MINUTES REGULAR CALLED MEETING HEATH CITYCOUNCIL TUESDAY, APRIL9, 2024 at 6:30 PM  ATTENDING: KELSON ELAM, MAYOR  PAUL RUFFO, MAYORI PROTEM JIM CHESTER RICH KRAUSE DONNA ROLATER BRENT WEAVER SHARON CALDWELL  ABSENT:  Mayor Kelson Elam called to order the regular meeting at 6:30 p.m. Councilwoman Donna Rolater  delivered the Invocation and led the Pledge of Allegiance.  2. Public Comment 3. Proclamations  No one signed up to speak ati the open forum.  Mayor Elam read aloud aj proclamation declaring April 2024 as National Child Abuse Awareness and Prevention Month. Present were Patricia Mejia President and Executive Director of' The Children's Advocacy Center for Rockwall County; Sandra Ownby CASA President; Suzanne Duvall - Board Member; Tahj Waker - Caseworker Supervisor; Beth Yturri - Development Manager and Chief Brandon Seery CASA Parliamentarian. The Children's Advocacy Center has now been open for full services for six years helping over 3500 families and making a difference in children's lives.  4. Consent Agenda  4.a Action Regarding the Minutes of the March 26th Regular Meeting.  MOTION: APPROVE CONSENT AGENDA, ITEM 4.a REGARDING THE MARCH 26th  COUNCIL MEETING MINUTES.  MOTION. MADE: SECONDED: APPROVED: ABSENT:  KRAUSE WEAVER CALDWELL  PASSED UNANIMOUSLY BYTHOSE PRESENT  5.a Case No. FV-2024-02: Conduct a Public Hearing and act on a Resolution granting a Variance to the Heath Code ofOrdinances, S 157.02(C), that limits fencesi in the: front yard to a maximum height of four feet (4') to permit a five foot (5') ornamental wrought iron fence on property at 1605 Smirl Drive and further described as Loti 1, Daniels Addition, City of Heath, Rockwall County, Texas. (Rockwall CAD No. 16098) Assistant City Manager. Aaron Adel stated that the applicant is asking for a fence variancet tol builda five-foot wrought iron fence in lieu of a four-foot fence. The property is located at the northwest corner of Old Ridge Road & Smirl Drive and is on 2.7 acres. Section 157.02 (C) limits fences in the front yard to a maximum height of four feet. Notice of Public Hearing was mailed to the owners of property within 500' of the subject property on March 28, 2024. Six responses were returned in favor oft the fence variance and none received in opposition. The proposed five-foot tall fence does not comply with! $1 157.02(C), which limits fences int the front yard to a maximum height of4' butt the  City Council may allow ai fence variance after aj public hearing. HEARING to receive comments regarding the request. Mayor Elam opened the public hearing at 6:42] p.m.  City Council Minutes April 9, 2024  Page 1 of4    Thomas Varughese, property owner, 1605 Smirl Drive - stated that the request for the: five-foot fence is for the safety ofl his grandchildren and pets as he plans tol build aj pool. He is afraid his grandchildren and pets can jumpi the 4-foot fence and the traffic is heavy on Smirl Drive.  Mayor Elam closed the public hearing at 6:46 p.m. Discussion and action regarding the request.  Councilman Weaver stated that the Council is pretty consistent in approving fence variances and understands ther rationalel behind thei request. CityCouncili typicalyapproves the variancei ifthei fence isl built at or behind the build line. The: fence ordinance calls for the four-foot height limit toj prevent tall fences being directly adjacent to the public domain/sidewalks. Weaver stated that even we typically support fence variances asl long as they're at or behind the 30-foot build line, ini this case he spoke in favor of the variance with the condition that the fence is built at or behind the 15-foot easement. linei to ensure sufficient room for the stacking of cars on Smirl Drive which is a state road. MOTION: APPROVE. RESOLUTION: NO. 240409AI FENCEVARIANCEAT:605SMIRL DRIVE WITH THE CONDITION THAT THE FRONT FENCE DOES NOT GO BEYOND  THE: 15-FOOT EASEMENTIINE.  MOTION MADE: SECONDED: APPROVED: ABSENT:  WEAVER MAYOR ELAM CALDWELL  PASSEDUNANNOUSAY BY THOSE: PRESENT  5.b Case No. FV-2024-03: Conduct a Public Hearing and act on a Resolution granting a Variance to the Heath Code of Ordinances, $157.05(B)(3), that requires fences to be ornamental wrought iron or tubular steel, to allow a wooden split-rail fence on property addressed 1017 Smirl Drive and further described as Lot 1, Block A, Trahan Family Farm. Addition, CityofHeath, Rockwall County, Texas. (Rockwall CADI No. 12655) Assistant City Manager. Aaron Adel stated that this property is located south of Woodbridge Creek Estates on the west side of Smirl Drive and is platted as Trahan Family Farms, a single residential lot containing 10.255 acres. The property is considered an estate lot as defined in the Fences Ordinance, $157.01. Notice of Public Hearing was mailed to the owners of property within 500' of the subject property on March 28, 2024 and one: response has been returned ini favor of the fence variance and none received in opposition. The proposed wooden split rail fence does not comply with ornamental wrought iron or tubular steel material requirements in $157.05(B)(3) and this is  the only variance requested.  HEARING to receive comments regarding the request. Mayor Elam opened the public hearing at 7:06 p.m. Mayor Elam closed the public hearing at 7:10 p.m.  Tony' Trahan, 1017 Smirl, gave background on thej property stating that this will be their forever home and hei is looking to build a fence that matches thel home and provides ai ranch-style: feel. Councilmen Krause and Weaver indicated this type of split-rail fence variance has been approved before on other large, multi-acre estates in ag-type settings and to contain farm animals. And given MOTION: APPROVE RESOLUTION NO. 240409B REGARDING Al FENCE VARIANCE  that this request is for a 10+ acre estate, this type ofi fence seems appropriate.  AT 1017 SMIRLI DRIVE. MOTION MADE: SECONDED: APPROVED: ABSENT:  KRAUSE MAYOR ELAM CALDWELL  Mayor Elam stated that this is what we want in Heath and it is going tol bel beautiful.  PASSEDI UNANIMOUSLY BY THOSE: PRESENT  City Council Minutes. April 9, 2024  Page 2of4    5.C Discussion Regarding the Budget Calendar.  Director of Finance Jay Ayers provided a calendar of dates for the budget process. The plan will be tol hold two budget workshops on June 28 and July 30 and hold a third one if needed. The first reading and public hearing will be on September 10 and the second reading and public hearing on September 24. Ayers proudly announced that by December 31, the Finance Department plans to finalized a five-year CIP document with the assistance of the new software OpenGov to assist with this process. There are plans to increase the CIP Committee by adding some City Council and Park Board members to discuss future CIP projects. Weaver clarified that although the Rockwall Central Appraisal District appraisals came back flat, the Cityl has effectively already flattened appraisals for the last five years in a row, as appraisals have been up, Heath reduced the tax rate by the corresponding amount to flatten out thet taxes. This has been this City Council's policy all along. 5.d Discussion Regarding the. Annual Report ofthe Architectural Review Board for calendar Assistant City Manager. Aaron. Adel stated that the Architectural Review Board met twice to craft the annual report for the City Council. This is ai function we. have not done in the past but willl be doing this once a year moving forward. In 2023, the. ARB: reviewed six cases and: received training from the City Attorney to clarify the board's duties as enabled by the Heath Code of Ordinances. The actions the board took in 2023, and subsequent actions of the Planning and Zoning Commission and City Council are discussed ini the report. The board offers nine: recommendations for improving the city's plans, policies, ordinances, and procedures. The ARB wishes to emphasize its desire to move in unison with and support the vision oft the city council. Thel board asks thati the work: sessions continue and conveys aj particular interest in using a future Joint Work Session to discuss how to apply the Towne Center Overlay District regulations. The board has also recommended ai text amendment for the ordinances that would allow special consideration on parking for historic properties on small lots. The Architectural Review Board members are Chairman, Greg Ramey, Richard Anderson, Suzanne Howland, Douglas Hartman, Thomas Smith, Jason Thompson, Robert Farquharson and  year 2023.  two alternates, Harriet Anderson and Nathan Goodnight.  6. Council/City Manager Comments isi ini the process ofhiring a Senior Planner.  City Manager Kevin Lasher announced thej promotion of Aaron Adeli to. Assistant City Manager and  7. Executive Session  At7 7:33 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 oft the State BarofTexas clearlyconflictsv with this chapter, regarding: 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 of the State Bar of Texas clearly conflicts with this chapter, regarding: (i) zoning and platting standards, Local Government Code shot clock, and Trilogy final plat; and (i) Trilogy development in McLendon- Chisholm cityl limits and extraterritorial jurisdiction; and Section 551.071: Consultation with. Attorney regarding pending or contemplated litigation or settlement offer regarding: (i) MC Trilogy Texas, LLC V. City of Heath, et al., Cause No. 3:22-CV-02154-D; (ii) City of Heath V. Melendon-Chisholm, Cause No.1-22-1204; (ini) North Texas Municipal Water District V. City of Heath, Cause. No.1 1-22-0704; and At 8:28 p.m, Mayor Elam closed Executive Session and reconvened the meeting into open session  (iv) O'Mara, et al V.' Tausendfreund, et al, Cause No. 1-22-1361. stating that no action was taken in the Executive Session.  City Council Minutes April 9, 2024  Page 3of4    Mayor Elam adjourned the meeting at 8:28 p.m.  APPROVED: Ok KELSON: ELAM MAYOR  ATTEST:  NORMA DUNCAN CITY SECRETARY  Vbher  OF  9  59  ATEOF  City Council Minutes April 9, 2024  Page 40 of4