Feb 18, 2025 City Council Meetings

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>>> LADIES AND GENTLEMEN, IF WE CAN, THERE ARE SOME SEATS KIND OF IN THE MIDDLE AND UP HERE AT THE FRONT AS WELL FOR

[1. CALL TO ORDER]

WELCOME TO TONIGHT'S MEETING OF THE ROWLETT CITY COUNCIL, TUESDAY, FEBRUARY 18TH, OF THE TEXAS GOVERNMENT CODE, THIS MEETING MAY BE CONVENED INTO CLOSED SESSION, FOR SEEKING LEGAL ADVICE FROM THE CITY ATTORNEY. THE CITY OF ROWLETT RESERVES THE RIGHT TO RECONVENE, OR CALLED EXECUTIVE SESSION OR ORDER OF BUSINESS AT ANY TIME PRIOR TO ADJOURNMENT. THERE ARE REQUEST TO SPEAK FORMS AND INSTRUCTIONS AVAILABLE INSIDE THE DOOR IN THE BACK LEFT PART OF THE ROOM, AND BEFORE EACH MEETING, WE HAVE AN INVOCATION, PASTOR BRIAN HYATT, I INVOIT YOU VITE YOU TO JOIN IN THE

INVOCATION. >> GOOD EVENING, EVERYONE.

LET'S PRAY. FATHER WE THANK YOU FOR THIS DAY. WE THANK YOU FOR THE GOODNESS OF GOD. LORD, WE THANK YOU THIS OPPORTUNITY WE HAVE BEEN GIVEN TO PRAY OF ALL THE THINGS WE CAN DO AND SHOULD DO THIS IS IT.

WE PRAY TONIGHT FOR THIS MEETING, FOR EACH ONE THAT'S HERE. FOR OUR LEADERS, FOR THE PEOPLE THAT ARE GATHERED BEHIND ME.

LORD, THAT YOUR WISDOM WILL PREVAIL, AND YOUR WORK WILL PREVAIL. AND LORD HELP US TO REMEMBER THAT THE MOTTO THAT HANGS ON THE WALL HERE AT THE CITY THAT WE ARE TO BE SERVANTS AND TO SERVE, AND SO GOD TEACH US HOW TO BE BETTER SERVANTS AND OUR COUNCIL, GIVE THEM THE WISDOM ON HOW TO SERVE BECAUSE THAT'S THE GREATEST MODEL OF LEADERSHIP WE HAVE EVER SEEN. I PRAY BY THE POWER OF THE HOLY SPIRIT THAT YOU WOULD LEAD AND GUIDE AND DIRECT IN JESUS' NAME, AMEN.

>> THANK YOU, PASTOR. IF YOU WOULD, JOIN ME IN THE 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 JUSTICE FOR ALL.

>> AND NOW THE TEXAS PLEDGE. HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE.

>>> THANK YOU, PLEASE BE SEATED.

>> ALL RIGHT. WE WILL CALL THE MEETING TO ORDER, OUR FIRST ORDER OF BUSINESS THIS EVENING.

OUR TWO EXECUTIVE SESSION ITEMS, ITEM 2A, WE'RE GOING TO HOLD BEFORE THE PRESENTATION OF THAT ITEM WHICH IS ITEM 7G, SO WE WILL HOLD THE EXECUTIVE SESSION, ITEM 2A, BEFORE ITEM 7G, HELD

[4A. Receive the Annual Comprehensive Financial Report for the fiscal year ended September 30, 2024, which includes the independent auditor’s report.]

>> GOOD EVENING, MAYOR AND COUNCIL.

THE CITY'S CHARTER REQUIRES AN ANNUAL INDEPENDENT AUDIT EACH YEAR OF THE CITY'S FINANCIAL RECORDS TO BE PERFORMED BY A CERTIFIED PUBLIC ACCOUNTANT WITH THE RESULTS READ INTO RECORD AT AN OFFICIAL CITY COUNCIL MEETING. IN COMPLIANCE WITH THIS REQUIREMENT, THE AUDIT FIRM IS HERE TO PRESENT AND READ INTO RECORD THE RESULTS OF THIS YEAR'S AUDIT OF THE CITY'S FINANCIAL REPORT FOR THE FISCAL YEAR ENDING SEPTEMBER 30TH, 2024, INCLUDING AN OPINION ON THE FAIR AND ACCURATE PRESENTATION OF THE FINANCIAL STATEMENTS, DEFICIENCIES OF THE CITY'S ACCOUNTING PRACTICES, PROCEDURES, AND INTERNAL CONTROLS, QUALITATIVE ASPECTS OF THE CITY'S ACCOUNTING PRACTICES, PROCEDURES, AND INTERNAL CONTROLS AND REPORT ANY CONCERNS OR ISSUES THAT THEY MAY HAVE FOUND DURING THEIR AUDIT, AS WELL AS FINANCIAL HIGHLIGHTS FOR THE FISCAL YEAR.

RESULTS WERE REPORTED TO THE FINANCE COMMITTEE YESTERDAY.

SO AT THIS TIME, I WOULD LIKE TO INTRODUCE CLAIRE WOOTEN.

SHE IS OUR REPRESENTATIVE LEADER TO PRESENT THE FINAL AUDIT REPORT INTO RECORD.

>> THANK YOU, WENDY. MY NAME IS CLAIRE WOOTEN, I'M HERE TODAY REMITTING WEAVER. WE MET WITH THE FINANCE COMMITTEE AND GAVE OUR FULL PRESENTATION THERE.

JENNIFER IS THE PARTNER ON THE AUDIT AND I'M THE DIRECTOR.

WE SUPERVISE OUR TEAM THAT WAS OUT HERE IN DECEMBER.

WE PERFORMED OUR AUDIT ACCORDING TO THE GENERALLY ACCEPTED AUDITING STANDARDS, GENERALLY ACCEPTED AUDITING STANDARDS, AND PERFORMED A SINGLE AUDIT IN PERFORMANCE WITH THE UNIFORM GUIDANCE, AND THAT COVERS THE FEDERAL FUNDS YOU HAVE RECEIVED AND SPENT DURING THE FISCAL YEAR.

WE ALSO AUDIT COMPLIANCE OVER THE CITY'S PUBLIC FUNDS, THEIR INVESTMENT PROCESS, WHICH ARE PUBLISHED UNDER THE PUBLIC FUNDS

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WE LOOK AT THE DIFFERENT AUDITING STANDARDS AND GOVERNMENT ACCOUNTING STANDARDS THAT ARE COMING OUT THROUGHOUT THE YEAR.

WE COME OUT DURING AUGUST TO PERFORM WALK- THROUGHS OF INTERNAL CONTROLS. WE MEET WITH MANAGEMENT TO LOOK THROUGH ANY NEW PROCESSES. WE PERFORM OUR FRAUD INQUIRIES, AND THEN WE START TESTING INTERNAL CONTROLS.

AND THEN WHEN THE CITY HAS CLOSED UP THEIR BOOKS, THEY HAVE FINALIZED ALL THE NUMBERS. WE COME OUT IN DECEMBER, AND WE AUDIT THOSE NUMBERS. WE'RE VOUCHING MATERIAL TRANSACTIONS, WE'RE ANALYTICALLY TESTING THE BALANCES AS WELL.

ONCE WE FINISHED OUR AUDIT, WE ISSUE AN OPINION IN FEBRUARY, AND WE MET WITH THE FINANCE COMMITTEE YESTERDAY, AND THEN WE'RE HERE TODAY, TONIGHT, TO MEET WITH COUNCIL.

AND THEN THROUGHOUT THE YEAR, WE REALLY LIKE TO MAKE THIS A CONTINUOUS COMMUNICATION WITH FINANCE, AS THEY HAVE QUESTIONS THROUGHOUT THE YEAR. THEY ARE MORE THAN WELCOME TO CALL US UP, TO CALL JENNIFER, THE PARTNER, E- MAIL US, IF THEY HAVE ANY NEW POLICIES OR ANY NEW TRANSACTIONS THAT HAVE HAPPENED DURING THE YEAR. WE LIKE TO TALK THROUGH THEM AS THEY'RE HAPPENING, SO THAT WAY IF THERE IS ANY NEW GUIDANCE WE NEED TO RESEARCH THAT WE CAN HELP THEM ALONG THE WAY. THERE WERE NO CHANGES TO OUR ORIGINAL PLANNED APPROACH THAT WE ORIGINALLY COMMUNICATED WITH THE CITY WHEN WE MET WITH FINANCE COMMITTEE IN OCTOBER AT OUR PLANNING MEETING WITH THEM IN OCTOBER. WE DID IDENTIFY A RISK OF IMPROPER REVENUE RECOGNITION, BUT THAT IS A RISK THAT IS REALLY PERVASIVE TO ANY ENTITY THAT RECEIVES REVENUE. NO MATTER WHAT CITY, NO MATTER WHAT AUDIT CLIENT WE HAVE, THAT IS A RISK YOU'RE GOING TO SEE US PLACE ON THE ENTITY.

SO WE ARE LOOKING AT AND LOWERING OUR SCOPE WHEN IT COMES TO REVENUE. WE HAVE -- WE HAVE ISSUED OUR UNMODIFIED OPINION ON -- WHICH IS THE AUDIT REPORT THAT YOU WILL FIND IN THE ANNUAL COMPREHENSIVE FINANCIAL STATEMENTS. WE HAVE ISSUED AN UNMODIFIED REPORT, WHICH IS A CLEAN OPINION.

THE CLEANEST OPINION YOU CAN GET.

WE HAVE ALSO ISSUED OUR UNMODIFIED AUDIT REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM, WHICH WE COVERED THE -- TESTED THE SAFER PROGRAM FOR FIREFIGHTERS.

DURING THE COURSE OF OUR AUDIT, WE IDENTIFIED NO UNCORRECTED MISSTATEMENTS, AND NO MISSTATEMENTS THAT WERE IDENTIFIED BY US ALSO CORRECTED BY MANAGEMENT. NOT ONLY WERE THERE NO CORRECTED MISSTATEMENTS, SO THOSE ARE LIKE AUDIT ADJUSTING JOURNAL ENTRIES, THERE WERE NONE OF THOSE AND NO MISSTATEMENTS THAT WERE TRIVIAL ENOUGH TO PASS ON. WE DID NOT IDENTIFY THOSE.

THE FINANCIAL STATEMENTS THAT ARE IN YOUR -- THE NUMBERS IN HERE ARE THE NUMBERS IN THEIR TRIAL BALANCE. AND THEN WE IDENTIFIED NO MATERIAL WEAKNESSES NOTED AS WELL, AND NO INDEPENDENCE MATTERS FROM US AS A TEAM OR US AS AN AUDIT FIRM TO REPORT TO YOU. AND THEN AS THE DATE OF THE COMMUNICATIONS IN HERE, WE HAVE ISSUED NO OTHER COMMUNICATIONS.

SO NO OTHER MANAGEMENT LETTER OR INTERNAL CONTROL LETTER THAT WE NEED TO MAKE YOU ALL AWARE OF. WE ALSO IDENTIFIED THE MANAGEMENT OF OVERRIDE OF INTERNAL CONTROLS, A PERVASIVE RISK TO ANYWHERE WE AUDIT AS WELL. WE GET PAST THAT RISK BY DOING A NUMBER OF PROCEDURES LIKE JOURNAL ENTRY TESTING, INCORPORATING ELEMENTS OF UNPREDICTABILITY, REVIEWING SIGNIFICANT ESTIMATES FOR BIAS AND NOTED NO AUDIT FINANCE THERE. LIKE I WAS TALKING ABOUT EARLIER, THE RISK OF FRAUD AND REVENUE RECOGNITION, WE PINPOINT THAT TO CHARGES FOR SERVICES ON THE WATER AND SEWER SIDE.

ALL OF THE UTILITY BILLING TRANSACTIONS, WE DO SIGNIFICANT PROCEDURES THERE AS WELL AS WITH GRANTS, BOTH FEDERAL AND STATE.

SO THOSE INVOLVE DETAILED TRANSACTION TESTING, EVEN THOSE THAT ARE INDIVIDUALLY I IMMATERIAL, AND NOTED NO FINDINGS.

WE NOTE THAT THERE ARE NO CHANGES IN YOUR SIGNIFICANT ACCOUNTING POLICIES THAT WE HAVE IDENTIFIED. THE CITY ALSO IMPLEMENTED GASBY 100. THAT HAD NO FINANCIAL STATEMENT IMPACT. EVEN THOUGH IT WAS IMPLEMENTED THERE WAS NOTHING TO NOTE IN YOUR FINANCIAL STATEMENTS, AND THEN THERE WERE REALLY NO OTHER ITEMS UNDER PROFESSIONAL AUDITING STANDARDS THAT WERE REQUIRED TO REPORT TO YOU.

THE MOST SENSITIVE ACCOUNTING ESTIMATES THAT YOU'LL SEE IN HERE ARE CONSIDERED TO BE THE PINCH LIABILITIES, AS WELL

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THIS IS JUST A BRIEF SUMMARY OF WHAT GASBY 100 WAS THAT WAS IMPLEMENTED IN THE YEAR. THERE WAS NO EFFECT IN THE FINANCIAL STATEMENTS BECAUSE THERE WERE NO CORRECTIONS MADE DURING THE YEAR, SO THERE WERE BASICALLY NO ERRORS THAT HAD TO BE CORRECTED AND THEN THERE WERE NO CHANGES TO THE REPORTING ENTITY THAT HAD TO BE PULLED OUT AND IDENTIFIED. SO IT HAD NO EFFECT ON YOUR FINANCIAL STATEMENTS. THERE WERE NO SIGNIFICANT OR UNUSUAL TRANSACTIONS THAT LACKED ANY ACCOUNTING GUIDANCE OR LACKED ANY SUPPORTIVE INFORMATION FROM THE CITY. WE IDENTIFIED NO IDENTIFIED OR SUSPECTED FRAUD THROUGH OUR PROCEDURES. WE NOTED THAT THERE WERE NO SIGNIFICANT DIFFICULTIES ENCOUNTERED DURING THE AUDIT, SO ANYTHING THAT MANAGEMENT PROVIDED TO US, THEY GAVE US VERY QUICKLY, VERY TIMELY, WAS CLEAN AND TIED BACK TO THEIR TRIAL BALANCE, REALLY WITHOUT ANY EXCEPTIONS. NO DISAGREEMENTS WITH MANAGEMENT. SO WE HAD NO -- NOTHING THAT WE REALLY COULDN'T COME TO A CONCLUSION ON TOGETHER, AND THEN AS OF THE DATE OF THE FINANCIAL STATEMENTS WHEN WE WERE READY TO ISSUE OUR OPINION, WE REQUESTED A MANAGEMENT REPRESENTATION LETTER THAT THEY DATED THE SAME EXACT DATE AS OUR OPINION, WHERE THEY ARE TAKING RESPONSIBILITY OF THE FINANCIAL STATEMENTS.

AND THEN LASTLY, MANAGEMENT'S CONSULTATIONS WITH OTHER ACCOUNTANTS, IF YOU ALL WERE UNHAPPY WITH THE OPINION THAT YOU RECEIVED, IF THERE WAS BAD NEWS IN HERE AND YOU ALL DECIDED TO GO OUT TO ANOTHER ACCOUNTING FIRM, THAT IS NOT THE CASE BECAUSE YOU ALL HAVE GOOD NEWS TONIGHT IN YOUR FINANCIAL STATEMENTS SO THERE IS NO OTHER MANAGEMENT CONSULTATIONS THAT WE'RE AWARE OF, AND THERE'S NO OTHER SIGNIFICANT MATTERS OR ISSUES WE NEED TO MAKE YOU ALL AWARE OF AS WELL. THAT IS ALL I HAVE FOR YOU TONIGHT. DO YOU ALL HAVE ANY QUESTIONS OR WANT TO DISCUSS ANYTHING RELATED TO THE FINANCIAL STATEMENTS

TONIGHT? >> COUNCIL, ANY

QUESTIONS? >> AS MS. WOOTEN MENTIONED, WE DID MEET WITH THE FINANCE COMMITTEE AND PUT OUR HEADS TOGETHER, AND REVIEWED THIS IN DETAIL, AND ASKED QUESTIONS ALONG THE WAY, AND I'M REALLY PLEASED WITH THE RESULT WE HAD THIS YEAR WITH AN UNMODIFIED

[4B. Present the Comprehensive Monthly Financial Report (CMFR) for the period ending December 31, 2024.]

>> THANK YOU.

>> ALL RIGHT. LET'S MOVE ON TO OUR NEXT PRESENTATION, ITEM 4B, PRESENT THE COMPREHENSIVE MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDING DECEMBER 31ST, 2024, AND ALSO MAKING THAT PRESENTATION IS FINANCE DIRECTOR, WENDY BADGET.

>> ALL RIGHT. THAT WRAPPED UP THE FINAL REPORT FOR FISCAL YEAR '24, SO TONIGHT I'M GOING TO GIVE YOU THE FIRST QUARTER FINANCIAL REPORT FOR OUR NEW FISCAL YEAR FOR THE PERIOD ENDING DECEMBER 31ST, 2024.

THIS REPORT WAS REVIEWED IN MORE EXTENSIVE DETAIL YESTERDAY WITH THE CITY'S FINANCE COMMITTEE, YESTERDAY AFTERNOON, WHILE WE ALSO WENT OVER THE FISCAL YEAR AUDIT RESULTS.

OVERALL IN THE FIRST QUARTER, THE CITY EARNED OR RECEIVED 59 MILLION IN REVENUE THIS QUARTER.

THIS AMOUNT IS 700,000 OR 1% LOWER THAN THE OPERATING BUDGET OF 149 MILLION.

EXPENSES TOTALLED 30 MILLION, WHICH IS 2 MILLION OR 7% LESS THAN THE REVISED BUDGET OF 148 MILLION. PROPERTY TAXES REPRESENT 60% OF THE GENERAL FUND REVENUE BUDGET AND THEY SERVE AS THE PRIMARY FUNDING SOURCE FOR THE GENERAL GOVERNMENT. THE CITY COLLECTED 24 MILLION IN GENERAL FUND PROPERTY TAX REVENUE. SHORT OF THE QUARTERLY FORECAST BY 1.5 MILLION. AND THIS IS DUE TO THE TIMING OF PROPERTY TAX PAYMENTS THAT ARE NOT DUE UNTIL JANUARY 31ST.

SOMETIMES WE SEE THAT INFLUX IN DECEMBER.

SOMETIMES WE DON'T SEE IT UNTIL JANUARY BECAUSE THE PAYMENTS AREN'T DUE UNTIL THE 31ST. MOVING INTO THE SECOND QUARTER OF THE FISCAL YEAR, WE LOOK BACK TO FEBRUARY, AND WE ARE IN LINE WITH OUR PROJECTIONS FOR FISCAL YEAR MOVING FORWARD.

SALES TAXES ARE COLLECTED BY THE STATE COMPTROLLER AND REPRESENT 15% OF THE GENERAL FUND REVENUE BUDGET. SALES TAX REVENUES ARE SHOWN REPORTED AS 24,000 ABOVE FORECAST FOR THE QUARTER WITH DECEMBER AS YOU CAN SEE IN THE GRAPH INCLUDED AS AN ESTIMATE.

HOWEVER, SUBSEQUENT TO THE DECEMBER FINANCIAL REPORT, THE COMPTROLLER'S OFFICE REPORTED THE ACTUAL DECEMBER COLLECTIONS TO US, AND THAT BROUGHT OUR FIRST QUARTER UP TO 120,000 OR 5% ABOVE FORECAST. OVERALL, GENERAL FUND

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TYPICALLY FOR THE FIRST QUARTER WE SEE THIS AS WE LOOK AT THE EXPENSES.

THE GENERAL FUND EXPENSES ARE 5. 1 BELOW FORECAST MAINLY DUE TO THE TIMING OF SUPPLY PURCHASES, SEASONAL SERVICES, ELECTION COSTS AND VARIOUS ANNUAL CONTRACT THAT IS DON'T START UNTIL AFTER THE FIRST QUARTER. SO AS WE PREVIOUS YEARS, EXPENSES ARE EXPECTED TO ALIGN MORE CLOSELY WITH THE BUDGET AS THE YEAR PROGRESSES INTO THE SECOND AND THIRD QUARTER. MOVING ON TO THE UTILITY FUND, WATER REVENUES REPRESENT ALMOST 60% OF THE UTILITY FUND REVENUE BUDGET, AND COVER THE COST OF WATER ACQUISITION FROM THE NORTH TEXAS MUNICIPAL WATER DISTRICT. AS OF THE QUARTER END, WATER REVENUES WERE REPORTED AT 400,000 OR 8% ABOVE FORECAST.

SUER REVENUES REPRESENT 40% OF THE UTILITY FUND REVENUE BUDGET AND COVER THE COST OF SEWER TREATMENT FROM THE CITY OF GARLAND FOR THE FIRST QUARTER, SEWER REVENUES ARE REPORTED AT 114,000 OR 3% ABOVE FORECAST. AND OVERALL IN THE UTILITY FUND REVENUES ARE ABOVE FORECAST BY 665,000 FOR THE FIRST QUARTER, REPRESENTING OUR SURPLUS IN BOTH WATER AND SEWER REVENUES AS WELL AS SOME INTEREST EARNINGS. EXPENSES ARE 576,000 BELOW BUDGET, THIS IS DRIVEN BY LOWER THAN ANTICIPATED WASTE WATER TREATMENT COST AND THE TIMING OF A WIDE RANGE OF SERVICES AND SUPPLY PURCHASES, SAME AS THE GENERAL FUND, TAKES A LITTLE BIT OF TIME TO GET THE PROJECTS AND CONTRACTS KICKED OFF IN THE FIRST QUARTER OF THE FISCAL YEAR. AND TO FINISH OUT TONIGHT'S PRESENTATION, ANOTHER KEY FISCAL YEAR 2025 BUDGETED FUNDS, THE DRAINAGE AND EMPLOYEE HEALTH BENEFIT FUNDS BOTH MET OR EXCEEDED QUARTERLY FORECASTED REVENUES AND WERE WITHIN THEIR FORECASTED EXPENSES AND THE DEBT SERVICE FUND WAS WITHIN FORECASTED EXPENSES BUT IT FELL SHORT OF REVENUE PROJECTIONS BY 643,000.

THIS ALSO IS DUE TO THE TIMING OF THOSE PROPERTY TAX PAYMENTS THAT AREN'T DUE UNTIL JANUARY 31ST, AND ARE LAGGING INTO THE SECOND QUARTER, AND FINALLY THE FUND EXCEEDED FORECAST EXPENSES BY 62,000, DUE TO INCREASED VOLUME OF SERVICE. HOWEVER, THIS EXTRA COST OF INCREASED FEE REVENUES FOR THE SERVICES THAT WERE PROVIDED.

AND THAT IS THE CONCLUSION OF TONIGHT'S FINANCIAL UPDATE.

I'LL BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

>> COUNCIL, ANY QUESTIONS ON THE FINANCIAL UPDATE?

>> I NEGLECTED TO DO THIS DURING THE LAST ITEM, WENDY, THANK YOU, THANK FOR TEAM FOR THE HARD WORK YOU DO. YOU'RE THE REASON WE'RE IN THAT UNMODIFIED OPINION, AND LIKE WISE TO OUR DEPUTY CITY MANAGER FOR THE OVERSIGHT OF YOUR DEPARTMENT, ESSENTIALLY

[4C. Update from the City Council and Management: Financial Position, Major Projects, Operational Issues, Upcoming Dates of Interest and Items of Community Interest.]

WITH THAT, WE'LL MOVE ON TO ITEM 4C, FINANCIAL POSITION MAJOR PROJECTS, OPERATIONAL ISSUES, UPCOMING DATES OF INTEREST, AND MAKING THOSE PRESENTATIONS THIS EVENING IS COUNCIL MEMBER ELISE BOWERS.

>> THE CITY SECRETARY'S OFFICE.

THE COUNCIL GENERAL AND SPECIAL ELECTION WILL BE HELD ON MAY 3RD. THE FILING PERIOD FOR CANDIDATES FOR MAYOR WILL END ON MARCH 3RD. IF YOU ARE INTERESTED IN RUNNING FOR MAYOR, YOU MAY REQUEST A CITY COUNCIL CANDIDATE PACKET FROM THE CITY SECRETARY'S OFFICE ON THE CITY WEB SITE AT ROWLETT.COM. ARE YOU LOOKING FOR WAYS TO GIVE BACK TO THE COMMUNITY? IF SO, WE HAVE A SPOT FOR YOU, WE ARE LOOKING FOR COMMITTED RESIDENTS, WILLING TO VOLUNTEER A FEW HOURS OF THEIR TIME EACH MONTH TO SERVE ON A BOARD OR COMMISSION.

APPLICATIONS WILL BE ACCEPTED THROUGH FEBRUARY 28TH FOR THE BOARD OF ADJUSTMENT OR SENIOR ADVISORY BOARD AND THE APPLICATIONS ARE AVAILABLE ONLINE AT ROWLETT.COM.

FROM OUR OFFICE OF ECONOMIC AND COMMUNITY ENGAGEMENT, THE CULTURAL ROULETTE IN ROWLETT SERIES CONTINUES ON FRIDAY, FEBRUARY 28TH, AT THE ROWLETT COMMUNITY CENTER.

COME CELEBRATE MARDI GRAS FROM 6 TO 9:00 P.M. WITH FESTIVE MUSIC, DELICIOUS CUISINE, CRAFTS AND FAMILY- FRIENDLY ENTERTAINMENT. AS PART OF OUR EVENT, SPICY TAILS IS SERVING UP TWO POUND CRAWFISH PLATES WITH CORN AND POTATOES FOR $20. PREORDERS CLOSE ON FEBRUARY 27TH AT MIDNIGHT, AND A LIMITED NUMBER OF PLATES WILL BE AVAILABLE AT THE EVENT FOR $25.

DON'T MISS OUT. ORDER EARLY.

FOR MORE INFORMATION OR TO PREORDER YOUR CRAWFISH, VISIT

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VISIT ROWLETT. COM/LIBRARY TO SUBSCRIBE TO THE NEWS LETTER AND EXPLORE ALL THE REASONS TO LOVE YOUR PUBLIC LIBRARY.

ENTER THE ARTS AND HUMANITIES COMMISSIONS WRITING CONTEST FOR A CHANCE TO WIN $150. ENTRIES ARE DUE ON FEBRUARY 28TH.

VISIT ROWLETT. COM, WRITING FOR ENTRY FORM AND ADDITIONAL DETAILS. AND AGAIN, IT'S TIME FOR ROWLETT SINGS. I KNOW EVERYBODY REALLY ENJOYS THAT. SUBMIT YOUR VIDEO AUDITION BY FEBRUARY 28TH TO BE SELECTED FOR A CHANCE TO ENTER THE VOCAL COMPETITION ON SATURDAY, MARCH 29TH, AT ROWLETT HALL.

SOLO AND GROUP ACTS OF ALL AGES ARE WELCOME TO COMPETE FOR CASH PRIZES, AND THAT'S IT.

>> THANK YOU, COUNCIL MEMBER BOWERS, AND COUNCIL MEMBER REAVES HAS AN UPDATE FROM THE ANIMAL

SHELT SHELTER. >> WITH A CROWD THIS SIZE, WE SHOULD BE ABLE TO FIND A HOME MEET WREN, LOVES MEETING NEW FRIENDS AND IS GREAT WITH DOGS AND KIDS.

THE PERFECT EDITION FOR ANY FAMILY, MAYBE YOURS. LIT HIS PLAYFUL SPIRIT BRIGHTEN YOUR DAY. YOU WON'T WANT TO MISS ON THIS ADORABLE COMPANION READY TO BRING LOVE AND LAUGHTER TO YOUR LIFE. 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 TO SATURDAY.

>> THANK YOU, COUNCIL MEMBER REAVES.

COUNCIL, ANY OTHER UPDATES. DEPUTY MEMBER PRO TEM SHINDER.

>> I WANT TO RECOGNIZE THE GREAT WORK BY THE MUNICIPAL JUDGES AND COURT STAFF ALONG WITH OUR POLICE DEPARTMENT.

OUR CRIMINAL JUSTICE PERSONNEL DON'T OPERATE IN A VACUUM. THEY HAVE TO WORK WITH THE COUNTIES IN WHICH ROWLETT LIES AND OUR CITY'S REPUTATION WITH THOSE COUNTIES IS VERY IMPORTANT. COUNCIL MEMBERS BRITTON, BOWERS AND I AS MEMBERS OF THE COUNCIL COURT GOVERNANCE SUBCOMMITTEE WERE RECENTLY MADE AWARE OF A COMMENT BY THE CHIEF MAGISTRATE OF DALLAS COUNTY, JUDGE TIMOTHY SUMMERS WHO SAID THAT THE ROWLETT MUNICIPAL COURT AND JAIL STAND OUT AS AMONG TE VERY BEST IN DALLAS COUNTY.

JUDGE SUMMERS REPORTED THAT WHEN HE SEES ROWLETT AT THE TOP OF A WARRANT WITH A BOND AMOUNT, HE KNOWS WITH CONFIDENCE THAT EVERYTHING IS IN ORDER AND THE DEFENDANT HAS BEEN PROPERLY PROCESSED AND MAGISTRATED. HE WAS HIGHLY COMPLEMENTARY OF THE COURT, JUDGES AND JAIL. IT'S REALLY GREAT TO KNOW THAT OUR PEOPLE AND THEIR WORK ARE APPRECIATED OUTSIDE OF THE CITY, AND ON BEHALF OF THE COURT GOVERNANCE SUBCOMMITTEE, I WANT TO MAKE THE REST OF THE COUNCIL AWARE OF THIS AND GIVE JUDGE KILGORE WHO'S BACK THERE SOMEWHERE IN THE CROWD, AND ALL OF THE COURT STAFF THIS RECOGNITION HERE AT HOME TOO. THANK YOU.

>> THANK YOU. COUNCIL, ANY OTHER UPDATES?

[5. CITIZENS’ INPUT]

MASON GRIFFIN AND SHEILA LOBDUL, I BELIEVE THOSE ARE THE NAMES. YOU CAN WAIT NOW DURING CITIZENS INPUT OR WAIT AND SPEAK DURING THE PUBLIC HEARING.

SO MASON?

>> YOU WANT TO SPEAK DURING THE PUBLIC HEARING, AND SHEILA, PUBLIC HEARING. I'LL OLD YOUR CARDS UNTIL THE PUBLIC HEARING. THANK YOU SO MUCH.

WE HAVE A LARGE NUMBER OF SPEAKERS TONIGHT AS YOU CAN SEE. I ASK THAT EVERYONE AVOID CLAPPING AND INTERRUPTIONS AND OUTBURSTS, THAT WAY WE CAN BE RESPECTFUL OF EVERYBODY'S TIME AND OPINION AND KEEP THE MEETING MOVING ALONG. AT THIS TIME, COMMENTS WILL BE TAKEN FROM THE AUDIENCE.

THE FIRST REQUEST TO SPEAK CARD I HAVE IS KIM CHI NGUYE IN, IF YOU CAN COME TO THE MICROPHONE.

FOLLOWING KIM WILL BE MARTIN MALLOY ON DECK.

>> MY NAME IS KIM. I AM RESIDENT IN ROWLETT, 8205 MCGUIRE. I'M HERE --

>> MY NAME IS TONY, I LIVE AT 1901 HIGH MIDDLE STREET.

I HAVE OVER 30 YEARS OF LEADERSHIP EXPERIENCE.

I'M A FORMER TWO PLUS TERM CITY COUNCIL MEMBER AND FORMER MAYOR PRO TEM OF THIS GREAT CITY.

I SERVED OVER 23 YEARS IN THE UNITED STATES ARMY, RETIRED AS

[00:25:03]

>> ARE YOU MAKING A COMMENT?

>> MS. THOMAS, CAN YOU PUSH YOUR RTS BUTTON, PLEASE.

I'M GOING TO DEFER TO OUR CITY ATTORNEY.

>> NO, SHE CAN'T MAKE A COMMENT FOR SOMEONE THAT'S NOT HERE. SHE CAN REPRESENT SOMEONE BUT THEY HAVE TO BE HERE WITH HER.

>> THANK YOU, MS. NGUYEN. THE NEXT SPEAKER CARD I HAVE IS MARTIN MALLOY. FOLLOWING MR. MALLOY WILL BE RICHARD WHITE.

>> MAYOR, AND MEMBERS OF THE COUNCIL, MY NAME IS MARTIN MALLOY, 612 NEW FOREST IN ROWLETT. I'M SPEAKING ON ITEM 7G, WHICH IS THE PECAN GROVE MULTIUSE TRAIL, AND I URGE YOUR SUPPORT OF THAT.

I'M A MEMBER OF OFF ROAD BICYCLE ASSOCIATION.

WE MANAGE 200 MILES OF TRAILS. BASICALLY ON THE EAST SIDE OF THE METRO PLEX. WE DO THAT FOR FREE WITH A BUNCH OCHL OF CITIES THAT WE PARTNER WITH.

WE HAVE ACTIVE AGREEMENTS RIGHT NOW WITH TEXAS PARKS AND WILDLIFE. U.S. ARMY CORPS OF ENGINEERS, TEXAS LAND CON DALLAS, ROCKWELL, GRAPEVINE AND PLANO. THE PRESERVE OVER IN GARLAND IS ONE OF SQUABBLE CREEK IS ONE OF OURS.

WE'LL ALSO RECOGNIZE JACK SPARKS.

JACK, SAY HI. JACK IS THE LONGEST SERVING TRAIL STEWARD. HE DOES A FANTASTIC JOB OVER THERE. WE ARE PROPOSING TO BUILD AN 8 MILE PLUS A MINUS TRAIL AT PECAN GROVE ON THE FORESTED AREAS OF PECAN GROVE, A BEAUTIFUL SITE THAT WILL TAKE PEOPLE DOWN TO THE LAKE SHORE IN A COUPLE OF PLACES. WE WILL PROVIDE ALL MATERIALS, EQUIPMENT, AND VOLUNTEERS TO DO THE JOB.

WE'LL PROVIDE TRAIL SIGNAGE, TRAIL HEAD FEATURES, THINGS LIKE THAT.

WE ALSO CARRY LIABILITY INSURANCE FOR EVERYTHING WE DO. WE URGE YOUR SUPPORT OF THAT.

I KNOW WE WORKED A LONG TIME IN TRYING TO ANSWER QUESTIONS, AND GET THAT AND HOPEFULLY GET THE THING OVER THE FINISH LINE.

I WILL SAY REGARDLESS OF THE VOTE TONIGHT, I WILL NOT BE WORKING ON IT TOMORROW. WE LIKE TO WORK IN WINTER, BUT THIS IS JUST A BIT TOO MUCH FOR US. WITH THAT, THANK YOU VERY MUCH.

THANK YOU.

>> THANK YOU, MR. MALLOY. OUR NEXT SPEAKER WILL BE RICHARD WHITE, FOLLOWING THAT, MONICA KAZAR.

>> ITEM 7 G, THE PROPOSED TRAILS IS GOING TO BE A BENEFIT TO OUR COMMUNITY, TO OUR CITIZENS.

ALL AGES, GREAT FOR EVERYBODY'S HEALTH, BOTH PHYSICAL AND MENTAL. IT'S GREAT TO GET OUTDOORS. I WOULD ALSO LIKE THESE TRAILS TO HONOR THE MEMORY OF THE LATE EARL HAMMOND, AN ORIGINAL SIGNATORY ON THE CITY CHARTER. EARL WAS PASSIONATE ABOUT OPEN SPACES AND TRAILS. HE WAS THE PERSON THAT GOT ROWLETT CREEK START. HE WAS INSTRUMENTAL OF GETTING MANY OTHER TRAILS. HE WAS RECOGNIZED NATIONALLY FOR HIS TRAIL BUILDING EFFORTS.

I THINK IT'S GOOD THAT WE CAN HONOR A FELLOW CITIZEN.

I BELIEVE HIS WIFE IS STILL INVOLVED IN. SO O LOCAL COMMISSIONS.

SO IT WOULD BE GREAT TO SEE THIS DEVELOPMENT IN ROWLETT.

I THINK IT'S GOING TO BE A GREAT WAY TO ACTIVATE SOME OF OUR OPEN SPACE.

THANK YOU.

>> THANK YOU, MR. WHITE.

>> NEXT SPEAKER IS MONICA KAZAR, FOLLOWING MONICA WILL BE ALEXANDER ROBLES.

>> GOOD EVENING CITY COUNCIL, MAYOR PRO TEM, AND SHINDER AND WINGET. MY NAME IS MONICA, I'M A RESIDENT OF ROWLETT AT 3317 BOUBIER STREET.

I OWN A BUSINESS IN ROWLETT. WE GO TO CHURCH IN ROWLETT, WE SHOP IN ROWLETT. I'M HEAR TO READ SOME OF THE ANONYMOUS COMMENTS THAT WERE PROVIDED.

HOPEFULLY I CAN READ THESE. I WOULD JUST LIKE TO SAY THAT WE HAVE WITNESSED AND SEEN A LOT OF DESTRUCTION TO THE CITY BY MR. HALL, AND WE HOPE THAT WITH THE COMMENTARY AND SURVEYS THAT WERE BROUGHT FORWARD THAT HOPEFULLY EACH OF YOU HAVE READ THAT YOU HAVE MADE NOTICE OF THE DIRECTION OUR CITY IS GOING IN CURRENTLY, AND THAT DAVID HALL HAS TO GO. LET'S MAKE OUR CITY GREAT

[00:30:01]

>> THANK YOU. OUR NEXT SPEAKER IS ALEXANDER ROBLES FOLLOWED BY JOEL MEDINA.

>> I'M SORRY, I DON'T WANT TO

SPEAK. >> YOU DON'T WANT TO SPEAK.

>> THEN NEXT SPEAKER IS JOEL MEDINA, FOLLOWED BY MICHELLE WALLACE. JOEL MEDINA, 7606 BLUE WOOD DRIVE, ROWLETT, TEXAS, I WAS GOING TO PLAY SOME AUDIO FROM A WIFE OF FORMER INTERIM POLICE CHIEF BENSON, YOU KNOW HIM WELL. YOU POINTED HIM OUT, AND TOLD HIM THAT HIS SON AND HIS WIFE COULD GO F THEMSELVES AND THAT'S WHEN I DECIDED TO SPEAK UP.

WHEN SOMEBODY AFFECTS SOMEBODY IN A WAY THAT YOU HAVE, SIR, MAYBE I'M NOT SUPPOSED TO DIRECT MY COMMENTS TO YOU, BUT THIS IS FOR YOU. WHEN YOU CAN POINT AT SOMEBODY'S FACE AND SAY THAT, THERE'S SOMETHING WITHIN YOU THAT DOESN'T HAVE A FILTER, AND THOSE FILTERS, IT'S NOT FUNNY.

I'M GOING TO LEAVE THAT UP TO YOU. THAT'S YOUR CHARACTER, NOT MINE.

THAT BEING SAID, DEAR COUNCIL MEMBERS, I'M DEEPLY CONCERNED ABOUT THE ONGOING ISSUES OF OUR CITY ADMINISTRATION, WHICH APPEARS TO REFLECT A TROUBLING ABUSE OF POWER. BRINGING OUR CITY ATTORNEY IF GLEN HEIGHT AND THE DECISION TO CANCEL THE MENTAL HEALTH UNIT, RAISES CONCERNS ABOUT TRANSPARENCY, AND ACCOUNTABILITY.

IT SEEMS EVIDENT THAT THESE ACTIONS MAY BE INTENDED TO SUPPRESS DOCUMENTATION OF CONCERNS RAISED AGAINST LEADERSHIP. WHICH IS HIGHLY ALARMING.

YOU'VE COVERED KEY ROLES TO MAINTAIN YOUR ABUSE OF POWER.

FROM MY UNDERSTANDING, CITY EMPLOYEES ARE LEAVING AT AN UNPRECEDENTED RATE AND LEAVING KEY POSITIONS VACANT.

AS OF LAST WEEK, HOW MANY EMPLOYEES REMAIN IN HR, PLANNING AND ZONING, AND COMMUNITY DEVELOPMENT. TRANSPARENCY REGARDING STAFFING LEVELS IS CRITICAL FOR PUBLIC TRUST. ADDITIONALLY, COUNCIL, I URGE YOU, I IMPLORE YOU TO REVIEW THE OVER 50 EXIT INTERVIEW LETTERS WHICH PROVIDE FIRSTHAND ACCOUNTS OF WORKPLACE STRESS, ANXIETY, HEALTH CONCERNS AND SYMPTOMS OFOF AND A TOXIC WORK ENVIRONMENT. THESE PATTERNS CANNOT BE IGNORED. AS A BUSINESS OWNER IF I HIRED A PROJECT MANAGER THAT TERMINATED 40 FRT OF MY STAFF ON DAY ONE, I WOULD HAVE NO CHOICE BUT TO REMOVE THAT INDIVIDUAL. AS A CITIZEN, WE ARE YOUR CONSTITUENTS, AND WE EXPECT PROFESSIONALISM AND INTEGRITY, AND ACCOUNTABILITY FROM THOSE LEADERSHIP ROLES. SINCE 2023, TO CURRENT, THERE HAVE BEEN APPROXIMATELY 182 SEPARATIONS FROM CITY EMPLOYEES IN ROWLETT, TEXAS.

SIR, ACCOMPLISHMENTS ARE GOOD, BUT YOUR LEGACY WILL REMAIN. IF DAVID HALL REMAINS THE CITY MANAGER AFTER TODAY, FURTHER STEPS TO BE TAKEN WILL ESCALATE THIS MATTER FOR INVESTIGATION ON A HIGHER LEVEL FOR THE CITY OF GLEN HEIGHTS AND NOW OWLETT, TEXAS. SHOULD ANY WRONG DOING BE UNCOVERED AND THE CITY COUNCIL FAILS TO ACT, THOSE INVOLVED MAY BE HELD LEGALLY ACCOUNTABLE.

YOUR INITIALS ARE D.H., AND WE WILL REFER TO YOU AS MR. DOWNHILL MOVING FORWARD AS MOST OF THE CITY EMPLOYEES AND PAST EMPLOYEES ARE AGAINST YOU, THE ONLY THING WE HAVE ON OUR SIDE IS GRAVITY.

GOD BLESS YOU, AND I'LL PRAY FOR THE RIGHT PATH FOR YOU

ALL. >> THANK YOU, MR. MEDINA.

OUR NEXT SPEAKER IS MICHELLE WALLACE.

FOLLOWING WILL BE ALLISON

HOOPED. >> I'M MICHELLE, AND I'M WITH ROWLETT, TEXAS. DAVID, THIS ISN'T YOUR FIRST RODEO. YOU'RE NOT SCARED, AND I THINK YOU NEED TO BE BECAUSE THIS IS SOMETHING THAT HAS BECOME SO EVIDENT --

>> MS. WALLACE.

>> WHAT. >> IF YOU WOULD, PLEASE DIRECT YOUR COMMENTS TO THE COUNCIL.

>> OKAY. THANK

YOU. >> THIS HAS BECOME SO EVIDENT TO ALL CITIZENS, STAFF, AND OUR BUSINESSES: WHAT HE DOES IS HE COMES IN AND HE GUTS THE CITY. HE REPLACES THE TOP KEY PEOPLE WITH HIS OWN. HE INSULATES HIMSELF SO Y'ALL LIVE IN A BUBBLE, AND YOU DON'T KNOW WHAT HE'S DOING. YOU THINK YOU DO.

HE ONLY ALLOWS YOU TO KNOW WHAT HE WANTS YOU TO KNOW.

AS WAS STATED, VICTORIA WORKED WITH HIM IN GLEN HEIGHTINGS. YOU KNOW, MR. SCHUPP, I'M SORRY IF I'M NOT SUPPOSED TO ADDRESS YOU BUT YOU HAVE DISPARAGED MY FAMILY.

WE HAVE BEEN HERE 35 YEARS. YOU BROUGHT INFORMATION OUT OF A CLOSED SESSION, WHICH IS AGAINST TOMA LAWS AND AGAINST OUR CHARTER. YOU VIOLATED THOSE LAWS, AND YOU NEED TO STEP DOWN. I'M GOING TO TELL YOU THAT I DON'T CARE ABOUT MY REPUTATION.

YOU WERE WRONG. I DON'T WANT ANYTHING FROM THE

[00:35:02]

I WANT MY COMMUNITY TO NOT SUFFER UNDER THE HANDS OF THIS INSANITY ANY LONGER. AND I WANT MY FAMILY TO BE ABLE TO LIVE IN PEACE AND JOY IN A CITY THAT HAS SO MUCH TOXICITY. BUT YOU ARE RIGHT ABOUT ONE THING. I AM EMOTIONAL. I CRIED FOR FOUR HOURS WHEN I READ THROUGH 50 STATEMENTS YESTERDAY OF FORMER AND PRESENT EMPLOYEES÷÷ WHO HAVE BEEN TERRORIZED.

I CAN QUANTIFY THAT STATEMENT, SIR.

I WANT ALL OF YOU TO SIT DOWN AND READ THROUGH THESE STATEMENTS I WANT YOU TO COME AND TELL ME IF YOU DON'T HAVE EMOTION OVER THIS, AND IF YOU DON'T, THEN YOU'RE A SOCIOPATHIC PERSON BECAUSE THAT IS WHO COMES IN AND DOES THESE KIND OF ABUSES. THAT IS THE TYPE OF PERSON WHOWHO IN WITH NO THOUGHT FOR ANYTHING EXCEPT THEMSELVES. AND WHEN HE COVERS HIS OWN BUTT AND FIRES PEOPLE, HE HAS THE CITY ATTORNEY DO HIS BIDDING, WRITING IN D.A. 'S WHICH YOU NEED TO LOOK INTO. SHE DOESN'T REPRESENT THE INTERESTS OF THE CITY. SHE REPRESENTS THE INTERESTS OF DAVID HALL. SHE NEEDS TO BE REMOVED. AND HE NEEDS TO BE SET DOWN AND A THOROUGH OUTSIDE INVESTIGATION NEEDS TO BE DONE. HIS LACKEYS WHO HE'S PUT IN PLACE, NEED TO BE PUT ON FIRM HOLD UNTIL WE CAN GET TO THE BOTTOM OF THIS.

>> THANK YOU, MS. WALLACE. OUR NEXT SPEAKER THIS EVENING IS ALLISON.

>> I'M HERE TO ASK QUESTIONS AND URGE THE CITY COUNCIL TO SEEK THE TRUTH AND GET TO THE BOTTOM OF WHAT'S GOING ON. I GREW UP IN ROWLETT AND JOYFULLY MOVED BACK TO MY HOMETOWN IN SEPTEMBER TO FIND A CITY IN SHAMBLES. I'M NOT GOING TO MAKE ALLEGATIONS BUT I'LL ASK YOU WHY QUESTIONS IN HOPES THAT YOU WILL ADDRESS ISSUES THAT TAXPAYERS ARE GOING TO BEWARE OF. WHY DO WE HAVE THREE TIME THE TURNOVER. WHY ARE PEOPLE AFRAID OF OUR CITY MANAGEMENT, AND FEAR RETALIATION. ECONOMIC DEVELOPMENT IS KEY TO A THRIVING CITY. WE CAN REPAIR AGEING INFRASTRUCTURE AND HOPEFULLY LOWER OUR TAX RATE, WHICH IS A DREAM. SPEAKING OF AGEING INFRASTRUCTURE, DO YOU HAVE A LONG- TERM PLAN TO MAINTAIN OUR CITY OR ARE WE JUST GOING TO CONTINUE TO BE REACTIVE AND FIX THINGS WHEN THEY BREAK? WHY ARE WE TRYING TO DO THINGS IN HOUSE WHEN WE CAN'T KEEP OUR OWN WORK FORCE.

70% OF THE TAX PACE COMES FROM RESIDENTIAL HOMES, WHY ARE WE MAKING IT DIFFICULT FOR BUILDERS TO BUILD IN ROWLETT. THEY PULLED OUT BECAUSE YOU ALL KEPT MOVING THE BALL. PLANS WERE APPROVED AND PLATTED ONLY FOR THEM TO BE TOLD ON THE NEXT STREET THAT NOW YOU REQUIRE LARGER FRONT PORCHES SO THEY WOULD HAVE TO THEN REHIRE ARCHITECTS, REDRAW PLANS, AND WHY DO WE HAVE A BAD REPUTATION, AND CONTRACTORS DON'T WANT TO WORK IN ROWLETT.

WHY IS IT IMPOSSIBLE TO GET A SIMPLE BUILDING PERMIT IN ROWLETT. 30% OF OUR TAX REVENUE COMES FROM BUSINESSES. WHY DO YOU HAVE AN ACADEMIC DEVELOPMENT EMPLOYEE WITH TWO OTHER JOBS FOR THE CITY.

THIS ISN'T FAIR FOR HER. NO HUMAN HAS ENOUGH HOURS OF THE DAY TO HANDLE THREE JOBS.

I DON'T BLAME HER. WHY HAVE YOU NOT PRIORITIZED ECONOMIC DEVELOPMENT.

WHY HAS 66 BEEN TORN UP FOR'ONS. IT'S A NIGHTMARE DURING RETURN HOUR. WHY AREN'T WE FOCUSED ON MAKING DOWNTOWN ROWLETT A HUB FOR BUSINESS, RECREATION, WHY ARE WE APPROVED BUILD-TO- RENT COMMUNITIES BUT MAKING IT NEARLY IMPOSSIBLE FOR LUXURY HOME BUILDERS TO CONSTRUCT $600,000 PLUS FOR OUR COMMUNITY THAT WHICH WILL GENERATE MORE TAX REVENUE. YOU HAVE TO FIGURE OUT HOW TO MAKE ROWLETT BUSINESS FRIENDLY.

IT'S A NECESSITY TO HAVE A THRIVING LOCAL ECONOMY.

I LEAVE YOU WITH THIS QUOTE FROM PRESIDENT GERALD FORD, HISTORY WILL JUDGE THIS CONFERENCE NOT BY WHAT WE SAY HERE TODAY BUT BOY WHAT WE DO TOMORROW, NOT BY THE PROMISES WE MAKE BUT Y THE PROMISES WE KEEP.

>> I APOLOGIZE FOR THE MISPRONUNCIATION OF YOUR

NAME. >> DAN HAPT, 6416 IN ROWLETT.

I WANT TO SPEAK ABOUT 7E ON THE AGENDA. MR. CHAN BUILT A FENCE WITHOUT A PERMIT ON THE CORNER AGAINST ROWLETT CITY CODE AND AGAINST THE HOA IN MERIT VILLAGE. THERE'S NEIGHBORS TALKING ABOUT DOING THE SAME THING. IT BREAKS UP THE CONTINUITY OF THE NEIGHBORHOOD. I HAVE FILED A FENCE COMPLAINT WITH THE CODE DEPARTMENT.

I'VE TRIED TO REACH OUT TO N NOAA A COUPLE OF TIMES.

THE FENCE NEEDS TO COME DOWN, AND THE WROUGHT IRON FENCE

[00:40:03]

THANK YOU.

>> THANK YOU.

>> OUR NEXT SPEAKER IS TRACY ECKERT, FOLLOWED BY

ELAINE. >> I'M TRACY ECKERT.

I'M NOT FROM HERE. BUT I'M SO EXCITED TO BE HERE.

MAN, THIS IS QUITE THE LIVELY CITY COUNCIL MEETING YOU GUYS ARE HAVING. I'M REALLY GLAD THAT I CAME. LORD SENT ME HERE WITH A MESSAGE, SO I WANTED TO DELIVER THAT, AND HE SAID TO TELL YOU THAT THE EARTH IS THE LORD'S AND THE FULLNESS THEREOF, AND SINCE ROWLETT IS IN THE EARTH, ROWLETT IS THE LORD'S, AND THE FULLNESS THEREOF.

YOU KNOW, I LOOK AT ROWLETT, AND I'M THINKING TO MYSELF, MY GOODNESS, GEOGRAPHICALLY, YOU GUYS ARE POSITIONED FOR INCREDIBLE GROWTH, AND THE GEOGRAPHIC DYNAMICS THAT YOU HAVE HERE HAS SO MUCH POTENTIAL. YOU KNOW.

AND I LOOK AT THAT, AND I THINK, WOW, LOOK AT WHAT YOU ENJOYS COULD DO WITH THIS, AND HOW THIS PLACE COULD BE EXPLODING LIKE SOME OF THE OTHER CITIES IN THIS AREA. AND THEN I ALSO TAKE AA LOOK. IF YOU LOOK AT EVERYTHING THAT'S HAPPENING IN AMERICA RIGHT NOW, RIGHT, WE'RE IN THE MIDDLE OF A GOD REVOLUTION IN THE GOVERNMENT.

I MEAN, WE SEE SO MANY BLESSINGS THAT ARE HAPPENING IN WASHINGTON, D.C. YOU SEE SO MUCH CHANGE HAPPENING, AND THIS IS REALLY THE SPIRIT OF LIBERTY THAT'S BEING RELEASED ALL OVER AMERICA. AND THAT SPIRIT OF LIBERTY IS GOING TO GO FROM EVERY LEVEL OF GOVERNMENT, AND GOD IS CLEANING HIS HOUSE IN THIS HOUR, AND HE IS GETTING OUT THE OLD AND HE'S BRINGING IN THE NEW, AND WE HAVE TO BE READY FOR THAT NEW WINE SKIN AND THAT NEW WAY, AND WE HAVE TO MAKE OURSELVES AVAILABLE TO THAT BECAUSE THE PEOPLE, THE CONSTITUENTS, THEY'RE READY.

THEY'RE READY FOR CHANGE, AND SO I JUST ENCOURAGE ALL OF YOU THAT THE OPPORTUNITIES THAT THE LORD HAS PRESENTED TO THIS COUNCIL AND TO THIS COMMUNITY ARE ENORMOUS BUT THE PEOPLE ARE GOING TO BEGIN TO SPEAK VERY LOUDLY AND ARE DOING SO TONIGHT BECAUSE THEY WANT CHANGE. AND SO I KNOW CHANGE IS HARD.

BUT I'M TELLING YOU, THE SPIRIT OF THE LORD IS IN THE LAND, AND HE'S GOING TO HELP US AND THOSE THAT RESIST IT, HE'S GOING TO REMOVE THEM. I BLESS ALL OF YOU, AND I'M EXCITED ABOUT THE FUTURE. AMEN.

>> THANK YOU, MS. ECKERT. OUR NEXT SPEAKER WILL BE ELAINE FOLLOWED BY EMILY FOX.

>> HI, COUNCIL. I'LL KEEP THIS BRIEF.

MY NAME IS ELAINE RITCHIE, 6505 CORDELIA ROAD IN ROWLETT SINCE 2009. I'M RAISING A FAMILY HERE. MY HUSBAND IS ACTUALLY A MEMBER OF THE ROWLETT FIRE DEPARTMENT.

I SERVED TWO TERMS ON THE EEAB. I'LL KEEP THIS BRIEF, I IMPLORE YOU TO READ AND INVESTIGATE WHY THIS ROOM IS FULL, AND ANONYMOUS FEEDBACK THAT'S AVAILABLE. TIME.

>> THANK YOU. ALL RIGHT.

OUR NEXT SPEAKER IS EMILY FOX, AND AFTER EMILY WILL BE LEWIS BUSTAMONTE.

EMILY FOX?

>> SHE LEFT.

>> THANK YOU. I APPRECIATE THAT.

ALL RIGHT. THEN OUR NEXT SPEAKER WILL BE LEWIS BUSTAMONTE.

>> GOOD EVENING, EVERYBODY HERE. SO A LITTLE BIT ABOUT ME.

MY NAME IS LEWIS BUSTAMONTE. I'VE ACTUALLY WORKED FOR THE CITY OF ROWLETT 12 YEARS. OUT OF THEM NINE YEARS I WORKED FOR THE WATER DEPARTMENT. A FACT ABOUT ME, I CAME IN AS A TEMP, AND I HAD TO ACTUALLY FIGHT FOR MY JOB, AND THERE WAS TWO POSITIONINGS, S, AND I WAS ONE OF THE LUCKY ONES THAT RECEIVED ONE OF THEM. I DID NINE YEARS WITH THE WATER DEPARTMENT, AND HAD AN OPPORTUNITY TO COME TO THE STREET DEPARTMENT. I HAVE BEEN AT THE STREET DEPARTMENT. I WAS THERE FOR THREE YEARS, WHILE BEING THERE WE GOT THE OPPORTUNITY TO DO THE ASPHALT ON CASTLE ROAD, AND WE ACTUALL ACCOMPLISHED THAT. WE HAD PEOPLE THAT ACTUALLY BACKED US UP, WHICH IS OUR DIRECTORS AND OUR COUNCIL. I WOULD LIKE TO THANK ALL OF YOU THAT BACKED US UP AND SAID YOU CAN DODO AND I WAS THE SUPERVISOR OVER THE CONCRETE CREW. WE HAVE FIXED STUFF IN HOUSE.

WE HAVE SAVED TONS AND TONS OF MONEY.

AT THE SAME TIME, I'M BACK IN THE WATER DEPARTMENT.

WE HAVE PEOPLE THAT HAVE LEFT US.

WHICH IS SAD. YOU KNOW, BUT AT THE SAME TIME, I HAVE CAME BACK AND I'M HOPING THAT THE SAME THING COULD

[00:45:01]

YOU KNOW, LIKE I SAID, IT'S ALL UP TO YOU GUYS.

THANK YOU VERY MUCH.

>> THANK YOU, OUR NEXT SPEAKER IS BLAKE MESICK.

>> I'M A RESIDENT OF 20 YEARS, AN EMPLOYEE FOR THE STREETS DEPARTMENT FOR ALMOST EIGHT YEARS NOW. WHEN I FIRST STARTED, I WAS IN SHOCK WITH ALL THE ISSUES THAT THE CITY HAS THAT JUST THROW ASPHALT ON IT, AND PUT IT ON A LIST FOR SOMEONE ELSE TO DEAL WITH. IT WAS LIKE THAT UNTIL WE GOT OUR NEW MANAGEMENT. SINCE THEN, THEY HAVE GIVEN US PURPOSE, DRIVE, A REASON TO PUT PRIDE IN OUR WORK AND THE CITY. SO I THINK OUR NEW MANAGEMENT HAS DONE AN AWESOME JOB.

AND ALSO, THE EVENTS, LIKE I SAID, I HAVE BEEN HERE FOR 20 YEARS. I DIDN'T KNOW OF ANY EVENTS THAT WENT ON IN THE CITY OF ROWLETT, AND NOW WITH THE NEW MANAGEMENT ON ALL THROUGHOUT THE CITY, I'M INVOLVED IN THOSE EVENTS AND HAPPY TO TAKE MY FAMILY THERE.

I'M SEEING IT POSTED EVERYWHERE.

SO I JUST WANT TO SAY THAT. THANK YOU.

>> THANK YOU, MS. MESICK. OUR NEXT SPEAKER IS BRETT, AND FOLLOWING BRETT IS CASSIE

HUDDLESTON. >> I'M NOT REALLY GOOD AT THIS, SO I WROTE A COUPLE LITTLE THINGS, AND I'M JUST GOING TO READ IT. I WORKED FOR CAROLTON FOR 17 YEARS, LEFT THERE, WENT TO COLIN COUNTY. I WORKED OUT THERE FOR 18 YEARS.

I'VE SEEN CHANGE EVERYWHERE. EVERY DAY IT CHANGES.

SOME PEOPLE LIKE CHANGE. SOME PEOPLE DON'T.

I'M SERVING AS AN INTERN ASSISTANT DIRECTOR RIGHT NOW FOR PUBLIC WORKS.

I HAVE BEEN THERE FOR ABOUT THREE AND A HALF YEARS RIGHT NOW.

AND LOUISE AND BLAKE HAVE WORKED FOR ME SINCE I'VE BEEN HERE. THEY ARE HARD WORKERS. AND THEY REALLY DO CARE ABOUT THIS CITY. YOU CAN SEE THAT. I'M THE INDIVIDUAL.

SO ARE THEY. THAT'S WORKING NIGHTS, RESPONDING TO EMERGENCIES AFTER HOURS. I'M THE VOICE FOR A LOT OF OUR EMPLOYEES THAT YOU SEE STANDING BEHIND ME. THESE ARE THE PUBLIC WORKS PEOPLE. WHEN I FIRST JOINED THE TEAM, I RECOGNIZED THERE WAS NEED FOR CHANGE. THE WHOLE DEPARTMENT LACKED ACCOUNTABILITY. DURING MY FIRST SIX MONTHS I FOUND THAT MANY RESIDENTS WERE DISSATISFIED WITH THE SERVICE THAT WAS PROVIDED BY OUR CITY EMPLOYEES. THERE WAS NO FOLLOW UP.

THERE WAS NO COMMUNICATION WITH THE RESIDENTS. IT LOOK ME SIX MONTHS OF APOLOGIZING TO OUR RESIDENTS, PASSING OUT MY PERSONAL CELL PHONE NUMBER, ANSWERING PHONES FROM 6:00 A.M. UNTIL 9 AND 10:00 AT NIGHT.

TO TALK TO RESIDENTS AND EXPLAIN TO THEM THAT I UNDERSTAND, AND I WILL ADDRESS YOUR ISSUES AS SOON AS I CAN ON MONDAY MORNING.

I'VE TALKED TO THEM ON SATURDAYS, SUNDAYS, TO ADDRESS THE SHIFT IN OUR STREET DEPARTMENT, YES, WE HAVE HAD CHANGE. SOME FOR THE BETTER.

I AM IMPROVISED THE IMPORTANCE OF BEING ACCESSIBLE, RESPONSIVE, WITH ALL RESIDENTS. AND THE TEAM THAT STANDS BEHIND ME. I BUILD TRUST, TRANSPARENCY, I HIDE NOTHING FROM MY TEAM.

I'M PRETTY QUIET USUALLY, UNLESS YOU WORK FOR ME. I EXPECT THE JOB TO BE DONE.

I KNOW I WON'T FINISH THIS. BUT I DO APPRECIATE YOUR GUYS' TIME VERY MUCH, AND WE DO WORK HARD FOR EVERYBODY HERE.

AND WE HAVE RESPECT FOR OUR ASSISTANT -- OUR DIRECTOR AND THE CITY MANAGER. WE HAVE RESPECT FOR EVERYBODY, AND THEY'RE HERE TO --

>> THANK YOU. OUR NEXT SPEAKER WILL BE CASTEN HUDDLESTON. FOLLOWING MR. HUDDLETON, I

[00:50:03]

IF THIS HAPPENS TO BE YOU, PLEASE DO COME FORWARD FOLLOWING THAT. MR. HUDDLESTON IS GROUPED WITH A FEW OTHER SPEAKERS, AND AS A RESULT, PER OUR POLICY, HE'LL BE ALLOWED15 MINUTES TO SPEAK.

AND AGAIN IF YOU CAN JUST STATE YOUR NAME AND CITY OF RESIDENCE, WHICH I'M SURE YOU KNOW WELL.

>> I DO. PASTOR OF FREEDOM PLEDGE CHURCH CROSS THE STREET, I LIVE IN ROCK WALL ALL OF THAT TIME, SPEND MOST OF MY TIME IN ROWLETT SERVING THIS COMMUNITY IN DIFFERENT CAPACITIES.

I WANT TO START MY TIME WITH A FROM DIETRICH BARN HOFFER, WHEN GOOD MEN DO NOTHING, EVIL PREVAILS. I'VE SAT IN SILENCE, AND WATCHED OVER THE LAST FEW WEEKS AN ONLINE CAMPAIGN ON FACEBOOK, AN ONLINE SLANDER CAMPAIGN ON FACEBOOK, INITIATED AND LED MY A HANDFUL OF LOCAL CITIZENS, TARGETING OUR CITY MANAGER DAVID HALL. I DON'T BELIEVE THIS SMALL GROUP REPRESENTS THE MAJORITY OF ROWLETT, AND THESE ACTIONS ARE EXTREMELY TROUBLING.

THEY'RE DAMAGING IN SO MANY WAYS.

IT MAKES OUR CITY LOOK LIKE A CIRCUS.

IT'S EMBARRASSING WHAT PEOPLE ARE SAYING ONLINE.

AS A PASTOR IN THE CITY, I FELT IT'S MY RESPONSIBILITY TO SPEAK UP WHEN INJUSTICE OCCURS.

THERE'S NO WAY I HAVE BEEN IN EVERY MEETING WITH EVERY EMPLOYEE AND EVERY ACTION, BUT I DID WANT ONE THING.

I CAN FIND TRUTH. THE SOCIAL MEDIA ATTACKS ON MR. HALL'S CHARACTER AND QUALIFICATIONS PROMPTED ME TO SEARCH FOR THE TRUTH BEHIND ALL OF THESE STATEMENTS. THE FACTS BEHIND ALL OF THESE, THE TRUTH BEHIND THEM, AND THE REASON I'M HERE TODAY IS TO SHED LIGHT ON CITY MANAGER DAVID HALL'S REPUTATION AND ACHIEVEMENTS IN OUR BELOVED CITY OF ROWLETT, AND TO PUBLICLY EXPRESS MY DISDAIN AND MY DISAPPOINTMENT OF THE IMMATURE BEHAVIOR OF THE CITIZENS WHO ARE MAKING IT THEIR MISSION TO RUIN THIS MAN'S LIFE IN EVERY WAY. THE LEVEL OF LIES, MISREPRESENTATION, AND DECEIT BEING MALICIOUSLY PERPETRATED AGAINST MR. HALL BOTH PERSONALLY AND PROFESSIONALLY ARE NEAR SLANDEROUS.

THEY HAVE INSULTED EVERY ASPECT OF MR. HALL'S CHARACTER, AND SADLY, AS I'LL REVIEW IN A MOMENT FOR FACTS AND TRUTH, A FEW PEOPLE ARE REPEATING WHAT THEY HEARD, YET A FEW PEOPLE ONLINE AND ONLINE AND PUBLICLY HAVE NOT LET IGNORANCE STAND IN THE WAY OF PONTIFF KAGS. THEY ARE IGNORANT OF THE TRUTH AND FACTS. I E- MAILED DAVID HALL AND ASKED HIM TO GIVE ME THE FOLLOWING IF HE COULD, RECENTLY APPROVED CITY DOWNTOWN PLAN, COMPARISON OF EMPLOYEE TURN OVER, WITH AN OVERALL PATTERN OF ROWLETT STAFF IN THE LAST FOUR TO FIVE YEARS.

A CURRENT CRIME RATE FOR OUR CITY IN PREVIOUS YEARS IN COMPARISON. NUMBER FOUR, FINANCIAL AND INFRASTRUCTURE IMPROVEMENTS DUE TO THE SWITCH TO OUR IN HOUSE CONCRETE CREW AND THE COST OF SAVINGS AND ANY INCREASE IN PRODUCTIVITY FOR OUR CITY IN GETTING OUR STREETS BETTER. NUMBER SIX, NEWLY APPROVED PARKING AGREEMENT WITH D.A.R.T.

NUMBER SEVEN, THE CURRENT FINANCIAL STANDING OF ROWLETT IN CONTRAST TO HIS START DATE OF EMPLOYMENT, AND IN ANY OTHER MAJOR FINANCIAL AND/OR MILESTONES YOU AND YOUR TEAM HAVE ACHIEVED IN THE LITTLE OVER 600 DAYS THAT HE'S BEEN EMPLOYED AT THE CITY. 600 DAYS.

SO LET ME START WITH THAT, THE DOWNTOWN PLAN.

THIS IS OUR THIRD PLAN. IN A NUMBER OF YEARS.

I'VE BEEN IN ON EACH ONE OF THEM, LISTENING AND GIVING MY INPUT, EVEN ON THE LAST ONE.

MY CHARGE TO THE WHOLE CITY COUNCIL IS JUST FOLLOW THROUGH. JUST DO ONE.

DO ONE, FOLLOW THROUGH, AND MAKE ADJUSTMENTS.

CRIME RATE, I'M GOING TO ASK YOU ALL TO LOOK AT THE REPORT RELEASED TODAY WHERE WE'VE SEEN A SIGNIFICANT CRIME REDUCTION AND INCREASED POLICE PROACTIVITY ON THEIR WEB SITE, FACEBOOK, SAVED ME A LITTLE TIME OF MY 15 MINUTES.

D.A.R.T. , THE D.A.R.T. AGREEMENT, I HAVE PERSONAL EXPERIENCE WITH THE ISSUES OF SOME IN PARKING IN THE DOWNTOWN AREA.

IT IS A PROBLEM. PARKING IS A PROBLEM IN OUR DOWNTOWN AREA. I KNOW THAT FROM OUR BUILDING AND OTHER EVENTS. BUT ALL OF A SUDDEN, JANUARY AND FEBRUARY OF THIS YEAR, WE ENTERED INTO ROWLETT A PARKING INTERLATERAL AGREEMENT TO GIVE US ACCESS FOR 750

[00:55:05]

THEY ENTERED INTO THE LOCAL AGREEMENT AS I'M READING WHAT HE SENT ME. I ASKED FOR ALL OF THIS DATA.

I ALLY LOOKED STUFF UP.

AND IN THIS AGREEMENT THAT STARTED IN JANUARY OF '25, IT OPENS UP $5,328,000 OF FUNDS PLUS 750 FREE SPACES THAT WE CAN USE AND I QUOTE FROM THE AGREEMENT SIGNED IN HIS FILE.

THE CITY OF ROWLETT CAN USE THESE $5.3 MILLION TO SUCH FUNDS TO COMPLETE PROJECTS THAT WILL BENEFIT D.A.R.T. 'S PUBLIC TRANSPORTATION SYSTEM OR PROVIDE COMPLEMENTARY TRANSPORTATION SERVICES AS DESIGNED IN AN INTERLOCAL AGREEMENT. THAT'S BIG LANGUAGE. BASICALLY IT SAYS, WE HAVE BEEN GIVEN $5 MILLION TO IMPROVE THAT AREA AT OUR DISCRETION, AND END THAT MEETING ON THE END OF JANUARY. CHAIRMAN SLEIGH SLAGLE AND OTHERS WHO WORKED ON THIS, THE CITY OF ROWLETT, THAT THEY'RE GIVING MONEY TO, WE'RE NOT THE ONLY ONE, BUT WE ARE PER D.A.R.T. 'S CHAIRMAN AND THE LEADERS THERE, ARE THE ONLY ONE CITY THAT WOULD ACTUALLY HAVE A SURPLUS TO USE. LET'S GO TO EMPLOYEE TURNOVER.

WHAT'S THE LAST FEW YEARS. LET ME EDUCATE US ALL.

2021, THE ROWLETT TURNOVER RATE WAS 14.6%.

2022, 19.47%. I DIDN'T SEE WE ASKED FOR BRIAN'S, LET ME CONTINUE, 23, 14.65%.

MR. HALL WAS HERE PART OF '23. SURELY HE MUST HAVE MESSED THAT UP SOMEHOW. WE GET TO THIS YEAR, 2024, 23.69%. OUR FOUR- YEAR AVERAGE FROM THIS YEAR BACK, JUST USING MY CALCULATOR ON MY IPHONE.

18.11%. AND IT HAS BEEN SAID OUR TURNOVER RATE, BOTH ONLINE AND IN THIS MEETING FROM THIS DESK, OUR TURNOVER RATE IS THREE TIMES THE STATE AVERAGE. WELL, I LOOKED UP WHAT THE STATE AVERAGE WAS.

22.7% TURNOVER RATE FOR GOVERNMENT EMPLOYEES, MUNICIPAL EMPLOYEES ACROSS OUR STATE.

IN 2023, IT DIPPED DOWN TO 18.7%.

SO THAT IS THE CURRENT TURNOVER RATE OF MUNICIPAL GOVERNMENT EMPLOYEES ACROSS THE STATE. 18.7.

SO HOW DO WE GET 66%? OR EVEN 60%? WE COULDN'T EVEN FUNCTION. BUT WHEN YOU LOOK BACK AND NOT ONLY DID I GET THE PERCENTAGES AND THE PEOPLE, I GOT EACH DEPARTMENT ON WHY THEY LEFT. AND I LOOKED AT WHY WAS '24 SO HIGH. WHY 23.69%.

WE CAN SEE IT CLEARLY IN THE PUBLIC WORKS DEPARTMENT.

THERE WAS 100 EMPLOYEES, AND 50 WERE REMOVED OR QUIT, TRANSFERRED, TURNED OVER, WHATEVER.

50. HALF THE DEPARTMENT. OH, PUBLIC WORKS MUST BE MAD. THEY MUST BE DOING A HORRIBLE JOB. NO WAY WE CAN DO IT WITH 50 PEOPLE. WHAT KIND OF MANAGER IS THAT.

I THINK THE STATEMENTS OF SOME PEOPLE HERE, AGAIN, SPEAK TRUTH TO THAT.

I CALLED THE MAYOR, JEFF BICKER STAFF, HE SAID YOU KNOW WHAT, IN 2015, OURS WAS 33% TURNOVER. WHEN YOU LOOK ACROSS THE BOARD, IT IS LEVELED OUT NOW BELOW ABOUT 11% DUE TO CITY MANAGER. BUT SOMETIMES INSTITUTIONS THAT I CAN HITS WHEN THEY BRING ON NEW LEADERSHIP. GET AS HEAD COACH, THERE'S A TEAM SHIFT, AND ORGANIZATIONS HAVE TO PREPARE TO DEAL FOR THAT IT'S BEEN SAID WE NEED A FILTER FROM THIS STATE.

SOME OF US DO NEED A FILTER. THE IN HOUSE CREW COSTS A LOT OF MONEY TO GET. IT'S PROJECTED TO SAVE US OVER $5 MILLION IN THE NEXT FEW YEARS, SHORT YEARS, AND IT IS INCREASING. LOOKING AT WHAT I READ, INCREASING THE TURNOVER OF PROJECTS.

YOU WANT TO KNOW WHAT'S HAPPENING WITH DOUGH ROCK? THERE'S ALWAYS A PRINCETON ROAD. I DON'T KNOW WHERE YOU ALL HAVE BEEN AT. AND THOSE ARE CONTRACTORS.

EVERYTHING CAN'T FALL ON ONE PERSON.

THAT CONTRACT, I SHOULD HAVE CHECKED INTO THAT.

WHAT ARE THE TERMS, NOW HE'S

[01:00:03]

AND I GOT FIVE MINUTES. IT'S BEEN SAID THAT HE SHOULD NOT BE HERE. AND I QUOTE, FROM THIS JUST A FEW MINUTES AGO. CITY MANAGER DAVID HALL COMES IN AND GUTS THE CITY WITHOUT COUNCIL LEADERS KNOWING IT.

SO I TOOK IT UPON MYSELF THIS WEEK TO PERSONALLY CALL THE CITY MAYOR OF GLEN HEIGHTS, MS. SONYA BROWN, AND SHE ALLOWED ME TO SPEAK HER NAME, AND SHE SAID SHE WOULD HAVE BEEN HERE TONIGHT IF SHE WASN'T IN AUSTIN.

I TALKED WITH HER. I TALKED WITH THE PREVIOUS MAYOR ON THE VIDEO THAT PEOPLE HAVE BEEN PLAYING ONLINE, SNIN SNIPPETS, IT'S AMAZING WHAT YOU CAN DO WHEN YOU WATCH A WHOLE MOVIE.

AT THE VERY END, THE MAYOR, WHO AT THAT TIME, WAS REVEREND HARRY GARRETT, NOW HE IS A CITY COUNCIL MEMBER, HE SAID KIND OF THE SAME THING I'M SAYING, THE WAY THE CITY AND PEOPLE HAVE ACTED TOWARDS THIS SITUATION AT GLEN HEIGHTS YEARS BACK IS A DOG SHAME. THEN HE CALLED FOR A VOTE IN THE CITY COUNCIL. I CAN'T REMEMBER THE EXACT VERBIAGE, IT'S BASICALLY LET'S GET RID OF DAVID HALL OR KEEP HIM. 6-1.

YOU KNOW WHAT, DAVID LEFT THE NEXT DAY.

NO, HE STAYED ANOTHER TWO AND A HALF YEARS, AND I QUOTE MAYOR, SITTING MAYOR SONYA BROWN. DAVID HALL IS THE BEST THING THAT HAPPENED TO GLEN HEIGHTS. I QUOTE REVEREND HARRY GARRETT WHO SERVED ON THE COUNCIL MANY YEARS, A GOVERNMENT EMPLOYEE, BUSINESSMAN AS WELL. HE TURNED UP FOR THE FIRST TIME IN GLEN HEIGHTS HISTORY WE WERE ABLE TO ACHIEVE AND STILL MAINTAIN A FINANCIAL SURPLUS. OUR ROADS ARE FIXED.

WAS IT HARD. DID WE HAVE TO HAVE GREAT CHANGE? YES, BUT AS A COUNCIL I'M SPEAKING FROM BOTH CONVERSATIONS I HAD.

WE WANTED TO MAKE THE CHANGE, AND I THINK THAT'S BEEN SAID HERE.

WE WANT TO MAKE CHANGE. I WANT CHANGE TOO.

PERSONNEL CHANGES, AND EVEN IF THAT HAPPENS, IT'S DONE WRONG. AND IN FACT, I CLOSE WITH THIS.

SONYA BROWN SAID TO ME, AND SAID TO SAY IT TONIGHT, IF ROWLETT DON'T WANT HIM, WE'LL TAKE HIM BACK IN A NEW YORK MINUTE. SO I HAVE TO ASK THE QUESTION OF THE TRUTH OF A FACT. THERE ARE FACTS.

SOMEONE TRIED TO PLAY A FACTUAL RECORDING THAT WAS RECORDED SECRETLY. I'D LIKE TO ASK ANYBODY IN THIS ROOM, WHAT IF I GOT TO PICK TWO MINUTES, ANY TIME OF YOUR LIFE, RECORD IT AND BLAST IT EVERYWHERE. YOU DON'T GET TO PICK THE TWO MINUTES, I GET TO PICK THEM.

EVERY ONE OF US WOULD HANG OUR HELDS IN SHAME.

I WATCHED THE END OF THE MOVIE. IT WAS GOOD.

HE STAYED THERE. AND HE CAME HERE.

ACTUALLY TRIED TO COME HERE ONCE BEFORE AS THE DEPUTY CITY MANAGER. DIDN'T GET IT.

ANOTHER MAN WAS HIRED. WHEN HE RETIRED, HE CAME ALONG WITH BRIAN, AND HE CAME AND HE'S HERE. AND YOU KNOW WHAT, MR. HALL AND I HAVE NOT ALWAYS AGREED ON EVERYTHING.

ONE THING I CAN'T STAND FOR IS INJUSTICE. AND DIETRICH BARNHOFFER, WHEN GOOD MEN DO NOTHING, EVIL PREVAILS.

IF I ALLOW THIS TO ONE MAN, IT WILL HAPPEN TO ANY MAN OR WOMAN AND WE ALL SHOULD TAKE NOTE OF THAT. THERE'S A WAY TO HANDLE THINGS.

THIS IS HANDLED IMPROPERLY. IT'S AN EMBARRASSMENT TO OUR CITY.

I APOLOGIZE TO MR. HALL, I APOLOGIZE TO OUR CITY.

WE ARE BETTER THAN THIS.

WE ARE ROWLETT. THANK YOU FOR YOUR TIME.

>> THANK YOU, PASTOR. YOU ARE OUR NEXT SPEAKER, AGAIN, I DID NOT HAVE A NAME, THE ADDRESS IS ON OSAGE.

YOU WANT TO WITHDRAW? OKAY.

NO PROBLEM. ALL RIGHT, THEN OUR LAST SPEAKER CARD THAT I HAVE THIS EVENING IS JESSICA CRUZ. AND JESSICA, IF YOU'D JUST STATE YOUR NAME AND CITY OF RESIDENCE, PLEASE.

YOU HAVE THREE MINUTES.

>> MY NAME IS JESSICA CRUZ, I LIVE AT 3113 INDIAN TRAIL.

SITTING THERE AND LISTENING TO A PASTOR SPEAK FOR 15 MINUTES TALKING ABOUT THE EMBARRASSMENT OF WHAT HAS TAKEN PLACE OVER THE LAST TWO WEEKS IS ABHORRENT.

WHAT'S AN EMBARRASSMENT IS THE CITY MANAGER AND HIS ACTIONS THAT HE, HIMSELF, TOOK AT GLEN HEIGHTS. THE VIDEOS THAT I HAVE SEEN ARE BASED ON HIS WORDS ALONE, CALLING EMPLOYEES, ABUSIVE HIT, I'M ASSUMING THAT'S NOT OKAY.

NO, WE'RE NOT DOING THAT. HOPEFULLY THE PASTOR DOESN'T THINK SO EITHER. THIS IS CRAZY THAT WE'RE EVEN

[01:05:04]

I CAN'T BELIEVE THAT WE'RE HAVING TO CONVINCE YOU PEOPLE THAT THIS IS NOT GOOD FOR THE CITY AND THE CITY EMPLOYEES.

THOSE PEOPLE OUT THERE, THEY WORK THEIR BUTTS OFF.

THEY WORK HARD. THEY'RE ALL STANDING UP HERE AFTER WORKING ALL DAY. IT'S 8:00.

THEY WANT TO GO HOME. THEY'RE STILL IN THE ROWLETT, CITY OF ROWLETT GEAR. IF YOU ALL DON'T VOTE TO GET THIS GUY OUT FOR THOSE GUYS RIGHT THERE, AND I'M LOOKING AT PEOPLE WHO ARE RUNNING FOR MAYOR.

WE'RE ALL GOING TO BE LOOKING AT YOU GUYS.

DON'T FORGET WE'RE VOTING. THOSE GUYS OUT HERE ARE WORKING FOR Y'ALL. AND I HOPE THAT YOU TAKE THEIR BEST INTERESTS AT HEART.

>> I DO HAVE A COUPLE MR. SPEAKER CARDS.

OUR NEXT SPEAKER WILL BE KELLY

MCKEE. >> KELLY MCKEE, ROWLETT, TEXAS. TONIGHT'S DISPLAY PROBABLY DOESN'T RISE TO CRIMINAL EXTORTION.

IT'S A TEMPER TANTRUM BEING THROWN BY GROWN WOMEN WHO DIDN'T GET THEIR WAY. THE EMPLOYMENT STATISTICS AND OTHER COMPLAINTS BEING THROWN AROUND WITH A RED HERRING. I DON'T BELIEVE THAT THEY CARE ABOUT TURNOVER. IF THEY DID, WHERE WERE THEY WHEN IT WAS ORGANICALLY RISING URN THE LAST CITY MANAGER.

YOU DON'T HAVE TO BE AN EXPERIENCED BUSINESS PERSON TO KNOW IT TAKES TWO TO THREE YEARS TO REBUILD AN ENTIRE WORK CULTURE. THAT'S NORMAL AND EXPECTED.

PERHAPS THEY DON'T UNDERSTAND THAT DYNAMIC, OR PERHAPS THEY DO UNDERSTAND AND THIS IS ALL REALLY JUST ONE BIG DISTRACTION INTENDED TO HELP THEM REMOVE THE PERCEIVED OBSTACLE TO THEIR REAL GOAL. MR. HALL AND MR. SCHUPP, YOU HAVE COMMITTED THE UNFORGIVABLE, YOU TOLD THEM NO. THEY WENT AFTER MR. SCHUPP FIRST. MR. SCHUPP APOLOGIZED, AND THEN COUNCIL APPEASED THEM AND HUMORED THEIR REQUEST FOR A DOWNTOWN ADVISORY BOARD. THEY WERE TEMPORARILY SATED.

I ASSUME MR. SCHUPP WILL BE ON THE CHOPPING BLOCK AFTER LAST NIGHT, BUT TONIGHT THEY'RE HERE FOR MR. HALL. HE HAD THE AUDACITY TO REFUSE TO SPEND OUR TAX DOLLARS TO BUILD A PARKING GARAGE FOR A PRIVATE DEVELOPMENT.

RATHER MR. HALL WENT OUT AND SECURED 750 PARKING SPACES FOR DOWNTOWN FROM THE MOST IMPOSSIBLE OF SOURCES, AT ZERO COST TO THE CITY. WELL, THAT TREACHERY COULDN'T GO UNANSWERED SO HERE WE ARE, BECAUSE THEY NEED THEIR POUND OF FLESH. MOST OF YOU WILL SEE THROUGH THE TEMPER TANTRUM SMOKE SCREEN, BUT IT IS WORTH REMINDING YOU IN CASE THAT GOT LOST IN THE CHAOS.

I HAVE LIVED HERE FOR ABOUT 20 YEARS, AND I HAVE BEEN PAYING ATTENTION LONG ENOUGH TO KNOW WHAT'S REALLY GOING ON.

I DON'T ALWAYS AGREE WITH MR. HALL, AND HE ISN'T THE MOST CHEERFUL WHEN HE SEES ME COMING. HE CRINGES, EVEN IF HE DOESN'T LIKE ME, HE'S CREATING REAL CHANGE FOR THIS CITY EVERY SINGLE DAY, AND SAVING US MILLIONS OF DOLLARS WHILE HE'S DOING IT.

WE'RE MOVING FORWARD FOR THE FIRST TIME IN 20 YEARS.

ROADS ARE GETTING FIXED. BUDGETS ARE BALANCING, PROJECTS ARE BEING COMPLETED. IF THE PRICE FOR THAT IS HIS PERCEIVED GRUFFNESS OR ARROGANCE OR WHATEVER DOG WHISTLE ADJECTIVES THEY WANT TO THROW AT HIM, SO BE IT. WHATEVER YOU NEED TO DO, WHAT YOU NEED TO DO IS TURN TO MR. HALL AND APOLOGIZE AND LOCK HIS CONTRACT DOWN SO HE CAN'T LEAVE US TOMORROW WHEN HE'S HAD TIME TO THINK ABOUT ALL OF THIS AND REALIZE HE'S TIRED OF DEALING WITH OUR NONSENSE. SOMEHOW, MIRACULOUSLY, KASEN AND I AGREE ON THIS.

EITHER THIS IS A SIGN OF APOCALYPSE OR ONE OF THINGS THAT'S SO BLATANTLY AND PLAINLY ÚOBVIOUS THAT YOU SHOULD BE --

>> THANK YOU, MS. MCKEE.

>> OUR NEXT SPEAKER AND LAST SPEAKER CARD THAT I HAVE THIS EVENING FOR THE SECOND TIME IS BETSY WHITE. I WILL PULL HIS CARD BACK OUT.

>> GOOD EVENING, COUNCIL. MAYOR, STAFF.

I AM HERE TO TALK ABOUT WHAT EVERYBODY ELSE IS HERE TO TALK ABOUT, THE MOST IMPORTANT THING, I THINK IT'S ITEM 7G, THE TRAILS. THIS IS A GREAT THING FOR THE CITY. DORBA HAS WORKED HAND IN HAND WITH CITY STAFF TO GO THROUGH THE MOA OR MOU. I THINK WE ALL CAN AGREE

[01:10:08]

I MYSELF AM A HUGE PARKS ADVOCATE.

I AM A FIRM BELIEVER IN PRESERVING WIDE OPEN SPACES, AND GETTING -- DOING WHATEVER OUR CITY NEEDS TO DO TO GET OUR COMMUNITY MORE OUTDOORS. WE ALL KNOW IF YOU DON'T KNOW, YOU SHOULD LOOK UP ALL THE HEALTH BENEFITS AND THE MENTAL BENEFITS TO BEING OUTDOORS. IT BRINGS US TOGETHER AS A COMMUNITY, AND WHILE WE MIGHT NOT ALL BE MOUNTAIN BIKERS, AND SOME OF US HAVE MAYBE HAD BAD EXPERIENCES, I THINK WE CAN ALL AGREE GETTING EVERYBODY OUTDOORS IS SUCH A GREAT THING.

THIS IS AT NO COST TO THE CITY. IT WILL BE BUILT, MAINTAINED, AND INSURED BY DORBA. IT STATES THAT IF THE CITY DECIDES TO GO IN ANOTHER DIRECTION WITH THE CITY- OWNED PROPERTY THAT AT 30 DAYS' NOTICE EVERYBODY WALKS AWAY.

I HADN'T INTENDED TO SPEAK TONIGHT. NORMALLY I HAVE WRITTEN THINGS DOWN AND I RUSH THROUGH THEM REALLY QUICKLY TO TRY TO GET MY 10,000 WORDS IN A DAY, I GUESS, RIGHT HERE. BUT I THINK IT'S A GREAT THING THAT WE'RE BRINGING SOMETHING POSITIVE AND HAPPY AND ENJOYABLE, AND WHILE THIS HAS BEEN A BIT OF A COMPROMISE ON EVERYBODY'S PARTS ABOUT WHERE THE TRAINS WILL BE, AND HOW THEY WILL LIE, AND ALL OF THAT, I FOR ONE AM TICKLED PINK TO SEE THIS GO FORWARD AND I HOPE EVERYBODY IS IN AGREEMENT ON MOVING FORWARD FOR APPROVING THIS. THANK YOU ALL FOR YOUR TIME.

I AM HAPPY, I'M SAD I'M NOT THE LAST ONE TO BE THE SPEAKER AND TALK ABOUT SOMETHING POSITIVE BUT I APPRECIATE ALL OF Y'ALL'S TIME AND LISTENING TO EVERY CITIZEN THAT COMES UP HERE AND SPEAKS. YOUR TIME FOR E- MAILS AND ANSWERING PEOPLE AND TALKING TO PEOPLE ON THE PHONE AND JUST BEING AVAILABLE FOR ALL THE CITIZENS, AND WE TRULY APPRECIATE EACH AND EVERY ONE OF YOU. YOU.

THANK YOU. >> AND OUR LAST SPEAKER, AGAIN, ALEXANDER, RO BLES, IF YOU WOULD STATE YOUR NAME AND CITY OF RESIDENCE.

YOU HAVE THREE MINUTES.

>> ALEXANDER, 8306 AMERICAS CUP. I'M HERE BECAUSE WITH THE SITUATION AND THE CITY, I WANT TO ASK TO THE CITY MEMBERS TAKE THE BEST DECISION FOR OUR CITIES.

HIS THINKING IS ON FIRE. THEY HAVE CHILDREN IN THETHE HOUSE, WE DON'T HAVE PEACE. THE SITUATION HAS TO BE STOPPED.

WE NEED TO BE, WHEN YOU WORKING IN THE PLACE, YOU NEED TO DO YOUR JOB.

ALL OF THESE PEOPLE HARD WORKERS.

EVERYONE NERVOUS BECAUSE THEY'RE THINKING IT'S CAUGHT ON FIRE. THANK YOU.

>> THANK YOU, SIR.

ALL RIGHT. DO WE HAVE ANY OTHER REQUESTS TO SPEAK THIS EVENING? YES, SIR.

YOU WISH TO SPEAK? IF YOU'LL STATE YOUR NAME AND CITY OF RESIDENCE, AND BEFORE YOU LEAVE THIS EVENING, GRAB A SPEAKER

CARD. >> A 22 YEAR RESIDENT OF ROWLETT, 10401 OF AUGUSTA LANE. I'M SPEAKING IN SUPPORT OF DAVID HALL.

IN MY CAPACITY OF THE ROWLETT HOUSING FINANCE CORPORATION. I HAVE RELIED ON DAVID FOR COUNCIL, FOR SUPPORT, MANY THINGS, I MAY NOT HAVE AGREED WITH. BUT HE'S BEEN FAIR.

HE'S BEEN HONEST. HE'S HAD THE CITY'S BEST INTEREST AT HEART.

MAY NOT ALWAYS AGREE WITH HIS DELIVERY, HIS FRANKNESS AT TIMES. MAYBE IT'S A LITTLE SHORT, BUT I CAN SAY WITH ALL CONFIDENCE THAT I KNOW WHICH SIDE DAVID IS ON.

HE DOES NOT LEAVE ANY ROOM FOR INTERPRETATION.

AND I APPRECIATE THAT. DAVID AND I HAVE KNOWN MANY OF THE SAME VACATION FROM OUR YEARS IN VARIOUS ROLES GOING BACK 20 YEARS. PEOPLE HE WORKED WITH AT THE CITY OF FORT WORTH.

I CAN STAY WITHOUTA DOUBT, THESE INDIVIDUALS WOULD NOT ASSOCIATE WITH SOMEONE WITH QUESTIONABLE CHARACTER AS SOME OF THESE CITIZENS HAVE SAID ABOUT DAVID HALL. THESE INDIVIDUALS IN THAT CAPACITY ONLY DEAL WITH PEOPLE WITH EXTREMELY, EXTREMELY HIGH CHARACTER.

MY CAPACITY HERE AS I SAID AS A CITIZEN, I'M NOT SPEAKING ON BEHALF OF THE HFC, I WANT TO BE VERY VERY CLEAR ABOUT THIS.

IT'S JUST A ROLE THAT I PLAY, AND TO THE INDIVIDUALS

[01:15:03]

IT IS CHALLENGING WHEN WE CANNOT EVEN FILL BOARDS AND COMMISSIONS OF THE CITY. THAT IS DISAPPOINTING.

DID AN ELOQUENT JOB, DAVID, THANK YOU FOR YOUR SERVICE. YOU HAVE MY SUPPORT.

THANK YOU, MAYOR, AND COUNCIL

MEMBERS. >> THANK YOU, SIR.

ALL RIGHT. ANY OTHER MEMBERS OF THE PUBLIC THAT WISH TO SPEAK THIS EVENING? I JUST WANT TO PAUSE, AND SAY THANK YOU TO ALL OF YOU WHO ARE HERE AND HAVE SPOKEN THIS EVENING. THANK YOU TO ALL OF YOU WHO HAVE SHOWN UP TO BE PART OF THE CONVERSATION.

I KNOW ON BEHALF OF THE CITY COUNCIL, WE APPRECIATE THE FEEDBACK, THE COMMENTS. AGAIN, WE WILL BE DISCUSSING THE EXECUTIVE SECTION ITEM INVOLVING MR. HALL'S EMPLOYMENT REVIEW AT THE END OF THE MEETING TONIGHT. YOU'RE WELCOME TO STICK AROUND IF YOU'D LIKE. WE HAVE A NUMBER OF OTHER AGENDA ITEMS TO GET TO BEFORE THAT HAPPENS, HOWEVER. THIS IS EXACTLY WHAT A REPRESENTATIVE DEMOCRACY SHOULD LOOK LIKE, AND I

[6. CONSENT AGENDA]

THE NEXT ITEM ON OUR AGENDA IS OUR CONSENT AGENDA.

AT THIS TIME, THE FOLLOWING MAY BE ACTED UPON IN ONE MOTION.

CITY COUNCIL MEMBER OR CITIZEN MAY REQUEST ITEMS TO BE REMOVED FROM THE CONSENT AGENDA FOR INDIVIDUAL CONSIDERATION. I HAVE REQUESTED WE PULL ITEM 6C. AND WE WILL ALSO BE PULLING ITEM 6A AS WE DO HAVE SOME AMENDMENTS TO THE MINUTES THIS EVENING.

IF YOU CAN READ THE REMAINING ITEMS INTO THE RECORD?

>> 6B, CONSIDER ACTION PROVING AN ELECTION CONTRACT WITH ROCKWALL COUNTY.

6D, CONSIDER ACTION CONSIDERING THE REPEAL, PARKING PROHIBITS IN D.A.R.T. PUBLIC PARKING LOT.

6E, CONSIDER ACTION APPROVING THE FOURTH QUARTER INVESTMENT REPORT. 6F, CONSIDER ACTION APPROVING AN UPDATE TO THE CITY OF ROWLETT TEXSTAR ACCOUNT.

6G, CONSIDER ACTION APPROVING THE PURCHASE OF TWO VEHICLES. 6H, CONSIDER ACTION APPROVING THE PURCHASE OF ASPHALT EQUIPMENT. 6I. CONSIDER ACTION APPROVING THE PURCHASE OF TWO WATER TRUCKS. 6J, CONSIDER ACTION APPROVING THE PURCHASE OF EQUIPMENT TRAILERS. 6 K, CONSIDER ACTION CONSIDERING THE PURCHASE OF THREE DUMP TRUCKS, AND 6L, CONSIDER ACTION APPROVING THE PURCHASE OF ONE

TRACK ASPHALT PAVER. >> DO I HAVE A MOTION TO APPROVE THE CONSENT AGENDA ITEMS AS READ. FROM COUNCIL MEMBER REAVES AND COUNCIL MEMBER BRITTON, ANY DISCUSSION ON THE CONCERT ITEMS? PLEASE CALL THE VOTE. AND THE CONSENT AGENDA

[6A. Consider action approving the minutes. ]

THE FIRST ITEM FOR INDIVIDUAL CONSIDERATION THIS EVENING IS ITEM 6A, CONSIDER ACTION TO APPROVE THE MINUTES FROM THE FOLLOWING CITY COUNCIL MEETINGS, FEBRUARY 3RD, 2025, CITY COUNCIL WORK SESSION AND FEBRUARY 4TH, 2025, CITY COUNCIL MEETING. THERE WERE SOME AMENDMENTS THAT WERE MADE TO THE MINUTES.

THANK YOU, DEPUTY MAYOR PRO TEM SHINDER FOR POINTING THOSE OUT, AND CITY SECRETARY FOR MAKING THE CORRECTIONS AND SENDING TO THE COUNCIL.

IF THERE'S NO DISCUSSION, I WILL ENTERTAIN A MOTION TO APPROVE THE MINUTES AS AMENDED. FROM DEPUTY PRO TEM SHINDER, AND SECOND BY COUNCIL MEMBER REAVES.

IS THERE ANY DISCUSSION ON THE ITEM? LET'S CALL THE VOTE.

AND THE AMENDED MINUTES ARE APPROVED UNANIMOUSLY BY A

[6C. Consider action approving amendments to the Rules and Procedure.]

PRO TEM SHINDER, I HAD ONE QUESTION ON THESE, AND IT WAS WITH REGARD TO 7.6.

AND I'M HAPPY TO SHOW THIS TO YOU. IT WAS WHERE WE HAD SAID THROE COUNCIL SUBCOMMITTEE TO ADDRESS SPECIFIC ASPECTS OF CITY BUSINESS. WE HAD IDENTIFIED ADDRESS SPECIFIC ASSETS, EXCUSE ME, ADDRESS SPECK ASPECTS

[01:20:04]

ONE MOMENT. 7.6.

IT WAS CHANGED TO INVESTIGATE, EXCUSE ME, WORK ON SPECIAL PROJECTS OR TO INVESTIGATE SPECIFIC ISSUES. THE QUESTION ACTUALLY CAME UP FROM OUR CITY MANAGER WITH REGARD TO THE PREVIOUS LANGUAGE AND I WANTED TO CHECK AND MAKE SURE THAT THAT WAS RUN BY HIM. JUST TO BE SURE THAT THE NEW LANGUAGE WE FEEL IS PROPER, AND IF VICTORIA HAS TAKEN A LOOK AT THAT, MAYBE WE'RE GOOD TO GO.

THEN I HAVE NO FURTHER QUESTIONS, ANY QUESTIONS ON THIS ITEM, COUNCIL?

>> SEEING NONE. I WILL ENTERTAIN A MOTION TO APPROVE ITEM 6C. A MOTION FROM COUNCIL MEMBER BRITTON AND A SECOND BY COUNCIL MEMBER REAVES. IS THERE ANY DISCUSSION? LET'S CALL THE VOTE.

AND THAT ITEM CARRIES UNANIMOUSLY BY A VOTE OF

[7A. Discuss and consider action to approve a resolution on a request by Nick Patel on behalf of property owner Coyle Lakes, LLC for approval of a Tree Removal Permit on a property zoned Planned Development Ordinance No. 001-24. The 11-acre site is located north of Main Street and approximately 1,200 feet east of the President George Bush Turnpike, identified as Block A, Lot 2 of FBC Rowlett Addition, in the City of Rowlett, Dallas County, Texas.]

ALL RIGHT. NOW WE WILL MOVE ON TO OUR INDIVIDUAL CONSIDERATION ITEMS THAT WERE NOT PART OF THE CONSENT AGENDA. FIRST ITEM IS ITEM 7A, DISCUSS AND CONSIDER ACTION ON NICK PATEL ON BEHALF OF PROPERTY OWNER COYLE LAKES FOR APPROVAL OF A TREE REMOVAL PERMIT ON A PROPERTY ZONED PLANNED DEVELOPMENT ORDINANCE NEW YORK CITY 001-24. THE 11 ACRE SITE IS LOCATED NORTH OF MAIN STREET AND APPROXIMATELY 1,200 FEET EAST OF THE PRESIDENT GEORGE BUSH TURN BIKE IDENTIFIED AS BLOCK A LOT 2 OF FBC ROWLETT ADDITION IN THE CITY OF ROWLETT, DALLAS COUNTY,

TEXAS. >> I'M GOING TO TRY TO BE BRIEF. IF I GO TOO QUICK.

PAUSE AND ASK ME A QUESTION, AND I'LL DO MY BEST TO LEAN OVER TO THE PEOPLE WHO KNOW WHAT THEY'RE TALKING ABOUT, AND GET AN ANSWER FROM THEM.

SO THIS FIRST PIECE IS A DEVELOPMENT THAT'S ACROSS FROM THE ROWLETT COMMUNITY CENTER.

IT'S A TREE PRESERVATION PERMIT, AND WE GOT THE DIRECTION CORRECT THIS TIME IN THE NOTIFICATION.

APOLOGIZE FOR THAT. THE NICE THING ABOUT THIS DEVELOPMENT IS ACTUALLY WHILE THEY'RE REMOVING SOME TREES, THEY'RE REPLACING THEM, AND THAT'S THE TABLE OVER TO MY LEFT, NO, MY RIGHT, SORRY. YOUR LEFT.

IT ACTUALLY WALKS THROUGH AND TALKS ABOUT WHAT TREES THEY'RE SAVING, AND WHAT THEY'RE DOING.

SO RATHER THAN OTHER TREE REMOVAL PERMITS, WHERE THERE'S A NEGATIVE ONE, AND THIS ONE BALANCES OUT TO BE A ZERO IMPACT, AND THAT'S THE TREE PERMIT BEFORE YOU TONIGHT. PLANNING COMMISSION VOTED 7-0 TO APPROVE THCHLT APPROVE THIS. IF YOU HAVE ANY QUESTIONS, WE'RE AVAILABLE TO ASSIST YOU.

>> BEFORE WE MOVE TO QUESTIONS, I WANT TO CLARIFY THAT THE LAST TIME WE HEARD THIS ITEM OR ATTEMPTED TO HEAR THIS ITEM, IT WAS LISTED AS A PUBLIC HEARING. I DID CHECK WITH STAFF AND CONFIRM THAT THIS IS NOT A REQUIRED PUBLIC HEARING THAT WE HAVE TO HEAR.

ALL RIGHT. QUESTIONS FOR MR. BOWER? SEEING NO QUESTIONS ON THIS ITEM, I WILL ENTERTAIN A MOTION TO APPROVE. HAVE A MOTION FROM COUNCIL MEMBER REAVES AND A SECOND BY COUNCIL MEMBER BOWERS. ANY DISCUSSION? SEEING NONE, LET'S CALL THE VOTE.

[7B. Conduct a public hearing on a request by David Prejean, on behalf of property owners David E. and Teresa L. George, for a Special Use Permit (SUP) to allow a telecommunication tower on property zoned Single-Family Residential (SF-9) District. The subject property is located at 7901 Schrade Road, approximately 230 feet northwest of the intersection of Martha Lane and Schrade Road, being part of the S A & M G RR Abstract 1416 Page 765, in the City of Rowlett, Dallas County, Texas.]

THE SUBJECT PROPERTY IS AT 7901 SCHRADE ROAD, APPROXIMATELY 230 FEET NORTHWEST OF THE INTERSECTION OF MARTHA LANE AND SCHRADE ROAD, BEING PART OF THE S A&M GRR ABSTRACT. ALSO MAKING THAT PRESENTATION IS KRISTOFF BOWER.

>> THANK YOU, AND THIS IS A SPECIAL USE PERMIT, WHICH IS A PUBLIC HEARING FOR A TELECOMMUNICATIONS TOWER, AND ACTUALLY WHAT'S HAPPENING HERE IS THAT WE HAD A TOWER THAT WAS IN PLACE THAT WAS TAKEN OUT BY THE TORNADO. BACK IN 2015.

THEY HAVE BEEN OPERATING WITH A TEMPORARY FACILIT FOR A PERIOD OF TIME, WORKING ON A PERMANENT LOCATION, AND THEY HAVE IDENTIFIED ONE.

YOU CAN SEE IN THIS DRAWING, KIND OF THE LITTLE CORNER OF THE LOT, AND THERE'S A LOT OF DISCUSSION IN THE REVIEW PROCESS ABOUT SAFETY AND MAKING SURE THAT THIS WAS DESIGNED TO BE SAFE FOR THIS LOCATION. AND THEY CHANGED SOME OF THE SPECIFICATIONS AND THE HEIGHT OF THE TOWER TO FIT WITHIN THE APPROPRIATE FALL TO PROVIDE A SAFE OUTCOME FOR THE TOWER. SO IT REQUIRES A SPECIAL USE UNDER OUR CURRENT TELECOMMUNICATIONS, AND THIS

[01:25:02]

AND IT WENT TO THE COMMISSION, AND WAS RECOMMENDED FOR APPROVAL. UNANIMOUSLY THERE.

AVAILABLE TO ANY QUESTIONS YOU MAY HAVE.

WE DID SEND OUT NOTIFICATIONS. WE DID GET, I THINK, TWO IN OPPOSITION. ACTUALLY ONE IN FAVOR AS WELL, DIDN'T WE? YEAH. SO THAT WAS A PROVIDED NOTIFICATION THAT WENT OUT BEFORE.

QUESTIONS? >> WAS THE ONE RESPONSE THAT WAS IN FAVOR INCLUDED IN THE PACKET? BECAUSE I THINK I ONLY SAW THE TWO THAT WERE IN OPPOSITION, AND I WOND WONDERED IF IT WAS OUTSIDE THE NOTIFICATION AREA. THAT WAS ONLY THE TWO IN OPPOSITION. THANK YOU. COUNCIL, QUESTIONS FOR STAFF BEFORE WE OPEN THE PUBLIC HEARING? COUNCIL MEMBER REAVES?

>> THANK YOU. THANKS FOR THE PRESENTATION.

JUST A COUPLE OF QUESTIONS ON THE CITY PROPERTY THERE.

IT DOESN'T LOOK LIKE THE FALL ZONE IS VERY LARGE ON CITY PROPERTY. DOES THAT REPRESENT ANY ENCUMBRANCE FOR THE CITY IN ANY WAY IN TERMS OF HOW THAT STRUCTURE BEING THERE ON THAT ADJACENT PROPERTY?

>> NO, IT DOES NOT. IT CURRENTLY IS A WATER UTILITY, SO IT'S OPEN AND VACANT.

>> AND THEN DO YOU KNOW HOW LONG THE LIFE SPAN OF THE TOWER IS? AND MY POINT ON THAT IS THERE ANY DECOMMISSIONING REQUIREMENTS WE HAVE THAT WE HAVE LOOKING FORWARD SO THAT WHEN AT&T OR WHOEVER NEEDS TO TAKE THAT DOWN, WE HAVE THAT IN WHATEVER AGREEMENT IT'S IN PLACE SO IT'S DONE IN A PROPER WAY?

>> I DON'T KNOW THE ANSWER TO THAT QUESTION.

>> STEP UP DURING THE PUBLIC HEARING, THEY'LL BE ABLE TO ANSWER THAT QUESTION FOR YOU.

>> COUNCIL MEMBER SCHUPP.

>> YEAH, THANK YOU, DEPUTY CITY MANAGER. AND THE PACKET WAS HUGE THIS TIME. AND I READ THROUGH A LOT OF STUFF, SO I THINK I'M ON THE RIGHT TRACK HERE, BUT I WANT TO MAKE SURE.

SO AS I RECALL, THERE WERE A COUPLE OF EASEMENTS THAT WERE IN PLAY. ONE OF THEM WAS A NEIGHBOR, I BELIEVE A NEIGHBOR THAT HAD NO PROBLEMS. I BELIEVE THAT WAS A DRAINAGE SEWER ISSUE, AND HE ISSUED A LETTER THAT THAT WAS FINE. THE OTHER WAS GOING TO BE AN EASEMENT ISSUE WITH NORTH TEXAS WATER. THERE WAS A LETTER THAT SAID YES, WE CAN DO IT. WE HAVE NOT VOTED ON IT YET.

>> COUNCIL MEMBER SCHUPP, I DON'T WANT TO INTERRUPT YOU, BUT I BELIEVE THAT'S A DIFFERENT AGENDA ITEM.

>> I WASN'T SURE WHICH ONE IT WAS.

>> THAT'S OKAY.

>> NEVER MIND.

>> THAT'S THE WARRANT ISSUE.

>> YES.

>> OKAY. ALL RIGHT.

COUNCIL, ANY OTHER QUESTIONS BEFORE WE OPEN THE PUBLIC

HEARING? >> ALL RIGHT.

WITH THAT, THIS IS A PUBLIC HEARING, AND WE WILL OPEN THE PUBLIC HEARING AT 8:28 P.M. I DO HAVE TWO REQUESTS TO SPEAK FORMS. FIRST WE'LL GO WITH MASON GRIFFIN, AND IF YOU'LL JUST STEP UP AND STATE YOUR NAME AND CITY OF RESIDENCE.

YOU'LL HAVE THREE MINUTES.

>> MY NAME IS MASON GRIFFIN, U LIVE IN DALLAS, TEXAS, AND I'M HERE REPRESENTING THE APPLICANT, SO I FILLED OUT A CARD BECAUSE I DON'T LIKE THAT TO NOT BE DONE. I KNOW IT'S ALREADY BEEN A LONG MEETING, AND I KNOW IT'S NOT DONE YET, SO I'M JUST GOING TO HIT THE HIGHLIGHTS OF THIS. WE HAVE WORKED LONG AND HARD WITH THE CITY, CITY STAFF, AND WE FEEL LIKE WE HAVE REACHED A GREAT SOLUTION. COUNCIL MEMBER REAVES TO ANSWER YOUR QUESTION, CERTAINLY IF THE TENANTS, AT&T AND T- MOBILE EVER DECIDE TO REMOVE THEIR EQUIPMENT, THE TOWER CAN BE DECOMMISSIONED IN A VERY SHORT PERIOD OF TIME. IT'S NOT A COMPLICATED STRUCTURE. IT'S A VERY STRONG STEEL POLE.

I WOULD SAY THAT I HAVE WORKED IN THE INDUSTRY FOR ABOUT 25 YEARS, AND THESE THINGS JUST DON'T GET DECOMMISSIONED.

THE TENANTS, THE NEED HAS BECOME SO GREAT IN OUR SOCIETY FOR SO MANY REASONS THAT I'LL GET TO IN A MOMENT THAT THIS IS NECESSARY INFRASTRUCTURE.

AND IT WOULD BE SIMILAR TO ASKING WHEN IS GEORGE BUSH GOING TO BE REMOVED AND SO CERTAINLY UNDERSTAND THE CONCERN BUT I VIEW THIS AS NECESSARY INFRASTRUCTURE FOR ANY CITY THAT'S GROWING.

THIS IS KIND OF A UNIQUE SITUATION BECAUSE AS OPPOSED TO -- USUALLY IN THE SITUATION I'M HERE ADVOCATING FOR THE CONSTRUCTION OF A NEW TOWER.

ONE HAS NOT BEEN. IN THIS SITUATION, SOME TYPE OF WIRELESS INFRASTRUCTURE HAS BEEN HERE, EITHER ON THE WATER TOWER OR THE TWO TEMPORARY TOWERS FOR OVER 30 YEARS, AND SO WE'RE COVERING AN AREA THAT HAS BEEN CONSISTENTLY COVERED AND COVERED WELL FOR AT&T AND T- MOBILE FOR A LONG, LONG PERIOD OF TIME. WITH THE TORNADO IN 2015 THAT REMOVED THE WATER TOWER, IT CREATED A NEED TO ADDRESS

[01:30:01]

WE WEREN'T ABLE TO DO THAT AFTER FOUR OR FIVE YEARS, AND SO WE LOOKED FOR ALTERNATIVES AND FOUND A READY, WILLING AND ABLE LANDLORD TO THE SOUTH, AND WE HAVE WORKED TO REDUCE THE HEIGHT OF THE TOWER, AND RELOCATE IT SLIGHTLY SO THAT THE FALL ZONE FALLS ENTIRELY WITHIN THE SIDE YARD SET BACK OFTHE CITY'S PROPERTY TO THE NORTH.

THE GOAL THERE BEING THAT IF THE CITY WERE TO EVER DEVELOP THIS PROPERTY OR SELL IT TO A THIRD PARTY, WE DON'T WANT TO IMPAIR THEIR ABILITY TO USE THE PROPERTY IN ANY WAY THEY CAN.

THE FALL ZONE IS ENTIRELY WITHIN THE SIDE SETBACK OF THE LOT.

AGAIN, THIS IS KIND OF AN ODD SITUATION.

WE HAVE A TOWER. WE'VE GOT COVERAGE CURRENTLY.

IT'S WORKING RIGHT NOW. WORKING GREAT.

BUT THOSE TEMPORARY POLLS NEED TO BE REMOVED.

AND UNFORTUNATELY IF WE DON'T HAVE A PERMANENT SOLUTION, THEN THAT'S GOING TO HAVE A HUGE IMPACT ON HUNDREDS, THOUSANDS OF RESIDENTS IN THE AREA WHO WILL LOSE ACCESS TO THE WIRELESS NETWORK. DROPPED CALLS, INTERRUPTED CALLS. FAILED CALLS.

INABILITY TO RUN HIGH SPEED DATA THROUGH THEIR PHONES TO DO THINGS LIKE TRACK WEATHER MAPS.

LIKE TONIGHT. USE 911 SERVICE, ACCESS REMOTE CAMERAS ON YOUR HOME, THESE ARE ALL FUNCTIONS THAT WE HAVE BECOME USED TO AND EXPECT IN A MODERN CITY AND THOUSANDS FUNCTIONS WOULD GO AWAY IN EFFECT, TO FIND ANOTHER SOLUTION SOMEWHERE TO INSTALL A TOWER AND ANTENNAS. WE WERE THAT THIS WERE AGAIN, ANTENNAS FOR OVER 30 YEARS IS THE PERFECT PLACE TO PUT A TOWER TO PROVIDE THE COVERAGE THAT EVERYONE EXPECTS, DEMANDS, AND REALLY NEEDS TO OPERATE IN THE WORLD THAT WE LIVE IN.

GLAD TO ANSWER ANY QUESTIONS THAT ANYONE MIGHT HAVE. BUT I SKIPPED OVER SEVERAL THINGS BUT I KNOW WE WANT TO MOVE THIS MEETING ALONG.

>> THIS IS A PUBLIC HEARING. I'M GOING TO MOVE ON TO THE NEXT SPEAKER. OUR NEXT SPEAKER IS SHEILA LOBDALE, AND I APOLOGIZE IF I MISPRONOUNCED YOUR NAME.

IF YOU CAN COME UP AND STATE YOUR NAME AND CITY OF RESIDENCE. YOU HAVE REE MINUTES.

>> MY NAME IS SHEILA LOBDALE, LIVE AT 7901 SCHRADE ROAD, I HAVE LIVED THERE SINCE MARCH OF 2013, ALMOST 12 YEARS NOW. I WANT TO REITERATE THE IMPORTANCE OF HAVING A PERMANENT CELL TOWER AT THIS LOCATION.

WHEN I MOVED HERE IN 2013, THERE WAS NO ISSUES WITH CELL SERVICE UNTIL CHRISTMAS OF 2013, WHEN THE TORNADO HIT, WHICH IS WHY WE'RE HERE. THE WATER TOWER WAS DAMAGED AND REMOVED WHICH HOUSED SEVERAL DIFFERENT CELL PROVIDERS.

OUR AREA BECAME A DEAD ZONE. WEAK SERVICE, DROPPED CALLS, UNABLE TO HEAR OR BE HEARD ON MY CALLS. ONCE A TEMPORARY AT&T TRUCK WAS PLACED ON THE PROPERTY, OUR CELL SERVICE WAS PERFECT AND STILL IS TO THIS DAY.

USED TO WHEN MOVING INTO A COMMUNITY, YOU HAD BOXES TO CHECK OFF, LOCATION, SCHOOLS, ACCESS FOR YOUR COMMUTE TO AND FROM WORK.

YOUR HOME, THE NEIGHBORHOOD AND SO ON.

HOWEVER, IN TODAY'S WORLD, THE FIRST BOX THAT NEEDS TO BE CHECKED IS YOUR CELL SERVICE FOR THE AREA.

WITHOUT GOOD CELL SERVICE, ALL THE OTHER CHECKED BOXES DON'T MATTER. OUR CELL PHONES ARE OUR LIFELINE, AND 100% OF OUR EVERY DAY LIFE.

WITHOUT GOOD SERVICE, WE HAVE THE RISK OF NOT BEING ABLE TO GET AND RECEIVE IMPORTANT CALLS, NOT ONLY FROM FAMILY AND FRIENDS BUT EMERGENCY RESPONDER, FIRE DEPARTMENT, POLICE DEPARTMENT, HOSPITALS, ET CETERA. IF WE CAN'T REACH THEM, THEY CAN'T REACH US TO WHATEVER EMERGENCY IT MIGHT BE.

N CLOSING I'M ASKING YOU, PLEASE DON'T JEOPARDIZE OUR LIFELINE. DON'T TAKE OUR PHONES.

PLEASE ALLOW A PERMANENT TOWER AT THIS LOCATION. THIS IS A BENEFIT NOT JUST FOR OUR LOCATION BUT AS AT&T HA EXPLAINED BE EVER IN A MORE DETAILED, IT REACHES OUT AND REACHES FURTHER INTO THE ROWLETT COMMUNITY. THAT BOX FOR GOOD CELL SERVICE CAN BE CHECKED BY SO MANY OTHERS INCLUDING ME.

I THANK YOU FOR ALLOWING ME TO SPEAK. THANK YOU.

>> THANK YOU. THOSE ARE THE ONLY TWO SPEAKER CARDS I HAVE FOR THE PUBLIC HEARING THIS EVENING.

ARE THERE ANY OTHER INDIVIDUALS WHO WISH TO SPEAK? SEEING NONE, WE WILL CLOSE

[7C. Discuss and consider action on a request by David Prejean, on behalf of property owners David E. and Teresa L. George, for a Special Use Permit (SUP) to allow a telecommunication tower on property zoned Single-Family Residential (SF-9) District. The subject property is located at 7901 Schrade Road, approximately 230 feet northwest of the intersection of Martha Lane and Schrade Road, being part of the S A & M G RR Abstract 1416 Page 765, in the City of Rowlett, Dallas County, Texas.]

[01:35:02]

>> FAIR, FAIR.

>> SORRY. I APOLOGIZE.

WERE ANY OTHER LOCATIONS CONSIDERED AS OPPOSED TO THIS PARTICULAR SITE? I KNOW OFTEN TIMES ANTENNAS LIKE THIS ARE SITUATED ON EXISTING INFRASTRUCTURE, A WATER TOWER OR ANOTHER RADIO TOWER OR SOMEWHERE THAT'S ALREADY IN A HIGH PLACE. IS THERE A CONSIDERATION THAT WAS GIVEN TO AN ALTERNATIVE BESIDES THIS SITE?

>> I BELIEVE THAT QUESTION WAS ASKED DURING THE PREVIOUS HEARING WE HAD ON THIS. AGAIN, I WOULD TURN TO THE APPLICANT.

>> PLEASE, YES. THANK YOU.

>> YES, ABSOLUTELY. GREAT QUESTION, AND AGAIN, OUR FIRST GOAL, REALLY, I'LL JUST KIND OF PULL BACK THE CURTAIN A LITTLE BIT.

THE FIRST GOAL FOR ANY OF THESE COMPANIES IS TO LOOK FOR AN EXISTING STRUCTUR THAT'S ALREADY IN PLACE THAT CAN SUPPORT THIS EQUIPMENT, THAT'S CHEAPER, FASTER, ALREADY THERE IN THE VIEW SCAPE.

TYPICALLY IT'S BY A CITY ORDINANCE.

LESS WORK FOR ME. THAT'S OKAY.

THE JOB GETS DONE. WATER TOWERS ON COURT TRANSMISSION LINES, OFFICE BUILDINGS, THINGS LIKE THAT ARE OFTEN USED. PARKING GARAGES, ET CETERA.

FAILING THAT, THE NEXT GOAL IS TO LOOK FOR SOME PROPERTY OWNED BY THE MUNICIPALITY.

AGAIN, OFTEN PROPERTY OWNED BY THE MUNICIPALITY BY RIGHT AND A SMOOTHER PATH TO GETTING A PROJECT COMPLETED.

IN THIS CASE, WE ACTUALLY WORKED FOR ABOUT FIVE YEARS, WITH VARIOUS MEMBERS OF CITY STAFF TO FIND A VIABLE LOCATION, AND IN FACT, THE PROPERTY IMMEDIATELYIMMEDIATELY TO NORTH, BLUEBONNET PARK.

LET'S SEE, TWO DIFFERENT FIRE STATION, AND AGAIN, BACK TO THE ORIGINAL TOWER LOCATION WERE ALL ANALYZED AND REVIEWED AND FOR VARIOUS REASONS AND CONCERNS THE CITY HAD, THOSE WERE REJECTED.

WE PROVIDED EVERYTHING THE CITY ASKED, AGREED TO EVERY ACCOMMODATION THAT WE WERE REQUESTED AGREED TO AND COULDN'T WORK FOR THE CITY. FAILING THAT, WE WERE FORCED TO MOVE TO A PRIVATE PARTY TO FIND A GOOD LOCATION.

WE HOPE THAT ANSWERS YOUR

QUESTION. >> IT DOES.

THANK YOU VERY MUCH. THE SECOND QUESTION, I SAW THE FALL ZONE. IT'S A BREAK AWAY TOWER.

IT HAS ROUGHLY HALF THE HEIGHT THAT IT HAS A BREAK POINT I ASSUME. THE FALL ZONE IS 110% OF THE

HALFWAY POINT. >> THAT'S CORRECT.

>> WHAT IS THE LIKELIHOOD THAT THE ENTIRE TOWER FALLS AS ONE UNIT AS OPPOSED TO THAT BREAK AWAY POINT?

>> IT'S SPECIFICALLY DESIGNED WITH LET'S JUST CALL IT A STRUCTURAL WEAK POINT. I DON'T WANT TO FRIGHTEN ANYONE. IT'S DESIGNED TO COLLAPSE IN A CERTAIN WAY UNDER WIND LOADS. WE HAVE AN ENGINEER'S LETTER REQUIRED BY THE CITY TO DEMONSTRATE WHERE THE FALL ZONE IS. THAT WIND SPEED IS 105 MILES PER HOUR. AN F1, AND F2 TORNADO.

THAT'S WHAT WE'RE TALKING ABOUT HERE IS IT WOULD LITERALLY TAKE A TORNADO TO KNOCK THIS THING DOWN.

IT'S HOW IT'S BEEN ENGINEERED AND IT'S BEEN DESIGNED TO FALL IN A VERY I'M NOT AN ENGINEER.

I CAN'T SPECIFY WHAT PERCENTAGE LIKELIHOOD MIGHT EXIST FOR IT NOT TO FALL IN THE WAY IT'S DESIGNED TO. THAT'S WHAT THE CITY REQUIRES US TO DO, AND THAT'S HOW IT'S BEEN

DESIGNED. >> SURE.

AND DOES THIS TOWER CONTAIN ANY GUY WIRES THAT CONNECT ANYWHERE ELSE.

>> SELF-SUPPORT TOWER.

>> ONE MORE QUESTION FOR YOU, IF I MAY.

WHAT RESPONSIBILITY DOES THE CITY HAVE FOR INSPECTION OR REGULAR INSPECTION OF THESE TOWERS OR ANYTHING OF THAT NATURE? WHAT IS THE CITY'S RESPONSIBILITY IN THIS TOWER BEING ERECTED LONG-TERM?

>> I DON'T BELIEVE WE HAVE THE RESPONSIBILITY TO INSPECT PRIVATE TOWERS. CERTAINLY WE HAVE INFRASTRCTURE THAT'S ON OUR FACILITIES THAT WE LOOK AT, AND MAKE SURE THEY'RE SAFE, I DON'T BELIEVE WE HAVE A SYSTEM OF INSPECTING PRIVATE CELLULAR FACILITIES.

>> DO WE REQUIRE ANY REPORTING FROM THE TOWER OWNER?

>> NOT THAT I'M AWARE OF.

>> AS FAR AS FREQUENT INSPECTIONS OR THINGS OF THAT

NATURE? >> NOT THAT I'M AWARE

OF. >> OKAY.

>> I THINK THE ONLY THING I'M AWARE OF, IT WOULD GO SIMILAR LIKE ANY STRUCTURE. IT WOULD GO THROUGH THE BUILDING PROCESS PERMIT. OTHER THAN THAT, I'M NOT AWARE OF ANY OTHER THINGS IT WOULD BRING TO THE CITY

AFTERWARDS. >> OKAY.

I MEAN, OBVIOUSLY THEY HAVE A VESTED INTEREST OF ENSURING THAT IT MAINTAINS ITS STRUCTURAL INTEGRITY AND IS INSPECTED REGULARLY AND ALL OF THOSE THINGS BECAUSE IT'S THEIR PROPERTY.

I THINK THAT OVERSIGHT WOULD GIVE ME A LITTLE BIT MORE COMFORT IN THIS PROCESS, IF YOU WILL. COUNCIL, ANY OTHER QUESTIONS FOR THIS ITEM? DEPUTY MAYOR PRO TEM SHINDER.

[01:40:01]

>> YES. IF WE APPROVE THIS TONIGHT, WHAT IS THE TIME FRAME? HOW LONG WOULD IT TAKE BEFORE THE PERMANENT TOWER WOULD BE UP? I KNOW YOU DON'T HAVE AN EXACT ESTIMATE BECAUSE WEATHER AND EVERYTHING, BUT JUST A

BALLPARK. >> TOMORROW MORNING.

NO, MA'AM, I APOLOGIZE.

>> THAT'S RECORDED.

>> I DO KNOW THE APPLICANT IS EAGER.

HOWEVER, AFTER THIS APPROVAL, IF WE GET APPROVAL TONIGHT, WE'LL HAVE TO GO THROUGH THE BUILDING PERMIT PROCESS. ONCE THAT IS COMPLETED.

ONCE WE HAVE DONE EVERYTHING WE NEED TO DO, THE ACTUAL CONSTRUCTION PROCESS, I'M DEFERRING TO MY CLIENT HERE. ALL THE OTHER REGULATORY WORK IS DONE. THIS IS THE LAST PIECE OF THE PUZZLE. AND ACTUAL CONSTRUCTION, WE HAVE TO SCHEDULE AND MOBILIZE.

IT'S TWO TO THREE WEEKS, IS THAT CORRECT? I THINK THE ACTUAL CONSTRUCTION PROCESS IS TWO TO THREE WEEKS. I DON'T KNOW IF YOU CAUGHT THAT, BUT CERTAINLY WE COULD BE ON AIR BY THE END OF THE YEAR. WE'VE GOT TO ORDER THE TOWER.

AS YOU CAN IMAGINE, THEY HAVE BUILD PLANS AND BUILD ORDERS. ONCE WE CLEAR THE BUILDING PERMIT ORDER, HE GOES IN THE

HOPPER. >> AND THE SALE ON WHEELS WOULD BE THERE UNTIL THE NEW TOWER IS OPERATIONAL. SO THERE WOULDN'T BE ANY DISRUPTION.

>> THAT'S CORRECT. THAT'S THE LAST THING WE WOULD DO IS REMOVE THE TEMPORARY STRUCTURES, ONCE EVERYTHING IS UP AND FULLY

OPERATIONAL. >> GREAT, THANK YOU.

>> COUNCIL, ANY OTHER QUESTIONS? THIS IS A DISCUSS AND CONSIDER ACTION ITEM, SO I NEED A VERBAL MOTION FROM SOMEONE.

PUSH YOUR RTS BUTTON. DEPUTY PRO TEM SHINDER.

>> I MOVE THAT WE APPROVE THIS REQUEST ON BEHALF OF PROPERTY OWNERS FOR SPECIAL USE PERMIT TO ALLOW TELECOMMUNICATIONS TOWER ON THIS PROPERTY AT 7901 SCHRADE ROAD.

>> WE HAVE A MOTION AND A SECOND FROM COUNCIL MEMBER BRITTON. ALL RIGHT. SAY THAT ONE MORE TIME. SORRY, FORGOT TO PUSH YOUR -- THERE WE GO.

>> YES, I SECOND THAT.

>> THANK YOU. WE HAVE A MOTION AND WE HAVE A SECOND.

ANY DISCUSSION? >> I JUST WANT TO SAY I DID GO OUT THERE TO TAKE A LOOK AT THIS.

THE SALE ON WHEELS, THE COW, IF WE WILL. IT'S FUNCTIONAL BUT IT'S NOT THE PRETTIEST THING IN THE WORLD. I THINK THIS TOWER WILL BE NOT ONLY AN IMPROVEMENT IN TERMS OF THE SERVICE BUT ALSO A RELIABILITY OF THE SERVICEBUT ALSO IN TERMS OF THE AESTHETICS OUT THERE.

>> ANY OTHER DISCUSSION? WE HAVE A CITY ATTORNEY THOMAS.

>> I JUST WANTED TO MAKE SURE EVERYBODY'S AWARE, DON'T THINK IT WILL AFFECT ANYTHING, BUT THIS IS ACTUALLY AN SUP.

ALTHOUGH REASON OF TERM PERMIT, THIS IS AN ORDINANCE THAT YOU'RE MAKING A MOTION TO APPROVE FOR A ZONING CHANGE, FOR AN SUP.

>> DO I NEED TO AMEND THE MOTION?

>> I DON'T THINK SO.

>> ANY OTHER DISCUSSION? SO WE HAVE A MOTION TO APPROVE AND WE HAVE A SECOND. LET'S CALL THE VOTE.

AND THAT ITEM CARRIES UNANIMOUSLY BY A VOTE OF 6-0.

[7D. Discuss and consider action on a request by Muhammed Younus, BM Real Estate Holding Company, on behalf of property owner Inga Hugues, Rowlett for Jesus LLC, for approval of a Development Plan with Warrants for the development of a Montessori School and 10 Townhomes on a property zoned Form-Based Urban Neighborhood (FB-UN) District. The approximately 3.26 acre site is located west of Merritt Road approximately 1,000 feet south of the President George Bush Turnpike, addressed as 9849 Merritt Road also described as Hughes Addition Lot 1, Block B in the R. Copeland Survey, Abstract No. 229 in the City of Rowlett, Dallas County, Texas. ]

>> THIS IS A LITTLE MORE COMPLEX.

IT WENT TO THE PLANNING AND ZONING COMMISSION ACTUALLY THREE TIMES, I THINK. SO THEY TOOK A LOOK AT THIS THREE TIMES, AND EACH ONE HAD SIGNIFICANT QUESTIONS. THERE ARE A NUMBER OF WARRANTS IN FRONT OF YOU. THE FIRST TIME I THINK THEY EXPRESSED A CONCERN ABOUT CONNECTION OF THE FACILITY. I'M GOING TO GET TO A MAP SO YOU CAN SEE UP IN THETHE -- OVER HERE ON THIS, THERE WAS A CONNECTION TO A CUL-DE-SAC, AND THE PLANNING AND ZONING COMMISSION HAD A CONCERN ABOUT THAT CONNECTION. THAT WAS REMOVED.

THERE SEEMS TO BE A LOT OF QUESTIONS ABOUT PARKING SUFFICIENCY, ABOUT TRANSPORTATION CONNECTIONS.

ABOUT THEIR ABILITY TO HAVE TURNS, ET CETERA.

[01:45:01]

THE REQUEST FOR A WAIVER DUE TO SITE CONSTRAINTS, 20 FOOT EASEMENT. THERE ARE EASEMENTS THERE THAT POTENTIALLY COULD IMPACT THE FACILITY.

COUNCIL MEMBER SCHUPP, YOU SAID IT RIGHT.

ONE THEY HAVE CLARITY ON. THE OTHER ONE IS STILL UP IN THE AIR, IF THAT EASEMENT COMES BACK AS A CONSTRAINT, THEY WOULD HAVE TO GO BACK THROUGH THE PROCESS BY CHANGING THE PLAN.

OR MAY HAVE TO GO BACK THROUGH THE PROCESS.

ONE OF THE WAIVERS IS ON THE REDUCING THE SIDE YARD AREA.

TO DEAL WITH THE CONSTRAINTS ON THE SITE.

THERE ALSO IS THE LOT LENGTH HAD TO BE NARROWED IN ORDER FOR THEM TO FIT THE TOWN HOMES ON TO THE SUBJECT PROPERTY. PUBLIC OPEN SPACE WAS A LITTLE LIMITED AGAIN BECAUSE OF THE SIZE OF THE PROPERTY ITSELF. THEY ARE PROPOSING TO PUT IN SOME AMENITIES IN THE OPEN SPACE, PREDOMINANTLY FOR USE BY THE, YOU KNOW, RESIDENTS THERE, AND ALSO BY THE SCHOOL.

I DID TALK A LOT ABOUT PARKING, AND ONE OF THE QUESTIONS THAT CAME UP DURING THE PUBLIC HEARING, BEFORE THE PLANNING AND ZONING COMMISSION, WAS WHETHER THEY HAD ADEQUATE PARKING. THEY HAD TESTIMONY FROM THE MONTESSORI SCHOOL. IT'S NOT THE SAME AS AN ELEMENTARY SCHOOL THAT THE PULSE OF PEOPLE COMING IN AND OUT IS A LITTLE MORE DIVERSE, SO THEY REALLY FELT THAT THE PARKING WAS APPROPRIATE FOR THE SPACE. DOES NOT COMPLY WITH THE FRAMEWORK FOR TWO-WAY CROSS STREET CROSS SECTION AGAIN, DUE TO SITE CONSTRAINTS.

THERE ARE THREE ACCESS POINTS. WE REQUIRE A MINOR WARRANT FOR ALL ACCESS POINTS IN THE ZONE AREA.

SO THE EASEMENT TO THE NORTH, THE WATER DISTRICT, WE'VE ASKED THEM TO SORT OF GET THAT CLEARED UP. APPROVAL IS PENDING AS WE MENTIONED EARLIER. THE SAN TOIR ITARY SEWER EASEMENT, THE SCHOOL, THE SITE PLAN MAY NEED TO BE ADJUSTED SHOULD THAT BECOME A MORE SIGNIFICANT CONSTRAINT. THEY'RE WORKING THROUGH THAT.

SO THE REQUESTED WARRANTS MEET THE GENERAL INTENT.

THIS IS SORT OF THE APPROVAL CRITERIA THAT YOU'LL SEE AT THE END OF ALL OF THESE MEETINGS. THIS IS ONE THAT THE PLANNING AND ZONING COMMISSION STRUGGLED WITH, HAD SOME CONCERNS GETTING ACCESS, AND THEN LEFT- HAND TURNS AND ULTIMATELY VOTED TO RECOMMEND DENIAL.

I'M HERE TO ANSWER ANY QUESTIONS WE HAVE TO THE BEST OF OUR ABILITY.

>> THANK YOU FOR THAT PRESENTATION.

COUNCIL, I WANT TO JUST POINT OUT QUICKLY THAT THIS WAS DENIED BY THE PLANNING AND ZONING COMMISSION BY A VOTE OF 5-2.

HAD IT BEEN DENIED BY A VOTE OF 6- 1, WHICH WOULD HAVE BEEN A SUPER MAJORITY, IT WOULD REQUIRE A SUPER MAJORITY BY COUNCIL TO OVERTURN.

IT WAS NOT DENIED BY A SUPER MAJORITY.

IT REQUIRES A SIMPLE MAJORITY TO APPROVE. JUST TO CLARIFY. COUNCIL MEMBER SCHUPP.

>> WHAT WAS THE LAST THING THAT YOU

SAID. >> I'M SORRY, CAN YOU START YOUR COMMENTS OVER ONE MORE TIME.

>> THE LAST THING THAT YOU SAID THERE, I DIDN'T EXACTLY CATCH IT. IT KIND OF RELATED TO WHY THE PLANNING AND ZONING COMMISSION HAD DENIED THE REQUEST.

COULD YOU REPEAT THAT.

>> JUST AS IT'S HARD TO READ THE MINDS BUT THE QUESTIONS THEY ASKED WERE PREDOMINANTLY RELATED TO TRANSPORTATION ACCESS AND PARKING.

THEY WERE CONCERNED ABOUT THE ABILITY OF THE SITE, FOR PEOPLE TO EXIT AND ENTER THE SITE SAFELY ON MERR IRKZ ITT ROAD. THERE WAS AN UNPROTECTED LEFT TURN MOVEMENT THAT THEY THOUGHT WAS RISKY.

DID YOU SEE THAT ANY DIFFERENTLY? PLEASE. DO YOU HAVE ANYTHING TO ADD?

>> GOOD EVENING, SO THEY ALSO HAD SOME QUESTIONS PERTAINING TO THE TRAFFIC INTERNALLY BETWEEN THE TWO LAND USES. WE WEREN'T SURE WHY THEY DENIED THE REQUEST, BUT IT PERTAINED A LOT OF IT TO THE TRAFFIC STUDY THAT WHAT WASN'T QUITE ADDRESSED AT THE TIME. BUT THE APPLICANT IS HERE TO PRESENT AGAIN IF YOU WISH TO HEAR FROM THEM.

>> OKAY. YEAH, JUST BECAUSE ONE OF THE THINGS I NOTICED ON THE DRAWINGS AND SOMETHING THAT I REALLY LIKED, WE'RE SEEING IT IN LOT OF OUR NEW DEVELOPMENTS, PARTICULARLY THESE. WHAT WE USED TO CALL ALLEYS, BUT THEY'RE LIKE REALLY REALLY WIDE, WIDE, ALLEYS, AND IT'S VERY DIFFERENT, FOR THOSE OF YOU WHO HAVEN'T BEEN DOWN, IT GIVES THE NEIGHBORHOOD A DIFFERENT TRAFFIC

[01:50:01]

IT WOULD SEEM TO ME IF THERE'S INTERNAL TRAFFIC ISSUES WITHIN THE PROPERTY, HAVING THAT PARTICULAR KIND OF DESIGN BEHIND THE RESIDENCES, IN MY MIND, REALLY ALLEVIATES ANYTHING LIKE THAT. I'M VERY MUCH ON BOARD WITH THIS.

>> COUNCIL MEMBER BOWERS.

>> YES, COULD YOU BRING THE MAP UP ONE MORE TIME.

I JUST WANTED TO LOOK AT IT ONE MORE.

THANK YOU.

>> IS THIS THE ONE THAT'S MOST HELPFUL?

>> YES. COUNCIL, ANY OTHER QUESTIONS FOR STAFF? I THINK I WOULD LIKE TO HEAR THE PRESENTATION FROM THE APPLICANT IF THEY'RE AVAILABLE TO DO THAT.

I SUSPECT WE'LL ALSO HAVE QUESTIONS FOR THEM.

IF YOU WOULD, BEFORE YOU PRESENT, STATE YOUR NAME AND CITY OF RESIDENCE.

>> I LIVE IN 12009 CANYON CREEK DRIVE, PRESENTING ON BEHALF OF THE OWNER. I WILL TRY TO EXPLAIN. THE RATIONALE BEHIND WHAT WE DID AND WHY WE DID. I WILL START WITH A VISUAL INTRODUCTION THAT THE FIRST PICTURE IS WHEN YOU'RE STANDING ON THE SOUTH SIDE AND LOOKING TOWARDS THE NORTH, AND THE SITE IS ON THE LEFT AND THE SECOND ONE IS WHEN YOU GO TO THE NORTH SIDE OF THE SITE, AND THERE'S A DRAIN EASEMENT ON THE FOREFRONT, AND ON THE BACKGROUND, THERE'S THE SITE, AND THEN ON THE FAR, YOU CAN SEE THE TOWER, THE COMMUNICATION TOWER. AND PHOTOGRAPH NUMBER THREE IS AGAIN, LOOKING NORTHWARDS FROM THAT DRAIN AGE EASEMENT, AND FINALLY THE FOURTH PICTURE LOOKING BACK AT THE SITE, AND YOU CAN SEE THERE'S A GENTLE SLOPE THAT ROLLS DOWN FROM SOUTH TO NORTH, AND YOU CAN SEE THE COMMUNICATION TOWER IN THE BACKGROUND.

THIS ONE.

>> SO AS EXPLAINED BY THE STAFF THAT THE CHALLENGES THAT WE ARE FACING IS BECAUSE SOME OF THE EXISTING EASEMENTS TO START WITH, FOR EXAMPLE, THERE'S AN EASEMENT, WHICH IS PURPLE IN COLOR THAT GOES TO THE COMMUNICATION TOWER, AND WHICH IS A 97 FEET FALL ZONE AS WELL, AND THEN WE HAVE THIS WATER NORTH/SOUTH EASEMENT THAT CUTS THROUGH THE SITE, AND THEN WE HAVE THE BLUE COLOR, DRAINAGE EASEMENT AND A SLIGHT PORTION OF FLAG ZONE, THE DARK BLUE LINE. ANYTHING NORTH IS A FLAG ZONE.

THAT GIVES US A KIND OF TRUNCATED TRIANGLE SPACE TO PLAY WITH. AND SO THE SHAPE HAS RESTRICTIONS. WE TOOK IT AS A CHALLENGE, HOW WE CAN PLAY WITH IT IN THE DESIGN.

THAT'S TO GIVE YOU AN IDEA THAT MR. , VERY SUCCESSFUL STORY.

THE BEST MCKINNEY AWARD, AND LAST TWO YEARS, '23 AND '24 IT'S IN THE BUSINESS HALL OF FAME.

HIS IDEA WAS A VERY SIMPLE ONE, PUTTING A MONTESSORI OF ALMOST THE SAME SCALE, ENTRANCE AND PARKING IN THE FRONT, AND THE PLAY AREA TOWARDS THE LEFT.

SO THIS IS THE FIRST SKETCH WE APPROACHED THE STAFF WITH THE INTENTION, AND OF COURSE IT'S A FARM-BASED SCHOOL, AND THERE ARE CERTAIN STIPULATIONS AND THE MOST IMPORTANT ONE WAS THAT THE CODE REQUIRES MORE THAN THREE USERS ON THE SITE.

IT'S A SMALL SITE. A LOT MORE THAN 3. 26 ACRES, AND THEN AS YOU CAN SEE AFTER THE EASEMENT, THE ACTUAL SPACE THAT YOU CAN PLAY WITH, IT'S AROUND TWO ACRES.

THE IDEA OF THE FARM-BASED SCHOOL IS YOU HAVE TO PICK TWO FROM THE COMMERCIAL SIDE AND THE REST FROM THE RESIDENTIAL SIDE. IF YOU PICK, FOR EXAMPLE, MONTESSORI IS OF COURSE THE PRIME REASON THE OWNER IS INTENDING TO DEVELOP. IF WE DEVELOP ANY OTHER COMMERCIAL DEVELOPMENT, COMMERCIAL LAND USE IN IT, THE PARKING REQUIREMENT AND THE SETBACK REQUIREMENTS DOESN'T LEAVE ANYTHING FOR RESIDENTIAL.

WE DISCUSSED WITH THE STAFF, FOR EXAMPLE, IF WE REQUEST THAT INSTEAD OF THREE USERS, WE ASKED FOR TWO YEARS SO THAT WE CAN HAVE A SIZABLE NUMBER OF RESIDENTIAL.

[01:55:01]

WE CAN HAVE TWO TOWNS HOMES FACING THE GREEN AREA TOWARD THE BACK OPEN AREA. SO THAT'S HOW THIS MAJOR SKETCH PROPOSAL CAME INTO BEING THAT THE MONTESSORI, TWO BLOCKS OF TOWN HOMES, E NUMBER, TEN TOWN HOMES AND THE REST WHICH IS AVAILABLE BECOMES GREEN. THE SECOND CHALLENGE WAS THAT THE FARM-BASED SCHOOL DOESN'T ALLOW ACCESS FROM THE FRONT, SO WE HAD TO LOOP THE ROAD FROM THE BACK. WE TRIED TO PUSH IT AS MUCH TO THE EDGES TO HAVE THE MAXIMUM GREEN COME CLOSER TO THE BILLIONS. HAVING DONE THAT, YOU ARE WELL AWARE OF THE -- WE ENJOYED WORKING WITH THE STAFF.

THERE ARE 70 DIFFERENT REQUIREMENTS AND WE WERE ABLE TO SATISFY ALMOST ALL OF THEM EXCEPT EIGHT, AND THEN I WILL EXPLAIN TO YOU THAT WHAT ARE THOSE EIGHT REQUESTS WHICH ARE BRINGING IT TO THE TABLE.

OUT OF THOSE EIGHT, FIVE, ACCORDING TO THE REQUIREMENTS WOULD BE CONSIDERED MAJOR AND THREE WOULD BE CONSIDERED MINOR.

I WILL START WITH THE FIRST ONE AS I EXPLAINED, THE RECORD SAYS 20%, COMBINATION OF TWO USERS FROM THE COMMERCIAL, AND 80% FROM THE RESIDENTIAL.

WE HAVE BEEN NOT ABLE TO PUT THREE USERS ON THE SMALL SIDE. THAT'S WHERE THE FIRST REQUEST THAT ALLOWS US TO PUT THE MONTESSORI.

THAT'S REQUEST NUMBER ONE. REQUEST NUMBER TWO IS THAT THE CODE SAYS THAT THUGH YOU TRIED TO BRING OPEN SPACE AS CLOSE TO THE BUILDINGS, BUT THEY'RE A CERTAIN PROPORTION. BUT AFTER PUTTING ALL THE REQUIREMENTS FOR THE CODE FOR THE BUILDINGS AND THE SETBACKS, ALL THE OPEN SPACE, IT STILL EXCEEDS WHAT IS MINIMUM REQUIRED BUT IT'S NOT THE REQUIRED SHAPE SHAPE AND PROPULSION. AS YOU CAN SEE, THE MAJOR GREEN AREA, YOU CAN SEE THE OPEN SPACE IS TOWARDS THE NORTH, THEN IT KIND OF HUGS THE BUILDING TOWARDS THE SOUTH AND SOUTHWEST, AND THEN THE MONTESSORI HAS THE PLAY AREA TOWARDS THE BACK.

THAT'S THE SECOND REQUEST. IT'S AGAIN, CONSIDERED A MAJOR REQUEST BECAUSE THE PROPORTION OF THE OPEN SPACE IS NOT WHAT THE CODE DESIRES.

NUMBER THREE, IT'S A MINOR APPROVAL.

IT'S NOT A DIVISION. IT'S JUST TO INFORM YOU WHAT KIND OF FACILITIES THESE OPEN SPACES WOULD HAVE, SO WE HAVE PROVIDED, THE LANDSCAPE DESIGNER HAS PROVIDED ALL OF THOSE FACILITIES THAT WE CONSIDERED WOULD BE APPROPRIATE FOR THE PEOPLE.

WE ASSUME KIND OF A CROSS SECTION OF PEOPLE LIVING THERE.

STILL PROBABLY YOUNG FAMILIES AND ACTIVELY ENGAGED IN PHYSICAL ACTIVITIES.

PEOPLE WOULD BE THERE. SO WE ARE PROPOSING FACILITIES IN THE OPEN SPACE. THE NEXT ONE IS, AGAIN, A MINOR ONE AS THE STAFF ALREADY EXPLAINED, WHAT ARE THE NUMBER OF SUCCESSES WE HAVE TO JUST INFORM YOU, SO THE NUMBER ONE AND THREE IS THE ONE THAT WE ARE ADDITIONALLY ASKING IN EFFECT. AND THE NUMBER TWO IS A MEDIUM BREAK, WHICH IS SUPPOSED TO BE AN ENTRANCE TO THE SITE.

ALL THE STREETS ARE PRIVATE STREETS. ONLY USERS OF THE PARTICULAR SITE WOULD ENTER THE SITE. THE PARKING WAS A BIG DISCUSSION. A DETAILED DISCUSSION. AND THE RATIONALE IS IN THE FARM- BASED CODE, THERE'S NO PRECIPITATION OF HOW TO CALCULATE THE PARKING. WE HAVE TO COME UP WITH OUR OWN WE LOOKED AT THREE DIFFERENT POSSIBILITIES. ONE IS WHAT MR. UNUS IS PRACTICING IN MCKINNEY. IT'S EXACTLY THE SAME SIDES AND ACCORDING TO THE MCKINNEY CODE, THEY ARE REQUIRED TO HAVE 20 PARKING SPACES.

THE CODE SAYS THREE PARKING SPACES FOR EACH CLASS, AND ONE SPACE FOR EACH 400 SQUARE FOOT OF OFFICE SPACE. BY THAT STANDARD, THEY HAVE PROVIDED 20. IF WE GO BY THAT STANDARD, THEN THE 20 PARKING SPACES ARE NEEDED. WE DID LOOK AT INSTEAD OF FARM-BASED CODE, WE LOOKED AT THE CITY OF ROWLETT, AND WE WERE ABLE TO FIND AT LEAST TWO THINGS WE CAN COMPARE WITH, A DAY CARE AND A COMMERCIAL SCHOOL.

IF YOU GO BY THE DAY CARE STANDARDS, IT SHOULD BE OKAY TO HAVE 26 PARKING SPACES, BUT IF YOU GO BY COMMERCIAL SCHOOL CODE, IT SHOULD BE OKAY TO HAVE 34 PARKING SPACES.

AT THE MOMENT, WE HAVE PROVIDED 35 PARKING SPACES.

WE ALREADY ARE CONFIDENT THAT AND PLUS QUESTIONS ASK FROM THE TRAFFIC, AND IS HERE WITH US TODAY.

IF YOU HAVE ANY FURTHER DEEPER QUESTIONS, YOU CAN DEFINITELY ANSWER IT. AS FOR THE TOWN HOMES ARE

[02:00:03]

WE WANTED TO GO FOR THE SMALLER ONE, BUT I THINK THE FIRE MARSHALS WANTED TO MAKE IT 24. ALL THE FIRE CONCERNS ARE TAKEN CARE OF. SO ONCE WE GIVE 24 AND THEN WE GIVE 10 FEET SETBACK FROM THE ROAD, WHICH IS THE REQUIREMENT OF THE FARM- BASED CODE. WHATEVER WE ARE LEFT WITH IT, IT DOESN'T ALLOW TO MAKE IT 90 FEET.

AT LEAST THE ONES ON THE MERRITT ROAD. LET US ALLOW TO MAKE THEM 88 FEET, THE ONE IN THE MIDDLE AND THE TWO ON THE SIDES BECAUSE OF THE TURNING RADIUS, WE HAVE TO PUSH THEM FURTHER BACK TO 81.6 FEET.

THAT'S THE MAXIMUM SPACE AVAILABLE AND WE ARE UTILIZING IT. THE NEXT ONE IS THE SIDE YARDS.

IT HAS A VARIETY OF ROAD CROSS SECTIONS TO PICK FROM.

THE ONE THAT WE PICKED THAT ASKS FOR 11 FEET OF GREEN AREA, AND AREA ON THE SIDES OF THE ROAD.

ONCE WE GIVE THAT 11 FEET ON BOTH SIDES OF THE ROAD, AND WHAT EVER SPACE IS LEFT WITH, WE CAN ACCOMMODATE 5 FEET OF SIDE YARD INSTEAD OF 10 FEET. THAT'S ANOTHER REQUEST WE ARE MAKING. FINALLY, THE STREETS.

THE CODES ASKED FOR 16 FOOT WIDE TRAVEL LANE.

AFTER DISCUSSION WITH THE STAFF AND WITH THE FIRE MARSHAL, IT WAS CONSIDERED THAT 24, 25 FEET BACK-TO- BACK WOULD BE THE RIGHT KIND OF PAVING THAT SHOULD BE PROVIDED EVEN THOUGH THEY ARE PRIVATE STREETS, SO WE HAVE THE FOUR TYPE OF STREETS THAT WE ARE INTRODUCING, ALL HAVE INSTEAD OF 16 FEET PAVING, WE HAVE 25 FEET PAVING. IF YOU ADD THE PARKING REQUIREMENTS, PEDAL 90 DEGREE TO IT. THAT GIVES US FOUR DIFFERENT TYPE OF RIGHT-OF- WAYS, 36 FEET, 43 FEET, 50 FEET, AND HAS TWO VARIATIONS. THAT'S WHY THE WIDTH CHANGES.

SO THESE ARE THE FOUR DIFFERENT TYPES OF STREET CROSS SECTIONS THAT WE ARE REQUESTING. SO THERE WAS A DISCUSSION ABOUT TRAFFIC, THOUGH THE TRAFFIC UNIT IS HERE, AND HE CAN GIVE YOU A DETAILED ONE.

JUST TO GIVE YOU A VERY QUICK OVERVIEW, THAT ON THE LEFT SIDE, THE THREE RED DOTS, IDENTIFY THE MEDIAN BREAKS THAT ARE CURRENTLY ON @.

ACCORDING TO OUR ANALYSIS, 55% OF TRAFFIC WOULD COME FROM THE SOUTH SIDE, AND 45 WOULD COME FROM THE NORTH SIDE. SO OUR ANTICIPATION IS THAT ALL THE PEOPLE COMING FROM THE SOUTH SIDE WOULD TAKE THE EXISTING CUT ON THE ROAD AND ENTER THE SITE FROM THE MIDDLE, AND ALL THE PEOPLE COMING FROM THE NORTH SIDE WOULD MOST PROBABLY TAKE THE FIRST ENTRY TO THE SITE. AND THESE THREE COLORS THAT WE HAVE SHOWN IS PRIMARILY THE PEOPLE USING THE TOWN HOMES AND THE PEOPLE USING THE STAFF OF THE SCHOOL AND THE PEOPLE, THE PARENTS WHO WOULD DROP, SO FOR THE DROPOFF, WE HAVE TAKEN A VERY CONSERVATIVE APPROACH.

IN THE EXISTING MCKINNEY MONTESSORI, THE TIME IS SPREAD OVER THREE HOURS IN THE MORNING AND THREE HOURS IN THE EVENING. AND YOU CAN SAY 20% COME AROUND 6:30. THEN 40% COME AROUND 7:30.

IT WAS A LONGER TIME BUT WITH THE HELP OF THE STAFF WITH THE RECOMMENDATION OF THE STAFF, WITH DISCUSSED AND TRIED IT TO COMPRESS INTO A VERY CONSERVATIVE SITUATION, AND FOR EXAMPLE, IF ALL THE DROPOFFS COME IN THE FIRST 30 MINUTES. WE CALCULATED THAT THE PARKING THAT WE PROVIDED SHOULD STILL BE ENOUGH THAT THE PARENTS COME TO PARK THEIR CAR AND DROP OFF AREA THAT I , SO EVEN BY 30 MINUTES COMPRESSION, THE PARKING SHOULD WORK. BUT IF WE GO FOR ONE HOUR TIME PERIOD FROM 7:30 TO 8:30, THERE WOULD BE AMPLE PARKING AVAILABLE ALL THE TIME.

WE ALSO DEVELOPED ANOTHER ONE THAT, FOR EXAMPLE, EMERGENCY PICKUP. THAT SOME -- ALL THE PEOPLE NEED TO PICK UP THE KIDS FROM THE DROPOFF LANE, RATHER THAN PARKING.

EVEN IN THAT CASE, I DON'T KNOW IF IT IS VISIBLE, BUT ALL THE CUE WOULD STILL BE WITHIN THE SITE. IT WOULD NOT SPILL OVER. THESE ARE SOME OF THE SIDES FOR THE TOWN HOMES. THE ONE FACING THE INTERNAL AND THEN THE SCHOOL FACING THE MERRITT ROAD, THE SITE OF

[02:05:01]

THE SIDE OF THE SCHOOL FACING THE BACK PLAY AREA AND THE FOURTH FACADE.

SO I WOULD JUST CONCLUDE BY SAYING THAT APART FROM ALL OTHER THINGS THAT WE HAVE RESPECTED THE SCHOOL, I THINK THE MOST IMPORTANT FOR US WAS THAT FARM- BASED SCHOOL EXPECTS AA DEFINED URBAN FARM BY PUTTING THE BUILT AREA CLOSER TO THE ROAD SO YOU CAN GIVE THE DEFINITION OF AN EDGE. WE WERE ABLE TO DO THAT BY PUTTING THE BUILT FARM NEXT TO THE EDGE BECOMES MORE STRONG AND R MANY DEFINED, AND THEN SPREADING THE GREEN OPEN AREAS TOWARDS THE REST OF THE SITE. AND JUST TO GIVE YOU ONE LAST, I THINK YOU DIDN'T MENTION BUT I THINK THERE WAS ALSO A CONCERN ABOUT THIS DRAINAGEDRAINAGE IT'S BELONGED TO THE NEXT PROPERTY, JPI.

WE REACHED OUT TO THEM IN OCTOBER OF LAST YEAR.

THEY WERE VERY DEACCEPT TICH.CEPTIVE. THEY SAID WE CANNOT COMMIT ANYTHING FIRM.

THEIR PLAN WAS IN THE PROCESS OF APPROVALS.

JUST A FEW DAYS AGO, WE RECEIVED AN E-MAIL FROM THEM, THAT NOW THEY ARE READY TO PROCESS THAT EASEMENT, AND PLEASE LET US KNOW WHAT IS OUR SCHEDULE SO THAT THEY CAN DO THEIR CONSTRUCTION SCHEDULE ACCORDINGLY. THANK YOU.

ANY QUESTIONS? TRAFFIC ENGINEERS AVAILABLE, AND THE OWNER IS ALSO AVAILABLE.

>> COUNCIL, QUESTIONS?

>> I HAVE A FEW QUESTIONS. I DON'T SEE ANY OTHERS SO I'M GOING TO GO FOR IT. THE RESIDENTIAL PIECE, THE TOWN HOMES, WILL THOSE BE FOR SALE OR WILL THEY BE RENTED?

>> THEY WILL BE INDIVIDUALLY

PLOTTED. >> INDIVIDUALLY.

OKAY. PERFECT.

I DON'T -- I APPRECIATE THE PARKING ANALYSIS.

I DON'T SEE PARKING AS THE PRIMARY ISSUE.

I SEE THE FLOW AS THE PRIMARY ISSUE. THIS IS A SCHOOL. AN EXAMPLE O.OF THE ON SITE EVALUATION, FROM 7:30 TO 8:00, YOU'RE GOING TO HAVE 60 VEHICLES DROPPING THEIR KIDS OFF AND I ASSUME A NUMBER OF OTHER VEHICLES THAT WILL BE PARKING, IN ADDITION TO THE HOMES THAT WILL BE --

>> HOMES HAVE SEPARATE VISITOR PARKING AND THEIR OWN --

>> SURE. I'M TALKING ABOUT PEOPLE WHO GET UP IN THE MORNING TO GO TO WORK.

THEY'RE GOING TO BE PART OF THE TRAFFIC FLOW AS WELL.

I THINK THAT'S ANOTHER CONCERN I HAVE.

WHAT MOST CONCERNS ME, FRANKLY, IS THE EXIT BACK ON TO MERRITT ROAD. IT'S NOT GETTING ON THE PROPERTY, IT'S AFTER THEY DROP THE KID AFTER AND GETTING BACK ON TO MERRITT ROAD, THEY'RE FORCED TO GO ONE DIRECTION, THAT'S SOUTH. THOSE INDIVIDUALS WHO WOULD TO GO NORTH HAVE TO MAKE A U- TURN AT THE LANE CUT. IT IS A LIGHTLY TRAVELED BUT VERY QUICKLY TRAVELED ROAD, AND THERE ARE OFTEN CARS THAT ARE SPEEDING, AND I WORRY THAT WHEN MAKING A U- TURN THERE'S A POTENTIAL FOR INCIDENT.

MY QUESTION AND WOULD A SCHOOL LIKE THIS REQUIRE A SCHOOL ZONE? AND WOULD THAT BE A PART OF THE OVERALL TRAFFIC PLAN?

>> WE'RE NOT AWARE THAT IT COULD BE CONSIDERED A SCHOOL ZONE. IT'S A MONTESSORI, BUT PROBABLY STAFF CAN ANSWER IT BETTER.

I AGREE WITH YOU THAT ACCORDING TO OUR UNDERSTANDING OF THE WHOLE PROJECT, THE BEST WAY IS TO TURN RIGHT TOWARDS THE SOUTH, AND TAKE THE U- TURN FROM THE NEXT MEDIA CROSS.

IT WAS DURING THE PNZ, WHAT IF PEOPLE ALSO WANT TO TAKE THE LEFT. LEGALLY WE CANNOT STOP THEM.

IN OUR SITE PLAN, IF THIS -- THESE MEMBERS REQUIRE IT, WE CAN MAKE IT ONE -- ONLY TURN RIGHT IF THAT IS WHAT THE COUNCIL REQUIRES. BUT AT THE MOMENT, WE THINK IT SHOULD BE ONLY RIGHT TURN TOWARDS THE SOUTH. BUT IF THE LEFT TURN IS ALSO SUGGESTED, PROBABLY WE'D BE OKAY WITH

IT. >> I DON'T EVEN KNOW THAT IT'S, PEOPLE EXITING AND TURNING LEFT HAS SOME OF THE SAME ISSUES. I DON'T KNOW THAT SOLVES THE PROBLEM.

A U- TURN IS MORE THAN SOMEONE PULLING OUT AND MAKING A LEFT TURN.

WITH THE TRAFFIC FLOW COMING FROM THE SOUTH AND TURNING LEFT INTO THE SITE ACROSS THE LANE CUT IS GOING TO BE EQUALLY PROBLEMATIC WITH PEOPLE TRYING TO LEAVE THE SITE AND TRAVELING NORTH ACROSS THE VERY SAME LANE CUT. I KNOW IT'S NOT A TON OF CARS.

I HAVE KIDS IN SCHOOL. I DO DROP OFF ALMOST EVERY MORNING AT AN ELEMENTARY SCHOOL, AND I CAN TELL YOU HOW DANGEROUS IT CAN BE, ESPECIALLY IF THERE'S NOT SPEED CONTROL IN THESE AREAS. WHAT MY CONCERN IS

[02:10:02]

I THINK WE'RE HAVING A CONVERSATION WITH STAFF RIGHT

NOW. >> I WANT TO ADD ONE THING.

WE DID DISCUSS IT WITH THE STAFF ABOUT THE POSSIBILITIES.

FOR EXAMPLE, ONE POSSIBILITY IS THAT LET'S CLOSE THE MIDDLE ENTRANCE SO WE CLOSE THE MEDIAN CUT. AND EVERYONE WHO WANTS TO ENTER, THEY FIRST GO TOWARD AND TAKE A U- TURN, SO THAT IS -- WE DISCUSSED IT WITH THE STAFF. SOMEHOW OUR HEART WAS NOT RINGING ON THIS DECISION.

>> I DON'T CARE FOR THAT.

>> WE HAVE DISCUSSED DIFFERENT POSSIBILITIES. THIS IS THE BEST WE COULD THINK OF.

>> OUR CITY MANAGER HAS A

COMMENT. >> REALLY IT'S JUST A WAY IN.

I HAVE ASKED KRISTOFF TO SPEAK TO CHIEF DENNING.

I HATE TO PUT THEM ON THE SPOT. PART OF IT IS THEY MAY NOT BE ABLE TO ASSESS THE IMPACT. WE ALL UNDERSTAND TRAFFIC ENGINEERING STUDIES ARE THEORETICAL IN NATURE.

YOU'RE TALKING ABOUT A REAL LIFE CONDITION.

I WOULD OFFER IF WE CAN'T, OR WE DON'T FEEL COMFORTABLE WITH AN ANSWER NOW, ONE OF THE THINGS WE WANT TO MAKE SURE THE COUNCIL IS AWARE OF, WE HAVE THE AUTHORITY TO GO BACK AT ANY POINT IN TIME, AS WHICH WE FEEL THERE'S A TRAFFIC ISSUE WITH RESPECT TO SCHOOL ZONES OR SIGNAGE OR OTHER THINGS THAT WE CAN CONTROL IN THE INFRASTRUCTURE.

WE CAN GO BACK AND DO THOSE. I DON'T KNOW IF YOU HAVE BEEN ABLE TO CONFER AND COME UP WITH SOMETHING.

>> I DON'T THINK WE HAVE AN ANSWER TO ALL OF THAT.

IF THEY CALL IT A MONTESSORI SCHOOL, IT OPERATES AS MORE OF A DAY CARE FACILITY, SO A SCHOOL ZONE MAY NOT BE APPROPRIATE.

THE OTHER THING I WOULD POINT OUT, AS THEY IDENTIFY, THEY ANALYZED ONE- HALF HOUR.

THEY DID SHARE THAT THEIR ACTUAL OPERATIONS ARE MUCH MORE DIVERSE THAN THAT. THEY DON'T EXPECT THAT EVERYONE IS GOING TO SHOW UP IN A HALF HOUR.

AGAIN, IT'S NOT REALLY A FORMAL SCHOOL. IT'S A --

>> SO THE DROPOFF TIMES AREN'T QUITE AS CONSISTENT AS A SCHOOL WOULD BE. THAT'S VERY HELPFUL.

AND I THINK THE OTHER POINT I WOULD MAKE IS THAT, YOU KNOW, PROPERTY OWNER THAT NEEDS TO HAVE SOME SORT OF ACCESS TO THEIR PROPERTY, AS THAT TRAFFIC NEEDS TO BE ADDRESSED. IF THE SPEED IS TOO FAST, WE CAN LOOK AT ENFORCEMENT, SPEED LIMITS, OTHER THINGS TO ADDRESS THE TRAFFIC FLOW THAT THIS PROPERTY OWNER CAN'T ADDRESS DIRECTLY.

>> SURE. THANK YOU.

ANOTHER QUESTION, WITH REGARD TO THE SANITARY SEWER EASEMENT.

YOU KNOW, I SEE THAT YOU'RE ATTEMPTING TO ORIENT THAT A LITTLE BIT TO THE SOUTH OF WHERE IT EXISTS TODAY.

HAVE YOU PRICED THAT, AND YOU'RE COMFORTABLE WITH THE COST OF UNDERTAKING THAT.

>> I HAVE ALREADY DONE THE COST ANALYSIS.

SO IT'S INCLUDED IN THE APPENDIX, 7,500, AND HE'S WILLING TO ACCEPT THAT.

>> THANK YOU. HAVE YOU ALL DONE A TREE REMOVAL ASSESSMENT OF WHAT THAT MIGHT LOOK LIKE? BECAUSE THAT MIGHT ALSO BE AN ADDITIONAL COST. IT LOOKS LIKE YOU'RE GOING TO HAVE TO TAKE OUT A NUMBER OF TREES. I DON'T KNOW HOW BIG THEY ARE OR IF THEY'RE EVEN PROTECTED TREES OR ANYTHING OF THAT NATURE.

>> A TREE SURVEY WAS DONE AND SHARED WITH THE STAFF, AND WE WERE TOLD THAT WE ARE NOT SUPPOSED TO COMPENSATE FOR ANY REMOVAL.

>> THAT'S CORRECT. THE MITT IGATION IS DIFFERENT.

BASED ON WHAT WAS PROVIDED, WE DON'T SEE ANY TREES THAT NEED TO

BE MITIGATED. >> PERFECT.

I THINK THAT IS ALL THE QUESTIONS I HAVE.

WITH REGARD TO THE CELL TOWER THAT YOU MENTIONED, AND YOU MENTIONED YOU HAD THAT KIND OF CIRCLE.

THAT'S THE FALL ZONE FOR THAT TOWER. OKAY. AND YOU HAVE ALL OF THE STRUCTURES THAT YOU HAVE ARE OUT OF THAT FALL ZONE, CORRECT? COUNCIL MEMBER

REAVES. >> I DON'T HAVE ANY QUESTIONS.

I JUST WANT TO MAKE SOME COMMENTS. COUNCIL MEMBER SCHUPP, I THINK THE OTHER MAIN ISSUE WAS THE PARKING AND THE DRIVE THROUGH, HE MENTIONED THE THREE UNITS.

IF YOU LOOK AT THE SITE MAP, TO PUT A THIRD TYPE OF BUSINESS ON THERE IS IMPOSSIBLE WITH THE SIZE IT IS.

BUT I DO HAVE A PROBLEM WITH MINOR WARRANT 3 FOR THE AMENITIES.

>> RIGHT.

>> NOW, I DON'T KNOW IF I CAN DO THIS.

I'M FEELING A LITTLE BIT LIKE A WILD CARD HERE.

STOP ME IF I'M NOT ALLOWED TO DO THIS. I THINK UNDER THE FORM BASED COAT OF THE AMENITIES, I WOULD LIKE TO GIVE THE APPLICANT THE ABILITY TO FOREGO PUTTING THOSE IN. EVERY TIME I SEE THOSE TYPE OF AMENITIES, THAT DAY NOT USED AND THEY'RE SORT OF AN EYESORE.

I WOULD RATHER GIVE HIM THE OPPORTUNITY IF HE WOULD RATHER

[02:15:02]

ANOTHER MONTESSORI SCHOOL, WE HAVE ONE OTHER.

THANKS FOR COMING HERE. I'M IN FAVOR OF EVERYTHING PROPOSED HERE.

>> THANK YOU.

>> A QUESTION FOR STAFF, THAT IS A MINOR WARRANT, AND THAT IN MY RECOLLECTION, TYPICALLY DOESN'T REQUIRE COUNCIL ACTION. NO, IT DOES REQUIRE COUNCIL

ACTION? >> THERE WERE SO MANY WARRANTS WE DECIDED TO INCLUDE ALL FOR YOUR

PREROGATIVE. >> IF THIS ITEM WERE APPROVED, COULD THAT WARRANT THEN BE MODIFIED AFTER THE FACT TO ALLOW FOR A VARIATION, MR. HALL?

>> SO YOU SAID IF THE ITEM WAS APPROVED, COULD WE COME BACK AND APPROVE A MINOR WARRANT LATER ON ADMINISTRATIVELY. IS THAT YOUR QUESTION?

>> THAT'S WHAT I'M ASKING, YES.

>> WE COULD, BUT I WON'T. IT'S ONE OF THOSE THINGS, THERE ARE A LOT OF MINOR WARRANTS, IN THE STAFF, APPROVED ADMINISTRATIVELY, WE HAVE BEEN ADMONISHED ABOUT THE NATURE OF ONE OF THOSE. THIS IS ONE OF THOSE THINGS, I DON'T WANT TO GIVE YOU AN INCORRECT ANSWER. YES, WE COULD TECHNICALLY BUT THE NATURE OF THIS ENTIRETY IS THAT WE WOULD BRING THIS BACK BEFORE THE COUNCIL.

>> IN THAT CASE CAN I ASK FOR LEGAL ADVICE FROM MS. THOMAS ON WHAT AMENDED MOTION MIGHT LOOK LIKE OR AT LEAST TO AMEND THAT MINOR WARRANT, WARRANT NUMBER THREE? COUNCIL MEMBER

REAVES. >> I'M NOT TRYING TO COMPLICATE MATTERS HERE AND BE A WILD CARD.

I'M TRYING TO GIVE THE APPLICANT THE CHOICE, IF THEY WANT TO PUT IN THE AMENITIES AS SHOWN, THAT'S FINE. THAT IS THEIR CHOICE. IT'S NOT MY JOB TO TELL THEM WHAT TO DO. I WANT THEM TO HAVE THE FREEDOM IF THEY'RE THROWING THAT IN, JUST TO MEET THE FOREIGN-BASED CODE, IF THEY WOULD RATHER PUT IN SOMETHING DIFFERENT, SOME BUSHES OR WHATEVER, THAT'S ROUGHLY THE SAME COST, I THINK THEY SHOULD HAVE THE OPPORTUNITY AND THE CHOICE IS THEIRS

ULTIMATELY. >> YOU HAVE TO PUSH YOUR BUTTON AGAIN. THERE WE GO.

>> SORRY. YOU KNOW THAT YOU CAN JUST MAKE A MOTION TO AMEND WHAT'S BEFORE YOU.

IN PARTICULAR, WITH REGARD TO WHAT'S LABELED ON EXHIBIT C AS MINOR WARRANT NUMBER THREE.

BUT I URGE YOU TO MAKE IT A LITTLE MORE SPECIFIC THAN THAT. SO IF YOU WANTED TO SAY, YOU KNOW, THAT YOU AMEND MINOR WARRANT 3 TO PROVIDE THE APPLICANT WITH THE CHOICE OF THE MINOR WARRANT AS SHOWN, OR INSTALLATION OF LANDSCAPING AND PARK BENCHES, YOU KNOW, GO AHEAD AND SAY WHATEVER IT IS THAT YOU'RE WILLING TO ACCEPT. ONE MORE TIME.

LET'S SEE IF WE HAVE ANY MORE QUESTIONS BEFORE WE GET TO THAT POINT.

ANY OTHER QUESTIONS FOR THE APPLICANT OR STAFF? MAYBE WE DON'T NEED TO HAVE OTHER QUESTIONS. IN THAT CASE, I WILL ENTERTAIN A MOTION. WE HAVE A MOTION FROM COUNCIL MEMBER REAVES, AND I WILL ASK THAT YOU PUSH YOUR BUTTON, AND ACTUALLY MAKE THE MOTION PLEASE.

>> CORRECT ME, CITY ATTORNEY, I MAKE THE MOTION THAT WE APPROVE THE MAJOR AND MINOR WARRANTS AS WRITTEN WITH THE EXCEPTION ON MINOR WARRANT 3 THAT THEY ALSO HAVE THE ABILITY IN LIEU OF SPORTS EQUIPMENT AMENITIES TO PUT IN LANDSCAPING AT THEIR OWN DISCRETION.

>> WE HAVE A MOTION AND WE HAVE A SECOND.

COUNCIL MEMBER BRITTON.

>> I SECOND THAT. >> SO WE HAVE A MOTION TO APPROVE WITH ONE AMENDMENT TO MINOR WARRANT NUMBER 3, MS.

THOMAS. >> AND THAT WOULD BE TO AMENDMENT WOULD BE ON EXHIBIT C.

>> IS EVERYBODY CLEAR ON THAT? THE AMENDMENT WOULD BE ON

EXHIBIT C. >> THAT'S JUST FOR CLARIFICATIONCLARIFICATION FOR RECORD.

>> OKAY. ALL RIGHT. SO WE HAVE A MOTION AND WE HAVE A SECOND. COUNCIL, ANY DISCUSSION? SEEING NONE, LET'S CALL THE VOTE. RZ AND THAT ITEM CARRIES BY A VOTE OF 6-0.

ALL RIGHT. NEXT WE WILL MOVE ON TO ITEM

[02:20:02]

LET'S TAKE A

>>> MEMBERS OF COUNCIL, STAFF AND GUESTS, IT IS 9:30.

CAN WE HAVE ALL OF OUR COUNCIL MEMBERS MAKE THEIR WAY BACK TO THE DAIS, PLEASE.

ALL RIGHT. THANK YOU, EVERYONE, IT IS 9:30,

[7E. Discuss and consider action on a request by property owner Jasper Chan, for the approval of warrants to increase the side yard fence along Castle Drive and Edna Place from 4 feet to 6 feet and replace the wrought iron with wood, on a property Zoned Form-Based New Neighborhood (FB-NN) District. The approximately 0.255 lot is located about 1,500 feet southwest of Merritt Road and Castle Drive, addressed as 8922 Edna Place also described as Merritt Village Lot 2, Block E. Reason Crist Survey, Abstract No.225 in the City of Rowlett, Dallas County, Texas. (Part 1 of 1)]

WE'LL CONTINUE WITH ITEM 7E. DISCUSS AND CONSIDER ACTION ON A REQUEST BY PROPERTY OWNER JASPER CHAN FOR THE APPROVAL OF WARRANTS TO INCREASE THE SIDE YARD FENCE ALONG CASTLE DRIVE AND EDNA PLACE FROM 4 FEET TO 6 FEET AND REPLACE THE WROUGHT IRON WITH WOOD, ON A PROPERTY ZONED FORM-BASED NEW NEIGHBORHOOD DISTRICT. THE PRESIDENT .255 LOT IS LOCATED ABOUT 1,500 FEET SOUTHWEST OF MERRITT ROAD AND CASTLE DRIVE ADDRESSED AS 8922 EDNA PLACE ALSO DESCRIBED AS MERRITT VILLAGE LOT 2 BLOCK E. REASON CRIST SURVEY, ABOUT INSTRUCT NUMBER 225 IN THE CITY OF ROWLETT, DALLAS COUNTY, TEXAS. PRESENTING ANOTHER ITEM IS DEPUTY MANAGER KRISTOFF BOWER.

>> MY LAST NIGHT FOR YOU TONIGHT IS ABOUT A FENCE, AND OF COURSE THE CODE DOES REQUIRE ON YARDS THAT YOU HAVE A SHORTER FENCE THAT IS OPEN.

I DO WANT TO CLARIFY THAT THE PREVIOUS COMMENT TONIGHT ABOUT A FENCE ALREADY BEING STALLED ON THE SITE WAS INCORRECT. THAT FENCE THAT HAS BEEN INSTALLED IS ACTUALLY ACROSS THE STREET, AND IS ACTUALLY INSTALLED WITH COME INACCURATE ADVICE GIVEN BY CITY STAFF. WE GAVE A PERMIT, WHICH WAS INACCURATE. THEY ARE IN LINE APPLYING FOR THE SAME WARRANT THAT'S GOING TO THE BOARD OF ADJUSTMENT, AND THEN COMING BACK TO COUNCIL FOR CONSIDERATION.

SO THIS IS A PROPERTY ACROSS THE STREET, GOING TO THE PROCESS TO ASK PERMISSION TO DO SO THROUGH THIS WARRANT APPROVAL. THE LANDSCAPE PLAN IS CONSISTENT WITH THE FOREIGN BASED CODE AND ON THE SIDE YARD, DOES AND HAS INSTALLED AN OPEN IRON FENCE.

THE REQUEST THERE, INSTEAD OF HAVING A SHORT OPEN IRON FENCE TO PROVIDE PRIVACY, THAT WAS A REQUEST THAT WAS MADE AND ULTIMATELY APPROVED BEFORE THE BOARD OF ADJUSTMENT, BOARD OF ADJUSTMENT OR PLANNING AND ZONING?

>> PLANNING AND ZONING. SORRY.

WHO RECOMMEND APPROVAL OF THIS WARRANT.

I GUESS THERE IS ANOTHER ONE IN THE PIPELINE JUST ACROSS THE STREET. NOT TOO COMPLEX, ANY QUESTIONS YOU MAY HAVE, WE'LL TRY OUR BEST

TO ANSWER. >> COUNCIL, WHAT QUESTIONS DO YOU HAVE?

>> WOULD A PRIVACY FENCE THERE OBSTRUCT THE VIEW OF DRIVERS OR ANYTHING LIKE THAT.

IS THERE A SAFETY ISSUE?

>> THERE IS NOT.

>> I ALSO WENT THROUGH AND KIND OF LOOKED AT THE PLANNING AND ZONING MEETING, AND THERE SEEMED TO BE A LOT OF CONFUSION ABOUT WHETHER WE WERE -- WHETHER THE REQUEST WAS TO REMOVE THE WROUGHT IRON FENCE OR ADD A WOOD FENCE ADJACENT TO THE WROUGHT IRON FENCE AND THAT THE WROUGHT IRON FENCE THAT'S THERE IS NOT ACTUALLY ON THE PROPERTY OF THE APPLICANT. AND SO HE DOESN'T HAVE -- THIS APPLICANT DOESN'T HAVE THE RIGHT TO REMOVE THAT WROUGHT IRON FENCE IS THAT CORRECT?

>> I BELIEVE THAT IS CORRECT. IT WAS REQUIRED AS PART OF THE LANDSCAPING FOR THE PD.

>> SO IS THE REQUEST, THEN, SIMPLY TO ADD A WOODEN FENCE ONLY?

>> ON THEIR PROPERTY. THAT'S CORRECT.

>> SO THE TITLE OF THIS AGENDA ITEM TO REPLACE THE WROUGHT IRON WITH WOOD IS NOT ACTUALLY CORRECT? CAN WE GET SOME CLARITY ON THAT?

>> YES. GOOD EVENING AGAIN.

SO THERE'S TWO WAYS THAT THE APPLICANT CAN GO ABOUT THIS.

SO GIVEN THAT PER THE APPROVED DEVELOPMENT PLAN FOR THE VILLAGE SUBDIVISION, THERE IS THAT PICKET METAL FENCE ALIGNING HIS PROPERTY. HE HAS TWO OPTIONS. HE CAN EITHER REPLACE THE METAL FENCE IF HE GETS APPROVAL FROM THAT HOA OR HE COULD JUST ADD RIGHT NEXT TO IT.

[02:25:01]

NOW. >> BY COUNCIL GIVING THE APPROVAL FOR THE WROUGHT IRON, HE HAS THE CITY SIDE OF IT JUST NOT THE HOA SIDE OF IT.

>> COUNCIL WOULD BE ABLE TO APPROVE THE WOOD FENCE, NOT NECESSARILY. THAT WOULD BE MORE OF A CIVIL ISSUE BETWEEN HIM AND THE HOA, WHETHER OR NOT THEY CHOOSE TO HAVE HIM REMOVE THAT FENCE.

>> OKAY.

>> HOW CLOSE WOULD THE WOOD FENCE, ASSUMING THE HOA DIDN'T ALLOW HIM TO REMOVE THE METAL FENCE, HOW CLOSE WOULD THAT BE TO THE WOOD FENCE? WOULD THERE BE LIKE A GAP IN BETWEEN OR?

>> WE DON'T KNOW. IT WOULD BE RIGHT NEXT TO IT.

BASED ON, YOU KNOW, OUR CONVERSATIONS, AND WE -- THE BUILDING TEAM WOULD ALSO BE, YOU KNOW, A PART OF THIS CONVERSATION IF THEY FEEL THAT THERE NEEDS TO BE A GAP BETWEEN JUST FOR REASONS THAT THEY CONSIDER, YOU KNOW, LIABLE, THEN, YOU KNOW, WE WOULD TALK TO THE APPLICANT AND GO THROUGH THE PROCESS.

>> LET ME ASK THE CITY ATTORNEY, COULD WE APPROVE THIS CONTINGENT UPON HIM GETTING PERMISSION FROM THE

HOA? >> YOU MEAN AS FAR AS THE REMOVAL OF THE --

>> SAY THAT ONE MORE TIME.

>> YOU MEAN AS FAR AS THE REMOVAL OF THE WROUGHT IRON OR THE WOOD FENCE?

>> APPROVAL TO REMOVE THE WROUGHT

IRON. >> YES.

>> COUNCIL MEMBER BRITTON.

>> I'M TRYING TO UNDERSTAND. SO WE CAN AUTHORIZE THE WOODEN FENCE, BUT HE DOES NOT NEED TO GET PERMISSION FROM HIS HOA TO PUT THE WOOD FENCE THERE?

>> NO, AS LONG AS THE WOODEN FENCE IS ON HIS PROPERTY, HE CAN DO THAT WITHOUT THE HOA

APPROVAL. >> OKAY.

SO WE'RE NOT TAKING ANY ACTION ON THE WROUGHT IRON FENCE WHATSOEVER.

>> NO.

>> OKAY. COUNCIL MEMBER

REAVES. >> SORRY TO BELABOR THIS.

I THINK DEPUTY MAYOR PRO TEM SHINDER KIND OF ASKED THE QUESTION. JUST TRYING TO WRAP MY HEAD AROUND IT. SO IF TO THE CITY ATTORNEY, IF WE APPROVE OF THIS, DOES THIS OPEN THE CITY UP TO ANY LIABILITY THAT HE COULD GO TO THE HOA AND SAY I HAVE CITY APPROVAL TO DO THIS EVEN

THOUGH HE DOESN'T? >>

NO. >> CAN YOU PUSH YOUR BUTTON ONE MORE TIME, SORRY, IT HAS TO GO BACK AND FORTH.

COUNCIL MEMBER REAVES.

>> SO, AGAIN, LATE NIGHT, SORRY, SO AGAIN, THIS IS JUST GIVING HIM THE ABILITY TO SET UP A PRIVACY FENCE ON HIS OWN LAND AND IF THE HOA SAYS YOU CAN TAKE DOWN THE WROUGHT IRON FENCE, GO FOR IT, THAT'S PRETTY MUCH IT. OKAY. WELL, THEN I APPROVE.

THANK YOU.

>> AND FROM THE PLANNING AND ZONING MEETING, I JUST WANT TO BE CLEAR BECAUSE THIS IS ALSO ININ OUR PACKET. THE PLANNING AND ZONING COMMISSION'S MOTION WAS TO RECOMMEND APPROVAL TO ADD A 6 FOOT WOOD FENCE PERIOD. THAT'S IT.

NOTHING WROUGHT IRON AT ALL. THAT'S THE RECOMMENDATION.

WITH REGARD TO THE WARRANTS THAT ARE HERE, FOREIGN BASED CODE CALLS FOR A SPECIFIC TYPE OF FENCE ALONG A MAJOR STREET, WHICH IS CASTLE, RIGHT? AND SO WHAT DOES THAT WARRANT REQUIRE? DOES IT REQUIRE WROUGHT IRON OR DOES IT ALLOW FOR A WOODEN PRIVACY FENCE?

>> IT ACTUALLY REQUIRES FOR OPEN, THIS SPECIFIC ONE REQUIRES OPEN FENCING, SO A CERTAIN AMOUNT OF I THINK IT'S LIKE 50% OPEN ON THE FRONT YARD.

I ACTUALLY HAVE THE REQUIREMENT HERE. I CAN GO BACK AND FIND IT FOR YOU. WHAT'S THAT?

>> SO YOU ARE CORRECT. IT REQUIRES A CERTAIN TYPE OF FENCING AND ONE OF THEM IS A METAL PICKET FENCE.

NOT NECESSARILY A WOODEN -- A STRAIGHT UP WOODEN FENCE.

>> LOOKING AT AN AERIAL MAP OF THIS PARTICULAR DEVELOPMENT, I THINK THE ANSWER IS TWO, BUT CAN YOU TELL ME HOW MANY HOMES WOULD BE AFFECTED AS FAR AS SETTING A PRECEDENT FOR THIS TYPE OF THING IF WE WERE TO ALLOW A PRIVACY FENCE THERE? IT LOOKS LIKE THERE'S ANOTHER HOME ON THE CORNER OF THOMAS AND CASTLE THAT MIGHT ALSO HAVE THE SAME REQUESTS THEN.

>> CERTAINLY THERE ARE TWO THAT ARE IN THE PROCESS OF REQUESTING IT CURRENTLY, WHICH ARE THIS PROPERTY AND THE ONE DIRECTLY ACROSS THE STREET ON THAT SAME AREA.

THERE MAY BE OTHER PROPERTIES ALONG CASTLE THAT WOULD COME BACK AFTER THIS, AND ASK FOR THE SAME FLEXIBILITY.

IT DEPENDS ON WHETHER -- THE REAL UNIQUE THING ABOUT THIS PIECE IS THE SIDE YARD. IT DEPENDS ON WHETHER IT'S

[02:30:01]

>> YES.

>> AND THE DEVELOPMENT ALL THE WAY ALONG CASTLE.

>> I THINK THAT'S MY PRIMARY CONCERN.

THIS JUST OPENS THE DOOR FOR THE RESIDENTS IN THIS AREA TO KIND OF JUST SAY WE ALL WANT RIVACY FENCES, WHICH I RESPECT. I WOULD LOVE TO HAVE A PRIVACY FENCE AS WELL IF I WAS IN THAT SITUATION, BUT THE HOME WAS BUILT WITH THIS WROUGHT IRON FENCE IN PLACE, AND THAT'S THE TYPE OF ZONING THAT IS IN PLACE FOR THIS DEVELOPMENT AS A WHOLE.

I DON'T KNOW WHY WE WOULD CIRCUMVENT THAT.

THAT'S MORE COMMENTARY, I'M SORRY, THAT'S NOT A QUESTION.

IS THE APPLICANT HERE? BECAUSE I THINK THAT MIGHT BE HELPFUL TO HAVE.

>> I DON'T BELIEVE SO.

>> OKAY. OKAY.

COUNCIL, ANY OTHER QUESTIONS? COUNCIL MEMBER REAVES?

>> NO QUESTIONS. I JUST APPRECIATE YOUR PERSPECTIVE ON THAT. I DIDN'T THINK THROUGH THE PRECEDENT OF WHAT THAT COULD SET.

SO ANYWAY, THAT'S MAKING ME RETHINK THINGS.

SO THANK YOU FOR THE COMMENT.

>> SURE. >> DEPUTY MAYOR PRO TEM SHINDER.

>> IS THERE A REASON -- I'M TRYING TO UNDERSTAND WHY THE OPEN FENCING WOULD BE REQUIRED THERE. I KNOW LIKE IF THERE'S A LAKE FRONT VIEW, SOMETIMES OPEN FENCING IS REQUIRED, BUT IS THERE SOME REASON? IS THERE SOME SPECIAL VIEW THERE OR I GUESS WE PROBABLY DON'T KNOW THE ANSWER TO THAT, BUT.

>> SO THIS IS A PARTICULARLY UNIQUE LOT BECAUSE IT'S A LOT THAT FRONTS TWO STREETS. SO THAT ALSO, YOU KNOW, A LOT THAT HAS TWO FRONT YARDS, AND THAT HAS ITS OWN REQUIREMENTS. IF IT WERE JUST THE SIDE YARD, THEN HE WOULD CONFORM WITH THE 6 FOOT FENCE THAT HE WANTS TO ADD, WHICH IS WHAT HE HAS ADJACENT TO THE NEIGHBORHOOD TO HIS NEIGHBOR.

>>OKAY. SO THIS WOULDN'T BE SETTING A PRECEDENT FOR THE WHOLE NEIGHBORHOOD OR ANYTHING.

>> NO IT WOULD JUST BE FOR THE CORNERED LOTS THAT FRONT A MAJOR THOROUGHFARE, WHICH IS WHY HE'S REQUESTING THIS WARRANT BECAUSE OF THE CONCERN WITH PRIVACY FROM CASTLE DRIVE.

THE OTHER NEIGHBORS DON'T HAVE THAT CONCERN BECAUSE IT'S A SIDE FENCE THAT THEY HAVE, WHICH MEETS THOSE REQUIREMENTS THAT HE'S ASKING

FOR. >> I GET IT.

THEY CAN HAVE THE PRIVACY FENCE BUT HE CAN'T BECAUSE OF THE TWO, FRONTING THE TWO STREETS.

AND THAT WOULD ACTUALLY SCREEN -- IT SEEMS LIKE THE SCREENING WOULD BE DESIRABLE THERE ON THE MAIN STREET, BUT THAT'S COMMENTARY, SO.

>> IF YOU WERE TO TAKE A LOOK AT THE SAME SITUATION HAPPENING ON THE OTHER SIDE OF THIS SUBDIVISION, YOU DO SEE THE SAME SCENARIO, BUT THEY'RE COVERED BY BUSHES THAT ARE MUCH HIGHER THAN WHAT THIS APPLICANT HAS CURRENTLY FACING HIS, YOU KNOW, ON HIS SIDE HOME.

>> THANK YOU. COUNCIL MEMBER

SCHUPP. >> JUST A COUPLE QUESTIONS MAYBE YOU CAN ANSWER, WHOEVER. SO ONE OF THE PICTURES SHOWS A PRIVACY FENCE BEHIND THE WROUGHT IRON FENCE WITH SOME WEEDS GROWING UP. LOOKS LIKE IT'S IN THE SUBDIVISION. IS THAT LIKE A NEIGHBOR, IS THAT JUST AN ILLUSTRATION OF SOMETHING THAT'S GOING ON THERE? BECAUSE THAT'S NOT -- I MEAN, EXPLAIN EXACTLY TO ME, IF YOU WOULD, AGAIN, WHY THIS IS OKAY?

>> CAN YOU EXPLAIN THE QUESTION

AGAIN. >> PARDON ME.

>> CAN YOU EXPLAIN THE QUESTION AGAIN?

>> THERE WAS A PICTURE HERE, YEAH, I'M LOOKING AT THE RIGHT PLACE. IT SHOWS A -- LET'S SEE.

I DON'T KNOW WHAT IT IS. IT'S IN THE PACKET.

ANYWAY, IT LOOKS LIKE MAYBE EVEN THE HOUSE NEXT DOOR THAT HAS A BACK LOT PRIVACY FENCE BEHIND THE WROUGHT IRON FENCE.

>> SO WHAT I'M TRYING -- THE WROUGHT IRON FENCE --

>> IS THAT TELLING US THAT IT'S OKAY TO PUT THAT -- THERE'S NO PROBLEM PUTTING IT ACROSS THE BACKSIDE AS FAR AS CODE, BUT THE ISSUE IS REALLY DOWN CASTLE. AND SO THE POINT, AGAIN, BEING, THAT ARE WE SETTING A PRECEDENT TO BE ABLE TO SCREEN ALL THE WAY DOWN CASTLE WITHIN THIS DEVELOPMENT THAT HAS THIS AS PART OF THE REQUIREMENT FOR BUILDING THERE, IS THAT CORRECT?

>> YES.

>> AND MY OTHER, IF I RECALL, AND AGAIN, I HAVEN'T BEEN DOING VERY GOOD.

I DON'T KNOW WHICH ONE I'M LOOKING AT.

PART OF THE REASON, AS I UNDERSTAND WAS THE COST

[02:35:04]

>> CORRECT. I WISH HE WAS

HERE. >> I KNOW YOU CAN'T SPEAK FOR SOMEBODY ELSE. BUT THAT'S FACTUALLY CORRECT FROM WHAT WE KNOW.

>> THAT WOULD HAVE BEEN ANOTHER OPTION, CORRECT.

>> COUNCIL MEMBER BRITTON. >> YEAH, I MENTIONED TO THE CITY MANAGER, AND HE WAS CHECKING WITH OUR CITY ATTORNEY, AND I DON'T THINK WE CAN ACTUALLY PULL UP THE WORDING OF THE ORDINANCE THAT WE JUST RECENTLY CHANGED A WHILE BACK, SPECIFIC TO HOUSES THAT HAD TWO FRONT YARDS, WHERE THE APPLICANT OR THE PERSON WANTED TO CHANGE HER CHAIN LINK FENCE INTO A WROUGHT IRON FENCE BUT SHE WAS GOING TO BE REQUIRED TO KEEP IT AT 3 FEET.

WE HAVE REMOVED THAT RESTRICTION, BUT I CAN'T REMEMBER IF WE ALLOWED OTHER TYPES OF FENCES, NOT JUST, YOU KNOW, 4 FOOT. I KNOW THE CITY ATTORNEY WAS TRYING TO FIND THAT ORDINANCE.

I WAS THINKING IF THAT'S THE CASE, WE'VE ALREADY SET A PRECEDENT WITH THAT ORDINANCE THAT WE JUST CHANGED.

SO COUNCIL MEMBER SCHUPP, DID YOU HAVE ANOTHER COMMENT?

>> NO, I'M SORRY.

>> IF THERE'S NO OBJECTION, I THINK IT WOULD BE ASTUTE TO GIVE STAFF TIME TO RESEARCH THIS ITEM AND COME BACK TO IT.

I WILL SAY THAT WHEN I SAY PRECEDENT, I DON'T NECESSARILY MEAN THAT THIS JUST OPENS THE GATE AND ANYBODY CAN DO THIS NOW.

BUT I SUSPECT THAT WE WOULD HAVE A SERIES OF APPLICATIONS THAT WOULD COME IN FOLLOWING THIS BECAUSE PEOPLE WANT PRIVACY FENCES.

ONCE THE FIRST DOMINO FALLS, SO TO SPEAK.

IF SOMEONE INSTALLS A PRIVACY FENCE ON A LOT LIKE THIS, THERE ARE FORM BASED NEIGHBORHOODS IN THE AREA, SOME UNDER CONSTRUCTION THAT WE WOULD LIKELY SEE THE SAME REQUEST COME THROUGH, AND I JUST QUESTION THE APPROPRIATENESS OF DOING THAT. SO I THINK WE CAN JUST REALIGN THE AGENDA A LITTLE BIT. AND LAY THIS ITEM ON THE TABLE FOR THE MOMENT. WOULD THAT BE THE CORRECT --

>> THAT WOULD BE ACTUALLY TABLING IT THEN. MS. THOMAS, DO WE NEED A MOTION TO TABLE THIS ITEM UNTIL LATER IN THE MEETING. I WILL ENTERTAIN A MOTION TO DO THAT, IF THAT'S APPROPRIATE COUNCIL.

MOTION FROM COUNCIL MEMBER REAVES, IF YOU CAN PRESS YOUR BUTTON AND STATE THE MOTION SO IT'S CLEAR. ONE MORE TIME, SORRY.

GO FOR IT.

>> I MAKE A MOTION TO TABLE AGENDA ITEM 7E.

THE APPROVAL FOR WARRANT FENCE ON CASTLE DRIVE AND EDNA PLACE UNTIL WE BRING IT BACK.

>> LATER IN THE MEETING.

>> LATER IN THE MEETING. ALL RIGHT. AND WE HAVE A SECOND FROM COUNCIL MEMBER BRITTON.

>> I SECOND TLA.THAT.

>> WE HAVE A MOTION AND A SECOND TO TABLE THE ITEM UNTIL LATER IN THE MEETING. ANY DISCUSSION? LET'S CALL THE VOTE. ALL RIGHT.

AND THAT MOTION CARRIES UNANIMOUSLY BY A VOTE OF 6-0.

WE WILL TABLE THAT ITEM UNTIL

[7F. Consider adopting an ordinance to amend Rowlett Code of Ordinances Sections 34-31 and 34-33, Use and/or Possession of Firearms]

>> OKAY. SO THIS SOUNDED REALLY IMPORTANT, I KNOW, BUT IT'S ACTUALLY JUST A CORRECTION OF THE WORDING TO -- I THINK THE INTENT OF THE ORIGINAL ORDINANCE WAS NOT REALIZED BY THE ORIGINAL WORDING BECAUSE WHAT THE ORIGINAL ORDINANCE DID WAS MAKE IT AN OFFENSE TO -- FOR INSTANCE, GO TO WALMART AND BUY A PELLET GUN AND TRANSPORT IT BACK TO YOUR HOME BECAUSE OF THE WORD POSSESS. ALL WE DID HERE, I THINK CITY ATTORNEY, ALL WE DID BASICALLY WAS REMOVE THE WORD POSSESS,

CORRECT? >> WHICH WILL ACCOMPLISH THE ACTUAL INTENT OF THE ORDINANCE, WHICH WOULD PREVENT SOMEBODY FROM DISPLAYING OR BRANDISHING IT, PRETENDING THAT IT WAS A REAL FIREARM OR HAVING THE POLICE MISTAKE IT FOR A REAL FIREARM AND HAVE PROBLEMS RESULTS FROM THAT. IT'S A REMOVAL OF ONE WORD, THETHE POSSESS.

>> SO I LOOKED OVER THIS ORDINANCE, AND I THINK MAYBE MS. THOMAS MADE SOME OTHER ADJUSTMENTS TO IT. NOT SUBSTANTIATIVE ADJUSTMENTS BUT SHE DEFINITELYDEFINITELY SOME CLEAN UP ON THE ORDINANCE BECAUSE WE COMPLETELY REMOVED SECTION 34- 33 AND 34-31

[02:40:02]

I WAS CURIOUS WHY THEY HAD ADDED THAT IN.

IT WAS INTERESTING THAT THAT LANGUAGE HAD BEEN ADDED IN BECAUSE THE ORIGINAL LANGUAGE DID NOT SPECIFY IT BEING AN OFFENSE, IF SOMEONE OFF SITE WERE TO FIRE A WEAPON AND IT LANDED IN THE CITY OR STRUCK SOMEONE IN THE CITY, I SUPPOSE, OR STRUCK PROPERTY WITHIN THE CITY.

A WEAPON COULD HAVE BEEN FIRED FROM OUTSIDE CITY LIMITS INTO THE CITY, AND IT WOULD NOT HAVE BEEN AN OFFENSE FROM WHAT I UNDERSTOOD. SO THAT'S HOW WE ENDED UP WITH ESSENTIALLY TWO SEPARATE QUESTIONS THAT WERE ALMOST REDUNDANT WITH THE EXCEPTION OF WITHIN THE CITY LIMITS.

I DID HAVE TWO QUESTIONS ABOUT THIS, AND THEY'RE NOT SUPER IMPORTANT, BUT THE PREVIOUS LANGUAGE ALSO HAD A REFERENCE TO A SHOOTING RANGE AS BEING A DEFENSE.

AND I'M CURIOUS, NOT THAT WE HAVE ONE TODAY, BUT YOU NEVER KNOW. WE MIGHT AT SOME POINT. THAT BEING AN AFFIRMATIVE DEFENSE TO THIS PARTICULAR ORDINANCE, AND THEN I ALSO WENT AND LOOKED AT GARLANDS.

I WAS CURIOUS IF THEY HAD SOMETHING DIFFERENT.

THEY ACTUALLY HAVE A LINE IN THEIRS THAT AN AFFIRMATIVE DEFENSE WOULD BE DISCHARGING A BIBI GUN ON YOUR OWN PROPERTY, AND I'M THINKING OF MY DAD SHOOTING VERMIN ON HIS LAND.

THE SHOOTING RANGE DID EXIST.

>> I THINK THE SHOOTING RANGE THING, IF YOU HAVE POSSESS IN THERE, IT MAKES SENSUOUS BUT IF YOU -- ALTHOUGH DISPLAY.

WHY DID WE TAKE THE SHOOTING RANGE OUT, MS. THOMAS?

>> SHE'S MULTITASKING.

>> I KNOW.

EXTREMELY. >> WHY DID WE TAKE THE SHOOTING RANGE OUT?

>> I DIDN'T KNOW THAT WE DID.

>> OKAY. WELL, WE CAN PUT IT BACK, I GUESS. SO DO YOU KNOW EXACTLY WHERE IT GOES, WHAT SECTION?

>> I DO NOT, BUT I CAN LOOK. >> YEAH.

SO WE WANT TO ADD BACK THE AFFIRMATIVE DEFENSE OF IF IT'S AT A SHOOTING RANGE AND ALSO IF YOU'RE SHOOTING A PELLET GUN OR BIBI GUN ON YOUR OWN PROPERTY. AS LONG AS IT STAYS ON YOUR PROPERTY.

>> SURE. YEAH.

IN FACT, GARLAND'S LANGUAGE WAS BASICALLY IF IT'S FIRED AND DOES NOT CROSS A PROPERTY BOUNDARY, SOMETHING OF THAT NATURE. ESSENTIALLY I'M THINKING, YOU KNOW, IF YOU'VE GOT A VERMIN ON YOUR PROPERTY THAT YOU'RE TRYING TO TAKE OUT, BIBI GUN IS THE APPROPRATE WAY TO DO THAT, AS OPPOSED TO A LARGER, MORE ROBUST WEAPON.

>> SO WOULD WE MAKE THOSE CHANGES AND BRING IT BACK ON THE CONSENT AGENDA?

>> UNLESS VICTORIA DISAGREES, I WOULD THINK WE COULD MAKE AN AMENDED MOTION TO APPROVE THE ORDINANCE AS AMENDED.

>> YOU CAN.

>> COUNCIL MEMBER SCHUPP.

>> VERY QUICKLY. SO IN THE WORDING, I'M NOT SURE I PERSONALLY SAYING BIBI GUN IS VERY LIMITING.

MAYBE AIR POWERED RIFLE, SOMETHING LIKE THAT.

>> IT ACTUALLY LISTS ALL OF THEM . AIR RIFLE, AIR PISTOL, PAINT BALL GUN, PELLET GUN, BIBI GUN, CROSS BOW OR SIMILAR DEVICE.

>> COUNCIL, ANY OTHER QUESTIONS ON THIS ITEM? MS. THOMAS, HAVE YOU BEEN ABLE TO TRACK THOSE CHANGES AS WE'VE -- OKAY.

PERFECT. AT THIS TIME, COUNCIL, IF THERE'S NO OTHER QUESTIONS, I WILL ENTERTAIN A MOTION. HAVE A MOTION BY COUNCIL MEMBER REAVES, AND I'M GOING TO ASK YOU, COUNCIL MEMBER REAVES, TO STATE THAT MOTION IF YOU WOULD, IF YOU CAN HIT RTS. GO AHEAD.

>> DO I NEED TO SPEAK THE AMENDMENT ON THAT MOTION?

>> YES. >> OH. OKAY. MAKE A MOTION TO APPROVE CONSIDER ADOPTING ORDINANCE SECTIONS 34- 31 AND 34-33, USE AND/OR POSSESSION OF FIREARMS WITH THE AMENDMENT TO INCLUDE GUN RANGE AND IN YOUR OWN PROPERTY SO LONG AS IT DOES NOT GO OUTSIDE OF YOUR PROPERTY, SO WHEN YOU SHOOT IT, IT DOES NOT LEAVE YOUR PROPERTY. AS AN AFFIRMATIVE DEFENSE.

>> AND THAT WOULD SPECIFICALLY BE FOR BIBI GUNS OR AIR SOFT GUNS OR SOMETHING OF THAT NATURE. NOT A TRADITIONAL

[02:45:01]

FIREARM. >> CORRECT.

TO THE ITEMS LISTED IN THE EXECUTIVE SUMMARY, NOT A TRADITIONAL FIREARM.

>> ALL RIGHT. SO WE HAVE A MOTION FROM COUNCIL MEMBER REAVES TO APPROVE THE ITEM AS AMENDED.

I SEE A SECOND FROM COUNCIL MEMBER SCHUPP, IF YOU COULD PUSH

RTS. >> I SECOND.

>> WE HAVE A MOTION TO APPROVE, AS AMENDED, AND WE HAVE A SECOND. ANY DISCUSSION ON THIS ITEM? ALL RIGHT. CALL THE VOTE, PLEASE.

THAT ITEM CARRIES UNANIMOUSLY BY A VOTE OF 6-0.

AL ON TO ITEM 7G. CONSIDER AN ACTION TO APPROVE AN AGREEMENT WITH THE DALLAS OFF-ROAD BICYCLE ASSOCIATION TO UTILIZE CITY-OWNED PROPERTY FOR CONSTRUCTION AND ONGOING MAINTENANCE OF A BICYCLE TRAIL GENERALLY LOCATED BETWEEN MAIN STREET AND MILLER HEIGHTS EAST OF PRESIDENT GEORGE BUSH TURNPIKE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTUATE SAID AGREEMENT AND PROVIDING AN EFFECTIVE DATE.

AND MAKING THAT PRESENTATION WILL

BE -- >> EXECUTIVE

SESSION >> BEFORE WE MOVE ON TO ITEM 7G, I HAVE READ THAT INTO THE RECORD, THE GOOD THING IS

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

COUNCIL, WE WILL MOVE TO THE WORK ROOM, AND CONVENE AT APPROXIMATELY 10:00 P.M. FOR THOSE OF YOU THAT WISH TO STICK AROUND, YOU MAY, OF COURSE.

WE WILL BE BACK IN HERE TO COVER THE REST OF THE ITEMS ON THE AGENDA WITH THE EXCEPTION OF THE SECOND EXECUTIVE SESSION ITEM LATER THIS EVENING. THANK YOU.

>>> COUNCIL WE'LL RECONVENE, AT

[7G. Consider an action to approve an agreement with the Dallas Off-Road Bicycle Association (DORBA) to utilize city-owned property for construction and ongoing maintenance of a bicycle trail generally located between Main Street and Miller Heights, east of President George Bush Turnpike; authorizing the City Manager or his designee to execute all necessary documents to effectuate said agreement; and providing an effective date.]

WE'LL MOVE BACK NOW TO ITEM G. CONSIDER AN ACTION TO APPROVE AN AGREEMENT WITH THE DALLAS OFF-ROAD BICYCLE ASSOCIATION TO UTILIZE CITY-OWNED PROPERTY FOR CONSTRUCTION AND ONGOING MAINTENNCE OF A BICYCLE TRAIL GENERALLY LOCATED BETWEEN MAIN STREET AND MILLER HEIGHTS EAST OF PRESIDENT GEORGE BUSH TURNPIKE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTUATE SAID AGREEMENT AND PROVIDING AN EFFECTIVE DATE. BRITTNEY FAR IS MAKING THAT BACKGROUND IN JULY OF 2023, THE DALLAS OFF ROAD BICYCLE ASSOCIATION APPROACHED THE PARKS AND RECREATION STAFF ABOUT IMPLEMENTING A PUBLIC MIXED USE TRAIL.

THROUGHOUT FY 24, STAFF WORKED WITH DORBA TO ALLEVIATE CONCERNS REGARDING SAFETY, PARKING AND FUTURE USES OF THE PARK. WE COUNCIL INSTRUCTED STAFF TO MOVE FORWARD TO TRAIL USE.

THIS IS THE MAP PROVIDED BY DORBA SHOWING THE PROPOSED ROUTE FOR THE TRAIL. I'LL GO INTO A LITTLE BIT OF THE HIGHLIGHTS OF THE AGREEMENT. WE'LL START WITH DORBA'S ROLES AND RESPONSIBILITIES.

THEY HAVE AGREED TO FUND ALL TRAIL WORK AND MAINTENANCE.

THEY HAVE A TRAIL STEWARD. THEY'LL ORGANIZE VOLUNTEER WORK AND PROVIDE LABOR, EQUIPMENT AND MATERIALS. THEY'LL NOTIFY THE CITY OF ANY SCHEDULED WORK AND PROVIDE A LIST OF VOLUNTEERS, WHO WILL SIGN A WAIVER BEFORE GOING INTO WORK. DORBA IS RESPONSIBLE FOR ALL COSTS, MAINTENANCE, REPAIRS, AND WASTE DISPOSAL, AND THEN DORBA MUST CARRY A $1 MILLION GENERAL LIABILITY INSURANCE NAMING THE CITY AS AN ADDITIONAL INSURED. THERE IS A PROVISION IN THE AGREEMENT THAT DORBA WILL NOT INDEMNIFY AGAINST PUBLIC USE. THE CITY'S ROLES AND RESPONSIBILITIES, THE CITY WILL RETAIN FULL OWNERSHIP, MAY CLOSE THE TRAIL AT ANY TIME.

THE CITY MUST APPROVE ALL TRAIL DESIGNS, MODIFICATIONS, ANY OUTSIDE CONTRACTORS. THE CITY IS PROHIBITED REMOVAL OF TREES OVER 3 INCHES AND PROHIBITS CONCRETE STRUCTURES.

THE CITY MAY FUND THE TRAIL AT ITS OWN DISCRETION BUT IS NOT OBLIGATED TO. AND THE CITY MAY BE SUBJECT TO GENERAL PUBLIC CLAIMS. FORTERMINATION, THE AGREEMENT IS ONE YEAR, UNLESS EITHER PARTY GIVES A 30-DAY NOTICE. EITHER PARTY MY TERMINATE THE AGREEMENT AT ANY TIME WITH 30 DAYS NOTICE, AND ANY IMPROVEMENTS WILL REMAIN CITY PROPERTY AT THE TERMINATION OF THE AGREEMENT.

AND WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS.

>> COUNCIL, QUESTIONS?

>> SEEING NO QUESTIONS. I WILL ENTERTAIN A MOTION ON THIS ITEM. HAVE A MOTION FROM DEPUTY MAYOR PRO TEM SHINDER.

>> I MOVE THAT WE APPROVE THE AGREEMENT WITH DORBA WITH

[02:50:02]

>> WE HAVE A MOTION FROM DEPP DAY MAYOR PRO TEM SHINDER, A SECOND FROM COUNCIL MEMBER

BRITTON. >>

SECOND. >> WE HAVE A MOTION AND A SECOND. MS.

THOMAS. >> CLARIFICATION BECAUSE WE CALLED IT PARAGRAPH 1. IT'S ACTUALLY THE FIRST PARAGRAPH ON PAGE 3. IT'S PART OF PARAGRAPH 1.4.

OKAY. SO WE HAVE A MOTION TO APPROVE BUT WE'RE DELETING THE FIRST PARAGRAPH ON PAGE 3. IS EVERYBODY CLEAR ON THAT? OKAY. WE HAVE A MOTION TO APPROVE, AND WE HAVE A SECOND. IS THERE ANY DISCUSSION ON THE ITEM BEFORE WE TAKE THE VOTE? MR. MALLOY, I THINK WE'RE HOPEFUL THAT THIS WORKS OUT WITH THIS ADJUSTMENT THAT WE'VE MADE.

IN SEEKING ADVICE, WE'RE TRYING TO GET TO A SITUATION THAT WORKS WELL FOR BOTH THE CITY AND FOR DORBA, MAKES SENSE. HOPEFULLY THIS IS THAT CASE.

WE UNDERSTAND THAT THIS WILL PROBABLY HAVE TO GO BACK BEFORE THE DORBA BOARD BECAUSE THERE'S A SLIGHT ADJUSTMENT FROM WHAT THEY PREVIOUSLY APPROVED.

WITH THAT, LET'S CALL THE VOTE. ALL RIGHT.

THAT ITEM CARRIES UNANIMOUSLY BY A VOTE OF 6-0.

[7E. Discuss and consider action on a request by property owner Jasper Chan, for the approval of warrants to increase the side yard fence along Castle Drive and Edna Place from 4 feet to 6 feet and replace the wrought iron with wood, on a property Zoned Form-Based New Neighborhood (FBNN) District. The approximately 0.255 lot is located about 1,500 feet southwest of Merritt Road and Castle Drive, addressed as 8922 Edna Place also described as Merritt Village Lot 2, Block E. Reason Crist Survey, Abstract No.225 in the City of Rowlett, Dallas County, Texas. (Part 2 of 2)]

WE'RE GOING TO TRANSITION BACK TO ITEM 7E MS. THOMAS, DO I NEED TO READ THAT INTO THE RECORD.

BACK TO ITEM 7E, WHICH IS THE FENCE DISCUSSION.

KRISTOFF BOWER.

>> I WOULD LIKE TWO THINGS. IN THE REFERENCE TO THE ORDINANCE THAT YOU AMENDED, ACTUALLY BACK IN SEPTEMBER, THAT ACTION WAS IN RELATION TO NONCONFORMITIES. SO IN A SITUATION THAT YOU WERE TRYING TO ADDRESS WAS SOMEBODY WHO HAD A NONCONFORMING FENCE, AND WANTED TO REPLACE A NONCONFORMING FENCE, SO YOU AUTHORIZED THE REPLACING OF A NONCONFORMING FENCE, IN THIS CASE, A FENCE THAT WAS MADE OF WOOD AND WAS TALLER THAN THE STANDARD ALLOWED, AND YOU ALLOWED THEM TO REPLACE THAT NONCONFORMING FENCE WITH THE SAME HEIGHT AND MATERIAL. NOT REALLY APPLICABLE TO THIS EXAMPLE. WHAT I'VE DONE IS IDENTIFY POLLED SOME LOOKS HERE, AND AS I MENTIONED EARLIER IN MY PRESENTATION, THE VAST MAJORITY OF THESE PROPERTIES IS EITHER THE BACKYARD OR THE FRONTFRONT THAT FACES. THE BACKYARD, THEY HAVE A PRIVACY FENCE. WHEN IT'S THE FRONT YARD, OF COURSE, THE PRIVACY FENCE IS IN THE BACK. ALL OF THESE PROPERTIES HAVE A BACKYARD FACING CASTLE, SO THEY HAVE A PRIVACY FENCE. THE LIMITATION IS ON THE SIDE YARD. THERE ARE LIMITED LOTS TO WHICH THAT APPLIES, AND IT'S REALLY THESE TWO, IF I CAN HIGHLIGHT THIS.

SO IT'S THIS ONE, WHICH IS THAT APPLICANT THAT'S HERE.

AND NO, THAT'S NOT -- IS THAT IT? IT'S THIS ONE HERE. YOU CAN SEE THIS IS THEIR SIDE YARD. AND THEN NOT ON CASTLE BUT ON THE OTHER STREET, THERE'S A SIDE YARD THAT HAS THAT SAME IMPACT HERE ON EDNA PLACE.

SO THIS IS THE ONLY ONE THAT'S IMPACTED ON CASTLE, AND THEN YOU HAVE TWO PROPERTIES HERE ON EDNA. NOW THEIR SIDE YARD WHERE THEY HAVE AN OPEN FENCE CURRENTLY UNDER THIS CURRENT REGULATION. SO AS FAR AS, YOU KNOW, HOW FAR THIS WOULD APPLY, IT WOULD APPLY TO THOSE CASES WHERE YOU HAVE A SIDE YARD THAT'S FACING A SIGNIFICANT ROADWAY. THE REST OF THE DEVELOPMENT HAS PRIVACY FENCES AROUND THEIR PROPERTY.

AND HERE'S THE ORDINANCE, YOU CAN SAY IT'S BASICALLY REFERRING TO A NONCONFORMITIES.

>> THANK YOU.

>> YEP.

>> COUNCIL, FURTHER QUESTIONS FOR MR. BOWER? ALL RIGHT. IN THAT CASE, WE ARE CONSIDERING ACTION ON ITEM 7E. THE REQUEST FOR THE APPROVAL OF WARRANTS TO INCREASE THE SIDE YARD FENCE, AGAIN, TO ADD A PRIVACY FENCE. DO WE HAVE A MOTION FROM DEPUTY MAYOR PRO TEM SHINDER.

>> I MOVE THAT WE APPROVE THE WARRANT TO INCREASE THE SIDE YARD FENCE ALONG CASTLE DRIVE AND EDNA PLACE FROM 4 FEET

[02:55:03]

>> WE HAVE A MOTION. DO WE HAVE A SECOND?

>> SECOND FROM COUNCIL MEMBER

BRITTON. >> I SECOND THAT.

>> ALL RIGHT. WE HAVE A MOTION AND A SECOND.

ANY DISCUSSION? I WILL SAY THAT I STILL VERY MUCH DISAGREE WITH THIS, AND I APPRECIATE KRISTOFF'S EXAMPLE BECAUSE -- AND CORRECT ME IF I'M WRONG, BUT IT LOOKS LIKE ANY PROPERTY WHERE THERE'S THE SIDE OF A HOME BORDERING A ROADWAY, THERE'S GOING TO BE A WROUGHT IRON 4 FOOT FENCE.

>> WITHIN THIS ZONE AND WITHIN THIS DEVELOPMENT.

ONE OF THE CHALLENGES AS WE'VE TALKED ABOUT ACTUALLY LAST NIGHT, WE'VE GOT DIFFERENT RULES THAT APPLY AND THIS IS A PD, AND ONE OF THE PIECES THAT MAKES THIS UNIQUE IS THAT THIS PLANNED DEVELOPMENT HAS A SPECIFIC REQUIREMENT REGARDING FENCES THAT HAS BEEN APPLIED IN THIS CASE.

THAT'S WHY WE DIDN'T GET THE CORRECT ANSWER WHEN SOMEBODY ASKED FOR A FENCE PERMIT IN THIS CASE, BECAUSE THEY DIDN'T LOOK AT THE SPECIFIC PD, AND WHAT THE REQUIREMENTS ARE OF THIS

PD. >> YEAH, I JUST DON'T BELIEVE THAT THAT'S THE RIGHT CALL SIMPLY BECAUSE I THINK WE'RE GOING TO HAVE OTHER HOMEOWNERS WHO ARE THEN GOING TO COME AND BUILD OR AT LEAST REQUEST A PERMIT TO BUILD A 6 FOOT WOODEN PRIVACY FENCE IN A SIMILAR FASHION IN EVERYWHERE WHERE THEY DON'T HAVE A PRIVATELY SCREENED BACKYARD TODAY OR SIDE YARD TODAY. AND I THINK, AGAIN, I KNOW THAT WHEN WE TALK ABOUT PRECEDENT, THIS IS NOT ESTABLISHING POLICY THAT PEOPLE CAN JUST OUTRIGHT DO THIS, BUT I THINK WE'RE GOING TO SEE AN INFLUX ONCE THIS INDIVIDUAL HOME HAS A WOODEN PRIVACY FENCE THERE. I WILL NOT BE SUPPORTING THIS ITEM OR THIS MOTION. COUNCIL, ANY OTHER DISCUSSION.

DEPUTY MAYOR PRO TEM SHINDER,

SORRY. >> NO, I BELIEVE IN INDIVIDUAL PROPERTY RIGHTS, UNLESS THERE IS SOME HARM BEING DONE TO SOMEONE ELSE AND I DON'T SEE THE HARM IN THIS CASE. I ALSO APPRECIATE DEPUTY MAYOR PRO TEM -- DEPUTY CITY MANAGER BOWERS' PRESENTATION, YES, I'M VERY SLEEPY -- BECAUSE IT SHOWED THAT THERE ARE PLENTY OF OTHER HOMES ON CASTLE THAT HAVE WOOD PRIVACY FENCES FACING CASTLE. AND YOU KNOW, MY ONLY CONCERN WITH THIS WAS WHETHER THERE WAS A SAFETY ISSUE, AND I WAS TOLD THAT THERE WASN'T, SO I JUST -- I ERR ON THE SIDE OF GIVING THE PROPERTY OWNER THE FREEDOM TO HAVE THE PRIVACY IN THEIR BACKYARD THAT THEY'RE REQUESTING, AND IF OTHERS COME, I WILL BE IN FAVOR OF THAT TOO.

>> COUNCIL MEMBER REAVES, NO, COUNCIL MEMBER BRITTON?

>> YEAH. THAT'S KIND OF WHY I SECONDED IT. I WANT TO MAKE SURE PROPERTY OWNERS HAVE THE RIGHT WITHIN REASON TO BE ABLE TO DO WHATEVER THEY WANT ON THEIR PROPERTY.

WHEN I LOOKED AT THE MAP, THAT KIND OF ASSUAGED ANY SAFETY CONCERNS. IT LOOKED LIKE THERE WAS PRETTY GOOD SEPARATION FROM THAT FENCE TO CASTLE.

NOW, IF IT WAS BUTTED UP CLOSE TO THE ROAD, OBVIOUSLY I PROBABLY HAD A DIFFERENT OPINION ON THAT, BUT MY SECOND AND SUPPORTED THIS IS BASED ON PROPERTY÷÷ RIGHTS.

>> UNDERSTOOD, COUNCIL MEMBER REAVES. COUNCIL MEMBER REAVES, ONE MORE

TIME. >> CAN I ASK A QUESTION?

>> SURE.

>> HOW MANY PLANNED DEVELOPMENT HAVE THIS CODE IN ROWLETT? I MEAN, YOU MAY NOT BE ABLE TO ANSWER THAT QUESTION.

>> I'M SORRY, IT IS ALSO A FEATURE THAT IS IN THIS ZONING AS WELL. SO URBAN VILLAGE, IT TALKS ABOUT WANTING TO HAVE VISIBILITY THROUGH THE FENCES ON THE FRONT YARD AND THE SIDE YARD, AND THEN THIS SPECIFIC REQUIREMENT FOR THE LANDSCAPING PLAN IS SPECIFIC TO THE PD.

WHICH OTHER PDS HAVE THIS REQUIREMENT, I COULDN'T TELL YOU.

>> IT'S JUST FOR AESTHETICS, THEN, IS REALLY THE

REASON. >> I WOULD IMAGINE.

>> COUNCIL, ANY OTHER QUESTIONS?

>> I RESPECT THE ARGUMENTS THAT HAVE BEEN MADE.

I TRULY DO FEEL LIKE THESE HOMEOWNERS PURCHASED A HOME IN THIS AREA KNOWING THAT THAT WAS THE SITUATION. THERE'S REALLY NO EXCUSE TO PURCHASE A HOME THAT HAS THAT REQUIREMENT VIA THE ZONING AND THEN SUBVERT THAT REQUIREMENT THROUGH A REQUEST TO THIS COUNCIL.

SO WITH THAT, IF THERE'S NO OTHER DISCUSSION, ONE MORE TIME AROUND THE HORN, LET'S CALL THE VOTE. THAT ITEM IS A 3-3 SPLIT, WHICH FAILS FOR LACK OF A MAJORITY.

AS A RESULT, MS. THOMAS, IS THERE ANY OTHER ACTION REQUIRED

[7H. Consider action to approve a resolution authorizing the purchase of playground flooring and equipment for Kids Kingdom, from WeBuildFun Inc., through a SourceWell Cooperative Contract, for a price not to exceed $2,047,499.31; authorizing the City Manager or his designee to execute all necessary documents to effectuate said purchase; and providing an effective date.]

[03:00:02]

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTUATE SAID PURCHASE AND PROVIDING AN EFFECTIVE DATE. MAKING THAT PRESENTATION IS BRITTNEY FARR.

>> GOOD EVENING AGAIN, COUNCIL. SO JUST BY WAY OF BACKGROUND A LITTLE BIT ABOUT KIDS KINGDOM, THE PARK WAS ORIGINALLY OPENED IN 1997 IN CONJUNCTION WITH PLAYGROUNDS BY LEATHERS AND A COMMUNITY INITIATIVE, BASED WITH COMMUNITY VOLUNTEERS.

APPROXIMATELY NINE YEARS LATER THAT PARK HAD TO UNDERGO SIGNIFICANT RENOVATIONS, THIS TIME DONE BY PLAY BY DESIGN IN CONJUNCTION WITH COMMUNITY VOLUNTEERS. BOTH OF THESE ORGANIZATIONS ARE OF ITHACA, NEW YORK, AND JUPITER, FLORIDA, RESPECTIVELY.

IN APRIL OF 2024, THIS COUNCIL WAS UPDATED ON THE STATUS OF KIDS KINGDOM, AND THE MUCH NEEDED REPAIRS, SPECIFICALLY WITH REGARD TO THE FLOORING WHICH WAS DETERIORATING, AS WELL AS BROKEN PLAY FEATURES THAT NEEDED TO BE FIXED. OVER THE COURSE OF -- AND THEN SHORTLY THEREAFTER IN MAY OF 2024, THE VOTERS APPROVED THE BONDING INITIATIVE FOR THAT. OVER THE COURSE OF THE SUMMER AND FALL LAST YEAR, MYSELF AND BRIAN CHAPIN IN PARKS AND REC MET WITH SEVERAL CONSULTANTS TO TALK ABOUT DESIGN MEETINGS FOR KIDS KINGDOM, AND EVENTUALLY CAME TO A CONSENSUS ON A DESIGN AND TOOK THAT TO THE PARK BOARD RECENTLY HERE IN FEBRUARY OF 2025. SO JUST BY WAY OF REMINDER WHY WE'RE TALKING ABOUT THIS, WE RECOGNIZE THE VALUE THAT KIDS COURT INSTRUCTS THE KINGDOM HAS TO THE CITY. IT'S THE FLAGSHIP PARK.

WITH A LOT OF USAGE. AT THE WET ZONE, PRESIDENTS' DAY, THERE WAS A LOT OF PEOPLE OUT THERE.

AGAIN, SOME OF THE BROKEN PLAY FEATURES, THE BROKEN ZIP LINE, THE POUR AND PLAY, WHICH WAS IN PRETTY ROUGH SHAPE. I'LL TALK ABOUT THE VENDOR SELECTION PROCESS. WE HAD A LOT OF DIFFERENT VENDORS OUT THERE TO TAKE A LOOK AT IT. WE WERE LOOKING FOR PROPOSALS THAT WOULD REFRESH AND REHABILITATE THE ORIGINAL PARK BASED ON SAFETY, ACCESSIBILITY, SUSTAINABILITY, AND THE BUDGET. WHEN WE SPOKE TO THE VENDORS, THE VAST MAJORITY OF, EVERY ONE EXCEPT ONE REFUSED TO TOUCH THE EXISTING STRUCTURE.

ONE OF THE PRIMARY REASONS FOR THAT IS THAT THE STRUCTURE IS QUITE OLD, AND FINDING THE SOURCIN MATERIALS OR SOURCING THE MATERIALS TO REPLACE IT WAS DIFFICULT.

THEY EITHER WERE EXCEPTIONALLY EXPENSIVE OR REQUIRED AN EXCEPTIONALLY LONG LEAD TIME.

THE ONE ORGANIZATION WE FOUND THAT WOULD TOUCH THE EXISTING FEATURE NEEDED A 30 WEEK LEAD TIME TO DO A ONE FOR ONE REPLACEMENT IN THE EXISTING STRUCTURE. AT THAT POINT, TO BE COST EFFECTIVE AND TO OPEN A NEW PARK SOONER RATHER THAN LATER OUR FOCUS SHIFTED TO REPLACING THE OUTDATED EQUIPMENT WITH A MODERN COMPLIANCE STRUCTURE, WHILE HONORING THE INTEGRITY OF THE KIDS KINGDOM, AND WHAT IT MEANS TO THE COMMUNITY. AFTER GOING THROUGH EVALUATIONS AND PROPOSALS, WE BUILD FUN PRESENTED AN OPTION THAT WAS INCLUSIVE, IMAGINATIVE, WHILE HONORING THE TRUE LEGACY OF KIDS KINGDOM.

WHAT I'LL SHOW YOU IS THE SAME PLAYGROUND WITH TWO DIFFERENT STYLES, AND TWO DIFFERENT FLOORING OPTIONS FOR YOUR CONSIDERATION. WHAT'S INCLUDED IN BOTH OF THE STYLES WE'RE GOING TO SHOW YOU, NEW SURFACING, TWO DIFFERENT OPTIONS A POUR IN PLACE OR A POUR IN PLACE COMBINATION. I FORGOT MY PROPS.

BEAR WITH ME.

TURF. AND POUR AND PLAY FOR THOSE OF YOU WHO DON'T KNOW WHAT POUR AND PLAY IS.

THE MAIN STRUCTURE, WHICH IS GEARED TOWARD CHILDREN AGES 5 TO 12, FEATURES FOUR LEVELS WITH CHALLENGING AREAS. IT'S INCLUSIVE AND ENGAGING, ALLOWS FOR MOBILITY DEVICES, LOTS OF SENSORY FEATURES, DIFFERENT AREAS FOR GATHERING SPACE AND MULTIGENERATIONAL PLAY. IT'S GOT IMAGINATIVE PLAY, SO ROPE BRIDGES CONNECTING THE DIFFERENT PAR PITS OF THE KINGDOM STRUCTURE. DIFFERENT HEIGHTS, AND THEN A BUNCH OF DIFFERENT SLIDES. IT'S GOT A 22 FOOT ENCLOSED SLIDE, A 20 FOOT, 12 FOOT, 10, FOOT, I'M ALSO TIRED. 12 FOOT, 10 FOOT, AND 8 FOOT SLIDE. IT HAS AN EXPANDED TO THE AREA T AREA, 1 TO 5 FEET TALL WITH TWO DIFFERENT SLIDES, ENCLOSED PLAY AREA, AND COOPERATIVE PLAY AREA.

THREE CLIMBERS, THREE NET BRIDGES, A GENERAL STOREHOUSE AND TWO TRANSFER STATIONS AND A ROPE WALL CLIMBER, FOR THE LITTLE KIDS. THE CONCEPT HAS SIX DIFFERENT FREE STANDING PLAY FEATURES, WHICH ARE INTERCHANGEABLE.

THERE ARE DIFFERENT OPTIONS AVAILABLE.

[03:05:01]

ONE DISC SWING, TWO TOT SWING BASE, AND TWO INCLUSIVE SWINGS.

THE SWING BASE ARE COVERED, SHADED, WHICH IS ONE OF THE REQUESTS WE HEARD FROM SOME OF THE PARENTS OUT THERE, THEY WOULD APPRECIATE MORE SHADE IN THAT AREA. BOTH FEATURES DO RETAIN THE SAND PIT FEATURE AND ENCLOSE IT IN ORDER TO KEEP THE SAND FROM CONTINUING TO ERODE SOME OF THE FLOORING. WE'RE ALSO RETAINING AND REPAIRING THE ZIP LINE FEATURE AS WELL AS REPAIRING AND MAINTAINING THE PAVILION. BASED ON WE BUILD FUN, WHO'S HERE TONIGHT, THEIR LOCAL REPRESENTATIVE IS ACTUALLY A RESIDENT OF ROWLETT, AND I'M TOLD THIS IS HIS FIRST COUNCIL MEETING.

IT WILL TAKE 14 TO 16 WEEKS FOR COMPLETION.

SO NOW LET'S LOOK AT THE PICTURES.

TWO DIFFERENT STYLES, AGAIN, TWO DIFFERENT PLAYGROUNDS. SO THIS IS THE FAUX WOOD. THIS IS REPLICATING WHAT IS ALREADY EXISTING AT KIDS KINGDOM. YOU CAN SEE THE PLAY FEATURES.

THIS IS THE MAIN PLAY FEATURE. YOU CAN SEE THE 22 FOOT ENCLOSED SLIDE, THE 20 FOOT ENCLOSED SLIDE.

SOME OF THE CLIMBING APPARATUSES. IT'S WORTH NOTING, A LOT OF STAND ALONE FEATURES HAVE BEEN INCORPORATED INTO THE MAIN FEATURE.

THE SPIDER CLIMBER, DIFFERENT THINGS THAT ARE STAND ALONE, HAVE BEEN INTEGRATED INTO THE FULL MAIN FEATURE. AN OVERVIEW OF THE ENTIRE AREA, SEE THE MAIN PLAY FEATURE, F1 SOME OF THE SENSORY FEATURES, THE SHADED SWING BAYS AND TOT AREA IN THE BACK.

AGAIN, JUST SOME OF THE FEATURES, THE SPIDER CLIMBER, THE WALL CLIMBER, THE PAVILION OFF TO THE SIDE.

THE INTERACTIVE FEATURES, THE ACCESSIBILITY OF THE NEW PLAYGROUND. THE NEW TOT AREA, HAS AN AREA FOR RUNNING AND PLAYING. IT'S A LITTLE BIT MORE BEEFED UP FOR THE SMALLER KIDS TO TAKE ADVANTAGE OF. AN AERIAL VIEW OF THE NEW TOT AREA, AND WE'LL TALK ABOUT SURFACING NOW.

THERE ARE TWO DIFFERENT OPTIONS FOR SURFACING.

ONE IS A POUR AND PLAY TUR CH COMBO. WE PUT THE TURF IN AREAS THAT MAKE SENSE.

IT'S AROUND THE SAND PIT, BASED ON THE FEEDBACK WE GOT FROM THE VENDOR. THE TUR CH WOULD BE A BETTER OPTION TO PREVENT SAND EROSION.

IT ALSO WOULD BE IN THE ZIP LINE FEATURE AND UNDER THE PAVILION.

WE'VE GOT THE POUR IN PLACE, UNDER MAIN STRUCTURES FOR SAFETY REASONS. IT'S ALSO WORTH NOTING.

THE POUR AND PLAYS CAN BE ANY COLOR.

WE PICKED A NATURAL COLOR BASED ON FEEDBACK WE SEE FROM THE PARK BOARD.

AGAIN, YOU CAN SEE THE TRANSITION.

THIS IS KIND OF BY THE TOT AREA. WE HAVE THE SAND PIT FACING US, THE TRANSITION FROM THE TURF TO THE UR AND PLAY. THIS IS THE ALL POUR AND PLAY OPTION. THE COLORS ARE INTERCHANGEABLE.

IT GIVES YOU AN IDEA WHAT IT LOOK LIKE. PRESSURE LAMINATE.

AGAIN, SAME PLAY FEATURE, SAME DESIGNS.

IT JUST LOOKS A LITTLE BIT DIFFERENT.

SO THIS ONE WE PICKED THE COLORS TO MATCH WHAT WILL BE GOING IN AT THE WET ZONE.

THE COLOR SCHEME WILL BE RED, WHITE AND BLUE.

THE CITY LOGO COLORS, AND WE TRIED TO INTEGRATE THOSE COLORS INTO THE EXISTING KIDS KINGDOM.

AGAIN, SAME PICTURES, JUST DIFFERENT LAYOUTS FOR YOU.

YOU CAN SEE THE POUR PLACE. THE COLORS ARE INTERCHANGEABLE.

THAT WAS THE COLOR SCHEME WE WENT WITH.

ONE OF THE THINGS THAT WE HAVE DONE WITH THE PARK IS WE HAVE SET BACK THE ENTRANCE FROM THE PARKING LOT. SOME OF THE FEEDBACK WE HEARD IS WHEN THE KIDS FIRST GET OUT AND GET RUNNING, WHEN YOU GO TO KIDS KINGDOM, THE ENTRANCE IS RIGHT THERE AT THE PARKING LOT.

AND IT CAUSED SOME SAFETY CONCERNS.

WE DID MOVE IT BACK A LITTLE BIT.

SO THE INTERACTIVE FEATURES, AGAIN, THE TOT AREA.

AND THEN THE OVERVIEW OF THE OPTION WITH THE POUR IF PLACE, AND TURF COMBINATION.

AGAIN, NOTHING CHANGES OTHER THAN THE MATERIALS THAT THE STRUCTURE IS MADE OUT OF. THE POUR AND PLACE WITH THE TURF TRANSITION. AND THEN THE ALL POUR IN PLACE.

SO WHAT ARE THE DIFFERENCES BETWEEN THE TWO? IT'S THE SAME PLAYGROUND, SAME FLOORING OPTIONS.

ACTUALLY, SAME PRICE, DEPENDING ON WHICH STYLE YOU GO WITH, WHETHER IT'S THE FAUX WOOD OR

[03:10:02]

COMING IN AT 2.04, VERSUS 2.03. I WANT TO NOTE THAT WHEN WE ORIGINALLY RECEIVED QUOTES FOR THIS, WE DIDN'T KNOW WE WOULD NEED TO INCLUDE BONDING IN THAT.

THAT WAS A LAST MINUTE ADDITION BY THE PURCHASING DEPARTMENT. THAT'S WHY THE NUMBERS ARE A LITTLE BIT OVER $2 MILLION. IT'S ABOUT $60,000 FOR THE BONDING THAT IS REQUIRED AS IT MEETS THE CAPITAL PROJECT THRESHOLD, ACCORDING TO PROCUREMENT.

IN ADDITION TO COSTS, ONE OF THE OTHER DIFFERENCES IS WARRANTY. YOU MAY HAVE NOTICED IN THE TIME LINE, EVERY NINE YEARS, KIDS KINGDOM REQUIRES SIGNIFICANT RENOVATION.

WITH THIS, 15 YEAR WARRANTY WITH THE WOOD COMPOSITE, AND HIGH PRESSURE LAMINATE WOULD HAVE A 20-YEAR WARRANTY. AS FAR AS BUDGET AND FUNDING IS CONCERNED, WE HAVE $2 MILLION IN THE BUDGET, BASED ON PREVIOUSLY IDENTIFIED SOURCES AND THE BOND FUNDING, DEPENDING ON WHICH OPENINGS WE CHOSE, IF WE DID MOVE FORWARD, WE WOULD GO A LITTLE BIT OVER BUDGET BECAUSE OF THE BONDING REQUIREMENT, ABOUT 47- 5 IF WE WERE TO GO WITH THE COMBINATION OPTION OR A LITTLE OVER 33 IF WE WENT WITH THE ONLY POUR AND PLAY OPTION.

BECAUSE WE WANTED TO GIVE OPTIONS, OUR RECOMMENDED ACTION IS TO APPROVE A RESOLUTION AUTHORIZING AT THE HIGHER AMOUNT WITH A NOT TO EXCEED, BASED ON WHAT YOUR PERSONAL PREFERENCE IS.

I'M SURE YOU HAVE QUESTIONS, PLEASE

ASK THEM. >> COUNCIL MEMBER BRITTON.

>> THANK YOU. GREAT PRESENTATION.

MY QUESTION IS YOU'RE CONSIDERING EITHER ONE OR A COMBINATION OF BOTH, EITHER THE

TURF AND THE PAD? >> YES, SIR, THE TWO OPTIONS ARE TO DO THE ENTIRE PARK AND THE POUR AND PLAY, AND A PORTION WITH THE TURF.

>> MY ONLY CONCERN WITH THE TURF, THE TURF WOULD LOOK NICE.

I'M THINKING OF ALL SORTS OF THINGS GETTING DROPPED IN IT AND MAYBE TOUGHER TO KEEP CLEAN.

I DON'T KNOW.

>> IT'S A MIXED BAG WITH WHAT OTHER PARKS ARE DOING.

ROCKWALL PUT IN ONE THAT WAS ALL TURF.

I DON'T FORESEE ANY ADDITIONAL MAINTENANCE REQUIREMENTS FROM THE TURF.

>> I JUST SEE STUFF GETTING EMBED INSTEAD THERE, GUM, YOU KNOW, WHATEVER.

SO.

>> OKAY. >> IT'S JUST MY OPINION.

>> MR. HALL.

>> I THINK IN FAIRNESS, THERE IS A SLIGHTLY BIT MORE ÚMAINTEN TURF. THEY WEAR PRETTY MUCH THE SAME IN TERMS OF LIFE SPAN. THERE'S A LITTLE BIT MORE MAINTENANCE REQUIRED FOR THE

TURF. >> DEPUTY MAYOR PRO TEM SHINDER.

>> I HAVE A FEW QUESTIONS. WHEN WE SAY WE'RE REPLACING THE PLAYGROUND ENTIRELY, ARE WE BASICALLY TEARING OUT EVERYTHING THAT'S THERE?

>> SO EVERYTHING WOULD BE TAKEN OUT WITH THE EXCEPTION OF THE ZIP LINE FEATURE, THE PAVILION AND THE SAND PIT.

>> I KNOW WE'VE GOTTEN QUITE A BIT OF INPUT ON THIS, MORE THAN I EXPECTED ACTUALLY. FROM PEOPLE WHO REALLY TREASURE THE PICKETS WITH THE NAMES ON THEM THAT, WERE SOLD, YOU KNOW, TO HELP FUND THE ORIGINAL. IS THERE ANY THOUGHT OF ANY WAY OF PRESERVING THOSE?

>> ONE OF THE THINGS WE HAVE BEEN LOOKING AT ARE DIFFERENT OPTIONS TO MEMORIALIZE THE EXISTING KIDS KINGDOM, A MEMORY WALL. WE'RE OPEN TO SUGGESTIONS. WE RECOGNIZE THE VALUE THE PARK HAS FOR THE COMMUNITY.

>> AND WHAT IS -- I ADMIT I HAVEN'T HAD SMALL CHILDREN IN A VERY LONG TIME, WHAT IS AN INCLUSIVE SWING?

>> INCLUSIVE SWING IS ADA ACCESSIBLE.

THERE'S A WIDE VARIETY OF FACTORS IN THE PLAY FEATURES, THE ACCESSIBILITY IS KEY AND ALWAYS TOP OF MIND FOR MY PARKS AND RECREATION PLAY FEATURE IN THE CITY. THERE'S EXTRA PIECES THAT ALLOW IT TO BE MORE ACCESSIBLE. IT'S NOT GOING TO BE A WHEELCHAIR SWING. AS FAR AS ACCESSIBILITY ON THE SURFACING AND TWO IN JUST THE OVERALL AESTHETICS OF HOW YOU ENTER INTO THE STRAP AND JUST ALLOWS FOR MORE SENSITIVITY, AND OVERALL INCLUSIVITY.

>> YOU DON'T HAVE A PICTURE OF ONE, RIGHT?

>> NOT IN THE DIRECT RENDERING, BUT ESSENTIALLY IT'S WITHIN THOSE SWING BAYS. IT KIND OF COVERS ALL THE BASESBASES JUST KIND OF YOUR NORMAL DEVELOPING CHILD AS WELL AS ACCESSIBILITY

LIMITATIONS. >> THE FUNDING, SO THE 2024 BOND, THE PARKS BOND, INCLUDED A MILLION DOLLARS FOR KIDS KINGDOM, WHERE DOES THE REST OF THE FUNDING COME FROM? IT CAME FROM PREVIOUSLY IDENTIFIED SOURCES FROM DIFFERENT BOND FUNDING, NOT DISSIMILAR FROM WET ZONE.

THE MONEY THAT WE ORIGINALLY BROUGHT TO THIS COUNCIL FOR APPROVAL BEFORE THE BOND WENT TO VOTERS AS THE JUST IN CASE HAS BEEN ADDED TO THE

[03:15:02]

PRODUCT. >> THIS WAS MONEY LEFT OVER FROM OTHER PROJECTS.

>> YES. >> I WANT TO MAKE SURE WE'RE CLEAR, WE BROUGHT THAT FACT BACK TO THE COUNCIL AS WELL, BASED ON THE SCOPE OF THIS PROJECT, WE WOULD NEED TO TAKE THOSE MONEYS AND ADD THEM TO THE BOND MONEY.

>> OKAY. I THINK THAT'S

IT. >> I'M GOING TO PASS MY PHONE DOWN. THIS IS WHAT AN INCLUSIVE SWING LOOKS LIKE.

BECAUSE I HAVE SEEN THEM AT OTHER PLAY FACILITIES BEFORE.

WHILE WE'RE AT THAT, COUNCIL MEMBER REAVES HAS A QUESTION.

>> THANK YOU, YOU ASKED THE SAME QUESTIONS I WAS GOING TO ASK. I HAVE A COMMENT ON THE TURF.

TURF GETS HOT. SO THAT'S -- AND IT GETS REALLY HOT IF IT'S NOT IN SHADE.

I'VE BURNED MY FEET ON THAT BEFORE.

THAT'S ONE PAUSE ON THAT. OTHER THAN THAT, I HAVE NO ISSUES WITH THAT.

>> MR. HALL.

>> SO LET ME ADDRESS WHY WE HAVE TURF AS AN OPTION.

NUMBER ONE BECAUSE OUR JOB IS TO GIVE YOU OPTIONS BUT TWO, AS BRITTNEY REFERENCED THERE HAS BEEN SOME CONVERSATION ABOUT THE SAND WIT. I DON'T WANT TO MAKE IT SEEM LIKE IF YOU CHOOSE TO GO WITH POUR IN PLACE, THE WORLD IS GOING TO COME TO AN END WITH THE SAND PIT. WE WANTED TO MAKE SURE WE PROVIDED AN OPTION. YOU CAN SELECT ENTIRE PARK AND POUR IN PLACE.

>> PROBABLY ASK CITY ATTORNEY OR YOU THE QUESTION BEFORE I GO ON.

THIS WAS PRESENTED TO THE PARK ADVISORY BOARD LAST WEEK.

AM I ABLE TO RECAP?

>> I WAS HOPING YOU WOULD RECAP.

>> I WANT TO MAKE SURE I WAS ON SOLID GROUND THERE.

SO YEAH, THIS WAS BROUGHT BEFORE THE PARK'S ADVISORY BOARD, EXTREMELY WELL RECEIVED, THEY ASKED SIMILAR QUESTIONS, PARTICULARLY ABOUT TURF VERSUS PROBABLY ONE OF THE BIGGEST THINGS. ONE OF THE THINGS IT TOOK AWAY, THOUGH, IF THERE WAS ONE THING THEY WERE ADAMANT ABOUT, I WOULD SAY, WAS THE -- THEY LIKED THE WOOD NATURAL FEATURE.

THEY THOUGHT THAT IT HARKENED BACK TO THE ORIGINAL STRUCTURE.

THEY WERE PRETTY PASSIONATE, I MIGHT SAY, THEY WANTED TO HAVE THE LEGACY THE ORIGINAL KING'S KINGDOM, AND THEY FELT THAT WITHIN THAT SOMEWHAT WOODED SETTING, THAT IT MADE A LOT MORE SENSE, IT FIT THE SPACE BETTER, AND THERE WAS A PRETTY GOOD DISCUSSION THAT YOU SAW THE ORIGINAL ONE WAS GOING TO SOMEWHAT TIE INTO THE GRAPHICS OF THE WET ZONE. AND THAT WAS NOT REALLY SOMETHING THAT WAS FELT LIKE THAT WAS DESIRABLE, THAT THERE WAS SORT OF THE OPINION THAT THEY WOULD PREFER, YOU KNOW, TO HAVE TWO DIFFERENT LOOKS AND TWO DIFFERENT, JUST BY WAY OF RECAP: I THINK THAT'S ACCURATE, IF THERE'S ANYTHING YOU WANT TO ADD TO THAT.

I WANTED TO THROW THAT OUT THERE TO LET YOU KNOW DIRECTIONALLY WHERE THE PARKS BOARD HAD COME IN ON THIS.

>> THAT'S GREAT. WE DIDN'T TAKE A FORMAL VOTE.

WE ASKED FOR THEIR OPINION, AND WE HAD SOME THAT WERE IN FAVOR OF THE COLOR DESIGN BUT WE DID GET SOME PASSIONATE RESPONSES WITH REGARD TO THE INTEGRATING THE FAUX WOOD DESIGN.

>> COUNCIL MEMBER BOWERS.

>> THANK YOU. I WILL NOT BE VOTING FOR THIS.

I'M VERY DISAPPOINTED THAT THE PROPOSAL IS TO TAKE THE ENTIRE COMPOSITE PLAY FEATURE DOWN. THERE WERE A LOT OF US THAT SPENT A LOT OF TIME AND A LOT OF EFFORT TO CREATE THIS SPACE. WE WENT TO SCHOOLS AND GOT IDEAS. AND I REALLY FEEL LIKE THIS WAS TRULY A LEGACY PROJECT. THERE ARE KIDS OUT THERE WHO HAD THEIR PICTURE TAKEN WITH THE PICKET THAT WHEN IT FIRST WENT IN AND NOW TEN YEARS LATER THEY'RE HAVING THAT I SHALL PICTURE MADE NEXT TO THAT PICKET. I WILL NOT BE IN FAVOR OF TEARING DOWN THE ORIGINAL CASTLE FEATURE.

OF COURSE IF WE NEED TO, OBVIOUSLY WE NEED TO CHANGE THE PORT AND PLAY AND UPDATE THE PLAY FEATURES, THE STAND ALONE PLAY FEATURES.

[03:20:03]

>> MR. HALL.

>> I WOULD LIKE TO ADDRESS THAT FOR THE RECORD.

WE BRING OPTIONS TO THIS BODY. WE DON'T MAKE DECISIONS.

AND YOU HAVE AN OPTION I'LL SAY IT PUBLICLY, YOU COULD DIRECT US.

WE GAVE YOU THE INFORMATION. WE SENT SOME OUT TODAY AND WE'LL GIVE YOU AS MUCH AS YOU WANT AS WE CAN GET. WE HAD ONE VENDOR THAT WAS WILLING TO WORK ON THIS.

WE APPROACHED THE PROJECT WITH THE IDEA OF REHABILITATING IT. NO ONE APPROACHED IT WITH THE IDEA OF DEMOLISHING IT, QUITE FRANKLY, IT ADDS MORE WORK. AND BRITTNEY, YOU PROBABLY SHOULD HAVE SPOKEN TO IT MORE.

I THINK IT'S IMPORTANT TO UNDERSTAND HOW WE GOT HERE.

BRIAN AND STAFF REACHED OUT TO VENDORS.

YOU SAW WE DIDN'T HAVE MUCH LUCK WITH GETTING PEOPLE WHO WERE WILLING TO DO THIS.

AND PART OF IT IS BECAUSE IT ISN'T UNIQUE TO ROWLETT, HOW THESE TYPE OF COMMUNITY PROJECTS ARE DONE THAT THEY BECOME KIND OF THESE AMAL GUMS OF DIFFERENT MANUFACTURED PARKS AND OTHER THINGS WHICH IS GREAT WHEN IT STARTS. THE PROBLEM BECOMES MAINTAINING IT LONG- TERM, WHICH IS PROBABLY WHY YOU HAVE HAD MULTIPLE REFRESHES. CORRECT ME IF I'M WRONG BECAUSE I WASN'T DIRECTLY INVOLVED.

BUT WE HAD TROUBLE FINDING PEOPLE WHO WOULD WORK ON IT. WE HAD PROBLEMS SOURCING PARTS, AND, AGAIN, THE ONE VENDOR QUOTED US OVER A MILLION DOLLARS TO REPAIR IT. BUT LET ME SAY THIS, OUR JOB ISIS BRING YOU THE BEST BUSINESS DECISION WE THINK. YOUR JOB IS TO DECIDE IF THAT'S WHAT YOU WANT TO DO, AND I HAVE SAID THIS COUNTLESS TIME, AGAIN COUNTLESS TIMES. WE

[03:39:54]

[03:39:57]

[03:40:04]

>> NO QUESTIONS. JUST COMMENTS. FIRST, THANK YOU

[03:40:08]

I NEVER REALLY WENT THERE IN MY MIND.

TO BE CLEAR IT'S ONE AND A HALF MILLION DOLLARS TO REPAIR CURRENT, AND THEN THREE TO FIVE YEARS WE WILL SPEND MORE MONEY TO REPAIR IT VERSUS $2 MILLION FOR A 15-YEAR WARRANTY BRAND-

NEW. >> 1.5, 1.05.

>> 1.05, SO IT'S DOUBLE THE PRICE, THANK YOU.

>> THAT PRICE WAS WITHOUT SOME OF THE CONSTRUCTION COMPARABLE THAT'S REQUIRED IF YOU GO THAT ROUTE.

>> BASICALLY IT'S A DOUBLE, BUT WE GET A 15 YEAR WARRANTY VERSUS THREE TO FIVE YEAR EXTENDED LIFE, MAYBE ANOTHER WHATEVER, WE DON'T KNOW WHAT THAT'S GOING TO COST.

WE CAN AFFORD THIS. WE HAVE BOND MONEY, PLUS THINGS TO CITY MANAGER HALL WE HAVE SURPLUSES IN THE CITY TO BE ABLE TO AFFORD THIS. TO ME I JUST FEEL LIKE IT'S THE RIGHT DECISION TO MOVE FORWARD WITH THE WHOLE THING AND GET IT DONE RIGHT AS OPPOSED TO PIECEMEAL AN-- DEGRADING OVERTIME. AND I WOULD LIKE TO RETRACT MY COMMENT ABOUT THE TURF BEING HOT.

THAT WAS WITH MY SHOES OFF, AND I REALIZED PEOPLE WILL NOT BE TAKING THEIR SHOES OFF AT THE PARK.

SO, IT PROBABLY WON'T MATTER. >> MAYOR PRO TEM?

>> YES, I WANT TO SAY, AND I JUST HAVE COMMENTS, NO MORE QUESTIONS, I KNOW YOU WANT TO SIT DOWN AND YOU ARE TIED.

WE ARE ALL TIRED. I JUST WANT TO SAY I AM REALLY TORN ABOUT THIS, BECAUSE I TOTALLY UNDERSTAND THE HISTORICAL VALUE AND THE SENTIMENTAL VALUE, AND ALL THE WORK THAT WENT INTO THIS BY SO MANY PEOPLE, AND NOT JUST WORK, BUT LOVE THAT WENT INTO IT, AND I THINK IT MATTERS. I THINK THAT AS SOMEONE SAID I THINK IT WAS COUNCILMEMBER BRITTON WE HAVE TO TO MAKE GOOD USE OF TAXPAYER MONEY AND MAKE GOOD DECISIONS. AND AS COUNCILMEMBER SHUPE SAID IT JUST MAKES SENSE TO GET THE NEW SHINY NEW WARRANTEE PLAYGROUND WITH RATHER THAN TRYING TO KEEP REPAIRING, REPAIRING THE OLD ONE, ESPECIALLY AND THE TIMING FACTOR IS A VERY IMPORTANT THING TO ME IS THAT WE COULD GET IT UP AND RUNNING IN ABOUT HALF THE TIME. I THINK WE, YEAH, WE GOT A LOT OF EMAIL ABOUT PRESERVING WHAT WE CAN OF HIS AND EVERYTHING, BUT WE GOT A LOT OF EMAIL ABOUT WANTING IT TO BE OPEN THIS SUMMER. AND WE CAN'T DO BOTH, SO WHICH ONE DO WE DO? TO ME IT MAKES SENSE TO GO WITH THE NEW BEAUTIFUL, I MEAN, IT'S AN IMPRESSIVE PROJECT. IT MAKES ME WANT TO BE A KID AGAIN. I DO WANT TO STRESS THAT I REALLY REALLY WOULD INSIST THAT WE FIND A WAY TO PRESERVE THOSE PICKETS, SO IN A WAY, THAT PEOPLE CAN COME BACK AND FIND THAT NAME AND TAKE THOSE PICTURES WITH THEM. NOW I DON'T KNOW EXACTLY WHAT THAT LOOKS LIKE, BUT I THINK THAT IS IMPORTANT. AND ALSO, I AGREE WITH THE PARKS BOARD, THAT THE WOOD LOOK I THINK IS MUCH BETTER THAN THE ONE THAT LOOKS MORE LIKE THE WET ZONE AREA.

I THINK THE TWO DISTINCTIVE LOOKS MAKE MORE SENSE TO ME, AND IT LOOKS MORE LIKE THE ORIGINAL.

SO I WILL BE IN FAVOR OF REPLACING THE ENTIRE THING.

>> AND JUST A QUICK QUESTION FOR STAFF.

THERE IS THE DECISION OF THE WOOD VERSUS THE LAMINATE, WHICH IS RED, WHITE, AND BLUE PANELS AND SUCH, VERSUS MORE TRADITIONAL COMPOSITE WOOD. BUT THERE'S ALSO THE QUESTION OF THE SURFACE OF TURF AND ALL THROUGHOUT.

I THINK WE NEED PROBABLY SOME FEEDBACK ON THAT AND WHOEVER DECIDES TO MAKE A MOTION MAKE THAT RECOMMENDATION OF WHAT THAT WOULD LOOK LIKE, OR WE COULD DISCUSS IT FIRST RATHER THAN GOING THROUGH THE PROCESS OF EMOTION AND HAVING AN AMENDED MOTION WHILE WE SETTLE UP ON THAT DECISION.

SO, TO MAKE DECISIONS TO MAKE. THE FIRST IS THE TYPE OF MATERIAL FOR THE STRUCTURE ITSELF, SO EITHER THE WOOD

[03:45:04]

CAN YOU HIT YOUR RTS BUTTON? THERE WE GO.

>> ALL RIGHT, SO I WILL MAKE THE MOTION FIRST THAT WE ACCEPT THE PARK STRUCTURE, THE WOOD STRUCTURE AS HAS BEEN AMENDED HERE. ÚTHE FLOORING WILL BE A COMBINATION OF BOTH THE POUR AND PLAY AND ARTIFICIAL TURF.

>> ALL RIGHT, WE HAVE A MOTION FROM COUNCILMEMBER SCHUPP , AND I SEE A SECOND FROM MAYOR PRO TEM SHINDER.

DID YOU NEED A SPEAKER? >> I SECOND.

>> WE HAVE A MOTION AND A SECOND, AND THAT MOTION IS TO APPROVE THE ITEM AS PRESENTED WITH THE WOOD COMBINATION, AND THE COMBO FLOORING. I SAY FLOORING, THAT'S THE WRONG WORD, BUT YOU KNOW WHAT I MEAN. OKAY.

WE HAVE A MOTION, AND A SECOND. DISCUSSION? OKAY. I WILL SAY I AM IN FAVOR OF THIS, AND I APPRECIATE THE PARK 'S BOARD PERSPECTIVE.

I ABSOLUTELY APPRECIATE THAT. THE FINANCE GUY IN ME SAYS THE AMORTIZATION OF A 15 YEAR VERSUS A 20 YEAR PRODUCT, THE 66,000 A YEAR VERSUS 50,000 A YEAR FOR $1 MILLION, AND THIS IS LIKE 1.01-- 1.MILLION DOLLARS ROUGHLY FOR THE PLAY STRUCTURE ITSELF. I DON'T KNOW THAT IS WORTH QUIBBLING OVER SIMPLY BECAUSE I THINK WE ARE GETTING A PRODUCT WE WANT, AND WE ARE WILLING TO PAY FOR THAT.

BUT, I WANT TO THROW IT OUT THERE AS A MAYBE, MAYBE A POINT OF DISPUTE QUICK STAFF QUESTION.

IS THE TURF ANY LESS ACCESSIBLE FRIENDLY THAN THE POUR IN

PLACE? >> WE ASKED, AND THEY HAVE THE SAME LEVELS OF ACCESSIBILITY, IT IS THE DESIGN IS OKAY TO BE

MORE ACCESSIBLE. >> LET'S KEEP OUR SHOES ON.

OKAY. I ECHO A LOT OF THE SENTIMENT AROUND THE DAIS. I THINK THIS IS A HUGE STEP IN MOVING THE CITY FORWARD. I UNDERSTAND THE ATTACHMENT.

KIDS KINGDOM IS ICONIC, AND IF YOU GOOGLE IT YOU WILL DO CA ROBOT PHOTO OF THE STRUCTURE. THAT'S WHAT IT REPRESENTS, BUT IT IS NO LONGER TENABLE, AND THAT'S WHAT IT COMES DOWN TO.

SOMEBODY SAID WE CAN'T THROW GOOD MANY-- MONEY AFTER BAD.

WE ARE MAINTAINING THE STRUCTURE AS IT NO LONGER A FEASIBLE OPTION. AND SO, THIS IS THE BEST PATH FORWARD, AND I DEFINITELY WILL BE IN SUPPORT OF THIS ITEM.

ANY OTHER DISCUSSION? LET'S CALL THE VOTE.

AND THAT ITEM CARRIES BY A MEMBER-- VOTE 5-1. ALL RIGHT.

[MEMBERS OF THE CITY COUNCIL MAY REQUEST TOPICS TO BE PLACED ON AN AGENDA FOR A SUBSEQUENT MEETING. ANY DELIBERATION OR DECISION SHALL BE LIMITED TO A PROPOSAL TO PLACE TOPIC ON THE AGENDA FOR A SUBSEQUENT MEETING.]

MEMBERS OF CITY COUNCIL MAY REQUEST TOPICS TO BE PLACED ON THE AGENDA FOR A SUBSEQUENT MEETING.

ANY LIMITED PLACE A TOPIC ON THE SUBSEQUENT MEETING.

COUNSEL, DEPUTY MAYOR PRO TEM SHINDER?

>> I WOULD LIKE A SUBSEQUENT MEETING TO GET AN UPDATE ON THE

STATUS OF ZEPHYR BAY. >> ALL RIGHT.

MR. HALL? >>

>> COUNCILMEMBER BRITTON CAN EXPECT I CONCUR.

>> MR. HALL? >> DO YOU HAVE A TIME PERIOD IN MIND? WE CAN'T COMPEL THE DEVELOPER, BUT WE WILL DO OUR MOST TO DO SO WHEN-- BACK I JUST WANT SOME INFORMATION, AND THE NEXT AVAILABLE AGENDA THAT'S NOT

THIS LONG. >> MR. HALL?

>> WE CAN GIVE YOU A STAFF UPDATE NOW, AND IT WON'T CHANGE, WE DON'T KNOW ANYTHING, AD I'M SAYING THAT, I'M NOT BEING FLIPPANT AT ALL, BECAUSE AS EVERYONE KNOWS IT'S NOT A PUBLIC-PRIVATE PARTNERSHIP. IT'S NOT A CITY CONTROLLED VELTMAN. WE'VE REACHED OUT, WE'VE TRIED TO HAVE CONVERSATIONS. AND, IT'S BEEN A VERY LONG TIME SINCE WE HAVE. SO IF YOU ARE TELLING ME I DATE I WOULD GLADLY SHOW THAT WITH THE DEVELOPER.

FOR THEM TO-- >> SECOND MEETING, SECOND MEETING IN MARCH. IF THAT WORKS.

[03:50:04]

>> ALL RIGHT, COUNSEL. ANY OTHER FUTURE AGENDA TOPICS?

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

>> ALL RIGHT, COUNSEL CONCLUDED OUR EXECUTIVE SESSION AT 1:17 A.M. WE ARE RECONVENING INTO OUR OPEN SESSION AT 1:20 A.M. , AND COUNSEL, I WILL ENTERTAIN A MOTION. WE MOTION FROM COUNCILMEMBER SCHUPP, IF YOU COULD HIT YOUR RTS BUTTON.

>> I WOULD LIKE TO MAKE A MOTION TO DIRECT CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CITY MANAGER'S EMPLOYMENT AGREEMENT AND AUTHORIZED MAYOR PRO TEM TO EXECUTE THE AGREEMENT THE FOLLOWING AMENDMENTS.

4% PERFORMANCE BASED INCREASE IN COMPENSATION, AND THE PROVISION THAT IF CITY MANAGER'S EMPLOYMENT IS TERMINATED BY A VOTE OF LESS THAN THREE QUARTER MAJORITY OF THE FULL COUNSEL HE WILL RECEIVE AN ADDITIONAL AMOUNT OF COMPENSATIONS TWO TIMES THE AMOUNT OF THE STANDARD

SEVERANCE. >> I HAVE A MOTION FROM COUNCILMEMBER TRIAL-- SCHUPP. I HAVE A SECOND FROM MEMBER REAVES. COUNSEL, ANY DISCUSSION ON THIS

ITEM? >> THE CITY COUNCIL DID PREPARE A STATEMENT WHICH I WILL READ BEFORE WE TAKE THE VOTE.

FOLLOWING THE MEETING OF THE CITY COUNCIL WITH DAVID HALL THE COUNCIL HAS DRAFTED THE FOLLOWING STATEMENT IN SUPPORT OF MR. HALL. AVETT HALL WAS HIRED OVER 600 DAYS AGO AND HAS HAD A MONUMENTAL IMPACT ACROSS THE CITY. THE CITY WAS FACING A FINANCIAL SHORTFALL, AND TODAY WE ARE LOOKING AT A SURF PLUS-- SURPLUS. WHEN DAVID ARRIVED THE CITY WAS BEHIND IN CAPITAL MAINTENANCE PROJECTS INCLUDING ROADS AND CRITICAL INFRASTRUCTURE, AND TODAY WE HAVE A SPECIFIC LAND FOR REPAIRS AND ONGOING MAINTENANCE.

AS DAVID ARRIVED WE HAD COMMUNITY AMENITIES THAT WERE LITERALLY FALLING APART. AND TODAY WE HAVE APPROVED FUNDING TO REBUILD KIT'S KINGDOM, AND ARE ON OUR WAY TO IMPROVING OUR PARKS, THE WET ZONE, AND HAVE A DRAMATICALLY IMPROVED GOLF COURSE. THESE ARE SOME OF THE MANY EFFECTS OF DAVID'S ARRIVAL TO ROWLETT.

THIS COUNSEL AND RESIDENTS OF THE COMMUNITY IN GRATITUDE FOR HIS EFFORTS AND LIKEWISE WE SUPPORT DAVID, AND WE THANK HIM PUBLICLY FOR THE WORK HE HAS DONE AND WILL CONTINUE TO DO IN THE CITY OF ROWLETT. COUNSEL, ANY OTHER DISCUSSION? IT'S CALLED THE VOTE, PLEASE.

* This transcript was compiled from uncorrected Closed Captioning.