[8. Conduct a public hearing and consider and act upon a request for a Planned Development for Mini-Warehouse/Public Storage, Restaurant, and Retail uses on 8.7± acres on Collin County School Land Survey, Abstract 147, Tracts 1-7 and 28, located on the northwest corner of North Coleman Street and West Prosper Trail. The property is zoned Agricultural and Commercial. (ZONE-23-0017) (DH)]

FOR ITEMS LISTED AS PUBLIC HEARINGS WILL BE RECOGNIZED WHEN THE PUBLIC HEARING IS OPEN. OUR NEXT AGENDA ITEM IS AGENDA ITEM NUMBER EIGHT TO CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON A REQUEST FOR PLANNED DEVELOPMENT FOR MANY WAREHOUSE, PUBLIC STORAGE, RESTAURANT AND RETAIL USES ON 8.7 ACRES. ON COLLIN COUNTY SCHOOL LAND SURVEY . ABSTRACT 147 TRACKS ONE THROUGH SEVEN AND 28, LOCATED ON THE NORTHWEST CORNER OF NORTH COLEMAN STREET AND WEST PROSPER TRAIL. THIS PROPERTY IS ZONED AGRICULTURAL AND COMMERCIAL, MR DAVID HOOVER. THANK YOU. MAYOR COUNCIL. IT WAS JUST AN AERIAL VIEW OF WHERE THE PROPERTY IS. YOU CAN SEE IT BACKS UP AGAINST THE RAILROAD TRACKS THAT ARE IMMEDIATELY TO THE EXCUSE ME WEST OF THE SITE. THERE ARE CURRENTLY A COUPLE OF HOUSES ON THE SOUTHERN PIECE AND A COUPLE OF STRUCTURES ON THE NORTHERN PIECE. IT'S TWO TRACKS OF LAND. UH, TALKED ABOUT WHAT? WHAT THE ZONING IS. IT'S COMMERCIAL TO THE NORTH. IT'S A PD 24 TO THE EAST RETAIL TO THE SOUTH, AND THEN PD 12 TO THE REST. IT'S ALL THE ZONING AND THE LAND USE. PRETTY MUCH FOLLOWS. WHAT THOSE THOSE ZONINGS ARE. AGAIN THIS IS JUST AN AREA OF THE TWO TRACKS AND GIVES YOU FRAME OF REFERENCE FOR DIFFERENT COLORS. ALL THE YELLOW IS OBVIOUSLY RESIDENTIAL. AND THEN THE RED IS COMMERCIAL. THE PROPOSAL IS TO TURN THE SITE INTO A PUBLIC STORAGE FACILITY THAT HAS OUTSIDE STORAGE, RV STORAGE AND BOAT STORAGE. THAT WOULD BE OUTSIDE OF THE PROPOSED STORAGE FACILITY. AND THEN THAT WOULD ALL BE BASICALLY IN THE BACK, UM UP AGAINST THE RAILROAD TRACKS AND THEN THE MULTI-TENANT RESTAURANT AND RETAIL BUILDINGS.

THERE WOULD BE TWO OF THOSE, AND THEY FRONT. PASSPORT TRAIL ON THE SOUTHERN EDGE AND COLEMAN ON THE EASTERN EDGE. THIS IS, UH. PO, BUT THE PLAT WOULD LOOK LIKE WITH THE EXCUSE ME, THE ACCESS AND FIRE LANES AND SO FORTH. UM THE EU BASE ZONING. EXCUSE ME WOULD BE COMMERCIAL DISTRICT THE USES ALLOWED BY RIGHT OR THINGS I MENTIONED PREVIOUSLY THE AUTOMOBILE STORAGE MINI WAREHOUSE, OUTDOOR STORAGE. TYPICALLY THOSE THINGS, UM, REQUIRE SPECIFIC USE PERMITS IN IN ANY OF OUR COMMERCIAL DISTRICTS, AND IN THIS PARTICULAR PD, THE APPLICANT IS ASKING THAT THEY BE INCLUDED IN THE BASE ZONING. PARKING IS PRETTY CONSISTENT WITH WHAT THE REQUIREMENTS ARE TYPICALLY AS FAR AS UH, RETAIL RESTAURANT AND THAT THE WAREHOUSES ARE CONCERNED, SO THERE'S MORE THAN THAN, UH, WHAT'S BEING PROPOSED IS MORE THAN WHAT WOULD BE REQUIRED. UH, LANDSCAPING IS PRETTY CLOSE DEVIATES A LITTLE BIT. UM, BUT AGAIN, IT'S PRETTY CLOSE TO WHAT'S REQUIRED IN IN NORMAL AREAS. BUT IT IS A LITTLE BIT SHORT AS FAR AS AS IS IT.

MORE OR LESS OR ARE REQUIRED, AND IT'S A LITTLE BIT LESS. THIS. A CHART THAT TELLS YOU WHAT'S LESS AND WHY. I CAN GO THROUGH THIS IF YOU WANT, BUT, UM, I'LL JUST TELL YOU IT'S A LITTLE SHORT AND IT'S NOT SOMETHING THAT THAT STAFF WOULD, UM, RECOMMEND APPROVAL OF. THE SCREENING THAT'S BEEN PROPOSED, UH, NORTHERN BOUNDARY WOULD BE WROUGHT IRON FENCE EASTERN BOUNDARY WOULD BE MASONRY WALL AND LANDSCAPING. SOUTHERN WOULD BE LANDSCAPING AND WESTERN WOULD BE LANDSCAPING AND WROUGHT IRON FENCE. THE ARCHITECTURAL STANDARDS, ALL OF THE BUILDINGS WOULD BE A MINIMUM OF 80% MASONRY, EXCLUDING GLASS AND DOOR AREAS. I MEAN, THAT'S ALL THE BUILDINGS. IT'S THE RETAIL THE, UH, RESTAURANTS AND THE, UM, STORAGE BUILDINGS. IS THAT PICTURE OF WHAT IT LOOKS LIKE THIS IS ONE OF THE, UH UH, RETAIL BUILDINGS YOU CAN SEE THE BACK LEFT IS WHERE THE CLIMATE CONTROLLED STORAGE BUILDING IS. UH, THIS IS THE OTHER BUILDING

[00:35:03]

JUST TO GIVE YOU AN IDEA OF WHAT THAT LOOKS LIKE. AND THEN THIS IS WHAT THE STORAGE BUILDING LOOKS LIKE. AND YOU CAN BARELY SEE ON THE RIGHT SIDE. YOU CAN SEE THE OTHER BUILDING THAT'S IN THE BACK AND IN THE AREA THERE. UM IN BETWEEN, IS WHERE ALL THE OUTSIDE STORAGE WOULD BE. THIS IS, UH, A LITTLE BIT MORE OF A GLOBAL VIEW OF THE SITE. NOTICES WERE SENT OUT ON DECEMBER THE EIGHTH. WE GOT BACK TWO LETTERS OF OPPOSITION. WE HAD ONE PHONE CALL IN OPPOSITION. UM AND THE STAFF RECOMMENDATION IS DENIAL, YOU KNOW, AND THE REASON IS, WE JUST DON'T THINK IT'S INAPPROPRIATE COMPATIBLE. USE AT THIS LOCATION WITH ALL THE RESIDENTIAL THAT THAT SURROUNDING IT. I WENT TO THE PLANNING AND ZONING COMMISSION ON JANUARY THE 16TH. THEY VOTED TO DENY IT. 5 TO 1. FOR THE SAME REASONS. THEY DIDN'T BELIEVE IT WAS, UM, COMPATIBLE AND APPROPRIATE WITH THE SURROUNDING USES. I BELIEVE THAT'S ALL. I HAVE SO HAPPY TO ANSWER ANY QUESTIONS? GO BACK TO ANY OF THE SLIDES. IF YOU ALL WANT TO SEE ANYTHING ELSE, QUESTIONS NOW OR LISTEN, LET'S GO AHEAD AND KNOCK HIM OUT. UM JUST QUICKLY. WHAT WHAT WAS THE SPECIFIC FEEDBACK FROM THE PNZ? IT JUST IT IN OUR PACKET. IT JUST SAID THEY DENIED IT. 5 TO 1. IT DENIED IT. AND THE REASON BEING THAT THEY FELT IT WAS AN INAPPROPRIATE AND INCOMPATIBLE USE FOR THE AREA.

WHICH WHICH PART THE RETAIL BUILDINGS OR THE STORAGE, THE STORAGE. AND THEN WHAT IS THE FUTURE LAND USE PLAN IS THAT RETAIL, COMMERCIAL AND RETAIL, BUT, UM, OBVIOUSLY, IT'S NOT SPECIFICALLY LISTED AS SELF STORAGE AND THE TYPE OF ZONING THAT THE SELF STORAGE WOULD GO IN IS GENERALLY MORE INTENSE THAN THE TYPE OF COMMERCIAL YOU MAY REMEMBER THAT IMMEDIATELY TO THE SOUTH. THERE'S A RETAIL CENTER. THAT'S THERE. IT'S ACTUALLY KIND OF A NICE CENTER.

IT'S GOT YOU KNOW. STORES THAT APPEAR TO BE WELL ATTENDED BY THE SURROUNDING FOLKS. AND THAT'S KIND OF WHAT WHAT WE BELIEVE SHOULD GO ON THE NORTHERN SIDE. AND SO THAT THE SELF STORAGE JUST DOESN'T DOESN'T FIT WITH ALL THOSE OTHER. ACTIVITIES HAVE ANY ISSUES WITH THE TWO RETAIL RESTAURANT BUILDINGS. IT WAS JUST SPECIFICALLY THE STORY. OK, CORRECT. THANK YOU. I DON'T WANT TO PUT WORDS IN THEIR MOUTH OR CHANGE WHAT HAPPENED, BUT I THINK HAD IT COME THROUGH. ALL THE RETAIL AND RESTAURANTS. I THINK IT PROBABLY WOULD HAVE FARED BETTER ALL THE WAY AROUND. THAT WAS SUGGESTED TO THE APPLICANT. THE APPLICANT WAS NOT INTERESTED AT ALL. AND IN DOING THAT, AND SO AS A RESULT. OTHER OTHER QUESTIONS. FOR STAFF. OK, THANK YOU, DAVID. AT THIS TIME. UH, WELL, ACTUALLY IS THE APPLICANT PRESENT. PRESENT. GOOD EVENING MAYOR COUNCIL MATHIAS ALBERT 2600 NETWORK BOULEVARD SUITE 310 IN FRISCO. HERE'S A CIVIL ENGINEER REPRESENTING THE LANDOWNER, UM, APPRECIATE THAT REPORT FROM STAFF ESSENTIALLY TO SUMMARIZE, REALLY. THE REQUEST IS THAT THE LAND ITSELF IS LARGELY VACANT. I KNOW THERE'S A COUPLE OF STRUCTURES, BUT THEY'RE NOT REALLY OCCUPIED. UM IT'S A MIX OF SOME AG LANDS.

SOME COMMERCIAL LAND REALLY THE INTENT OF THE PD COME IN, PUT IT ALL UNDER ONE ZONING DISTRICT.

UM, AND THAT WOULD BE THAT COMMERCIAL DISTRICT THAT IS THE DISTRICT OF THE PD, UM YOU KNOW, WE PUT TOGETHER DEVELOPMENT STANDARDS HERE. UM THEY'RE THEY'RE VERY CLOSELY MATCHED TO THE COMMERCIAL DISTRICT. UM ONE THING TO NOTE THE LANDSCAPING REQUIREMENTS THAT ARE PART OF THE PD ARE ACTUALLY MORE STRINGENT THAN THE TYPICAL REQUIREMENTS. STEPH MENTIONED THAT THEY WERE SHORT. WHAT THAT IS WE'RE CALLING FOR A TREE. EVERY 20 FT INSTEAD OF EVERY 30 FT. THAT'S ACTUALLY AN INCREASE TO THE AMOUNT OF TREES THAT WOULD BE PLANTED ON THE FURNITURES. THAT'S A RESULT OF A LOT OF THE CONVERSATIONS WE HAD WITH THE SURROUNDING AN A S. UM YOU KNOW, UNDERSTANDING THAT HEY , MAYBE IT'S NOT, UH, YOU KNOW, A BRAND NEW RODEO GOAT OR SOME SOME FAVORITE RESTAURANT, RIGHT? BUT IT IS. HEY IF WE CAN GET APPROPRIATE SCREENING, THIS IS SOMETHING THAT WE THINK WE WOULD BE COMFORTABLE WITH. SO THAT'S WHERE THAT, UH, DIRECTION CAME FROM. BUT UH TO YOUR QUESTION, COUNCILWOMAN. IT'S ABOUT HALF OF THE DEVELOPMENT. HALF OF IT WOULD BE THE RESTAURANT RETAIL SPACES. HALF OF IT WOULD BE THAT STORAGE STORAGE IS, UH IN THE COMMERCIAL BASED ZONING DISTRICT . IT WOULD BE ALLOWED VIA SEP. SO THE PD, UM BASICALLY MAKES IT SO WE CAN COME AT ONE TIME CREATE A BASE ZONING DISTRICT FOR THE ENTIRE PROPERTY. UM ULTIMATELY GO THROUGH THE SEP PROCESS ALL AT THE SAME TIME BY GIVING IT A USE BY RIGHT. UH, WE

[00:40:02]

HAVE THE STORAGE SHOWN ON THE PD PLANS, AND OBVIOUSLY, WE WOULDN'T COME BACK AND PUT STORAGE ACROSS THE EIGHT ACRES OR ANYTHING OF THAT NATURE, BUT UM, BUT REALLY, WHEN WE START LOOKING AT THIS, WE HAVE RAILROAD TRACKS. UH, WE'VE GOT TWO ACCESS POINTS. BUT ONE OF THEM IS RIGHT IN RIGHT OUT ONLY, UM BECAUSE OF THE MEDIAN THERE ON PROSPER TRAIL, BUT FOR AN 8.5 ACRE SITE, ONLY TWO ACCESS POINTS FOR RETAIL. IT DOES CHALLENGE IT A LITTLE BIT. UH AND THE STAFFS POINT. THERE IS A NICE RETAIL DEVELOPMENT ON THE SOUTH SIDE. BUT THIS THIS CORNER DOESN'T SCREAM ANOTHER 60 TO 70,000 SQUARE FEET OF RETAIL. THE MARKET IS JUST NOT QUITE THERE FOR IT. UM, SO IS THE SORT OF 57 OR 54 SPACES THAT LOOK, IF THIS THING IS SCREENED PROPERLY, THEN THAT PEOPLE WERE THERE. BUT STAFF WAS THERE AS WELL. AT THAT HO A HEARING. I'M NOT SURE IF THEY HAVE ANY MORE FEEDBACK ON THAT, BUT, UM YOU KNOW THE COMMERCIAL AND THE RES OUT. THEY LIKE THAT. THE PLAN LAYS OUT FOR KIND OF AN OPEN SPACE AT THE HARD CORNER. THERE'S SOME TREES AND THINGS LIKE THAT IN THAT AREA.

[00:45:01]

FIRE TOR FIRE LANE AND THINGS LIKE THAT, BUT, UM, I DON'T HAVE THE FROM GRADE TO THE TOP OF THE ACTUAL STRUCTURE, BUT IN THE BASE ZONING COMMISSION, UH, DISTRICT FOR COMMERCIAL. IT DOES ALLOW UP TO 40 FT AS WELL AND IT WOULD BE UNDER THAT BASE ZONING DISTRICT HEIGHT. CORRECT UM AND II. I KNOW. I THINK I KNOW THE ANSWER TO THIS, BUT I'LL ASK IT ANYWAY.

DO YOU HAVE A SENSE OF THERE'S THEIR NEIGHBORS ON THE OTHER SIDE OF THE RAILROAD TRACKS.

NEIGHBORHOOD. YES, SIR. UM OBVIOUSLY, EVEN WITH THE SCREENING WALL YOU GONNA HAVE A TOUGH TIME SCREENING? 0.2 FT. OR CHECK. WHAT ARE THEIR SITE? HAVE YOU GOT AN IDEA OF WHAT THEIR SIGHT LINES LOOK LIKE? I'VE ASKED THIS BEFORE OF OTHER APPLICANTS BY THE I. I DON'T HAVE THAT ANSWER RIGHT HERE IN FRONT OF ME. I KNOW THE RAILROAD TRACKS ARE ARE SITTING UP HIGHER AND THINGS LIKE THAT, UM, I BELIEVE THERE'S ACTUALLY THEY HAVE SOME, UH, VEGETATION. I DON'T KNOW IF IT'S EVERGREENS OR IF IT'S HARDWOODS, BUT I BELIEVE THERE'S THEY ACTUALLY HAVE A ROW OF TREES THAT ALSO SEPARATES, UM , THEIR DEVELOPMENT FROM THE RAILROAD TRACKS AS WELL. THAT WOULD HELP WITH THAT. MHM. ELSE FOR ALL RIGHT. THANK YOU. THANK YOU. ALL RIGHT. THIS ITEM IS A PUBLIC HEARING. SO THEREFORE OPEN THE PUBLIC HEARING ON THIS ITEM. YOU WANT TO SPEAK ON THIS ITEM? SEE NONE. I'LL CLOSE THE PUBLIC HEARING COUNCIL DISCUSSION. ASK SOME QUESTIONS TO DAVID. YEAH, YEAH, OF COURSE. THANK YOU. THIS APPEARS TO BE F. SO THE REAR ELEVATIONS I.

EVERYBODY SEEING THE REAR ELEVATION. CAN YOU SHOW US WHAT THAT ELEVATION LOOKS LIKE FACING? POSSIBLE TRAIL. CO OUT OF THE STORY. COUNCIL. THE RETAIL? YEAH. I'M NOT SURE IT SHOULD BE A TWO D. YEAH THIS IS THIS IS THE FRONT FACING IN, BUT WE DON'T HAVE A PICTURE OF THE OUTSIDE. ABOUT INDIVIDUAL DOORS. TO GO FURTHER DOWN, DAVID GO ON. IT SHOULD BE. IT'D BE ABOUT THE SOUTH. AND THE EAST. ARE FACING THE ROAD. IT'S CLEARLY JUST THE BACK END OF THE BUILDING. PACK AND. YEAH I THINK I THINK I'LL HAVE MORE PICTURES. WE HAVE THE BACK END OF THE. ON ONE OF YOUR MAJOR. SO I'M NOT AS CONCERNED ABOUT THE USE AS I AM. YOU KNOW THAT? IT JUST DOESN'T WELL, I. I LOVE THE IDEA OF THE INTERNAL AND ALL THAT. FOR THE RETAIL. I THINK THAT CREATES A NICE ENVIRONMENT FOR REFILL. BUT IT'S VERY UNATTRACTIVE. ALTHOUGH THAT WAS TRUE. WELL. COUNCIL. SHOW THAT PROBLEM. I. DON'T HAVE. THAT A QUESTION YEAH. THAT'S A GOOD POINT. DO WE HAVE OTHER BUILDINGS. THAT ARE. THAT HAVE THIS ORIENTATION WHERE THE BACK OF THE BUILDING IS FACING A MAJOR MAJOR ROAD. THE ONLY ONE THAT COMES TO MIND AND IT'S PROBABLY NOT A FAIR COMPARISON IS THE TARGET. THE TARGET FACES NORTH AND THE WHOLE BACK OF THE TARGET. PS 380? YEAH AND THE WALMART AND YOU KNOW WHAT HAPPENS IS THAT CONTAINERS GET PARKED OUT THERE AND ALL KINDS OF THINGS LIKE THAT. AND SO YOU'RE DRIVING DOWN 380. YOU SEE CONTAINERS BECAUSE EXACTLY. BUT THAT ISN'T RIGHT. BUT THAT DOESN'T MEAN THAT DOESN'T MEAN THEY WON'T PUT TRASH CANS AND OTHER THINGS, PALLETS AND OTHER THINGS. THAT'S WHAT I'M TRYING TO SAY. I THINK THAT'S CAN BE UNSIGHTLY. YEAH. I DIDN'T CATCH THAT. BUT I. I AGREE. I DON'T LIKE THAT. OTHER QUESTIONS FOR MR HOOVER. I I HAVE ONE DAY. THAT'S THAT'S PRO. I'M SORRY, MAYOR, BUT THAT'S PROBABLY THE BEST PICTURE THAT THAT WE HAVE IN THE PRESENTATION, AND THAT'S THE SIDE OF THE BUILDING. BUT THAT'S PRETTY MUCH YOU KNOW WHAT ? WHAT'S THAT? WHAT'S THAT ORIENTATION OF THAT IS FACING TO THE WEST. I THINK YEAH. NORTHEAST. YEAH. AND I. ELEVATION AND I CAN'T FIND IT NOW, BUT IT SHOWS ALL THE REAR ENTRANCE DOORS ACROSS. IT WAS IT WAS. IT'S IN THE YEAH. YEAH

[00:50:06]

THAT'S THAT'S THAT THAT'S THE SOUTH AND EAST. YEAH. SO. YEAH, THAT THAT WAS A DISCUSSION THAT CAME UP DURING THE PLANNING COMMISSION MEETING. SO HERE HERE WE ARE. STAFF HAS RECOMMENDED DENIAL. PNZ IS RECOMMENDED DENIAL. UH BUT I WANT TO ADDRESS AN ISSUE, DAVID. I WANT TO MAKE SURE THAT BECAUSE TO EITHER CORRECT THE RECORD OR NOT, UM AS I LOOK THROUGH THE LANDSCAPING REQUIREMENTS YOU STATED THAT THE LANDSCAPING IS SHORT. I IN? THE APPLICANT SAYS IT'S BETTER. I HAVE TO TEND TO AGREE WITH THE APPLICANTS. ASSESSMENT THAT SO WHY DO WE SAY WHY THE STAFF SAY IT'S SHORT? WE BELIEVE IF YOU LOOK AT ALL OF THE REQUIREMENTS THAT ARE IN PLACE FOR LANDSCAPING, THE APPLICANT SAID. THAT THERE ARE. A LITTLE MORE TREES THAN WHAT IS NORMALLY REQUIRED AND THEIR PROPOSING. UM, TREES. I THINK IT WAS EVERY 20 FT. EVERY 20 FT TO EVERY 30 FT, BUT, UM ALL THE REST OF THE LAND CAPPING AND LANDSCAPING, SHRUBS AND SIZE OF THE GALLONS AND SO FORTH. THEY'RE THEY'RE CLOSE, I. I MEAN, I'M I'M NOT TRYING TO MAKE IT OUT LIKE YOU KNOW, THEY'RE TOTALLY SO HERE'S MY QUESTION LANDSCAPING AND IT IS A LITTLE BIT LESS. IN OUR OPINION IN THE PACKAGE. WE HAVE A VERY NICE LITTLE CHART THAT SAYS, HERE'S WHAT'S REQUIRED.

HERE'S WHAT THEY PROPOSE. AND YET NOWHERE IN THERE DO I SEE WHERE STAFF HAS SAID. HERE'S WHERE IT IS NOT MEETING OUR STANDARDS, SO YOU. YOU YOU GO THROUGH FOUR OF THEM AND THEY MEET OR EXCEED OUR STANDARDS. SO WHERE IS IT NOT MEETING THE STANDARDS. YOU SEE MY DILEMMA THERE THE WAY THIS THIS READS IT IT IT DEFINITELY APPEARS TO MEET WHAT THE REQUIREMENT IS. YES SIR . IN FACT, THIS DOESN'T EVEN SHOW THE DIFFERENCE IN THE TREES. OTHER DISCUSSION FROM COUNCIL. I MEAN, IN MY MIND, I THERE'S TOO MANY. FOR US TO CHANGE AS MANY THINGS AS WE WOULD WANT TO CHANGE FROM HERE IS ALMOST IMPOSSIBLE TO CAPTURE. SO I DON'T KNOW. I DON'T KNOW WHAT THE PROCEDURE IS TO TABLE TO FIX SOME OF THESE THINGS, OR ARE THEY BETTER? THAT'S A TERRY QUESTION. IS IT BETTER TO DENY IT AND LET THEM COME BACK THROUGH AND FIX THESE THINGS? I MEAN, THERE'S JUST TOO MANY HURDLES. THEY'VE BEEN THROUGH P AND Z ALREADY AND THEY WERE DENIED. SO THEY THERE SHOULD HAVE BEEN SOME THAT WAS POTENTIAL FOR CHANGES THERE.

THAT'S MY OPINION. I PREEMPTED THE ATTORNEY, THOUGH I'M SORRY. THAT'S FINE. THAT'S OK. I WAS JUST TRYING TO GET CLARIFICATION ON OUR BEST COURSE OF ACTION. ANYBODY WOULD LIKE TO MAKE A MOTION. I MOVE DENIAL OF ITEM NUMBER EIGHT. YEAH. WE HAVE A MOTION BY CHARLES COTTON, A SECOND BY AMY BARTLEY, ALL IN FAVOR OF THE MOTION TO DENY THAT MOTION PASSES UNANIMOUSLY. THANK YOU, MISTER. YES, SIR. ALRIGHT. THE NEXT AGENDA ITEM IS AGENDA ITEM NUMBER NINE, WHICH IS

[9. Consider and act upon awarding CSP No. 2024-12-B to Wilson Contractor Services, related to construction services for the DNT Waterline Relocation (US 380 - First Street) project; and authorizing the Town Manager to execute a construction agreement for same. (HW)]

CONSIDERED AN ACT UPON AWARDING CS P NUMBER 20 24-12 DASH B TO WILSON CONTRACTOR SERVICES RELATED TO THE CONSTRUCTION SERVICES OF THE DNT WATER LINE RELOCATION. FROM U S3 81ST STREET PROJECT AND AUTHORIZING TOWN MANAGER EXECUTE A CONSTRUCTION AGREEMENT FOR THE SAME MISTER HEALING WEBB. EVEN MAYOR TOWN COUNCIL. UM THE PROJECT IS AS MENTIONED THE, UH, RELOCATION OF A WATER LINE ON THE WEST SIDE OF THE TOLLWAY FROM FIRST STREET SOUTH TO ALMOST HALFWAY DOWN TO 380. WE HAVE BIDS RECEIVED JANUARY 26TH AT 10 BIDS, UH, WENT THROUGH THE COMPETITIVE SEAL PROPOSAL PROCESS, UH, WITH THE RANGE OF PROPOSALS AT 1.15 MILLION TO 1.865 MILLION UH, THE INTERNET ESTIMATE WAS A LITTLE OVER 1.8 MILLION. UH, BUDGET FOR THE PROJECT IS, UH, 2 MILLION UH, RANGES FOR PROPOSALS FOR THE RELOCATION FROM 110 DAYS TO 310 DAYS. UM, BASED ON THE EVALUATION, UH, FROM THE COMMITTEE FOR THE, UH, QUALIFICATIONS AND COMBINED WITH THE COST IN PROJECT TIMELINE, UH , THEY SELECTED WILSON

[00:55:01]

CONTRACTOR SERVICES. WHO WAS THE , UH, THE SECOND LOWEST BIDDER? UH AND THE, UH, 1.269 MILLION AND AT 100 AND 10 DAYS, UH, FOR COMPLETION OF THE PROJECT. I KNOW IT IT THE LOW BITTER WAS ABOUT TO DO LESS THAN 10% BELOW WILSON, UH, AS THEY WENT THROUGH THE EVALUATION CRITERIA, UM THAT CONTRACTOR HAD. QUITE A BIT OF LESS EXPERIENCE IN SIMILAR PROJECTS AS WELL AS, UM NOT COMPLETING EVERYTHING THAT WAS REQUIRED WHEN THEY SUBMITTED THEIR PROPOSAL, AND THAT'S WHY THEY SCORED QUITE A BIT LOWER, WHICH DROPPED THEM OFF OF BEING CONSIDERED AS BEING THE BEST VALUE. UM WOULD THAT BE GLAD TO ANSWER ANY QUESTIONS? YOU HAVE? QUESTIONS FOR STAFF. COMMENTS FROM THE COUNCIL. DO WE HAVE A MOTION? I'M GOING TO APPROVE. UH, AGENDA ITEM NUMBER NINE.

TOWARD THE BID TO WILSON CONTRACTOR SERVICES. AS AS AS INDICATED IN THE STAFF REPORT.

ALL RIGHT, WE GOT A MOTION BY JEFF HODGES. I THINK THAT WAS CRAIG. SO, UH, SECOND BY, UH MAYOR PRO TEM AND ALL IN FAVOR. MOTION PASSES UNANIMOUSLY. THANK YOU. ALL RIGHT. THANK YOU. GET

[10. Consider and act upon a resolution of the Town Council of the Town of Prosper, Texas, declaring the public necessity to acquire certain property for a water line easement for the construction of the DNT Waterline Relocation (US 380 - First Street) project; determining the public use and necessity for such acquisition; authorizing the acquisition of property rights necessary for said Project; appointing an appraiser and negotiator as necessary; authorizing the Town Manager to establish just compensation for the property rights to be acquired; authorizing the Town Manager to take all steps necessary to acquire the needed property rights in compliance with all applicable laws and resolutions; and authorizing the Town Attorney to institute condemnation proceedings to acquire the property if purchase negotiations are not successful. (HW)]

IT DONE. AGENDA ITEM NUMBER 10 CONSIDER AN ACT UPON A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN PROPERTY FOR WATER LINE EASEMENT FOR THE CONSTRUCTION OF THE DALLAS NORTH TOLLWAY WATER LINE RELOCATION. U S3 180 TO FIRST STREET PROJECT DETERMINING PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY AUTHORIZING THE TOWN MANAGER TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS. AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY AND PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL, MR WEBB LIKE A MAY AS YOU MENTIONED, UH, ORDER TO GET THIS PROJECT DONE. WE DO HAVE ONE WATER EASEMENT THAT THAT WE'RE ASKING FOR CONSIDERATION FROM COUNCIL K TO, UH, GO AHEAD AND APPROVE THE, UH RESOLUTION TO AUTHORIZE THE IMMINENT DOMAIN IF NEGOTIATIONS ARE UNSUCCESSFUL, RIGHT NOW, WE DON'T HAVE ANY INDICATION OF THAT BEING AN ISSUE. BUT WE WANNA MAKE SURE UH, THAT WE DO HAVE THIS IN PLACE IN CASE THAT THAT THAT DOES HAPPEN, AS YOU CAN SEE, UH, ON THE MAP HERE, IT'S THE IT'S THE NUMBER ONE PARCEL, BUT IT'S REALLY JUST WHERE THAT DRIVE THAT DRIVE CONNECTS OUT TO THE DNT JUST TO. THERE'S JUST A LITTLE SLIVER THERE. UH THAT WE NEED THE WATER EASEMENT FROM THAT PROPERTY. THE REST OF IT'S ALREADY IN PLACE FOR THE RELOCATION. SO TONIGHT WE'RE JUST ASKING FOR THE COUNCIL TO APPROVE THE RESOLUTION TO GIVE US THAT AUTHORITY AND, UH, REMIND EVERYONE, UH, THAT THIS DOES REQUIRE A ROLL CALL. CALLED THE I. I ASK YOU QUESTIONS. THANK YOU QUESTIONS FOR HEALING.

HEARING NONE. I'D TAKE A MOTION ON THE UM, I'LL MAKE A MOTION. UH I MOVE TO APPROVE THE TAX RESOLUTION DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN WATERLINE EASEMENTS FOR THE OF THE DNT WATER LINE RELOCATION 3 81ST STREET PROJECT. WITH SUCH A PROPERTY BEING MORE PARTICULARLY DESCRIBED IN THE ATTACHED RESOLUTION, DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR THE SAID PROJECT, POINTING AN APPRAISER NEGOTIATOR AS NECESSARY AUTHORIZING THE TOWN MANAGER TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED AUTHORIZED IN THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO REQUIRE THEY NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APP LAWS AND RESOLUTIONS AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION. TO ACQUIRE THE PROPERTY IN PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL. WE HAVE A MOTION 2ND 2ND BY CHARLES COTTON. AND IT WILL BE A ROLL CALL VOTE. WE'LL START ON WITH YOU, CHARLES. FOUR. FOR 44.

[11. Consider and act upon an ordinance amending Section 4.09.001, “Definitions,” of Article 4.09, “Special Events and Temporary Outdoor Seasonal Sales,” of Chapter 4, “Business Regulations,” of the Code of Ordinances, and amending article 4.09, “Special Events and Temporary Outdoor Seasonal Sales,” of Chapter 4, “Business Regulations,” of the Code of Ordinances by adding a new section 4.09.14, “Parking,” to address temporary parking of vehicles at special events. (DB)]

THE MOTION PASSES UNANIMOUSLY ALSO, THANK YOU VERY MUCH. THANK YOU. ALL RIGHT AGENDA ITEM NUMBER 11 TO CONSIDER AND ACT UPON AN ORDINANCE AMENDING SECTION 4.09 0.001 DEFINITIONS OF ARTICLE 4.09 SPECIAL EVENTS AND TEMPORARY OUTDOOR SEASONAL SALES. OF CHAPTER FOUR BUSINESS REGULATIONS OF THE CODE OF ORDINANCES AND AMENDING SECTION ARTICLE 4.09 SPECIAL EVENTS AND TEMPORARY OUTDOOR SEASONAL SALES OF CHAPTER FOUR BUSINESS REGULATIONS OF THE CODE OF ORDINANCES BY ADDING A NEW SECTION 4.09 0.14 PARKING TO ADDRESS TEMPORARY PARKING VEHICLES AT SPECIAL EVENTS, MR BAKER. THANK YOU, MAYOR AND COUNCIL, UM, HERE TONIGHT TO ASK YOU ALL TO APPROVE. THE AMENDMENT TO THE ORDINANCE. UM THIS AMENDMENT COVERS MULTIPLE

[01:00:07]

THINGS, BUT HONESTLY, RIGHT, WE'RE WE'RE I'M HERE BECAUSE OF THE CONCERNS ABOUT PARKING, UH, FOR SPECIAL EVENTS. UM, IT GOES INTO, UM PARKING PLANTS AND MIDDLES TIMELINES REQUIREMENTS.

ALSO IMPACT ON, UH ADJACENT PROPERTIES THAT MIGHT BE IMPACTED BY AN EVENT. BUT TRULY THE WHAT WE NEED HELP WITH IS THE ABILITY TO CREATE THESE NO PARKING ZONES WAS SIGNAGE AND THEN MOST IMPORTANTLY, IS TO ENFORCE THOSE, UH, ENFORCE THE ORDINANCE. SO, UM YOU CAN IMAGINE IF CARS ARE PARKED. WILLY NILLY. ARE THEY BLOCKING? UH, PERSONAL PROPERTY OR WHATEVER IT COULD BE. IT COULD BE A SAFETY ISSUE AS WELL. WE CAN'T GET EMERGENCY SERVICES IN OR OR WHAT HAVE YOU OR JUST SERVICE VEHICLES TO AND THE PORT OF BODIES OR JUST DELIVERIES.

ANYTHING ALONG THOSE LINES SO THAT'S WHAT I'M HERE TONIGHT TO ASK FOR. OK, ANY QUESTIONS FOR THEM? YEAH SO THIS YOU'RE ASKING? IS THIS TEMPORARY? NO PARKING. I'M SORRY. IT IS A TEMPORARY JUST DURING THE DURING THE EVENT. AN EXAMPLE WAS DOWNTOWN DURING FREEDOM FEST. WE HAD ALL KINDS OF CARS PARKED PEOPLE'S YARDS AND BLOCK. MAYOR COUNCIL. UH, ACTUALLY, A LOT OF THIS GENERATED FROM OUR HOLIDAY EVENT THAT WE HAD IN DECEMBER. RECEIVE AN EMAIL, UH, FROM A RESIDENT, UH, THE NIGHT THE NIGHT OF THAT SATURDAY OF WHICH BASICALLY WAS A FORWARDED EMAIL THAT HAD BEEN SENT FOR THE PREVIOUS INTERIM TOWN MANAGER. NOT NOT, MR SCOTT. BUT BUT, UH, MR PATTERSON, UH, ABOUT ISSUES AND WITH PICTURES THAT THEY HAD SHOWN, UH, TAKEN OF CARS PARKED ON BOTH SIDES OF SOME OF OUR NUMBERED STREETS AND HOW NARROW THEY WERE, AND YOU COULDN'T GET EMERGENCY VEHICLES SO BROUGHT TO THE STAFF'S ATTENTION, AND I APPRECIATE BOTH BOTH PARKS DEPARTMENT POLICE DEPARTMENT WORKING TO TRY TO BRING SOMETHING FORWARD FOR YOUR CONSIDERATION. MR KERN WOULD LIKE TO MAKE A MOTION. YEAH, I WILL, UH, MAKE A MOTION TO.

AMEND SECTION 409 01. ACCORDANCE WITH ITEM NUMBER 11. OK, THANK YOU. IS THERE A SECOND? LIKE LIKE, LIKE CRAIG AND ALL IN FAVOR. OCEAN PASSES UNANIMOUSLY ALSO, THANK YOU VERY MUCH. THANK

[12. Receive an update on the Parks, Recreation and Open Space Master Plan. (DB)]

YOU, UH AND YOU GET TO STAY ON THE STAND AGENDA ITEM NUMBER 12 IS TO RECEIVE AN UPDATE ON THE PARKS, REC AND OPEN SPACE MASTER PLAN, MR DAN BAKER. YES SIR. THANK YOU AGAIN. UM I WANT TO COME TONIGHT WITH A WITH AN UPDATE ON OUR PROGRESS ON THE PARKS, RECREATION AND OPEN SPACE MASTER PLAN. UM AS WE'VE TALKED ABOUT IN THE PAST. OBVIOUSLY, PUBLIC ENGAGEMENT IS A HUGE COMPONENT OF THIS AND SOMETHING WE NEED TO DO QUICKLY AND UPFRONT TO GET THE BALL ROLLING IS, UM, BASICALLY RATING AND APPOINTING OUR ADVISORY COMMITTEE AND OUR FOCUS GROUPS.

UM. AND NOW LET ME I'LL JUST STEP IN WHAT EACH ONE REALLY ENTAILS. UM OUR ADVISORY COMMITTEE. THESE ARE WE'VE WE'VE TARGETED KEY COMMUNITY STAKEHOLDERS, AND WE'RE TALKING ABOUT 10. PEOPLE FOR THE COMMITTEE. UM THIS ONE. THESE FOLKS WILL GO TO MULTIPLE MEETINGS FOR, UH THROUGHOUT THE YEAR, AND ESSENTIALLY, THEY'LL MAKE RECOMMEND RECOMMENDATIONS AND GUIDE STAFF BASED ON, UH, DATA THAT'S GATHERED THROUGH THE PROCESS. UM WE DID PRESENT THIS TO PARKS BOARD ON FEBRUARY 8TH AND THEY APPROVED THE ROSTER. I'M ABOUT TO SHOW YOU. UM, THEY WILL BEGIN THEIR FIRST MEETING ON MARCH 5TH. UM THE OTHER COMPONENT TO THIS, UH, WITH THE WITH THESE COMMITTEES, FOCUS GROUPS. WE ALSO ARE LOOKING TO APPOINT TO FOCUS GROUPS. UM THESE WOULD ALSO BE KEY KEY COMMUNITY STAKEHOLDERS. PARTICIPANTS UM, THEY WILL MEET ONE TIME IN A LITTLE MORE INTENSIVE DATA GATHERING CONDUCTED BY OUR CONSULTANTS, ESSENTIALLY DETERMINING WHAT ARE THE COMMUNITY'S NEEDS. UM SO AND LET ME ALSO, UM THE ADVISORY COMMITTEE WERE NOT AS WORRIED ABOUT GEOGRAPHICAL DIVERSIFICATION. UH, BECAUSE WE'RE TARGETING PEOPLE WE KNOW ARE VERY ACTIVE. THESE ARE GROUPS THAT WE KNOW ARE IMPORTANT STAKEHOLDERS TO THE COMMUNITY. THE FOCUS GROUPS HAVE A LITTLE MORE GEOGRAPHICAL DIVERSITY, SO I JUST WANT TO LET YOU KNOW AS YOU SEE, NOW WE ARE STILL WORKING ON INVITATIONS ON THE FOCUS GROUP. WE DID SEND THOSE OUT LAST WEEK. SO WE'RE STILL GETTING, UH, RESPONSES BACK TO THOSE INVITATIONS, BUT, UM, THIS LIST HERE, UH, THIS IS OUR ADVISORY COMMITTEE. UH, ALL OF FOLKS HAVE. UH SAID THEY WOULD BE WILLING TO PARTICIPATE AND HELP US. UM WE CAN GO THROUGH IT. OUR ACTIVE ADULTS LINDA BAKER, WHO'S VERY, VERY ACTIVE, ALSO PARTICIPATES HISTORICAL SOCIETY. UH, SHE'S ALSO A CHRISTMAS FESTIVAL VOLUNTEER. CASTRO FROM THE PARKS BOARD. UM SHE'S OBVIOUSLY A PARKS BOARD MEMBER, BUT SHE ALSO WORKS FOR THE CITY OF FRISCO, UH, PARKS, IMMIGRATION DEPARTMENT, SO SHE'S GOT SOME BACKGROUND ON ON THINGS LIKE THIS, UM, OUR PROSPERITY SPORTS COMMISSION ROBERT PATRICK. HE'S THE PASO PRESIDENT, PISE VALERIE