18. Consider and act upon whether to direct staff to submit a written notice of appeals on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on Preliminary Site Plans and Site Plans. (DH)

[18. Consider and act upon whether to direct staff to submit a written notice of appeals on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on Preliminary Site Plans and Site Plans. (DH)]

AT THIS TIME WE'LL GO TO ITEM 18. AND DID YOU WANT TO HAVE ANYTHING SPECIFIC HERE, COUNCILWOMAN BARKER? YES. OKAY. SO LET'S SEE. IT'S THE I BELIEVE THE SECOND PROPERTY IN THIS IN THIS PACKET AT RICHLAND AND KUWAIT. AND I JUST HAVE A FEW QUESTIONS HERE IS THE APPLICANT HERE. MOST OF THE QUESTIONS ARE DIRECTED TOWARDS THE APPLICANT. I AM NOT SURE IF THE APPLICANT IS HERE. WE WERE IN TOUCH WITH THEM YESTERDAY. THEY ACTUALLY ALL THEIR ENGINEERS, EVERYBODY ARE ALL OUT OF OKLAHOMA. OH OKAY. AND I DON'T THINK THEY MADE IT. OKAY. SO MY QUESTION FOR STAFF IS THIS IS PRESENTED HERE AS A MULTI-TENANT BUILDING WITH MEDICAL AND RETAIL. AND I KNOW ON THE SOUTH SIDE OF THE BUILDING, THE PLAN SAYS NO SCREENING WALL WILL BE INSTALLED PER CONVERSATION WITH THE TOWN REAR UTILITIES WILL BE PAINTED TO MATCH THE FACADE. MY QUESTION IS, IS THIS IF THIS IS THERE A OPPORTUNITY FOR THE APPLICANT TO MAKE IT A SINGLE TENANT BUILDING? AND IF SO, IF THEY HAVE MORE INTENSE DELIVERIES FOR A BUILDING THAT'S 11,000FT■!S, WOULD A SCREENING WALL BE REQUIRED? BECAUSE IT'S A DAYCARE FACILITY TO THE SOUTH AND WOULD LANDSCAPE SCREENING BE REQUIRED? BECAUSE MY UNDERSTANDING IS IF YOU HAVE LARGE DELIVERIES, IT HAS TO BE SCREENED. YES. WHEREAS IF THIS IS TRULY A MULTI-TENANT BUILDING, THAT'S UPS DELIVERIES.

SO THOSE DON'T NEED A SCREENING. THAT'S THAT'S MY MAIN QUESTION. AND WITHOUT THE APPLICANT HERE, IT'S HARD TO KNOW IF IT'S ACTUALLY MULTI-TENANT OR NOT. IT IS. AND IT'S HARD FOR ME TO GIVE YOU A DEFINITIVE ANSWER WITHOUT KNOWING WHO THOSE TENANTS MIGHT BE. I CAN TELL YOU IF THE SITUATION WARRANTS AND IT PASSES THE THRESHOLD OF WHAT THE REQUIREMENTS ARE, THAT YOU WERE JUST MENTIONING, YOU KNOW, IF THEY'RE GOING TO BE DELIVERIES, THEY'RE GOING TO HAVE LOADING DOCKS, THOSE TYPES OF THINGS, THEN THE ANSWER WOULD BE YES. IT WOULD CHANGE THE SITUATION. BUT IT DOES DEPEND UPON WHO THOSE TENANTS ACTUALLY ARE. AND OBVIOUSLY WHAT TYPES OF DELIVERIES THEY WOULD HAVE. SO I'M SORRY, I MIGHT HAVE BEEN ABLE TO ASK THAT QUESTION. I DIDN'T KNOW ABOUT THE TENANT QUESTION, AND WE DIDN'T WE DIDN'T COVER THAT. WOULD WE BE ABLE TO WHAT'S THE POINT OF THIS BEING PART OF THE EXHIBIT AND WHAT IS THERE DEPENDING ON WHAT COMES FORWARD AFTER THIS IS APPROVED, THAT WOULD STILL THOSE REQUIREMENTS WOULD STILL BE UPHELD. LIKE WE'RE NOT OVERRIDING THAT BY APPROVING THIS. YES, THAT IS CORRECT. YOU WOULD NOT BE OVERRIDING IT BY APPROVING WHAT IS BEING APPROVED HERE, BECAUSE YOU'RE NOT REALLY APPROVING THE TENANTS. AND SO IF THE TENANTS CHANGE AND THAT TRIGGERS THE NEED FOR THE OTHER ITEMS, AS FAR AS THE DEVELOPMENT REGULATIONS ARE CONCERNED, IT MIGHT CHANGE, YOU KNOW, WHETHER OR NOT THERE IS A LOADING BAY OR SOMETHING LIKE THAT WHICH WOULDN'T HAVE ANYTHING TO DO AS FAR AS THE SITE PLAN APPROVAL IS CONCERNED, BUT IT WOULD HAVE A REQUIREMENT AS FAR AS THE SCREENING IS CONCERNED WITH THIS, BECAUSE TO YOUR POINT, THIS DOESN'T EVEN LOOK LIKE IT COULD ACCOMMODATE THAT. IT'S NOT SET TO DO THAT NOW. AND SO MY CONCERN IS THEY'RE PRESENTING IT HERE AS MULTI-TENANT. AND MY CONCERN IS THAT IT ISN'T MULTI-TENANT. IT'S ONE BIG IT'S ONE LARGE STORE BASED ON THE SIGN THAT WAS ACTUALLY ON THE PHYSICAL PROPERTY ADVERTISING WHAT IT WAS GOING TO BE. THAT'S WHY I'M ASKING. YEAH. AND SO MY CONCERN IS THAT THIS NEEDS TO BE REFINED FOR WHAT THE ACTUAL END USE IS. AND I APPRECIATE WHAT YOU'RE SAYING. AND IF IT WINDS UP BEING A SINGLE TENANT AND IT WINDS UP BEING THE TYPE OF BUSINESS THAT WOULD REQUIRE THE LOADING DOCKS, AND THAT CHANGED AS FAR AS HOW THEY WERE TRYING TO CONFIGURE THEIR BUILDING. WE WOULD MAKE IT GO BACK THROUGH THE SYSTEM AGAIN BECAUSE THAT'S NOT WHAT WAS APPROVED. LOADING DOCKS WITH TRACTOR TRAILER RIGS AND A DRIVE CONFIGURATION THAT WOULD ACCOMMODATE THAT TYPE OF

[00:15:02]

USE. IT WAS FOR, YOU KNOW, MORE OF THE SINGULAR TYPE STRIP CENTER RETAIL TYPE USES THAT YOU SEE. AND SO THERE COULD BE MULTIPLE TENANTS IN THERE. THERE COULD BE A SINGLE TENANT THAT FITS THAT CATEGORY. BUT IF IT CHANGED AND IT NEEDED THOSE OTHER ITEMS, THEN WE WOULD BACK IT UP AND SAY, HEY, YOU'VE CHANGED IT. THAT'S NOT WHAT WAS APPROVED. YOU HAVE TO GO BACK THROUGH THE PROCESS. AND SO P AND Z WOULD SEE IT AGAIN. AND THEN THEORETICALLY THE COUNCIL WOULD IF IT COMES OFF THE AGENDA LIKE THIS TIME DID. DOES THAT MAKE SENSE? YES. AND I HESITATE TO APPROVE IT BECAUSE WE DON'T KNOW. MY INCLINATION IS TO TABLE IT SO THE APPLICANT COULD ANSWER, BUT I'LL OPEN IT UP TO MY COLLEAGUES TO DISCUSS IF THEY. SO YEAH, I'D ACTUALLY LIKE TO QUESTION SO THE SPECIFIC SO THERE'S 48 PARKING SPOTS ON THIS PARTICULAR THING. THE WAY THE PARKING DIAGRAM IS THE REQUIREMENT IS EXACTLY 48 PARKING SPOTS. SO IF SOMEONE CHANGES FROM A MEDICAL TO I CAN'T READ THE BOTTOM OF IT TO A DIFFERENT USE RETAIL. YEAH. SO IF RETAIL DOES THAT AND IF IT WENT TO A RESTAURANT FOR INSTANCE, THAT PARKING CONFIGURATION WOULD CHANGE. AND IT'S ENTIRELY POSSIBLE THAT IF THEY WERE SPLITTING IT UP INTO, LET'S SAY, FOUR INSIDE SECTIONS OR SEPARATE SECTIONS, THEY WOULDN'T BE ABLE TO LEASE ALL FOUR IF THEY WOUND UP PUTTING IN THE RESTAURANTS THAT USED UP TOO MANY OF THE PARKING SPACES, SO THAT YOU DON'T MIND JUST GOING DOWN JUST A LITTLE BIT TO SHOW THAT THERE'S A GRAPH THAT SHOWS THE PARKING. YEAH, RIGHT. BECAUSE MEDICAL AND RETAIL IS. OH YEAH, THERE WE GO. YEAH. SO IF THEY HAVE I ASSUME THE RETAIL IS A HIGHER USE OF THAT. SO IF THEY'RE THEY CUT 100FT OUT OF THE MEDICAL OFFICE AND ADD IT TO THE RETAIL WHEN THEY'RE DOING THEIR DEMISING THAT CHANGES THE PARKING RATIOS. YES SIR. IT WOULD, IT WOULD. AND THEY'D EITHER HAVE TO FIGURE OUT HOW TO RECONFIGURE THAT, OR THEY'D HAVE TO CHANGE THE SIZE OF THE BUILDING TO ACCOMMODATE IT, MEANING SMALLER IF THEY NEEDED MORE PARKING SPACES. YEAH, YEAH. BECAUSE IN THE, IN THE CHART IT SAYS THERE ARE SIX TENANTS, RIGHT? YEAH. YOU'RE RIGHT. SIX ANY. YEAH. ANY ONE OF THOSE CHANGING USES CHANGES THE PARKING IT COULD IT COULD GO DOWN. IT COULD GO UP. AS I SAID RESTAURANTS ARE THE ONES THAT THAT USE UP THE MOST AMOUNT OF PARKING. SO IF THEY PUT A, YOU KNOW, COFFEE SHOP, DONUT SHOP OR SOMETHING ON AN END CAP AND CAME IN THAT WOULD, WOULD HAVE A SIGNIFICANT IMPACT ON ON WHAT HAPPENS AS FAR AS THE PARKING IS CONCERNED. SO FOR ME, JUST TO HAVE KIND OF PEACE OF MIND HERE, WE IF WE APPROVE THIS WITH THE REST OF THE ITEMS IN 18, WE'RE APPROVING THIS WITH SIX TENANTS AS IT'S PRESENTED HERE FOR THE USES THAT ARE PRESENTED HERE.

AND IF THOSE CHANGE, THEY HAVE TO COME BACK AND TELL US THAT POSSIBLY BECAUSE YOU'RE NOT ACTUALLY THE APPROVAL RIGHT NOW, DOESN'T APPROVE WHO THOSE SIX TENANTS ARE. AND IT DOESN'T APPROVE THAT. IT HAS TO BE BECAUSE IT'S THE INSIDE OF THE BUILDING. AND WE TYPICALLY DON'T GET INVOLVED IN THAT UNLESS PERHAPS IN SOME TYPE OF A OF A SPECIFIC PD REQUIREMENT FOR WHATEVER THE USES ARE. BUT THEY COULD EASILY DO FOR YOU KNOW, IF IT TURNED OUT THE LEASING WORKED OUT TO WHERE THEY WERE ONLY GOING TO HAVE FOUR TENANTS INSIDE. AND AS LONG AS THE PARTICULAR TYPE OF USE OF WHAT THOSE FOUR TENANTS ARE DOESN'T DEVIATE FROM THIS PARTICULAR MIX OF RETAIL AND MEDICAL, THE WAY IT WAS LAID OUT, THEN THEY WOULD BE FINE AND IT WOULDN'T COME BACK THROUGH THE SYSTEM. IF IT TURNS OUT THAT IT WINDS UP BEING JUST FOR CONVERSATION SAKE, A SINGLE TENANT, THAT THEN NEEDED THE LOADING DOCK BECAUSE OF WHAT THEY WERE. MAYBE THEY'RE A COMPUTER ASSEMBLY PLACE WHERE THEY, YOU KNOW, PUT CHIPS AND COMPUTERS OR WHATEVER IT IS THAT THEY'RE DOING, AND THEY HAVE TO HAVE DELIVERIES THAT COME FROM THE LARGER TRUCKS. THAT WOULD HAVE TO COME BACK TO THE SYSTEM, BECAUSE THIS DOESN'T INCLUDE LOADING DOCKS. IT DOESN'T INCLUDE THE TRAFFIC FLOW FOR A TRACTOR TRAILER RIG TO COME IN. IT'S GEARED TOWARDS REGULAR VEHICLES, QUOTE UNQUOTE. SO, SO TO THAT, EVEN SO, THE BACK OF THIS BUILDING IS THERE'S NO SCREENING, BUT THEN IT HAS PARALLEL PARKING ON THE BACK. SO HOW WOULD PEOPLE DO DELIVERIES THERE IN THE FIRST PLACE? WELL THEY CAN'T THAT'S THAT'S KIND OF WHAT I'M GETTING AT. BUT EVEN A RETAIL STORE NEEDS SOME DELIVERIES. USUALLY. YES. OR THEY'RE GENERALLY DEPENDENT ON WHAT THE RETAIL STORY IS. A LOT OF THEM WILL JUST TAKE THEIR DELIVERIES THROUGH THE FRONT, AND THEY'LL GET THEM THROUGH UPS AND OTHER TYPES OF SIMILAR THINGS WHERE THEY DON'T HAVE THE

[00:20:03]

TRACTOR TRAILER RIGS. AND THESE YOU CAN SEE FROM FROM THIS, I THINK THEY DO HAVE REAR DOORS WHERE THEY CAN COME IN. AND THAT PARKING THAT'S PARALLEL PARKING IN THE BACK IS PRIMARILY GOING TO BE USED, WE WOULD ASSUME, FOR EMPLOYEES, OWNERS, EMPLOYEES THAT ARE THERE AND THE DELIVERIES WOULD PROBABLY WIND UP PARKING THERE IN THAT DRIVE AREA THAT GOES ALONG. IF THEY WERE TAKING DELIVERIES FROM THE BACK. BUT NONE OF THAT WOULD ALLOW FOR THE TRACTOR TRAILER RIG OR THE LARGER TRUCKS THAT WE'RE TALKING ABOUT, IF THAT CHANGED, THAT WOULD CHANGE THE BACK END OF THE STORE. IT WOULD HAVE A DIFFERENT TYPE. THAT'S JUST A REGULAR FIRE DOOR ON THE BACK, PROBABLY, YOU KNOW, STANDARD THREE FOOT WIDTH. AND THAT WOULD HAVE TO CHANGE TO ACCOMMODATE A TRACTOR TRAILER RIG OR A LARGE DELIVERY TRUCK. AND ONCE THAT CHANGED, THAT WOULD CHANGE THE INSIDE. AND THERE AGAIN, THAT WOULD CAUSE IT TO HAVE TO COME BACK THROUGH THE SYSTEM TO ACCOMMODATE THAT. THE OTHER QUESTION I HAVE FOR THE APPLICANT, UNFORTUNATELY THEY'RE NOT HERE, BUT WAS JUST THE, YOU KNOW, UNDERSTANDING AND YOU CAN'T ANSWER THIS QUESTION, BUT I'LL GIVE MY NORMAL SPEECH, LIKE I ALWAYS DO, ABOUT LANDSCAPE MAINTENANCE. I'VE REVIEWED THE LANDSCAPE PLAN. I JUST WANT TO MAKE SURE THE APPLICANT UNDERSTANDS OUR MAINTENANCE AND THAT, YOU KNOW, THE SOD SHOULD BE SOD AT TWO YEARS FROM NOW AND NOT WEEDS. AND SO THAT WAS THAT WAS THE OTHER QUESTION. I HAD FOR THE APPLICANT. SO I APPRECIATE THAT WE HAVE EXPRESSED THAT A LOT MORE. AND I WANT TO SAY IT WAS NEVER DONE BEFORE, BUT WE OBVIOUSLY WITH THE INTEREST CLEARLY THAT COUNCIL HAS WE HAVE EXPRESSED THAT A LOT MORE AS PEOPLE ARE GOING THROUGH THE PROCESS. NOT TO SAY THAT YOU SHOULDN'T DO THIS THE WAY YOU'RE DOING IT, BUT BUT JUST WANT COUNCIL TO KNOW WE MAKE SURE THEY KNOW. WELL WE DON'T YOU KNOW ESPECIALLY IN THESE OLDER PD'S. YOU KNOW I KNOW IN SOME OF THE NEWER ONES WE'VE HAD A PROVISION IN THE PD WHERE THE POA HAS TO BE APPROVED BY THE DIRECTOR OF DEVELOPMENT SERVICES. THESE OLD PD'S DON'T HAVE THAT PROVISION. SO THAT'S WHY I LIKE TO ASK THEM, WHAT IS YOUR MAINTENANCE PLAN? YOU KNOW, DO YOU UNDERSTAND THE REQUIREMENTS. BECAUSE IF THEY HAVEN'T COME THROUGH RECENTLY, THEY MAY NOT UNDERSTAND THAT. THAT'S OUR EXPECTATION. AND I LIKE THEM TO BE ON THE RECORD SAYING THEY UNDERSTAND. SO SURE THAT'S UNDERSTANDABLE. THAT'S THAT'S THAT'S THE REASON FOR IT. BUT I APPRECIATE IT. THANK YOU SO MUCH FOR SENDING ME THAT TOO, BY THE WAY. SURE. DOES ANYBODY ELSE HAVE COMMENTARY ON THIS ONE? ANYTHING ELSE? NO. DO YOU HAVE A MOTION? I'LL MAKE A MOTION TO APPROVE. ITEM NUMBER 18. I'LL SECOND. OKAY. WE HAVE A MOTION FROM BARTLETT AND A SECOND FROM CAMERON REES. ALL IN FAVOR? MOTION PASSES UNANIMOUSLY. THANK YOU. DAVID. SURE. OKAY. SO. OKA, OKAY. WITH THAT, WE'LL MOVE TO OUR CITIZENS. COMMENTS. THE PUBLIC IS INVITED TO ADDRESS THE COUNCIL ON ANY TOPIC. HOWEVER, THE COUNCIL IS UNABLE TO DISCUSS OR TAKE ACTION ON ANY TOPIC NOT LISTED ON 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 APPOINTED TO SPEAK ON THEIR BEHALF. ALL INDIVIDUALS YIELDING THEIR TIME MUST BE PRESENT AT THE MEETING, AND THE APPOINTED INDIVIDUAL WILL BE LIMITED TO 15 MINUTES. IS THERE ANYONE THAT WOULD LIKE TO ADDRESS THE COUNCIL TONIGHT? AND

[19. Consider an appeal to the requirements of the Town of Prosper Fence Regulations permitting alternate fence materials at 980 English Ivy. (CE)]

WE HAVE NONE IN ADVANCE AT THAT TIME. WE'LL MOVE TO OUR REGULAR AGENDA PURSUANT TO SECTION 551.007 OF THE TEXAS GOVERNMENT CODE, INDIVIDUALS WISHING TO ADDRESS THE COUNCIL FOR ITEMS LISTED AS PUBLIC HEARINGS WILL BE RECOGNIZED WHEN THE PUBLIC HEARING IS OPENED. OUR NEXT AGENDA ITEM IS AGENDA ITEM NUMBER 19. TO CONSIDER AN APPEAL TO THE REQUIREMENTS OF THE TOWN OF PROSPER FENCE REGULATIONS PERMITTING ALTERNATIVE FENCE MATERIALS AT 980 ENGLISH DRIVE.

CHUCK EWINGS, PLEASE. THANK YOU. MAYOR. MEMBERS OF COUNCIL, THIS IS A REQUEST TO A PERMIT SCREENING ON AN ORNAMENTAL FENCE AT THE LOCATION STATED MISS TANYA EAST SUBMITTED THIS. YOU DO HAVE A COPY OF THAT APPEAL. A WRITTEN APPEAL IN YOUR PACKET. SO AS I STATED, THERE IS A MESH AND SCREEN AND OTHER SCREENING OVER THE EXISTING ORNAMENTAL FENCE ON THIS PROPERTY, GENERALLY LOCATED AT 380 IN GLENBROOK DRIVE ON THE WESTERN SIDE OF TOWN. OUR CURRENT FENCE REGULATIONS PROHIBIT PLACEMENT OF MATERIAL OVER OPEN FENCING THAT DOES NOT MAINTAIN OVER 50% THROUGH VISION. ADDITIONALLY, THE SUBDIVISION ORDINANCE, WHICH EARLY, EARLY ON WAS UTILIZED AND

[00:25:01]

WE DID COMBINE THIS LAST YEAR AND THE COUNCIL DID IN THE FENCE REGULATIONS, ALSO PROHIBITS ANY MATERIAL TO BE PLACED ON A PARALLEL TO ORNAMENTAL FENCING AS WELL. SO IT MUST BE REMAIN OPEN AT ALL TIMES. FENCE REGULATIONS DO PERMIT AN APPEAL TO THE TOWN MANAGER AND THEN THE TOWN COUNCIL DENIED, SO THIS WAS DENIED TO ALLOW ALTERNATE MATERIALS BY THE TOWN MANAGER.

LOOKING AT THE TIMELINE. SO THE NOTICE WAS ORIGINALLY SENT APPROXIMATELY IN MARCH OF LAST YEAR. THE APPEAL WAS SUBMITTED IN APRIL. IT DID TAKE SOME TIME TO REVIEW THIS, YOU KNOW, THAT WE WERE SENDING MULTIPLE NOTICES OUT. AND ALSO AT THAT TIME WE DID ASK THE COUNCIL TO REVIEW THE FENCE REGULATIONS WITH REGARD TO SCREENING AND MATERIALS. AND SO THAT DID DELAY A RESPONSE, AS WE WANTED TO WAIT UNTIL, YOU KNOW, TO SEE WHAT IF THERE WERE ANY SIGNIFICANT CHANGES TO THE FENCE REGULATIONS, WHICH EFFECTIVELY COUNCIL COMBINED SOME OF THESE MATERIALS AND COMBINED SOME OF THESE REQUIREMENTS. WE DID HAVE TWO AREAS OF THE ORDINANCE WITHIN THE FENCE REGULATIONS AND THE SUBDIVISION ORDINANCE THAT STATED THE REQUIREMENT THAT THAT ORNAMENTAL FENCING REMAIN OPEN, SO IT DID NOT CHANGE THE UPDATES DID NOT CHANGE THAT REQUIREMENT.

STILL DOES EXIST WITHIN THE SUBDIVISION ORDINANCE. THE TOWN MANAGER DID DENY THE APPEAL AND THAT WAS SENT TO THE TO MISS EAST IN ON DECEMBER 4TH. THERE WERE SOME TOOK SOME TIME TO GET THAT SUBMITTED. SHE DID SUBMIT IN MARCH. WE DID NOT RECEIVE THAT. SO AND UNFORTUNATELY WE DIDN'T I DIDN'T RECEIVE THAT APPEAL. SO I DON'T DOUBT THAT IT WAS SUBMITTED. AND THEN WHEN WE SENT NOTICE AGAIN, THEN MISS EAST DID SUBMIT HER APPEAL. AND SO IT IS BEFORE YOU. NOW, THIS IS THE LOCATION GENERALLY, AGAIN, AS I STATED AT 1385, IN BLOOMBERG DRIVE, IT'S DIFFICULT TO SEE BEHIND THE TREES, BUT YOU CAN SEE THE BLACK MESH ON THE THIS IS LOOKING FROM 1385. AND THEN ALSO THERE'S A BAMBOO TYPE MATERIAL ON THE ON THE SOUTH SIDE LOOKING FROM GLENBROOK DRIVE. DURING THAT PROCESS, WE ALSO NOTIFIED THE HOA TO REPLACE THEIR PLANT MATERIAL BECAUSE IT WAS DEAD. THEY DID REPLACE IT. THERE'S NO REQUIREMENT THAT THAT BE PLACED IN A MANNER THAT PROVIDES THAT SCREENING FOR THE PROPERTY, BUT IT DOES NEED TO BE MAINTAINED AND RELEASED. THEY HAVE NOT MAINTAINED THAT AS WELL. SO WE HAVE SENT NOTICE AGAIN TO REPLACE THE DEAD PLANT MATERIAL ALONG HERE. SO THAT WAS SENT IN SEPTEMBER. AND THEN IF THAT'S NOT THAT COMPLIANCE IS NOT ATTAINED ON THAT SCREENING AREA, THEN WE'LL SEND FINAL NOTICE THIS MONTH. SO I WILL BE HAPPY TO ANSWER ANY QUESTIONS YOU SEE HERE AS WELL TO ANSWER HIS QUESTIONS AS WELL. COUNCIL MEMBER KERN I JUST SO WE WENT THROUGH THE CLARIFICATION ON ALL THOSE COMPONENTS AND IT HAS HAVE WE GRANTED ANY EXCEPTIONS OR APPEALS IN THIS REGARD IN THE PAST? NO, WE'VE NOT GRANTED ANY APPEALS THAT I'M AWARE OF. OKAY. ALL RIGHT. THANK YOU. I HAVE ONE QUESTION. IT'S REALLY MORE ABOUT THE HOA PROPERTY. DO WE UNDERSTAND WHY THE BUSHES ARE NOT BEING MADE? IS THERE AN IRRIGATION ISSUE? BASICALLY, WE DON'T KNOW WHAT THE ISSUE IS, WHETHER IF IT'S IRRIGATION OR NOT. THEY DID PUT IN NEW MATERIAL LAST YEAR AND IT DID SURVIVE. SO THEY MAY NOT BE MAINTAINING THE LANDSCAPE. WE DID, YOU KNOW. SO WE DID SEND NOTICE AND THEY ARE REQUIRED TO FIND SOME WAY TO, TO WATER IT. BUT WE CAN WE CAN ASK THAT QUESTION TO SEE IF THERE'S AN ISSUE WITH THE IRRIGATION. CLEARLY THERE'S A PROBLEM. SO. RIGHT. THAT'S WHY BECAUSE IT'S GOING TO BE HARD TO KEEP. ASK THEM TO REPLACE. AND THEN SOMETHING'S NOT GOING TO GROW BECAUSE THEY'RE JUST GOING TO KEEP PLANTING SMALL BUSHES. SO MY ASK IS LET'S DIG A LITTLE BIT WITH THE HOA AND SEE IF THEY CAN DO SOMETHING ABOUT THERE. IF THAT'S THE PROBLEM. YEAH, I KNOW THERE WAS A CHANGE IN, IN THE, THE LEADERSHIP OF THE HOE AS WELL. SO WE'RE WORKING WITH A NEW GROUP AS WELL. OKAY GREAT. WE'LL WORK WITH THEM. APPRECIAT. SO I WENT OUT THERE TODAY AND TOOK A LOOK AT IT. SO AND IT'S NOT JUST THIS PARTICULAR AREA. IT'S BOTH SIDES OF THE ENTRANCE AS WELL AS THE ENTIRE HALF A MILE OF THE FENCING DOWN THERE. THAT IS. YES, SIR. WE SENT NOTICE FOR ALL LANDSCAPING TO BE ADDRESSED. SO, OKAY, NOT JUST THIS LOCATION. AND I KNOW THERE'S IMPROVEMENTS ON 1385 THAT ARE PLANNED. ARE THERE ANY SIGNIFICANT IMPROVEMENTS THAT WOULD CHANGE THE SCENARIO? THER? THERE IS A SOUND WALL THAT IS PLANNED TO BE CONSTRUCTED ALONG THE REAR OF THIS PROPERTY AND TO THE NORTH THAT WOULD OCCUR IN, WELL, IT'S CONSTRUCTION IS SLATED TO BEGIN IN 26 UNLESS THERE'S A DELAY. SO OKAY. OTHER QUESTIONS FOR STAFF. WOULD THAT SOUND WALL WHEN IT'S INSTALLED? WOULD THAT WIPE OUT ANY ADDITIONAL LANDSCAPING OR IT

[00:30:06]

WOULD. I BELIEVE IT IS SHOWN TO BE TOWARDS THE REAR OF THAT PROPERTY. SO IT MAY HAVE TO REMOVE ALL THAT LANDSCAPING. I'M NOT SURE. INTERESTING. OKAY. ANY OTHER QUESTIONS FOR STAFF OKAY.

AT THIS TIME I BELIEVE THE APPLICANT HAS A PRESENTATION. MISS EAST, WOULD YOU LIKE TO COME FORWARD? THANK YOU. GOOD EVENING. HI THERE. WE'RE GOING TO GO AHEAD AND WE'LL HAVE SET A TEN MINUTE TIME LIMIT FOR THIS PARTICULAR SESSION NOW. THANK YOU. OKAY. THANK YOU FOR BEING HERE THIS EVENING. I THINK IT'S IMPORTANT. SO THIS IS THE NOISE YOU HEAR INSIDE MY HOUSE AT 830 WITH THE SCREENING MATERIAL THERE. I JUST WANT YOU GUYS TO HEAR IT'S NOT LIKE THIS ISN'T A RURAL WAY. I DON'T BACK UP TO A PUBLIC PARK OR AN OPEN AREA. AS YOU SAID, THE HOA HAS NOT MAINTAINED THE LANDSCAPING. I'VE ACTUALLY HAD ALL THIS STUFF UP SINCE I MOVED IN IN APRIL OF 2015, WHEN THE DROUGHT WIPED OUT THE LANDSCAPING. THAT IS WHEN IT BECAME VISIBLE. TO YOU ALL.

NEVER KNEW THAT MY REQUEST HAD BEEN APPEALED OR DENIED. I THOUGHT IT WHEN I SUBMITTED IT, IT HAD BEEN APPROVED AND THEN I GOT NOTIFIED THAT THE RULES HAD YET AGAIN CHANGED. MY SON IS AUTISTIC AND WHEN WE DID TEMPORARILY TAKE DOWN THE SOUND BARRIER, IT IT ACTS AS MULTIPLE THINGS. ONE TO KEEP TRASH OUT OF MY YARD BECAUSE 1385 IS GOING TO BE PRESTON ROAD. IT'S NOT A SMALL ROAD. THERE IS HEAVY TRAFFIC ALL DAY LONG. CONSTRUCTION VEHICLES, NORMAL TRAFFIC. THERE'S LIKE NINE DEVELOPMENTS NOW NORTH OF ME. PLEASE STOP. HE IS AUTISTIC. HE IS. HE'S. I'M SORRY. HE IS VERY NOISY. AND THOSE TWO WEEKS THAT WE HAD THE SOUND BARRIER DOWN, HE DIDN'T SLEEP. I DIDN'T SLEEP. IT DOESN'T SEEM LIKE MUCH, BUT IT PROTECTS MY HOME. IT GIVES HIM PRIVACY WHERE HE CAN PLAY IN HIS BACK YARD. I UNDERSTAND THE COUNCIL'S DESIRE TO KEEP THE AREA BEAUTIFUL. I UNDERSTAND THE DESIRE AROUND PUBLIC PARKS. THIS IS A MAJOR ROAD. I YOU ASKED WHY THE HOA? SOME OF THE DEAD PLANTS. SOME OF IT IS THEY'RE WAITING ON TIKTOK TO ADVISE HOW MUCH SPACE WE'RE GOING TO HAVE BETWEEN THE FENCES AND THE SOUND BARRIER WALL, WHAT WE HAVE TO DO. WHY SPEND THOUSANDS OF DOLLARS BEFORE WE KNOW WHAT'S GOING TO HAPPEN? I KNOW THAT'S PART OF IT. THERE WAS AN IRRIGATION ISSUE THAT'S NOW BEEN FIXED. I'M NOT SPEAKING FOR THE BOARD. I JUST KNOW AS A RESIDENT I HAVE INQUIRED ABOUT IT. I HAVE LIVED HERE FOR ALMOST TEN YEARS.

I'VE ALWAYS HAD IT UP TO KEEP THE DOGS IN THE TRASH OUT AND TO PROVIDE PRIVACY TO MY CHILDREN.

WHEN I MOVED HERE, I DIDN'T HAVE AN AUTISTIC SON, DIDN'T PLAN ON HAVING A FOUR YEAR OLD. AT THIS POINT IN MY LIFE, BUT IT PROVIDES HIM PRIVACY BECAUSE AS A. AUTISTIC CHILD, HE'S VERY SENSORY SEEKING. HE IS KNOWN TO HE CAN TOSS HIS CLOTHES FASTER THAN ANYBODY AND HE GETS A LOT OF TRAFFIC PASSING BY MY HOUSE ON A DAILY BASIS, AND IT PROVIDES SOME PRIVACY. IF HE DOFFS FASTER THAN I CAN GET TO HIM, BECAUSE NOBODY NEEDS TO SEE MY FOUR YEAR OLD RUNNING AROUND NAKED IN THE BACKYARD. I AND I UNDERSTAND YOUR CONCERN. PLEASE, I DO, THAT'S WHY LIKE BEHIND MY HOUSE IS SUPPOSED TO BE ALL THE EVERGREENS AND EVERYTHING. YOU REALLY COULDN'T SEE THE BLACK SCREENING. I TRIED TO GO WITH SOMETHING LIKE THE BAMBOO WHERE YOU CAN STILL KIND OF SEE THROUGH IT, BUT IT STILL GIVES ME A SENSE OF PRIVACY IN MY BACKYARD, AND IT GIVES PRIVACY TO MY SON. I'M WILLING TO WORK WITH YOU GUYS, BUT PLEASE WORK WITH ME. SLEEP IS IMPORTANT.

TAKING CARE OF MY SON IS IMPORTANT. I'M JUST ASKING. I TOTALLY IF I BACKED UP TO A LAKE TOTALLY 110%. I'M BACKING UP TO A MAJOR ROAD AT THIS POINT. THAT'S GOING TO BE SIX LANES BEHIND MY HOUSE, AND I WILL SUPPOSEDLY HAVE AN EIGHT FOOT SOUND BARRIER WALL BEHIND THE HOUSE, WHICH WILL HELP SOME BECAUSE COSTCO IS, AS YOU GUYS KNOW, IS GOING IN FRONT OF US, AND THEY'VE ALREADY BUILT THAT WALL AND THEIR NOISE REDUCTION COMING THROUGH 8380 HAS GREATLY DECREASED, WHICH HAS BEEN. HAS BEEN EXTREMELY HELPFUL. BUT THAT'S TWO YEARS DOWN THE ROAD.

I'M ASKING FOR A TEMPORARY SOLUTION UNTIL THE LONG TERM SOLUTION CAN BE PUT IN PLACE.

THAT'S ALL I'M ASKING. SO THANK YOU FOR YOUR TIME. THANK YOU. THANK YOU VERY MUCH. THE COUNCIL

[00:35:02]

WILL TAKE THIS UNDER ADVISEMENT AND WE'LL GET BACK WITH YOU. THANK YOU. THANK YOU. THEO.

PIECES. YOU'RE WELCOME. NO. GOOD NIGHT. THANK YOU VERY MUCH. AGAIN. WITH THAT, WE'LL MOVE TO

[20. Consider and act upon authorizing the Town Manager to enter into a second contract amendment with Republic Services to convert to once-a-week residential bulk pick up and to approve a revised fee schedule effective February 1, 2025, adjusting commercial and residential prices for the twelve-month CPI change. (CL)]

AGENDA ITEM NUMBER 20 TO CONSIDER AND ACT UPON AUTHORIZING THE TOWN MANAGER TO ENTER INTO A SECOND CONTRACT AMENDMENT WITH REPUBLIC SERVICES TO CONVERT TO ONCE A WEEK RESIDENTIAL BULK PICKUP AND TO APPROVE A REVISED FEE SCHEDULE EFFECTIVE FEBRUARY 1ST, 2025.

ADJUSTING COMMERCIAL AND RESIDENTIAL PRICES FOR THE 12 MONTH CPI CHANGE. CHRIS LANDRUM THANK YOU, MAYOR AND PROSPER TOWN COUNCIL. AS THE MAYOR MENTIONED IN FRONT OF YOU TODAY IS CONSIDERATION FOR A CONTRACT AMENDMENT FOR THE CITY'S SOLID WASTE CONTRACT. THIS WOULD INCLUDE INCREASING THE FREQUENCY OF BULK PICKUP, WHICH IS CURRENTLY MONTHLY, TO A WEEKLY PICKUP. THERE ARE SOME MINOR MINOR CONTRACT ADJUSTMENTS AND A CHANGE TO THE ANNUAL PRICE ADJUSTMENT. SO JUST A LITTLE HISTORY. LAST YEAR, THE TOWN WENT THROUGH A COMPETITIVE BIDDING PROCESS AND AWARDED THE EXCLUSIVE FRANCHISE SOLID WASTE CONTRACT TO REPUBLIC SERVICES.

THAT CONTRACT STARTED FEBRUARY 1ST, 2024, AND A PROVISION OF THAT CONTRACT. THERE IS AN ANNUAL RATE ADJUSTMENT. THAT ANNUAL RATE ADJUSTMENT IS TIED TO THE 12 MONTH CHANGE IN CPI.

ALL URBAN CUSTOMERS FOR GARBAGE AND TRASH COLLECTION. AND WHEN WE LOOK AT THAT ADJUSTMENT, THE INDEX IS INCREASED BY 3.8%. AND THIS WOULD APPLY TO ALL RESIDENTIAL AND COMMERCIAL SERVICES IN THIS CATEGORY, FOCUSING JUST ON RESIDENTIAL. SO CURRENTLY THE RATE THAT RESIDENTS PAY IS 1855. INCLUDED IN THAT 1855 IS $2 CART REPAYMENT FEE. THE TOWN PURCHASED ALL THE ALL OF THE CARTS, AND THE TOWN OWNS ALL THE CARTS. WE DID BORROW ON TO PURCHASE THOSE CARTS. AND SO THIS $2 GOES TO PAY THE DEBT SERVICE ON THAT BORROWING. AND THEN THERE'S AN ADMINISTRATIVE FEE OF $0.80 THAT THE TOWN CHARGES. THOSE TWO CHARGES, THE $2.80 ARE NOT INCLUDED IN ANY OF THE CPI UPDATE THAT WE HAVE IS SOLELY THE CHARGE THAT WE PAY TO REPUBLIC. AND SO WHAT THAT MEANS IS, AS OF FEBRUARY FIRST, JUST BASED SOLELY ON THE CONTRACT, CPI ADJUSTMENT RATES WOULD GO UP TO 19.15 CENTS, $19.15 AS OF FEBRUARY 1ST. AND THAT'S AN INCREASE FROM THE $18.55 THAT IT CURRENTLY IS. SO ONE OF THE OTHER THINGS THAT WE LOOKED AT DOING IN THIS WAS REALLY TO KIND OF ALLEVIATE SOME OF THE CONCERNS OR THE CONFUSION AROUND BULK PICKUP, YOU KNOW, THIS IS SOMETHING THAT WE RECEIVED SEVERAL QUESTIONS ON. NOW, OVERALL, OUR SERVICE DID INCREASE AND COMPLAINTS DID GO DOWN IN CHANGING TO REPUBLIC SERVICES. IT WAS THIS WAS JUST ONE AREA THAT WAS STILL OUT THERE. THAT'S AN OPPORTUNITY FOR IMPROVEMENT FOR US. AND SO WE LOOKED AT THIS AND GOT A QUOTE FROM REPUBLIC ON CHANGING THE MONTHLY BULK PICKUP TO WEEKLY. THERE'S TWO DIFFERENT VERSIONS THAT WE ASKED THEM TO RUN. THERE WAS ONE. IF THEY CONTINUE TO PROVIDE THE SATYR SATURDAY DROP OFF SERVICES THAT THEY CURRENTLY DO, AND THERE'S ONE WITH NO SATURDAY SERVICES, AND I'LL GET INTO THE FEES AT THE ON THE LAST SLIDE. THE DEPUTY TOWN MANAGER PRESENTED THIS TO COUNCIL AT A WORK SESSION ON OCTOBER 22ND, AND COUNCIL DIRECTED STAFF TO BRING BACK THIS ANNUAL CPI ADJUSTMENT TONIGHT. THE COUNCIL CHOSE TO MOVE TO THE WEEKLY BULK WITH NO REDUCTION IN THAT SATURDAY DROP OFF SERVICES AND THEN THERE ARE SOME ADDITIONAL HOUSEKEEPING CHANGES. ONE OF THEM, THE CONTRACT, CURRENTLY STATES THAT THE CPI ADJUSTMENT WOULD BE FEBRUARY TO FEBRUARY. OBVIOUSLY, IT'S HARD TO BRING THAT TO YOU IN NOVEMBER WHEN IT'S FEBRUARY. WE'D HAVE TO GO BACK TO THE PREVIOUS FEBRUARY OR WAIT UNTIL FEBRUARY OF THE NEXT. AND SO IN THE CONTRACT PROPOSAL IS TO CHANGE THAT CPI EFFECTIVE