CITY COUNCIL Rovlett MEETING MINUTES T E X A 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 June 17, 2025 7:00 P.M. Municipal Building - 4000 Main Present: Mayor Jeff Winget, Mayor Pro Tem Michael Schupp, Deputy Mayor Pro Tem Mike Britton, Councilmember Jonathan Reaves, Councilmember Marvin Gibbs, Councilmember Elise Bowers, and Councilmember John P. Bowers III. INVOCATION The invocation was led by Rev. Ann Dotson, First Christian Church. PLEDGES OF ALLEGIANCE The Pledges of Allegiance were led by the City Council. 1. CALL TO ORDER Mayor Winget called the meeting to order at 7:00 p.m. 2. EXECUTIVE SESSION (To be held after Regular meeting.) 2A. The City Council will convene into closed, executive session pursuant to Section 551.071(1)A) of the Texas Government Code (Consultation with City Attorney) regarding pending litigation, to wit: (a) City of Rowlett, Texas and Garland Independent School District V. Pecos Housing Finance Corporation and Shane Docherty, in his official capacity as Chief Appraiser of the Dallas Central Appraisal District, Cause No. DC-25-07779 in the 134th Judicial District Court of Dallas County, Texas; and (b) City of Rowlett, Texas and Garland Independent School District V. Pleasonton Housing Finance Corporation and Shane Docherty, in his Official capacity as Chief Appraiser of the Dallas Central Appraisal District, Cause No. DC-25-07778 in the 191s! Judicial District Court of Dallas County, Texas. 2B. Pursuant to Section 551.071(2) of the Texas Government Code regarding regulation of activities by extraterritorial housing finance corporations. Mayor Winget adjourned the meeting into Executive Session at 10:03 pm. 3. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY OR APPROPRIATE ACTION ON CLOSEDIEXECUTIVE SESSION MATTERS City of Rowlett 10866 5. CITIZENS INPUT Five Online Input Forms were received. 1. Mary Childs, Rowlett - Spoke regarding her house on Scott Drive flooding. The first time her house was flooded was May 5, 1995. Had major repair to the house due to the flood. They have done everything to keep water from flooding the house. They have built walls, etc. to keep the water away from the house. This past Wednesday morning, her house flooded again. What is going to keep this from happening again. She needs help from the city. Her house is ruined. 2. Jay Farley, Rowlett - Spoke regarding the flooding on Scott Drive. His house flooded Wednesday morning. He does not have flood insurance because he is in a flood plain. On the corner of Rowlett Road and Miller Road, there is a large storage place that used to be an open field. Now there is nothing but concrete and nowhere for the water to go. The city needs to do something about this. 3. Rachel Ashford, Rowlett - Spoke regarding Primrose School. When the sewer collapsed it flooded and ruined Primrose School. They are now closed until remediation can be completed. She spoke highly of Primrose School and stated that it is a community. She wants the city to deploy all resources to help with remediation of Primrose. 4. George Marc, Rowlett - Spoke regarding a tree falling and breaking his fence. He filed a claim with the City regarding his fence, however, TML denied his claim. He wants his fence repaired. There was another tree collapse, and it took the Parks Department 13 days to pick it up. 5. Dave Holl, Rowlett = Gave update regarding the current condition of the ADA dock at Paddle Point Park. The lift bars are broken, and the ADA docki is not in compliance with ADA, regardless of what the City's ADA inspectors say. The city needs better ADA inspectors. 6. Nancy Snowden, Rowlett - Spoke regarding Primrose School. She is a parent of two children who attend Primrose School. This isn't about one school, this is about the value of the family. When the sewer collapsed and ruined Primrose School, families were displaced. They are scrambling to find care for their children, as their children are crying, wanting to go back to their school. There is a deeper breakdown, and the city needs to do something. 7. Louise Fassett, Rowlett - Spoke regarding Primrose School. She is concerned about the indefinite closure of Primrose School, which has displaced 200 children and 100 families. Families rely on this school. Families will have to find other schools outside of Rowlett. Her support system came out of Primrose. It is crucial that City Council take action. 8. Jeffrey Sheldon, Rowlett - He represents Senior Citizens of Rowlett. They will be offering a seminar on scams on June 25, 2025, at 11 am at the Rowlett Community Centre. The name of the seminar is How to Recognize a Scam and How to Protect Yourself. Office Matthews will be speaking at this seminar. 9. Robert Quisenberry, Rowlett = Spoke regarding the flooding on Scott Drive. On June 3rd, he woke up to 3 inches of water in his house. He has tried to mitigate the flood but had to call professionals. This happened in 1984 and as a result, he put in french drains to mitigate future floods. He is requesting help from the city. It is time to fix the flooding problems. 6. CONSENT AGENDA 6A. Consider action approving the minutes. City of Rowlett 10869 Consider action to approve minutes from the following City Council meeting(s): June 3, 2025, City Council Meeting. This item was approved on the Consent Agenda. 6B. Consider action approving an agreement for temporary closure of state right-of-way. Consider authorizing the City Manager to execute an agreement for the temporary closure of state right-of-way to facilitate the Fireworks on Main event. This item was approved on the Consent Agenda. 6C. Consider action approving Oncor's Distribution Easement Information Form. Provide consensus for City Manager to sign and submit Oncor's Distribution Easement Information Form along with all necessary documents and information required by, Oncor Electric Delivery Company for preparation of an easement in a form acceptable to Oncor and granting to Oncor a ten-foot wide utility easement for the transformer of Fire Station #5 Sapphire Bay. This item was approved on the Consent Agenda A motion was made by Deputy Mayor Pro Tem Britton, seconded by Councilmember Reaves, to approve all the preceding items marked as having been approved on the Consent Agenda. The motion passed 7-0. 7. INDIVIDUAL CONSIDERATION 7A. Conduct a publichearing on a request by Roberto Nuhes, on behalf of property owner 1800 Dalrock LLC, regarding a request to amend the Comprehensive Zoning Ordinance and Map for an approximately 1.32 acre parcel out of the Shafer Plaza Addition to the City of Rowlett, Block A, Lot 1, Rockwall County, Texas and specifically for Suite #400 thereof, from Planned Development with a General Commercial/Retail base zoning (PD - C-2) to Planned Development with a General Commercial/Retail base zoning and a special use permit allowing convenience store/smoke shop use (PD - C-2 - SUP). Lilyana Morejon, Planner, presented this item. The request is for the operation of a convenience/smoke shop in an established retail strip center along Dalrock Road (1800 Dalrock Road, Suite 400). The subject property is zoned Panned Development with General Commercial/Retai. (C-2) uses. Currently, approximately 12 vape and CBD stores are operating in Rowlett. The applicant's proposed site is located over 2.5 miles south of these existing businesses. The proposed business/shop will occupy 1,000 square feet of Suite 400's 3,600 square feet, requiring five parking spaces. The percent breakdown of products are E-Cigarettes (25%), Tobacco & Cigars (10%), CBD Products (45%), Novelty Items (10%) - gummies, oil, creams, and disposables = and Miscellaneous Products (10%) - incense, detox, lighter, lighter fluids, and ashtrays. The proposed hours are 9 am to 10 pm. This tem went before the Planning & Zoning Commission for consideration on March 25, 2025. The Planning & Zoning Commission, on a 4-2 vote, recommended denial of the request. Following the Planning & Zoning Commission meeting, the applicant submitted updated information proposing the following revised product/sales City of Rowlett 10870 breakdown: Vape Items (65%), CBD Oils and CBD Vapes (20%) and General Convenience store Items (15%). Five 200-Foot Public Notices were mailed with no responses and Eleven 500-Foot Public Notices were mailed with no responses. There were 17 online responses in opposition of this request. The applicant's representative, Roberto Nunes, stated their proposal is for a new development located at 1800 Dalrock Drive, Suite 400. His client would like to operate a small vape shop. The broker and property owner suggested this ousiness type because of SO much demand coming from the community, requests from real customers who visit the convenience store next door to the shopping center. This suite operated a smoke shop previously. The nearest smoke shop is within 4 miles north, and no other within 8 miles to the East and West. The store will operate as a small convenience store, with pre-packaged food items, bottles, fountain drinks, milk and other typical convenient store items. His client has a clause in his lease where he cannot sell any bongs, or marijuana smoke pipes, or any "State regulated illegal items". Mayor Winget opened the public hearing at 8:14 pm. Nick Lalani, Plano Spoke in favor of the request. He is the applicant. He thought it would be ok to have a vape shop in Rowlett. He has signed a 5-year lease with the building management for this shop. Kayla Barnes, Rowlett - Spoke against this request. She is against the vape shop in this location. The neighborhood just outside of the 500 feet radius is against the vape shop. There were 17 online responses in opposition to the vape shop. She thanked the City Council for not allowing QuikTrip to come into their neighborhood. She stated that Bayside could use City Council's support and get better amenities. They do not want to see any more vape shops, gas stations, or liquor stores. There are 12 vape shops in Rowlett and 2 gas stations right outside of Bayside that you can get your vape supplies at. Kevin Lloyd, Rowlett - Spoke in favor of this request. He is also an employee of the building owner. He has lived in Rowlett for 8 years. He has seen the influx of vape shops around the city and knows it is not the type of retail most want to see. He wants Rowlett to thrive. This property is at the end of Dalrock right before you get to -30. David English is the realtor trying to market the building. They. just aren't getting any phone calls. There were concerns about placing another vape shop in the building. They did put a provision in the applicant's lease that the sale of legal vape and CBD products are allowed, tenant will not be allowed to carry pipes, bongs or any other drug paraphrenia. He does support this request. He feels that this tenant will do everything right. Mark Andrews, Heath = Spoke in favor of this request. This building has never been full. There have been businesses that should have made it but failed. Retail struggles in this area and the Bass Pro Shop area. There is a problem with the homeless. This store will be open until 10 pm, which will discourage some of the activities taking place at nighttime. The tenant will be putting in cameras and adding trees to the property. This is great because he has put in Agave trees, and they have been dug up and stolen. He feels that this tenant will be good for the community. It will be a benefit to the building. Brunch 30 is also located there and will create more traffic there. There has not been a consistent tenant and is hoping this applicanttenant can make it work. Mayor Winget closed the public hearing at 8:27 pm. Mayor Winget adjourned the meeting into Executive Session pursuant to Section 551.071 Consultation with City Attorney at 8:28 pm. City of Rowlett 10871 Mayor Winget reconvened the meeting at 8:33 pm. 7B. Consider action to adopt an ordinance amending the Comprehensive Zoning Ordinance and Map for an approximalely 1.32 acre tract out of the Shafer Plaza Addition, City of Rowlett, Block A, Lot 1, Rowlett, Rockwall County, Texas and commonly known as 1800 Dalrock Road, specifically for Suite #400 thereof from Planned Development with a General Commercial/Retal base zoning (PD - C-2) to Planned Development with a General Commercia/Retain base zoning with a Special Use Permit to allow for convenience store/smoke shop use on the property (PD - C-2 - SUP). Councilmember Reaved asked if we have the statistics on the crime rate? The applicant does not have that information and staff can obtain it, just don't have it right now. He also asked how much sales tax does do these shops generate? Staff do not have the data currently. Councimember Gibbs asked the applicant about SB 3 that is pending the governor's signature. Is he concerned or worried about the bill? The applicant stated that he is not worried. Most of his business is e-cigarettes. 65% of his ousiness is e-cigarettes, SO the ban of CBD is not a problem for him. Councilmember Gibbs stated that he has a concern about the health and safety of our children regarding getting CBD products. What safeguards do they have to prevent this. The applicant, Nick Lalani, stated that he trains his employees. You must slide the driver's license to make sure that itis not a fake and in order to complete the sale. He does not allow anyone under the age of 21 to go inside his shop. He will also have the bars/guides behind the window when he closes like they have in the liquor stores. He will also coordinate with the police department and have cameras. Mayor Winget asked what was changed after the Planning & Zoning Commission recommendation of denial. Robert Nuhes, the applicant's representative stated that the percent of product changed. He initially had the wrong product percentages. The main sell is e-cigarettes, 65%. Mayor Winget asked where the other stores are that the applicant owns. Mr. Lalani stated that right now only one, at 190 and Alma. Mr. Nuhes further added that he has 50 signatures in favor of having the vape shop and presented them to City Council. Mayor Winget asked staff about the process of submitting a building permit and application for SUP. Deputy City Manager Kristoff Bauer stated that the city has a development review committee (DRC) that applicants come to that is free. Mr. Nunes stated the applicant was unaware of the DRC. A motion was made by Councimember Reaves, seconded by Councimember Gibbs, to postpone this item to a future meeting. Councimember Reaves further added that he needs more information from staff about crime statistics with vape shops. Motion passed 4-3, with Mayor Winget, Mayor Pro Tem Schupp, and Deputy Mayor Pro Tem Britton voting against. Mayor Winget confirmed with the City Attorney that the item will have to be noticed for another public hearing. 7C. Conduct a public hearing on a request by Stefanie Cooke, on behalf of property owner Kent Stainback, KMS Retail Huntsville LP, for an amendment to the Comprehensive Zoning Ordinance and Map for an approximately 2.85 acre tract described as a portion of Lot 6RA, Block A of the amending replat of Lukes Landing Lots 5ARA and 6RA, Block A, in the City of Rowlett, Dallas City of Rowlett 10872 County, Texas from General Commercial/Retail (C-2) to General Commercial/Retal. with a Special Use Permit to allow for an unmanned aircraft system hub (C-2-SUP). Brittany Musser, Senior Planner, presented this item. The property is located at 5408 Kentwood Drive and is zoning General Commercial/Retal (C-2). The request is for a Special Use Permit for an Unmanned Aircraft System (UAS) Hub. It is a 2.85-acre site with 10,600 sq. ft. UAS Hub. it is approximately 500 feet from the nearest residential area. The site is conforming to all approved use-specific regulations. UAS Hub will have 10 docks, gravel paving and 8 ft. welded wire mesh screening fence. No landscaping is being proposed. It is conformation with all use specific regulations. The applicant is requesting to only have concrete paving for the entire site except for under the proposed generators. They are requesting no paving for up to 18 months, after which the applicant will bring the site into compliance with Section 77-504 of the RDC. They are requesting an 8 ft chain link fence. The Planning & Zoning Commissionrecommended 8 ft. chain link fence for 12 months, after which the applicant will replace the chain link fence with a wrought iron fence and temporary container to be replaced with a permanent structure approved by the City. Eleven 200- Foot Public Notices were mailed with one response in favor and Forty-three 500-Foot Public Notices were mailed with two responses in opposition. The applicant stated Zipline is the world's largest drone delivery service. Zipline has more than 10 approved permits, 20+ sites under development, 5+ sites under construction, and 2+ sites operational. Zipline helps communities save time, safer roads, reduced traffic, economic opportunities, and improved access. The applicant described how the platform works. Zipline has safely flown over 100 million miles. Zips use FlightiQ, our autonomy and perception suite that make flights and deliveries smarter and safer. Mayor Winget opened the public hearing at 9:11 pm. Ken Herman, Garland - He owns Sky Eyes, an aerial based company, and supports this SUP. Mayor Winget closed the public hearing at 9:13 pm. Mayor Winget asked the applicant to discuss the noise impact. The larger aircraft stays 300 feet in the air and the smaller aircraft is released down to the ground. Whether they are docking at the HUB or delivering, they are at 53 to 64 decibels. The applicant presented the Zip, which is the actual delivery container. Councilmember Bowers III asked what safety mechanism they have for people and property. The applicant explained the safety mechanisms. 7D. Consider action to adopt an ordinance granting a change to the Comprehensive Zoning Ordinance and Map by granting a change in zoning for an approximately 2.85 acre tract described as a portion of Lot 6RA, Block A of the amending replat of Lukes Landing Lots 5ARA and 6RA, Block A, in the City of Rowlett, Dallas County, Texas from General Commercial/Retal (C-2) to General Commercial/Retail with a Special Use Permit to allow for an unmanned aircraft system hub (C-2- SUP). Mayor Winget stated that the ordinance that is in the packet is what the Planning & Zoning Commission recommended versus what the applicant requested. City of Rowlett 10873 A motion was made by Deputy Mayor Pro Tem Britton, and seconded by Mayor Pro Tem Schupp to adopt an ordinance granting a change to the Comprehensive Zoning Ordinance and Map by granting a change in zoning for an approximately 2.85 acre tract described as a portion of Lot 6RA, Block A of the amending replat of Lukes Landing Lots 5ARA and 6RA, Biock A, in the City of Rowlett, Dallas County in keeping with the provisions and stipulations of the Planning & Zoning Commission's recommendations. Motion passed 7-0. This item was approved as ORD-018-25. 7E. Conduct a public hearing on a request by Brian Boro on behalf of property owner KMS Retail Huntsville LP to 1) Rezone the subject property from Commercial (C) District to Planned Development (PD) District for Multi-Family Attached Residential Townhouse (MF-TH); 2) Approve a Concept Plan to construct 30 Townhomes; 3) Amend the Comprehensive Plan; and 4) Amend the official Zoning Map of the City. The property is located generally south of Kenwood Drive and west of Cypress Drive, consisting of a 4.31-acre tract describes as a portion of Lot 6RA, Block A of the amending replat of Lukes Landing Lots. 5ARA and 6RA, Block A, in the City of Rowlett, Dallas County, Texas. Brittany Musser, Senior Planner, presented this item. The property is 4.31 acres and proposing 30 townhomes. The request is for a zoning change and comprehensive plan amendment. The current zoning is General Commercial/Retail (C-2) and the request is for a Planned Development with Multi-Family Townhouse. The concept plan consists of 30 townhomes individually platted, 2 parking spaces per unit and 14 visitors parking provided, with access via Kenwood Drive and the private street to be maintained by HOA. The conceptual landscape plan was reviewed. The amenities provided are picnic tables, pergola, dog park, and community area. Thirty-four 200-Foot Public Notices were mailed with one response in favor and Eight 500-foot Public Notices were mailed with two responsesinfavor and two responses in opposition. At the May 13, 2025, meeting, the Planning & Zoning Commission unanimously recommended denial of this request. The applicant gave a presentation regarding the zoning change. They are suggesting developing 30 townhomes on a private street with individual plating. Front-loaded garages with no alleys. The project includes a community open space, dog park, and visitor parking. The HOA will manage shared infrastruclure. They are proposing a 6-ft wood fence with one tree per 35 feet for improved screening with adjacent neighborhood. The applicant reviewed the architectural renderings and site plan. They are requesting deviations from Base Zoning by having a private street development, alley waiver, 60 ft lot depth, front-loaded garages, double frontage lots and primary entryway landscaping. Councimember Gibbs asked about HOA rules allowing short term rentals. The applicant stated that they will present the HOA documents for approval by City Council. They are open to public engagement. Mayor Winget asked if the city can require owner occupied and can we approve the HOA documents. Ms. Musser stated that our ordinances do not require that City Council approve of the HOA documents. Victoria Thomas, City Attorney, stated that the City cannot require owner occupancy. Ms. Musser stated that this development will be individually platted. Mayor Winget asked the applicant if they had any concerns of the project that was just approved to be next door to this development. They are not concerned. Councilmember Reaves asked about the architectural renderings and if it is three stories. The applicant confirmed that it would be three City of Rowlett 10874 stories. They will be built in clusters of three and four. Councimember Reaves expressed concern that the neighborhood behind this development, that three stories will be too tall and will have direct sight into the backyards. The applicant stated that there will not be any balconies on the back side. The applicant further added that the owner stated that they will go to two stories buildings. Mayor Winget opened the public hearing at 9:43 pm. No one spoke for or against. Mayor Winget closed the public hearing at 9:43 pm. 7F. Consider action to adopt an ordinance amending the Comprehensive Zoning Ordinance, Map and Plan of the City of Rowlett, Texas, as previously amended, by granting a change in zoning from Commercial (C) District to Planned Development (PD) District with a base zoning of Multi-Family Attached Residential Townhouse (PD - MF-TH) for an approximately 4.31 acre tract described as a portion of Lot 6RA, Block A of the amending replat of Lukes Landing Lots 5ARA and 6RA, Block Ai in the City of Rowlett, Dallas County, Texas; approving a Concept Plan for the construction of 30 Townhomes; approving a Landscaping Plan; approving an Amenities Plan, approving Building Elevations; and approving Development Standards and Regulations. A motion was made by Mayor Pro Tem Schupp, and seconded by Deputy Mayor Pro Tem Britton, to deny a request to rezone the 4.31-acre tract to a Planned Development District to develop a neighborhood consisting of 30 townhomes. Councilmember Reaves stated that he is in favor oft this development. Motion failed 3-4, with Councilmember Reaves, Councimember Gibbs, Councimember Bowers, and Mayor Winget voting against. A motion was made by Councilmember Reaves, and seconded by Councilmember Bowers III, to approve adopt an ordinance amending the Comprehensive Zoning Ordinance, Map and Plan of the City of Rowlett, Texas, as previously amended, by granting a change in zoning from page 4 of 4 Commercial (C) District to Planned Development (PD) District with a base zoning of Multi-Family Attached Residential Townhouse (PD - MF-TH) for an approximately 4.31 acre tract described as a portion of Lot 6RA, Block A of the amending replat of Lukes Landing Lots 5ARA and 6RA, Block A in the City of Rowlett, Dallas County, Texas; approving a Concept Plan for the construction of 30 Townhomes; approving a Landscaping Plan; approving an Amenities Plan, approving Building Elevations; and approving Development Standards and Regulations with the amendment of the most northern section of townhomes that go up against the neighborhood be two stories and the remainder of the development be as it is. Motion failed 3-4, with Councilmember Gibbs, Mayor Winget, Mayor Pro Tem Schupp, and Deputy Mayor Pro Tem Britton voting against. 7G. Consider action to adopt an ordinance amending the Code of Ordinance of the City of Rowlett, Chapter 58 "Taxation" by adding a new Article VI"Ad Valorem Tax Exemptions for Housing Finance Corporations". Mayor Winget presented this item. Mayor Winget has been working with the City Manager and City Attorney on this ordinance. This will require that an ETJ Housing Finance Corporations (HFC) apply for ownership of a property with the operation of a tax credit development in the city limit. Victoria Thomas, City Attorney, stated that this ordinance would apply to the HFC requiring them to reapply every taxing year. City of Rowlett 10875 AI motion was made by Councimember Reaves, and seconded by Deputy Mayor Pro Tem Britton, to adopt an ordinance amending the Code of Ordinance of the City of Rowlett, Chapter 58 Taxation" by adding a new Article VI "Ad Valorem Tax Exemptions for Housing Finance Corporations" . Motion passed 7-0. This item was approved as ORD-019-25. 7H. Consider action to adopt a resolution amending the Master Fee Schedule for the City of Rowlett by adding the fee for Extraterritorial Housing Finance Corporation Application to own real property for residential development with the City; providing that other fees not listed but now charged pursuant to other ordinances and resolutions shall remain in effect until transferred to the Master Fee Schedule by amendment. Mayor Winget presented this item. Mayor Winget asked Assistant City Manager, ReNissa Wade, if staff have a recommendation for the application fee. Ms. Wade stated that staff are recommending $3,000 base fee for the application fee. This is based on reviewing other structures and fees based on this subject. A motion was made by Mayor Pro Tem Schupp, and seconded by Councimember Reaves, to adopt a resolution amending the Master Fee Schedule for the City of Rowlett by adding the fee for Extraterritorial Housing Finance Corporation Application to own real property for residential development with the City; providing that other fees remain in effect; providing a repealing clause, providing a severability clause; and an effective date, and a fee amount of $3,000. Motion passed 7-0. This item was approved as RES-074-25. 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. None. 8. ADJOURNMENT Mayor Winget adjourned the meeting at 10:23 pm. Doensen Jeff Winget, Mayor Deborah Sorensen, City Secretary Approved on: July 1, 2025 City of Rowlett 10876