MINUTES REGULAR CALLED MEETING HEATH CITY COUNCIL TUESDAY, APRIL: 23, 2024 at 6:30 PM ATTENDING: KELSON: ELAM, MAYOR PAULRUFFO, MAYORPROTEM SHARON CALDWELL JIM CHESTER DONNA ROLATER BRENT WEAVER RICH KRAUSE ABSENT: Mayor Kelson Elam called to order the Regular meeting at 6:30 p.m. Counciman Jim Chester delivered the Invocation and led the Pledge of Allegiance. No one: signed up to speak at the open forum. 2. Public Comment 3. Consent Agenda 3.a Action Regarding the Minutes of the April 9, 2024, Regular Meeting. MOTION: APPROVE CONSENT. AGENDA, ITEMS. 4.a REGARDING MINUTES. MOTION. MADE: SECONDED: APPROVED: ABSENT: CHESTER RUFFO KRAUSE PASSED UNANIMOUSLY BYTHOSE PRESENT 4.a Discussion Regarding an update on the Alternate Water Source Study, Water Conservation efforts for the City, and the Maintenance Study and Repairs of Water City Engineer Richard Dormier provided an update regarding the Water Study stating that last month, the North' Texas Municipal Water District'sWater Committee held ai meeting and reviewed our application to become a member city. We provided additional information regarding water usage for the draft contract. Dormier also provided an update to the maintenance on the PumpStation stating that the motor has been installed and the materials have been ordered to convert over the 200 hp pump to a; 300 hp pump and expected completion is. June. We will then have three individual pumps that can give us more water than we are allotted. Director of Public Works Bryan Creed provided an update regarding the water meters installation, stating that the project includes 3,200 meters change out to AMI, and to date, we are at 54% complete. We are 4.b Case No. FP-2024-02: Consider and make a recommendation on the Final Plat of Spartan Farms Addition containing one lot in the (A). Agricultural District on 47-38 acres addressed 550 McDonald Road and further described as the A. Rodriguez Survey, Abstract 231, on the west side of McDonald Road, located between the Assistant City Manager Aaron Adel stated that this item was for a Final Plat of Spartan Farms Addition located at 550 McDonald Road for a single lot estate Residential of 47 acres. Primary access is from King Fisher Lane. A Treescape Plan will be reviewed with the building permit. The property is already served with City of Heath water and will utilize OSSF for sewer. Grading and drainage plans will be reviewed with the building permit. Fees-in-Lieu of Parkland Dedication $2,246.94, Park Development Fee $1,293.19 for a total park fees of $3,540.13. The Commission considered this plat on. April 2 and unanimously recommended approval. The final plat conforms Pump Station in Rockwall. expecting to get actual readings coming through in June. Stoneleigh and Falcon Point subdivisions. (Rockwall CAD. 45849). City Council Minutes- - Apri/23,2024 Page 1of4 to the (A) Agricultural District zoning regulations and the Subdivision Regulations and also conforms to the Future Land Use Plan designation of Rural Estates. Per state law, plat reviewisa a ministerial function and the motion must be either to: Approve, Approve with Conditions citing specific statutes or ordinance sections, or deny with reasons citing specific statutes or ordinance sections and the staffdoes not identify any conditions. When the recorded copy of the filed plati is returned to city hall, the applicant can begin the building permit process. Per $ 158.07 (G), the approved final plat expires 365 days after approval if not filed with the County. The ordinance provides for extensions. Applicant and property owner, Trevor Bachmeyer, 1513 Shady Grove Circle, Rockwall, TX, was present. Councilman Weaver stated this ist the best possible outcome for this] propertyand commended the applicant. Theapplicant clarified that the access to this] property ist through King Fisher instead of McDonald Road because it is a shorter driveway and more convenient and easier access for the fire engine. Mayor Elam said welcome to Heath and it is going MOTION: APPROVE FINAL PLAT OF SPARTAN FARMS ADDITION LOCATED AT tol be amazing. 550 MCDONALD ROAD. MOTION. MADE: SECONDED: APPROVED: ABSENT: WEAVER CALDWELL KRAUSE PASSEDI UNANIMOUSLY BY' THOSE PRESENT 4.c Case No. SP-2024-01: Consider and make a recommendation on the Site Plan for the ClearSky Rehabilitation Hospital of Rockwall, a 42,700 square foot physical rehabilitation hospitalincluding36, private beds and associated: rehabilitation spaces on one floor on property zoned (PD-LR) addressed 25 Hope Drive, and further described as Lots 1 and 2, Block D, Cobblestone Farms Phase Two, City of Heath, Assistant City Manager Aaron Adel stated that this item was for a Site Plan for the ClearSky Rehabilitation Hospital of Rockwall County to be addressed at 25 Hope Drive in Heath. The applicant, Robert George, AIA, LEED AP Principal with Dexket/Pench/Sabatin Ltd, 3110 North Central Drive, Pheonix, AZ, was present and provided an extensive 3D model presentation and stated that the facility will be a one-story building, 42,700 SF Physical Rehabilitation Hospital containing 36 private beds. The hospital will attend to people who have had Orthopedic type surgeries, brain injuries, strokes and accidents and will help bring people back to where they were before. The applicant stated that this Heath facilitywill bei the 60th] hospital that theyl havel built over the past 20 years all over the U.S. and will be the eighth one in Texas. It's a great asset to the communityl byaddingj jobs and relieving hospitals fort these patients. These rehab. hospitals typically stay 85% full. George provided a detailed rundown of thei facility and answered Council questions. Councilman Weaver commented regarding the lighting plan stating that we are at 60,900 lumens per acre on the parking lot area which is just over the threshold of 60,000 lumens and a total of 353,000 lumens across the entire 5.8 acres ofl lighted area. Weaver thanked the applicant for closing the geographically gaps in regional rehab facilities and concluded that this is going to be a great facility and asset to our city. Weaver asked if there were any limits on maximum building size indicated ini this PD or its base zoning? City. Attorney Marie Johnston clarified that this PDi is very old from 2006 and does not have base zoning. Ifal PD is silent then the base zoning prevails. The underlining base zoning does not exist. The PD also does not mention building size sO there is no restriction since the PD cannot default to the base zoning. The PD: is veryo old andj proper language is not there. Mayor Pro Tem Ruffo stated he was in support of the request and gave kudos to the MOTION: APPROVE THE SITE PLAN FOR THE CLEARSKY REHABILITATION HOSPITAL OF ROCKWALL WITH THE CONDITION TO ADD THE SAME WHITE Rockwall County, Texas (Rockwall CAD ID No. 71442). applicant for their parking plan. VINYLCODING FENCINGTO: SCREEN' THE. DELIVERY ENTRANCE. City Council Minutes - April23,2024 Page 20 of4 MOTION. MADE: SECONDED: APPROVED: ABSENT: RUFFO ROLATER KRAUSE PASSED UNANIMOUSLY BYTHOSE PRESENT 4.d Case No. CUP-2024-02: Conduct a Public Hearing and make a recommendation on an application for a Conditional Use Permit as required by the Heath Code of Ordinances, $ 159.21(B)(14) to allow an existing detached residential garage constructed without a building permit in the (SF-43) Single Family Residential Districton; 3.611 acres ofland addressed as 4632 FM 550 and further described as Lot Assistant City Manager. Aaron. Adel stated that this item was for a Conditional Use Permit to allow an existing detached residential garage located at 4632 FM. 550 that was constructed without a building permit. Notices of Public Hearing were mailed on March 22nd and six responses were received in favor and zero received in opposition. All detached garages in the (SF-43) District require a CUP and the use complies with the Comprehensive Plan Future Land Use Map. The structure conforms to the accessory structure requirements in $159.21 demonstrated in the Ordinance Compliance Matrix. .Adel: asked the Council toi recess into Executive Sessioni forattorney comments regarding this case and stated that discussion and action would continue out of Executive Session and in open session. Applicant Justin Graves was not present. At 7:12 p.m., Mayor Elam 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 ofthe State Bar ofTexas clearly conflicts withi this 1,1 Block. A, Graves Addition, City of Heath, Rockwall County, Texas. Executive Session chapter, regarding Case No. CUP-2024-02. Reconvene into Open Session Ina accordance with' Texas Government Code, Chapter 551, Mayor Elam closed Executive Session and reconvened the meeting into open session at 7:30 p.m. stating that no action was taken in the Mayor Pro Tem Paul Ruffo clarified that the propertyis on 3.6 acres zone SF-43 and three accessory MOTION: APPROVE CONDITIONAL USE PERMIT TO ALLOW AN EXISTING DETACHED RESIDENTIALGARAGES SUBJECTTOTOTHEAPPLICANTOBTAININGAND Executive Session. structures with a combined area of3 3500 sq feet are allowed. PAYING FORABUILDING PERMIT WITHIIN 90 DAYS. HEARING to receive comments regarding the request. request, Mayor Elam closed the public hearing at7:31p p.m. MOTION: MADE: SECONDED: CHESTER MAYOR ELAM Mayor Elam opened the public hearing at 7:31 p.m. and no one present to speak regarding this APPROVED: ABSENT: PASSED UNANIMOUSLY BYTHOSE PRESENT KRAUSE 5. Council/City Manager Comments City Manager Kevin Lasher apologized for his absence and had no announcements to: report. City Council Minutes - April 23,2024 Page. 3of4 6.1 Executive Session At7:33 p.m., Mayor Elam 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 ofthe State Bar ofTexas clearlyconflicts withi this chapter, regarding: (i) zoning and platting standards, Local Government Code shot clock, and Trilogy final plat; (ii) Trilogy development in Melendon-Chisholm city limits and extraterritorial jurisdiction. Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offer regarding: (i) MCTrilogy' Texas, LLCv.CityofHeath, et al., Causel No. rn-D.0OCgefiaa V. Mclendon-Chisho.m, CauseN0.1-22-1204; (iii). North' Texas Municipal Water District V. City of Heath, Cause No. 1-22-0704; and (iv) O'Mara, et al V. Tausendfreund, et al, Cause No. 1-22-1361. Reconvene into Open Session Ina accordance with' Texas Government Code, Chapter 551, Mayor Elam closed Executive Session and reconvened the meeting into open session at 8:03 p.m. stating that no action was taken in the Mayor Elam stated that this meeting was Council members Jim Chester and Donna Rolater's last meeting asi they were not seeking re-election. Elam thanked Chestera and Rolater fort their service and commitment tot the city during their terms. Counciman Chester stated' "Icannot imageal better group of people to serve with, we don't get paid, we do this because we love this town and our neighbors. We always try to doi the right thing and every decision is driven by what we think is good for the city. We have no personal interest". Chester thanked the Council and especially the Mayor "who takes a lot ofarrows". Council member Donna Rolater stated "it has been a pleasure working with each of you and all the decisions have always been made to benefit the citizens. We made a lot of Executive Session. accomplishments in thel last 7years". Mayor Elam adjourned the meeting at 8:06 p.m. R hvin NORMA: DUNCAN CITY; SECRETARY MAYOR OF HEA 59 TEOF City Council Minutes - April23,2024 Page 4 of4