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[1. CALL TO ORDER ]

[00:00:19]

>> THIS MEETING MAY NEED TO BE CONVENED IN CLOSED SESSION FOR SEEKING LEGAL ADVICE ON ANY AGENDA ITEM HEREIN. THE CITY OF ROWLETT RESERVES THE RIGHT TO RECONVENE ON REGULAR SESSION OR CALL EXECUTIVE SESSION OR ORDER OF BUSINESS AT ANY TIME PRIOR TO ADJOURNMENT DUE TO THE PUBLIC HEALTH PHERPBL AND TO CONFORM WITH SOCIAL DISTANCING REQUIREMENT THE CITY COUNCIL MEETING WILL BE HELD VIA TELECONFERENCING. IT CAN BE VIEWED LIVE ON THE CITY'S WEBSITE. TO LISTEN TO THE MEETING LIVE CALL 888-550-3932 AND INTERMEETING 1607808379. BEFORE WE GET STARTED, SORRY, GO AHEAD.

PEOPLE WONDER WHY I'M RUNNING THE MEETING. OUR MAYOR HAD A ROOT CANAL TODAY AND IS HAVING TROUBLE SPEAKING FOR LONG PERIODS OF TIME SO SHE PICKED THE WORDIEST AGENDA FOR ME TO GET TO READ. SO THANK YOU. I DIDN'T HAVE WATER SO I WENT AND MADE SURE I GOT SOME. WE HAVE TWO EXECUTIVE SESSIONS ON THE AGENDA TONIGHT.

WE WILL DO THOSE AFTER THE REGULAR MEETING. AND SO OUR FIRST I THINK WE HAVE TERESA HERE TO DO OUR INVOCATION. SO, TERESA, THANK YOU FOR BEING

HERE. WE'LL TURN IT OVER TO YOU. >> THANK YOU SO MUCH FOR THE INVITATION. IT IS AN HONOR TO BE HERE TONIGHT AND OPEN US IN PRAY.

HOLY AN LOVING GOD, WE ARE GRATEFUL FOR THIS COMMUNITY, FOR THE CHILDREN, THE YOUTH, THE ADULTS, THE SENIOR CITIZENS, THE FAMILIES, THE SINGLES, THE BUSINESSES, THE CHURCHES, THE SCHOOLS, THE CITY STAFF, THE VOLUNTEERS, OUR EMERGENCY RESPONDERS AND, GOD, WE ARE GRATEFUL FOR THE MAYOR AN FOR COUNCIL. WE RECOGNIZE THAT THE PEOPLE LEADING US TONIGHT GIVE SO WILLINGLY OF THEMSELVES. WE RECOGNIZE THAT THEY ARE OFTEN THE RECIPIENTS OF HARSH AND UNFAIR CRITICISMS. WE RECOGNIZE THAT OUR MAYOR AND COUNCIL, CITY LEADERS AND ALL THOSE PRESENT IN PERSON TONIGHT OR ONLINE ARE ALL ON TEAM ROWLETT. HELP EVERY VOICE TO BE HEARD, HELP THOSE WHO DISAGREE TO REMEMBER THAT WE DISAGREE WITH IDEAS, WE DO NOT ATTACK PEOPLE. HELP US TO BE GRATEFUL FOR THE TIME AND ENERGY THAT THESE PEOPLE GIVE TO BETTER OUR COMMUNITY.

LORD, WE PRAY FOR EACH MEMBER OF THIS COUNCIL, FOR OUR MAYOR, FOR ECH PERSON SEATED BEFORE US.

WE PRAY FOR THEM TO HAVE CLARITY OF THOUGHTS, UNITY OF PURPOSE AN JOY IN LEADERSHIP.

WE ASK THAT THEY HAVE EVER BEFORE THEM THE FACES AND THE NEEDS OF THE PEOPLE OF THIS COMMUNITY, AND WE ASK THESE THINGS IN YOUR NAME. AMEN.

>> THANK YOU. ALL RIGHT. SO FIRST THING WE IRE GOING TO

[5A. Presentation of proclamation recognizing the week of October 19-23, 2020 as Chamber of Commerce Week in Texas. ]

DO IS OUR PRESENTATION AND PROCLAMATION. FIRST IS RECOGNIZING THE WEEK OF OCTOBER 19-23, 2020 AS CHAMBER COMMERCE WEEK IN TEXAS. WE HAVE THE EXECUTIVE DIRECTOR OF THE ROWLETT CHAMBER OF COMMERCE JOINING US TONIGHT. THANK YOU FOR BEING HERE.

DO YOU WANT TO SAY ANYTHING WHILE I PULL UP THE PROCLAMATION?

>> SURE, MATT, I WILL. THANK YOU FOR DOING THIS PROCLAMATION.

IT MEANS A LOT TO US AS A CHAMBER AND TO THE BUSINESS COMMUNITY.

I WILL TELL YOU IN MY SHORT 3 1/2 YEARS AS PRESIDENT OF THE CHAMBER, I DISCOVERED WE HAVE A UNIQUE RELATIONSHIP WITH OUR CITY THAT LOTS OF OTHER CHAMBERS IN CITIES DON'T HAVE.

FOR THAT I AM VERY GRATEFUL AND THANK ALL OF YOU. >> WE APPRECIATE YOU AND THE PARTNERSHIP THAT WE HAVE. BRIAN, DO YOU WANT TO SAY ANYTHING OR ANYBODY FROM STAFF

WANT TO SAY ANYTHING BEFORE I READ OUR PROCLAMATION? >> ONLY THING I WOULD LIKE TO ADD, MATT, IS THAT WE DO HAVE A GREAT RELATIONSHIP WITH THE CHAMBER.

I REALLY WOULD LIKE TO PERSONALLY THANK MICHAEL AND THE CHAMBER FOR THEIR WORK DURING THIS COVID-19 PANDEMIC. THEY HAVE JUST DONE AN OUTSTANDING JOB EDUCATING OUR

[00:05:02]

BUSINESS COMMUNITY, REALLY PARTNERING WITH US TO MAKE SURE WE GET THE MESSAGE OUT.

IT HAS JUST BEEN AN AMAZING BODY OF WORK THAT THEY HAVE DONE THIS YEAR.

SO THANK YOU. >> I AGREE. WITH THAT I'M GOING TO READ THE PROCLAMATION DESIGNATING TEXAS CHAMBER OF COMMERCE WEEK. WHERE AS MORE THAN 600 LOCAL CHAMBERS OF COMMERCE IN TEXAS DISTINGUISH THEMSELVES AS THE VOICE OF BUSINESS IN OUR STATE AND WHEREAS THE WORK ACCOMPLISHED BY THESE LOCAL CHAMBERS HAS BENEFITTED OUR STATE THROUGH THEIR ECONOMIC DEVELOPMENT AND COMMUNITY DEVELOPMENT PROGRAMS CAUSING TEXAS TO BECOME AN ECONOMIC POWER AND WHERE AS LOCAL CHAMBER OF COMMERCE INCLUDING THE ROWLETT CHAMBER OF COMMERCE HAVE DISTINGUISHED THEMSELVES TO THE PROMOTION OF THEIR LOCAL COMMUNITY, LAYING THE FOUNDATION FOR MANY COMMUNITIES AND CONTRIBUTING TO A BETTER FUTURE FOR ALL TEXANS BY FOSTERING JOB CREATION, QUALITY GROWTH AND DEVELOPMENT, IMPROVING WORK FORCE AND EDUCATION, SERVING AS VISITOR INFORMATION CENTERS AND WHEREAS THE ROWLETT CHAMBER OF COMMERCE HAS ADVOCATED ON BEHALF OF THE BUSINESS COMMUNITY AT THE FEDERAL, STATE AND LOCAL LEVEL AND HAS PROVIDED ON GOING EDUCATIONAL OPPORTUNITIES FOR THE BUSINESS COMMUNITY, AS WELL AS BEING THE VOICE OF CALM AND REASON AND THE SOURCE FOR INFORMATION, EDUCATION AND SUPPORT DURING UNCERTAIN TIMES OF CRISIS AND WHEREAS, EACH YEAR A WEEK IN OCTOBER IS DEDICATED TO CELEBRATING THE ACHIEVEMENTS OF MORE THAN 600 LOCAL CHAMBER OF COMMERCES IN TEXAS AND ROWLETT. WE ALSO TAKE THIS TIME TO RECOGNIZE AN SHOW SUPPORT FOR OUR LOCAL CHAMBER OF COMMERCE AND WHERE AS THE CITY OF ROWLETT IS PROUD TO PARTNER WITH THE ROWLETT CHAMBER OF COMMERCE AND VISITORS CENTER WHICH HAS EXISTED IN ROWLETT SINCE 1924 AND WAS INCORPORATED IN 1974. NOW THEREFORE BE IT RESOLVED THAT THE ROWLETT CITY COUNCIL PROCLAIMS THE WEEK OF OCTOBER 19-23, 2020 BE RECOGNIZED AS TEXAS CHAMBER OF COMMERCE WEEK IN ROWLETT TEXAS AND ENCOURAGE ALL RESIDENTS OF ROWLETT AND SURROUNDING COMMUNITIES TO RECOGNIZE THE VITAL AND CONSTRUCTIVE ACCOMPLISHMENTS OF THE ROWLETT CHAMBER OF COMMERCE WHICH IS CRUCIAL TO THE PAST, PRESENT AND FUTURE DEVELOPMENT OF OUR GREAT COMMUNITIES.

IN OFFICIAL RECOGNITION. THERE'S NOT -- THAT DIDN'T END LIKE THEY USUALLY DO.

THANK YOU, MICHAEL, FOR EVERYTHING THAT YOU ALL DO. THANK YOU FOR WHAT THE CHAMBER DOES. WE REALLY APPRECIATE YOU AND LOOK FORWARD TO GOOD THINGS TO

COME. >> APPRECIATE THAT, MATT. THANK YOU.

>> ALL RIGHT. ITEM 5B PRESENTATION OF PROCLAMATION RECOGNIZING OCTOBER

[5B. Presentation of proclamation recognizing October as National Disability Employment Awareness Month. ]

AS NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH. WE HAVE WITH US TWO MEMBERS OF THE ROWLETT DIVERSITY AND EQUITY AND INCLUSION COMMISSION TO HELP US WITH THIS.

I'D LIKE TO RECOGNIZE RYAN KHALIL AND I APOLOGIZE IF I BUTCHER YOUR NAME IS IT FALERIA

HOLLAND. I TRULY APOLOGIZE. >> NO WORRIES.

WE HAVE DENISE YOUNG. >> THANK YOU FOR JOINING US. >> I WANT TO SAY THANK YOU TO THE CITY AND THE MAYOR FOR THIS PROCLAMATION ACKNOWLEDGING THE MONTH OF OCTOBER 2020 AS NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH. THEIR THEME IS INCREASING ACCESS AND OPPORTUNITY. THIS YEAR IS THE NATION'S 75TH OBSERVANCE OF THIS AND IT CULMINATES THE DEPARTMENT'S COMMEMORATION OF THE 30TH ANNIVERSARY OF AMERICANS WITH DISABILITY ACT. AND LOOKING BEYOND THIS, A VIGOROUS ECONOMIC REBOUND AND JOB GROWTH ALONG WITH THE AMERICANS WITH DISABILITY ACT INCREASE ACCESS AND OPPORTUNITY FOR AMERICANS WITH DISABILITIES. AS A DISABILITY ADVOCATE, I WANT TO SAY PEOPLE WITH DISABILITIES ARE EXPERIENCED PROBLEM SOLVERS AND HAVE A PROVEN ABILITY TO ADAPT.

OUR MOTTO IS, THERE IS NOTHING THAT WILL IMPROVE FOR US WITHOUT US.

SO THIS IS IMPORTANT IN FORGING AHEAD FOR AMERICA, AND THANK YOU.

>> THANK YOU. TAMMY, DO YOU WANT TO SAY SOMETHING?

I KNOW YOU ARE THEIER LIAISON FOR THIS BOARD. >> I'M JUST SO HAPPY WITH ALL

[00:10:09]

THE WORK THAT THIS BOARD HAS BEEN DOING AND ALL THE PLANS THEY HAVE IN PLACE.

FALERIA IS ONE OF MANY, AS IS DENISE, THAT ARE ON THIS BOARD. FALERIA HAS OBVIOUSLY AN IMPORTANT FOCUS ON DISABILITIES AND HELPS US ALL IN THAT AREA. WE APPRECIATE YOU SO MUCH.

READ THE PROCLAMATION. >> THANK YOU. PROCLAMATION RECOGNIZING THE 75TH ANNIVERSARY OF NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH, 30TH ANNIVERSARY IN THE ENACTMENT OF THE AMERICAN DISABILITY ACT OF 1990. WHERE AS, OCTOBER 2020 MARKS THE 75TH ANNIVERSARY OF NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH AND JULY 26, 2020 MARKS THE 30TH ANNIVERSARY OF THE ENACTMENT OF THE AMERICANS WITH DISABILITY ACT 1990.

WHERE AS THE PURPOSE OF THE NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH IS TO EDUCATE ABOUT DISABILITY EMPLOYMENT ISSUES AND CELEBRATE THE MANY AND VARIED CONTRIBUTIONS OF AMERICANS WORKING WITH DISABILITIES AND WHERE AS THE HISTORY OF NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH TRACES BACK TO 1945 WHEN CONGRESS ENACTED A LAW DECLARING THE FIRST WEEK IN OCTOBER EACH YEAR NATIONAL EMPLOYEE PHYSICAL HANDICAPPED WEEK.

IN 1962, THE WORD TYPICALLY WAS REMOVED TO ACKNOWLEDGE THE EMPLOYMENT NEEDS AND CONTRIBUTIONS OF INDIVIDUALS WITH ALL TYPES OF DISABILITIES. IN 1988, CONGRESS EXPANDED THE WEEK TO A MONTH AN CHANGED IT TO NATIONAL DISABILITY AWARENESS MONTH.

WHERE AS THE GOALS OF THE ADA INCLUDE EQUALITY OF OPPORTUNITY, ECONOMIC SELF-SUFFICIENTLY AND INDEPENDENT LIVING AN WHERE AS THE AD ARCH HAS PLAYED A HISTORIC ROLE IN ENABLING PEOPLE WITH DISABILITIES TO FULLY PARTICIPATE IN ALL ASPECT OF SOCIETY BY REMOVING BARRIERS TO EMPLOYMENT, PUBLIC SERVICE, PUBLIC ACCOMMODATIONS, PUBLIC AND PRIVATE TRANSPORTATIONS, TELEWORK, WEBSITES, ONLINE SYSTEMS, MOBILE APPS AND OTHER FORMS OF INFORMATION AND COMMUNICATION TECHNOLOGY. AND WORK PLACES ARE A CRITICAL PART OF OUR EFFORTS TO BUILD AN INCLUSIVE COMMUNITY AND STRONG ECONOMY AND ACTIVITIES DURING THIS MONTH WILL REINFORCE THE VALUE AND TALENT PEOPLE WITH DISABILITIES ADD TO OUR WORK PLACE AND COMMUNITIES.

THEREFORE BE IT RESOL FRED ON BEHALF OF OUR MAYOR, MAYOR OF THE CITY OF ROWLETT AND ON BEHALF OF THE ROWLETT CITY COUNCIL DO HEREBY CALL UPON ALL EMPLOYEES AND OTHER ORGANIZATIONS IN ROWLETT TO OBSERVE THIS MONTH WITH APPROPRIATE PROGRAMS AND ACTIVITIES AND TO ADVOCATE THIS IMPORTANT MESSAGE THAT PEOPLE WITH DISABILITIES ARE EQUAL TO

THE TASK THROUGHOUT THE YEAR. >> THANK YOU FOR BEING HERE AND THANK YOU FOR ALL THE WORK THAT YOU DO ON OUR BOARD. I MEAN, THAT WAS ONE THAT THE MAYOR REALLY WAS PASSIONATE ABOUT. I AGREE WITH HER WHOLE HEARTEDLY.

YOU HAVE BEEN DOING SOME REALLY GREAT THINGS. SO THANK YOU ALL FOR BEING HERE.

>> THANK YOU. ALL RIGHT. ANYTHING ELSE THERE?

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

5C UPDATE FROM CITY COUNCIL AND MANAGEMENT ON FINANCIAL POSITION, MAJOR PROJECTS, OPERATIONAL ISSUES, UPCOMING DATES OF INTEREST AND ITEMS OF COMMUNITY INTEREST.

ANYBODY ON COUNCIL HAVE ANYTHING THEY WANT TO ANNOUNCE? ANYBODY ON STAFF HAVE ANY

ANNOU ANNOUNCEMENTS? >> WE DO, MATT.

JUST A REMINDER FOR EVERYBODY THAT TRUNK OR TRITE IS COMING OCTOBER 31ST.

FROM 5:30 TO 8:30 P.M. WE'RE GONNA DO THIS AT THE WET ZONE AREA DOWN THERE.

WHAT I WANT TO REMINE EVERYBODY IS THEY DO NEED TO REGISTER FOR IT.

I THINK ANGIE WAS TELLING ME THAT EARLIER TODAY WE'VE GOT UP TO 150 PEOPLE SIGN UP FOR THIS.

THERE'S A LOT OF PEOPLE. YOU WON'T BE ALLOWED TO GET OUT. YOU WILL DRIVE THROUGH.

HOPEFULLY, YOU'LL TREAT YOUR KID AND TAKE THEM DOWN THERE. SO, AGAIN, JUST A REMINDER, TRUNK OR TREAT. YOU CAN REGISTER ON OUR WEB PAGE THERE.

JUST WANT TO REMINE EVERYBODY. THANK YOU, MATT. >> THANK YOU.

MARTHA? >> YES. I HAVE AN IMPORTANT UPDATE FOR THE COMMUNITY ON THE LONG AWAITED ELECTRONICS RECYCLING AND DOCUMENT SHREDDING EVENT.

COMING UP THIS SATURDAY FROM 9 A.M. TO 1 P.M. WE HAVE SLATED THIS EVENT TO

[00:15:05]

HAPPEN AT THE RED ZONE PARKING AREA. HOWEVER, I JUST WANT TO GIVE YOU A HEADS UP THAT WE ARE IN COMMUNICATIONS WITH GIC TO SEE IF WE CAN USE THE ROWLETT HIGH SCHOOL PARKING LOT DUE TO THE OVERWHELMING RESPONSE THAT THE CITY HAS HAD WITH EARLY VOTERS.

WE'VE HAD ALMOST 10,000 PEOPLE VOTE SO FAR. THAT WAS WHEN I WAS THERE THIS MORNING AT 9. THAT WAS THE NUMBER. I'M SURE IT'S FAR MORE BY NOW.

IF THAT TREND CONTINUES, WE CAN HAVE A PRETTY BIG TRAFFIC JAM ON SATURDAY, WITH VOTERS TRYING TO GET IN AND ALL OUR DRIVE-THRU RECYCLING EVENT. SO IT IS NOT CONFIRMED YET THAT WE CAN USE THE ROWLETT HIGH SCHOOL PARKING LOT BUT I WOULD JUST SAY TO EVERYONE, WHEN YOU TURN ON THE MAIN STREET, TAKE A LOOK AT THE ROWLETT HIGH SCHOOL CAMPUS THERE TO YOUR RIGHT.

IF WE ARE ABLE TO HOLD IT THERE, SIGNAGE WILL BE OUT. WE WILL HAVE PEOPLE DIRECTING TRAFFIC. YOU WILL TURN INTO THE HIGH SCHOOL.

IF NOT JUST KEEP ON GOING AND TURN IN TO THE COMMUNITY CENTER PARKING LOT AND THERE WILL BE PEOPLE TO DIRECT YOU BACK TO THE WET ZONE AREA. WE ARE HOPEFUL TO HAVE IT AT THE ROWLETT HIGH SCHOOL. JUST KEEP A LOOK OUT FOR THAT. WE'LL SEE YOU SATURDAY.

BRYNN ALL OF YOUR ELECTRONICS THAT ARE END OF LIFE AND YOUR DOCUMENTS TO BE SHREDDED.

LOOK FORWARD TO SEEING YOU. >> THANK YOU, MARTHA. BRO

BROWNIE? >> YES. ALMOST THE SAME TIME MARTHA IS HAVING THAT, HERS IS 9 TO 1. FROM 10 TO 2 I WILL BE THERE WITH OFFICER DANA REEVES COLLECTING OLD PRESCRIPTIONS, OLD DRUG, ANYTHING YOU DON'T NEED, WANT TO GET RID OF.

NATIONAL PRESCRIPTION TAKE BACK DAY. WE'RE GOING TO BE THERE.

WHEREVER MARTHA IS, WE WILL BE THERE PICKING UP ALL YOUR DRUGS AND EVERYTHING.

WE WILL BE ABLE TO TAKE SHARPS, NEEDLES, THAT SORT OF STUFF. THOSE ARE VERY DIFFICULT TO GET RID OF, BUT WE CAN TAKE THEM. SO BRING THEM, IF YOU'VE GOT THEM.

YOU CAN THROW THEM AWAY, TOO. THIS HAS BEEN VERY, VERY SUCCESSFUL IN ROWLETT, AND WE KEEP THINKING THAT, OKAY, SO WE'VE COLLECTED EVERYTHING. NO, WE HAVEN'T.

EVERY YEAR IT SEEMS TO GET BIGGER. SO, PLEASE, BRING THEM OUT.

IF YOU'RE WONDERING WHAT HAPPENS TO THEM, THEY'RE BOXED UP THAT AFTERNOON.

THEY ARE CARRIED OVER TO INTERSTATE 35 OVER THERE AND THEY ARE INCINERATED, BOX AND ALL. SO EVERYTHING GOES AWAY. BRING THEM BY.

>> THANK YOU. >> I HAVE A QUICK QUESTION FOR THE RECYCLING FOLKS.

WHAT CAN YOU POSSIBLY DO WITH BATTERIES? I'M NOT TALKING ABOUT CAR BATTER REUS. I'M JUST TALKING ABOUT REGULAR BATTERIES?

HOME DEPOT USED TO TAKE THEM BUT THEY DON'T ANYMORE. >> THOSE ARE REALLY DEPENDENT ON WHAT TYPE OF BATTERIES THEY ARE. IF THEY ARE ALKELINE BATTERIES YOU CAN THROW THEM AWAY IN YOUR REGULAR TRASH. IF THEY'RE RECHARGEABLE BATTERIES, THEY DO NEED TO BE RECYCLED. IF YOU WANT TO BRING THOSE TO US, CELL PHONE BATTERIES, WE'LL MAKE SURE THEY ARE DISPOSED OF PROPERLY. CAR BATTERIES AS WELL.

WE'LL TAKE THOSE. >> OH, YOU DO TAKE THOSE? >> WE DO.

>> ANY OTHER QUESTIONS OR ANNOUNCEMENTS? ALL RIGHT.

NEXT ITEM IS CITIZEN INPUT. DID WE HAVE ANYBODY CALL IN OR ON THE LINE THAT WOULD LIKE TO GIVE CITIZEN INPUT? WE DO HAVE ONE CITIZEN INPUT BUT IT'S FOR THE PUBLIC HEARING THAT WILL TAKE PLACE LATER. IF WE HAVE ANY, WE'LL TAKE THOSE NOW.

>> WE DIDN'T HAVE ANY. >> OKAY. >> NEXT ITEM IS OUR CONSENT

[7. CONSENT AGENDA ]

AGENDA, A SERIES OF MOTIONS THAT CAN BE ACTED UPON UNDER ONE MOTION.

ANY CITY COUNCIL MEMBER MAY BE ITEMS TO BE REMOVED FOR INDIVIDUAL CONSIDERATION.

COUNCIL HAS CHOSEN NOT TO REMOVE ANY ITEMS FROM THE CONSENT AGENDA.

IF THERE'S ANYBODY IN THE AUDIENCE THAT WOULD LIKE TO HAVE ONE REMOVED THEY CAN SPEAK UP NOW. ALL RIGHT. ALL YOU, LAURA.

>> APPROVING MINUTES. 7B CONSIDERING RESOLUTION APPROVING A GRANT APPLICATION

[00:20:04]

FOR AN OUTDOOR CAMPOUT EVENT. 7C CONSIDER A RESOLUTION APPROVING THE PURCHASE OF INFORMATION TECHNOLOGY STORAGE, MAINTENANCE AND SUPPORT. 7D, CONSIDER A RESOLUTION AMENDING AND ADOPTING THE CITY'S INVESTMENT POLICY. 7E CONSIDER A RESOLUTION APPROVING AN AGREEMENT FOR CONSTRUCTION IMPROVEMENTS FOR BRIDGE.

7F, CONSIDER A RESOLUTION APPROVING A CONTRACT RENEWAL FOR PAVEMENT LEVELLING SERVICES.

7G, CONSIDER A RESOLUTION APPROVING A TASK AUTHORIZATION FOR PROJECT MANAGEMENT SERVICES.

7H, CONSIDER A RESOLUTION APPROVING A TASK AUTHORIZATION FOR ENGINEERING AND DESIGN SERVICES. 7I, CONSIDER A RESOLUTION APPROVING CONTRACT FOR PUBLIC SAFETY SOFTWARE MAINTENANCE AND SUPPORT SERVICES. AND 7J, CONSIDER A RESOLUTION FOR FIRE APPARATUS REPAIRS AND MAINT MAINTENANCE.

>> THE CONSENT AGENDA ITEM READ INTO THE RECORD. >> DO WE HAVE A SECOND?

>> SECOND. >> WE HAVE A MOTION AND SECOND. RAISE YOUR HAND IF YOU APPROVE.

[8. INDIVIDUAL CONSIDERATION ]

>> NOW WE HAVE ONE ITEM ON INDIVIDUAL CONSIDERATION. ITEM 8A CONDUCT A PUBLIC HEARING AND MAKE A RECOMMENDATION TO CITY COUNCIL REGARDING AMENDMENTS TO THE FORM BASED CODE AND THE NORTH SHORE FRAME WORK PLANS TO, ONE, REQUIRE SPECIAL USE PERMITS FOR MIXED RESIDENTIAL BUILDING TYPES AND MULTIFAMILY PROJECTS AND, 2, REVISE THE BUILDING TYPES PROVISION LIMITING MIXED RESIDENTIAL BUILDINGS TO 25% OF A LARGER MIXED USE DEVELOPMENT IN THE NORTH SHORE FRAMEWORK PLAN. DO WE HAVE A PRESENTATION,

BR BRIAN? >> GOOD EVENING, COUNCIL.

IF YOU WOULD PLEASE OBLIGE WITH THE SLIDES. BY WAY OF EXECUTIVE THIS EVENING WANTED TO POINT OUT A COUPLE ITEMS RELATED TO THIS REQUEST THAT WE HAVE BEFORE YOU.

IF YOU RECALL, AT THE SEPTEMBER 1ST MEETING THAT WE HAD, ONE OF OUR MOST RECENT ONES, THERE WAS A DESIRE FROM COUNCIL TO ASSESS AND DETERMINE THE VIABILITY OF LOOKING AT PERHAPS SPECIAL USE PERMIT REQUIREMENTS FOR MULTIFAMILY DEVELOPMENT FOR FORM BASED CODE.

ALL RESIDENTIAL UNITS IN THE MIXED RESIDENTIAL CATEGORY, MIXED USE, BUILDING TYPES WOULD THEREFORE REQUIRE AN SUP. THERE ARE THREE DISTRICTS THAT ALLOW MULTIUSES OUTRIGHT.

I'M BRINGING THESE PULL LET POINTS BECAUSE THEY WILL EVENTUALLY EVOLVE AND BECOME MORE ORGANIC WITH THE CONVERSATION WE HAVE. WE ALSO HAVE THE NORTH SHORE FRAME WORK PLAN THAT WE'VE ADOPTED. THAT WOULD ALSO HAVE TO BE AMENDED. PROPOSAL IS TO ELIMINATE ALLOW ANNE FOR 25% OF MIXED USE DEVELOPMENT TO BE MULTIFAMILY RESIDENTS WHEN INTEGRATED WITH A COMMERCIAL USE.

THIS IS APPLICABLE IN THE COMMERCIAL CENTER DISTRICT AS WELL AS THE URBAN DISTRICT IN THE NORTH SHORE FRAME WORK AREA. THE INTENT OF THE SUP REQUIREMENT AND THE INTENT TO AMEND THE NORTH SHORE FRAMEWORK PLAN IS PRIMARILY TO ENSURE ALIGNMENT WITH FORM BASED CODE, AS WELL AS THE NORTH SHORE. SO BY EXAMPLE, THE FORM BASED CODE ALREADY PROVIDES PROVISIONS FOR THE 25% CAP THAT ARE MIMICKED OR COPIED OVER INTO THE NORTH SHORE PLAN.

LAURA, NEXT SLIDE, PLEASE. THE TABLE IN FRONT OF YOU AN FOR OUR VIEWING AUDIENCE GIVES MORE DETAIL AND IDENTIFIES A LITTLE BETTER WHAT WE REFER TO IN THE FORM BASED CODE AS MIXED RESIDENTIAL AND WHERE MULTIFAMILY FIT I.N.S. TO THAT. ANY RESIDENTIAL USE HIGHLIGHTED ON THIS TABLE WOULD REQUIRE THE APPROVAL OF SPECIAL USE PERMIT THROUGH A PUBLIC HEARING PROCESS. THAT WOULD REQUIRE A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION AND ACTION BY THE CITY COUNCIL. THE FORM BASED CODE IS DESIGNED TO HAVE SPECIFIC BUILDING TYPES. WITHIN THOSE BUILDING TYPES, THERE'S SPECIFIC USES.

[00:25:01]

IN DIFFERENT USES MIXED RESIDENTIAL WHICH IS REALLY MULTIFAMILY USE.

IT IS DEFINED AS APARTMENT, DIFFERENCES IN YOUR LOT. WITH MIXED RESIDENTIAL COMPONENT, THIS BUILDING TYPE, THERE ARE ALSO SPECIFIC ELEMENTS THAT HAVE TO BE ADDRESSED FROM A DEVELOPMENT STANDPOINT. MIXED RESIDENTIAL, THE RESIDENTIAL COMPONENTS CAN BE ON THE GROUND FLOOR. YOU CAN HAVE A HIGH RISE THAT IS A MULTIFAMILY, PURELY A MULTIFAMILY COMPLEX. THEN WE HAVE THE LIVE/WORK FUNCTION.

LIVE WORK BUILDING TYPE REALLY IS TO ALLOW HOME BUSINESS, TO ALLOW HOME BUSINESSES, BUT IT'S NOT REQUIRED, IT'S NOT REQUIRED, BUT IF IT IS USED, WOULD REQUIRE A RESIDENTIAL COMPONENT ABOVE IT. MIXED USE IS YOUR TRULY INTEGRATED USES WHERE YOU HAVE THE COMMERCIAL FUNCTION ON THE GROUND. FROM THERE YOU INTEGRATE YOUR RESIDENTIAL USES OR YOU CAN BE PURELY COMMERCIAL. THE FORM BASED CODE IS DESIGNED WITH THIS MATRIX IN ORDER TO CAPSULIZE ON ENGAGING LARGER SWATS OF LAND AND HAVING THOSE DESIGN ELEMENTS THAT ARE COHESIVELY DEFINED AND ALLOW FOR THAT INTEGRATION OF LAND USES AND MORE IMPORTANTLY, IF YOU LOOK AT THIS MATRIX MORE IMPORTANTLY, INTEGRATE VERTICAL ASPECT OF DEVELOPMENT. NEXT SLIDE, PLEASE. THAT BE SAID, LITTLE ABOUT SPECIAL USE PERMIT. IT IS DESIGNED TO ENCOURAGE PUBLIC ENGAGEMENT.

ALMOST, COMMENTS, PROVIDE COMMENTARY FROM THE COMMUNITY. IT GIVES YOU THE OPPORTUNITY TO TEST THAT YOUTH AND SPECIFICITY OF ITS SITE DEVELOPMENT FEATURE. THE DEVELOPMENT OF AN SUP IS NOT TO RELIEVE PARTICULAR HARDSHIP OR CREATE DEVIATIONS OR VARIANCES FROM THE REQUIRED ORDINANCES OR GIVE SPECIAL PRIVILEGES OR RIGHTS FOR A PARTICULAR PROJECT.

REALLY IT IS A LAND USE ASSESSMENT TO DETERMINE THE VIABILITY OF THE USE IN RELATIONSHIP TO REALIZING THE INTENT OF THE FORM BASED CODE. IN ORDER TO REQUIRE SPECIAL USE PERMIT FOR MULTIFAMILY USES, I DO WANT TO POINT OUT MULTIFAMILY USES IN THIS SYSTEM, FORM BASED CODE LOOKS AT IT AS A MIXED RESIDENTIAL COMPONENT. SO IN OTHER WORDS TO REQUIRE A MULTIFAMILY USE WITH PORTIONS OF THE CITY REGULATED BY THE FORM BASED CODE, THERE ARE SEVERAL ARTICLES WITHIN THE FORM BASED CODE THAT WOULD REQUIRE THEM. AGAIN, THERE WOULD BE ELEMENTS THAT WOULD HAVE TO BE AMENDED. NEXT SLIDE, PLEASE, LAURA. I'M GOING TO GO THROUGH SOME OF THESE AMENDMENTS AND EXPLAIN WHERE THEY WILL BE POSITIONED IN THE FORM BASED CODE.

YOU WILL SEE SOME STRIPES THROUGH THERE, HEAVY BOLDED. THAT'S THE ADDITION TO THE FORM BASED CODE IN WAY OF PROPOSED AMENDMENTS. A NEW SECTION WOULD HAVE TO BE CREATED WITHIN ARTICLE 1.4 DESCRIBING A SPECIAL USE PERMIT AND REVIEW PROCESS.

AGAIN, YOUR PACKET DEFINES THE SUP. IT IS A FORM OF ZONING ACTION.

SUP WOULD BE REQUIRED FOR MULTIFAMILY DWELLINGS IN ALL SUBDISTRICTS WHERE MULTIFAMILY DWELLINGS ARE ALLOWED. THE PURPOSE OF AN SUP IS NOT TO RELIEVE PARTICULAR HARDSHIPS.

AGAIN, THE SUP REVIEW AND APPROVAL PROCEDURE WOULD PROVIDE APPROVAL PROCESSES FOR UNIQUE OR WIDELY VARYING UNIQUE FEATURES. ADDITIONALLY THE SUP WOULD NOT BE USED TO LEGITIMATIZE NONCONFORMING STRUCTURES OR USES. IT WOULDN'T BE USED AS A VARIANCE OR DEVIATION FROM MODIFICATIONS FOR DEVELOPMENT REQUIREMENTS.

THE PROCESS RELATED TO SPECIAL USE PERMITS WOULD BE THROUGH THE PUBLIC HEARING PROCESS.

APPLICATIONS WOULD BE SUBMITTED, REVIEWED. THEY WOULD BE FORWARDED ON TO THE PLANNING AND ZONING COMMISSION. THE NOTIFICATION PROCEDURE FOR ALL PUBLIC TREND WOULD BE FOLLOWED PER THE TEXAS GOVERNMENT CODE AS WELL AS WHAT'S SETH FORTH IN THE ROWLETT DEVELOPMENT CODE. NEXT SLIDE.

SO FURTHERMORE, I THINK WHAT I MENTIONED IN THE EARLY PART OF THE DISCUSSION THAT WE'RE

[00:30:03]

HAVING, THERE ARE SEVERAL DISTRICTS IN THE FORM BASED CODE, MIXED RESIDENTIAL.

GOAL IS TO MODIFY THOSE SUBDISTRICTS AND REQUIRE THE REQUIREMENT FOR AN SUP.

THE URBAN VILLAGE DISTRICT IN THE FORM BASED CODE OUTRIGHT ALLOWS MIXED RESIDENTIAL USES.

ANOTHER THING THAT WOULD BE ADDED WOULD SAY MIXED RESIDENTIAL TYPES WOULD REQUIRE A SPECIAL USE PERMIT. SAME COMPONENT OR PROCESS WOULD BE APPLICABLE FOR THE URBAN NEIGHBORHOOD DISTRICT. NEXT SLIDE. THAT LANGUAGE WOULD BE ADDED WITHIN THE BUILDING TYPE MIX FOR THAT DISTRICT ITSELF. NEXT SLIDE, PLEASE.

COMMERCIAL CENTER DISTRICT THIS COMPONENT OR ARTICLE WOULD BE MODIFIED TO REQUIRE MIXED RESIDENTIAL USES TO HAVE AN SUP WHICH WOULD BE EVALUATED AS PART OF A LARGER MIXED USE DEVELOPMENT. HERE MIXED USE AND MIXED RESIDENTIAL ARE TWO DIFFERENT CATEGORIES. IF IN THE EVENT A MULTIFAMILY DEVELOPMENT WAS TO BE PART OF A MIXED USE DEVELOPMENT, THEN AN SUP WOULD BE REQUIRED. FURTHERMORE, THE FORM BASED CODE HAS A STIPULATION IN THE DISTRICT THAT SAID IF A MIXED RESIDENTIAL USE WILL OCCUPY 25% OR MORE OF THE LAND AREA FOR EXAMPLE OR THE BUILDING SQUARE FOOTAGE IN A PROPOSED REGULATING PLAN OR DEVELOPMENT PLAN, THEN A MAJOR WARRANT WOULD BE REQUIRED. BUT BECAUSE WE ARE PROPOSING AN SUP FOR MULTIFAMILY USES IN THIS INSTANCE, IT WOULDN'T BE NECESSARY TO REQUIRE A MAJOR WARRANT IF THERE WAS A DELIVERY OF THE PRODUCT. IN THIS INSTANCE THE SUP WOULD BE ABLE TO DO THAT. NEXT SLIDE, PLEASE. THE FORM BASED CODE CURRENTLY DOESN'T HAVE A SPECIFIC DEFINITION FOR MULTIDWELLINGS AND SPECIAL USE PERMITS AND SO THE CODE WOULD BE MODIFIED TO INCORPORATE THOSE DEFINITIONS. WE DISCUSSED THE SUP DEFINITION, BUT IN THIS CASE, WE'VE ALSO FINE TUNED SUPPORT FROM DAVE BERMAN THE DEFINITION FOR MULTIFAMILY AND THAT IS DWELLING MULTIFAMILY IS SINGLE BUILDING OR STRUCTURE CONTAINING MORE THAN TWO RESIDENTIAL UNITS AND IS INCLUSIVE OF MIXED RESIDENTIAL STRUCTURES, CONDOS AND OTHER MULTIFAMILY AND MIXED USE STRUCTURES. SO IN THE INSTANCE, FOR EXAMPLE, IF THERE WAS A PROPERTY THAT WAS DEVELOPING WITH MIXED -- WITH A MIXED USE AND THEY HAD THE INTENT TO ALSO INCORPORATE ON UPPER STORY ORS WITHIN THAT DEVELOPMENT A MULTIFAMILY COMPONENT TO MIXED RESIDENTIAL, THEN AN SUP WOULD BE REQUIRED. THE GOAL IS NOT FOR THE ORDINANCE TO BECOME INFLEXIBLE AND BECOME A HINDRANCE FOR DEVELOPMENT.

IN FACT, IT WILL DO THE OPPOSITE. IT WILL ALLOW FOR AN EVALUATION OF THE SYNERGY OF LAND USES AND ALSO ENGAGE WITH THE ABILITY TO DEVELOP INTEGRATED LANGUAGE.

NEXT SLIDE, PLEASE, LAURA. AGAIN, WITH ANY ORDINANCE WE HAVE A SCHEDULE OF USES.

THE GOAL WOULD BE TO INCORPORATE THE SUP REQUIREMENT WITHIN THAT MULTIFAMILY DWELLING.

NEXT SLIDE, LAURA. OF COURSE WE WANT TOF MAKE SURE THAT WE ADDRESS THE REQUIREMENTS FOR AN SUP IN THE CODE WHERE IT NEEDS TO BE ADDRESSED. IN THIS INSTANCE WE HAVE TO MAKE SURE WE HAVE THE DONATION THAT FURTHER SUPPORTS THE SUP REQUIREMENT AND THAT WOULD BE INCORPORATED IN APPENDIX 2. NEXT SLIDE, PLEASE. HAND IN HAND WITH THE FORM BASED CODE WE HAVE ADOPTED A FRAME WORK FOR THE NORTH SHORE. AS PART OF THE ASSESSMENT THAT WE CONDUCTED AN AMENDMENT TO THE FORM BASED CODE IS REGULATORY. NOTIFICATION PROCESS WHERE WE PROVIDE THAT IN A DAY. HOWEVER, BECAUSE OF THE NORTH SHORE WE HAVE ADOPTED A FRAME WORK WHICH IS A ZONING ELEMENT. WE HAVE STIPULATION 25% REQUIREMENT FOR MIXED

[00:35:01]

RESIDENTIAL DEVELOPMENT. WE'RE WANTING TO MAKE SURE NOTICES WERE PROVIDED TO ALL THE PROPERTY OWNERS WITHIN THE NORTH SHORE. THEY ALSO COMPLY WITH THE 200 AND 500 PROCESS FROM THE SITE. THIS IS TO ENSURE ONE, WE ENGAGED THOSE WHO HAVE PROPERTY WITHIN THE NORTH SHORE WHERE THEY HAVE IMPLICATIONS THAT ARE IN ADDITION TO WHAT THE FORM BASED CODE OUTLINES. WE ALSO TALK, STAFF INJECTED IN THE STAFF REPORT, THE GOAL IS TO ALIGN AS BEST POSSIBLE THE REQUIREMENTS IN THE FORM BASED CODE AND THEIR RELATIONSHIP TO THE NORTH SHORE. THIS IS NOT CHANGING ANY ZONING DISTRICTS OR ADDING ANY ADDITIONAL ELEMENTS OR CRITERIA TO IT. IT IS USING THE SUP TOOL AS AN ARM TO ASSESS MULTIFAMILY DEVELOPMENT. NORTH SHORE SOUTH COMPONENT ALL NORTH SHORE AREA WOULD REQUIRE AMENDMENTS TO THE FRAME WORK PLAN.

THAT'S PARTICULARLY RELATED TO THE ALLOWANCES FOR 25% OF THE LAND AREA OR BUILDING SQUARE FOOTAGE FOR MULTIFAMILY. COMMERCIAL CENTER DISTRICT AND THE FORM BASED CODE STIPULATES THE SAME REQUIREMENTS AS IN THE NORTH SHORE. THE ONLY DIFFERENCE WITH THE NORTH SHORE AND FORM BASED CODE IS THAT THE URBAN VILLAGE DISTRICT IN THE NORTH SHORE STIPULATES THIS REQUIREMENT. THE FORM BASED CODE DOES NOT. THE PROPOSAL HERE IS TO ENSURE ALIGNMENT OF THE CODE AND AGAIN I'M GOING TO GO TO THE NEXT SLIDE TO TALK ABOUT THE PROPOSED AMENDMENT. THE FRAME WORK NORTH SHORE FRAME WORK.

IN THE URBAN VILLAGE DISTRICT, IT CLEARLY ARTICULATES THAT IF MIXED RESIDENTIAL USES HAVE TO BE EVALUATED AS PART OF A LARGER MIXED USE DEVELOPMENT AND MAY ONLY OCCUPY 25% OF THE LAND AREA. IF THERE IS IN EXCESS OF PRODUCT DELIVERY OF MORE THAN 25%, THAT NEEDS A WARRANT. IN THIS CASE, STAFF IS PROPOSING THE STRENGTHEN THAT LANGUAGE AND REQUIRE THE SUP REQUIREMENT. THIS AGAIN WOULD ALSO BE CONSISTENT WITH THE REQUIREMENTS OF THE URBAN VILLAGE DISTRICT IN THE CODE. AS IT RELATES TO THE COMMERCIAL CENTER DISTRICT AGAIN FOR THAT PART OF THE NORTH SHORE FRAME WORK PLAN THE REQUIREMENT FOR AN SUP WOULD BE INJECTED THERE. LAURA, NEXT SLIDE, PLEASE. SO ALTHOUGH THE URBAN NEIGHBORHOOD DISTRICT IS ALLOWED IN THE NORTH SHORE STRATEGIC AREA, MORE BUILDING TYPES ARE STIPULATED. URBAN DISTRICT DOES NOT HAVE TO BE AMENDED.

IF YOU RECALL, WE TALKED ABOUT WHERE MULTIFAMILY DEVELOPMENT IS PERMITTED.

TO REITERATE, THE INTENT OF THESE CHANGES IS TO ALIGN THE FRAME WORK PLAN AND TO ALIGN WITH THE NEW FORM BASED CODE AMENDMENT, KEEPING THE VISION OF THE NORTH SHORE INTACT AND TO HAVE A MORE ROBUST REVIEW PROCESS IN ENSURING -- SUPPORTIVE OF THE FUTURE HUB THAT WE'VE ENVISIONED AND NOT CREATE POTENTIAL DETRIMENT TO IT.

NEXT SLIDE, PLEASE, LAURA. AS I MENTIONED TO YOU WHAT THE NOTIFICATION PROCESS IS, IN TERMS OF CHANGING REGULATORY REQUIREMENTS WITHIN THE FORM BASED CODE, BUT ALSO THE NOTIFICATION PROCESS AS IT RELATES TO THE NORTH SHORE. IN THIS INSTANCE, WE DID NOTIFY PROPERTY OWNERS WITHIN THE NORTH SHORE. WE ALSO NOTIFIED PER LOCAL CODE REQUIREMENTS, WE NOTIFIED PROPERTY WITHIN A 200 FOOT RADIUS OF THE NORTH SHORE AREA AND 500 FOOT RADIUS. WE RECEIVED 688 NOTICES. WE KNOW THERE ARE SEVERAL PROPERTIES THAT HAVE SINGLE OWNERSHIP. WE DID HAVE AN OPPORTUNITY TO SPEAK TO SEVERAL OF THOSE WHO ARE OPPOSED TO THESE PROPOSED AMENDMENTS.

SOMETIMES IT'S VERY DIFFICULT TO DISCERN WHAT IS BEING PROPOSED. IN THIS INSTANCE, LOT OF LETTERS THAT WE DID RECEIVE, THE CONCERN WAS THAT WE WERE ALLOWING MULTIFAMILY USES.

THAT'S NOT THE INTENT OF THE AMENDMENT AND WE DID TRY TO EXPLAIN WHAT THOSE WERE.

[00:40:04]

THE LOCAL GOVERNMENT CODE ALSO CLEARLY STATES THAT SHOULD AN OPPOSITION BY EITHER 20% OF THE AREA OF THE LOTS OR LAND COVERED BY THE PROPOSED CHANGE OR THE AREA OF THE LOTS THAT LIE WITHIN 200 FEET OF THE CHANGE COME IN PLAY, THEN SUPERMAJORITY APPROVAL IS REQUIRED.

I'LL TRY AND BREAK THIS DOWN AND MAKE IT SIMPLE. A SIMPLE MAJORITY IS NEEDED TO APPROVE THE PROPOSED AMENDMENT. HOWEVER, ONCE YOU HAVE RECEIVED MORE THAN 20% OPPOSITION FOR CHANGE OR PROPOSED CHANGES IN THE NORTH SHORE, A SUPERMAJORITY WILL BE REQUIRED TO APPROVE THAT. SO THAT MEANS SIX VOTES WILL BE REQUIRED.

FOR OUR NEXT SLIDE, PLEASE. THIS ITEM WAS HEARD AT THE OCTOBER 13TH PLANNING AND ZONING COMMISSION. THEY RECOMMENDED APPROVAL OF THE PROPOSED AMENDMENT.

NEXT SLIDE, PLEASE, LAURA. AGAIN, THROUGH OUR PRESENTATION STAFF'S RECOMMENDATION HAS RECOMMENDED APPROVAL. THEY FEEL IT BETTER ALIGNS THE INTENTIONS OF THE CITY.

AND GIVES OPPORTUNITY FOR ADDITIONAL INPUT THROUGH THE PUBLIC HEARING PROCESS SHOULD AN SUP BE APPROVED. COUNCIL, I DO WANT TO ADD AT THIS TIME, I'M SURE DAVID WILL JUMP IN, TOO, THAT THE CAPTION FOR THIS ITEM WAS INADVERTENTLY ERRONEOUS.

I APOLOGIZE FOR THAT. IN THIS INSTANCE THERE ARE A COUPLE OPTIONS THAT ARE AVAILABLE. WE CAN OBVIOUSLY TAKE COMMENTS. YOU HEARD MY PRESENTATION.

THEN FROM THERE CLOSE THE PUBLIC HEARING AND TABLE CONSIDERATION AND ACTION TO A SUBSEQUENT AGENDA SO WE CAN ACCURATELY ARTICULATE THE CAPTION. I'LL TRY TO ANSWER ANY QUESTIONS

THAT YOU MAY HAVE. >> THANK YOU FOR YOUR -- YOU HAVE A WAY OF MAKING VERY COMPLICATED STUFF UNCOMPLICATED, AT LEAST FOR ME. SO I THANK YOU FOR THAT.

COUNCIL, DO YOU HAVE QUESTIONS? >> NO. GREAT JOB.

>> I JUST WANT TO REITERATE THERE'S A LOT OF CONFUSION ABOUT THIS.

IT'S BEEN OUT THERE ON SOCIAL MEDIA. YOU CAN SEE THE CONFUSION.

SOME OF THE RESPONSES TO THE NOTIFICATIONS -- NOT ALL OF THEM, BUT SOME OF THEM.

THIS IS A METHOD FOR US TO PUT AN ADDITIONAL MEASURE IN PLACE TO NOT AUTOMATICALLY ALLOW MULTIFAMILY IN ACCORDANCE WITH CURRENT ZONE. BUT TO PUT ANOTHER MEASURE IN PLACE TO MAKE A DECISION ON WHETHER IT IS IN THE BEST INTEREST OF THE COMMUNITY FOR A PARTICULAR PROJECT. THERE'S A LOT OF LEGALESE BEHIND THIS.

AS YOU CAN TELL FROM THE PRESENTATION, IT WAS VERY UNDERSTANDABLE, BUT IT STILL IS A VERY COMPLICATED ISSUE. I JUST WANT THE REDENTS TO KNOW THIS IS SOMETHING THAT WAS BROUGHT FORWARD BY BLAKE AS A POSSIBILITY TO PUT IN A SPECIAL USE PERMIT PROCESS FOR A MULTIFAMILY. WHITNEY WAS PART OF THAT RECOMMENDATION AND MANAL DID A LOT OF RESEARCH WITH SERENITY COMMUNITIES AND HAS COME UP WITH AS A POTENTIAL OPTION IF COUNCIL SUPPORTS THIS. JUST WANTED TO PUT THAT IN THE NUT SHELL, THIS IS ABOUT PUTTING ADDITIONAL CONTROLS IN PLACE, NOT ALLOWING ADDITIONAL MULTIFAMILY.

>> AGREE, MAYOR. IT IS WHAT OUR VISION IS FOR NORTH SHORE AND WHY THAT OVERSIGHT NEEDS TO BE THERE SO WE DON'T LOSE THAT. PAM?

YOU'RE MUTED. >> I WAS JUST GOING TO AGREE. WE NEED THIS BECAUSE WE JUST -- THAT WAY WE'LL HAVE MORE SAY AND WILL NOT HAVE DEVELOPERS COME IN THERE AND JUST TAKE OVER AND START BUILDING WITHOUT OUR APPROVAL. WE GOT TO DO IT.

>> IF THERE'S ANY OTHER COMMENTS, THIS IS A PUBLIC HEARING.

I DO WANT TO OPEN UP -- I DO WANT TO LET THE PUBLIC HEARING TAKE PLACE BUT I WOULD ALSO LIKE

[00:45:04]

TO MAKE A RECOMMENDATION THAT WE FOLLOW MANAL'S RECOMMENDATION AND THAT WE TABLE THIS ITEM UNTIL THE NEXT MEETING SO WE CAN FIX THOSE MINOR ISSUES. BUT THERE HAS BEEN AN E-MAIL THAT WAS SENT. I KNOW WE WANT TO READ IT INTO THE RECORD.

AND IF THERE'S ANYBODY ELSE ON THE LINE THAT WANTS TO SPEAK ON BEHALF OF THIS, I THINK IT'S IMPORTANT THAT WE DO THAT. SO AT THIS TIME, WE'LL OPEN THE PUBLIC HEARING.

IS THERE ANYBODY ON THE LINE, LAURA, THAT WOULD LIKE TO SAY ANYTHING?

>> YES. LET ME GO THROUGH OUR PROCESS FIRST.

>> YES, MA'AM. DID I MESS SOMETHING UP? >> NOPE.

>> FOR THE CALLERS ON THE LINE, PLEASE MUTE ALL ELECTRONICS IN THE BACKGROUND TO AVOID FEED BACK AND DISTURBANCE. CALLERS WILL BE RECOGNIZED AS YOU ARE LABELED BY THE LAST FOUR MINUTES OF THE PHONE NUMBER USED TO CALL IN. ONCE RECOGNIZED, YOU WILL BE GIVEN THREE MINUTES TO SPEAK. THE SOUND WILL BE MUTED AT THE END OF YOUR TIME.

IF YOU SUBMITTED YOUR COMMENTS THROUGH E-MAIL, THEY WILL BE READ INTO THE RECORD.

ONCE YOU'RE RECOGNIZED AND YOU DO WISH TO SPEAK, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. CALLER NUMBER ONE, DO YOU WISH TO SPEAK TO THIS ITEM? CALLER ONE PLEASE UNMUTE. THE CALLER IS NOT RESPONDING. I GUESS THAT'S IT.

MATT, YOU'RE MUTED. >> HELLO. >> YES, CALLER.

PLEASE STATE YOUR NAME. >> I'M SORRY. I THOUGHT YOU WERE GOING TO BE

CALLING THE LAST FOUR DIGITS OF THE PHONE NUMBERS. >> YES.

DO YOU WISH TO SPEAK TO THIS ITEM? >> YES.

MY NAME IS MYRON DORNICK, 5026 MAPLE SPRINGS BOULEVARD IN DALLAS, TEXAS.

I'M REPRESENTING THE HOMINY HILL DEVELOPMENT FORMERLY KNOWN AS THE MERRITT HILL DEVELOPMENT.

WE BELIEVE OUR PROJECT WOULD BE VESTED FROM THE APPLICATION OF THIS AMENDMENT BECAUSE OF PERMITS ALREADY SUBMITTED, WE ARE OPPOSED TO THE AMENDMENT BECAUSE WE DO NOT THE PROJECT TO BECOME NONCONFIRMING. I THINK THAT'S A CONSIDERATION THAT THE CITY NEEDS TO CONSIDER BECAUSE UNDER THIS AMENDMENT, MULTIFAMILY PROJECTS WERE ALREADY IN THE DISTRICTS UNDER THIS AMENDMENT WITHOUT AN SUP WOULD BE NONCONFORMING AND THAT IS A DISINCENTIVE FOR OWNERS TO CONTINUE TO INVEST IN THOSE PROPERTIES. SO WE DO NOT BELIEVE THE AMENDMENT WOULD BE GOOD FOR THE CITY IN THAT RESPECT. WE ALSO BELIEVE THAT IN ADDITION TO THE FACT THAT NO ORDINANCE WAS POSTED ON THE AGENDA, WE TINK THE AGENDA WAS DEFECTIVE IN THAT IT IS A PUBLIC HEARING ITEM AND THE AGENDA DID NOT TELL PARTICIPANTS HOW THEY MIGHT PARTICIPATE IN THE PUBLIC HEARING. I, MYSELF, HAD TO CALL THE CITY'S SECRETARY'S OFFICE TO GET THAT INFORMATION. BUT WE BELIEVE THAT OTHER OWNERS MAY WANT TO PARTICIPATE IN THE PUBLIC HEARING IF THEY HAD BETTER DIRECTION ON HOW TO PARTICIPATE AND SO THAT WE WOULD ASK THAT THE PUBLIC HEARING BE HELD OPEN AND WE ADVERTISE WHEN

YOU IRE DOING TO TKR ITEM AGAIN. THANK YOU. >> THANK YOU, SIR.

LAURA, DO WE HAVE ANYBODY ELSE ON THE LINE? >> NO, SIR, THAT'S IT.

>> ALL RIGHT. I WOULD LIKE TO READ THE LETTER, COUNCIL, I THINK THIS WAS ALL SENT TO YOU ON E-MAIL. FROM TRACY FORD SPILLMAN ATTORNEY AND COUNSELOR AT LAW.

I REPRESENT GLOBAL INVESTMENT GROUP LLC, WHO IS THE SINGLE LARGEST LAND OWNER IN DOWNTOWN ROWLETT, HOLDING APPROXIMATELY 42 ACRES SITUATED AT THE SOUTHWEST QUADRANT OF PRESIDENT GEORGE BUSH FREEWAY AND MAIN STREET. AND YET MY CLIENT HAS RECEIVED NO NOTICE WHATSOEVER OF EITHER, ONE, THE PUBLIC HEARING THAT THE ROWLETT PLANNING COMMISSION HELD

[00:50:11]

IN OCTOBER 2020 OR TWO, TONIGHT'S SCHEDULED PUBLIC HEARING TO CONSIDER THE PROPOSED AMENDMENT. IT WAS ONLY BY HAPPEN STANCE THROUGH A CONVERSATION WITH A POTENTIAL PURCHASER DEVELOPER THAT MY CLIENT LEARNED OF THE PROPOSED AMENDMENT LATE YESTERDAY AFTERNOON. THAT DESPITE MY CLIENT HAVING PARTNERED WITH THE CITY OF ROWLETT TO DEVELOP A FULLY APPROVED FRAME WORK PLAN WHICH WE CONSIDER -- ESTABLISHES A BY RIGHT HUGE FOR MULTIRESIDENTIAL DEVELOPMENT FOR THE PROPERTY. IF APPROVED THE PROPOSED AMENDMENT WOULD RESTRICT MULTIFAMILY DEVELOPMENT AND CIRCUMVENT MY CLIENT'S APPROVED FRAME WORK PLAN THEREBY DEPRIVING MY CLIENT OF HIS PREVIOUS APPROVED USE.

THE CITY OF ROWLETT WILL BE DIMINISHING THE MARKET VALUE OF THE PROPERTY.

THIS DESPITE HAVING WORKED WITH MY CLIENT TO DEVELOPMENT AND CONSTRUCTION OF INFRASTRUCTURE SPECIFICALLY DESIGNED TO SERVE THE BUY RIGHT MULTIFAMILY USE CONTAINED IN THE APPROVED FRAME WORK PLAN. WE BELIEVE THE PROPOSED APENDMENTS WHICH WOULD EFFECTIVELY CREATE A MORATORIUM IN THE CITY OF ROWLETT ARE CONTRARY TO THE CITY'S DEVELOPMENT VISION AND BEST INTEREST OF ITS CITIZENS. FURTHER, THAT SAID, AMENDMENT HAS BEEN PROVIDED WITHOUT NOTICE TO MY CLIENT IS UNCONSCIONABLE. WE ASK THAT IT BE REMOVED FROM TONIGHT'S AGENDA. IF YOU HAVE COMMENTS QUESTIONS OR SUGGESTIONS, PLEASE CALL ME.

DAVID? >> I DON'T KNOW IF I GOT TO IT IN TIME.

I GUESS FOR THE RECORD I DID SPEAK WITH TRACY FORD SPILLMAN AFTER I RECEIVED A COPY OF THE CORRESPONDENCE. I ASSURED HER THAT HER PANIC AND CONCERNS WERE UNWARRANTED.

REGULATORY CHANGES LIKE THIS DON'T APPLY TO EVERY SINGLE PIECE OF PROPERTY THAT ALREADY HAS EITHER A DEVELOPMENT PERMIT IN PLACE OR APPLICATION PENDING OR COMPLETED DEVELOPMENT PROJECT. THE GLOBAL INVESTMENTS PROJECT WHICH LIVING ROOM HAS A FRAME WORK PLAN AND CLEARED PERMIT APPLICATIONS WOULD BE GRANDFATHERED IF WE WERE TO ADOPT THIS RECOMMENDATION. SHE WAS CONCERNED AND I THINK FOR A SHORT TIME GLOBAL INVESTMENTS MUST HAVE BEEN IN A PANIC, BUT I ASSURED THEM THEIR CONCERNS ARE NOT JUSTIFIED.

>> I ASSUME THE SAME APPLIES TO HOMINY HILLS? >> HOMINY HILLS, TO THE EXTENT THEY'VE ALREADY GOT BUILDINGS CONSTRUCTED OR PLANS SUBMITTED, THEY'RE GRANDFATHERED AS WELL.

IF THERE'S VACANT LAND FOR WHICH NO DEVELOPMENT PERMIT APPLICATION HAS BEEN SUBMITTED, THIS WOULD APPLY TO THAT. FOR ALL THE VACANT TERRITORY UP IN THE NORTH SHORE, THIS WOULD APPLY FOR ALL AREAS IN TOWN THAT CURRENTLY ARE VACANT THAT HAVE NO DEVELOPMENT PLAN AND NO APPLICATIONS SUBMITTED. NOTHING THAT WOULD GIVE US FAIR NOTICE OF THE PROPOSED PROJECT.

IT WOULD APPLY TO THAT. >> OTHER COMMENTS OR QUESTIONS? >> WHAT IS THE ANSWER IN REGARDS

TO HOMINY HILLS? >> I BELIEVE HOMINY HILLS PROJECT THAT WE HEARD THE CALLER CALL WAS WHAT WAS KNOWN AS RESIDENCES AT MERRITT HILL, MULTIFAMILY PROJECT ADJACENT TO HARMONY HILLS. THEY HAVE AN APPROVED DEVELOPMENT PLAN ALREADY.

IF IT WAS A DIFFERENT OWNERSHIP TAKING OVER THE PROJECT, IT WOULD STILL BE LEGITIMATELY

PERMITTED. IT IS NOT IN CONFLICT. >> IT WOULD BE GRANDFATHERED.

>> THANK YOU. >> I DON'T KNOW WHERE THE CONFUSION CAME WITH THE PUBLIC HEARING AND NOT BEING ABLE TO GET IN BECAUSE I KNOW IT'S POSTED.

MAYBE IT WOULD BE A GOOD IDEA TO LEAVE THE PUBLIC MEETING OPEN OR DO WE WANT TO CLOSE IT?

>> I THINK THE BETTER COURSE OF ACTION WOULD BE TO TAKE ALL TESTIMONY AND FORMALLY CLOSE THE PUBLIC HEARING AND THEN CONSIDER TABLING THE ACTION ITEM ON THE NEXT AGENDA WHEN THE ORDINANCE COMES BACK UP TO CONSIDERATION AND ADOPTION. WE'RE NOT PRECLUDED FROM OPENING THE FLOOR FOR ADDITIONAL PUBLIC COMMENT. SO IT WOULD, THE PROCESS WOULD GIVE THE PUBLIC TWO SHOTS AT MAKING COMMENTS ON THIS. THE OTHER OPTION WOULD BE TO ADJOURN THE PUBLIC HEARING AND RECOMMENCE IT BUT THE PROBLEM WITH THAT, IF THE TIMING IS OFF

[00:55:08]

OR IF THE MEETING IS POSTPONED THEN WE'RE LOOKING AT ANOTHER MONTH BEFORE WE CAN FORMALLY CONSIDER IT. BEST COURSE OF ACTION IS SIMPLY CLOSE THE PUBLIC HEARING AND

TABLE THE NEXT PART OF THE AGENDA ITEM. >> THAT'S FINE.

I JUST WANT TO MAKE SURE IF ANYBODY WASN'T ABLE TO GET ON OR MISSED THIS AND WANTS TO GET ON AND SAY SOMETHING AT THE NEXT MEETING WHEN WE VOTE ON THIS, THAT THEY HAVE THE OPPORTUNITY

TO DO SO. >> THAT THEY WILL. >> OKAY.

ANY OTHER COMMENTS? IF NOT, WE WILL CLOSE THIS PUBLIC HEARING.

AND I WILL LOOK FOR A MOTION TO TABLE THIS ITEM UNTIL THE NEXT MEETING.

>> I WANT TO MAKE A MOTION. I NEVER GET TO MAKE A MOTION. >> I WANT IT IN THE MINUTES THAT I MAKE A MOTION. I'M ASKING TO TABLE THIS EVENT UNTIL THE NOVEMBER 5TH MEETING.

>> IS THERE A SECOND? >> I'LL SECOND THAT. >> ALL RIGHT.

SECONDED BY BLAKE. ANY DISCUSSION? NOPE.

ALL RIGHT. IF YOU'RE IN FAVOR, RAISE YOUR HAND.

ALL RIGHT. THAT'S ALL IN FAVOR. WE DO HAVE -- DON'T GO ANYWHERE.

[2. EXECUTIVE SESSION ]

WE DO HAVE TWO PUBLIC, OR TWO EXECUTIVE SESSION ITEMS. I'LL READ THOSE INTO THE RECORD AND THEN TAKE A FIVE MINUTE BREAK AND THEN CONVENE BACK IN. IS THAT OKAY? OKAY. SO WE HAVE TWO EXECUTIVE SESSIONS.

I'LL READ THEM BOTH INTO THE RECORD. CITY COUNCIL SHALL CONVENE INTO EXECUTIVE SESSION 551.071 CONSULTATION WITH ATTORNEY TO CONSULT WITH AND RECEIVE LEGAL ADVICE FROM THE CITY ATTORNEY RELATING TO THE CITY POLICE WITH AMERICAN GULF CORPORATION AND THE WATER VIEW GOLF CLUB. ITEM 2B, CITY COUNCIL SHALL CONVENE INTO EXECUTIVE SESSION SECTION 551.071 TO CONSULT WITH AN RECEIVE LEGAL ADVICE FROM THE CITY ATTORNEY AND LEGAL COUNCIL RELATING TO PENDING LITIGATION AND POTENTIAL SETTLEMENT REGARDING TO THE BOWL VERSE ROWLETT CASES. WE'LL SEE YOU IN

* This transcript was compiled from uncorrected Closed Captioning.