CITY COUNCIL Powlett MEETING MINUTES T E X A S Our Vision: A well-planned lakeside community of quality neighborhoods, distinctive amenities, diverse employment, and cultural charm, Rowlett: THE place to live, work and play. Tuesday, February 18, 2025 7:00 P.M. Municipal Building - 4000 Main Present: Mayor Pro Tem Winget, Deputy Mayor Pro Tem Shinder, Councilmember Reaves, Councilmember Bowers, Councilmember Britton and Councilmember Schupp 1. CALL TO ORDER Mayor Pro Tem Winget called the meeting to order at 7:00 p.m. 2. EXECUTIVE SESSION 2A. The City Council shall convene into Executive Session pursuant to the Texas Government Code, $551.071 (Consultation with Attorney) to receive legal advice from the City Attorney regarding an agreement with the Dallas Offroad Bicycle Association (DORBA). This item was discussed after agenda item 7F. Mayor Pro Tem Winget adjourned the meeting into Executive Session at 9:56 pm. Mayor Pro Tem Winget reconvened the meeting at 10:24 pm. 2B. The City Council shall convene into executive session pursuant to the Texas Govemnment Code, $551.074 (Personnel) to deliberate on the evaluation, duties, and Employment Contract of the City Manager. To be held after Regular meeting. Mayor Pro Tem Winget adjourned the meeting into Executive Session at 11:28 pm. Mayor Pro Tem Winget reconvened the meeting at 1:20 am. 3. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY OR APPROPRIATE ACTION ON CLOSED/EXECUTIVE SESSION MATTERS A motion was made by Councilmember Schupp, seconded by Councilmember Reaves to direct the City Attorney to prepare an amendment to the City Manager's employment contract and authorize the Mayor Pro Tem to execute the agreement with the following amendments, 4% performance based increase in compensation and the provision that if the City Manager's employment is terminated by a vote of less than three quarter majority of the full council he will receive an additional amount of compensation two times the standard severance. City of Rowlett 10757 Mayor Pro Tem Winget read a statement prepared by City Council in support of Mr. David Hall, City Manager. David Hall was hired just over 600 days ago and has had a monumental impact across the city. When hired the city was facing a financial shortfall and today, we are looking at a surplus and improved bond rating. When David arrived, the city was behind on capital maintenance projects, including roads and critical infrastructure. Today we have a specific plan for repairs and ongoing maintenance. As David arrived, we had community amenities that were literally falling apart and today, we have approved funding to rebuild Kids Kingdom, and are on our way to improving the parks, the Wet Zone, and having a dramatically improved golf course. These are some of the many effects of David's arrival to Rowlett. This Council and residents oft this Community owes him gratitude for his efforts and likewise we support David, and we thank him publicly for the work he has done and will continue to do. The motion passed 6-0. INVOCATION The invocation was led by Pastor John Hiatt, Cornerstone Church. PLEDGES OF ALLEGIANCE The Pledges of Allegiance were led by the City Council. 4. PRESENTATIONS 4A. Receive the Annual Comprehensive Financial Report for thei fiscal year ended September 30, 2024, which includes the independent auditor's report. Wendy Badgett, Director of Finance, presented the Annual Comprehensive Financial report for the fiscal year ended September 30, 2024, including the auditor's report. The presentation oft the audit was made by the independent audit firm of Weaver and Tidwell, LLP. The City has again attained an unmodified audit opinion validating the fair and accurate presentation of the financial status for the fiscal year ended September 30, 2024. In addition, the auditors outlined and validated the qualitative aspects of the City's accounting practices, staff's attention to completeness, procedures and controls, and noted no material findings. Finally, the auditors noted no recommendations for improvement over internal controls. The Annual Comprehensive Financial Report (ACFR), sometimes includes a special audit, which is required of governmental agencies who expend more than $750,000 in federal and/or state funds in any given year. The City met the $750,000 threshold this year for federal awards, and, as a result, there is a single audit reporting section at the end of the ACFR. The audit resulted in no deficiencies in internal controls over financial reporting. 4B. Present the Comprehensive Monthly Financial Report (CMFR) for the period ending December 31, 2024. Wendy Badgett, Director of Finance, presented this item. Overall, the revenues are 1% lower than forecast and expenses are 7% lower than forecast. Property taxes represent 60% of the General Fund revenues. It is 6% lower than forecast through the first quarter. Property taxes are primarily City of Rowlett 10758 collected in December and January. Sales Tax are 1% above forecast through the first quarter. The Utility Fund Budget revenues are higher than forecast and the expenses are lower than forecast. 4C. Update from the City Council and Management: Financial Position, Major Projects, Operational Issues, Upcoming Dates of Interest and Items of Community interest. Councimember Bowers provided the following announcements: City Secretary's Office - The City Council General and Special Elections will be held on May 3rd. The filing period for candidates fori the Mayor will end on March 3rd. If you are interested in running, you may request a City Council Candidate Packet from the City Secretary's Office on the City's website at www.rowlett.com. Are you looking for ways to give back to your community? If SO, we have a spot for you. We're looking for committed residents willing to volunteer a few hours of their time each month to serve on a board or commission. Applications will be accepted through February 28th for the Board of Adjustment or Senior Advisory Board and are available online at www.rowlett.com. Economic & Community Engagement - The Cultural Roulette in Rowlett series continues on Friday, February 28th at the Rowlett Community Center. Come Celebrate Mardi Gras from 6-9 p.m. with festive music, delicious Cajun cuisine, crafts, and family-friendly entertainment. As partof oure event, Spicy Tails is serving up 2lb. crawfish plates with corn and potatoes for $20. Pre-orders close February: 27 at midnight, and a limited number of plates will be available at the event for $25 -don't miss out! For more information or to pre-order your crawfish, visit www.rowlet.com. Library February is Love Your Library Month! Visit RowletticomlLibrary to subscribe to the newsletter and explore all the reasons to love your public library. Enter the Arts & Humanities Commission's Writing Contest for a chance to win $150. Entries are due February 28. Visit www.rowet.com.Wwiting for entry form and additional details. It's time again for Rowlett Sings! Submit your video audition by February 28 to be selected for a chance to enter the vocal competition on Saturday, March 29 at Rowlett High School. Solo and group acts of all ages are welcome to compete for cash prizes. Councilmember Reaves introduced the Featured Pets, Rin, the cutest small German Shepherd who's only a year old. This little bundle to joy loves meeting new friends and is great with both dogs and kids. He's the perfect addition to any family. Let his playful spirit brighten your day. He's ready to bring love and laughter into your life. To meet Rin or one of his companions, please contact Animal Services at 972-412-6219 or come by the Shelter at 4402 Industrial St. from 10 am to 5 pm, Tuesday through Saturday. Deputy Mayor Pro Tem Shinder recognized the great work the municipal court staff and judges are doing as well as the police department. Deputy Mayor Pro Tem Shinder added that Chief Magistrate, Timothy Summers, of Dallas County told her the Rowlett Municipal Court and Jail stand out as among the very best in Dallas County. When he sees Rowlett at the top of the warrant with City of Rowlett 10759 a bond amount, he knows with confidence that everything is in order and the defendant has been properly processed. He was highly complementary of the court and the jail. 5. CITIZENS' INPUT No Online Input Forms were received. Nineteen individuals spoke during Citizens' Input: 1. Kim Chi Nguyen, Rowlett - Played an audio recording from Tony Bradford and was instructed by City Attorney this is not allowed. Speaker did not wish to make comments. 2. Martin Molloy, Rowlett - Spoke regarding DORBA proposal to build eight miles of trail at Pecan Grove. He urged City Council to support DORBA's proposal. 3. Richard White, Rowlett = Spoke in support of the trails referenced on agenda item 7G. 4. Monica Kizziar, Rowlett - She lives in Rowlett, owns a business in Rowlett, and shops Rowlett. She has witnessed and seen a lot of destruction to the city by David Hall. David Hall has to go to make the City great again. 5. Joe Medina, Rowlett - Spoke against David Hall. He is deeply concern about ongoing issues of the city administration, bringing the City Attorney from Glenn Heights, and the decision to cancel the mental crisis unit and cut funding, raises serious questions about transparency and accountability. He understands that employees are leaving at an alarming rate. He urged City Council to review the over 50 exit interview letters. f David Hall remains City Manager after today, further steps will be taken that will escalate this matter for investigation on a higher level fori the City of Glenn Heights and now the City of Rowlett. Should any wrongdoing be uncovered and City Council fails to act those involved may be held legally accountable. 6. Michelle Wallace, Rowlett - Spoke against David Hall, Councilmember Schupp and Victoria Thomas, City Attorney. David Hall, City Manager, replaces the top key people with his own. Councilmember Schupp has disparaged her family and brought information from closed session which violates TOMA laws. He has violated the City Charter and should step down. She wants City Council to sit down and read the over 50 letters from ex-staff. The City Attorney needs to be removed. She does the bidding for David Hall. 7. Alison Houpt, Rowlett - Spoke against David Hall and urged City Council to seek the truth and get to the bottom of what is really going on. City Council needs to know the whys. Why does the City have three times of turnover? Is there a long-term plan for the infrastructure? Why do builders not want to build in Rowlett? Rowlett has a bad reputation. Why is one Economic Development employee over three different departments? Why has Hwy 66 been torn up sO long? 8. Dan Houpt, Rowlett - Spoke on agenda item 7E. Applicant built a fence without a permit, which is against Rowlett City Code and the HOA rules. He has reached out to Code Enforcement regarding this but has not heard back. The fence needs to come down and a wrought iron fence needs to go up. 9. Tracy Eckert - Not from here, the Lord sent her to Rowlett to speak to City Council. There are sO many blessings happening in Washington D.C. The spirit of liberty is being spread. God is cleaning his house by getting out the old and bringing in the new. The constituents are ready for change. 10. Elaine Ritchie, Rowlett = Has been in Rowlett since 2009 and is raising a family here. She implored City Council to investigate the allegations. 11. Luis Bustamante, Rowlett - Has worked with the City for twelve years. He originally started as a temp and was lucky enough to get hired full time. He worked in the water department for nine City of Rowlett 10760 years. He went in the street department and there for three years. They got the opportunity to do asphalt, they asphalt Chiesa Road. He was the supervisor oft the concrete projects, and they saved a ton of money. They had City Council back them up and he thanked City Council for their support. Now he is back in the water department. He hopes that City Council will do the same thing for the water and sewer department. With City Council telling the water department that they can do it, he is hoping to bring up that department as well. 12. Blake Messick, Rowlett = Been a resident of Rowlett for 20 years and an employee in the street department for almost eight years. Our previous way was to throw asphalt on it and hopefully it would go away. Since new city management, they have given us purpose, drive, and a reason to put pride in their work. Management is doing an awesome job. He has been in Rowlett for 20 years and he didn't know of any events going on in Rowlett. Now he knows about events, he attends them with his family, and he sees the events posted everywhere. 13. Brett Heslet, Rowlett - He worked for Carrollton for 17 years, then Collin County for 18 years, He has seen change everywhere. Some people like change and some people don't. He has been in Public Works for about three and a half years now. They are hard workers and really care about this city. They respond at night and for all emergencies. He is the voice for the Public Works Department employees that are attending. When he first joined the team, he quickly recognized that there was need for change. The whole department lacked accountability. During his first six months, many residents were dissatisfied with the employees. Calls were not being returned; work was not getting done. It took him six months of apologizing and answering calls from 6 am to 9 to 10 pm at night. He spoke to residents on Saturdays and Sundays. There has been a shift in the street department for the better. He emphasizes the importance of being accessible and responsive with all residents and to the team. He and his team have respect for the City Manager and City Council. 14. Kason Huddleston, Pastor of Freedom Place Church - He spends most of his time in Rowlett serving the community. He has watched the online slander campaign on Facebook against David Hall, City Manager, initiated by a handful of local citizens. The majority of the citizens do not agree with the slanderous statements. It is embarrassing what people are saying online, it makes us look like a circus. As a pastor in the City, he felt it was his responsibility to speak up with injustice occurs, He wanted to find the truth. He publicly expressed his disdain and disappointment of the immature behavior of the citizens who are making it their mission to ruin the City Manager's life in every way. The level of lies, misrepresentation, and deceit being maliciously perpetrated against Mr. Hall both personally and professionally are near slanderous. A few people have just repeated what they have heard. They are ignorant of the truth and fact. He obtained recently approved Downtown Strategic Plan, a four-to-five-year comparison of employee turnover within the overall pattern of Rowlett, current crime rate for current and past, financial and infrastructure improvements due to the switch to inhouse concrete crew and the costs of savings, newly approved parking agreement with DART, the current financial standing in contrast to the City Manager's hire date. This is our third downtown plan in a number of years. His charge to the old City Council was to just follow through and follow upto make adjustments. Just pick a plan. The crime rate has seen a significant decrease. He has personally experienced issues with the parking in the downtown area. The City entered into a parking agreement with DART for 750 parking spaces at no cost to the city. 2021 employee turnover rate was 14.6%, 2022 was 19.47%, 2023 was 14.65%, and 2024 was 23.69%, which averages 18.11%. Ithas been said that our turnover rate is three times the state average. The state average is 22.7% for municipal government employees. He aiso spoke to Jeff Bickerstaff, Sachse Mayor, they had 33% in employee turnover. The City has saved over $5 million by bringing on in house concrete crew. He spoke to the Mayor of Glenn Heights, City of Rowlett 10761 Sonya Brown, who praised Mr. David Hall. She would have attended this meeting if she wasn't in Austin. 15. Jessica Cruz, Rowlett - Spoke against David Hall. What is embarrassing is the actions of David Hall, calling his employees in Glenn Heights names. If City Council doesn't vote to get rid of David Hall, the voters are watching. 16, Kellie McKee, Rowlett 1 Spoke in favor of David Hall. Tonight is about grown women throwing a temper tantrum simply because they did not get their way. They don't care about turnover. It takes two to three years to rebuild a business. The same for the City, They went after Councimember Schupp first. They were appeased temporarily with the addition of the downtown advisory board. Councilmember Schupp will probably be on the chopping block again after last night. Now they are after David Hall because he refused to build a parking garage with taxpayers' money for a private development. David Hall is creating real change for the city and is saving millions of dollars doing it. 17. Betsy White, Rowlett - Spoke about agenda item 7G regarding the trails. The trails that DORBA built are very good trails and being outdoors is an added benefit. The trails will be built at no costs to the city. DORBA will build, maintain, and insure the trails. She thanked the council for their time in listening to everyone tonight. 18. Alexander Robles, Rowlett - Spoke in favor of David Hall. 19. Peter Urrutia, Rowlett - Spoke in support of David Hall, City Manager. He relies on David for counsel, support, and many things. He may not always agree with David Hall's decisions, but he has the City's best interest at heart. He is deliberate and frank at times, but he knows what side David is on and he appreciates that. Complicated problems require complicated solutions. He thanked David for his service and gave him support. 6. CONSENT AGENDA Items 6A and 6C were removed from the Consent Agenda to be considered individually. 6A. Consider action approving the minutes. Consider action to approve minutes from the following City Council meeting(s): February 3, 2025 City Council Work Session and February 4, 2025 City Council Meeting. The revised minutes were previously submitted to City Council. A motion was made by Deputy Mayor Pro Tem Shinder, seconded by Councilmember Reaves to approve the minutes as amended. The motion passed 6-0. 6B. Consider action approving an election contract with Rockwall County, Consider action to approve a resolution approving an Election Services Contract with Rockwali County on behalf of the Rockwall County Elections Administrator for the May 3, 2025, General and Special Elections and runoff election, if necessary; authorizing the City Manager or his designee to execute all necessary documents; and providing an effective date. This item was approved on the Consent Agenda as RES-016-25. 6C, Consider action approving amendments to the Rules and Procedure. City of Rowlett 10762 Consider a resolution adopting amendments to the City of Rowlett City Council Rules of Procedure Mayor Pro Tem Winget had a question on Section 7.6 with the word investigate. He wanted to ensure that staff was ok with the language. Staff is ok with the language. A motion was made by Councilmember Britton, seconded by Councilmember Reaves, to approve the amendments to the City of Rowlett City Council Rules of Procedure. The motion passed 6-0. This item was approved on the Consent Agenda as RES-017-25. 6D. Consider action approving the repeal of Section 66-105 = Parking prohibited in DART public parking lot. Consider action to approve an ordinance repealing Section 66-105. - Parking prohibited in DART public parking lot, in its entirety This item was approved on the Consent Agenda as ORD-006-25. 6E. Consider action approving the fourth quarter Investment Report. Consider action to receive the first quarter investment report for December 31, 2024. This item was approved on the Consent Agenda. 6F. Consider action approving an update to the City of Rowlett TexSTAR account. Consider action to approve a resolution updating and designating Authorized Representatives of the City of Rowlett TexSTAR account. This item was approved on the Consent Agenda as RES-018-25. 6G. Consider action approving the purchase of two vehicles. Consider action to approve a resolution authorizing the purchase of two Dodge Durango police pursuit patrol vehicles in the amount of $90,216.00 from Grapevine Dodge, Chrysler, Jeep, and the purchase and installation of emergency equipment in said patrol vehicles in the amount of $50,851.92 from MAL Technologies Fleet, through a BuyBoard cooperative contract, for a total price not to exceed $141,067.92; authorizing the City Manager or his designee to execute all necessary documents to effectuate said purchase; and providing an effective date. This item was approved on the Consent Agenda as RES-019-25. 6H. Consider action approving the purchase of asphalt equipment. Consider action to approve a resolution authorizing the purchase of one 2023 Wirtgen WR200XLI Cold Recycler in the amount of $592,845.00, one 2024 Broce BW-260 Broom Sweeper in the City of Rowlett 10763 amount of $50,625.00, and one 2024 Leeboy L600T Tack Distributor in the amount of $29,714.00 from Kirby Smith Machinery, Inc., through a BuyBoard cooperative purchasing contract, in a total amount not to exceed $673,184.00; authorizing the City Manager or his designee to execute all necessary documents to effectuate said purchase; and providing an effective date. This item was approved on the Consent Agenda as RES-020-25. 61. Consider action approving the purchase of two water trucks. Consider action to approve a resolution authorizing the purchase of two Mack Water Trucks with Klein Water Tanks from Bruckner Truck Sales, Inc., through a HGACBuy cooperative purchasing contract, for a total price not to exceed $440,344.00; authorizing the City Manager or his designee to execute all necessary documents to effectuate said purchase; and providing an effective date. This item was approved on the Consent Agenda as RES-021-25. 6J. Consider action approving the purchase of equipment trailers. Consider action to approve a resolution authorizing the purchase of one Diamond C Heavy Duty Tilt Trailer in the amount of $23,250.00, and one Trail King TK110HDG Low-Boy Trailer in the amount of $127,850.00, from Kirby Smith Machinery, Inc., through a BuyBoard cooperative purchasing contract, for a total price not to exceed $151,100.00; authorizing the City Manager or his designee to execute all necessary documents to effectuate said purchase; and providing an effective date. This item was approved on the Consent Agenda as RES-022-25. 6K. Consider action approving the purchase of three dump trucks. Consider action to approve a resolution authorizing the purchase of three Mack Dump Trucks with Oxbody Stampede dump beds from Bruckner Truck Sales, Inc., through a HGACBuy cooperative purchasing contract, for a total price not to exceed $541,614.00; authorizing the City Manager or his designee to execute all necessary documents to effectuate said purchase; and providing an effective date. This item was approved on the Consent Agenda as RES-023-25. 6L. Consider action approving the purchase of one track asphalt paver. Consider action to approve a resolution authorizing the purchase of one new Caterpillar Inc Model: AP455 Track Asphalt Paver with 8' to 15'6" Screed, from Holt Texas, Ltd., the Texas authorized dealer for Caterpillar, Inc., through a Sourcewell cooperative purchasing contract, for a total price not to exceed $384,273; authorizing the City Manager or his designee to execute all necessary documents to effectuate said purchase; and providing an effective date. This item was approved on the Consent Agenda as RES-024-25. City of Rowlett 10764 A motion was made by Councilmember Reaves, seconded by Councilmember Britton, including all the proceeding items marked as having been approved on the Consent. Agenda. The motion passed 6-0. 7. INDIVIDUAL CONSIDERATION 7A. Discuss and consider action to approve a resolution on a request by Nick Patel on behalf of property owner Coyle Lakes, LLC for approval of a Tree Removal Permit on a property zoned Planned Development Ordinance No. 001-24. The 11-acre site is located north of Main Street and approximately 1,200 feet east of the President George Bush Turnpike, identified as Block A, Lot 2 of FBC Rowiett Addition, in the City of Rowlett, Dallas County, Texas. Kristoff Bauer, Deputy City Manager, gave presentation. This is a tree preservation permit located at 5003 Main Street in Coyle Estates. The project is to construct 61 townhome units. The zoning change was approved on January 16, 2024. The Site Development Plan was approved on May 13, 2024, and the Site Development Plan Amendment was approved on January 9, 2025. The Planning & Zoning Commission recommended approval of the request at their January 28, 2025, meeting. A motion was made by Councilmember Reaves, seçonded by Councilmember Bowers, to approve the Tree Removal Permit. The motion passed 6-0. This item was approved as RES-025-25. 7B. Conduct a public hearing on a request by David Prejean, on behalf of property owners David E. and Teresa L. George, for a Special Use Permit (SUP) to allow a telecommunication tower on properly zoned Single-Family Residential (SF-9) District. The subject property is located at 7901 Schrade Road, approximately 230 feet northwest of the intersection of Martha Lane and Schrade Road, being part of the S A & M G RR Abstract 1416 Page 765, in the City of Rowlett, Dallas County, Texas. Kristoff Bauer, Deputy City Manager, gave brief background on the SUP for a telecommunication tower. The subject property is zoned Single Family Residential (SF-9) District. The subject properly contains approximately 2.65 acres and fronts on Martha Lane, although it has a Schrade Road address. On September 1994, AT&T signed an agreement with the City of Rowlett to lease antenna space on the Martha Lane Water Tower. On December 26, 2015, the water tank was severely damaged in a tornado and later demolished, prompting AT&T to put up a temporary Cell on Wheels (COW) nearby. On November 13, 2024, the Board of Adjustment granted a variance request for a setback reduction from 41.25 feet to 29.35 feet on the north property ine. The property to the north is City Property. The Planning & Zoning Commission recommended approval of the SUP request at their January 28, 2025, meeting. Councimember Reaves asked about the fall of the tower on the City Property. It will not affect the City Property. Mayor Pro Tem Winget opened the Public Hearing at 8:28 pm. Mason Griffin, Rowlett = He represents the applicant. Spoke in favor of SUP. City of Rowlett 10765 Sheila Lobdell, Rowlett - Spoke in favor of SUP. The use of cell phones and having access is very important to the residents. Mayor Pro Tem Winget closed the Public Hearing at 8:34 pm. 7C. Discuss and consider action on a request by David Prejean, on behalf of property owners David E. and Teresa L. George, for a Special Use Permit (SUP) to allow a telecommunication tower on property zoned Single-Family Residential (SF-9) District. The subject property is located at 7901 Schrade Road, approximately 230 feet northwest of the intersection of Martha Lane and Schrade Road, being part of the S A & M G RR Abstract 1416 Page 765, in the City of Rowlett, Dallas County, Texas. Mayor Pro Tem Winget asked if there is a consideration that was given prior to this location. The applicant worked with the City for approximately five years to find a location. Mayor Pro Tem Winget further asked about the breakaway and possibility of tower not breaking away and fall as a whole. Itis designed to breakaway, Deputy Mayor Pro Tem Shinder asked about the timeline of the tower going up. The applicant must go through the building department, which will take approximately two to three weeks. After all approval, plan to be on air by end of year. A motion was made by Deputy Mayor Pro Tem Shinder, seconded by Councilmember Britton, to approve the SUP on behalf of property owners David E. and Teresa L. George, for a SUP to allow a elecommuncation tower on this property located at 7901 Schrade Road. The motion passed 6-0. This item was approved as ORD-007-25. 7D. Discuss and consider action on a request by Muhammed Younus, BM Real Estate Holding Company, on behalf of property owner Inga Hugues, Rowlett for Jesus LLC, for approval of a Development Plan with Warrants for the development of a Montessori School and 10 Townhomes on a property zoned Form-Based Urban Neighborhood (FB-UN) District. The approximately 3.26 acre site is located west of Merritt Road approximately 1,000 feet south of the President George Bush Tumpike, addressed as 9849 Merritt Road also described as Hughes Addition Lot 1, Block B in the R. Copeland Survey, Abstract No. 229 in the City of Rowlett, Dallas County, Texas. Kristoff Bauer, Deputy City Manager, gave a presentation regarding this item. This item went before the Planning & Zoning Commission three times and they denied the request. This property is zoned Form-Based Urban Neighborhood within the North Shore Framework Plan. Townhomes and Montessori School are uses allowed by right within the district. The property fronts Merritt Road. The north property boundary borders a floodway. The northwest propertyboundaryl is Merritt Circle and to the south, parcel owned by the City of Rowlett containing Water Towers. The Planning & Zoning Commission voted 5-2 to deny this item on January 28, 2025. The points of concern from the Commission were traffic flow at entry and exit points, as well as internal circulation within the development. Location and impact of easements with the property were also a concern. The Development Proposal is for a 14,170 sq ft Montessori School, ten upscale townhomes, ranging from 1,550 to 2,600 sq ft lots, as well as 83 total parking spaces, of which 48 for residential and 35 for school parking. They will provide three access points to and from Merritt Road. Over 20,000 sq City of Rowlett 10766 ft open space that will include shaded areas. The request is for a Development Plan approval for a 14,170 sq ft Montessori School and ten townhomes, with multiple warrants. There is a request for waiver due to site constrains; a 20 ft access easement, a 30 ft water easement running north to south along the western side, a drainage easement in the northern corner of the property, and a portion of the lot on the northwest side being located within a 100-year floodplain. The next request is to reduce the side street to 5 feet. Requesting the lot depth reduction minimum of 81 ft and maximum of 88 ftfor Townhomes 1,2 2, 3, 4, and 5. The applicant is asking for relief from the Public Open Space, Amenities, School Parking, North Shore North Framework Plan; and Access. The applicant proposed adding shade trees, picnic tables, benches, and workout stations throughout the open space to promote an active lifestyle. There is a 30 fLNTMWD easement and the approval to all utilities or infrastructure to cross their easement is pending. There is a 20 ft sanitary sewer easement, which the development plan proposed relocating the easement near the Montessori School building. There is also a 20 ft access easement to a 97.3 ft high communication tower in the south corner of the lot. There was discussion regarding traffic on and off property, and tree removal assessment. Councimember Reaves asked if applicant has thought about putting in landscaping VS. putting in amenities. A motion was made by Councilmember Reaves, seconded by Councilmember Britton, to approve major and minor warrants as written with the exception of minor warrant #3 in lieu of putting in sports equipment amenities, they can put in landscaping at their discretion. The motion passed 6-0. This item was approved as ORD-008-25. Mayor Pro Tem Winget recessed the meeting at 9:20 pm. Mayor Pro Tem Winget reconvened the meeting at 9:30 pm. 7E. Discuss and consider action on a request by property owner Jasper Chan, for the approval of warrants to increase the side yard fence along Castle Drive and Edna Place from 4 feet to 6 feet and replace the wrought iron with wood, on a property Zoned Form-Based New Neighborhood (FB- NN) District. The approximately 0.255 loti is located about 1,500 feet southwest of Merritt Road and Castle Drive, addressed as 8922 Edna Place also described as Merritt Village Lot 2, Block E. Reason Crist Survey, Abstract No.225 in the City of Rowlett, Dallas County, Texas. Kristoff Bauer, Deputy City Manager, presented this item. The subject property is a 0.255-acre platted lot within the Merritt Village Subdivision. A corner lot separated from Castle Drive by a landscaped open space lot. The request is to construct a six-foot wooden fence behind or in place of the existing four-foot metal fence along Castle Drive and Edna place. These request aims to enhance privacy and safety for the subject property residing adjacent to a major thoroughfare. This item was presented to the Planning & Zoning Commission on January 28, 2025 and received an unanimous vote to add the six-foot wood fence on the subject property. Deputy Mayor Pro Tem Shinder asked if the fence would obstruct a driver's view. It would not. Mayor Pro Tem Winget confirmed that the current wrought iron fence will remain, this is just to add the wood fence next to the wrought iron fence. They have to get approval from the HOA to remove the wrought iron fence. Deputy Mayor Pro Tem Shinder asked if council can approve the fence City of Rowlett 10767 contingent upon the approval to remove the wrought iron fence. Victoria Thomas, City Attorney, confirmed that can be done. Councimember Britton confirmed that we are not taking any action on the wrought iron fence. Councilmember Reaves states that this just gives him the ability to set up a wood privacy fence on his own property. Mayor Pro Tem Winget asked about the warrant. Staff confirmed that this is to add a wood fence. He confirmed that there are two other properties that will be coming forward for the same request. His primary concern is that this would open the door to allow everyone in this subdivision to have a privacy fence when it is zoned for a wrought iron fence. Deputy Mayor Pro Tem Shinder confirmed with staff that this would not be setting a precedent. Itwas suggested to being this item back later in the meeting to give staff time to research this item. A motion was made by Councilmember Reaves, seconded by Counciimember Britton to table agenda item 7E until later in the meeting. The motion passed 6-0. This item was discussed after agenda item 7G. There was a discussion of ORD-21-24 regarding rear fences and double front yard properties. A motion was made by Deputy Mayor Pro Tem Shinder, seconded by Councilmember Britton, to approve the warrant to increase the side yard fence along Castle Drive and Edna Place from 4 feet to 6 feet and replace the wrought iron with wood. The motion failed 3-3, with Councilmember Reaves, Mayor Pro Tem Winget, and Councilmember Schupp voting against. 7F. Consider adopting an ordinance to amend Rowlett Code of Ordinances Sections 34-31 and 34-33, à Use and/or Possession of Firearms. Deputy Mayor Pro Tem Shinder presented this item. This is the correction of the original wording. The current ordinance made it an offense to buy a pellet gun from Walmart and carry it home. The intent is to remove the word possess. The City Attorney cleaned up the ordinance and removed Section 34-33 and consolidated it with Section 34-31. Mayor Pro Tem Winget would like to see the gun range back into the ordinance and allow someone to shoot a pellet or BB gun on your own property. These would be an affirmative defense. A motion was made by Councilmember Reaves, seconded by Councilmember Schupp, to adopt an Ordinance to amend Rowlett Code of Ordinances Sections 34-31 and 34-33, Use andlor Possession of Firearms, with the amendment to include gun range and shooting BB gun not to leave own property as an affirmative defense. The motion passed 6-0. This item was approved as ORD-009-25. Mayor Pro Tem Winget adjourned into Executive Session at 9:56 pm. Mayor Pro Tem Winget reconvened the meeting at 10:24 pm. 7G. Consider an action to approve an agreement with the Dallas Off-Road Bicycle Association (DORBA) to utilize city-owned property for construction and ongoing maintenance of a bicycle trail generally located between Main Street and Miller Heights, east of President George Bush Turnpike; authorizing the City Manager or his designee to execute all necessary documents to effectuate said agreement; and providing an effective date. City of Rowlett 10768 Brittney Farr, Economic and Community Engagement Director, gave background and reviewed the highlight of the agreement. A motion was made by Deputy Mayor Pro Tem Shinder, seconded by Councilmember Britton, to approve an agreement with the Dallas Off-Road Bicycle Association (DORBA) with the amendment to delete the first paragraph on page 3. The motion passed 6-0. This item was approved as RES-026-25. 7H. Consider action to approve a resolution authorizing the purchase of playground flooring and equipment for Kids Kingdom, from WeBuildFun Inc., through a SourceWell Cooperative Contract, for a price not to exceed $2,047,499.31; authorizing the City Manager or his designee to execute all necessary documents to effectuate said purchase; and providing an effective date. Brittney Farr, Economic and Community Engagement Director, gave background information regarding the park and reviewed vendor selection. Councilmember Schupp stated this was extremely well received by the Parks Board. They liked the wood natural features. Councilmember Bowers is extremely disappointed that the entire wood composite will be taken down. There was discussion about keeping the pickets with the names on them. A motion was made by Councilmember Schupp, seconded by Deputy Mayor Pro Tem Shinder, to accept the park structure with the wood composite with the pour and play and turf combo. The motion passed 5-1, with Councilmember Bowers voting against. This item was approved as RES-027-25. MEMBERS OF THE CITY COUNCIL MAY REQUEST TOPICS TO BE PLACED ON AN AGENDA FOR A SUBSEQUENT MEETING. ANY DELIBERATION OR DECISION SHALL BE LIMITED TO A PROPOSAL TO PLACE TOPIC ON THE AGENDA FOR A SUBSEQUENT MEETING. A motion was made by Deputy Mayor Pro Tem Shinder, seconded by Councilmember Britton to receive an update on the status of Sapphire Bay at the second meeting in March. 8. ADJOURNMENT Mayor Pro Tem Winget adjourned the meeting at 1:22 am. hey Jeff Winget, Mayor Pro Tem Deborah Sorensen, City Secretary Approved on: March 4, 2025 City off Rowlett 10769 :