MINOTES REGULAR MEETING HEATH CITY COUNCIL  TUESDAY, OCTOBER 24, 2023 at 6:30 PM  ATTENDING: KELSON ELAM, MAYOR  PAUL: RUFFO, MAYOR PROTEM SHARON CALDWELL JIM CHESTER RICH KRAUSE DONNA ROLATER BRENT' WEAVER  Mayor Kelson Elam called to order the Regular meeting at 6:30 p.m. Councilman Jim Chester delivered  theInvocation and led the Pledge of Allegiance.  2. Public Comment  Phyllis Salverson, 626 Sorita Circle, Heath, TX - was present to express her concerns regarding the fire that occurred last Sunday night at 628 Sorita Circle particularly regarding the faulty fire hydrants in Darr Estates. Mayor Elam stated that the Council is aware ofthei issue and would further  discuss this during the Council/City Manager Comments.  3. Consent Agenda  3.a Action Regarding the Minutes ofthe October 10 Regular Meeting. MOTION: APPROVE CONSENT. AGENDA, ITEMS 3.a REGARDING MINUTES.  MOTION MADE: SECONDED: APPROVED: ABSTAINED:  CHESTER RUFFO  PASSED FIVETO TWO. (two abstained) ROLATER, WEAVER (absent at the Oct 10, 2023 meeting)  4.a Case No. ZA-2023-04R: Conduct a Public Hearing for an application to change the zoning on 2.463 acres ofland from' Towne Center Overlay District with a base zoning classification ofLocal retail (LR) District to a Planned Development (PD) for Towne Center Overlay District, with specific usesb being excluded, for' "bank office uses only." The subject propertyisland. described as' Tracti,Antonio Rodriguez Survey,Abstract No. 231, and is zoned (LR) Local Retail District within the Towne Center Overlay District. The property isl located at the intersection ofFM 550 and FM 549. (Rockwall CAD ID No. 13000) A related Conditional Use Permit and Site Plan cases have been Assistant City Manager Kevin Lasher stated that he would present the following threei items as one package but recommended that the Council make three separate motions. Case No. ZA-2023-04R: Toc change the zoning on 2.463 acres ofland from Towne Center Overlay District with al base zoning classification of Local retail (LR) Districttoal Planned Development (PD) for Towne Center Overlay District, with specific uses being excluded. Land. Area: 2.463 acres. Location: At the intersection of FM 740 and FM 549. 1st public hearing; Case No: SP-2023-01R - Site Plan One-story, 7,857.94 square foot bank and office building; and Case No. CUP-2023-03R: a Conditional Use Permit for a four-lane drive-through bank teller facility, 2nd public hearing. The applicant is American National Banka and the current zoningi is' Towne Center Overlay District with an underlying base classification ofLocal Retail (LR) District. Thirteen neighborhood notices were mailed out, one: received in favor Lasher provided historystating that this resubmitted site plan was denied without prejudice by the City Council on June 27th. The original submittal had two Conditional Use Permit requests for approvalofat two-story building ini the' Towne Center Overlay Districtand drive-through ATM/teller lanes. There were eight variances.. A companion zoning case was also submitted that would exclude  submitted under case: files CUP-2023-03R and SP-2023-01R.  and none received in opposition of the request.  City Council Minutes - October 24, 2023  Page 1of7    specificretail and commercial uses and reduce thei required parking ratiotoreducei imperviousarea. The P&Z Commission reviewed the original submittal on May 2and the Commission determined there were too many variances and recommended denial without prejudice by a unanimous vote. On April 27, 2023, the. Architectural Review Board reviewed the plans and voted five to one vote to recommend approval as presented. The revised plans show: the eight variances removed; the parking reduction to 42 spaces; the new Conditional Use Permit application deals with the ATM/tellerl lane requirement; the new building is one-storyi in height and contains 7,857.94 square feet as opposed to 19,781.88 square feet. The new submittal package includes only one CUP request for the ATM/Teller lanes and two variances: 1. Variance to the 600-foot block width provision established by the Overlay District. The subject propertyiss slightly over 800'l long andi is defined by TxDOT roadway boundaries, and2 2. Variance to allow footcandle readings just outside the ATM/teller lane area to exceed the 5-footcandle maximum. The applicant is invoking the Texas Finance Code. S 59.307 Standards for Lighting allows financial institutions tol have. higherintensity lighting within a 50-foot radius oft the main teller window and the most remote. ATM machine. But the lighting plan shows 10.3 to 11.7 FC indicators just outside of these two 50' radiuses within the ATM/tellerarea. In summary, the CUP requests havel beenreduced from twoi toone: and the variance The lighting requirements: will not exceed 65,000 lumens per net acre; Provided illumination for property calculated at 30,645, or 23,756 lumens per developed acre (1.29 acres); An average of1.5 FCi in areas of parking, pedestrian ways, and fire lanes; No more than 5 FC maximum at any point. The property line average is 0.1. The building site averagei is 0.70. Open space south oft the building is 0.18, and FC readings of 10.3 to 11.7 are shown outside of the two 50' radiuses within the ATM/teller area. Per the Texas Finance, section 59-307 Standards for Lighting, the lighting must be at least: I. 10 candlefoot power at the face of the unmanned teller machine and extending in an unobstructed direction outward five feet; II. two candlefoot power within 50 feet from any unobstructed direction from the face of the machine, except as provided by Subdivision (3); III. if the machine is located within 10 feet oft the comer ofal building and is generally accessible fromi the adjacent side, two candlefoot power along the first 40 unobstructed feet oft the adjacent side oft the building; IV. two candlefoot power in the part of the defined parking area within 60 feet of the unmanned teller machine, and V. However, FCI readings of10.3 to11.7 are shown outside oft thei two On September 28, the Architectural Review Board recommended approval of the Site Plan by a unanimous vote and requested the following conditions: 1. Recommended approval of the minimum 600-foot block width waiver as presented. 2. Recommended approval oft the excess foot candle readings above 5 FC outside of the 50-foot radius established by the Texas Finance Code. S 59.307, Standards for Lighting. 3. Recommended approval of the CUP request for the teller/ATM lanes as presented. 4. Recommend the applicant undertake an additional revision to reduce the parapet wall height above the teller/ATM lane canopy sO that the parapet wall cap will match the height ofthel horizontal cast-stone string course element on the main office building. (The applicant agreed to undertake this variance and forwardi iti to thel P&Zand City Council. The ARB: recommends approval oft this height reduction.)5.1 Recommend the window mullions be painted (or anodized) in a" "Champagne" color in lieu of the grey tone. 6. That two flag poles, maximum 20 feet in height, adorn the circular plaza area at the corner entrance with LED downlights mounted at the top of poles as specified by the City's Night Sky Ordinance, and 7. Utilize the "saw-tooth" parapet molding depicted ati the corner entrance walls for all parapet walls, including thel lowered parapet wall above the teller/ATM lanes described in condition No. 4 above. Although not made part of their recommended conditions, ARB also suggested the following issues communicated to the P&Z and Council. That TxDOT consider adding a left-turn lane for the drive approach off of FM 550; That the architect reconsider the location of the bike racks at the circular plaza sot that more room can be accommodated for the potted tree and shrub planters; and Add more masonry articulation at the On October 2, 2023, the P&Z Commission, by a vote of 5 two 2, recommended approval oft the Site Plan for American National Bank with the following conditions: 1. Recommended approval oft the  requests decreased from eight to two.  50' radiuses within the ATM/tellerarea.  corner entrance walls to provide more, surface articulation and embellishment.  City Council Minutes - October 24, 2023  Page 2of7    minimum 600-foot block width waiver as presented; 2. Recommended the excess foot candle readings above 5 FC outside oft the 50-foot radius established by the' Texas Finance Code. $59-307, "Standards for Lighting," tol be further reduced tol bring these readings into closer compliance with the city's Night Sky Ordinance while: still maintaining the minimum standards specified by the state code; 3. Recommended that a row oft trees be planted at the southern end of the teller/ATM areas to mitigate light trespass. This modification is shown on revised plans; 4. Recommended approval of the CUP request for the teller/ATM per recommendations b. And C. Above; 5. Recommend approval of the additional variance recommended by the ARB to reduce the parapet wall height abovei the teller/ATM. lane canopy sot that thej parapet wall cap will match thel height oftheh horizontal cast-stone string course element on the main office building. (The applicant agreed to undertake this variance and forward it to the P&Z and City Council.) This modification is shown on revised plans; 6. Recommend the window mullions bej painted (or anodized) in a "Champagne" colorin] lieu ofthe grey tone. This modification is shown on revised plans; and 7.That twoi flag poles, a maximum of20 feeti in height, adorn the circular plaza area at the corner entrance. This modification is shown  on revised plans.  HEARING to receive comments regarding the request. Mayor Elam opened the public hearing at 7:19 p.m.  Scott Clanton, MG. Architects - addressed the City Council and Commission concerns regarding lighting, specifically at the ATM. Weaver clarified that Texas ATM lighting Code requires minimums of 10-foot candles fora5-foot radius and 2-foot candles to a 50/60-foot) radius from the face of the. ATM. The City's requirement is less than 5-foot candles at any point. Therefore, within the 5-foot radius, the Texas ATM Lighting Code takes precedent, thereby allowing 10-foot candles within the 5-foot radius. Anywhere beyond the 5-foot radius, you can be as low at 2-foot candles out tot the 50-foot radius] per State Code, but this proposed lighting plan far exceeds these State levels and is significantly over-lighted. Weaver recommended the applicant revise the design to comply with both Cityand State requirements. Staff and Council agreed these 31 related  agenda items should be considered together as a group. Mayor Elam closed the public hearing at 7:431 p.m. MOTIONTOTABLE ITEM 4a. MOTION MADE: SECONDED: APPROVED:  MAYOR ELAM ROLATER PASSEDUNANINOUSLY  4.b Case No: SP-2023-01R Consider and act on a Site Plan for the American National Bank, a proposed one-story, 7,857.94 square foot bank and office building on 2.463 acres of land described as Tract 1, Antonio Rodriguez Survey, Abstract No. 231. The site is zoned (LR)Local Retail District within the Towne Center Overlay District. The property is located at the intersection ofFM 740 and FM 549. (Rockwall CADI IDI No. 13000) A related Zoning Change and Conditional Use Permit cases have been Assistant City Manager Kevin Lasher stated that regarding the Site Plan, Councilman Weaver provided an email withi five items he wouldi be addressing: 1. Over-lighted area around. ATMs. They exceed the' TX ATM Lighting Code by up to 5 times; 2. Reduce the size/scale oft the screen wall. It's as big as, and is actually longer than the main building; 3. Reduce the monotony oft the long runs of continuous-height cast stone base along the west and south elevations and portions of the east elevation by extending thel bottom oft the windows down al bit to create some vertical modulation to break up the monotony; 4. Possibly change west utility door to a glass door sO that it doesn'tlook soi industrial and utilitarian given that this door isi in direct view of customer parking; and 5. Add larger-scale detailed dental brickwork, commonly seen on historic main-street buildings, along the cornice of the raised parapet walls, especially at the main entrance tower. While the small saw- tooth cornice detail added around thel buildingi is nice, the diminutive scale ofthis detail is too: small and not stately enough for a 25-foot-tall building. See a few attached examples of arched or square  submitted under case: files ZA-2023-04R and CUP-2023-03R.  City Council Minutes - October 24, 2023  Page. 3 of7    cornice brickwork. This type of cornice brickwork is a hallmark of historic Texas main-street architecture and something we've been asking for from the start. Weaver also stated that this building will be located in the most prominent, visible, and significant intersection in our entire city. Wea arel looking for classicarchitectural integrity toi make it trulyl look like historic' Texas main-  street architecture. MOTION TO TABLE ITEM 4b. MOTION MADE: SECONDED: APPROVED:  MAYOR ELAM CALDWELL PASSEDUNANINOUSLY  4.c Case No. CUP-2023-03R: Conduct a Public Hearing for an application for a Conditional Use Permit, as required by Section 159.27 O(1) of the Local Retail (LR) District as established in the Code of Ordinances, City of Heath, for a five (5) lane drive-through bank teller facility for a 7,857.94 square foot bank and office building on 2.463 acres ofland described as Tract 1, Antonio Rodriguez Survey, Abstract No. 231. The site is zoned (LR) Local Retail District within the Towne Center Overlay District. Thej propertyi is located at the intersection ofFM 550 and FM 549. (Rockwall CADIDNo. 13000) Arelated: Zoning Change and Site Plan cases havel been submitted Mayor Elam opened the public hearing at 8:19 p.m. and no one present to speak regarding this Councilman Weaver asked for confirmation that the packet listed a 5-lane ATM but iti is actuallya 4-lane ATM. The applicant confirmed and indicated the four lanes consist of one lane is double- stack commercial lane, two ITM (Interactive Teller Machine) lanes, one ATM (Automatic Teller  under casei files ZA-2023-04R and SP-2023-01R. HEARING to receive comments regarding the request. request, Mayor Elam closed the public hearing at 8:20 p.m. Discussion and action regarding the request.  Machine). MOTIONTOTABLE ITEM 4c. MOTION MADE: SECONDED: APPROVED:  MAYOR ELAM CHESTER PASSED UNANIMOUSLY  4.d Discussion and Action Regarding Review ofl Heath TXI Fines and Fees. Agreement. Director of Finance Jay Ayers stated that this item is regarding a Resolution approving and authorizing execution ofac contingent: fee agreement forl legal servicesi ini the collection ofdelinquent court fines and fees. Under Texas Code of Criminal Procedure Article 103.0031, iti is permitted for acounty oramunicipalityi toe enterinto: a third-party collection contract to recover money owned on certain items in criminal cases. The City of Heath staff explored this as another mechanism to recover delinquent fines and fees. Linebarger Goggan Blair & Sampson LLP has been selected as the third-party collection agency for these fees. Delinquent amount are account receivable and debts that are: more than 60 days past due. Each delinquent amount will be referred to collections. Linebarger will assess an: addition of 309one each delinquent amounti to bej paidl by the debtor. Once amounts are received by Linebarger, Linebarger will send the city's portion to the City of Heath. Linebarger has over four decades of experience in collecting delinquent accounts receivable for government clients, have customizable collection programs, are technologically adept, have exceptional customer service and have a successful track record of collecting delinquent accounts receivable for government clients. Staff recommends approval. Jeff Jordan, Area Manager at MOTION: APPROVE RESOLUTION NO. 231024B REGARDING CONTINGUENT FEE AGREEMENT FOR LEGAL SERVICES IN THE COLLECTION OF DELINQUENT  Linebarger Goggan Bair & Sampson was present.  COURT FINES. AND FEES. Cily Council Minutes - October 24, 2023  Page 40f7    MOTION MADE: SECONDED: APPROVED:  MAYOR ELAM CHESTER PASSED UNANIMOUSLY  4.e Discussion and Action Regarding Resolution No. 231024A approving the purchase of 6.5 acres of land being part of WM Peters Survey, tracts 35.02 and 35.04, Property ID's 187223 and 51223, City of Kaufman, Texas ("Property") by the Kaufman Central Appraisal District pursuant to purchase and sale agreement between Kaufman Central Appraisal District and the Kaufman Independent School District and the construction of and related financing of a building pursuant to a lease purchase agreement as required by' Texas' Tax Code 86.0s1d);Onderinga: copyofthisresohation Director of Finance Jay Ayers stated that Kaufman Central Appraisal District (KCAD) is seeking entity approval toi move: forward with the construction ofa newi facility to house their operations. The current facility is overcapacity. KCAD must gain approval from a finite number of taxing entities within its jurisdiction before they can proceed with the construction process for a new: facility. Kaufman County is one ofthe fastest growing counties in the nation; current facility is not adequate for growth and demand; new facility will cost approximately $12-15 million annually; Looking at a 20-25 year loan to finance the construction oft this new facility. City ofHeath's contribution to this facility would approximately $4,036 total cost oft the project or $202/annually. All financial-related impact questions can be answered by Coy Johnson, Deputy Chief Appraiser oft the Kaufman Central Appraisal District. Staffrecommends: approving Resolution No. 231024A allowing Kaufman Central Appraisal District to move forward with the construction ofar new: facility. MOTION: APPROVE RESOLUTION NO. 231024A REGARDING LEASE PURCHASE AGREEMENT WITH KAUFMAN CENTRALAPPRAISALDISTRICT.  be provided to the Chief Appraiser; and providing an effective date.  MOTION: MADE: SECONDED: APPROVED:  MAYOR ELAM ROLATER  Counciman Weaver clarified to our residents that this is approving a new building in Kaufman County and we are: not approving a new building in Rockwall County ori in Heath.  PASSED UNANIMOUSLY  Council/City Manager Comments  City Manager. Aretha. Adams stated a home was lost toi fire on October 22 and would address thei issue with the fire hydrants. Adams provided history stating that Darr Estates, Antigua Bay, Cove Ridge and other areas along Rabbit Ridge have neverb had firel hydrants that provided firefighting capability. These areas were owned and operated by water supply companies that were not the City of Heath. When the City of Heath took over the infrastructure, upgrades to the water lines and fire hydrants were prioritized. Antigua Bay and Cove Ridge were priorities because their water lines were very small and the density was higher. Rabbit Ridge was updated becausei it was a companion project to aroad project SO their was bond funding available. Darr Estates remains thel last project. One ofthe six fire hydrants in Darr Estates is operable. When the fire occurred, fire fighters trucked in water from the closest working firel hydrants and at no point was there not adequate water toi fight the fire. A home was loss and that is a big deal. Moving forward, the Council will review thei funding options and action willl bel brought to an upcoming meeting. Mayor Elam stated that when wel bought Forney Lake Water Supply, it was not made cleart that there was any regulation that wel hadi toi remediate fire  hydrants. We will definitely prioritize this project and move: forward.  Executive Session  At 9:05 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 Rulesof Professional Conduct ofthe State BarofTexas clearly conflicts with this chapter, regarding: (i) zoning and platting standards, Local Government Code shot clock, and  City Council Minutes - October. 24, 2023  Page 50f7    Trilogy final plat; (ii) Trilogy development in Mclendon-Chisholm city limits and extraterritorial jurisdiction; (ii) moratorium on property development under Chapter 212, Subchapter E of the Texas Local Government Code; (iv) city's firefighting system and related capital improvement project; (v) City Manager Agreement; and (vi) discussion regarding Senate Bill 2038 of the 88th Regular Legislative Session, and Petitions for Release from the Extraterritorial Jurisdiction (ETJ), including those received from the following petitioners on the following dates: (1) H. Michael Gibson and Terrie L. Gibson received on October 13, 2023 (Kaufman CAD ID 13297 and 3730); and (2) Herbert M. Gibson received on October 18, 2023 (Kaufman CAD ID 56920); Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offer regarding: (i) City yofH Heathy V. Mclendon-Chshom, 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] public officer or employee, regarding: (i) City Manager annual performance evaluation; and (ii) At 11:02 p.m, Mayor Elam closed Executive Session and reconvened the meeting into open session MOTION TO APPROVE CITY MANAGER CONTRACT PER DISCUSSION IN  City Manager. Agreement.  stating that no action was taken in the Executive Session.  EXECUTIV SESSION. MOTION MADE: SECONDED: For: Against: APPROVED:  MAYOR ELAM ROLATER KRAUSE PASSEDSIXTOONE  CALDWELL, CHESTER, ELAM, ROLATER, RUFFO, WEAVER  8.a Discuss, Consider, and Possibly Take Action on Petition for Release from the City of Heath's Extraterritorial, Jurisdiction, pursuant to' Texas Senate Bill 2038, received on October 13, 2023, from Petitioners H. Michael Gibson and Terrie L. Gibson for IMOVE THAT H. MICHAEL GIBSON AND TERRIE L. GIBSON'S PETITION TO REMOVE PROPERTY FROM THE CITY'S EXTRATERRITORIAL JURISDICTION BE DENIED BECAUSE: 1. THE PETITION IS INCOMPLETE BECAUSE IT DOES NOT COMPLYWITHTHE REQUIREMENIS ESTABLISHED BYSENATE BILL: 2038;AND2. SENATE BILL 2038, LOCAL GOVERNMENT CODE SECTIONS 42.104 & 42.105 ARE UNCONSTTIUTIONAL DELEGATION OF LEGISLATIVE, AUTHORITY. AND CONFLICT WITH LOCAL GOVERNMENT CODE SECTION 42.023. THE CITY DOES NOT  Kaufman CADID13297 and 3730.  CONSENTTO REMOVAL OF PROPERIYIROM ITS ETJ.  MOTION MADE: SECONDED: APPROVED:  WEAVER CHESTER PASSED UNANIMOUSLY  8.b Discuss, Consider, and Possibly Take Action on Petition for Release from the City of Heath's Extraterritorial Jurisdiction, pursuant to Texas Senate Bill 2038, received on October 13, 2023, from Petitioner Herbert M. Gibson for Kaufman CADID 56920. IMOVE THAT HERBERT M. GIBSON'S PETITION TO REMOVE PROPERTY FROM THE CITY'S EXTRATERKITORIAL JURISDICTION BE DENIED BECAUSE: 1. THE PETITION IS INCOMPLETE BECAUSE IT DOES NOT COMPLY WITH THE REQUIREMENTS ESTABLISHEDBYSENATEBIL3038: AND: 2. SENATE BILL2038, LOCAL GOVERNMENT CODE SECTIONS 42.104 & 42.105 ARE UNCONSTITUTIONAL DELEGATION OF LEGISLATIVE AUTHORITY AND CONFLICT WITH LOCAL GOVERNMENT CODE SECTION 42.023. THE CITY DOES NOT CONSENT TO  REMOVAL OF PROPERTY FROM ITS ETJ.  City Council Minutes - October. 24, 2023  Page 6of7    MOTION. MADE: SECONDED: APPROVED:  CHESTER RUFFO  PASSEDUNANINOUSLY  Mayor Elam adjourned the meeting at 11:05 p.m.  OF  APPROVED:  ATTEST:  hoie KELSON ELAM MAYOR  NORMA DUNCAN Th CITY SECRETARY  TEN  City Council Minutes - October. 24, 2023  Page 7of7