[3B. Update from the City Council and Management: Financial Position, Major Projects, Operational Issues, Upcoming Dates of Interest and Items of Community Interest.]

>> SORRY. OUR NEXT ITEM IS 3B UPDATE FROM THE CITY COUNCIL FINANCIAL POSITION MAJOR PROJECTS OPERATIONAL ISSUES, UPCOMING DATES OF INTERESTING COMMUNITY INTEREST. PRESENTING THIS ITEM WILL BE COUNCIL MEMBER BOWERS. IF YOU WILL HIT YOUR BUTTON.

>> I AM THE CITY SECRETARY'S OFFICE WANTS YOU TO KNOW THE EARLY VOTING FOR COUNCIL MEMBER PLACE ONE RUNOFF ELECTION STARTED ON NOVEMBER 27 AND WILL GO THROUGH DECEMBER 5 WITH ELECTION DAY ON SATURDAY DECEMBER 9.

EARLY VOTING AND ELECTION DAY VOTING WILL TAKE PLACE 4004 MAIN STREET THE ANNEX BUILDING IN OUR MAIN UTILITY BUILDING AT 6602 DELL ROCK ROAD. THE ECONOMIC AND COMMUNITY ENGAGEMENT DEPARTMENT WOULD LIKE TO TELL YOU ABOUT THE HOLIDAY MAIN STREET FESTIVAL AND PARADE. IT IS THIS SATURDAY DECEMBER 2 FROM 5:00 P.M. TO 8:00 P.M. AT THE DOWNTOWN GREEN.

IN ADDITION TO THE PARADE WHICH BEGINS AT 6:00 P.M. THERE WILL BE VENDORS, FOOD TRUCKS, A KID ZONE, LIVE PERFORMANCES AND PICTURES WITH SANTA. THE 12 DAYS OF CHRISTMAS IS ALSO UNDERWAY FROM NOVEMBER 27 THROUGH DECEMBER 8, VISIT ROWLETT.COM FOR A FULL LIST OF AND THE LIBRARY WINTER READING PROGRAM RUNS THROUGH DECEMBER 30 STOP BY TO PICK UP A READING LOG TO BEGIN EARNING PRIZES AND ENTRIES FOR THE GRAND PRIZE

[00:10:02]

DRAWINGS. >> THANK YOU, ARE THERE ANY OTHER ANNOUNCEMENTS? MAYOR PRO TEM SHINDER.

>> YES, THERE IS MY ANIMAL. COME MEET AIMS, IT IS A PITBULL MIX 1 - 2 YEARS OLD AND A FEMALE OF FAWN AND WHITE COLOR, HOW CUTE IS SHE, SHE IS HEARTWORM NEGATIVE AND CURRENT ON HER VACCINATIONS. SHE IS KID AND ADULT FRIENDLY AND LOVES TO CUDDLE AND EXPLORE NATURE AND PLAY WITH TOYS.

PLEASE COME MEET HER AND SHOW HER WHAT A TRUE FOREVER HOME IS.

IF YOU WOULD LIKE TO MEET AIMS OR ANY OF THE ADOPTABLE ANIMALS PLEASE CONTACT ANIMAL SERVICES AT (972)412-6219 OR COME BY THE SHELTER AT 4402 INDUSTRIAL STREET FROM 10:00 A.M. TO 5:00 P.M. TUESDAY THROUGH SATURDAY.

ALSO ROWLETT RESIDENTS CAN GET THEIR PITS MICROCHIP AT NO COST, FREE MICROCHIP HE WILL BE DONE EVERY FRIDAY FOR THE ENTIRE MONTH OF DECEMBER FROM 11:00 A.M. TO 1:00 P.M.

AN APPOINTMENT IS REQUIRED AND YOU MUST PROVIDE PROOF OF ROWLETT RESIDENCY. TO SCHEDULE AN APPOINTMENT CALL ANIMAL SERVICES AT (972)412-6219 OR VISIT THE SHELTER ONCE AGAIN AT 4402 INDUSTRIAL STREET. AND THAT IS IT.

[4. CITIZENS’ INPUT]

>> COUNCIL, ANY OTHER ANNOUNCEMENTS?

>> WE WILL MOVE ON TO THE NEXT ITEM, CITIZENS INPUT, COMMENTS WILL BE TAKEN FROM THE AUDIENCE ON ANY TOPIC AND NO ACTION CAN BE TAKEN BY THE COUNCIL ON CITIZENS INPUT.

DID YOU HAVE A COMIC? YOU HAVE TO HIT IT AGAIN.

CITIZENS INPUT, DO WE HAVE ANY. >> WE HAVE DAVE AND NO ONLINE

PEOPLE THAT SIGNED UP. >> ALRIGHT YOU KNOW THE DRILL, NAME, CITY AND RESIDENCE, YOU HAVE THREE MINUTES.

>> DAVE WHOLE ROULAC. ALL THE FOLLOWING PROBLEMS BEGAN WHEN I REFUSED TO GIVE THE CITY% STAFF RIGHT AWAY IN FRONT OF MY HOUSE ON 6809 FOR A BUILDING PERMIT TO REBUILD MY HOUSE WHICH WAS DESTROYED BY THE 2015 TORNADO, HOW MANY OTHER RESIDENTS HAD TO GIVE THE CITY O RECEIVE A PERMIT TO REBUILD THE RESIDENCE AFTER THE 2015 TORNADO.

EXHIBIT ONE FEDEX PACKAGE ADDRESSED TO 6917 DELAYED TO 60 EXHIBIT TWO, BACKFLOW INSPECTION ADDRESS TO 6917 DELAYED AND HAND-DELIVERED TO 6809. EXHIBIT THREE ADDRESS TO 69 ENTER WATERVIEW RESIDENCE. EXHIBIT 4T PW D26809 DELAYED DELIVERY TO MY NEIGHBORS, EXHIBIT FIVE TEXT FROM CUSTOMER, WHERE IS THE WATER CLASS I'M A MILLER ROAD ALL I SEE IS A HOUSE. EXHIBIT SIX, CERTIFIED RECEIPT LETTER 12621 TO 6917 DELAYED AND DELIVERED TO 680-91-1122 EXHIBIT SEVEN, CERTIFIED RETURN ROULAC MAILED THE BLADE AND DELIVERED TO 6809 ON 122521, EXHIBIT EIGHT E-MAIL FROM DALE JACKSON TO STAFF ASSIGNING AN ADDRESS OF 6921 TO THE 4 ACRES ON THE EAST SIDE OF THE RAILROAD ON MILLER ROAD.3 EXHIBIT NINE AND 10 ELECTRIC BILLS FOR 6809 AND 6917, DISCONNECTION NOTICE DUE TO 6921 UNDELIVERABLE ADDRESS.

EXHIBIT 116917 STILL HAS 629. EXHIBIT 12, E-MAIL CHAIN FROM CITY AND STAFF DESCRIBING ADDRESS PROBLEMS WHICH INCLUDE A FRAUD ALERT ON MY CREDIT CARD. DUE TO TOO MANY ADDRESSES AND MULTIPLE PROPERTIES ADDRESSED AS 60 H11 CHARDONNAY.

EXHIBIT 13 GROUP ROWLETT 26917 RETURN TO SALANDER NOT DELIVERABLE ADDRESS, EXHIBIT 14, IF IT'S REALLY GOT TO BE DELIVERED ADDRESS IT TO RESIDENCY WATERVIEW NOT 6917.

EXHIBIT 15, UPS CONFUSION WITH 6917 ADDRESS, EXHIBIT FEDEX DELIVERY TO 6917 CANNOT BE DELIVERED TO 61017.

EXHIBIT 17, STAFF RESPONSE TO UPS REQUEST, USPS REQUEST LOCATION FOR 6917 MAILBOX. DID ANY OF YOU HAVE TO DO THIS TO GET YOUR MAILBOX IN FRONT OF YOUR HOUSE? THE RESPONSE FROM THE POST OFFICE WAS YOU TELL ROULAC THAT THE USPS IS A FEDERAL AGENCY IN SUCH ROULAC CANNOT TELL THE POST OFFICE TO WRITE THE REQUESTED LETTER.

IN ADDITION IF THE POST OFFICE WROTE A LETTER LIKE THIS EVERY TIME SOMEONE ASKED, THE POST OFFICE WOULD HAVE TO HIRE MORE LAWYERS TO REVIEW THESE LETTERS AND PRETTY SOON THE POST OFFICE

[00:15:01]

WOULD BE ALL LAWYERS AND KNOW WHEN TO DELIVER THE MAIL.

IN ADDITION THE POST OFFICE SAID ROULAC HAS BEEN ONE OF THE MORE DIFFICULT CITIES TO WORK WITH. EXHIBIT 18 E-MAIL FROM ROTARY INTERNATIONAL STATING THEIR MAILINGS TO 6809 ARE BEING RETURNED UNDELIVERABLE. EXHIBIT 1923 TAX STATEMENT FROM

MY 24 ACRES ADDRESS. >> ANY OTHER COMMENTS?

[5. CONSENT AGENDA]

NO ONLINE COMMENTS? THEN I MOVE ON TO CONSENT AGENDA. THE FOLLOWING MAY BE ACTED UPON IN ONE MOTION, THE CITY COUNCIL MEMBER OR CITIZEN MAY REQUEST ITEMS TO BE REMOVED FOR ANY INDIVIDUAL CONSIDERATION.

ITEM 5B HAS BEEN REMOVED OFF OF THE AGENDA AND ITEM 5D HAS BEEN MOVED TO INDIVIDUAL CONSIDERATION.

ITEM 5B IS REGARDING THE PURCHASE OF A COMBINATION VACUUM AND HYDRAULIC TRUCK THAT HAS BEEN REMOVED.

ITEM 5D IS REGARDING THE TREE REMOVAL PERMIT FOR PROPERTY AT PG BT AND MAIN STREET. COUNCIL ANY OTHER ITEMS YOU WISH TO PULL? IT ANYBODY WAS FROM THE PUBLIC WISH TO PULL FOR INDIVIDUAL CONSIDERATION.

ALRIGHT PLEASE READ THE CONSENT AGENDA ITEMS INTO THE RECORD.

>> ITEM FIVE A CONSIDER ACTION APPROVING THE MINUTES.

ITEM 5C CONSIDER ACTION APPROVING AN INTERLOCAL AGREEMENT TO COOPERATIVELY PURCHASE GOODS AND SERVICES.

ITEM 5E, CONSIDER ACTION APPROVING A TREE REMOVAL PERMIT.

ITEM 5F, CONSIDER ACTION APPROVING A COOPERATION AGREEMENT WITH THE ROULAC CHAMBER OF COMMERCE.

>> ALRIGHT COUNCIL, I WILL ENTERTAIN A MOTION.

MAYOR PRO TEM GENDER. >> I MOVE THAT WE APPROVE THE CONSENT AGENDA ITEMS AS READ. IS THERE A SECOND?

>> MAYOR PRO TEM. >> SECOND.

>> MOTION BY MAYOR PRO TEM. SECOND.

CALL ABOUT. >> THE CONSENT AGENDA ITEMS CARRY UNANIMOUSLY READ WE MOVE ON TO INDIVIDUAL CONSIDERATION OF WHICH WILL BE ITEM 5B, THAT HAS BEEN REMOVED OFF THE AGENDA.

[5D. Consider action approving a tree removal permit. ( Part 1 of 2 )]

WE WILL GO TO THE OTHER ONE, 5G. CONSIDER ACTION TO APPROVE THE REQUEST BY SPARES ENGINEERING ON BEHALF OF PROPERTY OWNER ODIN HUGHES LLC FOR APPROVAL OF A TREE REMOVAL PERMIT ON A PROPERTY ZONE FORM-BASED URBAN VILLAGE.

THE 22.48-ACRE SITE IS LOCATED PROXIMALLY 1600 SOUTH MAIN STREET WEST OF PRESIDENT GEORGE BUSH HIGHWAY IN THE CITY OF

ROLLA DALLAS COUNTY TEXAS. >> GETTING THE MAYOR AND COUNCIL. A BIT OF BACKGROUND ON THIS PROPERTY IN THE LARGER DOWNTOWN EAST OF WHICH IT IS A PART OF.

IN 2016 THERE WAS A ZONING CASE TO REZONE THE LARGER PROPERTY TO THE FORM-BASED URBAN VILLAGE DISTRICT 57 ACRES IN CHANGE.

ON THE 13TH OF MARCH IN 2018 THE PHASE MASTER PLAN WAS APPROVED FOR THE ENTIRE DOWNTOWN EAST PROJECT.

THE DEVELOPMENT PLAN WAS APPROVED FOR THE FIRST PHASE WHICH IS UNDER CONSTRUCTION AT THE CORNER OF MAIN AND THE FRONTAGE ROAD THAT IS 325 MULTI-FAMILY UNITS.

THE SUBJECT PROPERTY HERE WAS APPROVED MAY 10, 2022 FOR 340 MULTI-FAMILY UNITS AND THEN THE LAST ACTION ON THIS WAS BY THE PLANNING AND ZONING COMMISSION WHICH RECOMMENDED APPROVAL OF THE TREE REMOVAL REQUEST WITH FIVE IN OUR.

A LITTLE BIT MORE BACKGROUND ON THE PLANNING AND REQUIRED APPROVAL FOR THIS PROJECT, THE DRAINAGE PLAN HAS BEEN APPROVED FOR THE ENTIRETY OF THE DOWNTOWN EAST PROJECT WHICH BASICALLY STRETCHES FROM MAIN STREET DOWN TO THE PROPERTY AT THE HARD CORNER OF MILLER IN THE FRONTAGE ROAD OF 190.

THE IMPROVEMENTS THAT ARE REQUIRED UNDER THIS PLAN WOULD INCLUDE IMPROVEMENTS TO THE DRAINAGE CHANNEL THAT ACTUALLY GOES ACROSS OR UNDER THE TURNPIKE AS WELL AS CROSSES UNDER MILLER HEIGHTS, THOSE ARE ADDITIONAL BOX CULVERTS WHICH ARE BEING INSTALLED RIGHT NOW AS WELL AS STABILIZATION OF THE HEADWATERS TO THE NORTH OF MILLER HEIGHTS DRIVE BEFORE THAT FLOW ENTERS INTO THE BOX CULVERTS.

SO THE SPECIFICS ON THIS REQ REQUEST, DUE TO THE DEVELOPMENT

[00:20:02]

THAT HAS BEEN APPROVED THROUGH THIS DEVELOPMENT PLAN, THERE ARE 133 PROTECTED TREES PROPOSED FOR REMOVAL, THE RABBIT DEVELOPMENT CODE IN SECTION 77504H3C STATES THE REMOVAL OF MORE THAN THREE PROTECTED TREES DOES REQUIRE CITY COUNCIL ACTION UPON RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION.

AS WELL AS ANY CALIBER OF INCHES THAT ARE NOT MITIGATED THROUGH PLANTING ON THE SITE DOES REQUIRE PAYMENT MITIGATION FUND AT THE RATE OF $121.67 PER CALIBER INCH.

THE FORM-BASED CODE OF WHICH THIS IS GOVERNED, THE SITE IS GOVERNED BY THE FORM-BASED CODE IT DESIGNS PROTECTED CHOOSE AS OKLAHOMA ELM, PECAN TREES GREATER THAN 8 INCHES IN DIAMETER AT BREAST HEIGHT WHICH IS FOREIGN HALF FEET ABOVE GRADE. THE TREE SURVEY PROVIDED BY THE APPLICANT INDICATES 158 TREES THAT TOTAL 2099 AND A HALF CALIBER INCHES. OF THE TREES 140 ARE PROTECTED AND THEY HAVE A TOTAL OF 1873 CALIBER INCHES.

THE APPLICANT DOES PROPOSE REMOVING 133 OF THE TREES WHICH COME TO A TOTAL OF 101,789 AND A HALF CALIBER INCHES.

THE FORM-BASED CODE AUTHORIZES CREDITS FOR MITIGATION FOR SAVING OR PRESERVING ANY PROTECTED TREES AS WELL AS FOR TREES PLANTED WITH DEVELOPING ALONG THE STREETS WITHIN THE OPEN SPACES AND ALONG ANY TRAILS.

THE MITIGATION CREDIT OF 4 INCHES TO ONE, THAT WOULD BE FOR CALIBER INCHES MITIGATED FOR EVERYONE CALIBER INCH IS PROVIDED FOR ANY TREE THAT IS 8 - 23 INCHES THAT ARE PROTECTED AND PRESERVED. THE SEVEN TREES THAT, THE SEVEN PROTECTED TREES THAT ARE BEING PROPOSED FOR PRESERVATION ON THE SITE WOULD QUALIFY FOR THE 4 - 1 MITIGATION CREDIT THAT WOULD GRANT MITIGATION CREDIT OF 334 INCHES.

THE 125 ADDITIONAL TREES WITH 375 CALIBER INCHES TO BE PLANTED ALONG THE STREETS WITH OPEN SPACES ALONG TRAILS THAT YIELDED ADDITIONAL 375 INCHES OF MITIGATION CREDIT.

SECTION 212905 OF THE TEXAS LOCAL CODE REQUIRES CITIES TO OFFER MEDICATION CREDIT FOR TREES THAT ARE TO CALIBER INCHES OR GREATER AS YOU SHOULD SEE HERE, WE ARE THE OFFER DIFFERENT KINDS OF MITIGATION CREDIT, WITH THAT THESE WOULD BE IN ADDITION TO WHAT WE DO, THE MITIGATION CREDIT IS CALCULATED AT 50% OF THE CALIBER INCHES PLANTED. BECAUSE WE GRANTED CREDIT FOR TREES THAT ARE PLANTED AT THREE CALIBER INCHES OR GREATER, THE 50% CREDIT ONLY APPLIES TO TREES GREATER THAN TWO CALIBER INCHES IN LESS THAN THREE, THAT APPLIES TO 183 INCHES IN THE CREDIT THAT WOULD BE TAKEN OFF THE MITIGATION FEE IS $11132.81 WHICH IS BASED UPON 183.5 TIMES THE $121.67.

A BIT OF BACKGROUND, THIS IS THE LANDSCAPE PLAN THAT THEY WILL BE DOING WITH THIS DEVELOPMENT. THE TREES THAT ARE IN YELLOW ARE THE STREET TREES, THE TREES THAT ARE IN GREEN ARE THE TREES IN THE PARKING LOT. IN THE PURPLE TREES ARE ADDITIONAL OPEN SPACE TREES. THESE ARE TREES THAT WILL BE ADDED WITH THIS DEVELOPER. AGAIN, IN TABLE FORM TO GO THROUGH WHAT I WENT THROUGH AS WELL, THE CALIBER INCHES ON SITE OF PROTECTED TREES IS 1873 PROPOSING TO REMOVE 1789.5, CREDIT FOR THE SAVED TREES IS 85.5 MULTIPLIED BY FOUR TO GET THE CREDITS OF 334 CALIBER INCHES, THEY DO GET 375 INCHES OF CREDIT FOR THE STREET TRAIL PLAZA AND OPEN SPACE TREES GIVE IT A TOTAL CREDIT OF 709 AND THAT LEAVES A DEFICIT OF 1080.5 INCHES THAT ARE NOT MITIGATED, THEREFORE THE CONTRIBUTION BASED UPON THAT INTO THE REFORESTATION FUND IS $131, $131,464.43. SECONDLY WE HAVE THE MITIGATION REQUIRED UNDER THE TEXAS LOCAL GOVERNMENT CODE THERE ARE 183 ADDITIONAL INCHES THAT ARE BEING PLANTED BETTER TO CALIBER INCHES IN LESSON THREE CALIBER INCHES THAT ARE GRANTED A 50% CREDIT ON THAT, THEREFORE THE AMOUNT THAT WOULD BE SUBTRACTED FROM THE EARLIER NUMBER IS $11132.81. MEANING THAT TAKING ALL OF THAT

[00:25:03]

AND TOGETHER, THE NET MITIGATION FEE THAT THE APPLICANT WOULD BE REQUIRED TO PAY IS $120,331.62. THE CITY COUNCIL MAY DENY THE REMOVAL OF THE PERMIT IF IT IS DETERMINED THAT THE REMOVAL OF THE TREE IS NOT REASONABLY REQUIRED IN ORDER TO CONDUCT THE ANTICIPATED ACTIVITIES WHICH WOULD BE THE DEVELOPMENT ON THE PROPERTY THAT A REASONABLE ACCOMMODATION COULD BE MADE TO SAVE OR PRESERVE A TREE WHERE THE PURPOSE AND INTENT OF THE SUBCHAPTER IS NOT BEING THAT BY THE APPLICANT.

STAFF IS RECOMMENDING APPROVAL OF THIS PERMIT BASED ON THE APPROVED DEVELOPMENT PLAN AND THE REMOVAL OF THE TREES ARE NECESSARY TO ACCOMMODATE THE PROPOSED CONSTRUCTION AND THE RELATED PUBLIC INPUT STRUCTURE. BEFORE WE GET INTO QUESTIONS, I WOULD NOTE THAT THE APPLICANT IS ALSO HERE THIS EVENING AND THEY HAVE A BRIEF PRESENTATION THEY WOULD LIKE TO MEET MAKE I REQUEST YOUR CONSIDERATION AND E CAN JOINTLY ANSWER YOUR

[2. EXECUTIVE SESSION ( Part 1 of 2 )]

QUESTIONS. >> BEFORE THAT, I WOULD LIKE TO READ INTO THE RECORD, I WOULD LIKE TO GO INTO EXECUTIVE SESSION AND SEEK LEGAL ADVICE FROM THE ATTORNEY PRIOR TO SEEING THE APPLICANT'S PRESENTATION.

I AGREE THAT AN COUNCIL WILL GO INTO THE CONFERENCE ROOM AND CONVENE OUR EXECUTIVE SESSION FOR A FEW MINUTES.

THE CITY COUNCIL TO EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE 55171 CONSULTATION WITH ATTORNEY TO SEEK LEGAL ADVICE FROM THE CITY ATTORNEY REGARDING THE TREE REMOVAL PERMIT FOR SUBJECT PROPERTY LOCATED AT PRESIDENT GEORGE BUSH HIGHWAY AND MAIN STREET.

WE WILL CONVENE AGAIN IN THE CITY HALL CONFERENCE ROOM AND WE WILL BE BACK HERE

[5D. Consider action approving a tree removal permit. ( Part 2 of 2 )]

>> WE CAME OUT OF EXECUTIVE SESSION AT 7:42 P.M. WITH NO FORMAL ACTION TAKEN. WE WILL JUST GO INTO A VOTE AND THEN I'LL SPEAK TO WE WERE AT. WITH THAT I WILL ENTERTAIN A MOTION ON THIS ITEM. DEPUTY MAYOR PRO TEM.

>> I APPROVE WE MOVE AS PRESENTED.

>> IS HER SECOND. >> , COUNCIL MEMBER.

>> I SECOND. >> I'M GOING TO OPEN IT UP FOR QUESTIONS UNDER DISCUSSION ALL START OFF.

THIS PROJECT HAS THE PROJECT IN GENERAL AT THIS LOCATION HAS A LONG HISTORY. A ZONING CHANGE OCCURRED IN 2016 TO AMEND THE ZONING TO A FOREIGN BASE URBAN VILLAGE.

AS A RESULT THE FORM-BASED CODE PROVIDED STAFF WITH THE ABILITY TO ADMINISTRATIVELY APPROVE SITE PLANS, STAFF APPROVED THE SITE PLAN FOR THE SITE THAT INCLUDED THE MULTI-FAMILY DEVELOPMENT IN THE SITE PLAN CLEARLY DEPICTED THAT AS A RESULT OF THE DEVELOPMENT THE TREES WOULD HAVE TO GO.

COUNCIL THEREFORE HAS AN OBLIGATION TO APPROVE THIS ITEM AS A RESULT OF THE APPROVED SITE PLAN DEPICTING REMOVAL OF TREES.

THAT IS WHY THIS ACTION IS BEING TAKEN.

I WILL LEAVE IT THERE, COUNCI DO YOU WANT TO ADD ANYTHING ELSE TO THIS CONVERSATION. GO AHEAD.

>> YES MAYOR ALSO FOR THE RECORD I AM VERY CONCERNED AT THE REMOVAL OF 133 OF THE 140 PROTECTED TREES ON THIS PROPERTY. I THINK THAT IS EXCESSIVE AND I'M NOT IN FAVOR OF IT. HOWEVER, BECAUSE OF PRIOR COUNCIL DID OBLIGATE US LEGALLY BASICALLY TO GO ALONG WITH THIS I'M GOING TO HAVE TO VOTE IN FAVOR OF IT BUT I DON'T WANT TO.

>> COUNCIL MEMBER. >> YES, WE HEARD A LOT FROM CITIZENS ABOUT THIS, OBVIOUSLY OUR TREES ARE VERY IMPORTANT FOR CITY, THEY'RE IMPORTANT TO ME, AND OUR CITIZENS, THIS IS A CASE WHERE IS SEEMS TO BE THE DECISION HAS BEEN MADE FOR US AT THIS POINT. THAT DOES NOT MEAN THAT WE CANNOT MEET AND CHANGE HOW WE WILL GO FORWARD WITH THESE TYPE OF PROJECTS AND WITH THE CREAM MITIGATION PROGRAM.

[00:30:02]

I THINK THAT NEEDS TO HAPPEN IN HAPPEN FAIRLY SOON AND WE NEED TO RESURRECT THE TREE COMMITTEE AND LOOK AT OTHER CITIES AND SEE WHAT THEY'RE DOING ARE WE IN LINE WITH THEM, ARE WE TOO EASY, I KNOW IT'S $120,000 IN A SOUND LIKE H A LOT OF MONEY BUT WITHIA FRAMEWORK OF A LARGE DEVELOPMENT LIKE THIS THERE SEEMS TO BE A LITTLE BIT ABOUT YOUR WAY OUT OF IT.

AND I'M LIKE EVERYBODY ELSE WE HAVE 140 TREES AND YOU GET A CUT ON 133 OF THEM. AGAIN WERE SORT OF LOCKED INTO IT DOESN'T SEEMED LIKE ANYBODY IS TRYING HARD TO SAVE TREES.

I WILL VOTE FOR THIS AS THE COUNCIL MEMBER SAID.

WERE SORT OF UNDER A LEGAL OBLIGATION BUT I WILL BE PUSHING FORWARD TO REVISIT THIS ENTIRE PROCESS AND SEE IF WE CAN'T FIND A WAY TO MAKE MORE EQUITABLE TO THE CITY.

>> THANK YOU. >> DEPUTY MAYOR PRO TEM.

>> I DON'T THINK I CAN EXPRESS HOW FRUSTRATED I AM WITH THIS DECISION THAT WE HAVE TO MAKE BECAUSE WE DO NOT HAVE A CHOICE.

THE CONSEQUENCE IS LEGAL ACTION IS SEEMS. WE HAVE BEEN PINNED INTO A CORNER WHERE WE HAVE NO CHOICE TO APPROVE THIS BECAUSE ASSURANCES THAT WERE GIVEN TO A DEVELOPER THROUGH SEVERAL APPROVED SITE PLANS BUT MOST RECENTLY IN 2022 WHICH ESSENTIALLY SHOWS IN GIVEN ASSURANCE THAT THIS DEVELOPMENT WILL COME TO FOR RATION AND ITS CURRENT FORM AND THE PRESENTED FORM.

MR. CITY MANAGER I THANK YOU HEARD THIS LOUD AND CLEAR IN OUR EXECUTIVE SESSION BUT I THINK THE EXPECTATION FROM ALL OF THE COUNCIL IS NOT MYSELF IS THAT THESE TYPES OF ADMINISTRATIVE APPROVALS CANNOT HAPPEN GOING FORWARD.

FORTUNATELY WE HAVE A ZONING OVERLAY PROCESS BY NOW APARTMENTS CANNOT BE APPROVED WITHOUT COUNCIL ACTION AND IN THEORY SOMETHING LIKE THIS CANNOT HAPPEN AGAIN.

BUT JUST FOR THE PUBLIC AND FOR THE SAKE OF CLARITY THIS TYPE OF THING MUST BE ELIMINATED, THIS PROCESS BY WHICH ZONING ACTION CAN BE TAKEN BY COUNCIL AND ESSENTIALLY EVERYTHING GOES ON AUTOPILOT, WHILE STAFF APPROVES ADMINISTRATIVELY THE REST OF THE DECISIONS THAT ARE MADE. HOPEFULLY THAT IS CLEAR ENOUGH, I THANK YOU UNDERSTAND AND KNOW AND EQUALLY FRUSTRATED BY THE ISSUES THAT PREDATE YOUR TENURE. I TOTALLY RESPECT THAT.

IT'S NOTHING AGAINST YOU AND NOT EVEN NECESSARILY AGAINST HER CURRENT STAFF. THEY WERE HANDED AUTHORITY BY A PRIOR COUNCIL AND HAVE USED THAT AUTHORITY RIGHTFULLY SO.

>> LEGALLY SO BUT NOW HERE WE STAND AS A COUNCIL AND I THINK WE ARE SAYING THAT NEEDS TO BE CHANGED PLEASE.

THANK YOU. >> ANY OTHER COMMENTS? ALRIGHT WE WILL CALL THE VOTE. ITEM CARRIED UNANIMOUSLY.

WE WILL NOW MOVE ON TO OUR NEXT ITEM FOR INDIVIDUAL CONSIDERATION. I AM GETTING THERE.

[6A. Consider action to approve a resolution casting the City’s vote for the election of the fourth member of the Board of Directors of the Dallas Central Appraisal District.]

IT IS ITEM 6 EIGHT CONSIDER ACTION TO APPROVE A RESOLUTION CASTING THE CITIES VOTE FOR THE ELECTION OF THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL IS DISTRICT. WILL ANY OF YOU BE PRESENTING OR DO YOU WANT ME TO GO INTO THIS? THIS IS PRETTY MUCH WHAT WE DID WITH THE ROCKWELL COUNTY APPRAISAL BOARD APPOINTMENT.

I BELIEVE, DID YOU WELL OR DID YOU NOT GET A COPY OF THE RESUME. ALRIGHT.

DO YOU HAVE ANY QUESTIONS ON THE PROCESS? OKAY. I'LL JUST MAKE A COMMENT ON THE PERSON YOU, THIS CHAIR IS BROKE AND I KEEP FALLING.

I KEEP GETTING SHORTER. I KNOW CARRIE GORDON PERSONALLY AND BEING INVOLVED WITH THE METROPLEX MAYORS IN DIFFERENT ORGANIZATIONS ACROSS THE REGION, I HAVE GOTTEN TO KNOW HER PRETTY WELL. SHE IS A GREAT HUMAN, VERY INTELLIGENT. VERY BRIGHT AND I PERSONALLY WOULD SUPPORT HER APPOINTMENT TO THE DALLAS COUNTY CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS BUT I'M OPEN TO HEARING OTHER SUGGESTIONS. MAYOR PRO TEM SHINDER.

[00:35:05]

>> I ALSO KNOW CARRIE AND SHE IS THE MAYOR WHERE I USED TO WORK AND I STILL KNOW SOME PEOPLE THERE.

BUT, LOOKING AT THE RESUME INTO DIFFERENT RESUME IT'S VERY OBVIOUS THAT SHE HAS THE EXPERIENCE AND THE BACKGROUND.

SHE WORKS FOR THE CITY OF DALLAS IN URBAN PLANNING FOR 30 YEARS AND SHE'S BEEN THE MAYOR OF BOUCHER SPRINGS FOR A WHILE.

SHE SERVED ON THE CHARTER REVIEW COMMISSION IN THE PLANNING AND ZONING COMMISSION BEFORE SHE WAS ELECTED.

COMPARE UNIT TO THE OTHER COUNCILMEMBERS WHO ARE FROM VARIOUS CITIES WERE ALSO CANDIDATES HERE.

HER CREDENTIALS REALLY STAND O OUT.

I DON'T LIKE THE IDEA OF CITY OFFICIALS ALSO SERVING ON THE APPRAISAL DISTRICT BOARD. IT SEEMS LIKE THERE COULD BE A CONFLICT THERE. BUT THAT'S WHAT WE HAVE, THE CANDIDATES THAT WE WERE PRESENTED WITH OUR ALMOST ALL CITY OFFICIALS, COUNCILMEMBERS OR MAYORS AND I BELIEVE CARRIE WOULD DO A REALLY GOOD JOB, SHE IS ENTHUSIASTIC AND SHE WORKS REALLY HARD SO I AGREE WITH THE MAYOR THAT SHE IS THE BEST

CANDIDATE. >> COUNCIL, ANY SUGGESTIONS,

QUESTIONS OR COMMENTS. >> I WILL ENTERTAIN A MOTION.

MAYOR PRO TEM SHINDER. >> I MOVE THAT WHATEVER WE ARE DOING, THAT WE VOTE FOR, WE CAST HER CITIES VOTE FOR CARRIE GORDON FOR THE POSITION ON THE DALLAS CENTRAL APPRAISAL

DISTRICT BOARD OF DIRECTORS. >> IS THERE A SECOND.

>> DID YOU HIT RTS? THERE IT IS.

COUNCIL MEMBER. >> I SECOND THAT.

THEY IS DIMINISHED INTO MOTION BY MAYOR PRO TEM SHINDER, A SECOND BY MAYOR BRITTON, CALLED THE VOTE.

>> THAT ITEM CARRIED UNANIMOUSLY FOR MAYOR CARRIE GORDON.

[6B. Consider and take action on a request by Gregory Cole for an Alternative Landscaping Plan under Section 77-504.I of the Rowlett Development Code to allow a natural buffer as screening under section 77-207 (D)(2)(b) of the RDC for property adjacent to the DART rail line. The property is zoned Industrial Overlay (IO) District. The approximately 1.35-acre site is located on 4811 & 4821 Grisham Drive, being Lot 3 & 4 of Toler Industrial Park 3, in the City of Rowlett, Dallas County, Texas.]

SIX BE CONSIDER AND TAKE ACTION ON THE REQUEST BY GREGORY COLE FOR AN ALTERNATIVE LIEN SKIPPING PLAN UNDER SECTION 77 -- 504 OF THE ROLLA ELEMENT CODE TO ALLOW NATURAL BUFFER AS A SCREENING UNDER SECTION 77 -- 207 OF THE DROPLET DART ROW LINE.

THE PROPERTY IS ZONED INDUSTRIAL OVERLAY.

IT IS A PROXIMALLY 1.35-ACRE SITE IS LOCATED 4811 AND 421 GRISSOM DRIVE BEING LOT THREE AND FOUR OF TOLER INDUSTRY PARK THREE AND THE CITY OF ROWLETT TEXAS COUNTY TEXAS.

>> THIS IS WITHIN THE INDUSTRIAL OVERLAY DISTRICT SOUTH OF LAKEVIEW PARKWAY AND NORTH OF THE DART VIEW LINE.

THERE IS SEEKING TO EXPAND THEIR FACILITY WITH A BUILDING ADDITION. UNDER THE I OWE DISTRICT, SEPARATE LANDSCAPE REQUIREMENTS ARE REQUIRED FOR PROPERTIES THAT ARE ADJACENT TO THE DART AND WOULD ALSO NOTE THAT THE PLANNING AND ZONING COMMISSION DID RECOMMEND APPROVAL OF THIS ITEM UNANIMOUSLY AT THEIR MEETING ON OCTOBER 24 OF 2023.

SO SPECIFICALLY THE PROPERTIES WITHIN THE INDUSTRIAL OVERLAY DISTRICT THAT HAVE SIDE OR REAR YARDS MUST HAVE A SCREENING BUFFER ALONG THE PROPERTY LINE, THERE ARE TWO METHODS THAT MAY BE USED, AND EVERGREEN BUFFER WHICH WOULD BE PLANTED ADDITIONAL EVERGREEN TREES FROM THE APPROVED LIST OR A NATURAL BUFFER THAT WOULD BE EXISTING FOLIAGE THAT ALREADY PROVIDES YEAR-ROUND SCREENING THAT WOULD BE APPROVED WITH AN ALTERNATIVE LANDSCAPE PLAN FOR 77504 OF THE CITY CODE.

APPLICANT IS REQUESTING ALTERNATIVE LANDSCAPE TO ALLOW FOR A NATURAL BUFFER INSTEAD OF EVERGREEN BUFFER THAT WOULD BE REQUIRED IN THE OTHER COMPLYING WITH THE SECTION OF THE CODE.

AN ALTERNATIVE LANDSCAPE PLAN FOR THE COUNCIL RECOLLECTION MAY ALLOW FOR MODIFICATION TO THE LANDSCAPE ORDINANCE THAT ADDRESSED THINGS SUCH AS THE PREMIER LANDSCAPE IN THE TREES AND SHRUBS PLANTED IN IT AND THE RIGHT AWAY BUFFER, THE COMPATIBILITY BUFFER STANDARDS AND COMPATIBILITY A DUMPSTER AND TRASH COMPACTOR SCREENING THIS FOCUSES US ON MANY TREES AND SHRUBS ON THE BUFFER ALONG THE RAIL LINE.

THIS IS ON THE LEFT-HAND SIDE THE SITE PLAN OF THE PROPERTY, THE EXISTING PROPERTY IS ON THE LEFT-HAND SIDE WHICH HAS A

[00:40:01]

NATURAL BUFFER ALREADY IN PLACE. THE NEW DEVELOPMENT WOULD HAPPEN IN THAT AREA RIGHT HERE, THAT WOULD BE THE NEW BUILDING THAT WOULD BE ADDED AND THEY WOULD ADD FIVE ADDITIONAL LANDSCAPE TREES THAT WOULD OVERTIME GROW UP INTO AN OPEC BUFFER WITH THAT. THERE ARE APPROXIMATELY 39 TREES ALREADY IN EXISTENCE PROVIDING THAT EXISTING NATURAL BUFFER ON THE EXISTING DEVELOPED PORTION OF THE SITE.

THESE ARE SOME PHOTOS OF THE BUFFER THAT WAS TAKEN A MONTH AGO THAT SHOWED THE FOLIAGE IN THE SCREENING ALREADY IN PLACE.