Mar 05, 2024 City Council Meetings

[1. CALL TO ORDER (6:15 P.M.)]

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IS 6:15 P.M. CITY COUNCIL HAS A QUORUM PRESENT IN THE CITY HALL CONFERENCE ROOM , AS AUTHORIZED BY SECTION 55101 OF THE TEXAS GOVERNMENT CODE. THIS MEETING WILL CONVENE IN A CLOSE EXECUTIVE SESSION FOR -- ADVISED BY THE CITY ATTORNEY.

THE RECESS WILL REALIGN THE REGULAR SESSION FOR EXECUTIVE SESSION TO ORDER PRIOR TO ADJOURNING. FOR IN PERSON, STANDARDIZATION FORMS AND INSTRUCTIONS ARE AVAILABLE INSIDE THE DOOR THE CITY COUNCIL CHAMBERS. SO, IT

[2. EXECUTIVE SESSION (6:15 P.M.) (Part 1 of 2)]

WE WILL CONVENE INTO EXECUTIVE SESSION , PRESUMING SECTION GOVERNMENT CODE SECTION 55401, FOR EMPLOYMENT, EVALUATION, REASSIGNMENT DUTIES, DISCIPLINE,

[3A. Request for Appointment of a Subcommittee to Review and Recommend Revisions to Code of Ethics. (20 minutes)]

>> THAT'S AFTER THE REGULAR SESSION. SORRY.

>> OKAY. THIS IS SOMETHING -- THIS PARTICULAR REQUEST MOVED OUT OF OUR COMMISSION SUBCOMMITTEE DISCUSSIONS. BUT THIS IS SOMETHING THAT I HAVE BEEN ASKING FOR SINCE I GOT ON THE COUNCIL. TO HAVE A REVIEW OF RECOMMENDED REVISIONS FOR THE CODE OF ETHICS BECAUSE IT WAS LAST AMENDED IN 2020 , AND THAT WAS A GOOD AMENDMENT. BUT THERE WERE SOME UNINTENDED CONSEQUENCES WITH THOSE AMENDMENTS, AND THERE WERE SOME REVISIONS THAT WERE BROAD, OR VAGUE, OR OPEN TO INTERPRETATION , AND THE PROCESS IN PARTICULAR FOR ENFORCEMENT THE PERSON WHO IS THE SUBJECT OF A CODE OF ETHICS IS A CITY COUNCILMEMBER IS A LITTLE BIT -- IT PUTS THE COUNCIL THEY ARE AS THE ACCUSER, THE INVESTIGATOR, THE JUDGE, THE JURY, AND ALL IN ONE. THAT MAY NOT BE THE BEST AND FAIREST WAY TO DO THAT. I THINK THAT THE PROCESS IN PARTICULAR REALLY NEEDS TO BE REVIEWED. SO, OUR SUBCOMMITTEE CAME UP WITH SOME RECOMMENDATIONS. THE CODE OF ETHICS IS A PART OF THE COMMISSION'S HANDBOOK THAT WE WERE REVISING . WE THINK THAT IT IS IMPORTANT ENOUGH AND IT IS BIG ENOUGH THAT IT NEEDS TO BE DONE AS A SEPARATE PROJECT.

AND ALSO, THAT THE CODE BE APPLICABLE TO ALL OF THE MEMBERS, AND NOT JUST THE AUTHORS OF THE CITY, WHICH WE THINK THE CITY COUNCIL CAN HANDLE. THAT WOULD BE SOMETHING ELSE FOR THE SUBCOMMITTEE THAT IS BEING REQUESTED TO DISCUSS, AND COME UP WITH A RECOMMENDATION ON.

OBVIOUSLY, I WOULD LIKE TO BE A PART OF THAT, BECAUSE THAT IS SOMETHING THAT I HAVE BEEN INTERESTED IN DOING FOR A VERY

LONG TIME. >> I WOULD LIKE TO BE A PART OF

IT. THAT'S GREAT. >> NO, I MEAN DO YOU HAVE

ANYTHING TO ADD? >> OH, NO, I DON'T HAVE ANYTHING TO ADD. IT'S MORE OF A VOTE OF SUPPORT. SO, I ALSO SUPPORTED THIS EFFORT . SPEAKING FROM QUITE A BIT OF EXPERIENCE ON THIS TOPIC IN MORE THAN ONE WAY. ONE BEING THE WAY TO SPEARHEAD THE AMENDMENT . YOU REMEMBER IT, I

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IN THE MAIN PART OF IT THAT I WASN'T PLEASED WITH, ALTHOUGH IT WAS PART OF THE COMPROMISE , WAS THAT THE COUNCIL, IN EFFECT, IS THE JUDGE AND JURY HERE. AND I THOUGHT THAT THAT PUTS US IN AN UNCOMFORTABLE, UNSUITABLE, UNFAIR POSITION AS MEMBERS OF THE COUNCIL AND THE POLITICAL BODY TO BE TAKING THAT ROLE . THAT IS NOT DONE IN MANY SERIES THAT I HAVE DONE RESEARCH ON BACK THEN, AND THAT IS FOR A GOOD REASON. IT IS FOR THE REASON THAT YOU FAST-FORWARD TO 2022 , AND YOU ALL KNOW WHAT HAPPENED GOOD AND WELL WITH ME. I DON'T LIKE TO USE THE WORD VICTIM, BUT BEING A SUBJECT OF AN ETHICS COMPLAINT THAT WAS BASED UPON FALSE ALLEGATIONS. MY SUGGESTION AS PART OF THIS PROCESS IS THAT WE NOT ONLY LOOK AT THE CODE OF ETHICS HOLISTICALLY, WE GO BACK AND COMPARE AGAIN. I DID THE COMPARISON, GO BACK, COMPARE AGAIN, SEE IF ANYTHING ELSE HAS CHANGED , AND THEN CONSIDER ADOPTING A POLICY THAT IS MORE IN LINE WITH WHAT IS TRADITIONALLY DONE , WHICH IS THAT THE CITY ATTORNEY , THIS IS WHAT I HAVE SEEN. THIS MAY NOT BE THE RIGHT ANSWER. THAT THE CITY ATTORNEY WOULD APPOINT AN OUTSIDE BOARD OR A DIFFERENT INDIVIDUAL TO DO AN INDEPENDENT INVESTIGATION INTO AN ALLEGATION. IF THAT ALLEGATION HAS SUBSTANCE.

THAT KEEPS COUNSEL OUT OF PLAYING THE ROLE THAT THIS POLICY CURRENTLY SETS US OUT TO PLAY , AND WE ARE NOT THE BAD GUYS . IT IS NOT OUR JOB TO BE. SO, QUESTIONS ON THAT? ANY COMMENTS ON THAT? YOU HAVE ANY COMMENTS ON THAT FROM YOUR

PERSPECTIVE? >>

] >> I GUESS THE ONLY THING THAT I WOULD SAY IS I WOULD LIKE TO MAKE SURE THAT IT IS INCLUDED IN THE SUBCOMMITTEE MEETINGS FOR THIS.

>> CORRECT ME IF I AM WRONG, CITY MANAGER, BUT THIS IS A

POLICY FOR CITY COUNCIL. >> I APPRECIATE THE CONSIDERATION, AND WE RESPECT AND CONSIDER IT THESE OTHER DISCUSSIONS. WITH RESPECT TO THE ETHICS, ESPECIALLY BECAUSE IT DOES NOT NECESSARILY BIND TO THE OTHER ETHICS CONSIDERATIONS, I WOULD RATHER NOT BE INVOLVED IN THIS

CONVERSATION AT THIS POINT. >> THEY HAVE THEIR OWN SEPARATE EMPLOYEE TO LOOK AT, AND THE CITY MANAGER LOOKS AT THAT PROCESS. THERE IS REALLY NOT ANY GRAY AREAS HERE.

>> THIS IS BINDING THE COUNCIL AND OTHER SUCH BOARDS AND ENTITIES. I WOULD RATHER NOT. IF YOU THINK THAT WE CAN PROVIDE SOME ADVICE OF SOME SORT, WE ARE HAPPY TO DO SO, BUT IT ALSO CAN BE VERY STICKY WHEN YOU ARE TALKING ABOUT THE ETHICS OF YOUR BOSS. THAT IS WHY I'M GLAD I AM NOT THE JUDGE OF THE COUNCIL, BEING RESPECTIVE OR OTHERWISE.

>> I WOULD LIKE TO BE ON IT, JUST GIVEN MY PAST EXPERIENCE WITH BEING INVOLVED WITH WHAT IS CURRENTLY ADOPTED , AND ALSO HAVING THE UNDERSTANDING OF THE PATH I WOULD LIKE TO SEE YOU US TAKE WITH THE DRAFTED VERSION THAT WILL COME BACK TO

COUNSEL. >> I THINK YOU HAVE A UNIQUE

PERSPECTIVE. >> YEAH, TAKE ADVANTAGE OF IT.

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>> OKAY. SO, ON THE FLOOR, WE NEED A THIRD PERSON. YOU INDICATED THAT YOU WOULD LIKE TO BE ON IT?

>> SURE, UNLESS SOMEONE ELSE HAS A DESIRE TO.

>> OKAY! >> I WILL THROW MY HAT IN THE

RING IF GIVEN. >> HAVE MAYOR MARGOLIS, DEPUTY MAYOR WINGET, AND MYSELF. IS THERE ANYONE IN OPPOSITION? ANY OPPOSITION TO HAVING THIS REVIEWED? OKAY. EVENTUALLY, WE WILL COME BACK WITH THE DRAFTED RECOMMENDATION TO DISCUSS THAT DRAFT.

>> AND I WILL BRING SOME COMIC RELIEF.

[4. DISCUSS CONSENT AGENDA ITEMS]

>> ABSOLUTELY! ALREADY THEN. THAT CONCLUDES OUR WORK SESSION, SO LET'S LOOK AT THE CONSENT AGENDA ITEMS. I WOULD LIKE TO PULL ITEM 7D. I HAVE QUESTIONS FOR STAFF ON THAT.

SO, PULLING ITEM 7D FOR CONSIDERATION CONSIDERING OUR TRAIL CREEK PARTNERS. AND ITEM 7D, WHICH IS CONSIDER ACTION TO DESIGNATE THE CITY ATTORNEY.

>>

>> SURE! >> ABSOLUTELY. ANYTHING ELSE? OKAY. I THINK WE HAVE TIME TO --

[2. EXECUTIVE SESSION (6:15 P.M.) (Part 2 of 2)]

>> WE CAN ALWAYS START LEADER. IT IS UP TO THE COUNCIL.

>> YEAH, LET'S GET OUR EXECUTIVE SESSION OUT OF THE WAY. LET'S READ THAT INTO THE RECORD, AND THEN ITEM 2B , THE CITY COUNCIL SHALL CONVENE INTO EXECUTIVE SESSION PURSUANT OF TEXAS GOVERNMENT CODE 55 ONE .00 AND ONE, CONSULTATION WITH ATTORNEY, AND 55 ONE .078, ECONOMIC DEVELOPMENT, AND TO DISCUSS AND RECEIVE LEGAL ADVICE ON THE ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT -- IN OR NEAR THE GOVERNMENT BODY IN WHICH THE GOVERNMENT BODY IS CONDUCTING DEVELOPMENT NEGOTIATIONS WITH, AND TAKE ANY NECESSARY ACTION RELATED THERETO. WOW, THAT WAS A MOUTHFUL. WITH THAT'S, LET'S CLEAR THE ROOM.

WE HAVE ADJOURNED OUR ITEM 7D -- IS THAT CORRECT?

>> 2 B. >> 2 B,

[CONVENE REGULAR SESSION (7:00 P.M.)*]

>> PLEASE YOUR HEADS AND PRAYER. FATHER GOD, WE THANK YOU THAT YOU SIT IN THE HIGHEST SEAT OF AUTHORITY, AND THAT ALL AUTHORITY IS GIVEN FROM YOU. LORD, WE HAVE AN AWESOME CITY, AND I WOULD LIKE TO THANK EVERYBODY HERE IN THIS ROOM. I WOULD LIKE TO THANK EVERY RESIDENT THAT IS A PART OF THIS COMMUNITY , AND I PRAY FOR THE PEACE AND PROSPERITY OF THE CITY. I PRAY THAT JOY AND PROSPERITY WILL GO TO ALL THE FAMILIES AND PEOPLE WHO LIVE HERE, AND LORD, I ALSO TO THANK YOU FOR THE SPIRIT OF VOLUNTEERS THE PEOPLE WHO SERVE ON COMMISSIONS. I SERVED FOR BLESSINGS UPON THEM. OUR CITY STAFF, WE SEE THEM FIRSTHAND HOW HARD THEY WORK FOR OUR CITY, AND I THANK YOU FOR THEM. I ALSO PRAY FOR THIS GOVERNING BODY, MY FELLOW COUNCILMEMBERS. I PRAY THAT WE MAKE GOOD DECISIONS. THAT DECISIONS THAT TOMORROW, UP TO 40 YEARS FROM NOW, RESIDENTS WILL LOOK BACK AND SAY MAN, I MADE GOOD DECISIONS. PLEASE GIVE US THAT TYPE OF WISDOM.

IN JESUS NAME, AMEN. >> OKAY, NOW FOR THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. INTO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. NOW, THE TEXAS FLAG. HONOR THE TEXAS

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ACTUALLY, NOT ME, THOUGH.

[5A. Rowlett Veterans Recognition Program presentation of certificate to Veteran Andrew Dorcas.]

HIS SERVICE, LIKE THOSE BEFORE HIM, A DOUBLE FIGHT COURAGE, SACRIFICE, AND PATRIOTISM OF THE HIGHEST ORDER. I WILL NOW TURN IT OVER TO CHRIS WITH THE VETERANS RESOURCE AND OUTREACH CENTER TO SPEECH MOORING THIS.

>> GOOD EVENING. LOOK, WE ARE HERE TODAY TO HONOR OUR 32ND RELIC VETERAN. THIS IS A LITTLE BIT OF COURSE FOR THE SECOND , BUT THE SELECTION PROCESS HAS BEEN PRIMARILY DONE BY THE VETERANS RESOURCE CENTER. OUR SELECTION PROCESS COMES WITH A HIGH PRIORITY FOR THOSE INDIVIDUALS WHO SERVE OUR COUNTRY BETWEEN THE 1940S AND 2000. THAT IS OUR HIGH LEVEL.

WITH THE SPECIAL INTEREST IN THOSE VETERANS WHO SERVED IN COMBAT , IT IS OUR PRIORITY TO HONOR AND RECOGNIZE EVERY VETERAN WHO LIVES IN THE CITY OF ROWLETT , AND WE WOULD LIKE YOUR HELP. IF YOU KNOW A VETERAN WHO LIVES WITHIN OUR FINE CITY, WE ASK THAT YOU WOULD GIVE THEM THE RESPECT AND RECOGNITION THAT THEY DESERVE. WE INVITE YOU TO COME SEE US. OR, GIVE US A CALL . YOU CAN FIND US ON OUR WEBSITE AS WELL. IN OUR EMAIL ADDRESS -- YOU KNOW, THE PEOPLE THAT WE CHOOSE FROM ARE THE PEOPLE WHO COME TO US FROM REFERRALS THAT COME THROUGH OUR DOORS. I AM WILLING TO OPEN NOTHING UP TO EVERYONE WHO HAS FAMILY OR FRIENDS WHO ARE VETERANS, AND ASK THEM TO LET US KNOW. WE ARE HERE TO HONOR OUR NEXT RELIC VETERAN , MR. DORCAS. WELCOME. MR. DORCAS SERVED A TOTAL OF 30 YEARS IN THE MILITARY. 19 YEARS OF ACTIVE DUTY, AND 11 YEARS OF RESERVE DUTY. HE STARTED HIS CAREER WITH THE MARINE CORPS IN 1982 -- THERE YOU GO. FROM 1982 TO 1985, HE WAS TO WESTPAC TO NUMEROUS COUNTRIES IN SOUTHEAST ASIA. FROM 1985 TO 1989, HE WAS STATIONED IN NORTH CAROLINA AS AN AMPHIBIOUS ASSAULT VEHICLE CREW CHIEF. FROM 1985 TO 1989, -- I SAID THAT ALREADY. LET THE MARINE CORPS IN 1989, AND JOINED THE U.S. ARMY IN 1991. FROM 1999 , HE SERVED AS A FORWARD OBSERVER RESPONSIBLE FOR CALLING AIRSTRIKES , NAVAL GUNFIRE ARTILLERY, AND MORE GUN FIRE ON ENEMY POSITIONS. HE SERVED ONE YEAR IN KOREA, AND THEN WAS ASSIGNED TO THE TRAINING CENTERS IN LITTLE ROCK ARKANSAS AS AN OPPOSING FORCE FOR LIFE INFANTRY TACTICS AND TRAINING. THIS WAS AN AIRBORNE INFANTRY REGIMENT TO THE U.S. ARMY. THERE WAS A LOT MORE DETAILS THAT ANDREW GAVE ME THAT I HAD TO CUT AND

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>> HOW ARE YOU THIS EVENING? >> GOOD, I AM WELL.

>> GOOD TO MEET YOU. MY NAME IS LORI. THANK YOU FOR YOUR SERVICE. FANTASTIC. YOU HAVE TRAVELED MILES.

>> YES. >> THAT IS FANTASTIC. I VOLUNTEER WITH EQUALS AND VALOR FOUNDATION. SINCE THE INCEPTION OF THIS PATTERN RECOGNITION PROGRAM IN ROWLETT, I HAVE TAGGED ALONG WITH THEM TO REVISIT THE QUOTES OF VALOR, AND REPRESENT A QUILT TO THOSE RECOGNIZED HERE AS PART OF THIS PROGRAM. IF YOU ARE NOT FAMILIAR WITH GUILT AND VALOR, IT IS A PROGRAM TO PROVIDE SCHOOLS OF COMFORT AND HEALING TO THOSE WHO HAVE BEEN TOUCHED BY WAR. I AM SURE THAT THAT DEFINITELY -- YOU ARE DEFINITELY A CANDIDATE FOR THAT. IF YOU HAVE BEEN HERE BEFORE AND HEARD MY LITTLE INTRO FOR THE PROGRAM, I SPEAK ABOUT HOW THE ORGANIZATION HAS BEEN AROUND FOR ABOUT 20 YEARS NOW, AND HAS AWARDED OVER 380 WORDS OF VALOR , MOST OF THEM IN THE UNITED STATES. IT IS A VOLUNTEER ORGANIZATION IN A NONPROFIT GROUP. IT'S INDIVIDUALS FIND THAT THIS IS A WAY TO BE ABLE TO THANK AND RECOGNIZE THOSE WHO HAVE GIVEN SO MUCH TO HELP PROTECT OUR COUNTRY. THE WOMAN WHO STARTED HER SON WAS IN IRAQ AT THE TIME. ABOUT 20 YEARS AGO. SHE HAD A DREAM ONE NIGHT ABOUT IT WASN'T HER SON, BUT SHE HAD A DREAM SEEING A YOUNG MILITARY PERSONNEL ON THE SIDE OF HIS BED AT NIGHT. HE WAS VERY DISTRAUGHT. YOU KNOW HOW YOU COME IN AND OUT OF DREAMS, AND SOMETIMES THEY MAKE SENSE AND SOMETIMES THEY DON'T, WELL, THE NEXT THING SHE REMEMBERED IN HER DREAM IS THAT THIS YOUNG MAN WAS COVERED BY A CULT, AND HE WAS A LITTLE BIT MORE AT PEACE. AS ROBERT, THE FOUNDER OF THE ORGANIZATION, SHE WAS A CULTURE ALSO. SHE SAID THAT THAT WAS A STORY. THERE WAS THE REASON I HAD THIS DREAM. SO, SHE STARTED THE FOUNDATION. AS I SAID, THE ORGANIZATION HAS BEEN AROUND ABOUT 20 YEARS.

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WAYS. THANK YOU. >> ALL RIGHT. ON BEHALF OF THE CITY COUNCIL, THERE IS A CERTIFICATE OF RECOGNITION THAT THE FREEDOM AND SECURITY THAT CITIZENS OF THE UNITED STATES ENJOY TODAY ARE DIRECT RESULT OF THE BLOODSHED AND CONTINUED VIGILANCE GIVEN BY THE UNITED STATES ARMED FORCES OR THE HISTORY OF OUR GREAT NATION AND DEFENDING THE CONSTITUTION , PROTECTING THE BLESSINGS OF LIBERTY, AND PAYING THE PRICE OF FREEDOM FOR US ALL. WE ARE ETERNALLY GRATEFUL FOR THOSE WHO HAVE SEEN THE HORRORS OF WAR , AND THE WORST OF SOCIETY, YOU CONTINUE TO SERVE, AND TO THE BEST OF WHAT HUMANITY CAN BE. WE APPRECIATE YOUR SERVICE NOT JUST TO OUR COUNTRY, BUT TO OUR OWN CITY OF RELIC. THANK YOU

FOR YOUR SERVICE. >> THANK YOU. THANK YOU VERY

MUCH. >> WE ALSO WANTED TO RECOGNIZE THE VETERANS IN OUR AUDIENCE, BECAUSE I SEE FEW, IF YOU WOULD PLEASE STAND, ANY VETERANS IN HERE, PLEASE STAND. WE WANT TO APPRECIATE YOU FOR YOUR SERVICE. THANK YOU SO MUCH.

YOU DON'T HAVE ANYTHING TO SAY? THIS IS YOUR SPOTLIGHT.

YOU CAN ASK FOR A RAISE!

>> SHE ALREADY KNOWS THEY WANT A RAISE.

>> ALL RIGHT, THANK YOU SO MUCH, SIR. WE APPRECIATE IT.

YOU HAVE TO TAKE THAT! ALL RIGHT, OUR NEXT ITEM IN

[5B. Presentation of an award to Council from The Salvation Army for participating in the Mayors Red Kettle Challenge.]

>> GOOD EVENING. I AM SERGEANT BERNARD TOLD, AND I AM HERE WITH EMILY STEWART. WE ARE HERE TO BE HERE TONIGHT TO ACCESS OUR GRATITUDE TO THE MAYOR AND CITY COUNCIL MEMBERS WHO PARTICIPATED OUR 2023 RED KETTLE CHALLENGE. ALL OF YOUR INVOLVEMENT IS VITAL TO OUR MISSION TO SUPPORT INDIVIDUALS AND FAMILIES FACING HOMELESSNESS , POVERTY ADDICTION, FOOD AND SECURITIES, AND DOMESTIC VIOLENCE. THANKS TO SUCCESSFUL EFFORTS, YOU HELPED RAISE $568 DURING THE

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>> THANK YOU SO MUCH, SIR. WE APPRECIATE IT.

>> THERE WE GO. >> WE DEFINITELY DID NOT GET TIRED OF THAT. THAT IS AWESOME.

>> IS GOING TO STAY RIGHT UP HERE. INSTEAD OF A GAVEL, IT IS

A BELL. >> I WOULD ALSO LIKE TO SAY THAT NOT ONLY WAS IT AN HONOR TO PARTICIPATE IN THIS, BUT IT WAS A LOT OF FUN. I WANT TO RECOGNIZE THAT OUR CITY MANAGER ALSO CAME OUT AND RANG THE BELL, AS WELL AS OUR MAYOR'S

FATHER. >> YEAH, HE WAS THERE FOR ME.

I ALSO WANTED TO SAY, WE DO MORE THE SALVATION ARMY THAN THIS. WE ALSO PROVIDE FUNDING FOR THEM ANNUALLY SO THEY CAN PROVIDE OUR RESIDENTS WITH UTILITY ASSISTANCE WHEN THEY QUALIFY. IF YOU KNOW ANYBODY WHO IS STRUGGLING TO MAKE ENDS MEET, YOU CAN ALWAYS GO ON ROLLA.COM, AND LOCATE WHERE WE PROVIDE UTILITY BILLING ASSISTANCE. SO, THANK YOU.

THANK YOU ALL FOR BEING HERE. WE APPRECIATE IT. ALL RIGHT,

[5C. Presentation of the Texas Amateur Athletic Federation (TAAF) Awards to the Rowlett Parks and Recreation Department.]

DEPARTMENT. >> THIS IS ONE OF THE FUN ONES.

I THINK YOU ALL KNOW THAT I WAS ON THE PARKS DEPARTMENT OR THE PARKS ADVISORY BOARD FOR A NUMBER OF YEARS. SO, THIS IS REALLY SPECIAL. I'M REALLY PROUD OF OUR PARKS DEPARTMENT.

WHAT THEY WILL BE DOING, I WILL LET YOU TO DO THE AWARDS, BECAUSE I DON'T WANT TO STEAL YOUR THUNDER, BUT MARK LORD IS WITH THE EXECUTIVE DIRECTOR OF TAAF , THE TEXAS AMATEUR ATHLETIC FEDERATION. THAT IS A NONPROFIT ORGANIZATION ESTABLISHED IN 1925 TO ESTABLISH, ORGANIZE, AND CONDUCT ATHLETIC TO THE STATE OF TEXAS. THAT CONSISTS OF ORGANIZATIONS THAT ARE ACTIVE AND INTERESTED IN THE PROMOTION OF AMATEUR ATHLETICS , AND REPRESENTATIVES OF ONE OR MORE SPORTS IN THE RESPECTIVE COMMUNITIES. CURRENTLY, THE MEMBERSHIP CONSISTS OVER 140 NATIONS, AND OVER 210,000 INDIVIDUAL PARTICIPANTS. WE WILL BE PRESENTING THE UNPROFESSIONAL AWARD -- EXCUSE ME, THE SUSAN JARED PROFESSIONAL AWARD, AS WELL AS THE TAAF AWARDS. SO, I WILL

LEAVE IT WITH YOU. >> COUNSEL, THANK YOU SO MUCH FOR THE OPPORTUNITY. LIKE HE SAID, I AM THE EXECUTIVE DIRECTOR. THIS IS THE FUN PART OF MY JOB. WE HAVE CLOSE TO 80 MUNICIPALITIES , PARKS AND RECREATION'S DEPARTMENTS THAT ARE IN IT, AND THEN OTHER ORGANIZATIONS ARE PRIVATE TRUCK CLUB SWIM TEAMS, AND GYMNASTICS. WE HAVE TWO MULTISPORT FESTIVALS THAT WE DO . THE SUMMER AND WINTER GAMES OF TEXAS, AND WE WILL BE 100 YEARS OLD NEXT YEAR. I WAS NOT AROUND WHEN IT WAS ORGANIZED. THIS IS A GREAT PART, BECAUSE A LOT OF TIMES, CITIES DON'T KNOW WHAT THEIR STAFF HAS DONE WITH THEIR DEPARTMENTS, AND THIS ARE TWO OF OUR BIGGEST WORDS. THE FIRST ONE I WOULD LIKE TO DO -- I HAVE TO GET SOME EYES. IT IS THE SUSAN JARED YOUNG PROFESSIONAL AWARD.

IT IS PRESENTED TO REAGAN SHOT, CITY OF ROWLETT, AND RECOGNITION OF HER DEDICATED SERVICE AND EFFORTS TO PROMOTE TEXAS AMATEUR ATHLETIC FEDERATION , THE CITY OF ROWLETT, TAAF REGION SEVEN, AND THE TAAF REGION OF TEXAS.

REAGAN HAS BEEN PART OF TAAF FROM 2019, AND HAS HELD MANY

[00:35:07]

>> IF I DON'T TAKE A PICTURE, IT DID NOT ACTUALLY HAPPEN.

>> PERFECT. WE ARE GOOD. >> THANK YOU.

>> WE APPRECIATE IT. >> ALL RIGHT, OUR NEXT ITEM IS

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

FROM OUR ECONOMIC AND COMMUNITY ENGAGEMENT DEPARTMENT, IT IS TIME FOR LUNCH ON THE LAWN. JOIN US ON THE DOWNTOWN GREEN EVERY MONDAY IN THE MONTH OF MARCH FROM 11:00 A.M. TO 2:00 A.M. FOR AN ARRAY OF AMAZING FOOD TRUCKS AND VENDORS. I WAS OUT THERE THIS LAST MONDAY, AND IT WAS QUITE A SUCCESS. IT WAS A BIG SHOWING, AND IT KEPT OUR FOOD TRUCKS BUSY. WE DEFTLY WANT TO JOIN THE FUN NEXT WEEK. AND JOIN US FOR A PUPAPALOOZA.

TAKE PICTURES WITH YOUR FAVORITE BUDDY, AND WELL BEHAVED TO LIKE IT MEMBERS ARE ABLE TO COME TAKE ADVANTAGE OF OUR FOOD TRUCKS. THE EASTER EXCEPT GET IT WILL TAKE PLACE ON SATURDAY, MARCH 23RD , AND KIDS OF ALL AGES AND ABILITIES ARE WELCOME. FROM OUR PUBLIC LIBRARY, BRALETTE SINGS IS A VOCAL COMPETITION IN APRIL, AND YOU CAN SUBMIT A VIDEO OF YOUR SINGING ABILITIES TO THE ART HUMANITIES ADMISSION BEFORE MARCH 31ST. THERE IS ALSO A GROUP CATEGORY WERE UP TO 16 PEOPLE CAN PERFORM TOGETHER. FOR MORE DETAILS, YOU CAN VISIT BRALETTE.COM FOR THE PERFORMANCE ON SATURDAY. IN ADDITION, SATURDAY, MARCH 9TH, YOU CAN ENJOY SCIENCE, ART, AND MATH AT THE MUSEUM. THIS ESTEEMED PROGRAM STARTS AT 10:00 I AM ON MARCH 9TH. YOU CAN ALSO ENJOY A DISNEY STAYCATION AT THE LIBRARY OF SPRING BREAK FEATURING DISNEY PROJECTS AND MOVIES AT 10:00 A.M. ALSO FROM THE LIBRARY, DO YOU WANT TO GIVE BACK TO OUR COMMUNITY? LIBRARY NEEDS VOLUNTEERS TO HELP TUTOR GED STUDENTS. YOU CAN GO TO THE WEBSITE TO COMPLETE THE AND VOLUNTEER APPLICATION. THE MARCH WELLNESS HIKE HOSTED BY THE PARKS AND RECREATION BOARD WILL TAKE PLACE ON SATURDAY, MARCH 9TH, AT 8:00 A.M.. YOU CAN JOIN US FOR A NIGHT OF OUTDOOR FUN ON THE PARK ON APRIL 13 FOR THE RALEIGH FAMILY CAPITAL. YOU MAY CALL OR VISIT THE ROLLA COMMUNITY CENTER OR REGISTER ONLINE. AND THAT IS IT FOR THE ANNOUNCEMENTS FROM THE DEPARTMENTS. COUNCILMEMBERS? COUNCILMEMBER SHINDER?

[00:40:07]

>> YES. MY FEATURED ANIMALS. HERE IS THIS WEEK'S PET SPOTLIGH, AND HIS NAME IS BILLY. HE ACTUALLY WROTE THIS DESCRIPTION HERE FOR US THIS TIME. HI THERE. I AM BILLY, THE FUN-LOVING AND CURIOUS BLACK AND WHITE PUP THAT YOU HAVE BEEN LOOKING FOR. I MAY BE A BIT SILLY AND ENERGETIC, BUT I AM ALSO A GOOD BOY WHO IS ALWAYS UP FOR ADVENTURE. TO SPITE MY GOOFY ANTICS, I PROMISE I AM A WELL BEHAVED PUP WHO LOVES GOING ON WALKS, SNIFFING FLOWERS, AND GETTING LOTS OF LOVE AND ATTENTION. I AM HOUSETRAINED, GREAT ON A LEASH, AND ENJOY TOUCHING MY PEOPLE AT ALL TIMES. IF YOU ARE LOOKING FOR A LOYAL AND PLAYFUL COMPANION, THAT IS ME.

COMING AT THE ROWLETT ANIMAL SHELTER, AND LET'S SEE IF WE CAN BE FOREVER PALS. SO, IF YOU'D LIKE TO MEET BILLY OR ANY OF THE OTHER 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 2:00 P.M. TUESDAYS THROUGH SATURDAYS. THE ROLLA ANIMAL SHELTER IS AT CAPACITY, AND ALL ADOPTIONS ARE FREE NOW. PLEASE, PLEASE STOP BY AND FIND YOUR PERFECT MATCH TODAY. THAT'S A WHOLE LOT OF ANIMAL THINGS THAT ARE GOING ON. AND HERE IS ANOTHER ONE. IT IS GOING TO BE SUPER SATURDAY ON MARCH THE NINTH AT KAYAK CROSSING OUTPOST. IT IS ALSO GOING TO BE PET APPRECIATION DAY FROM 9:00 TO 1:00 P.M. HALF-PRICE RENTALS FOR PETS AND THEIR HUMANS. HUMANS CAN COME ALONG WITH THEM. THERE IS ALSO GOING TO BE A LOW-COST SHOP CLINIC IN PARTNERSHIP WITH THE TEXAS COALITION FOR ANIMAL PROTECTION IN A ROWLETT FRIENDS AND ANIMALS. THE U.S. COAST GUARD WILL BE THERE TO DO PET PHOTOS ALSO FROM 10:00 TO 12:00 IN CELEBRATION OF PET APPRECIATION DAY. AND FOR YOU HUMAN FOLKS, THE U.S. COAST GUARD WILL ALSO DO BOAT INSPECTIONS FROM 10:00 TO NOON, AND FREE SAFETY INSPECTIONS OF KAYAKS AND CANOES. ALSO COMING UP IS OUR 2020 4H AWAY LEGAL CLINIC . I DON'T THINK THERE ARE ANY ANIMALS INVOLVED IN THAT ONE, BUT IT WILL BE HELD ON SATURDAY, MARCH 23RD FOR THE 2020 4H AWAY LEGAL CLINIC HOSTED BY THE CITIES OF ROWLETT. BOARD MEMBERS ARE WELCOME TO ATTEND FOR A MORNING OF LEGAL TRAINING. THIS YEAR, THE CLINICAL BE TAKING PLACE AT THE EVENT CENTER AT 2000 EAST SPRING CREEK PRKWAY FROM 8:30 A.M. TO 12:30 P.M. IT IS FREE, AND BREAKFAST IS EVEN INCLUDED, BUT YOU DO NEED TO REGISTER, AND AMORTIZATION CAN BE DONE AT ROWLETT.GOV . IF YOU ÚDO NOT GET THAT, ASK ME AFTERWARDS , AND I WILL GIVE IT

TO YOU. >> ALL RIGHT. DEPUTY MAYOR

WINGET? >> THANK YOU, MAYOR. NO WEBSITES IN MY PRESENTATION. -- CHECK OUT ALL OF THE GREAT FOOD THAT ROLLA HAS TO OFFER. MORE IMPORTANT, TICKETS ARE ONLY $5.00. YOU CAN BASICALLY HAVE A MEAL THERE BECAUSE OF ALL THE TABLES YOU HAVE THERE. IT IS LIKE WALKING THROUGH SAM'S, RIGHT? STOP BY. FOR FIVE DOLLARS, YOU CAN'T EVEN GO TO A FAST FOOD JOINT AND GET A MEAL FOR $5.00. THANK YOU.

[6. CITIZENS’ INPUT]

>> YES, MAYOR. WE HAVE DAVE HALL, AND HE WOULD LIKE TO SPEAK ON TWO ITEMS TONIGHT. ITEM 7D, AND ALSO 6929 MILLER

ROAD. >> ALL RIGHT. STATE YOUR NAME AND CITY RESIDENTS, AND YOU WILL HAVE THREE MINUTES.

>> DAVE HALL, ROWLETT. TONIGHT, I WANT TO SHOW YOU HOW THE OLD CITY ATTORNEY'S RELATIONSHIP WITH ALL STAFF RESIDENCE TO PROVIDE A ZEALOUS DEFENSE FOR THE CITY. THERE WERE FALSE AND MISLEADING STATEMENTS FROM STAFF, AND IMMORTALIZED THEM IN HIS LETTERS TO ME AND MY ATTORNEY. THE THING ABOUT A FALSE STATEMENT IS OVERTIME, THE TRUTH USED BECOMES

[00:45:01]

THAT WAS APPROVED BY THE CHIEF OFFICER. SOME OF YOU MAY REMEMBER THAT THE TIMELINE AND DOCUMENT THAT I SHARED WITH YOU IN A WORK SESSION, WHERE CITY MANAGERS HAD A STATEMENT THAT WAS PROVEN FALSE BY THE TIMELINE OF DOCUMENTS. BUT YET, HE WAS ALLOWED TO GET AWAY WITH THIS. I RECEIVED A VERBAL MESSAGE THAT WHILE I WAS RIGHT, IT WOULD BE USELESS TO PURSUE THIS THROUGHOUT THE CITY, AND THE CITY SHOULD TURN THIS OVER, AND DELAY AND FILE MOTIONS UNTIL I RAN OUT OF MONEY AND DROPPED IT. A BETTER ALTERNATIVE WOULD BE TO LET COUNSEL ASKED TO HAVE THIS FIXED. THE COUNCIL ASKED THE STAFF TO FIX THIS. IT IS LIKE ASKING A FOX TO GUARD THE CHICKEN COOP. IT GETS BETTER. ACCORDING TO THE PHASE THREE MILLER ROAD WIDENING ENGINEERED SEALED PLANS OBTAINED BY AN OPEN RECORDS REQUEST, THE CITY DOESN'T EVEN NEED THE RIGHT-OF-WAY. WHEN THE CITY ATTORNEY ASKED WITH ALL STAFF LIKE THIS, IT CREATES A CULTURE WHERE MISTAKES AND BAD PERFORMANCE BECOME HIDDEN, AND ENTER THE NORM AND NOT THE EXCEPTION. WHILE THIS IS DETRIMENTAL TO ME AND THE RESIDENT, IT DAMAGES ROUTES REPUTATION WITH CITIES AND BUSINESSES. THE STAKES AND ERRORS BY STAFF RECOGNIZE AND USE AS A TEACHING MOMENT TO STRIKE THEM WITH A POSITIVE CULTURE IN ROWLETT. IN THE PRIVATE SECTOR, THE LAWYERS AND CPAS WILL GO TO THE BOARD OF DIRECTORS, AND TELL THEM THEY NEED TO CLEAN UP THE SIMILAR PROBLEMS BEFORE THEY BECOME LARGER'S. I HOPE THE NEW CITY ATTORNEY WILL USE THEIR POSITION TO THINK IN A POSITIVE CULTURE HERE IN ROLLA. NEXT ONE. THREE MINUTES HERE. TONIGHT, I WOULD LIKE TO UPDATE YOU ON THE STATUS OF MY FOUR ACRES ON THE EAST SIDE OF THE RAILROAD ON MILLER ROAD. THIS IS THE AREA FOR YOUR BUILDING MILLER ROAD ON MY PRIVATE LAND WITHOUT THE RIGHT-OF-WAY ACQUISITION OR MY PERMISSION. EXHIBITS FOUR, FIVE, AND SIX SHOW A DUMPSTER AND PILES OF CONSTRUCTION DEBRIS FROM THE ROAD WIDENING AND ILLEGAL DUMPING. THESE PICTURES ARE FROM THIS MORNING. THE VERBAL AGREEMENT I HAD THAT MY PROPERTY WOULD BE RETURNED TO ME AFTER THE ROAD CONSTRUCTION WITH ALL OF THE ILLEGAL DUMPING REMOVED, AND IN THE SAME PRIOR CONDITION. NOW THE CITY ENGINEER IS ARGUING WITH ME, DENYING WHAT WE AGREED TO. IN ADDITION, I HAVE AN EMAIL STATING THAT THERE WAS NO VIOLATIONS ON THIS PROPERTY BACK IN MAY WHEN IT WAS RETURNED TO ME. THE CITY ENGINEER IS ARGUING WITH ME, AND THEY ARE THE SAME INDIVIDUAL WHO HAS HIS SIGNATURE AND NAMES ON ALL THE PERMITS AND CORRESPONDENCE LEADING TO THE DAMAGE DONE TO MY PROPERTY. IN ADDITION, THE CITY ENGINEERS HAVE PROMISED TO GIVE ME A TOPOGRAPHIC SURVEY OF MY PROPERTY FOR MY PERMISSION TO LET THE CITY HAVE MY PROPERTY SURVEYED. I GAVE MY PERMISSION, THE SURVEYS HAVE COME AND GONE, AND A TOPOGRAPHIC SURVEY HAS BEEN DELIVERED TO ME. I WANT THAT SURVEY. SEVERAL MONTHS AGO, THE MILLER ROAD CONTRACTOR CAME OUT AND BUILD SOMETHING TO BLOCK A INTEREST TO MY PROPERTY OF ILLEGAL TRESPASSERS. THIS IS NEEDED FOR THE POLICE CRIMINAL TRESPASS CITATIONS. YESTERDAY, THE CONTRACTOR CAME OUT AND CLEARED AWAY MORE THE EU WILL DUMPING. IN ADDITION, HE REMOVED THE EARTH. THAT NEEDS TO BE REPLACED, OR ALSO WILL BE ABLE TO HAVE ANY ILLEGAL TRESPASSERS ARRESTED. WOULD YOU PLEASE REPLACE THIS? WHEN YOU PERFORM THE WIDENING OF MILLER ROAD NEXT TO MY SHOP ON THE OTHER SIDE OF THE RAILROAD , -- MANAGE THE PROJECT AND DID A FINE, OUTSTANDING JOB. WHO IS MANAGING THE PROJECT IN FRONT OF MY FOUR ACRES? WHO IS RESPONSIBLE FOR THIS MESS? I HAVE NEVER ASKED FOR A PENNY OF COMPENSATION FOR THE IRRESPONSIBLE WAY YOU HAVE TREATED MY PROPERTY, AND THE DISRESPECT SHOWN TO ME BY OLD STAFF. I LOVE THE CONTRACTOR TO USE MY LAND AND DAMAGE IT TO HELP SPEED UP THE CONSTRUCTION OF THE MILLER ROAD WIDENING.

ALL I HAVE ASKED IS THAT MY LAND BE RETURNED TO ME IN ITS ORIGINAL CONDITION. DURING THE LAST COUNCIL MEETINGS, THE COUNCIL HAS APPROVED ABOUT $1,000,000.00 FOR ROAD CONSTRUCTION RIGHT-OF-WAY ACQUISITION. WHY ARE YOU ACTING SO IRRESPONSIBLE TOWARDS ME? THANK YOU FOR THE OPPORTUNITY

TO ADDRESS THE COUNCIL. >> THANK YOU. FOR FUTURE REFERENCE , WE ALLOW CITIZEN INPUT FOR INDIVIDUALS THREE MINUTES. PERIOD. SO, GOING FORWARD, WE WILL KEEP IT TO THREE MINUTES. THANK YOU. ANY OTHER COMMENTS?

>> YES. STANLEY POLLARD WANTS TO SPEAK ON BONDS.

>> ARRAY. THANK YOU, PLEASE COME FORWARD, AND THE JOURNEYMEN RESIDENTS. YOU HAVE THREE MINUTES.

>> MAYOR COUNCIL, ROWLETT, TEXAS. I'M HERE TODAY TO TALK ABOUT BONDS. CITY COUNCIL PUT FORTH FOR THE PUBLIC VOTE A BOND ISSUE FOR 51.3 MILLION TO COVER MANY ITEMS NEEDED IN THE CITY. AND ALSO, CEOS OF 65 MILLION FOR A TOTAL OF -- I

[00:50:08]

>> THANK YOU. YOU CAN STAY AFTER IF YOU WISH TO , OR YOU CAN SEND US AN EMAIL WITH THOSE QUESTIONS, AND WE WOULD BE HAPPY TO RESPOND. ANY OTHER CITIZEN INPUT?

>> THAT IS IT. WE HAD ONE ONLINE THAT WAS SENT TO THE

COUNCIL EARLIER. >> YES, AND I WAS NOT

[7. CONSENT AGENDA]

>> 7A, CONSIDER ACTION APPROVING THE MINUTES, 7B, CONSIDER ACTION APPROVING AN AGREEMENT FOR MUTUAL AID FOR POLICE SERVICES , 7C, CONSIDER ACTION APPROVING THE AWARDING

OF GRANT FUNDS. >> ARRAY. COUNSEL, I WILL ENTERTAIN A MOTION. DEPUTY MAYOR WINGET?

>> I MOVE THAT WE APPROVE THE CONSENT AGENDA ITEMS AS READ.

>> SECOND. >> OKAY, MOVED BY DEPUTY MAYOR

[7D. Consider action approving an Improvement Agreement with Trail Creek Partners, Ltd.]

>> THANK YOU FOR THIS OPPORTUNITY TO LET ME EXPLAIN THIS ITEM TO YOU. THIS IS ITEM 7D. IT IS IN A PROVEN AGREEMENT WITH TRAIL CREEK PARTNERS. THE PURPOSE OF THE ITEM IS TO APPROVE THIS RESOLUTION, ACCEPTING AND APPROVING AN AGREEMENT WITHIN THE CITY OF ROWLETT AND TROUT CREEK PARTNERS TO AUTHORIZE EARLY PLAT APPROVAL , AND THE PREMATURE RELEASE OF A LIMITED NUMBER OF BUILDING PERMITS, AND TO ACCEPT PERFORMANCE BONDS TO SECURE THE COMPLETION OF THESE PUBLIC IMPROVEMENTS TO SERVE THE TRAILS OF COTTONWOOD CREEK RESIDENTIAL DEVELOPMENT. AND, AUTHORIZING THE MAYOR TO EXECUTE THAT AGREEMENT ON THE CITY'S BEHALF. SO, A LITTLE BACKGROUND , TRAIL CREEK PARTNERS IS DEVELOPING THE TRAILS A COTTONWOOD CREEK. IT IS A SINGLE FAMILY RESIDENTIAL DEVELOPMENT. IT IS LOCATED IN THE FAR NORTH TIP OF ROWLETT ON THE EASTERN CORNER OF STONEWALL ROAD. IT WILL COMPRISE 227 ACRES , AND WHEN IT IS FINISHED, 765 SINGLE-FAMILY DWELLING UNITS . RIGHT NOW, THEY ARE BUILDING PHASE ONE , AND THAT IS WHAT THIS IMPROVEMENT AGREEMENT IS FOCUSED ON. THAT PHASE IS 194 UNITS , AND SITUATED ON 71 1/2 ACRES. ALSO, JUST TO REMIND YOU THAT WATER IN THIS PART

[00:55:05]

THAT AGREEMENT REQUIRED THE CONSTRUCTION OF A NEW 15 INCH GRAVITY MAIN THAT FOLLOWS COTTONWOOD CREEK DOWN TO THE ENCLAVE . I AM HAVING TROUBLE. THERE WE GO. SO, IT IS THIS SEGMENT RAY HERE. THE ENCLAVE IS HERE. THE ENCLAVE IS AN ET J PROPERTY, BUT IT IS SERVED BY SEWER. THE AGREEMENT ALSO REQUIRES THE UPGRADE OF THE ENCLAVE LIST STATION THAT SERVES THE ENCLAVE , AND AND UPSIZING OF A THREE INCH FORCE MAIN ON LIBERTY GROVE ROAD FROM THE ENCLAVE TO WATERS LANE, AND THEN UPSIZE THIS LITTLE BIT RIGHT HERE THAT IS AN EXISTING 12 INCH. HE NEEDS TO BE UPSIZE TO AN 18 INCH, AND THEN ALL THE WAY DOWN HERE IS THE NORTH SIDE OF THE STATION THAT IS PART OF THE AGREEMENT, AND IS REQUIRED TO BE UPGRADED.

SO, A LITTLE CHRONOLOGICAL BACKGROUND. BACK IN 2019 , THE PROPERTY WAS REZONED TO THE PLAN DISTRICT. THE UNDERLINING ZONING WAS FPC NEW NEIGHBORHOOD AMENDED. THERE WAS ALSO, OF COURSE, WHAT I JUST SPOKE ABOUT ENACTED IN 2019. THEN IN 2020, THE PUBLIC AND PERMIT DISTRICT WAS CREATED, AND THEN A DEVELOPMENT AGREEMENT THAT SET SOME GENERAL TERMS FOR A FUNDING OF THAT INTO THE TAX RATES, AND ALSO SET SOME GENERAL GUIDELINES FOR THE PUBLIC IMPROVEMENTS THAT ARE GOING TO BE FUNDED. THEN THE SERVICE AND ASSESSMENT PLAN WAS CREATED , AND THEN THE COUNCIL ORDINANCE TO THE ISSUES OF SOME BONDS, AND THEN A TREATMENT WAS GRANTED. THEN, FROM A CONSTRUCTION POINT OF VIEW , IN AUGUST OF '21, THE BEGAN TO MOVE DIRT , THEN IN EARLY '22, ENGINEERING ISSUED A CIVIL CONSTRUCTION PERMIT FOR THE INFRASTRUCTURE OF PHASE ONE. LATER ON THAT YEAR , THE CONSTRUCTION IN EARNEST BEGAN WITH THE INSTALLATION OF THE SEWER , AND THEN, BY 2023, A PAVING OPERATION BEGAN . AND THEN, IN 2024, JUST THIS PAST JANUARY, THE 15 INCH GRAVITY MAIN THAT I SHOWED YOU EARLIER WAS COMPLETED AND ACCEPTED BY THE CITY. AND ALSO, MOST OF THE PAVING INFRASTRUCTURE HAS BEEN COMPLETED IN JANUARY. SO, TRAIL CREEK PARTNERS IS REQUESTING AND A PROVEN AGREEMENT THAT BASICALLY, IN GENERAL TERMS, WILL SECURE THE INSTALLATION OF THESE REQUIRED IMPROVEMENTS THAT WILL ENABLE TROPHY PARTNERS TO SUBMIT A FINAL PLAT BEFORE THOSE IMPROVEMENTS ARE COMPLETED . THEY WILL THEN BE ABLE TO PULL BUILDING PERMITS. SO, WE KNOW THE TROPHY PARTNERS IS REQUIRED TO CONSTRUCT THE INFRASTRUCTURE . THE ON-SITE IF THE STRUCTURE IS MOSTLY COMPLETE. THAT INCLUDES PAVING DRAINAGE AND WASTEWATER. YOU WILL NOTICE THAT WATER IS NOT INCLUDED, BECAUSE THAT IS PROVIDED BY L4. L4?

>> EAST FORK. >> EAST FORK. THANK YU. THAT IS THE ONE THAT IS COMPLETE. THE FOUR OTHERS I MENTIONED EARLIER HAVE YET TO BE COMPLETED. HOWEVER, I WILL SAY THAT THE 12 INCH TO 18 INCH UPSIZE IS WELL ON ITS WAY TO BEING COMPLETE. SO, TRAIL CREEK PARTNERS WOULD LIKE TO GET STARTED WITH THEIR HOMEBUILDING ACTIVITIES. I APOLOGIZE, APPARENTLY EVEN AS AN ENGINEER, I CAN'T ADD.

THERE ARE ONLY THREE HOMEBUILDERS UP THERE. THAT'S GRANT HOME, GRANTED YOUR HOMES, AND FIRST TEXAS HOMES TO CONSTRUCT THESE BUILDINGS. PROPERTY MUST BE PLOTTED, BUT A PROPERTY CANNOT BE PLOTTED UNTIL THE PUBLIC AND THE STRUCTURE IS COMPLETED. THEREFORE, TROPHY PARTNERS ARE LOOKING TO SECURE THIS INFRASTRUCTURE. THE FINANCIAL GUARANTEE IN WHICH THEY WILL DO SO ARE TO .2 MILLION ANY REMAINING BALANCE IN THE BONDS, AND THEN ALMOST A $4,000,000.00 PERFORMANCE BOND FOR A TOTAL OF $6,200,000.00 IN GUARANTEED CONSTRUCTION SIDES. THE PHASE ONE ON-SITE IMPROVEMENTS ARE WORTH ABOUT 1.1 MILLION , THE OFF-SITE

[01:00:03]

SO, THIS FINANCIAL GUARANTEE WILL BE MEMORIALIZED IN THE IMPROVEMENT AGREEMENT. SUCH IMPROVEMENTS ARE ALLOWED BY THE RELEVANT DEVELOPMENT CODE. IT REQUIRES A PERFORMANCE BOND IN THE AMOUNT OF $4,000,000.00 . WITH THAT BALANCE, THE TOTAL GUARANTEE WILL YOU GIRL 115% OF THE ESTIMATED CONSTRUCTION COST. THE IMPROVEMENT AGREEMENT ALSO REQUIRES COMPLETION OF THOSE AGREEMENTS WITHIN TWO YEARS. AND IT PROVIDES THE DEVELOPER TO DEFAULT BE USED BY THE CITY TO PERFORM THE WORK OR HOW THEY WERE CONTRACTED .

THERE IS SOME CAVEATS. AT THE CONSTRUCTION EXCEEDS THE BOND PROCEEDS, THE DEVELOPER REIMBURSES THE CITY . IF THE CONSTRUCTION IS UNDER THE BOND PROCEEDS, WE, AS A CITY, REIMBURSE THE DEVELOPER. OF COURSE, THAT BOND IS RELEASED WITHIN 30 DAYS AFTER COMPLETION. ONE MORE THING .

THE NUMBER OF BUILDING PERMITS IS GOVERNED BY THIS SCHEDULE OF MILESTONES. THE EXISTING INFRASTRUCTURE, PLUS THE 15 INCH GRAVITY AID, WHICH HAS BEEN COMPLETED, WILL GRANT THEM 66 LOTS. WHEN THEY FINISH THE UPGRADE TO THE ENCLAVE STATION, THE LIBERTY GROVE FORCE MAIN AND THE UPGRADE TO THE FOUR SIDE OF THE STATION, THAT WILL ENABLE THEM TO PULL AN ADDITIONAL 194 LOTS. THERE ARE ALSO NINE CONNECTIONS TO SOME PROPERTY OWNERS IN THE ET J GRANTED EASEMENTS FOR THE SEWER LINE. AND THEN FINALLY, THE WATER GRAVITY MAIN, WHICH REALLY ACTUALLY IS ALMOST COMPLETE NOW , WHEN THAT IS FINISHED, AND THE OTHER THINGS ARE FINISHED, THE ENTIRE PROJECT CAN BE BUILT OUT. AND ALSO, FINAL CERTIFICATES OF OCCUPANCY WILL ONLY BE ISSUED AFTER COMPLETION OF EACH MILESTONE. FROM A FINANCIAL BUDGET IMPACT, THERE IS VERY LITTLE. THE DEVELOPER FURNISHES THE BOND, AS THE REQUIRED INFRASTRUCTURE. IF THE DEVELOPER DEFAULTS, THEN THE CITY USES THE BOND TO COMPLETE THE WORK EITHER ITSELF, OR CONTRACTUALLY. AND THEN OF COURSE, DEPENDING ON HOW THE COST FINALLY PANS OUT , ONE PARTY OR THE OTHER IS REIMBURSED FOR THE AXIS. STAFF'S RECOMMENDATION TONIGHT IS TO MOVE TO APPROVE THIS RESOLUTION THAT ACCEPTS AND APPROVES THE IMPROVEMENT AGREEMENT BETWEEN THE CITY AND TRAIL CREEK PARTNERS, AUTHORIZING THE EARLY PLAT APPROVAL IN PREMATURE RELEASE OF THE LIMITED NUMBER OF BUILDING PERMITS , AND TO EXIT THE PERFORMANCE BOND THAT ADHERES COMPLETION OF THE PUBLIC INFRASTRUCTURE IMPROVEMENTS THAT SERVES TRAILS OF COTTONWOOD CREEK. THIS AUTHORIZES THE MAYOR TO EXECUTE AGREEMENTS ON THE CITY'S BEHALF. WITH THAT, MY PRESENTATION IS DONE. I'LL BE HAPPY TO ANSWER YOUR QUESTIONS TO THE BEST OF MY ABILITY.

>> THANK YOU. I WANTED TO PULL THIS ITEM FOR A COUPLE OF REASONS. ONE IS RELATING TO ONE OF THE PERFORMANCE BOND ITEMS , WHICH IS REGARDING A GREEN TRAIL SYSTEM. GOING BACK TO THE DEVELOPING AGREEMENT , I BECAME A LITTLE BIT CONCERNED WITH THE POSSIBILITY, AT LEAST OF WHAT I HAVE SEEN, THAT THIS MAY END UP BEING A REQUIREMENT OF THE CITY TO MAINTAIN THAT ASSET. THAT AMONG OTHER OPEN SPACE IT ITEMS. SO, I WOULD LIKE TO SEEK SOME CLARIFICATION ON WHAT THE CITY'S RESPONSIBILITY IS WITH MAINTENANCE LONG-TERM, BECAUSE AS WE ALL APPEAR , I THINK WE UNDERSTAND THAT A CRUSHED GRANITE SURFACE IS PRETTY HARD TO MAINTAIN. WE ALREADY HAVE A HEART AND A TIME MAINTAINING SOME OTHER ASSETS. SO, CITY MANAGER, DO YOU HAVE SOMETHING TO ADHERE?

>> I DO, MAYOR. AS YOU KNOW, WE JUST LEARNED OF THIS CRUSHED GRANITE SERVICE TODAY. YOU ARE CORRECT. THERE IS A MAINTENANCE OBLIGATION THAT WILL EMERGE IN THE CITY WITH RESPECT TO THIS IMPROVEMENT. BUT BEYOND THAT, THERE IS SOME ATYPICAL OPEN-SPACE IMPROVEMENTS THAT THE CITY HAS MAINTENANCE OBLIGATIONS FOR UNDER THIS DEVELOPMENT AGREEMENT. NOW, I DON'T WANT TO GO TOO FAR INTO THE DEVELOPMENT AGREEMENT, BECAUSE THAT IS NOT THE ITEM BEFORE YOU. WHILE IT IS TANGENTIALLY RELATED, THE REAL QUESTION IS RELATIONSHIP BETWEEN THE TRAILS, WHICH ARE INCORPORATED INTO THIS IMPROVEMENT AGREEMENT, AND THIS DEVELOPER AGREEMENT THEREAFTER.

MOSTLY THE IMPACT OF THE MAINTENANCE. HAVING SAID THAT, WE HAD AN OFF-LINE CONVERSATION WITH THE DEVELOPER

[01:05:04]

THE DEVELOPING AGREEMENT. >> GREAT. I SEE PRESTON OUT THERE. DO YOU MIND COMING UP?

>> 4040 AND CENTRAL EXPRESSWAY, DALLAS, TEXAS,

75204. MAYOR, HOW ARE YOU? >> GOOD. THANK YOU FOR BEING HERE TONIGHT. FOR REFERRING BACK TO THE PORTION OF THE DEVELOPMENT AGREEMENT PERTAINING TO THE TRAILS THAT IS WITHIN THIS PROPOSED PERFORMANCE BOND -- IT'S WITH THE PERFORMANCE BOND. YEAH, THAT IS WHAT I'M GETTING TOO? SO, YOU INDICATED TO OUR CITY MANAGER THAT YOU WOULD BE WILLING TO TAKE OVER THE MAINTENANCE OF THESE ASSETS , BECAUSE CURRENTLY, AS IT SITS, IT WOULD BE THE CITY'S RESPONSIBILITY TO MAINTAIN THE CRUSHED GRANITE SURFACE AND OTHER OPEN-SPACE IMPROVEMENTS. IS THAT CORRECT, SIR, THAT YOU WOULD AGREE TO MAKE THAT AN AGE AWAY PID RESPONSIBILITY?

>> IS CORRECT. THERE IS A SECTION THAT DISKETTES DISCUSSES THIS . AT THE TIME IN 2019, THIS WAS DIFFERENT.

THE CITY WANTED TO MAINTAIN AND ON THESE PIECES OF INFRASTRUCTURE. THEY PROBABLY ARE MORE OF AN AGE AWAY MAINTENANCE ITEM, AND WE ARE HAPPY TO WORK WITH THE CITY BACK, AND CORRECT THE PAPER TRAIL WITH THE RESPONSE ABILITY

SHIFTING BACK TO H AWAY. >> SIR, YOU CAN RECORD IT BACK.

DOES THAT RESOLVE YOUR CONCERN?

>> YES, IT DOES. >> YOU HAVE ANY OTHER

QUESTIONS? >> I DO. YOU DO?!.

>> I AM THE ONLY ONE BLINDSIDED WITH THIS CONVERSATION. -- WE CAME BACK AND BEGAN SEARCHING THE DEVELOPMENT AGREEMENT. IN SHORT, I WANT TO GO TOO FAR. IF I GO TOO FAR, PLEASE STOP ME.

THE REALITY IS THE CITY ALLOWED FOR THE REPLACEMENT OF CONCRETE SIDEWALKS WITH CRUSHED GRANITE TRAILS. THOSE SAME COMPONENTS ARE PART OF THIS IMPROVEMENT AGREEMENT HERE. THIS DEVELOPMENT AGREEMENT WITH THE TRAIL AND OTHER THINGS, BUT EVEN OUTSIDE OF THE REPLACEMENT SIDEWALKS , THEIR OTHER OBLIGATIONS, ESPRESSO JUST ALLUDED TO IT AS A SAID EARLIER, THAT ARE MORE APPROPRIATELY AND MORE USUALLY PLACED UPON AN H AWAY. WE BEGAN HAVING THE CONVERSATION BECAUSE THE MAYOR WAS THERE. HE SAID WE HAD SOME CONCERNS OVER THIS AGREEMENT. THERE WERE ALSO THE CRUSHED GRANITE

[01:10:04]

>> HOW IT IS DIRECTLY ASSOCIATED WITH WHAT WE ARE TALKING ABOUT TONIGHT, THIS ITEM IS ON, IF YOU GO TO PAGE 62 OF THE PACKET , IT VERY CLEARLY SAYS, AND THIS IS PART OF WHAT WE ARE GOING ON ABOUT TONIGHT, LET ME JUST MAKE SURE YOU READ IT CORRECTLY. EIGHT FOOT WIDE, SIX INCH THICK DECOMPOSING GRANITE SIDEWALK IN PLACE AT A COST OF ONE AND $70,000.00 FOR 25,900 SQUARE FEET. SO, IT IS RELATED TO WHAT WE ARE TALKING ABOUT TONIGHT , WHICH IS WHY WE ARE ABLE TO TALK ABOUT THIS. SORRY, I DID NOT SEE YOU THERE.

ONE OF THE PIECES OF THE ON-SITE TO STRUCTURE THAT IS NOT COMPLETED YET, IT IS BEING ENCAPSULATED IN THIS

PERFORMANCE BOND. CORRECT? >> YES. IT IS NOW COMPLETES .

WHEN THIS DOCUMENT WAS COMPLETED AT THE END OF JANUARY, IT WAS NOT COMPLETE. ALL OF THOSE HARD SCAPE ITEMS ARE NOW INSTALLED. IN AN EFFORT TO MAKE THINGS SIMPLE, YES . AT THE TIME OF THIS DOCUMENT, THEY WERE NOT

COMPLETED. >> UNDERSTOOD. TANGENTIAL QUESTION . IT SEEMS LIKE YOU'RE WORKING TO PERHAPS ACCELERATE THE TIMELINE OF HOMEBUILDING. SO, WHAT TIMELINE ARE YOU LOOKING FOR PEOPLE TO BEGIN , AND SECOND SUPPLEMENT QUESTION TO OUR CITY MANAGER, WHAT DOES THAT MEAN FOR THINGS LIKE FIRE RESPONSE TIMES AND THINGS LIKE THAT IN THE NORTH SHORE AREA? NOT NORTH SHORE, EXCUSE ME, TRESSEL CAUGHT WHAT AREA?

SORRY. >> THE HOMEBUILDERS ARE READY TO GO. THEIR PLANS ARE SIMPLE AND READY TO SUBMIT TO THE CITY. SO, THAT WOULD HAPPEN IN THE NEXT 30 DAYS. IT WOULD TAKE SOME FIVE TO SIX MONTHS TO CONSTRUCT THEIR INITIAL HOUSES, AND THEN TWO MONTHS TO COMPLETE MOVE IN. SO, YOU'RE LOOKING TO CAPITALIZE ON THE SPRING WHEN PEOPLE ARE LOOKING FOR HELP AND TRYING TO MOVE BEFORE SCHOOL STARTS , AND HOPEFULLY HAVING PEOPLE LIVING IN THE NEIGHBORHOOD BY THIS FALL WILL GET TO HAVE CHRISTMAS AT HOME.

>> I WOULD HAVE TO HAVE ASK ONE OF OUR ASSISTANT CHIEFS. I WOULD ASSUME THAT WE WOULD HAVE SOME CONVERSATIONS INTERNALLY ABOUT THE IMPACT OF ISSUING THESE PERMITS. CERTAINLY AS YOU KNOW, THERE WILL BE A FIRE STATION BUILT IN THAT SUBDIVISION. BUT WE DO HAVE SOME FIRE STATIONS THAT ARE RELATIVELY CLOSE , BUT I WILL LET THE EXPERTS ADDRESS.

>> THIS WILL BE SERVED BY OUR EXISTING FIRE STATION OUT THERE. THE GOOD NEWS IS THAT NEWER HOMES TYPICALLY HAVE A LOWER CALLING THAN ANYTHING ELSE THAN THE YOUNGER FOLKS LIVING OUT THERE. AGAIN, I DUNNO HOW DEEP WE CAN GO. BUT, WE FEEL CONFIDENT THAT WE CAN COVER WHAT WE HAVE UNTIL WE HIT

THAT BENCHMARK. >> I BELIEVE THE DEVELOPING AGREEMENT INDICATES THAT THAT WOULD , THAT STATION SIX, WOULD COMMENCE UPON SOMETIME IN PHASE TWO. THAT IS ALL I CAN REMEMBER FROM THAT LONG AGO. OKAY. ALL RIGHT. COUNCILMEMBER

SHINDER? >> YES, I HAD A QUESTION. THANK YOU, CHIEF. I AM LOOKING AT THE IMPROVEMENT AGREEMENT ON PAGE THREE OF THAT AGREEMENT, WHICH IS PACKET PAGE 48 , WERE IN THE MIDDLE, IT HAS THE SAME THING THAT YOU HAD ON YOUR SLIDE THERE WITH THE MILESTONES AND THE NUMBER BUILDING PERMIT.

IT SAYS UPGRADE TO ENCLAVE LIFT STATION , AND UPGRADE TO THE NORTH STATION. 194 LOTS. AND THEN, DOWN AT THE BOTTOM, THE LAST PARAGRAPH SAYS AN ADDITIONAL 128 SERVICES WILL BE MADE AVAILABLE UPON ADDITION OF THE ENCLAVE STATION WITH IMPROVEMENTS. IS THAT A DISCREPANCY? OR WILL SOME OF THAT 194 LOTS WILL NOT HAVE SERVICES?

>> NO, THEY WILL ALL HAVE SERVICES. IF I AM DOING THE

[01:15:05]

>> OKAY, THAT IS THE TOTAL THERE. MY OTHER QUESTION IS WHAT WOULD BE THE IMPACT OF THE COUNCIL, HYPOTHETICALLY SPEAKING, DENIED THIS TONIGHT ON THE CITY AND ON THE

DEVELOPER? >> ON THE CITY, I DON'T KNOW THAT THERE WOULD BE ANY IMPACT. THIS IS ALL DEVELOPER DRIVEN.

I WILL LET PRESTON ANSWER THAT. I THINK HE DESERVES TO ANSWER

THAT, YES? >> FROM A DEVELOPER STANDPOINT, THE HOMEBUILDERS ARE READY TO START BUILDING UNITS, AND START HAVING HOMEOWNERS THAT ARE READY TO MOVE INTO ROWLETT.

THAT WOULD BE DELAYED BY SIX OR 10 MONTHS. SO, WE ARE LOOKING AT A 2025 COMPLETION INSTEAD OF A 2020 FOR COMPLETION. SO, YOU'RE LOOKING AT YOUR FIRST 66 HOMES VALUED

AT HALF $1 MILLION . >> IT'S A LOSS OF THE

PROPERTY TAXES? >> YES, MA'AM.

>> THAT IS WHAT HE MEANT BY IMPACT TO THE CITY.

>> YES. THAT ANSWER YOUR QUESTION?

>> YOU DID. AND I THINK EVERYONE ELSE HAS ALREADY ASKED

OF THIS. >> COUNSEL, ANY OTHER QUESTIONS? ALL RIGHT. IF THERE ARE NO OTHER QUESTIONS, I WILL ENTERTAIN A MOTION FOR ITEM -- I DON'T REMEMBER WHAT ITEM THIS IS. ITEM 7D. ALL RIGHT, COUNCILMEMBER SCHUPP?

>> I MOVE TO APPROVE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND A PROVEN AGREEMENT BETWEEN THE CITY OF ROWLETT, TEXAS, AT TRAIL CREEK PARTNERS LIMITED. IS THAT ENOUGH?

>> I THINK THAT IS ENOUGH. >> IT PROVIDES 200 -- HELD IN TRUST TO PERFORMANCE BONDS OF THE AMOUNT OF $4,000,046.00 POSTED BY TRAIL CREEK APARTMENTS.

>> ALL RIGHT. IS THERE A SECOND? COUNCILMEMBER SHINDER?

>> OKAY, MOVED BY COUNCILMEMBER SCHUPP, SECONDED BY COUNCILMEMBER SHINDER. I AM SEEING NONE. CALL THE VOTE.

ALL RIGHT. THAT ITEM CARRIED UNANIMOUSLY. THANK YOU FOR

[7E. Consider action to designate Victoria Thomas of Nichols Jackson Dillard Hager & Smith as Rowlett’s primary attorney. Consider action to continue the appointment of the law firm of Nichols Jackson Dillard Hager & Smith, LLP as City Attorney, with Victoria Thomas being designated as the primary attorney for provision of city attorney services effective immediately.]

>> YES, I JUST WANTED TO PULL THIS ITEM BECAUSE I GOT QUESTION FROM CITIZENS REGARDING THE CHANGE IN CITY ATTORNEYS, AND I WANTED TO MAKE IT CLEAR THAT WE ARE NOT CHANGING LAW FIRMS . WE SAW THE SAME LAW FIRMS. IN GENERAL, THE CITY ATTORNEY -- THE CITY'S LAW FIRM IS HIRED BY THE CITY IN A PRIMARY CITY ATTORNEY THAT IS DESIGNATED.

BUT OTHER ATTORNEYS WITHIN THAT FIRM CAN SIT IN FOR THAT ATTORNEY WHEN THEY ARE ABSENT AND THAT KIND OF THING. IT IS NOT AS BIG OF A CHANGE AS IT MIGHT SEEM LIKE. I DID WANT TO RECOGNIZE DAVID BERMAN'S 17 YEARS OF SERVICE TO THE CITY OF ROWLETT, AND I DID WANT TO HAVE A CHANCE TO INTRODUCE AND TO WELCOME VICTORIA TO THE DAIS HERE, AND TO OUR CITY.

>> YES, WE ARE VERY EXCITED TO VICTORIA THOMAS HERE WITH US TODAY. ALTHOUGH SHE IS SICK. BUT, THAT IS OKAY, WE ARE GOOD TO SEE YOU AT ATTORNEY SERVICES. DID YOU WANT TO SAY ANYTHING? I FORGOT TO TEACHER ABOUT THAT.

>> I AM VERY HOARSE, BUT I JUST WANTED TO SAY THAT I AM VERY HAPPY AND EXCITED TO BE HERE SERVING THE CITY. THANK YOU.

>> THANK YOU. DEPUTY MAYOR WINGET?

>> I WAS GOING TO MAKE A MOTION.

>> GO AHEAD. >> I MOVE TO APPROVE AS READ.

>> SECOND. >> MOVED BY DEPUTY MAYOR

[8A. Conduct a public hearing and take action to approve an ordinance granting a request by Tyler Scott, Kimley-Horn, on behalf of property owners Hopewell Development II, LP to amend a Planned Development Standard within an existing Planned Development (PD) with a base zoning of General Commercial/Retail (C-2) District. The property is located northwest of the cul-de-sac of Enterprise Drive, consisting of Lot 6, Block 1, Rowlett Business Park, a portion of Lot 3, Block 1, Boyd & Kneggs Business Park Replat, and Tract 6 of the U Matthusen Abstract 1017 also described as all of Tract 1 to the Doreen Sue Liuzzi & Doreen Sue Luizzi Family Trust Inst. No. 201700024931, in the City of Rowlett, Dallas County, Texas.]

[01:20:01]

ITEM 8A . STANDBY, THIS IS LONG. CONDUCT A PUBLIC HEARING AND TAKE ACTION TO APPROVE AN ORDINANCE GRANTING A REQUEST BY TYLER SCOTT, KENLEY HORN, ON BEHALF THE PROPERTY OWNERS HOPEFUL DEVELOPMENT TWO, LP TO AMEND A PLAN DEVELOPMENT STANDARD WITHIN AN EXISTING PLAN DEVELOPMENT PD WITH A BASE ZONING OF GENERAL COMMERCIAL/RETAIL, C-2, DISTRICT . THE PROPERTY IS LOCATED NORTHWEST OF THE CUL-DE-SAC OF ENTERPRISE DRIVE, CONSISTING OF LOT 6, BLOCK ONE, ROWLETT BUSINESS PARK , A PORTION OF LOT 3, BLOCK ONE, BOYD AND KEGS BUSINESS PARK REPLIED, AND TRACK SIX OF THE ABSTRACT 1017 ALSO DESCRIBED AS ALL OF TRACK ONE OF THE DOREEN SUED LIZZIE AND DOREEN SUE LIZZIE FAMILY TRUST INSTITUTION NUMBER 201700024931, AND THE CITY OF

ROLLA, DALLAS, TEXAS, TEXAS. >> THANK YOU, MAYOR. -- THAT BASE ZONING ALSO INCLUDED A CONCEPT PLAN, WHICH HAD ROUGHLY 70,000 SQUARE FEET AT THE BUILDING. THE ORDINANCE ITSELF HAD MINIMUM DIRECTIONS VIA PARKING SPACES MEETING THE STANDARDS OF THE RELATIVE VELTMAN CODE. THE STOPS TO BE UTILIZED FOR THE PARKING SPACES OF THE BUILDING, AS WELL AS A MAXIMUM NUMBER OF TRACTOR-TRAILER 18 WHEELER TRUCKS COMING AND GOING FROM THE SITE . A LITTLE BIT MORE THAN TWO PER DAY. ADDITIONALLY, AS PART OF OUR RESEARCH, WE NOTICED THAT THE COUNCIL AS PART OF THE MINUTES. THERE WERE TWO CONDITIONS THAT WEREN'T INCLUDED IN THE ORDINANCE. THE FIRST ONE WAS SIGNAGE THAT WILL BE INSTALLED WITH ALL TRUCK ACCESS TO BE FROM THE NORTHWEST EXIT, AND NOT THE SOUTHEAST, AND THE SECOND WAS THAT THE ALL TRUCK TRAFFIC BE ROUTED TO THE NORTHWEST. SO, THE APPLICANT IS QUESTION THE PD TO INCREASE THE NUMBER OF SEMI TRAILER 18 WHEELERS TO EIGHT PER DAY. SO, FROM TWO TO EIGHT. THE APPLICANT IS PURSUING THIS AMENDMENT TO ACCOMMODATE THE INTENT OF THE END-USER AND SATISFIED THE INTENTIONAL INVESTORS OF THE PROJECT. INCLUDED 108 VEHICLE PARKING SPACES . ADDITIONAL, THERE IS ONE LOADING AREA THAT INCLUDED 10 DOCK DOORS. TWO OF THESE STORES -- THE APPLICANT HAD PREVIOUSLY PROVIDED A PLENARY CHIP GENERATION IN VEHICLE SPLIT ANALYSIS . THAT HAD INDICATED THAT THERE WOULD BE NO MORE THAN TWO SEMI TRACTOR-TRAILERS DURING THE PEAK HOURS . WE DID SEND OUT A PUBLIC HEARING NOTIFICATION. WE DID NOT RECEIVE ANY RESPONSES WITHIN 200, HOWEVER, WE DID RECEIVE ONE WITHIN 500 RESPONSE, AND THAT WAS IN OPPOSITION TO THE REQUEST. STAFF FOUND THAT THE PROPOSED PD REQUEST DOES NOT MATERIALLY CHANGE THE USE, DENSITY, OR THE CHARACTER THE DEVELOPMENT. AT THE PLANNING AND ZONING COMMISSION MEETING, THEY DID RECOMMEND APPROVAL OF THE PROPOSED PD AMENDMENT UNANIMOUSLY , AND INCLUDED INCREASING THE MAXIMUM NUMBER OF SEMI TRAILER TRACTORS COMING AND GOING FROM THE SITE TO BE NO MORE THAN EIGHT PER DAY, AS WELL AS ALSO INCLUDING THE FORMER STIPULATIONS THAT WERE INDICATED BY COUNSEL WHERE TRUCK AXIS WOULD BE FROM THE NORTHWEST EXIT , AND NOT THE SOUTHEAST EXIT, AS WELL AS TRUCK TRAFFIC TO BE ROUTED TO THE NORTHWEST. THAT INCLUDES MY PRESENTATION. I WILL BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE. AND OF THE APPLICANT IS ALSO HERE.

>> THANK YOU. IN SEEKING CLARIFICATION THAT EVEN THOUGH IN THE MOTION LANGUAGE , THAT INCLUDED THE SIGNAGE REQUIREMENTS. HOWEVER, THAT WAS NOT AN ASSIGNED MOVEMENT? LET'S MAKE SURE WE DON'T DO THAT ONE AGAIN. OKAY. THANK YOU. ARE THERE QUESTIONS? COUNCILMEMBER SCHUPP?

>> SO, WE ARE MOVING UP TO A TRUCKS A DAY? NOT REALLY A LOT, BUT WILL THERE BE AN ENFORCEMENT? TWO COMMERCIAL VEHICLE GROUPS, I MEAN, I KNOW NOBODY WILL BE STANDING THERE WITH COUNTY AND TRUCKS, BUT THERE NEEDS TO BE SOME SORT KIND OF METRIC TO BE PUT ON I THINK.

>> CORRECT. >> THE REALITY IS YOU PASS REGULATIONS ALL THE TIME WHERE ENFORCEMENT IS NEAR IMPOSSIBLE.

[01:25:01]

DIFFICULT. GO AHEAD. >> I HAVE ONE OTHER QUESTION, AND THIS IS JUST MY OWN IGNORANCE. THIS WILL COME OFF OF LAKEVIEW. IS THAT CORRECT?

>> CORRECT. THAT IS ONE OF THE PRIMARY DRIVES.

>> I DON'T KNOW ANYTHING ABOUT CONCRETE COMMERCIAL PAVEMENT OR ANYTHING, BUT IN YOUR POSITION , IS THERE ANYTHING WE NEED TO MITIGATE AS FAR AS CONCRETE, OR ANYTHING WITH EVERY TRUCK TRAFFIC ON IT? WE WOULD EXPECT MORE RAPID DEGRADATION, OR THE

NOT REALLY AN ISSUE? >> SO, THAT DRIVE IS DESIGNATED AS A FIRE LANE. SO, IT SHOULD BE ABLE TO HANDLE THE VEHICLE

TRAFFIC. >> PERFECT, THANK YOU.

>> IS IT ALSO WITHIN PUBLIC CITY RIGHT-OF-WAY?

>> IS TECHNICALLY AN ACCESS EASEMENT THAT WAS BUILT IN FIRE LANE STANDARDS. HOWEVER, THERE IS A STANDARD THAT IS A 15 FOOT RIGHT-OF-WAY THAT CONNECTS THIS PROPERTY TO THAT DRIVE. SO, THERE ARE MULTIPLE WAYS IN WHICH VEHICLES CAN TECHNICALLY

EXIT THIS. >> I HAVE A QUESTION FOR THE APPLICANT. I THINK I SAW HIM HERE? THERE HE IS. THERE YOU ALL ARE. IF YOU COULD JUST PLEASE COME FORWARD? IT IS A QUESTION I ALREADY HAVE THE ANSWER TO , BUT IT IS JUST FOR THE PUBLIC'S UNDERSTANDING. SO, THE REASON FOR THE REQUEST FROM TWO TO EIGHT TRUCKS, AS INDICATED IN THE COUNCIL PACKET, IS THAT YOU ALL WERE UNABLE TO GET THE FINANCING TO CONSTRUCT THE PRODUCT , AND THAT THE FINANCE HERE INDICATED THAT THEY WOULD NOT BE WILLING TO FINANCE THE PROJECT IF THIS REQUIREMENT WAS EXTENDED UPON FROM TWO TO EIGHT TRUCKS. IS

THAT CORRECT? >> I WOULD LIKE TO HAVE A

LITTLE BIT MORE THE DETAILS. >> PLEASE.

>> LAST SUMMER TO OUR PLANNING AND ZONING COMMISSIONS, THE COUNCIL HAD ASSISTING DEVELOPING PARTNERS. THEY'RE THE ONES WHO HAVE THE BIG MONEY THEY MAKE THESE DEVELOPERS HAPPEN. THESE PARTICULAR PARTNERS ARE REAL, AND HAVE FIVE OTHER PROJECTS WITH THEM. THIS IS APPROVED BY CITY COUNCIL AND FLOWER MOUND. I WOULD LIKE SOME OF THE MARKET THESE DAYS. WE'RE HOPING THAT IT WOULD NOT BE AN ISSUE THIS TIME. THIS IS TO CLOSE THE PROPERTY TOGETHER TO MOVE FORWARD. HOWEVER UNFORTUNATELY, THAT RESTRICTION ON THE TRUCK TRAFFIC , AND HAS A GENERAL MEMBERS HERE WHO CAN ELABORATE ON THIS, BUT THE ACTUAL CONCERN WAS THAT THERE WERE A WHOLE BUNCH OF TENANTS HAD -- SO, THE OF CAPITAL REQUEST FROM THE VARIOUS GROUPS ALL THE TIME. SO, IT DID NOT MATTER THAT WAS APPROVED. THAT WAS ENOUGH FOR THEM TO SAY WE CANNOT PROCEED WITH THIS. WE WANTED TO CLOSE ON THE PROPERTY BACK IN JULY OF LAST YEAR, SO WE DO HOLD THAT, AND WE HAVE BEEN SEARCHING FOR A PARTNER, A CAPITAL PARTNER SINCE THAT TIME. IN THE FALL, I APPROACHED A DIFFERENT TEAM HERE JUST TO LET THEM KNOW WHAT WAS HAPPENING. OUR PARTNER HAD OPTED OUT OF IT. THEY HAVE BEEN A SUGGESTION THAT PERHAPS WE COME BACK TO CITY COUNCIL AGAIN AND EXPLAIN THE SITUATION . THAT IS WHAT HAS BROUGHT US HERE TODAY. OBVIOUSLY BECAUSE WE HAVE FIVE OTHER PROJECTS WITH THIS GROUP, AND KEEPING THEM UP TODAY, WE ASKED THEM WHAT IS GOING ON. THEY HAVE INDICATED THAT IF WE ARE ABLE TO BE SUCCESSFUL IN GETTING THIS ADJUSTMENT TO BE ZONING OF A TRUCKS PER DAY, THEN WE WILL PROCEED. WE HAVE BEEN GIVEN THE GREEN LIGHT THAT IF COUNCIL APPROVES THIS, WE CAN BEGIN CONSTRUCTION THIS FALL.

BECAUSE WE HAVE 500 PROJECTS, WE KNOW THEY ARE REAL AND THEY ARE GENUINE, AND THEY WANT TO SEE US PROCEED. WE ARE MISSING THE FINANCIAL HAVE OF THIS GROUP TO MAKE THINGS HAPPEN, AND WE HAVE MARKETED TO OTHER CAPITAL PARTNERS , AND HAVE SO FAR HAD NO BITES. BUT THIS HAS COME TOGETHER AND WILL HAPPEN IF WE CAN GET THIS APPROVED BY CITY COUNCIL. WE CERTAINLY RESPECT THE FACT THAT TRUCK TRAFFIC WAS AN ISSUE LAST YEAR WHEN THIS CAME THROUGH. SO THUS FAR, WE DO NOT ASK FOR A

[01:30:05]

I THINK THE BEST ENFORCEMENT IS, FRANKLY, THE TENANT KNOWING THAT THEY DON'T WANT TO BE RISKING THE CITY COMING IN AND BRING IT ON THE HAMMERS AND SING NO, YOU CANNOT DO THIS. I THINK THAT IS THE BEST ENFORCEMENT, FRIENDLY, RATHER THAN CITY STAFF WORRYING ABOUT IT. WE CAN ANSWER ANY QUESTIONS FOR YOU . IF YOU WANTED TO HEAR ABOUT THE TENANT PROFILE OR TYPE IT IN A TRAFFIC THAT YOU CAN SEE HERE, I CAN ELABORATE , OR IF THERE ANY OTHER QUESTIONS , WE ARE HERE

FOR THEM. >> OKAY, THANK YOU. DEPUTY

MAYOR WINGET? >> I WOULD LIKE TO ABOUT THE PROFILE, BUT I HAVE SOME QUESTIONS FIRST. HE BROUGHT UP A GREAT PINT ABOUT THE QUALITY OF THE COUNTRY. IS THE QUALITY OF THE CONCRETE SURROUNDING THE BUILDING ALSO THE SAME GRADE FOR TRUCK TRAFFIC ALL THE WAY AROUND?

>> YES. >> MOST OF IT IS A FIRE ROUTE

AROUND THE BUILDING. >> YES, FROM A FILING PERSPECTIVE , THE ENTIRE LOOP AROUND THE BUILDING DOES HAVE TO MEET THE FIRE CODE. BECAUSE OF THAT, IT IS A SUBSTANTIAL CONCRETE ENVIRONMENT TO MEET THOSE LOADS. YES, IT IS.

>> IS NOT AN ISSUE, BUT THE OBSERVATION I HAVE IS WITH TWO ADJACENT INDUSTRIAL BUILDINGS, I SUGGEST SUSPECT THAT A LOT OF TRUCK TRAFFIC WILL DETOUR THROUGH YOUR PARKING LOT BECAUSE IT WILL CIVILLY BE AN EASIER EXIT TO GET A DESIGNATED LEFT OR RIGHT TURN SIGNAL AT 66 AS OPPOSED TO WHERE IT IS NOW INSTEAD OF EXITING SURPRISE AND FACING THE TRAFFIC THAT IS THERE. IT'S A MONSTER GO WEST ON 56, FOR EXAMPLE, IT WOULD BE FAR EASIER TO EXIT THROUGH YOUR SPACE. FROM AN ENFORCEMENT STANDPOINT, THAT MAY MAKE IT MORE DIFFICULT BECAUSE YOU HAVE OTHER SEMI THE BOX TRUCKS THAT ARE EXCITED FROM WHAT WE ARE TALKING ABOUT IN TERMS OF THE CHANGE. BUT THEY'RE MORE MIGHT BE MORE TRAFFIC THERE THAN WHAT IS IS GENERATED BY YOUR DEVELOP AND SPECIFICALLY JUST BECAUSE I THINK YOUR NEIGHBORS ARE GOING TO END UP

USING YOUR SPACE TO DETOUR. >> I THINK WE HAVE DONE A DEVELOPMENTS INCLUDE RETAIL DEVELOPMENT OF BUILDINGS. THAT COMES WITH PROPERTY MANAGEMENT, AND WE HIRE COMMERCIAL PROPERTY MANAGEMENT FIRMS . NOT JUST A GUY WHO COMES IN ONCE OR TWICE, BUT PROFESSIONAL FIRMS THAT DEAL WITH THIS SORT OF THING WHETHER IT IS PEOPLE PUSHING PARKING, OR PEOPLE GOING THROUGH A NORTH PROPERTY WHERE THEY SHOULD NOT BE. I DON'T KNOW WE CAN LOOK TO THE CITY NECESSARILY, BUT IT IS ON THE PROPERTY MANAGEMENT TEAM TO TAKE MEASURES.

>> UNDERSTOOD. AND THEN, COULD WE HEAR A LITTLE ABOUT THE

TENANT PROFILE PLEASE? >> BEN WALLACE WITH COLORS INTERNATIONAL. I WILL BE RESENTING THEM ON THE LEASING OF THE PROPERTY. THIS ALSO HELP THEM FIND THE SITE AND HELP THEM PURCHASE THAT. I'VE BEEN INVOLVED SINCE DAY ONE.

OUR PRIMARY OBJECTIVE IS TO SEARCH AND GO AFTER THE CONTRACTOR SUPPLIED TYPE CURBS. THAT IS YOUR EASY CONTRACTORS, YOUR ELECTRICAL, YOUR PLUMBERS , THE GUYS THAT NEED TO BE CLOSE TO ROOFTOPS AND NEW HOME DEVELOPMENTS .

FRANKLY , LIKE THE DESIGN OF THE ASSET AS IT IS TODAY DOES NOT SUIT WELL FOR TRUE LOGISTICS. THEY WANT TO BE IN THE MIDDLE OF A GREENFIELD WHERE THEY ARE NOWHERE CLOSE TO AUTO PARKS. THIS WOULD NOT EVEN APPEAL TO THEM, NOR WITH THE RENTAL RATE THAT WE NEED APPEAL TO THEM. SO, IT IS REALLY GOING TO BE A FINE-TUNED MARKETING EFFORT TO SEARCH FOR SOMEONE THAT WANTS TO BE IN A SUBURBAN AREA, AND PUTTING A HEAVY IMPORTANCE ON PROXIMIT TO THOSE HOUSES. I THINK VERY LIKELIHOOD THAT WHOEVER LIVES THEIR LIVES IN ROWLETT. PEOPLE JUST DON'T WANT TO DRIVE FAR. DOES THAT ANSWER YOUR

[01:35:04]

QUESTION? >> WE NOT DID NOT LOSE ANY INTEREST TO THIS DELAY, RIGHT?

>> WE MIGHT HAVE, BUT WE WILL PURSUE IT.

>> OKAY. >> ALL RIGHT. ANY OTHER QUESTIONS? OKAY, COUNCILMEMBER BOWERS?

>> THIS IS FOR ROSS. WE RESTRICT TRUCK TRAFFIC FOR ANY

OTHER BUSINESSES IN ROLLA? >> NO, MA'AM. HOWEVER, WE DO HAVE OUR TRUCK ROUTES, BUT OUR TRUCK ROUTES ARE IDENTIFIED AS WELL AS 56. SO, FOR THE SITE, NO, MA'AM.

>> OKAY, SO WE DON'T TELL THEM THAT YOU CAN'T HAVE SO MANY TRUCKS, OR WE DON'T TELL SPROUTS, OR ANYBODY ELSE HOW

MANY TRUCKS THEY CAN HAVE? >> IN MOST INSTANCES, NO, BUT THERE COULD BE SITUATIONS WHERE PLAN DEVELOPMENT COMES IN, AND IT IS IN YOUR PURVIEW TO PUT THEM ON THE RESECTIONS.

>> OKAY, THANK YOU. >> OKAY. ANY OTHER QUESTIONS?

IS THIS A MOTION? >> YES.

>> OKAY, I WILL ENTERTAIN A MOTION THEN. DEPUTY MAYOR

WINGET? >> I MAKE A MOTION THAT WE IMPROVE THE MOTION TO THE PLAN DEVELOPMENT THAT WOULD IMPROVE THE SEMI TRACTOR TRAILER/18 WHEELER TRUCKS COMING AND GOING FROM THE SITE TO NO MORE THAN EIGHT PER DAY, AS WELL AS ASSIGNING SIGNAGE ON THE PROPERTY A REQUIRES TRUCK ACCESS TO BE FROM THE NORTHWEST EXIT, AND NOT THE SOUTHEAST, AND OFFER TRAFFIC TO BE ROUTED TO THE NORTHWEST.

>> YES, GO AHEAD. >> I WANT TO PUBLIC HEARING.

>> YOU ARE AWESOME. OH, GOODNESS GRACIOUS. SEE? SKIPPING US OUT OF TROUBLE. I LIKE THAT. WE WILL NOW OPEN THE PUBLIC HEARING. ANYONE FROM THE AUDIENCE WISH TO SPEAK ON THIS ITEM? ALL OF THAT FOR NOTHING. OKAY. WELL, IN THAT CASE I WILL CLOSE THE PUBLIC HEARING. NOW, DEPUTY MAYOR

WINGET? >> PLAY IT AGAIN, SAM. MAYOR, AND MAKE A MOTION THAT WE APPROVE THE MOTION TO THE PLAN DEVELOPMENT TWO. NUMBER ONE, INCREASE MAXIMUM DEVELOPMENT OF SEMI TRACTOR TRAILER/18 WHEELER TRUCKS COMING AND GOING FROM THE SITE TO BE NO MORE THAN EIGHT PER DAY, AND TWO, INSTALL ADDITIONAL SIGNAGE THAT REQUIRES TRUCK ACCESS TO BE FROMTHE NORTH YOU CANNOT SOUTHEAST, AND TRUCK TRAFFIC TO

BE ROUTED TO THE NORTHWEST. >> ALL RIGHT, IS THERE A SECOND? RTS? THERE WE GO. COUNCILMEMBER REAVES?

>> I SECOND. >> THERE IS A MOVEMENT BY DEPUTY MAYOR WINGET, AND SECONDED BY COUNCILMEMBER REAVES. IS THERE A DISCUSSION? COUNCILMEMBER SHINDER?

>> YOU KNEW I WOULD. >> I WAS WAITING ON YOU.

>> ANSWER PATHETIC. I REALLY AM. THINGS CHANGE, AND YOU CAN'T ANTICIPATE WHAT YOU ARE GOING TO BE UNTIL YOU GET REALLY INTO IT. BUT, I DO FEEL LIKE THERE IS A REASON THAT THE COUNCIL PLACE TO THE TWO SEMI LIMIT ON THIS PROPERTY IN THE FIRST PLACE. I DON'T THINK IT WAS JUST AN ARBITRARY NUMBER THAT WE PULLED OUT OF THE AIR. THE INTENSE, AS I UNDERSTOOD, IS TO MINIMIZE THE IMPACTS ON THE ROADS AND ON THE SURROUNDING BUSINESSES. AND I REALLY DON'T SEE WHERE ANYTHING HAS CHANGED THAT WOULD MAKE THAT IMPACT LESS OF AN ISSUE NOW THAN IT WAS THEN. ONE OF THE BIGGEST COMPLAINTS THAT I HAVE HEARD FROM THE PUBLIC IS THAT THE COUNCIL DOES NOT HOLD THE DEVELOPERS TO THE AGREEMENTS THAT THEY MAKE.

SO, IT REALLY BOTHERS ME WHEN WE KEEP COMING BACK AND CHANGING THINGS AT THE REQUEST OF THE DEVELOPERS. AND AGAIN, I UNDERSTAND THE REASONS. I UNDERSTAND WHY THIS REQUEST IS BEING MADE. BUT, THE DEVELOPER AGREED TO THE STIPULATION OF THE TIME THAT THIS WAS APPROVED. AND I WILL NOT BE VOTING IN FAVOR OF THIS FOR THAT REASON.

>> THANK YOU. ANY OTHER DISCUSSION? DEPUTY MAYOR

WINGET? >> THANK YOU, MAYOR. I ALWAYS MADE THE MOTION SO I WILL BE SUPPORTING THIS ITEM, BUT I THINK IT IS IMPORTANT THAT WHEN WE HAVE SOMEONE THAT GETS YOU INFORMATION, THEY SHOULD HAVE THE OPPORTUNITY TO ADJUST, COURSE CORRECT, AND AMEND. FRANKLY, I DON'T SEE THIS AS THAT BIG OF AN ISSUE. I'M THINKING TO MYSELF EARLIER TODAY , I BET YOU COULD GO OUT AND STAND ALONG HIGHWAY 56, AND WITHIN 15 MINUTES, YOU COULD SEE EIGHT TRUCKS, DOUBLE OR TRIPLE OF THAT BECAUSE IT IS A STATE HIGHWAY, AND IT IS A MAJOR COMMERCIAL THOROUGHFARE. SO, EIGHT TRUCKS EVER SHOW

[01:40:03]

>> I AGREE WITH EVERYTHING YOU JUST SAID. I DON'T THINK THERE IS A SIGNIFICANT IMPACT FROM TWO TO EIGHT. ANY OTHER COMMENTS? ALL RIGHT. THEN CALL THE VOTE. AND THAT ITEM CARRY 6-1. WITH THAT, WE ALREADY COMPLETED OUR OTHER EXECUTIVE SESSION ITEMS WITH NO ACTION TAKEN . WE WILL GO TO ITEM NINE, MEMBERS OF THE CITY COUNCIL MAY REQUEST TOPICS TO BE PLACED ON AN AGENDA FOR A SUBSEQUENT MEETING, AND ANY DELIBERATION OR DECISION WILL BE LIMITED TO PLACING THE TOPIC FOR THE SUBSEQUENT MEETING. COUNSEL? ALL RIGHT. SINCE THERE IS NONE

* This transcript was compiled from uncorrected Closed Captioning.