8. Consider and act upon approving Change Order Number 02 for CSP 2022-48-B to Mario Sinacola & Sons Excavating, Inc., related to construction services for the First Street (Coit-Custer) 4 Lane project; and authorizing the Town Manager to execute Change Order Number 02 for same. (HW)

[8. Consider and act upon approving Change Order Number 02 for CSP 2022-48-B to Mario Sinacola & Sons Excavating, Inc., related to construction services for the First Street (Coit-Custer) 4 Lane project; and authorizing the Town Manager to execute Change Order Number 02 for same. (HW)]

WITH LIKE NUMBER EIGHT. YES AND I HAVE SOME QUESTIONS. I THINK FOR STAFF IF I COULD, OKAY? HEWLIN WEB TO MAKE THE PRESENTATION. THE MAYOR AND COUNCILOR. THANK YOU, UH, MY FIRST QUESTION IS. THERE IS A TOTAL COST ON THIS CHANGE ORDER OF 400. 15 SOMETHING ABOUT

[00:10:07]

THEREABOUTS AND I'M INTERESTED IN THE PORTION SPECIFICALLY RELATED TO THE REALIGNMENT OF COURTS SOUTHBOUND AT FIRST STREET. OKAY SO CAN YOU EXPLAIN KIND OF WALK US THROUGH THAT ONE? OKAY, SO THE TOTAL COST FOR CHANGE OR NUMBER TWO. THAT'S 402,870. YOU KNOW THAT? FOR THE ADDITIONAL LEFT TURN LANE. THE ADDITIONAL ASPHALT THAT WE TALKED ABOUT PREVIOUSLY TO OPEN UP THAT LEFT TURN LANE GOING SOUTH TO TURN LEFT ONTO FIRST STREET. OF THAT 402,000. THE CAUSE FOR THAT TURN, LANE IS 249,000. $520.35 OKAY, AND THAT . WILL THAT BE TURNING? JUST BE CONFIRMED THAT WILL BE TURNING INTO TWO COMPLETED LANES. UH EASTBOUND AT THAT POINT, RIGHT? IT'LL STILL BE THE INSTITUTE EXTENSION OF THIS SINGLE. UM LEFT TURN, BUT HE WILL TURN INTO AT THAT POINT. YOU'RE CORRECT. WE'LL HAVE TO EASTBOUND LANES OF FIRST STREET AND THEN THOSE THINGS COMBINED AFTER WE PASS. GOOD RAIN, ALMOST A GREENS POINT POINT. COMBINED BACK INTO ONE OKAY. AND THEN, UH CAN YOU TELL ME WHAT THE PLANS ARE? FOR THE PERMANENT IMPROVEMENTS OF THOSE OF THAT INTERSECTION. BY COLLIN COUNTY. SO THE WITH COLLIN COUNTY WARD OF THE GRANT JUST HERE RECENTLY, UM THE PLAN IS HOPEFULLY NEXT SUMMER. WILL BE USING THAT GRANT MONEY TO COME BACK AND DO THE PERMANENT IMPROVEMENTS AT THE INTERSECTION OF FIRST STREET, THE NORTH SIDE HERE. EXTENDING THIS IN PERMANENT CONCRETE AS WELL AS EXPANSION PROCESS, BETRAYAL AND ON THE SOUTH SIDE OF FRONTIER. OKAY. ALL WORKS OUT WELL WILL BE SOMETIME NEXT SUMMER FOR THAT.

YOU KNOW, TO BE HONEST WITH YOU. I WAS IN FAVOR OF THIS. INITIALLY, THE IDEA SOUNDED GREAT. REDUCE THE TRAFFIC. BUT YOU KNOW, MY CONCERNS ARE THAT WE'RE SPENDING $250,000. FOR A 12 MONTH IMPROVEMENT. FOR SCHOOLS. WHICH FOR A SCHOOL, WHICH IS BEING DELIVERED 12 MONTHS EARLIER THAN WE INITIALLY THOUGHT. WE EXPECTED THIS TO BE DONE. A YEAR LATER THAN IT IS WHEN WE FIRST STARTED TALKING ABOUT WALNUT GROVE. AH AND IT'S 275,000 FOR A 30 TO 45 MINUTE WINDOW FIVE DAYS A WEEK TO STOP THAT TRACK TO REDUCE THAT TRAFFIC, WHICH IS DRAMATIC AND IS A HEADACHE FOR ANYBODY THAT'S CAUGHT IN THAT PERSONALLY, BUT THERE ARE PEOPLE ALL AROUND THIS TOWN WHO ARE CAUGHT IN TRAFFIC. DRAMATIC TRAFFIC, MAYBE EVEN WORSE THAN THAT. IN OTHER PLACES, AND I JUST DON'T SEE A SPINNING 250,000 FOR A YOU KNOW A FIX FOR A 30 TO 45 MINUTE WINDOW FIVE DAYS A WEEK FOR ONE YEAR AND THEN IT GETS THROWN OUT. A YEAR FROM NOW THAT MONEY IS EFFECTIVELY THROWN OUT THE WINDOW. AND SO I JUST SEEMS TO ME WE OUGHT TO FIND SOME BETTER USE FOR $250,000. I CAN NAME SEVERAL INTERSECTIONS WHERE IT'S BAD OR WORSE THAN THAT. ALL DAY . NOT JUST 30 45 MINUTES IN THE MORNING. THANK YOU NOTED. YOUR GRANDKIDS ARE GOING TO ALL THE GROVE, ARE THEY? YES, I HOPE THEY DO. HEWLIN I DO HAVE A QUESTION THAT SPAN THERE OF THE NEW ASPHALT PAVING. THAT'S HOW MUCH WHAT'S THAT DISTANCE IS LESS THAN A QUARTER MILES, PROBABLY 1000 FT. 1000 FT. I THINK IT WAS LIKE CLOSE TO 800. UH YOU KNOW, WHEN WE TALKED ABOUT THIS ORIGINALLY THE COUNCIL THAT POINT I KNOW HOW THE CAPITAL DEDICATED WE ESTIMATED ABOUT 375,000 TO DO THIS, AND WE EVEN ENVISION GOING A LITTLE FURTHER. BUT THAT'S JUST THE COUNCILMAN COTTON MENTIONED JUST INSTEAD OF BEING SOMEWHAT OF A TEMPERED TEMPORARY NATURE FOR A YEAR, WE DID BRING IT BACK A LITTLE BIT INSTEAD OF LIKE TRYING TO GO SPEND THE WHOLE 3 75 THAT WAS ALLOCATED. WE DID PARED DOWN TO THE 2 50. AND SO, BUT IT IS STILL ALMOST LIKE HE SAID. ALMOST 2000 FT, SO IT WILL AND THAT'S SIMILAR TO WHAT WE SEE IN SOME OF THE OTHER INTERSECTIONS WHERE WE WANTED TO GET THE ADDITIONAL CAPACITY. AND THIS IS AND WE'VE GONE THAT, UM, KIND OF REDIRECT WITH COUNCILMAN CARTON. I AM WITH YOU ON THE PAIN OF THE 250,000. THE ONLY OTHER EXAMPLE I CAN REFERENCE IN OUR TOWN WHERE WE DID. SOMETHING SIMILAR WAS IN FRONT OF REYNOLDS OFF OF COLEMAN. PROBABLY SHORTER DISTANCE. I WILL TELL YOU, IT MAKES IT EXPONENTIAL DIFFERENCE WHEN IT COMES TO TRAFFIC FLOWS AND STACKING AND, UM THE LENGTH OF THE CARS THAT STACK UP AND PROBABLY WILL BACK UP TO PROSPER CHOKE BECAUSE IT'S A SINGLE LANE. I SHARE THE CONCERN OF THE

[00:15:05]

EXPENSE. BUT SEEING THE RELIEF THAT WAS PROVIDED BY THE EXTENSION AND THE WIDENING OF THE COLEMAN IN FRONT OF REYNOLDS, IT MADE A SIGNIFICANT DIFFERENCE. SO FOR THAT. I HATE TO SEE THIS PAST. BUT THAT WAS FOR WAS THAT FOR A LONGER TIME PERIOD, THOUGH WE DON'T HAVE ANY. THIS IS THAT WAS INDEFINITE . WASN'T IT? TIME PERIOD FOR REYNOLDS. WE DON'T KNOW THAT THAT'S GOING TO BE DONE IN A YEAR OR SO. IN FACT, WE'RE WELL PAST YEAR ALREADY, SO THAT'S MY CONCERN IS ONE YEAR. I MEAN, IF THIS WAS A IF THIS WAS 2 TO 3 YEARS YEAH, ABSOLUTELY. OR IF IT WOULD IF I WOULDN'T CLEAR ON IT THAT IT WAS GOING TO BE DONE. WE DIDN'T HAVE THE FUNDS AVAILABLE FOR IT RIGHT AWAY. THAT'S JUST MY TAKE ON IT. SO IT DIDN'T WE ASK FOR A LARGER AMOUNT INITIALLY BACK IN DECEMBER OR DIDN'T YOU GUYS ASK FOR A LARGER AMOUNT WAS THE 385,000 WHERE WE ORIGINALLY ESTIMATED? WHAT YOU'RE TALKING ABOUT COUNSELING. I THOUGHT THERE WAS. I THOUGHT IT WAS SOMETHING NORTH OF 500. IT WAS LIKE A COUPLE OF IMPROVEMENTS. WE PASSED. THAT THOSE WERE ON THE FIRST THREE PROPER STREET OVER THERE WE HAD. IT WAS 350,000 FOR THE FIRST STREET IMPROVEMENTS THAT WERE ADJACENT TO COIT ROAD AT THE NORTH SIDE. THERE DID APPROVE THE 100,000 THERE AND THEN WE HAD 250,000 ON THE EAST SIDE FROM THE NORTH SIDE OF FIRST STREET UP AGAINST CUSTER IN THAT 150,000 WAS NOT APPROVED. SO. ANOTHER QUESTION HERE ON THE LEFT. TURN LANE THERE. I THOUGHT IF I UNDERSTOOD COUNCILMAN COTTON'S QUESTION, IS IT TO LEFT HAND TURN LANES OR ONCE IT'LL BE AS AS YOU CAN SEE, A LITTLE BIT ON THIS EXHIBIT WILL STILL BE ONE LEFT TURN LANE THAT WILL GO INTO. I THINK HE WAS ASKING ABOUT THE TWO. IT'LL BE TOO LATE THAT YOU COME INTO FIRST STREET. SO I KNOW WHEN THIS WAS BROUGHT ABOUT BLUE COUNCIL MEMBER BARTLEY BROUGHT THIS UP AS A CONCERN IS NOT JUST THE LEFT TURN MOVEMENT. TO HELP WITH THE HIGH SCHOOL TRAFFIC. I THINK ONE OF THE CONCERNS WAS ALSO THE THROUGH TRAFFIC CONTINUING TO GO SOUTH GOING TO THE MIDDLE SCHOOL. BE HONEST, I WISH I WOULD HAVE MYSELF WOULD HAVE THOUGHT OF THIS BEING A, YOU KNOW AN ISSUE. I KNOW THAT WHEN SHE BROUGHT THAT UP, SO IT'S SERVING TWO PURPOSES, NOT JUST YOU KNOW, YESTERDAY IS CREATED BY THE HIGH SCHOOL, BUT IT IS ALSO GOING TO BE BENEFICIAL TO THOSE GOING SOUTH TO THE MIDDLE SCHOOL OR JUST CONTINUING SOUTH.

3 80 BIGGEST BENEFIT WILL BE TO THE PEOPLE GOING AROUND THAT NOT PEOPLE TURNING LEFT THERE BECAUSE YOU'RE STILL ONLY GET THAT NUMBER OF CARS THROUGH THE PEOPLE TURNING LEFT IN THAT ONE LANE, BUT THE BIGGEST BENEFIT PEOPLE GOING AROUND IT, LIKE, AGREE AND KNOWING THAT LAST YEAR PRIOR TO WANT TO GROW BEING OPEN THAT TRAFFIC DID BACK UP THE PROSPER TRAIL AND IT BACK TO PROSPER TRAIL ITSELF. SO YEAH. I HEAR YOUR POINT VERY MUCH, CHARLES. GET IT. I DON'T LIKE IT. UH BUT I DON'T SEE A THE TIME LOST THE POTENTIAL HEADACHES FOR PARENTS. I THINK WE'D BE WE'D BE SAVING TO WHATEVER 2 75 TODAY TOO. TO CREATE HEADACHES THAT WE WOULD NOT I WANT TO HAVE IN THE FUTURE, SO BASICALLY, I WILL SUPPORT COUNCILMAN RAY AND SAYING LET'S MOVE CONTINUE TO MOVE FORWARD WITH IT. SO WITH THAT, IS THERE A MOTION ON THIS ITEM? MAKING EMOTION. APPROVE ITEM NUMBER EIGHT. SECOND. ALL IN FAVOR. IT IS. FOUR TO THINK ALL OPPOSED. 42 THANK YOU. THANK YOU. THE NEXT ITEM IS ITEM NUMBER NINE. AND THAT WILL BE

[9. Conduct a public hearing and consider and act upon a request by St. Martin de Porres Catholic Church for a Specific Use Permit (SUP) for Temporary Buildings on 8.2± acres, located north of US-380, west of South Teel Parkway. (ZONE-23-0009) (DS)]

DAVID SOTO TO PRESENT PLEASE.

ALREADY EXCUSE ME. GOOD EVENING. THE APPLICANT IS REQUESTING A SPECIFIC USE PERMIT FOR TEMPORARY BUILDINGS. JUST WANTED TO SHOW YOU ALL A CONCEPTUAL PLAN. THAT THE APPLICANT HAS ALSO PROVIDED UM. SO AS YOU CAN SEE, IN THE POWER POINT, YOU SEE TWO TEMPORARY BUILDINGS THAT WERE REQUESTED ZONING ORDINANCE. WE DO REQUIRE SPECIFIC USE PERMIT FOR ANY PRIVATE ENTERPRISE SUCH AS DAYCARE. UM, BUT TYPICALLY THE TEMPORARY BUILDINGS FOR CHURCH ARE ALLOWED BY RIGHT AND SINCE WE DID A SPECIFIC USE PERMIT FOR A DAYCARE BACK IN 2016. UM, THE REQUIREMENT WAS A SPECIFIC EAST PERMIT. AND SO THE KIND OF THE PROCESS THAT WE HAVE TYPICALLY IS WHEN, UM AFTER THE CONSIDERATION OF THE SPECIFIC USE PERMIT. THE SITE PLAN WILL BE REQUIRED. AND DURING THAT TIME, UM THE THREE YEAR EXTENSION PERIOD WILL BE

[00:20:06]

REQUIRED AND IMPROVED BY PLANNING AND SO MEAN. AND THEN AT THAT TIME, IF THERE'S EVERY YEAR EXTENSION, IT WOULD GO BACK TO PNG FOR APPROVAL. STAFF IS RECOMMENDING APPROVAL OF THE SPECIFIC PERMIT AND I WILL STAND FOR ANY QUESTIONS. THANK YOU, DAVID. SO MY QUESTIONS ARE THE SAME QUESTIONS I'VE HAD FOR EVERY OTHER MODULAR BUILDING THAT GOES UP. YOU KNOW WHETHER IT'S A SCHOOL DISTRICT OR A CHURCH REALLY AROUND THE SAFETY OF IT. I KNOW THAT THE HIGHEST E HAVE PUT PERIMETER FENCING AROUND THEIR MODULAR BUILDINGS AND ALSO SCREENING. UM AS I UNDERSTAND HOW THIS IS ORIENTED . THIS THESE PARTICULAR MODULAR BUILDINGS WILL BE FACING 3 80.

SO YOU KNOW, I GUESS TO PART YOU KNOW WHETHER DISCUSSIONS AROUND THE SCREENING OF THEM FROM VISIBILITY OR ALSO SCREENING FROM CONCEALMENT THAT HAD PROPER WALK, RAMPS AND WHATNOT FOR A D A YES. SO I'LL REFER TO THE APPLICANT APPLICANT DOES IS HERE TO ANSWER ANY QUESTIONS, BUT, UM, FROM THE STAFF PERSPECTIVE, WE WERE LOOKING AT MORE OF THE MASTER PLAN. THEY DID TALK TO US ABOUT SUBMITTING THE NEXT PHASE OF THE CHURCH AND THE SCHOOL. AND SO WE KNOW THAT EVENTUALLY THE, UM YOU KNOW THE BUILDING THAT I GUESS NUMBER FOUR, WHICH IS THE MAIN CHURCH WILL THEN EVENTUALLY COVER UM, THE A TEMPORARY BUILDINGS. I KNOW. ORIGINALLY THERE WAS DISCUSSIONS ABOUT PLACING THESE ELSEWHERE. UM, YOU KNOW, POTENTIALLY BEHIND THE SCHOOL OR SOMEWHERE ELSE, HOWEVER, UM, I BELIEVE THE NEXT PHASE THAT THEY'RE WORKING ON IS NUMBER TWO. AND SO THAT IS WHERE THEY'RE WORKING ON THAT RIGHT NOW. I THINK THEY'RE ABOUT TO SUBMIT A SITE PLAN TO THE TOWN IN AUGUST. BUT I'LL REFER FOR THE OTHER QUESTIONS TO THE APPLICANT. THANK YOU. DAVID I JUST WANNA MAKE SURE I THOUGHT I HEARD YOU SAY, SINCE, UH, YOUR INITIAL STATEMENT WAS BECAUSE IT'S A CHURCH. WE APPROVED TEMPORARY BUILDINGS. BY RIGHT AUTOMATICALLY AS I WOULD YEAH, SINCE THE PLACE OF WORSHIP DON'T REQUIRE AN S U P. BUT SINCE WE WENT THROUGH A SPECIFIC EAST PERMANENT BACK IN 2016 FOR A DAYCARE THIS IS WHAT'S REQUIRING THE SCP FOR TEMPORARY BUILDINGS.

UM, YOU KNOW, FOUR COUNCIL, I'D ASK STAFF TO KIND OF GIVE US A GENERIC OR NOT A SPECIFIC LIST OF HOW MANY OTHER PLACES IN TOWN WE HAVE? TEMPORARY BUILDINGS AND WHAT IS CUSTOMARY, SO MARIO IS THIS APPROPRIATE TIME TO ENJOY TO ADDRESS THAT? YEAH. SO JUST, UM, THE LIST THAT WE DO HAVE UM , SO WE HAVE PRESTON WOULD AND LIKE HURT LIGHTHOUSE CHURCH, WHICH WERE BOTH APPROVED BY THE PLAN DEVELOPMENT. UM WE HAVE ANOTHER REQUEST FOR A SPECIFIC USE PERMANENT REQUEST FOR ANOTHER CHURCH FOR NOT CHURCH. BUT THE DAYCARE ASPECT OF THINGS . AND SO THAT'S WHY IT'S GOING THROUGH AN SUV. UM FOR SCHOOLS. PUBLIC SCHOOLS SORRY PLACE TO WORSHIP PUBLIC SCHOOLS WE HAVE ABOUT 20. UM EXISTING SITES THAT HAVE BEEN APPROVED BY PNC. SOME OF THEM DO YOU HAVE THE THREE YEAR EXTENSION? SOME OF THEM, ESPECIALLY WITH THE SCHOOL DISTRICT. WE RECENTLY JUST APPROVED THREE OR FOUR WITH PTSD AND AGAIN AT AT THE THREE YEAR MARK. THEY WOULD COME BACK AND REQUESTED THROUGH PNC. AND SO WE DID PROVIDE THAT LIST YOU AND IF YOU DON'T HAVE ANY SPECIFIC QUESTIONS ON THAT. SO YEAH, I GUESS SO. ONCE ONCE WE PUT IN A TEMPORARY BUILDING, IT SEEMS LIKE THERE'S SOME OF THE BUILDINGS ON THAT LIST THAT HAVE BEEN IN PLACE FOR 10 YEARS. SO THAT'S IN MY OPINION. THAT'S NOT REALLY A TEMPORARY BUILDING ANYMORE. AND I WANT TO MAKE SURE THAT THE COUNCIL UNDERSTAND THAT AND THAT'S WHERE WE WANT TO BE, OR OR DO WE NEED TO BEGIN LETTING FOLKS KNOW THAT HATE TEMPORARY BUILDING. IT'LL GO IN FOR THE THREE YEARS OR WHATEVER IT'S APPROVED FOR YOU MAY GET AN EXTENSION BUT TO GO 10 YEARS IT'S DISINGENUOUS TO SAY THAT'S A TEMPORARY BUILDING. THAT'S A PERMANENT FACILITY THAT YOU'RE YOU'RE TURNING IT INTO SO I AND IT'S NOT. THIS SPECIFIC APPLICANT THAT THE ISSUE RESOLVES AROUND. IT'S MORE OF OUR POLICY GOING FORWARD THAT I WANT TO ADDRESS SO IS THERE A UNIFORM POLICY THAT YOU'VE SEEN OR THAT WE CAN APPLY? UM SO, YEAH, SO BASICALLY WHENEVER WE GET THE REQUEST DETAILED, TEENSY AND WE HAVE BEEN TELLING THEM, YOU KNOW, HEY, THIS IS KIND OF THE REQUEST THE THIRD TIME THAT THEY HAVE SUBMITTED UM, SO WE ARE TRYING TO GET MORE INVENTORY AND PROVIDE MORE INFORMATION OF SORT OF THE TIME LAPSE OF EACH INDIVIDUAL INFANT SCHOOLS. I KNOW WE HAVE SOME FOR EVEN PUBLIC. YOU KNOW, OUR PUBLIC WORK FACILITY IS TEMPORARY. UM AND SO WE'RE JUST TRYING TO GET KIND OF PROVIDE MORE INFORMATION . SO THAT WAY IF HE NZ KNOWS THAT, HEY, THIS IS NOT THE FIRST TIME AND IT'S ALSO BEEN APPROVED SINCE 2005 OR WHENEVER THE FIRST ONE, SO THAT'S SOMETHING THAT WE ARE TRYING TO DO TO, UM, MAKE SURE THAT A TEMPORARY BUILDINGS NOT A PERMANENT BUILDING, I WOULD SAY TWO. WE HAVE PRESIDENT . THEY DON'T COMPARE THE USE TYPE, BUT WITH BATCH PLANTS WE HAVE THEM ON A BELIEVE IT'S EITHER 24 OR 36 MONTHS. DEVELOPMENT OTHER RIGHT AGAIN

[00:25:06]

EVENT WHERE THOSE ARE HAVE BEEN AS LONG THE TOLLWAY CORRIDOR AND IF WE HAD ASSIGNED A 10 YEAR DEAL WILL BE SITTING HERE IN A DIFFERENT, DIFFERENT SPOT AND A LOT OF THOSE CASES SO WE'VE DONE OTHER, UM, LIKE DEVELOPMENT AGREEMENTS BEFORE FOR LIKE A TEMPORARY ASPHALT FOR PRESTON WOULD I MEAN THAT'S SOMETHING THAT WE CAN EVEN DO? UM OR WITH A SPECIFIC USE PERMIT. WE CAN ALSO ADD IN SOMETHING THAT TALKS ABOUT WITHIN A CERTAIN AMOUNT OF YEARS AS WELL. MAYOR IF I MAY WE CAN. THIS IS A MATTER OF PROCEDURES WITH STAFF AND WE CAN I CAN WORK WITH. UH, THE TWO DAVID'S PLANNING. UH AND IF YOU WANT JUST GOING FORWARD AS WE HAVE THESE TEMPORARY FACILITIES AS THEY COME UP FROM THE PLANNING COMMISSION, AND WE'RE ALSO THROUGH THE COUNCIL JUST TO ATTACH THE LIST IS PART OF IT JUST AS PART OF A RESOURCE PART OF THE BACK UP JUST TO SEE IT SO YOU CAN KIND OF KEEP TRACK OF THOSE THINGS AGAIN UNTIL YOU ASKED IT. I DIDN'T KNOW HOW MANY WE HAD. AND SO IT'S A GOOD LIST, AND THERE'S A LOT ON THERE. BUT IT JUST KIND OF GIVES YOU CONTEXT OF THE COMMISSION AND THE COUNCIL GOING FORWARD. UM HOW MANY HAVE BEEN APPROVED APPROVED IN THE PAST. IT'S JUST ANYTHING IS INFORMATIONAL. I THINK THAT'S THAT'S A GOOD IDEA AND THE OTHERS MAKE SURE THAT WE'RE IT IS A CONSCIOUS EFFORT OF IT'S NOT GOING TO. IT'S NOT AN AUTOMATIC RENEWAL. AND SO. THAT'S THE WORDS THAT I WANT TO GET OUT IS IF YOU PUT IN TEMPORARY BUILDING, THERE'S AN EXTENSION GRANTED. YOU SHOULD BE WORKING YOUR WAY TOWARDS BUILDING A PERMANENT BUILDING OR TAKING THAT FACILITY DOWN. I THINK I ALSO WANT TO MAKE SURE WE ADDRESS COUNCILMAN REYES COMMENTS ABOUT SCREENING AND ALL OF THOSE THINGS, TOO, SO I DON'T HAVE THE APPLICANT AT THIS TIME. SO THANK YOU. GOOD EVENING COUNCIL. AUSTIN CAR 505 CONCRETE FORT WORTH, TEXAS 76102. THANK YOU. THANK YOU HERE TO ANSWER ANY QUESTIONS YOU HAVE RELATED TO THE S U P APPLICATION. YEAH I THINK SPECIFICALLY THE QUESTIONS I HAD FOR THESE BUILDINGS AND THEIR LOCATION ORIENTATION ON THE ON THE PROPERTY IS THAT THEY ARE FACING 3 80. UM, ANOTHER EXAMPLES WE'VE REQUIRED AS PART OF THE APPROVAL THAT THEY BE SCREENED AND THAT THEY HAVE PROPER ADA ACCESS. I COULDN'T SEE THAT. MAYBE IT'S THE PACKET THAT I HAD. I DIDN'T SEE THAT IN THERE. CAN YOU SPEAK TO THOSE ITEMS? SURE. SURE. I THINK FIRST , IT WOULD BE REMISS TO ADDRESS THE TEMPORARY NATURE. WE CERTAINLY UNDERSTAND IT. COUNCIL IS SENSITIVE TO, UM TEMPORARY BUILDINGS. WE ARE CURRENTLY IN DESIGN FOR PHASE TWO, WHICH YOU CAN SEE HERE. UM THAT WE PLAN TO SUBMIT A SITE PLAN IMMEDIATELY. THE CHURCH AND DIOCESES SEEKING TO HAVE THIS OPEN BY NEXT FALL. SO WE'RE AGGRESSIVELY, UH, ENTERING THE PERMITTING PROCESS.

UM REGARDING YOUR QUESTION. I THINK THAT THAT KIND OF TIES INTO THAT WE'RE REALLY LOOKING TO HAVE THESE TEMPORARY BUILDINGS FOR MAXIMUM MOVIE YEAR. UM IN ORDER TO LANDSCAPE SCREEN. I WOULD THINK WE WOULD THAT THE COST TO IRRIGATE INTO PLANT WITH OUTWEIGH THE TEMPORARY NATURE THAT SAID, WE'RE OPEN TO, UM ANY ANY DISCUSSION REGARDING, UM WHAT WE CAN DO TO SOFTEN THAT, UM UNDERSTANDING. WE ARE ADJACENT TO 3 80. NO I GET THAT AND I APPRECIATE, YOU KNOW, I'M EXCITED THAT YOU GUYS ARE ABOUT TO START NEAR NEXT PHASE. SO DON'T LET THAT BE LOST IN. YEAH, I JUST OPTICALLY. YOU WERE TRYING TO MAKE SURE THAT EVERY AREA OF THE TOWN WHETHER THERE HE PASSED AWAY AND IT'S ABOUT CONTAINERS JUST ON LOTS, YOU KNOW, MAKING SURE THAT THOSE ARE ADDRESSED AND I JUST I FEEL THAT IT WOULD BE INCONSISTENT OF US NOT TO ASK THE SAME GOING FAST OF OTHER TEMPORARY MODULAR BUILDINGS TO HAVE SOME KIND OF CONCEALMENT. IT WILL HAVE TO BE A 3 60, BUT I WOULD SAY VISUALLY FROM 3 80, IF YOU YOU KNOW, I DON'T KNOW HOW YOU'RE GOING TO STACK THEM THERE. I THINK THEY WERE GOING TO GO SIDE BY SIDE SO YOU WOULD HAVE SOME DEPTH. IT WOULD JUST BE ON THE SOUTHERNMOST PORTION THAT I WOULD BE CONSIDERING VISIBILITY WISE, SO AND THEN, UM THE ACCESSIBILITY, MAKING SURE THAT YOU KNOW THEY ARE A D A COMPLIANCE AND, UM, RAMPS. I DIDN'T SEE THAT IN THE DRAWINGS HERE, SO THAT COULD BE JUST THERE. THEY WILL BE INCLUDED. IT WILL BE INACCESSIBLE, SILLY. SO YOU'RE OPEN TO SCREENING THE SOUTHERN PORTION. I THINK IF WE CAN COME TO AN AGREEABLE, SENSIBLE SOLUTION THAT THAT LIKE I SAID, MY MAIN CONCERN IS IF WE DO ANY SORT OF PLANTING THAT WE'RE GOING TO HAVE TO INVEST IN IRRIGATION AND GETTING NEW TAPS AND ALL THE EXPENSE THAT COMES

[00:30:04]

ALONG WITH SOMETHING THAT WOULD BE THERE FOR A YEAR. UM, IF WE'RE TALKING FENCING OR SOME SORT OF BUT I HESITATE TO AGREE ON BEHALF OF THE CHURCH WE HAVE REPRESENTED FROM THE CHURCH HERE. UM I. I WOULD SAY THAT WE ARE OPEN TO WHATEVER HAS BEEN, UM THE CASE FOR ANY OTHER TEMPORARY BUILDINGS. SO WE WORKED WITH STAFF TO ADDRESS ANY COMMENTS THUS FAR, SO AFTER A COMMENT OUT THERE TO THE DEPUTY MAYOR PRO TEM I DROVE BY SEVERAL TEMPORARY FACILITIES TODAY. UH.

AND THERE WERE THEY WERE NOT SCREENED AT ALL. SO I HATE TO THERE WERE ONCE 3 80, OR THEY QUIT ROAD QUITE YOU'RE TALKING ABOUT ROGERS. YEAH I WAS TRYING TO AVOID THE NAME OF THE SCHOOL, BUT ORIENTATION, BUT YEAH, THE POINT THERE IS. YEAH SO I WANT TO BE THE FENCES IN FRONT. SO THE BACK HALF OF THE TEMPORARY BUILDING IS STILL EXPOSED TO THE STREET SO UNFORTUNATELY, SO I'M GETTING AT IS INCONSISTENT FOR CONSISTENCY. I'M WITH YOU, 100% BUT I THINK THEN WE NEED TO GO BACK AND TELL THE OTHER THAT WHOLE LIST OF TEMPORARY BUILDINGS IS ACTUALLY IT'S 20 SITES, BUT I THINK 70 BUILDINGS TOTAL, UH, THAT WE NEED THEM TO SCREEN THAT ALSO, SO IT'S NOT THE IT'S NOT THE RIGHT THAT NOT A GOOD ANSWER, BUT I WANT TO BE CONSISTENT IN WHAT WE DO. YES, SIR. SO MY QUESTION WAS THESE TEMPORARY BUILDINGS, TEMPORARY CLASSROOMS. YOU'RE BUILDING CLASSROOMS RIGHT ABOUT TO START RIGHT NOW THAT BE DONE ABOUT A YEAR. YES THAT GREAT. AND YOU YOU WAS YOUR THINKING THAT YOU MIGHT NEED TEMPORARY BUILDINGS FOR ABOUT A YEAR. CORRECT. UM SO WHY IS THE INITIAL I GUESS. TIME LIKE THREE YEARS. I BELIEVE THAT'S JUST WHAT THE CITY STANDARD IS FOR THESE S U P APPROVALS. OKAY IS THAT THAT'S PROBABLY A DAVID QUESTION, OKAY? IS THAT TRUE, DAVE? YES SO WE DO HAVE THE THREE YEAR EXTENSION FOR TEMPORARY BUILDINGS. OKAY, BUT YOU DON'T THINK YOU NEED THAT LONG. JUST REASON I'M ASKING IF IT'S AND I GET MAYBE A YEAR RUNDLE OVER. BUT COULD WE SHORTEN THAT TO TWO YEARS AND THEN COME BACK FOR ONE YEAR INCREMENTS IF NECESSARY, INSTEAD OF LEAVING IT OPEN FOR THREE. YEAH, SO WE MAY NEED TO ACT. WE COULD POTENTIALLY ADD SOMETHING IF YOU WANTED TO. I THINK THE REASON WHY WE TALKED TO THEM WAS JUST TO GIVE HIM SOME ROOM IF IT'S LIKE A YEAR OR MATERIALS, AND I MEAN AGAIN. IT'S JUST TEMPORARY BUILDINGS, BUT, UM, IF THAT'S SOMETHING THAT COULD BE REQUESTED, AND WE CAN LOOK AT THAT OKAY. DID YOU FEEL TWO YEARS IS ENOUGH? I'M GETTING AHEAD. NOT FROM FROM THAT WOULD WORK. OKAY IF THAT'S POSSIBLE, I'D LIKE TO JUST SHORTEN IT. THREE YEARS IS A LONG TIME. UM, ONE YEAR. YEAH BRING IT BACK DOWN TO TWO YEARS AND THEN WITH JUST WITH ONE YEAR RENEWALS IF NEEDED, WE CAN SEE WHERE WE'RE AT AT THAT TIME. DON'T MAKE IT MUCH. UM. I THINK I SUGGEST YOU OPEN A PUBLIC HEARING JUST IN CASE THE WISHES TO SPEAK. OKAY? THANK YOU. THIS TIME I WILL OPEN A PUBLIC HEARING ON ITEM NUMBER NINE TO CONSIDER ACT UPON A REQUEST. BY THE CATHOLIC CHURCH FOR SPECIFIC USE PERMIT FOR TEMPORARY BUILDINGS ON 8.2 ACRES LOCATED NORTH OF 3 80 WEST OF PARKWAY. IS THERE ANYONE ELSE WHICH IS TO SPEAK ON THIS PARTICULAR ITEM? HEARING NONE OF CLOSE THE PUBLIC HEARING EXCEPT EMOTION FROM COUNCIL MEMBER HODGES. HERE. UM THANK YOU, TERRY. YEAH LET ME JUST I'LL MAKE A MOTION TO OTHER AGO I MOVED TO APPROVE. A REQUEST FOR AN S U P BY SAINT MARTIN DE PORRES CATHOLIC CHURCH FOR TEMPORARY BUILDINGS ON A 0.2 PLUS OR MINUS ACRES LOCATED NORTH OF US 3 80 WEST OF SOUTH TEAL PARKWAY, NOT TO EXCEED TWO YEARS WITH A ONE YEAR EXTENSION ONE YEARS EXTENSION. WHEN YOUR RENTAL OKAY, WE HAVE MOTION.

I'LL 2ND 2ND BIKE COUNCILMAN RAY ALL IN FAVOR. AND THAT MAN MOTION PASSES UNANIMOUSLY. THANK YOU VERY MUCH. THANK YOU. THANK YOU. AT THIS TIME, WE'LL MOVE ON TO CITIZENS COMMENTS. THE PUBLIC

[CITIZEN COMMENTS]

IS INVITED TO ADDRESS THE COUNCIL. ON ANY TOPIC. HOWEVER THE COUNCIL IS UNABLE TO DISCUSS OR TAKE ACTION ON ANY TOPIC NOT LISTED ON THIS AGENDA. PLEASE LIMIT YOUR COMMENTS TO THREE MINUTES. IF MULTIPLE INDIVIDUALS WISH TO SPEAK ON THE TOPIC. THEY MAY YIELD THERE THREE MINUTES TO

[00:35:04]

ONE INDIVIDUAL POINTED TO SPEAK ON THEIR BEHALF. ALL INDIVIDUALS YIELDING THEIR TIME MUST BE PRESENT AT THE MEETING IN THEIR POINTED INDIVIDUAL BE LIMITED TO A TOTAL OF 15 MINUTES. I DO BELIEVE WE HAVE SOMEONE HERE TO ADDRESS THE COUNCIL. AND, UH, TO FOLKS. YOU KNOW, MICHELLE, IS THERE A PARTICULAR ORDER? RT. RT SAYING HI. GOOD EVENING. HI MY NAME IS RD. SANDY AND I'M A RESIDENT ON SHARK RAIL COMMUNITIES. AND I WANTED TO THANK ALL OF YOU FOR GIVING ME THIS OPPORTUNITY TO BRING TO YOUR ATTENTION. ABOUT A VICIOUS DOG, WHICH HAS CREATED HAVOC AND STOP HIM. HE HAS, UH INJURED. LOT OF PETS AND HUMAN BEINGS. LIVING IN STARK INCOME COMMUNITIES. AND WE STRONGLY BELIEVE. THAT IT WAS DUE TO MIRROR NEGLIGENCE OF THE OWNER AND THE AGGRESSIVE NATURE OF THE DOCK. CAN I HAVE THE. AS YOU CAN SEE, IN THE FIRST SLIDE THE RED SPOTS. THEY ARE. IN ONE AREA. THAT'S ONE STREET. WHERE THREE NEIGHBORS. THEY WERE ATTACKED BY THIS DOG. AND THEY WERE INJURIES TO THE DOGS. THE PETS AND TO THE HOMEOWNER. AND THEN YOU SEE ANOTHER SPOT NEAR THE AMENITIES CENTER. WHICH IS VERY CLOSE TO PLAYGROUND. IN THE COMMUNITY.

AND THAT'S WHERE THERE WAS ANOTHER ATTACK. OOPS. HOW DO I GO? OKAY? AND THESE WERE. THE VICTIMS OF THIS ATTACK. THERE ARE FIVE MEMBERS LISTED, AND ONE OF THEM IS ANONYMOUS. I HOPE I'M DOING IT, RIGHT? YEAH. ON JUNE JULY, 3RD SHALL ISH AND ABILITY TO THEY TOOK THEIR DOG OUT FOR A WALK. AND UNFORTUNATELY THIS DOG WAS NOT ON A LEASH. HE WAS OPEN IN THE AREA. HE CAME CHARGING AND ATTACKED LACEY. HE BASICALLY GRABBED HER NECK AND INJURED HER. TREMENDOUSLY AND THEN CHILL ISH WAS ABLE CHELATION WERE ABLE TO FLEE THEIR DOG. AND WENT RUNNING TOWARDS THE MAIN DOOR.

AND THIS DOG DID NOT STOP THERE. HE CAME CHARGING BEHIND THEM, AND HE BIT SHALL ISH. ON HIS FINGERS ON THE LEFT HAND AND ON THE RIGHT ARM. AND SO THIS HAPPENED? NOT ONCE IT HAS HAPPENED FIVE TIMES. WHICH REALLY TRIGGERED US TO COME AND MAKE THIS PRESENTATION. WE STRONGLY BELIEVE THIS DOG IS A THREAT TO THE COMMUNITY AND THE ALL MEMBERS LIVING THERE FEEL VERY UNSAFE. THAT'S HARD IS ALWAYS THERE IN THE MIND. WHAT IF I HAVE STOPPED GOING FOR WALKS. TELL YOU THE TRUTH. SO ON JULY 3RD. THEY WERE TAKING THEIR DOG FOR A WALK, AND LACEY WAS INJURED BY THIS DOG NAMED AH, DON'T FORGETTING HIS NAME. SMOKE. AH! SHE WAS INJURED IN HER STOMACH IN HER BACK. AND VARIOUS OTHER ATTACKS ON HER BODY. AND SHELLEY WAS BIT BY THE DOG ON THE LEFT HOME AS YOU CAN SEE IN THE PICTURE. AND THERE WERE SEVERAL OTHER BRUISES TO BOTH SHALL ISH AND HIS WIFE ARE BELORUSSIA. ON THE LEFT PICTURE IS THE PUNCTURE IN THE STOMACH.

THE SECOND PICTURE IS THE, UH THE ATTACK ON THE BACKSIDE. THAT'S A BILL ASHA'S FINGER. LEG THAN THE THUMB AND SO FORTH. VICTIM NUMBER. TWO ON JUNE 23 2023, WHICH WAS ALMOST THREE WEEKS EARLIER THAN THAT. AH! TAYLOR WAS WALKING HIS DOG. AND THIS DOG WAS UNLEASHED. CAME CHARGING TOWARDS THE DOG. AND HE WAS ATTACKED. DARBY HAD TEETH, PUNCHES TO THE LEG AND CHEST.

AND SCRAPE FROM SMOKES. PAUSE. AND BURNS FROM DERBIES LEATHER LEASH. THE INJURY TO TAYLOR WAS

[00:40:06]

ABRASIONS ON HIS KNEES AND HE WAS PULLED AND HE HAD A LOT OF OTHER BRUISES ON HIS BODY.

VICTIM NUMBER THREE. THEY WANT TO BE ANONYMOUS. THIS DOG AGAIN ATTACKED. AND HIS HEAD WAS PUNCTURED. AND HE GOT I AM BRIDGE. VICTIM NUMBER FOUR. BARBARA WHO IS HERE IN THE AUDIENCE, WHO WOULD ALSO LIKE TO SAY A FEW THINGS. LAST YEAR ON JULY 4TH. THEY WERE WATCHING FIREWORKS ON THE DRIVEWAY. AND THEIR DOG WAS ON THE LEASH. AND SMALL, SO MANDY AND CAME CHARGING. JERRY, HER HUSBAND. SOMEHOW WAS ABLE TO SAVE MONEY. BUT UNFORTUNATELY HE HAD A LOT OF BRUISES ABERRATIONS BECAUSE HE WANTED TO SAVE HIS DARK. VICTIM NUMBER FIVE. IN DECEMBER.

2021. RYAN WAS WALKING HIS DOG, WHICH IS NEAR THE IMMUNITY CENTER. AND WHICH IS NEAR THE PLAYGROUND WHERE THE KIDS PLAY ALL THE TIME. RYAN AND REMY THEIR DOG. THEY WERE RETURNING FROM THERE, WALK WHILE THEY WERE ON THE SIDEWALK. CLOSE TO THE BICYCLE DRAG THIS DOG. WAS WITH AGGRESSIVE NATURE. HE WAS ABLE TO UNLEASH HIMSELF RUN TOWARDS THE DOOR AND ATTACK THE DOG. AND HE SMOKE WAS ABLE TO MANAGE AND BY THE YEAR OF THE DOG NOT ACCEPTABLE. AND RYAN GOT TANGLED TO HIS DOG'S LEASH AND WAS THROWN TO THE GROUND. AND IN THE PROCESS, HE INJURED HIMSELF. WE AS COMMUNITY MEMBERS, WE PUT A PETITION TOGETHER AND WE HAVE 215 SIGNATURES. AND ALL WE ARE ASKING ALL OF YOU TO HELP US. REMOVE THIS AGGRESSIVE DOG FROM OUR NEIGHBORHOOD, PROMINENT WE DESERVE TO FEEL SAFE IN THE COMMUNITY. WITHOUT THE THREAT OF REPEATED ATTACKS ON PETS AND US WE'D LIKE TO HAVE SOMETHING DONE BEFORE THE NEXT EPISODE HAPPENS AND EFFECTS ANYBODY IN THE COMMUNITY. AND I ALSO WANTED TO MENTION IN THE PAST THE OWNER OF THE DOG. HAS PROMISED THAT HE IS GOING TO RE HOME THE DOG. UNFORTUNATELY IT HASN'T HAPPENED IN THREE YEARS. AND I DON'T THINK SO. IT'S GOING TO HAPPEN AGAIN. THOSE ARE DOG IS AN ANIMAL CONTROL RIGHT NOW, BUT HE WOULD BE RELEASED ON 10TH OF THIS MONTH. IT IS NOT TOO FAR AWAY. AND WE ARE ALL VERY CONCERNED. WE NEED YOUR HELP. THANK YOU. I DON'T HAVE A COMMENT FORM FOR YOU, BARBARA.

SO PART OF THE GROUP. THANK YOU . MY NAME IS BARBARA. LIEUTENANT I LIVE AT 96 WHEN I HOPE I REMEMBER GRASSROOTS SURELY PROSPER. I'VE LIVED HERE SINCE 20. THE END OF 2018. AND. MY HUSBAND AND I. HE'S RETIRED MILITARY. WE'VE LIVED ALL OVER THIS COUNTRY. I'VE ALWAYS HAD A DOG AND HAVE ALWAYS WALKED IT. HERE IS THE FIRST TIME I FOUND OUT THAT WALKING DOGS IS NOT SAFE. BE OKAY IN A MINUTE. IN JULY OF LAST YEAR. I ARRANGED TO HAVE A GROUP OF MY FRIENDS GATHER MY DRIVEWAY TO WATCH THE OF FIREWORKS AT THE TOWN OF PROSPER PUTS ON I KNEW THE DOG NEXT DOOR TO ME HAD BITTEN TWO DOGS PREVIOUSLY. BUT I HAD MY DOG AND I LEAVE AND MY HUSBAND AND I WERE SITTING DOWN AND I THOUGHT WE WERE SAFE. MY HUSBAND HAPPENED TO LOOK TO HIS LEFT.

AND SMOKE WITHOUT AND WITHIN SECONDS. SMOKE TURN MIRANDA, LET THE HILL AND APPROACHED MY DOG.

MY HUSBAND PUSHING ANDY AND ME OUT OF THE WAY, AND HE GRABBED THE COLLAR OF SMOKE. MY HUSBAND WAS DRAGGED ACROSS THE PAPERS IN OUR DRIVEWAY BECAUSE SMOKE HOLD HIM DOWN. ONE OF THE OTHER GENTLEMAN THERE WAS ABLE TO ALSO GRAB THE COLLAR. PERSONAL BACK WHILE HIS DAUGHTER IN LAW GOT MY

[00:45:01]

DOG IN THE HOUSE. I NEVER EXPECTED IT. I NEVER HAD SEEN THAT COMING. THAT WAS ON THE SATURDAY IT WAS. I COULDN'T I CALLED THE POLICE DEPARTMENT AND REPORTED IT AND THEY SAID MY DOG HAD NOT BEEN BITTEN SO THEY COULDN'T DO ANYTHING. THE NEXT DAY I CALLED ANIMAL CONTROL AND THEY WERE SO BUSY BECAUSE OF FIREWORKS IN THE JULY 4TH WEEKEND. THEY JUST TOOK A NOTE.

BUT SHE SAID SHE COULDN'T DO ANYTHING. AND TUESDAY. I GOT A NOTE. I MEAN, I COUGH FROM SALLY AT ANIMAL CONTROL. SHE HAD READ THE REPORT. AND SHE SAID, KNOCKING SOMEONE TO THE GROUND.

IT IS. SEVEN IS AGGRESSIVE. THE DOG CAN BE INVESTIGATED AND WE CAN DETERMINE WHETHER OR NOT TO MAKE THAT. THAT NAME OR WHATEVER. SO SHE SENT OUT AN INVESTIGATOR WHO CAME TO OUR HOUSE LOOKED AT WHEREVER HE DID IT HAPPEN. AND TALK TO MY HUSBAND LOOKED AT HIS ARMS. LOOK AT HIS ARMS AND THE INVESTIGATOR WENT NEXT DOOR WHERE HE TALKED TO THE DOG OWNER'S WIFE. HE TALKED TO HER AND ASK QUESTIONS . I DON'T KNOW WHAT WENT ON, BUT HE TURNED THAT DOG AGGRESSIVE.

AND THEY HAD TO BUILD SPECIAL HOUSING IN THEIR BACKYARD. KEEP THAT DOG WHEN IT WAS OUTSIDE.

BUT WHAT? I DIDN'T KNOW THAT AND I KNOW NOW IS THAT DOG COULD BE IN THE HOUSE. AND THE DOG DIDN'T GET OUT OF THE YARD. I THINK UNTIL THE LAST INCIDENT, IT CAME OUT THE FRONT DOOR. THE DOG WAS TERMED AGGRESSIVE AND THEY HAD TO DO SOMETHING ABOUT IT. NOW. THAT WAS ON A WEDNESDAY, RIGHT? HONESTLY THURSDAY MORNING I WAS SITTING IN MY OFFICE. AND I HEARD TREMENDOUS POUNDING OF MY FRONT DOOR. I HAVE A DOORBELL. BUT THE DOOR WAS ALMOST SHAKING . IT WAS BEING POUNDED ON SO HARD. AND IT HAPPENED TO BE MY NEXT DOOR NEIGHBOR. HE YELLED AT , AND HE THREATENED ME TOLD ME I BETTER WATCH MY BACK. AND HE WOULD NEVER SUPPORT ANYTHING I WANTED TO HAPPEN IN THE NEIGHBORHOOD, AND HE DID IT FOR AT LEAST 5 TO 10 MINUTES. MY HUSBAND WAS IN THE BACK OF THE HOUSE. I THINK HE NEEDS A HEARING A HE FINALLY CAME FORWARD. AND. FINALLY CAME FORWARD. AND JASON WANTED HIM TO COME OUT AND SPEAK LIKE A MAN. TALK TO ME LIKE A MAN. THIS WERE UP. THE FIFTH STEP, POUNDING MY DOOR SO HARD THAT IT HAD TO BE REALIGNED. ONCE HE LEFT BARBARA . BARBARA I'M GONNA ASK IF WE STOP AT THAT POINT HERE, AND I'M GONNA LET OUR TOWN MANAGER ADDRESS SINCE THE COUNCIL CAN ADDRESS YOUR COMMENTS. THE TOWN MANAGER HAS PREPARED A FEW ITEMS AND HE'D LIKE TO MAYBE ADDRESS SOME OF THOSE A ONE MORE THING HAPPENED RECENTLY. YOU KNOW THE ATTACK ON THEIR DOG? THEY LIVED ONE HOUSE DOWN. I WAS COMING BACK TO MY HOUSE WITH MY DOG THAT EVENING. THEY WERE LEAVING FOR THEIR WALK. I HEARD HER SCREAM. I GAVE MY LEASH TO MY HUSBAND AND I RAN DOWN THERE AND I SAW THAT DOG IN THEIR YARD. AND WHAT I WANT TO CONFESS. IS A MATERIAL ABLE PERSON. BECAUSE. HAD I COME HOME A FEW SECONDS. EARLIER MY DOG WOULD HAVE COULD HAVE BEEN A VICTIM. THEIR DOG WAS STILL IN THE HOUSE. I WAS GLAD. THAT IT WAS THEIR DOG AND NOT MINE. I WENT DOWN THERE AND TRIED TO HELP, BUT I BECAME THAT CLOSE TO HAVING TO GO THROUGH IT AGAIN. AND I'M SORRY. I HAVE LIVED IN FEAR. EVERY DAY I GO OUT OF MY FRONT YARD AND I LEAVE FOR A WALK WITH MY DOG. AND WHEN I COME BACK, AND I'M REALLY TIRED OF DOING THAT, THANK YOU VERY MUCH. MR MR KEN'S OURS WOULD ADDRESS WHAT YOU CAN AT THIS POINT. ABSOLUTELY MAYOR, MEMBERS OF COUNCIL MEMBERS OF THE COMMUNITY AND AGAIN THANK YOU. FOR THOSE THAT CAME AND SPOKE THE PRIVILEGE OF MEETING WITH MISS NUGENT YESTERDAY AFTERNOON. UH AND SHE CONVEYED HER CONCERNS AS SHE JUST CONVEYED HERE JUST A MOMENT AGO, MET WITH STAFF THIS MORNING.

FIRST THING THIS MORNING TO TALK THROUGH, UH, THE CONVERSATIONS ABOUT THE POTENTIAL PRESENTATIONS WILL BE MADE TODAY AND SO MET WITH MY HEALTH MANAGER, MUNICIPAL COURT

[00:50:04]

ADMINISTRATOR. UH JUST GIVE THE COUNCIL ON THAT DATE AND THOSE HERE THE DOG IN QUESTION IS UNDER QUARANTINE WITH ANIMAL CONTROL. DOWNTOWN ANIMAL CONTROL SORT OF QUARANTINE ON THE 13TH OF JULY ABOUT 8 P.M. BUT BECAUSE THEY'RE CLOSED ITS UNTIL THE 14TH OF JUNE. SO ON FRIDAY, UM BUT IN REGARDS TO THE PROCESS, THERE IS A MUNICIPAL COURT PROCESS THAT RESIDENTS CAN GO THROUGH FROM A DANGEROUS DOG. AND SO I ASKED OUR COURT ADMINISTRATOR ALONG WITH OUR PROSECUTOR TO PUT A SUMMARY OF AND IN THE FORMS THAT'S REQUIRED . AND SO WE'VE PROVIDED COPIES OF THE PACKET TO THE GROUP TODAY, AND SO REALLY? AT THE END OF THE DAY. WHAT WE NEED IS WE NEED SOMEONE TO FILL OUT THE FORM. UH, BEING PRESCRIPTIVE AS THEY CAN. IT'S COPY OF IT.

THEY'VE GOT COPIES OF IT, AND IT BEGINS TO FORM A PROCESS OF BASICALLY GOING THROUGH THIS COURT HEARING TO BASICALLY HAVE THE JUDGE DETERMINED. IF BASED ON EVIDENCE AND THE FINDINGS IF THE DOG IS DANGEROUS AND SHOULD BE REMOVED. UH I DON'T KNOW IF YOU WANT TO ELABORATE ON THAT.

BUT IN ESSENCE MARY COUNCIL THAT'S THAT'S THE PROCESS THAT WE HAVE. WE DO HAVE A CONTRACT WITH ISLAND COUNTY ANIMAL CONTROL. THEY DO PICK UP THEY DO QUARANTINE. UM, BUT AT THE END OF THE DAY, IT'S GOING TO REQUIRE SOMEONE OF THE AFFECTED PARTY TO FILL OUT DOCUMENT AND HAVE IT FILED WITH THE COURT SO THAT WE CAN BEGIN THE PROCEEDINGS AND WE'VE PROVIDED COPY OF THAT, AND WE'LL BE HAPPY TO EMAIL IT TO WHOMEVER IF YOU LIKE A DIGITAL COPY THAT THEY'VE BEEN THEY'VE BEEN PROVIDED TO I'LL JUST HAVE THAT IT'S REALLY IMPERATIVE. WE HAVE TO FOLLOW THE STATE STATUTES. THERE ARE VOLUMINOUS STATUES ON DANGEROUS DOGS AND HOW TO DEAL WITH THEM.

WE HAVE TO HAVE FOREIGN TESTIMONY AN AFFIDAVIT FROM SOMEBODY TO PROCEED WITH IT TO GET THE DETERMINATION THE FACT THAT WE MAY KNOW ABOUT IT. WE HAVE TO HAVE SOMEBODY ELSE CAN TESTIFY ABOUT IT AT A HEARING, SO THAT'S THAT'S THE BEST THE KEY COMPONENT THAT WE NEED TO MOVE FORWARD WITH IT. THANK YOU VERY MUCH. IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK FOR

[REGULAR AGENDA]

CITIZENS COMMENTS? OKAY IN THAT CASE, WE'LL MOVE ON TO A REGULAR AGENDA. PURSUANT TO SECTION 551.007 OF THE TEXAS GOVERNMENT CODE. INDIVIDUALS WISHING TO ADDRESS THE COUNCIL FOR ITEMS LISTED AS PUBLIC HEARINGS WILL BE RECOGNIZED WHEN THE PUBLIC HEARING IS OPEN. OUR NEXT AGENDA

[10. Conduct a public hearing and consider and act upon a request to rezone 34.7± acres from Commercial District (C) to a new Planned Development for Mixed Use, located northside of Prosper Trail and west of Dallas Parkway. (Z22-0019) (DS)]

ITEM IS AGENDA ITEM NUMBER 10 TO CONDUCT A PUBLIC HEARING TO CONSIDER AND ACT UPON A REQUEST TO REZONE 34.7 ACRES FROM COMMERCIAL DISTRICT TO A NEW PLAN DEVELOPMENT FOR MIXED USE.

LOCATED NORTH ON THE NORTH SIDE OF PROSPER TRAIL WEST OF DALLAS PARKWAY, MR SOTO. GOOD EVENING COUNCIL AND MAYOR. THE PURPOSE OF THIS REQUEST, AS MENTIONED IS SYRIA ZONE COMMERCIAL DISTRICT TO YOUR NEW PLAN DEVELOPMENT DISTRICT. AS YOU CAN SEE, UM, YOU KNOW, WE'VE HAD THIS THIS ITEM, GO BACK TO P AND Z AND ACTUALLY PRESENTED TO COUNCIL SO I KIND OF GO THROUGH SOME OF THE CHANGES AND HIGHLIGHT SOME OF THE THINGS THAT THEY DID GO THROUGH. UM SO THERE'S ONLY REQUEST ALLOWS FOR A DEVELOPMENT OF A MIXED USE DEVELOPMENT. UM THIS INCLUDES VERTICAL INTEGRATION OF OFFICE, RETAIL AND HIGH DENSITY RESIDENTS RESIDENTIAL USES IN THE SAME BUILDING. PROPOSED HOTEL, NEIGHBORHOOD RETAIL CENTER AND TOWN HOMES. AS MENTIONED THE CURRENT. CURRENTLY THE PROPERTY IS OWNED COMMERCIAL, WHICH IS TYPICALLY ALONG THE DALLAS NORTH TOLLWAY. THERE'S ALSO COMMERCIAL CORRIDOR. UM AND, UM, THE PROPERTY DOES ALLOW FOR COMMERCIAL USES. SO THE APPLICANT IS PROPOSING THE MIXED USE DEVELOPMENT WITH TWO SUB DISTRICTS AS SHOWN ABOVE YOU. THE PROPOSED SUB DISTRICTS ARE THE NEIGHBORHOOD SUBDISTRICT, WHICH IS IN A DARKER GREEN. AND THE HIGHWAY SUBDISTRICT, WHICH ISN'T A LIGHTER GREEN. THE WHOLE PURPOSE OF CREATING THESE SUB DISTRICTS WERE TO, UM, THIS NEIGHBORHOOD SUBDISTRICT WAS TO CREATE A BUFFER BETWEEN SHAUNIE TROW. I'M GOING TO KIND OF GO BACK TO THIS IMAGE AS YOU CAN SEE. LEGACY GARDENS IS STARTING TO SORT OF EXPAND TO THE NORTH. AND NO, THERE'S POTENTIAL.

ANOTHER SCHOOL IN THIS AREA. UM BUT LEGACY GARDEN. THEIR FEES. NEXT PHASE IS COMING ALONG SO RESIDENTS WILL BE EVENTUALLY ALL TOUCHING ALL THE WAY TO FRONTIER. AND SO THE NEIGHBORHOOD SUBDISTRICT AGAIN IS TO ACT AS A BUFFER AND TRANSITION FROM THE RESIDENTS ACROSS SHAWNEE TRAIL. AND THOUGH AS YOU GET CLOSER TO THE TOLLWAY , YOU HAVE MORE HEIGHT AND MORE INTENDS TO USE IS USELESS. THE HIGHEST OF DISTRICT IS TO ENCOURAGE THE CREATION OF A PEDESTRIAN ORIENTED VERTICAL INTEGRATED, MIXED USE URBAN ENVIRONMENT THAT IS PROVIDING SHOPPING AND EMPLOYMENT, HOUSING BUSINESSES AND PERSONAL SERVICES . AND SO THIS IS A CONCEPTUAL PLAN THAT THE LEFT SCREEN OR LEFT SIDE IS SHOWING. SORT OF THE LAYOUT AND THE PRELIMINARY

[00:55:06]

GROUND PLANE IS SHOWING KIND OF WHAT'S LOOKING AT FROM THE GROUND PERSPECTIVE. MM HMM. SO AS YOU ALL KNOW THE PLAN DEVELOPMENT. UM WE HAVE TO SORT OF CREATE THE DEVELOPMENT STANDARDS BECAUSE THE TOWN OF PROSPER DOES NOT HAVE A MIXED USE DEVELOPMENT. AND SO A LOT OF THE DEVELOPMENT STANDARDS ARE UNIQUE. I KNOW WE LOOKED AT SOME OF THE PROSPER WEST PD THAT WAS THEIR COUNTRY, MULTIPLE REVISIONS. AND SO, UM, THE APPLICANTS PROPOSING DETAILED DEVELOPMENT AND DESIGN STANDARDS THAT DEVIATE FROM OUR ZONING ORGANS TO AGAIN ACCOMMODATE A MIXED USE DEVELOPMENT. SO AS PROVIDED IN YOUR STAFF REPORT. I DID PROVIDE SOME OF THE HIGHLIGHTS THAT WERE CHANGED AND ALSO PROVIDED A RED LINE COMPARISON CHART THAT HIGHLIGHTED FROM THE FIRST TIME THAT YOU ALL HAVE SEEN THAT. UM AND SO I'M GOING TO QUICKLY KIND OF RUN THROUGH IT. BUT AGAIN, THEY ADDED, TRIGGERS REGARDING TOWN HOMES RETAIL BUILDING INDUSTRY SECTION. IT TALKED ABOUT OR THE ADDED PROPERTY OWNERS ASSOCIATION TO BE KEPT WITH MAINTENANCE AND LANDSCAPING THAT SHOULD BE APPROVED BY TOWN STAFF. THEY CREATED SEPARATE DEFINITIONS AND REQUIREMENTS FOR APARTMENTS AND COMEDIANS. THEY ALSO LOOKED AT THE NON RESIDENTIAL FIRST FLOOR WITHIN THE HIGH HIGHWAY SUBDISTRICT AND SPECIFICALLY REQUIRED RETAIL PERCENTAGES. AND AGAIN, THIS WAS TO ENCOURAGE VIBRANT USES WITHIN THE MIXED USE DEVELOPMENT.

SETBACKS ON THE APARTMENTS. THEY ALSO LOOKED AT THE DALLAS NORTH TOLLWAY AGAIN THAT DOLLARS TOTALLY DESIGN GUIDELINES WITH RECENTLY APPROVED LAST YEAR, AND SO THEY LOOKED AT ALL THE USES AND STANDARDS WITHIN THAT GUIDELINES. THEY ALSO LOOKED AT THE DENSITY THAT WAS ORIGINALLY APPROACHED PROPOSED FROM 8 30 TO 7 30 SPECIFICALLY CALLED OUT ON APARTMENTS AND CONDOMINIUMS. THEY LOOKED AT MINIMUM HEIGHTS PROVIDED ARCHITECTURAL STANDARDS. AND DESIGN GOVERNMENTS AND MINIMUM MAXIMUM DENSITY FOR TOWN HOMES AND AGAIN, I'LL KIND OF BE GOING THROUGH A LITTLE BIT MORE OF THE SPECIFIC ONES. UM THROUGH THAT. SO AGAIN, THE APPLICANT UM, HUSBAND, MULTIPLE REVISIONS, AND WE JUST WENT THROUGH SORT OF THE MAIN CHANGES THAT WERE SUBMITTED. UM, HIGHWAY SUBDISTRICT IS AGAIN WHICH IS THIS SIDE? UM IS PROPOSING TO HAVE A MAXIMUM ALLOWANCE OF 730 UNITS THROUGHOUT THE HIGHWAY SUBDISTRICT. NO MORE THAN 500 UNITS SHALL BE RESIDENTIAL UNITS TO BE DEVELOPED AS APARTMENTS AND NO MORE THAN 230 UNITS CONDOMINIUMS, WHICH IS FOR SALE PRODUCT. AND WE TALKED ABOUT THE FIRST FLOOR OF THE HIGHWAY SUBDISTRICT AND AGAIN. UM YOU KNOW, THERE ARE SOME CONCERNS ABOUT YOU KNOW THE OFFICE LEASING NOR THE GYM TO COUNT AS NON RESIDENTIAL. AND SO THEY DID. LOOK AT THAT SPECIFICALLY REQUIRE RETAIL USES TO ENCOURAGE THE VIBRANT AND ACTIVATE THOSE FIRST FOUR USES. AS ALWAYS, IN ANY MULTI FAMILY IN THE TOWN OF PROSPER. WE PROVIDE THIS MAP THAT SHOWS YOU SORT OF THE DENSITY ALL WITHIN THE TOWN OF PROSPER. UM THE NEXT MAP IS SOMETHING THAT WE CONTINUE TO SORT OF UPDATE. WE WENT THROUGH AND TOOK OUT SOME OF THE TOWN HOMES THAT WERE IN THERE. WE HAVE ALSO PROVIDED STATUSES THAT CAN TELL YOU WHAT'S EXISTING WHAT'S UNDER CONSTRUCTION. UM WITH ZONING REQUEST. 730 UNITS ARE MAYBE ADDED THIS PROPOSAL, WHICH BRINGS UP CLOSE TO 7000 THE VERY BOTTOM OF THE MAP. I ALSO SPECIFICALLY CALLED OUT THE NUMBER OF UNITS PER DISTRICT, SO AS YOU CAN SEE THAT THERE'S 3406 OR ON THE TOY DOWNTOWN IS AROUND 358. AND THEN SOME IN THE US TO 80, THEN OTHER DISTRICTS. SO LOOKING AT THE TRIGGERS, UM AGAIN. THE REQUIREMENT WAS THAT THE DEVELOPMENT OF THE ENTIRE TOWN HOMES, SO AT LEAST 42 OF THEM. IN THE NEIGHBORHOOD SUBDISTRICT WILL HAVE TO HAVE A CERTIFICATE OF OCCUPANCY PRIOR TO COMMENCING WORK IN THE HIGHWAY SUBDISTRICT. ANOTHER TRIGGER WAS ALSO THAT THE DEVELOPMENT OF ONE SO THEY EITHER HAVE THERE'S TWO PAD SITES THAT THEY'RE PROPOSING. SO ONE OF THEM, UM, THAT WAS IDENTIFIED IN THE CONCEPTUAL PLAN. UM YOU NEED TO HAVE COMPLETED SLAB CONSTRUCTION.