8. Conduct a public hearing and act upon a request to amend the Future Land Use Plan from Residential Low Density to Retail and Neighborhood Services, generally located, located on the east side of Preston Road, north of St. Peter Lane. This is a companion case to Z21-0003. (CA21-0001). (DS)

[8. Conduct a public hearing and act upon a request to amend the Future Land Use Plan from Residential Low Density to Retail and Neighborhood Services, generally located, located on the east side of Preston Road, north of St. Peter Lane. This is a companion case to Z21-0003. (CA21-0001). (DS)]

NUMBER EIGHT TO CONDUCT A PUBLIC HEARING AND ACT UPON A REQUEST TO AMEND THE FUTURE LAND USE PLAN FROM RESIDENTIAL LOW DENSITY TO RETAIL AND NEIGHBORHOOD SERVICES GENERALLY LOCATED. ON THE EAST SIDE OF PRESTON ROAD NORTH OF SAINT PETER LANE. AND THIS IS A COMPANION CASE TWO CASES E 21-3 AND MR DAVID SODA WILL DO THE STAFF PRESENTATION. THIS ITEM IS FOR A COMPREHENSIVE PLAN AMENDMENT THAT WAS REQUESTED. DID YOU A ZONING REQUEST ITEM? THE REZONING REQUESTS IS THAT 13.3 ACRES FROM SINGLE FAMILY SF 15 TO PLAN DEVELOPMENT RETAIL GENERALLY UNTIL OUR OFFICE AND RETAIL DEVELOPMENT THE APPLICANT IS PROPOSING TO INTRODUCE A NEW PLAN DEVELOPMENT. WITH UM UM, PERMANENT USES DESIGN GUIDELINES ENHANCED LANDSCAPING AND AGAIN.

THIS IS LOCATED ON THE EAST SIDE OF PRESTON ROAD NORTH OF SAINT PETER'S BRAIN. IN FRONT OF YOU IS OUR FUTURE LAND USE PLAN FROM OUR COMPREHENSIVE PLAN. FUTURE LAND USE PLAN IS A GREAT TOOL THAT STAFF AND I THINK ALL OF US ARE VERY FAMILIAR WITH, UM AND BASICALLY, IT'S A GUIDING DOCUMENT. UM THIS GUIDE STAFF AND KIND OF LETS US KNOW ABOUT THE LAND USES THAT ARE APPROPRIATE WITHIN THE TOWN PROSPER. THE COMPREHENSIVE PLAN DOES ANTICIPATE THAT. THE TOWN WILL ENCOUNTER DEVELOPMENT PROPOSALS SUCH AS TONIGHT THAT DO NOT DIRECTLY REFLECT ALONG THE PURPOSE AND INTENT. OF THE LAND USE PANELS PATTERNS AS SHOWN ON THE FUTURE LANDINGS PLAN AMENDMENT. ANY REZONING REQUESTS THAT DO NOT CONFORM TO THE FUTURE LAND USE PLAN SHALL BE ACCOMPANIED BY A FUTURE LAND USE PLAN AMENDMENT, WHICH IS THIS ITEM? HERE IS THE COMPARISON OF WHAT THE REQUEST IS, UM WHAT THE FUTURE LAND USE. PLAN AMENDMENT IS REQUESTING. TO THE LEFT. YOU CAN SEE THE EXISTENCE OF FUTURE LAND USE PLAN. UM I'VE HIGHLIGHTED IN BLUE TO SHOW WHAT WAS EXISTING AND AS YOU CAN SEE, IT IS A YELLOW, UM WHICH IS BASICALLY THE LOW DENSITY RESIDENTIAL. AND THE REQUEST IN I IS TO, UM CHANGE THAT FROM A LOW DENSITY TO HAVE RETAIL AND NEIGHBORHOOD SERVICES. HERE'S SOME MORE INFORMATION OF THE LAND USE CHARACTER CHARACTERISTICS SO AGAIN FROM THE RESIDENTIAL LOW DENSITY, WHICH HAS PREDOMINANTLY, UM YOU KNOW THOSE ASSOCIATE SINGLE FAMILY ZONING DISTRICTS. TO THE PROPOSED FUTURE LAND USE PLAN ON THE RIGHT SIDE, WHICH THEN TALKS ABOUT OFFICES, NEIGHBORHOOD SERVICES, RETAIL AND COMMERCIAL. I DECIDED TO BRING THIS INTO THE STAFF REPORT. UM AGAIN, I CAN PROBABLY GET CARRIED AWAY AND IT'S REALLY INTERESTING. JUST KIND OF LOOK AT THE DATA OF HOW MUCH UM, THE HISTORY AND THE DATA THAT WE'RE GOING THROUGH IN THE CHANGES AT THE TIME OF PROSPEROUS, EXPERIENCING. BUT I JUST WANTED TO INCLUDE THIS. SO AT THE TIME OF THE 2012. UM COMPREHENSIVE PLAN TO EXPECTED CAPACITY WITH APPROXIMATELY 60,485 EXCLUDING ARTEMISIA. THE ASSUMPTION WAS 759 ACRES OF RETAIL WAS PLANNED BASED ON THAT 2012 COMPREHENSIVE PLAN. THE LATEST 2022 THE END. THESE ARE ASSUMPTIONS BASED ON THE LAND EAST ARE OF G. I S UM, BRINGS THE EXPECTED CAPACITY OF 71,000. WHICH THEN WAS ADDED ABOUT 300 ACRES OF RETAIL. UM, TO THE COMPARISON FROM THE 2012 TO 2022. AND AGAIN. 300 ACRES WERE ADDED, HOWEVER, THEY EXPECTED POPULATION WAS ALSO INCREASED AROUND ABOUT 11,000 POPULATIONS ADDED AS WELL. AS YOU ALL KNOW, WE'RE CONTINUING TO IMPROVE AND UPDATE THE COMPREHENSIVE PLAN AND I THINK WE ACTUALLY TALKED ABOUT THIS LAST NIGHT. SO IT'S DEFINITELY UM I GET THINGS JUST TO CONTINUE TO LOOK AT THE

[00:20:02]

PLANNED ESTATE THAT THE APPLICANT MAKING SUCH A PROPOSAL SHALL PROVIDE EVIDENCE THAT THE PROPOSAL MEETS THE CONSIDERATIONS AND SUPPORTS COMMUNITY GOALS AND OBJECTIVES AS SET FORTH IN THE COMPREHENSIVE PLAN. UM THE PROPOSAL MUST ALSO REPRESENT LONG TERM ECONOMIC AND SOCIAL BENEFITS FOR THE COMMUNITY AS A WHOLE, AND NOT JUST FOR SHORT TERM FINANCIAL GAIN FOR WHOEVER IS DEVELOPING THE PROPERTY. THE APPLICANT HAS PROVIDED A RESPONSE. TWO CRITERIA LISTED IN THE COMPREHENSIVE PLAN. IF YOU'LL RECALL RE DO YOU HAVE ABOUT SEVEN QUESTIONS THAT WERE INCLUDED IN THE STAFF REPORT? UM AND THEY DID PROVIDE A RESPONSE AS WELL. UM PRIOR TO OPENING THE PUBLIC AREA. THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS.

AND THIS IS THE END OF MY PRESENTATION. AND I WILL STAND FOR HIM QUESTIONS THAT Y'ALL MAY HAVE QUESTIONS FOR MR SOTO. OKAY? ALRIGHT THIS TIME WITH THE ABSOLUTE LIKE TO PRESENT OR ADDRESS THE COUNCIL. HELLO. OH MAYOR COUNCIL MAXWELL FISHER WITH HIS OWN DEB 2502 GRAND VIEW DRIVE. RICHARDSON TEXAS 75080 REPRESENTED ME MQ DEVELOPMENT. WE ARE EXCITED TO PRESENT TO YOU TODAY. I HAVE A PRESENTATION. DON'T KNOW. THERE YOU GO. EXCITED TO PRESENT THIS CASE YOU TONIGHT. IT'S A INTERESTING CHALLENGING TRACK THAT, UM, OBVIOUSLY ATLANTA USE AND ZONING IS RESIDENTIAL. IT'S BEEN A CHALLENGE THAT DEVELOPED WITHIN SUCH, UH, WE THINK WE'VE GOT A RESIDENTIAL. I'M SORRY, A NEIGHBORHOOD COMMERCIAL DEVELOPMENT THAT'S APPROPRIATELY SCALED THE WORKS WITH SOME OF THE CHALLENGING ADJACENCY. UM BIGGEST CHALLENGES. YOU KNOW, WITH RESIDENTIAL AGAIN. IT'S ON PRESTON ROAD. YOU HAVE A GREEN BELT THAT AND TOPOGRAPHY THAT'S UNIQUE ON PRESTON INTO THE NORTH , AND WE'RE TRYING TO SAVE THAT WITH A RESIDENTIAL DEVELOPMENT.

THERE ARE ALL SORTS OF CHALLENGES, AND IT WOULD ESSENTIALLY EVOLVED. FILLING THE SITE. DENSITY EYEING AND CREATING AS MANY LOTS TO BASICALLY GET A RETURN BECAUSE OF THE COST AND WORKING WITH THE NEIGHBORS. THEY DIDN'T REALLY LIKE THE IDEA OF ADDING RESIDENTIAL RESIDENTS IS RIGHT UP AGAINST THEM, AND WE THINK A RESIDENT AND NON RESIDENTIAL DEVELOPMENT WOULD BETTER ALIGN WITH FEATURES OF THE SITE. HERE'S WHAT WE'RE PROPOSING RESTAURANT AROUND THE POND SO WE'RE CREDIT AMENITY POND TRADE VALUE. THESE WILL BE SIT DOWN RESTAURANTS WITH PATIOS. WHICH I KNOW TYPICALLY ARE GREAT DRAW. WE SEE THIS AS A COMPLEMENTARY TO THE KROGER MARKETPLACE IN THE SOUTH. AND THEN FOR THE MORE I GUESS THEY'LL RETAIL MORE INFERIOR IMPORTANCE OF THE SITE AND YELLOW. WE WOULD HAVE RETAIL AND OFFICE, UM, ALLOWED IN THOSE AREAS AS A TRANSITION TO THE RESIDENTIAL TO THE EAST. SINCE THE THIS CASE CAME BEFORE THE TOWN COUNCIL AND IN THE FALL WE'VE CONVEYED ON ABOUT 2.5 ACRES TO MR BRADY COX TO CREATE SORT OF A RESIDENTIAL BUFFER. IT WILL REMAIN IN PERPETUITY WILL BE ASSEMBLED WITH HIS RESIDENTIAL LOT. UM WHICH MADE THE NEIGHBORS TO THE EAST HAPPY, BUT ALSO, OF COURSE, MR BRADY COX. UM AND THEN, UH, WE'VE ALSO SCALED DOWN THE BUILDINGS. WE BROKE UP THE THREE BUILDINGS IN YELLOW. WE'VE REDUCED SOME PERMITTED USES. WE'VE WE HAVE A SEPARATE DIRECTION. INTIAL DRIVE YOU CAN SEE IN BLUE SO HE DOESN'T SO BRADY COX DOESN'T HAVE TO DRIVE THROUGH. THE COMMERCIAL DEVELOPMENT WERE ALSO RELOCATED SOME PARKING AND DUMPSTERS AND PROVIDE SOME ADDITIONAL SCREENING. HERE'S SOME ADDITIONAL USES THAT WE HAVE FURTHER WE'VE ELIMINATED OR REQUIRE AN S. U P BASED ON NEIGHBORHOOD INPUT. I WENT OVER MOST OF THESE QUICKLY GET THROUGH THESE HAVE A TRAIL CONNECTION PER THE TOWN'S REQUIREMENTS. THEY WILL ALSO ALLOW GOLF CARTS SO WE'LL HAVE A BRIDGE WILL BUILD AN EXPENSIVE BRIDGE THAT WILL WELL CONNECT PEOPLE FROM THE RESIDENTIAL TO THE RESTAURANTS. IN ADDITION TO WALKING AND DRIVING A REGULAR CAR. HERE'S GIVES YOU THE IDEA OF THE LOOK AND FEEL OF THE DEVELOPMENT THAT WE'RE PLANNING.

I WON'T GO OVER ALL THIS. I THINK THESE ARE SOME THINGS THAT WERE CHALLENGES BEFORE, BUT IT'S ALL GOING TO RESIDENTIAL THIS. BASICALLY THE GREEN BELT THAT YOU SEE IN ALL THE TREES WILL REMAIN ON BRADY COX'S PROPERTY THAT HE'S ACQUIRING, SO I'LL WRAP IT UP THERE. UM YOU KNOW, WE THINK IT'S CHALLENGING WITH RESIDENTIAL. IT'S A BETTER SITE FOR NON RESIDENTIAL. WE HAVE DONE A PLAN DEVELOPMENT THAT MAKES IT COMPATIBLE WITH THE RESIDENTIAL ADJACENT SEAS AND ALSO PROVIDES MORE NEIGHBORHOOD SCALE AND LIMITS USES. SO WE AVOID NUISANCE USES. THE TAX BASE WILL BE OVER TWO TIMES GREATER WITH RETAIL AS OPPOSED TO RESIDENTIAL YOU HAD YOUR ADVIL ARM PROPERTY TAX, AND YOU'LL HAVE QUITE A BIT OF RETAIL TAX, PARTICULARLY FROM THE RESTAURANTS. UM AND WE HAVE ALSO A NUMBER OF CONCESSIONS WERE MADE TO THE NEIGHBORS OVER

[00:25:04]

SEVERAL MONTHS, AND WE WOULD ASK YOU TO FOLLOW TOWN STAFF SUPPORT ON THIS, AND WE APPRECIATE THEIR THEIR CHANGING AND THEIR OPINION , SO I'LL STOP THERE AND BE HAPPY TO ANSWER YOUR QUESTIONS.

WE ASK FOR YOUR SUPPORT. QUESTIONS FROM THE COUNCIL. OKAY. THANK YOU VERY MUCH. THANK YOU. ALL RIGHT AT THIS TIME. SINCE THIS AGENDA ITEM IS A PUBLIC HEARING, I'LL OPEN THE PUBLIC HEARING. AND I HAVE THREE PUBLIC COMMENT CARDS. AND WE'LL START WITH MAXWELL FISHER. OKAY YEP. AND OBVIOUSLY YOU'RE YOU'RE IN SUPPORT. DID YOU HAVE ANYTHING ELSE MORE? YOU'D LIKE TO ADD. ALL RIGHT, BRADY COX. COUNCIL MY NAME IS BRADY COX THAT 1570 NORTH PRESTON DRIVE AND PROSPER, TEXAS. AND I LIVE ON THE INFAMOUS PROPERTY THAT'S CAUSED SO MUCH ISSUES OVER THIS THING THROUGHOUT THE YEARS. BUT TO MR SILVERMAN'S CREDIT. WE HAVE. YOU KNOW, HAD OUR WE'VE HAD NEGOTIATIONS OVER THE LAST I MEAN, I WOULD GUESS A YEAR YEAR OR SO AND THEY'VE BEEN PRODUCTIVE. HAVE MY LAWYERS INVOLVED. HE'S HAD HIS. WE'VE WORKED OUT A DEAL. WE HAVE AGREEMENTS, LEGAL AGREEMENTS ON THE BACK END TO MAKE SURE THAT EVERYTHING YOU'RE SEEING HERE PRESENTED. IS DONE. THOSE HAVE ALL BEEN SIGNED, AND, UM, JUST SUBJECT TO ZONING CHANGE. SO FROM MY STANDPOINT, I FEEL TOTALLY COMFORTABLE WITH THE PLAN. I THINK SOME OF THE ISSUES WERE, OF COURSE, THE SURROUNDING NEIGHBORS LIKE IN MONTCLAIR, BUT BECAUSE OF I UNDERSTAND. I'M COMING OUT ON THE YOU KNOW. GOOD END TO THIS. I'M GETTING SOME LAND GIVEN TO ME, BUT IT WAS ALSO DESIGNED THROUGH ME AND MR SILVERMAN TO TRY TO GIVE UP A BUFFER FROM THOSE HOUSES THAT BACK UP BECAUSE NOW THEY'RE GOING. THERE'S NOTHING GOING TO BE GOING RIGHT UP AGAINST THEIR PROPERTY SO THAT WE TRY TO LEAVE YOU ALLEVIATE THAT ISSUE. UM WE'VE GOT RESTRICTIONS ON WHAT CAN BE WHAT KIND OF OFFICES OR WHAT KIND OF BUSINESSES CAN BE EVEN AT THE BACK OF THE PROPERTY NEAR NO OFFICES. UM. STAY OPEN PAST 10 PM THINGS LIKE THAT. IT'S GOING TO BE ONE STORY SO REALLY FROM A, YOU KNOW. INTRUSIONS STANDPOINT, IT'S GOING TO BE PROBABLY LESS THAN HAVING TWO STORY HOMES RIGHT THERE, OR EVEN AT THAT MONTCLAIR , RIGHT BACKING UP SO THEY WOULD ACTUALLY BE LOOKING INTO ANOTHER PERSON'S BACKYARD. AND THIS IS JUST GOING TO BE LIKE AN OPEN GREEN SPACE. SO I JUST WANTED TO SAY THAT? YOU KNOW, I HAD INITIALLY, UM. REJECTED SUPPORT THE FIRST TIME GOING AROUND BUT I'M IN FULL FAVOR AND I'VE DONE A RESCINDING LETTER. UM AND I ALSO JUST TO BRING IN TO MAKE SURE THAT THE COUNCIL WAS, UM, COMFORTABLE AT MY POSITION OF ALSO, UH, BROUGHT MY ATTORNEY TO KIND OF GIVE YOU JUST SOME BRIEF ASPECTS OF LIKE THE AGREEMENT AND WHAT'S GOING ON. WHAT ABOUT YOUR NEIGHBORS? WHAT IS THERE BECAUSE THEY DID HAVE OPPOSITION NOTED. SIX MONTHS AGO. I'M CURIOUS IF YOU'VE TALKED TO THEM RECENTLY AND I CAN I MEAN I CAN GET ONE OF THE MAJORITY OF THE UM, I MEAN, THE MAJORITY OF THE OPPOSITION THAT CAME IN WAS ACTUALLY NOT FROM THE MONTCLAIR . I THINK THE WRITTEN IT WAS ACTUALLY THE PEOPLE OVER AND FRONTIER. YOU KNOW THAT BACK UP. BUT OKAY, TO BE HONEST WITH YOU. THEIR BIGGEST ISSUE WAS THE, UM , WALKING TRAIL THE WALKING TRAILS GOING TO GO IN FOR THE PROSPER PARKS AND RECS, REGARDLESS OF IT'S GOING TO BE RESIDENTIAL OR COMMERCIAL. THAT WAS THEIR BIGGEST ISSUE, BUT WE HAVE, YOU KNOW, TALK TO MR SILVERMAN. HE IS, UM, ONBOARD WITH TRYING TO KEEP AS MANY TREES BACK THERE AS POSSIBLE, AND HE'S ACTUALLY TRYING TO WORK TO RE DO THE PLAN TO WHERE THE TRAIL DOESN'T GO RIGHT. AND BUT UP AGAINST SOME OF THEIR, UM HOUSES, BUT HE IS ACTUALLY GOING TO SPEND MORE MONEY TO BUILD A BRIDGE AND TRY TO DO THE TRAIL TO WHERE IT'S LESS INTRUSIVE TO THOSE PEOPLE. BUT I MEAN, TO BE HONEST WITH YOU. THEY WOULD PROBABLY NOT LIKE IT, EVEN IF THE RESIDENTIAL AND WE DIDN'T RESULT IT, SO THAT'S THAT'S KIND OF THE THAT WAS THE MAIN OPPOSITION. BUT I THINK IF WE TAKE CARE OF THE TREE SITUATION BECAUSE THERE'S A LOT OF LUSH, OLD, HUGE TREES DOWN BY THAT CREEK AS LONG AS WE CAN BE YOU KNOW? MINDFUL OF NOT JUST RIPPING DOWN TREES TO BE RIPPING DOWN TREES. I THINK THAT THEY'RE MORE THAN HAPPY. SO I THINK I'VE READ THE AGREEMENT, BUT I DON'T REMEMBER THE SPECIFICS ON THE TREE MITIGATION IN THERE IS THAT IN WRITING AND YOUR AGREEMENT BETWEEN YOU AND MR SILVERMAN. YEAH, I MEAN, IT'S TALKING ABOUT

[00:30:07]

, UM, TO TAKE DOWN HIS LITTLE TREE AS POSSIBLE. BUT EVEN IN THERE, SO THE AGREEMENT WITH MR SILVERMAN IS THAT THE PLAN THAT HAS BEEN SET YOU KNOW, BEFORE YOU GUYS THAT'S WHAT'S GOING.

YOU KNOW, THAT'S THAT'S THE FRAMEWORK OF WHAT WE'RE GOING TO GO OFF OF. AND IF ANYTHING, DEVIATES, I NEED TO BE INVOLVED IN IT. BUT IF YOU LOOK AT THE TREE MITIGATION PLANS KIND OF CONFUSING, BUT REALLY, YOU KNOW, WHEN I FIRST LOOKED AT IT, I HAD THE SAME LIKE MAN. WHAT ARE ALL THESE TREES, BUT IT ACTUALLY IS COLORED A LITTLE. UM HARD TO READ. BUT REALLY, IT'S JUST THERE'S THERE WERE ONLY ABOUT 3 TO 5 TREES THAT THEY AND THEY'RE TRYING TO TAKE DOWN SOME OF THE SKINNIER ONES, AND NOT THE BIG ONES. THAT KIND OF GO ALONG THE PATH, SO I THINK IT CAN BE WORKED OUT. YOU JUST CALL ME WITH SOMETHING. YOU SAID THAT YOU WOULD BE INVOLVED IN IT. IN WHAT IN? WHAT WAY? IS THAT? JUST, YOU KNOW, I MEAN, Y'ALL JUST FIGURE IT OUT OR IS THERE PRESIDENT SENT FOR THE WAY YOU'RE GOING TO DEAL WITH IT. BECAUSE EVERYTHING IS GREAT NOW.

BUT SHOULD SOMETHING GO WRONG AND YOU'LL SEE THINGS DIFFERENTLY IN FOUR MONTHS, SIX MONTHS. HOW IS THAT SUPPOSED TO BE RESOLVED? UM THIS IS WHERE YOU WANNA YOU WANNA COME UP AND KIND OF GIVE YOUR YEP. PLEASE. I'VE. I BELIEVE, ARE YOU, STEPHEN? YES YOU'RE OUR NEXT SPEAKER ANYWAY. SO MY NAME IS STEVEN, DARLING, AND I'M THE ATTORNEY FOR MR COX. UH HE HIRED THE LAW FIRM OF FB F. K IN ORDER TO NEGOTIATE AND GO TO THE AGREEMENT WITH PROSPER NORTH BY WORKING WITH THEIR ATTORNEY. WE'VE HAD REASONABLE INPUT THROUGH EVERY STAGE OF THE PROCESS. THERE IS A PURCHASE AND SALE AGREEMENT THAT'S BEEN EXECUTED BETWEEN THE TWO PARTIES AND PART OF IT DOES INCLUDE A PROVISION FOR REASONABLE INPUT FOR THINGS THAT MIGHT CHANGE IN TERMS OF THE ZONING FROM HERE ON BECAUSE WE UNDER STAND THAT WHILE THE DEVELOPMENT MIGHT BE NICE NOW IT IS TRUE THAT IT IS A LIVING THING THAT THE TOWN OF PROSPER WILL HAVE TO DEAL WITH.

NOW IT CANNOT BE REASONABLY WITHHELD. THAT IS TO SAY, IF SOME REASON, MR COX HERE CHANGES HIS MIND, IT WOULD HAVE TO BE SOMETHING REASONABLE WITHIN THAT. AND SO BOTH PARTIES ARE EFFECTIVELY PROTECTED AND WELL REPRESENTED BY ATTORNEYS IN THE PROCESS OF NEGOTIATING OUT THE AGREEMENT, SOMETHING ELSE WHICH I'D LIKE TO ADDRESS SOMETHING THAT I SPOKE WITH THE CITY ATTORNEY LAST WEEK ABOUT IS PART OF HOW WE GOT HERE WAS AN INJUNCTION THAT WAS ISSUED. BY COLLIN COUNTY DISTRICT COURT RELATING TO THE EASEMENT NOT BEING BLOCKED IN ANY MANNER BECAUSE TECHNICALLY SPEAKING, THE ABANDONMENT OF THE EASEMENT HAS YET TO OCCUR. WE HAVE TENDERED OVER TO THE CITY A FORMAL RELEASE OF CLAIM ON BEHALF OF MR COX THAT WOULD SAY THAT IT DOES SAY THAT MR COX WILL NOT HAVE ANY LEGAL ACTION AGAINST THE CITY AS IT RELATES TO THE ACCESS. HE'S BEEN IF THIS CASE IS APPROVED JUST TO MAKE IT A LITTLE BIT EASIER ON THE CITY.

THE ORDER OF OPERATIONS OF THE AGREEMENT IS NOT IN FRONT OF YOU. BUT THE CITY ATTORNEY'S OFFICE DOES HAVE A COPY OF IT IS THAT IF CITY COUNCIL SCOOPING TOWN COUNCIL DOES APPROVE THE AGREEMENT WILL ENGAGE IN OUR NEXT STEPS TO ABANDON THAT EASEMENT FORMALLY, AND THEN ONCE THAT'S RECORDED, WE WOULD GO AHEAD AND TENDER THAT OVER TO THE CITY AND KIND BUT EFFECTIVELY AFTER THIS, IF IT WAS APPROVED, WE WILL BE MOVING ON THE CLOSING FOR THE REST OF THE PROPERTY AND AGAIN PROSPER NORTH HAS BEEN VERY REASONABLE AS WE'VE GONE BACK AND FORTH THROUGH THE CONTRACT. GOOD. YEAH, GOOD WITH ME. I HAVE ONE QUESTION ABOUT THE CONVEYANCE OF THE 2.44 ACRES. THAT ACREAGE THAT'S IN, YOU KNOW, IN GREAT HERE ON THE SLIDE I'M LOOKING AT , UM THAT'S YOU KNOW, TO THE SOUTH OF YOUR ORIGINAL PROPERTY WAS ANY AND I REALIZED THE EASEMENT WAS CHALLENGE. WAS THERE ANY CONSIDERATION GIVEN ON ANY OF THAT ACREAGE TO MAKE IT LIKE OPEN SPACE OR PUBLIC OPEN SPACE? UM NO, MA'AM, OKAY. ALL RIGHT. THANK YOU. ANY OTHER QUESTIONS. I JUST WANTED TO TELL YOU TELL YOU BOTH. THANK YOU FOR, UH, WORKING YOUR WAY THROUGH. THE ALL THE DIFFICULTIES HERE, SO NOT ONLY YOU, BUT ALSO TO MR SILVERMAN.

SO THANK YOU FOR YES, COMING TO A REASONABLE ACCOMMODATION THAT WE WERE NOT AT BACK IN SEPTEMBER, SO THANK YOU FOR THAT. OKAY? THANK YOU. I HAVE NO ONE ELSE TO SPEAK ON THIS. IS THERE ANYONE WHO WOULD LIKE TO SPEAK, MR MR SILVERMAN? WELCOME TO KEEP IT TO A MINIMUM. DONALD SILVERMAN 46 22 MAPLE. EVERYBODY UM I'M EXTREMELY PLEASED. MR COX HAS BEEN GREAT TO WORK WITH.

THERE WERE SOME QUESTIONS ABOUT OPEN SPACE AND THINGS OF THAT SORT. ACTUALLY ON THE NORTH SIDE , WE'RE DEFEATING HIM A SMALL PIECE. THE REST OF THAT IS WE ARE GOING TO RETAIN IN ONE OF OUR LOTS AS AND DEDICATED, AND IT'S BASICALLY DEDICATED AS OPEN SPACE. SO ON THE NORTH SIDE TO, UH, SCREEN ANY RESIDENTIAL AH, FOR THE PIONEER, FOLKS. WE'RE LEAVING ALL THE TREES IN WE'VE MADE. WE'VE CREATED THE CONNECT CONNECTIVITY THAT THE PARKS DEPARTMENT WANTED BETWEEN HOMES

[00:35:06]

TO THE EAST AND THE PARK AND WE'RE ALSO ADDING A WALKWAY BRIDGE IN A WALKWAY SO THAT IF THEY DON'T WANT TO DRIVE HOME AFTER EATING AND DRINKING, THEY CAN THEY DON'T HAVE TRAFFIC CAN WALK. BUT UH, STAFF. COUNCIL I REALLY APPRECIATE EVERYBODY'S PATIENCE AND INPUT ON THIS. IF ANYBODY HAS ANY QUESTIONS. LET'S SEE. I'LL SIT DOWN COMMENT AS MR COX AND HIS ATTORNEY, THANK YOU FOR WORKING THROUGH THIS WHERE WE GET A REASONABLE ACCOMMODATION INSTEAD OF ANGRY NEIGHBORS ALL THE WAY AROUND, SO AND I DO BELIEVE THIS WILL WELL , NEVER MIND. I'LL STOP IT.

THANKS. THANK YOU. SIT DOWN TO THANK YOU. I HAVE A FEW QUESTIONS FOR. I THINK, PROBABLY STAFF. IF THAT'S OKAY. YOU WANT ME TO CLOSE THE PUBLIC HEARING AT THIS TIME? IF THERE'S NO ONE ELSE TO SPEAK, I'LL CLOSE THE PUBLIC HEARING AND COUNCIL. DO WE HAVE ANY DISCUSSION? COUNCILMAN BARTLEY DISCUSSION. I JUST HAVE A FEW QUESTIONS, DAVID. SORRY. OKAY SO IN THE EXHIBIT C. UNDER LIMITED LIST OF PERMITTED USES TO SAYS ALCOHOL, BEVERAGE SALES LOT ONE IN FIVE BUT I BELIEVE ELSEWHERE IN THE STAFF REPORT, AND I CAN'T REMEMBER THE TOP OF MY HEAD WHERE IT WAS THERE. THEY IT MENTIONS THAT THEY'RE WILLING TO ENTER INTO DEVELOPMENT AGREEMENT THAT PROHIBITS UM OFF PREMISE. ALCOHOL SALES, SO I DON'T HAVE AN ISSUE WITH ON PREMISE SALES.

I DO HAVE AN ISSUE WITH PACKAGED LIQUOR SELVES. YES SO I THINK WHAT THEY'RE TRYING TO DO IS THEY DER REQUESTING THAT THE BEVERAGE SELLS FOR THOSE TWO LOTS. UM, AND SO WE CAN PROBABLY JUST COME UP WITH SOME LANGUAGE THAT PROHIBITS. AND I CAN. I CAN REFER TO THE APPLICANT, BUT WE CAN MAKE SURE THAT THAT'S CLEARED UP FOR THE DEVELOPMENT AGREEMENT. NUMBER FIVE AND I KNOW HE WANTS TO SPEAK TO THAT. THAT'S GREAT, BUT I'LL JUST GO THROUGH THESE WITH YOU REAL QUICK. IF YOU DON'T MIND NUMBER FIVE, UM, ON THE BANK THAT IS IN OUR ORDINANCE, IT DOES NOT AUTOMATICALLY ALLOW A DRIVE THROUGH. IS THAT RIGHT? I KNOW IT ALLOWS THE YOU KNOW WHERE YOU GO UP AND GET YOUR MONEY OR WHATEVER, BUT IT DOESN'T AUTOMATICALLY ALLOW A DRIVER AT MOM. YEAH SORRY. THE WORD. WHAT DOES THAT WORD CALLED? APOLOGIZE YES, I BELIEVE WE HAVE THE TWO DIFFERENT TYPES OF THE ONE WITH THE DRIVE THRU ONE WITHOUT AND SO I WOULD LIKE THAT, TO SAY NO DRIVING. HERE'S THE APPLICANT IS OKAY WITH THAT, OKAY? AND THEN ONE MORE QUESTION THAT I HAVE FOR 20. WELL, SAME THING FOR NUMBER 15 RESTAURANT. LOTS ONE THROUGH SEVEN. I JUST WANT TO MAKE SURE A DRIVE THROUGH WOULD BE SCP ONLY OKAY? AND THEN 20. THEATER NEIGHBORHOOD. LOT THREE, AND IT DOES TAKE S U P BUT JUST FOR CLARITY THERE FOR A NEIGHBORHOOD THEATER. I UNDERSTAND THAT THAT COULD BE A MOVIE THEATER RIGHT? THAT SEATS UP TO 2500 PEOPLE IN OUR ORDINANCE. IS THAT RIGHT? UM I WOULDN'T TO TRIPLE CHECK THE ZONING ORDINANCE. UM CAN PROBABLY PULL THAT UP. BUT IF IT IS ACCOMMODATING AN ACTUAL THEATER, I DON'T I DON'T THINK WE HAVE. UM IT'S NOT SPECIFIED. BUT I'M MORE THAN HAPPY TO LOOK. AND SO, UM, YOU WOULDN'T WANT TO HAVE, LIKE A THEATER SMALL OR SMALL ONE. BUT I THINK WHAT ORDINANCE IF I REMEMBER RIGHT? IT ALLOWS FOR A LARGE YEAH, AND I DON'T. I DON'T THINK WE HAVE IT. I THINK THIS MIGHT BE A DIFFERENT KIND OF, BUT I'M MORE THAN HAPPY TO TRIPLE TRACK SAID YES TO THIS AND THEN, UM, THE OTHER QUESTION. THERE WAS JUST ANOTHER LITTLE THING ON THE OPEN SPACE. A FIVE IT SAYS THE AMENITY POND IN LOT EIGHT SHALL CONTAIN AN OPERABLE FOUNTAIN. THAT'S A LOT NINE. I THINK. YEAH I JUST WANT TO MAKE SURE WE WERE CLEAR ON WHERE THE WET DETENTION WAS GOING TO BE. AND THEN ON ALL THE LANDSCAPING HELP, QUITE A LOT OF STANDARDS HERE FOR THE LANDSCAPING, WHICH YOU KNOW, I LOVE. UM HOWEVER, OUR LANDSCAPING ORDINANCE HAS NOT BEEN UPDATED, AND SO BECAUSE OF THAT WE'VE TYPICALLY TRIED TO START ADDING IN THE DEVELOPMENT AGREEMENT THAT THE, UH THE DEVELOPER WOULD KEEP THE BEDS FREE OF WEEDS, TRASH AND INVASIVE GRASS. SO IF WE COULD ADD THAT THAT WOULD BE GREAT. AND THEN IF WE CAN GET CLARITY ON THE ALCOHOL SALES, THAT WOULD BE GREAT. THANK YOU. THAT'S ALL. DID YOU COPY? THAT LIST? YES. I WILL ADD APPLICANT IF YOU DON'T MIND IF HE HAD HIS AMY'S COUNCILMAN, BARCLAYS SURE SO ON THE ALCOHOL SALES, WE WOULD LIKE TO RETAIN OFF PREMISE FOR THE TWO FRONT LOTS IF WE CAN, UM THE REASON BEING IS WE WE'VE HAD SOME MENTORS IN SOME HIGH END WINE AND BEVERAGE SALES, SO 111 THING WE COULD OFFER. WHAT IF WE ONE OF THEM WAS ALLOWED BY S U P ONLY FOR THOSE TWO, SO SOMEONE HAD TO COME BACK THROUGH THE PUBLIC HEARING PROCESS YOU COULD EVALUATE THE TYPE OF OPERATION IS BASED ON WHAT I'VE HEARD AND TALKING ABOUT. DON THERE MAY BE A COUPLE A COUPLE OPERATORS THAT YOU WANT TO AT LEAST EVALUATE. I JUST DON'T WANT TO PROVE BY RIGHT? SURE. I JUST GENERALLY HAVE AN AVERSION TO WHERE WE HAVE RETAIL NEXT TO REALLY CLOSE TO POEMS. AND I MEAN, WE ARE REALLY CLOSE TO HOMES. I JUST

[00:40:06]

DON'T LOVE THAT BEING AUTOMATICALLY ALLOWED BECAUSE I JUST HAVE A FEELING THAT OVER TIME, THE NEIGHBORS MIGHT NOT APPRECIATE IT UNDERSTOOD, AND ONE OF THE REASONS WHY WE LIMITED ONLY TO THE FRONT TWO BUILDINGS WAS TO KEEP IT AWAY FROM THE RESIDENTIAL BUT UNDERSTOOD. TERRY KNOWS MY STANDARD. NON FAMILY FRIENDLY USES IN THE DEVELOPMENT AGREEMENT, LIKE TATTOO PARLORS, CASH THINGS THAT ARE YOU GOING TO ALLOW THE MESSAGE THERAPY MESSAGE THERAPY? YES IPHONE HELP . NO IT ISN'T MESSAGE. AH THE OTHER THING IS A THEATER. IT WOULD BE LIMITED BY THE SCALE AND SIDES OF THE BUILDING, WHICH WE PUT IN THE PD. SO WE'LL BE LIMITING THAT NOT BE ANY. SO WE'RE BUILDING THAT YOU HAVE THERE. GIVE ME AN IDEA OF WHAT THAT IS. IF WE SAID YES TO A THEATER, BECAUSE THAT SOUNDS SCARY TO ME, BUT WELL, IT WOULD BE A SMALL SCALE THEATER. YES THE IDEA WOULD BE SOMETHING THAT YOU FROM YESTERYEAR. UM OKAY, SO NOTHING. NOTHING LARGE BUT SOMETHING THAT WOULD BULE AN AMUSEMENT. SOMETHING UNIQUE COULD BE A PLACE WHERE YOU HAVE A PLACE, YOU KNOW. SO YOU SEE THAT IN SOME YEAH. SO, YEAH. ALL RIGHT. THANK YOU. CHILDREN'S THEATER, RIGHT? YET ONE MORE QUESTION THE BANK WE WOULD BE OKAY WITH LIMITING OR RESTRICTING THE DRIVE THROUGH ON A BANK. YEAH AS LONG AS YOU ALLOW THE A. T M. THAT'S STILL OKAY. RIGHT YEAH. OK, WALK UP. YEAH. OKAY RIGHT. COUNT COUNCILMAN CURREN. I'M STAFF QUESTIONS. HMM. LET'S HAVE A COUPLE A COUPLE OF CLARIFYING QUESTIONS. UM SO THIS WAS TABLED HERE, AND IT WAS INITIALLY RECOMMENDED NOT TO BE APPROVED BY PLANNING AND ZONING, SO THERE'S NONE OF THESE CHANGES HAVE GONE BACK OR THEY HAVE THEY HAVE NOT. UM. AND THAT'S I'M ASSUMING THAT'S THE NORMAL PROCESS. SO UM, ALSO APPLICANT.

REFERENCE IT WAS THE YOU GUYS ARE THE STAFF WAS RECOMMENDING APPROVAL. I DIDN'T SEE THAT. AND THE NOTE IS THAT? YES SO THE ITEMS THAT WERE ACTUALLY ON IS THE FUTURE LAND USE AMENDMENT.

OBVIOUSLY IT'S ASSOCIATED WITH THE ZONING, SO WE'RE KIND OF TALKING ABOUT BOTH, AND WE'LL HAVE A SEPARATE ITEM TO TALK ABOUT MORE AND I'LL KIND OF WALK THROUGH AND WE CAN KIND OF GO THROUGH THAT. BUT YES, WE DON'T TYPICALLY RECOMMEND OR HAVE A RECOMMENDATION FOR THE COMPREHENSIVE PLAN BECAUSE IT'S LISTED IN THE COMPOUND THE CRITERIA. UM BUT YES, FOR THE ZONING ITEM. WE WERE INITIALLY RECOMMENDING DENIAL. UM BECAUSE OF THE ISSUES THAT WERE ADDRESSED EVEN BY COMMISSIONERS AND SOME OF THE CONCERNED RESIDENTS, BUT SINCE, UM THEY HAVE CHANGED THAT TO MITIGATE THE USES. THEY MET WITH SOME OF THE NEIGHBORS. WE HAVE CHANGED OUR RECOMMENDATION. OKAY? AND THEN I KNOW WE'VE HEARD FROM ONE RESIDENT HAS WE HAVE QUITE A FEW OPPOSITION LETTERS IN THE PACKET STILL HAVE ANY OF THOSE BEEN REVOKED? UH THEY DIDN'T HAVE THEY HAVE NOT. OKAY THANK YOU. I THINK THERE'S JUST A COUPLE THAT HAVE BEEN CHARLES SAID. YOU HAVE SOME. CAN ANY OTHER QUESTIONS ON THIS PARTICULAR ITEM? DO WE HAVE A MOTION? MOVE APPROVAL WITH AMY'S AMENDMENTS SECOND THAT DO WE NEED TO GO THROUGH THAT YOU HAVE ALL THOSE THOSE THOSE THOSE BE BUILT INTO? THIS IS THIS IS THE BECAUSE THEY MOVE APPROVAL OF THE CHANGE IN THE COMPREHENSIVE PLAN, I'LL SECOND THAT MOTION BY CHARLES SECOND BY CRAIG ALL IN FAVOR. IT WAS HEARING FOR. YES, CHRIS. I'M SORRY. I DIDN'T THINK IT WAS ALL IN ALL OPPOSED. THANK YOU, 60.

THANK YOU. ALL RIGHT. OUR NEXT AGENDA ITEM IS ITEM NUMBER NINE TO CONDUCT A PUBLIC HEARING.

[9. Conduct a public hearing and consider and act upon a request to rezone 13.3± acres from Single Family- 15 (SF-15) to Planned Development-Retail (PD-R), generally to allow for an office/retail development, located on the east side of Preston Road, north of St. Peter Lane. (Z21-0003). (DS)]

CONSIDER AND ACT UPON REQUEST. REZONE 13.3 ACRES FROM SINGLE FAMILY 15 TO PLAN DEVELOPMENT.

RETAIL GENERALLY TO ALLOW FOR AN OFFICE RETAIL DEVELOPMENT, LOCATED ON THE EAST SIDE OF PRESIDENT ROAD NORTH OF SAINT PETER LANE, DAVID SOTO. SO THIS IS NOW THE ITEM FOR THE REZONING . UM AGAIN, THEY HAVE HAVE CREATED THEIR OWN. UM UM, PLAN DEVELOPMENT THAT INCLUDED SPECIFIC USES, AS WE JUST DISCUSSED AND DEVELOPMENT REGULATIONS DESIGN GUIDELINES.

DUE TO ITS UNIQUE CONFIGURATION AND AGAIN, I'M GOING TO KIND OF WALK US THROUGH A LITTLE BIT MORE ON THAT. WE JUST BRIEFLY, UM, WENT OVER IT, BUT I WANTED TO KIND OF MORE SPECIFICALLY TALK ABOUT IT. SO DID IT. A UNIQUE CONFIGURATION. THE APPLICANT DID PROVIDE TWO TRACKS OF LAND, WHICH IS TRACK A AND TRACK B. UM OBVIOUSLY, THERE'S BEEN SOME DISCUSSIONS WITH WITH TRACK TO BE AND NOT ONLY THAT WASN'T GONNA GOING TO BE INCORPORATED INTO THE RESIDENTIAL TRACKED. UM THAT'S BETWEEN BE THE NORTHERN SIDE AND THE SOUTHERN SIDE. UM THIS IS ALSO TO SORT OF HELP MITIGATE THE LAND USED AS ADJACENT TO THE RESIDENTIAL SO NO NEW LOTS ARE

[00:45:05]

GOING TO BE BUILT. IT'S ALL GOING TO BE CONVEYED OVER INTO THE EXISTING RESIDENTIAL TRACKED. SO THIS IS AN EXHIBIT D , WHICH IS SEVEN BUILDINGS THAT ARE CLEAR OFFICE, RETAIL AND RESTAURANTS. UM AGAIN, WE TALKED ABOUT THE TWO LOCKS BACK HERE. AND THERE'S BEEN SOME MAJOR MODIFICATIONS. I'LL BRIEFLY KIND OF WALK THROUGH. UM THIS IS A LANDSCAPING PLAN THAT WAS PROVIDED IN THE PACKET AS WELL. UM THE BIGGEST THING I WANT TO CALL OUT WAS, UM THE LANDSCAPING AS AS AS SOME OF THE CONCERNS THAT WE TALKED ABOUT TODAY, SO RECENTLY OR BEFORE WE HAD SOME CONCERNS ACROSS THE CREEK. UM ESPECIALLY WITH THE TRAIL ON THE HIKING BIKE TRAIL. THE HIKING BAG TRAIL WAS ON THE MASTER PLAN, I THINK BELIEVE SINCE 2005 AND SO THAT WAS ALWAYS THE PLAN TO CONNECT AND AGAIN WORKING. UM, YOU KNOW, UM, WAS THE APPLICANT AND THE OWNER? THEY DID LOOK AT YOU KNOW, KIND OF PLACE IT BETWEEN THE TREES THAT WERE NOT, YOU KNOW, THIS IS A BIG CLUSTER OF ISSUES HERE, AND SO THEY DEFINITELY DID A GOOD JOB TO SORT OF MITIGATE ANY OF THE KEY EFFECTS. AND THEN NOT ONLY PROVIDED ADDITIONAL LANDSCAPING TO SCREEN ANY OF THE HEADLINES BECAUSE AGAIN THERE'S RESIDENTS AND I CAN SHOW YOU UM, IN THIS SITUATION, THE RESIDENTS THAT DO YOU LIVE HERE? AND SO, UM, I JUST WANTED TO POINT THAT OUT AS WELL. UM ANOTHER THING I WANTED TO MENTION WAS THAT PREVIOUSLY UM THERE WAS A VERY LARGE BUILDING. THEY DID BREAK THAT UP TO REDUCE SOME OF THE SCALING FOR THAT BUILDING. THERE ARE SOME LOADING DOCKS THAT WE REMOVED. ALSO THERE'S ANOTHER BUILDING DOWN HERE FROM THE PREVIOUS CONCEPTUAL PLANS THAT THEY DID MOVE THAT AWAY. AND THEN THEY DID PROVIDE UM, THAT SCREEN SCREENING FOR OUR PARKS DEPARTMENT DID WORK WITH THEM TO LOOK AT HEADLIGHTS SCREENING AN ADDITIONAL BUFFERS TO SORT OF CREATE THAT MITIGATE THAT USAGE BETWEEN THE NON RESIDENTIAL AND RESIDENTIAL. WE BRIEFLY WENT OVER THIS AS FAR AS FOR THE LITTLE LIST OF PRIMITIVE USES, UM AND THE BUILDING MATERIALS, WHICH IS THAT QUICK BREAK MATERIAL THAT WAS ASSOCIATED WITH THE KROGER DEVELOPMENT. UM AND THEY WILL BE ENTERING A DEVELOPMENT AGREEMENT, AND THEN AGAIN, THEY LOOKED AT THE HEIGHT AND LIMITED ARE 21 STORY. UM THAT AGAIN STAFF HAS RECEIVED NINE PUBLIC HEARINGS. AND ORIGINALLY THIS WAS OVER THE 20% PROTESTS, BUT DUE TO THE REVISIONS AND THE, UM APPLICANT REACHING OUT TO MORE OF THE NEIGHBORS THAT WAS REDUCED TO 10% FROM A 20% 21 22% TO 10% THAT WAS AN OPPOSITION. UM PND DID RECOMMEND DENIAL OF A VOTE 3 TO 2 ADDED SEPTEMBER 20TH 2022 MILLION AND THE CONCERNS FROM THE COMMISSIONER'S WHERE REGARDING THE BUILDING HEIGHT REDUCTION. UM ADJACENCY TO THE RESIDENTS PHYSICAL DISTANCE TO THE RESIDENTS FROM THE RETAIL PROPERTY LINE. THE TREES WERE VERY IMPORTANT TO LIVING SCREEN WAS VERY IMPORTANT. UM AND THE PLANTING AND GREEN SPACE. AND SO THOSE WERE CONCERNS FROM PNC. AS YOU ALL HEARD, THERE'S BEEN A LOT OF MITIGATION AND REVISIONS TO ALL THOSE CONCERNS AND AGAINST AFTER ORIGINALLY RECOMMEND DENIAL OF THE STONING REQUESTS, UM, BUT FELT THAT AFTER THE CHANGES THAT WERE MADE FROM THE APPLICANT, UM STAFF DID RECOMMEND APPROVAL. HMM. UM AND THAT'S REALLY THE END OF MY PRESENTATION. AND THEN NOW WE'RE ON THE ZONING ITEM NOW AND AGAIN, IF YOU HAVE ANY MORE ADDITIONAL QUESTIONS FROM YOU MORE THAN HAPPY TO YES, YES. YEAH I KNOW. I KNOW THAT WILL PROBABLY TURN THIS OUT AND WE GET TO THE PLAN DEVELOPMENT AGREEMENT. YEAH BUT AS FAR AS THE TREE MITIGATION OR THE TREES, THEY'RE HEADING IN THE NORTH EAST CORNER OF THE PROPERTY. UH THOSE ARE GOING TO BE IN ADDITION TO WHAT'S ALREADY THERE ON THE PROPERTY ON TRACK BEING CORRECT. THAT'S CORRECT. OK, SO THEY'RE ADDING THERE AND THEN I WOULD GUESS THEY'RE ADDING ALONG THE SOUTHEAST AS WELL. AND THEN I KNOW THAT, UM I KNOW THERE'S A NUMBER OF TREES ALONG PRESTON THAT'S REALLY NOT AS BIG A CONCERN BECAUSE THERE AREN'T THERE WILL BE SOME MITIGATION ACTIVITY THAT'S GOING TO OCCUR THERE BECAUSE YOU'VE GOT TO BUILD. THE STORM WATER DETENTION RIGHT THERE AND THAT SORT OF THING, RIGHT? YES. YEAH AGAIN. THE AGREEMENT THAT THEY'VE MADE BETWEEN THE UM DIFFERENT PARTIES AS WELL AS THE TOWN OF PROSPER MITIGATION. SO AGAIN, IF THERE'S ANY, UM, SPECIES THAT ARE PROTECTED OVER A CERTAIN CALIBER, THERE'S A COST ASSOCIATED WITH THAT. AND OKAY, THAT'S ALL I HAD. YOU SAID THAT IT WENT FROM LIKE 20% OPPOSITION DOWN TO 10% OPPOSITION IS THAT IS THAT THE COMMENT CARDS FROM SEPTEMBER UH , SOME OF THE YES, SOME OF THE COMMON CARDS FROM SEPTEMBER THAT WAS PART OF THAT ORIGINAL ZONING. AGAIN WE DIDN'T WE DIDN'T ATTEND. THERE'S I DIDN'T . I DIDN'T SEE ANY CURRENT

[00:50:01]

OPPOSITION, RIGHT? UH SO THERE'S NINE. THERE'S A REPLY FORM ATTACHMENTS THAT I SUBMITTED. UM I THINK ANY NEW ONES THAT CAME IN. I THINK THERE'S ONE THAT GOT REMOVED OR ANOTHER ONE THAT GOT REMOVED AND THEN A SUPPORT LETTER. THOSE WERE ALL INCLUDED , BUT THAT ATTACHMENT SHOULD HAVE INCLUDED EVERYTHING. OTHER QUESTIONS FOR DAVID. THEY WILL MAKE THE ASSUMPTION THE BERMS ALONG PRESIDENT UNDERSTOOD MEETING IN THE SAME HEIGHT AS THE PREVIOUS BERMS, OKAY? ALRIGHT WITH THE APPLICANT LIKE TO PRESENT OR ADDRESS THE COUNCIL ON THIS ITEM. NO. YES.

QUESTIONS FOR THE APPLICANT. OKAY IN THAT CASE. THIS ITEM IS A PUBLIC HEARING. I'LL OPEN THE PUBLIC HEARING. IS THERE ANYONE THAT WOULD LIKE TO SPEAK ON ITEM NUMBER NINE? SEEING NONE. I'LL CLOSE THE PUBLIC HEARING COUNSEL DISCUSSION. I, UH. I'LL SAY THAT . YEAH, I'M I'M VERY MUCH LINE THERE WITH COUNSELING. BARTLEY IT'S NOT JUST HER WITH THE USES , UM WITH THE PREMISE SO I'M I'M OKAY WITH THE S U P BECAUSE WE GET TO, YOU KNOW, SEE WHAT'S COMING. UM WITH THE LIQUOR STORE JUST UP THE STREET AND YOU KNOW, KIND OF WHAT'S AROUND. IF IT WASN'T FOR THAT. NO, I WOULD. I WOULD LIKE TO STRIKE THAT, BUT BEING AN S U P I'M OKAY WITH THAT. AND WE CAN WE CAN SEE WHAT HAPPENS. BUT UM, YEAH. BASED ON THE WEIGHT OF MR COX'S, UM BEING UP HERE AND HIS APPROVAL. UM, I'M FINE. I WAS SUPPORTIVE OF THIS INITIALLY SUBJECT TO THE WORKING OUT THE ISSUES WITH THE NEIGHBOR. AND I THINK, BECAUSE I BELIEVE THIS IS THE RIGHT USE THAT IN THAT SPOT THAT SINGLE FAMILY YOU KNOW, I KNOW THEY LAID OUT A PLAN. BUT SINGLE FAMILY DOES NOT MAKE SENSE THERE TO ME. AND SO I THINK IT'S RETAIL USE, AND HE'S OFFERING SOME, YOU KNOW, TAKING ADVANTAGE OF THE RETENTION POND. I'M EXCITED ABOUT IT, TO BE HONEST WITH YOU. AND I'M A FAN OF THE KROGER CENTER. THAT'S BEEN VERY SUCCESSFUL. SO ESPECIALLY THAT SALAD AND GO OVER THERE. AH, AH , BUT BUT NO. SO I'M I'M SUPPORTIVE OF IT, AND, UH, OUR SUBJECT TO AMY'S COMMERCIAL CONCERNS. I WOULD SUPPORT IT AS WELL. ALONG ALONG THE THOSE CONCERNS FOR TERRY. SO A LOT OF RESTAURANTS NOW CAN HAVE THE PACKAGE. LIQUOR SALE. TO GO. UNDER THE CURRENT LAWS. I THINK THERE'S A YOU KNOW, LIKE CASINO CAN GO BY SWIRL MARGARITAS TO GO. THAT'S SOMETHING WE WOULD WANT OR CAN WE OUT RIGHT? THAT IN IS SOMETHING WE WANT IN OR OUT ON THAT. TEXAS THE SERVICE SO YOU CAN'T CHANGE THAT. SO IF THEY'RE GOING TO HAVE A MIXED BEVERAGE FROM PERMIT. YOU KNOW, THEY DON'T HAVE TO DO THAT. THEY CHOOSE NOT RIGHT. IS AN ONLINE TURNING ON. I'M SORRY. I DO HAVE A COUPLE OF QUESTIONS ON OR MAKE SURE WE'RE ON THE SAME PAGE AND THERE'S ONLY ORDINANCE. FIRST OF THE DEVELOPMENT AGREEMENT. THAT'S THAT'S OKAY FOR THE DEVELOPMENT AGREEMENT. I HAVE THE PROVISIONS ABOUT KEEPING UH , PLANT BEDS AND, UH, FREE OF WEEDS AND GRASS. I HAVE THIS STANDARD BUILDING MATERIALS. THE FAMILY FRIENDLY BUSINESSES. I WILL HAVE THE EXCEPTION FOR LIQUOR SALES. I SELL LIQUOR AND THEN UM, SCP? YEAH IS THAT NOT IN THE, UH, THIS EXAMINING THIS IS GOING TO BE IT WAS IN THE DEVELOPMENT AGREEMENT THAT WOULD DO THOSE OWNING JUST LIKE YEAH.

UM THEN THE LANDSCAPE PLAN WOULD BE ATTACHED AS AN EXHIBITOR. THE DEVELOPMENT AGREEMENT. I HEARD SOMETHING ABOUT OFFICE HOURS. I WASN'T SURE. YEAH HE WAS A GOOD MAN. THAT WASN'T MY DEVELOPMENT AGREEMENT. I'M NOT SURE. IT IS AS REFLECTIVE IN THE AGREEMENT SHOULD BE SPEAKING THE MICROPHONE TO AS REFLECTED IN THE AGREEMENT, THERE SHOULD BE A RESTRICTIVE COVENANT THAT SHOULD BE RECORDED AND AS IT PERTAINS TO CERTAIN BUSINESSES JUST BUTTING UP AGAINST MR COX'S PROPERTY. THERE IS A PROHIBITION ENVISIONED IN THOSE RESTRICTIONS OF I BELIEVE IT'S 10 P.M. 10 PM YES. SO IT SHOULD BE 10 PM IF MR BAILEY HASN'T GIVEN A COPY OF THE RESTRICTIVE COVENANT WE HAVE RECORDED YET THE PLAN IS TO AFTER THE ZONING IS APPROVED, BUT WE CAN CERTAINLY GIVE YOU A COPY OF THAT, SO YOU CAN MAKE SURE THAT IT MAKES SENSE TO DEVELOPMENT AGREEMENT.

[00:55:01]

ABSOLUTELY OKAY, BECAUSE THAT WOULD HAVE ANY OBJECTION TO THAT RESEARCH HAS GOVERNMENT BEING SUBMITTED TO TOWN FOR APPROVAL TO MAKE SURE CERTAINLY WE CAN WE CAN PASS THAT ON. ABSOLUTELY IT WILL HAVE NOTHING MORE THAN JUST THE SAME LANGUAGE THAT SHOULD BE IN THE ZONING ORDINANCE THAT EFFECTIVELY WAS JUST TO MEMORIALIZE THAT, THAT'S ALL BUT I CAN CERTAINLY SEND YOU A COPY, OKAY. PRIOR TO THAT DEVELOPMENT AGREEMENT, YES. YES I CAN ACTUALLY WITH MY LAPTOP IN THE BACK AND SEND IT TO YOU RIGHT NOW. THAT'S GREAT AS LONG AS THAT WORKS FOR COUNCIL THOSE ARE THE ISSUES FOR THE DEVELOPING AGREEMENT FOR ZONING. I HAD 72 SGP FOR OFF PREMISE ALCOHOL SALES AND THAT WOULD BE LIMITED TO BUILDINGS. ONE IN SIX, WHICH I THINK ARE THE FRONT TUBE TWO BUILDINGS. I WOULD I UNDERSTOOD . MY UNDERSTANDING IS ONE AND FIVE FROM THE TEXTBOOK ONE. BUT BUT, YES, YOU'VE GOT THE RIGHT OF IT THAT IT'S JUST LIMITED TO THOSE FRONT AND THEN CONSISTENT WITH WHAT COUNCIL HAS SAID BY SPECIAL USE PERMIT ONLY, AND, OF COURSE, SUBJECT TO THE TOWN COUNCIL'S APPROVAL. AND THEN, UM . THE BANDAGE. WE KNOW DRIVE THROUGHS PERMITTED TO THE BANK.

AND DRIVE THROUGHS TOTAL OR NO DRIVE THROUGHS FOR A BANK. WELL THANK OR RESTAURANT UNLESS IT'S SAYING NO DRIVE THROUGH UNLESS THEY BRING AN SUV AND I THINK THAT'S WHAT OUR ZONING ORDINANCE ACTUALLY SAYS ON THE RESTAURANT. RIGHT. THE. THE ORDINANCE PROVIDES NO DRIVER THAT DRIVES THAT REQUIRE AN S U P GET OUT, I WILL WILL MAKE SURE THAT'S IN THE ZONING ORDINANCE BECAUSE RIGHT NOW THEY JUST TALK ABOUT RESTAURANTS. SO WE'LL WE'LL MAKE SURE THAT'S IN THE IN THE ORDINANCE ITSELF. AND THEN THE BANK IS RIGHT IN NO BANK ON THE PROPERTY CAN HAVE A DRIVE THRU UNDERSTAND? I'M OKAY WITH IT AS AN S U P AS LONG AS IT MIGHT ISSUE WITH THAT IS JUST I KNOW THAT I'M NOT A TRAFFIC EXPERT. BUT MY ISSUE WITH THAT IS TRAFFIC AND QUEUING AND LANDSCAPING. SO OKAY. I MEAN, ON THE BANK JUST ON THE DRIVE THROUGH IF YOU WANT TO DRIVE THROUGH ON THE BANK YEAH. LOOK I KNOW YOU DO. YOU JUST WANT TO SEE US. I KNOW IT IS. I KNOW. I KNOW IT IS. YOU JUST WANT TO SEE US. THAT WAS ALL I HAD FOR BOTH THE AGREEMENT AND WE WANT TO MAKE SURE I GOT IT RIGHT BEFORE. AND SO IS THAT? OKAY JUST I DO HAVE ONE QUESTION ON THE HOURS BUILDING THREE. SORRY, BUILDING THREE. IT'S QUITE A LARGE BUILDING. 53,000 SQUARE FEET SO THAT BUILDING WOULD BE LIMITED TO AN OFFICE USED OR WILL BE LIMITED TO HOURS AT 10 O'CLOCK, 363 100. OH AND MR COX HAD A CONCERN ABOUT NOISE, SO WE TOLD HIM THAT WE WOULD LIMIT THE WELL, CERTAINLY THE OFFICE USES BUT UM, EVEN IF WE HAD AN ICE CREAM STORE OR SOMETHING IN THERE THAT 10 10 PM WOULD AH, PROBABLY WORK. UM SO SORRY. YEAH, LOT THREE, SAID BUILDING THREE, SAYS 12,137 SQUARE FEET, USE RETAIL RESTAURANT. 1.43 ACRES. YEAH BUILDING IS ALSO SUBJECT TO CLOSING AT 10 O'CLOCK. UNLESS WE COME BACK AT SOME POINT AND ASKED THE COUNCIL MR MR COX TO CHANGE THAT, AS I SAID, LIKELY THE RESTAURANTS WON'T BE BACK. THERE IS RETAIL RETAIL OFFICE. UM AND MOST OF THOSE FOLKS ARE CLOSED BY 10. O'CLOCK WE'RE GONNA GAMBLE. WE HAVE THE INTEREST FROM THE TENANTS. SO I THINK THAT'S ON 23 AND FOUR THAT THAT WOULD BE THE CASE. THE BUILDINGS 23 AND FOUR DON'T SEE US HAVING ANY NEED TO PUT THAT IN NARROW IN OUR DOCUMENTS THAT WILL BE IN THE RIGHT. THANK YOU SO MUCH YOU DON'T WANT IT WAS OUR STAFF BEING RESPONSIBLE FOR LOOKING AFTER 10 O'CLOCK. I DON'T WANT TO PARTY THERE. YOU HAVE EVERYTHING THAT YOU NEED. I THINK SO. ANY OTHER QUESTIONS, ANYTHING. ANY OTHER DISCUSSION? CHARLES I'M READY TO MOVE APPROVAL, SUBJECT TO MOVE APPROVAL OF THE CASE NUMBER ADAM NUMBER NINE. I BELIEVE IT IS. SUBJECT TO ATOMS THAT. OUR COUNSELOR, ESTEEMED COUNSELOR.

WELCH IS. NOTED ARE YOU TRYING TO GET AN EXTENSIVE MENTIONED IN THE YES. I WANT HOPING THAT THE PRESS IS PICKING WE DON'T HAVE PRESS ANYMORE. DO WE? WE HAVE A MOTION BY TRUMP. DO YOU NEED TO READ THAT, TERRY? PARDON DO YOU NEED TO READ THAT DID THAT OVER MOTION SECOND BY COUNCILMAN ANDRES ALL IN FAVOR. ANY OPPOSED. THANK YOU VERY MUCH. NEXT AGENDA ITEM IS A THANK YOU GUYS APPRECIATE YOUR TIME. MAYOR IF I COULD ADD ONE THING VERY QUICKLY. YES, SIR. MR SILVERMAN , MR SUMMER. I JUST WANT TO SAY, MR DARLING. WAS VERY HE WAS VERY HELPFUL IN GETTING THE RELEASE DOCUMENT ON VERY SHORT NOTICE. I JUST WANTED TO EXPRESS MY APPRECIATION TO THEM FOR DOING

[01:00:05]

THAT. THANK YOU. THANK YOU. THANK YOU TO EVERYONE INVOLVED. THANK YOU. THANKS GUYS. THANK YOU, RACHAEL ATIONS. YOU. OUR NEXT AGENDA ITEM IS ITEM NUMBER 10 TO CONSIDER AN ACT UPON

[10. Consider and act to adopt the Priorities of the Prosper Town Council from the Council’s Strategic Visioning Event(s) held on February 18 and March 20, 2023. (MC)]

ADOPTING THE PRIORITIES OF THE PROSPER TOWN COUNCIL FROM THE COUNCIL STRATEGIC VISIONING EVENT HELD ON FEBRUARY 18TH IN MARCH, 20TH. OUR TOWN MANAGER WILL DO THE PRESENTATION. WELL MAYOR, UM, HOPEFULLY, I BELIEVE OUR CONSULTANT BRETT BOWERS ON THE CALL. EXCELLENT. SO, UM BUT , UM, WHILE HE GETS QUEUED UP, UH, YOU KNOW WHAT WE WANTED TO DO TONIGHT IS KIND OF GO OVER THE MEETINGS THAT WE HAD WITH COUNSEL AND THE CONCEPTS THAT YOU ALL COALESCED ON OVER THOSE TWO MEETINGS AND THEN HOPEFULLY GET FEEDBACK FROM YOU. ALL WE'VE CAPTURED EVERYTHING IS HOW YOU ALL WANT TO LET OUT. AND IF THAT'S THE CASE BEING TAPPED, THE ASK WOULD BE THAT YOU WILL TAKE ACTION TO ADOPT THOSE PRIORITIES SO THAT THAT GETS BUILT IN AS AS OUR BASICALLY OUR WORK PLAN OVER THE NEXT OVER THE SUMMER AND REALLY OVER THE NEXT FEW YEARS AS WE BRING THINGS TO DO THE COUNCIL FOR YOU, SO, UM WITH THAT I AM. OH, THERE'S MR BAUER. AND ONCE HE GETS QUEUED UP ON HER, TURN IT OVER TO HIM AND LET HIM KIND OF GO THROUGH THE MATERIAL. AND THEN WE'LL COME BACK TO ME IF YOU NEED TO. OKAY? I AM HERE. CONNECT. CAN EVERYBODY HEAR ME? YES. WELL GOOD EVENING, MAYOR AND COUNCIL MEMBERS. I APPRECIATE YOU TAKING THE TIME AND ALLOWED ME TO PARTICIPATE IN YOUR MEETING TONIGHT. UM AS MARIO KIND OF GAVE THAT THAT BACKGROUND, YOU KNOW, I WAS TASKED, UM, SORT IT MULTIPLE WORKSHOPS WITH YOU GUYS AND ALSO THE FORMER INTERIM TOWN MANAGER AND THE TOWN MANAGER, MARIO BOTH ON FEBRUARY 18TH AND MARCH 20TH DURING THOSE WORKSHOPS. BASED ON YOUR GUYS IN DEPTH DISCUSSION. YOU KNOW THE IDENTIFIED PRIORITIES. ARE LISTED ONE THROUGH FIVE NUMBER ONE. THE ACCELERATION OF INFRASTRUCTURE TO THE DEVELOPMENT OF DOWNTOWN PROSPER AS A DESTINATION. THREE ENSURING THAT THE TOWN'S COMMERCIAL CORRIDORS ARE READY FOR DEVELOPMENT. FOUR CONTINUE TO PROVIDE EXCELLENCE AND MUNICIPAL SERVICES AND FIVE WORK TOWARDS A GROWING AND DIVERSIFIED TAX BASE . THE LONG TERM PIECE OF THIS IS TO CONTINUE EMPHASIZING THOSE ITEMS IDENTIFIED ABOVE. BUT THEN TO ALSO INCORPORATE THE ADDITION OF NEW MUNICIPAL FACILITIES TO ADDRESS THE CONTINUED POPULATION AND COMMERCIAL GROWTH WITHIN THE TOWN. AND THAT WOULD BE IN A RANGE OF 5 TO 10 YEARS OUT FROM FROM PRESENT DAY. UM THE MORE SPECIFICS HERE IN THIS PRESENTATION. I'M SHORT TERM PRIORITIES, THE ACCELERATION OF INFRASTRUCTURE TO WORK WITH THE CAPITAL IMPROVEMENTS SUBCOMMITTEE UTILIZE ALL FINANCIAL METHODS. YOU KNOW, BOND, CEOS, CAPITAL DEDICATED FUNDS AND ETCETERA, UM, THE NUMBER TO THE DEVELOPMENT OF DOWNTOWN, PROSPEROUS AND DESTINATION COLLABORATE WITH THE DOWNTOWN BUSINESS ALLIANCE GROUP CITIZEN ENGAGEMENT COMMITTEE PROSPER ABC TO INTERNET DOWNTOWN MASTER PLAN ELEMENTS. PUBLIC AND PRIVATE DEVELOPMENTS, EVENTS, ENTERTAINMENT RESTAURANTS AND RETAIL. AND MICHELLE, IF YOU WOULD PLEASE ADVANCE THIS. THANK YOU, UM, THREE, ENSURING THAT THE TOWN'S COMMERCIAL CORRIDORS ARE READY FOR DEVELOPMENT. THE U. S HIGHWAYS 3 80. AND DALLAS NORTH TOLLWAY OR PRIMED AND READY FOR FUTURE GROWTH AND DEVELOPMENT DEVELOPMENT AND ENACT A LONG TERM STRATEGIES THAT ADDRESS LAND USE, LANDSCAPING, LIGHTING AND TRAFFIC AND PRIORITIZE INFRASTRUCTURE TO MEET DEVELOPMENT DEMANDS. NUMBER FOUR CONTINUE TO PROVIDE EXCELLENT MUNICIPAL SERVICES. STRIVING TOWARDS BEING A HIGH PERFORMING ORGANIZATION. TOWN SERVICES TO BE LOOKED AT FOR CONTINUOUS IMPROVEMENT, BEST PRACTICES AND BENCHMARKING AND TO PROVIDE THE FINANCIAL RESOURCES THAT SUPPORT THESE GOALS. MICHELLE. I'VE WORKED TOWARDS A GROWING AND DIVERSIFIED TAX BASE. COLLABORATE WITH PROSPER ABC AND BE ADAPTABLE TO CHANGING MARKET CONDITIONS. AN EMPHASIS ON CORPORATE, MEDICAL AND LIFE SCIENCE SECTORS. AND ALSO UTILIZED METRICS TO CREATE RESILIENCY STRATEGIES AGAINST THE MARKET CHANGES. THE LONG TERM PRIORITIES AS I MENTIONED OR TO CONTINUE, THOSE FIVE IDENTIFIED PRIORITIES, INTEGRATE FACILITIES, PROGRAMS AND STAFFING, UM, THAT WERE NOT COMPLETED IN THE SHORT TERM PERIOD. AND THE C I P SUBCOMMITTEE PLANNING FOR FUTURE BOND AND WORK PAY AS YOU GO PROGRAMS. WITH THAT? DOES ANYBODY HAVE ANY QUESTIONS? SO YEAH, THIS LOOKS LIKE A VERY GOOD SUMMARY AND ANALYSIS OF WHAT THE COUNCIL AGREED TO. MY

[01:05:06]

QUESTION WOULD GO BACK TO MARIO AND BOB AND CHUCK AND THE STAFF. DOES THIS GIVE YOU WHAT YOU NEED TO BE ABLE TO, UH, WANT TO BUILD A BUDGET AND RUN RUN THE TOWN. ABSOLUTELY MAYOR. UH YOU KNOW, AS YOU KNOW, UH, JUST SOME OF THE COMMENTS MADE IN ITEMS MIDNIGHT. IT'S RAW WITHIN THOSE CONFINES OF THOSE THOSE KEY AREAS SO ABSOLUTELY ALLOWS US TO DO THE JOBS THAT WE NEED AND COME TO YOU ALL, OBVIOUSLY ON A REGULAR MEET ON A REGULAR BASIS TO GIVE YOU UPDATES BASED ON THE ACTIONS THAT YOU TAKE AND THE PRESENTATIONS THAT WE DO FROM WORKSHOPS, SO I THINK IT ABSOLUTELY DOES. WELL, THEN I'D LIKE TO THANK UH BRETT FOR HIS EFFORTS, MULTIPLE EFFORTS AND THIS AND FOR THE COUNCIL FOR DEDICATING THEIR TIME ON MULTIPLE OCCASIONS TO THIS, AND THEN OBVIOUSLY YOU AND THE REST OF YOUR STAFF. SO WITH THAT, I'LL ENTERTAIN A MOTION ON THIS PARTICULAR ITEM. MAKE ONE GOT A MOTION BY THE MAYOR PRO TEM MOVED TO APPROVE THE ADOPTION OF THE VISIONING PRIORITIES, AS AGREED UPON FROM THE COUNCIL STRATEGIC VISIONING EVENTS.

SECONDED BY COUNCILMAN RAY ALL IN FAVOR. WE GOT A UNANIMOUS ONE. THANK YOU. OUR NEXT AGENDA ITEM IS TO POSSIBLY DIRECT TOWN STAFFED SCHEDULED TOPICS FOR DISCUSSION AT FUTURE MEETINGS.

DO ANY COUNCIL MEMBERS HAVE ANYTHING LIKE THEY'D LIKE TO HAVE BROUGHT FORWARD? I DID HAVE ONE, UM AND I THINK. ROBIN YOU MAY HAVE ADDRESSED IT. UH MISS, UM, NEWSY, I BELIEVE. EXPRESSED CONCERN ABOUT AN EXPOSED CABLE WIRE. IN HER NEIGHBORHOOD. YES SIR. IT'S IN THE STONE. CREATE NEIGHBORHOOD. UM I DID CHECK WITH DAVID STOVER, WHO IS OUR RIGHT OF WAY AND CONSTRUCTION INSPECTION MANAGER AND HE LOOKED INTO IT. IT'S THE CABLE IS ACTUALLY LAID BY A COMPANY CALLED OPTIMUM. THEY ARE A CONTRACTOR FOR SUDDEN LINK. AND THE CABLE IS TEMPORARY CABLE THAT THEY HAVE LAID. DUE TO A CUT IN THE CABLE BY 18 T. SO THIS IS SO THIS IS TEMPORARY CABLE THAT THAT THE SUBCONTRACTOR FOR SUDDEN LINK HAS LAID. AND SO DAVID HAS REACHED OUT TO THE CONTRACTOR TO GET AN UPDATE AND ESTIMATE AN ESTIMATE ON WHEN THAT WILL BE BURIED. I HAVE NOT HEARD BACK FROM DAVID YET. I CHECKED BACK WITH HIM THIS AFTERNOON, AND I'M JUST WAITING ON A RESPONSE. SO AS SOON AS WE GET, UH, SOME KIND OF TIMELINE I'LL FOLLOW UP WITH WITH PAMELA. OKAY YEAH, I DID SEE YOU RESPONSIBLE. THANK YOU. REPLYING KUZMIN RAY IS GOING TO SAY, UM, OPTIMUM BOX SUDDENLY SO THEY'RE THE SAME COMPANY. I KNOW BY PERSONAL EXPERIENCE, BECAUSE MY ACCOUNT CHANGE STOPPED, OKAY? ALL RIGHT? YES, SIR. A COMMENT OR OR MAYBE I DON'T KNOW, BUT DIDN'T ASK HER COMMENT. FIRST OF ALL, I WANT TO THANK MANAGER FOR THE PARKING LOT, UH, ASSIGNMENT OF PARKING. I THINK IT'S A GREAT IDEA THAT YOU'RE STARTING TO THINK AS WE GO INTO NEXT FALL, BUT DOWNTOWN DOWNTOWN IS GOING TO CHANGE A LOT. ONE THING I WOULD LIKE TO ASK AS WE AS WE MOVE FORWARD, THAT WE KIND OF MONITOR HOW THAT THE PARKING SITUATION IS GOING DOWNTOWN AND NOTICE WE HAVE UM A LOT. WE HAVE A ROYAL FLEET VEHICLES AND THINGS THAT HAVE TO PARK THEIR FLEET. I THINK FLEET OVERFLOW. I MEAN, AND JUST THAT WE KIND OF MONITOR THAT BECAUSE I HAVE A FEELING ON CERTAIN DAYS. WE MAY NEED MORE PARKING. AND THE REASON WHY I BRING ALL THAT UP IS A PARKING GARAGE IS VERY, VERY EXPENSIVE TICKET ITEM. AND SO ANYTHING WE CAN UTILIZE EFFICIENCY WISE. THANK YOU FOR PUTTING THAT IN THERE. YOU'RE WELCOME. ON THAT NOTE. UM THE DESIGNATED PARKING AREAS. IS THAT A SUGGESTION? OR IS THAT TICKETED OFFENSE? STRONGLY ENCOURAGED, OKAY? OKAY? I JUST WONDERED. OKAY, TICKETS OUT. ANY OTHER ITEMS. OKAY THEN OUR NEXT

[EXECUTIVE SESSION]

AGENDA ITEM IS EXECUTIVE SESSION. TOWN COUNCIL RECESS INTO CLOSED SESSION IN COMPLIANCE WITH SECTION 551 THAT 001 OF THE TEXAS GOVERNMENT CODE IS AUTHORIZED BY THE TEXAS OPEN MEETINGS ACT TO DELIBERATE REGARDING SECTION 551.87 TO DISCUSS AND CONSIDER ECONOMIC DEVELOPMENT INCENTIVES AND ALL MATTERS INCIDENT RELATED THERE TO SECTION 551.72. TO DISCUSS AND CONSIDER PURCHASE OR EXCHANGE LEASE OR VALUE OF REAL PROPERTY FOR MUNICIPAL PURPOSES . ALL MATTERS INCIDENT RELATED THERE TO SECTION 551.74 TO DISCUSS AND CONSIDER PERSONAL MATTERS AND ALL MATTERS INCIDENT. AND RELATED THERE TO SECTION 551.76 TO DELIBERATE THE

[01:10:01]

DEPLOYMENT OR SPECIAL OCCASIONS FOR THE IMPLEMENTATION OF SECURITY PERSONNEL DEVICES ARE PROCEDURES. SECTION 551.71 TO CONSULT WITH THE TOWN ATTORNEY REGARDING LEGAL ISSUES.

ASSOCIATED WITH INTER LOCAL AND CONSTRUCTION AGREEMENTS AND ALL MATTERS INCIDENT RELATED THERE TO SECTION 551.74 TO DISCUSS APPOINTMENTS TO THE BOARD OF ADJUSTMENTS, CONSTRUCTION BOARD OF APPEALS PARKS AND REC LIBRARY BOARD PROSPER ECONOMIC DEVELOPMENT CORP BOARD PLANNING AND ZONING COMMUNITY ENGAGEMENT IN THE COMPREHENSIVE PLAN COMMITTEE AND ALL MATTERS INCIDENT AND RELATED THERE TO TIME NEXT ONE THROUGH THE DOOR. AND.

[Reconvene in Regular Session and take any action necessary as a result of the Closed Session.]

FLOOR ALL RIGHT TIME. NOW IS 8 23. WE RECONVENE BACK INTO REGULAR SESSION. ARE THERE ANY RESULTS AS A RESULT OF CLOSED TEST? YES, MA'AM. I DO HAVE TWO APPOINTMENTS TO MAKE WOULD LIKE TO APPOINT STACY KATE TO THE CITIZENS ENGAGEMENT COMMITTEE PLACE ONE. AND I'D ALSO LIKE TO APPOINT BRANDON DANIEL TO THE CPAC COMMITTEE. OKAY WE HAVE A MOTION 2ND 2ND BY MARCUS RAY ALL IN FAVOR THAT PASSES, YOU'RE GONNA GET IT. IF YOU GOT A RAZOR 442 NOTHING, PLEASE NOTE FOR THE STAFF. WE DID NOT APPOINT AN ALTERNATE TO THE EEC. AT THAT TIME NOW I'LL TAKE A MOTION TO ADJOURN. MAKING MUCH OF THE JOINT MOTION SECOND ALL IN FAVOR. WAIT, REALLY MAKING ME WATCH. WE ARE ADJOURNED. THANK YOU VERY MUCH FOR O ON BOTH. THANK YOU GUYS.

* This transcript was compiled from uncorrected Closed Captioning.

Apr 25, 2023 Town Council

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