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[1. CALL TO ORDER ]

[00:00:05]

>> MAYOR: GOOD EVENING EVERYONE, IT IS TUESDAY, MARCH 16 2021 AT 7:30 P.M. IN THE CITY COUNCIL CHAMBERS.

AS AUTHORIZED BY SECTION AS AUTHORIZED BY SECTION 551.071 OF THE TEXAS GOVERNMENT CODE, THIS MEETING MAY BE CONVENED INTO CLOSED EXECUTIVE SESSION FOR THE PURPOSE OF SEEKING CONFIDENTIAL LEGAL ADVICE FROM THE CITY ATTORNEY ON ANY AGENDA ITEM HEREIN.

THE CITY OF ROWLETT RESERVES THE RIGHT TO RECONVENE, RECESS OR REALIGN THE REGULAR SESSION OR CALLED EXECUTIVE SESSION OR ORDER OF BUSINESS AT ANY TIME PRIOR TO ADJOURNMENT. DUE TO THE PUBLIC HEALTH EMERGENCY AND TO CONFORM WITH THE SOCIAL DISTANCING REQUIREMENTS, THE CITY COUNCIL MEETINGS WILL BE HELD VIA TELECONFERENCING. THE PUBLIC CAN VIEW LIVE ON THE CITYB WEBSITE (HTTPS://WWW.CI.ROWL ETT.TX.US/39 7/STREAMING-VIDEO) OR VIA RTN16. TO LISTEN TO THE MEETING LIVE, CALL 1- 833-568-8864 AND ENTER MEETING ID#: 160 303 2149 WE ARE GOING TO START OUR MEETING WITHOUT WITH THE INVOCATION AND TONIGHT COUNCILWOMAN BROWN IT IS GOING TO BEGIN OUR INVOCATION AND THEN WE WILL HAVE OUR PLEDGE RIGHT AFTER

THAT. >> COUNCIL WOMAN BROWN: LET US PRAY. FATHER, WE THANK YOU FOR OUR ABIDING PRESENCE IN OUR CITY. WE ASK THAT YOU LEAD US TONIGHT WITH INTEGRITY AND LOVE AS WE REPRESENT THE CITIZENS OF ROWLETT IN OUR DELIBERATIONS. I ASKED THE YOUR HAND WILL BE EXTENDED TO EACH INDIVIDUAL FAMILY AND EMPLOYEE OF ROWLETT TO FIND JOY, PEACE AND PROSPER TO US.

AS WE HONOR YOU, FATHER, OPEN HEAVEN AND POUR OUT UNPRECEDENTED BLESSINGS TO THE CITY.

I ASKED THIS IN THE NAME OF JESUS AND GIVE YOU ALL THE

GLORY, AMEN. >> MAYOR: AMEN.

THANK YOU VERY MUCH AND NOW, JOIN ME IN THE PLEDGE.

THE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

AND NOW FOR THE TEXAS PLEDGE. HONOR THE TEXAS FLAG.

I PLEDGE ALLEGIANCE TO THE TEXAS WON STATE UNDER GOD AND INDIVISIBLE. THANK YOU VERY MUCH.

YOU MAY BE SEATED. OUR FIRST ITEM ON OUR AGENDA IS

[5A. Update from the City Council and Management: Financial Position, Major Projects, Operational Issues, Upcoming Dates of Interest and Items of Community Interest.]

5A UPDATE FROM THE CITY COUNCIL AND MANAGEMENT: FINANCIAL POSITION, MAJOR PROJECTS, OPERATIONAL ISSUES, UPCOMING DATES OF INTEREST AND ITEMS OF COMMUNITY INTEREST. AND I KNOW COUNCILMAN CHERYL HAS UPDATES.

>> COUNCIL MEMBER SHERRILL: AS EVERYONE KNOW SPRING IS AROUND THE CORNER AND IT IS TIME FOR THE PRESCRIPTIONS TAKE BACK.

THIS WILL BE HELD AT THE RCC AND IT IS GOING TO BE A DRIVE-BY. WE WILL BE OUT T FRONT AT THE RCC AND I KNOW THAT YOU CAN DRIVE BY AND DROP OFF ANY UNUSED OR UNNEEDED SUBSCRIPTIONS.

WE CANNOT TAKE NEEDLES BUT PLEASE COME BY AND START GETTING THAT STUFF READY. ACTUALLY, IT IS UNUSUAL.

A LADY PUT SOMETHING ON FACEBOOK YESTERDAY AND ASKED IF THERE WAS ANYWHERE SHE COULD GET RID OF MEDICATION SO I RESPONDED AND SHE IS GETTING READY.

AS A REMINDER, APRIL 24 OUR PRESCRIPTION TAKEBACK.

>> MAYOR: THANK YOU, MARTHA? >> SPEAKER: YES, MAYOR, THE CITY OF ROWLETT WILL DOING THEIR CITYWIDE CLEANUP AND YOU CAN REGISTER AT KEEP ROWLETT BEAUTIFUL.

AND MAY 8 WE WILL HAVE OUR DOCUMENT AND SHREDDING EVENTS A DRIVE-THROUGH EVENT AT ROWLETT HIGH SCHOOL.

AND SO, COME JOIN US FOR THE CLEANUP.

THAT'S ALWAYS A LOT OF FUN TO GIVE OUR CITY A NICE SPRING CLEAN. AS YOU SPRING CLEAN IN YOUR HOME YOU CAN BRING YOUR RECYCLABLES TO THE MAY 8 EVENT.

>> MAYOR: YOU VERY MUCH. ANY OTHER ANNOUNCEMENTS BY ANYONE? ALL RIGHT WE WILL MOVE TO THE NEXT AGENDA ITEM, ITEM NUMBER 6 WHICH IS CITIZENSB TO PROVIDE COMMENT FOR THE MEETING, PLEASE SEND AN EMAIL TO CITIZENINPUT@ROWLETT.COM BY 3:30 P.M. THE DAY OF THE MEETING. PLEASE STATE WHETHER YOUR COMMENT IS REGARDING A SPECIFIC AGENDA ITEM OR A GENERAL COMMENT TO THE COUNCIL.

YOUR COMMENT WILL BE READ INTO THE RECORD DURING THE MEETING (MUST BE WITHIN THE 3-MINUTE TIME LIMIT). THERE WILL BE NO COMMENTS TAKEN DURING THE MEETING. DUE TO COVERED RESTRICTIONS.

[00:05:04]

WE DID NOT HAVE ANY ITEMS OF CITIZEN INPUT FOR TODAY'S MEETING. AND THEN WE WILL MOVE TO THE

[7. CONSENT AGENDA ]

CONSENT AGENDA A NUMBER OF ITEMS THAT WE WILL CONSIDER TOGETHER. COUNCILMAN BROWN DID ASK ONE ITEM TO BE REMOVED FOR INDIVIDUAL CONSIDERATION AND THAT WAS ITEM 7J3 OVEN THAT CAN YOU READ THE ITEMS INTO RECORD,

LAURA? >> SPEAKER: 7A. CONSIDER APPROVING THE MINUTES. 7B. CONSIDER A RESOLUTION EXECUTING A TASK AUTHORIZATION FOR ENGINEERING DESIGN WORK.

7C. CONSIDER A RESOLUTION APPROVING A BID FOR ALLEY RECONSTRUCTION. 7D. CONSIDER A RESOLUTION AUTHORIZING THE PURCHASE OF FUEL.

7E. CONSIDER A RESOLUTION APPROVING THE PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT FOR FIRE STATION #2. 7F. CONSIDER A RESOLUTION APPROVING A LEASE AGREEMENT WITH THE ROWLETT CHAMBER OF COMMERCE. 7G. CONSIDER A RESOLUTION AUTHORIZING THE PURCHASE OF FIVE POLICE DEPARTMENT WORKSTATIONS AND ASSOCIATED EQUIPMENT.

7H. CONSIDER A RESOLUTION APPROVING SCREENING WALL REPAIR CONTRACT. 7I. CONSIDER AN ORDINANCE AUTHORIZING THE CREATION OF A BUILDING AND STANDARD COMMISSION. 7J. CONSIDER ORDINANCES ADOPTING VARIOUS BUILDING REGULATIONS.

THIS INCLUDES NATIONAL ELECTRIC CODE, PROPERTY MAINTENANCE CODE AND THE SWIMMING POOL, SPA AND HOT TUB CODE.

7K. CONSIDER AND TAKE ACTION TO ADOPT A RESOLUTION APPROVING A PAYMENT IN LIEU OF TAXES (PILOT) AGREEMENT.> MAYOR: DO I HAVE A MOTION FROM COUNCIL MEMBER

SHERRILL? >> COUNCIL MEMBER SHERRILL: WE MOVED TO APPROVE THE CONSENT AGENDA.

>> COUNCIL MEMBER: I WILL SECOND THAT.

>> MAYOR: ALL THOSE IN FAVOR PLEASE RAISE YOUR HAND.

THAT IS UNANIMOUS 6 ã0. THANK YOU VERY MUCH.

WE WILL MOVE TO OUR INDIVIDUAL CONSIDERATION ITEMS. WHICH ORDER DO YOU WANT TO DO THESE IN? WE WILL START WITH ITEM 7J3, CONSIDER AND TAKE ACTION ON AN

[7J.III. Consider and take action on an ordinance establishing Lawn Irrigation Regulations. ]

ORDINANCE ESTABLISHING LAWN IRRIGATION REGULATIONS.

WHAT THAT BE DALE? >> SPEAKER: YES COUNSEL, THANK

YOU. >> MAYOR: GOOD EVENING.

>> SPEAKER: GOOD EVENING MAYOR AND COUNCIL.

THIS PARTICULAR ITEM IS A STATE LAW THAT REQUIRES CITIES THAT EXCEED 20,000 IN POPULATION TO ADOPT CERTAIN REGULATIONS AND ENFORCES REGULATIONS. THE PURPOSE OF THIS WAS MAINLY TO PROVIDE MINIMUM STANDARDS TO CONSERVE WATER.

THIS IS ENSURING THAT WATER IS NOT ONLY APPLIED TO SOIL AND NOT TO CONCRETE OR OTHER SERVICES TO CAUSE THE WATER TO BE WASTED, IT IS ALSO TO VERIFY THAT THE IRRIGATION PIPE IS JOINED TOGETHER TO REDUCE WATER LEAKS.THERE WAS SOME PROJECTS WHERE THE PIPING WAS NOT PROPERLY JOINED.

IT WAS GLUED NOT PRIMARY. THOSE JOINTS DID POP LOOSE UNDERGROUND AND IT CAUSED WATER WASTE.

AND, THAT WAS THE PRIMARY INTENTION OF THIS PARTICULAR LAW. AND, ONE OF THE ITEMS THAT IS ALSO A REQUIREMENT IS CONTAINED IN THE LAW BUT IT STATES THAT, I WILL NEED THAT STIGLER SECTION.

IT STATES A LICENSED ERA GATOR OR IRRIGATION TECHNICIAN SHALL BE ON-SITE AT ALL TIMES WHILE THE LANDSCAPE IRRIGATION SYSTEM IS BEING INSTALLED.HEN AN ERA GATOR IS NOT ON-SITE THE IRRIGATORS SHALL BE RESPONSIBLE FOR ENSURING THE LICENSED IRRIGATION TECHNICIAN IS ON SITE TO SUPERVISE THE INSTALLATION OF THE IRRIGATION SYSTEM.

THIS PARTICULAR LAW HAS EXEMPTIONS.

ONE OF THAT EXEMPTIONS TO THE STATE LAW IS A PROPERTY OWNER IS NOT REQUIRED TO BE LICENSED IN ACCORDANCE TO TEXAS OCCUPATION CODE IF THEY ARE PERFORMING IRRIGATION WORK IN A BUILDING OR ON A PREMISE THAT IS OWNED OR OCCUPIED BY THE PERSON AS A PERSON'S HOME. IF SOMEONE IS HOMESTEADING OR OWNS A PROPERTY OR LIVES THERE AND THEY ARE NOT REQUIRED TO COMPLY WITH THAT PARTICULAR REQUIREMENT.

[00:10:05]

THE INTENTION HERE IS THAT WHEN AN IRRIGATION COMPANY SINCE A CREW OUT TO DO AN INSTALLATION OF AN IRRIGATION SYSTEM THAT THEY DO SEND A QUALIFIED LICENSED PERSONNEL OUT THAT IS QUALIFIED TO DO THE WORK. IF YOU HAVE ANY QUESTIONS REGARDING THIS PARTICULAR ORDINANCE I AM HAPPY TO ANSWER

THEM. >> MAYOR: THANK YOU VERY MUCH DID THAT COVER WHAT YOU WANTED TO COVER COUNCIL WOMAN BROWN?

>> COUNCIL WOMAN BROWN: YES IT DID.

I WANTED THE PUBLIC TO UNDERSTAND THAT THEY ARE ABLE TO DO WORK ON THEIR OWN IRRIGATION SYSTEM AS LONG AS IT

IS IN COMPLIANCE WITH THE CODE. >> MAYOR: OKAY.

WITH NO OTHER QUESTIONS OR COMMENTS I WILL TAKE A MOTION ON THIS ITEM. COUNCIL MEMBER SHERRILL?

>> COUNCIL MEMBER SHERRILL: I MOVED ITEM 7J3.

>> MAYOR: COUNCIL MEMBER LANING?

>> COUNCIL MEMBER LANING: I WILL SECOND THAT.

>> MAYOR: ALL THOSE IN FAVOR RAISE YOUR HAND AND THAT ITEM PASSES 7 ã0. WE WILL MOVE TO ITEM IF YOU WOULD LIKE TO MAKE

[8A. Conduct a public hearing and take action to adopt an ordinance regarding a request by Arlyn Samuelson, Westwood Professional Services, on behalf of property owner Lidl US Operations LLC., to rezone the subject property from Regional Retail (C-2) District with a Special Use Permit for Medical Office, Retail, and Professional Office Uses to General Commercial/Retail (C-2) District. The approximately 1.05-acre tract is located on a portion of Lot 2, Block A Amesbury Addition and Lot 2R, Block A Amesbury Addition Phase II, approximately 300 feet northeast of the intersection of Richmond Drive and Lakeview Parkway, in the City of Rowlett, Dallas County, Texas. ]

A PUBLIC COMMENT, YOU CAN CALL THE NUMBER.

THIS WILL BE A REQUEST BY ARLYN SAMUELSON, WESTWOOD PROFESSIONAL SERVICES, ON BEHALF OF PROPERTY OWNER LIDL U.S. OPERATIONS LLC., TO REZONE THE SUBJECT PROPERTY FROM REGIONAL RETAIL (C-2) DISTRICT WITH A SPECIAL USE PERMIT FOR MEDICAL OFFICE, RETAIL, AND PROFESSIONAL OFFICE USES TO GENERAL COMMERCIAL/RETAIL (C-2) DISTRICT. THE APPROXIMATELY 1.05-ACRE TRACT IS LOCATED ON A PORTION OF LOT 2, BLOCK A AMESBURY ADDITION AND LOT 2R, BLOCK A AMESBURY ADDITION PHASE II, APPROXIMATELY 300 FEET NORTHEAST OF THE INTERSECTION OF RICHMOND DRIVE AND LAKEVIEW PARKWAY, IN THE CITY OF ROWLETT, DALLAS COUNTY, TEXAS. GOOD EVENING MISS MOLLY AD.

>> SPEAKER: THANK YOU VERY MUCH COUNSEL.

COUNSEL, THE SUBJECT PROPERTY IS ZONED C2 REGIONAL C2.

THE SEP HAS NOT BEEN REALIZED TO DATE WHICH ONE IT WAS APPROVED FOR MEDICAL OFFICES AND RETAIL OFFICES.INCE THEN THE OWNERSHIP HAS CHANGED AND THE SUP AS IT IS TIED TO THE SITE IS AN APPROVED SITE PLAN IS NOT BEING REALIZED.

THE INTENT IS TO CONSOLIDATE ZONING ON THIS POTENTIAL SITE AND TO REPEAL THE SUP AS PART OF THE ORDINANCE ADOPTION AS IT CAN BE PART OF THE CURRENT ORDINANCES WHICH IS THE C2 ZONING DISTRICTS. AS I MENTIONED EARLIER IN 2006 THE SUP WAS APPROVED TO ALLOW THE SPECIFIC USES, MEDICAL OFFICE AND PROFESSIONAL OFFICE USES.

IT WAS BASED ON A REGIONAL C2 DISTRICT.

THOSE THAT FOLLOWING A FEW MONTHS AFTER THE ADOPTION OF THE SUP THE ZONING WAS AMENDED IN THE ZONING CATEGORY WAS CHANGED TO COMMERCIAL RETAIL WHICH IS THE C2.

THE REVISION OF THE SUP ALSO STANDS TO INDIVIDUAL PROPERTIES. THE INTENT IS TO REALLY CLEAN UP THE SITE FROM A BOUNDARY AND ZONING PERSPECTIVE TO ENABLE FUTURE DEVELOPMENT. THE GRAPHIC HERE IS SHOWING YOU IN THE VIEWING I'D REALLY AUDIENCE, OF COURSE, THE SUP BOUNDARY. IT DOES FRONT LEVIEW PARKWAY AN DEVELOPMENTS TO THE NORTH. NEXT SLIDE PLEASE LAURA.

AND THEN, THIS WOULD BE AT THE TIME OF SITE DEVELOPMENT PLAN AND REVIEW THAT A TIA WOULD BE REQUIRED TO SEE IF ANY OTHER ACCESSIBILITY ELEMENTS WOULD NEED TO BE ADDED TO THIS SITE.

AGAIN THAT WOULD RESULT FROM AN ANALYSIS OF A TIA AND BECAUSE THIS IS THE TEXAS DOT APPROVAL WE WOULD NEED THAT IN THE PLAN.

NEXT SLIDE PLEASE, LAURA. I WANTED TO PROVIDE SOME SEMBLANCE OF WHAT THIS SUP LOOKS LIKE AS A CONCEPT PLAN APPROVAL WITH THE SUP AND AS YOU CAN SEE THE AREA THAT IS BOLDED IN BLUE OR IN A BLUE AREA IS THE SITE OF THE SUP AND

[00:15:02]

YOU CAN SEE THE RED AREA THAT IT REFLECTS A PORTION OF IT EKING INTO THE SUP. THE DEVELOPMENT HAS NOT BEEN REALIZED FOR THIS SUP AND THE PLANNING AND ZONING COMMISSION APPROVED A RE-PLAT FOR THIS PROPERTY IN 2016 WHICH FURTHER SUBDIVIDED THE SEP AND CONCEPT PLAN FOR THE PROPERTIES THAT YOU CAN SEE RIGHT THERE. FROM A SURROUNDING LAND USE WHICH IS PART OF THE LAND USE ANALYSIS THAT WE USED TO CONDUCT THE APPROPRIATENESS OF THE REQUEST, THE FRONTAGE ALONG LAKE VIEW PARK IS ZONED IN A COMMERCIAL DESIGNATION AND OF COURSE THERE IS THAT NEW DEVELOPMENT TO THE NORTH END OF THIS SITE. A COMPREHENSIVE LAND DOES DESIGNATE THIS SUBJECT PROPERTY AS A FUTURE LAND USE PLAN FOR RETAIL AND OFFICE USE AND THERE IS NO CONFLICT ASSOCIATED WITH THE PLAN. THE INTENT PROPOSED ZONING IS IN COMPLIANCE WITH THE PLOT PLAN.

NEXT SLIDE PLEASE. PER THE DEVELOPMENT CODE PUBLIC NOTIFICATION WAS SENT WITHIN THE REQUIRED 200 FOOT RADIUS OF THE SITE AS WELL AS A 500 FOOT COURTESY NOTICE THAT WE SEND OUT TO OUR ADJACENT COPY OWNERS.

WE DID RECEIVE ONE LETTER IN OPPOSITION FROM A RESIDENTIAL DEVELOPER. A HOME YOU SEE HIGHLIGHTED IN RED IN OPPOSITION OF THE REQUEST CITING THAT THEY DIDN'T WANT ANY NON- RESIDENTIAL DEVELOPMENT ADJACENT TO THEIR PROPERTY. THE PLANNING AND ZONING COMMISSION, NEXT SLIDE PLEASE LAURA.

THE PLANNING AND ZONING COMMISSION MET ON THE 23RD AND REQUESTED APPROVAL ANONYMOUSLY TO REZONE THE PROPERTY.

NEXT SLIDE PLEASE PAIR THE STAFF IS RECOMMENDING THE CHANGE IN ZONING AS IT WILL ALLOW FOR A COHESIVELY DESIGNED SITE IN TERMS OF DEVELOPMENT IT IS ALSO CONSISTENT WITH OUR FUTURE AND LAND USE PLAN. WITH THAT I WILL TRY TO ANSWER

ANY QUESTIONS YOU MAY HAVE. >> MAYOR: ANY QUESTIONS BEFORE I OPEN THE PUBLIC HEARING? I FEEL LIKE WHEN YOU CROSS THE STREET YOU LOOK LEFT AND YOU LOOK RIGHT YOU LOOK AT ZOOM.

THE PUBLIC HEARING AND ANYONE THAT WOULD LIKE TO COMMENT ON THIS ITEM CAN DO SO AT THIS TIME DID MISS LAURA DO WE HAVE

ANY? >> SPEAKER: MAYOR, WE DO NOT HAVE ANY COLORS ON THE LINE AND WE DID NOT RECEIVE ANY INPUT

VIA EMAIL. >> MAYOR: THANK YOU VERY MUCH I WILL CLOSE THE PUBLIC HEARING AT THIS TIME AND ENTERTAIN A MOTION. COUNCIL MEMBER SHERRILL?

>> COUNCIL MEMBER SHERRILL: I MOVED TO APPROVE THIS ITEM.

>> MAYOR: WE HAVE A MOTION BY COUNCIL MEMBER SHERRILL.

I HAVE A SECOND I COUNCIL WOMAN BELL AND NOW I AM TRYING TO LISTEN FOR CLICKS.

SORRY. ANY DISCUSSION? I SEE NONE. I CALLED ABOUT.

ALL THOSE IN FAVOR PLEASE RAISE YOUR HAND.

[2. EXECUTIVE SESSION]

THAT ITEM PASSES 6 ã0. SORRY, I AM GETTING SLAPHAPPY THAT CONCLUDES THE REGULA

* This transcript was compiled from uncorrected Closed Captioning.