[Call to Order/ Roll Call.]
          [00:00:03]
          ALL RIGHT. GOOD EVENING. GOOD EVENING. WELCOME TO PROSPER TOWN COUNCIL MEETING TODAY IS TUESDAY , APRIL 16TH 2024 AND AT 615. I CALL THIS MEETING TO ORDER CITIZENS AND OTHER VISITORS ATTENDING TOWN COUNCIL MEETINGS SHALL OBSERVE THE SAME RULES OF PROPRIETY, DECORUM AND GOOD CONDUCT APPLICABLE TO THE MEMBERS OF THE TOWN COUNCIL. ANY PERSON MAKING PERSONAL, IMPERTINENT, PROFANE OR SLANDEROUS REMARKS OR BECOMES BOISTEROUS WHILE ADDRESSING THE TOWN COUNCIL, WHILE OR WHILE ATTENDING THE MEETING SHALL BE REMOVED FROM THE ROOM IF SO, DIRECTED BY THE MAYOR, PRESIDING OFFICER AND THAT PERSON SHALL BE BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL DURING THAT SESSION. DISRUPTION OF A PUBLIC MEETING COULD CONSTITUTE A VIOLATION OF SECTION 42.05 OF THE TEXAS PENAL CODE. OUR ROLL CALL WE HAVE IN ATTENDANCE. UH, MAYOR PRO TEM RAY COUNCIL MEMBER HODGES COUNCIL MEMBER COTTON WELCOME, MR COTTON. GLAD TO SEE YOU. COUNCIL MEMBER KOEHN, COUNCILWOMAN BARTLEY AND, UH, OUR PRAYERS GO TO OUR, UH MAYOR PRO TEM, WHO IS RECOVERING AT HOME, SO WITH THAT, I'D ASK JASON MCCONNELL WITH PROSPER UNITED METHODIST CHURCH TO PROVIDE OUR INVOCATION. WE'LL FOLLOW THAT WITH THE PLEDGES. IF YOU PLEASE STAND THANK YOU, MAYOR. LET US PRAY. WE GOT AT THE END OF A BUSY DAY. WE ARE MINDFUL THAT SOME COME WEARY. SOME COME TIRED. SOME MAY BE A LITTLE HUNGRY, BUT WE COME TO THIS SPACE IN WHICH WE JOIN OUR HEARTS, OUR MINDS OUR ATTENTION ON THE THINGS THAT SURROUND US, UM OR IT'S NOT JUST FOR THIS LOCAL AREA THAT WE ARE MINDFUL WE REALIZE THAT EVEN AROUND THE WORLD THAT THERE ARE MANY THINGS THAT STIR OUR HEARTS. GOT THERE ARE WARS. THERE ARE CONFLICTS AND WE PRAY FOR NOT JUST CONFLICT MANAGEMENT, NOT JUST CONFLICT RESOLUTION, THE CONFLICT TRANSFORMATION. IT LOOKS LIKE PEACE. YOU BRING PEACE, WHETHER IT'S THROUGH THE WORDS THAT WE OFFER ONE ANOTHER IN A MARRIAGE, OR WHETHER IT'S WORDS THAT WE OFFERED ONE ANOTHER ACROSS THE SEAS. WE REALIZE THAT PEOPLE THAT ARE HURTING WE MAY NOT KNOW THEIR NAMES, BUT PEOPLE DO. THEY ARE SOMEBODY'S FAMILY. AND SO MORE BREAK OUR HEARTS FOR WHAT BREAKS YOURS. WHETHER IT BE GLOBALLY OR WHETHER IT'S BACK HERE LOCALLY FOR A NEIGHBOR IS NOT DEFINED BY A STREET. IT'S NOT DEFINED BY ZIP CODE. YOU CREATED US. YOU BREATHED INTO US AS BREATH OF LIFE AND LORD TODAY AS WE BREATHE IT IN FIND OURSELVES SEEKING YOUR PRESENCE. SO LEAD US TONIGHT IN OUR WORDS, OUR ACTIONS OUR MINDSETS. THE PEACE MAY BEGIN WITH US AND LEAD FROM THE SPACE. AS DECISIONS ARE MADE, LORD, SEND THEM OUT AS JUSTICE. HELP US BE MINDFUL THAT WE ARE NOT THE ONLY ONES BUT THERE ARE MANY OTHERS THAT ARE LISTENING. WE'RE THANKFUL FOR YOU. GIVE US THIS NIGHT TO BE A PEOPLE BEYOND JUST THE CONFLICT, BUT THE PEOPLE OF PEACE. 
          QUESTIONING. AND THANK YOU, JASON. PLEASE JOIN ME FOR THE PLEDGE OF ALLEGIANCE. I PLEDGE THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD. THIS ONE WITH THE LIBERTY AND JUSTICE FOR ALL AND NOW TO THE TEXAS FLAG. OH, UNDER THE TEXAS SIDE. AGENCY. TEXAS. ONE DAY UNDER GOD. ONE AND THE SCHOOL. THANK YOU. PLEASE BE SEATED. AT THIS TIME, I'LL ASK COUNCIL MEMBER KERN TO READ OUR ANNOUNCEMENTS. RIGHT. GOOD 
          [Announcements of recent and upcoming events.]
EVENING. REGISTRATION IS NOW OPEN FOR THE UPCOMING PROSPEROUS CITIZENS FIRE ACADEMY, JOIN US AND DIVE DEEPER INTO THE WORLD OF YOUR LOCAL FIRE DEPARTMENT CLASSES WILL RUN 10 WEEKS EVERY THURSDAY EVENING FROM 630 TO 9 P.M. STARTING ON AUGUST. 1ST SPACE IS LIMITED AND REGISTRATION CLOSES ON JULY 11 VISIT PROSPER. TEXAS GOV SLASH CITIZENS FIRE ACADEMY TO REGISTER AND FOR ADDITIONAL INFORMATION. JOIN US ON SEPTEMBER. I'M SORRY. SATURDAY APRIL 27TH FROM NINE TO NOON FOR MEMORIAL MEMORIAL. OH, MY GOSH, MEM. WHY CAN'T I NOT SAY THAT MEMORABLE MEAT MORNING SORRY. IN DOWNTOWN PROSPER FULL OF TAIL WAGGING EXCITEMENT, DELIGHTFUL TREATS AND ADORABLE KEEPSAKES THE PAWS ON BROADWAY. SAY THIS IS WHY A PARTY WILL BE FILLED WITH FAMILY ENTERTAINMENT, LAUGHTER AND SPECIAL MOMENTS AT EVERY TURN. YOU WON'T HAVE TO DO THIS MUCH LONGER, THOUGH, CHRIS FOR MORE INFORMATION, VISIT THE SPECIAL EVENTS PAGE UNDER THE PARKS AND RECREATION DEPARTMENT OR EMAIL EVENTS AT PROSPER.GOV. ALSO ON SATURDAY, APRIL 27TH RESIDENTS MAY DISPOSE OF PRESCRIPTION DRUGS TO THE NATIONAL PRESCRIPTION DRUG TAKE BACK BAY AT THE CENTRAL FIRE STATION, WHICH IS LOCATED AT 911 SAFETY WAY FROM 10 A.M. TO 2 P.M. IS A SAFE WAY TO GET RID OF ANY PRESCRIPTION PILLS AND CONTROLLED SUBSTANCE MEDICATIONS. YOUTH SUMMER CAMP. REGISTRATION IS NOW OPEN, PROSPEROUS SUMMER CAMPS WILL KEEP YOU OR YOUR CHILD MOVING, THINKING AND MEETING FRIENDS VISIT PROSPER TX.GOV/PROGRAMS, 
          [00:05:01]
OR REGISTER FOR ADDITIONAL INFORMATION SUCH AS CAM DESCRIPTIONS, DATES, TIMES, LOCATIONS AND RATES. JOIN US IN OBSERVING THE NATIONAL DAY OF PRAYER ON THURSDAY, MAY 2ND THE GATHERING BEGINS AT 11:30 A.M. AT THE NORTH SIDE OF TOWN HALL WITH PRAYER AND WORSHIP SERVICES BEGINNING AT NOON. AND FINALLY JOIN US ON SATURDAY, MAY 4TH FOR THE MOVIE NIGHT FEATURING THE MOVIE STAR WARS. THE RISE OF SKYWALKER FROM 6:30 P.M. TO 10:30 P.M. THE MOVIE WILL BEGIN AT 7:30 P.M. REMEMBER TO BRING YOUR BLANKETS AND CHAIRS. THIS IS A COMMUNITY EVENT, AND IT'S OFFERED AT NO CHARGE. FOR MORE INFORMATION, VISIT THE SPECIAL EVENTS PAGE UNDER THE PARKS AND RECREATION DEPARTMENT OR EMAIL EVENTS AT PROSPER X.GOV. AFTER TWO YEARS. THANK YOU. DOES ANYONE ELSE HAVE ANNOUNCEMENTS THEY'D LIKE TO HERE. YES, SIR. MAYOR JUST A QUICK CONGRATULATIONS TO THE PROSPER GIRLS SOCCER TEAM THAT WON STATE JUST A FEW DAYS AGO. SO THE SMALL TOWN TO THE NORTH IS ASKED IF I CAN ARRANGE A EXHIBITION BETWEEN THE TWO STATE CHAMPIONS. 
          SO UH, I THINK OUR SIX A WILL GO AFTER THEIR FOUR A. SO UH BUT WE'LL SEE IF WE CAN GET THAT 
          [1. Proclamation recognizing April 14-20, 2024, as National Public Safety  Telecommunicators Week. (MLS)]
DONE. BUT THANK YOU FOR POINTING THAT OUT. VERY GOOD. SO UH, WITH THAT, I'LL MOVE TO OUR FIRST AGENDA ITEM, WHICH IS A PROCLAMATION RECOGNIZING APRIL 14TH TO 2022 24 IS THE NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK. SO IF I COULD HAVE OUR DISPATCH A TELE COMMUNICATIONS TEAM COME FORWARD TO THE PODIUM. 
          THIS IS A TOWN OF PROSPER PROSPER PROCLAMATION, WHEREAS EMERGENCIES CAN OCCUR AT ANY TIME. THEY REQUIRE POLICE FIRE EMERGENCY SERVICES, WHEREAS AN EMERGENCY THE PROMPTS WHEN AN EMERGENCY OCCURS, THE PROMPT RESPONSE OF POLICE OFFICERS, FIREFIGHTERS AND PARAMEDICS IS CRITICAL TO THE PROTECTION OF LIFE AND PRESERVATION OF PROPERTY. AND THE SAFETY, WHEREAS THE SAFETY OF OUR POLICE OFFICERS AND FIREFIGHTERS IS DEPENDENT UPON THE QUALITY AND ACCURACY OF INFORMATION OBTAINED FROM CITIZENS WHO CALLED THE TOWN TO PROSPER EMERGENCY COMMUNICATIONS CENTER AND WHEREAS PUBLIC SAFETY TELE COMMUNICATORS ARE THE FIRST AND MOST CRITICAL CONTACT OUR CITIZENS HAVE WITH EMERGENCY SERVICES. AND WHEREAS PUBLIC SAFETY TELE COMMUNICATORS ARE THE SINGLE VITAL LINK FOR OUR POLICE OFFICERS AND FIREFIGHTERS BY MONITORING THE ACTIVITIES BY RADIO AND PROVIDING THEM INFORMATION AND ENSURING THEIR SAFETY AND WHEREAS THEIR DILIGENCE AND PROFESSIONALISM IMPACTS THE HEALTH, WELFARE AND SAFETY OF THE TOWN AND PROSPER BY KEEPING THE TOWN AND OUR CITIZENS SAFE. NOW, THEREFORE BE IT RESOLVED THAT I, DAVID F BRISTOL, MAYOR OF THE TOWN OF PROSPER, TEXAS, DO HEREBY PROCLAIM APRIL 14TH THROUGH 2020 24 AS NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK IN THE TOWN OF PROSPER TEXAS AND URGE ALL CITIZENS TO JOIN ME IN RECOGNIZING THE DEDICATION AND HARD WORK OF THESE INDIVIDUALS. CONGRATULATIONS. THANK YOU. THANK YOU FOR ALL. CHIEF DO YOU HAVE ANY WORDS FOR THEM? NO, THEY DO IT ALL. D 911. THEY GET THE POLICE FIRE AND EMS. AND WHEN WE HE THAT MIKE ON THE RADIO. THEY GET WHAT WE NEED OUT THERE. SO THEY'RE RIGHT HERE THIS MOMENT. YEAH. COME ON, AND REMAIN CALM THE WHOLE TIME AND KEEP THE KEEP THE OTHER. THE FOLKS CALM ALSO. GOT IT IF YOU WANT TO BE IN THE MIDDLE NARROW ON ONE SIDE AND ON THE OTHER. 
          EXCELLENT. TO OPEN IT. ASKED ONE THANK YOU. SEE YOU. MORE. THANK YOU. THANK YOU. ONCE AGAIN. 
          APPRECIATE IT. I WILL ADD ONE OTHER WORD, AND THAT IS WHAT YOU JUST SAID IS THE KEY. THEY STAY COOL, CALM AND COLLECTED AND YOU GOT TO UNDERSTAND THIS IS ONE OF THE MOST DIFFICULT JOBS IN PUBLIC SAFETY BECAUSE THEY'RE HEARING WHAT'S GOING ON. THEY KNOW WHAT'S GOING ON, AND THERE'S VERY LITTLE THEY CAN DO TO INTERACT WITH THEM, SO THEY'RE STUCK IN A CONSOLE AND TRYING TO GET THE RIGHT THINGS THERE. SO MY HATS ARE OFF TO THE DISPATCH THAT THEY DO AN EXCELLENT JOB. THANK YOU ONCE AGAIN. 
          [CONSENT AGENDA]
ALL RIGHT NOW WE'LL MOVE TO OUR CONSENT AGENDA. ITEMS PLACED ON THE CONSENT AGENDA ARE CONSIDERED ROUTINE IN NATURE AND NON CONTROVERSIAL THE CONSENT AGENDA CAN BE ACTED UPON IN ONE MOTION, NON CONTROVERSIAL ROUTINE PLANNING AND ZONING ITEMS WHERE THERE WAS NO OPPOSITION AND WERE UNANIMOUSLY APPROVED BY THE PLANNING AND ZONING COMMISSION. AND WITH NO COMMENTS IN OPPOSITION, WHERE NO COMMENTS IN OPPOSITION HAVE BEEN RECEIVED BY THE COUNCIL PRIOR TO 
          [00:10:02]
THIS MEETING ALSO MAY BE ACTED UPON DURING THIS PORTION OF THE MEETING ITEMS MAY BE REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF COUNCIL MEMBERS OR STAFF. DO I HAVE ANYONE THAT WOULD LIKE TO PULL AN ITEM FROM THE CONSENT AGENDA? OK? 9 1011 12. ALL RIGHT. THAT LEAVES A COUPLE THAT WE COULD HAVE A MOTION TO APPROVE UNLESS ANYONE ELSE HAS COMMENT. I'LL MAKE A MOTION TO APPROVE CONSENT AGENDA ITEMS TWO THROUGH EIGHT AND 13. ALL RIGHT THERE. WE HAVE A MOTION BY JEFF HODGES. 2ND 2ND BY CHARLES COTTON ALL IN FAVOR. THE MOTION PASSES UNANIMOUSLY. 
          [9. Consider and act upon approving a Professional Services Agreement between Parkhill  and the Town of Prosper, Texas, for the preparation of a conceptual rendering and plans  and construction documents for screening elements and trail / sidewalk within the Right  of Way along Prosper Trail and authorizing the Town Manager to execute documents  for the same. (DB)]
THANK YOU VERY MUCH. ITEM NUMBER NINE WILL BE, UH, DAN BAKER. MR BAKER. AND I DON'T I DON'T HAVE ANY QUESTIONS. I JUST WANTED TO VOTE ON A VOTE TO BE SEPARATE ON THIS ONE. SO UNLESS Y'ALL HAVE SPECIFIC QUESTIONS. I'M GETTING. DID YOU WANNA UM, JUST FOR ME. IT'S I'M GONNA BE VOTING AGAINST THIS ONE IN REGARDS TO THE TIMING, UM, IN REGARDS TO THE PRIORITIZATION UNDERSTAND THAT IT'S UH, BEEN THROUGH THE C IP COMMITTEE AND I RESPECT THE PROCESS. I JUST WANTED TO RECORD THE NO VOTE ON THIS ONE. IT WILL BE NOTED I. I AM THIS I AM CONCERNED ABOUT THE TIMELINE ON IT. AND SO IT'S NOT A NO VOTE. IT'S JUST A IF THERE'S A WAY WE CAN ACCELERATE THIS. IT'S THE PROJECT WAS APPROVED. I THINK SIX MONTHS AGO AND WE'RE JUST GETTING TO THIS DESIGN PHASE NOW, SO IT JUST I'D LIKE TO SEE HIM MOVE ALONG FASTER, AND I'VE NOT NOTED THE TIMELINE IN THE STAFF DESCRIPTION ALSO, SO IT'S GONNA BE JULY OF NEXT YEAR BEFORE IT'S DONE. SO UH, WITH THAT? DOES ANYONE HAVE A MOTION ON THIS PARTICULAR ITEM? I GOT IT. YES. I MEAN TO, UH SO AS THE DESIGNER KNOW THAT THERE'S A BUDGET ON THIS. DO THEY KNOW WHAT OUR BUDGET IS? SO WE HAVE THE CONSULTANTS HERE TONIGHT. IF YOU'D LIKE TO ASK ANY QUESTIONS ON THAT WHAT I SHARE WITH THEM THAT THAT WE HAD BUDGETED A CERTAIN AMOUNT FOR IT AND YES, AND JUST JUST SO WE'RE ALL ON THE SAME PAGE WHEN THIS WAS BROUGHT TO PARKS DEPARTMENT FOR A COST ESTIMATE. AT THE TIME IT WAS FOR A ROW OF IRRIGATED TRUCKS ON THE TOWN'S PROPERTY TO SCREEN THE BACK FENCES NOT TO BUILD A WALL. SO SINCE THEN, THE SCOPE HAS EVOLVED, UH, REQUEST HAS BEEN MADE, UH, FOR IT TO BECOME SOMETHING THAT'S MAYBE A COMBINATION OF MASONRY, UH, WROUGHT IRON AND LANDSCAPE SIMILAR TO SOME OF THE OTHER. NEIGHBORHOOD WALLS THAT ARE IN THE AREA. SO UM INITIALLY WE WERE GIVEN $750,000 THAT INCLUDED THE DESIGN. I I'M GUESSING IF WE'RE WE'RE GONNA STICK WITH THAT SCOPE. WE DON'T HAVE THE FUNDING. TO BUILD THAT WALL. SO WHAT? WE WHAT WE'VE WHAT I'VE HEARD SINCE THEN. NOW WE CAN COME UP WITH MULTIPLE CONCEPTS. IF WE WANT TO DO SOMETHING, THAT'S MORE A LANDSCAPE BASED THAT WE THINK WOULD MEET CLOSER TO THAT. UM WELL, I I'M I'M OPPOSED. IF WE'RE GOING INTO THIS THINKING IT'S IN THAT WE'RE GONNA SPEND 100 AND 57 ON DESIGN AND LEAVE 600 LEFT AND THAT'S NOT GONNA BE ADEQUATE. FOR ME. WE NEED TO GET THIS DONE FOR $750,000. AND SO, UH, I'M I'M OPPOSED TO A DESIGN, SPENDING THE MONEY ON DESIGN WHEN IT'S APPARENTLY UH, EXPECTED THAT WE'RE GOING TO GO OVER WHAT OUR ESTIMATE OUR BUDGET OR ESTIMATE IS A 750. SO DO WE NEED YOU DON'T KNOW UNTIL YOU DO THE DESIGN. WELL THAT SOUNDS LIKE TO ME. WE'RE PRETTY COMFORTABLE BECAUSE OF THE COMPONENTS OF IT. NOW IF YOU SPEND 100 AND 57 ON YOUR DESIGN THAT ONLY LEAVES 600 LEFT FOR THE FOR THE REST OF IT, AND SO, YOU KNOW, IT'S GONNA BE DESIGNED NICE, BUT IT MAY NOT BE THE MATERIALS WE WANT NOW, I THINK ALSO, IF I UNDERSTOOD THE QUESTION ANSWER WAS STAFF. UM IT DIDN'T COST ANY ADDITIONAL MONEY TO HAVE IT DESIGNED WITH A SIDEWALK, SO THAT MAY BE SOMETHING WE PUT IN OUR TRAILS BUDGET FOR A LATER TIME. II I DON'T EXPECT THIS TO BUILD THAT AT THE SAME TIME WITH THE SEVEN AS YOU SAID THE $750,000 BUDGET, BUT AS LONG AS WE'RE DESIGNING SOMETHING, IF WE EVER WANNA PUT A TRAIL CONNECTION THERE, WE MIGHT AS WELL DESIGN IT AT THE SAME TIME, SO I DON'T THINK WE WILL END UP CONSTRUCTING IT AS IT'S GONNA BE DESIGNED WITH THE SIDEWALK, BUT AT LEAST WE'VE GOT IT. READY. SHOVEL READY IF WE HAVE THOSE FUNDS LATER? YEAH, THAT'S WE CAN CERTAINLY MOVE FORWARD WITH THE DESIGN AND AS COUNCILOR, BARTLEY SAID. BUILD IT AT A LATER TIME IF FUNDING IS AVAILABLE, OR IF THAT'S WHAT YOU ALL WANT TO DO. AGAIN THERE'S BEEN SOME SCOPE CHANGE SINCE THE BUDGET WAS PUT FORTH EARLY ON. IS DISAPPOINTING TO ME THAT WE'RE AT THIS POINT. 67 MONTHS 
          [00:15:04]
AFTER WE APPROVED THIS, WE'RE FINDING OUT TO COST MORE AND THAT THE DESIGNS YOU KNOW A THIRD OF IT OR A QUARTER OF IT AND YOU KNOW, AND THEN IT'S GONNA TAKE FOR A YEAR AND A HALF. TO GIVE IT ANOTHER YEAR AND A QUARTER TO GET IT BUILT. THE DESIGN. YEAH, BUT YOU DO KNOW 100 AND 57 OF IT. AND YOU DO KNOW THAT THEY ANTICIPATE IT TO BE MORE THAN THE 750. YEAH SO I YOU KNOW, I I'M IN FAVOR OF THE WORK WE NEED TO DO THERE. I'M NOT AWARE OF ALL THE COMPONENTS THAT HAVE CHANGED THE SCOPE. INITIALLY WHEN WE'RE TALKING ABOUT THIS, IT WAS, UM, SHRUBBERY WAS, YOU KNOW SOME KIND OF UM, EVERGREENS THAT WOULD CONCEAL AND BEAUTIFY THAT AREA, AND SO, UM, I DO THINK THAT WE CAN DO IT WITHIN A BUDGET. BUT UM, I I'M KIND OF WITH CO I. I WON. I WANNA MOVE THIS FORWARD, BUT I ALSO WANNA BE VERY MINDFUL OF THE SCOPE THAT'S BEEN INCLUDED TO MAKE SURE WE'RE PRUDENT WITH THE FUNDS HAVE BEEN ALLOCATED. IS THERE A MOTION THEN? MAKE A MOTION TO APPROVE ITEM NUMBER NINE. I SECOND MOTION BY AMY BARTLEY SECONDED BY, UH MARCUS RAY. ALL IN FAVOR. 1234 ALL OPPOSED. 12 MOTION PASSES 4 TO 2. THANK YOU VERY MUCH. THANKS, DAN. ITEM NUMBER 10. YOU GET TO STAY AT THE PODIUM, AND THAT IS 
          [10. Consider and act upon approving a Professional Services Agreement between Knight  Erosion Control Inc. and the Town of Prosper, Texas, for the design and construction of  erosion control improvements in Frontier Park and for the Doe Branch Property and  authorizing the Town Manager to execute documents for the same. (DB) ]
THE, UH, FRONTIER PARK EROSION CONTROL AND DOUGH BRANCH. YEAH, THIS IS, UM I. I WANT TO PULL THIS ON BECAUSE THERE'S JUST A FEW ITEMS IN HERE. I HAD CLARIFYING QUESTIONS, AND I APPRECIATE TOWN MANAGER SENDING ME SOME RESPONSES TO THE APPROACH. UM PRIMARILY AROUND THE ITEMS THAT ARE NOTED FOR FLOOD STUDY, IF REQUIRED, BUILDING IT INTO THE BASE COMPONENT OF THE AMOUNT. UM I THINK ONCE YOU ALLOCATE THAT AMOUNT, IT'S VERY HARD TO SAY. 
          BECAUSE THE AMOUNTS BEEN ALLOCATED. IT'S NOT REQUIRED OR IS REQUIRED. UM, YOU KNOW, I DON'T KNOW THIS THIS FIRM DIRECTLY, BUT I IMAGINE THEY'RE VERY REPUTABLE OR WE WOULDN'T BE CONSIDERING THEM. SO I JUST HAVE A JUST A GENERAL POLICY. APPREHENSION ABOUT APPROVING A AMOUNT THAT'S NOT NECESSARILY NOTED THAT IT'S REQUIRED. THE OTHER COMPONENT THAT I HAD IN THERE, AND I UNDERSTAND WE'RE LEVERAGING A MUNICIPALITY CONTRACT OUT OF GARLAND TO UTILIZE THIS SERVICE. UM FEW DIFFERENT ITEMS IN HERE. THERE'S SEVERAL DIFFERENT PLACES WHERE IT'S REFERENCING LIKE THE BUYER IS, UM, THE TOWN OF GARLAND, WHICH IS NOT THE CASE, RIGHT. 
          JUST WANNA MAKE SURE THAT WE'VE GOT THOSE ITEMS CLEARED UP. THE OTHER CONCERN THAT I HAD IS IN SEVERAL DIFFERENT PLACES WHERE WE'RE APPLYING RIP WRAP. UM THE AMOUNT PER SY, UM, OF RIP RAP. 
          UH IS A LOT MORE EXPENSIVE THAN JUST, UH WHAT I'VE SEEN WITH, LIKE TEXT DOT AND OTHERS THAT BUY MUNICIPALITY SERVICES. ALMOST UH, DIFFERENT DEPENDS ON THE SIZE OF THE RIP WRAP. YOU GET RIGHT THE SIZE OF THE STONES. RIP RAP CAN TAKE SHAPE IN A LOT OF DIFFERENT FORMS. SO UM, YES AND I. I DID SEE YOUR COMMENTS ON THAT. UM, I HAVEN'T SEEN WHAT WHAT YOU'RE REFERRING TO. I DON'T KNOW IF THAT'S A UNIT COST MATERIAL. I DON'T KNOW IF THAT INCLUDES LABOR OR ANYTHING ELSE. WITH THAT I LOOKED AT ALL THE DIFFERENT AND I'M HAPPY TO SHARE IT WITH YOU. 
          AND JUST THE TIME FRAME FOR THE MEETING. I JUST MY INITIAL CONCERN WAS THERE'S TWO DIFFERENT RATES FOR THE FROM THE SAME VENDOR FOR TWO DIFFERENT PROJECTS FOR R ROT. UM ONE'S 645 . THE OTHER IS LIKE 675. PER SY. UM AND THE COST THAT I WAS ABLE TO FIND THROUGH MUNICIPALITIES THAT PURCHASE UM I FOUND A COST OVER A THIRD OR HALF OF THE AMOUNT THAT'S BEING PROPOSED. I JUST WANT TO MAKE SURE WE FULLY VETTED THIS, UM AGAINST OTHER MARKET RIP RAP THAT BECAUSE IT'S A CONSIDERABLE AMOUNT $330,000 FOR RIP RAP, AND IF THERE'S A PRICE OUT THERE AT HALF OR A THIRD, I WANNA MAKE SURE WE EXPLORE THAT. AND IT'S AN APPLES TO APPLES COMPARISON AND WE CERTAINLY HAVE THE OPTION WE COULD YOU DON'T HAVE TO APPROVE THIS TONIGHT. WE CAN TAKE THIS BACK. WE CAN HIRE A CONSULTANT OR AN ENGINEER TO COME IN AND DESIGN IT AND THEN WE CAN PUT IT OUT THE BID. YOU'RE TALKING MONTHS TO DO THAT. UM BUT WE CAN CERTAINLY DO THAT. PART OF THE REASON WE WERE USING THE WE CALL IT PIGGYBACKING ON ANOTHER CONTRACT WAS TO EXPEDITE THE PROJECT. UM SO AND I DON'T WANT TO DELAY THE PROJECT. BUT I WANT US TO BE MINDFUL THAT THAT'S A CONSIDERABLE AMOUNT OF MONEY, ALMOST $400,000 DIFFERENTIAL. SO MY ASK IS IF THIS IS APPROVED TONIGHT, DO WE TAKE A LOOK AT THAT LINE ITEM? SPECIFICALLY, UM AS WE'RE MANAGING THIS PROJECT, AND THAT'S MY CAUTION AND CONCERN TO THE COUNCIL. UNDERSTOOD. THANK YOU. ANY OTHER COMMENTS ON THE SIDE. I THINK ONE OF THE THINGS WITH THIS SPECIFIC VENDOR IS A DESIGN 
          [00:20:06]
BUILD, SO THEY'RE DESIGNING IT, AND THEY'RE GONNA BUILD IT. SO I. I DOUBT THEY WOULD DESIGN IT AND THEN GO ALLOW US TO GO EMBED IT SOMEWHERE ELSE, SO IT IT'S I'M I'M NOT SAYING WE'RE AT THE MERCY OF THIS VENDOR, BUT THEY'RE DESIGNING IT. THEY'RE BUILDING IT. OR CONTRACTING WITH THEM, BUT IS, MR BAKER SAID. IF THERE'S UNCOMFORTABLENESS BECAUSE WE'RE NOT SURE THEN WE CAN I WE CAN HAVE THIS PROJECT. DELAYED OR STOPPED, AND THEN WE CAN JUST START THE PROCESS OVER FROM MY AWARENESS. HAVE WE USED THIS OUTFIT BEFORE? THIS FIRM. UM IN PROSPER. I AM NOT SURE ABOUT IMPROPER I KNOW COUNCILOR COTTON HAD ACTUALLY ASKED US TO TAKE A LOOK AT THIS ONE. I HAVE USED THEM, UM IN MY PAST JOB AS WELL AS, UH, KURT BHS. THEY DO EVERYTHING IN LOS COLINAS. ALL THE FOUR SEASONS GOLF COURSES ALL THE WATERWAYS THROUGH LOS COLINAS. SO THEY'RE THEY KNOW WHAT THEY'RE DOING? I HAVEN'T LOOKED. I DON'T KNOW THE PRICING. THAT CLEARLY THEY'RE CAPABLE AND BEEN DOING IT FOR 20 YEARS OUT THERE. IT'S NOT EASY WORK. I MEAN, THE FRONTIER POND PROBABLY IS NOT THE MORE DIFFICULT OF THE TWO. BUT WHEN YOU GET INTO AAA CREEK AREA, UM IT CAN BE TOUGH. UH, THERE'S A THERE'S A LOT OF DIFFERENT THINGS GOING ON. THERE UM, THEY'RE ALSO HELPING US WITH THERE'S A, UM MOUNTAIN BIKE. BY CROSSING THE CROSSES THE CREEK. 
          SO THEY'RE ALSO ASSISTING US WITH, UH, REINFORCING THAT BRIDGE. THAT BRIDGE WAS IMPACTED WITH ONE OF THE RAIN SEVERAL MONTHS AGO. UH, SO THERE IS SOME WORK IN THERE FOR THAT AS WELL. 
          SO OK, I'VE I'VE GOT MY COMING OTHER COMMENTS ON THIS ITEM. THERE A MOTION UM, GO AHEAD AND MAKE A MOTION TO APPROVE ITEM NUMBER 10. OK. MOTION BY MARCUS RE SECOND BY AMY BARTLEY ALL IN FAVOR. MOTION PASSES UNANIMOUSLY. THANK YOU VERY MUCH. NEXT ITEM IS ITEM NUMBER 
          [11. Consider and act upon authorizing the Town Manager to execute the First Amendment  to the Roadway Construction Reimbursement Agreement between MSW Prosper 380  II, LP, and the Town of Prosper, Texas, related to the construction of roadways within  the Town’s Tax Increment Reinvestment Zone No. 2 (TIRZ No. 2). (HW)]
11, HE WEBB. MAYOR COUNCILOR. BE GLAD TO ANSWER ANY QUESTIONS YOU HAVE ON THIS AS WELL AS I HAVE, UH, DAVE BON, WHO'S UH, OVERSEEING THIS FOR MATTHEW SOUTHWEST HERE IN THE AUDIENCE AS WELL. TO HELP ANSWER THE QUESTIONS YOU MAY HAVE. OK? LIKE TO START. I'LL GO AHEAD AND I GUESS KICK IT OFF I. I PULLED THIS OUT AND PRIMARILY JUST UNDERSTAND. THE TIMING SEQUENCE AND AGAIN I APPRECIATE TOWN MANAGER AND STAFF FOR PROVIDING THE SEQUENCES, BUT, UM , MY UNDERSTANDING OF THE THIS CONCESSIONS OR AN AGREEMENTS WHERE BASICALLY THEY HAD EXPIRED. AND, UH, HAVE BEEN EDUCATED THAT WE ARE TWO DAYS AWAY FROM THE DATE TO CLAIM SO I JUST I WANT TO UNDERSTAND IF THEY'RE FOR MATTHEW SOUTHWEST, THE TEARS IF THIS PARTICULAR ITEM HAD TRULY EXPIRED IN THIS COST WHEN THEY WERE INCURRED TO THE EXPIRATION DATE. I'M NOT SURE IF I CAN ANSWER THAT IF WE WOULD YOU SAID IF WE LET IT IF IT DID EXPIRE, WOULD WE CAPTURE THE COSTS? NO I. I THOUGHT IT WAS ALREADY EXPIRED IS WHAT I UNDERSTAND TO BE. THE AGREEMENT HAS EXPIRED. IT HAS IT'S THE AGREEMENT WENT TO AN EFFECT. UH UH, 41 OF 2022. IT WAS AGREED TO OR EXECUTED BY THE COUNCIL IN THE MONTH OF APRIL IN 2022, SO EXACT MARCH, 30TH OR RIGHT IN THE SAME TIME FRAME AS WE SPEAK JUST WITHIN DAYS. OK? SO IT IT IS EXPIRED. CORRECT, OK? YES. SO CHARLES ANYTHING YEAH, I JUST IT SEEMS TO ME THAT, UH YOU GOT $14.5 MILLION HERE WE'RE TALKING ABOUT THAT WE AGREED TO A DATE. THAT I ASSUME THAT THEY AGREED TO AS WELL, OBVIOUSLY, AND, UH, AS A AS WE SIT HERE TODAY, WE DON'T KNOW $14.5 MILLION BECAUSE THEY DIDN'T MEET THE TERMS OF THAT AGREEMENT IS MY UNDERSTANDING. IS THAT ACCURATE? THE UNDERSTANDING OF THE STAFF AS WELL. THANK YOU. IF YOU LOOK AT THE EMAIL, NEITHER STAFF NOR I THINK THE DEVELOPED AT THAT POINT REALIZED THE DATE AND THERE LIKE YOU SAID IT WAS PART OF THE ORIGINAL AGREEMENT IS THAT IS THAT A IS THAT A FROM A LEGAL STANDPOINT? STAFF OVERLOOKED NOT KNOWING THE DATE. 
          HAS NOTHING TO DO WITH WHETHER WE OWE THE MONEY AT THIS POINT, DOES IT? I MEAN, DO YOU ALL BELIEVE WE SO WE DON'T OWE THE MONEY RIGHT NOW. AND SO WE'RE MAKING A $14.5 MILLION DECISION RIGHT NOW. WE'RE GONNA SPEND $14.5 MILLION IF YOU ALL AGREE TO THIS NOW, THAT THAT OTHERWISE WE DON'T KNOW. NOW YOU YOU MAY FEEL SOME DUTY TO DO IT. BECAUSE ONE YOU DON'T FEEL LIKE IT WAS 
          [00:25:06]
THEIR FAULT. OR YOU MAY, UH, BUT I, I DON'T UNDERSTAND. YOU KNOW WHAT'S THE POINT IN PUTTING DATES IN AGREEMENTS? IF ALL WE'RE GONNA DO IS COME BACK AND SAY, OH, SOMEBODY DELAYED THE AGREEMENT. REALLY THEY DIDN'T MEAN TO. IT WAS ACCIDENTAL. IT WAS SOMETHING ELSE. AND NOW WE NEED TO HAVE MORE MONTHS. WHAT HAPPENS WE'LL HAVE MORE MONTHS FROM NOW. CAN YOU CAN WE? CAN YOU EXPLAIN WHY WE NEED 11 MORE MONTHS ON IT? YEAH. THINK, DAVE, SPEAK TO WHETHER YOU'RE ON THE TIMELINE NOW. THANK YOU. UH, THANK YOU, DAVID BENYON, WITH, UH, FIFTH REAL ESTATE AND MATTHEWS OVERSEEING THIS PROJECT , AND I APPRECIATE THAT COMMENT AND CONCERN. UH, MR COTTON, UM I AS BACKGROUND. UH, WE, UH, I, I WOULD SAY WE FAITH HAVE BEEN PROSECUTING THE WORK HERE WITH WITH CERTAINLY COMMERCIALLY REASONABLE EFFORTS. UH, THE HOLD UP HAS BEEN AND WE WOULD HAVE BEEN DONE REALLY MONTHS AGO. UH THE HOLD UP HAS BEEN AN ISSUE THAT IS REALLY OUT OF OUR CONTROL. AND FRANKLY, THE TOWNS OF THE TOWN HAS BEEN WORKING ON WITH US. THE UH, THAT HAS TO DO WITH THE ATMOS, UH, AND WHAT IS ALLOWED WITHIN AN EASEMENT AREA WITHIN THE MEDIANS ON ON MEH, UM , AND, UH AND THAT HAS JUST TAKEN MONTHS AND MONTHS TO WORK OUT WHAT THAT IS NOW RESOLVED, SO WE ARE ABLE TO GO FORWARD. WE DID. WE DID, UH, CATCH THE DATE. UH, JUST I. I BELIEVE IT WAS A COUPLE OF DAYS BEFORE THE FIRST DEADLINE. AND SO WE DID FLAG IT BEFORE THAT DATE AND, UH AND REACH OUT TO THE TOWN ABOUT IT. AND UH AND, UH, YOU KNOW, II. I APOLOGIZE FOR THE SHORT TIME ON THAT, BUT WE DID. WE DID FLAG IT BEFOREHAND AND THEN UH UH ASKED WHETHER THAT COULD BE AN ADMINISTRATIVE APPROVAL OR WHETHER THAT NEED TO BE COUNSELING NEEDED TO GO TO COUNSEL. AND THAT'S WHY WE'RE HERE AFTER THE DATE THAT THAT'S REALLY ALL I CAN GIVE IN TERMS OF BACKGROUND, UH, AND WHERE WE ARE, BUT, UH, YOU KNOW, I WOULD CERTAINLY HOPE THAT WE STICK TO THE INTENT, AND I THINK IT WOULD BE, UH I THINK IT WOULD BE, UH UH, SOMETHING THAT COULD WELL I MEAN, I, I THINK IN GOOD FAITH, THERE'S A LEVEL OF PARTNERSHIP HERE THAT I WOULD I WOULD HOPE WE COULD HONOR AND WOULD WOULD BE GOOD FOR THE WHOLE. DEVELOPMENT COMMUNITY. OH YES. 
          THE UH, THE TO 12 MONTHS IS MORE THAN IS NEEDED THE LONGEST LEAD ITEM SO WHAT'S LEFT IS ESSENTIALLY, UM LANDSCAPING AND STREET LIGHTS. UH, THE CRITICAL PATH. UH, IS A LONG LEAD TIME ON STREET LIGHTS. SO THE WE CAN WE ARE ORDERING BETWEEN YESTERDAY AND TOMORROW. I MEAN, RIGHT NOW IS WHEN THE STREET LIGHTS ARE GETTING ORDERED. THAT'S A 15 WEEK LEAD TIME ON GETTING THE STREET LIGHTS. IN PLACE AND THEN PROBABLY 4 TO 5 WEEKS OF WORK TO GET IT DONE. SO WE'RE LOOKING AT 20. 20 WEEKS ON THE SCHEDULE. UH, I MEAN, I WOULD CERTAINLY BE COMFORTABLE WITH HOLIDAY YEAR END DATE. NOT A YEAR FROM TODAY, UM UH AND, UH, I DON'T SEE ANY REASON WHY WE WOULDN'T BE DONE WITHIN THAT, YOU KNOW VERY CLOSE TO 25 WEEK TIME FRAME. WHEN YOU STARTED THIS PROJECT, WERE YOU NOT AWARE YOU'RE GOING TO PUT STREET LIGHTS IN? UH WE WERE AWARE THERE ARE TWO AGAIN. THIS IS A BIG, COMPLICATED PROJECT. THERE ARE TWO SETS OF PLANS. THERE'S A SET OF PLANS FOR PRAIRIE AND A SET OF PLANS FOR MAYHAR. WE WENT AHEAD AND ORDERED THE STREET LIGHTS FOR PRAIRIE IN ADVANCE. THAT'S READY TO GO. UH, MAYHAR WAS, UH, IN QUESTION AS TO WHETHER STREET LIGHTS WOULD BE ALLOWED TO GO IN BECAUSE OF THIS CONFLICT WITH ATMOS AND WHAT'S ALLOWED IN THE MEDIA. AND SO WE HAD WE REALLY HAD TO WAIT TO GET THAT RESOLVED. UH, BEFORE WE ARE WE ABLE TO, UM PUT THAT ORDER IN. I KNOW IT WAS CHARLES. I WAS ASKING YOU. YOU HAD QUESTIONS, BUT I'M ASKING ANOTHER QUESTION. WHEN DID YOU FIRST NOTIFY THE TOWN THAT YOU WOULD NOT MEET THE DEADLINE. UH, IT WAS AT IT WAS AT THE END OF MARCH. WE IT WAS JUST MARCH OF 24. YES THAT WAS NOT ON OUR RADAR, EITHER. I MEAN, WE WERE FRANKLY LUCKY TO CATCH THAT THAT DATE COMING. TO EXPIRE RIGHT BEFORE IT DID IT JUST WE NEVER MIND STANDING THE AGREEMENT. THEY THE TIME THEY NOTIFY US HAS NOTHING TO DO. THAT'S NOT. YEAH, THAT'S NOT MY POINT. THAT'S NOT WHEN THEY COMPLETE IT. IT HAS TO DO WITH THAT. I'M SIMPLY TRYING TO UNDERSTAND IF THEY HAD GIVEN US NOTICE A YEAR AGO TO UNDERSTAND, UH, SO AND IS THERE UM KIND OF BELONG WITH THAT. I MEAN, BUT IS THERE A LANGUAGE UM, EXTENSION LANGUAGE IN THE CONTRACT AS IT EXISTS? I GUESS THAT'S FOR HUMAN. I DON'T RECALL IT BEING IN THERE THE WHOLE POINT OF THIS MEETING. SO IN YOUR CONTINUING ON IN YOUR THE ORIGINAL AGREEMENT, UH, DATED TWO YEARS AGO, YOU HAVE AAA 10% CONTINGENCY OF $1.264 MILLION. WHERE ARE YOU ON YOUR BUDGET TODAY? UH, WE ARE. UH, THE COSTS 
          [00:30:11]
ARE HIGHER THAN THE ORIGINAL BUDGET. UH I'D HAVE TO GO. I'D HAVE TO GO BACK AND LOOK AT EXACTLY WHERE WE WHERE WE COME IN. UH, ON. THAT IS YOUR ESTIMATE THAT THE WHOLE CONTINGENCY HAS BEEN USED. III I ? I'M SORRY. MAY I NEED TO COME BACK? I JUST WANT TO MAKE SURE I GIVE THE RIGHT INFORMATION ON THAT. BUT HAPPY TO FOLLOW UP WITH THAT. AND FOR THE RECORD, YEAH, THE STREET LIGHTS WERE BUDGETED AT A MILLION BUCKS. BACK IN THE ORIGINAL AGREEMENT, SO THERE WAS AN AWARENESS. I JUST DON'T KNOW HOW MUCH IT'S A VERY DIFFICULT CONSIDERING FOR ME. TO KNOWING THE HISTORY OF THIS PARTICULAR DEVELOPMENT AND THE UH, LESS THAN HELPFUL MANNER THAT MANY THINGS HAVE BEEN CONDUCTED IN THIS PARTICULAR DEVELOPMENT. UH IT'S HARD TO UNDERSTAND HOW WE CAN BE PUT IN THIS POSITION TODAY. I ALSO SEE IT FROM YOUR POINT OF VIEW. 
          YOU'VE INVESTED SOME MONEY IN THERE THAT YOU THOUGHT YOU WERE GOING TO GET BACK. SO THIS IS A VERY, UH CHALLENGING CASE FOR US HERE. SO YEAH, I AND MY CONCERNS ARE A COUPLE DIFFERENT LEVELS. 
          FIRST OFF THAT, YOU KNOW THE AWARENESS THAT YOU HAD A TIME FRAME, AND THERE WAS NO NOTIFICATION OUTSIDE OF THREE DAYS BEFORE THE EXPIRY. AND THEN YOU KNOW, ON THE TOWN SIDE. WHAT TRIGGERS WE HAVE IN PLACE TO NOTIFY. HEY, WE'RE SIX MONTHS OUT. WE'RE THREE MONTHS OUT. YOU KNOW, I WANNA MAKE SURE THAT ON BOTH SIDES, I DON'T WANT TO SET A BAD PRECEDENT HERE BECAUSE UH, COUNCILMAN CARTON'S POINT IT WOULDN'T IT BE RELEVANT TO HAVE DATES IN THE CONTRACTS? IF YOU DIDN'T HONOR THEM? I THINK YOU KNOW, WITHIN THE SPIRIT OF WHAT WE WANNA DO HERE. I? I'M JUST I'M VERY CAUTIOUS. I THINK A NORMAL IN SOME CASES THERE'S LIQUIDATED DAMAGES ON ON PROJECTS THAT ARE NOT COMPLETED. I DID NOT SEE THOUGH THAT IN THIS PARTICULAR AGREEMENT, THOUGH, SO UH, I'M CURIOUS. WHY IT IT WASN'T I MEAN, ANYTHING THAT HAS A TIMELINE. IF YOU DON'T HAVE AN ENFORCEMENT PROVISION, CONSEQUENCES IF YOU HAVE NO ENFORCEMENT PROVISION, THEN YOU GET WHAT WE HAVE TO CONSENT. THE CONSEQUENCE RELATED TO IT IN THIS CONTRACT IS WE DON'T OWE THEM THE MONEY. NOW SO THE CONTRACT BECOMES N. THAT'S RIGHT. THE CONTRACTS NULL AND VOID, RIGHT? SO BUT CAN WE LOOK AT AN AMENDMENT? PERHAPS TABLING THIS AND LOOK AT AN AMENDMENT THAT HAS LIQUIDATED DAMAGES SINCE THE AMENDMENT WE'RE LOOKING AT TONIGHT DOES NOT THAT HAS SOME AMOUNT OF LIQUIDATED DAMAGES, JUST AS WE WOULD ANY CONTRACTOR THAT WAS 11 MONTHS DELAYED ON A PROJECT WE WOULD CHARGE FOR THAT, IF YOU I MEAN, WE WOULD OTHER ROADS. SO IT'S A WIN WIN FOR EVERYBODY. BECAUSE WE HAVE SOME CONSIDERATION FOR THE DELAY AND YOU GET SOME OF YOUR MONEY BACK INSTEAD OF ZERO. THAT'S THAT'S WHAT I WOULD PREFER US TO DO IS SO I DEFER COUNSEL. THAT'S WHETHER OR NOT WE CAN ASK FOR A DIFFERENT AMENDMENT. LET ME THROW A SUGGESTION OUT. YOU KNOW, IN OUR CONSTRUCTION CONTRACTS ON ROADS AND WE HIRE CONTRACTORS TO DO THIS INSTEAD OF AND WE PAY THE CONTRACTORS ALONG THE PROCESS INSTEAD OF A DEVELOPER. THERE ARE PENALTIES ASSOCIATED WITH LATE DELIVERY. OUR EXTENSIONS, BUT THEY HAVE PENALTIES ASSOCIATED THEY ECONOMIC CONSEQUENCES. DOES ANYBODY KNOW WHAT THOSE ARE THOSE YOU LEARN. 
          WHAT ARE THOSE PENALTIES TYPICALLY FOR DELAYS. I THINK THEY SAID I WITH A CONTRACTS WITH CONTRACTORS ASIDE, BASED ON THAT VALUE TO BE THE MAX WOULD BE 1000 A DAY. IS IT 1000 A DAY OR IS IT UH, 2% TOTAL, SO IT'S ON BASED ON THE VALUE. I THINK ONCE YOU GET OVER, UH MAYBE IT'S 2 MILLION. YOU CAN GO FROM 500 TO 1000 A DAY. AND THEN THAT THERE IS NO NO CAP ON THAT VALUE AT 1000 A DAY. SO MAYBE THAT'S A SOLUTION. MM. AT LEAST AT LEAST IT PUTS THE DATE HAVING SOME CONSEQUENCES. I DON'T KNOW, I. I WOULD BE AGREEABLE TO THAT. I WOULD NOT IN A YEAR, THOUGH. NO? YEAH, BUT DO DO AN EXTENSION FOR SIX MONTHS WITH $1000 A DAY TO LIQUIDATE THE DAMAGES. WE DO THAT? CURSING THIS IS A FIRE BECAUSE THIS IS I THINK I'M SORRY. SORRY. NO, PLEASE, BECAUSE THIS IS AN AGREEMENT WITH ANOTHER PARTY OF WE CAN MAKE A MOTION TO SAY, WELL, THIS IS WHAT WE'LL AGREE TO IT OR HE DOESN'T HAVE TO ACCEPT IT. YOU YKNOW WHAT'S BEFORE US IS WHATS ALTERNATIVE IS HE DENIED IT. AND SO, UM, WE CAN POSTPONE IT TO THE NEXT MEETING OR TABLE IT UNTIL THE FUTURE FUTURE TIME. UM IN THE MEANTIME, THE CURRENT AGREEMENT JUST KIND OF STAYS IN A LIMBO STATUS. UH, OR, UH, THERE MAY NOT WHO KNOWS WHAT WHO ? WHAT WE OWE TO EACH OTHER 
          [00:35:02]
BECAUSE IT HAS TECHNICALLY EXPIRED. CURRENTLY IT IS KIND OF IT. WE CAN AND THEN IT WE CAN'T EVEN THOUGH IT HAS TECHNICALLY EXPIRED. SO UM, WHATEVER YOU ALL DECIDE TO DO, I THINK EITHER OPTION AGAIN. IT WAS JUST ANY CHANGES. WE NEED TO HAVE THEIR APPROVAL. OTHERWISE, THERE WON'T BE ANY AGREEMENT. ALL. UH UH, WELL OR THE TABLE LOOKING FOR STAFF TO GO BACK AND NEGOTIATE THAT? WITH THE INTENT. I'M SORRY. NO BUT THE INTENT IF A NEW TABLE TONIGHT BUT WITH WITH THE INTENT IS WE KNOW THAT AS OF NOW THEY'RE BEHIND. RIGHT BECAUSE THEY'RE NOT COMPLETED. 
          SO ANYTHING FROM HERE TO WHATEVER EXPECTED DATE ON THE COMPLETION OF THE PROJECT. BE $1000 A DAY. IS THAT THE INTENT $1000 A DAY UNTIL THE PROJECT IS COMPLETED, AND WITH AN OUTSIDE DATE ON THAT AGAIN, SURE. THAT'S AT LEAST WHAT I HEAR PEOPLE TALKING ABOUT. THAT'S DIP. OUR CONSTRUCTION CONTRACTS ARE SIMILAR TO THAT. YEAH. IT'S JUST TO CLARIFY. I'M NOT SURE THAT I'M THAT I JUST WANNA MAKE SURE I'M DUMB. UH SO ARE WE TALKING ABOUT A SIX MONTH EXTENSION? UH AND UPON UPON THE END OF THAT SIX MONTHS. IF WE'RE NOT DONE THAT SIX MONTHS, THEN WE ACCRUE $1000 A DAY PENALTY? NO, AFTER THAT TIME, NO, THAT'S NOT MY INTENT. $1000 A DAY BEGAN ITS EXPIRATION OF THIS THIS. I WOULD . I WOULD. I WOULD. CERTAINLY UH, I MEAN, VERY WILLING TO WORK ON A MUTUALLY AGREEABLE AGREEMENT. AND IF WE TABLE THIS TONIGHT, I WOULD CERTAINLY CONTEST THAT. UH, II. I UNDERSTAND THAT THE TIMING IS DONE, BUT IN TERMS OF, UH I MEAN , II. I REALLY THINK HONESTLY, WE'VE BEEN WAITING FOR THE CITY TO WORK OUT, UH, TO WORK OUT THE SOLUTION THAT WE'VE BEEN WAITING FOR WITH ATMOS. OK, THAT'S NOT ANYWHERE MY STAFF REPORT, SO YOU'LL HAVE TO OK, IF YOU WANT TO GIVE A CLARIFICATION OF THAT. YOU A QUESTION. YOU SAID YOU'VE BEEN WAITING FOR THE CITY. WHAT HAVE YOU BEEN WAITING ON? I MEAN, I THINK WE'VE BEEN WORKING TOGETHER IN TRYING TO GET A SOLUTION FROM FROM ATMOS. BUT ULTIMATELY THE ULTIMATELY WE CAN'T DO THE WORK UNTIL WE HAVE APPROVED PLANS FROM THE TOWN AND THAT'S WHAT WE'VE BEEN WAITING FOR, AND THE HOLD UP HAS BEEN UH, HAVING A RESOLUTION BETWEEN THE TOWN AND ATMOS SO THAT WE COULD GET APPROVED PLANS FROM THE TOWN. THAT'S YEAH. AGAIN. THAT'S WHERE WE I THINK WE TRIED TO. MAYBE MAYBE EVEN EXPLAIN IT CLEAR ENOUGH IN THE STAFF REPORT , BUT THE STAFF REPORT DID SAY THAT THESE ARE THINGS THAT WERE NOT WITHIN THEIR CONTROL. THESE DELAYS AGAIN. WE'RE AT TRYING TO GET THEM TO APPROVE. THAT'S NOT THE QUESTION, THOUGH, WHETHER IT'S THEIR CONTROL HIS ALLEGATIONS HE'S WAITING FOR STAFF. YEAH WE'RE HAVING TO WORK WITH ALL TOGETHER, BUT ULTIMATELY WE'RE HAVING TO GET THAT APPROVAL FROM ADS. THAT'S WHY I SAY IT'S NOT IN THEIR CONTROL. IT IS SOMETHING THAT WE WERE HAVING TO WORK WITH TO GET APPROVAL FROM AGNES. AND I HATE I HATE TO BELABOR THIS, BUT THEY THEY THEY WILLINGLY AND WE DIDN'T FORCE THEM INTO THIS AGREEMENT. RIGHT THERE WAS SOMETHING THEY ENTERED INTO TO MAKE PROFIT. I'M SURE SOMEWHERE IN HERE WE DIDN'T DID WE IMPOSE THE TIME FRAME ON THEM? WE SAY YOU MUST BE DONE IN TWO YEARS. 
          NO I KIND OF VAGUELY REMEMBER. I THINK THE TIMELINE WAS JUST TO SHOW THE COMMITMENT TO DO THE PROJECT BASED ON SOME OF THE HISTORY FOR THE TO OUR AGREEMENT, SO DO WE HAVE A MOTION TO TABLE? I MAKE A MOTION TO TABLE ITEM NUMBER 11 TO THE MEETING ON APRIL 30TH. HOW ABOUT MAY? NO. I HAVE A MOTION BY AMY SECOND BY MARCUS RAY ALL IN FAVOR. 123 MOTION PASSES UNANIMOUSLY. THANK YOU. ALL RIGHT. THANK YOU. THAT IS OUR CONSENT AGENDA. MAY NOT HAVE SEEMED LIKE IT. HAD 12 AS WELL. I'M SORRY. ITEM NUMBER 12. THE DEVELOPMENT AGREEMENT BETWEEN 
          [12. Consider and act upon authorizing the Town Manager to execute a Development  Agreement between Hunt Wandering Creek Land, LLC, and the Town of Prosper  relative to Wandering Creek. (DH)]
HUNT WANDERING CREEK LAND THE TOWN OF PROSPER RELATIVE TO WANDERING CREEK, MR HOOVER. 
          MAYOR COUNCIL. IN SHORT. UM, AND THE ANSWERED SOME QUESTIONS. WHAT QUESTIONS DO YOU HAVE, MARCUS? YEAH, I GUESS THE MY UNDERSTANDING WITH THIS IS THAT IN THE PLAN DEVELOPMENT THERE WAS AGREED UPON MATERIALS AND THEN I THOUGHT I READ IT IN THE PACKET. AND MAYBE I'M MISUNDERSTOOD, BUT THAT THERE WAS ALREADY A DEVELOPERS AGREEMENT SO CLARITY TODAY AT ABOUT AN HOUR AGO WAS THAT THERE'S NOT A DEVELOPER AGREEMENT, SO I JUST WANTED TO MAKE SURE THAT WAS CLEAR ON THAT. AND IT SOUNDS LIKE A THEY'RE THERE WAS AND Y'ALL MAY HAVE SEEN THIS BEFORE, AND YOU PROBABLY CONTINUE TO SEE IT, BUT WE GENERALLY HAVE WHATEVER THOSE 
          [00:40:02]
TYPES OF RESTRICTIONS ARE BUILDING MATERIALS AND WHATEVER OTHER CONDITIONS WE MAY PUT IN WHEN WE'RE CREATING A PD. WE HAVE THOSE LISTED IN THE PD. BUT WE CAN'T ENFORCE IT OUT OF THE PD BECAUSE THAT ZONING AND THAT'S WHAT THE LEGISLATURE TOOK AWAY FROM US. SO WITH THAT THERE IS A DEVELOPMENT AGREEMENT AND THAT STARTED AFTER, UH 2019 WHEN THE LEGISLATURE MADE THE SWITCH ON US, AND SO IT IT APPEARS IN BOTH PLACES AND IT USED TO JUST HAVE TO APPEAR IN THE PD. WHICH WAS THE CASE HERE. BUT THIS WAS DONE IN JULY OF 2018 RIGHT BEFORE THE SWITCH. AND SO SINCE THEN. TECHNICALLY NOT HAD ANY ENFORCEMENT ABILITY, BUT THEY'VE THEY'VE BEEN PRETTY REGULAR ABOUT ABIDING BY WHAT THOSE RULES WERE IN THIS NEW DEVELOPMENT AGREEMENT JUST CODIFIES WHAT THOSE THOSE REGULATIONS ARE IN A DEVELOPMENT AGREEMENT THAT WE NOW HAVE THE ABILITY TO ENFORCE, RIGHT. I JUST RECALL THAT WE WERE VERY KEEN ON DEVELOPMENTAL AGREEMENTS , AND THE TIMING IS TIGHT, AND SO THAT'S IN MY MIND. IT WAS FUZZY, SO THINGS SHOW CLARITY. 
          THAT MAY APPROVE. I'M 12. MOTION TO APPROVE ITEM 12 BY MARCUS REA SECOND BY AMY BARTLEY ALL IN FAVOR. MOTION PASSES UNANIMOUSLY . THANK YOU, DAVID. ALL RIGHT. WITH THAT. WE'LL MOVE TO OUR 
          [CITIZEN COMMENTS]
CITIZENS COMMENTS. THE PUBLIC IS INVITED TO ADDRESS THE ACCOUNTS ON ANY TOPIC. HOWEVER THE COUNCIL IS UNABLE TO DISCUSS OR TAKE ACTION ON ANY TOPIC NOT LISTED ON THE AGENDA. PLEASE COMPLETE A PUBLIC COMMENT, REQUEST FORM AND PRESENT IT TO THE TOWN SECRETARY PRIOR TO THE MEETING. PLEASE LIMIT YOUR COMMENTS TO THREE MINUTES IF MULTIPLE INDIVIDUALS WISH TO SPEAK ON A TOPIC. THEY MAY YIELD THEIR THREE MINUTES TO ONE INDIVIDUAL POINTED TO SPEAK ON THEIR BEHALF. ALL INDIVIDUALS YIELDING THEIR TIME MUST BE PRESENT AT THE MEETING AND THE APPOINTED INDIVIDUAL BE LIMITED TO A TOTAL OF 15 MINUTES. IS THERE ANYONE HERE WISHING TO ADDRESS THE COUNCIL? AND I BELIEVE I HAVE SOME PUBLIC COMMENT FORMS FOR SPECIFIC AGENDA ITEMS. IS THAT CORRECT? OK? ARE SEEING NONE. I WILL MOVE TO OUR REGULAR AGENDA PURSUANT TO SECTION 551007 TO 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 
          [14. Conduct a public hearing and consider and act upon a request for a Specific Use Permit  (SUP) to allow a Licensed Child-Care Center use, on 2.0± acres, on Barnes Addition,  Block A, Lot 1, located on the east side of Parvin Street and 190± feet south of Seventh  Street. (ZONE-23-0038) (DH)]
AGENDA ITEM NUMBER, 14 IS TO CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON A REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW A LICENSED CHILDCARE CENTER. AND 22.0. APPROXIMATE ACRES ON BARNES EDITION BLOCK A LOT ONE LOCATED ON THE EAST SIDE OF PARVIN STREET, 100 90 FT. 
          PLUS OR MINUS SOUTH OF SEVENTH STREET, MR HOOVER. THANK YOU. BACK AGAIN. OK, IS THE MAYOR MENTIONED? THIS IS THE, UH, VISUAL DEPICTION OF WHERE THIS SITE IS. IT'S UH, HAS AN EXISTING STRUCTURE ON IT ROUGHLY TWO ACRES JUST TO AIR OVER TWO ACRES. UM, THIS AGAIN. ANOTHER LOOK. THIS IS THE FUTURE LAND USE PLAN. HAS THE, UM COMPLETE AREA THAT THAT SHOWS WHAT WHAT THE RECOMMENDED USES ARE GOING FORWARD. UH, SINCE, UH, COPY OF WHAT? THE SURROUNDING ZONING. IS IT BASICALLY SINGLE FAMILY 15 EVERYWHERE. UH, PROPOSAL. TO DO THE LICENSED CHILD CARE, CONVERTING THE EXISTING RESIDENTIAL HOME HAVE ADDITION 430 SQUARE FEET, BARN GREENHOUSE PLAYGROUND. UM THE EXPECTATIONS AT THIS POINT ARE TO HAVE 60 STUDENTS AND 10 STAFF MEMBERS. 
          UM THERE'S SEVERAL ISSUES THAT WILL NEED TO BE ADDRESSED. IT'S TYPICALLY DONE AT A LICENSING STAGE FROM THE STATE WHEN THEY ISSUED BET ISSUES, LICENSING OR LICENSES. EXCUSE ME. FOR DAYCARES, AND THEY SAID, UM, AMOUNTS AND SO FORTH. THEY HAVE REQUIREMENTS ABOUT, UM, PLACE BASED AND ALL THOSE OTHER THINGS, AND THEN OUR UM, TOWN ORDINANCE ALSO HAS SOME RESTRICTIONS THAT ARE IN THERE FOR DAY CARE ABOUT AGAIN THE PLAY SPACE AND THEN WE HAVE BUILDING CODES AND FIRE CODES THAT HAVE LIMITS ON UM HOW MUCH HOW MANY PEOPLE YOU CAN PUT IN A GIVEN SPACE, AND THOSE ARE USUALLY TAKEN CARE OF AT THE BUILDING STAGE. SO THIS IS AN INTENT. THIS IS NOT REALLY WHAT WOULD BE BEING APPROVED IN A SPECIFIC USE PERMIT BECAUSE THERE IS NO INTENTION OF TRYING TO OVERRIDE STATE OR TO CHANGE WHAT OUR CURRENT REGULATIONS ARE IN THE ORDINANCE. THIS IS UM THE GENERAL LAYOUT OF WHAT THE SITE WOULD LOOK LIKE. YOU CAN SEE. 
          [00:45:08]
THERE WOULD BE A DOUBLE ENTRANCE IF YOU WILL, UM, OFF OF PARVIN STREET THAT PRIMARILY IS TO SATISFY THE REQUIREMENTS OF THE FIRE MARSHAL'S OFFICE GENERALLY LIKE TO HAVE TWO POINTS OF ENTRY IN A LOCATION SWIMS A LITTLE MORE COMPLICATED THAN THAN SOMETIMES AND SO HAVING THE MEDIAN SPLIT IN THE MIDDLE IT IT DOESN'T HAVE THE NORMAL AMOUNT OF DISTANT SEPARATION THAT THEY LIKE, BUT IT IS SOMETHING THAT THEY BELIEVE WOULD WORK IN THIS CIRCUMSTANCE. YOU CAN SEE THE LAYOUT OF WHERE ALL THE BUILDINGS WOULD GO. THE MAIN HOUSE WITH THE PROPOSED ADDITION ON IT, AND THEN WHERE THE BARN IS AND THE GREENHOUSE AND YOU CAN SEE THE SHADED AREA IS THE PLACE BASE THAT'S REQUIRED BY BOTH THE STATE AND US. THESE ARE SOME ELEVATIONS OF WHAT THE STRUCTURE IS AND ANTICIPATED TO LOOK LIKE UM THERE WERE A COUPLE OF REQUESTS THAT THE APPLICANT HAD WHEN IT WENT TO THE PLANNING COMMISSION. UM ONE WAS A 5 FT. REDUCTION IN THE LANDSCAPE EASEMENT REQUIREMENT, UH, ON THE NORTHERN BOUNDARY. LET ME GO BACK, AND I COULDN'T TELL YOU ON THIS SIDE. IF YOU SEE UP AT THE NORTH, UM THE LETTERS THAT ARE PROBABLY MOST ARE EASIEST TO SEE IS OFF SITE CULT. AND THAT CULVERT ACTUALLY SITS WITHIN A 20 FT. A WAY THAT IS NOT PAVED, AND IT'S NOT AN ALLEY, BUT IT EFFECTIVELY IS A 20 FT. BUFFER ON THE OTHER SIDE OF THE PROPERTY LINE, AND THEY'RE PROPOSING A 10 FT LANDSCAPE BUFFER. INSIDE THE PROPERTY LINE , AND SO THEY'RE ASKING FOR A 5 FT REDUCTION ON THEIR SIDE FOR THE LANDSCAPE BECAUSE OF THE 20 FT ON THE OTHER SIDE, WHICH WON'T HAVE ANYTHING BUILT ON IT BECAUSE OF THE COMFORT AND THE FACT THAT IT'S RIGHT OF PLAY. IT'S SOMETHING THAT THAT, UM BOTH THE STAFF AND THE UM, PLANNING COMMISSION. AGREED WAS A AAA REASONABLE UH, I GOOD IDEA, AND PNZ VOTED TO RECOMMEND THAT THE SECOND THING THAT THE APPLICANTS ASKED FOR WAS INSTEAD OF A MASONRY WALL, WHICH IS REQUIRED 6 FT MASONRY WHILE ALL AROUND THE SITE THAT'S REQUIRED BY THE ORDINANCE THEY WERE REQUESTING, UM, A WROUGHT IRON FENCE WITH SOME TYPE OF GREENERY THAT WOULD GROW UP THROUGH IT, SUCH AS IV OR SOMETHING ELSE ALONG THAT LINE. THAT WOULD BE EFFECTIVE. UH THE PLANNING THE STAFF IS IN IN FAVOR OF THAT, AND THE PLANNING COMMISSION WAS NOT IN FAVOR OF THAT. SO UH, THE, UM, RECOMMENDATION THERE IS THAT IT BE THE 6 FT MASONRY WALL. UM THIS IS THE GENERAL PICTURE AND IDEA OF WHAT IT IS THAT THAT THEY WERE PROPOSING, AND THE BIGGEST CONCERN, FRANKLY , WAS. HOW LONG WOULD IT BE BEFORE THE TOP PICTURE ACTUALLY LOOKS LIKE THE BOTTOM PICTURE. 
          YEAH, IT'S GONNA TAKE A WHILE FOR THAT TO HAPPEN AND UM WILL THE WEATHER AFFECT IT? WILL IT FREEZE? YEAH OTHERS THOSE TYPES OF UNCERTAINTIES, WHICH IS WHAT LEFT IT OUT IN IN BOTH STAFF AND PLANNING COMMISSION. SINCE THE SPECIFIC USE PERMIT CRITERIA. YOU SEE THIS? UM EACH TIME THAT THAT AN SUP COMES UP ABOUT THE FOUR BASIC, UH PRINCIPLES THAT WE LOOK AT. AND IN THIS CASE, UM WE BELIEVE THAT IT'S CONSISTENT WITH WHAT THE CRITERIA IS. UH, RECOMMENDATION. UH, PLANNING AND ZONING COMMISSION. UM RECOMMENDED APPROVAL. 60 WITH THOSE TWO CONDITIONS, ONE THAT THE 5 FT REDUCTION. IN THE LANDSCAPE EASEMENT ONLY ON THE NORTH SIDE. JUST THAT ONE STRETCH, UM BE REDUCED TO 10 FT. EVERYWHERE ELSE. IT WOULD STAY 15 AND THAT THE 6 FT MASONRY WALL WOULD BE REQUIRED. FOR THE ZONING ORDINANCE. THERE WERE THE NOTICES THAT WENT OUT WERE MAILED OUT. YOU KNOW THE ONES THAT GO TO THE PROPERTY OWNERS AND THE SURROUNDING AREAS. 
          FRIDAY MARCH 8TH, UM THERE WAS ONE EMAIL IN OPPOSITION AND ONE LETTER IN OPPOSITION. DON'T THINK UM, THE EMAIL THAT WAS IN OPPOSITION. WE F. THE OPPOSITION . UM IT WAS WAS MORE UM, I WOULD 
          [00:50:05]
SAY, PROBABLY QUESTIONING OR CONCERNS ABOUT, UH WHAT THE PO, THE 60 CHILDREN, FOR INSTANCE. 
          AND IS THAT ENOUGH SPACE FOR THEM AND, UM YOU KNOW WAS THAT SOMETHING THAT'S LOOKED AT AND THEN ALSO, UM, SUPPORTING THE WALL AND THE AS OPPOSED TO SOMETHING ELSE, AND THEN THE LETTER THAT WAS IN OPPOSITION ACTUALLY, FROM SOMEONE WHO LIVES IN THE NEIGHBORHOOD THAT SAID THEY'D BEEN THERE. I BELIEVE 31 YEARS. MAYBE I THINK I'LL HAVE A COPY OF THAT. AND THAT THEY DIDN'T THINK THAT A CHILD CARE WOULD BE A GOOD NEIGHBOR. HM? UM AND AGAIN. RECOMMENDATIONS STAFF RECOMMENDS APPROVAL AND PC RECOMMENDED APPROVAL SUBJECT TO THOSE THOSE TWO CONDITIONS. NOW THE APPLICANTS HERE ACTUALLY A BIT OF A PRESENTATION HERE THAT THEY THEY GAVE TO THE PLANNING AND ZONING COMMISSION THAT WILL GIVE YOU A LOT MORE DETAIL OF WHAT THEY'RE PLANNING ON DOING MUCH MORE SO THAN I THINK I WOULD BE ABLE TO DO JUSTICE. AND SO IF IT'S OK WITH Y'ALL COULD LET THEM DO THIS. AND THEN AFTERWARDS, I'LL BE HAPPY TO A AS NORMAL. HAPPY TO ANSWER ANY OF THE TECHNICAL QUESTIONS THAT YOU'VE GOT ABOUT TOWN, BUT YOU'LL BE ABLE TO ASK THE APPLICANT QUESTIONS THAT YOU MAY HAVE. ABOUT WHAT THEY'RE PLANNING AND PROPOSING BECAUSE IT IS SOMETHING THAT'S THAT'S OBVIOUSLY UNIQUE, YOU KNOW. SEE THESE SO THAT'S OK BEFORE THE APPLICANT COMES UP. I JUST WANT TO MAKE SURE WE UNDERSTAND AND THE PEOPLE LISTENING, UNDERSTAND THAT ESPECIALLY THE ONES THAT HAD OPPOSITION I KNOW WE'RE GONNA HEAR A PRESENTATION FROM THIS PARTICULAR OPERATOR, AND THAT'S GREAT. BUT ONCE WE PASS THE SEP FOR CHILDCARE CENTER, IT CAN ALWAYS BE A CHILDCARE CENTER SO IT CAN BE SOLD. IT CAN BE SOMEBODY ELSE. IT CAN BE A DIFFERENT OPERATORS THAT THAT'S CORRECT, RIGHT IF WE DON'T PUT ANY CONDITIONS ON IT, ACTUALLY, WE CAN PUT CONDITIONS AND WE WOULD RECOMMEND THAT THAT THAT HAPPENS THAT THE SP IS LIMITED TO THESE FOLKS AND FOR SOME REASON THEY SELL IT. MOVE CLOSE. STOP WHATEVER GOES AWAY. GREAT. 
          THANK YOU. OK? LET'S DO YOUR PRESENTATION. LIKE. THANK YOU. 
          GOOD EVENING. MY NAME IS BILL LAKE. PRINCIPLE OF CDC CONSTRUCTION. AND UH, SUPER EXCITED TO WORK ON THIS PROJECT. AS YOU GO THROUGH, YOU CAN SEE WE'RE TAKING THIS OLD HOUSE ON PAR STREET. AND WHICH JUST LOOKS ABANDONED RIGHT NOW. I THINK LAST TIME I WAS THERE. THEY HAD A COUPLE OF HOURS. LIVING INSIDE, AND, UH SO WE'RE EXCITED TO BE ABLE TO CONVERT IT. TOO, A PRESCHOOL OR A DAYCARE. AND TEACH YOUNG CHILDREN. WHO LOVE TO LEARN I WHEN I WAS A PARENT WHEN OUR CHILDREN YOUNG WE HAD MONTESSORI SCHOOL. AND THREE OF OUR FOUR CHILDREN WERE ABLE TO GO AND THOSE THREE YOUNGER CHILDREN GOT TO DO THINGS THAT THEY'RE GONNA DO HERE. AND IT JUST MADE THEIR WHOLE LEARNING EXPERIENCE SO MUCH BETTER. UM BEFORE I GO FORWARD. THE OWNERS ARE JP AND MICHELLE FINLEY. THEY'RE HERE AT THE AUDIENCE. AND IT'S A DREAM OF THEIRS, AND THEY'RE MAKING A HUGE INVESTMENT TO MAKE THIS HAPPEN. MICHELLE'S A PRESCHOOL TEACHER RIGHT NOW FOR THE CITY OF MCKINNEY, SO SHE'LL BE RUNNING. THIS OPERATION. AND WHAT IT INCLUDES. 
          BESIDES THE HOUSE, THE SCHOOLHOUSE ITSELF, WHICH HAS FOUR CLASSROOMS. IT. I HAVE A BARN WITH FOUR OR FIVE SMALL ANIMALS, A LAMB. COUPLE OF GOATS AND A LITTLE BIT OF, UH COW ABOUT 31 INCHES TALL. SO THE KIDS CAN PET HIM. IT ALSO HAS A GREENHOUSE. SO THEY CAN STUDY HOW PLANTS GROW AND YOU KNOW, PLANT THINGS AND GET INTO BOTANY A LITTLE BIT. SO I LOVE TO JUST OPEN IT TO QUESTIONS THAT YOU HAVE GENERALLY AS FAR AS THE CONCEPT AND HOW IT'S GONNA OPERATE. OH, LAST QUESTION, SIR. ANYBODY. OF COURSE. AT THIS POINT, ARE WE GOING TO OPEN THE 
          [00:55:01]
PUBLIC HEARING? OK I THINK. WELL THANK YOU VERY MUCH. WE'LL GO TO OUR PUBLIC HEARING. WELL, THE ONLY THING I WANNA DO IS IN REGARDS TO THE FENCE. UH WE WERE NOT PREPARED BECAUSE I DIDN'T ANTICIPATE THE QUESTIONS FROM THE P AND Z ON THE GREENERY BETWEEN THE COLUMNS. AS YOU CAN TELL BY THE HOUSE. IT LOOKS LIKE A P HOUSE AND WE WANT SOMETHING THAT'S SOFTER ON OUR FENCE. 
          MASONRY WALLS ARE I MEAN, I'VE GOT A LOT OF TOPOGRAPHY OUT THERE. I'VE GOT NEARLY 100 TREES. WE'RE GOING TO TRY TO KEEP EVERY TREE WE CAN WE'RE ONLY GOING TO TAKE DOWN THE TREES THAT ARE IN OUR DRIVEWAYS OR YOU KNOW, IN A WAY OF BUILDING THE PARKING LOT AND THOSE THINGS WE'D MUCH RATHER HAVE A FENCE. THAT IS SOFT AND LOOKS LIKE THE PROPERTY. AND THE MASONRY FENCE THAT I DON'T CARE HOW EVENTUALLY THEY'RE GONNA CRACK. YOU KNOW, THEY'RE GONNA THEY? THEY DON'T ALWAYS HOLD UP THEIR THEY'RE AN ISSUE AND WE'D RATHER HAVE THE CONCRETE COLUMNS AND BUILD A 6 FT FENCE AND WHAT WE'RE PROPOSING. NOW IS A BUFORD HOLLY. THAT WE'D PLANT ALONG THE PLANET'S LINE IN BETWEEN THE COLUMNS. THAT WOULD GROW THEY'RE THICK. THEY'RE HEARTY. THEY GROW FAST. AND THEY DON'T FREEZE. AND THOSE WERE THE QUESTIONS THAT P AND Z HAD. AND I WAS NOT READY TO THE LANDSCAPE. I WAS SO WORRIED ABOUT EVERYTHING ELSE. I DIDN'T REALLY GET INTO THE LANDSCAPING OF THE OF THE FENCE, BUT WE SENSE SPOKE TO OUR LANDSCAPER. AND HE'S HIGHLY RECOMMENDED. THIS IS THE WAY TO GO. AND ON THE LAST PAGE OF YOUR BROCHURE YOU CAN SEE THE DETAILS. OF THE FENCE. IF THERE'S ANY QUESTIONS ON THAT, I'D LOVE TO ANSWER THOSE ALL RIGHT. THANK YOU VERY MUCH. ALL RIGHT. ALL RIGHT. THIS ITEM IS A PUBLIC HEARING. I'LL OPEN THE PUBLIC HEARING FOR ANYONE THAT WOULD LIKE TO SPEAK ON THIS PARTICULAR ITEM. I DO NOTE THAT, UH UH, WE DID HAVE THE EMAIL AND OPPOSITION AND THAT, UH WE HAD BILLS. UH PUBLIC COMMENT TO SPEAK IN FAVOR OF THAT. IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK ON THIS PARTICULAR ITEM? OK? SEEING NONE. I WILL CLOSE THE PUBLIC HEARING AT THIS TIME AND COUNCIL DISCUSSION. YEAH, I. 
          I JUST I HAVE A QUESTION FOR DAVID ACTUALLY. SO UM, ON THE NORTH SOUTH EAST WEST. UM LAND USES TO THE IN THAT DIRECTION. TO THE EAST. IT SAYS THAT IT'S REYNOLDS MIDDLE SCHOOL. IS THIS NOT THE ADMINISTRATION BUILDING IT IS SO THERE'S I MEAN, THAT'S THERE'S NO KIDS THERE THAT I KNOW OF, RIGHT? AND I THINK THAT QUESTION CAME UP FROM ONE OF YOU ALL COUNCIL MEMBER BARTLEY. 
          MAYBE WE CORRECTED THAT IT IT IS IN IN THE ANSWER AS WE CORRECTED IT, BUT IT IS ADMINISTRATION AND YOU JUST WANNA MAKE SURE THAT WAS NOTED, OK, THANK YOU. YES, SIR. UM, FOR ME, I I'VE GOT A FEW QUESTIONS OBVIOUSLY POINT PREMIERLY TO OUR ORDINANCES AND THE PLANNING ZONING RECOMMENDATION SO UM OR JUST DO THE FENCE ONE FIRST, SO I'M FAMILIAR WITH THIS PROPERTY WHERE IT'S AT HOW IT SITS IT. IT HAS GREAT POTENTIAL. UM I HAVE A LITTLE BIT OF A CONCERN WITH THE AMOUNT OF CONCRETE, UH, BASED ON HOW THAT AREA DRAINS TODAY, AND, UM, YOU KNOW, JUST THE CONCERN, SO I JUST WANNA MAKE SURE FROM A STAFF PERSPECTIVE THAT WE'VE LOOKED AT THAT. YOU KNOW, ONCE YOU CONVERT, YOU KNOW THE SOIL THAT ABSORBS THE WATER TO A CONCRETE THAT REPELS IT. DO YOU HAVE CONCERNS WITH THE TOPOGRAPHY? THE WAY THIS SLIDES CAUSE IT IT IT, P. I MEAN IT ANGLES DOWN TOWARDS THE WEST. FROM THE BACK OF THE PROPERTY, RIGHT? I. I CAN CAN TELL YOU THAT. THE ENGINEERING DEPARTMENT UM AND SPECIFICALLY DAN HEISMAN. ASSISTANT DIRECTOR AND DAN SITS IN ALL OF OUR DEVELOPMENT MEETINGS. I THINK HE'S PROBABLY HALF PLANNING AND MATH ENGINEERING, BUT UM HE'S AWARE OF THIS. AND, UM HAS MADE IT CLEAR THAT THEY WOULD HAVE TO ACCOUNT FOR WHATEVER DRAINAGE NEEDED TO BE DONE TO GET APPROVAL TO DO THIS WITH THIS MUCH CONCRETE. UM WE HAVEN'T OBVIOUSLY SEEN A PLAN YET, BECAUSE THAT'S SOMETHING THAT COMES A LITTLE LATER IN THE PROCESS, BUT IT IT HAS BEEN DISCUSSED. AND IT HAS, UM UH, LET PEOPLE KNOW IT'S A CONCERN THAT'S GOING TO HAVE TO BE DEALT WITH. YES, SIR. BUT BUT WE DON'T OBVIOUSLY HAVE A DRAINING PLANT DRAINAGE PLAN RIGHT NOW BECAUSE THAT THAT WON'T COME TILL THEY 
          [01:00:02]
ACTUALLY START THE CONSTRUCTION PART, RIGHT? BUT I, I KIND OF VIEW THEM TOGETHER SIMPLY BECAUSE WE'VE HAD OTHER AND FOR YOUR AWARENESS TO OTHER DEVELOPMENTS IN THAT ALONG THAT SAME AREA THAT HAVE BEEN DEVELOPED IN THE BACKYARD. IT'S BEEN THIS, IN ESSENCE PAVED FOR PARKING THAT HAS CREATED FLOODING IN MULTIPLE HOUSES. UM AND SO IT IS A CONCERN. UM I SEE , UH, YOU KNOW D EASEMENT, BUT I DON'T SEE A DETENTION OR YOUR RETENTION. UM SO THAT THAT'S AN INITIAL CONCERN. UM I LOOKED UP ON ONLINE AND SO THE KID COUNT TO SQUARE FOOTAGE IS STILL WITHIN WITHIN REASON, SO I THINK IT'S 30 FT. FOR EVERY ONE CHILD, SO THERE'S 30, FT OF 30 SQUARE FEET. YES IT'S 30 SQUARE FEET OF I FORGET THE WAY THE STATE SAYS IT. IT'S LIKE ACTIVE SPACE. YEAH YEAH, THAT'S A STATE THING. SO I. I DON'T SAY THAT THE OTHER. THE OTHER PRIMARY CONCERN I HAVE IS, UM WE TALK ABOUT GOATS AND COWS. I WAS GONNA SAY SOMETHING. YOU WANNA GO AHEAD AND TALK ABOUT THAT. YEAH. WHAT? WHAT, AND I THINK WE HAVE IT. AND OUR OUR OUR NOTES AND MAYBE IN IN ONE OF THE ANSWERS TO THE QUESTIONS, UM, BECAUSE THEY DID MENTION THAT THE COWS AND THE GOATS BEFORE BUT OUR ORDINANCE UM, REGARDING ANIMALS SLASH PETS , ET CETERA, ET CETERA, IS VERY SPECIFIC ABOUT WHAT YOU CAN HAVE AND ELIMINATES. JUST ABOUT EVERY OTHER THING IMAGINABLE, YOU KNOW, AND ALL THAT YOU CAN HAVE. IS QUOTE FOUL UNQUOTE, WHICH NORMALLY INCLUDES CHICKENS, PARAKEETS, PEACOCKS, ALL THOSE OTHER THINGS, BUT THEN IT GOES ON TO SAY. HOW, WITH THE EXCEPTION OF EVERYTHING EXCEPT CHICKENS, SO THE ONLY VALUE YOU CAN HAVE IS CHICKEN AND YOU CAN ONLY HAVE 12 AND YOU CAN'T HAVE ROOSTERS. AND THEN THE ANIMALS THAT YOU CAN HAVE ARE GUINEA PIGS AND RABBITS, AND YOU CAN ONLY HAVE A TOTAL OF 12 OF THOSE MIX AND MATCH BUT USED TO ONLY GET 12 AND THAT'S THE LIMIT AND SO WITHOUT SOME TYPE OF AMENDMENT TO THE ORDINANCE, OR OR SOME SPECIFIC CHANGE, VARIANCE. WHAT HAVE YOU THEY'RE NOT GONNA BE ABLE TO DO ANYTHING OTHER THAN THOSE THOSE TWO COMPONENTS. OKAY? YEAH, I, UM BUT YOU CAN'T YOU HAVE TO INCLUDE SUP. BUT I THE LAST THING IS THE FENCE, RIGHT? AND I THINK THAT YOU GUYS HAVE PUT A LOT OF WORK INTO CREATING A SOLUTION ON IN THROUGHOUT A LOT OF PROSPER. WE HAVE OPEN FENCING WITH LANDSCAPE AND IT'S ENCOURAGED FOR THE PERIMETER FENCING. UM I'M MINDFUL OF THE WAY THAT THIS ONE SITS WITH THE BACK OF THEE BUILDING, UH, BACKING UP TO THE ADMIN BUILDING THAT HAS A LOT OF MEETINGS RIGHT? AND A LOT OF CARS. UM IT BECOMES MAYBE A SAFETY THING, BECAUSE IT DOES A BUT TO IT QUICKLY. AND THEN, UM, SO MY PREFERENCE WOULD BE ALIGN TO OUR ORDINANCES AND STAFF RECOMMENDATION ON THE FENCE. THAT WE STICK WITH OUR ORDINANCES, BECAUSE, UM THERE. WE'RE TRYING TO MINIMIZE THE NUMBER OF VARIANCES. UM WHEN IT MAKES SENSE, I UNDERSTAND THE TOPOGRAPHY. UM BUT AT THE SAME TIME IT IF YOU'RE GONNA HAVE KIDS IN THERE, TOO IT'S GONNA BE VERY IMPORTANT THAT THEY'RE PROTECTED. SO THAT'S MY COMMENTS. ANYMORE. YEAH I'LL JUST GO AHEAD AND MAKE MY COMMENTS. UM I THINK THIS IS A IS A IS A REALLY NICE, UM, DAYCARE. IT'S REALLY YOU KNOW IT IT IT IT'S UNIQUE, AND IT'S GOT FEATURES THAT, UM, YOU KNOW, YOU KIND OF WISH THEY ALL HAD. UM MY PROBLEM WITH IT IS WHERE IT'S LOCATED. UM, IT'S JUST KIND OF RIGHT IN THE MIDDLE. OF THE NEIGHBORHOOD AND I KNOW THAT IF I LIVE THERE, IN FACT, I KIND OF I LIVE CLOSE TO ONE. NOT AS CLOSE AS SOME OF THESE HOUSES, BUT I CAN HEAR THE KIDS, YOU KNOW, AND I AND ESPECIALLY THE COMMENTS THAT THEY'VE LIVED THERE FOR 31 YEARS. MY GUESS IS THEY'RE RETIRED. UM AND SO THEY DON'T GO TO WORK. THEY THEY'RE HOME ALL DAY, AND I DON'T. I DON'T THINK THAT'S FAIR TO ALL OF A SUDDEN INSERT THAT, UM, YOU KNOW, AND CALL IT NOISE KIDS LAUGHING. WHATEVER PLAYING, BUT, UM I DON'T THINK THAT'S WHAT THEY BARGAINED FOR WHEN THEY WHEN THEY BOUGHT THE HOUSE, SO, UM I WOULD BE IN FAVOR OF IT ANYWHERE ELSE. I THINK WITHIN REASON, BUT WHERE IT IS LOCATED RIGHT THERE, II. I AM NOT. I'M NOT FOR IT. THOMAS CHARLES. UH, YEAH. DAVID WHAT ARE THE, UH ARE IS THE FUTURE LAND? USE OF THIS AREA AND THE SURROUNDING AREA. PRESIDENTIAL ALL RESIDENTIAL THANK YOU. HAVE ANY OF THE OTHER , UM, PROPERTIES AROUND THERE. TO ME. THIS ISN'T AN AREA THAT'S BEEN CONVERTED. I KNOW A LOT OF 
          [01:05:05]
OUR LIKE ON BROADWAY AND SOME OTHER ERIC COLEMAN. SOME OF THESE HOUSES HAVE BEEN CONVERTED TO OFFICES OR YOU KNOW THAT KIND OF THING, BUT I DON'T. I'M NOT AWARE OF ANY OF THESE THAT HAVE BEEN CONVERTED. I DON'T BELIEVE THERE ARE ANY ANY IMMEDIATE AREA AROUND HERE. BUT YOU'RE RIGHT. 
          THE LARGER AREA IS RESIDENTIAL OK? AND OUR EXPECTATION, NOT SWAY ONE WAY OR THE OTHER. BUT WHAT OUR EXPECTATION IS IN THAT LARGER AREA. SOME OF THE BLOCKS IF YOU WILL WILL PROBABLY STAY RESIDENTIAL BECAUSE THEY PROBABLY HAVE PEOPLE THAT WENT THERE BECAUSE THEY LIKE THE MAKEUP OF THE NEIGHBORHOOD. AND SO WE DON'T EXPECT EVERY HOUSE THERE TO CHANGE TO AND, YOU KNOW , INSURANCE AGENT OR A CPA OR SOMETHING LIKE THAT, SO IT IT'S NOT GONNA BE UNUSUAL TO HAVE POCKETS. WHICH IS WHY THE FUTURE LAND USE PLAN HAS IT LISTED KIND OF AS BOTH. 
          I DON'T HAVE ANY MORE QUESTIONS, I. I DO I'LL I'LL GO AHEAD AND TELL YOU MY COMMENTS. I'M I. I STRUGGLE WITH THE BARN. I THINK THAT'S GONNA BE A CODE OF ENFORCEMENT ISSUE. I DON'T IF THE ANIMALS ARE LIMITED TO GUINEA, PIGS AND RABBITS. YOU CAN HAVE THAT INSIDE THE BUILDING IN CAGES. I DON'T THINK YOU NEED A 600 SQUARE FOOT BARN FOR THAT. SO I DO HAVE A LITTLE CONCERN ABOUT THAT. I DO HAVE A CONCERN. ABOUT THE FACT THAT IT IS KIND OF SMACK DAB IN THIS LITTLE QUIET AREA OF DOWNTOWN. I KNOW IT'S OLD TOWN, BUT I DON'T SEE THIS AND WHEN WE BUILT THIS LITTLE PARK OR, YOU KNOW, VOTED TO APPROVE. IMPROVE THAT LITTLE PARK. WE DID THAT FOR RESIDENTS TO BE ABLE TO, YOU KNOW, WALK DOWN THERE AND HAVE A PEACEFUL PLACE TO GO WALK THEIR DOG AND HANG OUT AT THE PARK. SO UM, I, I HESITATE TO HESITATE FOR THAT, BECAUSE I THINK WE DON'T HAVE A MECHANISM IN OUR ORDINANCES TO UNLESS WE DO. SOME KIND OF AN AGREEMENT. WE DON'T HAVE A MECHANISM TO LIMIT THE HOURS OF OPERATION. THEY CAN DECIDE TO STAY OPEN FROM 6 A.M. TO 7 P.M. 
          BECAUSE THAT WORKS FOR WORKING PARENTS, AND I JUST FEEL LIKE IT'S TOO BIG OF AN INTERRUPTION FOR I MEAN, IT'S A LOT OF RESIDENCES AROUND THAT. THAT'S THAT. SO THOSE ARE MY STRUGGLES WITH WITH THE PROJECT. THE PROJECT ITSELF IS NICE. IT'S PRETTY. UH, I DON'T HAVE AN ISSUE WITH THE SETBACKS, I THINK MAKE SOME WAS A GOOD, UM, CALL BY THE PND. I JUST THE LOCATION IS DIFFICULT FOR ME. THAT ONE MORE THING. I THINK I FORGOT TO MENTION AND I THINK IT'S STILL TRUE. THAT IS IT JUST FOR FOUR YEAR OLDS. YES UM, THAT WAS SOMETHING THEY MENTIONED AT PNZ THAT THAT WE HADN'T HEARD PRIOR TO THAT. NOT THAT IT'S GOOD, BAD OR INDIFFERENT. IT'S JUST SOMETHING ELSE THAT Y'ALL MIGHT WANNA KEEP IN MIND THAT IT'LL JUST BE FOUR YEAR OLDS AND THE INTENTION OR ANTICIPATION IS THAT THEY WOULD ATTRACT FOUR YEAR OLDS FROM THE SURROUNDING CITIES. BECAUSE I GUESS THERE'S ONLY SO MANY FOUR YEAR OLDS AND PROSPER THAT WOULD GO TO THE STAY HERE. SO AGAIN, THAT'S JUST SOMETHING TO KEEP IN MIND. AND I'D LIKE TO ADDRESS SOMETHING THAT WAS SAID EARLIER ABOUT WHETHER OR NOT WE COULD CONDITION. UH, PLACE A CONDITION ON THIS SUP FOR THIS SPECIFIC OPERATOR. AND SO IT IS MY OPINION I, WITH ALL DUE RESPECT, MR HOOVER IS ON MY OPINION THAT THAT WOULD NOT BE SOMETHING WE COULD ADD AS A CONDITION TO MAKE IT SPECIFIC TO THIS OPERATOR OR THIS OWNER SPECIFIC USE PERMIT. GENERALLY SPEAKING AS A LAND USE DESIGNATION, UH, CONTRARY TO IT TO ITS NAME IS NOT LIKE A BUILDING PERMIT THAT IS ISSUED TO AN INDIVIDUAL OR A BUSINESS. IT IS THAT SOMETHING THAT WOULD RUN THE LAND. AND SO IT IS, UH, WHAT WE CAN PLACE LOTS OF OTHER CONDITIONS ON IT. MAYBE YOU KNOW TIME THAT THEY OPERATE THINGS LIKE THAT. BUT TO HAVE IT GO WITH A SPECIFIC PERSON PROBABLY IS NOT GONNA BE SOMETHING THAT WE CAN DO. MUCH LESS ENFORCED. IF WE WERE TO EVEN ADD ON TO IT. HOW WOULD WE KNOW THAT MANAGEMENT HAS CHANGED? OUR OWNERSHIP OF THE BUSINESS HAS CHANGED. AND SO THAT'S JUST, UH I WANNA MAKE SURE THAT THAT WAS ADDRESSED IN CASE THAT WAS STILL LIKE YOUR CONSIDERATION, WHICH GOES TO MY CONCERN ABOUT IT. YOU KNOW, ONCE YOU CHANGE A LAND USE AND YOU GIVE A SPECIAL USE PERMIT, THEY COULD SELL THIS. I KNOW THAT'S NOT THEIR INTENTION RIGHT NOW THAT THEY COULD SELL THIS AND AS WE KNOW, YOU KNOW, MARKETS CHANGE. AND SO ALL OF A SUDDEN NOW YOU HAVE A CHILD CARE CENTER. AS I SAID. WHERE YOU KNOW SOMEBODY NEEDS TO OPERATE 6 A.M. TO 7 P.M. AND THE NEIGHBORS . YOU KNOW, THAT'S JUST THAT I JUST DON'T THINK IT'S CONSIDERED. IT'S JUST THE LOCATION OF IT. MARCUS. YOU KNOW, 11 COMMENT. I MEANT TO ADD, UH, I DID. I KNOW SEVERAL OF THE NEIGHBORS IN THE AREA AND INQUIRED WITH THEM, AND THEY DID HAVE CONCERNS ABOUT THE 70 CARS OR SO A DAY YOU'D HAVE THE STAFF THERE AND THE IN AND OUT. YOU KNOW, IT'S NOT. IT'S 70. CARS TIMES, TWO, RIGHT, DROP OFF AND PICK UP AND SO WITH THAT A FEW OF THE NEIGHBORS DID HAVE 
          [01:10:04]
CONCERNS AND WHILE IT DIDN'T SUBMIT THEM IN WRITING, THEY VERBALLY COMMUNICATED THAT TO ME, SO I WANT TO MAKE SURE I PUT THAT ON RECORD. THANK YOU. OK, SO IN GENERALLY I, I AGREE WITH THOSE WHO SAID THIS IS A IT'S A UNIQUE CONCEPT. I. I LOVE THE WHOLE IDEA. I DON'T LIKE THE PLACEMENT OF IT, AND THAT'S THAT'S SIMPLE FACT. SO UH, WITH THAT, DO WE HAVE ANY ANY OTHER COMMENTS OR EMOTIONS? I MOVE APPROVAL. SUBJECT TO THE TWO ITEMS THAT THE STAFF ARE COMMITTED. OK, WE HAVE A MOTION FROM CHARLES. WE HAVE A SECOND. MOTION FAILS FOR LACK OF A SECOND. YEP. IS THERE ANOTHER MOTION? I DON'T THINK THAT'S APPROPRIATE AT THIS POINT. YEAH. 
          MR HOVER. DO YOU WANNA NO. AT THIS POINT. I DON'T THINK WE CAN WE HAVEN'T I HAVE A MOTION ON THE TABLE SO WE CAN STILL DISCUSS IT. ALL RIGHT. LOOK TO THE ATTORNEY. WE DON'T HAVE A MOTION ON THE TABLE SO WE COULD CONTINUE THE DISCUSSION. CORRECT NO, THERE WAS NO MOTION BECAUSE YOU WERE SECOND. AND SO THERE'S NO MOTION ON THE FOR DISCUSSION DISCUSSION. HAVE YOU OPENED AND CLOSED. THE PUBLIC HEARING HAS BEEN OPEN AND CLOSED. SO THAT THAT'S THE END OF IT. YEAH, OK. 
          SORRY. SORRY. ARE THERE ANY OTHER MOTIONS? YEAH I'LL MAKE A MOTION. I MOVE TO DENY THE REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW A LICENSED CHILD CARE CENTER USE ON TWO POINT ZERO PLUS OR MINUS ACRES ON BARNES EDITION BLOCK A LOT ONE LOCATED ON THE EAST SIDE OF PARK STREET, AND 100 AND 90 PLUS OR MINUS FEET SOUTH OF SEVENTH STREET, SUBJECT TO THE RECOMMENDATIONS FROM THE PLANNING AND ZONING COMMISSION. WE HAVE A MOTION FROM JEFF HODGES, CAN I HAVE A SECOND? SECOND FROM AMY BARTLEY ALL IN FAVOR. OPPOSED MOTION PASSES 5 TO 1. YOU. THE NEXT ITEM IS AGENDA ITEM NUMBER 15 TO CONDUCT A PUBLIC HEARING AND CONSIDER 
          [15. Conduct a public hearing and consider and act upon a request to rezone 0.3± acres on  Prosper Central Addition, Block 1, Lot 1 from Single Family-15 to Planned  Development–Downtown Office to allow multifamily, office, and retail uses, located on  the northeast corner of Coleman Street and Sixth Street. (ZONE-23-0029) (DH)]
AND ACT UPON A REQUEST TO REZONE APPROXIMATELY 0.3 ACRES ON PROSPEROUS CENTRAL EDITION BLOCK ONE LOT ONE FROM SINGLE FAMILY 15 TO PLAN DEVELOPMENT DOWNTOWN. OFFICE TO ALLOW MULTIFAMILY OFFICE AND RETAIL USES LOCATED ON THE NORTHWEST CORNER OF COLEMAN AND SIXTH STREET, MR HOOVER. THANK YOU, MAYOR. NOT MANY REMEMBER THIS ONE. YOU SAW IT? NOT TOO LONG AGO. THIS IS THE PROPOSED LOCATION. THEY'RE ON COLEMAN AND SIXTH YOU KNOW, AND, UH, ZONING MAP SHOWS WHAT EVERYTHING IS ADJACENT TO IT AND SURROUNDING IT. FUTURE LAND USE PLAN. IT'S PRETTY SIMILAR TO THE OTHER ONE BECAUSE IT IS AND THEN THIS IS THE THAT LITTLE A LITTLE GREEN. UM THE GREEN DOT COLEMAN, NOT THE GREEN. BUT ON ON COLEMAN . CAN YOU TELL WHERE SIXTH STREET IS? THERE'S NO DOT THERE'S NO DOT NO. YEAH. YEAH I KNOW. IT'S NOT ON THERE. YOU'RE RIGHT. VERSUS OLD TOWN DISTRICT VERSUS MEDIUM DENSITY. WHERE IS THE CUT OFF? AND SEE IF I'VE GOT A BETTER MAP HERE. IF ANY OF THOSE GIVES ME A HINT TO WHERE IT IS EXACTLY. IT'S WELL, IT'S COMPRISED IT'S WITHIN THE COUNCILOR THE BLUE, SO IT'S YEAH , IT'S INSIDE. THERE IT IS, UH MORE. YES YES, CORRECT. YEAH. OK PLAN WHEN YOU DO THIS, BECAUSE THAT WAS THE REASON I HAD. IT'S SUPPOSED TO HAVE THE DOT ON HERE. SO YEAH, MY DAD. YEAH, YEAH. THIS IS THE SURROUNDING ZONING. AND THE PROPOSAL AGAIN, JUST AS A REMINDER WAS BASICALLY TO HAVE OFFICE AND RETAIL ON THE FIRST FLOOR, YOU KNOW, AND THEY HAVE FOUR INDIVIDUAL APARTMENTS UP ON THE SECOND FLOOR PARKING IN THE REAR. UM HERE'S WHAT THE SITE PLAN WOULD LOOK LIKE. UM AND THE UPSTAIRS WOULD ENVELOP THETPRINT. UH, THERE BE GARAGES. UH, FOUR GARAGES FOR, UH, TWO CARS PER GARAGE FOR EACH OF THE UNITS UPSTAIRS, AND 
          [01:15:02]
THEN THE DOWNSTAIRS OFFICE AND RETAIL COMPONENT WOULD BE NOT QUITE HALF BECAUSE OF THE GARAGES BEING ON THE BACK HALF AND THE BUSINESS RETAIL OFFICE BEING IN THE FRONT. AND THERE WAS, UM USES. WE, UH TOOK OUT ONE OF THE USES THE, UM BEAUTY SHOPS AND SALONS. UM AND THEN LEFT THE REST THE SAME THE. THINK ANYTHING CHANGED HERE? THERE ACTUALLY WAS 20 SPACES. 
          REMEMBER WE WERE GOING BACK AND FORTH ABOUT 19 OR 2019 OR 20 THE BOTTOM SPACE. YOU'RE LOOKING AT IT THE ONE FARTHEST SOUTH. IT WAS A LINE THAT THAT HAD DRAWN WAS DRAWN THROUGH IT. THAT WAS PART OF THE SITE PLAN. UM AND IT MADE IT LOOK LIKE IT WASN'T REALLY A PARKING SPACE. BUT THERE REALLY ARE GONNA BE A REALLY IS PROPOSED TO BE 20 PARKING SPACES. LANDSCAPING DIDN'T CHANGE. I GET TO THE POINT HERE. HERE'S WHAT THE NEW ELEVATIONS LOOK LIKE THE FRONT AND BACK WAS CHANGED. THE FRONT IS THE WEST SIDE FACING COLEMAN. YOU SEE, THEY'VE ADDED, UH, MORE STOREFRONT LOOKS TO THE FORE AT THE BOTTOM DOOR IN THE MIDDLE AND THE UM, WINDOWS ON THE SIDES. UH THEN THE BACK IF YOU WILL WOULD BE THE, UM, EAST ELEVATION, BUT THAT WOULD BE ADJACENT TO THE PARKING LOT AND THE RESIDENTS. THE DUPLEX THAT'S NEXT DOOR. BUT ALL THE THINGS BUT WE HAD THEM WRITTEN DOWN. I APOLOGIZE. THINGS THAT COUNCIL ASKED FOR WAS, UM, NUMBER ONE TO MAKE SURE THAT WHAT WE WERE CALLING IN THE FRONT WAS REALLY GOING TO BE THE FRONT. YEAH AND THAT IS COLEMAN AND THEN THAT THE PEOPLE WOULD PARK IN THE BACK, BUT THEY WOULD WALK ALONG A SIDEWALK THAT CAME DOWN. UM ALONG THE SOUTHERN EDGE, CURVED AROUND AND THEN WENT BACK UP THE FRONT. WHICH WOULD BE THE ACCESS TO THE FRONT DOORS AND THE BUSINESSES AND SUCH THE ACCESS TO THE APARTMENTS WOULD BE THIS DOOR. SEE THAT DOOR THAT'S IN THE GRAY ON THE LEFT SIDE. THAT WOULD BE THE DOOR TO GO IN. THAT WOULD GO TO A STAIRWELL THAT WOULD THEN GO UPSTAIRS AND LEAD TO THE APARTMENTS. WE ALSO DISCUSSED THE IDEA OF HAVING, UM WINDOWS THAT WERE TRANSOM STYLE ON THE APARTMENTS TO WHERE THEY'D BE HIGHER ON THE OUTSIDE WALLS TO, UH, LIMIT THE ABILITY TO LOOK OUT THE WINDOWS INTO THE ADJACENT PROPERTY. UH, WE CHECKED WITH THE FIRE MARSHAL'S OFFICE IN THE BUILDING DEPARTMENT AND THEY TOLD US YOU CAN'T DO THAT BECAUSE THE WINDOW HAS TO BE OF SUSPICIOUS SIZE FOR A FIREFIGHTER TO BE ABLE TO GET INTO THAT WINDOW OFF THE LADDER. 
          FULLY EQUIPPED WHICH MEANS THERE IS A MINIMUM SIZE THAT THE WINDOW HAS TO BE SO WE'RE NOT ABLE TO LIMIT IT TO THE TRANSOM SIZE BECAUSE TRANSOMS ARE ARE NOT GONNA BE THAT BIG. WAS DISCUSSION ABOUT LIGHTING. WOULD THERE BE ANY BLEED OVER AND INTO ADJACENT PROPERTIES? AND WE HAVEN'T DONE ORDINANCE AS FAR AS OUR CODES ARE CONCERNED THAT PREVENT THAT FROM HAPPENING, BUT UNTIL WE ACTUALLY GET A SUBMISSION OF A PHOTOMETRIC SURVEY, WHICH SHOWS HOW THAT LIGHTING WORKS, UM THEN WE DON'T KNOW EXACTLY WHERE THE LIGHTS WILL BE, BECAUSE THEY'LL HAVE TO BALANCE WHERE THE LIGHT'S GONNA BE TO GIVE THE LIGHT WHERE IT NEEDS TO BE WITHOUT GIVING IT WHERE IT DOESN'T NEED TO BE. SO WE HAD THE FRONT. WE HAD THE WINDOWS AND THE INTERIOR. UM THERE IS, UH, IN THE DEVELOPMENT AGREEMENT, WHICH IS THE NEXT ITEM ON THE AGENDA. BY THE WAY, IT HAS THE, UM PARKING CONDITIONS THAT THE, UH, GARAGES CAN ONLY BE USED FOR THE CARS. 
          THE RESIDENTS CARS, THEY CAN'T USE IT FOR STORAGE AND THAT THE PARKING. AND GET BACK TO THE LAB , THE PARKING ALONG THE UM EASTERN EDGE WOULD BE FOR THE OFFICE AND THE RETAIL. UH, 
          [01:20:01]
DURING BUSINESS HOURS. I THINK WE HAVE IT AT 8 TO 6. AND THEN SIGNAGE, UH, WOULD HAVE TO MEET THE SIGN ORDINANCE REQUIREMENTS THAT WE HAVE, WHICH MEANS BASICALLY, IT WOULD HAVE TO BE ON COLEMAN. AND IT WOULD HAVE TO BE A LONG UM, THE FRONTS OF THE BUILDINGS OR COULD BE IN THE SIDE WHERE THE LITTLE COLUMNS ARE, BUT IT'D HAVE TO BE ON THE FRONT AROUND THE DOORS AND THE GLASS. AND I THINK THAT'S ALL OF THE THINGS THAT THERE WAS A RUNNER. DID I MISS ONE? EXTENSION OF THE FENCE. OH, THE WROUGHT IRON FENCE. YES, MA'AM. UM, IT GOES THAT GOES. FROM THE EDGE OF WHERE THE PARKING THE LAST PARKING STALL AND YOU CAN SEE THAT ARROW THAT GOES ACROSS THAT I WAS MENTIONING THAT MADE IT LOOK LIKE IT'S NOT A PARKING SPACE, BUT THE WOOD FENCE WOULD GO DOWN TO THE SOUTHERN EDGE OF THAT PARKING SPACE. AND THEN FROM THERE DOWN TO THE, UH, PROPERTY LINE ON SIXTH STREET WOULD BE THE WROUGHT IRON FENCE WITH LANDSCAPING THAT WOULD AND WITH THAT, TOO. DAVID COULD YOU, UH, SHOW ME ON THE SOUTHERN END THERE? WHERE THEY'RE GOING TO WALK FROM THE PARKING TO THE FRONT ENTRANCES OF THE BUILDING. YES, SIR. THEY AND THAT WAS I THINK THE ONE THING THAT DIDN'T GET CHANGED AS FAR AS THE ELEVATIONS. THEY CHANGED THE OTHER ONES, BUT GENERALLY YOU CAN CAN SEE DOES THIS POINT? NO. UM GENERALLY, YOU CAN SEE SEE WHERE IT SAYS RISER ROOM. YEP OK , RIGHT SOUTH OF THAT. YOU CAN SEE THERE'S A LINE THAT KIND OF LOOKS LIKE A SIDEWALK. IT'S NOT REALLY BUT THE SIDEWALK IF YOU FOLLOW THAT AREA IS A GOOD REPRESENTATION OF WHERE IT'S GOING TO GO, SO IT'LL GO UP. UM TO THE CORNER. THEN IT'LL HEAD DIRECTLY SOUTH WHERE THAT LITTLE , UM SPACE IS AND THEN IT'LL GO DIRECTLY WEST TO A SIDEWALK WHERE THAT WILL GO OUT. STRAIGHT UP ON THE OUTSIDE EDGE OF WHERE THE LANDSCAPING IS UP ADJACENT TO THE BUILDING. SO THE LITTLE DOTS THAT ARE WHERE THE AND WHERE THE TREES ARE GENERALLY WHERE THE SIDEWALK WOULD BE RIGHT UP AGAINST THE DOTS, SO TO SPEAK, SO YOU WOULD WALK OFF THE SIDEWALK ONTO THE GRASS TO THE NO. NO YOU WOULD WALK ON THE SIDEWALK, AND THEN THERE WOULD BE A TINY SIDEWALK AND THOSE ARE ACTUALLY THERE. UM YOU CAN SEE THAT JUST THE LITTLE TINY SIDEWALKS IN BETWEEN EACH OF THE SETS OF BUSHES. DOES THAT MAKE SENSE? SO THIS IS CORRECT. WHAT IS THIS? GRASS SO YOU WOULD WALK OFF THE SIDEWALK. NOW THERE WOULD BE AN EXTENSION. THE SIDEWALK WOULD CONTINUE AND THEN GO UP ALONG OR THAT SIDEWALK IN FRONT OF THE BUILDING WILL BE TEMPORARY UNTIL WE DO. CORRECT. THAT'S ALL BECAUSE AS LONG AS THAT'S EXTENDED. IT WILL BE. YES SIR. IT WILL BE EXTENDED OVER TO THE OUTSIDE EDGE OF THAT BLACK LINE AND GO ALL THE WAY UP ACROSS THE FRONT OF THE PROPERTY. AND THEN EACH OF THE SMALLER SIDEWALKS THAT ARE ACTUALLY DRAWN THERE THAT YOU CAN SEE THAT KIND OF LIKE I. I GET I GET THOSE. I JUST DIDN'T WANT HIM TO WALK ACROSS THE GRASS TO GET TO THE MAIN SIDEWALK THAT I WAS LOOKING FOR. 
          OK AND THAT THAT SIDEWALK WOULD BE TEMPORARY BECAUSE WE KNOW THAT SOMEWHERE IN THE NEXT 34 OR FIVE YEARS, WE'RE GONNA COME IN AND TEAR ALL THAT UP AND FILL IN THE DITCH. AND SO WE DON'T WANT TO SPEND THE MONEY OR IT'S NOT OUR MONEY DON'T WANT TO SPEND THE APPLICANTS MONEY ON A 12 FT WIDE TRAIL SIDEWALK WHEN WE JUST COME AND TEAR IT ALL UP AGAIN TO I JUST I DIDN'T WANT THE MUD. 
          THAT WOULD HAPPEN ON THAT IN IN SHORT PARTS OF OTHER COMMENTS OR QUESTIONS FOR MR HOOVER. YES, SIR. SO THE PRIMARY ENTRANCE ON THE EAST SIDE THAT'S COMING FROM THE PARKING LOT FOR THOSE THAT ARE IN OR IN WHERE EXACTLY IS THAT? ON THAT LITTLE KICK OUT PORTION. I SEE IT ON ON THE IF I'M LOOKING, I'M LOOKING AT THIS CORRECTLY. IT'S RIGHT IN FRONT OF THE HANDICAP PARKING UM RIGHT IN FRONT OF, UH, YES, YES, IT PROBABLY IS RIGHT IN FRONT BECAUSE THAT THAT SPACE IS THERE . ALTHOUGH THE HANDICAP PARKING IS GONNA BE DOWN A LITTLE BIT IN THAT DOORWAY. SEE, THERE'S A, UH , A DOUBLE LINE ON THE WALL. OK, WE WEAR THAT DOUBLE LINE STOPS. IN GOES UP TO THE CORNER OF THE BUILDING. THAT'S ABOUT WHERE THAT DOOR IS GONNA BE. THAT LEADS INTO THE APARTMENTS AND THEN IT JUST LEADS INTO STAIRWAY THAT GOES UP TO THAT LEADS INTO THE APARTMENTS UPSTAIRS. IS 
          [01:25:04]
THERE AN ELEVATOR? I DON'T BELIEVE SO. BUT THE APPLICANTS HERE WILL HAVE TO ASK HIM. IT IS FOR IT IS NOT A, UH IN THE INITIALS. COME ON UP. SORRY. YEAH, I'M SORRY. THANK YOU. 
          THANKS ME. YES, SIR. SO YEAH. SO IN THE INITIAL OF LAND THAT WE, UM HAVE WITH THE ARCHITECT, THAT IS SO THAT LITTLE TO THAT COMES DOWN HAS A STAIRS THAT GOES AROUND AND ELEVATOR IN THE MIDDLE OF IT. UM BUT I DON'T. I CAN'T. I CAN'T. I CAN'T GIVE YOU THE SPECS OF THE ELEVATOR RIGHT NOW. BUT IT IS THE PRELIMINARY SKETCH FOR OK? YES. OK? THANK YOU. ANY OTHER QUESTIONS FOR STAFF. OK? I DO HAVE ONE MORE. I'M SORRY. ON THE WINDOWS AND KEEP ON COMING BACK TO THE WINDOWS. AND LOOKING AT THE AND GET TO THE RIGHT PAGE THERE. I KNOW. I THINK THE LAST TIME THIS CAME BEFORE US, I. I HAD A REQUEST THAT WASN'T SO MUCH THE WINDOWS THAT FACE THE HOUSES. 
          BUT THE VARIATIONS IN QUANTITY OF DIFFERENT TYPES OF WINDOWS AND DIFFERENT PLACEMENT ON THE BUILDING. THEY DOES NOT ALIGN TO ANYTHING ELSE WE HAVE IN PROSPER. I'M SORRY. WHAT? IT DOESN'T ALIGN WHERE YOU'VE GOT STAGGERED, ALIGN, YOU KNOW, UM, WHEN DOES A DIFFERENT HEIGHTS, DIFFERENT SHAPES DIFFERENT SIZES? SCATTERED THROUGHOUT THE BUILDING. THERE'S NOT A CONSISTENCY. UM SAY, FOR EXAMPLE, I'M LOOKING AT THE REAR EAST ELEVATOR AND I'M SORRY. 
          FRONT WEST ELEVATION. WE'VE GOT POTENTIAL DOERS THERE. AND YOU'VE GOT ON THE GRAY SIDE, FOUR DIFFERENT WINDOW SIZES AND DIFFERENT PLACES. DID YOU GUYS DISCUSS THAT AT ALL? YEAH CAN YOU SEE? I THINK WHAT YOU'RE LOOKING AT WAS THE ONE THAT WAS PRESENTED LAST TIME. AND THERE WAS IT WAS IN THIS PACKET. I'M LOOKING AT IT, RIGHT? YEAH. YEAH. 12345 AND YOU GOT CIRCLES ON THE OTHER ONE. I JUST I. I NO, I JUST GOT HIS HAND UP. I'M SORRY TO KEEP ON COMING BACK. 
          BUT THIS IS THIS IS A POINT OF CONTINGENCY FOR ME. ARE YOU REFERRING TO THE DARK GRAY? NO I THINK THE GRAY IS THE STONE. RIGHT SO THE WINDOWS I'M TALKING ABOUT THE DIFFERENT TYPES AND STYLES AND LOCATIONS. YEAH SO WHEN IT COMES TO THE WINDOWS, THE SMALL ONE THAT YOU SEE THERE UH, THERE ARE TWO BEDROOMS IN EACH UNIT. SO AND THE THIRD ONE, SO THE SMALLER ONES ARE FOR THE BEDROOMS. THE THOUGHT SMALL ONE IS FOR THE DINING ROOM AND THAT FIXED WINDOW IN THE MIDDLE OF THE LIVING ROOM. SO, BASICALLY ALL THE ROOMS. YOU KNOW, EACH ROOM NEEDS TO HAVE ONE WINDOW. 
          THAT'S WHY WE MINIMIZE IT FROM THE DOUBLE. SIZE WINDOW TO SINGLE WINDOW FOR THE BEDROOMS. AND THEN THE LIVING ROOM HAS THE FIXED. WINDOW AND THEN THE DINING HAS BECAUSE THE LIVING ROOM DINING ROOM AREA IS ONE ROOM AND WE ONLY HAVE ONE OPERABLE WINDOW IN THE DINING ROOM FOR VENTILATION. SO WHEN IT COMES, I TRY TO MINIMIZE, UM THE AMOUNT OF WINDOWS THERE, BUT WHEN YOU HAVE TWO BEDROOM, YOU HAVE A LIVING ROOM. SO IN THE BACK HERE YOU HAVE TWO UNITS, TWO BEDROOMS AND A LIVING ROOM. SO DEFINITELY ALL THOSE ROOMS NEEDS TO HAVE A WINDOW. AND I DID TRY TO LOOK AT OPTION AND SAY, OK, HOW CAN WE MAKE IT SMALLER? UH I JUST WANNA MAKE SURE THAT WHILE I'M AGREEING TO ANY SUGGESTION THAT IS COMING. I WANT TO MAKE SURE THAT WE MEET FIRE REQUIREMENTS AS WELL. SO AS LONG AS FIRE IS OK WITH THE SIZE AND THE DIMENSION I'M ALL UP FOR YOU. SO, UH, WHAT WE'VE DONE HERE, UM AND ONE THING THAT I LIKE TO POINT TO YOU ALSO, LIKE WHEN IT COMES TO THE I KNOW WE ARE CONCERNED ABOUT THE, UH, THE DUPLEX BEHIND, UH, ON THE EAST SIDE, RIGHT? SO IT'S A ONE UNIT. WE ALREADY HAVE A 82 F THAT BURIES IT IN ALL THE UNITS. UM, LET'S SAY ON THE SOUTH SIDE THEY CAN'T SEE THE BACKYARD WHATSOEVER. UH, THE ONLY UNIT THAT I WOULD SAY MAY HAVE A VIEW OF THE BACKYARD WILL BE THE ONE THAT IS FURTHER NORTH. AND WITH THAT, WE THAT'S WHERE WE ARE HAVING, UH, THE BIG TREE THAT'S GONNA BE THERE NOT GONNA SAY THAT THE TREE IS GONNA COMPLETELY COVERS IT. BUT AT LEAST IT PROVIDES SOME OBSTRUCTION. SO OUT OF THE FOUR UNITS, ONLY ONE UNIT, I WOULD SAY MAY HAVE A VIEW OF THE OTHER. ACCURATE AND WE ARE PLANTING A BIG TREE THERE, UM, TO PROVIDE SOME KIND OF OBSTRUCTION IN THE PARKING ISLAND. SO UM, I REALLY WANNA MAKE SURE THAT I MAKE. UM I MEAN , I KIND OF SATISFY YOUR CONCERN AND EVERYTHING IS JUST I'M I'M I'M TRYING TO BE COMPLIANT WITH 
          [01:30:03]
WITH FIRES, OK? YEAH. THANK YOU VERY MUCH. WHILE YOU'RE THERE SINCE WE BROUGHT YOU UP. IS THERE ANY OTHER QUESTIONS FOR THE APPLICANT? WHILE WHILE HE'S AN THE MICROPHONE. NO. OK, THANK YOU. ALL RIGHT. ARE THERE ANY OTHER QUESTIONS FOR STAFF? OK? THAN AT THIS TIME. THIS ITEM IS A PUBLIC HEARING. I'LL THEREFORE OPEN THE PUBLIC HEARING AT THIS TIME. IS THERE ANYONE THAT WOULD LIKE TO SPEAK ON THIS PARTICULAR ITEM? SEEING NONE. I'LL CLOSE THE PUBLIC HEARING COUNCIL DISCUSSION. WE'LL START WITH MR KERN. UM I, YOU KNOW, I FEEL LIKE WE'VE HAD MOST OF THE QUESTIONS ANSWERED, UM, IT FEELS LIKE ME, UM THE APP DUE DILIGENCE TO ADDRESS ALL OUR CONCERNS. UM AND SO YOU KNOW, IT'S FINE. I DON'T HAVE ANY FURTHER QUESTIONS AND I'M IN FAVOR. THE SAME THING. I APPRECIATE YOU TAKING OUR FEEDBACK FROM THE LAST TIME. I KNOW THE LIST WAS LENGTHY, UM AND INCORPORATING ALL OF THOSE CONCERNS THAT WE HAVE, SO I DON'T HAVE ANY. I DON'T HAVE ANY FURTHER ISSUES. CAR. JEFF. NO I YOU KNOW, A CONCERN WAS THE GARAGES AND I KNOW THAT YOU MADE THAT A NO STORAGE AREA. I DON'T I. I STILL THINK THAT THERE'S GOING TO BE STORAGE THERE. UM THE PARKING SPACES. YOU KNOW, I STILL THINK THAT RESIDENTS ARE PEOPLE VISITING WILL STILL PARK THERE. UM I AND I DON'T UM, A ON IT'S AND IT'S JUST LOOKING AT IT . IT JUST IT DOESN'T LOOK LIKE SOMETHING. YOU WOULD FIND AND PROSPER. UM IT. UH IT LOOKS IT LOOKS LIKE A LOT OF IDEAS KIND OF PUT IN A LITTLE AREA AND IT JUST LOOKS REALLY CONDENSED AND SMALL AND WE'RE TRYING TO, YOU KNOW, MAKE, UM UM, THE KIND OF THE OPEN FEEL I. I JUST DON'T I DON'T SEE IT. UM ON THE OTHER HAND. THAT'S YOU KNOW, I I'M LOOKING AT I. I DON'T KNOW IF I CAN IF I CAN. DENY IT JUST BECAUSE I DON'T LIKE IT. IF THAT MAKES SENSE, BECAUSE UH, IT'S NOT WHAT I THINK IT'S WHAT'S BEST FOR THE TOWN. SO UM YEAH, YOU KNOW, IT'S UM, KIND OF STRUGGLING WITH IT. UM. I. I WISH IT WAS MORE OFFICE BUILDINGS INSTEAD OF APARTMENTS. 
          YOU KNOW FOR OR APARTMENT ISN'T GONNA YOU KNOW, INCREASE OUR, UH THAT'S A THAT'S A TOPIC AROUND TOWN. A NUMBER OF APARTMENTS IN TOWN, SO FOUR ISN'T GOING TO MAKE A BIG DIFFERENCE. BUT I JUST I SEE MYSELF. IN YEARS TO COME SAYING WHY DID I PROVE THAT SO, UM ANYWAY, I AGAIN I. I APPRECIATE YOU KNOW THE DEVELOPMENT WHAT YOU'RE TRYING TO DO? I JUST DON'T KNOW IF THIS IS THE RIGHT UM MIX OF USE FOR IT SO I MEAN, IT'S I. I GUESS THAT'S THAT'S ABOUT IT. NOTICE. 
          SO I DO APPRECIATE YOU TAKING THE TIME TO WORK WITH THE TOWN STAFF AND BRING IN A CONCEPT. 
          UH, I. I STRUGGLE A LITTLE BIT WITH THIS, UM, PRODUCT IN THIS LOCATION. I THINK IT'S IT IS WE'RE TRYING TO PUT A LOT INTO A VERY SMALL SPACE AND I PRE I APPRECIATE THE CREATIVITY TO DO THAT. I JUST DON'T KNOW THAT IT'S THE RIGHT FIT. II. I WANT TO MAKE SURE THAT WHAT WE PUT IN THERE, YOU KNOW, 50 YEARS FROM NOW, IT WILL STAND THE TEST OF TIME AT THE SAME TIME, I. I DON'T KNOW THAT MULTIFAMILY IS A GOOD OPTION RIGHT OFF A COLEMAN. UM MULTIFAMILY HAS THE RIGHT PLACE FOR THE RIGHT PRODUCT. AND I DON'T KNOW THIS IS IT FOR ME. SO UM, WITH WITH THAT III I NOT IN FAVOR. THANK YOU. I HAVE NOTHING MORE TO ADD TO. THE COMMENTS HAVE BEEN MADE ALL THE WAY ALONG. I SENT I HEAR THE STRUGGLE. UH, I ALSO FEEL THAT, UH THE STRUGGLE MAY BE BECAUSE WE'RE CHANGING AS WE CONTINUE TO GROW THE DOWNTOWN AREA. THAT'S THE STRUGGLE. I THINK THAT WILL BE INHERENT IN OUR FUTURE. SO UH, WITH THAT, I'LL TAKE A MOTION ON THIS PARTICULAR ITEM. 
          [01:35:02]
MAKE A MOTION TO DENY THE REQUEST TO REZONE 0.3 ACRES ON PROSPEROUS CENTRAL ADDITION, BLOCK ONE LOT ONE FROM SINGLE FAMILY 15 TO PLAN DEVELOPMENT DOWNTOWN OFFICE, LOCATED ON THE NORTHEAST CORNER OF COLEMAN STREET AND SIXTH STREET. I HAVE A MOTION BY MARCUS RIGHT TO HAVE A SECOND I'LL SECOND I HAVE A SECOND BY JEFF HODGES. ALL IN FAVOR OF THAT MOTION. ALL IN OPPOSITION. MOTION IS DENIED. IS THERE ANY OTHER MOTIONS? MAKE A MOTION TO APPROVE ITEM 15. OK, I HAVE A MOTION FOR APPROVAL. DO I HAVE A SECOND? A SECOND BY, UH COUNCIL MEMBER KOEHN ALL IN FAVOR. ALL OPPOSED. THAT MOTION PASSES. THANK YOU VERY MUCH, DAVID AND TO THE APPLICANT NEXT 
          [16. Consider and act upon authorizing the Town Manager to execute a Development  Agreement between O E 6th, LLC, and the Town of Prosper relative to Prosper Central  Addition, Block 1, Lot 1. (DH)]
AGENDA ITEM IS AGENDA ITEM NUMBER 16 TO CONSIDER AN ACT UPON AUTHORIZING THE TOWN MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN OE SIX LLC IN THE TOWN OF PROSPER RELATIVE TO THE PROSPEROUS CENTRAL EDITION BLOCK ONE LOT ONE. MR HOOVER. THANK YOU. THIS IS THE COMPANION , AND IT'S A LITTLE OUT OF THE NORMAL ORDER. BUT THIS CAME ABOUT AS IT'S FOR THIS LAST ITEM AS IT'S THE DEVELOPMENT AGREEMENT FOR IT, SO AS YOU GO INTO IT, MR G, I DO NOT SEE WHERE COUNCILMAN HODGES MENTIONED THE STORAGE AS BEING IN THE UH, DEVELOPMENT AGREEMENT . I DO NOT SEE WHERE THAT IS, IF YOU WOULDN'T MIND JUST POINTING THAT OUT TO ME. WHERE WE SAID NO STORAGE AND HOW WE POLICE THAT UM, IF YOU LOOK AT EXHIBIT C AT SEA. DOWN AT THE VERY BOTTOM UNDER PARKING AREAS. OK SO LAST SENTENCE SAYS NO STORAGE SUB BE PERMITTED IN THE MULTIFAMILY PARKING OK, THAT IS IN THE FINE PRINT. IT YEAH, IT'S ONE OF THOSE MARKETING. I 1.5 0.9 THAT IS PART OF THE DEVELOPMENT AGREEMENT. THOSE EXHIBITS ARE WHERE ARE THERE PARKING I SEE THE PARKING I SEE RETAIL, RETAIL PARKING, RESIDENTIAL PARKING. PROVIDED I DON'T SEE THAT IN PARTICULAR. OH, WOW. YOU'RE TALKING ABOUT THIS ONE RIGHT HERE. NO RIGHT HERE. IT'S A SITE. YEAH, RIGHT. THERE IS WHERE HE'S TALKING ABOUT. BUT I DON'T SEE IT. PARKING IF YOU DON'T MIND. I THINK IT'S PAGE 305. OF YOUR PACKET. I WORK. I'M ON 344. WHICH IS THE EXHIBIT C. 
          THE SITE PLAN. YEAH, YOU'RE RIGHT. I DON'T SEE IT IN THOSE NOTES. SHOULDN'T THERE BE IN EXHIBITS? I JUST IF WE'RE GONNA SAY THAT, AND I KNOW WE SAID THIS. IT'S ON HERE. THIS IS WHAT I WAS READING THIS MULTIFAMILY PARKING MAN. IT SHOULD BE DESIGNED AS PARKING ONLY NO STORAGE. THERE WE GO. OK, WHAT? WHAT PAGE IS THAT? I JUST COULDN'T FIND 34. THANK YOU. 
          SECTION OH, OK, I SEE IT NOW. I WAS LIKE, OH, MY GOSH, I DIDN'T. YES, IT IS NOT ON THE SITE PLAN. 
          FROM WHAT I CAN TELL, BUT IT IS UNDER SEA. THANK YOU. IT'S ALSO UNDER IF YOU LOOK IN THE STAFF REPORT PAGE FOUR. YEAH, WE GO TO RIGHT, BUT THE STAFF REPORT ISN'T. I SEEN THE DEVELOPMENT AGREEMENT, SO I'M FINE SO WELL. YES THE STAFFER JUST SO YOU'LL KNOW HOW IT IT IT FLOWS. THE STAFF REPORT OBVIOUSLY ISN'T PART OF THE DEVELOPMENT AGREEMENT. BUT IN THE STAFF REPORT, IT HAS ALL THE ITEMS THAT WE TALKED ABOUT IT. THE LAST MEETING THAT WE COVERED ON THE LAST AGENDA ITEM WHEN WE WERE TALKING ABOUT IT, BUT UNPAID. FOR UNDER PARKING. IT SAYS NO STORAGE SUB BE PERMITTED AND ENCLOSED GARAGE SPACES AND THE SPACES OUTSIDE OF THE ENCLOSED GARAGES, SUBBY DESIGNATED FOR OFFICE AND RETAIL PARKING ONLY. I DON'T SEE THAT PAGE FOUR OF THE STAFF REPORT. I SEE ONLY AT PAGE ONE AND TWO OF THE STAFF REPORT. AM I INCORRECT? NINE YOU ARE NOT INCORRECT. THAT'S ALL I SEE. TWO OF TWO YEAH, I GOT. IT'S A TWO PAGE. IT MAY BE ON NUMBER 15, THOUGH. OK BUT THAT'S NOT THE ITEM. WE'RE ON 36. YES IT IS. 
          IT'S ALL UNDER ITEM. 15 YOU'RE RIGHT. WE'RE AT 60, RIGHT? OH, AND THAT'S WHERE YOU GOT THE EXHIBIT C FROM YEAH, WE WERE LOOKING AT, BUT IT SAYS IT IN THE DARK IN THE IT IS ACTUALLY ON 1616 UNDER ONE C. SO THAT'S THAT'S THE ANSWER TO MINE. QUESTION. ALL RIGHT THERE. IS 
          [01:40:01]
THERE OTHER QUESTION FOR STAFF ON THAT. SO DAVID, THAT'S A CODE ENFORCEMENT THAT WOULD THAT WOULD MAKE SURE THAT THAT'S CLEAN. WE ALSO GOT REQUIRE THE OWNER HOMEOWNER TO HAVE DE RESTRICTIONS THAT STATE THAT AND BECAUSE IT WOULD BE AND HERE IN OUR REGULATIONS AND THE AGREEMENT THAN IF WE DISCOVER THAT THAT'S GOING ON, THEN WE'LL GO AFTER THE OWNER SUPPOSED TO GOING AFTER THE TENANT. I JUST I DIDN'T KNOW IF IT WAS LIKE A YOU KNOW, THE OWNER PATROLLED IT. 
          BASICALLY OR IF THERE WAS A CODE ENFORCEMENT THAT WAS THE ONE WHO WOULD ENFORCE THAT, BUT IT WOULD BE, IT WOULD BE CODE ENFORCEMENT THAT WOULD DEAL WITH IT AND NOT THE RESIDENT. AND WE'RE PRIMARILY, UM, COMPLAINT DRIVEN, BUT AT THE SAME TIME, THERE'S CERTAIN POCKETS THAT WE DRIVE AROUND AND LOOK AT THIS ONE ON THOSE LIST OF BRACKETS SO WE'LL WE'LL PLAY A SILLY GAME HERE. SO CAN I STORE MY SHOVEL? THEY'RE IN THE GARAGE. DO YOU HAVE A PEGBOARD? AND IS IT HANGING ON THE I WOULD TELL YOU EVERYBODY, AND I THINK IT'S UNREASONABLE TO SEND. NOBODY HAS EVER GONNA HAVE ANYTHING IN THERE. BUT IF YOU CAN PUT YOUR CARS IN THERE THAT'S WHAT WE'RE WE'RE GONNA LET YOU PUT OTHER. SO WHERE? YEAH. NO STORAGE SHOULD BE. PROHIBITING A VEHICLE FROM ENTERING. WOULD THAT BE A RIGHT? AND IN ALL OF US HAVE GARAGES AND OUR MAN AND ALL OF US HAVE SOMETHING. YEAH THIS IS THOSE ARE TWO CAR GARAGES. SO WE BEFORE YOU COULD PARK THE CAR OUTSIDE THE GARAGE. YOUR RESIDENT. YOU HAD TO HAVE TWO CARS IN THE BRAN. I WANT YOU TO THANK YOU DOWNTOWN. SAME SITUATION. SAME PROBLEM. SO IS THAT HOW YOU WOULD WRITE THE RESTRICTIVE COVENANTS IN THE PROPERTY? RESTRICTIONS IT WOULD BE SOMETHING SIMILAR TO THAT. 
          YES SIR. AND WE HAVE TO APPROVE THOSE. SO WAS THERE WRITTEN UP? WE'LL MAKE SURE THAT IT COVERS AND I DON'T THINK WE WILL MAKE IT LIBERAL ENOUGH TO WHERE IT'S THE DETERMINATION OF THE OCCUPANT. HOW MUCH STUFF THEY CAN FIT IN THERE BESIDES THEIR CARS, I THINK WE NEED TO BE A LITTLE MORE RESTRICTIVE THAN THAT. BUT REALISTICALLY, EVERYBODY HAS SOMETHING IN THEIR GARAGE LIKE I WAS ALL RIGHT. ARE THERE ANY OTHER QUESTIONS FOR STAFF, OR IS THERE A MOTION ON THIS DEVELOPMENT AGREEMENT? ITEM NUMBER 16 MAKE A MOTION TO APPROVE ITEM NUMBER 16. OK, DO I HAVE A SECOND? LIKE CHARLES, WITH THE SECOND ALL IN FAVOR. MOTION PASSES UNANIMOUSLY. THANK YOU VERY MUCH. ITEM NUMBER, 17 CONSIDER AND ACT UPON AUTHORIZING THE TOWN MANAGER TO 
          [17. Consider and act upon authorizing the Town Manager to execute an Amendment to  Participating Member Contract between the Upper Trinity Regional Water District, and  the Town of Prosper, Texas, related to subscribing for additional wastewater treatment  capacity associated with the expansion of the Doe Branch Water Reclamation Plant.  (CE)]
EXECUTE AN AMENDMENT TO THE PARTICIPATING MEMBER CONTRACT BETWEEN THE UP OPPORTUNITY REGIONAL WATER DISTRICT IN THE TOWN TO PROSPER RELATED TO SUBSCRIBING FOR ADDITIONAL WASTEWATER TREATMENT CAPACITY ASSOCIATED WITH THE EXPANSION OF THE DOUGH. BRANCH WATER RECLAMATION PLANT, MR EWING. THANK YOU, MAYOR. MEMBERS OF THE COUNCIL. UM, SO THIS IS AN ITEM THAT HAS BEEN, UH, DISCUSSED SEVERAL TIMES WITH COUNSEL IN WORK SESSIONS. UM, WE DID TAKE AN OPPORTUNITY BETWEEN LAST COUNCIL MEETING. UH TO, UH, PRESENT THIS TO THE COMMITTEE AND TO THE FINANCE COMMITTEE. UM BUT I WILL GIVE A BRIEF OVERVIEW OF THE DISCUSSION AND WHAT IS BEFORE YOU TONIGHT? AS FAR AS INCREASING THE CAPACITY OF THE UPPER DOE BRANCH, UH, RECLAMATION PLANT. THIS MAP SHOWS THE, UH EFFECTIVELY THE, UH WESTERN TWO THIRDS OF TOWN IS SERVED BY THE DOE BRANCH PLANT DOWN AT AT THE, UH, SOUTHWEST CORNER OR THE LOWER LEFT CORNER. 
          IF YOU WILL OF THIS PRESENTATION , UM IT DOES HAVE A CAPACITY OF 4 MILLION, UH, GALLONS PER DAY. 
          UH, 1 MILLION GALLON OF THAT, UM, IS, UH, DEDICATED TO PROSPER. UM, AND THE REMAINDER IS, UH, FLOWS TO, UH, NORTH TEX WATER DISTRICT TO WILSON CREEK. UM NOW, A PORTION OF, UH, THE AREAS. UH, JUST TO THE EAST OF THAT LINE, WE DO PUMP, UM, OVER, UH TO, UH NOR TEX WATER DISTRICT . SO UM, A PORTION OF THE FLOW, UM IN THE, UH, WESTERN TWO THIRDS ALSO GOES TO, UH, NORTH TEXAS. UH, IF APPROVED, THIS PLANT EXPANSION WOULD BE AN ACCOMMODATE THAT THAT SO THAT WE DO IT NO LONGER HAVE TO UTILIZE THOSE. JUST SOME BACKGROUND. UM THE D BRANCH. UH, WATER RECLAMATION PLANT WAS, UH, PUT INTO SERVICE AT TWO. MGD UM, IN 2016 AT THAT TIME PROSPERED, UH, PARTICIPATED, UH, AT 1 MILLION GALLONS PER DAY. UM BUT PRIOR TO THAT THERE HAD BEEN, UH, OTHER OPTIONS LOOKED AT POTENTIALLY, UH, CONSTRUCTING THE TOWN'S OWN PLANT. UM YOU KNOW, TALKING TO HUG AND I THINK BACK WHEN, IN EARLY DISCUSSIONS THERE HAD BEEN DISCUSSIONS OF EVEN TRYING TO LIFT. UM ALL THE WASTEWATER, UH TO THE, UH TO NORTH TEXAS. UM WHICH YOU JUST THE SIZE OF THE, UH, PUMP STATIONS AND, UH, THE SIZE OF THOSE, UH, FORCE MAINS, UM, WERE EXPENSIVE. AND UM, 
          [01:45:06]
HONESTLY, LIFTING IS NOT A PREFERRED METHOD, UM OR OR PUMPING WATER UPHILL TO IS NOT A PREFERRED METHOD. IT'S EXPENSIVE IN IN A LOT OF MAINTENANCE. THAT GOES ALONG WITH THAT, UM IN BETWEEN, UH, AFTER THAT, UH, IN 2021. THE PLANT WAS EXPANDED TO FOUR MGD CAPACITY. UM, PROSPER DID NOT PARTICIPATE. UM, THE PLANT WAS LIMITED, UH, UNDER ITS TCQ PERMIT TO 5.5 MILLION GALLONS PER DAY. UM, DURING THAT , UH, PERIOD. UH OPPORTUNITY DID REQUEST THAT THE CAPACITY BE RAISED TO 20 MGD. UM AND THEN THAT'S WHEN THEY BEGAN. UH THE, UH, PLANNING FOR IT TO EXPAND THE PLAN AGAIN FROM FOUR MGD TO 12. AFTER THAT, UM, APPROVAL, UNDERSTANDING. THE ADDITIONAL, UH, CAPACITY WAS GONNA BE NEEDED , UM, BETWEEN, UH, THE FOUR USERS AGAIN AND I FAILED TO MENTION THAT BEING PROSPEROUS ALANA, UH, MUSTANG SUD, UM AND, UH, R ELM RIDGE. SO THE, UH PRELIMINARY PLANNING BEGAN IN 2022 TO ADD THAT, UM, WITH THESE, UH FOUR PARTICIPANTS, UM AT THE TIME. UH, PROJECTS, UH, PROJECTED TO NEED THREE MGD BY 2030. THAT IS STILL UH, THE TOWN'S, UH, PROJECTION AT THIS POINT AS WE GO THROUGH THIS, UH, THE YEAR UM WE'RE IN THE PROCESS OF UPDATING THOSE DEMANDS. I WILL SAY, UH, PRELIMINARILY, WE DO BELIEVE THAT THIS MAY BE THE LAST EXPANSION THAT PROSPER NEEDS. UM AND IF ANY MORE IT WOULD NOT BE A LOT MORE THAN I KNOW, THERE'S UH, SOME YEAH. LOOKS AT ME THAT MAY NOT BE MAY BE IN DISBELIEF, BUT, UM YOU KNOW, HONESTLY, UH, YOU KNOW THAT'S THAT'S THE INITIAL PROJECTION AGAIN AS WE GO THROUGH THE YEAR THAT THAT WILL BE TIED DOWN FURTHER, SO UM IN 2023. AS WHEN, UH, CONCEPTUAL. 
          UH, PLANS WERE OUR ESTIMATES WERE, UH, PROVIDED THAT WAS WHERE HE CAME AT THE 146 MILLION CONSTRUCTION COSTS. THERE WAS A CONSTRUCTION ONLY, UM AND SO WITH THAT, AND AGAIN, THIS WAS GOING TO BE SHARED BETWEEN MUSTANG SUD SALINA AND PROSPER. SO THIS IS THIS IS A THREE WAY SPLIT. UM UM BETWEEN, UH, THOSE THREE ENTITIES TO FUND THIS PLANT. UM THERE WERE SOME CHANGES AS FAR AS HOW SALINA WANTED TO TREAT ITS UH UH, WASTE WATER. UM SO IN AUGUST, MUSTANG SUD DECIDED NOT TO PARTICIPATE. SO UM SO NOW THIS BECOMES A YOU KNOW, TWO ENTITIES PARTICIPATING , WHICH, AGAIN? UH, INCREASE THE COST. AND TO BOTH CELINA AND, UM , THE TOWN OF PROSPER. SALINA ASKED TO, UH, LOOK AT JUST ADDING FOUR MGD VERSUS EIGHT MGD , UM AND, UM AFTER A REVIEW, UH, IT JUST THEY FOUND THAT YOU KNOW, IT WAS JUST GONNA BE A MORE COST EFFECTIVE TO GO TO THE FULL EIGHT AND THEN THEY WOULD PARTICIPATE IN FOR WHICH THEY AGREED TO DO, UH, LAST WEEK. UM SO, UM THAT, UH, EVERYONE'S APPEARS TO BE A GIRL. THAT AM GD IS THE, UH, BEST OPTION. UH, JUST IN COST, UM, EVEN THOUGH IT'S STILL A HUGE COST, UM, BUT, UH, DEFINITELY, UH, WE DID GET ADDITIONAL COST ESTIMATES IN DECEMBER, UM AT 100 AND 86 MILLION OF CONSTRUCTION VALUE. 
          SO THAT WAS AN INCREASE. AND THAT WAS DUE TO THE FACT THAT THE PLANS UM YOU KNOW, REALLY WERE AT 30% AND THEY HAD A BETTER IDEA OF WHAT THOSE COSTS WOULD BE, UM, AND JUST WITH ADDITIONAL COSTS, UH, RELATED TO INFLATIONARY PRESSURES AND JUST THEN, AND EQUIPMENT COSTS. UM THAT'S REALLY PLACED A LOT OF PRESSURE UPWARD. UM THIS IS OUR CURRENT FLOWS. WE ARE EXCEEDING THE ONE MGD. SO UM, THAT HAD BEEN PROJECTED BACK IN 2021 IS WHEN THE UH YOU KNOW, PHASE TWO WAS OPERATIONAL. UM, AND IN PHASE THREE PRELIMINARY ENGINEERING STARTED IN 2022 AFTER. UM THE, UH, PROJECTIONS WERE THAT YOU KNOW ALL THE INTERVIEWS WOULD NEED ADDITIONAL CAPACITY. UM THE FINAL, UH, DESIGN CONTRACT HAS BEEN AWARDED IT IS AT 30% HOPES TO BE AT 60% NEXT MONTH. UM AND THEN, UH, I KNOW THAT THERE WILL BE A REVIEW OF THOSE COSTS AND TO SEE WHERE WE CAN FIND SOME, UH, REDUCTION IN IN COSTS. SO THE TOTALS UH, WOULD BE, UH, AT THE AT THE CMR. THERE IS THE PROJECTED COST FOR THE AM GD IS 2098 92 554, AND THAT IS INCLUDES CONSTRUCTION, THE CONSTRUCTION ENGINEERING AND ESTIMATE FOR, UH, PROGRAM MANAGEMENT AS WELL, UM, AT THE END THAT THE 23 MILLION WILL LIKELY COME DOWN BECAUSE THOSE ARE ESTIMATES. I KNOW FOR PROGRAM MANAGEMENT. UH OPPORTUNITY ONLY CHARGES THEIR ACTUAL COSTS. AND SO AT THIS POINT, IT'S AN ESTIMATE UNTIL THEY ACTUALLY START. WORK. SO THE TERMS OF THIS CONTRACT AMENDMENT, UM INCREASES. THERE IS SOME EXISTING CAPACITY OF 125,000 GALLONS PER DAY, UM, 
          [01:50:04]
THAT THE TOWN WILL BE ABLE TO, UH, SUBSCRIBE TO INCREASE, UH, TO REDUCE THE AMOUNT THAT WE ARE GOING OVER. AND THEN THAT REDUCES THE AMOUNT OF SURCHARGES THAT THE TOWN HAS TO PAY WHEN WE DO EXCEED, UH, THE, UH, ONE POINT UH 1,000,001 0.0 MGD PER DAY. UM IT SUBSCRIBES TO THREE MGD OF THE FUTURE CAPACITY. UM, UPON COMPLETION OF CONSTRUCTION. UM, AND THAT THEN THEY ACTUAL THAT DOES LEAVE IT 1 MILLION GALLONS PER DAY, COMMON TO ALL CAPACITY, WHICH WOULD BE SHARED, UM, SO IN THE END, ACTUALLY, THE TOWN'S COST WILL NOT BE THAT FULL FOR MGD. UM, BUT JUST, UH, IN CASE UH, WE, UH DO, UH, PROJECT ADDITIONAL AMOUNT THAT MAY BE NEEDED AT THE END OF THIS YEAR THAT WOULD BE AVAILABLE TO THE TOWN AND TO SUBSCRIBE TO UM, IT DOES COMMIT, UH, THE TOWN TO FUNDING TWO PROJECTS. THE, UH THREE THE 12 MILLION GALLON ADDITIONAL, UH, INCREASE AND PARTICIPATE IN THE CONSTRUCTION OF AN ADDITIONAL INTERCEPTOR LINE AS WELL TO BE ABLE TO CARRY THE, UH, THE FLOW. SO THESE ARE THE TOWN'S SHARE PRELIMINARY AGAIN. THESE WILL, UH, LIKELY. 
          IDEALLY THEY WILL COME DOWN IS OUR HOPE. UM SO THE PLAN EXPANSION. THEY UH, THE HALF UH, 50% SHARES AS, UH, JUST UNDER 100 AND 5. MILLION UH, HALF OF THE SHARE OF THE TRUNK. MAIN IS JUST OVER 16 MILLION. UH, CURRENTLY OUR FUNDING PLAN IS WE HAVE PROVIDED ALREADY. 6/6 0.1 MILLION IN ARPA FUNDS, UM, TO OPPORTUNITY TO ASSIST IN FUNDING AND IN THE DESIGN WORK. UM, WE HAD PLANNED, UH, TO FUND UH, 55 MILLION AND ABOUT 7.5 MILLION IN C OS, AND SO THIS GUY CONTINUES THAT PLAN OVER THE NEXT TWO YEARS. ONCE WE KNOW WHAT THE FINAL CARD COSTS ARE AND A BETTER IDEA OF THE TOTAL, UH, CONSTRUCTION COST AND THAT LEAVES, UH, JUST OVER 52 MILLION AGAIN. WE DON'T BELIEVE THAT WILL BE THE ULTIMATE COST. BUT WE CAN, UH, WE'LL HAVE A BETTER NUMBER. UM ONCE THEY, UH, ACTUALLY HAVE THE FINAL COST AND AMENDED. WE WILL REVIEW THEIR PLANS. UM WE'VE ACTUALLY CONSIDERED WE WERE LIKE WE HAVE SENT SOME OF THE INFORMATION, UH, TO CHRIS QUA. DOES SOME OF OUR ANALYSIS OF THOSE COSTS. WE'LL CONTINUE TO UTILIZE THE SERVICES TO IDENTIFY SAVINGS. UM AND WHERE THEY CAN, UH, YOU KNOW, MAYBE SOME OF THEIR BIDDING AMOUNTS. IF THEY'RE, UH, YOU KNOW. HIGH IN HIS OPINION, THEN WE CAN ASSIST AND FINDING ALTERNATIVE. UM EXPENSES. UH IF APPROVED, UH THEN THE NEXT STEP, THEY WILL BE A COMPLETE THEIR, UH, FINALIZE THEIR CONTRACT WITH THEIR CR. THEY WILL BEGIN, UH, ORDERING EQUIPMENT. UH, THEY WOULD LIKE TO PLAN ON STARTING AT LEAST THE PRELIMINARY, UH, DIRT WORK AND, UH, DRILLING PIERS IN AUGUST, UM AND BEGIN, UH, THE PROCESS WITH A LATE 26 EARLY 27 TARGET OF COMPLETION. 
          WITH THAT I WILL. BE HAPPY TO ANSWER ANY QUESTIONS ABOUT THE SUBCOMMITTEES DID, UH, RECEIVE THIS INFORMATION? UM AND BEGRUDGINGLY SUPPORT IT, BUT NONETHELESS, UH, DID, UH, PROVIDE THE FEEDBACK SO I JUST HAVE ONE QUESTION. SO IF WE DID NOT APPROVE THIS WHAT WOULD HAPPEN? UH, WE WOULD CONTINUE TO INCUR SURCHARGES. UM YOU KNOW, FOR ONE, WE WOULD PROBABLY NEED TO START LOOKING AT ALTERNATIVES . WE COULD LOOK AT BUILDING A PLANT. THE TOWN COULD CONSTRUCT ITS OWN PLANT. UM, THAT WOULD TAKE SOME TIME AND PERMITTING, UM, I DON'T THINK THE COSTS WOULD BE ANY DIFFERENT. WHAT WE'RE SEEING AS FAR AS COST, YOU KNOW, AROUND THE STATE, AND THAT INFORMATION WAS PROVIDED BY OPPORTUNITY IS THIS THESE COSTS ARE CONSISTENT WITH WHAT THEY'RE SEEING WITH OTHER COSTS. WE COULD LOOK AT EXPANDING, UM THE CURRENT STATION. UM I DON'T KNOW IF WE COULD GET ENOUGH CAPACITY, YOU KNOW, TO CARRY EVERYTHING THAT THAT WE KNOW WILL EVENTUALLY COME. UM AND AGAIN, UM, IT WOULD REQUIRE A LOT OF CONSTRUCTION THROUGH THE EAST SIDE OF TOWN TO CONSTRUCT ANY ADDITIONAL FORCE MEANS AND THEN EXPAND THE, UH, LIFT STATIONS. 
          SO UM, YOU KNOW, I DON'T KNOW IF THERE WOULD BE A LOT OF SAVINGS. MAYBE INITIALLY THERE WOULD BE SAVINGS JUST IN THAT COST, BUT LONG TERM. UH, IT COSTS TO MANAGING A LIST STATION. UM, CAN CAN. UH, WE'RE WE'RE REPLACING AND REPAIRING PUMPS ALL THE TIME . SO IT'S UM OUR GOAL WOULD BE TO TAKE THIS OUR EXISTING PUMP STATIONS OFFLINE WHERE WE CAN, BECAUSE THEY JUST ARE, UM THEY ARE AAA MAINTENANCE HEADACHE. SO OR YOU COULD STOP BUILDING PERMITS. Y? YES MORATORIUMS ARE, UH, POSSIBILITY. THOSE ARE NOT THOSE ARE NOT VERY POPULAR, THOUGH, SO I WOULD NOT RECOMMEND THAT SO THEY ARE. IT IS AN OPTION. YES, NOT A GOOD ONE. YEAH, AND RACY. I WE TALK 
          [01:55:01]
DISCUSSING OR QUESTION IT'S QUESTIONS FOR STAFF. I DON'T HAVE ANY QUESTIONS I DO. I DO APPRECIATE YOU LAYING IT OUT AGAIN AND MULTIPLE TIMES THROUGHOUT THE MEETINGS THAT WE'VE HAD, UH AGAIN. UM YOU KNOW , I FEEL LIKE WE'VE STEPPED THROUGH THIS AND, UH, TOOK THE LITTLE BIT OF EXTRA TIME TO DO THE DUE DILIGENCE HERE TO MAKE SURE THAT WE ALL UNDERSTOOD. UM THE MAGNITUDE OF WHAT WE'RE DOING, BUT ALSO THE MAGNITUDE OF THE REQUIREMENT VERSUS SO THANK YOU. CHUCK, IF YOU GO BACK TO THE SLIDE THAT GIVES THE TIMELINE TOWARDS THE VERY BEGINNING. OH, OK, RIGHT. YEAH I I'LL SIMPLY POINT OUT FOR THIS COUNCIL THAT THE DECISIONS THAT WE MAKE HAVE REPERCUSSIONS BECAUSE I BELIEVE BACK IN THE 01 TIME FRAME 21 TIME FRAME. THERE WAS AN OPPORTUNITY, PERHAPS IF IT WAS LOOKED AT CLOSELY TO PARTICIPATE IN THAT PLANT, AND IT MAY I'M NOT SAYING THE COST WOULD HAVE BEEN. I'M NOT SAYING WE COULD HAVE EVEN AFFORDED THE COST. BUT THAT'S THE COST OF INACTION AT THAT POINT, SO IT. THE REPERCUSSIONS ARE WHERE WE ARE TODAY, AND I FIND IT UNFORTUNATELY, THEY WERE PLACED IN THIS POSITION. SO UH, WITH THAT, IS THERE A MOTION ON THIS PARTICULAR ITEM? MOVED TO AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AGREEMENT AMENDMENT TO THE PARTICIPATING MEMBER CONTRACT BETWEEN A OPPORTUNITY REGIONAL WATER DISTRICT TOWN OF PROSPER TEXAS RELATING TO SUBSCRIBING FOR ADDITIONAL WASTEWATER TREATMENT CAPACITY ASSOCIATED WITH THE EXPANSION. OF THE D BRANCH WATER RECLAMATION PLANT. I HAVE A MOTION BY THE MAYOR, PRO DEPUTY MAYOR PRO TEM TO HAVE A 2ND 2ND BY JEFF HODGES ALL IN FAVOR. ALL IN FAVOR. MOTION PASSES UNANIMOUSLY. THANK YOU. LIKE UH OH. ARE YOU SURE? ARE YOU SURE ABOUT THAT? YES ALL RIGHT. THE GENDER ITEM NUMBER 18 IS TO 
          [18. Discuss and consider Town Council Subcommittee reports. (DFB)]
DISCUSS AND CONSIDER THE TOWN COUNCIL SUBCOMITTEE REPORTS WE HAD THE I'LL START WITH LEGISLATIVE WITH SCHEDULE FOR TODAY. UH, WE DID NOT ACTUALLY CONDUCT THAT MEETING. WE PUSHED IT OUT FOR NEXT MONTH. SO FINANCE COMMITTEE DID MEET. WE DID, UM, I THINK THE PRESENTATION WE JUST GOT WAS PROBABLY AS ROBUST AND THOROUGH. OK? UH, THE C I COMMITTEE C IP, UM YOU WANT TO GO AHEAD. GO AHEAD, CHARLES IN CHARGE OF IT. YES, YOU ARE. YEAH. WERE YOU WERE YOU PRESENT AT THE MEETING TRYING TO THROW ME OUT OF HERE? YES I WAS HERE. WELL NOT MENTALLY. BUT I WAS PHYSICALLY THERE THERE. BASICALLY WHAT WE SAW, RIGHT? THERE WAS THE. THE EXTENT OF THE MEETING. I'M TRYING TO THINK IF THERE'S ANYTHING ELSE, AMY, WOULD YOU LIKE TO HELP US WITH THE WE DISCUSSED THE DESIGN. THAT WE APPROVED TONIGHT FOR PROSPER TRAIL ADDED IN THE SIDEWALK COMPONENT, BECAUSE THAT WAS NOT ORIGINALLY PART OF THE SCOPE. UM AND THEN WE ARE MEETING AGAIN ON THE 29TH TO GO OVER ALL OF OUR PROJECTS. LOOK AT SOME POTENTIAL NEW DESIGNS AND KIND OF LOOK AT SOME OF THE GAPS THAT WE HAVE IN IN IN, UH AND JUST IN PROJECTS, NOT JUST ROADS, BUT JUST LOOK AT THE GAPS AND SEE WHAT WE'RE GONNA DO. MOVING FORWARD TO FILL THOSE GAPS. AND THEN DOWNTOWN COMMITTEE MET CHRIS GROUP. YEAH. WE JUST PRIMARILY ENTERTAINED, UM, SOME INFORMATION FROM THREE DIFFERENT DESIGN FIRMS. WE IF YOU REMEMBER WE HAVE RECOMMENDATIONS FROM THE COMMITTEE THAT THEY ANTICIPATE BRINGING FORWARD UM IN REGARDS TO SOME STRUCTURES DOWNTOWN. UH, WE'RE CURRENTLY CALLING THE MARCHES. UM BUT WE'RE OPEN TO INTERPRETATION. SO WE INTERVIEWED THE THREE FIRMS THAT WERE QUALIFIED BY THE TOWN PURCHASING STAFF AND WE'LL BE MOVING FORWARD WITH ONE OF THOSE. OK ALSO C, UM JUST THEY CONTINUE TO LOOK AT WAYS FOR US TO GET OUT THERE TO THE COMMUNITY AND HEAR BACK FROM OUR COMMUNITY MEMBERS IN A WAY THAT IS INSTEAD OF THEM COMING TO US, IN OTHER WORDS, HAVING TO COME TO MEETINGS, WE'RE KIND OF MEETING THEM WHERE THEY ARE IN THEIR HOAS OR AS THEY HAVE EVENTS IN THEIR NEIGHBORHOODS TO HEAR FROM THEM SO WE CAN MEET THEIR NEEDS A LITTLE CC IS GOING TO GO MEET THEM. WE WELL, WE WILL TAKE TURNS TO GO TO THESE EVENTS AS WELL. SO THAT WE, YEAH, THEY CAN TALK TO US ABOUT ISSUES IN THEIR AREA OF TOWN. OK, THANK YOU. THANK YOU FOR THAT. OUR NEXT AGENDA ITEM IS TO POSSIBLY DIRECT TOWN STAFF TO SCHEDULE TOPICS FOR DISCUSSION AT FUTURE MEETINGS. DO ANY OF THE COUNCIL MEMBERS HAVE ANYTHING THEY WOULD LIKE TO BRING FORWARD TO A FUTURE MEETING? I'M NOT GONNA WAIT LONG. UH, THE TOWN COUNCIL WILL 
          [EXECUTIVE SESSION]
NOW RECESS INTO CLOSED SESSION IN COMPLIANCE WITH SECTION 551001 OF THE TEXAS GOVERNMENT 
          [02:00:02]
CODE IS AUTHORIZED BY THE TEXAS OPEN MEETINGS ACT TO DELIBERATE REGARDING SECTION 505 187 TO DISCUSS AND CONSIDER ECONOMIC DEVELOPMENT INCENTIVES. ALL MATTERS INCIDENT RELATED THERE TOO, SECTION 551.072 TO DISCUSS AND CONSIDER THE PURCHASE EXCHANGE LEASE OR VALUE OF REAL PROPERTY FOR MUNICIPAL PURPOSES AND ALL MATTERS INCIDENT RELATED THERE TO SECTION 551074 TO DISCUSS AND CONSIDER PERSONNEL MATTERS AND ALL MATTERS INCIDENT RELATED THERE, TOO. SECTION 551.071 TO CONSULT WITH THE TOWN ATTORNEY REGARDING LEGAL ISSUES ASSOCIATED WITH ARTICLE 1.09 AND ARTICLE 8.03 OF THE TOWN'S CODE OF ORDINANCES AND CHAPTER 214 OF THE TEXAS LOCAL GOVERNMENT CODE AND ALL MATTERS INCIDENT RELATED THERE TO TIME NOW IS 815, AND WE ARE IN EXECUTIVE SESSION. THANK YOU. FOUR. TIME NOW IS 938 AND WE ARE OUT OF EXECUTIVE SESSION. AH, 
          [Reconvene in Regular Session and take any action necessary as a result of the Closed  Session.]
DEPUTY MAYOR PRO TEM RE. ARE THERE ANY ACTIONS TO TAKE? YES, SIR. I MOVE TO AUTHORIZE THE TOWN MANAGER TO EXECUTE ALL DOCUMENTATION RELATED TO THE SALE OF AN APPROXIMATE 0.165 ACRE TRACT OF TOWN PROPERTY. YOU'RE LOCATED AT THE SOUTHWEST CORNER OF FISH TRAP ROAD IN RED FOX DRIVE TO THE TEXAS DEPARTMENT OF TRANSPORTATION. WE HAVE A MOTION. SECOND BY JEFF HODGES. HE GOT IT FIRST ALL IN FAVOR. MOTION PASSES UNANIMOUSLY 50. I WILL NOTE ON THAT. AND THEN I NEED A MOTION TO ADJOURN. MAKE A MOTION TO ADJOURN. MARCUS RAY CHARLOTTE. OH, JEFF HODGES. 
          ALL IN FAVOR. MOTION PASSES SIX TO NOTHING. THANK YOU VERY
* This transcript was compiled from uncorrected Closed Captioning.