CITY COUNCIL WORK SESSION Powlett MINUTES I 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. Monday, April 14, 2025 6:30 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 6:30 p.m. 2. EXECUTIVE SESSION There was no Executive Session. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY OR APPROPRIATE ACTION ON CLOSEDIEXECUTIVE SESSION MATTERS No action taken. 3. CITIZENS INPUT No Online Input Forms were received. There were no citizens input. 4. WORK SESSION 4A. Discuss Dave Holl's request for a return or license agreement for use of 15 ft. right-of-way on Miller Road in front of the Kayak Crossing property (6917 Miller Road). Deputy Mayor Pro Tem Shinder presented this item. She introduced Dave Holl, and he gave a presentation. Mr. Holl gave a background of his company, Kayak Crossing Outpost, and the various services and service projects he provides. The city passed an ordinance, ORD-003-18, approving his zoning change. In the Ordinance, Section 2, it states that the development standards and regulations set forth in Exhibit D attached hereto and made a part hereof shall be applicable to land uses, structures, the use and occupancy of structures, and the development, construction, operation and maintenance of improvements on the Property described herein. The attached Exhibit D states a 15' right-of-way for the future expansion of Miller Road is dedicated subject to the City providing a license for the use of the right of way until the city uses it for the necessary right-of-way. Mr. Holl applied for a Right of Way and Street Use Non-Construction Permit Application and was granted a permit for ROW for placement of outdoor furniture. He is asking for city council to vote towards the return of the 15' ROW to property owner or produce license agreement as specified by Ordinance ORD-003-18. City of Rowlett 10811 Mayor Pro Tem Winget asked to see Exhibit A oft the Right of Way and Street Use Non-Construction Application referenced in his presentation. Mr. Holl did not have it with him. It was basically the diagram of his property with the ROW. There was discussion of the drawing of Miller Road being shifted south. Councilmember Schupp asked Mr. Holl what he planned to do with the ROW. He currently has picnic tables there and would like to have shades over picnic tables. He was asked if he planned to put down a hard surface in the ROW. He would like to put in a circular drive front of his store. Mayor Pro Tem Winget asked staff if the ROW must be dedicated to Mr. Holl in order to install the circular drive. David Hall, City Manager, stated the PD prohibits access to Miller Road. Staff have looked at it. Councilmember Reaves asked if the 15 ft ROW is from the fence to the store. Mr. Holl stated most of it is. He has about 5 ft immediately in front of his store. Mayor Pro Tem Winget asked about the handicap parking that is in part of the ROW. Mr. Holl stated that it was required by development services. He doesn't think that it is ADA accessible. The water meter sits inside the ROW as well. Mr. Hall stated that he and Mr. Holl have spoken about the property a lot. Mr. Holl wants the 15 ft. ROW returned to him. There is no mechanism that would return the ROW to the property owner. The PD clearly states he cannot have access to Miller Road. There is no obligation to return the 15ft. ROW. There isn't any controversy about him using the 15 ft. ROW. Deputy Mayor Pro Tem Shinder asked what if staff leave the city and next staff interpret it another way and try to take the ROW away? The permit he has is the license referenced in the ordinance. Councilmember Bowers stated she never understood that the permit is the license. Mayor Pro Tem Winget asked if there is any necessity to reclaim the 15 ft ROW property. Do we expect to actually take the ROW for the roadway, do we need to take the land for Miller Road? Victoria Thomas, City Attorney, stated the ROW is needed. The question is do we pay for his improvements, or does he just lose what he puts in there. It needs to be in the agreement. The normal language is that the owner has to remove everything at their own expense. Councilmember Schupp stated to find a way for Mr. Holl to use the ROW until the city needs it. Mr. Holl stated he appreciates the recent professionalism of staff. Mayor Pro Tem Winget stated we need to draft a license agreement that gives clear and delineate as to what can and can't be done. Write it up with clarity. Councilmember Schupp agrees. Mayor Pro Tem Winget asked if there was anything else besides shade sails that Mr. Holl wants to do. Mr. Holl responded he has ADA issues. He wants better gates for security etc. Mayor Pro Tem Winget asked him to think about everything he wants to do within the ROW. Take out the ambiguity language. Councilmember Britton concurs. He asked Mr. Holl to make a five-year plan and think about what he wants. Mr. Holl asked if this will come before city council. Mayor Pro Tem Winget responded no, this can be done administratively approved, Mr. Hall stated that he will bring this before city council to be approved. Mr. Holl agreed. The City Attorney was asked to prepare an amendment. Counciimember Britton asked if this could be done before the election. Mr. Holl will submit a permit application and send it to Mr. Hall. The goal is to have this agreement approved by May 6, 2025. Councilmember Reaves asked if the city takes the ROW, does the city have to pay for taking items down/off. Ms. Thomas stated the city cannot, it is taxpayer money. Mayor Pro Tem Winget confirmed with Mr. Holl that this is crystal clear, whatever you build will be at his own expense and all taken away at his own expense. 4B. Review and consider revising the ordinance regulating home occupations. City of Rowlett 10812 Deputy Mayor Pro Tem Shinder presented this item. She gave an overview and background information. Deputy Mayor Pro Tem Shinder is requesting to revise the ordinance regulating home businesses by establishing clear definitions and exclusions. Currently, there is not a definition for "home occupation" or "home based business". Home Occupations Regulations are allowed in all residential zonings as accessory use. Home based businesses must register with the city and obtain a certificate of occupancy (CO), though a requirement is not found in the ordinance. The administrative challenges ofregistering all remote employees and freelancers would place a burden on staff. There are no fees associated with registration, which means no compensation to city for the extra work. The legislative intent is to ensure the business does not create unsafe conditions, prevent disruption to the lives of surrounding residents, and not intended as a revenue source. Deputy Mayor Pro Tem Shinder is recommending action to request city attorney to revise ordinance language, create exclusions for telecommuters and include home businesses with minimal impact. Impact considerations have no negative impact on residents and no negative impact on surrounding neighborhood. For home occupations standards, the ordinance states iti must be within the dwelling or accessory building and cannot exceed 20% of combined floor area or 500 sq ft. The principal person must reside in the dwelling and only one non-resident employee is allowed. Must be compatible with the neighborhood. No changes to existing buildings and structures. Vehicles must not indicate home occupation. Only one commercial vehicle is allowed, and no vehicle is larger than one ton. There must be sufficient off-street parking for employees. Deputy Mayor Pro Tem Shinder is requesting to revise the ordinance with exclusions and have the city attorney craft the language, create exclusions for telecommuters, create exclusions for home businesses with no negative impact and reconsider size limitations, Mayor Pro Tem Winget asked if this is a zoning ordinance. It is in the zoning code and would have to have a public hearing and go before the Planning & Zoning Commission. Mayor Pro Tem Winget suggested having Recode Rowlett Committee take this up. Councilmember Britton feels this needs to be updated. Councilmember Schupp stated the discussion of neighborhood impact is vague. Do we need to dive into what you can and can't run out of your home. Deputy Mayor Pro Tem Shinder stated the exclusions are robust enough to not allow nuisance businesses. She agrees that more language is needed to exclude Homebased Businesses that have a negative impact to the neighborhood. The consensus is to have Recode Rowlett Committee review the ordinance. Mayor Pro Tem Winget recessed the meeting at 7:36 pm. Mayor Pro Tem Winget reconvened the meeting at 7:42 pm. 4C. Discuss a proposal allowing Metro Fire Apparatus Specialist, LLC (Metro Fire) to evaluate opportunities for the sale of the Spartan 105' Tractor-Drawn Aerial Truck (tiller truck), to align department apparatus with current need. Fire Chief Tim Gauthier presented this item. On October 11, 2022, City Council approved a resolution authorizing the purchase of a Spartan 105' Tractor-Drawn aerial truck (Tiller). The apparatus was set to be delivered in February/March of 2025. There is a two-year build time for custom and specialized apparatus and the make-ready component is an additional 2 to 3 months. Staff assessed apparatus needs, and it was apparent that a Tiller Truck no longer fit the needs of the organization and could hamper normal operations due to adjusted response patterns. Staff requested the need to explore the possibility of selling and/or exchanging the Tiller Truck for fire response vehicles that are aligned with current needs. Metro Fire was approached about the possibility of selling the Tiller Truck in exchange for(2) Spartan 180 Pumpers. This is not a common City of Rowlett 10813 practice for departments and/or apparatus dealer, but Metro Fire agreed to evaluate the feasibility. Metro Fire agreed to not charge any fees or percentage for selling the truck. Staff is looking for a consensus from City Council to allow Metro Fire to move forward with the sale of the Tiller Truck and reallocate funds toward the purchase of (2) Spartan S180 Pumpers. Councilmember Britton asked since we bought the Tiller Truck specific to the needs of Sapphire Bay, will we have a deficit in services. Chief Gauthier stated no. Deputy Mayor Pro Tem Shinder appreciates Metro Fire being willing to work with the city. Mayor Pro Tem Winget confirmed that the Tower Truck will be able to maneuver Sapphire Bay. He also asked if these are new vehicles or replacements. The Tiller was new SO one would be new, and the other is scheduled to replace Engine #2. Councilmember Reaves asked if this would put us ahead of new trucks. For the most part yes. He also asked how long Metro Fire is willing to hold on to the Tiller Truck until it is sold. Chief Gauthier replied six months. There is a consensus to sell the Tiller Truck and purchase two Spartan 180 Pumpers. 5. DISCUSS CONSENT AGENDA ITEMS FOR APRIL 15, 2025 CITY COUNCIL MEETING. Deputy Mayor Pro Tem Shinder requested to have agenda item 6C pulled from the consent agenda for discussion. Councilmember Britton agreed. 6. ADJOURNMENT Mayor Pro Tem Winget adjourned the meeting at 8:00 pm. - Jeff Winget, Mayor Pro Tém Deborah Sorensen, City Secretary Approved on: May 6, 2025 City of Rowlett 10814