Milder, Kevin Fowler and Dennis Lewis. Also present were City...

1 MINUTES2 ROCKWALL CITY COUNCIL3 Monday, April 17, 20174 4: 00 p. m. Regular City Council Meeting5 City Hall, 385 S. Goliad, Rockwall, Texas 750876

7 I. CALL PUBLIC MEETING TO ORDER8

9 Mayor Pruitt called the public meeting to order. Present were Mayor Jim Pruitt, Mayor10 Pro Tem Mike Townsend and Council Members David White, John Hohenshelt, Scott11 Milder, Kevin Fowler and Dennis Lewis. Also present were City Manager Rick Crowley, 12 Assistant City Managers Mary Smith and Brad Griggs, and City Attorney Frank Garza. 13

14 ll. WORK SESSION

15

16 1. HOLD A WORK SESSION TO HEAR AND DISCUSS AN UPDATE REGARDING THE STRATEGIC17 PLANS FOR FOLLOWING DEPARTMENTS:

18

19 a. Parks and Recreation Department;

20 b. Animal Services Department; 21

22 Andy Hesser, the manager over both Parks & Recreation and Animal Services, came23 forth and briefed the Council regarding updates to the strategic plans for these24 departments.

25

26 c. Fire Marshal Department;

27

28 Ariana Hargrove, the city' s Fire Marshal, came forth and briefed the Council regarding29 updates to her department' s strategic goals and initiatives. 30

31 d. Planning and Zoning Department; 32

33 Ryan Miller, Planning Director, updated the Council regarding strategic initiatives for the34 Planning & Zoning Department. 35

36 e. Building Inspections /Neighborhood Improvement Services; and37

38 Jeffrey Widmer, the city's Building Official, came forth and briefed the Council on the39 strategic initiatives in place for these departments.

40

41 f. Administration

42

43 Mr. Crowley, City Manager, came forth and briefed the Council on updates to44 Administration' s strategic initiatives.

45

46 Mayor Pruitt then read the below listed discussion items into the public record before47 recessing the public meeting to go into Executive Session ( 5: 01 p.m.). 48

49

50 III. EXECUTIVE SESSION.

Monday, April 17, 2017 City Council Minutes

51

52 THE CITY OF ROCKWALL CITY COUNCIL WILL RECESS INTO EXECUTIVE SESSION TO DISCUSS53 THE FOLLOWING MATTERS AS AUTHORIZED BY CHAPTER 551 OF THE TEXAS GOVERNMENT54 CODE:

55

56 1. Discussion regarding the sale of real property / land in the vicinity of the57 downtown area pursuant to Section § 551. 072 ( Real Property)

58 2. Discussion regarding Specific Use Permit ( SUP) associated with car

59 dealerships located along IH -30 pursuant to Section 551. 071 ( Consultation60 with Attorney)

61 3. Discussion regarding the status of ambulance services contract pursuant to62 Section § 551. 071 ( Consultation with Attorney)

63 4. Discussion regarding the appeal to the Public Utility Commission filed by the64 cities of Garland, Mesquite, Plano and Richardson against the North Texas65 Municipal Water District ( NTMWD) regarding water rates pursuant to Section66 551. 071

67 5. Discussion regarding ( re) appointments to city regulatory boards, 68 commissions, and committees including the Planning & Zoning Commission69 and the North TX Municipal Water District Board pursuant to Section 551. 07470 ( personnel matters)

71 IV. ADJOURN EXECUTIVE SESSION

72

73 Council adjourned from Executive Session at 5: 58 p.m. 74

75 V. RECONVENE PUBLIC MEETING

76

77 Mayor Pruitt reconvened the public meeting at 6: 00 p. m. with all seven council members78 present.

79

80 Vl. TAKE ANY ACTION AS A RESULT OF EXECUTIVE SESSION

81

82 Mayor Pro Tem Townsend moved to reappoint Bill Lofland to serve an additional two - 83 year term on the North Texas Municipal Water District Board of Directors (June 1, 2015 — 84 May 31, 2019). Mayor Pruitt seconded the motion, which passed by a vote of 7 ayes to 085 nays.

86

87 VII. INVOCATION AND PLEDGE OF ALLEGIANCE - COUNCILMEMBER MILDER88

89 Councilmember Milder delivered the invocation and led the Pledge of Allegiance.

90

91 VIII. OPEN FORUM

92

93 Mayor Pruitt explained how Open Forum is conducted and asked if anyone would like to94 come forth and speak.

95

96 Bill Cadman

97 ( no address given)


98 Mr. Cadman came forth and encouraged the Council to consider making the Park at99 Breezy Hill handicap friendly and fully accessible to everyone, including putting rubber

100 flooring down instead of wood chips. 101

102 Ms. Addison Bryan

103 ( no address given)

104

105 Addison ( a minor child) came forth and provided comments to the city council106 concerning the proposed Park at Breezy Hill. She explained that she was born with her107 legs backwards. She can walk and run, but she cannot bend her knees. She would like108 the Council to consider building a park similar to Yellow Jacket Park in her109 neighborhood. She would like for it to have rubber flooring and no wood chips. She110 would also like playground equipment built for wheelchairs and with no stairs. 111

112 There being no one else wishing to come forth and speak, the mayor then closed Open113 Forum.

114

115 IX. CONSENT AGENDA

116

117 1. Consider approval of the minutes from the April 3, 2017 regular city118 council meeting, and take any action necessary.

119 2. Z2017 -005 - Consider a request by David Falls for the approval of an120 ordinance amending Ordinance No. 16 -15 for the purpose of allowing the121 Animal Clinic for Small Animals land use to be a permitted use through a

122 Specific Use Permit ( SUP) for all properties within Planned Development

123 District 50 ( PD -50), being 21. 266 -acres of land in the S. S. McCurry124 Survey, Abstract No. 146 and B. F. Boydston Survey, Abstract No. 14, 125 City of Rockwall, Rockwall County, Texas, zoned Planned Development126 District 50 ( PD -50) for Residential -Office ( RO) District land uses, situated

127 within the North Goliad Corridor Overlay ( NGC OV) District, generally128 located along N. Goliad Street [ SH -205] north of Interurban Street, and129 take any action necessary ( 2nd Reading).

130 3. Z2017 -006 - Consider a request by Brenda and Stuart Myers for the131 approval of an ordinance for a Specific Use Permit ( SUP) amending132 Ordinance No. 11 - 37 ( SUP No. S -034) to allow a restaurant with an

133 accessory general retail store on a 0. 6849 -acre parcel of land identified134 as Lot 1, Abate Injury Rehab Addition, City of Rockwall, Rockwall County, 135 Texas, zoned Planned Development District 50 ( PD -50) for Residential - 136 Office ( RO) District land uses, situated in the North Goliad Corridor137 Overlay ( NGC OV) District, addressed as 506 N. Goliad Street, and take138 any action necessary ( 2nd Reading).

139 4. Z2017 -008 Consider a city initiated request on behalf of Raymond Jowers140 of Jowers, Inc. for the approval of an ordinance for a Specific Use Permit

141 ( SUP) rescinding Ordinance No. 08 -38 ( SUP No. S -056) and allowing142 outside storage adjacent to IH -30 on a 4.4317 -acre tract of land identified

143 as Tract 22 -01 of the R. Irvine Survey, Abstract No. 120, City of Rockwall, 144 Rockwall County, Texas, zoned Light Industrial ( LI) District, situated145 within the IH -30 Overlay ( IH -30 OV) District, addressed as 2260 E. IH -30, 146 and take any action necessary (2nd Reading).


147 5. Consider awarding a bid to Denco Construction and authorizing the City148 Manager to execute a contract for Police Building Security Enhancements149 in the amount of $ 213,061 to be funded out of the Police Department

150 Operating budget, and take any action necessary.

151 Councilmember Lewis moved to approve the entire Consent Agenda ( #1, 2, 3, 4, and 5).

152 Mayor Pro Tern Townsend seconded the motion. The ordinances were read as follows: 153

154 CITY OF ROCKWALL

155 ORDINANCE NO. 17 -19

156157 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS158 AMENDING PLANNED DEVELOPMENT DISTRICT 50 ( PD -50) AND THE UNIFIED159 DEVELOPMENT CODE [ ORDINANCE NO. 04 -38] OF THE CITY OF ROCKWALL, AS

160 HERETOFORE AMENDED, FOR THE PURPOSE OF AMENDING PLANNED161 DEVELOPMENT DISTRICT 50 ( PD -50) TO ALLOW AN ANIMAL CLINIC FOR SMALL162 ANIMALS LAND USE TO BE PERMITTED BY A SPECIFIC USE PERMIT ( SUP)

163 WITHIN THE SUBJECT PROPERTY, BEING A 21. 266 -ACRE TRACT OF LAND164 SITUATED WITHIN THE S. S. McCURRY SURVEY, ABSTRACT NO. 146 AND B. F.

165 BOYDSTON SURVEY, ABSTRACT NO. 14, CITY OF ROCKWALL, ROCKWALL

166 COUNTY, TEXAS AND MORE FULLY DESCRIBED HEREIN BY EXHIBIT 'A' OF THIS167 ORDINANCE; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR A

168 PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS

169 ($ 2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; 170 PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.

171


173 ORDINANCE NO. 17 -21

174 SPECIFIC USE PERMIT NO. S -165

175

176 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, 177 AMENDING THE UNIFIED DEVELOPMENT CODE [ ORDINANCE NO. 04 -38] OF THE

178 CITY OF ROCKWALL, TEXAS, AS PREVIOUSLY AMENDED, SO AS TO GRANT A179 SPECIFIC USE PERMIT ( SUP) BY AMENDING ORDINANCE NO. 11 -37 ( SUP NO. S- 180 034), SPECIFICALLY TO ALLOW FOR A RESTAURANT IN CONJUNCTION WITH

181 AN ACCESSORY GENERAL RETAIL STORE AND BANQUET FACILITY ON A182 0. 6849 -ACRE PARCEL OF LAND; ZONED PLANNED DEVELOPMENT DISTRICT 50

183 ( PD -50) FOR RESIDENTIAL OFFICE ( RO) DISTRICT LAND USES; BEING

184 ADDRESSED AS 506 N. GOLIAD STREET AND IDENTIFIED AS LOT 1, ABATE185 INJURY REHAB ADDITION, CITY OF ROCKWALL, ROCKWALL COUNTY, TEXAS;

186 PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR A PENALTY OR FINE

187 NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($ 2, 000. 00) FOR EACH188 OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A

189 REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.

190


192 ORDINANCE NO. 1717 = 20

193 SPECIFIC USE PERMIT NO. S -164

194

195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS,

196 AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF ROCKWALL, 197 TEXAS, AS PREVIOUSLY AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT

198 ( SUP) RESCINDING ORDINANCE NO. 08 -38 ( SUP NO. S -056) AND ALLOWING199 OUTSIDE STORAGE IN A LIGHT INDUSTRIAL ( LI) DISTRICT WITHIN THE IH -30200 OVERLAY ( I1- 1- 30 OV) DISTRICT ON A 4.4317 -ACRE TRACT OF LAND BEING


201 IDENTIFIED AS TRACT 22 -01 OF THE R. IRVINE SURVEY, ABSTRACT NO. 120, 202 CITY OF ROCKWALL, ROCKWALL COUNTY, TEXAS; PROVIDING FOR SPECIAL203 CONDITIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM204 OF TWO THOUSAND DOLLARS ($2, 000.00) FOR EACH OFFENSE; PROVIDING FOR205 A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING206 FOR AN EFFECTIVE DATE

207

208 The motion passed by a vote of 7 ayes to 0 nays. 209

210 X. APPOINTMENTS211

212 1. Appointment with the Planning and Zoning Chairman to discuss and213 answer any questions regarding cases on the agenda and related issues214 and take any action necessary.

215

216 Johnny Lyons, current Planning & Zoning Chairman, came forth and briefed the Council217 on recommendations of the Commission relative to planning - related items on tonight' s218 Council meeting agenda. The Council took no action following Mr. Lyons' comments. 219

220 XI. PUBLIC HEARING ITEMS

221

222 1. Z2017 -009 - Hold a public hearing to discuss and consider a request by223 Cameron Slown of FC Cuny Corporation on behalf of Randall Noe of224 Rockwall Rental Properties, LP for the approval of an ordinance for a

225 Specific Use Permit ( SUP) for a Motor Vehicle Dealership, New ( Cars and226 Light Trucks) in a Light Industrial ( LI) District for a 4.86 -acre tract of land227 identified as Tract 5 of the N. M. Ballard Survey, Abstract No. 99, City of228 Rockwall, Rockwall County, Texas, zoned Light Industrial ( LI) District, 229 situated within the IH -30 Overlay ( I1- 1- 30 OV) District, addressed as 1415230 & 1501 E. IH -30, and take any action necessary ( 1st Reading) 231 [ Postponed to the May 1, 2017 City Council meeting].

232 Mayor Pruitt announced that the applicant has requested postponement of this agenda233 item. It will be addressed at the May 1st Council meeting instead. Council took no action234 concerning this item at this time. 235

236 2. Z2017 -010 - Hold a public hearing to discuss and consider a City initiated237 request for the approval of an ordinance for a zoning amendment to238 Planned Development District 32 ( PD -32) [ Ordinance No. 10 -21] for the239 purpose of amending the required streetscape elements stipulated by240 Exhibit ' C' of Ordinance No. 10 -21 affecting a — 78. 89 -acre tract of land241 identified as the Harbor District, being zoned Planned Development242 District 32 ( PD -32), situated within the Scenic Overlay ( SOV) and IH -30243 Overlay ( IH -30 OV) Districts, located at the southwest corner of Horizon244 Road [ FM -3097] and IH -30, and take any action necessary ( 1st245 Reading).

246 Planning Director Ryan Miller provided brief, introductory comments concerning this247 agenda item. He explained that at a work session in March, Council directed staff to

248 work out some issues in the PD -32 district, including evaluating replacing street lighting249 fixtures.


250 Per this direction staff has prepared a text amendment that [ 1] removes all references to

251 specific model numbers, [ 2] adds a requirement that applicants submit a Streetscape

252 Plan at the time of site plan, and [ 3] makes general corrections to exhibits reflecting253 approved changes to other districts ( i. e. changes approved with Case No. Z2017 -003 that

254 affected PD -32 & PD -7). The Streetscape Plan as required by the draft ordinance255 stipulates that applicants submit spec sheets /cut sheets for all proposed streetscape

256 elements to ensure compatibility and continuity within the district. In addition, the257 requirement would give the Planning and Zoning Commission the discretion to review258 the submitted products, and determine if they meet the architectural /aesthetic intent of259 the PD Ordinance. Since this is an amendment to an existing Planned Development260 District, staff has notified all residents and property owners inside the PD boundaries, 261 and within 500 -feet of the PD boundaries. Of the 137 notices mailed to property owners262 and residents on March 29, 2017, staff has received no replies in favor or opposed to the

263 request. In addition, staff emailed notices to the Lago Vista, Lakeside Village, Water's

264 Edge, Signal Ridge, Chandler' s Landing and Fox Chase Homeowner' s Associations265 ( HOA' s), which are the only HOA' s within 1, 500 -feet of the boundaries of the PD. The266 Planning & Zoning Commission has recommended approval of this item by a vote of 5 in267 favor with 0 opposed.

268

269 Mayor Pruitt then opened the public hearing and asked if anyone would like to come270 forth and speak at this time. There being no one indicating such, he then closed the271 public hearing. 272

273 Councilmember White made a motion to approve Z2017 -010. Councilmember Lewis

274 seconded the motion. The ordinance was read as follows:

275


277 ORDINANCE NO. 17-

278

279 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS280 AMENDING PLANNED DEVELOPMENT DISTRICT 32 ( PD -32) [ ORDINANCE NO. 10- 281 21] AND THE UNIFIED DEVELOPMENT CODE [ ORDINANCE NO. 04 -38] OF THE

282 CITY OF ROCKWALL, AS HERETOFORE AMENDED, SO AS TO FURTHER AMEND283 ORDINANCE NO. 10 -21 TO CODIFY CHANGES MADE BY ORDINANCE NO. 16 -13284 AND APPROVE MINOR CHANGES TO EXHIBIT 'C' FOR A - 75. 87 -ACRE TRACT OF

285 LAND SITUATED WITHIN THE M. J. BARKSDALE SURVEY, ABSTRACT NO. 11; E. 286 TEAL SURVEY, ABSTRACT NO. 207; J. SMITH SURVEY, ABSTRACT NO. 200; AND287 W. BLEVINS SURVEY, ABSTRACT NO. 9, CITY OF ROCKWALL, ROCKWALL

288 COUNTY, TEXAS AND MORE FULLY DESCRIBED HEREIN BY EXHIBIT 'A' OF THIS289 ORDINANCE; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR A290 PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS

291 ($ 2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; 292 PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.

293


296 3. Z2017 -011 - Hold a public hearing to discuss and consider a City initiated297 request for the approval of an ordinance for a text amendment to Section

298 4. 8, Downtown ( DT) District, of Article V, District Development Standards,

299 of the Unified Development Code for the purpose of amending the300 permitted major and minor waivers, and take any action necessary ( 1st301 Reading).


302 Mr. Miller provided background information concerning this agenda item. Approval of303 this ordinance would allow the City Council to approve major waivers to certain304 standards stipulated by the code. This direction came in response to an appointment305 with Rick Dirkse concerning a proposed development at 301 N. Goliad Street. 306 Specifically, Mr. Dirkse submitted a site plan on February 17, 2017 depicting a - - 5, 000307 SF, single story office building on the subject property. Upon reviewing the site plan, 308 staff identified several major issues relating to the intent of the Downtown ( DT) 309 District. Specifically, staff noted that the request did not conform to the requirements of310 the district with respect to the building placement, building form, architectural style, 311 parking requirements, and landscaping requirements. Several of these issues could be312 addressed through major or minor waivers as defined in the Downtown ( DT) District313 zoning ordinance; however, issues relating to the building' s height and roof color314 could not be waived by the code as it is currently written. This means that these

315 requirements would be obligatory for any development proposed in the Downtown ( DT) 316 District.

317 Staff has prepared a draft ordinance that would make changes to the Downtown ( DT) 318 District zoning ordinance and would allow the City Council the ability to grant a major319 waiver to any standard in the ordinance with the exception of the items that are320 specifically stipulated as minor waivers. Minor waivers could be approved

321 administratively with the option to appeal an administrative decision to the Planning and322 Zoning Commission. In the current ordinance there is no process to appeal a minor323 waiver.

324 After Mr. Miller' s comments, Mayor Pruitt opened the public hearing and asked if anyone325 would like to come forth and speak. There being no one, he then closed the public326 hearing. 327

328 Councilmember White moved to approve Z20177 -011. Councilmember Lewis seconded

329 the motion. The ordinance was read as follows: 330


332 ORDINANCE NO. 17-

333

334 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, 335 AMENDING THE UNIFIED DEVELOPMENT CODE [ ORDINANCE NO. 04 -38] OF THE336 CITY OF ROCKWALL, AS HERETOFORE AMENDED, BY AMENDING SECTION 4.8,

337 DOWNTOWN ( DT) DISTRICT, OF ARTICLE V, DISTRICT DEVELOPMENT338 STANDARDS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM339 OF TWO THOUSAND DOLLARS ($ 2, 000.00) FOR EACH OFFENSE; PROVIDING FOR

340 A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING341 FOR AN EFFECTIVE DATE.

342


345 4. Z2017 -012 - Hold a public hearing to discuss and consider a request by346 Maria Del Carmen Andrew for the approval of an ordinance for a zoning347 change from an Agricultural ( AG) District to Single - Family Estate 2. 0348 ( SFE -2. 0) District on a five ( 5) acre parcel of land being identified as Lot349 2, Block A, Edwards Acres Subdivision, City of Rockwall, Rockwall350 County, Texas, zoned Agricultural ( AG) District, addressed as 3401 FM- 351 549, and take any action necessary ( 1st Reading).

352 Mr. Miller provided background information concerning this agenda item. He indicated353 that notices were sent out to adjacent property owners located within 500' of the subject


354 property. Nearby homeowners associations were also notified. However, staff has

355 received no responses in return. The Planning & Zoning Commission has recommended356 approval of the item. Mayor Pruitt opened the public hearing, asking if anyone would like357 to come forth and speak at this time. There being no one indicating such, Mayor Pruitt358 closed the public hearing. Councilmember Lewis made a motion to approve Z2017 -012. 359 Councilmember White seconded the motion. The ordinance was read as follows: 360361 CITY OF ROCKWALL

362 ORDINANCE NO. 17_

363

364 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, 365 AMENDING THE UNIFIED DEVELOPMENT CODE [ ORDINANCE NO. 04 -381 OF THE366 CITY OF ROCKWALL, AS HERETOFORE AMENDED SO AS TO FURTHER AMEND367 THE ZONING MAP TO ADOPT A CHANGE IN ZONING FROM AN AGRICULTURAL368 ( AG) DISTRICT TO A SINGLE - FAMILY ESTATE 2. 0 ( SFE -2. 0) DISTRICT FOR A FIVE369 ( 5) ACRE TRACT OF LAND IDENTIFIED AS LOT 2, BLOCK A, EDWARDS ACRES370 SUBDIVISION, CITY OF ROCKWALL, ROCKWALL COUNTY, TEXAS AND MORE371 SPECIFICALLY DESCRIBED IN EXHIBIT ' A' OF THIS ORDINANCE; PROVIDING

372 FOR SPECIAL CONDITIONS; PROVIDING FOR A PENALTY OF FINE NOT TO373 EXCEED THE SUM OF TWO THOUSAND DOLLARS ($ 2, 000.00) FOR EACH

374 OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A375 REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 376


379 XII. ACTION ITEMS

380

381 1. Z2017 -007 - Discuss and consider a request by Rich Darragh of the382 Skorburg Company on behalf of the owner Bradley Joe Gideon for the383 approval of an ordinance for a zoning change from an Agricultural ( AG) 384 District to a Planned Development District for Single Family 7 ( SF -7) 385 District land uses, on a 30. 36 -acre tract of land identified as a portion of

386 Tract 1 - 01 of the S. R. Barnes Survey, Abstract No. 13, City of Rockwall, 387 Rockwall County, Texas, zoned Agricultural ( AG) District, situated within388 the 205 By -Pass Corridor Overlay ( 205 BY -OV) District, located at the389 southwest corner of the intersection of E. Quail Run Road and John King390 Boulevard, and take any action necessary ( 1st Reading).

391 Mr. Miller provided background information concerning this agenda item, indicating that392 the property is located near the intersection of John King Boulevard and Quail Run Road. 393 It is currently zoned AG; however, the applicant is requesting to change the zoning to394 allow for a single - family subdivision. He generally indicated that the applicant has made395 some modifications to that which they originally proposed at the last council meeting. 396 The applicant has submitted revisions, and the Council has been provided with details of397 these proposed updates. Notices were sent out March Bch to ten adjacent property398 owners, and two notices of opposition were received back by staff. The public hearings399 have already been held concerning this request. Mayor Pruitt called upon Assistant City400 Engineer, Amy Williams, to speak concerning some updates to the proposed detention401 systems. In the original request, detention was being shown on the up- stream side, so402 water would likely have had difficulty making it into those systems. However, the

403 applicant has updated their proposal, and it now shows the detention systems on the404 downhill side, so they will be able to function properly and detain the water. Ms. Williams


405 also briefly spoke about proposed median cuts and associated openings. She explained406 that these updates will meet the city' s requirements.

407 Mayor Pruitt commented that a lot of residents seem to be concerned about residential408 development along John King Boulevard. As such, he would like to put a moratorium on409 any future residential development to allow staff and Council time to evaluate the city' s410 requirements, including the possibility of establishing requirements for ' slip streets' in411 future neighborhood developments along John King. He would also like the city to412 further evaluate our comprehensive plan to consider changing some of these properties413 to commercial or retail type uses. Mayor Pruitt shared that he would like the developer to414 stipulate on all of the new home plats that homeowners will very well see and hear traffic415 along John King.

416 Councilmember White made a motion to approve Z2017 -007, including the P &Z and staff417 recommendations as well as the changes recommended by Council at the last meeting. 418 He included in his motion that the residential plats state that these home will be located419 along a highway. Councilmember Hohenshelt clarified the motion, pointing out that the420 motion reflects 35% front entry garages, changes to the berm, the larger setback, the421 change in the configuration of the land to further push the homes away from John King. 422 Mr. Miller pointed out that the ordinance that is before the Council for consideration this423 evening does include these items. Councilmember Hohenshelt seconded the motion.

424 Following brief comments, the ordinance was read as follows:

425 CITY OF ROCKWALL, TEXAS

426 ORDINANCE NO. 17 -_ 427

428 ORDINANCE NO. 17 -XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY429 OF ROCKWALL, TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE430 [ ORDINANCE NO. 04 -381 OF THE CITY OF ROCKWALL, AS HERETOFORE431 AMENDED, SO AS TO CHANGE THE ZONING FROM AN AGRICULTURAL ( AG) 432 DISTRICT TO PLANNED DEVELOPMENT DISTRICT XX ( PD -XX) FOR SINGLE433 FAMILY 7 ( SF -7) DISTRICT LAND USES ON THE SUBJECT PROPERTY, BEING A434 30. 36 -ACRE TRACT OF LAND IDENTIFIED AS A PORTION OF TRACT 1 - 01 OF THE435 S. R. BARNES SURVEY, ABSTRACT NO. 13, CITY OF ROCKWALL, ROCKWALL436 COUNTY, TEXAS AND MORE FULLY DESCRIBED HEREIN BY EXHIBIT ' A'; 437 PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR A PENALTY OF FINE438 NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($ 2, 000.00) FOR EACH439 OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A440 REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 441

442 The motion passed by a vote of 6 in favor with 1 against (Townsend).

443 Mayor Pruitt directed staff to bring a plan to the Council regarding placing a moratorium444 on any future residential development along the John King Boulevard corridor. 445 Councilmember Milder seconded the motion. The city attorney mentioned that public446 hearings must be held prior to the Council putting a moratorium in place. Staff447 suggested that a work session item could be placed on the May 1st council meeting448 agenda to further discuss this matter. After brief comments, Mayor Pruitt withdrew his449 motion, and Hohenshelt withdrew his second. This topic will be addressed at the next450 council meeting during the Work Session and /or Action Items.

451

452


453 2. Discuss and consider authorizing the City Manager to enter into a454 construction manager at risk contract to include a guaranteed maximum

455 price for the construction of the Park at Breezy Hill, and take any action456 necessary

457 Andy Hesser, Parks & Rec Manager, provided brief introductory comments. William

458 Spencer with MHS Planning & Design then came forth and provided a briefing to Council459 concerning proposed plans for this park. He explained that the proposed site amenities460 include the following:

461 • 30' x50' Log beam pavilion462 • Playground with engineered wood fiber fall zone surfacing

463 • Approximately 213 mile 8' concrete trail464 • Trail connections to existing trail with the Breezy Hill neighborhood465 • Approximately 15,000 sq. ft. irrigated open lawn /play area466 • One acre pond with an wildlife viewing /fishing pier467 • Native prairie area.

468

469 Mr. Brad Bassett, current chairman of the Park Board, came forth to address the Council470 on this item. Mr. Bassett commented that the current proposal calls for a wood chip -like

471 material. He suggested that the Council consider upgrading this to include a " poured in472 place" ground surface and that the stairs and some of the connectors in the park be

473 replaced with some things that are more 'wheelchair friendly.' He understands that these474 upgrades will cost approximately $ 150,000 additional dollars. He shared that Addison, 475 who spoke during Open Forum, is a nine year old who currently attends Grace Hartman476 Elementary School in Rockwall. She previously spoke before the Park Board in a public477 forum held back in November. In addition, she previously spoke at the last Park Board478 meeting in addition to speaking during tonight' s City Council meeting Open Forum. 479 Mayor Pruitt indicated that the city manager may have some suggestions for funding the480 additional $150, 000. Mr. Crowley shared that the only source of funding he can think of is481 ' general fund reserves.' However, staff may further evaluate possible alternatives for482 coming up with the additional funds. 483

484 Timing of the project was generally discussed, as well as the need to keep the project485 moving forward so that it may stay " on time" for ultimate completion. Councilmember486 Lewis generally indicated that he does not have a problem with adding the features and487 upgrades needed to make the design more handicapped accessible.

488 Councilmember Milder made a motion to approve the park design as recommended by the

489 Park Board with authorization for up to an additional $150, 000 for the accessible upgrades490 to make the park more handicapped accessible as recommended by the Park Board491 chairman. Councilmember White seconded the motion. Councilmember White and Mayor492 Pruitt indicated that they would be more comfortable waiting to receive more specific493 " hard numbers" before approving the additional funding. White suggested that the494 council consider acting upon two, separate motions so that the Council knows exactly495 what number is being voted on. Mayor Pruitt echoed that he will feel more comfortable496 voting on ' firm numbers' too.


497

498 Councilmember White rescinded his second to Milder' s motion. Councilmember Lewis499 then seconded Milder' s stated motion. The motion failed by a vote of 3 ayes to 4 nays500 ( White, Hohenshelt, Pruitt and Fowler).

501

502 Councilmember White moved to approve the park plan as presented. Mayor Pro Tern

503 Townsend seconded the motion. The motion passed by a vote of 7 ayes to 0 nays. 504

505 Staff was asked to bring back a subsequent Action /discussion item at the next city506 council meeting pertaining to more firm numbers for the additional, " accessible" park507 features.

508

509 3. Discuss and consider approval of an ordinance amending Chapter 6. 510 Animals; Article I. General; Article V. Impoundment; Article VII.

511 Dangerous Dogs; and Article IX. Animal Care and Control, and take any512 action necessary. [ 1st reading]

513 Mr. Hesser, staff member who currently supervises the Animal Services Department, 514 provided background information concerning this agenda item. The following is a515 summary of the major changes that are proposed with this ordinance amendment: 516

517 • Clean up and additions to definitions section to provide clarity. 518 • Clarification of the prohibition of dangerous animals and associated authorities of519 appropriate staff and appeals.

520 • Clarification of ARTICLE V. Impoundment authority, notice and fees. 521 • The addition of an aggressive dog classification, owner responsibilities, appeals and522 declassification.

523 • Clarification of dangerous dog complaint, classification and appeal procedures. 524 • Addition of section to clarify the status of dog pending appeals. 525 • Change in tethering language to accommodate an exception to the tethering526 ordinance for legal trolley systems within certain limitations. 527

528 Councilmember Lewis raised a question concerning the city retaining a dog for a period529 of 7 days before it becomes the property of the city and is then either adopted out or530 humanely euthanized. He is concerned about a resident perhaps being out of the531 country for longer than 7 days and not knowing that their dog has gone missing. Mr. 532 Garza, city attorney, shared that he has seen some cities extend out the time to 30 days; 533 however, this comes at a financial cost to the city. 534

535 Councilmember Lewis moved to approve the ordinance as presented. Mayor Pro Tem

536 Townsend seconded the motion. The ordinance was read as follows:

537

538 CITY OF ROCKWALL, TEXAS539 ORDINANCE NO. 17 -_

540

541 AN ORDINANCE OF THE CITY OF ROCKWALL, TEXAS CODE OF ORDINANCES

542 AMENDING CHAPTER 6, ANIMALS, ARTICLE I. GENERAL; ARTICLE V.

543 IMPOUNDMENT; ARTICLE VII. DANGEROUS DOGS; AND ARTICLE IX. ANIMAL

544 CARE AND CONTROL; INCORPORATING RECITALS; PROVIDING REPEALING,


545 SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING FOR PUBLICATION; AND546 SETTING AN EFFECTIVE DATE.

547


550 4. Discuss and consider granting permissions for the City' s May 20, 2017551 Founders Day Festival at Harry Myers Park related to Chapter 30, Article552 I, Sec. 30 -2, Regulated Activities in Parks of the Code of Ordinances, and553 take any action necessary.

554 Mr. Hesser provided brief, introductory comments. He explained that this agenda item is555 a discretionary action on the part of the Council. It would temporarily allow for alcohol556 during the city' s annual Founder' s Day Festival, and it would immediately expire at the557 close of the event.

558 Councilmember White moved to allow the possession and consumption of alcohol at

559 Harry Meyers Park during the city' s upcoming Founders Day Festival. Councilmember560 Lewis seconded the motion. The motion passed by a vote of 6 ayes to 1 nay (Pruitt).

561 5. Discuss and consider possible amendments to Code of Ordinances

562 Chapter 26, Motor Vehicles and Traffic to add provisions for extended

563 parking of recreational vehicles and take any action necessary.

564 Mayor Pro Tern Townsend shared that he has brought forth this discussion item because565 he believes, at a minimum, that residents should be able to apply for a special permit of566 some sort if he/she intends to have an RV parked for a longer period of time than that for567 which the city' s ordinance provisions allow. Discussion ensued pertaining to the city' s568 current definition of " recreational use vehicles" and the associated prohibitions that569 apply for resident driveways and for "on street" parking.

570 Indication was generally given that staff will bring back some ordinance language571 options so that Council may consider making amendments to the current regulations. 572 After lengthy discussion, the Council took no formal action concerning this agenda item. 573 6. Discuss and consider an appointment to fill a vacancy on the city' s Main574 Street Advisory Board ( MSAB), and take any action necessary.

575

576 Councilmember Milder shared that he would like to make a motion to appoint Terry577 Gregory to the Main Street Advisory Board ( to replace former member, Mr. Gene578 Stroman, with a partial term to run through January of 2018). Councilmember

579 Hohenshelt seconded the motion, which passed by a vote of 7 ayes to 0 nays. 580

581 XIII. EXECUTIVE SESSION

582

583 THE CITY OF ROCKWALL CITY COUNCIL WILL RECESS INTO EXECUTIVE SESSION TO DISCUSS584 THE FOLLOWING MATTERS AS AUTHORIZED BY CHAPTER 551 OF THE TEXAS GOVERNMENT585 CODE:

586

587 1. Discussion regarding the sale of real property / land in the vicinity of the downtown area588 pursuant to Section § 551. 072 (Real Property)

589 2. Discussion regarding Specific Use Permit ( SUP) associated with car dealerships590 located along IH -30 pursuant to Section 551. 071 ( Consultation with Attorney)


591 3. Discussion regarding the status of ambulance services contract pursuant to Section592 § 551. 071 ( Consultation with Attorney)

593 4. Discussion regarding the appeal to the Public Utility Commission filed by the cities of594 Garland, Mesquite, Plano and Richardson against the North Texas Municipal Water595 District ( NTMWD) regarding water rates pursuant to Section 551. 071

596 5. Discussion regarding ( re)appointments to city regulatory boards, commissions, and597 committees including the Planning & Zoning Commission and the North TX Municipal598 Water District Board pursuant to Section 551. 074 ( personnel matters)

599 XIV. RECONVENE PUBLIC MEETING & TAKE ANY ACTION AS RESULT OF EXECUTIVE SESSION600

601 Council did not reconvene in Executive Session following the close of the public meeting602 agenda.

603

604 XV. ADJOURNMENT

605

606 Mayor Pruitt announced that the city' s annual Household Hazardous Waste Day is607 coming up on April 22. He encouraged all residents to take advantage of this opportunity608 to dispose of hazardous materials in a safe way. He then adjourned the meeting at 7: 28609 p.m. 610

611

612 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS,

613 THIS 1` day of May, 2017.

614

615

616 ATTEST: ` Jim Prui M or

617 0. pCKWq% 618

619 Kr ty C le, City Secretary sat. x


Milder, Kevin Fowler and Dennis Lewis. Also present were City...

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