MINUTES REGULAR CALLED MEETING HEATH CITYCOUNCIL TUESDAY, JUNE 11, 2024 at 6:30 PM  ATTENDING: JEREMIAH: MCCLURE, MAYOR  SHARON CALDWELL SCOTT DODSON RICH KRAUSE RYAN MOORMAN BRENTWEAVER  ABSENT: PAULI RUFFO, MAYOR PRO' TEM  MayorJeremiah McClure called to ordert the Regular meeting at 6:32 p.m. Councilman Krause delivered Mayor McClure announced that the item regarding the Toll Brothers presentation was tabled by the Commission at the Planning & Zoning Meeting on Tuesday. June. 4, 2024 and will bel heard again by the  the Invocation and led the Pledge of Allegiance.  Commission at their. July 2, 2024 Planning & Zoning Meeting.  2. Public Comment  Joe Erwin, 108 Gordon Circle - expressed his frustration regarding the Hubbard Drive Project, Phase III and stated there is little communication and also opposes the plan that will destroy 40- Roy Heath, 205 James Drive - welcomed the new council members and stated that he believes that the change in seats was due to the water crisis and not because the residents want a change ini the city's direction. He wishes to see: a balanced development that takes ini mind the goals that wel have ofmaintaining largel lot sizes and highquallyopstrnuction, Heath's concern is also with thei traffic issues on Laurence Drive near the' Tom' Thumb and asked the City to review this area.  year-old trees.  3. Consent Agenda  3.a Action Regarding the Minutes oft the May 28, 2024 Regular Meeting.  3.b Action Regarding an Ordinance Revising, Amending, Restating, Codifying and Compiling 3.C Action Regarding a Resolution Accepting the Report from the Independent Auditor and the Audited Financial Statements for the Fiscal Year Ending September 30, 2023 and providing MOTION:APPROVECONSENTAGENDA, ITEMS3.al REGARDINGTHE MAY28, 2024 MINUTES, 3DAPPROVINGORDINANCE) NO. 240611A CODIFYINGTHE 2023 CODE OF ORDINANCES AND 3.c APPROVING RESOLUTION NO. 240611A AUDITED  Existing Code of Ordinances 2023. (N. Duncan)  an effective date. (J.Ayers)  FINANCIALSTATEMENTFORFISCAL YEAR 2023-24.  MOTION MADE: SECONDED: APPROVED: ABSTAINED: ABSENT:  WEAVER DODSON RUFFO  PASSED UNANIMOUSLY BY' THOSE PRESENT  CALDWELL, KRAUSE (abstained re:3.a, absent at May 28th meeting)  4.a Case No. FP-2024-07: Consider: and act on the Final PlatofH. Michel Gibson Estates, ai two-lot residential subdivision in the City ofHeath Extraterritorial Jurisdiction on 39.989 acres of property addressed 20724 FM 740 and further described as Owen Slaughter Survey, Abstract: No. 461 and 240,. Joshua Canter Survey, Kaufman County and Rockwall County, Texas. (Kaufman CAD 13297,3 3730, and 56920; Rockwall CAD  13297K, 3730K, and 56920K). Cily Council Minutes June 11, 2024  Page Iof6    Assistant City Manager. Aaron. Adel stated that thisitem was foral Final Plat oft the H: Michel Gibson Estates located in the City of Heath Extraterritorial Jurisdiction and is not assigned to a zoning district. The applicant requests the plat to facilitate the construction of a house. The applicant signed a Development. Agreement indicating the City will not involuntarily annex, provided 1. the property may not be subdivided into parts smaller than three developable acres, 2. Allowed: Ag, wildlife, timber, residences, home occupations, accessory uses..., 3. No Special Districts (PIDs, MUDs), The city enforces all building codes, permits, inspections, sub regs, and ift the property is annexed in the future, it may be developed at one unit per developable acre. This density is compatible with the SF-43 District. Therefore, plati is reviewed for compliance with the SF-43 area regulations. The property is made up of three tracts: Tract 13297 is 31.2 acres, Tract 3730 is 0.5 acres, and Tract 56920 is 8.2 acres. The applicant would like to divide the property into two lots: Lot1:35.414: acres and Lot 2: 4-575 acres. Access isf from FM 1740,aTreescape) Plan willl bei reviewed with the building permit, the property will be served by OSSF, water is provided by Forney Lake Water Supply Corporation and grading and drainage plans will be reviewed with the building permit application. The plat conforms to the Comprehensive Plan's Future Land Use Plan that shows Rural Estates uses planned in the ETJ and conforms to the Development Agreement. The Ordinance Compliance Matrix compares the final plat to (SF-43) requirements and Subdivision Regulations. There were three non-compliance notes on the Matrix in the P&Z packets. All three oft these are corrected on the resubmittal received after the packets were distributed. Per Section 158.11, applicant must provide an amended letter from Forney Lake Water Supply Corporation stating they can provide sufficient water pressure and volume for domestic use and firej protection. Per state law, plat review is a ministerial function. The Council's motion must be either to: Approve, Approve with Conditions, or deny with reasons. Staff notes no conditions to specify. On June 4th, with a unanimous vote, the Planning and Zoning Commission recommended approval with the following condition: Before the plat is signed by the city and per Section 158.11 of the Subdivision Regulations, the applicant must provide an amended letter from Forney Lake Water Supply Corp (FLWSC) stating that the Water Supply Corporation can provide sufficient water Applicant, Michel Gibson stated that his plan ist todividei thej propertyinto twol lots, sol his daughter can build a home on the second lot and was hoping to get a water flow confirmation letter from FLWSCbut) has discovered that FLWSC does notl have flow data and cannot; give thel letter. Gibson asked the Council to waive this requirement since FLWSC cannot provide this information and stated that he would add water sprinklers tot the new construction. Councilman Weaveri indicated that this application represents the scenario for which the Development Agreements were written and meant toj protect this rural ETJ area from undesirable high-density development while at the same time giving the property owners the right to carve out large estate lots, but was concerned about FLWSC's inability to confirm adequate fire flow. Council concurred with the concern and discussed various possible solutionsi to address fire flow requirements. Present to discuss fire flow were City Engineer Richard Dormier, Fire Marshal Brandon Peterson, Chief Brandon Seery and Building Official Leisa Price. City Attorney Marie Johnson stated that the applicant can request an extension oft the City Council's decision on thei final plat by providing a written request fora30- day extension of30 days toi the shot clock deadline. The applicant provided the written request for 30-day extension. The item will then bel heard at the July 9, 2024 City Council Meeting. MOTION: ACCEPT THE WRITTEN REQUEST FROM THE APPLICATION FOR AN  pressure and volume for domestic use: and fire protection.  EXTENSION FROM SHOT CLOCK.  MOTION MADE: SECONDED: APPROVED: ABSENT:  CALDWELL KRAUSE RUFFO  PASSED UNANIMOUSLY BYTHOSE PRESENT  4.b Case No. FV-2024-04: Conduct a Public Hearing and act on a Resolution granting a Variance to the Heath Code ofOrdinances, S 157.02(C), that limits fences in thei front yard to a maximum height of four feet (4) to permit a five foot (5) ornamental wrought iron fence on property on FM 1140 also known as Smirl Drive, south of Twinview Road, adjacent to Moraine Way, and further described as Lot 1, Zahm Addition, CityofHeath, Rockwall County, Texas. (Rockwall CADI No. 12822).  Cily Council Minutes - June 11, 2024  Page 2of6    Assistant City Manager. Aaron. Adel that this propertyi is 2.46 acres located north ofThe Moraine: and south ofTwin View Estates on the west side of Smirl. The application describes the requested Fence Variance to Section 157.02 (C) and limits fences in the front yard toi four feet and this request is fora five-foot fence. The Zahm Addition final plat of this property dedicates 10.3' ofl ROW. $157.02 (A& B) allows compliant fences on the front property line outside any sight triangle. This will place the fence 25' from the edge of pavement, consistent with the closest fence on the west side of Smirl. Notice ofl Public Hearing was mailed toi neighbors and twoi responses were received, one in favora and one in opposition ofthe variance. The proposed five-footi tall fence does not comply with $157.02(C), which limits fences in the front yard to a maximum height of 4, therefore, a variance ofc one-footi is required. The location and construction materials comply with the Fence Ordinance. Mayor McClure stated that this Public Hearing was opened at thel last meeting and was continued to tonight's meeting. The Mayor continued thel Public Hearing at 7:45] p.m. and no one was present to speak regarding this request, Mayor McClure closed the public hearing at 7:46 p.m. The Council continued discussion and concluded that the applicant should provide a more detailed plan sO that Council can review related issues including gate placement and set-back, etc. MOTIONTO1 TABLE ITEM TOTHEJULY 9, 2024 CITY COUNCILMEETING.  HEARING to receive comments regarding the request.  Discussion and action regarding the request.  MOTION: MADE: SECONDED: APPROVED: ABSENT:  KRAUSE CALDWELL RUFFO  PASSED UNANIMOUSLY BYTHOSE PRESENT  4.c Case No. CUP-2024-03: Conduct a Public Hearing and act on a Conditional Use Permit to allow the construction of a 2,981 square foot gatehouse, resulting in a Combined Floor Area for All Accessory Buildings of 8,323 square feet and exceeding the Maximum Combined Floor Area forAllAccessory. Buildingsof6,500: square feetallowedint the Heath Code of Ordinances, 159.20(B)(7) on 20.18 acres of land in the (A) Agricultural District, addressed 7229 FM 549, and further described as Abstract 231, A. Rodriquez Survey, Tract 12-9, City ofHeath, Rockwall County, Texas. (Rockwall CADNo. 71735). Assistant City Manager Aaron Adel stated that this property is on 20.19 acres in the Agricultural District and the estate consists of a main residence and an accessory gym/water well equipment/solar equipment building. The request is for a guard building measuring 2,981 SF with 974 SF HVAC enclosed space and 2,007 SF outdoor covered spaces that include parking, portico, breezeways and porch. The area calculation for accessory building applies to all area under roof, including porches and covered spaces, which totals 8323 square feet and exceeds the 6500 square foot limit. Whereas the total enclosed area of all accessory buildings is 5370 SF and does not exceed 6500 square feet. The entire Beaman Estates ist two tracts, one 20.19 and the second 14.89 for a total of35.08 acres. The main residence is 14,731 SF and located at 7229 FM549. The Gym/Well/Solar building is 5.342 SF.At 7235 FM 549, the residence is 8,491 SF, metal building is 2,814 SF and the Pool House is 1,752 SF, and total 33,130 SF for all structures. The proposed gated entry guard building adds 9%1 tot the existing total SF. The enclosed portion ofthe guard building of974 SF equals adds 3% oft the existing SF. Notices were mailed to neighbors within 500 feet oft the property and six responses were returned, four in favor and two in opposition. The request complies with the Comprehensive Plan Future Land Use Map. The proposed guard building does not comply with the Maximum Combined Floor. Area for All Accessory Buildings of6 6,500 SF for aj property oft this size as allowed in the Heath Code of Ordinances, $159.20(B)(7). A variance of 1,823 SF is required. The schedule ofa accessory structure regulations in the Ag District only increases incrementally up to ten acres. Thei request conforms to all other accessory: structure: requirementsins 159.20(A/Agricultural District. $159.20(C)(7) allows accessory buildings that do not meet the Agricultural District  regulations tol be authorized by a Conditional Use Permit. HEARING to receive comments regarding the request. Mayor McClure opened the public hearing at 8:171 p.m.  City Council Minutes June 11, 2024  Page 3of6    Roy Heath, 205 James Drive encouraged the council to approve the CUP: stating that accessory building requests such as this on larger lots, are a waste of time for everyone and are really not necessary for these larger properties and recommended staff reconsider expanding the range of  allowable footage for larger properties. Mayor McClure closed the public hearing at 8:191 p.m. Discussion and action regarding the request.  Applicant Darren Mabrey, Mabry Custom Homes, 9880 Ridge Road was present on behalf of the Beaman Family and answered council questions. Councilman Weaver reiterated that the area calculation for accessory buildings includes allareas under roof, including porches and overhangs, inj part to account for the possibility of those areas become enclosed by the property owner after the fact. However, in the case of this proposed guard building, the vast majority of the area is either covered parking or covered driveway with little to no risk ofl becoming enclosed space ini the future. Therefore Weaver generally spoke in support of the request given the size of the land and the fact that the total enclosed area is substantially less than the 6500 square foot limit. Weaver also reiterated that the proposed building does not contain full bathroom facilities, onlya toilet and sink for the, guard, nor does it contain kitchen facilities sO there is minimal risk ofl becoming a dwelling. But his concern was with the building's setback that appears to be aligned with the fence line ofthe neighboring development and should be pushed back to the rear build line of the neighboring properties toj provide aesthetic continuity. His concerns were when FM549 is widened, this structure would be much closer to the street than the adjacent structures. His recommendation was pushing itl back tol be in line with the rear setback lines of the adjacent development sO we have structure aligned with structure and not structure aligned with neighboring fences. The applicant confirmed there would be nol living or sleeping quarters in the building and confirmed it would never become a dwelling. The Planning and Zoning Commission considered this case on June 4, 2024, and recommended denial with a 4:2 vote. Commissioners Harry Heinkele and Joe Ruszkiewicz voted in favor of the guard building as presented and against denial. Chair' Tunnel and Commissioners Shaw, Thomas, and Rask voted against the application as presented and in favor of denial. The reasons  cited for recommending denial were: Concern about setting aj precedent,  Concern that accessory structures could be converted into accessory dwellings, Proximity oft the guard building to the FM 549 right-of-way, and  Encouragement toj pursue platting the property in a manner that would eliminate the need fora Following the P&Z Commission meeting, the staff determined that platting could not eliminate Accessory structures must be on a lot with an existing primary structure/esidence. Adding the 2,981 SF guard building to the existing/permitted accessory building area on either  variance. the need fora CUP. lot will exceed 6,500 SF. MOTION MADE: Motion dies for lack of a second.  MOTIONTO. APPROVETO. APPROVEASIS.  MOORMAN  The Council and applicant continued to discuss the setbacks and clarified that the neighboring Ridge Lakes rear structure setback would be approximately aligned with the proposed structure since the structure is 10 feet behind the fence line which is aligned with Ridge Lakes fence line. The rears yard setback for Ridge Lakes is about 25 feet from the property line but their fence line is also set back 10-15 feet from their property line to account for the future widening of FM549, sO those structures are approximately 10 feet behind the fence line the: same as the requested structure.  MOTION: APPROVETOAPPROVEASIS.  MOTION MADE: SECONDED: City Council Minutes- -June 11, 2024  KRAUSE DODSON  Page 4of6    AMENDED MOTION: APPROVE WITH THE STIPULATION THAT THE GUARD  STRUCTURE WILLNOT BEALLOWABLETOBEAI RESIDENCE.  MOTION: MADE: SECONDED: APPROVED: ABSENT:  KRAUSE DODSON RUFFO  PASSED UNANIMOUSLY BYTHOSE PRESENT  4.d Case No. FV-2024-05: Conduct a Public Hearing and act on a Fence Variance to S 157.03 and S 157.05 ofthe Heath Code of Ordinances to allow the construction ofa a fence measuring 468 feet in length, of which 179 feet will be a solid wall, with the remaining 289 feet being wrought iron fence panels. The total open area per linear foot will be 62% rather than the 75% total open area per linear foot required by the Ordinance. The total property area is 33-57 acres in the (A) Agricultural District, addressed 7229 and 7235 FM 549, and further described as Abstract 231, A. Rodriquez Survey, Tracts 12-9 and 12-4, City of Heath, Rockwall County, Texas. Assistant City Manager Aaron Adel stated that the applicant has requested a Fence Variance to Section 157.03 pertaining to Agricultural Areas and Section 157.05 pertaining to Estate Lots to allowa4 468-foot fence. 179 feet willl be as solid wall and thei remaining 2891 feet willl be wroughtiron fence panels. The total open area per linear foot will 54.25% rather than the 75%1 total open area per linear foot required by the Ordinance. The applicant provided two option drawings: Option A is the subject of the variance and provides a combined area of 54.25% open area. The goals of the proposed design are to complement the scale of the estate's 35 acres and 33,000+ square feet ofstructures, to integrate withi the gated entry guard building, toi increase security, and to provide noise reduction. Applicants prefers this one and has asked a variance for this option explaining that the 468-foot fence would include 179 feet of solid wall and 289 feet ofa a combination of columns and wrought iron panels. This proposed Option A does not comply with $157.03 and $157.05 of the City of Heath Code of Ordinances, that requires 75% Option B isi the subject ofa an approved fence permit that provides a compliant 77% open area and includes ornamental wrought iron panels inserted into sections of the wall.. Applicant has Notifications posted as 62% total open area per linear foot were sent out to neighbors. The applicant has since fine-tuned the plan resulting in a reduction of open from 62%1 to 54.25% area  (Rockwall CAD No. 71735 and 53084).  total open area per linear foot SO a request for a variance is required.  active permit for this Option B.  but an increase ini the amount oflandscape material. HEARING to receive comments regarding the request. Mayor McClure opened the public hearing at 8:58 p.m.  Paul Nicholson, Estate Manager for the Beaman family, 405 North Branon Street, Rockwall stated that the Beaman Family would have to make any decisions regarding staying with Option. A at 62% open area or renotifying for ai new Public Hearing for 54.25%openarea.  Mayor McClure closed the public hearing at 9:00 p.m. Discussion and action regarding the request.  The Mayor expressed concern on acting ont the current request because the publicnotification was presented as 62%1 transparency) yet the applicant's request isI now actually for 54.25% transparency and the 54.25% does not comply with the notifications mailed out. The City notified the public for a public hearing for more open area and wished to be mindful oft those receiving notifications. City Attorney Marie Johnson recommended renotifying for 54.25% open area. Councilman Weaver reiterated fort thei record that associated guard building on thej previous agenda item would not be a residence and he supported the building, but has an issue with the solid wall fence that would look like a compound. The ordinance is written to prevent the aesthetics ofai fence looking  like a compound.  Cily Council Minutes -J June 11, 2024  Page 5of6    MOTION TO RENOTIFY THE SURROUNDING NEIGHBORS OF THE AMENDED OPEN SPACE ON THE FENCE VARIANCE FOR A PUBLIC HEARING AT A LATER  COUNCILMEETING. MOTION MADE: SECONDED: APPROVED: ABSENT:  DODSON MOORMAN RUFFO  PASSED UNANIMOUSLY BY THOSE PRESENT  5. Council/City Manager Comments  City Manager Kevin Lasher reminded the public that the City Hall offices will be closed on. June 19th in observation of. Juneteenth Day. Also, the City of] Heath will celebrate Freedom on July 4thatt the annual parade and the opening ceremony honoring our veterans and active military will take place at 9:00 a.m. ini front of City Hall, there is no entrance: feel but you will: need to register on the city website. You may also order 2024 patriotic swag by. June 23. The reenactment of watering restrictions will soon be upon us and will be on a future agenda item with updates on how the city will handle and enforce. Waste Connections will extend its brush cleanup efforts due to mechanical issue on some trucks and  the 50% of thei fees will continue tol be subsidized until the cleanup is complete.  6. Executive Session  At 9:11 p.m., Mayor McClure recessed the meeting to Executive Session (closed meeting) stating that in accordance with Texas Government Code Chapter 551, Subchapter D, the City Council recessed into Executive Session (closed meeting) to discuss the following: Section 551.071: Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct oft the State Bar ofTexas clearly conflicts with this chapter, regarding: (i) zoning and platting standards, Local Government Code shot clock, and Trilogy final plat; (ii) Trilogy development in Mclendon-Chisholm city limits and extraterritorial jurisdiction; and (iii) North Texas Municipal Water District easement and tree mitigation; and Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offer regarding: () MCTrilogy' Texas, LLCV. City of Heath, et al., Cause No. 3:22-CV-02154-D; (ii) City of Heath V. Melendon-Chisholm, Cause No. 1-22- 1204; and (iri) North Texas Municipal Water District V. City of Heath, Cause No. 1-22-0704. In accordance with Texas Government Code, Chapter 551, Mayor McClure closed Executive Session and reconvened the meeting into open session at 9:51 p.m. stating that no action was taken in the  Executive Session.  Mayor McClure adjourned the meeting at 9:52 p.m.  APPROVED:  NORMA DUNCAN CITY SECRETARY  Tda  OF HEA  OR  RL  59  CT  City Council Minutes- June 11, 2024  Page 6 of6