Jun 06, 2023 City Council Meetings

[1. CALL TO ORDER]

[00:00:07]

>> GOOD EVENING EVERYBODY. THANK YOU FOR BEING HERE.

WE'RE GOING TO GO AHEAD AND START OFF OUR REGULAR SESSION.

THE FIRST ITEM IS TO DO OUR INVOCATION AND PLEDGE OF

ALLEGIANCE. >> YOU CAN RISE.

>> OH, GOD WE THANK YOU FOR THIS EVENING.

WE THANK YOU FOR ALL THAT YOU BE DOING IN OUR CITY OF ROWLETT.

THANK YOU FOR THE LEADERSHIP. THANK YOU FOR ALL THE RESIDENTS.

THANK YOU FOR PEACE THAT WE ARE ENJOYING IN THIS CITY.

WE ASK THE LAW LET YOUR PEACE CONTINUE TO ABIDE WITH US IN IN CITY IN THE NAME OF JESUS. LET OH, GOD THE DELIBERATION OF TONIGHT, LET IT GO ACCORDING TO YOUR LEADING.

WE HAVE THE VOICE FROM ABOVE. WE ASK FOR KNOWLEDGE.

WE ASK FOR FULLY FLOW OF IDEAS AND THAT YOU DIRECT THE MEANING OF TONIGHT IN THE PART YOU DESIRE FOR US.

WE SPEAK THAT IN THIS CITY OF ROWLETT THERE SHALL BE PEACE, THERE SHALL BE PROGRESS AND YOU KEEP US TOGETHER IN ONE ACCORD.

AND ALL THE LAW ENFORCEMENT YOU BE WITH THEM.

WE ASK YOU WILL NOT RECORD ANY UGLY INCIDENT IN OUR LAND BY YOUR POWER. AND ALL THAT WE BE DOING WILL BE ACCORDING TO YOUR LEADING AND GUIDE US TO PROSPERITY.

WE PLAY THAT IN THE NAME OF OUR LORD JESUS CHRIST.

AMEN. >> ALL RIGHT.

OUR PLEDGE OF ALLEGIANCE. I PLEDGE 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

JUST FOR ALL. >> NOW THE TEXAS FLAG.

HONOR THE TEXAS FLAG. >> YOU CAN BE SEATED.

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

COUNCILMEMBER SCHUPP. >> ALL RIGHT.

THESE ARE THE ANNOUNCEMENTS FOR THIS WEEK.

ONLY FOUR MORE CHANCES TO CATCH THE FARMERS AND CRAFT MARKET.

VISIT WITH LOCAL VENDORS AND FOOD TRUCKS AT THE DOWNTOWN GREEN FROM 5:30 TO 8:30 P.M. ARE YOU LOOKING FOR WAYS TO GET INVOLVED IN THE COMMUNITY? WE ARE LOOKING FOR COMMITTED RESIDENTS WILLING TO SHARE THEIR EXPERTISE, BY VOLUNTEERING TO SERVE ON A BOARD OR COMMISSIONER.

THE DEADLINE IS JUNE 16TH AND AUGUST 14TH.

IT'S NOT TOO LATE, YOU CAN SIGN UP FOR CAMP BEHIND A BOOK.

SWING BY THE LIBRARY AND CHECK OUT THE FUN FOR ALL AGES.

JOIN US SATURDAY JUNE 17TH FOR THE JUNETEENTH CELEBRATION FROM 10:00 A.M. TO 1:00 P.M. AT DOWNTOWN GREEN.

LIVE PERFORMANCE BY THE EJ MATTHEWS BAND, GAME, VENDORS AND LOTS OF FUN. COME ON OUT TO PADDLE POINT PARK JUNE 17TH. HAVE FUN KAYAKING ON LAKE RAY HUBBARD. FLOAT TIME8:00 A.M.

ALL 214-629-4794. FOR INFORMATION ON THESE AND ALL OTHER THINGS, VISIT ROWLETT.COM. OR CALL THE ACTION CENTER.

>> THANK YOU. WE HAVE AN ANNOUNCEMENT FROM

COUNCILMEMBER SHINDER. >> YES.

HERE IS TONIGHT'S FEATURED ANIMAL FROM THE ANIMAL SHELTER.

THIS IS HAMILTON. HAMILTON IS A HANDSOME BOY.

HE'S FULLED VETTED AND HEART WORM NEGATIVE.

HAMILTON HAS BEEN WITH ANIMAL SERVICES SINCE FEBRUARY AND AT

[00:05:02]

REMEMBER ALL ADOPTIONS INCLUDE SPAY, NEUTER, MICROCHIP AND UP-TO-DATE VACCINATIONS. FOR MORE INFORMATION, PLEASE CALL 972-412-6219. REMEMBER THAT OUR ANIMAL SHELTER STILL IN CODE RED. THIS MEANS ALL THE KENNELS ARE FULL. 23 DOGS AND 28 CATS.

IF YOU HAVE BEEN TOSSING THE IDEA OF ADOPTION, NOW WOULD BE A GREAT TIME TO MAKE IT HAPPEN. IF YOU'RE NOT READY FOR THE FULL TIME COMMITMENT OF ADOPTION. VOLUNTEER TO FOSTER.

THERE ARE CURRENTLY 40 ANIMALS BEING CARED FOR BY FOSTERS.

SPREADING THE WORD WOULD HELP OUT A GREAT DEAL.

REMEMBER YOU TELL TWO FRIENDS AND THEY WILL TELL TWO FRIENDS AND SO ON AND SO ON. AND CONTINUING WITH THE ANIMAL THEME, JUNE IS NATIONAL ADOPT A CAT MONTH.

THIS IS A PERFECT OPPORTUNITY TO CELEBRATE OUR FELINE FRIENDS.

CATS ARE SELF SUFFICIENT, REQUIRE VERY LITTLE ATTENTION COMPARED TO OTHER PETS SUCH AS DOGS.

THEY GROOM THEMSELVES, USE A LITTER BOX AND THERE'S NO NEED FOR WALKS OR POTTY BREAKS. THEY DON'T NEED TRAINS LIKE DOG SAYS ALTHOUGH THEY WILL TRAIN YOU.

THIS MAKES THEM PERFECT FOR BUSY PEOPLE WHO DON'T HAVE A LOT OF TIME TO DEVOTE TO A PET. IF YOU WANT A LOW-MAINTENANCE LOW-COST PET TO KEEP YOU COMPANY.

VISIT THE SHELTER AND PICK OUT A COMPANION KITTY TO GO HOME WITH YOU. ALSO WANT TO SAY WELCOME TONIGHT TO OUR TWO BRAND-NEW COUNCILMEMBERS, ELISE BOWERS AND MICHAEL SCHUPP. HOPE YOUR FIRST YEARS ARE EDUCATIONAL AND INSPIRATIONAL AND CHALLENGING AS MINE WAS AND BECOME OUR NEW CITY MANAGER, DAVID HALL.

>> I WAS GOING TO SAY WE HAVE THREE FIRSTS TONIGHT.

TWO NOW COUNCILMEMBERS, IT'S THEIR FIRST MEETING.

COUNCILMEMBER BOWERS AND COUNCILMEMBER SCHUPP.

WE ALSO HAVE OUR NEW CITY MANAGER, FIRST COUNCIL MEETING WITH US, DAVID HALL SITTING TO MY RIGHT TO YOUR LEFT.

AND WELCOME ALL THREE OF YOU. LOOKING FORWARD TO ALL OF THE GREAT WORK AHEAD. A LOT OF STUFF TO DO.

WE'RE GOING TO BE BUSY. COUNCIL -- MAYOR PRO TEM WINGET.

>> I WANT TO GIVE A MOMENT OF PERSONAL PRIVILEGE TO THANK OUR LIBRARY, THEY KICKED OFF OUR SUMMER READING PROGRAM.

AS COUNCILMEMBER SCHUPP MENTIONED, YOU CAN SIGN UP ONLINE. THERE WAS A TWO-HOUR EVENT AT THE LIBRARY. THEY MOVED EVERYTHING INSIDE.

DIDN'T SKIP A BEAT. THIS WAS INCREDIBLE.

THE NUMBER OF YOUNG PEOPLE AND THEIR PARENTS THAT WERE THERE ENJOYING THE ABILITY TO BECOME PART OF THAT GROUP AND TO PICK UP THEIR PACKETS SO THEY CAN READ ALL SUMMER LONG AND THANK THE FRIENDS WAS RELIC PUBLIC LIBRARY.

THEY OBVIOUSLY INVEST A TON OF MONEY AND WORK INTO THE WORK THEY DO WITH THE LIBRARY. FOR THOSE OF YOU WHO WEREN'T THERE, WE HAD IN AND OUT BURGER. IT WAS PRETTY AWESOME.

HUGE CONGRATULATIONS TO THEM FOR A SPECIAL KICK OFF AND A SPECIAL THANKS TO A MEMBER OF THE LIBRARY STAFF, KOLTON.

HE WROTE ALL THE SOFTWARE THAT RUNS BEHIND THE SCENES TO DRIVE THE DATABASE THAT IS THE WHOLE SYSTEM FOR ALL SUMMER READERS IN THE LIBRARY. IT'S EVERY READER THAT GOES IN THERE THEY HAVE A PAPER DOCUMENT THEY CAN FILL OUT WITH THEIR PARENTS SIGNATURE THAT SAYS, YES MY KID READ AND THERE'S A BAR CODE, THEY SCAN THE BAR CODE AND CHECK OFF THE STUDENT READ.

THE FACT WE HAVE SOMEONE LIKE THAT ON OUR LIBRARY STAFF THAT HAS THAT CAPABILITY SHOWS YOU THE LIBRARY IS NOT A STUFFY BUILDING FULL OF DUSK AND BOOKS. IT'S AN ACTIVE AND DYNAMIC PART

OF OUR COMMUNITY. >> THANK YOU.

>> COUNCIL, ANY OTHER ANNOUNCEMENTS? WANT TO GIVE A QUICK SHOUT OUT TO THE ROWLETT HOCKEY ASSOCIATION. I SEE AND OF Y'ALL IN THE AUDIENCE. THANK YOU FOR BEING HERE.

WHEN YOU SEE US APPROVE THE CONSENT AGENDA ITEM.

[6. CITIZENS’ INPUT]

AND WE WILL MOVE ON TO ITEM 6, CITIZENS INPUT.

AT THIS TIME, COMMENTS WILL BE TAKEN FROM THE AUDIENCE ON ANY TOPIC. NO ACTION CAN BE TAKEN.

LAURA, DO WE HAVE CARDS? >> OUR FIRST SPEAKER IS DAVE HOLE. OUR NEXT SPEAKER IS RICHARD

POLWITS. >> THANK YOU.

COME UP AND STATE YOUR NAME AND CITY OF RESIDENCE, YOU HAVE

[00:10:09]

WHEN I LIVED IN WEST VIRGINIA, MOST OF THE ROADS WERE DIRT ROADS OR ONE LANE ASPHALT ROADS. WE DID HAVE A 2 LANE ROAD, THE WEST VIRGINIA TURN PIKE. WE DIDN'T HAVE A LOT OF MONEY.

SOUND FAMILIAR. WHEN WE HAD A POTHOLE, WE PUT UP A ROUGH ROAD SIGN. RATHER THAN SPEND THE MONEY TO REPAIR THE ROADS AND MAN HOLE FROM THE PROJECT, SEE RIGHT HERE, LET'S JUST PUT UP A ROUGH ROAD SIGN.

AFTER ALL IT'S BEEN 11 WEEKS LIKE THIS.

THE RESIDENTS IN VINEYARD NEIGHBORS ARE USED TO THE ROUGH ROAD. DON'T FORGET TO ADD THE COST OF THE ASPHALT TO STAFF'S PRELIMINARY INCOMPLETE AND INACCURATE COST ESTIMATE FOR THE MILLION DOLLAR LAKE SIDE RESTROOM. THE BALLARD RECEPTACLE HAS REMAINED OPEN. THIS POSES A DANGER TO THE PARK PATRONS THAT CANNOT SEE THE HOLE BECAUSE IT'S BLOCKED.

THERE'S BEEN MANY PROBLEMS BY THE BULLARD.

IF YOU'RE UNAWARE, YOU SHOULD DEMAND AN ACCURATE REPORT.

HERE'S MUNAL'S ANSWER. YOU REQUESTED SLEEVES TO BE REQUESTED WHERE THE BULLARED ARE LOCATED.

I HAVE NOT. THE CITY HOWEVER WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS TO SAID COVERS AND LANGUAGE. WE WILL BE MEMORIALIZED AND AMENDED, AGREEMENT TO REFLECT SUCH.

THE CROSSWALK BETWEEN MILLER ROAD AND PADDLE POINT PARK AND LAKE SIDE PARK DOES NOT WORK AND IS NOT SAFE.

WHILE TRYING TO CROSS FROM THE NORTH AND SOUTH, I HAVE TO JUMP AWAY FROM TURNING VEHICLES THREE TIMES.

EARLIER THIS WEEK WHILE I WAS CROSSING THE INTERSECTION, A SEDAN STOPPED TO LET ME CROSS. THE SECOND VEHICLE BEGAN HANG HONKING AT THE SECOND. THE PICKUP TRUCK ACCELERATED AND RAN INTO THE SEDAN. SEE RIGHT HERE, NUMBER FIVE.

HERE'S STAFF'S RESPONSE. THIS CROSSWALK WAS DESIGNED AND REVIEWED BY SUBJECT MATTER EXPERTS.

IT IS COMPLIANT AS BUILT. LOOKS LIKE WE NEED DIFFERENT SUBJECT MATTER EXPERTS AND OR STAFF.

CAN WE GET A COUPLE DOG RESTROOMS IN PADDLE POINT? I HAVE DISCUSSED THIS WITH THE CITY AT SEVERAL LEVELS.

THE SOLUTION IS TO TAKE CURVE IN THE MIDDLE OF MILLER ROAD HOLDING EASTBOUND AND WESTBOUND TRAFFIC, SEE RIGHT HERE NUMBER FOUR. LAST SATURDAY THE COAST GUARD INSPECTED OUR RENTAL KAYAKS, BUG COMES FROM A WONDERFUL FAMILY.

OSCAR -- >> THANK YOU.

APPRECIATE IT. NEXT COMMENT.

>> OUR NEXT SPEAKER IS RICHARD POLWITS.

MY NAME IS RICHARD POLWITS. I LIVED BY THE LAKE IN ROWLETT FOR 15 YEARS. I'M A RETIRED GEOLOGIST.

OVER THE LAST SEVERAL YEARS I NOTICED AN INCREASE IN RATE OF YOUR SHORE LINE EROSION AND LOSS OF SOIL IN THE LAKE.

I MADE MEMBERS OF THE PREVIOUS COUNCIL OF THE PROBLEM BY PROVIDING HARD COPIES OF TWO PRESENTATIONS.

THAT'S WHERE ONE PRESENTATION WAS USING REMOTE SENSING TOOLS AND THE OTHER ONE WAS TO USE AND INTERPRET THAT DATA.

I GOT TO HURRY. THE SHORELINE INTERPRET -- I WILL PROVIDE NEW COUNCILMEMBERS WITH NEW COPIES IF THEY REQUEST IT. I FINALLY MADE CONTACT WITH JAMES SMITH AT DALLAS WATER UTILITIES RESPONSIBLE FOR LAKE

[00:15:04]

AND YOU HAVE A DRAFT OF THAT. I HAVE ALSO BEEN WORKING WITH OTHER ROWLETT RESIDENTS AND INTERESTED PARTIES TO GATHER SIGNATURES TO A PETITION REQUESTING THAT THE CITY OF DALLAS AND THE FOUR CITIES HOLDING SUBLEASES TO THE TAKE AREA ESTABLISH A YEARLY SHORELINE EROSION PROGRAM TO MITIGATE SOME OF THESE PROBLEMS. I GAVE A COPY OF THE FRONT COVER OF THE PETITION TO EVERYONE SO YOU HAVE SOME IDEA OF WHAT WE'RE ACTUALLY TRYING TO DO. WE NOW HAVE OVER 350 SIGNATURES FROM PEOPLE IN THE AREA. SO IT'S NOT REALLY AROUND THE LAKE. IT'S ANYONE THAT IS USING THE LAKE FOR SIGNATURES. THANK YOU VERY MUCH FOR LETTING ME SPEAK. I DIDN'T GET THE --

>> THANK YOU FOR KEEPING US UPDATED ON THIS.

APPRECIATE IT. >> THANK YOU VERY MUCH.

[7. CONSENT AGENDA]

>> ALL RIGHT. WE WILL NOW MOVE ON TO CONTENT AGENDA. THE FOLLOWING MAY BE ACTED ON IN ONE MOTION, A COUNCILMEMBER CAN REQUEST AN ITEM BE REMOVED.

COUNSEL PULLED 7 B, 7 C AND D FOR INDIVIDUAL CONSIDERATION.

DOES ANYONE ELSE FROM THE AUDIENCE WISH TO PULL AN ITEM.

PLEASE READ THE CONSENT AGENDA ITEMS INTO THE RECORD.

>> 7 A, CONSIDER ACTION APPROVING THE MINUTES.

E, CONSIDERING A TRAFFIC AUTHORIZATION FOR ENGINEERING DESIGN WORK AND 7 F, CONSIDER ACTION AUTHORIZING A CONTRACT TO SUPPLY CONCRETE. COUNCIL, ENTERTAIN A MOTION.

>> MAJOR PRO TEM WINGET. I MOVE WE APPROVE AS READ.

ITEM 7 A, THE APPROVAL OF THE MINUTES, AS AMENDED IN OUR WORK SESSION AND EXCLUDING ITEMS 7 B, 7 C AND 7 D.

I BELIEVE. >> IS THERE, COUNCILMEMBER

GALUARDI. >> SECOND.

>> IS THERE ANY DISCUSSION? SEEING NONE.

CALL THE VOTE. >> CONGRATULATIONS, ROWLETT HOCKEY ASSOCIATION. LOOKING FORWARD TO THE CONTINUES PARTNERSHIP. [APPLAUSE]

>> AND CONGRATULATIONS TO OUR NEW COUNCILMEMBERS FIRST VOTE.

[7B. Consider action approving a second amendment to a development agreement. ]

>> FIRST VOTE. ALL RIGHT.

ALL RIGHT. WE WILL NOW MOVE ON TO INDIVIDUAL CONSIDERATION. FIRST IS 7 B.

APPROVE A RESOLUTION TO APPROVE A SECOND AMENDMENT TO THE SAPPHIRE MARINA AND AUTHORIZE THE MAYOR TO EXECUTE THE AMENDED AGREEMENT ON THE CITY'S BEHALF, LIBBY TUCKER.

>> GOOD EVENING. MAYOR AND COUNCILMEMBERS.

WE HAVE THE OWNERS OF THE MARINA TO ANSWER QUESTIONS AS WELL.

BUT JUST A BRIEF PRESENTATION TO CATCH EVERYONE UP.

SO THERE EXISTS A DEVELOPMENT AGREEMENT WITH SAPPHIRE BAY MARINA, AGAIN WHICH IS TOTALLY SEPARATE FROM SAPPHIRE BAY DEVELOPMENT AND THE LAST AMENDMENT WAS MADE ON IN FEBRUARY OF 2022 AND THAT REALLY WAS TO CLEAN UP A LOT OF LANGUAGE AND SET SOME GUIDELINES AS FAR AS THINGS THEY NEEDED TO COMPLETE SUCH AS PARKING LOT, A PARKING FOR BOATS.

A PUBLIC BOAT RAMP, IMPROVEMENTS TO THE MARINA ITSELF.

SO, THOSE THINGS HAVE BEEN DONE BUT PART OF THAT AGREEMENT ALSO INCLUDED A RETAIL RESTAURANT COMPONENT THAT WAS TO BE 9000 SQUARE FEET. THEY MADE IT THROUGH THE PLANNING PROCESS, THAT'S PROJECT KNOWN AS BAY WALK.

AS TIME WENT ON AND WE'RE IN THE ECONOMY THAT WE'RE IN, IT CAME APPARENT THAT THEY WOULD NOT BE ABLE TO COMPLETE BY THE DEADLINE THE END OF THE CALENDAR YEAR. THEY CAME AND REQUESTED, MET WITH STAFF AND TALKED ABOUT THE NEED TO DO SOMETHING DIFFERENT WITH THAT. FIRST OF ALL, EXTENDING THAT TIMELINE. BUT ALSO THEY WERE CLAW BACKS OR PENALTIES IF YOU WILL OF THE AGREEMENT THAT SAID THE CONCESSION FEES THAT ARE CHARGED THAT COME TO THIS CITY.

SO WE RECEIVE 5% OF THEIR SLIP SALES AS MONEY THAT COMES DIRECTLY TO THE GENERAL FUND. THOSE WOULD INCREASE TO 10% IF

[00:20:03]

THERE HAVE BEEN DELAYS WITH THE SAPPHIRE BAY DEVELOPMENT FOR A MULTITUDE OF REASONS. BUT THE ECONOMY BEING A PART OF IT. I-30 CONSTRUCTION HAS ALSO IMPACTED THEIR BUSINESS VERY NEGATIVELY.

SO SOMETIMES YOU CAN'T EVEN GET TO THE PENINSULA OR GET TO THE MARINA FROM I-30. SO, ALL OF THOSE THINGS LENDING CONSTRAINTS, HAVING TROUBLE RECRUITING TENANTS BECAUSE OF ALL THESE THINGS THAT ARE HAPPENING, THE UNKNOWNS WITH SAPPHIRE BAY LED TO COME TO COUNCIL WITH THIS AMENDMENT.

WHERE WE'RE AT THIS EVENING IS TO REQUEST THE PROJECT BE CHANGED A LITTLE BIT IN THE PARAMETERS OF WHAT IS TO BE BUILT. AND THEY WOULD NOT LIKE TO DO A DIFFERENT CONCEPT AND NOT BUILD THE 9000 SQUARE FOOT FACILITY BUT SOMETHING BETWEEN 4200 AND 4500 SQUARE FEET THAT HAS MORE OUT DOOR SPACE TO IT. SO YOU WILL LIKEN THIS TO THE TRUCK YARD CONCEPTS. THE STANDARD SERVICE KIND OF CONCEPTS THAT ARE POPULAR NOW. THERE'S AN INDOOR COMPONENT AND A FAMILY-FRIENDLY OUTDOOR AREA THAT COULD BE ALSO PROGRAMMED WITH SOME FESTIVALS OR KIND OF TRADE MARK EVENTS THAT HAVE RIGHT ON THE WATER. THERE COULD BE CONCERTS DOWN THERE AS WELL AND WE FOUND THIS TO BE APPEALING TO HAVE SOMETHING ON THE WATER BY THE MARINA.

THE OTHER COMPONENT WOULD BE THE CONSTRUCTION SCHEDULE.

SO YOU KNOW THEY NEED DENSITY DOWN THERE AND SOME PEOPLE TO OBVIOUSLY COME TO THIS. NOT JUST THE MARINA PATRONS.

SO WHAT WE'RE PROPOSING IS THEY WOULD BEGIN CONSTRUCTION OF THAT PROJECT WITHIN SIX MONTHS OF A THOUSAND EITHER OCCUPANCY PERMITS WHICH ARE PART OF THE MULTIFAMILY AND/OR FINAL INSPECTIONS WHICH WOULD BE DONE ON THE SINGLE FAMILY HOMES THE TOWNHOMES TO BE COMPLETE AND THEN ALSO THAT THEY WOULD RENT 850 SLIPS AT THE MARINA. THEY ARE ABOUT AT 650 NOW AND THEY THINK THIS IS A VERY ACHIEVABLE GOAL IF YOU WILL TO SET AND THEY WOULD HAVE THAT SET WITHIN THE TIME FRAME TO ACHIEVE THIS. WE THINK THAT THE OCCUPANCY PERMITS BASED ON THE WAY CONSTRUCTION IS MOVING ALONG NOW COULD HAPPEN AS SOON AS TWO, TWO-AND-A-HALF YEARS.

SO WE'RE NOT PUSHING THIS OUT A LONG WAYS.

IT WILL HAPPEN PRETTY SOON. SO THAT'S WHEN THE CONSTRUCTION WOULD START AND THEN OBVIOUSLY THE PENALTY STILL STAYS IN THERE, IF THEY DON'T START THE CONSTRUCTION, DURING THAT TIMELINE, THE CONCESSION FEES DO INCREASE TO 10%.

THOSE ARE THE THREE KEY CHANGES THAT WE'RE ASKING TO MAKE AND OBVIOUSLY THEY ARE HERE IF YOU WANT TO ASK THEM MORE QUESTIONS ABOUT THEIR DESIGN CONCEPT AND WHAT THEY HAVE AND HOW THEY CAME

TO CHOOSE THAT. >> SORRY, COUNCIL, DO YOU HAVE

ANY QUESTIONS FOR STAFF? >> MAYOR WINGET.

>> I REQUESTED THIS ITEM TO BE PULLED BECAUSE I THINK IT'S IMPORTANT WHEN WE AMEND A DEVELOPMENT AGREEMENT ESPECIALLY ONE AS PUBLIC AS SAPPHIRE BAY PROJECT WE HAVE A CONVERSATION IN THE PUBLIC. YOU MADE THE POINT THIS IS FOR THE SAPPHIRE BAY MARINA, WHICH IS VERY IMPORTANT TO ACCENTUATE.

THIS IS JUST THE MARINA PIECE. AND REALLY THIS IS A REFLECTION OF CHANGING IN MARKET TRENDS AND US TRYING TO BE ABREAST WHAT IS GOING ON WITH RESTAURANTS AND ENTERTAINMENT.

THIS FITS THAT BILL BETTER. I APPRECIATE THE PRESENTATION AND YOU OUTLINING THOSE VERY CRITICAL DIFFERENTIATIONS.

THANK YOU. >> COUNCILMEMBER GALUARDI.

>> THE FIRST POINT, THE 4200 TO 4500, IT STILL SAYS THE 9000 BEING THE OUT DOOR PLAY SPACE HENCE THE STANDARD

>> CORRECT. >> YEAH.

THANK YOU FOR THAT CLARIFICATION FOR THE PUBLIC.

COUNCILMEMBER WINGET IS CORRECT. DUE TO MARKET TRENDS, YOU KNOW A LOT OF PEOPLE ARE WANTING MORE OF AN EXPERIENCED TYPE OF VENUE

[00:25:02]

SO I THINK THIS IS A GOOD PLAN FOR THE CITY.

AND FOR YOUR CONCEPT GIVEN THE MARINA IS AN OUTDOOR CONCEPT ANYWAY. THIS CONTINUES THAT TRADITION.

SO, THANK YOU COUNCIL FOR THE RIDE ALONG.

THIS WAS A LITTLE BIT OF AN INTERESTING ONE.

WE HAD TO COME BACK A FEW TIMES AND CAME BACK TO A GOOD

AGREEMENT. >> COUNCILMEMBER SHINDER.

>> YES, I WANTED TO THANK JEFF AND BRIAN FOR THOSE CLARIFICATIONS TOO. I KNOW THERE ARE CITIZENS OUT THERE WHO DON'T LIKE THE CHANGES.

I KNOW BECAUSE I HEARD FROM THEM.

I DIDN'T LIKE THEM MUCH AT FIRST WHEN I FIRST HEARD OF THEM, BUT AS WE SAW THE NEW PLANS, I THINK THIS IS REALLY GOING TO WORK WELL. MORE OUTDOOR SPACE ON THE LAKE IS GOING TO BE A GOOD THING. OF COURSE, I WISH THAT WE WEREN'T GOING TO HAVE MORE DELAYS BUT I TOTALLY UNDERSTAND THE REASONS FOR THEM. I THINK THE MARINA HAS REALLY LED THE WAY IN THE WHOLE SAPPHIRE BAY CONCEPT AND IN SPITE OF THE COVID SHUTDOWNS AND THE LABOR SHORTAGES AND MATERIAL SHORTAGES, THE HYPER INFLATION, EVERYTHING THAT IS AFFECTED EVERYBODY, THEY HAVE REALLY BUILT THAT UP.

MADE GREAT IMPROVEMENTS. THEY ADDED SO MANY FEATURES AND I KNOW THAT THEY WANT THIS TO BE A SUCCESS.

AND THAT'S WHY THEY'RE REQUESTING THE CHANGES.

I'M VERY MUCH IF FAVOR OF IT. >> ANY OTHER QUESTIONS?

ANY COMMENTS? >> ALL RIGHT.

THEN I WILL ENTERTAIN A MOTION. >> YOU HAVE TO HIT RTS.

>> DID YOU HIT RTS? >> THERE WE GO.

COUNCILMEMBER BRITTON. >> YES, THANK YOU.

I MOVE THAT WE APPROVE THE RESOLUTION, THE RESOLUTION AUTHORIZING THE CITY OF ROWLETT, I'M SORRY, APPROVE A SECOND AMENDMENT TO THE SAPPHIRE BAY MARINA LLC AND AUTHORIZE THE MAYOR TO EXECUTE THE AMENDED AGREEMENT ON THE CITY'S BEHALF.

>> COUNCILMEMBER >> SECOND.

>> ALL RIGHT. MOTION BY COUNCILMEMBER BRITTON.

SECOND BY DEPUTY MAYOR PRO TEM SHINDER.

ANY DISCUSSION? SEEING NONE, CALL THE VOTE.

THAT ITEM APPROVES AS UNANIMOUSLY.

[7C. Consider action authorizing the City to file condemnation proceedings for right-of-way acquisition.]

GEORGE BUSH TURN PIKE. >> GOOD EVENING.

WE'RE HERE TO DISCUSS ITEM 7 C. WHICH RELATES TO A RESOLUTION AUTHORIZING THE INITIATION OF CONDEMNATION PROCEEDINGS.

PLEASE BEAR WITH ME. THERE'S A LOT OF BACKGROUND INFORMATION ON THIS PROJECT. SO, CITY WIDE POPULATION INCREASES AND NEW DEVELOPMENT AS WE ALL KNOW HAS GREATLY INCREASED TRAFFIC ON OUR CITY'S ROADS.

IN PARTICULAR DOWN IN THE MILLER PBT AREA.

THERE'S THE SUBJECT GATEWAY AREA WHERE WE HAVE SEEN A LOT OF GROWTH TO INCLUDE THE MANSIONS WHICH IS A LARGE MULTIFAMILY COMPLEX. THERE'S ADDITIONAL COMMERCIAL AND RESIDENTIAL DEVELOPMENT GOING UP NEAR THE MANSIONS.

ALL OF THIS TRAFFIC HAS TO PASS THROUGH THE MILLER PGBT INTERSECTION. IN ADDITION, WE HAVE NEIGHBORHOODS ADJACENT TO THE INTERSECTION THAT MUST PASS THROUGH AS WELL AS MORE DEVELOPMENT OCCURRING UP HERE IN MAIN STREET AREA. 190 MAIN, DOWNTOWN EAST THAT WILL ADD MORE COMMERCIAL AND MULTIFAMILY TRAFFIC THAT MUST PASS THROUGH THE MILLER PGBT INTERSECTION.

SO THIS INTERSECTION HAS A BIT OF AN UNUSUAL CONFIGURATION ON PGBT SOUTHBOUND. THE PLACEMENT OF THE BRIDGE OVERPASS OBSTRUCTS THE LINE OF SIGHT, THIS IS WHY THERE'S A NO RIGHT ON RED SIGN THERE DUE TO THAT OBSTRUCTION.

[00:30:05]

SO THE OVERALL PROJECT AS A WHOLE HAS FIVE PARCELS NEEDED FOR RIGHT OF WE LOCATED IN THE NORTHEAST NORTHWEST AND SOUTHWEST CORNER OF THOSE PARCELS TO HAVE BEEN ACQUIRED, THE TWO IN THE NORTHEAST CORNER. ONE OF THE OTHER PARCELS IN THE SOUTHWEST CORNER DEVELOPER HAD INTENDED TO DEDICATE AS PART OF EXPANDING THE DEVELOPMENT BUT THOSE PLANS HAVE BEEN PUT ON HOLD. SO WE HAVE RE-ENGAGED THE RIGHT-OF-WAY AGENT TO ACQUIRE THAT PARTICULAR PARCEL.

THIS ITEM IS REGARDING THE REMAINING TWO PARCELS THAT ARE IN THE NORTHWEST CORNER. SO, ONE OF THOSE PARCELS IS FOR A RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASY MAN ON 4899 MILLER ROAD AND THE OTHER IS TWO RIGHT-OF-WAY EASEMENTS ON 3815 PGBT. SPECIFICALLY ONE OF THOSE RIGHT-OF-WAY EASEMENTS AND TEMPORARY CONSTRUCTION IS FOR A RIGHT TURN LANE ON THE SOUTHBOUND PGBT FRONTAGE ROAD TO DO OTHER TWO ARE ASSOCIATED WITH THE ACCELERATION LANE OF MILLER ROAD. SO ALL ATTEMPTS TO NEGOTIATE VOLUNTARY VALLEY OF THE EASEMENTS WITH THE PROPERTY OWNER HAVE FAILED. SO JUST A BIT OF A RUN DOWN OF WHAT OCCURRED. PTG OR RIGHT-OF-WAY AGENT RESEARCHED PROPERTY OWNERSHIP PHONE NUMBERS, MAILING ADDRESSES ET CETERA. THEY SENT THEIR INTRODUCTION LETTER. THEY CONTACT WAS INITIATED.

WE ORDERED APPRAISALS AND MADE INITIAL OFFER.

BASED UPON THOSE APPRAISED VALUES.

SINCE THOSE, SINCE THAT INITIAL OFFER WAS SENT, THE OWNERS LEGAL COUNSEL ASKED FOR MODIFICATIONS. THOSE WERE SENT TO THE CITY ATTORNEY FOR HIS REVIEW. THEY ALSO COUNTER OFFERED WITH VALUES MUCH HIGHER. WE HAVE REQUESTED AN APPRAISAL TO JUSTIFY THE VALUES THEY WERE ASKING FOR.

THEY SAID THEY DID NOT HAVE AN APPRAISAL.

THEIR JUSTIFICATION WAS WELL THIS OTHER PROPERTY IN GARLAND SOLD FOR THIS AMOUNT AND THE OWNER HE'S BEEN IN THE BUSINESS FOR HOWEVER MANY YEARS. SO, WE PROVIDED A COUNTER OFFER 25% OF THE APPRAISED VALUE IN GUIDANCE PROVIDED BY THE CITY ATTORNEY. THE PROPERTY OWNER COUNTER OFFERED WITH A LOWER VALUES THAN THE FIRST TIME BUT STILL MUCH HIGHER THAN OUR OFFER OF 25% ABOVE APPRAISED VALUE.

SO, WE CAN'T REALLY GO ANY HIGHER ON WHAT WE OFFER.

SO, THE PREREQUISITE TO DIALING IMMINENT DOMAIN TO SEEK A VOLUNTARY CONVEYANCE OF THE PROPERTY.

A TRANSMISSION OF FINAL OFFER THAT IS AT LEAST EQUIVALENT TO THE FAIR MARKET VALUES OF APPRAISED VALUE AND MUST HAVE A RESOLUTION TO PROCEED WITH IMMINENT DOMAIN.

ALL DOCUMENTS WERE SENT TO THE PROPERTY OWNER.

ALL ATTEMPTS TO NEGOTIATE A PRICE FOR VOLUNTARY TRANSFER HAVE UNFORTUNATELY FAILED AND THERE'S NO ALTERNATIVE LEFT UNFORTUNATELY. SINCE THE CITY ATTORNEY HAS NOT BEEN DIRECTLY INVOLVED WITH THE NEGOTIATION PROCESS OR THE PRELIMINARY STEPS, THE CITY ATTORNEY MAY DETERMINE THAT SOME ADDITIONAL NOTICES AND NEGOTIATIONS ARE NEEDED BEFORE

[00:35:05]

AND THIS IS THE PROPERTY TO BE ACQUIRED.

THERE HIGHLIGHTED IN RED ON SATELLITE PHOTO AND THE SNIPPET FROM THE PLANS SHOWING THE EXISTING AND PROPOSED RIGHT-OF-WAYS. FUNDS TO PURPOSE THE RIGHT-OF-WAY EASEMENT IS AVAILABLE AND THE RIGHT TO TURN LANE HAS APPROXIMATELY $2.8 MILLION REMAINING.

>> COUNCIL, ANY QUESTIONS? ALL RIGHT.

I WILL, IF THERE'S NO QUESTIONS, I WILL ENTERTAIN A MOTION.

>> MAYOR PRO TEM WINGET. >> I MOVE WE APPROVE THE ITEM AS

PRESENTED. >> COUNCILMEMBER GALUARDI.

>> SECOND THAT. MOTION BY MAYOR PRO TEM WINGET AND SECONDED BY GALUARDI. ANY DISCUSSION? SEEING NONE. CALL THE VOTE.

THAT ITEM PASSES 6-1. ALL RIGHT.

OUR NEXT ITEM IS ITEM 9. MEMBERS OF CITY COUNCIL MAY REQUEST ITEMS TO BE PLACED ON A SUBSEQUENT AGENDA AND CAN BE LIMITED TO PLACE TOPIC ON THE AGENDA FOR A SUBSEQUENT MEETING.

WE'RE GOING TO THE, WE'RE DOING THIS FIRST BEFORE THE NEXT ONE.

COUNCIL ANY ITEMS YOU WOULD LIKE TO SEE ON A FUTURE AGENDA? ALL RIGHT. SEEING NONE.

[8A. Conduct the first of two public hearings to consider administrative amendments to the City of Rowlett Home Rule Charter.]

ITEM 8 A, CONDUCT THE FIRST OF TWO PUBLIC HEARINGS TO CONSIDER ADMINISTRATIVE AMENDMENTS TO THE CITY OF ROWLETT HOME RULE CHARTER. GOOD EVENING COUNCIL.

AS A RESULT OF THE MAY SIX ELECTION, ALL SIX OF THE CHARTER AMENDMENT PROPOSITIONS PASSED. AND THE IN THE COURSE OF MAKING THOSE UPDATES TO THE CHARTER DOCUMENT, IT WAS DETERMINED THAT IT WAS NECESSARY TO UPDATE THE REFERENCES IN THE END NOTES THROUGHOUT THE DOCUMENT. AND THESE UPDATES REQUIRE AN AMENDMENT AND BACK IN A PREVIOUS ELECTION IN 2013, 83% OF THE VOTERS APPROVED PROPOSITION 3 WHICH ALLOWS AN ADMINISTRATIVE AMENDMENT TO THE CHARTER WHICH ENTAILS TWO PUBLIC HEARINGS AND THEN A VOTE. SO I DON'T HAVE A FORMAL PRESENTATION BUT THERE ARE OF THE 43 CURRENT END NOTES, 27 OF WHICH REQUIRE REVISION. AND THEY WERE INCLUDED IN THE PACKET THAT WAS PUBLISHED. IN ADDITION TO APPENDIX E.

THERE IS D, PAST COMMISSION AND COMMITTEES.

THERE ARE DATES ASSIGNED TO THE COMMITTEES WHERE NONE WAS INVOLVED FOR EXAMPLE THERE WAS ONE AMENDMENT THAT WAS CITY COUNCIL INITIATED. SO THOSE DATES WERE SKEWED AND IN THE RESEARCH THAT'S WHAT I FOUND OUT.

IN AN ABUNDANCE OF CAUTION WE'RE ALSO INCLUDING THAT UPDATE TO APPENDIX D AS PART OF THIS ADMINISTRATIVE AMENDMENT.

SO THERE'S NO ACTION THIS EVENING.

IT'S JUST THE PUBLIC HEARING. AND THEN AT OUR NEXT CITY COUNCIL MEETING ON THE 20TH, WE WILL HOLD A SECOND PUBLIC

HEARING AND OFFICIAL VOTE. >> COUNCIL, ANY QUESTIONS?

>> I WILL OPEN UP PUBLIC HEARING.

ANY OF THOSE WISHING TO SPEAK MAY COME FORWARD AND STATE YOUR NAME AND CITY OF RESIDENCE. DOES ANYONE WISH TO SPEAK ON THIS ITEM? SEEING NONE.

I WILL NOW CLOSE THE PUBLIC HEARING.

AND WE CAN MOVE ON TO THE NEXT ITEM.

>> OH. WE DON'T NEED TO VOTE ON THAT.

[7D. Consider action approving the acquisition of right-of-way for the Chiesa Widening Project.]

7 D. CONSIDER ACTION TO APPROVE A RESOLUTION APPROVING THE ACQUISITION OF 1930 CHIESA ROAD WIDENING PROJECT IN THE AMOUNT OF $305,833.

AUTHORIZING THE MAYOR TO SIGN NECESSARY INSTRUMENTS AND

[2. EXECUTIVE SESSION]

WE WILL MOVE INTO THE CONFERENCE ROOM SO YOU DON'T HAVE TO LEAVE.

[00:40:10]

>> THAT'S A GOOD IDEA. LET ME IDEA THE OTHER EXECUTIVE SESSION ITEM INTO THE RECORD. THE NEXT EXECUTIVE SESSION AM AFTER THIS IS 2 B, THE CITY COUNCIL SHALL CONVENE TO EXECUTIVE SESSION TO SEEK

* This transcript was compiled from uncorrected Closed Captioning.