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

>> . >> MAYOR MARGOLIS: THANK YOU FOR THAT PRESENTATION. OUR NEXT ITEM IS 5 E UP DATE FROM CITY COUNCIL AND MANAGEMENT, FINANCIAL POSITION, MAJOR

[00:25:12]

PROJECTS, OPERATIONAL ISSUES, UP COMING DATES OF INTEREST AND

ITEMS OF COMMUNITY INTEREST. >> THROUGH OCTOBER THE 27TH.

COME ON DOWN NEXT THURSDAY FOR A TASTE OF FALL WHILE YOU SHOP ALL THE FOOD TRUCKS AND THE BOOTHS AND CRAFT VENDORS. LUNCH ON THE LAWN THE FALL EDITION IS BACK DOWNTOWN ON MONDAYS. ENJOY A VARIETY OF FOOD TRUCKSES, LIVE MUSIC AND GAMES FROM 11:00 A.M.

TO TWO P.M. SATURDAY OCTOBER 29TH IS PRESCRIPTION TAKE BACK DAY. BRING YOUR EXPIRED PRESCRIPTIONS TO THE ROWLETT COMMUNITY CENTER BETWEEN 10 AND 2. BE SURE TO COME BACK LATER THAT EVENING FROM 5 TO 8 FOR TRUNK-OR-TREAT. THERE'LL BE A DIFFERENT CATEGORY OPPORTUNITIES TO WIN A PRIZE.

WE WILL HAVE FOOD TRUCKS FOR YOUR FAMILY TO ENJOY A GHOSTLY DINNER AND A HALLOWEEN TRUCKS WILL SURROUND THE RCC PARKING LOT COME READY TO TRICK OR TREAT. AND I'M NOT GOING TO ANNOUNCE TEXAS ARBOR DAY AGAIN. BECAUSE BRIAN AND REBECCA DID A GREAT JOB OF THAT. THE OPERATING HOURS AT THE CITY OF ROWLETT HOURS AND SOME FACILITIES HAVE EXTENDED. THE LONGER HOURS WILL ENHANCE IN-PERSON SERVICE OPPORTUNITIES FOR RESIDENTS WHO MAY EXPERIENCE CHALLENGES WITH THE TRADITION 5:00 P.M. CLOSING TIME. CITY OF ROWLETT IS WANTING TO HEAR FROM YOU. THERE ARE THREE SURVEYS CURRENTLY RUNNING TO GAIN YOUR INSIGHT AND FEEDBACK AS WE MOVE FORWARD. THE CIP TASK FORCE WANTS TO KNOW HOW YOU WOULD PRIORITIZE CITY FACILITIES. THE PLANNING DIVISION WOULD LIKE TO GET YOUR IMPRESSIONS OF DEVELOPMENT ROWLETT WITH THE LAUNCH OF RECODE ROWLETT SURVEY.

THE CITY'S TALKING TRASH, WE WANT TO HEAR WHAT YOU CONSIDER IMPORTANT AS WE PROACTIVELY BEGIN THE PROCESS FOR YOUR NEXT SOLID WASTE CONTRACT. SERVICES AND PRICING WILL CHANGE TO WE WANT YOUR OPINION ON WHAT MATTERS MOST TO YOU. IN ADDITION TO THE ONLINE SURVEY THERE ARE TWO MORE PUBLIC SESSIONS TOMORROW AND THURSDAY EVENINGS AT 7:00 P.M. AT THE ROWLETT COMMUNITY CENTER FOR MORE INFORMATION ON THESE AND ALL OTHER CITY RELATED INFORMATION PLEASE VISIT ROWLETT.COM OR CALL THE ACTION CENTER AT 972-412-6100. ALSO, TONIGHT'S FEATURED ANIMAL OF THE COUNCIL MEETING. I KNOW THIS IS WHAT EVERYBODY COMES TO THE MEETING FOR, THE FAVORITE PART OF EVERY COUNCIL MEETING. SO, TONIGHT LET'S MEET ROSY, OUR DOG OF THE DAY. JUST LOOK AT THAT FACE, HOW ADORABLE IS THAT? SHE'S FOUR YEARS-OLD AND WEIGHS 60 POUND AND SHE'S ALREADY SPAYED AND HEARTWORM NEGATIVE. WAITING FOR SOMEBODY TO TAKE HER HOME AND MAKE THEY ARE PART OF THEIR FAMILY. ROSY IS PARTICULAR ABOUT HER DOGGY FRIENDS AND DOESN'T CARE FOR CATS SO SHE MAY DO BEST AS AN ONLY CHILD. SWEET ROSY IS A BEAUTIFUL BRINDLE GIRL WITH AN AMAZING SMILE WE DON'T KNOW A LOT ABOUT HER PAST SHE WAS FOUND HERE IN ROWLETT. SHE LOVES VOLUNTEERS AND LOVES GOING ON CAR RIDES SHE'S BEEN TO PLACES LIKE HHOME DEPOT. HOPEFULLY, OE DAY SOON, SHE'LL FIND HER FOREVER FAMILY. ALL OF THE ADOPTIONS INCLUDE SPAY, NEUTER, MICRO CHIP AND UP-TO-DATE VACCINATIONS CONTACT THE ANIMAL SHELTER TO MEET ROSY AND HOPEFULLY MAKE HADAR PART OF YOUR FUR-EVER FAMILY. I HAVE ONE LAST ANNOUNCEMENT. WALK THE BRIDGE IS A MONTHLY EVENT THAT OCCURS ON THE 22ND OF EVERY MONTH. THIS MONTH IS SPECIAL AND MARKS THE FOURTH ANNIVERSARY OF BEGINNING THE WALK THE BRIDGE AT HERO'S BRIDGE WE'LL BE DOING IT AT 6:00 P.M. ON THE 22ND PLEASE COME OUT AND JOIN IN THE REMEMBRANCE OF THE ROWLETT POLICE SERGEANT WHO PASSED AWAY AFTER 20 YEARS OF THE DEPARTMENT. IN 2021 SUICIDE WAS THE CAUSE OF DEATH IN LAW ENFORCEMENT A FIRE DEPARTMENT IS THREE TIMES MORE LIKELY TO LOSE A FIRE-FIGHTER TO SUICIDE THAN

[00:30:03]

TO LINE OF DUTY DEATH. ALL OF OUR FIRST RESPONDERS AND VETERANS ARE AT RISK, PLEASE SHOW THEM THAT YOU CARE. SEE

YOU AT THE BRIDGE. >> MAYOR MARGOLIS: ANY OTHER ANNOUNCEMENTS? COUNCILMEMBER BELL?

>> WE HAVE, AND THIS IS FOR THE SENIORS. A GRAND FUNDING COUNSELLING PROGRAM AND FOR ROWLETT SENIORS. IT'S NOT FOR ANY OTHER CITY, BECAUSE I HAD SOMEBODY ASK ME, IT'S FOR ROWLETT CITIZENS AND IT'S A GRANT FROM THE CITY OF ROWLETT.

IF YOU HAVE A LOVED ONE DEALING WITH PROGRESSION OF LIFE, FINANCIAL ISSUES, LOSS OF LOVED ONES, AND WE ALSO HAVE PEOPLE THAT ARE CITIZENS THAT ARE STILL IN THE HOUSE FROM COVID, THAT'S WHAT WE'RE TARGETING. AND, LIKE, AGAIN, I SAID, THIS IS A TELEPHONE NUMBER THAT YOU NEED TO CALL. DON'T CALL THE CITY, I'M SURE THEY HAVE THE NUMBER, BUT, YOU NEED TO CALL THIS NUMBER BECAUSE IT'S THE COUNSELLING INSTITUTE OF TEXAS THAT'S WHOSE DOING THIS. 972-271-4300 AGAIN, 972-271-4300 AND ONE THING THAT I DIDN'T MENTION IS THAT IT ALSO HELPS EVERYONE IN THE FAMILY TO DEAL WITH THIS PROBLEM. THANK YOU.

>> MAYOR MARGOLIS: MAYOR PRO TEM WINGET?

>> IN THE MONTH OF THE NOVEMBER, THE 1ST THROUGH THE 18TH. THE ROWLETT COUNCIL WILL BE COLLECTING FOOD FOR A FOOD DRIVE. SO, PLEASE DO BRING CANNED FOOD JUST TO HELP BENEFIT THOSE LESS FORTUNATE BEFORE THE HOLIDAY PERIOD. THANK YOU.

>> MAYOR MARGOLIS: THANK YOU, COUNCIL, ANY OTHER ANNOUNCEMENTS? ALL RIGHT. THEN, WE WILL MOVE ONTO OUR CITIZEN'S INPUT, ITEM 6. LAURA, DID WE GET ANY CARDS? I DON'T THINK WE RECEIVED ANY ONLINE INPUT EITHER. ALL RIGHT. SO, STANDBY... COUNCIL DID NOT RECEIVE ANY PUBLIC INPUT FORMS FOR THIS MEETING BUT WE DID RECEIVE EMAILS IN OPPOSITION TO

[7. CONSENT AGENDA]

ITEM 8 D AND THAT ITEM WAS PULLED OFF TONIGHT'S MEETING AND WILL BE IN FUTURE MEETING. THE NEXT ITEM IS THE CONSENT AGENDA AND THESE WILL BE ACTED UPON IN ONE MOTION. LAURA, PLEASE READ THE ITEMS INTO THE RECORD. 7A, CONSIDER APPROVING THE MINUTES.

7B, CONSIDER ACTION APPROVING A TREE REMOVAL PERMIT APPLICATION.

7C, CONSIDER ACTION APPROVING AN ENTER LOCAL COOPERATION AGREEMENT WITH THE CITY OF THE COLONY.

>> 7 D CONSIDER ACTION APPROVE SHALL THE ACCEPTANCE OF A GRANT AWARD. 7 DOWNTOWN E CONSIDER ACTION APPROVING THE ACCEPTANCE OF A GRANT AWARD. THAT'S NOT A D DUPLICATE IT'S A DIFFERENT ITEM. 7 G CONSIDER ACTION APPROVING A CHANGE ORDER FOR SOLID WASTE SERVICES.

>> AND 7 H, CONSIDER ACTION RATIFYING A CHANGE ORDER FOR

POLICE EQUIPMENT. >> MAYOR MARGOLIS: MAYOR PRO

TEM WIN? >> I'LL MAKE A MOTION TO APPROVE THE ITEMS READ INTO THE RECORD EXCLUDING 7F.

>> MAYOR MARGOLIS: DO WE HAVE A SECOND?

>> I'LL SECOND THAT. >> MAYOR MARGOLIS: ALL RIGHT WE HAVE A MOTION BY MAYOR PRO TEM WINGET AND A SECOND BY

[7F. Consider action amending Chapter 54 of the Code of Ordinances. Consider and take action approving an ordinance amending Chapter 54 (Streets, Sidewalks and Other Public Ways) of the Code of Ordinances by amending sections 54-111, 54-112 and 54- 116 to amend definitions, provisions relating to container boxes and add provisions relating to the solicitation and distribution of materials on public streets and remaining in center medians.]

COUNCILMEMBER GALUARDI. CALL THE VOTE. THAT ITEM REMEMBER IS

APPROVED UNANIMOUSLY. >> CONSIDER AND TAKE ACTION TO APPROVE ANALITITIVE LANDSCAPING PLAN ABIDES SECTION 77-054 OF THE ROWLETT DEVELOPMENT CODE TO MODIFY THE IT

>> MAYOR, COUNCIL, DAN MILLER ASSISTANT CHIEF OF POLICE HERE TO DISCUSS THAT BIG MOUTHFUL OF ORDINANCE THAT THE MAYOR JUST SAID. I HAVE A BRIEF PRESENTATION HERE IF HE COULD

GET THAT UP. >> SO, A LITTLE BIT OF HISTORY, WE DID A 24 HOUR TRAFFIC. KEEP IN MIND THAT 2021 WAS DURING THE

[00:35:08]

PANDEMIC PERIOD SO THIS WAS PROBABLY SIGNIFICANTLY DOWN FROM PREVIOUS YEARS AND DOWN EVEN MORE FROM THE CURRENT YEAR. SO, LAKEVIEW PARKWAY 42,000 MOTORISTSES PASSED OVER IT.

DALROCK ROAD, 22,000. A LOT OF FOLKS DRIVING THROUGH ROWLETT ESPECIALLY DURING THE COMMUTE TIME. SO, HOW DO WE MANAGE THAT? THERE ARE A NUMBER OF WAYS TO MAINTAIN TRAFFIC FLOW THROUGH THE CITY, ONE OF THEM IS THE TRAFFIC SIGNALS AND THE OTHER IS THE PROMPT AND CLEARING OF DISABLED MOTOR VEHICLES AND AN ISSUE THAT'S BECOME MORE OF A PROBLEM IN THE LAST FEW YEARS IS SOLICIT SITTING FROM THE ROADWAY AND IN MEDIANS. SO, WE LOOKED AT CRASH DATA FROM JANUARY OF 2 2020 TO APRIL OF 2022. AND DURING THAT PERIOD THERE WERE 33 CRASHES THAT RESULTED IN A VEHICLE COLLIDING WITH A MEDIAN THAT DOESN'T INCLUDE PGBT, THAT CREATES A SIGNIFICANT HAZARD TO PEDESTRIANS OCCUPYING THE MEDIANS. SO, WE PROPOSED REVISION TOSS CHAPTER 54 OF THE CODE OF ORDINANCES, THAT INCLUDED THE DEFINITION OF A CONTAINER BOX TO DEFINE A CENTER MEDIAN OR MEDIAN AND DEFINE THE WORD SOLICIT. AND THESE WERE THE PROPOSED REVISIONS. FIRST ONE STARTS WITH OCCUPANCY OF ROADWAYS AND MEDIANS, NO PERSON WHO IS WITHIN A PUBLIC ROADWAY MAY SOLICIT OR SELL OR DISTRIBUTE ANY MATERIAL TO THE OCCUPANT OF ANY MOTOR VEHICLE STOPPED IN A PUBLIC ROADWAY. IT IS SPECIFICALLY PROVIDED, HOWEVER, THAT A PERSON OTHER THAN A PERSON 12 YEARS OF AGE OR YOUNGER MAY SOLICIT OR SELL OR SOLICIT MATERIAL AND NOT IN OR ON THE ROADWAY ITSELF INCLUDING THE MEDIANS AND ISLANDS. NO PERSON SHALL REMAIN ON OR OCCUPY THE CENTER MEDIAN OF A PUBLIC STREET OTHER THAN FOR THE PURPOSES OF CROSSING THE STREET WHILE IN THE CROSS WALK. WE WANTED TO ADD SECTION 5-SECTION 9 WHICH PROVIDE A SAVINGS CLAUSE, A SEVER ABILITY INCLUDES CAUSE AND PROVIDE AN EFFECTIVE DATE. WE RECOMMENDED DURING THE WORK SESSION THAT THE CITY COUNCIL APPROVE THE LANGUAGE AS SUGGESTED BY THIS STAFF, AND IF YOU HAVE ANY QUESTIONS I'M HAPPY TO ANSWER THEM.

>> MAYOR MARGOLIS: NO QUESIONS, I THINK THIS WAS PULLED FOR INFORMATION PURPOSES FOR THE PUBLIC. ALL RIGHT.

THEN, I'LL ENTERTAIN A MOTION. WE HAVE A COUNCILMEMBER BRITTON,

DID YOU HIT THE BUTTON? >> YEAH.

>> MAYOR MARGOLIS: I'M SORRY, WE BOTH HAVE GRAY HAIR.

>> . >> MAYOR MARGOLIS:

COUNCILMEMBER GALUARDI? >> OKAY, NOW I'VE LOST MY TRAIN

OF THOUGHT. >> MAYOR MARGOLIS:

COUNCILMEMBER BRITTON? >> I HAVE A MOTION TO APPROVE THE RECOMMENDATION TO AMEND CHAPTER 54 OF THE CODE OF ORDINANCE AS PRESENTED BY THE ASSISTANCE CHIEF.

>> MAYOR MARGOLIS: DO WE HAVE A SECOND?

>> I'LL SECOND. >> MAYOR MARGOLIS: ALL RIGHT.

WE HAVE A MOTION BY COUNCILMEMBER GALUARDI AND A SECOND BY COUNCILMEMBER BELL. ANY DISCUSSION? SEEING NONE.

[8A. Consider and take action to approve an Alternative Landscaping Plan under Section 77-504.I of the Rowlett Development Code to modify the incompatibility buffer landscaping requirements on property zoned General Commercial/Retail District (C-2). The approximately 4.34-acre site is located west of the intersection of Rowlett Road and Big A Road being Lot 7R, Block A of the Briarwood Armstrong Addition Replat, in the City of Rowlett, Dallas County, Texas.]

CALL THE VOTE. AND THAT ITEM PASSES UNANIMOUSLY. WE NOW MOVE ONTO OUR NEXT INDIVIDUAL CONSIDERATION ITEM. ITEM 8 A CONSIDER AND TAKE ACTION TO APPROVE AN ALTERNATIVE LANDSCAPING PLAN UNDER SECTION 77-054 I OF THE ROWLETT DEVELOPMENT CODE TO MODIFY THE INCOME PATIBILITY BUFFER LANDSCAPING REQUIREMENTS ON PROPERTY ZONED GENERAL COMMERCIAL/RETAIL DISTRICT THE APPROXIMATELY 4.34-ACRE SITE IS LOCATED WEST OF THE ENTER SECTION OF ROWLETT ROAD AND BIG A ROAD BEING LOT 7R, BLOCK A, OF THE BREYERWOOD ARMSTRONG ADDITION REPLAT IN THE CITY OF ROWLETT, DALLAS COUNTY, TEXAS.

>> I'LL KEEP IT BRIEF, WE'RE HERE TO CONSIDER AN ALTERNATIVE LANDSCAPE PLAN TO THIS PROPERTY SHOWN ON THE GRAPHIC TO THE RIGHT AND IT'S MODIFYING THE COMPATIBILITY BUFFER ADJACENT TO THE DISTRICT. FOR THE INNOVATIVE USE OF PLANT MATERIALS AND IMPROVED SITE DESIGN BUT NOT SERVE AS AN

[00:40:03]

EXEMPTION FROM LANDSCAPING REQUIREMENTS. A LITTLE BIT OF BACKGROUND ON THE PROPERTY, THE DEVELOPMENT PLAN WAS APPROVED BY PLANNING AND ZONING BACK IN 2017 AND CONSTRUCTION DID COMMENCE THAT FOLLOWING YEAR. THERE WAS A HIATUS IN 2020 WHERE THE PROPERTY WAS AT A STANDSTILL FOR ABOUT A YEAR. THE PROJECT WAS SUBSEQUENTLY REINITIATED BY THE PROPERTY OWNER. AND A REPLAT WAS INITIATED ON NOVEMBER 23RD THE, 2021 THAT SHOWED A 50-FOOT EASEMENT AND I'LL SHOW YOU WHY THAT'S IMPORTANT. WE'RE HERE PURSUANT TO SECTION 77-054 I 2 B OF THE ROWLETT DEVELOPMENT CODE ARTICULATES THAT THE MODIFICATION MAY FOLLOW OR ALLOW. THE TWO WE'RE LOOKING AT TODAY IS BECAUSE YEAR MODIFYING THE INCOME PATIBILITY BUFFER STANDARDS AS WELL AS TREES AND SHRUBS ASSOCIATED WITH IT. NEXT 77-054, 4 I STIPULATES THE FOLLOWING CRITERIA THAT YOU MAY USE TO APPROVE THIS REQUEST THAT THERE ARE UNIQUE CHARACTERISTICS OF THE PROPERTY SITE DESIGN OR USE THAT WARRANT SPECIAL CONSIDERATION TO MODIFY FOR DEVIATE FROM THE REQUIREMENTS OF THIS SECTION AND THAT THESE CHARACTERISTICS ARE NOT SELF CREATED AND WHILE RECOGNIZING THE UNUSUAL SITE DESIGN FOR USER STRENGTHS IN THE PROPERTY, APPROVAL OF THE ALP WILL PROVIDE FOR BOSC INCREASED CONSISTENCY AND COMPATIBILITY WITH ADJACENT PROJECTS LOCATED IN THE GENERAL FACILITY IN THE PROPERTY AND THE LLP CONFORMS TO THE PROPERTY OF THE SECTION AND NO MODIFICATIONS ARE REQUESTED EXCEPT THOSE PROVIDE IN SUBSECTION 77-504 IB. THE REAL NEED IN THE PROJECT THERE'S A CHANGE BEING PROPOSED BY THE LANDSCAPING APPROVED BY THE DEVELOPMENT PLAN IN 2017. A LARGE ORNAMENTAL TREES SELECTED FROM THE APPROVED PLANT LIST. A RETAINING WALL OF WROUGHT IRON FENCE. THE APPLICANT IS PROPOSING A 50-FOOT INCOME PATIBILITY BUFFER, A SIX-FOOT WROUGHT IRON FENCE, PLANTING HORN HOLLYS 8 FEET APART AND PLANTING LIVE OAKS 35 FEET APART. AND THAT'S ALONG THAT EDGE, AGAIN. AS SHOWN IN THE GRAPHIC. SO, THIS IS THE APPROVED CONDITION FOR THE DEVELOPMENT PLAN, IT'S A SIGNIFICANT FEET, YOU KNOW, HAVING THAT RETAINING WALL HOLDING A BERM THAT WE WOULD NOW CREATE WITH A 3-FOOT WROUGHT IRON FENCE AND ORNAMENTAL TREES.

PUSHING THE GRADIENT TOWARDS THE NORTH SIDE. WHAT APPLICANT IS PROPOSING IS SIGNIFICANTLY DIFFERENT AND IT'S KEEPING THE EXISTING GRADE, UTILIZING THE EXISTING WROUGHT IRON FENCE ALONG THE PROPERTY BOUNDARIES, USING THE TAP SHRUBS, THERE ARE THREE FEET FROM THE WROUGHT IRON FENCE AND PROPOSING THE LIVE OAKS CLOSER TO THAT ACCESS DRIVE. SOME CONSIDERATIONS THAT 15-FOOT LANDSCAPE BUFFER CONTAINS SEVERAL UTILITY CONDITIONS WHICH IS ONE OF THE MAIN REASONS THAT WE'RE HERE CONSIDERING AN ALTERNATIVE WITHIN THAT AREA, AND YOU'LL SEE IT IN YELLOW THERE, THERE'S A 60-INCH REINFORCED CONCRETE PIPE USED FOR STORING. THERE'S A NATURAL GAS LINE SHOWING BLUE IN THE GRAPHIC AND IT'S ALSO ADJACENT TO AN OVERHEAD ELECTRIC UTILITY LINE SHOWN IN RED. THERE'S AN EXISTING 6-FOOT WROUGHT IRON FENCE WHICH IS AN ADVANTAGE IN THE SENSE THAT IT WOULD BE UTILIZED TOWARDS THIS REQUEST. PART OF THE CONSIDERATIONS AS WELL IS THAT THE PLANT SPECIES SELECTED WERE SELECTED BECAUSE THEY TEND TO HAVE SHALLOW AND WIDE ROOT SYSTEMS ALLOWING THEM TO DEVELOP WITHOUT THEM HAVING SIGNIFICANT IMPACT ON INFRASTRUCTURE BELOW. THERE WERE THREE CONDITIONS OF THE PLANNING AND ZONING. THE FIRST BEING THAT IRRIGATION BE EXTENDED THE ENTIRETY OF THE PROPERTY LINE ALONG THE NORTH AND NORTHWEST PROPERTY HINE. SO, EXTENDING ESSENTIALLY FURTHER TO THE WEST. ALONG EXISTING MACE SONRY WALL. THAT

[00:45:03]

SHRUBS BE PROVIDED EVERY 6 FEET AS OPPOSED TO EVERY EIGHT FEET AND THAT THEY BE 6 FEET IN HEIGHT FOR THE ENTIRETY OF THE NORTH AND NORTHWEST PROPERTY LINE. AND THREE THAT THE ORNAMENTAL TREES REPLACE THE CANOPY TREES AND LIVE OAKS PROPOSING AND THESE BE PLACED EVERY 12-FEET. STAFF ACCOMMODATION WAS AND CONTINUES TO BE THAT FOR APPROVAL. WITH A SHRUB SPACING BEING REDUCED FROM 8 TO 6 FEET. AND THAT SHRUBS BE A MINIMUM OF 8 FEET AT THE TIME OF PLANTING AS STIPULATED IN THE ROWLETT DEVELOPMENT CODE, THOUGH WE SUPPORT PLANNING AND ZONING'S RECOMMENDATION AS WELL. EXISTING PLACEMENT OF INFRASTRUCTURE LIMIT THE DEVELOPABILITY OF THE WALL AND REQUIRING DRAINAGE FLOW. THE MODIFIED LIVING INCOME PATIBILITY BUFFER BETWEEN THE COMMERCIAL DEVELOPMENT OF THIS PROPERTY AND THE ABUTTING SINGLE-FAMILY NEIGHBORHOOD. I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE AND THE APPLICANT IS HERE TO ANSWER QUESTIONS THAT YOU MAY HAVE.

>> MAYOR MARGOLIS: COUNCIL, DO YOU HAVE QUESTIONS FOR STAFF?

>> MAYOR PRO TEM WINGET? >> ON THE PRIOR SLIDE YOU JUST SHOWED, THERE WERE TWO RECOMMENDATION FROM THE STAFF, I UNDERSTOOD THE FIRST ONE, ARE WE ASKING THEM TO PLANT AN 8-FOOT

TALL SHRUB? >> YES.

>> THAT IS NORMAL? >> IT'S WHAT THE CODE REQUIRES

FOR THE LIVING SCREEN. >> EIGHT FEET AT THE TIME OF

PLANTS? THANK YOU. >> MAYOR MARGOLIS:

COUNCILMEMBER GALUARDI? >> GOOD PRESENTATION THERE, I NOTE WHEN I SAW THE RECOMMENDATION FROM PLANNING AND ZONING, THEY WERE RECOMMENDING ORNAMENTAL TREES AS OPPOSED TO THE LIVE OAKS. I UNDERSTAND THERE IS A POTENTIAL DOWN THE ROAD FOR THE OVERHEAD POWER LINES TO COME INTO PLAY WITH A LARGE CANOPY TREE, DO YOU HAVE ANY RECOMMENDATIONS AROUND THAT?

>> WELL, I THINK THE ORNAMENTAL TREE SUGGESTION IS A VALID ONE IN THAT SENSE. IT MEETS TWO CRITERIA, ONE THAT THE PLANNING AND ZONING DID BRING UP WHITE HOUSE BECAUSE THOSE TREE ARE PLACED ON THE SOUTH SIDE OF THE SHRUBS, IT ALLOWS FOR MORE SUNLIGHT TO COME TO THE SHRUBS AND THEY WILL STAY ALIVE FOR A LONGER PERIOD OF TIME, WHEREAS THE TREES WOULD TYPICALLY COVER UP THAT SUN FOR THE MAJORITY OF THE YEAR. THE SECOND PART OF THAT IS THAT THE ORNAMENTAL TREES DO TEND TO HAVE SHALLOWER ROOTS. SO, IT IT HAS A LESS ARE IMPACT. THOSE ARE THE TWO POINTS THAT HAVING ORNAMENTALS AS AN ADDITIONAL CONDITION SERVE AND STAFF IS IN AGREEMENT WITH THAT CONDITION.

>> SO, THE ORNAMENTALS WOULD BE IN FRONT OF THE SHRUBS SO THAT THE HOUSES SIX FEET FOR THE SHRUBS AND THE 12 FEET FOR THE

ORNAMENTALS PLAY? >> THEY WOULD BE SEPARATED PSI APART, IN STEAD OF THE LARGER CANOPY TREE, YOU WOULD HAVE SMALL ISSER, MORE, IT WOULDN'T BE A SINGLE-TRUNK TREE, IT WOULD

BE MULTIPLE. >> ARE WE TALKING CAPE MYRTLES

HERE? >> IDEALLY NOT. IF I HAVE A PREFERENCE, BUT, YOU GUYS CAN SUGGEST ANYTHING. AS OF RIGHT NOW, IF THAT CONDITION DOES FALL THROUGH, IT WOULD BE FROM THE

APPROVED PLANT LIST. >> MAYOR MARGOLIS: COUNCIL, ANY

OTHER QUESTIONS? >> YES. YOU MENTIONED THAT THE HOLLY AND THE LIVE OAK HAVE THE SHALLOW ROOT SYSTEMS THAT WON'T INTERFERE WITH THE INFRASTRUCTURE. THE PROTECTED TREES BEING REMOVED, DO THOSE HAVE DEEPER ROOT SYSTEMS? ARE WE REMOVING THEM FOR THAT REASON?

>> WELL, WE'RE NOT REMOVING TREES AS PART OF THIS REQUEST.

UM, THEY'RE PROPOSING ADDITIONAL CANOPY TREES. BUT, THERE CURRENTLY AREN'T ANY TREES IN THAT LOCATION WITH THE EXCEPTION OF THE THREE TREES SHOWN, NOT IN GREEN BUT IN GRAY ALONG THE NORTHWEST PORTION OF THIS SITE AND THOSE ARE SLATED TO REMAIN

ALONG THAT. >> OKAY. THANK YOU.

>> COUNCIL, ANY OTHER QUESTIONS?

>> DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? DOES THE

APPLICANT WANT TO PRESENT? >> HE DOES NOT HAVE A PRESENTATION, BUT HE IS OPEN FOR QUESTIONS.

>> MAYOR MARGOLIS: OKAY. DO WE HAVE QUESTIONS FOR THE APPLICANT? MAYOR PRO TEM WINGET WOULD YOU LIKE TO SPEAK?

[00:50:02]

>> I WOULD LIKE TO SPEAK. >> MAYOR MARGOLIS: YEAH, PLEASE

COME UP TO THE MIC. >> GOOD EVENING, EVERYONE, WALKER ROYAL, AND I WORK FOR BREYERWOOD CAPITAL, THE COMPANY THAT OWNS THIS PROPERTY. WE'VE GOT THROUGH A FEW CHALLENGES ON THIS DEVELOPMENT, I DON'T KNOW IF YOU'RE FAMILIAR WITH IT, BUT, WE HAD OUR TENANT WENT BANKRUPT WITH 24-HOUR FITNESS, SO, WE'RE WORKING TO CORRECT THAT, WE HAVE A NEW TENANT IN AND WE'RE WORKING TO RESOLVE THE LANDSCAPING ISSUES. CARLOS HAS BEEN HELPFUL, THANK YOU, CARLOS IN WORKING THROUGH ALL OF THESE CHALLENGES AND WE'RE REALLY EXCITED TO GET THEM OPEN AND TO FINALIZE THIS PROJECT FOR THE GOOD OF THE COMMUNITY. WE DO HAVE A CHALLENGE WITH THE SOURCING OF 8-FEET TALL SHRUBS, AND WE'RE REQUESTING, IF POSSIBLE, TO ALLOW US TO GO WITH 6-FOOT TALL SHRUBS BECAUSE THEY'RE ABLE TO BE SOURCED IN THE LANDSCAPING BUSINESS RIGHT NOW, WHEREAS, I DON'T KNOW IF IT'S SUPPLY CHAIN OR WHAT THE DEMAND IS, BUT, WE CAN'T FIND 8-FOOT SHRUBS. BUT WE CAN FIND 6-FOOT, AND HOPEFULLY, WITH GOOD TEXAS WEATHER, THEY WILL BE 8 FEET SOON ENOUGH. THAT'S MY ONLY REQUEST AND I'M HERE TO ANSWER ANY QUESTIONS IF I CAN.

>> MAYOR MARGOLIS: COUNCIL, ANY QUESTIONS?

>> ALL RIGHT. THANK YOU, SIR, APPRECIATE IT. OKAY. THEN, I'LL ENTERTAIN A MOTION? COUNCILMEMBER BRITTON?

>> YES, I MOVE THAT WE APPROVE THIS WITH THE STIPULATION THAT WE WOULD ALLOW A 6-FOOT SHRUB VERSUS AN 8-FOOT SHRUB.

(INAUDIBLE). >> MAYOR MARGOLIS: I CAN'T HEAR

YOU. >> YEAH, I INTENDED THAT TO STAY IN AFFECT, I WANTED TO STIPULATE THAT THEY WOULD BE ALLOWED TO DO THE 6'VERSUS THE 8'IN HEIGHT. SORRY.

>> MAYOR MARGOLIS: OKAY, WE HAVE A MOTION, DO WE HAVE A

SECOND? >> ALL RIGHT, WE HAVE A SECOND BY DEPUTY MAYOR PRO TEM SHINDER. MOTION BY COMMISSIONER BRITTON, SECOND BY DEPUTY MAYOR PRO TEM SHINDER. COUNCIL, ANY

DISCUSSION? >> I JUST WANT TO BE CLEAR, WE HAVE CONFLICTING RECOMMENDATIONS BETWEEN STAFF AND PLANNING AND ZONING. PLANNING AND ZONING RECOMMENDED PLANTING LIVE OAK TREES 35 FEET -- THE APPLICANT PROPOSED 35 FEET, THE PLANNING AND ZONING COMMISSION PROVIDE ORNAMENTAL TREES EVERY 5 FEET, IS IS THAT WHAT'S IN THE PROPOSAL?

>> I THINK THERE NEEDS CLARIFICATION THERE. STAFF ORIGINALLY GONE WITH 35 FOOT CANOPY TREES. AND SUBSEQUENTLY TO THE PLANNING AND ZONING COMMISSION, THAT WAS REPLACED THEIR RECOMMENDATION REPLACED THOSE CANOPY TREES WITH ORNAMENTALS 12 FEET. SO, TONIGHT'S RECOMMENDATION NEEDS

TO CLARIFY. >> THE ONLY STIPULATION I WANTED TO MAKE IS TO PROVIDE A 6-FOOT HEIGHT SHRUB VERSUS THE

REQUIRED 8 FEET. >> I'M SORRY, PLANNING AND

ZONING'S RECOMMENDATIONS. >> MAYOR MARGOLIS: DO WE NEED TO RESTATE THE MOTION? OKAY. PLEASE RESTATE THAT MOTION FOR

CLARIFICATION. >> OKAY. HELP ME OUT HERE, MATT. SO, I MOVE THAT WE APPROVE WHAT'S BEFORE US WITH THE STIPULATION BEING THAT WE CONCUR WITH PLANNING AND ZONING'S RECOMMENDATIONS AND WE ASK FOR THE 8-FOOT SHRUBS TO BE STRUCK AND SUBSTITUTED WITH 6-FOOT HEIGHT SHRUBS.

>> MAYOR MARGOLIS: DEPUTY MAYOR PRO TEM SHINDER, IS THAT YOUR UNDERSTANDING? OKAY. WE HAVE A MOTION AND A SECOND. ANY OTHER DISCUSSION? MAYOR PRO TEM WINGET?

>> ONLY A QUESTION FOR THE APPLICANT WHICH IS, THE PLANNING AND ZONING RECOMMENDATION ALSO INCLUDED A STIPULATION FOR AN IRRIGATION LINE AND I WAS CURIOUS IF THAT WAS ANY SORT OF HARDSHIP ON YOU OR IS THAT JUST PART OF THE PLAN ALL ALONG?

[00:55:09]

>> OKAY. WE HAVE A MOTION AND A SECOND, ANY OTHER DISCUSSION? SEEING NONE, WE'LL CALL THE VOTE. AND THAT ITEM PASSES

[8B. Consider an ordinance reviewing and approving the Annual Bayside Public Improvement District (PID) Service and Assessment Plan Update and Assessment Roll for the North Improvement Area pursuant to the Service and Assessment Plan for the Bayside PID]

UNANIMOUSLY. >> MAYOR MARGOLIS: THANK YOU.

AND, NOW, ALL RIGHT OUR NEXT ITEM IS 8B, CONSIDER AN ORDINANCE REVIEWING AND APPROVING THE ANNUAL BAYSIDE PUBLIC IMPROVEMENT DISTRICT PID SERVICE AND ASSESSMENT PLAN UP DATE AND THE NORTH IMPROVEMENT AREA PURSUANT TO THE PLAN FOR

THE BAYSIDE BID. >> AND WE'RE PRESENTING FOR 8C

AS WELL. >> MAYOR MARGOLIS: OKAY, LET ME READ THAT INTO THE RECORD. THE OTHER ITEM IS 8C, CONSIDER ACTION TO APPROVE AN ORDINANCE ADOPTING CHANGES TO THE TRAILS AT COTTONWOOD CREEK PUBLIC IMPROVEMENT DISTRICT PID SERVICE AND ASSESSMENT PLAN, INCLUDING THE ANNUAL UP DATE TO THE ASSESSMENT ROLL AND LEVEE OF ASSESSMENTS ON PRAT AND THE PID, PURSUANT TO THE SERVICE AND ASSESSMENT PLAN FOR THE

DISTRICT. >> PUBLIC IMPROVEMENT DISTRICT'S AN MULE SERVICE AND ASSESSMENT PLAN UPDATES. IN THE FISCAL YEAR 2023 ASSESSMENT ROLES FOR THE BAYSIDE NORTH IMPROVEMENT AREA AND TRAILS AT COTTONWOOD CREEK. UNDER CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE AND REAFFIRM THE CITY'S VISION OF THE IMPROVEMENT DISTRICT PLANS. TONIGHT'S PRESENTATION COMBINES THE UPDATES FOR FISCAL YEAR 2023.

HOWEVER AT THE CONCLUSION OF THE PRESENTATION A SEPARATE MOTION IS REQUIRED FOR EACH DISTRICT. AT THIS TIME I WOULD LIKE TO INTRODUCE OUR PID ADMINISTRATOR JOSH AART, TO PRESENTED HIGHLIGHTED PLAN FOR TONIGHT'S PRESENTATION.

>> WITH THE HOMES AND THE BEASER HOMES. NORTH IMPROVEMENT AREA. THE SECOND AND THIRD ITEMS IN THE PRESENTATION IS JUST TO REVIEW THE OUTSTANDING ASSESSMENT, AS OF SEPTEMBER 15TH OF EACH YEAR, THAT'S WHEN THE PRINCIPLE PAYMENT IS DUE FOR THESE BONDS THAT WERE ISSUED. AND THE BALANCE IS $768 MILLION $1,232. THE THIRD FOR LAST YEAR'S ASSESSMENT AMOUNT PER UNIT AND THE FAR RIGHT COLUMN TO THE CURRENT YEAR FOR EACH LOT TYPE IT'S AT REDUCTION ON EACH ONE OF THOSE OUTSTANDING ASSESSMENT AMOUNTS. THE PUBLIC IMPROVEMENT DISTRICT IS THAT OUTSTANDING AMOUNT CANNOT INCREASE SO THAT'S REFLECTING THE PRINCIPAL PAID ON SEPT SEPTEMBER 14TH, 2022.

REDEMPTIONS THAT WOULD HAVE OCCURRED TO DATE. THE NEXT COMPONENT IS TO REVIEW AND SET THE ANNUAL BUDGET FOR THE DISTRICT, IT'S COME PRIZED OF MAINLY THREE COMPONENTS, PRINCIPLE AND INTEREST FOR DEBT SERVICE AND ADMINISTRATIVE

[01:00:04]

EXPENSES WHICH INCLUDE CITY FEES FOR TIME SPENT WITH STAFF, ADMINISTRATOR EXPENSES, TRUSTEE EXPENSES FOR MANAGING THE BOND FUNDS AND DESEMIISSEMINATION FE WHEN COMPARED TO LAST YEAR, IT'S FLAT. THERE IS ONE ITEM THAT I WOULD LIKE TO HIGHLIGHT, I BELIEVE A FEW COUNCIL MEETINGS AGO YOU REVIEWED AND APPROVE ADD CONTRACT WITH UTILITY TAX SERVICES WHICH IS A THIRD-PARTY TAX ASSESSMENT TAX COLLECTOR. I THINK WITH THE ADDITION OF THAT, THAT IS ONE TREMENDOUS BENEFIT TO THE PROPERTY OWNERS NOW THEY WILL HAVE ONLINE CREDIT CARD PAYMENT OPTIONS WHICH WERE NOT, UNTIL THIS POINT IN TIME, AVAILABLE. AN ALSO FOR THE IMPACT TO CITY STAFF, I KNOW THE FINANCE TEAM HAS DONE TREMENDOUS JOB IN WORKING WITH US TO REVIEW, RECEIVE THOSE FUNDS AND THAT WILL NOW BE HANDLED WITH THAT THIRD PARTY WHO'LL SEND THOSE FUNDS DIRECTLY TO THE BOND TRUSTEE. SO, I THINK THAT'S A VERY POSITIVE THING FOR THIS YEAR AND YEARS TO COME. THE FIFTH AND SIXTH ITEMS ARE TO REVIEW THE METHODOLOGY. THERE ARE NO CHANGES TO HOW THE ASSESSMENTS ARE LEVEED AGAINST THE RESPECTED PROPERTIES AND SINCE LAST YEAR'S REPORT THERE HAVE BEEN NO ADDITIONAL SUBDIVISIONS RECORDED. THE LAST ITEM IS TO REVIEW PRE-PAYMENTS THAT HAVE OCCURRED. A KEY FEATURE IS THAT AT ANY TIME A PROPERTY OWNER HAS THE ABILITY TO PAY OFF THE FULL PRINCIPLE BALANCE IF THEY CHOOSE WITHOUT PENALTY. AT THAT POINT IN TIME, THERE'LL NO LONGER BE ANNUAL AMOUNTS BUILT TO THOSE PROPERTY OWNERS, ONCE THOSE FUNDS ARE CONFEMED AND RECEIVED BY THE TRUSTEE, WE WORK WITH CITY STAFF AND THE COUNTY TO FILE A LEAN RELEASE TO COMPLETE THAT PROCESS, YOU COULD SEE HOW WE'VE HAD FOUR MULTI-FAMILY PARCELS THAT HAVE PREPAID, EIGHT 50-FOOT SINGLE FAMILY LOT THE AND 12 PARCELS THAT HAVE PREPAID. AND ONCE THE PREPAYMENT FUNDS ARE RECEIVED, WE WORK AND HAVE A BOND- BOND- BOND-RELATED REDEMPTION. BY STATUE, ONCE THE PREPAYMENTS ARE RECEIVED, WE'RE NOT ALLOWED TO COLLECT INTEREST. SO, AND PENDING ANY QUESTIONS FOR THAT, OR, I'M HAPPEN TO TAKE THOSE AT THE END. WE REQUEST APPROVAL AND FOLLOWING THAT APPROVAL, WE WORK WITH CITY STAFF AND THE THIRD-PARTY TAX COLLECTOR TO GET THE BILLS OUT TO THE RESPECTIVE PROPERTY OWNERS. THE SECOND DISTRICT IS THE TRTHE TRAILS AT COTTONWOOD CREEK, THE NORTH IMPROVEMENT AREA, THOSE IMPROVEMENTS ARE COMPLETE, PRETTY MUCH THE OPPOSITE END OF THE SPECTRUM HERE WITH COTTONWOOD CREEK, WHO JUST ISSUED BONDS IN 2021. YOU COULD SEE A COUPLE OF ITEMS, THIS IS THE MAJOR IMPROVEMENT BUDGET AND THE NEXT SLIDE IS SIMILAR FOR THE IMPROVEMENT AREA ONE. THERE HAD BEEN NO BUDGET REVISIONS TO DATE. UM, THERE'S THE KIND OF THE SECOND COLUMN FROM THE RIGHT, THE SPENT TO DATE COLUMN AND LOOKING IN THE MIDDLE SECTION WHERE WE SEE $148,000 SPENT. I WOULD SAY GENERALLY SPEAKING WE TEND TO SEE MONTH REQUISITIONS. AND ONLY A 50 OF THEIR TOTAL IMPROVEMENT BUDGET IS REIMBURSED THROUGH OUR FINANCE WITH THE PID. ALSO, KIND OF AS A SECONDARY MECHENISM, WITH THEIR QUARTERLY DISCLOSURES THAT THEY'RE REQUIRED TO FILE SINCE BONDS WERE ISSUED. WE COULD ASK AND REQUEST FOR THE STATUS OF CONSTRUCTION UPDATES, THEY ANTICIPATE CONSTRUCTION TO BE COMPLETED, I BELIEVE, FIRST QUARTER OF 2023. AT THAT POINT IN TIME, IT SEEMS LIKE THERE MAY BE ONE LARGER OR ONE OR TWO LARGER PACKAGES SUBMIT SUBMITTED

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FOR REVIEW AND THEN HAVE ADDITIONAL DOLLARS SPENT THERE.

SO, AGAIN, MAY BE NOT TYPICAL, BUT, I DON'T THINK IT'S ANYTHING, IN MY OPINION THAT WOULD CAUSE CONCERN AT THIS POINT. AS WE MOVE INTO THE FIRST QUARTER WE'LL EXPECT TO SEE WITHDRAWALS SUBMITTED. THE SECOND TABLE, NO CHANGES TO THE BUDGET AT THIS POINT. THE BOTTOM TABLE, ITEM TWO FOR THE INDEBTEDNESS, REFLECTS THE TOTAL OUTSTANDING ASSESSMENT WHICH WERE THE MAJOR IMPROVEMENT AREA IS JUST OVER $5 MILLION. FOR THE SECOND PART OF THAT TABLE, FOR THE IMPROVEMENT AREA NUMBER ONE, THE KEY WOULD BE TO ACTUALLY JUST ITEM ONE, APPROXIMATELY $2.5 MILLION, YOU COULD SEE THERE'S A LARGE DEVELOPER CONTRIBUTION, SO THAT'S NOT BEING ASSESSED TO THE PROPERTY OWNERS, THAT'S COMING OUT OF THEIR OWN POCKET, THAT'S THE $2.5 MILLION AT THIS TIME, THERE HAVE BEEN NO PRINCIPLE PAYMENTS MADE TO DATE. SIMILAR TO THE NORTH IMPROVEMENT AREA, EACH BOND ISSUANCE AND EACH PHASE HAS IT'S OWN BUDGET TABLE.

AGAIN, PRINCIPLE INTEREST AND ADMINISTRATIVE EXPENSES. TO NOTE, THERE'S NOTHING ANTICIPATED THAT NEEDS TO BE BUILT TO PROPERTY OWNERS, AS THERE WERE CAPITALIZED INTEREST FUNDS AND ADMINISTRATIVE EXPENSES FUNDED AT BOND. SO, WE'RE NOT ANTICIPATING TO BILL ANYTHING ADDITIONAL AT THIS TIME. AND AGAIN TO CLOSE FOR THIS PID, THERE HAVE BEEN NO CHANGES TO THE METHODOLOGY, AND NO PREPAYMENTS OF ANY ASSESSMENTS. WITH THAT, I REQUEST APPROVAL OF EACH OF THOSE REPORTS AND I'M HAPPY TO ANSWER ANY ADDITIONAL QUESTIONS

AS WELL. >> MAYOR MARGOLIS: COUNCIL, ANY

QUESTIONS? >> COUNCILMEMBER GALUARDI?

>> I'M A PID NEWBIE HERE, SO, ON, 8B, THE BAYSIDE NORTH, WHAT IS THE OUTSTANDING DEBT FOR THE BONDS RIGHT NOW?

>> THE OUTSTANDING BOND? >> THE OUTSTANDING BONDS.

>> IT WOULD BE THE $7.6 MILLION ITEM. SO, FOR THAT PARTICULAR DISTRICT, THERE WERE JUST THE BONDS THERE WAS NOT AN ADDITIONAL DEVELOPMENT CONTRIBUTION CONTEMPLATED FOR

THAT. >> THANK YOU.

>> YES, SIR. >> MAYOR MARGOLIS: COUNCIL, ANY

OTHER QUESTIONS? >> COUNCILMEMBER GRUBISICH?

>> I'LL MAKE A MOTION TO ADOPT THE ORDINANCE IMPROVING THE BAYSIDE IMPROVEMENT DISTRICT NORTH IMPROVEMENT SERVICE AREA UPDATE, THE LEVEE OF ASSESSMENTS ON PROPERTIES IN THE NORTH

IMPROVEMENT AREA. >> MAYOR MARGOLIS:

COUNCILMEMBER BELL? >> I'LL SECOND IT.

>> MAYOR MARGOLIS: MOTION BY COUNCILMEMBER GRUBISICH AND SECOND BY COUNCILMEMBER BELL. ANY DISCUSSION? SEEING NONE,

I'LL CALL THE VOTE. >> MAYOR MARGOLIS: THAT ITEM

[8C. Consider action to approve an ordinance adopting changes to the Trails at Cottonwood Creek Public Improvement District (PID) Service and Assessment Plan, including the annual update to the Assessment Roll and levy of assessments on property in the PID pursuant to the Service and Assessment Plan for the District. ]

PASSES UNANIMOUSLY. >> AND THEN, THE NEXT ITEM

WHICH IS ITEM 8C. >> .

>> MAYOR MARGOLIS: COUNCILMEMBER GALUARDI?

>> I MAKE AMOTION TO APPROVE AN ORDINANCE TO ADOPT THE CHANGES COTTONWOOD CREEK PURSUANT TO THE ASSESSMENT PLAN FOR THE

DISTRICT. >> MAYOR PRO TEM WINGET?

>> I SECOND THAT. >> MAYOR MARGOLIS: ALL RIGHT,

ANY DISCUSSION? >> SEEING NONE, CALL THE VOTE.

[8E. Consider action to approve a resolution setting a public hearing under Section 311.003 of the Texas Tax Code for the creation of a Tax Increment Reinvestment Zone containing approximately 1,686.66 acres of land in the area known generally located near the President George Bush Turnpike, North of Lakeview Parkway, and being wholly located within the corporate limits of the City of Rowlett, Texas; authorizing the issuance of notice by the City Secretary of the City of Rowlett, Texas, regarding the public hearing; directing the City to prepare a preliminary reinvestment zone financing plan; and providing an effective date.]

>> THAT ITEM PASSES UNANIMOUSLY. WE'LL MOVE ONTO OUR LAST ITEM FOR INDIVIDUAL CONSIDERATION, ITEM 8E.

CONSIDER ACTION TO APPROVE A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTION 311.003 FOR THE TEXAS TAX CODE FOR THE CREATION OF A TAX INKRE MEANT REINVESTMENT ZONE CONTAINING APPROXIMATELY 1686.66 ACRES OF LAND IN THE AREA KNOWN GENERALLY LOCATED NEAR THE PRESIDENT GEORGE BUSH TURNPIKE NORTH OF LAKEVIEW PARKWAY AND BEING WHOLLY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF ROWLETT TEXAS, AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF THE CITY OF ROWLETT TEXAS ROARING THE PUBLIC HEARING DIRECTING THE CITY TO PREPARE A

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PRELIMINARY REINVESTMENT ZONE FINANCING PLAN AND PROVIDING AN

EFFECTIVE DATE. >> THE INCREMENT, 50% OF THAT WOULD BE ABLE TO BE CAPTURED FOR THEIR DEVELOPMENT TO PAYOFF PUBLIC INFRASTRUCTURE PROJECTS FOR THEMMENT AND THEN WE WOULD ALSO HAVE A TERSE FOR THE REST OF THE DISTRICT THAT COULD BE USED FOR THEIR PROJECTS, FOR THE CITY'S PROJECTS, FOR FUTURE DEVELOPMENT THAT COMES IN, OF COURSE, THEY WOULD HAVE TO BE FOR PUBLIC USE. SO, THIS IS THE FIRST STEP IN THAT PROCESS, SO, THE RESOLUTION BEFORE YOU IS TO SET THE PUBLIC HEARING WHICH WOULD BE FOR NOVEMBER 14TH, AND, ALLOW AUTHORIZES THE CITY CLERK TO ADVERTISE IT. SO THAT'S ALL READY TO GO. THE NEXT STEPS AFTER THE PUBLIC HEARING WHICH WOULD BE ON THE 15TH, UM, YOU WOULD THAT SAME NIGHT YOU WOULD CONSIDER AN ORDINANCE TO ESTABLISH THE TERSE AND TO ESTABLISH THE TERSE BOARD.

THAT'S TYPICALLY YOU AS WELL AS COUNCILMEMBERS. I ALSO HAVE OUR CONSULTANT, KIRK MCDANIEL HERE FROM PETTY AND ASSOCIATES IF YOU HAVE QUESTIONS OR IF I MISSPEAK, HE CAN LET YOU KNOW. AND THEN, THE FINAL THING TO WRAP IT UP IS ON DECEMBER 6TH, WHERE BOTH THE TERSE BOARD AND THE CITY COUNCIL WOULD MEET TO VOTE TO ESTABLISH THE DISTRICT AND PUT THE TERSE AGREEMENT BEFORE YOU. SO, THIS WOULD BE AGAIN, JUST TO ESTABLISH THE DISTRICT, LATER IN JANUARY, WE WOULD LIKELY BE COMING BACK WITH THE ACTUAL DEVELOPMENT AGREEMENT WITH JACKSON SHAW. AND IT SETS FORTH THE THINGS THAT WE TALKED ABOUT WITH THE MOU AS FAR AS THE PERCENTAGES THEY WOULD BE RECEIVING, TIMEFRAMES AND THOSE THINGS. BUT, OUR STAFF AND ENGINEERING STAFF AND PUBLIC WORKS ARE PUTTING TOGETHER A LEST OF PROJECTS THAT THE CITY MIGHT NEED TO FUND THROUGH THE TERSE AS WELL OR THAT WE MIGHT ANTICIPATE FUTURE DEVELOPERS WOULD NEED ASSISTANCE WITH, ROADS THAT WE WOULD REQUIRE THEM TO BUILD, FOR INSTANCE. SO, WE'RE PUTTING ALL OF THAT TOGETHER BEHIND THE SEEN SCENES AND WE'LL HAVE ALL OF THAT WRAPPED UP PRETTY SOON. ANY