* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] I DECLARED THE PLANO CITY COUNCILS CONVENED AN OPEN SESSION THAT ALL COUNCIL MEMBERS ARE PRESENT, WITH THE EXCEPTION OF COUNCIL MEMBER RICK ELLI. THE COUNCIL WILL NOW RECESS INTO EXECUTIVE SESSION AND TRAINING ROOM A TO HOLD A CLOSED EXECUTIVE MEETING PURSUANT TO THE PROVISIONS OF VERNON'S TEXAS CODES ANNOTATED GOVERNMENT CODE CHAPTER 5 51. THE OPEN MEETINGS ACT IN ACCORDANCE WITH THE AUTHORITY CONTAINED IN SECTION 5 51 0 71 TO CONSULT WITH THE ATTORNEY TO RECEIVE LEGAL ADVICE, DISCUSS LITIGATION SECTION 5 51 0 87 TO DISCUSS ECONOMIC DEVELOPMENT MATTERS. THANK YOU ANAD. DECLARE THAT THE PLANO CITY COUNCIL PRELIMINARY OPEN MEETING IS RECONVENED IN AN OPEN SESSION THAT ALL COUNCIL MEMBERS ARE PRESENT. OUR FIRST ITEM ON THE PRELIMINARY AGENDA IS, UH, CONSIDERATION AND ACTION RESULTING FROM THE EXECUTIVE SESSION. OUR NEXT ITEM, UH, IS ITEM NUMBER TWO, THE APPOINTMENT OF TAX INCREMENT FINANCING REINVESTMENT ZONE NUMBER FIVE, BOARD, UH, THE COUNCIL LIAISONS. I'D LIKE TO, UH, APPOINT COUNCIL MEMBER HORN AND COUNCIL MEMBER SMITH TO THIS, UH, NEW BOARD. AND I NEED A SECOND MO AND A SECOND. SECOND. THANK YOU. SO I HAVE A MOTION AND A SECOND TO APPOINT COUNCIL MEMBER SMITH. COUNCIL MEMBER HORN TO THE TAX INCREMENT FINANCING REINVESTMENT ZONE NUMBER FIVE. BOARD. ALL IN FAVOR? RAISE YOUR HAND. MOTION PASSES. THANK YOU. NEXT ITEM IS ITEM THREE, STREAM BANK STUDY UPDATE. ALL RIGHT, GOOD EVENING. MY NAME IS CALEB THORNHILL, DIRECTOR OF ENGINEERING. I HAVE WITH ME TONIGHT ALLISON SMITH, OUR CIP GROUP AND RUSSELL ERSKINE WITH OUR DEVELOPMENT TEAM, UH, TONIGHT TO TALK TO YOU TO GIVE YOU AN UPDATE ON THE STREAM BANK STUDY. ALRIGHT, SO FOR A HISTORY LESSON, WE STARTED THIS PROGRAM IN AUGUST OF 2022. WE WERE HERE FOR YOU TO DISCUSS THE PROGRAM. UH, WE AUTHORIZED TO MOVE FORWARD WITH THE STUDY. IT'S EVALUATING APPROXIMATELY 120 MILES OF STREAM BANK, UH, THROUGHOUT THE CITY OF PLANO. UH, WE DID LAST YEAR, APPROXIMATELY 30 MILES OR A QUARTER OF THAT. AND THIS YEAR WE'VE GOT APPROXIMATELY 20 MILES TO DATE THAT HAVE BEEN EVALUATED, UH, FROM AN UPDATE STANDPOINT ON WHAT THE SITES LOOK AT. SO THIS IS A, A TYPICAL PICTURE OF WHAT YOU MAY SEE PEOPLE OUT IN THE STREAM. UH, THEY LOOK AT A NUMBER OF FACTORS THAT IMPACT THE, UH, SITE AND WHAT, UH, THEY FEEL LIKE WOULD BE EROSION THAT NEEDS TO BE ADDRESSED. UH, THREATS TO STRUCTURE, THAT COULD BE, UH, UTILITIES AS WELL, WATER OR SEWER LINES, UH, OUTFALLS FOR DRAINAGE, UH, POTENTIAL FOR FAILURE, THE BANK STABILITY, TREES, UH, AND OBVIOUSLY SAFETY, UH, FOR THOSE LOCATIONS. THIS MAP HERE SHOWS YOU KIND OF THE PROGRESS WE'VE HAD TO DATE. UH, ALL 120 MILES ARE HIGHLIGHTED. THE AREA IN BLUE IS WHAT THEY COMPLETED IN YEAR ONE. THAT FIRST 30 MILES. UH, THE AREA IN THE ORANGE COLOR IS THE 20 THAT THEY HAVE ESSENTIALLY COMPLETED TO DATE. WE HAVE NOT SEEN THAT DATA YET, BUT THEY HAVE WALKED THAT THE AREA OF PURPLE IS FUTURE MILES THAT THEY WILL WALK. UH, THE LATEST WE HAVE HEARD FROM THE CONSULTANT IS THAT THEY ARE ANTICIPATING FINISHING THAT 90 REMAINING MILES THIS YEAR, WHICH IS GREAT NEWS 'CAUSE WE ANTICIPATED THEM TO HAVE TO DO MORE WALKING NEXT YEAR. UH, SO WE'LL SPEND THE SUMMER AND FALL, UH, RECEIVING THAT DATA, ANALYZING IT, AND THEN COMING BACK TO YOU GUYS, UH, JUST FOR A FIRST YEAR UPDATE. SO AGAIN, THE FIRST 30 MILES ONLY, UH, THEY IDENTIFIED APPROXIMATELY, UH, A THOUSAND SITES, UH, THAT HAD EROSION ISSUES. UH, AND 923 OF THOSE WERE A PART OF A STREAM. AND A HUNDRED OF THOSE WERE LAKES. AND JUST A REMINDER, THERE ARE A FEW LAKES THROUGHOUT THE CITY. SOME OF THOSE ARE ON PARK PROPERTY, SOME OF THOSE ARE ON PRIVATE PROPERTY. UH, THE PIE CHART THERE [00:05:01] THAT SHOWS YOU IS REALLY THE OWNERSHIP COMPONENT. SO ABOUT 66% OF THAT THOUSAND. SO JUST OVER 600 IS OWNED BY THE CITY. 25% IS A PROPERTY OWNER. AND THAT PROPERTY OWNER COULD BE A COMMERCIAL PROPERTY AS WELL AS A PRIVATE PROPERTY OR A SINGLE FAMILY PROPERTY AS WELL. UH, AND THEN 9% WAS HOA OWNED. UH, FROM A SCORING STANDPOINT, I WANTED TO GIVE YOU A COMPARISON OF WHAT THEY ARE SEEING OUT THERE. SO THE SCORE THAT YOU SEE ON YOUR LEFT IS 7.5. THAT'S, UM, VERY POOR CONDITION. UH, YOU CAN SEE THERE THAT THERE'S RIP WRAP, MISSING THE STRUCTURE'S, FAILING THE BANKS STEEP. UH, THERE'S BACKFILL MISSING. UM, SO THERE'S OBVIOUSLY A LOT OF ISSUES. SO THE LOWER THAT SCORE IS, THE MORE URGENT IT IS THAT IT NEEDS REPAIRS. THIS IS ACTUALLY ADJACENT TO A COMMERCIAL PROPERTY. SO IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO MAINTAIN THIS. UH, THE AREA YOU SEE ON THE RIGHT, UH, THAT IS A 67 AND A HALF SCORE, SO JUST, UH, OVER 50. AND WHAT WE WOULD LOOK AT THAT IS, THAT'S REALLY CLOSE TO THE AVERAGE SCORE THAT WE'VE SEEN OUT OF THAT FIRST THOUSAND SITES. AND AGAIN, WE'VE COLLECTED 30 MILES OF DATA. THEY'VE GOT 20 MORE MILES THAT THEY'VE COMPLETED. WE HAVE NOT SEEN THAT THOSE SCORES. SO THIS IS JUST BASED ON THE 30 MILES. UM, BUT THIS ONE IS WHERE YOU CLEARLY SEE EROSION, BUT YOU ALSO SEE A BANK, UH, WITH VEGETATION. IT'S NOT A STEEP BANK. THERE'S EROSION FROM SOME OUTFALL STRUCTURES THERE. UH, THIS IS SOMETHING THAT OBVIOUSLY HAS TO BE ADDRESSED, BUT IT'S NOT URGENT. UH, THERE'S NOT A HUGE SAFETY COMPONENT WITH THIS LOCATION. SO I JUST WANTED TO GIVE YOU THAT AS A, A COMPARISON WHEN YOU SEE SOME OF THESE SCORES LATER. HERE'S A COUPLE OTHER EXAMPLES. UH, THE ONE THERE ON THE LEFT, YOU CAN OBVIOUSLY SEE THERE IS SOME, UH, A STEEPER, UH, EMBANKMENT THAT'S ERODING. UH, AND THEN THE ONE ON THE RIGHT IS A, A MUCH TALLER EMBANKMENT AS WELL. THAT'S THE ONE ON THE LEFT IS ACTUALLY A GOLF COURSE. AND THE ONE ON THE RIGHT IS AN HOA OWNED TOO FAST. YOU GUYS JUST LET ME KNOW. SO I WANTED TO SHOW THIS BECAUSE I'VE GOT ANOTHER SLIDE AT THE END. BUT, UH, THIS SHOWS YOU AN IDEA OF WHERE THE PROPERTY SCORED. AND I KNOW IT'S REALLY DIFFICULT TO, UH, TO SEE THE, THE NUMBERS BASED ON THE COLORS, BUT I'VE GOT THOSE HERE FOR YOU. SO ZERO TO 25, AGAIN, KEEPING THAT SCORE THAT YOU SAW THAT HAD A SEVEN AND A HALF, THAT ANYTHING LESS THAN A 25, WE HAD 16 PROPERTIES FALL IN THAT CATEGORY. OUT OF THOSE 16, 11 WERE CITY AND FIVE WERE OWNER RESPONSIBILITY. UH, THE 26 TO 50 HAD 59 SCORES, UH, THAT FELL WITHIN THAT RANGE. THE AVERAGE SCORE, AS I MENTIONED, OUT OF THAT A THOUSAND SITE, THE MAJORITY OF THEM FALL WITHIN THAT 51 TO 75. WE HAD 600 OF THOUSAND THAT FELL WITHIN THAT, UH, CATEGORY, 76 TO 100. WHAT I WOULD CONSIDER, UH, IS MINOR EROSION, NOT REALLY NEED TO BE ADDRESSING. UH, WHAT WE'VE REALLY LOOKED AT IS THOSE FIRST TWO BECAUSE THOSE REALLY ESSENTIALLY YOU'RE GONNA NEED ADDRESSING IN THE NEXT THREE TO FIVE YEARS. UH, WHAT I ALSO WANTED TO SHOW YOU, AGAIN, GOING BACK TO THE STREAM, UH, WE'VE HAD SEVERAL, UH, LOCATIONS WHERE WE'VE HAD CONVERSATIONS WITH PROPERTY OWNERS. UH, IT'S REALLY WHAT PROMPTED A LOT OF THIS DISCUSSION EARLY ON. UH, SO I WANTED TO KINDA SHOW YOU THOSE. UM, WE'VE MET WITH EACH, EACH OF THESE INDIVIDUALS OR HOAS TO TALK THROUGH THEIR PROPERTIES. AND I WANTED JUST TO WALK THROUGH THOSE. UH, THE WESTLAKE POND, THIS IS, UH, JUST NORTH OF PLANO PARKWAY, UH, WEST OF ALMA. THERE'S A POND OR A LAKE AT THAT, THAT LOCATION. UH, IT'S AN INTERESTING SITUATION WHERE HALF OF THE POND IS OWNED BY 13 INDIVIDUAL PROPERTY OWNERS. AND THEN THE OTHER HALF IS OWNED BY COMMERCIAL. UH, IT'S A LOCATION THAT WE'VE HAD, UH, CONVERSATIONS WITH THE RESIDENTIAL. UH, THEY BROUGHT UP CONCERNS ABOUT DEVELOPMENT ADJACENT. UH, BUT TO THIS DATE, WE HAVE NOT PROVIDED ANY ASSISTANCE DUE TO THE PLAT LANGUAGE DUE TO THE COMMERCIAL. AND WHEN WE, UH, WHEN THE DEVELOPMENT WAS GONE IN, WE DID MAKE THEM FOLLOW OUR PERMIT REQUIREMENTS. THEY DID HAVE TO HAVE AN SW THREE P. WE ENFORCED THEIR EROSION, EROSION CONTROL WAS DRIVE. UH, AND I KNOW THAT SOME OF THESE, UH, CITIZENS OR HOAS WILL BE HERE TONIGHT, SO THEY'LL BE ABLE TO PROVIDE SOME MORE INFORMATION. UH, ANOTHER LOCATION. WE'VE HAD MULTIPLE REQUESTS. UH, WE DID ACTUALLY GO OUT AND EVALUATE THIS ONE. IT WASN'T TECHNICALLY INCLUDED IN THE, THE SECOND WAVE, BUT WE HAVE EVALUATED IT. UH, THERE IS EROSION. UH, HOWEVER, IT'S, UH, QUITE A BIT A WAYS FROM THE NORMAL FLOW OF THE CHANNEL. UH, THIS ONE SCORED A 71. AND AGAIN, OUR AVERAGE [00:10:01] SCORE IS AROUND A 67. UH, THIS IS ONE WHERE THE, THE PROPERTIES, UH, PROPERTY BOUNDARY ACTUALLY EXTENDS TO THE CHANNEL. AND SO WE HAVE NOT PROVIDED ASSISTANCE FOR THIS ONE. WE'VE GOT A COUPLE UNIQUE SITUATIONS. I SAY UNIQUE BECAUSE THE NEXT COUPLE ARE LOOK JUST LIKE THIS, WHERE HALF OF IT IS AN HOA THAT'S, UH, OWNS RESPONSIBILITY OF THE CREEK. THE OTHER HALF IS A CITY OWNED, UM, IN THIS LOCATION. IT'S A FUTURE PARK. THAT'S ACTUALLY, YOU CAN SEE THERE THE DEVELOPMENT'S OCCURRING. RIGHT NOW. THIS IS OVER IN WEST PLANO, UH, JUST AT WIND HAVEN AND SPRING CREEK. AGAIN, WE'VE HAD MULTIPLE CONVERSATIONS WITH THE HOA. UH, THE PLAT IS, UH, VERY CLEAR ON THE EROSION RESPONSIBILITY, UH, FOR THIS LOCATION. AGAIN, ANOTHER ONE THAT'S AN HOA SLASH CITY. THE GREEN DOWN THERE IS THE CITY RESPONSIBILITY. UH, THE YELLOW IS ALL HOA, UH, VERY SIMILAR WHERE, UH, THE PLAT STATES THAT IT'S THE HO A'S RESPONSIBILITY. THE HILLS OF INDIAN CREEK, AGAIN, VERY SIMILAR. THE COLORS ARE DIFFERENT, APOLOGIZE FOR THAT. BUT SAME, UH, SONG AS THE FIRST TWO HOA OWNS OR RESIDES RESPONSIBILITY FOR HALF OF IT. THE CITY OWNS OR HAS RESPONSIBILITY FOR THE OTHER HALF OF IT. THIS ONE, WE HAVE HAD MULTIPLE CONVERSATIONS WITH THE HOA. UH, WE HAVE BEEN OUT THERE MULTIPLE TIMES TO WALK THIS. WE ACTUALLY DID A SURVEY FOR THE HOA. UH, THERE'S MULTIPLE ENCROACHMENTS OR STRUCTURES THAT FALL WITHIN THE HOA PROPERTY. UH, SO THERE'S GONNA BE A LOT OF, UH, COMPLICATIONS FOR THIS ONE AS WELL. SO I WANTED TO GO BACK TO THIS CHART AND JUST GIVE YOU AN IDEA OF WHAT WE'RE SEEING AS WE MOVE FORWARD. UM, AS I MENTIONED, THE ZERO TO 25 AND THE, THE 2026 TO 50 IS THE AREA WE REALLY SEE THAT NEEDS, UH, ATTENTION SOONER THAN LATER. UH, THE AVERAGE SCORE WAS IN THAT 51 TO 75. UM, BUT WHAT IF WE LOOK AT THE FIRST 30 MILES OR THE FIRST 25%? WHAT WE'RE SEEING FOR A PROJECTION IS WE'LL HAVE SOMEWHERE IN THE NEIGHBORHOOD OF 300 OR SO, UH, MORE THAT WILL FALL WITHIN THAT ZERO TO 50 RANGE, UH, WHICH OBVIOUSLY IS A LOT OF PROPERTIES OUT OF THAT. WE PROJECT, UH, NEARLY 200 OF THOSE TODAY WOULD BE CITY RESPONSIBILITY. UH, WE DO ABOUT FIVE SITES A YEAR WITH OUR STAFF AND OUR BUDGET. OBVIOUSLY, THAT WOULD TAKE 40 YEARS TO FINISH THOSE 200. SO, WANTED TO GIVE YOU GUYS THIS INFORMATION TONIGHT. UH, AS AN UPDATE, WE'RE HOPEFULLY APPROACHING NEARLY A HALFWAY POINT. UM, AS FAR AS NEXT STEPS, WE'LL COMPLETE THE EVALUATIONS THROUGHOUT THE CITY. WE'LL COMPLETE THOSE 90 REMAINING MILES. UH, WE'LL GET THAT DATA FROM THE CONSULTANT. AND THEN MY PLAN IS TO COME BACK TO YOU GUYS WITH AN IDEA OF WHERE WE STAND. I SHOWED YOU WHAT THE PROJECTIONS WOULD SHOW, UH, BUT WHAT NEXT STEPS WE NEED TO TAKE TO MOVE FORWARD. AND THEN OUR GOAL IS TO PRESENT THAT, UH, LATER THIS FALL. AND SO I THINK THAT IS MY LAST SLIDE. YES, THAT I'LL OPEN IT UP FOR ANY QUESTIONS. SO MAYOR AND COUNCIL, I'LL JUST ADD IN REAL QUICK THAT, UM, YOU KNOW, WE KNOW, WE KNOW THIS IS TAKING A LITTLE BIT OF TIME TO COMPLETE THE, THE STREAM BANK STUDY, BUT WE THOUGHT IT WAS EXTREMELY IMPORTANT WHEN A COUNCIL FACES A POLICY DECISION OF THIS MAGNITUDE, UM, THAT AFFECTS SO MANY DIFFERENT PROPERTIES THAT HAS A, A COST IMPACT. UH, AS LARGE AS THIS MAY BE, THAT COUNCIL HAVE A FULL PICTURE OF WHAT THIS LOOKS LIKE. SO, UM, UH, YOU KNOW, PART OF THE REASON WHY IT'S TAKING SOME TIME IS THEY ONLY WORK DURING THE WINTER SO THAT THE SNAKES ARE GONE AND THEY CAN WALK THROUGH THE STREAMS. AND IT'S TRUE, IT DOES. IT'S ACTUALLY ONE OF THE REASONS WHY THEY DO IT. UM, BUT THEY, THE FOLIAGE IS GONE AND THEY CAN DO A, A PROPER ASSESSMENT. SO FOR, UH, FOR THE FOLKS, UH, THAT, THAT ARE WATCHING AND AND INTERESTED IN THIS, UH, AGAIN, THIS IS YEAR TWO. WE HAVE ONE MORE YEAR TO GO TO HAVE THAT FULL PICTURE, UM, TO BE ABLE TO DO THAT. AND, UH, SOME OF THAT IS GOING TO IN INVOLVE, UM, THE, THE COST ASPECT OF THINGS OF, OF WHERE THE CITY WANTS TO STEP UP FROM A POLICY PERSPECTIVE AND HOW FAR THE CITY WANTS TO GO AND, AND BEING ABLE TO, UM, ASSERT THIS. BUT AS CALEB SAID, UH, AS WE'RE STAFFED RIGHT NOW, AS WE'RE RESOURCED RIGHT NOW, UM, KNOWING THAT THE MAGNITUDE OF THIS THERE, THERE'S GONNA BE SOME BIG POLICY DECISIONS COMING DOWN THE PIPE. SO WE WANTED TO MAKE SURE WE GAVE THAT UPDATE TONIGHT AND START PREPARING, UH, BOTH COUNCIL AND THE PUBLIC TO, TO WHAT THIS DISCUSSION MAY LOOK LIKE. THANK YOU. COUNCIL MEMBER HOMER. THANK YOU FOR THE PRESENTATION. HAVE YOU COME ACROSS MANY SAFETY ISSUES DURING YOUR STUDY? AND IF SO, HOW, HOW ARE THOSE ADDRESSED? WHETHER IT'S CITY OWNED PROPERTY OR SOMEONE ELSE'S RESPONSIBLE? SO I'LL LET ALLISON AND RUSSELL ADDRESS [00:15:01] THAT A LITTLE BIT MORE. WE HAVE HAD CERTAIN LOCATIONS WHERE A SEWER LINE HAS BEEN EXPOSED OR HAS EROSION NEXT TO IT. UH, THOSE ARE THINGS THAT WE'RE WORKING WITH OUR PUBLIC WORKS DEPARTMENT. IF WE'VE GOT AN INFRASTRUCTURE FACILITY THAT NEEDS TO BE ADDRESSED IMMEDIATELY, UM, WE ARE WORKING THROUGH THOSE. I DON'T KNOW ALLISON OR RUSSELL, IF YOU GUYS HAVE KNOW OF ANY OTHER SAFETY CONCERNS THAT YOU'VE NOTICED OR BEEN MADE AWARE OF? MOST OF THE ONES THAT WE'VE RECEIVED TO DATE HAVE BEEN THINGS THAT WE'VE BEEN ABLE TO SEND TO PUBLIC WORKS TO GET EITHER A QUICK TEMPORARY FIX SO WE CAN DO A FINAL PROJECT OR THAT THEY'VE BEEN ABLE TO GO OUT AND MAINTAIN. SO I, I HAVE A QUESTION. ACTUALLY, I HAVE A COUPLE QUESTIONS. SO, WHEN, WHEN YOU'RE DOING THIS STUDY WITH REGARD TO THE, UM, THE EROSION ON, ON, ON SOME OF THE PROPERTIES, AND YOU SAY THAT SOME OF THEM ARE OWNER RESPONSIBLE, ARE WE, UM, FIRST OF ALL, DO THE OWNERS KNOW THAT THEY'RE RESPONSIBLE? AND SECOND OF ALL, UM, DO WE NOTIFY THEM ONCE WE FIND OUT THAT THERE IS, UM, CERTAIN ISSUES OF CONCERN? DO WE TELL THEM, LOOK, YOU KNOW, THIS IS NOT PART OF THE CITY'S RESPONSIBILITY, IT'S YOURS, AND DO WE GET ANY SURPRISES FROM THAT? SO WE HAVE NOT NOTIFIED ANY OWNERS YET. AND I THINK FOR ME, THAT REALLY GOES BACK TO AT THE END OF THIS, THERE'S GONNA BE A POLICY DISCUSSION TELLING AN OWNER SOMETHING TODAY. AND THAT MAY CHANGE IN THE FUTURE. UM, SOMETHING I DIDN'T STATE, AND I, I APOLOGIZE FOR THAT. THE SITES THAT WE'RE EVALUATING THE SITES CAN BE MULTIPLE PROPERTY OWNERS. THEY'LL GO OUT AND IDENTIFY A SITE THAT HAS EROSION AND IT MAY COVER 2, 3, 4 DIFFERENT LOT LINES WHERE WE AS IN THE CITY, IF WE WERE GOING TO ADDRESS THAT WITH OUR RESPONSIBILITY, WE WOULD DO IT AS ONE PROJECT INSTEAD OF FOUR INDIVIDUAL ONES. SO I WANNA MAKE SURE THAT'S CLEAR, BUT WE HAVE NOT SAID ANYTHING. NOW, OF COURSE, WE CAN MAKE THE, THE DATA, UM, AVAILABLE. UH, WE'VE GOT A HUGE DATABASE, UH, THAT WE COULD MAKE AVAILABLE ON OUR WEBSITE OR, YOU KNOW, UH, GET THAT TO DIFFERENT CITIZENS DEPENDING ON THE, THE SEVERITY. COUNCIL MEMBER WILLIAMS, UH, THANK YOU CALEB. I HAVE A COUPLE OF QUESTIONS AS WELL. THE FIRST, IF WE CAN GO BACK TO ONE OF THE EARLIER SLIDES SHOWING, UH, ONE OF THE PROPERTIES, UM, IT'S, THIS IS THE ONE WHERE YOU SAID THE, IT WAS WELL AWAY FROM THE NORMAL FLOW. UH, MAYBE THAT WAS IT. UM, MAY MAYBE NOT, BUT UH, ACTUALLY MAYBE THAT WAS IT. SO IT LOOKS WELL AWAY FROM THE ACTUAL STREAM, BUT THAT SLOPE LOOKS VERY CLOSE TO THAT STRUCTURE. I'M NOT SO MUCH WORRIED ABOUT THE STREAM FLOW AS I'M WORRIED ABOUT RAINS WASHING OUT THAT, UH, EMBANKMENT. HOW, HOW WOULD A PROPERTY LIKE THAT SCORE? I MEAN, OR HOW WOULD THAT FACTOR SCORE, EVEN THOUGH THAT, UH, SLOPE IS WELL AWAY FROM THE STREAM? I KNOW THIS WAS SCORED 71 IF I'M READING THIS CORRECTLY, CORRECT, YEAH. WAS THAT TAKEN INTO ACCOUNT WHEN WE HAVE THE TORRENTIAL RES, THAT THAT CAN HAVE A REAL SWIFT IMPACT ON THE, ON WALLS LIKE THAT? YEAH. SO I WAS GONNA SEE RUSSELL, WE TALKED A LITTLE BIT ABOUT THIS. YOU WANNA GIVE KIND OF A SUMMARY OF WHERE THAT 71 COMES FOR, COMES FROM ON THIS ONE? YEAH, THE SCORE FACT, HE WALKED THROUGH, CALEB, WALKED THROUGH THE, KIND OF THE DIFFERENT WAY THE SCORE AND LOOKING AT THE THREAT, WHETHER IT'S ON A BEND OF A STREAM AND ET CETERA. AND ONE OF THE THINGS THAT FACTORS IN HERE IS SAFETY. AND OUR CONSULTANT WENT AND HE, THEY'RE DOING THIS ACROSS THE BOARD THAT THEY SCORED THIS A 71 BECAUSE OF, THEY FELT LIKE THE CONS THE PROPERTY OWNER COULD PUT A FENCE IN, BUT ALONG THAT SLOPE BETWEEN THERE AND THE HOUSE TO, TO AVOID KIND OF A SLOPE ISSUE OR, OR ANY KIND OF A CITIZEN OR THEMSELVES FALLING DOWN THE SLOPES, THEY CAN SAY THEY CAN PUT A FENCE UP. NOW IF YOU TOOK THAT OUTTA THERE AND SAID, OKAY, THERE, THERE IS A BIG FAILURE ISSUE HERE WITH A, SOMEONE FALLING DOWN THE SLOPE, THEIR SCORE WOULD COME DOWN FROM THAT 71 TO A LOWER SCORE. I'M NOT SURE IF THAT KIND OF REALLY ANSWERS YOUR QUESTION, BUT I MEAN THE, I I EVEN REALLY CONSIDERED SOMEBODY FALLING DOWN THERE. I WAS THINKING ABOUT WHEN WE GET, UH, SEVERE RAINS, UM, THE RAIN WASHING OUT THAT WALL AND SO THAT SLOPE IS CLOSER AND CLOSER TO THE STRUCTURE, WHICH COULD THEN GET SERIOUSLY DAMAGED. WELL, THEY'RE ON THE INSIDE BEING NOT THE OUTSIDE BEING, USUALLY THE OUTSIDE BEING IS A LOT MORE EROSION. THEY'RE ON THE, THEY'RE ON THE INSIDE BIN. SO THERE'S NOT AS MUCH EROSION ON THIS SIDE HERE. YES, THAT IS A STEEP SLOPE. I WILL RE RE, UM, SAY THAT BACK IN 96, THE CITY MADE A COMMENT TO THE PROPERTY OWNER. THIS IS A DIFFERENT PROPERTY OWNER, BUT AT THAT TIME THEY ADVISED THE PROPERTY OWNER TO PLANT SOME, UM, MATERIAL THERE TO HELP WITH THE EROSION. AT THAT TIME, THE PROPERTY OWNER DID NOT ADDRESS THAT AT ALL. SO THERE'S AGAIN, THEY COULD PLANT SOME GRASS TO HELP WITH THE EROSION IN THAT AREA. UH, LIKE I SAID, THE PLANT SAYS RIGHT NOW IT'S OWNER'S RESPONSIBILITY. SO WE HAVE TO GO WHAT THE LEGAL DOCUMENT SAYS. WELL, FOR, FOR THE STATUS OF A PROPERTY LIKE THIS ONE WE'RE LOOKING AT RIGHT HERE IN THE PICTURE [00:20:01] WHERE, UM, AND AGAIN, YOU TALKED ABOUT WHERE BACK IN NINE SIX, THE PROPERTY OWNER AT THAT TIME OF A DIFFERENT PROPERTY WAS ADVISED TO PLANT SOMETHING WITH THIS PROPERTY. RIGHT. NOW, HOW DOES THE, THAT SLOPE BEING SO CLOSE TO THE STRUCTURE IMPACT THE SCORE AND NOT JUST FROM THE PERSPECTIVE OF MAYBE SOMEBODY WILL FALL DOWN IT, BUT ACTUALLY FURTHER EROSION, NOT FROM THE STREAM, BUT FROM RAIN, SEVERE RAIN? YEAH, I, I THINK BASED ON THE EVENT, IS IT FACTORED IN? YEAH. BASED ON THE EVENT. SO IT IS FACTORED IN THE, THE OKAY CHALLENGE WITH THIS ONE IS YOU DO HAVE A SLOPE NEXT TO A, A STRUCTURE. UH, BUT BASED ON THE GEOMETRY OF THE CREEK, THE MAJORITY OF THE EROSION AT THIS LOCATION IS FROM RUNOFF. FROM A TOP. IT'S EVEN WITH A, A FULL CHANNEL, IT'S NOT GOING TO ERODE THIS. NOW WE KNOW FROM WHEN YOU GET HEAVY RAINS THAT WATER IS GONNA RUN OFF THE TOP. MM-HMM . SO IT HASN'T BEEN IDENTIFIED FOR THE LAST 20 YEARS, BUT LIKE ANYTHING, IF IT CONTINUES TO GO UN UNMAINTAINED, IT'S GONNA CONTINUE TO GET WORSE. OKAY. AND THAT'S, THAT'S KIND OF A GOOD SEGUE TO MY NEXT QUESTION. UM, AND THIS IS REALLY AN HISTORICAL QUESTION. UM, FOR A LOT OF THESE NEIGHBORHOODS THAT WERE BUILT 20, 30 PLUS YEARS AGO WHEN IT WAS DETERMINED THAT THE STREAM BANK WOULD BE THE HOA RESPONSIBILITY, DO WE KNOW WHETHER THAT DISCUSSION INCLUDED RETAINING WALLS AND EROSION OR WHETHER IT WAS MORE ALONG THE LINES OF TREES AND BRUSH MAINTENANCE? UM, 'CAUSE THOSE ARE VERY DIFFERENT, VERY DIFFERENT TOPICS, RIGHT? YEAH. AND BACK TO THAT MAINTENANCE COMPONENT. SO WE HAVE SEEN PROPERTIES FROM THE EARLY NINETIES, LATE EIGHTIES THAT HAD GIAN WALLS, UH, WITHIN THE STREAM, UH, FROM A PROTECTION, FROM AN EROSION PROTECTION. BUT WE'VE ALSO SEEN BAG WALLS. WE'VE SEEN TIMBER WALLS, WE'VE SEEN MASONRY WALLS, WE'VE SEEN ANY NUMBER OF, UH, OF DIFFERENT PROTECTION FOR THESE LOCATIONS. UH, A SLOPE THAT WAS PUT IN IN THE EIGHTIES OR NINETIES MAY HAVE BEEN A GRADUAL SIX TO ONE. AND TODAY IT'S A TWO TO ONE SLOPE. UM, SO WE'VE SEEN ALL KINDS OF DIFFERENT, UH, STRUCTURES WITHIN THESE. I DUNNO THAT THERE'S ANYTHING CONSISTENT. THANK YOU. THANKS CALEB. AND THANK YOU FOR YOUR, FOR DOING THIS, THE SURVEY. I'M QUITE FAMILIAR WITH THIS SITE. I WALKED BY IT. I'VE SENT LETTERS TO THE, UH, CITY MANAGER TO ADDRESS THIS. UH, WHAT'S UNIQUE HERE IS IF THE PROPERTY TO IMMEDIATE LEFT, UH, THEY HAVE A GIAN WALL SYSTEM SET UP AND THEY'RE NOT HAVING ANY EROSION PROBLEMS. MY CONCERN ABOUT PUTTING A FENCE FOR SAFETY IS YOU PUT A FENCE RIGHT THERE, THAT FENCE IS GONNA FALL DOWN EVENTUALLY BECAUSE YOU CAN'T DRIVE THAT FOOTER DEEP ENOUGH TO HOLD THAT FENCE UP THERE. SO HAVING A FENCE THERE TO, TO MITIGATE SAFETY, THAT'S A NON-POINT. 'CAUSE IT'S, IT'S NOT GONNA BE THERE WHEN YOU GET AN X RAIN. IF YOU'RE TELLING ME THAT THAT EROSION'S COMING FROM THE DRIVEWAY, AGAIN, I, I'D HAVE TO UNDERSTAND HOW MUCH SHEET FLOW IS COMING FROM THAT DRIVEWAY TO CAUSE THAT MUCH EROSION FROM RIGHT THERE. IF YOU GO UP ON TOP OF THAT PROPERTY AND LOOK UNDERNEATH, YOU'LL SEE SPACE BETWEEN THE DRIVEWAY AND THE GARAGE WHERE THE SUBSOIL UNDERNEATH THAT DRIVEWAY HAS COLLAPSED, IS ERODED AWAY. I THINK THIS IS ALL SUBSIDING AS IT'S COMING DOWN. AND OF COURSE IT'S ADDING TO THE CREEK FLOW. YES, THE DEBRIS AND, UH, NOT THE DEBRIS, BUT THE, ANY TYPE OF PREVIOUS LANDSCAPING THAT WAS THERE HAS BEEN CLEAR CUT SHAME ON THEM BECAUSE OF COURSE, ANYTIME YOU HAVE TREES AND WILLOWS OR ANYTHING LIKE THAT, THAT ONLY BINDS THE SOIL INTO THE FINE PARTS OF THE ROOT SYSTEM. BUT WHERE I'M HAVING A CHALLENGE HERE IS, IS THAT THE NEIGHBOR TO THE LEFT HAS A NICE GABON WALL. AND FROM WHAT I UNDERSTOOD YEARS BACK, THE CITY INSTALLED THAT, I CAN'T VALIDATE THAT, BUT THAT WAS WHAT WAS TOLD TO ME BY THE NEIGHBOR, BY THAT PERSON. RIGHT. UM, HE'S LOOKING FOR SUPPORT FOR HIM TO PUT A GIAN WALL AS A HOMEOWNER OR FUTURE HOMEOWNERS BECAUSE TIMBER WALLS DON'T WORK. MASONRY WALLS DON'T WORK. HE'S NOT GONNA DO SHEET PILES IN THERE. I DON'T KNOW HOW HE CAN, HE CAN RECOVER. YEAH, I, I JUST, THE COST WOULD PRECLUDE HIM FROM DOING THAT. SO I ONLY THINK WE'RE SEEING PART OF THE, SEEING PART OF IT HERE AND A SCORE OF 71, I THINK IT'S NOT, NOT REALLY A, A GOOD NUMBER. I DON'T KNOW HOW YOU, THEY DID THE EVALUATIONS. I, I'M BEARING ON IT, BUT I THINK THE RISK IS CERTAINLY GREATER THAN JUST TELLING ME TO PUT A FENCE UP TO HELP WITH SAFETY. THAT'S JUST MY OBSERVATION WHEN I WENT THERE. AND, UM, I'M TRYING TO HELP A, UH, A NEIGHBOR. SO THAT'S WHERE I'M COMING FROM. SO THANK YOU. BUT THANK YOU FOR THE STREAM STUDY. I'M LOOKING FORWARD TO THE REST OF THE DATA COUNCIL MEMBER SMITH. [00:25:04] THANK YOU, MAYOR. UM, CALEB, LEMME ASK YOU, UH, I KNOW WE DON'T HAVE ALL THE THE FACTS IN YET, BUT BASED ON WHAT WE'VE GATHERED SO FAR, WHAT WHAT SURPRISED YOU ABOUT IT FOR, FOR INSTANCE, DID WE WE FIND MORE SITUATIONS LIKE THIS THAN WE THOUGHT THERE MIGHT BE, OR, OR DO, DID WE PERHAPS BE ON THE GOOD SIDE FIND, FIND LESS, AND THEN, UH, IS THAT, HOW DO YOU PREDICT THAT'S GONNA IMPACT WHEN YOU COME BACK TO US TO GIVE US THE DATA WHERE WE CAN MAKE SOME DECISIONS? FOLLOWING UP ON WHAT COUNCIL MEMBER HOER SAYING IS, WHAT CAN WE DO AS A CITY TO HELP OUR RESIDENTS? YEAH. SO I, I'LL LET ALLISON OR RUSSELL CHIME IN FROM A SURPRISING STANDPOINT. I, IT PROBABLY SHOULDN'T HAVE SURPRISED ME, BUT THE VOLUME THAT WE'RE SEEING, THE NUMBER, BASICALLY THE, THE BAD, POTENTIALLY BAD VOLUME, WELL THAT, THAT'S GONNA SCORE IN THAT SUB 50 CATEGORY. UM, BUT AGAIN, WHEN YOU'RE TALKING ABOUT 120 MILES FOR A COMMUNITY THAT, YOU KNOW, FROM A, A DEVELOPMENT STANDPOINT IS 20 OR 30 YEARS OLD, MM-HMM , IT PROBABLY SHOULDN'T SURPRISE US. BUT WHEN WE SEE 344 FALL UNDER THAT 50 NUMBER AND THEN STAFF AND WE TALK ABOUT, WE'RE DOING ABOUT FIVE SITES A YEAR WITH THAT, A HALF A MILLION DOLLAR BUDGET. NOW PARKS DOES THEIR PROJECTS AS WELL, AND THAT DOESN'T INCLUDE THAT NUMBER. SO IN SOME OF THESE LOCATIONS WERE PARKS. UM, SO THAT MAY BE A LITTLE BIT DIFFERENT, BUT JUST THE NUMBER THAT WE'RE SEEING AND SEEING THAT IF YOU PROJECT THIS OUT TO POTENTIALLY 200 PLUS LOCATIONS THAT THE CITY ALONE NEEDS TO ADDRESS. I, I THINK FOR ME THAT'S THE BIGGER NUMBER, UH, OR THE, THE SURPRISE THAT I SAW. THE SEVERITY. WE'VE BEEN DOING THE STREAM BANKS PROGRAM FOR A NUMBER OF YEARS, UM, FROM A SEVERITY STANDPOINT, WE'VE SEEN PEOPLE WILL CALL US OUT AND DON'T LAUGH, WE NEVER LAUGH . UM, BUT THE SEVERITY IS NOT NEAR WHAT WE WOULD EXPECT. BUT THERE HAVE BEEN LOCATIONS THAT WE HAVE. WE'VE SEEN PARKING LOTS, DIPPING AND UH, SHEER WALLS. UH, BUT IT ALSO, THERE'S A LOT OF FACTORS. THE GEOMORPHOLOGY COMPONENT OF IT, YOU KNOW, THAT MAY LOOK LIKE A SHEER WALL, BUT IT'S MADE OUT OF COMPLETE ROCK. WE DON'T HAVE A BIG CONCERN WITH SOME OF THOSE. SO A FENCE IN THAT LOCATION MAY MAKE SENSE BECAUSE IT'S NOT GONNA ERODE VERY MUCH THERE. BUT THAT'S WHERE THE CONSULTANT PROVIDES THAT DATA FOR US TO WHERE WE DON'T JUST LOOK AT IT AND SAY, YEAH, THAT WE NEED TO ADDRESS THAT. WE'VE GOT, BASED ON THE GEOMETRY OF THE CREEK, BASED ON THE SOIL CONDITION, BASED ON STRUCTURES, ALL THOSE FACTORS COME INTO PLACE. WE APPRECIATE ALL THE HARD WORK THAT STAFF'S DOING TO, UH, TO MAP ALL THIS OUT FOR US. BUT DO BRING US INFORMATION AS SOON AS PHYSICALLY POSSIBLE SO WE CAN MAKE SOME DECISIONS ON HOW TO ALLEVIATE SOME OF THESE BURN RESIDENTS. YEAH. WELL HOPEFULLY THIS ALL MOVES UP. 'CAUSE LIKE I SAID, THEY'RE EXPECTED TO TRY TO GET THROUGH ALL 90 MILES BEFORE WE START SEEING THE FOLIAGE AND THE SNAKES. THAT'S NOT A JOKE. UM, BUT, UH, SO HOPEFULLY WE'LL BE ABLE TO GO THROUGH THAT INFORMATION THIS SUMMER AND HAVE SOMETHING BACK TO YOU GUYS LATER THIS FALL. RIGHT. THANKS CALEB. CALEB, REAL QUICK, UH, IS IT A HUNDRED FEET OF GAB AND WALL, UH, LIKE DOUBLE STACK? IS THAT ABOUT A MILLION DOLLARS? I WAS TRYING TO REMEMBER. UM, WE HAD A MEASUREMENT AND I CAN'T REMEMBER EXACTLY HOW LONG IT WAS. YEAH, I DON'T KNOW. ALLISON, IF YOU CAN RECITE THAT OFF THE TOP OF YOUR HEAD. SHE DOES THOSE PROJECTS. I MEAN, THERE'S HEIGHT AND WIDTH, RIGHT? BENDS? YEAH, IT DEPENDS ON HEIGHT. I CAN'T REMEMBER OFF THE TOP OF MY HEAD. I'M SORRY. I SHOULD HAVE LOOKED BEFORE. BUT YEAH, YOU'RE LOOKING AT PROBABLY TWO TO 300 FEET WOULD BE OVER A MILLION. THANKS KAY. YEP. APPRECIATE IT. I THINK WE HAVE SOME SPEAKERS. WE HAVE FOUR SPEAKERS. THE FIRST ONE IS BRENT MKE. GOOD EVENING. I'M BRENT MKE, PRESIDENT OF THE HILLS OF INDIAN CREEK, HOA. I'VE BEEN FRONT OF YOU TWO TIMES BEFORE CONCERNING TWO ISSUES FACING OUR HOA. THE FIRST CONCERNS, THE CITY POLICY OF WHOSE RESPONSIBILITY IT IS TO REMEDIATE STREAM BANK EROSION. THE CITY MAINTAINS STORM WATER COLLECTION AND CULVERTS THAT DISCHARGE INTO CREEKS, BUT WHEN IT'S ONCE IT REACHES A CREEK, IT'S A CRAPSHOOT AS TO WHO'S RESPONSIBLE FOR THE MAINTENANCE. REGARDLESS OF WHERE THAT WATER CAME FROM IN OUR NEIGHBORHOOD, WE'RE TOLD THE HOA IS RESPONSIBLE FOR ANY EROSION. HOUSES ON THE OTHER SIDE OF THE SAME CREEK ARE TOLD THE CITY IS RESPONSIBLE FOR ANY EROSION. IT'S THE SAME WATER THAT FLOWS DOWN THAT CREEK. AND THE OWNERS ON BOTH SIDES PAY THE SAME DRAINAGE FEES THAT'S SUPPOSED TO GO TO PAY FOR ANY REMEDIATION. [00:30:01] THE POLICY NEEDS TO BE CHANGED TO THE CITY, MAINTAINING CREEKS AS THEY ARE NORMALLY UNSEEN, BUT VERY CRITICAL INFRASTRUCTURE FOR THE CITY. STREAMBANKS ARE ERODING AND A DAY OF RECKONING IS APPROACHING. AND I THINK YOU SEE THAT WITH THE PICTURES. THE EASIEST DECISION FOR YOU TONIGHT IS TO SAY, UH, LET'S PUT THIS OFF. LET'S GET SOME MORE DATA. I URGE YOU TO MAKE THE HARDER DECISION AND REMOVE THE UNCERTAINTY FACING MANY OF YOUR RESIDENTS AND CHANGE THE POLICY TO THE CITY MAINTAINING RESIDENTIAL STREAM BANKS. HOWEVER, THAT'S NOT THE REASON WHY I'M HERE TONIGHT. THE SECOND ISSUE CON CONCERNS THE STREAM BANK OWNERSHIP. OUR HOA WAS NEVER THE INTENDED OWNER OF THE STREAM BANK, AND WE NEVER RECEIVED A DEED FOR THOSE LOTS BEYOND MY PREVIOUS COUNCIL PRESENTATIONS. MET WITH CITY MANAGEMENT ON THIS ISSUE. ON JANUARY 25TH, 2023, WE RECEIVED A WRITTEN OFFER FROM THE CITY TO TAKE OWNERSHIP OF THE TWO LOTS IN QUESTION. THE HOA HAD TWO ITEMS TO RESOLVE A NOTICE OF VIOLATION IN THE FLOODPLAIN, IN THE FLOODPLAIN, AND PAYING OUTSTANDING, OUTSTANDING REAL ESTATE TAXES. BOTH WERE RESOLVED BEFORE THE SPRING OF 20 23, 13 MONTHS AFTER THIS WRITTEN OFFER. WE'VE BEEN WAITING FOR THE CITY TO COMPLETE THIS TRANSACTION. WE ASK THE CITY COUNCIL TO DIRECT THE CITY MANAGEMENT TO BREAK THIS GOOD FAITH OFFER TO A POSITIVE OUTCOME TO OUR HOA MEMBERS WHO HAVE BEEN LED TO BELIEVE THAT THIS WOULD'VE TRANSPIRED ALREADY. OUR HOA HAS TWO OTHER RESIDENTS THAT WILL SPEAK TONIGHT ON THE IMPACT OF UNCERTAINTY. THIS DELAY HAS RESULTED IN THANK YOU FOR YOUR TIME. THE NEXT SPEAKER IS NANCY MARKHAM. HI, I'M NANCY MARKHAM AND I'M A HOME HOMEOWNER IN THE HILLS OF INDIAN CREEK. I'M ALSO ON THE ARCHITECTURAL CONTROL COMMITTEE ALONGSIDE OUR HOA BOARD. AND I'VE BEEN A REALTOR FOR OVER 22 YEARS. MY HOME IS ON PELICAN BAY DRIVE AND BACKS TO THE CREEK. WE MOVED THERE IN, UH, 2002. THE SHOPS OF WILLOW BEND STORAGE BUILDINGS AND APARTMENTS WERE, WERE BUILT AROUND THAT TIME UPSTREAM OF OUR HOA. UH, THOSE DEVELOPMENTS CONTAINED MULTIPLE BUILDINGS, LARGE PARKING LOTS, BASICALLY A LOT OF CONCRETE, AND RESULTING IN INCREASED WATER FLOW INTO THE CREEK BEFORE IT ARRIVES INTO OUR NEIGHBORHOOD HOMES BACKING TO THE CREEK HAVE WITNESSED THE WATER LEVEL INCREASING EXPONENTIALLY FROM THE RAIN RUNOFF, AND AS A RESULT, THE STREAM BANK ERODED ENCROACHING UPON OUR PROPERTY LINES. THIS HAS CAUSED FAILURE TO OUR RETAINING WALLS. WE HAVE DEALT WITH HUGE TREES FALLING BECAUSE THE ROOTS WERE, UH, EXPOSED BY THE EROSION, AND WE HAVE SPENT OUR OWN DOLLARS REMOVING FALLEN TREES AND REPAIRING FENCES. THE FACTORS CONTING TO THE EROSION ARE NOT IN OUR CONTROL. MOST OF THE WATER FLOW IN THE CREEK DOES NOT COME FROM OUR HOA. THE CREEK EXISTED BEFORE ANY DEVELOPMENT IN THE AREA. THE SURROUNDING DEVELOPMENTS HAVE ALSO INCREASED WATER RUNOFF AND RESULTS IN CREEK EROSION. TO HOLD AN HOA OR PERSON SOLELY RESPONSIBLE FOR THE REPAIR OF EROSION ALONG THE CREEK THEY LIVE ON IS UNFAIR. AS I MENTIONED, I'M A REALTOR AND IN JANUARY OF LAST YEAR, THE CITY MADE AN OFFER TO THE HOA TO TAKE OWNERSHIP OF THE CREEK LOT. I LISTED THE NEIGHBOR'S HOUSE ALONG THE CREEK IN SPRING OF 2023. AN OFFER SUBSTANTIALLY ABOVE THE TAX ASSESSED VALUE WAS MADE AND ACCEPTED DURING DUE DILIGENCE, THE BUYER BACKED OUT AND ONE OF THE REASONS CITED WAS THE UNCERTAINTY OF THE OWNERSHIP AND RESPONSIBILITY OF THE EROSION, UH, REMEDIATION. THIS DIRECTLY IMPACTED MY INCOME AND HIGHER TAX BASE OF THE CITY OF PLANO. I URGE YOU TO ASK CITY MANAGEMENT TO HONOR THE JANUARY, 2023 OFFER THE CITY MADE AND TAKE OWNERSHIP OF THE CREEK CREEK LOTS. I ALSO ASK THE CITY TO SERIOUSLY CONSIDER CHANGING CITY POLICY AND TAKE RESPONSIBILITY FOR CREEK EROSION REGARDLESS OF WHAT THE PLAT MAP SAYS. I APPRECIATE YOUR TIME THIS EVENING. THANKS, AUDREY GILLETTE. HI, I AM AUDREY GILLETTE. [00:35:01] I LIVE IN THE HILLS, THE INDIAN CREEK NEIGHBORHOOD AS WELL, THE PRESTONWOOD AREA. AND I'VE BEEN THERE FOR 20 YEARS. I'VE BEEN A REALTOR WITH RE MAX FOR 15 YEARS. I'M THE REALTOR WHO BROUGHT NANCY ONE OF HER BUYERS. AND SO I KNOW EXACTLY WHAT MY BUYER WAS THINKING. AND AFTER DOING INSPECTIONS, IT JUST BECAME TOO MUCH UNKNOWN FOR THEM TO FEEL COMFORTABLE TO GO FORWARD. SO WE LOST OUR SALE. UM, IT'S GONNA KEEP HAPPENING. IT'S GONNA BE A MATTER OF TIME BEFORE A TITLE COMPANY'S NOT GONNA CLOSE ONE OF OUR HOMES BECAUSE OF THE VAGUENESS AND THE OWNERSHIP AND THE MAINTENANCE. SO I WANTED TO MAKE THAT POINT. UM, IN THE BEGINNING WHEN OUR COMMUNITIES CAME IN, WE HAD A BUILDING BOOM IN THE EIGHTIES AND WENT INTO THE NINETIES. UM, THIS, OUR COMMUNITY WAS PUT IN IN THE EIGHTIES. UM, THERE WAS ORIGINALLY SUPPOSED TO BE ONE HOA, SO MAYBE IT DID MAKE SENSE AT THAT TIME FOR THE CREEK LINE TO BE THE RESPONSIBILITY OF AN HOA. BUT WHAT REALLY HAPPENED, I DON'T KNOW IF ANYBODY REMEMBERS THE R-C-T-R-R-T-C DAYS AND THE FORECLOSURES, AND IT WAS NOT A GOOD REAL ESTATE MARKET FOR QUITE A WHILE. THERE ARE NOW SEVEN HOAS IN THERE. AND SOMEHOW OUR SMALL HOA 122 PEOPLE, OF WHICH ONLY 20 LOTS ARE CREEK LOTS IN OUR HOA, THERE'S TWO MORE LOTS THAT ARE NOT IN OUR HOA FOR THAT TO BECOME OUR RESPONSIBILITY. UM, THAT IS, AS NANCY SAID, NOT FAIR. UM, WE WOULD, TO GET ANYTHING PASSED TO GET ANY WORK DONE, WE'D HAVE TO GET, I BELIEVE IT'S TWO THIRDS OF A VOTE FROM OUR SMALL LITTLE GROUP. AND THERE'S NO WAY 67% OF THE PEOPLE ARE GONNA VOTE TO TAKE CARE OF JUST 20 LOTS. ESPECIALLY WHAT WE DO KNOW. UM, I LIVE THERE, I'VE HAD WATER ISSUES, I'VE PUT IN TRIPLE DRAINS. I'VE HAD FOUNDATION ISSUES. I DON'T LIVE ON THAT STREET. UM, BUT I WILL TELL YOU, THE FIRST EIGHT YEARS I WAS THERE, I MOVED IN RIGHT AT 2000, BOUGHT THE HOME AT THE END OF 1999, AND I, I DIDN'T SEE ANY WATER ISSUES. UM, BUT I WILL SAY SOMETHING CHANGED UPSTREAM AND ALL OF A SUDDEN I HAD A TON OF WATER COMING DOWN THE SIDE OF MY HOME. I'VE PUT IN TRIPLE FRENCH DRAINS. I'VE DONE FOUNDATION WORK. MY NEIGHBOR ON THE SAME SIDE, THE SAME THING. SOMETHING CHANGED AND IT TOOK ABOUT EIGHT YEARS FOR ME TO SEE IT. AND, UM, SO UPSTREAM FROM US, WE HAVE WILLOW BEND MALL CAME IN AROUND 2000, UM, IN 1920 SECONDS, 1998, THE STORAGE FACILITY CAME IN. AND LIKE NANCY SAID, THAT IS A LOT OF CONCRETE AND WE'RE JUST A SMALL LITTLE HOA THAT HAPPENS TO BE IN ITS PATH. THANK YOU. THE LAST SPEAKER ON THIS ITEM IS JOEY SEVEN. GOOD EVENING. MY NAME IS JOEY SEVEN. MY WIFE MARILYN AND I LIVE IN PLAIN IN THE STATES OF WOODED COVE. WE'VE BEEN 25, 20 NAPER FOR ABOUT 20 YEARS, OVER 20 YEARS NOW. THE ESTATES OF WOODED COVE IS A COMMUNITY OF 158 HOMES LOCATED SOUTH OF MCDERMOTT AND WEST OF CUSTER. THERE'S A TRIBUTARY OF ABOUT 2000 FEET. YOU SAW ONE OF THE PICTURES THAT CALEB PUT UP THERE. THAT'S, THAT TALKED ABOUT THE, UH, STATES OF WHIT COVE. THE TRIBUTARY IS ABOUT 2000 FEET AND RUNNING THROUGH THE SUBDIVISION FLOWS INTO RUSSELL CREEK. ONE OF THE THINGS WE LEARNED, WE LEARNED A LOT BY DOING THIS RESEARCH AND TALKING AND LEARNING MORE ABOUT THIS. THIS, UH, TRIBUTARY IS FED BY 2 84 INCH CONCRETE CONDUITS. TWO GIANT, 80 FOOT, 84 INCH CONDUITS. AND THAT IS RECEIVING A RUNOFF FROM OVER 240 ACRES OF HOMES NORTH OF US. AND, UM, IN ADDITION TO THE OTHER DRAIN PIPES THAT ARE IN OUR TRIBUTARY AS WELL, THAT INCLUDE DRAINAGE FROM THE ANDREWS ELEMENTARY SCHOOL, RIGHT, FLOWS RIGHT INTO THE, UH, TRIBUTARY AS WELL. ONE OF THE THINGS WE LEARNED IS THAT DEVELOPMENT OF FARMLAND OVER TIME, THE, UM, RAINWATER RUNOFF WAS LOW LIKE 10 TO 15%. WHEN YOU LOOK AT DEVELOPED LAND, YOU'RE TALKING ABOUT 90% IS RUNOFF. SO ALL THE CONCRETE AND ROADS AND SO FORTH, ALL IT RUNS OFF INTO THE TRIBUTARY. SO OVER TIME, THE HEAVY WATER FLOW FROM RESIDENTIAL DEVELOPMENT HAS CAUSED SIGNIFICANT EROSION [00:40:01] OF THE TRIBUTARY CREATING, IN SOME CASES SAFETY AND STRUCTURAL THREATS TO THE, UH, PROPERTIES BORDERING THE TRIBUTARY. THE RESIDENTS OF STATES OF WOOD COVE DO NOT HAVE THE REVENUE SOURCES TO HANDLE THE REPAIRS OF THIS TRIBUTARY, THE BANKS. AND, UM, THE, SO WE'RE ASKING THE CITY FOR FINANCIAL ASSISTANCE TO SUPPORT US, THE MOST CRITICAL SITE. AND WE TALKED ABOUT, YOU MENTIONED SAFETY. MOST CRITICAL SITE IS ABOUT FOUR FEET AWAY FROM ONE OF THE HOMEOWNER'S FENCE AT ABOUT 12 FEET FROM HIS SWIMMING POOL. WELL, YEAH, THAT'S CRITICAL. BUT THE FACT IS, ACROSS THE STREAM, ACROSS THE, UH, THE CREEK THERE IS THE ELEMENTARY SCHOOL. AND I REMEMBER WHEN I WAS A CHILD, YOU KNOW, IN ELEMENTARY, YOU KNOW, FIND A TREE, I'LL, I'LL CLIMB IT. RIGHT? SO WE'VE SEEN EVIDENCE OF CHILDREN PLAYING ALONG THAT FOUR FEET BACK THERE. AND IF YOU'VE GOT A HEAVY FLOOD RUNNING THROUGH THERE, YOU GOT FOUR OR 5, 6, 7 FEET OF WATER RUNNING THERE AND A, A CHILD FALLS IN. THAT'S A SAFETY ISSUE IN MY MY OPINION. SO THE HOMEOWNERS ASSOCIATION, THE BOARD OF DIRECTORS, FORMED A CREEK EROSION COMMITTEE IN JULY OF LAST YEAR TO HELP SOLVE THIS PROBLEM. AND THE COMMITTEE HAS BEEN MONITORING THE EROSION AT THOSE PARTICULAR SITES IN THE SUBDIVISION AND REPORTING THOSE TO THE ENGINEERING DEPARTMENT AHEAD OF TIME. OH NO. I HAVE ONE ANNOUNCEMENT TO MAKE. CAN I MAKE THIS ANNOUNCEMENT REAL QUICKLY? VERY QUICKLY. THANK YOU. OKAY. WE HA WE, WE'VE, WE'VE JUST GONE INTO AN ENDEAVOR WITH SMU UNIVERSITY, THE LYLE SCHOOL OF ENGINEERING, AND THEY'RE GONNA HELP US WITH THE TRIBUTARY STUDY AND ASSESSMENT. THE, UH, UH, PROFESSOR JACK FURLONG WHO TEACHES THE WATER RESOURCES ENGINEERING CLASS AND PROFESSOR JOHN EASTON, WHO TEACHES THE HYDRAULIC URBAN HYDRAULIC AND HYDRAULICS CLASS HYDROLOGY. AND THE OBJECTIVE IS FOR THEM TO DO ASSESSMENT DOCUMENT GAIN, A WORLD RESOURCE, AND ALSO GAIN EXPERIENCE FOR THEIR OWN EDUCATION AND CAREERS. A STUDY WILL BE COMPLETED AND WILL BE DELIVERED TO YOU. OKAY. JUST TO BE ABLE TO ADD SOME DATA, ADDITIONAL DATA RESOURCES FOR YOU. SO THANK YOU FOR YOUR ATTENTION. THANK YOU. NEXT ITEM IS, UH, CONSENT AND REGULAR AGENDAS. MR. MAYOR, I'D LIKE TO PULL ITEM P. ANY OTHER ITEMS? YES. UH, P. P, YEAH. MAYOR, I'D LIKE TO PULL ITEM B AS A BOY. B. OKAY. AND WE ALSO HAVE A CITIZEN THAT WOULD LIKE TO PULL ITEM N WHAT? N LIKE IN NANCY. OKAY. ITEMS FOR, UH, DISCUSSION OR FUTURE AGENDAS. YES. UH, REGARDING THE, UH, STREAM BANK STUDY, I RECOGNIZE IT'S GOING SLOWER THAN WE WOULD LIKE, ESPECIALLY SINCE WE HAVE TO DO IT IN WINTER, WHICH IS ABOUT 15 MINUTES LONG IN NORTH TEXAS. UM, AND I KNOW WE'RE NOT GOING TO BE ABLE TO ASSESS, UH, THE FULL IMPACT UNTIL THE STUDY IS DONE, BUT I'D LIKE TO RECOMMEND THAT WE HAVE A POLICY DISCUSSION SOONER THAN WAITING FOR THE END OF, UH, ALL THE PROPERTIES TO BE EVALUATED. OKAY. I'LL, I'LL SECOND THAT. OKAY. ALRIGHT, WE'LL TAKE A RECESS, UH, AND RETURN AT SEVEN O'CLOCK. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.