MINUTES REGULAR CALLED MEETING HEATH CITY COUNCIL TUESDAYJANUARY2S. 2024 at 6:30 PM  ATTENDING: KELSON ELAM, MAYOR  PAUL RUFFO, MAYOR PROTEM SHARON CALDWELL JIM CHESTER DONNA ROLATER BRENTWEAVER RICH KRAUSE  ABSENT:  Mayor Kelson Elam called to order the Regular meeting at 6:30 p.m. Councilwoman Caldwell delivered  the Invocation and led the Pledge of Allegiance.  2. Public Comment 3. Consent Agenda  No one signed upi to speak ati the open forum.  3.a Action Regarding the Minutes oft the. January 9, 2024 Regular Meeting.  MOTION: APPROVE CONSENT AGENDA REGARDING THE JANUARY 9, 2024  MEETING MINUTES. MOTION MADE: SECONDED: APPROVED: ABSENT:  CHESTER RUFFO KRAUSE  PASSEDUNANINOUSLY BYTHOSE: PRESENT  4. Discussion and Action Item regarding the Buffalo Creek Interceptor System to consider a request from the City of Forney. The request is for the City of Forney to sponsor the City of] Mesquite for a Mesquite sewer customer in the Mesquite ETJ for City Engineer Richard Dormier stated that the Buffalo Creek Interceptor System consists of a partnership between the Cities of Rockwall, Heath, and Forney to provide sanitary sewer service to their citizens for treatment of wastewater at the South Mesquite waste water treatment plant (WWTP). The system currently consists of a gravity sewer line from the Rockwall city limits at Horizon Road along Buffalo Creek through Heath and Forney to the Mesquite ETJ where a lift station pumps the wastewater tot the South Mesquite WWTP.This partnership was created through NTMWD in the 2004 timeframe. Shortly after creation of the partnership, each of the member cities added additional areas to be served by each city. Rockwall agreed to sponsor a limited number ofj personsi in Mclendon-Chsholm, Heath sponsored the Travis Ranch developmentin the Dallas and Heath ETJ's, and Forney sponsored the Devonshire Development in the Dallas ETJ. Since then, Forney has requested two amendments to their service area; first to alter the boundary of the Devonshire agreement and a second to add the new North Forney High School through the Devonshire Development. Forney has been approached by the City of Mesquite to sponsor a 942-lot subdivision in the Mesquite ETJ between Mesquite and Forney. The development is located on the south end of the Buffalo Creek Interceptor System and will not be allowed to connect to the existing or proposed gravity sewer lines serving Rockwall, Heath, or Forney. The new development will connect directly to the existing lift station and Forney will include the new development flows in their flow numbers. Forney will contract with the City of Mesquite if this request is approved. Since the Interceptor partnership requires each participant  service into the Buffalo Creek Interceptor System.  City Council Minutes - Jamuary23,2024  Pagelofs    toj pay their percentage of flow for the entire system cost, if this request is approved, Forney will pick up a higher percentage of the existing and future gravity lines constructed in Buffalo Creek without this request adding anyi flowt tothat portion ofthesystem. Theywill also paya a higher share oft the cost oft the existing and future lift stations tol be constructed ini the next few years. Thei future lift station willl be required even ifthis request is not approved. This will eliminate the construction of a new WWTP in the Mesquite ETJ. The percentage of Forney will slightly increase, slightly reducing the percentages of Heath and Rockwall. Staff recommends approval with the understanding the proposed development will not impact the current or future plans for gravity MOTION: APPROVETHE CITY OF FORNEYTOS SPONSOR THE CITYOFI MESQUITE FOR A MESQUITE SEWER CUSTOMER IN THE MESQUITE ETJ FOR SERVICE IN  sewer lines from Rockwall through Heath to the lift station in Mesquite ETJ.  THE BUFFALO CREEK INTERCEPTOR SYSTEM.  MOTION MADE: SECONDED: APPROVED: ABSENT:  WEAVER CALDWELL KRAUSE  PASSED UNANIMOUSLY BY THOSE PRESENT  4.b Discussion Regarding an update on the. Alternate Water Source Study from Freeman City Engineer Richard Dormier stated that staff was directed to send a letter to North Texas Municipal Water District (NTMWD) to request tol be a customer with one oft two options 1. tol be a NTMWD customer at our Rockwall facility for thei full amount ofwater that we: need, or 2. remaina customer of NTMWD Rockwall for the 5-5 million gallons that we already have and add a point at FM. 460 near Hwy 80 for another take point as a customer of NTMWD. The letter was submitted and we are waiting for their analysis. This is approximately a 6-year project. Councilman Weaver clarified we are at this point because since approximately a decade ago, the: intention for NTMWD was to expand their water availability at the Rockwall location. We put in infrastructure at that location with the anticipation that as NTMWD's capacity increased at that location, most of our future water needs would come from that location. We are: now learning from NTMWD, as are the other cities and customers currently getting their water from this location, that the increased capacity at the Rockwall location never took place. NTMWD has clarified that more water is availablet to Heath, and the other effected cities and customers, but not at the Rockwall location. We must go elsewhere to get more water and will be required to build a pipeline to Forney to get our 4.c Case No. ZA-2023-01R: Conduct a Public Hearing and act on an application to change the zoning classification from (A) Agricultural District to (SF-43) Single Family Residential District oni two tracts ofland ini the City of Heath, Rockwall County, Texas. One tract is addressed as 1216 Smirl Drive and described as Abstract 207, E. Teal Survey, Tract 38-02, containing 1.193 acres. The other tract is located approximately 100 feet south of1216 Smirl Drive further described as 3.001 acres ofland adjacent to Smirl Drive that is a portion of Abstract 207 E. Teal Survey, Tract 38-01. (Rockwall Director ofCommunityl Development Aaron. Adel addressed the Development Process as we: gofrom rawl land to move-in ready in this long process. The zoning and development review occur earlyi in the process followed by the final plat. The applicant is asking for a zoning change to: facilitate the preliminary plat process. The applicant/property owners, Chad and Nicole Estes have submitted an application to change the zoning classification from (A). Agricultural District to (SF-43) Single Family Residential District on two tracts ofl land located generally at 1216 Smirl Drive containing: a total of4 4.194 acres and the remaining larger lot will remain agricultural. The notice was published and mailed to neighbors within 500 feet of thej property on December 21, 2023. Three notices were returned in opposition; nonei ini favor. Total Frontage along Smirlis405 feet. The frontage for Tract 1is145, Tract 21 has 1601 feet frontage and contains an existing home, the remainderofTract; 3i is100 feet. A question from the Commission was making Tract 1 SFE-3.01 however, SFE-3.0 requires 180 feet frontage. The approximate Buildable Area for' Tract 1 is 2.5 acres (-0.5 acre pond), Tract 2 is  Millican, Inc.  additional water. This is not a Heath predicament it is regional predicament.  CAD No. 110295 and a portion of12687).  City Council Minutes January 23, 2024  Page 2 of5    already developed on 1.1 acres, and the remaining Tract 3 is on 10.7 acres (-0.5 acre pond). The Future Land Use Plan showed this area tol be Rural Estates land use which conforms tot the (SF-43) Single-Family Residential District, (SFE-3.0) Single Family Estate District, and the (A). Agricultural District." Thiszoning change request does conform with the Future Land Use Plan.' The Commission considered this request on January 4, 2024, and voted unanimously by those present to approve the zoning change for the 1.193-acre tract and deny the zoning change for the 3.001-acre tract and expressed concern about the possible future further subdivision of Lot 3 into one-acre tracts. The proposed zoning change complies with the area: requirements of the SF-43 District.  HEARING to receive comments regarding the request. Mayor Elam opened the public hearing at 7:00 p.m.  Chad Estas, 6 Kensington Dr., Heath resident for 9 years, stated that regarding thej possibility of subdividing lot 3, this would not be financially feasible. He is asking for the rezone for the purpose of building his homei in thel back ofthe! property. Estes provided a presentation, drainage study showing the current drainage flow and provided pictures from 2018 that showed the same drainage water flow as today. He has enlarged the tank and cleaned the property, all the water draining off the property flows into the easement, as expected helping with the drainage issues. Justin Arrington, 1216 Smirl Drive, spoke in favor of the application and stated that he understand the neighbor's concern but wanted tol bel heard that he was in support.  Mayor Elam closed thej publicl hearing at 7:13 p.m. Discussion and action regarding the request.  Councilman Weaver clarified that this item has been heard by the P&Z Commission multiple times and their concern was the possibility of future subdivision of Lot 3 into multiple lots, resulting in something similar to the original proposal with six lots that was denied last year. Weaver stated that he was ini favor of rezoning the existing lot1SF-43 and zoning lot 3 SFE-3.0 with a variance for the frontage requirement. Which would achieve the applicant's goal to separate this into threel lots with noi intention of ever dividing lot 3 while also] preventing any: future subdividing oflots 3. Mayor Elam stated that] hel had aj problem withy what could be or what might bel becausei it would still have to come backt to Council iftheywantt tos subdivide, andi indicated thati futuresubdividing: oflot3 doesn'tappear feasible SO he was comfortable with the applicant's request. City Engineer Richard Dormier stated that building the ponds has helped the situation as is but when the ponds arei full drainage reverts to MOTION: APPROVEORDINANCENO.240123AREGARDINGAZONING: CHANGEAS  how it used to be, this development has not increased the drainage.  PRESENTED. MOTION: MADE: SECONDED: APPROVED: ABSENT:  MAYOR ROLATER KRAUSE  Councilman Chester clarified that this request pre-dates the November 14th Moratorium.  PASSED UNANIMOUSLY BYTHOSE PRESENT  4.d Case No. PP-2023-01R: Consider and act on the Preliminary Plat of Estes Addition, containing three (3) residential lots on 15-533 acres of land situated in the E. Teal Survey, Abstract 207, City ofHeath, Rockwall County, Texas, zoned (A). Agricultural District, and located approximately 300 feet north oft the intersection of Smirl Drive and Carriage Hill Lane on the east side of Smirl Drive. (Rockwall CADIDI No. 110295 and 12687). Aportion ofthe property is the subject ofazoning change application to be considered on the same meeting agenda to rezone two (2) of the lots from (A) Director of Community Development Aaron Adel stated this is a preliminary plat. Lot 1 is the Arrington property, Lot: 21 is thel large agricultural lot andLoti is thet three-acre lot at the front oft the property. The previous item (zoning change) had to pass in order for this item, the Preliminary Platt to be approved. Each oft the three properties will be accessed from Smirl Drive by a driveway.  Agricultural District to (SF-43) Single Family Residential District.  City Council Minutes January 23, 2024  Page 3of5    The applicant stated alll buti two oft the trees are: still there and theyl have documented and removed dead, hazardous, or diseased trees that are: not protected by the' Tree Preservation Ordinance. Lot 1is developed with OSSF, lots 2 and 3, at the time of application are: intend to utilize OSSF as well. Attached to sewer through the subdivision behind the property. There is a fifteen-foot trail easement along the Smirl frontage of alll lots. The subdivision will connect to the city water via an existing eight-inch line along Smirl Drive. The applicant has submitted ai full set of drainage plans and the City Engineer is working on it. Park Fees to be collected before plats are signed total $7,080.26 (Fee-In-Lieu ofLand Dedication is $2,246.94 per Dwelling Unit, Park Development: Fee is $1,293.19 per Dwelling Unit, Total Park: Fees are $3,540.13 per Dwelling Unit). Thet total Impact Fees assessed with building permit are $16,892.14 (Water Impact Fee 3/4" meter is $2,087.00 for 2dwellings is $4,174.00, Road Impact Fee is $2, 419.07; for 2 dwellings is $4,838.14, Sewer Impact Fee 3/4" water meter is $3,940.00; for 2 dwellings is $7,880.00). The total Park and Impact Fees are $23,972.40. The agricultural and residential subdivision is consistent with the designation of Rural Estates on the Future Land Use Plan. The Zoning Ordinance Compliance: The Preliminary Plat conforms to the area requirements of the (SF-43) and (A) districts as depicted on the companion zoning application. The Subdivision Regulations Compliance. There are a few requirements that the plat does not comply with that must be cited in the motion: 1. Ina accordance with Subdivision Regulation, $158.06(D)(8) and $158.06(D)(18), the companion 2. In accordance with Subdivision Regulations, $158.06(D)(7) regarding the submitted Drainage a) Sheet 05: Confirm the grading plan reflects existing conditions. Ifthis is confirmed, add aprivate drainage easement along the southern property line to the pond outlet. b) Sheet 07: Confirm if the water draining from drainage area 5 is going onto Lot 1 downstream orifit's being redirected eastward along thej property line to the creek. c) Sheet 07: In the note regarding Pond 2 outflow, list the flow amount for comparison to 3. Ina accordance with Subdivision Regulations, $158.09(C), the City Council must approve the use 4. Ina accordance with Subdivision Regulations, $158.38, thet treescape plan must bei revised to show inn map and table form the location, size, and species of trees to be installed as mitigation for the MOTION: APPROVE PRELIMINARY PLAT WITH THE CONDITIONS OF APPROVAL  MOTION CONDITIONS OF APPROVAL: rezoning case must be approved by the City Council.  Plan:  thes same. location shown on Sheet 06.  ofC OSSF for Lots 2 and 3. trees to be removed. EXCEPT ITEM: NO. 1ABOVE. MOTION. MADE: SECONDED: APPROVED: ABSENT:  MAYOR ROLATER KRAUSE  PASSED UNANIMOUSLY BYTHOSE: PRESENT  Adel stated that we bring the final plat back before the building permit is approved.  5. Council/City Manager Comments  None  6. Executive Session  At 7:441 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 of the State Bar of Texas clearly conflicts 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 oft the State Bar of  City Council Minutes - Jamary23,2024  Page4 4of5    Texas clearly conflicts with this chapter, regarding: (i) zoning and platting standards, Local Government Codes shot clock, and' Trilogy finalj plat; GDTilogydeelopmentinl Mclendon-Chisholm city limits and extraterritorial. jurisdiction; (ii) discussion regarding Federal Fair Housing Act and reasonable accommodations; and (iv) complaint about damage to: fence at4 4632 FM 550, Heath, TX; Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offer regarding: (i) City of Heath V. Mclendon-Chisho.m, Cause No. 1-22-1204; and (ii) MCTrilogy Texas, LLC V. City of] Heath, et al., Cause No. 3:22-CV-02154-D; and Section 551.074: Deliberation regarding the appointment, evaluation, reassignment, duties, discipline or dismissal of At 9:03 p.m, Mayor Elam closed Executive Session and reconvened the meeting into open session MOTION: APPROVECITYMANAGER EMPLOYMENT CONTRACT. ASDISCUSSEDIN  public officer or employee, regarding: (i) City Manager stating that no action was taken in the Executive Session.  EXECUTIVE SESSION. MOTION MADE: SECONDED: APPROVED: ABSENT:  MAYOR CALDWELL KRAUSE  PASSED UNANIMOUSLY BY7 THOSE PRESENT  Mayor Elam adjourned the meeting at 9:04 p.m.  APPROVED: KDEL KELSONI ELAM MAYOR  ATTEST:  OF HE  59   TaAuen NORMA DUNCAN CITY SECRETARY  City Council. Minutes- - Jamuary23,2024  PageSofs