City Council - Regular Meeting

Good evening, folks. It is 7 o'clock, and we have a quorum in our city chambers. And as we do with every meeting, before I call Dr. McKinley up here, I'm obviously not Jeff Winget. Jeff is with his family in Abilene, getting his oldest daughter situated in Abilene Christian University. So he's probably going to have some tears as he drives back tonight, but he won't be here, so I'm filling in for him. So I would like to invite Dr. McKinley, Alton McKinley, to come down from the First Relic Friendship Church. Okay, and he's going to lead us in our invocation if you'd all stand.

for your continued protection over our lives. Now, Lawrence, we enter into this sacred place to discuss the business of the people of this city according to your will. I just pray for your mercy, your wisdom, your understanding, your understanding. Give us a peace that passes all understanding, that we can unite under all the things that we need to unite on. Bless all the things that we need to have blessed, Lord. But more important, allow us to have the fellowship, one among each other, that represents who you are in our lives, Lord. And we thank you for these leaders here, Lord. We just pray you protect them, you keep them, you protect their families, oh, and you continue to pour into them your grace and your mercy, Lord. And we just pray for this great city, that we continue to be a beacon light unto the world. showing them the way that you will have us to live, to act, to love, and to share. Now, Lord, have your way as only you can in this meeting, and we give you in your name all the praise and all the glory. It's in your son Jesus' name we pray. Amen. Thank you, Pastor.

We will have our pledge. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. And now a Texas pledge.

Honor the Texas flag.

I pledge allegiance to thee, Texas, one state, under God, one and indivisible. All right. Our first item on the agenda tonight, 2A, is a presentation of proclamation recognizing August the 21st, 2026, as National Senior Citizens Day. And I'll make a presentation, and I'll be asking our chairperson, Pam Bell, and senior advisory board to join me at the podium. All right, National Senior Citizens Day is an annual observance. It's held on August 21st. It honors our older adults, recognizes their lifetime contributions to society, and raises awareness about issues affecting them. National Seniors Day, Citizens Day, observed annually on August 21st, recognizes the invaluable lifelong contributions of older adults to our families, communities, and society. Improved healthcare has transformed demographics and enhanced the productivity of older citizens, allowing them to remain more active than ever before. With expanded opportunities, many seniors now embark on second careers and serve as inspiring role models for younger generations. The foundation and stability of our communities are the direct result of their enduring hard work, making them deeply deserving of our gratitude and respect. The history of this observation dates back to 1988, when President Ronald Reagan signed Proclamation 5847, officially designated August 21st as National Senior Citizens Day. In his proclamation, President Reagan emphasized that older individuals have achieved a great deal throughout history and continue to enrich our nation, stating that we owe them our thanks and heartfelt statue. And with that, I will read the proclamation. Whereas the senior citizens of Rowlett have made lasting contributions to our community through their leadership, service, volunteerism, mentorship, and dedication to their families and neighbors, and whereas older adults possess a wealth of knowledge, experience, and wisdom that strengthens our community, preserves our history, and provides guidance and inspiration for future generations, and whereas senior citizens continue to enrich the city of Rowlett through active participation in civic organizations, places of worship, local businesses, neighborhood activities, and community programs. And whereas National Senior Citizens Day provides an opportunity to recognize the achievements of older adults and express our appreciation for the important roles they play in building and sustaining a strong, caring, and connected community. And whereas the city of Rowlett is committed to promoting the health, independence, dignity, safety, and quality of life of its senior residents and to fostering a community in which people of all ages are valued, respected, and supported. And whereas all residents are encouraged to honor the senior citizens in their lives, listen to their stories again and again and again, learn from their experiences, and recognize that many ways they continue to make Rowlett a better place to live. Now, therefore, I, Mike Britton, Mayor Pro Tem of the City of Rowlett, and on behalf of the City Council, do hereby proclaim August 21st, 2026, as National Senior Citizens Day. In the City of Rowlett, Texas, I encourage all residents to join in celebrating our senior citizens and thanking them for their invaluable contributions to our families, neighborhoods, and communities. Would our chairperson like to say a comment? You're fine. Okay.

Okay. Three, two, one. Three, two, one. Thank you.

ALL RIGHT, ITEM 2B, WE'LL HAVE AN UPDATE FROM THE CITY COUNCIL AND MANAGEMENT FINANCIAL POSITION, MAJOR PROJECTS, OPERATIONAL ISSUES, UPCOMING DATES OF INTEREST, AND COMMUNITY INTEREST. AND BRINGING THAT TONIGHT IS COUNCILMAN CHRIS GUZZAR.

THANK YOU, MAYOR PRO TEMP. MR. BRITTON. Under communications and community engagement, the city of Rowlett is inviting residents to help shape our community's future as we begin the process of developing the city's next strategic plan. Two community conversations will be held at the Rowlett Community Center. One on Wednesday, September 2nd at 7 p.m. The second is on Thursday, September 3rd at 8.30 a.m. These conversations are an opportunity for residents to share what they believe Rowlett should focus on in the years ahead. Community input will help inform the priorities that guide the city's future decisions, investments, and services. We hope to see you there. Live on Main, downtown Rowlett is about to become your favorite fall hangout. Our Live on Main series returns in September with four unforgettable evenings of live music, local vendors, and all-around good vibes. You can join the fun from 6 to 9 p.m. on September the 5th, 12th, 19th, and 25th. More details can be found at Rowlett.com. With the library, make your library even better by completing their survey at Rowlett.com slash library. Taking a few minutes to share your thoughts helps to design the programs you love, offer the services you need, and build a collection that reflects the community. Find the survey at Rowlett.com slash library. On Saturday, September 5th at 11 a.m., patrons of all ages can unwind and connect at the library's community puzzles and board game program. Leave the electronics behind as you spark up some friendly competition with the board game, complete a puzzle, and enjoy a fun morning of play. Under our Parks and Recreation, the Wet Zone Waterpark is still open on weekends now until Labor Day. Beat the heat and enjoy a day of fun with your family at the Wet Zone Waterpark. For more information, visit wetzonewaterpark.com. The Rowlett Senior Resource Fair is a free annual event hosted by the Rowlett Senior Advisory Board. It connects older adults, families, and caregivers with local organizations offering health care, financial guidance, insurance options, community service, and other resources for seniors. The Senior Resource Fair will take place at the Rowlatt Community Center on Tuesday, September 8th, from 9 a.m. to 12 p.m. That's all I got.

Thank you, Mr. Kazar. And now we'll hear from Councilman Fassett from our Animal Shelter.

Okay. Okay. Let me get my presentation up there and make sure. You'll see Dulcy up there. Meet Dulcy. This is a one to two year old shepherd sweetness of a girl who truly lives up to her name. Dulcy loves everyone she meets, including those with four legs. There's a bonus about Dulcy. She is great on a leash. However, she has the most adorable habit of stopping frequently just so you can give her some pets and love. Actually, Carter has the same problem when you walk with him. Dulce is looking for a family who will love her as much as she loves everyone she meets. If you'd like to meet Dulce or you're interested in the other animals, the Rowlett Animal Shelter Services welcomes you to come visit. They are located at 4402 Industrial Street and are open from 10 a.m. to 5 p.m. Tuesdays through Saturdays. And we have a second one here and a bonus, and it's a happy pup update. We're happy to announce that Robin was invited to a pool party and has been adopted. You, too, can make a difference. Even if adoption is not an option for you, fostering is a powerful way to help shelter a dog in need.

Thank you, sir. Any other council members have any things that they'd like to bring up, announce? I have one little thing here. I don't know if you remember last time we met, I introduced you to Sandy and Broda McAllister. They are a couple that live in the Lux, and they are competing in America's Favorite Couple. They are still in the running, and they're progressing pretty good up the chain. The cutoff for the next round is the 27th, and we're hoping they make that round. So if you're inclined to vote for them, you can go to americasfavcouple.org slash 2026 slash broda hyphen and hyphen sandy and cast your votes. I know they'll appreciate that. All right. The next item on our agenda is citizens input. At this time, comments will be taken from the audience on any topic. No action could be taken by the council during citizens input. I do have a number of cards. First one on the list is Dave Hall. You'll have three minutes and Dave Hall will be followed by Sanath Mufa. I hope I pronounced your name correctly.

Dave Hole, Rowlett. Last night, you discussed reducing the 50-50 in-house sidewalk repair budget by about $45,000. Since this is an in-house use of resources, intercompany accounting should apply. Simply reducing an intercompany expense budget reduces nothing. To have a positive effect for the residents, You would need to either first take those intercompany resources and instead of repairing sidewalks, use those Rowlett City resources to fill potholes or something else to benefit the residents. Or you could reduce budgeted and actual expenses by $45,000. For example, return a lease backhoe or take a full-time Public Works employee, one FTE, and make them a part-time Public Works employee, 0.5 FTE. It's been over 50 years since I sat in an intermediate accounting classroom, but I don't believe the theory of reporting for intercompany transactions and construction has changed in the last half century. I don't think this was adequately explained so that the residents understood. Next, the streaming video from last night had a technical issue where Dan's and my citizen input was deleted and could not be recovered. To not allow us to repeat that citizen input with three minutes allocated for this tonight is another example of a lack of transparency here in the governance of Rowlett. I hope you have good notes to prepare the minutes for last night. Thank you.

Thank you, sir. So now I move up. I HOPE I PRONOUNCED THAT CORRECTLY. OKAY. NEXT WE'LL HAVE ALLEN HOGAN. STATE YOUR NAME AND CITY OF RESIDENCE.

Good evening, council members. My name is Sainat Muta and I'm a homeowner and property investor in Sapphire Bay. I purchased my property in September 2023 for approximately $770,000. I'm here tonight because I believe the city needs to hear directly from homeowners who invested in Sapphire Bay based on the development that was publicly presented to us. Sapphire Bay was marketed as an approximately a billion dollar project with major amenities including a large lagoon, surf village, resort, restaurants, retail and other commercial development. These were not minor features. They were an important part of the vision and from my perspective an important factor in the value I believed I was purchasing. I understand that large developments can experience delays. I also understand that Not every project proceeds exactly according to its original schedule, but I have now experienced a significant financial impact. My mortgage is approximately $6,000 per month. When the property was rented, I generally approximately received $3,000 to $3,600 per month. before considering HOA, taxes, insurance, maintenance, and other expenses. My tenants moved out in December 2025. I listed the property for sale in April 2026, and despite reducing and asking price to approximately $674,000, I have significantly difficulty finding a buyer. I continue to carry substantial expenses on the property. continued to hold the property and absorb significant negative cash flow because I believe the Safar Bay development would eventually move forward and That the promised amenities would provide economic activity and value that had been represented Then in October 2025 the city issued a notice of default to the Safar Bay developer citing failure to diligently pursue the development I'm not here tonight to accuse anyone of of fraud. I have requested a legal council to request what the builder and developer knew at the time homes were being sold and whether the representations made to buyers were accurate and complete. But I'm asking the city for transparency. What is the city's current assessment of the future of the major Sapphire Bay amenities, particularly the lagoon, surf village and the resort? What is the city's plan if those major components are not completed? And most importantly, what can the city do to communicate with and protect the interests of homeowners who have invested hundreds of thousands of dollars based on the development that was presented to us? I'm not asking the city to resolve my private legal matter tonight. I'm asking you to recognize that there are homeowners behind this development, and some of us have suffered substantial financial losses while waiting for the promised project to materialize. I respectfully ask the city to provide homeowners with as much transparency as possible about tonight.

Thank you, sir. Our next speaker is Alan Hogan, followed by Laura Cahala. I mispronounced that. I'm sorry.

Hey, my name is Alan Hogan. I am a citizen of Rowlett, Lake Bend Estates. And I think everybody's heard of Lake Bend Estates. I don't have a speech written. It's all comfortable at the top of my head. I've lived in Lake Bend Estates ever since 1991. What attracted us to Rowlett was the fact that there are beautiful houses being built. Dow Rock Road was still a two-lane road and it was starting to be built. Everything was starting to look beautiful. But lately, I've kind of been embarrassed to live in Rowlett. I drive out of my neighborhood, I see walls falling down. I've even seen another wall fall down as you try to go to or go over to Bayside area, there's another wall that's, and I know that's got to be probably a city wall as well, and I'm going, you know, you just go down Dow Rock and it's just like you just shake your head. And, you know, I've heard stories of things that the government does that just drags on, drags on. Well, this just is really dragging on. We try to be patient. We try to think of why, why, why, why. This is just another excuse. The neighbors on the corner, bids having to be wiped out, start all over again, utilities in the way. Gosh, where does this start? Last spring, there was a fire in the grassland prairies in the Texas Panhandle. You've probably heard about this. And it actually burned a railroad bridge trestle, a long trestle. It burned where the trains couldn't pass over it. Do you know that they rebuilt that in one week? They rebuilt it in one week. Of course, that's a private enterprise. That's a Burlington Northern train that rebuilt that. But one week, they were able to get out there and rebuild that. We have been waiting for a simple wall to be rebuilt over a year just for it to get started, where the city recognizes that it is their wall, not our wall. Where does this go? It's just a simple wall, and now we're having to do rebids? I only got 37 seconds, but I was also going to talk about other things, like the median of 66. Garland is getting their median planted, I bet you I'd be willing to bet that they will keep that median nice and pretty where ours is dying. The irrigation hoses are exposed. There's no water going to it. It looks ugly. There's trees, wild trees coming up and that's another subject. I've got 12 seconds. Coil house. How embarrassing that outside of it is falling apart and I can't imagine what the inside because they don't even let us look.

Thank you, sir. We have Laura Cahill, followed by Diane Huff. Laura, if you would state your name and city of residence. If you need to pull the microphone down, you can do that. Okay. I think you guys have a speech.

It's on. The microphone's on. It's on.

The problem will start again, right?

Can you hear me now? Okay. June 2nd, $50,000 in cash flew away from my property during a green wind event. June 3rd, in the morning, I called the police and reported that I saw my neighbors on video picking up my money. The neighbors did not call the police and instead adopted a approach. waiting to see who would call about the money. After we confronted them, they returned approximately 18,000, 15,000 still missing. June 4th, I sent Officer Patterson my video and audio evidence by text. June 9th, Detective Sosa took over my case. I invited her to my house so she could see my poverty firsthand. June 10th, I sent Sosa my evidence again. I text June 11th, she was busy with the shooting case. June 12th, I did not call her. June 13th, she's off. June 14th, she's off. June 15th, she's off. June 16th, I called Sosa. She was still busy with the shooting case. Later that day, Sosa and another detective interviewed only one of the four people involved. Watch the video, camera footage yourself. And that interview was a joke. June 17, Sosa told me, following that, and she said, oh, that case is closed. June 25, Nosek told me, They did not exhaust, every single deal said he would get Sosa to call me and discuss the form of interview. Nothing happened. July 2nd, the Morris said, he would have Gerardo review my video. July 7th, five days later, Gerardo still asking me about the video showing people going into my yard. June 7th, later that day, after my city council meeting, Chief Dennis told me, you just made a bunch of allegations that I have not done anything and I want to set the record straight. He said three detectives, he spent hours and hours reviewing my case. The video had been reviewed twice, and they had 40 years of combined experiences. You do not have proof of evidence that your neighbors took the catch. What you have is not evidence. You have Sosa's investigative report right now in your hand, along with the screenshots of my video showing my neighbors in Tabarka Mani. I have spent more than 700 hours documenting nearly 200 pages of evidence, including circumstantial evidence that they failed to investigate. I am asking the city council to request an independent review and reopening of my case. Chief Denny wants the state director straight. So do I. Show the work until they do. I will keep going higher. I will not stop.

thank you thank you ma'am next is diane huff followed by rhonda johnson

You can't hear me?

Yeah.

Okay. Well, I appreciate everything you're doing is what I said. And I'm Diane Huff, live right here on Lake Shore. And I have been asking for 15 years for my streets to be repaired. Just like everybody else wants stuff done here in Rowlett. But My concern now is that I paid to have my curb fixed, and I'm just hoping that that gets done. I haven't had any response from Brett Haslett. I gave him the money, and I said 50-50 program. And nobody calls you. They take your money. And the same with the city. I'm just begging. You think again about Lakeview Meadows Estate. It's bad, but I look at the money, where it's all going, and there's nothing in there for budget for streets. So is that somewhere else? I don't know. So you've got my email. I don't know what else to do. I mean, I keep coming to these meetings, but Waterview gets fixed first, and fancier neighborhoods get fixed first, but I've got the biggest house in the development, and it's just sad, because it's ghetto. I mean, it's potholes. I've sent pictures in, and it's just very exhausting. But thank you. Please, please, again, look at my street. Look at my curbs. Not my curb. It's really sidewalk. I paid the 50-50 sidewalk. So forget about the curb. I paid. It's marked. You know, it's good to go. The money's there, supposedly. But nobody sent anything out. And I paid back in July. Nobody's called me to tell me, we got your money. I mean, I got a receipt. So please look at my streets and make sure that my sidewalk gets done. Okay? Thank you. Thank you. Thank you.

Thank you. So our interim city manager is going to follow up with you, ma'am. So thank you. Ms. Johnson.

Rhonda Johnson. I just want to say some positives here. You know, I've come to talk about Hereford Park a lot. Thank you so much for what I heard last night. Mr. Bauer, what you've done to kind of, you know, y'all have all rearranged things about all the buildings we were thinking about putting there. And you're looking at the park and the amenities there. going back to the company that had done the original design work and using some of that, and then bringing in the Walker, the Westwood landscape, because they have experience with parks. So I'm very excited to hear this. And the fact that it's going to be done within a year-ish, you know, I know give and take, that is really exciting. I think it's going to go a long way to help the citizens know you're listening and you know you hear from a lot of us and we there's all kinds of things you do have a lot on your plate i appreciate you listening and taking action also we always hear about the animal shelter i haven't been involved in that but i think your idea of shady road's great i know the one problem is the sound and the noise but with the uh Fire Chief saying last night that Norris is mainly forward and they go to Dalrock. I think that's great. I have friends that live at the Lux. You're going to have some built-in volunteers because they're seniors looking for things to do and with it being so handy, I think that's another plus. And that lot works well. It's flat. You have some other uses and storage you talked about. So thank you for listening and thank you for acting. I appreciate it.

Thank you, ma'am.

Next is Brooke Allen, followed by Patrick Bandel. Thank you, Brooke. Please state your name and city of residence.

Great. I'm Brooke. I live in Rowlett. I just want to say thank you, as always, for your time. I listened to the work session last night. I came away feeling really positive and grateful and excited about the progress. So thank you. Some of the priorities I heard last night, which I really appreciated, were honoring the history of the Hurforth family at the park, keeping the hockey rink at Hurforth, which is great, including public comments and addressing community priorities as part of the process, which obviously a lot of people have been asking for, and getting the project done in a timely manner and getting it done right. So thank you. I appreciate that. So you'll see I provided just a possible rendering. That's something my friend put together. Obviously, I hope it looks way better than that in the final design. But I just wanted to point out I put the sports area by COIL because it addresses some of the noise concerns by the neighborhood. But it also could probably be used by COIL middle schoolers, like before or after school. And then also thinking about the amenities that are more attractive, kind of by Main Street. So playground, if there's a bandstand, things like that. The current walking path, I would love to be reimagined as the Rowlett History Trail. I emailed you about that, but just to reiterate. And then maybe a heritage pavilion right there by the Chamber of Commerce that honors the Hereford family, maybe other founding families. So I just wanted to share those. ideas with you tonight. When I told my eight-year-old today, hey, Herbert Park is going to be finished before your 10th birthday, he said, good. And it needs to be done before I'm 10. I said, why does it need to be done before you're 10? And he said, I might get too old to play there. I might not be interested in playing there anymore. And so I just want to say thank you. That impacts my family and others. So I'm just excited. Thank you. Appreciate it.

Thank you, ma'am. Next is Patrick Bandel, followed by Shannon Bandel. If you would, sir, state your name and city of residence.

Patrick Bandel, Rowlett. Another update on the ever so slow wall reconstruction project. It appears we have another unexpected delay, even as we were prepared to award the construction contract at today's council meeting. Unfortunately, during field checks of the engineer drawings created by the contracted design firm, DCCM, the low bidder identified a significant error and withdrew their bid. DCCM verified the mistake, which unfortunately invalidates the current bid pool and requires council to reject all bids. Here we go again, started all over. How is it that the lowest bid contractor noticed this? The entire plan has been on hold for 45 days for the pole relocation, which has now taken place and the wires appear to be transferred over as of Monday. But with 45 days, one would think the city or DCCM would have plenty of time to review this and ensure smooth transitions. Thankfully, the drawings are corrected, but to what delay and another unfortunate smear on our city. We appreciate the tight turnaround on things, but worry that too much haste could overlook something simple as an elevation error. I'm hopeful we will still get at least three bids and this doesn't deter a company from working with Rowlett. And I certainly hope that we aren't just picking the lowest bid to save a buck. Let's open our eyes and see what each contractor is bringing to the table. Like Mr. Gibbs has said in the past, let's not get led into voting for something that was presented as the best option without doing our due diligence. Also, I know the efforts are in place to acquire the necessary easements and you don't expect schedule impacts, but we've stated before that one of the owners is very difficult to communicate with and doesn't trust the city or its legal paperwork. Please press the issue and get it resolved as soon as possible. ON ANOTHER NOTE, EVERYONE NOTICED LAST MONDAY'S MEETING YOU UNANIMOUSLY APPROVED MAJOR UTILITY RATE INCREASES. THE CMFR STATED EARLIER IN THE MONTH THAT WATER FEES ARE DOWN 4% AND YOU ARE NOW RAISING THEM 5%. SEEMS A LITTLE OFF. Also the sewer fees were up 1% over anticipation, but somehow you feel the need to raise our rates by 21%. I'm certain there are things I'm not aware of like the manhole remediation program or the INI shortcomings, but some of this math isn't mathing. WITH THE CITY EARNING $23 MILLION ABOVE FORECASTED REVENUE, A SIMPLE PERSON WOULD ASK WHY COULDN'T WE USE SOME OF THAT SURPLUS REVENUE FOR THE WATER SHORTCOMING, AT LEAST FOR THE TIME BEING UNTIL WE CAN GET A BETTER HANDLE ON THE SITUATION RATHER THAN RAISE RATES ON AN ALREADY OVERTAXED COMMUNITY. SPEAKING OF OVERTAXED, WITH PROPERTY TAXES AT $3.2 MILLION HIGHER THAN FORECAST, ONE WOULD THINK MAYBE WE LOOK INTO RETURNING SOME OF THAT MONEY BACK TO THE HOMEOWNERS. GARLAND IS GOING TO PUT THE TO A VOTE TO LOWER THEIR TAX RATE AS A RESULT OF YESTERDAY'S MEETING, WE SHOULD LOOK TO THEIR EXAMPLE. AS OF THE SURPLUS IN PROPERTY TAX, MAYBE WE NEED TO ASSESS REDUCING THE PROPERTY TAXES ALL TOGETHER. THAT WAY YOU DON'T HAVE TO GIVE US OUR MONEY BACK. WE CAN JUST KEEP IT.

THANK YOU, SIR. OUR LAST CARD IS FROM SHANNON BANDEL. State your name and city of residence, please. OK, go ahead.

OK. Are you going to restart my time?

Your mic is on.

OK. Shannon Bandle, Rowlett. As many of you already know, and for those unaware, we have yet another setback in the Lake Bend Estates City Screening Wall. Any small progress made is completely undone by massive setbacks, leaving the city much further behind than where we left off at the prior City Council meeting. You know the saying, one step forward and two steps back? DCCM has made an amateur CAD mistake, wasted $128K in design scope, wasted three contractors' time and bids, and delays the Lake Bend estate's dangerous wall for even longer. CITY STAFF REBIDDING COSTS AND FURTHER DELAYS OUR FINANCIAL IMPACTS. DCCM NEEDS TO FIX THIS. COVER THE REBIDDING COSTS AND THE CITY NEEDS TO START HOLDING CONTRACTORS TO THE SAME STANDARDS THEY HOLD US TAXPAYERS TO. AS A RESIDENT OF ROLLET THAT'S BEEN COMING TO ALL THE CITY COUNCIL MEETINGS AND WHO CONSISTENTLY CONTINUES TO SEEK TRANSPARENCY FROM EACH AND EVERY ONE OF YOU. I'll be the one today that's transparent with everyone. I'd like to specifically acknowledge an email sent to a handful of us Lake Bend Estates residents from Christoph Bauer. He acknowledged this major setback after the fact and as word of this news quickly spread. At the end of your email, you stated, on a positive note, our efforts to acquire the necessary easements are progressing well and are not expected to impact the schedule or scope of the project. THIS INFORMATION IS SIMPLY NOT TRUE. WE REACHED OUT TO MICHAEL WITH BLACKLAND CONSULTING SERVICES, THE COMPANY WHO WAS HIRED BY THE CITY OF ROLLET TO OBTAIN THESE EASEMENTS, RIGHTS OF WAY AND CONDUCT TITLE RESEARCH FOR THE LAKE BENEZADE CITY SCREENING WALL AND CONFIRMED VIA EMAIL HE IS STILL UNSUCCESSFUL WITH A PROPERTY OWNER. Addressing Lake Venice State's neighbors and providing this information is simply not acceptable. So I ask you, is it really that hard to be transparent and tell the truth?

Thank you, ma'am. That is all the citizens input cards I have for tonight. If you still would like to speak, you may do so. I would just ask you to fill out a card that's on the back table to my right. Seeing none, we'll go ahead and move forward to item four, consent agenda. The following may be acted upon one motion. A city council member or a citizen may request items to be removed from the consent agenda for the individual consideration. The council did not pull any for tonight. If there's any from the audience, please state so and we'll proceed. If not then I will ask city secretary to read these items into the record.

For a consider action approved in the minutes. For be consider action authorized the purchase and installation of siding painting and re roofing for this year renovation of the fire administration building. For see consider action authorized the purchase of one 2027. Jeter track. For B, consider action to authorize the award of a contract for preliminary stop loss coverage. For E, consider action to approve and ratify a supplement task authorization for interim public works director services. For F, consider action to authorize the purchase and installation of emergency equipment for four police vehicles. And for G, consider action to authorize the purchase of cybersecurity services.

Thank you, ma'am. I will enter a motion or ask for a motion for approve. Okay, I see a motion made by Councilman Gibbs.

Thank you. I make a motion that we approve the minutes as I make a motion that we approve the consent agenda items as read into the record.

Thank you. And I see a second by Councilman Bowers.

I second.

Thank you. So we're going to call the vote. I'm see if I'm going to have any technical issues here. Okay. And that item passed six to one absent. Thank you. Our next item on the agenda is our individual consideration, 5A. I'll read that into the record. Consider action to adopt a resolution authorizing professional services agreements for architectural and engineering design services for the renovation and modernization of Rowlett Fire Stations 1 and 4. with Brown Reynolds Watford Architects Incorporated for a price not to exceed $298,700, and for Fire Station 3 with Martinez Architects LP for a price not to exceed $195,000, authorizing the interim city manager or his designee to execute the agreements and all necessary documents to effectuate said purchase and providing an effective date. And presenting that tonight, I believe, is Deepa. Good evening, Mayor and Council.

Good evening, Mayor and Council. This evening, I would like to provide an overview of the planned improvements for fire stations one, three and four. The purpose of this item is to request authorization for professional services agreements for architectural and engineering design services for the renovation and modernization of Fire Station 1 and 4 with Brown Reynolds Watford Architect, or BRW, and Fire Station 3 with Martinage Architect. In May 2024, city voters approved Geobond to support the enhancement of public safety projects specifically for Fire Station 1, 3, and 4. $1.41 million was allocated for Fire Station 1, $2.17 million was allocated for Fire Station 3, and $1.12 million was allocated for Fire Station 4. Fire Station 1 is located at 3900 Miller Road. This station opened in August 2005, and it serves southwest portion of the city. south of Lakeview Parkway and west of Muddy Creek. Project scope includes structural and drainage repairs, HVAC and fire safety upgrades, and comprehensive interior and exterior renovations, including finishes, cabinetry, painting, and flooring. Fire Station 3 is located at 8000 Princeton Road. This station was opened in 1999, and it serves northeast portion of the city, north of Lakeview Parkway and east of Muddy Creek. Project scope includes full roof replacement, which is approximately 11,000 square foot, and structural evaluation, plumbing and facility upgrades, life safety and apparatus bay improvements, and targeted interior renovations. Fire Station 4, it is located at 6800 Rowlett Road. This station opened in 2004. and it serves northwest portion of the city, north of Lakeview Parkway and west of Muddy Creek. Project scope includes safety and structural upgrades, complete exterior lighting replacement, and targeted interior finish and furniture improvements. These fire stations require updates to improve departmental consistency, operational efficiency, and reliability. City conducted build solicitation In May 2026, BRW and Martinez were identified as top-ranked firms to assist with the design work. To expedite the project delivery, three fire stations were divided between these two firms. BRW was selected for Fire Station 1 and 4 projects, whereas Martinez was selected for Fire Station 3 projects. We have currently $4.7 million approximately for these three fire station projects. BRW proposed to design fire station one and four for an amount not to exceed $498.7 thousand dollars and Martinez proposed to design fire station number three for an amount $195 thousand dollars. After this Authorization today, we will have approximately $4.2 million remaining for the construction work. Staff recommend authorizing professional service agreement for the design services for renovation and modernization of Rowlett Fire Station 1 and 4 with BRW for a price not to exceed $298.7 thousand dollars and for Fire Station 3 with Martinez for a price not to exceed $195,000. Thank you. Thank you.

Any comments, questions from the council?

Good evening. I'll make just a couple of things right quick. So just to clarify, one of your slides talks about a 2024. Was that 2023, actually, or 2024, the bond package?

Should have been 23, right? 23.

23. So just for clarity, just so we could make sure we're all on the same page, it was actually a 23 bond package.

Thank you for the clarification. Sorry about that.

No problem at all.

I have 24.

Also, timelines, when they can get started. I guess something for some of us who are always anxious, these kind of things, to get moving. A bunch of timelines. Anybody getting started? Timelines get completed with that part, and then construction getting started. Any thoughts?

I don't have a schedule currently. I think it will take approximately a year each, not each, one and four will take one year and then three will take one year. So that's why we have it split between these two forms so things can go just in parallel and project delivery can be expedited.

I think that's consistent with our understanding, about a year to complete both the projects.

THANK YOU. THANK YOU. ANY OTHER QUESTIONS? ANY OTHER QUESTIONS? ANY OTHER QUESTIONS? JUST A COMMENT. JUST A COMMENT. JUST A COMMENT.

THANK YOU FOR HELPING MOVE OUR THANK YOU FOR HELPING MOVE OUR THANK YOU FOR HELPING MOVE OUR BOND MONEY FORWARD.

BOND MONEY FORWARD. BOND MONEY FORWARD. VOTERS APPROVE IT. VOTERS APPROVE IT. VOTERS APPROVE IT. WE WANT THESE SERVICES FOR OUR WE WANT THESE SERVICES FOR OUR WE WANT THESE SERVICES FOR OUR CITY. CITY. CITY. THANK YOU FOR THE WORK. THANK YOU FOR THE WORK. THANK YOU FOR THE WORK. LOOKING FORWARD TO SUPPORTING IT. LOOKING FORWARD TO SUPPORTING IT. LOOKING FORWARD TO SUPPORTING IT.

THANK YOU

Yeah, I will echo those thanks. And as you saw through the presentation, we have fire stations that have been around for a good while and desperately need some updating. So this is well worth it. And that certainly has my support for it. All right. With that, then I will entertain a motion. I see a motion presented by Councilman Gibbs.

Yes, Mayor Pro Tem. I make a motion to approve item 5A as read into record.

Thank you. I see a second by Councilman Bowers.

I second.

Thank you. So call the vote. And that passes six with one absent being the mayor. Thank you. OUR NEXT ITEM ON THE AGENDA IS 5B. I'LL READ IT INTO THE RECORD. CONSIDER ACTION TO ADOPT A RESOLUTION AUTHORIZING AMENDMENT NUMBER 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HOFER WELKER LLC FOR DESIGN SERVICES FOR HERFORD PARK MASTER PLAN IN AMOUNT NOT TO EXCEED $393,000 FOR DESIGN AND DOCUMENTATION FEE OF $290,000. A re-imaging session not to exceed $30,000. A construction administration fee of $70,000. And reimbursable expenses limited to $3,000. Authorizing the interim city manager or his designee to execute the amendment and all necessary and related documents to effectuate said purchase and providing an effective date. Go ahead.

Thank you, sir. Good evening, Mayor, City Council. The purpose of this item is to provide information pertaining to the master plan for Herford Park. Currently, the city has a professional service agreement with Hafer Welker LLC for the design of the new municipal complex. Staff is asking for consideration of a third amendment to this contract focused on the new master plan for Herford Park. Under the current contracts for the municipal complex, Hafer Welker and their sub consultants are acting design team while Swinnerton is acting in the role of CMAR or construction manager at risk. With the proposed contract amendment, we will continue to utilize Hafer Welker as the lead designer and Westwood as the civil engineer and landscape architect for the new master plan for Hertha Park. Previously, Herthorpe Park was to be the location of the new municipal complex facility, which included City Hall, Public Safety Administration, and the Animal Services buildings. You can see that in the lower site plan. The City Council has directed staff to evaluate alternative locations for the location of the municipal complex elements and proceed with the new master plan for Hereford Park. By modifying the contract with Hafer-Welker and team, we can save the city time and money by building on the design and fundamental information already gathered in the Hereford Park site plan. As outlined in the amended professional service agreement, the overall construction budget for Hereford Park is $5 million with a proposed design fee of 393,000 for the third amendment. This brings us to the proposed project timeline. The timeline for the design and construction of Hereford Park is approximately 15 months. The timeline is broken into four phases, which will include the following. Phase one is a re-imaging and graphic site plan development. Phase two would be design and documentation. Phase three would be permitting and bid solicitation. And phase four is the construction. After authorization of this third amendment to the professional service agreement, we anticipate the total projects completion to be done by December of 2027. Staff recommends to adopt a resolution authorizing Amendment No. 3 to the Professional Service Agreement with Hafer-Welker for the design services of Hereford Park master plan in an amount not to exceed $393,000. And we also ask that you authorize interim city manager or his designee to execute the amendment and all necessary and related documents. Any questions?

THANK YOU. ANY QUESTIONS FROM THE COUNCIL?

CHRISTOPH, ONE QUESTION. I KNOW WE TALKED ABOUT IT LAST NIGHT AS FAR AS PHASE ONE. JUST FOR PEOPLE THAT ARE WATCHING THIS MEETING FOR CLARITY, IT SAYS FIVE WEEKS. I KNOW YOU MENTIONED THAT LAST NIGHT. WHAT WOULD YOU SAY?

LIKE I SAID, I THOUGHT THAT PROBABLY WAS A LITTLE AMBITIOUS. IT WOULD PROBABLY TAKE A LITTLE BIT LONGER FOR US TO MOVE FORWARD WITH THAT TO PROVIDE APPROPRIATE COMMUNITY ENGAGEMENT. We are. I spoke to Huffer Walker's lead architect and partner today about this project. They're leaning forward, and we expect to move forward as quickly as possible. But again, five weeks, I'm probably a little ambitious.

THANK YOU. BOND APPROVED MONEY IS ALWAYS GOOD AND WE CAN USE IT. IF YOU'VE BEEN FOLLOWING THE CITY COUNCIL WE KNOW HERFITH PARK HAS BEEN A HUGE MILESTONE FOR THIS COUNCIL TO GET OVER WHERE WE HAD IT BEFORE AND NOW KEEPING IT APART. I APPRECIATE THE WORK WE'RE DOING AND THE TRANSPARENCY WE HAVE WITH THE MONEY AVAILABLE.

ON THAT NOTE, I WANT TO THANK THE STAFF ON THIS. As we've noticed, it's been a challenge for us to get this bond money going. You've done a great job on this. I really like the timeline. I think that helps everybody really visualize when and where this is going to happen. So really looking forward to it. And again, I really think it speaks volumes to the staff because, you know, council made this priority a few months ago and said, let's move. And you all heard us and you've heard the citizens and you made it happen. So thank you, sir.

Thank you any other comments.

I'd also like to make a comment with regards to. We have every intention to be sure that include that the hockey rink will stay of the relocated out of there. So what are the design comes out after that it is the intent that we would leave that at at her for parks for those there's been a lot of people that contacted me about their the skating rink. hockey rink, I should say it is intended to stay there so we want to get out for clarity.

Mayor put him. Yeah, just a general comment. Thank you for your work on this staff. Thank you for your work on moving this along. I do want to point out that government works best when people get engaged in government listens. This is a great example of that. So we want to thank our citizens as well for your input and being a part of our great city. Thank you.

Yeah, and I certainly can't add anything to that. That goes a long way. It's been a roller coaster on this project, and I do appreciate the citizens' input. I appreciate their patience. I appreciate their perseverance, and it's led us to this point where we're about ready to move forward and get this thing done as quickly as possible. I know the feelings on the council is we want this as quickly as possible, but we also want it to be done right. With that, I will entertain a motion. I see a motion made by Councilman Bowers.

I move that we approve this item as presented.

Thank you. I see a second by Councilman Fassett. I second the motion. All right. Call the vote. And that passes six with one absent. ALL RIGHT, NEXT ITEM ON THE AGENDA 5C IS TO CONSIDER AN ACTION TO ADOPT A RESOLUTION REJECTING THE BIDS RECEIVED IN RESPONSE TO THE CITY'S REQUEST FOR BIDS NUMBER 2026-74-B, LAKE BENE ESTATE SCREENING WALL PROJECT AND PROVIDING AN EFFECTIVE DATE. AND BRIAN MENDESHEW WILL BE PRESENTING FOR US.

THANK YOU, COUNCIL. SO THE PURPOSE OF THIS ITEM IS TO REJECT THE BIDS RECEIVED IN RESPONSE TO THE LAKE BENE ESTATE SCREENING WALL. IN AN EFFORT TO BE ABLE TO REBID THIS PROJECT. JUST TO GIVE SOME BACKGROUND, THE CITY MANAGER APPROVED THE PROFESSIONAL SERVICES AGREEMENT WITH DCCM INFRASTRUCTURE INC. FOR THE ALLEY SCREENING WALL ASSESSMENT PROJECT, WHICH COVERED ALL THE SCREENING WALLS ALONG DALROCK, along Miller Road and et cetera. And from that Lake Bend Estates was pulled out and we moved forward with the design for the replacement of that screening wall in February of 26. The project is approximately 1,816 feet of screening wall and associated alley payment as well as some storm sewer pipe as well necessary to make this improvements. And as for the project update, we started the bidding process back in early July with the public bid opening happening on July 29th. And it was during this time and the evaluation bid that our consultant re-reviewed the design files and detailed and discovered a grading issue that impacted all the proposed plan and profile sheets. And I have a graphic here to kind of briefly explain what happened. When they recreated the existing ground surface in AutoCAD, the software that they used to create the plans, data points from the top of the screening wall columns were inadvertently included in that surface, which caused that surface, since the wall is going in the same spot, as the existing wall, it caused it to the software to have the existing surface be above what the actual ground surface was. And that resulted in the whole profile of the new wall to be shifted up higher. STAFF REVIEWED AND DECIDED THAT THE BEST WAY TO MOVE FORWARD WITH THIS IS TO GO AHEAD AND JUST REDO THE BIDDING PROCESS WITH THE UPDATE PLANS. THOSE PLANS HAVE BEEN ALREADY CORRECTED. THE SPECIFICATIONS ARE ALL PREPARED. WE'RE READY TO START THE LEGAL ADVERTISEMENT FOR IT TOMORROW. We're going to be using a 15-day minimum procurement time. And so we'll be able to have public opening on September 3rd. And then we will go review and move to bid award on September 15th. And from there, we'll be able to commence construction sometime early October. The project has 120 days to completion time. So the expected substantial completion will be in February. And then the final closeout will be sometime in March. And then just as well, other updates, Encore is moving forward with the power pole relocation. That is expected to be completed here fairly quickly. I know the hot weather has kind of slowed things down a little bit, but it's expected to be done fairly quick. And then as well, with the last bits of easements, three of the property owners have agreed to provide easement acquisition, one of which actually has the signed documents. We're just kind of waiting on the other two. And then the fourth property owner, we're working to communicate with them and have a meeting with them on site to help facilitate moving that forward. So it is expected that we should be able to have everything all together. So by the time we actually move forward with construction, everything will be complete, both the power pole and the Eastman acquisition. And so, therefore, we're recommending that we move to reject the bid so that way we can move forward with the rebidding process. And I also have Richard Avizu.

Yeah, thank you. I was going to ask this before we make comments or ask questions. I would like to invite the gentleman from DCCM to come up. I know Brian presented this, but if you would, in your own words, just say what happened and why it happened and what are we doing to address it.

Most definitely, thank you. My name is Richard Arvizu. I am a corporate vice president with DCCM, and I am the engineer of record on these drawings. I wish I was here under different circumstances, Awarding this bid to a contractor, appreciate the opportunity to come before you and not make excuses for anything, but be transparent and tell you exactly what happened. So thank you, Honorable Mayor Pro Tem, Council, Interim City Manager, and residents. I feel your pain, and I'm here to speak to it. I also feel the pain of the mayor. I'll be dropping off my daughter at Texas Tech, so I'll probably be crying this weekend as well. But let me get into your question. So a model is only as good as the information that you put into it. Our surveyor did a really good job of surveying on both sides of the walls. And unexpectedly, I've never seen this done, we actually surveyed the tops of the columns of the existing wall. In the software and the program that we use, Those points were turned off so we didn't see them. So we developed a model to develop the existing profile of the natural ground surface. And that AutoCAD model factored in the top elevations of the wall, which should have been excluded. Now, we have QA, QC measures that should have been in place to have caught this. We didn't. The contractor did catch it. We re-looked at it. We redid our design for the profile in less than a week and got everything ready to go. This did not affect the structural details or components of the wall that were designed itself. It's still the same. Really what this did is shifted kind of where the wall and the natural profile of the existing ground are shown in a profile. It's almost really just changing elevation labels. However, since the model took into account the elevations of the top of the columns, there was some undulation in that surface of the natural ground too that we designed around so we caught that redid the model we double checked it cross-checked it and it's a much smoother profile which makes sense i've i was part of the team that went out there and inspected the walls all around dalrock and everything so what the result is is a profile that matches the ground that's out there. It's not undulating as much in the grade beam, the longitudinal grades of the grade beam. So it's going to be, in my estimation, easier to construct for a contractor. The contractors are now familiar. They've seen this project. They're familiar with it. All of the quantities are the same. The structural details are the same. It's really the elevation and the profile of the grade beam. Now, through some value engineering, since there weren't as many undulations, we were able to lessen the depth of the grade beam. We had increased it slightly because of the undulations to kind of match the ground so that we didn't have so many stair steps. So we were able to REDUCED THE DEPTH OF THE GRADE BEAM. SO THE QUANTITIES WERE A LITTLE LESS. SO IF EVERYTHING WAS BID TO THE UNIT PRICING THAT WE RECEIVED, IT WOULD ACTUALLY BE LESS COST. I KNOW THAT'S NOT AN ISSUE. WE'RE NOT WORRIED ABOUT COST NECESSARILY. IT'S THE TIMING. AGAIN, I WANT TO APOLOGIZE TO THE RESIDENTS. THE INTERIM CITY MANAGER, THE ENGINEERING DEPARTMENT HAVE PRESSED UPON US AND OUR FIRM THE PRIORITY OF THIS PROJECT. It was an oversight. We've taken what we could to as quickly as to get it rectified and plan to help out in any way as we move forward.

I certainly appreciate your honesty. Any questions from council?

Yeah, we appreciate you coming in and visiting with us tonight. You certainly heard the comments of our citizens. Yes, sir. And I just want to point out one that you damaged our reputation.

I damage my own reputation and yours, and I understand that.

Yes. And then the question, the follow-up question is, how would we ever have confidence in you again?

I've never had a mistake like this in my 30 plus years of engineering. It's unfortunate that it took place on such a priority project for the city of Rowlett. I've completed three other projects where I was the engineer of record for the city of Rowlett with no issues, successful projects. Gary Anna, who now works for the city, knows my experience of everything that I've designed for Collin County. HELPED HIM THROUGHOUT ALL THE PROJECTS. YOU CAN CALL ANY REFERENCE THAT I HAVE. YOU'RE GOING TO HAVE GREAT THINGS TO SAY ABOUT ME. MY ENGINEERING FIRM, I'M ETHICAL, I'M TRANSPARENT. I OVERLOOKED SOMETHING THAT I THOUGHT THAT MY DESIGN TEAM HAD LOOKED AT. IT'S ON ME. I SIGNED IT.

Yeah, I appreciate you taking that. Many of us have had to do the very same thing with mistakes and errors and errors and omissions that occur. I'm just not sure of the financial damage that might be here. And it does concern me that we're starting all over. It's not a fresh start. There's never a fresh start. We're doing the best we can. So, again, thank you for coming. Very concerned about this project.

Can I make another comment? Of course. So what I always do in projects like this is I reach out to trusted contractors that I know can do the work. I know three contractors that have bid this project. I'm going to reach out to them personally, talk about this, and basically explain the changes, that it's not material changes necessarily, and it's actually, in my opinion, a better way product, less changes in elevation that they were planning on. And so I'll do everything I can in my power to facilitate the process and hope to get even better bids.

Appreciate it. Any other comments? I will say this to our citizens. We will get back on track. We will stay on track. I know Brian gave you a timeline. What we do not control is the weather. And so, you know, we're enjoying, I don't know if that's the right word, we're enjoying no rain right now. I wish we had some, but the time we get into the fall and everything else, we could get into our general rainy type of the season, and that will probably impact the progress. So we just need to be prepared for that. Any other comments?

All right just for clarity. My side of stuff usually always ends up on the economic side and the cost factors for clarity. There's not any additional cost to the city for the reevaluation and change whatever you you're making for that causes there's no additional charge to the city rally correct.

No, we basically worked almost 24 hours a day within the week and did it. Obviously, it's our mistake. It's at our cost to redo the plans. We're not going to charge anything else or request any additional funds for rebidding, anything like that. We actually tried to find some value engineering to save some cost in the rebid. I cannot control what the contractors do, right? Hopefully, they see it's... maybe a simpler wall to construct based on what was drawn before and what's drawn now. And we receive even better bids, but maybe they're upset that they're rebidding this. But that's the steps I'm going to take and reach out to them and kind of explain the situation to the best of my ability. But no, we have not requested any and are not going to request any additional funding.

All right. Thank you. Any other comments? If not, then I will entertain a motion. I will ask your motion to include language. Oops, that went away. Specifically, moving for a resolution in rejecting the bids. And a yes vote will be to reject. So I'll entertain a motion. I see a motion made by Councilman Holson.

Yes, I make a motion that we reject the bids.

Thank you. And I see it's seconded by Councilman Gibbs. I second it. All right, call the vote. And that passes with six with one absent. All right, we move on to our next item on the agenda 5D. I'll go ahead and read that into the record. Conduct a public hearing and consider action to adopt an ordinance granting a change in zoning for property located at 5321 Lakeview Parkway, Suite 104. and being more particularly described as being out of the Thomas Lumley Survey Abstract number 789, REL at Dallas County, Texas, from general commercial slash retail C2 to general commercial slash retail with a special use permit to allow tattoo parlor use C-2-SUP. And presenting is Liliana.

Good evening, Council. Liliana Morejon, Senior Planner. So the request in front of you tonight is for the approval of a special use permit to operate a tattoo parlor within an existing 1,200 square foot tenant space in a multi-tenant retail building. As a quick reminder, a special use permit is a formal zoning action that provides for public review of the use and site development features and intended to ensure that the proposed uses will not have a significant impact on surrounding uses. This property is specifically located at 5321 Lakeview Parkway. It is zoned planned development for general commercial C2 uses. Per Section 77303 of the RDC, a tattoo parlor requires an approval of a special use permit within this zoning district. The proposed tattoo shop will occupy Suite 104. and it will be within an existing 6,600 square foot commercial building with five tenant spaces. And the table in front of you shows the proposed and existing uses. The proposed will be the tattoo shop at Suite 104 and other retail and personal service uses allocated within the same building. As far as parking requirements, totalling the required per the standards of our code, 23 parking spaces will be required. Out of those 23, there are a total of 34 existing spaces, so they meet the requirements for parking standards. This tattoo parlor is proposed to operate from Monday to Sunday from 11 a.m. to 8 p.m. The applicant is proposing four tattoo stations and one body piercing station. They're also proposing a retail area dedicated for body jewelry and related merchandise. They're also proposing one illuminating storefront site. And deliveries will be limited to normal business hours. Also worth noticing is that the proposed is in close proximity to two multi-family residential neighborhoods. In this case, the neighborhood protection standards of our code apply. Staff reviewed for signage, operations, and deliveries, and it all complies with this section of the code. Staff also is providing in front of you similar and same uses as within a one mile radius of the proposed. I do want to point out that the shop highlighted in blue is an existing removal tattoo shop. Currently, this is not identified in our table of allowed uses, but we did want to share it with you all. Staff sent out public notices and received zero in favor and zero in opposition within our two and 500 foot notices. Staff finds that the proposed is consistent with the comprehensive plan is compatible with the surrounding commercial development. It can be accommodated by the existing site without requiring a day requiring additional parking or infrastructure and it is not anticipated to create adverse impacts on surrounding properties. The planning and zoning Commission did consider this item on July 14th and voted 5 to to recommend approval. That said, counsel, you may approve, approve with conditions, or deny the request.

Thank you, Liliana. I understand the applicant is here as well. Okay. Counsel, what questions, comments do you have? None? All right. I will entertain a motion. I'm sorry. Oh, I'm sorry. I'm sorry.

And the applicant is also here with a presentation.

Okay. It is 815 and we will open the public hearing for this action, this item. Anybody wish to speak? Okay. Go ahead, ma'am.

Hello.

Could you state your name and city of residence?

My name is Pamela Spector, and I'm a resident of Rowlett. I've been here for 15 years. Thank you for being here, City Council and Mayor Pro Tem. And thank you, Liliana, for everything that you've put up with. So my name is Pamela Spector, and I'm asking for your support for the special use permit for Crown and Curio Tattoo and Fine Body Piercing. I've been a professional body piercer for more than 30 years and a Rowlett resident for 15, and when I decided to open my own studio, I chose to invest in my own community. Crown and Curio is an upscale, professionally operated tattoo and piercing studio offering custom tattooing, safe piercing, high quality body jewelry, and curated retail. Our clients are professional, professionals, parents, grandparents, and families, whether they're coming in for the child's first ear piercing, a custom tattoo, or a beautiful piece of fine jewelry, we serve people who value safety, quality, and a comfortable environment. Planning and zoning reviewed our requests and recommended approval, and we're transforming an existing commercial space, creating jobs and bringing new customers into Rowlett. Rowlett is my home, and I want Crown and Curio to contribute to a vibrant community that attracts young families, supports local businesses, and gives people more reasons to choose Rowlett. I respectfully ask that you vote in favor of our special use permit, and I do have a small PowerPoint if that's okay. All right. Let's see this one. There we go. So this is me. I have been piercing for 30 years. I'm a mom and mentor and a 15 year Rowlett citizen. I am a mentor and a teacher of safe piercing. I have instructed classes as well as individuals, and I attend conferences internationally to keep all of the safety standards as best it can be. We absolutely surpass the Texas Department of Health when it comes to our health and safety. Most of our curations and piercings are in fine jewelry. Yellow gold, rose gold, white gold, 14 to 18 carat, as well as diamonds, sapphires, and cubic zirconias. We have a large variety of jewelry that nobody else in Rowlett carries. This is the studio currently and what I'm hoping to redo. You can see the paint samples on the wall and that will lead into my next photo and what I have mocked into what our studio will look like. We're going to be very high end, very moody Victorian. We already have this display case, very gilded frames all over the walls. It will definitely be an event destination for people to come to to get any type of body art. This is the area for the tattoo stations. We will also offer privacy if they wish for privacy screens. This is an example of the piercing room. It is very private, very large. So people come in with their families most often, or someone's having a birthday, they bring their friends and family to watch. So this will give them a large enough space for safety. We also have a biohazard room connected to this space. So any type of biohazard will go directly into that room. So if there is a video, it might not come up on here. I had a video of a child getting pierced with a piercing gun. I don't know if you've ever seen that happen, but it's very traumatic for children. So what makes this different is that many studios pack as many artists into the space as possible. Their clients are treated as numbers and not people. We understand that many first timers come in with nerves, fear of judgment. We are here for them. Customer relationships are our priority along with safety, and being a long-term member of the Association of Professional Piercers, also known as APP, we go beyond what health department requires. This was a video, and it might still work, showing a child getting pierced with ear guns, cross-contamination, creating trauma, using cheap metals, and bad aftercare. Let's see, will it work? Nope, this video isn't working either. This was a video of our piercing a minor. We're very good with children. When we pierce children's ears, we do it tandemly with two professionals at the same time, distraction, love, and we only do it with a child's consent. We will never allow anyone to be held down and get pierced against their will. Our children's ear piercings range from age five to 10 for tandems, and our teenage piercings with parental consent and we're very strict on identifications, range 14 or 16 and higher. Again, we are very strict with what they are allowed to get as minors. But most of all, our clients are adults, parents, grandparents coming in to get yours pierced up close a long time ago. They always come in with a beautiful story and we form special bonds with them. These are some examples of the tattoos. A lot of tattoos these days are to memorialize family bonding, connections between people. It's not just outlaws and sailors anymore. So everyone that comes in comes in with an idea of fear and excitement and they leave even more happy than they came in. These are some examples of our retail, fine silver and stones, candles, a few curiosities and terrariums that we will be selling. So we'll have a small gift shop. This is the mock-up of the front, and we will hopefully have a very nice sign once we get approved, an awning, and it will be very exciting. We plan to offer, my words are starting to fail me now. We plan to offer items for our city, such as back to school collecting backpacks, Toys for Tots during Christmas. I have a studio in Farmer's Branch, we do things, FOR OUR CITY LIBRARIES WHERE WE RAISE MONEY FOR OUR CITY LIBRARIES, WE RAISE MONEY FOR SUICIDE PREVENTION, AND WE ALSO PLAN TO DO THAT HERE AT THE STUDIO IN RALLET. THAT'S IT. THANK YOU SO MUCH FOR YOUR TIME. DO YOU HAVE ANY QUESTIONS FOR ME?

THANK YOU. WHILE WE'RE IN PUBLIC HEARING, DO WE HAVE ANY OTHER COMMENTS? ALL RIGHT. IT IS 821. I'm sorry, is there anybody else that would like to make a public comment?

This is Samantha, my first artist and founding member of Crown and Curio. She's a singer and her voice is a little shaky right now. She just finished a contest.

Forgive me for my mistakes. Jeff makes this look pretty easy, so it's not.

You'll have to forgive me. 6,800 people auditioned, and 200 of us were invited to go sing in Vegas, 46 of which were from the state of Texas, and we won 8 out of 24 awards. My voice is a little tired. Tattoos are so much more than just tattoos. They tell stories. They are therapy. They heal. As a tattoo artist, sure, I've done my share of silly tattoos. That being said, many of what I do are memorial tattoos. I've had people tell me that I've made them feel more confident in their bodies. I've made them feel more comfortable looking at their reflections for the first time. I've even had clients go as far as telling me that I have changed their lives. Most artists care only for money and getting as many people in and out of the chair as they can. My priority as an artist is to make my clients feel seen, heard, and validated. Safety is paramount to me, both physical and emotional. Beyond the artwork, I strive to bring community and human connection. Might be silly, but I give my clients lollipops and gold stars, and I have a box of fidget toys just to bring more whimsy and joy and compassion into their lives. And many, many of my clients have become friends outside of the studio doors.

Thank you. Any other comments? All right. It is 823. I will now close the public hearing and I will entertain a motion. I see a motion made by Councilman Gibbs.

Yes, I make a motion that we approve item 5D as presented.

Is there any second? I SEE A SECOND MADE BY COUNCILMAN CHRIS GUZZAR. I'LL SECOND THE MOTION. THANK YOU. ALL RIGHT. CALL THE VOTE. AND THAT IS YES 3 AND NO 3, SO THAT DOES NOT, IT FAILS. ALL RIGHT. OUR NEXT ITEM IS 5D. NO, I'M SORRY. 5E. I WILL READ THIS INTO THE RECORD, BUT I NEED SOME ADVICE FROM OUR CITY ATTORNEY. THERE'S BEEN A REQUEST THAT WE GO INTO EXECUTIVE SESSION. SO AFTER I READ IT, I'LL ASK FOR A MOTION OR DO THAT FIRST?

I'll make the motion.

Okay.

I'll make a motion that we move into executive session for item 5E pursuant to the Texas government code 551.071 for consultation with the city attorney.

Is there a second?

I second.

Okay. Thank you.

Do I go ahead and read it in there or just wait? Okay.

All right. It is 825. We will go into executive session. We will resume back here when we're through. ALL RIGHT, IT IS 832, WE ARE ALL RIGHT, IT IS 832, WE ARE ALL RIGHT, IT IS 832, WE ARE OUT OF EXECUTIVE SESSION WITH NO OUT OF EXECUTIVE SESSION WITH NO OUT OF EXECUTIVE SESSION WITH NO ACTION TAKEN. ACTION TAKEN. ACTION TAKEN. I WILL NOW READ INTO THE RECORD. I WILL NOW READ INTO THE RECORD. I WILL NOW READ INTO THE RECORD. 5E, CONDUCT A PUBLIC HEARING AND 5E, CONDUCT A PUBLIC HEARING AND 5E, CONDUCT A PUBLIC HEARING AND TAKE ACTION REGARDING AN TAKE ACTION REGARDING AN TAKE ACTION REGARDING AN ARDENESS GRANTING A CHANGE IN ARDENESS GRANTING A CHANGE IN ARDENESS GRANTING A CHANGE IN ZON More particularly described as part of lot 24, block two of Dexum Estates, number one in the city of Rowlett, Dallas County, Texas, from single family residential 40 slash 25 SF40 to single family residential 40 slash 24 with a special use permit to allow for an accessory structure with an area not to exceed a total of 2,200 square feet SF40 SUP. And presenting is Liliana.

Council, the last item that I have in front of you is for the request for approval of a special use permit for an accessory structure exceeding 500 square feet. This accessory structure has already been constructed, but because it exceeds the maximum permitted by right, a special use permit is required to bring the property into compliance. The property specifically located at the southeast intersection of Stallion Circle and Palomino Drive SPECIFICALLY ADDRESSED 1925 STALLION CIRCLE. THE PROPERTY IS OWNED AS A 40, AND IN OCTOBER OF LAST YEAR, A BUILDING PERMIT WAS ISSUED FOR THIS ACCESSORY STRUCTURE. THE STRUCTURE WAS CONSTRUCTED FOLLOWING THE PERMIT APPROVAL, AND FOLLOWING CONSTRUCTION, STAFF DETERMINED THAT THE STRUCTURE EXCEEDED 500 SQUARE FEET, THEREFORE IT REQUIRED A SPECIAL USE PERMIT. THE PROPERTY OWNER WAS NOTIFIED and subsequently submitted the SUP application. The request in front of you tonight is specifically to bring this existing structure into compliance. There's no additional site improvements or changes proposed. This 1.2 acre lot lives within the Dexam Estates number one subdivision. The primary residence is about 2,700 square feet with an attached garage of approximately 667 square feet. YOU ALSO HAVE THE PERMITTED 2200 SQUARE FEET ACCESSORY STRUCTURE AND THREE ADDITIONAL ACCESSORY STRUCTURES OBSERVED BY STAFF, WHICH IS APPROXIMATELY 200 SQUARE FEET EACH. THERE'S NO PERMIT ON RECORD LOCATING THESE THREE SMALLER STRUCTURES. PER SECTION 77303 OF THE RELA DEVELOPMENT CODE, THE STANDARDS THAT APPLY WHEN REVIEWING ACCESSORY STRUCTURES IS LOCK COVERAGE, HEIGHT AND SETBACK REQUIREMENTS, The maximum lot coverage for the S a 40 district is 35% of the rear yard based on the available information. The total rear yard coverage represents approximately 50%. Therefore, complying with a lot coverage requirements. The structure is also complying with the height at 16 feet, not exceeding the primary structure or the height of the of the or the required height by the zoning district. The property also conforms with the setback requirements at a minimum of three feet from the side and the rear. The site plan in front of you, provided by the applicant, shows that the existing structure resides about 33 feet away from the west property line, which is the one nearest to the structure, and over three feet from the rear property line. In front of you are a few of the photos that were taken by staff. showing the accessory structure. Now, per Section 77-1105 of the RELA Development Code, it defines what accessory structures are, and in this case, they're incidental or dominant to the primary use or structure. In this case, the applicant cited using the structure for parking of personal vehicles. Staff finds that the structure be subordinate to the primary residents and incidental to the residential use of the property. Staff did send out notices within 200 and 500 feet of the property. We received two letters of opposition within 200 and two letters in favor and received six letters in opposition within 500 feet and zero in favor. I do want to point out that the letters of opposition received DID NOT TRIGGER THE 20% THRESHOLD OF OPPOSITION. THE REQUESTED SUP WOULD ALLOW THE EXISTING 2200 SQUARE FOOT ACCESSORY STRUCTURE ON THE PROPERTY ZONE SF40. ALTHOUGH THE STRUCTURE HAS BEEN CONSTRUCTED, IT DOES COMPLY WITH THE APPLICABLE RDC STANDARDS FOR LOCK COVERAGE, HEIGHT AND SETBACK REQUIREMENTS. BASED ON THESE FINDINGS, Staff recommends approval of the requested special use permit. The Planning and Zoning Commission heard this item July 28th and voted 6-0 to recommend approval. Council, tonight you may take the following action. Approve, approve with conditions, or deny the request. any questions.

Thank you. Lilliana is the applicant here. Yes. Okay. Since this is a public hearing, do they wish to address or speak?

Yes.

Okay.

It is a 38 and we are opening the public hearing. Thank you, sir.

State your name and city. Steve Hart, 1925 Stallion Circle, Rowlett. And what did you want from me?

Well, I just if you wanted to make any kind of comments to the city council or whatever.

I started this project. Well, actually, 33 years ago, but the process this time was in September last year, which is planning and zoning department. First, I spoke with Paul by phone, and he asked for building plans, engineering drawings, which I provided by email. Then he forwarded the email to Tammy Diedrich, and I went over a month, six, eight weeks without hearing from her. I'll try to cut this short. So he got moved to Tammy, to somebody else, somebody else, and then to Michael King. And then Michael King drug his feet on it and then came back and said, well, OK, we're going to give you the permit to go. And he's told me where the, forget the app's name, .gov something that the Planning and Zoning Commission uses. He says, you'll find it in there under your permit number. He says, and every time you need something to be examined by the inspectors, you fill that out on the app, which I did. And each time I got an approval and told you can go to the next step. And I went all the way through this and finished sometime in January. I think it was February, Michael King sends me an email and says, whoops, this was supposed to be in a different permit. I said, well, the building's finished. He says, well, if you'll sign that and send it back, we'll get it approved. And here we are. I can't speak for the Planning and Zoning Department. I don't know what happened. But I went step by step. I asked for meetings. Never got a meeting. I'd get a phone call maybe once in a while. And I said, so follow the app. Follow the app. I follow the app. I get approvals. Move to the next step. Get an approval. And when the last guy came out, he goes, you're good to go. You're all done.

So you followed the process as directed throughout this whole?

Throughout the entire process as I was directed, either verbally or through the app or once in a while in email. I did start this in September last year and didn't finish it until January.

So it was stated in the presentation you're going to use this for personal vehicle storage. So you're not doing any kind of business out of that?

No kind of business. Supposedly a place to get out of my wife's hair. All right.

Comments from the council?

Yes. Hi, Steve. I think I might know you. Did you own a business here in Rowlett? I did. Right there at the brakes place? It was most marlins mufflers marlins mufflers as I remember right plus did a lot of work did work the city and everybody else in the world. I remember you now. So you know this the structure is pretty big and I just want to make sure there's nothing to be loud coming out of there.

No.

That then nobody sleeping in there. It's not me a barn a medium. Barnum any of you know where you'll be rented out on the market out there. And again I want to confirm be out there tinkering on. OK and you followed all the rules of the city set for for you every single one. OK thank you.

Any other comments questions. Since this is a public hearing, any comments from the audience? If not, then I will, at 8.42, close this public hearing and entertain a motion. I see a motion made by Councilman Gibbs.

Yes, I make a motion that we approve item 5E as presented.

I see a second by Councilman Holston.

I second.

Thank you. Call the vote. And that passes six with one absent from the mayor. All right, so we will go into an executive session. Item 6A, City Council will convene in the closed executive session, pursuant to Texas Code, Texas Government Code 551.071 consultation with the attorney to discuss or deliberate regarding the proposed sex offender residency penalty ordinance. It is now 843. If anybody needs a break, we will resume in the work session conference room area in five minutes. I thought I'd read it. I can do it now. So when we come back out of the executive session, let me go ahead and read 7A. Consider action to adopt an ordinance amending the Code of Ordinances, Chapter 34, Miscellaneous Offenses, Article 4, Regulations of Sex Offender Residency, Section 34-75, Penalty. It's 843. We will now go into executive session after a five-minute break. All right, it is 9.02. We are out of executive session with no action taken. I've already read 7a into the record. Right now, we are going to pull this item 7a for further research and consideration. And with that said, I'm sorry, yeah. So members of the city council may request topics to be placed on the 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. Do we have any? All right, seeing none, it is 9.03 and we are adjourned.