AND THE PROPERTY VALUES AROUND THAT AREA WILL DECLINE. IF YOU WANT A LOT OF SHORT-TERM RENTALS, THIS IS THE WAY TO DO IT. THANK ANNA FRANKLIN. GOOD AFTERNOON, ANNA FRANKLIN. I LIVE IN COVENTRY POINT, BARRY HILL. I AM OPPOSED TO THE AMPHITHEATER. I HAVE LIVED HERE FOR 26 YEARS. THE INNER INTERNET ARTICLES STATE THAT THIS AMPHITHEATER WILL PROJECT X AMOUNT OF MONEY IN NEW JOBS, AND IT EXPECTS TO GENERATE X AMOUNT IN REVENUE. I ALSO EXPECT AND PROJECT THAT THERE WILL BE INCREASED TRAFFIC THERE WILL BE INCREASED NOISE, WHICH IS A HEALTH HAZARD. THERE WILL BE INCREASED CRIME, SECURITY GUARDS AND CRIME GRADE ON THE INTERNET. SHOWS THAT CRIME MOST CRIME HAPPENS. EAST OF 75 IN MCKINNEY IN THIS VENUE WILL BRING MORE PEOPLE. UH MORE OPPORTUNITY FOR I THINK YOU KNOW, BECAUSE THERE'S A LOT OF CRIME IN THE APARTMENTS THAT ARE ON THE CORNER OF EL DORADO AND 75. IF YOU LOOK AT THE CRIME GAUGE, AND, UH THE CRIME RATE. I THINK THERE IS POTENTIAL ISSUES FOR ALCOHOL AND DRUG ISSUES BECAUSE THAT BRINGS IN A CRIME FACTOR AT CONCERTS. I HAVE BEEN TO CONCERTS 100 YEARS AGO WHEN I WAS A YOUNG GIRL. AND IF 40 YEARS AGO, WE WERE, YOU KNOW THAT WAS HAPPENING. YOU KNOW IT'S HAPPENING NOW. AMPHITHEATER WILL IMPACT SMALLER VENUES THAT HAVE MUSIC IN MCKINNEY, UH, ON THE NIGHTS THAT THEY HAVE MUSIC. PEOPLE ARE NOT GOING TO BE GOING TO THE SMALLER VENUES, AND I THOUGHT WE WERE MCKINNEY WAS INTERESTED IN SMALL BUSINESSES. ANOTHER INTERNET ARTICLE THAT THIS AMPHITHEATER WILL BE BIG AS THE AAC WITH 20,000 SEATS. MY QUESTION IS, DO WE REALLY WANT TO BE LIKE DALLAS? ALSO MCKINNEY IS CONSIDERED A SUBURB AND A SUBURB BY DEFINITION HAS LESS CRIME, LESS POPULATION DENSITY AND THAT WE ARE TO BE A CLOSE-KNIT COMMUNITY. ALSO WE ARE DEFINED BY PEACE AND QUIET, MORE GREEN SPACES AND PARKS, THE MCKINNEY ECONOMIC DEVELOPMENT INTERNET SITE STATES THAT WE ARE DEDICATED TO OFFERING QUALITY OF LIFE FOR THE CITIZENS WITH THE AMPHITHEATER TAKE AWAY BECAUSE IT WILL BE RIGHT ACROSS THE STREET FROM A LARGE APARTMENT COMMUNITY WITH MANY CHILDREN. THERE ARE THREE SENIOR STANDARDS , THREE RESIDENTIAL AREAS AND ONE LARGE HOSPITAL. MCKENNEDY USED TO BE QUAINT AND QUIET, AND OUR SLOGAN IS UNIQUE BY NATURE.

NATURE IS DEFINED AS PLANTS, ANIMALS AND LANDSCAPE ANY FEATURE AND PRODUCT OF THE EARTH, NOT HUMAN BUILDINGS. THANK YOU. BANSHEE. MY NAME IS BRIAN SINGHANIA. I LIVE AT 26 AND 25, BARRY HILL AND KENNY, TEXAS. UM SO I'M OPPOSED TO THIS DEVELOPMENT FOR MULTIPLE REASONS , ONE OF WHICH WILL LIKE BUILD HAVE SAID, IS TRAFFIC PROPERTY VALUES. IN THE SURROUNDING AREA.

SO TRAFFIC IT'S YOU KNOW, THERE WILL BE TRAFFIC COMING IN FROM 121, BUT ALSO IT IS VERY CLOSE TO THAT EL DORADO IN 75 INTERSECTION THAT NOBODY KNOWS HOW TO DRIVE THROUGH PROPERLY OR DRIVE ADDITIONAL CARS AND TRAFFIC TO THERE JUST YESTERDAY EVENING COMING BACK. 10 O'CLOCK AT NIGHT. ONE OF THE GROCERY STORE CAR ALMOST HIT ME IN THE INTERSECTION. I CAN'T IMAGINE WHAT THAT WOULD LOOK LIKE, WITH THE ADDITIONAL TRAFFIC COMING THROUGH THERE TO A POTENTIAL AMPHITHEATER. ESPECIALLY NOT WITH OVER 5000 SEATS AND 20,000 CAPACITY. ANOTHER BIG POINT. I

[00:10:01]

EVEN IF THESE PLACES LIKE OTHERS SAID, MAY GO OUT OF BUSINESS THAT'S GOING TO BE JUST PLACING THESE VERY SENSITIVE POPULATIONS FROM THEIR HOMES. MAYBE THE ONLY HOME THEY CAN REMEMBER. AND I THINK PERSONALLY, IT'S THE DUTY OF CITY GOVERNMENT TO ADVOCATE AND DEFEND THOSE VULNERABLE POPULATIONS. AND I HOPE YOU WILL CHOOSE TO DO THAT. THANK YOU. THE LAST TWO. I HAVE, UM, DO NOT WISH TO SPEAK, BUT THEY WANT TO, UH, REGISTER THEIR OPPOSITION. UM CAROL J, PERRY. SAID THAT NOTES LIVE SUNSET AMPHITHEATER, COMMUN INVOLVEMENT. I'M VERY CONCERNED ABOUT THE TRAFFIC, NOISE SAFETY AND HOW WILL THIS AFFECT PROPERTY VALUES? ALSO KAREN HORNSTEIN. WOULD LIKE TO REGISTER HER OPPOSITION AGAINST THE SAME ITEM. 20. DASH 1432. ALL I HAVE IN CARDS FOR PUBLIC COMMENT. MOVE TO SPECIAL AGENDA ITEM 241432 CONSIDER DISCUSS THE CHAPTER 380 GRANT AND DEVELOPMENT AGREEMENT BY IN AMONG CITY, MCKINNEY. TEXAS WE ECONOMIC GARDEN CORPORATION AND COMMUNITY DEVELOPMENT CORPORATION AND NOTES LIVE INC. WELL, GOOD AFTERNOON, EVERYBODY.

MICHAEL KOWSKI. I'M THE PRESIDENT AND CEO OF THE MCKINNEY ECONOMIC DEVELOPMENT CORPORATION, OTHERWISE KNOWN AS THE MEC. THIS WOULD BE A TWO PART PRESENTATION. I WILL GO AHEAD AND KIND OF REVEAL SOME OF THE FACTS OF HOW WE GOT HERE. UH, SPEAK TO THE DEAL. TERMS OF THE DEVELOPMENT AGREEMENT IN YOUR HAND RIGHT NOW FOR CONSIDERATION AND JOINING ME IS MR BOB MUDD. UH BOB IS THE COO AND PRESIDENT OF NOTES LIVE, HE WILL SPEAK MORE SPECIFICALLY ABOUT THE NOISE STUDY TRAFFIC. PLANNING THOSE DETAILS. I WILL SAY TO MYSELF, MR HAUSER AND MR GRANT ARE AVAILABLE ANY TIME TO ANSWER ANY QUESTIONS AS WELL AS YOU WALK THROUGH IT. SO HERE IS THE RENDERING THAT WE'VE ALL SEEN. WE'VE ALL ENJOYED SEEING THIS IN THE DIFFERENT PERIODICALS AND WEBSITES AND GO THROUGH THE DETAILS HERE. THE DETAILS OF THE SPACE OVERALL. SO WHY IS THE MUSIC THEATER LOOKING TO COME TO NORTH TEXAS AND LOOK TO EXPAND ACROSS THE COUNTRY? THESE METRICS HERE AND THE LINKS ARE BELOW KIND OF SHOW. THERE'S AN UPTICK IN THE LIVE ENTERTAINMENT INDUSTRY ACROSS THE NATION TOOK A MASTER THE BILLIONS OF DOLLARS THAT ARE BEING SPENT ACROSS THE MARKET AND THE GROWTH POTENTIAL OVER TIME. WHAT IS THE PRODUCT IS A 20,000 SEAT AMPHITHEATER. OVER 300 SUITES THAT ARE FOR SALE. AND THEN THERE IS COVERED SEATING AS WELL AS COVERED PARKING AND WE'LL UNPACK THAT A LITTLE BIT LATER ON. THE SCALE IS AT $220 MILLION INVESTMENT IN THE CITY OF MCKINNEY. THAT'S AN IMPORTANT NUMBER TO MAKE SURE WE UNDERSTAND THE NUMBER OF JOBS CREATED ON THE SITE AND THEN 45 SHOWS PLUS OR MINUS AND ABOUT 700,000 PEOPLE A YEAR COMING TO THAT PIECE OF PROPERTY TO ENJOY LIVE MUSIC, WITH A GOOD MAJORITY COMING FROM OUTSIDE, WHICH AGAIN WILL PLAY INTO WHAT I'LL SPEAK ABOUT IN A MOMENT OR TWO. UH THIS IS NOT CITY OWNED. THIS WILL NOT BE A CITY OWNED FACILITY, WHICH IS RATHER DIFFERENT FROM OTHER FACILITIES ACROSS THE COUNTRY. THIS WOULD BE A PRIVATELY RUN PRIVATELY OPERATED FACILITY. THIS WOULD BE PART OF A NATIONAL CIRCUIT OF SUCH FACILITIES BEING BUILT BY NOTES LIVE. THE DIFFERENT CITIES ARE LISTED BELOW HERE FOR YOUR REFERENCE, AND OF COURSE, THEY WILL HAVE A PREMIER OPERATOR THAT WE ALL KNOW A LIVE NAEG ARE SIMILAR RUNNING THE FACILITY.

THE IMPACT. UH, THESE ARE THE NUMBERS THAT ARE CONSTANTLY SHIFTING IN DIFFERENT DIRECTIONS 750 MILLION DOLLARS IN VISITOR SPENDING AND ABOUT 55,000 HOTEL NIGHTS ACROSS COWEN COUNTY, WHICH IS AGAIN SOMETHING THAT BUILDS OUR HOT TAX, WHICH IS OUR HOTEL TAX THAT WE COLLECT. SO WHAT DOES ALL THAT MEAN? IT MEANS THIS THIS PROJECT IS A SCALE OF ECONOMIC DEVELOPMENT THAT WE DO NOT HAVE IN MCKINNEY.

RIGHT NOW. THE BYRON NELSON IS A FOUR DAY EVENT PLUS OR MINUS A COUPLE OF DAYS ON EACH SIDE.

IT'S ABOUT $35 MILLION ECONOMIC IMPACT ABOUT $80 MILLION TOTAL OUTPUT. THAT'S WITH ALL THE PURSE AND EVERYTHING ELSE ASSOCIATED WITH IT. THE NCAA DIVISION TWO FOOTBALL CHAMPIONSHIP, $5 MILLION, AND THEN FINALLY, THE AIRPORT IS OVER. $200 MILLION OF ANNUAL

[00:15:02]

BECAUSE THE SALES TAX THE CITY IS PROPOSING TO PROVIDE NOTES LIKE WITH A REIMBURSEMENT OF 75% OF SALES TAX OF ONLY THE 1. FOR THE 1ST 11 YEARS, THEN GOING TO 40% REIMBURSED TO NOTES LIVE FOR THE NEXT FOUR YEARS. HOWEVER MC MC DC WILL KEEP 100% OF OUR SHARE TO PUT BACK OUT INTO THE COMMUNITY TO DO THE WORK WE DO FOR COMMUNITY DEVELOPMENT AND ECONOMIC DEVELOPMENT. ED VALOR IS THE SAME EXACT MATH. I JUST, UH EXPLAINED TO YOU. ONE KEY POINT HERE IS THAT THE ADVI ORUM IS REALLY THE REAL PROPERTY IMPROVEMENTS IN THE BUSINESS, PERSONAL PROPERTY IMPROVEMENTS,

[00:20:03]

THEY WILL GET 100% OF ALL THESE SALES. I'M SORRY PROPERTY TAX FROM THIS PROJECT. ONE OTHER THING THAT WE ADVOCATED FOR THAT ASSIST NOTES LIVE WITH THEY WANT TO ADD A $1 TICKET FEE TO EACH TICKET. SO THE MCKINNEY UM WE SAID IT WAS FINE, BUT MCKINNEY GETS KEEP GETS TO KEEP 10 CENTS OF EVERY TICKET SOLD THAT COMES BACK TO US, WHICH WILL EQUAL AGAIN AT 70 TO 80,000 HOURS A YEAR THAT WE CAN USE TO OFFSET ANY EXTRA EXPENSES WE INCUR. AS PART OF THIS PROJECT. THIS FEE IS IN ADDITION TO SALES TAX AND THEN PROVIDED THEY BUILD WHAT THEY SAY THEY WOULD BUILD TO THE QUALITY TO THE EXTENT AND EVERYTHING CHECKS OUT. WE WILL CONVEY THE LAND TO THEM. 46 6 ACRES OF LAND WOULD BE CONVEYED TO THEM AND THEY WOULD OWN THAT LAND GOING FORWARD. BRING IT BACK ON THE TAX ROLL. UH, LONG TERM. SO THOSE ARE THE HIGH POINTS OF THE DEAL TERMS. I'M HAPPY TO SPEAK ABOUT ANYONE SPECIFICALLY SO, MIKE, I LAND. THEY'LL ACTUALLY PURCHASE THE LAND. INITIALLY THEY HAVE THE ABILITY TO EARN IT BACK, WELL SAID SO THEY WILL PROVIDE YES, MONEY UPFRONT AND LETTERS OF CREDIT THAT WE LANDED ON. UH AND WE WILL HOLD THAT, UH, UNTIL THEY ACTUALLY CONSTRUCT THE PROJECT. YOU TOUCH ON. I JUST WANT TO RE EMPHASIZE MOST OF THESE FACILITIES WE LOOK AT ALMOST ANYONE I COULD THINK OF. GENERALLY 100% FUNDED BY THE CITY AND OWNED BY THE CITY. OPERATED BY THE CITY AT LEAST BEAR THE OPERATING EXPENSE.

WHERE THEY BRING IN AN OPERATOR. THAT'S A COMMON STORY. YES, SIR. OK, WELL WITH THAT. I LOVE TO BRING UP MISTER BOB MUDD, AND HE CAN GO THROUGH HIS PRESENTATION, WHICH MAY INSPIRE SOME MORE DIALOGUE. TO ASK IF ALL OF US MYSELF INCLUDED. LET'S LET LET'S LET BOB GO THROUGH THE ENTIRE PRESENTATION, SO THERE'S GOOD CONTINUITY FOR THOSE COMING BACK TO VIEW IT AFTER AND HOLD ALL QUESTIONS UNTIL AFTER HIS PRESENTATION. ALL RIGHT, IS THAT THINK I HAVE A QUESTION FOR NO, I KNOW YOU, BUT I THINK HE'S HEARD IT SO HE'LL ADDRESS IT, BUT BUT LET'S HOLD IT THAT WAY.

WE CAN HAVE AAA NICE, CONCISE PRESENTATION THAT PEOPLE CAN REFER TO ONLINE. THANK YOU FOR THE INVITATION, MICHAEL. THANK YOU. THANK YOU. COUNCIL FOR CONSIDERING OUR PROJECT. UM WE'RE QUITE EXCITED ABOUT THIS. THIS WILL BE THE LARGEST PROJECT THAT WE HAVE UNDERTAKEN TO DATE.

UH, WE'VE LONG LOOKED AT THE DALLAS FORT WORTH MARKET AS BEING A KIND OF THE PINNACLE OF WHERE WE'RE GOING AND ARE EXCITED ABOUT THE OPPORTUNITY TO COME TO MCKINNEY AND, UH, I HAVE HAVE BEEN ADJUDICATING A LOT OF THE QUESTIONS THAT HAVE BEEN ASKED, UM AND I'LL DO MY BEST TO ANSWER THOSE, BUT WE'LL STAY HERE UNTIL ALL THE QUESTIONS ARE ANSWERED. AND ONCE MY PRESENTATION IS COMPLETE. UM, I'M GONNA GIVE A QUICK OVERVIEW OF THE PROJECT TEAM. YOU WILL SEE THAT WE'VE GOT A VERY EXPERIENCED PROJECT TEAM AS IT RELATES TO THE CONSTRUCTION OF THESE FACILITIES, THE MANAGEMENT OF TRAFFIC, THE DEVELOPMENT AND ARCHITECTURE AND HOW THAT IS APPROACHED. AND OBVIOUSLY, MOST OF MOST OFTEN OF INTEREST IS THE SOUND AND THE NATURE IN WHICH WE APPROACH THAT, SO YOU'LL SEE THE TEAM THAT IS ADDRESSING ALL OF THAT AND GIVE AN OVERVIEW OF THE AMPHITHEATER. THEN I'M GONNA GO THROUGH THE PROCESS OF SITE VALIDATION. UM, ANYTIME WE CONSIDER A NEW LOCATION, WE DO AN EXTENSIVE AMOUNT OF INVESTIGATION AND DESIGN WORK TO EVEN DETERMINE WHETHER IT IS A SUITABLE SITE AND I WILL SHARE SOME OF THE RESULTS THAT WE'VE GOTTEN FROM FROM THAT INITIAL DUE DILIGENCE PROCESS. UM, THE NOTES LIVE TEAM. OUR CEO IS JW ROTH. I AM THE PRESIDENT AND CHIEF OPERATING OFFICER AND WADE BEAVERS IS THE PRESIDENT OF NOTES LIVE. HE ACTUALLY RUNS OUR OUR REAL ESTATE DIVISION. UM OUR CONSULTANT TEAM IS JEFF CROCKER, WHO LEADS BC STUDIOS. THEY'VE DESIGNED OUR OTHER FACILITIES, AND THEY'VE DESIGNED A PERFORMANCE FACILITIES ALL OVER THE UNITED STATES. JOSH MARTIN HAS GOT A LOT OF EXPERIENCE HERE IN THE DALLAS FORT WORTH AREA AND MCKINNEY, TOO. HE IS GOING TO LEAD OUR CONSTRUCTION. MATT MAHAN IS THE ACOUSTICIAN THAT HAS DURING THE INDEPENDENT MEASUREMENTS OF THE SOUND IMPACT AND THE ENVIRONMENTAL NOISE IMPACT. UH, KIM LE HORN HAS DONE OUR S AND OUR TRAFFIC MANAGEMENT PLANS TO DATE AND THEY WILL BE THE LIKELY TO BE THE CIVIL ENGINEER FOR THE PROJECT GOING FORWARD, INCLUDING THE PUBLIC INFRASTRUCTURE IMPROVEMENTS AND THE TRAFFIC, TRAFFIC AND PARKING. UM, THE SUNSET AT MCKINNEY, UH, LOCATED AT ONE OF THE HIGHEST CAPACITY INTERSECTIONS IN THE METROPLEX, UM, WHICH IS VERY FAVORABLE AS IT RELATES TO THE INGRESS AND EGRESS OF TRAFFIC. UM, WE'LL TALK A LITTLE BIT ABOUT HOW THAT HAPPENS AND WHY WE THINK THIS IS A SUITABLE LOCATION. UM IT'S DESIGNED BY INDUSTRY RENOWNED ARCHITECTS, THE STAGE GROUP THAT WE HAVE ACTUALLY DID RED ROCKS. UM THEY'VE DONE THE CRYPTO CENTER. THEY'VE DONE THE PERFORMING ARTS CENTER IN THAILAND AND AUSTRALIA, SO THEY'RE EXCEPTIONAL AT WHAT THEY DO, AND THAT APPROACH PLAYS A LOT IN TO THE NATURE OF THE ACOUSTICS AND HOW THAT SOUND PERPETUATES OUTSIDE OF THE AMPHITHEATER. THIS WILL BE A ROUTED, UH, LIST ARTISTS FOR 50 TO 60 SHOWS PER YEAR. UH WE HAVE A, UH, AN ABSOLUTE COMMITMENT OF 45. AND WE BELIEVE THERE'S AN OPPORTUNITY FOR 10 TO 15 ADDITIONAL SHOWS THAT WOULD BE CONSIDERED NON ROUTED SHOWS, BUT

[00:25:04]

WE'RE GOING TO TALK A FAIR AMOUNT ABOUT THE POSITIONING OF THE FACILITY WHEN WE GET TO THE ACOUSTICS BECAUSE WE HAVE SPENT A LOT OF TIME AND AN INVESTIGATION TO DETERMINE IT, BUT IT IS SITS FACING DUE NORTH ON THE EAST SIDE OF THE 75 AS IT GOES AS IT GOES NORTH. IT IS A COVERED FACILITY, WHICH IS IMPORTANT. WE'LL TALK ABOUT THE IMPACTS OF ACOUSTICS ON THAT AND ALSO, THE NATURE OF THE RAKE OF THE BOWL. ON THE BACK OF THIS BOWL IS 80 FT. TALL UH, THAT WE WILL BUILD UP AND YOU KNOW, YOU WILL HEAR. TALK ABOUT THE IMPACT OF BURNS AND DIFFERENT TYPES OF, UM, MITIGATION TECHNIQUES. AND ONE THING I AM GOING TO SHARE IS THE FACT THAT A CORE DESIGN PRINCIPLE IN OUR TOP THREE DESIGN PRINCIPLE IS HOW WE DESIGN THIS FACILITY TO DECREASE THE IMPACT ON THE LOCAL COMMUNITY AS IT RELATES TO ACOUSTIC. IT IS A DESIGN PRINCIPLE FROM THE VERY BEGINNING. IT WILL BE STADIUM STYLE SEATING AND INCLUDING LAWN SEATING. THERE'S 326 COVERED AND CATERED SUITES WITH ELEVATED VIEWS OF THE STAGE. UM EACH OF THESE SUITES HAS SMALL FIRE PIT SUITES, AND THE FIRES ARE OUT DURING THE SHOW, BUT IT JUST GIVES A LITTLE BIT OF AMBIENCE PRIOR TO THE SHOW. UH, IT'S GONNA BE A WORLD CLASS AMPHITHEATER. UM YOU WILL SOMETIMES HEAR THESE CALLED SHEDS, AND IF YOU'VE TRAVELED AROUND THE COUNTRY THAT'S KIND OF WHAT THEY LOOK LIKE. THAT IS NOT WHAT WE ARE BUILDING. WE HAVE TAKEN THE ASPECTS OF WHAT YOU MIGHT HAVE EXPERIENCED THROUGH SOME OF YOUR EVENTS IN THE ELEVATED HOSPITALITY THAT COMES IN SOME OF THE NEWER LOCATIONS AND WE'VE INCORPORATED MUCH OF THAT INTO WHAT WE'RE DOING HERE. BUT THE NATURE IN WHICH WE HAVE DESIGNED THIS ALSO PROVIDES PRICE POINTS FROM THE POINT OF FRONT ROW SEATS TO CORPORATE OWNED SUITES ALL THE WAY UP TO THE GREEN, WHICH PROVIDE AN ENTRY PRICE POINT. BUT EVEN WITH THE GREEN, WE'RE NOT DOING NATURAL GRASS OR THINGS THAT ARE HARD TO MAINTAIN . WE'RE ACTUALLY USING A VERY SOPHISTICATED PROJECT THAT HAS HYDRO WITH IT, AND IT IS AN AMMO THAT LOWERS THE TEMPERATURE OF THAT, UH, SURFACE BY 30 DEGREES. SO IF YOU DECIDE TO COME OUT AND SEE A CONCERT AFTER A HOT DAY, WHICH THERE CAN BE A FEW IN THE DALLAS FORT WORTH AREA, UM THAT GREEN WILL BE NICE AND COOL, UH, FOR THE EXPERIENCE IN THE SHOW. IN THE BACK. WE HAVE WHAT WE CALL ULTRA LARGE SUITES, WHICH IS A ACTUALLY THE PERSPECTIVE THAT YOU'RE LOOKING AT THE THEATER NOW IS AT THE VERY TOP AND THE BACK AND THAT IS CAPABLE OF HOLDING UP TO 700 PEOPLE. THAT IS A, UM, A HIGH END HOSPITALITY EXPERIENCE WITH GREAT FOOD, UH, WITH A HOSPITALITY AREA CAPABLE OF HOLDING 700 WHERE THE PARTICIPANTS CAN. THE ATTENDEES CAN THEN WALK DOWN AND SIT IN THE SEATING OVERLOOKING THE AMPHITHEATER. UM THE SEATING BOWL WILL BE COVERED. UM THIS PROVIDING PROTECTION DURING INCLEMENT WEATHER, BUT ALSO PROVIDING PROTECTION FROM THE HEAT AND PROVIDING THE INFRASTRUCTURE THAT IT TAKES TO MOVE AIR SO THE LARGE FANS WILL BE INCLUDED ON THE UNDERSIDE OF OUR, UM UH, STEEL BASED AWNING. YOU KNOW, THE ARCHITECTURAL UH UH, UM, INSPIRATION FOR ALL OF OUR AMPHITHEATER IS AN OLD BASEBALL FIELD. THINK OF FENWAY PARK OR COORS FIELD WHERE THERE'S A LOT OF RED BRICK, A LOT OF STEEL. WE'RE REALLY GOING AFTER A TIMELESS APPEARANCE IN THE AMPHITHEATER. WILL HOST THE PREMIER GRAMMY AWARD-WINNING NATIONAL TOURING ARTIST APRIL TO OCTOBER. IF YOU'D LIKE TO GET A FLAVOR OF THE TYPES OF ARTISTS THAT ARE COMING, YOU CAN TAKE A LOOK AT OUR SUNSET AMPHITHEATER, WHICH IS ALREADY PROGRAMMED FOR THIS YEAR IN COLORADO SPRINGS. WE'VE GOT A GREAT SLATE OF ARTISTS. UM PLAYING THE BALANCE OF THIS YEAR. THIS IS AN EXAMPLE OF THE FIRE PIT SUITES. UM OUR FIRE PIT SUITES RANGE FROM FOUR UP TO 10. IN THEIR CAPACITY. THERE ARE OVER 300 OF THESE AVAILABLE. YOU CAN SEE THERE OF THE OF THE AKIN OF HAVING SOMEBODY OVER TO YOUR BACKYARD FOR A BARBECUE. UH, EXCEPT THAT MAYBE JOHN MAYER, OR YOU KNOW SOME OTHER SOME OTHER BAND IS ON THE STAGE. RIGHT RIGHT IN FRONT OF YOU. SO THE GOALS WE WANTED TO PROVIDE NORTH TEXAS, UH, WE THINK THERE'S A GREAT OPPORTUNITY HERE, A LUXURY MUSIC DESTINATION FOR A LIST ARTISTS. WE WANT TO DEVELOP A PROJECT IN A WAY THAT POSITIONS SUNSET AS A GOOD NEIGHBOR. UM WE HAVE HAD THESE DISCUSSIONS THROUGH EACH

[00:30:04]

THERE ARE TWO SIGNIFICANT REASONS WHY WE BELIEVE THIS IS THE BEST NUMBER ONE IS SOUND WHEN WE LOOK AT, UH, THE POSITIONING OF THIS IF YOU TAKE THAT AND ORIENT IT TO THE TO THE WHERE SUCH THAT THE STAGE OR ON THE NORTH AND IT WAS POINTING TOWARDS THE SOUTH, IT MIGHT INTUITIVELY SAY, WELL, THERE'S LESS PEOPLE DOWN THERE. UM, BUT YOU HAVE TO LOOK AT SOUND IN THE WAY THAT IT PERPETUATES AND SOUND HAS RANGES FROM LOW FREQUENCY ALL THE WAY TO HIGH FREQUENCY HIGH FREQUENCY IS FAIRLY MANAGEABLE TO CONTROL ITS VERY DIRECTIONAL, AND YOU CAN

[00:35:02]

[00:40:06]

WE HAVE ALREADY PROVIDED A PHASE ONE TRAFFIC AND STUDY. WE WILL DO A PHASE TWO UPON APPROVAL FROM CITY COUNCIL THAT WILL ACTUALLY GO ALL THE WAY THROUGH DOING A GAME DAY PLAN, UH, FOR

[00:45:02]

BUT THAT IS NOT THE CASE HERE. THAT IS NOT THE CASE HERE. WE HAVE SIGNIFICANT CONSEQUENCES OF VIOLATING ANY OF THOSE YES. AND LAST THING THEN I'LL OPEN UP TO QUESTIONS. UH, YOU STATED THAT I WANNA JUST AGAIN. FIRMLY STATED RESTATED. THAT JUST AS THE TRAFFIC WAS ANALYZED AND LOOKED AT AS A 25,000 SEAT VENUE INITIALLY AND ALL THE ALL THE NOISE. UM RATINGS FOR LANGUAGE UNDERSTANDING. IS PRIOR TO THE CONSIDERATION OF PUTTING A ROOF ON WHICH IS A SIGNIFICANT, UM NOISE ABATEMENT ITSELF. UH AND NOT IN NOT TAKING IN CONSIDERATION. ANY OF THE OUTSIDE PATHS THAT GET DEVELOPED, INCLUDING THE PARKING STRUCTURE. UM THE NORTH BETWEEN IT AND THE MEMORY CARE FACILITY, FOR EXAMPLE. AND IF I COULD ADD TO THAT, UM LSTN DID THE INITIAL STUDY AND YOU KNOW MORE OFTEN THAN NOT, THESE STUDIES ARE DONE IN THEORETICAL MODELS. UM AND THOSE THEORETICAL MODEL MODELS ARE TYPICALLY VERY ACCURATE. BUT GIVEN THE SIZE OF THIS FACILITY AND UNDERSTANDING OF US WANTING TO MAKE DESIGN ELEMENTS AS SIGNIFICANT AS POSSIBLE, WE ACTUALLY PUT A ON-SITE STUDY TOGETHER. THIS HAS BEEN A ACTUALLY MEASURED WITH VERY SOPHISTICATED EQUIPMENT THAT I CAN'T DESCRIBE, BUT IT IS FROM WHERE THE STAGE WOULD BE LOCATED TO EACH OF THE LOCATIONS TO VALIDATE THE THEORETICAL STUDY, SO THAT SITE VISIT WAS DONE OVER THE LAST TWO WEEKS AND WE ARE YOU KNOW WHAT'S BEING PROJECTED. HERE IS A FUNCTION OF PERPETUATING THE SOUND AND MEASURING IT, UM, GIVEN UH, THE MODELS THAT WE HAVE QUESTIONS ABOUT WHY WOULDN'T THE NOISE STUDY INCLUDE THE ROOT? DONE IN THE LAST TWO WEEKS. UH, WE DID NOT HAVE A FINAL DESIGN ON THE ROOF TO BE FRANK. THERE ARE SOME PERMUTATIONS TO THE ROOF, AND I DIDN'T WANT TO OVERSTATE THE SOUND STUDY. AND SO WE STARTED WITH WHAT WAS CALLED A TINSEL STYLE ROOFING, WHICH DOESN'T HAVE AS MUCH, UM ACOUSTIC IMPACT WE ARE NOW MOVING TO BECAUSE OF, UH SOME SOME SOME CHANGES IN THE WAY THAT WE CAN CONSTRUCT THIS FACILITY TO A MORE SOLID SURFACE

[00:50:03]

FROM THE FROM THE STAGE. WE MADE THE MEASUREMENTS AT 100 DBA, WHICH IS A GENERALLY ACCEPTED STANDARD FOR A FULL PRODUCTION CONCERT. THAT'S WHERE IT WOULD GET LOUD. AND WE SAID TO OURSELVES IF WE WERE TO GO WITHOUT MITIGATION, WHAT WOULD THAT BE? AND THAT'S AS THE MEASUREMENT AND THEN THE MITIGATION BRINGS IN THE ASSUMPTIONS OF THE BUILDINGS AS DESIGNED AND WE CONTINUE TO ADJUST THE BUILDINGS AND MOVE THE BUILDINGS AND CREATE WHAT WE BELIEVE TO BE THE MOST OPTIMAL SOLUTION AS IT RELATES TO THE ARCHITECTURE OF THE FACILITY, SO THE NUMBER THAT WE BELIEVE WOULD BE THE HIGHEST EXPERIENCE AT 100 DB AT THE MAGNOLIA WOULD BE 70 DB. DVA IS AN AVERAGE SO IT TAKES A WAITING OF THE LOWS TO HIGHS AND CREATES A NUMBER THAT IS CONSISTENT WITH THE HUMAN EXPERIENCE WITH SOUND. SO IF YOU WERE AT A CONCERT THAT HAD, UH ARTIST THAT WAS PLAYING MORE BASS. WOULD THAT CHANGE THE OVERALL RATING, OR WOULD WE JUST MOVE ALONG THE OCTAVE SCALE? TO FURTHER TO THE LEFT. IT'S A GREAT QUESTION, AND IT'S ONE OF THE REASONS WE COMMITTED HERE TO NOT JUST, UM STANDARD DB OF LIKE, WE'RE NOT GOING TO GO ABOVE 100 AT OUR FRONT OF HOUSE WE INCORPORATED UH LTN AND L 90. THAT'S REALLY IMPORTANT BECAUSE L 10 SAYS THAT YOU'RE NOT GONNA BE ABOVE 100 AND FIVE DB A FOR 10% OF ANY 30 MINUTE PERIOD AND A L 90 AS YOU'RE GOING NOT GOING TO BE ABOUT 98 DB A FOR 90% SO IT TAKES THAT VARIABILITY OF SOUND BECAUSE IT'S NOT LIKE A ROAD WITH A ROAD YOU HAVE A MORE CONSISTENT SOUND. AND IT IS IT IS EXPERIENCED THAT WAY WITH MUSIC. YOU OBVIOUSLY HAVE MORE PEAKS AND VALLEYS AND WHAT THIS DOES IS, IT GIVES MORE OF A CONTROL AROUND EXACTLY WHAT YOU'RE TALKING ABOUT WHAT YOU'RE THE HIGHER AND LOWS OF DIFFERENT TYPES OF PERFORMING ARTISTS. MY QUESTION REGARDING THE CHART IS WE CAN USE THE MAGNOLIA AS THE EXAMPLE IF THE AVERAGE IS 100, AND THAT'S WHAT YOU'RE MONITORING DEVICE IS PICKING UP, UM, AT THE FRONT OF THE HOUSE. UM BUT WHEN IT HITS THOSE LOW NOTES, AND IN THAT, 125, WE'RE WE'RE ASSUMING 100 AT FRONT OF HOUSE EQUALS A 70 DECIBEL IMPACT TO THE MAGNOLIA. BUT IF IT'S HITTING A LOT OF 125 S IN THAT AREA, IT'S HITTING AT 79 BECAUSE THAT IN THE NOISE STUDY IT TALKS ABOUT HOW THOSE DEEPER SOUNDS ARE HARDER AND YOU MENTIONED IT, HOW THEY ARE HARDER TO CONTROL AND SO EVEN IF THAT NUMBER WENT DOWN TO 100. IF IT IS THE DEEPER SOUNDS, IT COMES WITH A HIGHER UM, RESIDENTIAL IMPACT IS THAT CORRECT? IT COULD HIGHER OR LOWER IT COULD GO EITHER WAY, AND TYPICALLY, YOU'RE NOT GONNA SEE ANY VARIABILITY B ON 2.5 TO 3D V AS WHAT HAS BEEN STATED TO ME IN THE PAST, AND I'M NOT. I AM A I AM A DEVELOPER THAT UNDERSTANDS STOW. I AM NOT A PROFESSIONAL ACOUSTICIAN. BUT THAT QUESTION HAVING BEEN POSED BEFORE CAN GIVE YOU A SENSE OF THE VARIABILITY OF THAT OF 2.5 TO 3 AND FROM THE STANDPOINT OF DIRECTIONAL AND ABILITY TO MITIGATE THAT MAY HAVE MORE OF A EFFECT. THAT IS TO THE EAST AND WEST AND NOT SO MUCH JUST TO THE NORTH THAT WOULD BE MITIGATED AGAINST THROUGH PHYSICAL BARRIERS OR OTHER THINGS SO IF YOU'LL GO BACK TO THE MAP. YOU KNOW, IN ADDITION TO I, I WAS KIND OF LOOKING AT THE 33 3300 FT TO, UM COVENTRY DRIVE. WHEN YOU DRAW A DIAMETER AROUND THAT

[00:55:09]

[01:00:08]

WE'VE GOT THAT AT THE RESIDENTIAL AREA, SO THAT WOULD BE A PLACE WHERE THAT IS AN EXAMPLE. YEAH. UM I THINK MY QUESTIONS ARE BETTER AIMED AT YOUR DESIGN TEAM RATHER THAN YOU , BUT I WOULD LIKE TO KNOW. UM IF I HEARD YOU CORRECTLY THAT YOU'RE GOING TO BUILD THE STAGE AT GROUND LEVEL AND THEN BUILD UP TO APPROXIMATELY FOUR STORIES WITH THE BARN BEHIND THAT. AND I JUST WANT TO KNOW THE CONSTRUCTION COST DIFFERENCE BECAUSE I'M NOT A DEVELOPER AND USING YOUR OWN DI AND HAVING THE STATE SUB SURFACE AND USING YOUR OWN DIRT TO BUILD IT UP TO GET THAT DIFFERENTIAL. IS THERE A LARGE DIFFERENCE IN YOUR CONSTRUCTION COST DOING IT THAT WAY? BECAUSE IT SEEMS TO ME THAT YOU'RE GONNA BE BRINGING IN A LOT OF DIRT FROM OR SOME MATERIAL FROM SOMEWHERE ELSE TO GET THAT HEIGHT AND THEN GET AN EVEN TALLER BAR. YEAH. SO WE ARE, UM UH, IS TO BE IT'S A 5.5 FT GRADE OF STAGE IS ABOUT 5.5 FT. ABOVE GRADE, UH, FROM A CUSTOMER EXPERIENCE PERSPECTIVE, YOU HAVE TO BE SOMEWHAT COGNIZANT OF LOSING THE SEATS IN THE FRONT AS YOU GO DOWN IN INTO THE BOWL. UM ASIDE FROM THAT WE WANT THE STAGE AS LOW AS WE CAN GET IT. THEY BECOME WATER TABLE ISSUES AS WELL IN THE CONSTRUCTION PROCESS THAT HAVE TO BE CONSIDERED. WE HAVE DONE GEOLOGICAL. UH SO, UH, BORINGS TO DETERMINE HOW DEEP WE CAN GET IT, AND IT WILL BE A PART OF OUR FINAL DESIGN PROCESS TO HAVE THAT STAGE AT THE LOWEST POSSIBLE GRADE, WHILE MAINTAINING SIGHT LINES AND ALSO MAKING SURE WE DON'T HAVE WATER ISSUES WHEN YOU'RE USING GRADE. ARE YOU TALKING ABOUT THE GRADE LEVEL THAT'S OUT THERE RIGHT NOW . WELL YOU KNOW, THE GRADE LEVEL THAT'S OUT THERE RIGHT NOW IS A IS A PART OF THE EQUATION. BUT AT THE END OF THE DAY MOVING DIRT IS NOT TERRIBLY EXPENSIVE, PARTICULARLY WHEN YOU'RE TALKING ABOUT, UH, CREATING THE TYPE OF BERM THAT WE'RE GONNA CREATE IN THE BACK TO SUPPORT THE INFRASTRUCTURE THAT GOES UP THE BACK OF THE AMPHITHEATER. UM SO WE WILL GET THAT STAGE AS LOW AS WE CAN GET IT WHILE MAINTAINING SIGHT LINES AND CONSIDERATIONS OF WATER TABLES. AND THAT HELPS ME TREMENDOUSLY. THAT'S ALL I HAVE. THANK YOU VERY MUCH. YOU SPEAK TO THE IMPACT OF CRIME AT YOUR OTHER DEVELOPMENTS AND WHERE YOU HAVE WELL, I'LL SPEAK TO THE ONE THAT SPECIFICALLY I HAVE DATA ON THEM BECAUSE THIS QUESTION HAS BEEN ASKED A LOT AND IT IS A I WOULD CALL IT SOMEWHAT SIMILAR TO WHAT IS IN MCKINNEY. AND THAT IS FIDDLER'S GREEN. AND SO IT'S IN THE TECH CENTER IN SOUTH DENVER. THERE WAS A STUDY THAT WAS COMPLETED AFTER SOME CONCERN WAS WAS EXHIBITED WHEN THAT FACILITY WAS OPENING, AND THEY SAW NO MATERIAL. UH INCREASING CRIME IN IN THAT LOCAL MUNICIPALITY AT ALL. SAME QUESTION ABOUT IMPACT ON PROPERTY. WHAT I WOULD ENCOURAGE YOU TO DO ALSO IN TERMS OF OUR OWN PERSONAL RECORD IS LOOK AT. WE HAVE ZERO ALCOHOL VIOLATIONS AT ANY OF OUR FACILITIES. WE HAVE A GREAT RELATIONSHIP WITH LOCAL LAW ENFORCEMENT WHERE YOU CAN GO TO COLORADO SPRINGS. WE'VE BEEN OPERATING NOW FOR FOUR YEARS, AND I'M A YEAR INTO GAINESVILLE, GEORGIA, BOTH OF THOSE WOULD I WOULD ENCOURAGE YOU TO CALL THE POLICE CHIEFS, THE MAYORS AND THE CITY COUNCIL MEMBERS AND ASK THEM HOW THAT'S GOING THERE.

VALUE THE SAME QUESTION. THERE'S NOT A GREAT DEAL OF STUDY ON PROPERTY VALUES. WHAT ECONOMISTS WOULD SAY IS, WE'RE THERE ARE MORE JOBS AND THERE ARE MORE ECONOMIC ACTIVITY THAT PRICES INCREASE. UM BUT I DON'T HAVE SPECIFIC INFORMATION ON ON RESIDENTIAL AREAS. WHAT I CAN SAY IS IT RELATES TO COLORADO SPRINGS IS THERE WAS AN APARTMENT COMPLEX, A SABLE APARTMENT COMPLEX TO THE EAST. IT'S MUCH CLOSER THAN THIS. IT'S JUST DIRECTLY ACROSS THE STREET, AND THAT SAME DEVELOPER HAS NOW PURCHASED ALL OF THE LAND. IN OUTSIDE OF CENTER FIELD OF OUR OF OUR AMPHITHEATER TO DO BOTH A MIXED USE APARTMENT AND CONDO DEVELOPMENT BECAUSE HE BELIEVES THAT FROM HIS PERSPECTIVE, IT'S GOING TO BE VIEWED AS AN AMENITY. UH, MR RUDD. THIS MAY SOUND LIKE A BIT OF A MANIFESTO AT TIMES AND I REALLY DO APPRECIATE YOU BEING HERE AND BUT I WANNA SHARE SOME BASIC THOUGHTS THAT I HAVE, AND I'M OPEN TO CORRECTION FROM OTHER

[01:05:04]

IT'S A CONCRETE. IT'S A TRUE AMPHITHEATER. THERE'S VERY LITTLE NOISE MITIGATION. IT'S A CACOPHONY OF NOISE, BUT THEY DID NOISE STUDIES. BUT THEN THE NOISE STUDIES KIND OF UP TO A NEIGHBOR TO THE SOUTH. IN PLANO, UM AND YOU KNOW, THEY SAID, OH, WELL, THE WIND CHANGED, YOU KNOW, AND SO THE WIND CHANGED. WE HAVE ALL THIS NOISE NOW IT TOOK THEM ABOUT A YEAR TO BE COME TO AGREEMENT AND FROM MY UNDERSTANDING. I READ SOMETHING NOW. I DON'T THINK THERE IS ANY DIFFICULTY. UM BUT WHAT I BELIEVE HAD TO HAPPEN WAS THAT THERE WAS SOME WHETHER IT WAS THE COLONY WHERE LAVA CANTINA OR PLANO SAID, TURN DOWN THE VOLUME. RIGHT. THAT'S THE EASIEST MITIGATION THING I CAN THINK OF. WHAT ABOUT US BEING ABLE TO SAY TO YOU IF THIS IS IF THIS IS NOT LIVABLE TURN DOWN THE VOLUME. UM YOU KNOW, HA HA! SETTING EXPECTATIONS THAT CAN BE REASONABLY MEASURED THAT WE CAN AGREE ON IN WRITING IN ADVANCE OF PUTTING $220 MILLION INTO A PROJECT IS ALWAYS A DISCUSSION THAT WE WOULD BE OPEN TO HAVING. IT WOULD HAVE TO BE SOMETHING THAT'S FIXED IN ITS NATURE, WHICH IS WHY THE NATURE OF A PUTT IS SO IMPORTANT BECAUSE HAVING PRESSURES THAT MAKE THAT EBB AND FLOW BASED ON PEOPLE'S PERCEPTIONS OVER TIME, UH, CAN CAUSE SUBSTANTIAL CONCERN ABOUT BEING ABLE TO OPERATE THE BUSINESS OR OBJECTIVE IN ALL OF OUR DISCUSSION AND NEGOTIATION WITH THE CITY WAS TO PROVIDE REASONABLE STANDARDS TO HAVE THEM VALIDATED BY OUTSIDE EXPERTS IN A MANNER THAT SUCH THAT WHAT WE ARE PROPOSING MEETS , WE CAN MEET THE COMMITMENTS THAT WE ARE PROPOSING TO YOU. OK THAT'S A FAIR ANSWER, AND I APPRECIATE IT. IT JUST COMES DOWN TO FOR ME, II. I DON'T I. I WANT TO BE ABLE TO MANAGE WHAT OUR CITIZENS ARE ARE GETTING AS FAR AS AN IMPACT. AND UM, YOU KNOW, AND NOT JUST BE ABLE TO SAY OH, WELL, YOU KNOW, I'M I'M SORRY YOU'RE EXPERIENCING THIS BUT AT THE FRONT OF THE HOUSE THEY'RE DOING 100 DB A IN CAN'T LEAD THE CITIZEN I'D CARE ABOUT BUT THEY'RE DOING AT THE FRONT OF THE HOUSE. SO MY CONCERN IS THAT WE'RE ABLE TO HAVE SOME ABILITY TO MANAGE THIS MOVING FORWARD BECAUSE IT'S A BIG INVESTMENT FOR US, TOO. AND UNDERSTOOD. THANK YOU. I WOULD GET. LET ME JUST SAY A COUPLE OF THINGS TO THAT. I THINK THAT UM HAS TO BE TO BE A SCIENCE THAT

[01:10:09]

B, CD, EF AND G, BASED ON VARIABLES IN THE METRICS THAT EVALUATING I DO NOT KNOW THAT THEY COULD DO IT DIFFERENTLY THAN THAT. BUT I'D ALSO SAY ANOTHER COMMENT THAT MADE I DON'T THINK IT'S ACCURATE. RIGHT NOW, UM, MARK, IF YOU'LL CORRECT ME IF I'M WRONG, ACTUALLY AN AMPHITHEATER. THE USE IS AVAILABLE ON THAT PROPERTY RIGHT NOW. AND THAT RIGHT NOW, IN THE CITY OF MCKINNEY, AN AMPHITHEATER IS, UM, IS NOT SUBJECT TO OUR NOISE ORDINANCE AT ALL. NO. SO THEY'RE EXEMPTED. SO CURRENTLY JUST FOR THE RECORD , UH, DEVELOPER COULD COME IN RIGHT NOW AND PURCHASE THAT PROPERTY AND BUILD AN AMPHITHEATER AND HAVE SOUNDED 5000 DB. DB AND WE HAVE NO RECOURSE BECAUSE AMPHITHEATER ARE EXEMPT FROM OUR ORDINANCE.

THE FACT THAT WE ARE IN SOME FORM OF FASHION. A P THREE WITH THIS DEVELOPER IS GIVING US THE ABILITY TO CREATE A CONTRACTUAL OBLIGATION WHERE THEY HAVE TO MEET AND MITIGATE THE SOUND AT A LEVEL THAT WE EITHER GOING TO DEEM ACCEPTABLE OR NOT ACCEPTABLE BASED ON WHAT THE FACILITY DOES WHAT IT PRODUCES. AND EVERYTHING ABOUT THE FACILITY FOR ME HOLISTICALLY IN THE COMMUNITY. UM AND THEIR CONTRACTUALLY OBLIGATED TO IT. WITH SEVERE SEVERE PENALTIES, NOT JUST A FINE AS WAS STATED. FOR WHICH WOULD NORMALLY BE THE NORM. UM BUT JUST FOR THE RECORD. ACTUALLY IS AVAILABLE TO BE BUILT NOW, AND IF THEY WERE DOING IT JUST PRIVATELY, THEY WOULD BE EXEMPT FROM ANY ORDINANCE AND NO MITIGATION WOULD BE REQUIRED. JUST ON THAT POINT THAT PD WAS CRAFTED WITH US AS THE OWNERS AND WAS SET WITH AN EXPECTATION THAT WE WOULD MAKE REASONABLE PROTECTIONS TO CITIZENS IF THAT DEVELOPMENT CAME ABOUT NO ORIGINALLY, ACTUALLY NOT. ORIGINALLY THE PROPERTY WAS PURCHASED BY THE E DC. I WAS INVOLVED IN THAT IT WAS BEFORE YOU WERE ON COUNCIL AND THE IDEA WAS FOR US TO ZONE IT. WE ZONED IT FOR THAT AND TO BE ABLE TO HAVE THAT USE. AND THE IDEA ORIGINALLY WAS THAT LAND WOULD JUST BE SOLD WHAT WE WERE TRYING TO DO AT THE TIME. QUITE FRANKLY, WAS WE WERE WANTING TO TAKE PROPERTIES THAT WERE BEING DEVELOPED WITH BN DISTRICTS WHERE THEY WERE COMING AND BUILDING APARTMENTS. PROLIFERATING OUR HIGHWAY 121 CORRIDOR WITH APARTMENTS AND TO CLOSE THAT LOOPHOLE. WE HAD A COUPLE OF CHOICES WE COULD GO IN AND JUST SET OURSELVES UP FOR GREAT LITIGATION AND CHANGE ZONING ON PEOPLE THAT ALREADY HAD THE PROPERTY OR WE COULD PURCHASE PROPERTIES, ZONE THEM AND PUT THEM BACK ON THE MARKET. THE FACT THAT WE HOLD IT NOW TODAY IS ACTUALLY NOT THE ORIGINAL PLAN, BUT BUT THAT SALE WOULD USUALLY COME ALONG WITH SOME SORT OF OBLIGATION ON A DUE DILIGENCE ON THE CITY'S PART. TO ENSURE THAT, HOWEVER, IT ENDED UP WHETHER IT BE THROUGH SITE PLANNING OR SOME OTHER FORM OF GOVERNANCE WOULD STILL HAVE CONTROL BY THE CITY, WHICH WE HAVE NOW. I MEAN, IT'S NOT LIKE SOME PRIVATE PARTY OWNS THIS UNDERSTAND WE OWN THIS, BUT GENERALLY IT'S NOT OUT OF OUR HANDS. NO, BUT GENERALLY LIKE H, KS COULD HAVE COME IN AND PURCHASED THAT OR ANYBODY COULD COME IN AND PURCHASE THAT PROPERTY AND COULD HAVE PURCHASED THAT PROPERTY AND CAN CURRENTLY PURCHASE OTHER PROPERTIES. NOW I WOULD ASSUME THAT THERE WOULD BE SOME. WHAT'S YOUR PLAN? WHAT'S YOUR WHAT'S YOUR INTENTIONS? THOSE TYPES OF STEPS TAKEN BECAUSE IT IS OUR PROPERTY. AT THAT POINT, IT'S NOT A ZONING THAT WAS GIVEN TO A MARKETPLACE AND SAID, DO WITH IT AS YOU WILL. IT'S NOT. IT'S NOT REGULATED IN ANY WAY NOT THE REGULATION COMES IN THE FORM OF ZONING, AND THAT WAS THE REGULATION THAT WAS PUT IN PLACE, BUT IT ALSO THE ZONING WAS ALLOWED BECAUSE WE CURRENTLY ALSO HAVE IT ZONED AS MULTIFAMILY. BUT WE'VE STATED THAT WE'RE GOING TO GET RID OF THAT WHEN WE PASS IT ON, BECAUSE WE'RE SCARED OF WHAT THAT MAY ENTAIL. FOR THE RECORD, THERE'S OTHER PROPERTY IN THE CITY CURRENTLY RIGHT NOW, WITH THE SAME ZONING THAT COULD BE PURCHASED AT CITY DOESN'T OWN THAT THEY COULD GO AND BUILD AN AMPHITHEATER AND BE EXEMPT FROM OUR ORDINANCE, SO I DON'T WANT TO GET HUNG UP ON THE FACT THAT WE OWN THIS PIECE OF PROPERTY

[01:15:01]

THE ECONOMIC DEVELOPMENT CORPORATION OWNS IT, BECAUSE GENERALLY THE PUBLIC SEE IF THEY WERE SELLING A PIECE OF PROPERTY. OR NON NEGOTIATING BEYOND THE CURRENT DEED RESTRICTION. IT'S A DIFFERENT ENTITY THAN THE CITY. IT IS A STAND ALONE. AS YOU KNOW, I UNDERSTAND THAT SO IT'S NOT THE CITY. UH, HAS A QUESTION OF MR MUDD WHILE HE'S MR MUDD. WE'RE EARLY IN THE DESIGN PROCESS FOR THIS FACILITY, PROVIDED IT MOVES FORWARD. IS THAT A FAIR STATEMENT? WE ARE EARLY IN THE DESIGN AND WE ARE REQUIRED TO GET A SITE PLAN APPROVED BY THE CITY COUNCIL BEFORE WE PROCEED AND THERE'S LOTS OF HURDLES. YOU HAVE TO MEET TO GET THIS THING UP AND RUNNING. CORRECT. YES, THAT'S CORRECT. SO THERE'S LOTS OF DESIGN FEATURES THAT WE CAN BUILD INTO THE TO MITIGATE THE EFFECTS ON THE NEIGHBORING PROPERTIES. IS THERE NOT THAT I WOULD SAY THAT THAT IS A PREDOMINANT DESIGN ELEMENT THAT HAS ALREADY TAKEN INTO CONSIDERATION AND WE WILL CONTINUE TO BE SO AS ANY ADJUSTMENTS ARE MADE. YES SIR.

AND ALL I WANT FROM YOU TODAY IS TO TELL THESE FOLKS WHO ARE HERE CONCERNED ABOUT THEIR PEACE OF MIND THAT YOU'RE COMMITTED DURING EVERYTHING DESIGNED POSSIBLE TO MITIGATE ANY EFFECTS ON THE CITIZENS OF MCKINNEY. THAT IT WOULD BE IT WOULD BE FOOLISHNESS OF US TO PUT A FACILITY OF THIS NATURE THAT IS REALLY A COMMUNITY ASSET. IN GROSS OPPOSITION. TO LOCAL RESIDENTS. WE WILL ABSOLUTELY COLLABORATE AND THERE IS HISTORY TO SUPPORT THAT I WILL AGAIN ENCOURAGE YOU. WE DID MEET. THERE WERE PEOPLE WITH SIGNIFICANT CONCERNS AS WE PUT OUR FACILITY IN GAINESVILLE, GEORGIA, INCLUDING NEIGHBORS THAT WERE RIGHT ACROSS THE STREET, AND WE HAVE A FANTASTIC RELATIONSHIP WITH BOTH PRIVATE AND PUBLIC ENTITIES THAT HAD CONCERNS WE WILL CONTINUE TO BE GREAT PARTNERS WITH LOCAL COMMUNITIES. A FACILITY OF THIS NATURE IN OPPOSITION TO THE LOCAL COMMUNITY IS NOT A GOOD WAY TO START. WE WILL NOT DO THAT. I APPRECIATE YOU COMING ALL THE WAY OUT TO VISIT WITH US. THANK YOU. FOR I WILL ALSO REITERATE I HAVE HAD A FANTASTIC OPERATING RELATIONSHIP. YOU HAVE A YOU HAVE A GREAT STAFF HERE.

THEY HAVE BEEN TOUGH. WE HAVE WORKED FOR MANY MONTHS TO DEFINE SPECIFIC COMMITMENTS THAT WE'RE MAKING RELATED TO THE CONCERNS BEING EXPRESSED HERE TODAY, AND WE WILL CONTINUE TO LIVE BY THOSE COMMITMENTS AND ONE FINAL NOTE. UH, I KNOW THAT YOU LOOK AT THINGS AND MARKET AREAS. BUT MCKINNEY SURVIVED FOR ABOUT 100 AND 60 OF ITS 176 YEARS WITHOUT BEING CONSIDERED A SUBURB OF DALLAS. WE'RE STILL MCKINNEY. OK THAT'S FANTASTIC. MR MAY I HAVE A QUESTION FOR YOU, SIR? UM WE WERE YOU MENTIONED EARLIER. IF I UNDERSTAND IT RIGHT AND CORRECT ME IF I'M WRONG, THE ABILITY TO DO THE SOUND STUDY NOW THEY CAN IF THEY DO 100 AT THE FRONT OF THE STAGE FRONT OF THE HOUSE, THEN THEY CAN KNOW EXACTLY WHAT THEY'RE PRODUCING AT ABC, D AND E. IF THAT IS THE CASE, WHY CAN'T WE THEN? CODIFY WHAT IS AVAILABLE TO BE PRODUCED AT ABC, D AND E. IF WE'RE THAT SURE OF IT, AS OPPOSED TO THE FRONT OF THE HOUSE, THAT'S WHAT I'M REALLY TRYING TO GET AWAY FROM IS OR ARE WE ARE WE PUT IN. DEVICES AND PEOPLE DURING EVERY SHOW AT EVERY YOU KNOW, AT SOME POINT, I DON'T KNOW WHAT THAT WHAT THAT LOOKS LIKE TO OWNERS OF PROPERTY, BUT WE PUTTING IT AT AT, YOU KNOW, SOMEONE JUST TO MADE THE COMMENT OF 5000 PROPERTIES. ARE WE PUTTING THAT AT 5000 PROPERTIES ALONG THE LET US STICK WITH ABC, D AND E. LET'S SAY FIVE, YOU KNOW, BUT BUT THE POINT IS, THOUGH, IF WE ONLY ARE ALLOWED TO MEASURE AND ENFORCE FROM THE FRONT OF THE HOUSE, CHANCES ARE APPROACHING ZERO THAT WE'RE EVER GOING TO HAVE A VIOLATION. DESPITE WHAT THE WHAT OUR CITIZENS IMPACT THIS AND YOU DON'T WHEN IT COMES TO TRAFFIC, AND WHEN IT COMES TO PARKING. THERE ARE THINGS THAT THE CITY CAN WORK WORK ON FOR THAT, BUT IT SEEMS LIKE WE'RE LEAVING OURSELVES VERY EXPOSED IF WE DON'T HAVE SOMETHING BASED ON WHAT THE CITIZENS ARE

[01:20:01]

AND IS THAT THE WAY THAT MEAN AT SOME POINT WE HAVE TO RELY ON SCIENCE AND HISTORICAL DATA. I MEAN, WE ACTUALLY DO THAT IN EVERYTHING THAT WE DO. WE TAKE TRAFFIC STUDIES ON TRAFFIC. WE IDENTIFY WHAT THERE IS TODAY. WE IDENTIFY, UM WITH WITH SCIENCE AND HISTORICAL DATA. WHAT THAT INCREASE IS GONNA BE BECAUSE WE ACTUALLY DON'T KNOW PEOPLE MIGHT DECIDE THAT UBER AND LYFT AND TAXIS TOMORROW ARE THE WORST THINGS IN THE WORLD AND EVERYONE WANTS TO DRIVE THEIR OWN CAR AND HUSBAND AND WIVES WANT TO DRIVE ALONE. AND WE HAVE 50,000 CARS. WE THERE IS THERE IS STANDARDS AND PROCEDURES STANDARD WAYS TO IDENTIFY ON THE SOUND. IT HAS TAKEN IT INTO ACCOUNT. EVERY ASPECT OF THAT FACILITY, THE TOPOGRAPHY AGAIN. THE UM, USING A TIME DELAYED. UM I DON'T KNOW IF THERE'S TWO OR THREE BRACKETS THAT YOU HAVE IN THERE. IS IT T TO WHERE? THOSE WHO DO NOT KNOW WHAT THAT MEANS IS, YOU HAVE CAN USE LOWER VOLUME SOUND COMING OFF THE STAGE BECAUSE YOU ARE ONLY THAT SPEAKER SYSTEM IS ONLY HITTING THIS PARTICULAR PORTION. THEN YOU HAVE A TIME DELAYED SYSTEM ACTUALLY WORKS IN REVERSE IN THE TIME OF DAY, BUT TO HIT THE SECOND BECAUSE IT CAN ALL BE BROADCAST AT A LOWER DB LEVEL TO CREATE THE SAME EXPERIENCE FOR THAT BACK. UM YOU KNOW, UH UH, CUSTOMER AS IT DOES THE FRONT AND THOSE LINE ARRAYS ARE VERY DIRECTIONAL ON HOW THEY PROJECT SOUND. IT IS A MUCH DIFFERENT UH, SCIENCE TODAY THAN IT WAS THEN. BUT AGAIN, I GO BACK TO SAYING THERE'S I DON'T KNOW HOW MUCH YOU'RE PAYING FOR YOUR UH, FOR THE SOUND STUDY AND HOW MUCH THE ENGINEERS ARE PENANCE PROJECT, BUT THIS IS SOMEBODY WITH THESE COMPANIES ARE HIGHLY TECHNICAL, UM AND 3D MODEL EVERYTHING ABOUT THIS FACILITY. TO CREATE THE SOUND MAPS AND THE HEAT MAPS THAT WE'RE SEEING IN DB PRODUCED AT EVERY LOCATION AND BE SO TWO THINGS BEYOND THAT. AND JUSTIN IF I COULD ADDRESS ONE OF THE CONCERNS THAT YOU EXPRESSED ABOUT NOT HAVING THE ROOF? UH THE REASON I DIDN'T PUT THE ROOF IN IS BECAUSE I'M I. I COULDN'T DEFEND ITS SURFACES. WHAT I CAN TELL YOU IS IT'S GOING TO BRING DOWN THE DB A THAT WE HAVE PROJECTED HERE.

THE REASON I DIDN'T INCLUDE IT BECAUSE WE DID ESTIMATE IT INITIALLY IS BECAUSE I CAN'T DEFEND IT BECAUSE I DIDN'T KNOW THE SURFACE OF THE ROOF. SO I'M BEING VERY CONSERVATIVE FROM WE

[01:25:02]

THERE'S NO THERE'S NO DICTATION OF THAT. SO AGAIN WHEN I'M LOOKING AT MAGNOLIA, AND YOU COME IN WITH A HEAVY BASE ARTIST THAT IS PLAYING AT 100 AND FOUR AND THAT DECIBEL LEVEL AT MAGNOLIA IS 79. THAT'S DIFFERENT THAN IF YOU BRING IN SOMEBODY WHO PLAYS AT THE OCTAVE ONE K 94 TO 64. YOU'VE GOT A 10 DECIBEL DROP IN FRONT OF HOUSE BETWEEN 100 AND FOUR AND 94 BETWEEN THOSE DECIBEL LEVELS, BUT YOU ONLY HAVE A UM 25 DECIBEL DROP AT THE 125 AND A 30 DECIBEL DROP AT THE ONE K. AND WHAT CONCERNS ME IS THAT WHEN WE START HAVING THESE SHOWS THAT THEY ARE VERY BASE HEAVY AND THAT THIS OVERALL ISN'T THE READING THAT WE'RE GOING TO GET THAT WE'RE MORE ON THAT LOWER END SPECTRUM, AND THAT HAS A BIGGER IMPACT ON THE CITIZENS THAT ARE AROUND US, AND SO WE DON'T CONTROL FOR THAT IN ANY WAY. BECAUSE THE FRONT HOUSE IS ALL WE'RE DICTATING. WELL, I WOULD LIKE TO GET OUR ACOUSTICIAN INVOLVED, BECAUSE WHEN YOU TAKE AN AVERAGE OF IT, YOU ARE DRIVING UP THAT TO THAT, 100. IF YOU'RE LIFTING YOUR LOWER FREQUENCIES, YOU'RE GONNA HIT THAT 100 FASTER, SO IT IS GOING TO CAP YOU UNDER ANY CIRCUMSTANCES IN THE NATURE IN WHICH SOUND IS EXPERIENCED BY A PERSON SO II, I I'M NOT DISPUTING BECAUSE III. I CAN'T DO THE MATH LIVE HERE, BUT I DON'T BE. I BELIEVE THAT THE LIMITS THAT WE'RE PUTTING INTO PLACE WILL ACTUALLY ATTENUATE THAT CLAIMING THAT YOU'RE THINKING. IT WORKS ON A LINEAR BASIS. IT DOESN'T I'M NOT SAYING IT DOES. I'M JUST SAYING THAT THAT THERE IS A THERE IS A DIFFERENCE BETWEEN THE TWO AND WE CAN. WE CAN WE CAN WORK OFF OF AVERAGES. BUT THAT DOESN'T MEAN THAT THE SHOWS THAT COME IN WILL ALL BE THAT AVERAGE. UM BUT THE NUMBER DOESN'T JUST CHANGE BASED ON I KNOW WHAT YOU'RE THINKING. WE'VE GOT, UH HIP HOP BAND, WHATEVER THAT'S JUST HEAVY LOW AND YOU'RE THINKING THAT THAT'S JUST THE DB THAT'S BEING THAT'S BEING UM PUT OUT THERE, BUT IT IS ALSO READING DIFFERENTLY AT THE AT THE FRONT OF HOUSE. SO IF IT'S PREDOMINANT , IF YOU HAVE MORE OF NO, WHAT I'M SAYING IS, IF IT'S MORE BASE AND LESS HIGH THAN THE DECIMAL LEVEL AT THE FRONT OF HOUSE IS IMPACTED, IT'S MUCH HIGHER, SO IT HAS TO BE BROUGHT DOWN. BUT WHAT I'M SAYING IS THE KID WHAT IT CARRIES TO THE MAGNOLIA BRANCH IS SO DIFFERENT THAT IT'S NOT PROPORTIONALLY ALIGNED. IT'S NOT A PROPORTIONAL REDUCTION IN THIS 1400 FT. AND SO WHEN, WHEN THOSE LOWER OCTAVE SHOWS COME IN THAT HAVE A DIFFERENT ON-SITE DECIBEL IMPACT FOR MAGNOLIA THAN IT DOES ON AVERAGE. IT MEANS YOU'RE GONNA HIT THE 100 DB A FASTER YES. YOU'RE LEAVING OUT A REALLY CRITICAL PART OF THE EQUATION. BUT I I'M I'M I'M I'M SAYING WHEN YOU GO DOWN 100 DECIBELS BETWEEN THOSE TWO YOU GO DOWN. 15 DECIBELS BETWEEN THE DECIBELS THAT ARE EXPERIENCED ON SITE. OR IN OTHER WORDS, WHEN YOU GO FROM 94 FRONT OF HOUSE AT ONE K UP TO 104 AT 125, THAT'S A 15. THAT'S A THAT'S A 10 DECIBEL INCREASE AT FRONT OF HOUSE. IT'S A 15 DECIBEL INCREASE ON THE PROPERTY LINE. ON THE MAGNOLIA PROPERTY LINE FROM 64 TO 79. YEAH, BUT IT'S BEEN 100 DB. A IS AN AVERAGING OF ALL THOSE NUMBERS, WHICH IS HOW IT I GET IT. BUT I'M SAYING IF, IF WHAT AVERAGE IS WE'RE STILL GOVERNED BY AN L 10 AT 100 AND FIVE AND AN L 98 AT L 90 AT 98 AND LOWER

[01:30:07]

IT COULD BE 7778. GOING TO GET OUT OF THAT. CORRECT ME IF I'M WRONG AGAIN, MISSING A VERY IMPORTANT PART OF THE EQUATION THERE. BECAUSE IF A SHOW IS VERY HEAVY, 109 FREQUENCY, THEN THE ALSO THE AVERAGE BEING REGISTERED AT FRONT OF HOUSE, WHICH IS WHERE GOVERNING A AVERAGE OF THAT SOUND. THAT AVERAGE IS IMPACTED MUCH QUICKER WITH THE LOWER FREQUENCY THAN IS THE HIGHER, WHICH WILL REQUIRE THE VOLUME TO BE TURNED. IT REQUIRES, WHICH OFFSETS WHAT IS BEING PRODUCED OUT OF THE RIGHT. BUT I'M I'M SAYING THAT YOU GO. YOU GO UP 10 DECIBELS BETWEEN ONE K AND 125. 15,000 ON THE PROPERTY LINE. COULD I POINT OUT THAT NONE OF US HAVE DEGREES IN SOUND ENGINEERING, AND WE'RE ARGUING. I DON'T SOUND AT THIS POINT. I GET IT. I DON'T HAVE TO COME UP. I DON'T HAVE A DEGREE IN IN TRAFFIC, WHICH IS WHY I'M GLAD THAT WE'RE GONNA ALLOW THIS TO BE EXAMINED BY PROFESSIONALS ON TRAFFIC AND PARKING AND ALL THOSE THINGS I I'M ASKING ONE OF OUR TEAM TO COME FORWARD TO SEE WHAT HE KNOWS ABOUT THE STUDY. ACOUSTICS AND IF HE MADE IT THAT FAR BEFORE HE WENT TO URBAN DESIGN, PLANNING TO STUDY ACOUSTICS, UNFORTUNATELY, DURING MY TIME AT ARCHITECTURE SCHOOL, THEY DID NOT TEACH US A LOT ABOUT ACOUSTICS IN SAN I DON'T NEED YOU UP HERE. THANK YOU. LET ME PAINT A SCENARIO FOR YOU, MR MUDD. WE'RE TALKING ABOUT POINTS THAT WE MIGHT MEASURE SOUND. LET'S SAY IT'S JUST THESE THREE. JUST THESE THREE, OK? FOREVER.

AND LET'S SAY THAT WE SAID, IF YOU EVER EXCEED THESE NUMBERS MAYBE WITH SOME LANGUAGE IN THERE THAT I'M JUST BEYOND MY PAY GRADE THAT OUR DIRECTOR OF PUBLIC SAFETY CAN ASK YOU TO TURN DOWN FRONT OF HOUSE FROM 100 TO 95. DOES THAT NEGATIVELY IMPACT YOUR SHOW TO THE POINT THAT IT CONCERNS YOU? THE I'D HAVE TO. I HAVE TO GET THAT QUESTION ANSWERED OFF. I'M I'M OPEN TO PUTTING UP SOUND DEVICES AND MEASURING SOUND AND MAKING REASONABLE ADJUSTMENTS. UH, I WANT TO MAKE SURE THAT I DO THAT IN A MANNER THAT MAKES SENSE. UM THERE ARE SOME. THERE ARE SOME PRODUCTION VARIABLES THAT HAVE TO BE MET IN ORDER FOR LIVE NATION AND A E TO SAY THEY'RE GOING TO TOUR THIS FACILITY. OK, SO WHAT I'M HEARING YOU SAY AND CORRECT ME IF I'M WRONG THAT US BEING ABLE TO TELL YOU TO TURN IT DOWN FROM 100 TO 95, MAYBE SOMETHING THAT LIVE NATION SAYS THAT FOR US. ABSOLUTELY TRUE. THESE THESE THESE STANDARDS HAVE BEEN RUN BY BOTH OF THOSE ENTITIES AS BASELINES. THAT HELPS A LOT. THANK YOU. I WAS TRYING TO AVOID THIS EARLIER WHEN I TOLD YOU MY QUESTIONS WOULD BE BETTER AIMED AT YOUR DESIGN TEAM, BUT I DID MAKE A COUPLE OF YEARS OF ACOUSTIC STUDY AND ARCHITECTURE SCHOOL AND I'M THE LEAST WORRIED ABOUT YOU TAKING CARE OF THIS NEIGHBORHOOD AND I JUST WANT TO MAKE THAT POINT. BUT I WOULD LIKE TO TALK TO YOUR DESIGNERS AT SOME POINT DURING THE PROCESS , AND I BELIEVE THAT MR QUINN AND HIS DEVELOPMENT TEAM ARE GOING TO ENSURE THAT WE HAVE THE BEST ACOUSTIC. AND POSSIBLE IN THIS PROJECT. THANK YOU. I APPRECIATE THAT. AND OUR ARCHITECTS HAVE BEEN ON SITE.

OUR STAGE DEVELOPMENT FOLKS HAVE BEEN ON SITE AND WE HAVE VALIDATED THIS PLAN BEFORE WE DID THE ACOUSTIC STUDY TO MAKE SURE THAT WE COULD PUT THIS INFRASTRUCTURE IN THIS MANNER.

ACOUSTIC IS BASED ON ALL HYPOTHETICALS AT THIS POINT AND DESIGN. AND WE CAN'T MAKE FINAL DECISIONS ON THIS DIAS HERE TODAY. THAT'S WHY I WANTED YOUR COMMITMENT TO WORK WITH US TO PROTECT THESE PEOPLE. AND YOU GAVE THAT TO ME. THANK YOU. THANK YOU. ANY OTHER QUESTIONS.

THANK YOU SO MUCH. I DO HAVE ONE MORE THING. YOU SUMMARIZED ALL THE INCENTIVES, CAN YOU LIKE PUT A SUMMATION ON THAT. HOW MUCH IS THAT? AND WHAT THE ESTIMATE FOR THAT? YOU LIKE ME TO, UH, UPDATE THAT FOR TOMORROW'S MEETING ON A SLIDE? THAT WOULD BE GREAT. I THINK I THINK IT'S HARD FOR PEOPLE TO UNDERSTAND WHAT THE PROJECTED REBATES AND STUFF ARE SO THAT YOU DO SO AND THE LAND VALUES AND ALL THOSE THINGS. SO WITH THAT, OF COURSE, WE WILL SHOW THE PROJECTED REVENUES AND WHAT NOT ON THE IS CURRENTLY BEING MODIFIED IT FOR TOMORROW. ALL RIGHT. WE ARE NOW GOING TO

[EXECUTIVE SESSION]

GOT IT. THE SECTION 10,107 1 CONSULTATIONS WITH THE ATTORNEY ON ANY WORK SESSION, SPECIAL

[01:35:07]

YEAH, SHE'S UH, SHE'S A PERSONAL FINANCIAL STATEMENT. WHEN DOES THAT DO? APRIL 30. OH, EVERYTHING OUT. THERE WE GO. O TO ADJOURN. I OK, NOW TAKE THE MOTION. PLEASE MOTION TO ADJOURN. SECOND FAVOR. THANK YOU. THANKS. YOU.

* This transcript was compiled from uncorrected Closed Captioning.