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

4E. UPDATE FROM THE CITY COUNCIL AND MANAGEMENT: FINANCIAL POSITION, MAJOR PROJECTS, OPERATIONAL ISSUES, UPCOMING DATES OF INTEREST AND ITEMS OF COMMUNITY INTEREST.

MAKING THIS PRESENTATION IS COUNCIL MEMBER BRITTON.

>> FROM THE CITY SECRETARY'S OFFICE ARE YOU READY FOR THE MAY 3RD GENERAL AND SPECIAL ELECTIONS? I THINK THERE ARE

[00:45:03]

THREE UP HERE IN A COUPLE IN THE AUDIENCE THAT WILL BE GLAD WHEN IT'S OVER. EARLY VOTING BEGINS ON TUESDAY, APRIL 22ND AND RUNS THROUGH THE 29TH. ELECTION DAY IS SATURDAY, MAY 3RD. FROM OUR ECONOMIC AND COMMUNITY ENGAGEMENT, CELEBRATE OUR PLANET AT THE EARTH DAY CELEBRATION ON SATURDAY, APRIL 19TH, 11:00 A.M.

UNTIL 2:00 P.M. DUE TO THE EXPECT IT INCLEMENT WEATHER, THE EVENT HAS BEEN MOVED TO THE RCC. ALSO BE PART OF ROWLETT'S FUTURE AT THE MUNICIPAL COMPLEX GROUNDBREAKING ON SATURDAY, APRIL 26TH FROM 11:00 A.M. UNTIL 1:00 P.M. . JOIN US FOR FAMILY-FRIENDLY ACTIVITIES AND GIVEAWAYS BEFORE THE CEREMONY BEGINS AT 12:00 P.M. DO NOT MISS THIS EXCITING MILESTONE FOR A COMMUNITY. THE NEXT CULTURAL SERIES EVENT IS ON FRIDAY , MAY 2ND FROM THE DOWNTOWN GREEN AS ROWLETT , JOIN US FOR THE FIRST EVER CINCO DE MAYO FIESTA ON THE GREEN. WITH THE FLAVORS AND THE MUSIC IS ELECTRIFYING , INDULGE IN DELICIOUS AUTHENTIC CUISINE FROM LOCAL VENDORS AND DANCE THE NIGHT AWAY TO THE HIGH-ENERGY CONCERT . DO NOT MISS THE UNFORGETTABLE CELEBRATION OF FUTURE , FOOD, AND MUSIC. THE NEXT SENIOR SEMINAR WILL TAKE PLACE ON FRIDAY, APRIL 18TH, 11:00 A.M. AT THE RCC. THE GUEST SPEAKER IS FROM OXFORD GLEN MEMORY CARE AND SHE WILL SHARE INSIGHTS ON TODAY'S OPTIONS FOR SENIORS AND FAMILIES. FROM OUR LIBRARY CELEBRATE 75 YEARS OF THE FRIENDS OF THE ROWLETT PUBLIC LIBRARY AT A SPECIAL AFTER HOURS EVENT ON SATURDAY, MAY 3RD, FROM 6 PM UNTIL 8 PM. IT BLENDS ART, TECHNOLOGY, AND COMMUNITY SPIRIT AS WE HONOR DEDICATED TRENDS . FEEL FREE TO EMBRACE THE SPIRIT OF THE MET GALA AND WHERE YOUR FINEST ATTIRE AND ALL ARE WELCOME TO JOIN IN THE SPECIAL CELEBRATION.

ALSO FROM THE LIBRARY JOB INTERVIEWS CAN BE THE MOST INTIMIDATING EXPERIENCE ON THE PLANET. LET THE LIBRARY HELP YOU WITH THIS PROCESS AT THEIR JOB START PROGRAM. LEARN INTERVIEW PREP SKILLS ON APRIL 19TH AT 10:00 A.M. YOU CAN ALSO DROP OFF -- YOU CAN DROP YOUR E-BOOK SUBSCRIPTION AND READ FROM THEIR COLLECTION OF E-BOOKS . WHEN YOU'RE AT THE LIBRARY BE SURE TO VISIT THE WONDERFUL ARTWORK ON DISPLAY FROM THE YOUNG ARTIST EXHIBIT SPONSORED BY THE ARTS AND HUMANITIES COMMISSION. FROM THE POLICE DEPARTMENT , JOIN US FOR COFFEE WITH A COP AND MCDONALD'S LOCATED AT LAKEVIE PARKWAY ON APRIL 23RD, 2025, FROM 8:00 A.M. UNTIL 9:00 A.M. IT'S A FANTASTIC OPPORTUNITY TO CONNECT WITH LOCAL LAW ENFORCEMENT AND SHARE YOUR THOUGHTS, CONCERNS, AND IDEAS. YOUR VOICE MATTERS, AND TOGETHER WE CAN MAKE OUR COMMUNITY SAFER AND STRONGER. WE LOOK FORWARD TO SEEING YOU THERE. ALSO FROM THE POLICE, UNUSED PRESCRIPTION DRUGS FIND THEIR WAY TO THE WRONG HANDS. IS DANGEROUS AND OFTEN TRAGIC. THE DEA AND ROWLETT POLICE DEPARTMENT ARE ASKING CITIZENS TO CLEAN OUT THEIR MEDICINE CABINETS AND TURN IN SAFELY AND ANONYMOUSLY PRESCRIPTION DRUGS. A POLICE OFFICER AND MEMBERS WILL BE AT THE FIRE STATION NUMBER ONE ON 3900 MILLER ROAD ON SATURDAY, APRIL 26, FROM 10:00 A.M. UNTIL 2:00 P.M. TO ASSIST ANY CITIZEN AS THEY MAKE A DIFFERENCE IN OUR COMMUNITY AND OUR ENVIRONMENT. WE WILL BE ON-SITE TO SAFELY DISPOSE OF THOSE UNUSED MEDICATIONS. THERE IS NO SHARP ITEMS THAT CAN BE TURNED IN. NEEDLES , EPIPENS, ET CETERA THAT WILL BE ACCEPTED AT THIS EVENT. FINALLY, THE COURT WILL BE CLOSED FROM 11:30 A.M. TO 12:30 P.M. AND THAT IS IT. THANK

YOU. >> I BELIEVE WE HAVE AN UPDATE

FROM COUNCIL MEMBER REAVES. >> GOOD TO SEE EACH OF YOU. I HAVE THE DISTINCT PLEASURE OF BEING THE COUNCIL LIAISON TO THE ANIMAL SHELTER ADVISORY BOARD AND THAT'S WHY I COME TO THE MEETING. ALL OF THEM ARE IMPORTANT. WE NEED TO FIND HOMES FOR EVERYBODY AND THE ANIMAL SHELTER STAFF ARE UNSUNG HEROES BECAUSE WE ARE ALMOST ALWAYS OCCURS BREAD SO THEY ARE VERY BUSY. THIS WEEK IS THE FIRST TIME THAT IT'S POIGNANT BECAUSE THEY SAID THIS ONE IS PRETTY DEPRESSED. IF YOU HAVE ANY LOVE FOR DOGS OR HEARTBROKEN THINGS OR IF YOU KNOW SOMEONE WHO DOES, KEEP IN MIND AS I READ THIS. JAY HAS BEEN WAITING AT THE SHELTER FOR FAR TOO LONG. THIS SUITE 1 TO 2-YEAR-OLD WEIGHING ABOUT 35

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POUNDS HAS SEEN MANY FACES COME IN. SHE IS A CALM PUPPY WHO SETTLES PERFECTLY IN HER CRATE LONGING FOR PLACE TO CALL HOME.

AS THE DAYS PASS THE WEIGHT OF THE SHELTER LIFE IS TAKING A TOUR ON HER SPIRIT. IF YOU CAN OPEN YOUR HEART AND GIVE HER THE LOVING ENVIRONMENT SHE DESERVES , PLEASE REACH OUT. SHE NEEDS US NOW MORE THAN EVER. TO MEET JAY OR ONE OF YOUR BUDDIES, CONTACT ANIMAL SERVICES . OR COME BY THE SHELTER AND MEET HER IN PERSON AT 4402 INDUSTRIAL STREET FROM 10:00 A.M. UNTIL 5:00 P.M.

TUESDAY THROUGH SATURDAY. THE ANIMAL SHELTER IS CURRENTLY CODE RED AND THAT MEANS THEY ARE TOTALLY FULL. ADOPTIONS ARE $25 AND THAT INCLUDES A SPAY NEUTER AND MICROCHIP AN UP-TO-DATE

VACCINATIONS. THANK YOU. >> THANK YOU, COUNCIL MEMBER REAVES. I WANT TO THANK OUR STAFF AGAIN BECAUSE EARLIER TODAY WE HAD ANIMAL CONTROL OFFICERS RESCUING A POTBELLY PIG OF SOMEBODY SWIMMING POOL. CHECK OUT THEIR FACEBOOK PAGE AND YOU CAN SEE PHOTOGRAPHS OF THAT RESCUE HAPPENING. THAT IS A FUN STORY. WITH THAT WE WILL MOVE ON -- ANY OTHER UPDATES? SEEING

[5. CITIZENS’ INPUT]

NONE WE WILL MOVE AT THIS TIME, COMMENTS WILL BE TO CITIZENS TAKEN FROM THE AUDIENCE ON ANY INPUT.TOPIC. NO ACTION CAN BE TAKEN BY THE COUNCIL DURING CITIZENS' INPUT. I DO HAVE SOME SPEAKER CARDS HERE AS WELL. WE WILL START AT THE TOP WITH CECILIA. YOU CAN COME UP IN STATE YOUR NAME AND YOU WILL HAVE THREE MINUTES. AFTER CECILIA WILL BE STEPHEN.

>> I AM HERE FOR THAT SITUATION. I'M A TAXPAYER AND PARENT OF A CHILD. I WAS PRESENT AT THE PRESENTATION OF THE ORGANIZATION CALLED I BELONG BEFORE THE ARTS AND HUMANITIES COMMISSION AND ALTHOUGH NOT PRESENT HERE TODAY, I CONVEYED TO OTHER PARENTS THEIR PROGRAM OFFERINGS AND THEY ARE IN SUPPORT. WE ARE ASKING THE CITY TO STAND UP FOR THE MOST VULNERABLE CITIZENS AND FINANCIALLY SUPPORT THE ADOPTIVE PROGRAMS. MANY OF THESE CHILDREN CANNOT BE TRANSPORTED TO OTHER TOWNS TO RECEIVE THE BENEFITS.

MANY CANNOT OBTAIN THE PROGRAMS THAT YOU'RE HOLDING RIGHT NOW IN THE CITY BECAUSE OF SPECIAL SITUATIONS. I ALSO BROUGHT THE PARKS AND REC AND KEEP ROWLETT BEAUTIFUL TO OPEN A COMMUNITY GARDEN THAT I WILL PERSONALLY COMMIT TO LEAD AND MANAGE TO BRING TOGETHER NEURODIVERSE CHILDREN TO LEARN SKILLS IN GARDENING, NUTRITION, LEADERSHIP, CITIZEN PARTICIPATION, TIME MANAGEMENT, ORGANIZATIONAL SKILLS AND MANY OTHER TRANSFERABLE SKILLS SO THEY CAN BE CAREER-ORIENTED.

THEY WILL GET A SENSE OF OWNERSHIP AND LEARN FROM ONE ANOTHER. I ALREADY INVESTED MANY HOURS INTO COUNSELING AND RESEARCH AND I WILL HAVE A FULLY DETAILED PROGRAM TO SHARE WITH COUNCIL BY THE END OF APRIL. I'M ASKING FOR COUNCIL TO PROMISE THESE PROPOSALS WILL GET FULL SUPPORT FINANCIAL AND ORGANIZATIONAL TO GET ALL OF THESE PROGRAMS RUNNING. I ALSO PROPOSE THE USE OF THE LIBRARY SITE TO HAVE A RESOURCE CENTER FOR PARENTS FOR CHILDREN WITH DISABILITIES. THE CITY NEEDS TO BE AWARE THAT PARENTS NEEDED A LOT OF SUPPORT THAT THEY DO NOT RECEIVE, AND WE NEED TO START WITH EDUCATION. WE WILL BE GLAD TO SHOW UP IN ROWLETT . I SPOKE TO THEIR DIRECTOR AND THEY WILL BRING ALL THE NEEDED RESOURCES AND TRAINING. YOU JUST NEED TO TELL THEM WHEN AND WHERE. IF I MAY, I WANT TO DISTRIBUTE THESE PAMPHLETS. THANK YOU FOR YOUR TIME.

>> OUR NEXT SPEAKER IS STEPHEN MALDONADO. AFTER HIM WILL BE

CURTIS SMITH. >> GOOD AFTERNOON, COUNCIL MEMBERS. IN RECOGNITION OF AUTISM ACCEPTANCE MONTH I'M HERE WITH A SIMPLE AND POWERFUL PROPOSAL TO MAKE ROWLETT A LEADER IN COMMUNITY ENGAGEMENT FOR CITIZENS WITH SPECIAL NEEDS.

ACCORDING TO THE CDC ONE AND 36 CHILDREN ARE DIAGNOSED WITH AUTISM. NEARLY A QUARTER OF THE POPULATION IS UNDER 18. THAT MEANS A SIGNIFICANT NUMBER OF FAMILIES ARE NAVIGATING THE WORLD NOT BUILT WITH THEIR NEEDS IN MIND. AS A PARENT OF A CHILD ON THE SPECTRUM, AND A ROWLETT TAXPAYER, I SPEAK FOR MANY FAMILIES WHO WANT TO SEE THEIR TAX DOLLARS SUPPORTED INCLUSIVE ADAPTIVE PROGRAMS. SPACES WERE CHILDREN CAN GROW , BUILD

[00:55:02]

FRIENDSHIPS, AND FEEL LIKE THEY BELONG. TO THAT END I HAVE BEEN WORKING ON A COLLABORATION WITH I BELONG.ORG A NON-FOR PROFIT THAT HAS SUCCESSFULLY RUN INCLUSIVE EVENTS IN NORTHWEST DALLAS. THE PAST TUESDAY I SPONSORED PRESENTATION WITH THE FOUNDER AT THE ARTS AND HUMANITIES COMMISSION MEETING WHICH LED TO THE CREATION OF A COMMITTEE TO EXPLORE THE PARTNERSHIP FURTHER. IT IS A REGISTERED 501(C)(3) AND CARRIES FULL INSURANCE ADDRESSING LIABILITY CONCERNS THAT WERE RAISED AT THAT MEETING. IT WOULD PRIORITIZE ROWLETT RESIDENCE LIKE THE LIBRARIAN REC CENTER AND WE COULD WELCOME PARTICIPANTS NEARBY TOWNS. NOW I INVITE YOU TO IMAGINE A QUARTERLY EVENT WITH NEURODIVERSE CHILDREN CREATE SIDE-BY-SIDE WITH THEIR PEERS AND TALENTS ARE DISCOVERED, OR SOCIAL BRIDGES ARE BUILT AND WHERE PARENTS OFTEN ISOLATED CAN FINALLY CONNECT, EXCHANGE RESOURCES, AND FIND SUPPORT.

THIS IS NOT DAY CARE. IT IS COMMUNITY BUILDING , IT IS CULTURE SHAPING . AS WE FINE-TUNE THIS COLLABORATION WITHIN THE COMMISSION, I WANTED TO INFORM THE COUNCIL WE WILL BE REQUESTING FUNDING SOON SO WE CAN MAKE THIS INCLUSIVE EVENT NOT JUST A ONE-TIME EFFORT BUT A LASTING PART OF THE CITY'S CULTURE. THANK YOU FOR YOUR TIME.

>> THANK YOU. OUR NEXT SPEAKER IS CURTIS SMITH. FOLLOWED BY

SUSAN. >> MY NAME IS CURTIS SMITH I'M A CITIZEN OF ROWLETT , TEXAS. EIGHT DAYS AGO I HAD A PROBLEM THAT I WANTED TO HIGHLIGHT WITH REPUBLIC. I CAME TO A WORK SESSION AND I GOT A LOT OF GOOD INFORMATION. A LOT OF PEOPLE HAD GOOD IDEAS AND IT LOOKS LIKE THERE'S A LOT OF STUFF BEEN DONE. I NO LONGER HAVE A PROBLEM WITH REPUBLIC. I THINK YOU ALL DID A GOOD JOB. I THINK THE CONTRACT , AS IT WAS WRITTEN , THE CITY LEADERSHIP WORKED ON IT FOR A LONG TIME BEFORE THEY SIGNED THE CONTRACT AND GOT CITIZEN INPUT AND ALL REQUIRES NOW IS CITIZENS TO COOPERATE. I APPRECIATE IT.

>> THANK YOU , MR. SMITH. OUR NEXT SPEAKER IS SUSAN. AND THE LAST SPEAKER CARD WILL BE AS RED AUERBACH .

>> LOTS OF RECOGNITIONS AND I HAVE ONE MORE THAT YOU MAY NOT HAVE REALIZED. TODAY'S JACKIE ROBINSON DAY. IT IS CELEBRATED AT MAJOR-LEAGUE BALLPARKS ACROSS THE COUNTRY. WHERE PLAYERS, COACHES, AND MANAGERS FROM BOTH TEAMS, AS WELL AS UMPIRES WEAR NUMBER 42 TO COMMEMORATE APRIL 15TH, 1947 , WHEN JACKIE ROBINSON MADE HIS DEBUT AND ENDED MANY DECADES OF BASEBALL SEGREGATION. OF COURSE, HE ALSO WENT ON TO BECOME ONE OF THE GREATEST EVER TO PLAY THE GAME. IT'S VERY FITTING THAT APRIL IS CELEBRATE DIVERSITY MONTH. BECAUSE DIVERSITY IS A FUNDAMENTAL STRENGTH OF OUR SOCIETY , ENRICHING OUR COMMUNITIES, WORKPLACES, INSTITUTIONS, AND BECAUSE CELEBRATE DIVERSITY MONTH OBSERVED EACH APRIL ENCOURAGES THE RECOGNITION AND APPRECIATION OF DIVERSE CULTURES, BACKGROUNDS, PERSPECTIVES, AND BECAUSE FOSTERING INCLUSIVITY AND UNDERSTANDING LEADS TO STRONGER RELATIONSHIPS , MORE INNOVATIVE SOLUTIONS, AND A MORE EQUITABLE SOCIETY , AND BECAUSE PROMOTING DIVERSITY IN EDUCATION , BUSINESS, HEALTHCARE, PUBLIC SERVICE ENHANCES OPPORTUNITIES AND ENSURES THAT ALL INDIVIDUALS FEEL VALUED AND RESPECTED , AND BECAUSE RECOGNIZING AND CELEBRATING DIVERSITY ENCOURAGES DIALOGUE , LEARNING, AND ENGAGEMENT ACROSS DIFFERENT CULTURES AND LIVED EXPERIENCES , AND BECAUSE WITHOUT AN UNDERSTANDING OF THE POSITIVE IMPACT OF DIVERSITY, JACKIE ROBINSON AND COUNTLESS OTHERS WOULD NEVER HAVE BEEN ABLE TO MAKE THEIR GREAT INDELIBLE MARKS TO CHANGE OUR COUNTRY FOR THE BETTER. THEREFORE, DEI COMMUNITY PROJECT COMMITS TO ADVOCATING FOR AN ENVIRONMENT WHERE DIVERSITY IS CELEBRATED , DISCRIMINATION IS CHALLENGED AND EQUAL OPPORTUNITIES ARE PROMOTED FOR ALL. WE CALL FOR RECOGNITION OF APRIL TO CELEBRATE DIVERSITY MONTH AND ENCOURAGE ALL IN ROWLETT TO PARTICIPATE IN ACTIVITIES THAT PROMOTE AWARENESS, RESPECT, AND INCLUSION. THANK YOU.

[01:00:02]

>> THE LAST SPEAKER IS EZRA . AND FOLLOWING THAT IF WE HAVE ANY OTHER REQUESTS TO SPEAK, YOU CAN GRAB A SPEAKER FORM FROM THE

BACK OF THE ROOM. >> WE WILL CALL YOU UP. IN THAT CASE, IS THERE ANYBODY ELSE WHO WISHES TO SPEAK THIS EVENING?

[6. CONSENT AGENDA]

OKAY. I WANTED TO BE SURE. WITH THAT WE WILL MOVE ON TO ITEM 6 , WHICH IS THE CONSENT AGENDA ACTED UPON IN ONE MOTION. YOU CAN REQUEST ITEMS TO BE REMOVED WE HAD A REQUEST FROM DEPUTY MAYOR PRO TEM SHINDER TO PULL 6C , SO THE ONLY ONES WE WILL HAVE WILL BE 6A AND 6B. SECRETARY, PLEASE REDUCE INTO THE RECORD.

>> CONSIDER ACTION APPROVING THE CONSIDER ACTION APPROVING ANNUAL MAINTENANCE PAYMENT TO TYLER TECHNOLOGIES, INC.

>> DO I HAVE A MOTION TO APPROVE THE CONSENT AGENDA? WE WILL DO A

VOICE MOTION. >> I MOVE WE APPROVED THE

CONSENT AGENDA AS RED. >> TO HAVE A SECOND?

>> SECONDED. >> WE HAVE A MOTION BY DEPUTY MAYOR PRO TEM SHINDER AND SECOND BY COUNCIL MEMBER BRITTON. ANY DISCUSSION? ALL THOSE IN FAVOR? A SHOW OF HANDS. IT CARRIES

[6C. Consider action approving an Economic Development Incentive Agreement with Bowlarama of Texas, LLC.]

UNANIMOUSLY. RIGHT. WITH THAT WE WILL MOVE ON TO CONSIDER ACTION APPROVING AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT

WITH BOWLARAMA OF TEXAS, LLC. >> GOOD EVENING, MEMBERS OF COUNCIL. I HAVE A BRIEF PRESENTATION AND HAVE THE APPLICANT HERE. I HAVE THE APPLICANT HERE IF YOU WOULD LIKE TO HEAR MARKS. I HAVE A BRIEF PRESENTATION.

>> YOUR PRESENTATION IS PROBABLY SUFFICIENT.

>> THIS IS A REQUEST FOR A REBATE. IT REQUIRED NEW REDONE GREASE TRAPS INSTALLED OUTSIDE UNDERGROUND, WHICH RAISED THE COST SIGNIFICANTLY. THEY SUBMITTED THEIR APPLICATION FOR A GREASE TRAP REBATE IN THE AMOUNT OF $7500 ON THE 21ST OF FEBRUARY. IT WAS BROUGHT TO THE NEXT MEETING, WHICH VOTED TO UNANIMOUSLY APPROVED MOVING FORWARD THIS RECOMMENDATION TO COUNCIL. THIS IS A LITTLE BIT OF THE WORK HAVING TO RELOCATE IT OUTSIDE AS WELL AS INVOICE THEY PROVIDED SHOWING THE TOTAL OF THE PROJECT IN THE AMOUNT PAID IN FULL. SO THE REQUIREMENTS OF ECONOMIC DEVELOPMENT POLICY FOR GREASE TRAP REBATE THAT COUNCIL MAY CONSIDER A REBATE UP TO 50% OF THE COST TO PURCHASE A NEW OR UPGRADED EXISTING GREASE TRAP BUT IT MAY NOT EXCEED $7500, WHICH IS THE AMOUNT THEY ARE REQUESTING. THE TOTAL AMOUNT COMPARED TO THE 7500 WILL BE BELOW THE 50% MARGIN.

APPLICATIONS MUST BE ACCOMPANIED BY RECEIPT , WHICH THEY DID PROVIDE AS PART OF THEIR MATERIALS AND THE APPLICATION FOR REIMBURSEMENT MUST BE SUBMITTED WITHIN SIX MONTHS, WHICH WAS DONE. THAT IS THE END OF MY PRESENTATION. IF YOU HAVE

ANY QUESTIONS. >> DEPUTY MAYOR PRO TEM SHINDER

[01:05:03]

, DID YOU HAVE COMMENTS? >> COMMENTS. NOT REALLY QUESTIONS. I DID REQUEST THIS BE REMOVED FROM THE CONSENT AGENDA NOT BECAUSE I HAVE A PROBLEM WITH IT. I WAS THERE AT THE DEVELOPMENT BOARD MEETING WHEN IT WAS APPROVED AND HAD NO PROBLEM WITH IT THEN, BUT SOME PEOPLE WHEN THEY SEE THE WORD INCENTIVE ON THE AGENDA, THEY DO HAVE QUESTIONS AND CONCERNS . I JUST WANTED TO -- I WANTED YOU TO COME FORTH TO SHOW WHAT IT WAS . I WANTED TO SAY THAT THIS IS EXACTLY WHAT THIS PARTICULAR PROGRAM WAS DESIGNED TO DO. AND ALSO TO MENTION THAT BOWLARAMA RINGS A LOT OF PEOPLE INTO OUR CITY. STEPHEN PROBABLY HAS THE NUMBER, BUT IT'S AN INCREDIBLE NUMBER OF PEOPLE WHO COME INTO THE CITY TO BOWL BECAUSE THEY'R NOT THAT MANY BOWLING ALLEYS AROUND AND THOSE PEOPLE SPEND THEIR MONEY HERE IN THE CITY.

THEY DON'T NECESSARILY CONFINE IT TO BOWLARAMA BUT GO TO OTHER RESTAURANTS IN SUCH. I HAVE ABSOLUTELY NO PROBLEMS. I KNOW I'VE BEEN KNOWN AS SOMEONE WHO IS STINGY WITH INCENTIVES, BUT I HAVE NO PROBLEM WITH THIS INCENTIVE AND I THINK IT'S EXACTLY WHAT THIS PROGRAM IS FOR . THIS IS A BUSINESS THAT HAS DONE SO MUCH FOR A CITY AND HAS GIVEN SO MUCH TO THE CITY . THEY PARTICIPATE IN THE COED AND COMMUNITY ORGANIZATIONS INAUDIBLE ] FOR DISASTERS, THEY OPENED UP BOWLARAMA AS WARMING STATION AT ONE POINT WHEN WE NEEDED IT. ALL KINDS OF THINGS.

ABSOLUTELY IN FAVOR OF GIVING THEM THIS INCENTIVE.

>> ANY OTHER QUESTIONS. >> THE ONLY THING I WOULD ADD IS THEY ARE JUST A GREAT PARTNER. THEY ARE GREAT PARTNER WITH THE CHAMBER AND HOST THE CHAMBERS MAKING CONNECTIONS EVERY THURSDAY WITHOUT FAIL. THEY PROVIDE A GREAT SERVICE. I

WANTED TO ADD THAT AS WELL. >> ANY OTHER QUESTIONS OR COMMENTS? BEFORE WE HAVE A MOTION? I WILL ENTERTAIN A MOTION. TREND -- DEPUTY MAYOR PRO TEM SHINDER I MOVE THAT WE APPROVE THIS. AND ANY DISCUSSION? LET'S CALL THE VOTE. THAT CARRIES BY A VOTE OF 6-0. THERE IT IS. WITH THAT WE

[7A. Consider action to approve a resolution authorizing the renaming of the Yellow Field at Rowlett Community Park to the Archer Hill Field.]

WILL MOVE ON TO OUR OTHER INDIVIDUAL CONSIDERATION ITEMS. CONSIDER ACTION TO APPROVE A RESOLUTION AUTHORIZING THE RENAMING OF THE YELLOW FIELD AT ROWLETT COMMUNITY PARK TO THE ARCHER HILL FIELD. I WOULD ALSO ASK THAT WE HAVE A COUPLE OF PARKS BOARD MEMBERS AND I WOULD LIKE TO BRING THEM UP AS WELL SINCE THEY ARE BRINGING THIS RECOMMENDATION.

>> THANK YOU , AND TO THE MEMBERS OF THE PARK BOARD WHO DECIDED TO COME OUT TODAY. THIS IS SOMETHING NEAR AND DEAR TO THEIR HEARTS. THIS COUNCIL RESOLUTION ASSIGNS THE PARK ADVISORY BOARD TO MAKE RECOMMENDATIONS TO COUNCIL ON THE NAMING OF FACILITIES WITHIN THE PARKS AND RECREATION SYSTEM.

IN AUGUST OF 2024 THE ADVISORY BOARD RECEIVED A WEST TO CONSIDER RENAMING A BASEBALL FIELD FOR A LOCAL YOUTH. THEY FORMED A COMMITTEE THAT WAS CHAIRED BY THEIR CHAIR AND MADE THEIR RECOMMENDATION AND ADVISORY BOARD ON THE 12TH OF MARCH AND THAT WAS PASSED UNANIMOUSLY TO RENAME THE YELLOW BALLFIELD THE ARCHER HILL FIELD AND BRING IT TO YOU FOR FINAL CONSIDERATION. JUST A LITTLE BIT ABOUT ARCHIE HELP. HE WAS A PASSIONATE BASEBALL PLAYER AND PLAYED IN THE LEAKS IN ROWLETT AND AFTER A COURAGEOUS BATTLE DIED OF A RARE FORM OF BRAIN CANCER IN APRIL OF 2024. 'S FAMILY CONTINUES TO BE ACTIVE IN THE CITY OF ROLLA BOTH IN EDUCATIONAL AND ATHLETIC ACTIVITIES BUT THEY HAVE FORMED THE ARCHER FOUNDATION TO SUPPORT FAMILIES FACING THE SIMILAR TYPE OF BRAIN CANCER. THEY BROUGHT THIS FORWARD HOPING NOT ONLY TO HONOR HIS LEGACY BUT TO HELP RAISE AWARENESS AND SUPPORT FOR FAMILIES ALSO EXPERIENCING THIS TYPE OF DISEASE. THIS IS THE SIGN THAT WE HAVE MADE AS A MOCKUP. WE WOULD PRODUCE THREE SIGNS TO BE INSTALLED ON THE

[01:10:01]

BACK FENCE. THE FIRST BASE DUGOUT AND THE THIRD BASE DUGOUT. THEY WOULD BE UP FOR A MINIMUM OF 10 YEARS AND WOULD BE RETAINED BY THE PARKS DEPARTMENT. WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS UNLESS YOU WANT TO MAKE ANY

COMMENTS. >> IS THE FAMILY OF MR. HILL

HERE THIS EVENING? >> THEY SAID THEY WOULD HAVE A REPRESENTATIVE, BUT I DON'T THINK THEY WERE ABLE TO ATTEND.

>> DEPUTY MAYOR PRO TEM SHINDER.

>> I DID HAVE ONE QUESTION AND THAT IS WHY IS IT A MINIMUM OF 10 YEARS RATHER THAN A PERMANENT RENEW?

>> I WILL DEFER TO THE PARKS COMMITTEE THAT MADE THE RECOMMENDATION. BUT WE SELECTED 10 YEARS TO MAKE SURE THE TOP THE SIGN CAN BE MAINTAINED AND THE SIBLINGS HAVE RECOGNITION.

WE WANTED TO ENSURE THE MAINTENANCE -- THEY DON'T WANT

A SHABBY LOOKING SIGN. >> I WOULD THINK THAT WHATEVER IT IS NAMED THE SIGN SHOULD BE MAINTAINED. I JUST WONDERED IF THERE WAS SOME LEGAL REASON AND WHAT THE SITUATION IS. I WOULD

BE IN FAVOR OF PERMANENTLY -- >>

>> A QUESTION I HAVE, I THINK, IS WITH REGARD TO THE RECOGNITION. I UNDERSTAND THE RESOLUTION IS LISTED AS AN APPROPRIATE SIGN OR SIGN THAT REFLECTS THE APPROPRIATENESS OF THIS. WILL ASSIGN ALSO HAVE INFORMATION -- MORE DETAIL ABOUT ARCHIE AND WHAT WAS INCLUDED ON THAT SINGLE PAGE DOCUMENT THAT EXPLAINED WHY THE FIELD IS NAMED AFTER HIM. BUT WE CAN ABSOLUTELY DO THAT. WE HAVE NOT MANUFACTURED THE SIGN IT. IT WAS JUST DONE AS AN EXAMPLE FOR WHAT WE WOULD PUT UP. THAT'S DEFINITELY SOMETHING WE COULD CONSIDER AND POST ALONG THE SIGN

ITSELF. >> I THINK THE ONE THING I WOULD

ADD IN ADDITION WOULD BE A >> ON THE CITY WEBSITE THAT RECOGNIZES IT WITHIN THE COMMUNITY PART PAGE OR SOMEWHERE THAT WE CALL IT OUT AND RECOGNIZE WHY WE ARE DOING THIS.

I THINK IT'S REALLY SPECIAL. >> SINCE THE FAMILY IS NOT HERE, WILL YOU NOTIFY THEM WHEN YOU PUT THE SIGN UP SO THEY CAN BE

THERE FOR THAT? >> OUR CITY MANAGER HAS RECOMMENDED IF WE APPROVE THIS ITEM THAT WE DO IT WITH AN AMENDMENT TO THE RESOLUTION PRESENTED IN THE PACKET. SO IF YOU'LL TAKE A QUICK LOOK AT THAT RESOLUTION , THERE ARE ONLY TWO SECTIONS -- THREE SECTIONS IN THERE IN THE FIRST ONE WOULD BE IT'S RENAMED ARCHER HILL FIELD , WHICH IS HARDER TO SAY THAN IT SOUNDS FOR A MINIMUM PERIOD OF 10 YEARS AND I BELIEVE THE RECOMMENDATION IS WE THEIR STRIKE THE 10 YEARS OR MAKE IT IN PERPETUITY. SECTION 2 WOULD BE THE INSTALLATION OF APPROPRIATE SIGNAGE BEARING THE NAME OF ARCHER HILL FIELD AND EXPLANATORY DETAILS. SOMETHING OF THAT NATURE. AND THEN PERHAPS SECTION 3 AND ADD A SECTION 3 THAT IDENTIFIES A

>> WITHIN THE CITY'S WEBSITE. PROBABLY A LITTLE BIT MORE LEGAL LANGUAGE. I KNOW THE CITY ATTORNEY IS FURIOUSLY DOCUMENTING WHAT I'M SAYING. THAT'S WHAT I WOULD PROPOSE. I WILL ENTERTAIN A MOTION UNLESS THERE ARE OTHER QUESTIONS. I WILL ENTERTAIN A MOTION. I HAVE A MOTION FROM COUNCIL MEMBER

SCHUPP. >> I MOVE THAT WE APPROVE A RESOLUTION AUTHORIZING THE RENAMING OF THE YELLOW FIELD AT ROWLETT COMMUNITY PARK TO THE ARCHER HILL FIELD. WITH THE

AMENDMENTS ON TWO AND THREE. >> AND SECTION 1. THAT'S THE ONE THAT HAS 10 YEARS. SO WE HAVE A MOTION TO APPROVE THE RESOLUTION AS AMENDED. AND WE HAVE A SECOND FROM COUNCIL MEMBER BOWERS. ANY FURTHER DISCUSSION? LET'S CALL THE VOTE, PLEASE. IT CARRIES 6-0. THANK YOU VERY MUCH AND THANK YOU TO THE FAMILY FOR BRINGING THAT TO OUR PARKS BOARD. THANK YOU FOR YOUR SERVICE TO THE COMMUNITY. WE WILL MOVE ON TO --

[7B. Conduct a public hearing regarding a request by Steven Reyes on behalf of property owner Raquel Sanchez to amend the Comprehensive Zoning Ordinance, Map and Plan of the City of Rowlett, Texas for an approximately 2.16 acre parcel out of the Henry H. Hall Survey, Abstract 633 in the City of Rowlett, Texas and being generally located on the northeast corner of PGBT and Flamingo Drive from Single Family-9 (SF-9) Residential District to Light Manufacturing (M-1) District.]

LET ME TRY THIS AGAIN. CONDUCT A PUBLIC HEARING REGARDING A

[01:15:08]

REQUEST BY STEVEN REYES ON BEHALF OF PROPERTY OWNER RAQUEL SANCHEZ TO AMEND THE COMPREHENSIVE ZONING ORDINANCE, MAP AND PLAN OF THE CITY OF ROWLETT, TEXAS FOR AN APPROXIMATELY 2.16 ACRE PARCEL OUT OF THE HENRY H. HALL SURVEY, ABSTRACT 633 IN THE CITY OF ROWLETT, TEXAS AND BEING GENERALLY LOCATED ON THE NORTHEAST CORNER OF PGBT AND FLAMINGO DRIVE FROM SINGLE FAMILY-9 (SF-9) RESIDENTIAL DISTRICT TO LIGHT MANUFACTURING (M-1) DISTRICT. MAKING THAT

PRESENTATION -- >> THIS IS A PUBLIC HEARING AND COUNCIL WILL BE ASKED TO TAKE UP THIS ITEM. THIS IS A STRAIGHT REZONE. FROM RESIDENTIAL TO M1. WHILE THE PRESENTATION FROM THE APPLICANT 'S THEY WOULD OPEN A CONTRACTOR SHOP, IT'S NOT RESTRICTED TO THAT USE. ANY USE UNDER M1 WOULD BE -- THIS IS THE PARCEL. IT'S ON GEORGE BUSH ACCESS WAY. MOVING FROM SF9 TO M1. I KNOW YOU CAN'T READ THIS, BUT THESE ARE ALL THE USES THAT WOULD BE ALLOWED IF IT WERE REZONED. THIS IS ALSO INCLUDED IN YOUR PACKET. IT'S A LOWER LEVEL INDUSTRIAL USE AND THESE WOULD ALL BE PERMITTED . EVEN THOUGH WE DO HAVE , IT IDENTIFIES IT AS A STATE RESIDENTIAL , INDUSTRIAL COMMERCIAL. WE CANNOT HOLD THE APPLICANT TO THESE REQUIREMENTS.

IS A STRAIGHT REZONE, EVEN THOUGH THEY PROVIDED US A PROPOSED USE, IT WOULD NOT BE A REQUIREMENT OF THEIR USE. THEY WOULD JUST HAVE TO MEET THE DEVELOPMENT STARED THAT'S APPLICABLE AND THE USE THAT THEY WOULD PUT IN PLACE. 12 NOTICES WERE SENT OUT AND WE ONLY RECEIVED ONE AN OPPOSITION. 45 NOTICES WERE SENT OUT TO 500 FEET AND RECEIVED TWO AN OPPOSITION. IT WILL BEFORE THE PLANNING BOARD AND WAS REJECTED BY A 6-0 VOTE. I CAN ANSWER QUESTIONS TO THE BEST OF MY

ABILITY. >> BEFORE MOVING TO THE PUBLIC HEARING, ARE THE QUESTIONS FROM STAFF ON THIS ITEM? ROWLETT -- DEPUTY MAYOR PRO TEM SHINDER. BUT IS THERE NO OTHER MECHANISM BY WHICH WE CAN RESTRICT -- IS THERE A WAY THAT WE COULD GIVE THEM THE PERMISSION TO HAVE WHAT THEY WANT WITHOUT OPENING UP TO EVERYTHING

DEVELOPMENT THERE. >>

>> IT IS A SPECIFIC -- I WANT TO USE THE RIGHT TERM. IS A SPECIFIC LIST OF REQUIREMENTS FOR THAT PARCEL PUT IN PLACE BY THAT , WE WILL GO AHEAD AND OPEN THE PUBLIC YEARN FOR THIS ITEM.

IT IS 8:18. DO WE HAVE ANYBODY WHO WISHES TO SPEAK ON THIS ITEM? SEEING NONE, WE WILL CLOSE THE PUBLIC HEARING AND MOVE ON

[7C. Consider action to approve an ordinance regarding a request by Steven Reyes on behalf of property owner Raquel Sanchez to 1) Rezone the subject property from Single Family-9 (SF-9) Residential District to Light Manufacturing (M-1) District; 2) Amend the Comprehensive Plan; and 3) Amend the official Zoning Map of the City. The property is located on the northeast corner of PGBT and Flamingo Dr, consisting of 2.16-acres of the Henry H. Hall Survey, Abstract 633 in the City of Rowlett, Dallas County, Texas. (Part 1 of 2)]

TO THE ACCOMPANYING ITEM TO GO ALONG WITH THIS. WE CAN OPEN THE FLOOR FOR DISCUSSION IF WE HAVE ANY OTHER QUESTIONS. IS THE APPLICANT HERE AND WISHES TO MAKE PRESENTATION? NO? OKAY. AT THIS POINT COUNCIL MEMBER SCHUPP.

>> WE HAVE LOOKED INTO THIS A COUPLE OF DIFFERENT WAYS. GIVING

IT SOME THOUGHT >> DO HAVE SOMEBODY THAT WANTS TO SPEAK AT THE PUBLIC HEARING? OKAY. IF YOU CAN GRAB A COMMENT CARD FROM THE BACK AND BE SURE YOU FILL THAT OUT, WE WILL ALLOW YOU THREE MINUTES TO SPEAK. IS THIS THE APPLICANT? ARE YOU THE APPLICANT FOR THE PROJECT? WHY DON'T YOU COME DOWN HERE TO THE MICROPHONE AND I WILL LET COUNCIL MEMBER SCHUPP FINISHES

[01:20:01]

REMARKS AND WE WILL HAVE A BRIEF PRESENTATION FROM YOU. FEEL FREE

TO COME DOWN. >> AND GIVING IT SOME THOUGHT. I APPRECIATE WHAT THE APPLICANT IS TRYING TO ACCOMPLISH. HOWEVER , M1 ZONING IN THIS LOCATION IS JUST NOT APPROPRIATE IN MY OPINION. IT IS SITTING WITHIN A RESIDENTIAL DISTRICT THAT IS CURRENTLY ZONED SF9 . THERE IS PROBABLY -- IT IS A RESIDENTIAL DISTRICT. THIS WOULD BE A SMALL CARVED OUT AND ONE FOR ME AND THAT IS NOT APPROPRIATE FOR THE SITE AND WHILE I UNDERSTAND THE APPLICANT'S DESIRE , I'M AFRAID THAT I WILL NOT BE ABLE

TO SUPPORT THIS. >> IF WE CAN HAVE THE APPLICANT COME DOWN. TO SPEAK. AND IF WE CAN CONFINE COMMENTS UNTIL WE HAVE A MOTION AND IF THERE ARE QUESTIONS WE CAN DEFINITELY ASK STAFF OR THE APPLICANT. JUST STATE YOUR NAME AND CITY OF

RESIDENCE. >> MY NAME IS RAQUEL SANCHEZ I

DO ON THE PROPERTY. >> THANK YOU. SO I WANTED TO SHARE A FEW HIGHLIGHTS REGARDING THIS PROPERTY. AS YOU KNOW IT SITS DIRECTLY OFF THE SERVICE ROAD FACING GEORGE BUSH HIGHWAY.

WE CAN ALL AGREE IS FAR FROM AN IDEAL LOCATION FOR A TRADITIONAL RESIDENTIAL HOME. WE WOULD LIKE TO ASK AND WHAT WOULD THE CITY OF ROWLETT ALLOW US TO DO AND WHAT ARE OUR OPTIONS. THERE WERE A COUPLE OF QUESTIONS BROUGHT UP DURING THE PLANNING AND ZONING MEETING THAT WE DID NOT GET THE OPPORTUNITY TO ADDRESS, AND I BELIEVE THEY WERE ASKED HERE AS WELL. AS FAR AS THE LAND AND WHAT THE M1 ALLOWS US TO DO. SO THE NUMBER ONE QUESTION THAT WAS ASKED , WHAT IF WE SELL THE LAND . SO WE PURCHASED THIS PROPERTY FOUR YEARS AGO AND WE HAVE NO INTENTIONS OF SELLING IT. THIS LAND WILL REMAIN IN OUR FAMILY FOR GENERATIONS. IF WE ARE NOT ALLOWED TO USE THIS AS A BUSINESS LOCATION , THE PROPERTY WILL LIKELY REMAIN IN ITS CURRENT CONDITION FOR YEARS TO COME. VISIBLE TO THE CITY OF ROWLETT AND MILLIONS WHO DRIVE DOWN THE GEORGE BUSH HIGHWAY CHEER. NUMBER TWO, WHAT IF THEY GO OUT OF BUSINESS. WHILE NO ONE CAN PREDICT THE FUTURE, WE WANT THE CITY TO KNOW THAT THIS IS NOT A SHORT-TERM MOM AND SON BUSINESS VENTURE. RELEASING A PROPERTY RIGHT NOW. WITH PUT 11 YEARS OF HARD WORK , SUNRISE TO SUNDOWN INTO BUILDING THIS COMPANY. AND QUITTING HAS NEVER BEEN AN OPTION. EACH YEAR HAS BROUGHT GROWTH IN CHALLENGES AND IN SUCCESS. WE ARE CURRENTLY INVESTING 30,000 PER MONTH IN MARKETING TO CONTINUE FIELDING THAT GROWTH. WE WOULD LOVE TO MAKE THIS OUR FIRST LOCATION AND HEADQUARTERS WITH PLANS TO EXPAND INTO OTHER LOCATIONS ACROSS THE DFW AREA. OUR GOAL IS TO BRING NOT ONLY BUSINESS BUT JOB OPPORTUNITIES TO ROWLETT. ALL OF THE NEARBY RESIDENTS WHO I'VE SPOKEN WITH AGREED THAT SOMETHING NEEDED TO BE DONE WITHOUT LAND. THEIR ONLY CONCERN WAS NOT WANTING A SHOPPING STRIP OR CONVENIENCE STORE LIKE 7-ELEVEN , AND WE COMPLETELY UNDERSTAND AND SHARE THAT CONCERN. WE ARE NOT LOOKING TO DISRUPT THE NEIGHBORHOOD . OUR PLAN IS TO REBUILD THE HOME INTO A MODERN, CLEAN, DUTIFUL LANDSCAPED OFFICE SPACE THAT BLENDS INTO THE COMMUNITY AND RESPECTS THE AREAS CHARACTER. WE RESPECTFULLY ASK THE CITY OF ROWLETT TO ALLOW US TO MOVE FORWARD WITH THIS VISION . WE BELIEVE THAT THIS CAN BE A WIN-WIN FOR BOTH THE CITY AND THE NEIGHBORHOOD AS WELL.

[01:25:01]

>> THANK YOU. WE DO HAVE A COUPLE OF REQUESTS TO SPEAK FROM COUNCIL AND THEY MAY BE ADDRESSED TO YOU. IF YOU COULD JUST HANG OUT FOR A SECOND. DEPUTY MAYOR PRO TEM SHINDER.

>> FIRST QUESTION. WOULD -- YOU SAID IT WOULD BE AN OFFICE FOR THE BUSINESS. THERE WOULD NOT BE ANY REPAIRS GOING ON THERE OR BRINGING EQUIPMENT IN OR ANYTHING THAT WAS LOUD OR

DISRUPTIVE? >> NOT AT ALL. WE WOULD JUST REVITALIZE THAT HOUSE AND IT WOULD HAVE A PARKING SPACE AND WE WOULD LIKE TO ADD AN ADDITIONAL BUILDING FOR STORAGE FOR HVAC, EQUIPMENT. BUT MY GUYS GET THERE AT 7:00 A.M. AND THEY ARE GONE ALL DAY. THEY GET THERE AND GET THE KEYS TO THE VAN AND THEY ARE GONE ALL DAY. WE SERVICE THE WHOLE DFW AREA. THEY COME BACK IN THE EVENING AND PARKED THE VAN'S AND JUMP IN THE CAR AND THEY ARE GONE. IT IS PRETTY QUIET THROUGHOUT THE DAY.

WE WOULD HAVE MAYBE FOUR OR FIVE STAFF MEMBERS IN THE OFFICE ANSWERING PHONES, CLERICAL WORK AND THAT SORT.

>> HOW MANY TRUCKS DO YOU HAVE? >> AT THE MOMENT WE HAVE ABOUT SIX. ACTUALLY FOUR AND TWO TRUCKS.

>> I WATCHED THE MEETING AND SPOKE WITH ONE OF THE COMMISSIONERS , AND I BELIEVE THAT THE CONCERN IS NOT WITH THE BUSINESS THAT YOU WANT TO PUT THERE. IS WITH OPENING IT UP TO EVERYTHING THAT IS ALLOWED UNDER M1 AND I KNOW YOU HAVE NO INTENTION WHATSOEVER OF EVER SELLING OR EVER CHANGING THIS .

LIKE YOU SAID, NOBODY CAN PREDICT THE FUTURE AND WE NEVER KNOW WHAT WILL HAPPEN. FIRST OF ALL, HAS ANYBODY MENTIONED TO YOU THE PROCESS OF GOING THROUGH A PLANNED DEVELOPMENT WERE THE COUNCIL COULD RESTRICT IT TO THAT BUSINESS?

>> YES, ABSOLUTELY. WE HAD PLANNED -- WITHOUT WE WERE GOING IN THAT DIRECTION. BUT APPARENTLY STEPHEN REYES SPOKE TO THE CITY AND THAT'S WHAT THEY RECOMMENDED AND WHAT WOULD BE THE BEST USE FOR THAT LAND. SO WE WOULD BE --

>> YOU WOULD BE AMENABLE -- >> IT JUST DOESN'T MAKE SENSE TO USE IT AS A HOME. IT'S FACING THE SERVICE ROAD.

>> I THINK PEOPLE WOULD BE MORE CMFORTABLE DOING IT THAT WAY SO

IT IS RESTRICTED TO HVAC. >> SPEAKING TO THE NEIGHBORHOOD, EVERYBODY WAS VERY OKAY WITH IT. I DID NOT GET A NO ANSWER. ONCE I EXPLAINED TO THEM WHAT THE PLAN WAS, IT'S NOT ANYTHING -- NO HUGE COMMERCIAL BUILDING OR ANYTHING LIKE THAT THAT WE ARE LOOKING TO DO. WE JUST WANT TO BLEND AND CONFORM WITH THE NEIGHBORHOOD AND USE IT AS AN OFFICE SPACE.

>> COUNCIL MEMBER REAVES. CONGRATULATIONS ON SUCCESS. YOU WILL DO WELL IN THE FUTURE. YOU KIND OF STOLE MY THUNDER. BUT I DO HAVE A QUESTION , FIRST, LET ME STATE THAT I SUPPORT THE BUSINESS I THINK IN HVAC AND WHAT YOU'RE DOING AND THAT LOCATION MAKES A TON OF SENSE. I THINK THE CONCERN IS ON THE ZONING CHANGE. WHAT YOU ARE TRYING TO DO IS ACTUALLY PERFECT FOR THAT SPACE AND WOULD SUPPORT ANOTHER VEHICLE. I THINK THE ZONING IS THE WRONG VEHICLE TO TRY TO GET THAT DONE. EITHER PLANNING DEVELOPMENT OR PERMIT WORK AS WELL -- SO IF IT CAME BACK TO COUNCIL UNDER A PLANNED DEVELOPER, YOU HAVE MY FULL SUPPORT ON THAT AND I THINK IT WOULD BE A SLAMDUNK.

>> THANK YOU SO MUCH. I APPRECIATE THAT.

>> I DO HAVE A QUESTION FOR THE CITY ATTORNEY AND THAT IS WITH REGARD TO -- THIS KIND OF SOUNDS LIKE FEEDBACK I'M GETTING. WITH REGARD TO A POTENTIAL DENIAL OF THIS ITEM, I KNOW THAT THERE ARE RESTRICTIONS ON HOW SOON AFTER IT THEY CAN BRING BACK ANOTHER REQUEST. I'M CAN ASK -- CAN YOU SAY THAT WARMER TIME?

>> IT WOULD BE MATERIALLY DIFFERENT. IT WOULD NOT BE THE

SAME REQUEST. >> THANK YOU.

>> I KNOW WE ARE MINIMIZING WHAT WE ARE DOING, BUT HOW LARGE OF A BUILDING ARE WE TALKING ABOUT? HOW MUCH SURFACE ARE WE TALKING ABOUT THAT IS PAVED? YOU ARE RUNNING AN HVAC COMPANY. I KNOW YOU PROBABLY DON'T HAVE ANY DRAWINGS, BUT I WOULD LIKE TO MAYBE GET A LITTLE MORE OF AN IDEA OF EXACTLY WHAT YOU HAVE IN

[01:30:03]

MIND. UNDERSTANDING YOU WILL FIX UP THE HOUSE AND LANDSCAPE THAT AND PUT PARKING IN FRONT, BUT HOW MUCH CONCRETE ARE WE PUTTING IN THE BACK? HOW BIG OF AN ACTUAL BUILDING ARE YOU ASKING TO PUT IN THERE? THINGS LIKE THAT. THAT MAY HAVE A MATERIAL DIFFERENCE, PARTICULARLY, WE ARE PUTTING THIS IN A RESIDENTIAL AREA. I THINK WE HAVE TO BE REALLY CONSCIOUS OF THAT.

[2. EXECUTIVE SESSION]

>> AND SO WE WILL MEET IN THE WORK ROOM

[3. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY OR APPROPRIATE ACTION ON CLOSED/EXECUTIVE SESSION MATTERS]

>> ALL RIGHT, THANK YOU VERY MUCH. WE WILL -- WE HAVE

CONCLUDED OUR EXECUTIVE SESSION AT 8:39 P.M. WE'RE GOING TO RECONVENE INTO OUR REGULAR SESSION AT 8:40 P.M. AND CONTINUE WITH ITEM 7C. SO HAVING HEARD FROM OUR CITY ATTORNEY, I THINK ONE THING THAT WE IDENTIFIED THAT'S PRETTY CLEAR AND I THINK THAT'S BEEN STATED PRETTY CLEARLY BY SEVERAL OF OUR COUNCILMEMBERS IS THAT THE NEIGHBORING PROPERTIES ARE JUST NOT CONFORMING TO THIS PROPERTY WHEN WE TALK ABOUT REZONING TO AN M1 ZONING. WE'VE GOT RESIDENTIAL EFFECTIVELY ON ALL FOUR SIDES OF THE PROPERTY, ALBEIT ONE SIDE IS ACROSS. WHEN WE LOOK AT THIS TYPE OF ZONING, IT HAS ALL OF THE CLASSIC SYMPTOMS OF BEING A SPOT ZONING CASE. SPOT ZONING, YOU'RE WELCOME TO GOOGLE IT, TAKE A LOOK AT IT, BUT BASICALLY IT'S CARVING OUT A PIECE OF PROPERTY THAT IS NOT -- DOES NOT MEET THE STANDARDS OF THAT -- NEIGHBORING PROPERTIES. IT COULD CAUSE PROBLEMS IF IT WAS CONSIDERED SPOT ZONING. AND I'M NOT SAYING IT IS OR ISN'T, IT SIMPLY HAS THOSE SYMPTOMS. SO THAT'S EFFECTIVELY THE ADVICE WE'VE RECEIVED. I WOULD ALSO LIKE TO CLARIFY THAT WITH MANY OF OUR ZONING CASES WE OFTEN TAKE A MOTION AND THAT MOTION MIGHT BE TO APPROVE OR IT MIGHT BE TO DENY. AND TYPICALLY THE BEST THING TO DO IS A MOTION TO APPROVE. THAT DOESN'T NECESSARILY MEAN THAT THE MOTION IS GOING TO PASS. THAT MOTION COULD VERY WELL FAIL. IT MIGHT EVEN BE MADE BY SOMEONE NOT IN FAVOR OF THAT PARTICULAR MOTION.

HOWEVER, THAT IS THE BEST WAY TO CARRY OUT THE BUSINESS OF OUR MEETINGS IS WITH A MOTION TO APPROVE. OH, GREAT POINT. ALSO, OUR CODE OF ORDINANCES IS WRITTEN IN SUCH A WAY THAT WHEN WE HAVE A ZONING CASE, WHICH IS DENIED BY A UNANIMOUS VOTE OF THE PLANNING AND ZONING COMMISSION, IT REQUIRES A SUPER MAJORITY VOTE BY THE CITY COUNCIL TO APPROVE. IN THAT CASE IT'D BE A THREE-FOURTHS MAJORITY. SO THAT WOULD BE A PRETTY LOFTY BAR TO HIT FOR ANY DEVELOPMENT, LET ALONE THIS ONE.

SO I THINK THAT'S WORTH POINTING OUT AS WELL. WITH THAT, COUNCIL, ANY OTHER COMMENTS OR QUESTIONS, ANYTHING I MISSED THAT YOU WANT TO SHARE? ALL RIGHT. DO WE HAVE ANY OTHER QUESTIONS FOR THE APPLICANT OR STAFF? ALL RIGHT, THEN I WILL ENTERTAIN A MOTION. DEPUTY MAYOR PRO-TEM SHINDER.

>> YES, I WILL MOVE TO APPROVE THIS ITEM.

>> WE HAVE A MOTION TO APPROVE. COUNCILMEMBER SCHUPP?

>> I SECOND. >> WE HAVE A MOTION TO APPROVE FROM DEPUTY MAYOR PRO-TEM SHINDER, A SECOND BY COUNCILMEMBER SCHUPP. REMEMBER, THIS IS A MOTION TO APPROVE. A YES VOTE WOULD BE IN FAVOR OF THE MOTION TO APPROVE, A NO VOTE WOULD BE IN OPPOSITION TO THE MOTION TO APPROVE. WITH THAT, LET'S CALL THE VOTE. ALL RIGHT, THAT ITEM -- THAT MOTION FAILS BY A VOTE OF 6-0. AND WITH THAT, WE WILL MOVE ON TO OUR NEXT AGENDA ITEM. VICTORIA, JUST TO CLARIFY, WHEN A MOTION SUCH AS THAT FAILS, IS THERE ANY NEED TO TAKE ANY OTHER ACTION WITH RESPECT TO ANOTHER MOTION OR ANYTHING -- ANY OTHER --

[7D. Consider action to approve a Warrant to allow for an existing 6-foot cedar fence on a corner lot facing Bob Lane and Edna Place on a property zoned Form-Based New Neighborhood (FB-NN) District, requested by property owner Ezra Auerbach. The approximately 0.207-acre lot is located about 1500 southwest of Merritt Road and Castle Drive, addressed as 3108 Bob Lane also described as Lot 9, Block B, of Merritt Village, in the City of Rowlett, Dallas County, Texas.]

PERFECT. ALL RIGHT, THEN WE WILL MOVE ON TO ITEM 7D, CONSIDER ACTION TO APPROVE A WARRANT TO ALLOW FOR AN EXISTING SIX-FOOT CEDAR FENCE ON A CORONER LOT FACING BOB LANE AND EDNA PLACE 1 ON A NEW NEIGHBORHOOD DISTRICT REQUESTED BY PROPERTY OWNER EZRA AUERBACH. THE APPROXIMATELY 0.207 ACRE LOT IS 15,00 FEET SOUTHWEST OF MERIT ROAD AND CASTLE DRIVE. MAKING THAT PRESENTATION IS DEPUTY CITY MANAGER KRISTOFF BOWER.

>> GOOD EVENING ONCE AGAIN, COUNCIL. A COUPLE OF MINOR

[01:35:01]

WARRANTS COMING UP. A MINOR WARRANT PERMITS A PRACTICE NOT PERMITTED WITH A SPECIFIC DIVISION OF THIS CHAPTER BUT IS JUSTIFIED BY ITS INTENT, CONSISTENCY WITH THE INTENT OF THE REGULATION, OR A NONSELF-IMPOSED HARDSHIP. NOW, THIS IS FOR A WARRANT FOR A SIDE PRIVACY FENCE. IF THIS SEEMS FAMILIAR, IT'S BECAUSE YOU WERE ACTUALLY CONSIDERING ONE FOR THIS. THE LOT THAT'S JUST TO THE NORTH IN THIS PICTURE. I DON'T THINK IT'S TRUE NORTH, BUT JUST ABOVE THE ONE HERE. THE DIFFERENCE BETWEEN THE TWO IS THAT PROPERTY, THE SIDE YARD, FENCE WAS ACTUALLY IN THE LANDSCAPING, CLOSE TO CASTLE DRIVE, REMEMBER, WE HAD THAT CONVERSATION. THIS ONE, IT FRONTS BOB LANE AND THE SENTENCE, THE FENCE THAT'S IN QUESTION IS ACTUALLY ON THE SIDE YARD FACING EDNA LANE. SO IT IS ON THEIR PROPERTY. IT IS NOT ON THE HOA PROPERTY OR PART OF THE FRONT LANDSCAPING FOR THE DEVELOPMENT. SO THEY ARE LOOKING FOR AUTHORIATION FOR A SIX-FOOT TALL WOODEN FENCE. THAT FENCE HAS ALREADY BEEN INSTALLED. IT WAS INSTALLED AFTER APPLICATION FOR A FENCE PERMIT, WHICH WAS MISTAKENLY ISSUED BY STAFF BECAUSE THEY DIDN'T RECOGNIZE THE UNIQUE CONDITIONS OF THIS SPECIFIC PLANNED DEVELOPMENT WHICH IS NOT CONSISTENT WITH THE GENERAL CODE. SO IN THIS SPECIFIC PLAN DEVELOPMENT, IT DOES NOT ALLOW FENCES THAT ARE ON THE SIDE STREET OUTSIDE OF FACING MAIN STREET TO BE HIGHER THAN THREE FEET, AND IT ALSO REQUIRES THEY BE 50% OPEN. ON MAIN STREET, SO THIS WOULD BE INCONSISTENT WITH THAT REQUIREMENT. THEY'RE LOOKING FOR A SIX-FOOT OPAQUE FENCE ON THAT SIDE YARD FACING EDNA. SO THE REQUEST OF WARRANT, WE BELIEVE THAT MEETS THE GENERAL INTENT OF THE FORM-BASED CODE. AND THERE'S THE OTHER SORT OF CONVERSATION THAT'S PROVIDED BY STAFF. IF YOU HAVE ANY QUESTIONS, WE'RE CERTAINLY HERE, AND THE APPLICANT IS HERE AS WELL IF YOU HAVE QUESTIONS FOR THEM. PLANNING AND DEVELOPMENT DID SUPPORT THE ISSUANCE OF THIS WARRANT 6-0 ON

MARCH 25TH. ANY QUESTIONS? >> ALL RIGHT, ANY QUESTIONS FOR MR. BOWER? DEPUTY MAYOR PRO-TEM SHINDER.

>> YES, I'LL ASK THE SAME QUESTION I ASKED YOU LAST TIME, WOULD THE FENCE -- OR I GUESS DOES THE FENCE, SINCE IT'S ALREADY THERE -- OBSTRUCT THE VIEW FROM DRIVERS OR PRESENT ANY

OTHER SAFETY HAZARD? >> IT DOES NOT.

>> THANK YOU. >> COUNCILMEMBER REAVES?

>> THANK YOU. CAN YOU GO BACK UP TO THE PICTURE OF THE MAP, WHERE

IT SHOWS THE STREET. >> YOU LIKE THIS ONE?

>> YEAH. SO THIS IS -- OKAY, I JUST WANT TO SEE. THE FENCE IS

ON THE EDNA SIDE, CORRECT? >> IT IS. AND THE FRONT OF THE HOUSE FACES CASTLE ON THE OTHER SIDE OF BOB STREET.

>> GOT IT. >> THE REAR YARD IS TOWARD EARL.

>> THANK YOU. >> COUNCILMEMBER SCHUPP?

>> YEAH, THANKS FOR THE PRESENTATION. I DROVE OUT THERE TODAY TO JUST KIND OF LOOK AT IT AND TRY TO UNDERSTAND EXACTLY WHAT WE'RE LOOKING AT. PARTLY BECAUSE THE PROPERTY DIRECTLY ACROSS THE STREET HAD BEEN BEFORE US EARLIER. AND WE HAD DENIED THAT. SO I DID SEE THE FENCE. IT IS AN EXISTING FENCE.

APPARENTLY IT WAS PERMITTED, SO IT WAS PUT IN PLACE. BUT WHAT I DID FIND THROUGHOUT THE ENTIRE NEIGHBORHOOD OTHER THAN THIS PARTICULAR SITE THERE ARE ABSOLUTELY NO OTHER BOARD FENCES ON ANY CORNERS, YOU KNOW, BASICALLY DOING WHAT THEY'RE TRYING TO DO HERE, WHICH IS COVER THEIR SIDE YARD FROM A STREET. ALL OTHER STREETS WITH SIDE YARDS ON THE CORNERS HAVE ROD IRON FENCES WITHOUT THIS TYPE OF FENCING ON THEM. SO I GUESS MY QUESTION IS MORE DOES THIS OPEN THAT UP? YOU KNOW, DOES THIS -- WHAT AM I TRYING TO -- DOES THIS SET A PRECEDENT FOR BUILDING PRIVACY FENCES ON CORNERS THAT IS IN OPPOSITION TO WHAT THE FORM-BASED CODE FOR THE ENTIRE DEVELOPMENT IS? DOES THAT

MAKE SENSE? >> IT CERTAINLY IS INCONSISTENT WITH THE PLAN DEVELOPMENT REGULATION FOR THIS DEVELOPMENT.

>> YEAH, I THINK THAT'S -- THAT'S TRULY A POLICY QUESTION, BECAUSE STAFF CAN'T REALLY DETERMINE IF -- IT DOESN'T SET A LEGAL PRECEDENT, PER SE, BUT IT MIGHT SET A PRECEDENT FOR THIS COUNCIL TO MAKE FUTURE APPROVALS SHOULD THE REQUEST COME BEFORE US. NOT MAKE US, IT MIGHT COMPEL US TO BECAUSE WE'VE

[01:40:03]

ALREADY APPROVED ONE. >> WELL, AND I THINK THAT'S AN IMPORTANT CONSIDERATION. THIS IS A SINGLE FENCE RIGHT NOW WITHIN A LARGE SUBDIVISION THAT DOES NOT, APPARENTLY, ALLOW SIDE YARD ON EXACT PROPERTIES LIKE THIS. AND YOU CAN DRIVE AROUND THE SUBDIVISION. SO I JUST -- I'M SOMEWHAT HESITANT TO SET PRECEDENT FOR SOMETHING LIKE THIS THAT MAY ALL OF A SUDDEN IMPACT THE ENTIRE -- THE ENTIRE COMMUNITY THERE IN A WAY THAT MAYBE THE OTHER RESIDENTS ARE NOT NEARLY AS ON BOARD WITH AS, PERHAPS, THIS PARTICULAR AN APPLICANT.

>> KRISTOFF, DO YOU KNOW PROXIMATELY WHEN THIS FENCE WAS

CONSTRUCTED? >> I BELIEVE THE APPLICANT WOULD BE ABLE TO TELL YOU. I THINK IT WAS NOVEMBER, AROUND THAT TIME.

>> CAN WE GET THAT PROXIMATION? OKAY, PERFECT. DO YOU MIND COMING FORWARD, HAVE A BRIEF PRESENTATION. I DON'T SEE ANY OTHER QUESTIONS AT THIS POINT. AND IF YOU CAN JUST STATE YOUR

NAME AND CITY OF RESIDENCE. >> I'M EZRA AUERBACH, THE OWNER OF 3108 BOB LANE IN ROWLETT. SO MY NAME IS EZRA AUERBACH, I'M THE OWNER OF 3108 BOB LANE, ASKING FOR PERMISSION TO KEEP THE FENCE. IT WAS APPROVED ON NOVEMBER 8TH BY THE CITY OF ROWLETT PERMIT -- THROUGH JANUARY 3RD. THE FENCE WAS BUILT FOR THE SOLE PURPOSE OF SECURITY AND PRIVACY. ACCORDING TO TEXAS SENATE BILL 1588 PASSED IN 2021, A FENCE IS A SECURITY MEASURE.

AS A HUSBAND AND FATHER, I AM RESPONSIBLE FOR THE SECURITY OF MY FAMILY. A 42-INCH ROD IRON FENCE IS NOT A SECURITY MEASURE BY ANY MEANS. ADDITIONALLY, INDIVIDUALS WALKING AND DRIVING FROM EDNA TOWARDS CASTLE COULD SEE CLEARLY THROUGH THE MASTER BEDROOM, BATHROOM, AND LIVING ROOM AT ALL HOURS OF THE DAY.

OVER THE PAST YEAR, CASTLE HAS GOTTEN BUSIER AND BUSIER. THE CITY GRANTED APPROVAL FOR A SINGLE-FAMILY RENTAL COMMUNITY, OX SEN FREE, NEXT DOOR TO MY COMMUNITY. THAT COMMUNITY HAS AN EIGHT-FOOT CEDAR FENCE BORDERING MY COMMUNITY AND CASTLE. THE CONSTRUCTION OF THIS COMMUNITY HAS INCREASED THE TRAFFIC ON CASTLE AND ONCE CONSTRUCTED HUNDREDS, IF NOT THOUSANDS, MORE VEHICLES WILL DRIVE IN FRONT OF MY HOME EACH DAY. MOST IMPORTANTLY, THE FENCE DOES NOT TAKE AWAY FROM THE NEIGHBORHOOD.

IT DOES NOT DECREASE THE VALUE OF MY PROPERTY OR ANY PROPERTY NEARBY. IT IS NOT AN EYESORE, DOES NOT IMPEDE THE FLOW OF TRAFFIC OR PEDESTRIANS, AND IS ON MY PROPERTY ALONE. WE MOVED THE FENCE TO PROVIDE ROOM ON THE SIDEWALK. WE'RE WITHIN THE RETAINING WALL RATHER THAN IN THE RETAINING WALL, WHICH THE PRIOR FENCE WAS IN. WE ACCOUNTED FOR THE VIEW OF PEDESTRIANS AND MOTORISTS AND CONSTRUCTED THE FENCE WITH WHAT WE BELIEVE TO BE THE NECESSARY STANDARDS ACCORDING TO VARIOUS ORDINANCES.

I HOPE THAT BY FOLLOWING OFF NECESSARY PROCEDURES I'D HAVE MY FENCE AND ALLOW MY FAMILY TO GROW IN THIS HOME. NOBODY WANTS A FIGHT OVER ONE FENCE, AND TAXPAYER DOLLARS DON'T NEED TO BE SPENT ON THIS. I'M ONLY ASKING WE CAN KEEP OUR FENCE AND GO ABOUT OUR LIVES. THE LAST THING I OR ANYBODY WANTS IS FOR THIS TO BECOME A BIGGER ISSUE, BUT IF I AM REQUIRED TO REMOVE THE FENCE, I WILL INCUR TENS OF THOUSANDS IN COSTS. I WILL BE LOOKING TO THE CITY OF ROWLETT TO REIMBURSE ME FOR THESE COSTS.

AFTER ALL, I BUILT THE FENCE ON RELIANCE OF A CITY GRANTED BY

THE CITY OF ROWLETT. >> THANK YOU, APPRECIATE YOUR REMARKS THERE. YOU'RE WELCOME TO STAY UP HERE FOR JUST A MOMENT, BECAUSE THERE MIGHT BE OTHER QUESTIONS. I'M LOOKING AT WOULD APPEAR THAT THERE'S A WOODEN FENCE, I'M ASSUMING THE SAME COMPOSITION MATERIAL THAT THIS PIECE IS, THAT GO ON THE SOUTHWEST AND SOUTHEAST SIDE OF YOUR BACKYARD. IS THAT CORRECT?

>> I DON'T REALLY KNOW MY DIRECTIONS VERY WELL.

>> THE PARTS OF THE YARD WHERE YOU BORDER ANOTHER HOME

BASICALLY. >> THERE IS ALREADY A WOODEN

FENCE THERE. >> ON TWO SIDES AT LEAST.

>> RIGHT. >> YOU'VE SIMPLY ADDED PROBABLY WHAT AMOUNTS TO A 20-FOOT SECTION OF FENCE ON THE SIDE

THAT FRONTS EDNA LANE. >> IT'S APPROXIMATELY 50. I WOULD HAVE TO LOOK AT THE PERMIT TO ACTUALLY TELL YOU.

>> 50 FEET? >> YES. SO IT'S DESIGNED SO THAT IF YOU LOOK AT THE SQUARE -- SO OUR MASTER BATHROOM -- OR OUR MASTER BEDROOM IS DIRECTLY FACING EDNA. SO IF YOU DRIVE UP EDNA DRIVING THROUGH YOU CAN CLEARLY SEE ANYTHING, SO IF WE DON'T HAVE CURTAINS OR WHATEVER, YOU CAN SEE WHATEVER YOU'D LIKE TO IMAGINE. YOU CAN ALSO SEE THE -- THROUGH THE MASTER BATHROOM, WHICH IS ON THE -- ON EDNA, AND THEN ALSO THROUGH THE LIVING ROOM. SO THE PURPOSE OF THE FENCE WAS SO PEOPLE WALKING AND DRIVING BY COULDN'T SEE THROUGH THE HOME

[01:45:01]

AT ANY TIME OF THE DAY. >> THANK YOU, THINK THAT HELPS.

>> I MADE A POWERPOINT, I DON'T KNOW IF WE HAVE THE PICTURES. I ALSO TOOK PICTURES PRIOR TO THIS. IF YOU'RE LOOKING -- OR DRIVING THROUGH, WE SPECIFICALLY DESIGNED THE FENCE SO IF YOU'RE WALKING -- BECAUSE A LOT OF PEOPLE HAVE KIDS OR ARE WALKING DOGS IN THE NEIGHBORHOOD -- THERE'S NO IMPACT ON THE VIEW AROUND THE CORNER. YOU CAN SEE THROUGH, THERE'S NOT AN ISSUE

THERE. >> THANK YOU. I DO HAVE A QUESTION FOR STAFF AS WELL, KRISTOFF, IF YOU DON'T MIND. SO WHEN DID THIS PARTICULAR ISSUE COME TO THE ATTENTION OF CITY STAFF? THE FACT THAT THE S IN ED THE PARTICULAR CODE.

>> CERTAINLY AFTER THE FENCE WAS CONSTRUCTED. WE RECOGNIZED THAT

THE PERSON WHO ISSUED IT ERROR. >> SO WE BUILT THE FENCE -- IT WAS BASICALLY FINALIZED JANUARY 3RD. THE INSPECTOR CAME OUT THE WEEK AFTER. THAT'S WHEN THEY INFORMED THE FENCE COMPANY THAT IT WASN'T IN -- CONFORMING OF THE CODE.

>> SO YOU DID EVERYTHING YOU WERE SUPPOSED TO DO. YOU REQUESTED THE PERMIT IN ADVANCE OF CONSTRUCTION.

>> WE SUBMITTED THE CODE, THE PLAT. IF YOU LOOK AT THE PERMIT -- I ONLY BROUGHT ONE COPY, IND CATS WE WERE BUILDING A 6'6" OR SIX FOOT CEDAR FENCE HERE. I CAN TELL YOU -- AND THENSURVEY ATTACHED, YES, HIDE THE FENCE, IS THIS A CORNER LOT, YES. ALL INFORMATION WAS PROVIDED, INCLUDING THE -- SO EVERY NECESSARY DOCUMENT WAS PROVIDED WITH THE PERMIT.

>> AND YOU DID NOT DEMO THE EXISTING IRON FENCE, THE IRON FENCE THAT WAS THERE IS STILL THERE, CORRECT?

>> NO, WE REMOVED PART OF THE IRON FENCE. THAT WAS PART OF THE PERMIT. TEAR OFF AND HAUL OUT INCLUDED IN THE FENCE.

>> ALL RIGHT, COUNCILMEMBER BOWERS?

>> DID YOU SAY IT WAS APPROVED BY YOUR HOA.

>> YES, MA'AM. I HAVE THE APPROVAL RIGHT HERE IF YOU WOULD LIKE TO SEE THAT TOO. ANY QUESTIONS FOR THE APPLICANT OR

STAFF? COUNCILMEMBER SCHUPP? >> COULD I SEE THE HOA, BECAUSE THAT'S PRETTY IMPORTANT RIGHT THERE.

>> OKAY, THANK YOU. >> ANY OTHER QUESTIONS? IF NOT I WILL -- COUNCILMEMBER SCHUPP, DO YOU HAVE A QUESTION?

>> NO, JUST A QUICK COMMENT. THE FACT THAT THE HOA HAS WRITTEN A LETTER IN SUPPORT OF IT -- I WAS NOT AWARE OF IT WHEN WE WERE ORIGINALLY TALKING. IT'S A HUGE DIFFERENCE TO ME. IT OBVIOUSLY SHOWS THEY'RE ACCEPTING IT WITHIN THEIR NEIGHBORHOOD EVEN WITH THE OTHER GUIDELINES. SO THAT -- I APPRECIATE YOU BRINGING THAT. THAT'S A GAME CHANGER. THANKS.

>> AND THE HOA STANDARDS MIGHT BE DIFFERENT THAN CITY CODE. SO

BE MINDFUL -- OKAY, YEAH, YEAH. >> I JUST TO CLARIFY, IF I MAY.

I GOT HOA APPROVAL ON NOVEMBER 8TH, THE CITY ON THE 11TH, AND THEN BUILT THE FENCE AFTER ALL THE APPROVAL.

>> GREAT. AT THIS POINT, DID YOU HAVE A QUESTION? OKAY. AT THIS POINT I WILL ENTERTAIN A MOTION. I HAVE A MOTION FROM DEPUTY

MAYOR PRO-TEM SHINDER. >> YES, I MOVE TO APPROVE THIS WARRANT TO ALLOW FOR AN EXISTING SIX-FOOT CEDAR FENCE ON A CORNER LOT FACING BOB LANE AND EDNA PLACE.

>> WE HAVE A MOTION, DO WE HAVE A SECOND? COUNCILMEMBER BRITTON?

>> I SECOND THAT. >> A MOTION TO APPROVE AS IS AND A SECOND. ANY COMMENTS? DEPUTY MAYOR PRO-TEM SHINDER?

>> YES, I WANT TO SAY THAT AS A PROPONENT OF PROPERTY RIGHTS AND A PROOPPONENT OF PRIVACY RIGHTS, I BELIEVE THAT THIS IS A VERY REASONABLE REQUEST. I WAS IN FAVOR OF THE OTHER ONE THAT FAILED, AND I'M GLAD THAT THAT PRECEDENT -- OR I HOPE THAT THAT PRECEDENT, I'M SORRY, IS NOT GOING TO BE FOLLOWED HERE.

ESPECIALLY SINCE THE CITY DID APRIVE OF THIS AND IT WOULD CAUSE A REAL HARDSHIP TO THIS APPLICANT TO HAVE TO TEAR DOWN THAT FENCE AND PUT A METAL FENCE BACK.

>> COUNCILMEMBER BRITTON? >> YEAH, YOU KNOW, MY COMMENTS ARE ALONG THE SAME LINE. YOU KNOW, THE OWNER HERE HAS DONE EVERYTHING THAT HE NEEDED TO DO, HE SHOULD DO. HE GOT PERMISSION, GOT THE PERMIT, GOT PERMISSION FROM THE HOA. HE HAD SERIOUS CONCERNS ABOUT HIS OWN PRIVACY AND SECURITY FOR HIS FAMILY, SO

[01:50:03]

I CERTAINLY APPRECIATE THAT. BUT YOU KNOW, JUST THE FACT THAT IT'S HIS PROPERTY, HE SHOULD HAVE THE RIGHT TO BE ABLE TO DO THAT. AND THEN I HAVE FULL SUPPORT FOR THIS, SO.

>> ALL RIGHT, THANK YOU. COUNCIL, ANY OTHER COMMENTS? I WILL SAY I WAS ONE WHO WAS OPPOSED TO THE LAST REQUEST FOR A WOODEN FENCE IN THIS PARTICULAR NEIGHBORHOOD. AND THAT I THINK WAS UNDER DIFFERENT CIRCUMSTANCES. YOU FOLLOWED THE RULES AND YOU WERE GIVEN REALLY POOR ADVICE, AND THAT'S UNFORTUNATE. AND I APOLOGIZE. I'M SORRY THAT YOU HAD TO GO THROUGH THAT. I'M SORRY YOU'VE HAD TO GO THROUGH THIS PROCESS, BUT I'M GLAD WE'RE REACHING A RESOLUTION I THINK WILL HELP KEEP YOU IN A -- KEEP YOU WHOLE. WITH THAT, COUNCIL, ANY OTHER COMMENTS? LET'S CALL THE VOTE, PLEASE. THAT ITEM CARRIES BY A

[7E. Consider action to approve a Development Plan with Warrants for the development of two (2) Commercial Retail buildings on a property zoned Form-Based Urban Village (FB-UV) District requested by Frederick Gatela, JR Eisenhour Consulting LLC, on behalf of property owner Global Investment Group INC. The property is located at the corner of Main Street and President George Bush Highway, addressed as 4800 Main Street, consisting of 3.576 acres, Block A, Lot 1, Downtown East Rowlett, in the City of Rowlett, Dallas County, Texas.]

VOTE OF 6-0. THANK YOU, SIR. ALL RIGHT, NOW WE WILL MOVE ON TO THE NEXT ITEM ON OUR AGENDA, WHICH IS ITEM 7E. CONSIDER ACTION TO APPROVE A DEVELPMENT PLAN WITH WARRANTS THE FOR DEVELOPMENT OF TWO COMMERCIAL RETAIL BUILDINGS ON A PROPERTY-ZONED -- BY FREDERICK GATELA, JR EISENHOUR CONSULTING LLC ON BEHALF OF GLOBAL INVESTMENT GROUP INC. LOCATEDAT THE CORNER OF MAIN STREET AND PRESIDENT GEORGE BUSH TURNPIKE, CONSISTING OF 3.7 ACRES, DOWNTOWN EAST ROWLETT IN THE CITY OF ROWLETT, DALLAS COUNTY TEXAS.

>> THIS IS A REQUEST FOR FOUR MINOR WARRANTS ASSOCIATED WITH THE COMMERCIAL DEVELOPMENT ON THE CORNER OF GEORGE BUSH AND MAIN. THE PROPERTY IS PROPOSED FOR -- UNDER THIS FRAMEWORK PLAN, AS IT IS FOR HIGH DENSITY RETAIL OR COMMERCIAL IN THIS AREA, IT IS PART OF A PHASED MASTER PLAN WHICH WAS PREVIOUSLY APPROVED. YOU CAN SEE THAT DOWN IN THE LOWER SECTION OF THIS WHERE IT SHOWS THE STREET NETWORK THAT'S PROPOSED TO GO THROUGH THESE BASICALLY FOUR DIFFERENT DEVELOPMENT AREAS.

THIS IS THE ONE THAT IS DOWN BELOW. YOU'LL SEE ANOTHER SECTION OF THIS DEVELOPMENT PLAN HERE IN A MOMENT. THIS IS TWO COMMERCIAL BUILDINGS, AS YOU CAN SEE. ONE ABOUT 15,000 SQUARE FEET, THE OTHER ABOUT 20,000 SQUARE FEET. TOTAL ABOUT 160 PARKING SPACES. IT HAS TWO ACCESS POINTS, ONE ON THE NEW STREET TO BE NAMED -- AND GOES DOWN MAIN STREET THROUGH THE PROJECT. IT HAS 17,000 SQUARE FEET OF OPEN SPACE THROUGH THE PROJECT AS WELL. AND AGAIN, WE'VE GOT DEVELOPMENT PLAN TONIGHT. IF THE DEVELOPMENT PLAN IS APPROVED BY COUNCIL, IT WILL MOVE ON TO CIVIL PLANS, WHICH IS A STAFF REVIEW AND THEN BUILDING PERMITS AND START CONSTRUCTION. SO THESE ARE THE FOUR WARRANTS THAT ARE REQUESTED TONIGHT. ACCESS TO DRIVES. BASICALLY EVERYTHING IN THE FORM-BASED CODE. IT WANTS AN ACCESS DRIVE, THOSE WILL BE APPROVED THROUGH A MINOR WARRANT. OUR PRAK HIS HAS BEEN TO BRING US TO COUNCIL. BUILDING HEIGHT, THE FORM-BASED CODE DOES TRY TO PROMOTE A TWO-STORY DEVELOPMENT. THIS IS A PRETTY TRADITIONAL COMMERCIAL DEVELOPMENT, SO WHILE IT IS FAIRLY TALL, IT IS ONLY ONE STORY OF COMMERCIAL DEVELOPMENT.

DOESN'T HAVE ANY RESIDENTIAL UP ABOVE IT. BLOK LENGTH, WE'LL TALK MORE ABOUT THAT, AND ALSO SPACE ORIENTATION WITH PRESENTATIONS COMING UP. SO ACCESS DRIVE, AS MENTIONED EARLIER, WE'VE GOT A NEW STREET, AN . YOU'LL BE ABLE TO GO BACK TO MAIN STREET SO YOU'LL HAVE THAT ABILITY TO GO AROUND THE DEVELOPMENT. YOU'LL ALSO BE ABLE TO GO TO ADJACENT DEVELOPMENTS AS WELL. BUILDING HEIGHT IS A ONE-STORY, 29-FOOT TALL COMMERCIAL BUILDING, SO NOT UNCHARACTERISTIC OF COMMERCIAL BUILDINGS OF THIS TYPE. IT IS NOT TWO-STORY, BUT IT IS FAIRLY TALL. BUT TWO STORIES REALLY WOULDN'T -- BLOCK LENGTH HAS TO APPROVETO TAKE OVER FROM MAIN STREET. THAT EXCEEDS THE

[01:55:03]

STANDARD AND REQUIRES THIS MINOR WARRANT. OPEN SPACE. OPEN SPACE IS REQUIRE TODAY THE FRONT OF BUILDING BECAUSE OF THE CONFIGURATION HERE AND WHERE THEY WANTED THEIR PARKING. THEY DIDN'T FIND AN OPPORTUNITY TO EFFECTIVELY HAVE OPEN SPACE. IT MEETS OTHER STANDARDS. IT'S OUTSIDE THE FLOODPLAIN, PRIVATELY MAINTAINED. IT'S NOT IN PARKING AREAS. IT DOES BORDER THE STREET. WHAT IT DOESN'T DO IS FRONT OR FACE THE BUILDINGS.

AND THAT REQUIRES A MINOR WARRANT UNDER THE FORM-BASED F1 CODE. THERE WILL BE ADDITIONAL LANDSCAPING PLAN THAT'S ALSO DEVELOPED AS PART OF THE NEXT SUBMITTAL. THAT'LL BE CONSISTENT WITH CODE. THAT LANDSCAPING WILL BE DEVELOPED THROUGHOUT THE PARKING LOT, AND OF COURSE, ON THE ROAD EDGE IN SOME OF THE OPEN SPACE AREAS. IT WAS APPROVED WITH

COUNCILMEMBER BRITTON? >> THANK YOU. IS THE DEVELOPER HERE? DO WE KNOW WHAT KIND OF COMMERCIAL RETAIL ANTICIPATE

GOING INTO HERE? >> I DON'T HAVE THAT INFORMATION. IF YOU LIKE TO SEE.

>> I WOULD LIKE TO KNOW. >> YEAH.

>> DO YOU WISH TO MAKE A PRESENTATION AS WELL? WOULD YOU LIKE TO MAKE A PRESENTATION ALSO?

>> IF THERE'S ANY QUESTION I WOULD ANSWER.

>> JUST ANSWER QUESTIONS? CERTAINLY.

>> MY NAME IS SHAWN CHAN. 6613 LAKESHORE DRIVE. YOUR NEIGHBORING CITY , ACTUALLY. THIS BUILDING WOULD SERVE HIM AND SERVICES. AND ALSO MAIN STREET. IT WOULD BE ACCORDING TO THE CITY ORDINANCE. ZONING. IF YOU WOULD LIKE TO DO A CERTAIN BUSINESS HE WOULD HAVE TO ASK THE CITY. THE CITY WOULD ALLOW THEM AND THEY WOULD HAVE --. HE'S ACTUALLY SERVICING THE NEIGHBORHOOD . THE HEIGHT OF THE BUILDING WAS KIND OF THE ISSUE.

COST ANALYSIS. IF YOU ARE GOING TO THE TWO-STORY BUILDING IT WOULD BE THE COST. IF YOU CAN TRANSFER THIS COST TO THE TENANTS THEY WOULD NOT BE ABLE TO LIST THE PLACE. HAVE SOME COST ANALYSIS HERE WHICH I CAN SHARE WITH YOU.

>> LET'S PAUSE ON THAT FOR JUST A MOMENT. THE QUESTION WAS, WHAT TYPE OF TENANTS WERE GOING TO THE BUILDING? USE A NEIGHBORHOOD SERVICE TYPE BUSINESSES. GIVE US AN EXAMPLE OF A COUPLE TENANTS .

>> IT COULD BE MEDICAL , SMALL FAMILY PRACTICE. RESTAURANTS , DESIGNED AT THE FOUR CORNERS OF THE BUILDING. CITY RESTAURANTS.

YOU KNOW? >> WAS GET A QUESTION FROM STAFF REAL QUICK. I DON'T MEAN TO CUT YOU OFF, COUNCILMEMBER BRITTON.

I WANT TO QUESTION SOMETHING SAID IN HIS REMARKS. HE SAID THAT CITY STAFF WOULD HAVE TO APPROVE ANY BUSINESS THAT GOES INTO THIS DEVELOPMENT. WANT TO CLARIFY, IS AN ACCURATE STATEMENT? WOULD BASIC COMMERCIAL BUSINESSES BE ABLE TO

BE LOCATED THERE BY RIGHT? >> IT WOULDN'T BE A QUESTION OF USE, SIR. IT WOULD BE A QUESTION OF IF IT GETS OCCUPANCY.

CERTAINLY, THERE ARE SOME USES TO BE PROHIBITED IN THE COMMERCIAL AREA. WE LOOK AT THE GENERAL COMMERCIAL USE AS LONG AS THEY CAN MEET THE CITY REQUIREMENTS.

>> THOUGH THERE IS LIMITED DISCRETION TO BUSINESSES.

>> ABSOLUTELY. >> COUNSEL BRITTON, DID YOU HAVE

ANOTHER QUESTION? >> I GUESS THE QUESTION I HAVE, DO YOU HAVE CERTAIN BUSINESSES LINED UP READY TO GO IF THIS

THING GETS APPROVED? >> COFFEE SHOPS, DONUT SHOPS ,

DENTIST. >> THESE COMPANIES , THESE

ENTITIES ARE READY TO GO? >> COUNCILMEMBER, IF I COULD INTERRUPT, BECAUSE OF THE NATURE OF THIS ZONING REQUEST IS FOR MINOR WARRANTS. RIGHT. WITH THE TYPE OF PROPERTY HE IS

[02:00:17]

DEVELOPING HERE AND HE CAN DEVELOP. IT'S JUST THESE MINOR WARRANTS THAT ARE IN QUESTION. SO IT'S NOT REALLY THE NATURE THE TYPE OF BUSINESSES THAT CAN BE LOCATED THERE. I WILL LET THIS THOMAS SPEAK TO IN A LITTLE MORE DETAIL.

>> I JUST WANTED TO REMIND THE COUNCIL THAT THIS IS NOT A REQUEST FOR A ZONING CHANGE. SO WE ARE NOT LOOKING AT THE USES FOR THIS PROPERTY. WE ARE JUST LOOKING AT THIS DEVELOPMENT PLAN WHETHER YOU AUTHORIZE THESE MINOR WARRANTS. THESE CHANGES TO THE DEVELOPMENT REGULATIONS FOR THIS PARTICULAR PROPERTY. THE USES AND ZONING DON'T COME INTO PLAY.

>> I APPRECIATE THE QUESTIONS BECAUSE I WOULD HAVE THE SAME ONE MYSELF. COUNSEL, ANY OTHER QUESTIONS FOR THE STAFF OR THE APPLICANT? CHRISTOPH, I DO HAVE A QUESTION FOR YOU. IS THIS PARTICULAR PROPOSAL CONSISTENT WITH THE PLAN APPROVED YEARS

AGO? >> IT IS.

>> IT IS? WHAT MATERIAL CHANGES, IF ANY, HAVE THERE BEEN EITHER IN BUILDING LOCATION, FACES OF THE BUILDINGS OR ANYTHING LIKE THAT THAT DIFFER FROM THE REVIEWING PLAN? -- REGULATING PLAN? GOING DEEP INTO THE BENCH NOW.

>> THAT WOULDN'T BE CALLED ON THE REGULATING PLAN. THE REGULATING PLAN WOULD SHOW THE GENERAL VISION OF WHAT WE WANT

THERE. >> PERFECT.

>> BUT IT WOULDN'T SHOW SPECIFICS. AS WITH THE

DEVELOPMENT PLAN COMES IN. >> RIGHT. THANK YOU. COUNSEL, ANY OTHER QUESTIONS FOR THE STAFF? IN THAT CASE I WILL ENTERTAIN A MOTION. A MOTION FROM DEPUTY MAYOR ?

>> I MOVE THAT WE APPROVE THE MINOR WARRANTS TO ALLOW A ONE-STORY, 29 FOOT HIGH PROMOTIONAL BUILDING. ALL OF THEM. WE NEED TO READ THEM INDIVIDUALLY? OKAY. I MOVE THAT WE APPROVE THE RESOLUTON APPROVING THESE MINOR WARRANTS.

>> WE HAVE A MOTION TO APPROVE THE RESOLUTION. WE HAVE A SECOND? FROM COUNCILMEMBER BOWERS? SHE SECONDS. HERE WE GO.

GO FOR IT. >> I SECOND THAT MOTION.

>> THANK YOU. SO WE HAVE A MOTION TO APPROVE AND WE HAVE A SECOND. COUNSEL, ANY QUESTION, EXCUSE ME, ANY COMMENTS? LET'S CALL THE VOTE. THAT CARRIES LEVEL OF 6-0. NEXT WE WILL MOVE ON TO ITEM 7. THANK YOU. GOODNESS. WHEN YOU GET THIS DEEP

[7F. Consider action to approve a resolution approving a Development Plan with Minor Warrants for the development of a 300-unit multifamily development on a property zoned Form-Based Urban Village (FB-UV) District requested by David Bond, Spiars Engineering and Surveying, on behalf of property owner OHT Rowlett I, LP. The property, consisting of 9.076 acres of the H. Van Tassell Survey, Abstract No. 1499 and a portion of Lot 2, Block A of the Kirby Elevated Tank Addition in the City of Rowlett, Dallas County, Texas, is generally located west of the President George Bush Highway and north of Miller Road, and is commonly known as 2 President George Bush Highway.]

IN THE ALPHABET I GET LOST. ITEM 7. I CONSIDER AN ACTION TO APPROVE A RESOLUTION FOR DEVELOPMENT PLAN WITH MINOR ONES FOR THE DEVELOPMENT OF A 300 UNIT MULTIFAMILY DEVELOPMENT ON THE PROPERTY ZONE FORM-BASED URBAN VILLAGE DISTRICT REQUESTED BY DAVID BOND, SPIRES ENGINEERING AND SURVEYING, ON BEHALF OF PROPERTY OWNER OHT LP. THE PROPERTY CONSISTING OF 9.06 ACRES OF THE TASSEL SURVEY, ABSTRACT NUMBER 1499, AND APPROVED LITTLE OF LOT TWO FOR THE TAKE ADDITION IN THE CITY OF DALLAS COUNTY, TEXAS. GENERALLY LOCATED WEST OF GEORGE BUSH HIGHWAY AND NORTH OF MILLER ROAD. IT'S COMMONLY KNOWN AS 2 PRESIDENT GEORGE BUSH HIGHWAY. BEFORE WE GET INTO THIS PRESENTATION WE HAVE

>>> WE ARE CURRENTLY ON AGENDA ITEM 7F. WE WILL START WITH

MAYOR CHRISTOPH BAUER. >> THIS IS A MULTIFAMILY DEVELOPMENT . YOU WILL NOTICE SOME CONSISTENCIES DOING THIS.

THIS IS A PROJECT THAT IS SEEKING APPROVAL OF A DEVELOPMENT PLAN WITH FOUR WARRANTS REQUESTED. THE FOUR WARRANTS REQUESTED ARE THE EXACT SAME AS CONSIDERED DURING THE PREVIOUS PRODUCT. IT'S ALSO PART OF THE SAME DEVELOPMENT PLAN. THIS PLAN WAS APPROVED BACK IN 2018. THIS WAS BEFORE THE ADOPTION OF THE ORDINANCE THAT INCLUDED A MULTIFAMILY. SO THIS IS NOT SUBJECT TO THAT REQUIREMENT. TONIGHT WE ARE TALKING ABOUT THE WARRANTS, WE ARE NOT TALKING ABOUT THE USE.

IT HAS PREVIOUSLY UNDERGONE A SITE DEVELOPMENT PLAN ON MARCH 5TH. -- OF 2023. THIS IS A 300 UNIT DEVELOPMENT. 92 BEDROOM

[02:05:07]

DEVELOPMENT , 473 PARKING SPACES ARE REQUIRED, BICYCLES AS WELL.

AND THE MAIN ACCESS IS BEHIND THE STREET THAT GOES IN FRONT OF THIS PROJECT AND FIND THE PROJECT WE JUST DISCUSSED THE MAIN STREET. IT WILL BE CONNECTED TO GEORGE BUSH .

ANYWAY. WE DID HAVE SOME TREES REMOVED BUT THEY ALSO PROVIDED REPLACEMENT TREES. SO ALL OF THE TREES ARE DONE CONSISTENT WITH THE PERMIT PROVIDED . IT DOES HAVE OPEN SPACE CONSISTENT WITH THE REQUIREMENTS . THERE IS A WARRANT REQUIRED BECAUSE OF THE SAME ISSUE, WHICH IS THAT IT DOESN'T FACE THE DIAGRAM THAT I WILL SHOW YOU HERE THE SECOND. THERE IS AN ELEVATION OF THE PROPOSED PROJECT. IF YOU WANT A LONGER HESITATION I CERTAINLY HAVE IT AVAILABLE . I CAN ANSWER QUESTIONS IF YOU HAVE THEM AT THIS POINT. BLOCK SIZE, WE WILL GIVE YOU A DIAGRAM ON THAT AND TALK ABOUT THAT. ALSO, THE BUILDING HEIGHT, THERE'S ONE BUILDING ON SITE THAT WILL BE LESS THAN TWO STORIES. THE WORK REGARDING FACING THE SPACE AND THE ACCESS DRIVE ISSUE. SO BLOCK SIZE, SIMILAR TO THE PREVIOUS PROJECT, WE HAVE BASICALLY THREE BLOCKS HERE . BLOCKS ARE INTERRUPTED BY PRIVATE STREETS, NOT PUBLIC STREET. THAT'S WHY THE WARRANT IS REQUIRED FOR BLOCK LENGTH. WHILE YOU HAVE THE INTERIOR BLOCKS BEING SHORTER THAN THE STANDARD THE FULL-LENGTH FOR THE PUBLIC STREETS EXCEEDS THE BLOCK LENGTH STANDARD REQUIREMENT. BUILDING HEIGHT, IT'S THE ONLY BUILDING THAT'S NOT TWO-STORY .

ACTUALLY, I THINK THREE-STORY. IT'S THE IMMENSITY CENTER. -- IMMENSITY -- I THINK THAT'S POSSIBLE. OPEN SPACE FACING. WE HAVE A COUPLE OF DIFFERENT AREAS . BECAUSE OF THE WAY THE PARKING IS SITUATED AND THE REQUIREMENTS FOR ACCESS THE OPEN SPACE IS ON THE SIDE OF THE BUILDING RATHER THAN IN FRONT OF THE BUILDING.

YOU CAN SEE HERE THAT IT'S ON THE SIDE OF THIS BUILDING ADJACENT TO THE CITY 'S WATER TOWER. THIS WAS ON THE SIDE. YOU CAN SEE THAT WE HAVE THE ACCESS DRIVE HERE, WHICH IS IN BETWEEN THE OPEN SPACE AND THE BUILDING. THAT'S WHY WE CAN DETERMINE THE SIDE, OR THIS CASE, SEPARATED BY THE STREET. OTHER THAN THAT, THE OPEN SPACE DOES MEET THE REQUIREMENTS. ACCESS DRIVES, THESE ARE THE TWO ACCESS DRIVES FOR EITHER SIDE OF THE PROJECT COMING ONTO SHARAZ, WHICH IS THE MAIN ACCESS TO THE DEVELOPMENT.

FOUR MINOR WARRANTS, THE SAME WARRANTS WE TALKED ABOUT WITH THE OTHER PROJECT. A MINOR WARRANT FOR BLOCK SIZE CONFIGURATION, A MINOR WARRANTS FOR THE BUILDING HEIGHT FOR THAT ONE IMMENSITY BUILDING, WHICH IS NOT TWO STORIES. A MINOR WARRANT FOR THE OPEN SPACE FACING THE BUILDING AND THE ONE FOR ACCESS FOR CODEBASE DEVELOPMENT. THEY DID NOT APPROVE OR MAKE A POSITIVE RECOMMENDATION ON THIS PROJECT. WE ARE HERE TO ANSWER QUESTIONS AND THE DEVELOPER IS HERE AS WELL TO ANSWER ANY

QUESTIONS YOU MAY HAVE. >> THANK YOU, CHRISTOPH. I DO HAVE ONE QUESTION FOR STAFF. JUST REALLY WHETHER OR NOT YOU HAVE AN OPINION ON THIS OR PERHAPS INSIGHT. THE FOURTH MINOR WARRANTY WENT OVER HAS TO DO WITH ACCESS DRIVES. THE FORM-BASED CODE , ACCORDING TO THIS, REQUIRES THAT ALL ACCESS DRIVES GO THROUGH THE MINOR WARRANT PROCESS. SO WHAT IS THE REASONING BEHIND THAT IF YOU HAPPEN TO KNOW? IS IT TO LIMIT THE NUMBER OF ACCESS DRIVES OR PROVIDES A MECHANISM TO LIMIT THE NUMBER OF ACCESS DRIVES? OR ENSURE THAT THERE IS ENOUGH

PERHAPS? >> THEY WANT TO ENSURE THERE IS ADEQUATE ACCESS AND SAFE ACCESS FOR THE DEVELOPMENT. AGAIN, AS YOU MAY RECALL, A LOT OF THESE MINOR WARRANTS IN THE PAST HAVE BEEN DONE ADMINISTRATIVELY. SO IT WASN'T INITIALLY THE INTENT THAT THEY GO THROUGH A PROCESS FOR THIS. HOWEVER, THE INTEREST

[02:10:07]

OF THE COUNCIL COMMUNITIES THERE BE MORE SCRUTINY FOR THESE KIND OF PROJECTS . SO WE ARE NOW BRINGING US FORWARD.

>> GREAT. THANK YOU. DEPUTY MAYOR?

>> ONE DIFFERENCE I SEE BETWEEN THIS ONE AND THE PREVIOUS IS, IN REGARD TO THE MINIMUM I ISSUE , THE PREVIOUS ONE, ALTHOUGH THEY HAD THE ONE-STORY BUILDING , THEY ACTUALLY MADE THE BUILDING LOOK FOR THE EXTERIOR AS IF IT WAS TWO STORIES . IS THERE A REASON, AND YOU MAY NOT KNOW THE ANSWER TO THIS, IS THERE A REASON WHY THE CURRENT ONE COULD NOT DO THE SAME THING?

>> I HAVE A PICTURE. I'M TRYING TO FIND IT FOR YOU. JUST ONE SECOND. THIS IS A TALLER THAN NORMAL BUILDING SO IT IS A FIGHT. DO IT -- WE KNOW EXACTLY ?

>> THE ENTIRE THING IS 20 FEET? >> WRECKED. AS I SAID, IT HAS VAULTED CEILINGS. IS THAT CORRECT? IT IS A TWO-STORY MASS . IT'S JUST NOT A TWO-STORY STRUCTURE.

>> IS AT 20 FEET? THE PEAK? >> YES.

>> THE LITTLE TOWER ON THE LEFT. >> BUT THE LONG BUILDING IS 20 FEET? AND THEN THE TOWER IS HIGHER? OKAY. THANK YOU.

>> IT'S NOT SPECIFIC TO THE WARRANT. BUT IT'S ON THE SIDE.

I IMAGINE WHERE THIS IS IN RELATION TO THE MUNICIPAL COMPLEX . I KNOW ONE OF THE THINGS THAT WE'VE TALKED ABOUT IS PARTICULARLY ON THE FAR SOUTH END , BACK WHERE WE ARE LOOKING FOR POLICE AND SAFETY VEHICLES TO BE ABLE TO COME IN AND OUT.

IS THAT ROUTE IDENTIFIED IN YOUR? IS THAT SOMETHING THAT FITS ON THE SOUTH SIDE? OR COULD, AGAIN, I KNOW THIS IS SEPARATE FROM THE WARRANTS. I'M SORT OF LOOKING AT THE SITE.

WITH THE STATUS OF THAT? >> YES. THE DEVELOPMENT OF THE MUNICIPAL COMPLEX HAS BEEN APPROVED. WHICH INCLUDES THESE PUBLIC ROADS THROUGH THIS PROPERTY TO GEORGE BUSH. IN FACT, THERE'S ONE IN THE CENTER OF THIS PLAN. MADE PLANT ACCESS

FOR PUBLIC SAFETY. >> OKAY.

>> THAT'S ACTUALLY THE VERY BACK CORNER OF THE PARK ITSELF.

>> OKAY. I JUST WANTED TO MAKE SURE THANK YOU.

>> COUNSEL, ANY OTHER QUESTIONS? I DO HAVE A QUESTION FOR THE APPLICANT, IF I MAY. SO WHEN WE LOOK AT THESE MINOR WARRANTS, FIRST OF ALL I APPRECIATE YOU BEING HERE. AS YOU HEARD FROM MR. BAUER, THE COUNCIL HAS AN INTEREST YOU'VE HEARD OF ANOTHER COUPLE TONIGHT. WITH REGARD TO EACH OF THE MINOR WARRANTS I THINK I UNDERSTAND THE INTENTION BEHIND WHY THIS PARTICULAR REQUIREMENTS ARE IN PLACE. I THINK I GET THAT. SOME CURIOUS, WHAT SORT OF IMPACT WOULD HAVE IF YOU HAD TO ABIDE BY THESE FORM-BASED CODE PROVISIONS AS THEY ARE READY?

>> I GUESS IT DEPENDS ON EACH WHEN YOU'RE SPEAKING TO. ON THE ACCESS AND THE BLOCK LANES I SIMPLY DON'T KNOW. I WOULD LOOK

TO YOU GUYS. >> THE ACCESS, AS IT STANDS, BASED ON WHAT CHRISTOPH SAID , EVERY POINT OF INGRESS AND EGRESS HAS TO GO THROUGH THE MINOR WARRANT PROCESS. NOT THAT ONE SPECIFIC. BUT I THINK BLOCK SIZE AND CONFIGURATION, AS WELL AS THE OPEN SPACES, ARE IMPORTANT TO UNDERSTAND.

>> I APPRECIATE THAT. THE FIRST THING I WILL DO IS ASK WHAT YOU IS WHAT IS WHO THE BLOCK LANE. I THINK WHAT WE'VE DONE CERTAINLY MEETS THE INTENT BY SHORTENING OUR EFFECTIVE BLOCKS BY USING PRIVATE ERODES -- ROADS . I WOULD START ASKING YOU GUYS I THINK I SHOULD THAT ONE. JUST TO BACK IT UP, OUR GENERAL PROCESS HERE TO CONSIDER A BALANCE OF BEST PRACTICES. BY WAY OF FORM-BASED CODE AND THREE LENDING PLAN IN CONTEXT OF THE SITE. SO I THINK WHAT WE DID THERE WITH THE BLOCK AND ACCESS MAKE COMPLETE SENSE . THE THIRD ONE WOULD BE THE CLUBHOUSE, THE IMMENSITY SPACE. WE DON'T NEED THE SECOND FLOOR, WE DON'T WANT IT. OR MAYBE WE WOULD CREATE A SECOND. WE ARE TALKING ABOUT 20 FEET TALL. IT WOULD BE A BURDEN ON US. IT WOULD BE VERY

[02:15:06]

EFFICIENT USE FOR WHAT WE KNOW WE WANT AND WHAT WE THINK THE RESIDENTS ARE GOING TO WANT AND APPRECIATE. TO ME IT WOULD BE A MISALLOCATION OF RESOURCES. WE WOULD TAKE IT FROM THERE.

>> AND THEN WITH THE PARKS AND THE OPEN SPACE , THE OPEN SPACES IN FRONT OF THE WATER TOWER ABUTS A BUILDING ON THE SIDE EFFECTIVELY. THIS IS THE SOUTHERN PORTION OF THE DEVELOPMENT I THINK. SO IT DOES A BUT A BUILDING BUT NOT THE FRONT OF THE BUILDING. THE BUILDING IS NOT FACING OPEN

SPACE. >> THAT'S CORRECT. IT FRONTS THE SIDE OF THE BUILDING. IF YOU ARE LOOKING FOR AN TEMPTATION.

WE FELT LIKE THIS WAS AN OBVIOUS IMPROVEMENT . INITIALLY, WITHOUT REGULATING PLAN, HE TOLD US WHERE WE WANTED TO GO. WHICH IS KIND OF L SHAPED BEHIND THE WATER. WE WANTED TO MOVE THE OPEN SPACE, ONE OF THE OPEN SPACES AT THE MAIN INTERSECTION TO MAXIMIZE PUBLIC BENEFIT. I THINK THE PICTURE KIND OF TELLS IT ALL FOR US. TO YOUR QUESTION DIRECTLY, DOES FRONT THE SIDE OF THE BUILDING. WHILE I'M ON THE TOPIC I MAY AS WELL SPEAK TO THE OTHER OPEN SPACE. THE THOUGHT, THE INTENT THERE, AND FROM A PREVIOUS DISCUSSION WITH PREVIOUS STAFF REGIME WAS IN A RESPONSE TO THE REQUEST TO HAVE US DO OUR BEST TO CREATE GOOD PEDESTRIAN CIRCULATION FROM THIS WITH OUR MULTI FAMILY DEVELOPMENT AS WELL AS THE COMMERCIAL FRONT OF US TO THE PARK, WHICH WILL BE A NEW PARK. I THINK THAT MAKES A TON OF SENSE. LET'S SEE IF I HAVE A GOOD PICTURE FOUR. THE TOP RIGHT OF THE SCREEN HEARS THAT OPEN SPACE. IT'S A FOCAL POINT FOR THE PROPERTY BECAUSE THAT'S WHAT THE AMENITY CENTER IS. IT'S WHERE THE TERMINATED FIST IS BECAUSE IT'S A FEATURE FOR THE REGULATING PLAN. AGAIN, ADJACENT TO THE PARK. THEY WILL MEANDER THE SIDEWALK FURTHER TO THE OPEN SPACE TO CREATE THAT CONNECTIVITY TO THE PARK. FOR OUR RESIDENTS AS WELL AS THE

PUBLIC. >> THANK YOU, I THINK IT'S REALLY HELPFUL. TELL ME THIS, THIS ENTIRE PROJECT ORIGINALLY, ALL FOUR QUADRANTS IF YOU WILL OF THIS DEVELOPMENT , WERE ORIGINALLY ONE SINGLE PROJECT . RIGHT? WAS IT ALL GLOBAL SITE AT THAT POINT? BACK IN 2018 , 17, 16?

>> THE ENTIRETY OF WHAT WE ARE LOOKING AT HERE IS STILL ON TO SOUTH, WHICH IS ACTUALLY EAST , FRONTING THE BUSH. WE WILL FIGURE OUT TO DO A MIXED-USE. WE WERE TRYING TO SWAP THE MULTIFAMILY TO THE FRONT JUST TO MIX IT ALL TOGETHER AND MAKE SOMETHING THAT WORKED FOR US AND THE CITY. WE COULD GET THERE WITH STAFF. SO WE ENDED UP DROPPING THE FRONT AND JUST

STICKING WITH WHAT WE HAVE. >> I THINK THAT HELPS. WOULD YOU SAY THAT THIS DEVELOPMENT, BECAUSE I KNOW 190 MAINE WAS NOT DEVELOPED BY GLOBAL SITE, NOT DEVELOPED BY YOU ALL. IS THIS CONSISTENT IN TERMS OF WHEN WE LOOK AT THE ROADWAY LENGTHS, BLOCK LINKS AND THAT SORT OF THING? WOULD YOU SAY THIS IS CONSISTENT WITH THE 190 DEVELOP TO THE NORTH?

>> BEST I CAN TELL FROM THE ROAD NETWORK AND BLOCK STANDPOINT IT IS THE EXACT SAME. I THINK WE WOULD BE THE BEST IN CLASS. WHEN IT RELATES TO YOUR QUESTION, YES, IT IS THE EXACT SAME

FOLLOWING THE REGULAR PLAN. >> COUNCIL MEMBER?

>> AGAIN, INFORMATIONAL AND NOT SPECIFIC TO THE WARRANTS TONIGHT. FROM THE AERIALS AND THE OTHER THINGS COME ARE YOU PLANNING ON INTEGRATING TRAILS INTO THE MUNICIPAL COMPLEXTHAT WILL BE GOING BACK BEHIND THE PARK SINCE YOU ARE RIGHT THERE IN PROXIMITY TO IT? IS THAT SOMETHING ON THE PLAN THAT YOU

EVEN TALK ABOUT OR WHAT? >> IS THERE ANYTHING ELSE IN REGARDS TO THIS OR THE OTHER WARRANTS REGARDING THE QUESTIONS? IF NOT I WILL ENTERTAIN A MOTION. A MOTION FROM COUNCIL MEMBER BOWERS, IF YOU HIT YOUR RTS BUTTON I WILL

RECOGNIZE YOU. >> I MAKE A MOTION THAT WE

[02:20:02]

APPROVE THIS DEVELOPMENT. WARRANTS, SORRY. I MAKE A MOTION I APPROVE THESE MINOR WARRANTS.

>> IS THAT EFFICIENT, CITY ATTORNEY? EXCELLENT. THERE'S A RESOLUTION. THAT'S WHAT WE ARE IMPROVING. SECOND FROM COUNCILMEMBER REEVES? WE HAVE A MOTION IN A SECOND TO APPROVE THE MINOR WARRANTS AND RESOLUTIONS THAT ACCOMPANY THEM.

COMMENTS? DEBBIE MAYER? >> I JUST WANTED TO MAKE SURE THAT EVERYONE LISTENING AT HOME AND IN THE AUDIENCE UNDERSTANDS THAT WE ARE VOTING HERE ON THIS REQUEST FOR THE SPECIFIC WARRANTS . WE ARE NOT VOTING TO APPROVE THIS PROJECT. IT WAS ALREADY APPROVED BACK IN 2018 ANYBODY ON THIS COUNCIL , BEING ON THE COUNCIL PRIOR TO THE REQUIREMENT THAT A DEVELOPER COME TO THE COUNCIL FOR AN ISSUE TO BUILD MULTI FAMILY. BECAUSE OF HAD SEVERAL QUESTIONS ABOUT THAT FROM PEOPLE WHO JUST WANTED

TO MAKE SURE. >> CAN I GET ONE? I APOLOGIZE. I HAVE ONE MORE QUESTION. WE ARE LOOKING AT THE BLOCK LENGTHS AND ALL THAT KIND OF STUFF. DOES ANY OF THAT IMPACT ACCESSIBILITY FROM A FINANCIAL STANDPOIT OR ANY SORT OF EMERGENCY ACCESS?

>> ACTUALLY, GOING BACK TO THE OPEN SPACE , THAT SPUR OF THE ROAD IS REQUIRED BECAUSE A FIRE ACCESS. SO THIS HAS GONE TO THE REVIEW AND IS CONSISTENT BY THE FIRE CODE.

>> EXCELLENT. THANK YOU. THAT HELPS. COUNCIL, ANY OTHER COMMENTS BEFORE WE CALL THE VOTE ON THIS ITEM? LET'S CALL A

[7G. Consider action to approve a Tree Removal Permit on a property zoned Planned Development (Ordinance No. 004-24) requested by Kimley-Horn, Tyler Scott, P.E, on behalf of property owner Texas Enterprise Rowlett LP. The property is located northwest of the cul-de-sac of Enterprise Drive, consisting of Lot 6, Block 1, Rowlett Business Park, a portion of Lot 3, Block 1, Boyd & Kneggs Business Park Replat, and Tract 6 of the U Matthusen Abstract 1017 also described as all of Tract 1 to the Doreen Sue LiuzzI & Doreen Sue Luizze Family Trust Inst. No. 201700024931, in the City of Rowlett, Dallas County, Texas.]

VOTE. THE ITEM CARRIES BY A VOTE OF 5-1. WITH THAT, WE WILL MOVE ON TO ITEM 7G. CONSIDER ACTION TO APPROVE A TREE REMOVAL PERMIT ON A PROPERTY ZONE DEVELOPMENT UNDER ORDINANCE 004-24 REQUESTED BY KINLEY HORN, TYLER SCOTT, PE, LOCATED NORTHWEST OF ENTERPRISE DRIVE -- A PORTION OF

>> THIS IS A TREE REMOVAL PERMIT. IT IS AN INDUSTRIAL PROJECT THAT IS UNDER DEVELOPMENT. THE ONLY PIECE IT'S UNUSUAL ABOUT THIS IS THAT THEY CAME IN AND THEY APPLIED IN JANUARY 23RD. THEY WERE TOLD THEY NEEDED THAT PERMIT TO BE APPROVED BEFORE THEY REMOVE THE TREES. HOWEVER, THEY MOVED FORWARD AND REMOVE TREES SHORT THEREAFTER. THE TREES THAT THEY REMOVED ARE CONSISTENT WITH THE PERMIT . IT JUST HADN'T BEEN APPROVED AT THAT TIME. IT MATCHES THE ORIGINAL PLAN. IT IS A COMPLAINT PROCESS . THOSE ARE THE TREES THAT ARE BEING PRESERVED ON SITE AND THE PENALTIES FOR THE FUND IS $30,000. THAT IS THE TERMS OF THE CONDITION. YOU CAN SEE ON THE SITE TO THE BUILDING AT THEIR BUILDING. IT TAKES UP MOST OF THE SITE. THE TREES ARE DOWN THE EDGE WHICH REQUIRE PARKING AND ACCESS. THEY ARE REPLACING A NUMBER OF TREES AS WELL , PER THE PLAN. THAT'S 247 BRIDGES STILL TO BE MITIGATED. THE PLAN AND ZONING COMMISSION SAW THIS ON A RELEASE AND APPROVED IT,

5-1. ANY QUESTIONS? >> THANK YOU, CHRISTOPH.

QUESTIONS FOR STAFF? DEBBIE MAYER?

>> CHRISTOPH, DID THEY GIVE ANY REASON AS TO WHY THEY WENT AHEAD AND REMOVED THE TREES BEFORE THE APPROVAL OF THE PERMIT? DID THEY

NOT UNDERSTAND? >> LET'S ASK THE APPLICANT THAT QUESTION. IF YOU COULD STATE YOUR NAME AND CITY RESIDENTS.

>> 801 CHERRY STREET IN FT. WORTH, TEXAS. I'M REPRESENTING

[02:25:02]

THE APPLICANT AND THE OWNER. TO ANSWER QUESTION OF WHEN THE TREES WERE REMOVED , WE RECEIVED A DEVELOPMENT PERMIT PRIOR TO GETTING THE TREE REMOVAL PERMIT. WE WERE MADE AWARE THAT WE NEEDED THIS TREE REMOVAL PERMIT . WHETHER THAT STUCK INTO EVERYONE'S HEAD AT THE TIME, IT -- WE APPLIED AT THAT SAME DAY.

I GUESS I CAN'T SPEAK TO THE EAGERNESS OF THE CONTRACTOR TO REMOVE THE TREES. WE NEEDED THIS PERMIT, WE APPLIED. HONESTLY, IF IT HADN'T BEEN FOR A WEEK WE PROBABLY WOULDN'T BE IN THIS POSITION. A WEEK PRIOR TO WHEN WE ORIGINALLY SCHEDULED. THAT'S

ALL. >> SEE YOU APPLIED AND THE CONTRACTOR REMOVE THEM PREMATURELY?

>> RIGHT. >> OKAY. THANK YOU.

>> DID HAVE A PRESENTATION ALSO? >> I HAVE ONE ITEM I WOULD LIKE TO APPLY FOR THE RECORD. ONE OF THE QUESTIONS THAT CAME UP DURING PNC , THE REASON FOR THE VOTE OF OPPOSITION WAS THE COMMISSIONER WANTED US TO REPLANT A NUMBER OF TREES THAT WERE BEING REMOVED. AT THE TIME I DIDN'T HAVE THE FIGURE OF HOW MANY INCHES THEY WERE REPLANTING. SO I WOULD JUST LIKE TO ADD THAT. PLANTING WAS PART OF OUR LANDSCAPE PLAN. 182 CANOPY INCHES. AN ADDITIONAL 32 ORNAMENTAL TREE INCHES. FOR A TOTAL OF TWO AT 14 TREE INCHES. THE FIGURE FOR THE COMMISSIONER AT THE TIME SO I JUST WANTED TO PROVIDE THAT.

>> WAS THAT 182 INCHES OF CALIPER CANOPY TREES? AND 32 CALIBER INCHES OF ORNAMENTAL TREES?

>> YES. >> THANK YOU FOR THE FEEDBACK FROM THE MEETING AS WELL. COUNCIL, ANY OTHER QUESTIONS FOR THE STAFF OF THE APPLICANT ON THE OTHER SIDE OF THIS ITEM? IF THERE ARE NO QUESTIONS THEN I WILL ENTERTAIN A MOTION. OUR CITY ATTORNEY IS LETTING US KNOW THAT THERE'S A RESOLUTION.

>> I MOVE THAT WE APPROVE THE RESOLUTION GRANTING THE TREE

REMOVAL PERMIT. >> A SECOND FROM COUNCILMEMBER REEVES. ANY OTHER DISCUSSION OR COMMENTS? MISS THOMAS?

>> LET'S CLARIFY THE RESOLUTION ALSO GRANTS THE WAIVER

>> AUTHORITY IN THE RESOLUTIONS YOU NEED TO STATE THAT.

>> I HAVE A COMMENT. >> GO FOR IT.

>> I JUST WANTED TO SAY, LOOKING AT THE MAP HERE, IT LOOKS AS IF , AND MAYBE CHRISTOPH CAN CONFIRM THIS, A LOT OF THE BUILDINGS HERE DON'T HAVE ANY TREES AT ALL . IS THAT TRUE?

>> THAT'S CORRECT. >> THIS SO THIS FITS INTO, AND ACTUALLY IS BETTER THAN THE MAJORITY OF THEM THERE. THAT'S

WHY MADE THAT MOTION. >> THIS PARTICULAR DEVELOPMENT WAS ONE THAT I FIRST APPROVED WHEN I GOT ON COUNCIL. I REMEMBER THIS COMING BEFORE THE COUNCIL. I'M EXCITED TO SEE IT COME TO FRUITION. KIND OF AN INTERESTING PIECE OF PROPERTY IN TERMS OF LOCATION. I THINK IT'S GOING TO ADD QUITE A BIT TO THAT AREA AS WELL IS THE ROADWAY THAT CONNECTS TO LAKEVIEW PARKWAY.

THAT'S A REALLY GOOD CONDUCT FOR THAT SERIES OF STREETS AS WELL. I UNDERSTAND THAT YOUR PARTICULAR SITE MIGHT END UP BEING USED AS A CUT THROUGH IN SOME INSTANCES BY I THINK IT'S IMPORTANT TO HAVE ADDITIONAL EMERGENCY ACCESS AND THAT ADDITIONAL PART OF THE CITY. I'M REALLY HAPPY TO SEE THIS FINALLY COMING UP. COUNCILMEMBER?

>> I WANT TO VOICE MY APPRECIATION FOR THIS PROJECT.

IT'S BEEN OUT THERE FOR A WHILE. IT FITS THE SITE. IT'S A GREAT PROJECT. IT WILL BE AN ASSET TO THE CITY OF ROLLA. I APPRECIATE THE DEVELOPER COMING IN AND CHOOSING TO PUT THIS

FACILITY HERE. >> THE ONLY THING I WOULD ADD IS

[02:30:05]

TO PLEASE, PLEASE KEEP AN EYE ON YOUR CONTRACTORS AND MAKE SURE THIS DOESN'T HAPPEN AGAIN IN OUR CITY LIMITS. WITH THAT WAS CALLED A VOTE PLEASE. AND THAT ITEM CARRIES BY A VOTE OF 6-0.

[7H. Consider action to approve a resolution authorizing the purchase and installation of solar streetlights along Lakeview Parkway and Rowlett and Dalrock Roads, from Fonroche Lighting America Inc., through a HGACBuy cooperative contract, for a price not to exceed $2,898,483; authorizing the City Manager or his designee to negotiate and the Mayor to execute the purchase contract and the City Manager to further execute any other necessary and related documents; and providing an effective date.]

THANK YOU FOR YOUR INVESTMENT IN ROWLETT. WITH THAT, WE MOVE ON TO ITEM 7H. CONSIDER ACTION TO APPROVE A RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF SOLAR STREET LIGHTS ALONG LAKEVIEW PARKWAY AND GARLOCK ROAD, FROM LIGHTING AMERICAN INC. THREE HJC BY COOPERATIVE CONTRACT, FOR A PRICE NOT TO EXCEED $2,898,483 CONTRACT AND THE CITY MANAGER TO FURTHER EXECUTE ANY OTHER NECESSARY AND RELATED DOCUMENTS, AND PROVIDING EFFECTIVE DATE. COUNCILMAN BAUER?

>> THIS IS ABOUT LIGHTING. HE TALKED EARLIER ABOUT THE EXCITEMENT OF THE 2024 BOND ISSUE. ONE OF THE ITEMS, OF COURSE, WAS STREETLIGHTING FOCUSING INITIALLY .

>> CHRISTOPH, I WANT TO RECOGNIZE AND APPRECIATE OUR COMMUNITY DEVELOPMENT STAFF. IT WAS A LONG MEETING. YOU'VE ALL

BEEN HERE TO THE BITTER END. >> I WILL -- PRESENTATIONS NEXT

TIME. >> WILL GO THROUGH THE PROPOSED STREETLIGHT PLAN AND TALK ABOUT SOMETHING SLIGHTLY DIFFERENT THAN WE'VE SEEN BEFORE. BUT ALSO TO LET THE PUBLIC KNOW WHAT'S COMING BASED ON THE COUNCIL'S PREVIOUS CONVERSATION AND WHAT'S IN FRONT OF YOU. COUNCIL, ON THE COMMUNITY OF -- GENERAL OBLIGATION DEBT OUT OF THE BOND ISSUE LAST YEAR FOCUSING INITIALLY ON LAKEVIEW PARKWAY. BUT IF WE HAVE ADDITIONAL FUNDS TO SPEND IT ELSEWHERE WE HAVE BEEN LOOKING AT THAT OPPORTUNITY. HISTORICALLY, OF COURSE, WE LOOK AT STREET LIGHTS ARE TALKING ABOUT ENCORE LIGHTS. THAT'S OF COURSE A CHALLENGE YOU GO BACK AND RETROFIT THAT INTO AN EXISTING ENVIRONMENT. ESPECIALLY WHEN YOU HAVE A HEARTED INFRASTRUCTURE LIKE LAKEVIEW PARKWAY, HIGHWAY 66. SO WE LOOK FOR A DIFFERENT OPTION. SOMETHING THAT WAS MORE COST-EFFECTIVE AND CAN BE ACCOMPLISHED QUICKER. WE FOUND THIS OPTION OF SOLAR. WHICH IS ACTUALLY BEING ROLLED OUT IN OTHER AREAS OF THE STATE AND THE DFW AREA. IT CAN BE INSTALLED, ZERO ELECTRIC BILLS. VERY LOW MAINTENANCE. THIS WILL COME WITH A 10 YEAR WARRANTY ON THEM. AND WE HAVE SOME ABILITY TO ADJUST THE PROFILE AT THAT TIME. WE TALKED ABOUT THAT IN YOUR LAST WORK SESSION. WE ARE LOOKING AT TWO LIGHT FIXTURES.

UNFORTUNATELY, WE WILL AND TALK TO THE FRIENDS AT THE DEPARTMENT OF TRANSPORTATION AND THEY SAID THEY COULD NOT PUT THOSE IN. SO OUR PLAN FOR YOU TONIGHT IS ADJUSTING FROM THIS PLAN. THE COUNCIL DID SAY YOU WANTED 3000. SO WE'RE STICKING WITH THAT. AT THIS TIME WE HAVE ABOUT 140 FIXTURES. IT COST ABOUT $1.2 MILLION. IN ORDER TO TO THE EDGE , WITH THE REQUIREMENT WE ARE GETTING FROM D.O.T., WE BASICALLY HAVE TO DOUBLE THE NUMBER OF POLLS. PICK UP A LITTLE CLOSER TOGETHER. SO WE END UP WITH 255 FIXTURES OUT THERE. AND THE COST HAS INCREASED LITTLE BIT BECAUSE WE ARE DOUBLING THE NUMBER OF LIGHT POLES. NOT THE NUMBER OF LIGHTS. BECAUSE THE PREVIOUS ONES HAD ONE POLE, TWO LIGHTS. THIS IS ONE POLE, ONE LIGHT. IT LEAVES THE INTERSECTION LIGHTING IN PLACE. IF YOU GO OUT THERE NOW THERE ARE LIGHTS ON THE INTERSECTION. WE BELIEVE THOSE IN PLACE AND SUPPLEMENT FOR THE REST OF THE FACILITY. WE WILL ALSO NOT BE ABLE TO LIGHT THE BRIDGE. WE JUST DON'T HAVE THE INFRASTRUCTURE TO INSTALL THESE POLES ON THE BRIDGE. IT DOESN'T HAVE THAT BUILT INTO THAT BRIDGE INFRASTRUCTURE. BUT WE WILL GET THE REST OF HIGHWAY 66 FOR THIS PRICE AND THE NUMBER OF FIXTURES THAT ARE IDENTIFIED. WE ALSO LOOKED AT DALROCK AND ROWLETT.

WE HAVE EXISTING FIXTURES. AS YOU CAN SEE THE LIGHT , WITH THE ROAD IN THE CURRENT CONDITIONS, THESE LIGHTS ARE ON THE MEDIAN.

WE PROPOSE TO GO BACK INTO THE MEDIAN. THIS IS NOT A D.O.T.

ROAD SO WE HAVE MORE FLEXIBILITY ABOUT PLACEMENT. WE CAN PUT IN THE MEDIAN. ALSO, THE MEDIAN IS A LITTLE WIDER. THE LIGHTS THAT ARE CURRENTLY THERE NOW ARE SINGLE FIXTURES. LIGHTS ON ONE SIDE OF THE ROAD. WE HAVE PROPOSED TO REPLACE THOSE WITH DUAL FIXTURES. SO WHILE THE NUMBER OF POLES WILL NOT INCREASE SIGNIFICANTLY THE NUMBER OF LIGHTS IS ACTUALLY DOUBLED. 153 LIGHTS . SO THAT PRICE IS ABOUT $170,000. DALROCK ROAD, 65. THERE IS A COST ASSOCIATED WITH REMOVING ENCORE LIGHTS. THEY ARE UTILITY. NOTHING IS FOR FREE. WE DON'T KNOW EXACTLY WHAT THAT COST IS GOING TO BE. IT DEPENDS ON THE AGE OF THAT INFRASTRUCTURE. SO THEY ARE IN THE PROCESS OF DOING AN INVENTOR OF THE FIXTURES TO BE REMOVED AND THEN THEY WILL

[02:35:03]

GIVE US A PRICE FOR REMOVAL. YOU CAN SEE WE TRIED TO LEAVE SOME ROOM IN THE BUDGET TO COVER THAT COST. THERE WILL BE AN ENCORE SAVINGS. WE ARE CURRENTLY PAYING FOR THE ELECTRIC AND MAINTENANCE COST FOR EXISTING LIGHTS. SO THAT WILL BE SOMETHING THAT WE WILL NOT SEE MOVING FORWARD ONCE THOSE LIGHTS ARE REMOVED. IN THE NEXT STEPS OF GETTING THIS FIXTURES FROM ENCORE WE WILL FINALIZE THE CONTRACT. WE ARE WORKING WITH THEM NOT ONLY TO FINALIZE THE CONTRACT FOR THESE THREE PROJECTS BUT ALSO GET A PRICE LIST SO THAT WE CAN WORK WITH THEM ON PARTNERING WITH OTHER LIGHTING PRODUCTS. WE HAVE A COUPLE OF PARKS THAT MAY BENEFIT FROM THIS AS AN APPROACH. THE FOCUS WILL BE ON HIGHWAY 66 FIRST BECAUSE WE WILL HAVE TO WAIT FOR ENCORE TO REMOVE THE FIXTURES ALONG DALROCK AND ROWLETT. THOSE STREETS WILL GO DARK WHILE THOSE THINGS ARE REMOVED AND THEN WE WILL VERY QUICKLY COME IN AND PUT THE SOLAR LIGHTS IN PLACE.

THERE'S REPORTS THEY CAN MOVE FORWARD VERY QUICKLY. THEY CAN USE THE EXISTING BASIS ON DALROCK AND ROWLETT WHEN THEY CAN. ATTRACTING OTHER AREAS. SO THEY CAN -- 20 OR 30 LIGHTS PER DAY. SECOND VON VERY QUICKLY ONCE WE GET THINGS CLEARED OUT OF THE WAY AND LET THEM MOVE FORWARD. THAT'S QUESTIONS. WE HAVE REPRESENTATIVES . THEY HAVE STUCK IT OUT. I KNOW THEY HAVE BEEN FASCINATED BY ALL OF THE ZONING DECISIONS YOU'VE MADE BEFORE. WE HAVE JESSICA WITH US AND RYAN. THEY'VE BEEN WORKING VERY HARD. JESSICA IS ON MY CELL PHONE ALMOST EVERY DAY I WANT TO MAKE SURE THINGS ARE MOVING ALONG. THEY ARE BEYOND ME AS A

RESOURCE. >> THEY GIVE THE PRESENTATION.

THANK YOU. GOOD TO SEE YOU AGAIN. SINCE TML SINCE I HAVE SEEN YOU. THAT'S GREAT. A FEW QUESTIONS, CHRISTOPH. DO WE INSTALL POLES IN THAT LOCATION BECAUSE OF THE PROXIMITY OF THAT

TO THE ROADWAY? >> THERE IS EDGE INFRASTRUCTURE ALONG A LOT OF 66 ALL THE DESIGNERS HAVE TAKEN INTO CONSIDERATION AS PART OF THE SIGNING PROCESS.

>> TALKING ABOUT THE MURAL WALL. WILL THAT BE IN FRONT OF THE MIRROR WALL WERE BEHIND IT? OKAY. ALL RIGHT. IS THERE ANY RIGHT-OF-WAY ACQUISITION HAS TO TAKE PLACE TO GET THIS

INSTALLED? >> THEY ARE STAYING WITHIN THE

MEDIANS. >> DOES ANYTHING WITH DALROCK WERE ROWLETT ROAD CONFLICT WITH WHAT WE HAVE JUST SIGNED YOUR

OPINION? >> IT'S REALLY CONSISTENT PICK

>> UP WITH A CONSISTENT. >> IT'S LIKE WHAT WE DEFINED IN THE ENCORE CONTRACTS. VERY GOOD. I WANT TO JUST MENTION THAT WE ACQUIRED SOME LIGHTS FROM THEM, SOME SMALL LITTLE, WHAT ARE THEY CALLED, BUBBLE LIGHTS? THESE LITTLE STUDS. THAT'S RIGHT.

PISTOL STUDS. THEY ARE THESE LITTLE INGROUND LIGHTS THAT WE HAVE INSTALLED OUT HERE AT THE CROSSWALK IN DOWNTOWN ROWLETT.

THOSE THINGS ARE REALLY COOL. I GOT TO SEE THOSE IN PERSON AND IT'S REALLY GREAT TO SEE THEM INGROUND IN THE WAY THAT THEY WORK . COMPLETELY SOLAR. THEY CONNECT TO BLUETOOTH AND YOU CAN CHANGE THE COLORS AND ALL KIND OF STUFF. JUST ONE LITTLE FUN FACT ABOUT THIS COMPANY. IT'S NOT JUST THIS INDUSTRIAL STYLE STREETLIGHTING THEY HAVE OTHER THINGS AS WELL. COUNCILMEMBER

BRITTON? >> THANK YOU. WITH REGARD TO THE CAPACITY, AND I THINK WE TALKED ABOUT THIS IN THE WORK SESSION, IT LOOKS LIKE THE PANELS ARE LARGE ENOUGH THAT WE WOULD HAVE ENOUGH CAPACITY FROM DUSK TILL DAWN. RIGHT?

>> THAT'S CORRECT. >> SO WHAT IF WE GO THROUGH AN

EXTENDED >> REPORTER: OF EXTREME CLOUDINESS? IS THAT GOING TO BE IMPACTED?

>> I'M GOING TO TRY -- I WILL GO AHEAD AND LET YOU DO IT.

>> THINKS, CHRISTOPH. HI, CUSTOMERS. I AM JESSICA. FOR THE WEATHER STUDY THAT WE DO WITH OUR FIXTURES WE DO WEATHER DATA SPECIFIC TO ROWLETT. WE TAKE 10 YEARS OF WHETHER AND WE SIZE THE SYSTEMS ACCORDING TO THE WEATHER HERE. SO IF YOU DO HAVE CLOUDY WEATHER MULTIPLE WEEKS WE ARE NOT GOING TO LOSE LIGHT OR LIGHT LEVELS. THEY ARE NOT GOING TO TURN OFF. WE HAVE UNITS IN SEATTLE, WASHINGTON. SYRACUSE, NEW YORK .

>> THANK YOU. >> DEPUTY MAYOR?

>> I HAVE A COUPLE OF QUESTIONS. THIS ONE WOULD PROBABLY BE FOR

[02:40:06]

THEM. DON'T SIT DOWN. YOU HAVE AN ESTIMATE ON HOW LONG DALROCK AND ROWLETT ROAD WOULD BE DARK? HOW LONG IT WOULD BE BETWEEN THE TIME THAT THE LIGHTS ARE REMOVED AND THE NEW LIGHTS ARE

INSTALLED? >> WE HAVE BEEN IN COMING OCCASION WITH CONTRACTORS AND INSTALLERS. AT THE PROCESS THAT WE WILL WANT TO TAKE CARE OF QUICKLY. IT ALL DEPENDS ON THE TIMELINE FOR ENCORE AND HOW QUICKLY THEY CAN REMOVE THE

UNITS. BUT WE ARE READY TO GO. >> OKAY. I'M NOT ASKING WHEN, I'M NOT ASKING FOR A DATE, JUST ASKING HOW LONG WOULD IT BE BETWEEN WHATEVER TIME ENCORE GOT THE REMOVED AND WHEN YOU PUT THEM IN? AN ESTIMATE. I KNOW YOU CAN'T TELL ME EXACTLY.

>> AS SOON AS THEY ARE FINISHED WITH THE REMOVAL WE CAN COME IN

AND START THE PROCESS. >> YOU WOULD START MEALY? OKAY.

PEOPLE THAT ARE LIVING IN HOMES CLOSE TO ROWLETT ROAD OR DALROCK, WHETHER THERE WOULD BE AXIS LIGHT THAT WOULD BE IN THEIR YARDS OR IN THEIR HOMES. SHINING IN THEIR WINDOWS . ARE THE LIGHTS SITUATED SO THAT THEY WOULD NOT DO THAT?

>> THAT IS CORRECT. AND IT IS DARK SKY COMPLIANT. WE ARE DARK

SKY CERTIFIED AT 3000 KELVIN. >> MY LAST QUESTION IS, FOR THE CITY ATTORNEY, ABOUT THE CONTRACT . I WOULD ASSUME THE

REVIEW THAT? >> GO AHEAD MS. THOMAS.

>> IT'S THE PURCHASING CONTRACT THROUGH HOUSTON GALVESTON COOPERATIVE ASSOCIATION. OKAY. MY QUESTION WAS, IN LOOKING THROUGH IT, I SEE ALL OF THE DISCRIMINATION CLAUSES AND ALL OF THAT. MOST OF THE CONTRACTS, BECAUSE ACTUALLY READ THESE WHEN THEY ARE IN THE PACKET, BELIEVE IT OR NOT, USUALLY I SEE THE PROHIBITION ON THE TEXAS GOVERNMENT CODE 2274-002. UNLESS AS THE WRITTEN VERIFICATION ABOUT NOT HAVING A POLICY ABOUT FIREARM ENTITIES AND ALL THAT. AND I DIDN'T SEE THAT IN THIS ONE. SO I DON'T KNOW IF I JUST OVERLOOKED IT.

>> YOU PROBABLY DIDN'T. THEY PROBABLY BID THIS BEFORE THE LEGISLATION. THAT'S THE CONTRACT THAT'S THERE NOW.

>> SHOULD THAT BE ADDED TO THE STATE?

>> WILL HAVE ANY AUTHORITY CHASE THAT . WE TAKE THE CONTRACT AS

IT IS. >> REAVES, IF YOU'LL PUSH YOUR BUTTON AGAIN, I ACCIDENTALLY --

THERE WE GO. YEAH. >> I THINK WE CAN AGREE THIS WILL ALL MAKE OUR LIVES A LITTLE BRIGHTER, RIGHT? QUESTION ABOUT TRAFFIC DISRUPTION. FOR EITHER THE REMOVAL OF ENCORE POLES OR THE INSTALLATION OF THESE , DO WE ANTICIPATE ANY TRAFFIC DISRUPTION? I KNOW WE TALKED ABOUT THE WORK SESSION, BUT I, I CAN'T REMEMBER WHAT THE ANSWERS WERE ON THAT.

>> SO THE MAJORITY FOR ROWLETT ROAD, THE MAJORITY OF THAT WILL ALL BE DONE ON THE MEDIAN, AND IT WILL USE -- LANE BLOCKAGE IF NEEDED, BUT THEY'LL HAVE ACCESS TO THE MEDIAN, WHICH THE MAJORITY OF THAT WILL TAKE PLACE ON.

>> SOWS ON LANE BLOCKAGE, POTENTIALLY?

>> POTENTIALLY, YES. IT DEPENDS ON THE MEDIAN WITS. SOME AREAS, IT IS WIDER THAN OTHERS. SO, AND THEN THERE'S TURN LANES IN SOME

OF THE AREAS TOO. >> OKAY. AND THEN FOR STAFF, I THINK THERE'S ABOUT 250,000 ROUGHLY LEFT FROM THE BOND TO THE PRICE OF THE LIGHTING. I KNOW YOU SAID WE DON'T KNOW WHAT THE ACTUAL COST FOR THE ENCORE REMOVAL IS. IS THERE A BALLPARK? I MEAN, IS THAT, YOU THINK THAT'S ENOUGH CONTINGENCY

TO COVER THAT? >> FROM OTHER CUSTOMERS THAT I'VE WORKED WITH THAT HAVE GONE THROUGH SIMILAR PROCESS OF HAVING ENCORE REMOVE THAT SHOULD BE SUFFICIENT FUNDING TO HAVE

ENCORE REMOVE THOSE. >> THANK YOU.

>> COUNSEL , ANY OTHER QUESTIONS? I'M GOING TO LET

[02:45:07]

THIS SIMMER FOR A SECOND. I HEARD A, I HEARD A HOME DOWN AT THE END, SO. OKAY. ALL RIGHT. IF THERE'S NO OTHER QUESTIONS, THEN I WILL ENTERTAIN A MOTION. A MOTION FROM COUNCILMEMBER BRITTON. IF YOU HIT YOUR REQUEST. THERE WE GO.

>> OKAY, I MOVE THAT WE APPROVE THE RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF SOLAR STREET LIGHTS ALONG LAKEVIEW PARKWAY AND ROWLETT AND DALROCK ROADS .

>> ALL RIGHT, WE HAVE A MOTION BY COUNCIL NUMBER BRITTON, AND A SECOND BY COUNCIL MEMBER REAVES TO APPROVE THE ITEM AS PRESENTED. ANY DISCUSSION? ONE COMMENT THAT I HAVE FOR STAFF WOULD BE A REQUEST TO WORK WITH FONROCHE TO MINIMIZE THOSE DISRUPTIONS, I GUESS FONROCHE AND ONCOR, ACTUALLY, MINIMIZE THOSE TRAFFIC DISRUPTIONS. I THINK, I THINK IS A MEMBER REAVES MADE A REALLY GOOD POINT ABOUT LAYING BLOCKAGES AND THINGS OF THAT NATURE, AND IF WE CAN KEEP THOSE, YOU KNOW, BETWEEN THE NINE AND THREE TIMEFRAME, TRAFFIC IS A LITTLE BIT LATER, IF YOU WANT TO CALL IT LIGHT, THAT WOULD PROBABLY, YOU KNOW, BEATTY, THE LEAST DISRUPTIVE AS POSSIBLE. I KNOW THAT SOMETIME WE'VE HAD SOME ISSUES WITH SOME OF OUR OTHER STATEWIDE PARTNERS, TXDOT, WITH REGARD TO LANE CLOSURES AND THINGS LIKE THAT THAT HAPPEN AFTER 5:00 IN THE EVENING, AND IT REALLY DOES CAUSE SOME MAJOR SNARLS, SO IF WE COULD PLEASE WORK WITH THAT AS MUCH AS POSSIBLE, I KNOW THAT'S NOT A PART OF THIS CONTRACT, BUT THAT'S MY COMMENT. MS. THOMAS, DID YOU HAVE A COMMENT AS WELL?

>> I THOUGHT I HAD READ THIS. IT TOOK ME A MINUTE TO FIND IT, THOUGH. ARTICLE 21, SUBSECTION A OF THE HGAC CONTRACT SAYS THAT ANY ALTERATIONS, ADDITIONS, OR DELETIONS TO THE TERMS OF THE AGREEMENT WHICH ARE REQUIRED BY CHANGES IN LAW ARE AUTOMATICALLY INCORPORATED WITHOUT WRITTEN AMENDMENT, SO WE'RE GOOD.

>> VERY GOOD. THANK YOU. ALL RIGHT, WE HAVE A, COUNSELED RICK, WE HAVE A MOTION AND WE HAVE A SECOND. ANY OTHER COMMENTS? ALL RIGHT, LET'S CALL THE VOTE, PLEASE. COUNCILMEMBER BRITTON? THERE WE GO. AND THAT ITEM CARRIES BY A VOTE OF 6-0.

[7I. Consider action to approve a resolution authorizing a Potable Water Supply Contract with North Texas Municipal Water District (NTMWD), at the contracted rates, for a period of twenty (20) years; authorizing the City Manager or his designee to execute the contract and all necessary and related documents; and providing an effective date.]

ALL RIGHT, NEXT WE WILL MOVE ON TO ITEM 7I. CONSIDER ACTION TO APPROVE A RESOLUTION AUTHORIZING A POTABLE WATER SUPPLY CONTRACT WITH NORTH TEXAS MUNICIPAL WATER DISTRICT, NTMWD, AT THE CONTRACTED RATES, FOR A PERIOD OF 20 YEARS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT AND ALL NECESSARY AND RELATED DOCUMENTS, AND PROVIDING AN EFFECTIVE DATE.

IT'S THE, IT'S A DEPUTY CITY MANAGER SHOW TONIGHT.

>> YEAH. SO BEFORE YOU, WE HAVE A CONTRACT, AND THIS IS ACTUALLY VERY CONSISTENT WITH A LOT OF THE TERMS AND CONDITIONS THAT WE REVIEWED IN DETAIL WITH COUNSELED RICK BACK ON A WORK SESSION IN EARLY NOVEMBER. THEY HAVEN'T MADE SOME CHANGES, WHICH I'LL GO OVER IN MORE DETAIL, BUT OTHERS I'LL GO OVER WITH A LITTLE MORE RAPIDITY. BUT THIS IS NORTH TEXAS MUNICIPAL WATER DISTRICT. WE HAVE BEEN WITHOUT A CONTRACT SINCE MAY 3RD OF 2024, AND WE'VE BEEN OPERATING UNDER THAT, THE TERMS OF THAT CONTRACT SINCE THAT TIME. WELL WE'VE BEEN WORKING WITH OTHER CUSTOMERS TO NEGOTIATE THE FINAL TERMS OF THE CONTRACT. I DO BELIEVE THAT WE HAVE A CONTRACT THAT IS BETTER IN A NUMBER OF WAYS THAN WHAT WE TALKED ABOUT THIS BACK ON NOVEMBER 3RD, BUT ALSO CAPTURES SOME OF THE BENEFITS THAT WE TALKED ABOUT AT THAT TIME. MAJOR CHANGES HAVE TO DO WITH THE PREMIUM ISSUE, WHICH WE TALKED ABOUT. THAT HASN'T CHANGED SIGNIFICANTLY. THE NATURAL DRAWDOWN AND THE -- NUMBERS HAS A LITTLE BIT. TALK ABOUT THAT. AND THEN OF COURSE WE HAVE SOME ADDITIONAL INFORMATION ABOUT CONSERVATION AND THE DAILY MAXIMUM ISSUE. SO AS YOU ARE ALL AWARE, WE HAVE AN ENEMA, ANNUAL MINIMUM VOLUME, WHICH IS ESTABLISHED BY OUR HIGHEST HISTORICAL VOLUME. SO AS WE'VE, YOU KNOW, RATCHET UP, THAT OUR LOCKS IN, AND WE'RE REQUIRED TO PURCHASE THAT AMOUNT MOVING FORWARD. THAT'S THE WAY THE CONTRACT WAS FOR THE LAST CONTRACT, AND THAT'S ONE OF THE ISSUES WE'VE BEEN TALKING ABOUT CHANGING OVER TIME. SO WITH THIS CONTRACT DOES IS IT SETS FORTH A LEGACY VOLUME, WHICH OCCURS AT WHAT OUR -- ANNUAL MAXIMUM, MINIMUM VALUE, +5% ON FY 28. AND THIS IS REALLY RELATED TO THE PREMIUM. SO OUR CURRENT PREMIUM IS FIVE CENTS PER THOUSAND.