including the Building and Standards Commission, Planning & Zoning 31 Commission, and Board of Adjustments pursuant to Section 551.

Transcription

1 1 MINUTES 2 ROCKWALL CITY COUNCIL 3 Monday, August 07, : 00 p. m. Regular City Council Meeting 5 City Hall S. Goliad, Rockwall, Texas I. CALL PUBLIC MEETING TO ORDER 9 10 Mayor Pruitt called the meeting to order at 5: 00 p. m. Present were Mayor Jim Pruitt, 11 Mayor Pro Tern John Hohenshelt, and Council Members Dana Macalik, Mike Townsend, 12 Kevin Fowler, Bennie Daniels and Dennis Lewis. Also present were City Manager Rick 13 Crowley, Assistant City Manager Mary Smith, and City Attorney Frank Garza. Assistant 14 City Manager Brad Griggs was absent from the meeting Mayor Pruitt read the below listed discussion items into the record before recessing the 17 public meeting to go into Executive Session ll. EXECUTIVE SESSION THE CITY OF ROCKWALL CITY COUNCIL WILL RECESS INTO EXECUTIVE SESSION TO DISCUSS 22 THE FOLLOWING MATTERS AS AUTHORIZED BY CHAPTER 551 OF THE TEXAS GOVERNMENT 23 CODE: Discussion regarding the possible joint purchase of real property for 26 transportation /municipal purposes pursuant to Section ( Real Property) Discussion regarding land acquisition in the vicinity of the downtown area pursuant to 28 Section ( Real Property) Discussion regarding ( re) appointments to city regulatory boards, commissions, and 30 committees including the Building and Standards Commission, Planning & Zoning 31 Commission, and Board of Adjustments pursuant to Section ( personnel 32 matters) Discussion regarding the appeal to the Public Utility Commission filed by the cities of 34 Garland, Mesquite, Plano and Richardson against the North Texas Municipal Water 35 District ( NTMWD) regarding water rates pursuant to Section ( Consultation with 36 Attorney). 38 III. ADJOURN EXECUTIVE SESSION Council adjourned from Executive Session at 5: 50 p. m IV. RECONVENE PUBLIC MEETING ( 6: 00 P. M.) Mayor Pruitt reconvened the public meeting at 6: 00 p. m. with all seven city council 45 members being present Monday, August 07, 2017 City Council Minutes Page 1

2 49 V. TAKE ANY ACTION AS A RESULT OF EXECUTIVE SESSION Council took no action as a result of Executive Session VI. INVOCATION AND PLEDGE OF ALLEGIANCE - COUNCILMEMBER LEWIS Councilmember Lewis delivered the invocation and led the Pledge of Allegiance VII. PROCLAMATIONS / AWARDS Lifesaving Award Recognitions - Kellee Marley, April Onofre, and 60 Dimitrius Glenn 61 Bonnie Lavielle, Director of the Rockwall Y.M. C. A., came forward with Kellee Marley, April 62 Onofre, and Dimitrius Glenn. Also present were Mitch Ownby of Rockwall County EMS 63 ( local ambulance company) and Mr. Paul Havens. Mayor Pruitt read and presented Mrs. 64 Onofre, Mrs. Marley, and Mr. Glenn with lifesaving awards in recognition of them helping 65 save Mr. Havens life during an exercise class back in May. Mr. Havens expressed a deep 66 gratitude to the individuals who helped save his life that day Barb Coleson Appreciation Day Mayor Pruitt came forth and shared kind words about Mrs. Barb Coleson, a beloved 70 member of the Rockwall community, who recently passed away VIII. OPEN FORUM Mayor Pruitt explained how Open Forum is conducted and asked if anyone in the 75 audience would like to come forth and speak at this time Ms. Kaylen Pruitt Stonebridge 79 Rockwall, TX Ms. Pruitt came forth and expressed concern about the fountains at the spray park at The 82 Harbor not working properly. She explained that no water is shooting out at the spray 83 park, and she petitioned the city to make needed repairs before the hot, summer season 84 is over IX. CONSENT AGENDA Consider approval of the minutes from the July 10, 2017 Special City Council 89 meeting, and take any action necessary Consider approval of the minutes from the July 17, 2017 regular city council 91 meeting, and take any action necessary Z Consider a request by Joe Wimpee for the approval of an 93 ordinance for a zoning change from an Agricultural ( AG) District to a Single - 94 Family Estate 4. 0 ( SFE -4.0) District for an acre tract of land identified as 95 Tract 2 of the C. W. Jones Survey, Abstract No. 127, City of Rockwall, Rockwall 96 County, Texas, zoned Agricultural ( AG) District, generally located north of the Page 2

3 97 intersection of Dalton Road and Promenade Place, and take any action 98 necessary ( 2nd Reading) Z Consider a city initiated request for the approval of an ordinance 100 for a text amendment amending Section 4. 1, Lots Less Than Five ( 5) Acres, of 101 Article VI, Parking and Loading, of the Unified Development Code and Chapter , Motor Vehicles and Traffic, of the Municipal Code of Ordinances for the 103 purpose of consolidating language relating to the storage of recreation vehicles 104 and adding provisions to allow extended parking, and take any action necessary 105 ( 2nd Reading) Z Consider a request by Mahbub Dewan of D1 Architect on behalf of 107 Deepak Gandhi for the approval of an ordinance for a Specific Use Permit 108 ( SUP) allowing a hotel in a Commercial ( C) District that exceeds 36 -feet in 109 height within the Scenic Overlay ( SOV) District on a acre parcel of land 110 identified as a portion of Lot 8 and all of Lots 9 & 11, Block A, La Jolla Pointe, 111 Phase 2 Addition, City of Rockwall, Rockwall County, Texas, zoned Commercial 112 ( C) District, situated within the Scenic Overlay ( SOV) and I Overlay ( I OV) Districts, generally located along La Jolla Pointe Drive, east of the 114 intersection of La Jolla Pointe Drive and Laguna Drive, and take any action 115 necessary ( 2nd Reading) Z Consider a request by Juan J. Vasquez of Vasquez Engineering, 117 LLC on behalf of the owner Don Silverman of Rockwall , LLC for the 118 approval of an ordinance for a Specific Use Permit ( SUP) allowing an 3, SF restaurant with drive - through on a acre parcel of land identified as Lot 120 4, Block A, Dalton - Goliad Addition, City of Rockwall, Rockwall County, Texas, 121 zoned General Retail ( GR) District, situated within the North SH -205 Overlay (N- 122 SH -205 OV) District, addressed as 3611 N. Goliad Street, and take any action 123 necessary (2nd Reading) Z Consider a request by Calise Barraque of The Mint Julep on behalf 125 of the owner Caprice Michelle of Rockwall Rustic Ranch, LLC for the approval of 126 an ordinance for a Specific Use Permit ( SUP) for a general retail store on a acre parcel of land identified as Lot 1, Block A, Rockwall Rustic Ranch 128 Addition, City of Rockwall, Rockwall County, Texas, zoned Planned 129 Development District 50 ( PD -50), situated within the North Goliad Corridor 130 Overlay ( NGC OV) District, addressed as 406 N. Goliad Street, and take any 131 action necessary ( 2nd Reading) Consider authorizing the sale of City owned undeveloped land to Fang 133 Properties LLC in the amount of $163, 500 for two residential lots located at N/ S 134 E. Heath St. and acres located at the southwest quadrant of N. Fannin and 135 E. Heath St. and authorize the City Manager to execute related contracts, and 136 take any action necessary Consider approval of a professional engineering services contract with Halff 138 Associates, Inc. to perform an engineering drainage analysis for Bayshore Drive 139 in the amount of $ 54,500, to be funded by the FY Engineering 140 Operations Budget, and take any action necessary Consider approval of Change Order Number One to Barson Utilities for changes 142 in the construction installation method for the Signal Ridge Sanitary Sewer Pipe Page 3

4 143 Bursting Project in the amount of $ 57, to be funded by 2015 Water and 144 Sewer bonds, and take any necessary action P Consider a request by Worth Williams of Moore Worth 146 Investments, LLC for the approval of a replat for Lot 5, Block A, Lakeshore 147 Commons Addition being a acre parcel of land currently identified as Lot 148 1, Block A, Lakeshore Commons Addition, City of Rockwall, Rockwall County, 149 Texas, zoned Planned Development District 65 ( PD -65) for General Retail ( GR) 150 District land uses, situated within the North SH -205 Overlay ( N. SH -205 OV) 151 District, located at the southwest corner of Quail Run Road and N. Goliad Street 152 ( SH -205), and take any action necessary P Consider a request by Matt Moore, PE of Claymoore Engineering, 154 Inc. on behalf of the owner Rockwall Regional Hospital, LLP for the approval of 155 a replat for Lot 23, Block A, Presbyterian Hospital Addition being a acre 156 parcel of land identified as Lot 22, Block A, Presbyterian Hospital of Rockwall 157 Addition, City of Rockwall, Rockwall County, Texas, zoned Planned 158 Development District 9 ( PD -9) for General Retail ( GR) District land uses, located 159 east of the intersection of Summer Lee Drive and Rockwall Parkway, and take 160 any action necessary P Consider a request by Mike Swiercinsky of 7. 1 Ridge, LLC for the 162 approval of a final plat for Lot 1, Block A, Sky Ridge Addition being a acre 163 tract of land currently identified as Tracts 4 & 19 of the E. P. G. Chisum Survey, 164 Abstract No. 64, City of Rockwall, Rockwall County, Texas, zoned Commercial 165 ( C) District, situated within the Scenic Overlay (SOV) District, located west of the 166 intersection of W. Yellow Jacket Lane and Ridge Road ( FM -740), and take any 167 action necessary. 168 Mayor Pruitt removed # 5, # 8, and # 9 from the Consent Agenda. Councilmember Lewis 169 moved to approve the Consent Agenda, minus items # 5, 8 and 9. Councilmember 170 Townsend seconded the motion. The ordinances were read as follows: 171 CITY OF ROCKWALL 172 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, 175 AMENDING THE UNIFIED DEVELOPMENT CODE [ ORDINANCE NO OF THE 176 CITY OF ROCKWALL, AS HERETOFORE AMENDED SO AS TO FURTHER AMEND 177 THE ZONING MAP TO ADOPT A CHANGE IN ZONING FROM AN AGRICULTURAL 178 ( AG) DISTRICT TO A SINGLE - FAMILY ESTATE 4.0 ( SFE -4. 0) DISTRICT FOR AN ACRE TRACT OF LAND IDENTIFIED AS TRACT 2 OF THE C. W. JONES 180 SURVEY, ABSTRACT NO. 127, CITY OF ROCKWALL, ROCKWALL COUNTY, TEXAS 181 AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT `A' AND DEPICTED IN EXHIBIT 182 ` B' OF THIS ORDINANCE; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING 183 FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND 184 DOLLARS ($ 2, ) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY 185 CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR AN 186 EFFECTIVE DATE CITY OF ROCKWALL 189 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, 192 AMENDING THE UNIFIED DEVELOPMENT CODE [ ORDINANCE NO AND Monday, August 07, 2017 City Council Minutes Page 4

5 193 THE CODE OF ORDINANCES OF THE CITY OF ROCKWALL, AS HERETOFORE 194 AMENDED, BY AMENDING SECTION 4. 1., LOTS LESS THAN FIVE ACRES, OF 195 ARTICLE VI, PARKING AND LOADING OF THE UNIFIED DEVELOPMENT CODE 196 AND SECTION , PARKING OVERSIZED AND RECREATIONAL VEHICLES IN 197 RESIDENTIAL AREAS, OF ARTICLE VII, STOPPING, STANDING, OR PARKING, 198 CHAPTER 26, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF ORDINANCES 199 OF THE CITY OF ROCKWALL INCORPORATING LANGUAGE RELATING TO THE 200 STORAGE OF RECREATIONAL VEHICLES; PROVIDING EXTENDED PARKING; 201 PROVIDING DEFINITIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED 202 THE SUM OF TWO THOUSAND DOLLARS ($ 2, ) FOR EACH OFFENSE; 203 PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER 204 CLAUSE; PROVIDING FOR AN EFFECTIVE DATE CITY OF ROCKWALL 207 ORDINANCE NO SPECIFIC USE PERMIT NO. S AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, 212 AMENDING THE UNIFIED DEVELOPMENT CODE [ ORDINANCE NO OF THE 213 CITY OF ROCKWALL, AS HERETOFORE AMENDED, SO AS TO FURTHER AMEND 214 THE ZONING MAP TO ADOPT A SPECIFIC USE PERMIT ( SUP) TO ALLOW FOR A 215 RESTAURANT GREATER THAN 2, 000 SF WITH A DRIVE- THROUGH IN A 216 GENERAL RETAIL ( GR) DISTRICT, ON A ACRE PARCEL OF LAND BEING 217 IDENTIFIED AS A PORTION OF LOT 4, BLOCK A, DALTON - GOLIAD ADDITION, 218 CITY OF ROCKWALL, ROCKWALL COUNTY, TEXAS AND MORE FULLY 219 DESCRIBED IN EXHIBIT ` A' OF THIS ORDINANCE; PROVIDING FOR SPECIAL 220 CONDITIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM 221 OF TWO THOUSAND DOLLARS ($2, ) FOR EACH OFFENSE; PROVIDING FOR 222 A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING 223 FOR AN EFFECTIVE DATE. 224 CITY OF ROCKWALL 225 ORDINANCE NO. 17= SPECIFIC USE PERMIT NO. S AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, 229 AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF ROCKWALL, 230 TEXAS, AS PREVIOUSLY AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT 231 ( SUP) TO ALLOW FOR A GENERAL RETAIL STORE IN PLANNED DEVEOPMENT 232 DISTRICT 50 ( PD -50), ON A ACRE PARCEL OF LAND BEING IDENTIFIED AS 233 LOT 1, BLOCK A, ROCKWALL RUSTIC RANCH ADDITION, CITY OF ROCKWALL, 234 ROCKWALL COUNTY, TEXAS; PROVIDING FOR SPECIAL CONDITIONS; 235 PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO 236 THOUSAND DOLLARS ($ 2, ) FOR EACH OFFENSE; PROVIDING FOR A 237 SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING 238 FOR AN EFFECTIVE DATE The motion passed unanimously ( 7 ayes to 0 nays) Mayor Pruitt spoke about Consent Agenda Item # 5, generally expressing concern 243 about shared parking regarding this particular hotel and the adjacent hotel ( that 244 was remanded back to the city' s Planning & Zoning Commission for further 245 consideration during the last city council meeting). He is generally concerned 246 about approving one hotel but perhaps not approving the other one, and he is 247 also concerned about there potentially being two, separate hotel owners over Page 5

6 248 time. Mr. Miller generally explained that the city council has the ability to approve 249 a shared parking agreement through the site plan process. Then, it would be filed 250 with Rockwall County, making it a condition of approval for both of the properties. 251 So, the agreement would stay in place even if one of the two properties were to 252 sell to a different owner over time. Mr. Miller explained that any " shared parking 253 agreement" will be addressed during the site planning and approval process. 254 Following these comments, Mayor Pruitt motioned to approve Consent Agenda 255 item # 5 ( Z ). Councilmember Townsend seconded the motion CITY OF ROCKWALL 258 ORDINANCE NO SPECIFIC USE PERMIT NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, 262 AMENDING THE UNIFIED DEVELOPMENT CODE [ ORDINANCE NO OF THE 263 CITY OF ROCKWALL, AS HERETOFORE AMENDED, SO AS TO FURTHER AMEND 264 THE ZONING MAP TO ADOPT A SPECIFIC USE PERMIT ( SUP) TO ALLOW FOR A 265 HOTEL IN A COMMERCIAL ( C) DISTRICT AND TO ALLOW FOR A STRUCTURE 266 THAT EXCEEDS 36 -FT IN HEIGHT WITHIN THE SCENIC OVERLAY (SOV) DISTRICT, 267 ON A ACRE PARCEL OF LAND BEING IDENTIFIED AS A PORTION OF LOT AND ALL OF LOTS 9 AND 11, BLOCK A, LA JOLLA POINTE, PHASE 2 ADDITION, 269 CITY OF ROCKWALL, ROCKWALL COUNTY, TEXAS AND MORE FULLY 270 DESCRIBED IN EXHIBIT ' A' OF THIS ORDINANCE; PROVIDING FOR SPECIAL 271 CONDITIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM 272 OF TWO THOUSAND DOLLARS ($ 2, ) FOR EACH OFFENSE; PROVIDING FOR 273 A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING 274 FOR AN EFFECTIVE DATE The motion passed by a vote of 7 ayes to 0 nays Regarding item # 8, Mayor Pruitt announced that Councilmember Macalik has requested 279 to recuse herself from this item. Councilmember Townsend moved to approve Consent 280 Agenda item # 8. Councilmember Lewis seconded the motion, which passed by a vote of ayes with 1 recusal ( Macalik) Mayor Pruitt introduced the city' s new Director of Public Works /City Engineer, Amy 284 Williams. The then commented regarding Consent Agenda item # 9, expressing concern 285 about the city making this particular expenditure in light of the possibility that the city 286 may end up needing to " buy out" this home / this property at some point in the future. 287 Mr. Crowley generally indicated that the property owner does not have his home up for 288 sale at this time, and he has not given indication that he would like to move out of his 289 home at this point. It could ultimately come to that; however, the city feels it is prudent 290 to fully research he options, especially when a homeowner does not have their home up 291 for sale. City Engineer Amy Williams provided brief comments, indicating that the 292 property has flooded three times in past years. The new property owner is new, and has 293 only been living in the home when the most recent, 2017 flood occurred. She explained 294 that the engineering design work affecting this particular home was built to the standard 295 that was in place at that time. It is a little bit older of a subdivision, and today' s 296 standards are higher. So it is just an older subdivision that needs to be brought up to 297 current standards. Ms. Williams shared that, at this time, it is only this one home that 298 has flooded. A neighboring home has had water, but it has not yet reached the actual 299 home up until this point. Councilmember Daniels asked for clarification regarding if this Monday, August 07, 2017 City Council Minutes Page 6

7 300 study will only affect and benefit that one home. Ms. Williams indicated that, no, it will 301 also benefit some other homes in that small, general area, and the entire " basin" will be 302 studied to be sure the ' fix' does not adversely affect other, neighboring properties. 303 Following these brief comments, Councilmember Lewis moved to approve Consent 304 Agenda item # 9. Mayor Pro Tern Hohenshelt seconded the motion, which passed by a 305 vote of 7 ayes to 0 nays X. APPOINTMENTS Appointment with the Planning and Zoning Chairman to discuss and 310 answer any questions regarding cases on the agenda and related issues 311 and take any action necessary. 312 The Council did not discuss this agenda item, as indication was given that it was 313 unnecessary to do so XI. PUBLIC HEARING ITEMS Hold a public hearing to discuss and consider approval of an ordinance 318 adopting local standards of care for the city parks and recreation youth 319 programs as required by Chapter 42 of the Texas Human Resources 320 Code, and take any action necessary. ( 1st reading) 321 Parks & Rec Manager, Andy Hesser, provided brief background information to the 322 Council concerning this agenda item. Mayor Pruitt opened the public hearing, asking if 323 anyone would like to come forth and speak at this time. There being no one indicating 324 such, he then closed the public hearing Councilmember Townsend made a motion to approve the ordinance as presented. 327 Councilmember Lewis seconded the motion. The ordinance was read as follows: CITY OF ROCKWALL, TEXAS 330 ORDINANCE NO. 17 -_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 333 ROCKWALL, TEXAS ADOPTING LOCAL STANDARDS OF CARE 334 FOR THE CITY PARKS AND RECREATION YOUTH PROGRAMS AS 335 REQUIRED BY CHAPTER 42 OF THE TEXAS HUMAN RESOURCES 336 CODE; PROVIDING FOR AN EFFECTIVE DATE The motion passed unanimously of those present (7 ayes to 0 nays) XII. ACTION ITEMS A Discuss and consider the expiration of an existing Development Agreement for a acre tract of land that is contiguous 344 with the City of Rockwall' s city limits, situated within the City's 345 Extraterritorial Jurisdiction ( ETJ), addressed as 427 Clem Road and 346 identified as Tract 22 of the W. M. Dalton Survey, Abstract No. 72, City of 347 Rockwall, Rockwall County, Texas, and take any action necessary. Page 7

8 348 Planning Director Ryan Miller provided background information concerning this agenda 349 item. A 212 development agreement was previously put into place for a period of years, and it is nearly expiration at this point. The property owner has submitted a letter 351 requesting an additional seven year 212 development agreement. Indication was given 352 that the property owner is not present at the council meeting this evening Councilmember Daniels asked if the 212 agreement is affixed to the property itself or to 355 the property owner. Mr. Miller shared that it is an agreement with the property owner; 356 however, if /when the property changes hands, the city could still step in and enter into a development agreement with any new owner. Questions and answered ensued 358 pertaining to surrounding properties and whether or not those are currently located 359 within the city and /or within its ETJ ( extraterritorial jurisdiction) Mr. Miller shared more details regarding how a 212 agreement works. Following the 362 additional comments, Councilmember Fowler made a motion to extend the Development Agreement for a period of seven ( 7) years. Councilmember Townsend 364 seconded the motion, which passed unanimously of Council present ( 7 ayes to 0 nays) Discuss and consider possible honorary gesture in memory of the late 367 Barb Coleson, recognizing her contributions to the City of Rockwall, 368 including those related to the historic downtown square, and take any 369 action necessary. 370 Mayor Pruitt provided comments concerning this agenda item. He acknowledged that 371 the city does not have a lot of options for honoring people who make contributions to 372 our city. He shared that he feels the city may want to consider doing some sort of 373 permanent recognition for Barb Coleson and Claudette Hatfield to honor them for their 374 contributions. He suggested the Council may wish to consider a plaque or photo in their 375 honor, perhaps in the downtown area Councilmember Fowler suggested that the Council consider some sort of larger -scale 378 type recognition that would encompass recognition for Bard and Claudette as well as 379 other, late members of our community who have made notable contributions to our city. 380 Councilmember Fowler suggested that the City may want to consider naming the 381 Farmers Market after Barb and Claudette and then looking to do something larger and 382 more permanent for both them and others at some point in the future Councilmember Lewis shared that perhaps a " wall of honor" somewhere would be a 385 good idea to honor notable volunteers who have made notable contributions to our city Councilmember Macalik suggested that the Council may get a board or commission 388 involved in brainstorming ideas as well, like perhaps the city' s ART Commission. Mayor 389 Pruitt pointed out that the city council does have a Naming Subcommittee. General 390 indication was given that the city council will utilize the Naming Subcommittee to further 391 evaluate ideas. The Council took no formal action concerning this agenda item Discuss and consider amending the city' s Code of Ordinances to repeal 394 Ordinance # in its entirety, including any and all of its provisions, 395 which were previously adopted by the Rockwall City Council on January , 2017; directing Municipal Code Corporation and its codifier( s) to Page 8

9 397 restore these sections of the Rockwall Code back to their previous 398 condition, providing for an effective date. ( 1st reading) 399 Building Official Jeffrey Widmer came forth and shared brief, background comments 400 pertaining to this agenda item. Mayor Pruitt then read the language from a recent piece 401 of legislation that was passed by the State of Texas HB -3257: Notwithstanding any other law, a state agency or political 404 subdivision may not restrict the use or installation of a specific fuel gas 405 pipe product that is approved for use and installation by the International 406 Fuel Gas Code. To the extent of a conflict between this subchapter and 407 another law, this subchapter controls Councilmember Fowler shared that he is very displeased in the State legislature forcing a 410 city to reverse an ordinance that it put a lot of time and effort into adopting. 411 Councilmember Lewis shared that he too is dissatisfied that the State legislature passed 412 this restriction. He finds it unfortunate that they passed this legislation without taking 413 public comment. He indicated that he cannot, in good conscious, repeal this ordinance 414 since, to him, he feels it is a life safety issue, and repealing it means putting lives in 415 danger Mayor Pruitt called upon City Attorney, Frank Garza, for comment. He generally 418 indicated that if the city does not repeal this ordinance, it essentially risks having suit 419 brought against it by contractors who utilize this product and /or by manufacturers of this 420 product. Such lawsuits would be accompanied by legal fees Councilmember Townsend asked that if there is a problem with leaving the ordinance in 423 place if the city does not enforce its provisions. Mr. Garza shared that it was his 424 understanding that the intent of the legislation was not to cause a city, such as Rockwall 425 or Lubbock, that already had an ordinance like this in place, to have to repeal its 426 ordinances. However, it is clear that no exemption was adopted when this law was 427 passed Following the comments, Mayor Pruitt moved to adopt the repealing ordinance and 430 cause it have an effective date of September 1, Mayor Pro Tern Hohenshelt 431 seconded the motion. The ordinance was read as follows: CITY OF ROCKWALL 434 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, 436 AMENDING THE CODE OF ORDINANCES OF THE CITY OF ROCKWALL AS 437 PREVIOUSLY AMENDED SO AS TO REPEAL, IN ITS ENTIRETY, ORDINANCE NO , INCLUDING ANY AND ALL OF ITS PREVIOUSLY ADOPTED PROVISIONS; 439 DIRECTING MUNICIPAL CODE CORPORATION AND ITS CODIFIER(S) TO 440 RESTORE THESE SECTIONS OF THE ROCKWALL CITY CODE BACK TO THEIR 441 PREVIOUS CONDITION, PRIOR TO ORDINANCE NO BEING ADOPTED; 442 PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; 443 AND PROVIDING FOR AN EFFECTIVE DATE. 444 The motion passed by a vote of 4 in favor with 3 against (Townsend, Daniels and Lewis). Page 9

10 M Discuss and consider ( re) appointments to the city's ( advisory) boards and 447 commissions, and take any action necessary. 448 Macalik moved to reappoint David Sweet, Jane Braddock, and Kathleen Morrow to serve 449 an additional two -year term on the ART Commission ( will expire in August of 2019). 450 Councilmember Townsend seconded the motion, which passed by a vote of 7 ayes to nays Councilmember Townsend moved to reappoint Larry Denny and Ray Harton to serve an 454 additional two -year term on the Park Board ( will expire in August of 2019). Mayor Pro 455 Tern Hohenshelt seconded the motion, which passed by a vote of 7 ayes to 0 nays Councilmember Fowler moved to reappoint Mike Potter, Kellie Roby, Mark Berglund, and 458 Tom Woodruff to serve an additional two -year term on the city' s Airport Advisory Board 459 ( will expire in August 2019). Councilmember Macalik seconded the motion, which 460 passed by a vote of 7 ayes to 0 nays XIII. CITY MANAGER' S REPORT TO DISCUSS CURRENT CITY ACTIVITIES, UPCOMING MEETINGS, 463 FUTURE LEGISLATIVE ACTIVITIES, AND OTHER RELATED MATTERS Departmental Reports 466 Building Inspections Monthly Report - June Fire Marshal Division Monthly Reports - May and June GIS Division Monthly Report - June Harbor PD Monthly Report - June Internal Operations Department Monthly Report - June Meals on Wheels / Senior Services of Rockwall County Quarterly Report 472 Recreation Monthly Report - June Rockwall Animal Adoption Center - June Rockwall Fire Department Monthly - June Police Department Monthly Report- June STAR Transit Monthly Report - June City Manager's Report City Manager Rick Crowley indicated that each of the city' s departments has included 480 monthly reports in the council members' informational packet for review. He offered to 481 answer any questions of the Council. Mayor Pruitt pointed out that Mr. Kenneth Cullins 482 has been named the city' s new Fire Chief, and he will begin his new position with the City 483 of Rockwall Fire Department in September. He pointed out that he has been a volunteer 484 with the city for over twenty years. He has been well trained and has gained a lot of good 485 experience with the City of Dallas over the years. He believes he will do a fine job for the 486 City of Rockwall. The Kiwanis Club recently held their triathlon fundraising event, and it 487 was a great success. In addition, the Noon Rotary will hold its Hot Rocks- bicycle race 488 event this coming weekend in Rockwall. He pointed out that sometimes these races and 489 runs have traffic - related implications; however, he is grateful for residents who find 490 alternative routes, and he is thankful for events such as these Mr. Crowley shared that there will be opportunities for the council and others to meet Mr. Page 10

11 493 Cullins in the coming weeks, prior to him starting work with the Rockwall Fire 494 Department XIV. EXECUTIVE SESSION THE CITY OF ROCKWALL CITY COUNCIL WILL RECESS INTO EXECUTIVE SESSION TO DISCUSS 499 THE FOLLOWING MATTERS AS AUTHORIZED BY CHAPTER 551 OF THE TEXAS GOVERNMENT 500 CODE: Discussion regarding the possible joint purchase of real property for 503 transportation /municipal purposes pursuant to Section ( Real Property) Discussion regarding land acquisition in the vicinity of the downtown area pursuant to 505 Section ( Real Property) Discussion regarding ( re) appointments to city regulatory boards, commissions, and 507 committees including the Building and Standards Commission, Planning & Zoning 508 Commission, and Board of Adjustments pursuant to Section ( personnel 509 matters) Discussion regarding the appeal to the Public Utility Commission filed by the cities of 511 Garland, Mesquite, Plano and Richardson against the North Texas Municipal Water 512 District ( NTMWD) regarding water rates pursuant to Section ( Consultation with 513 Attorney) XV. RECONVENE PUBLIC MEETING & TAKE ANY ACTION AS RESULT OF EXECUTIVE SESSION Council did not reconvene in Executive Session following the close of the regular public meeting agenda. XVI. ADJOURNMENT Mayor Pruitt adjourned the meeting at 7: 04 p.m. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, THIS 215` day of Au ust, ATTEST: City Secretary = I ; SEAL. Jim Prui, Ma or A Page 11