MINOTES REGULAR CALLED MEETING HEATH CITY COUNCIL TUESDAY, AUGUST 22, 2023 at 6:30 PM  ATTENDING: KELSON ELAM, MAYOR  PAULRUFFO, MAYOR PROTEM JIM CHESTER DONNA ROLATER BRENT WEAVER SHARON CALDWELL RICH KRAUSE  ABSENT:  Mayor Kelson Elam called to order the Regular meeting at 6:31 p.m. Councilman Brent Weaver delivered  the Invocation and led the Pledge of Allegiance.  2. Public Comment 3. Consent Agenda  No one signed up to speak at the open forum.  3.a Action Regarding the Minutes oft the August 9 Regular Meeting.  3.b Action Regarding an Ordinance Approving an. Annual Update to the Service and Assessment Plan for the Haciendas Del Lago Public Improvement District; Providing a Severability Clause; Providing an Effective Date; and Ordaining Other Provisions Relating toi the Subject. MOTION: APPROVE CONSENT: AGENDA, ITEMS 3.a and; 3.b REGARDING MINUTES AND ORDINANCE NO. 230822A REGARDING SERVICE AND ASSESSMENT PLAN FORTHE HACIENDAS DELLAGOI PUBLICIMPROVEMENT DISTRICT.  MOTION MADE: SECONDED: APPROVED: ABSTAINED: ABSENT:  CHESTER RUFFO  PASSED FOURTOZERO (one abstained and two absent) WEAVER (abstained) from minutes due to priorabsence)  CALDWELL, KRAUSE  4.a Case No. SV-2023-01: Consider and act on an application for a Sign Variance to the requirements. specified in Section 151.26(B) and ChapterisiAppendix A, Section 4 of the Heath Code of Ordinances to allow an existing monument sign with attached lettering located at Standard Service Restaurant addressed as 4240 Ridge Road to exceed the allowed sign structure height of five feet by ten inches, to exceed the allowed overall height ofthe sign structure: and base ofs six feet by two feet two inches, to encroach into the required setback of 15 feet by five feet, to utilize metal material on the sign structure and base rather than the required masonry, and to utilize external neon glass tubel lighting rather than the required internal or ground lighting. DirectorofPlanning, Aaron. Adel stated that this request wasi foras sign variance tot thei requirements specified in Section 151.26(B) and Chapter 151 Appendix A, Section 4 of the Heath Code of Ordinances to allow an existing monument sign. This sign was constructed without a sign permit and does not complyv with the code by: 1. exceedsi the allowed sign structure. height off five: feet byt ten inches; 2. exceeds the allowed overall height of the sign structure and base of six feet by two feet two inches; 3. encroaches into the required setback of 15 feet by five feet; 4. utilizes metal material on the sign structure and base rather than the required masonry to match the main building and 5. utilizes external neon glass tube lighting rather than the required internal or ground lighting. The 1. Signage requirements of Section 151 ofthe Code of Ordinances will applyto the subject property. 2. Monument signs shall be constructed of like materials and design as the main structure as required: 80%. Masonry, 25% Stone, 10% Corrugated galvanized Metal accent allowed.  PD Ordinance No. 130924B for this property contains the following regulations:  City Council Minutes - August 22, 2023  Page 1of4    3. Architectural Features of the PD: (4) Color (a)(2) The use of high-intensity, primary, black, or fluorescent colors is prohibited, except as trim or accent areas. Where used as trim or accents, Also, the existing sign does not complywith the Outdoor) Lighting/Dark Sky Ordinance (Chapter 98) int thei following ways: 1. Thei maximum outdoori illuminance shall not exceed 51 FCat any point, except that under canopies (such as service stations)i illuminance shall not exceed 10. FC; 2. Thel Photometric Plan shows the illuminance. at the face ofthe signi is 10.6 FC; and 3. All other FC point measurements depicted on1 the Photometric Plan comply with Chapter 98. Texas Local Government Code, Title 7, Subtitle A, Chapter 216, Sec. 216.901 provides that al home-rule municipality may license, regulate, control, or prohibit the erection of signs or billboards by charter or ordinance. The City Council continued discussions and the consensus was not in support of the variance request because of the sign's many noncompliances and that it would set a precedent. Councilman Weaver reiterated that one must comply with the ordinances and regulations, many of which were put in place for this Planned Development by the developer and they were not just city requirements. The Mayor stated that he could not support this request and asked the applicant to start over and make it right. Applicant Jerry McInerney, Unco Restaurant Group, Standard Service Restaurant - 4020 Ridge Road, was present and clarified that he did not expect the sign to arrive sO soon and immediately MOTION: DENY SIGN VARIANCE REGARDING FOR THE STANDARD SERVICE  those colors shall not exceed ten percent (10%6) ofany single façade.  applied for a permit. MOTION MADE: SECONDED: APPROVED: ABSENT:  RESTAURANTLOCATED AT 4240 RIDGE ROAD.  MAYOR ELAM CHESTER CALDWELL, KRAUSE  PASSED UNANIMOUSLY BYTHOSE PRESENT  4.b Discuss andActo on Ordinancel No.: 230822Ctorepeal Ordinane.No.910109Aandreadopt the City of Heath's Engineering Standards of Design and Standard Details which provides, in accordance with standard engineering practices, reasonable specifications relating to the construction ofeach street or road based on the amount and kind oftravel over each street or road in a subdivision and reasonable specifications relating to adequate drainagef for each street or roadinasubdivision to complywith House Bill 3699 Director of] Planning Aaron Adel stated that this request was to repeal an older ordinance in order to satisfy requirements that came out of the most recent legislative session. Following the close of the 88th Texas Legislative Session, the City of Heath must take several actions to comply with passed bills and tonight two of the most time-sensitive actions are being presented and more will followi inl later meetings. This Ordinance No. 230822Ci is necessaryto complywith the requirements of] HB3699 that become effective September 1, 2023. HB3699 allows the City to adopt reasonable specifications relating to the construction of each street or road based on the amount and kind of travel over each street or road in a subdivision and reasonable specifications relating to adequate drainage for each street or roadi in a subdivision: in accordance with standard engineeringpractices. The Cityadopted Engineering Standards of] DesignonJ Jan 9, 1991, and amended theses standardson Sep 28, 2021. To ensure that we adhere to the publication requirements of HB3699, we need to repeal the 1991 adoption ordinance and readopt 152.01 "Adoption of Standards" by tonight's Ordinance No. 230822C. This ordinance does not make any changes to the content of the Engineering Standards of Design as originally adopted in 1991 and amended in 2021. Adel reiterated that there are: no new standards, we are not adopting new standards and are: re-adopting MOTION: APPROVE ORDINANCE NO. 230822C REGARDING CITY OF HEATH'S ENGINEERING STANDARDS OFI DESIGN ANDSTANDARD DETAIISTOCOMPLYWITH  from the 88th Texas Legislative Session.  the same standards that wel have been applying all along.  HOUSE BILL: 3699 FROM THE 88+TEXAS: LEGISLATIVESESSION.  MOTION. MADE: SECONDED:  MAYOR ELAM WEAVER  City Council Minutes - August 22, 2023  Page 2of4    Mayor Pro Tem Ruffo clarified that this does not change anything with the developments that  arei in process. APPROVED: ABSENT:  PASSED UNANIMOUSLY BY THOSE PRESENT  CALDWELL, KRAUSE  4.c Discuss and Act on Ordinance No. 230822B to amend the Master Fee Schedule to modify the "Final Plat" fee to comply with House Bill 3492 from the 88th Texas Director of Planning. Aaron Adel stated that this request is Ordinance No. 230822B to amend the Master Fee Schedule to modify the Final Plat" fee to comply with House Bill 3492 from the 88th Texas Legislative Session. The City adopted Engineering Standards of Design on Jan 9, 1991, and amended these standards on Sep 28, 2021. To ensure we: adhere to thej publication requirements of HB3699, we need to repeal the 1991 adoption ordinance and readopt 152.01 "Adoption of Standards"byt tonight's Ordinance No. 230822C. This ordinance does not make any changes tot the content ofthe. Engineering Standards ofl Design as originallyadopted. ini 1991 and amendedi in 2021. The only change to the fee schedule is a one-line item change, Final Plat, that is the greater of4 4% MOTION: APPROVE ORDINANCE NO. 230822B REGARDING MASTER FEE SCHEDULETO MODIFY FINAL PLAT TO COMPLYWITH HOUSE BILL 3492 FROM  Legislative Session.  oft the improvement value or $4500.  THE 88th' TEXAS LEGISLATIVE SESSION.  MOTION: MADE: SECONDED: APPROVED: ABSENT:  MAYOR: ELAM ROLATER CALDWELL, KRAUSE  PASSED UNANIMOUSLY BYTHOSE PRESENT  4.d Discuss and Act on Ordinance No. 230822D repealing and readopting section 51.08(C) of the City's Code of Ordinances regarding the culpable mental state for violation of the Model Water Resources and Emergency Management Plan (Drought City Attorney. Marie. Johnson stated that this ordinance: is amending the original ordinance to allow the city to assess the water restriction violation fee. The penal code reads that regarding a fee in excess of $500, the state has to provide evidence of culpable mental state. This ordinance is revising Section 51.08(C) regarding the culpable mental state needed for water restriction violations. This amendment does not trigger a requirement to file the drought contingency plan with TCEQ. The City is amending the City ordinance onlya and not the plan itself. This is cleaning upa anenforcementi issue. Johnson clarified that the amendment better aligns us with the state] penal MOTION: APPAOVEORDIRANCENO. 230822D REGARDING CULPABLE. MENTAL STATE FOR VIOLATION OF THE MODEL WATER RESOURCES AND EMERGENCY  Contingency Plan).  requirements.  MANAGEMENT: PLAN (DROUGHT CONTINGENCYPLAN.  MOTION MADE: SECONDED: APPROVED: ABSENT:  WEAVER RUFFO  PASSED UNANIMOUSLY BYTHOSE PRESENT  CALDWELL, KRAUSE  5.1 Mayor, Council and City Manager Reports  City Manager Aretha Adams gave a reminder to the Community that we are still in Stage 2 Water Restrictions. Weares still looking at this issue dayl by day, doing everything we cani to avoid triggering Stage 3 Water Restrictions. Six million is our max water available and we encourage the citizens to maintain their water behavior within the guidelines of Stage 2. She thanked the staff and council. Councilman Weaver thanked all the residents that are complying and indicated that the behavior of those that are not complying is what will send us into Stage 3. Weaver reiterated again that there is  no more water: for us toj purchase, iti is in our hands to comply.  City Council. Minutes - August. 22, 2023  Page. 3 of4    6. Executive Session  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 thei 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: (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; and (ri) dispute regarding the creation of Rockwall County MUD! No. 10i involving the Trilogy development in Melendon-Chisholm city limits and extraterritorial jurisdiction; and Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offer re: (i) City of Heath V. Mclendon-Chisholm, Cause No. 1-22-1204; (ii) City of Heath V. Texas Commission on Environmental Quality, TCEQ Internal Control No. D-12302021- 047, regarding the creation of Rockwall County MUD: No. 10; (ii) MC' Trilogy Texas, LLCV. City of At 8:03 p.m, Mayor Elam closed Executive Session and reconvened the meeting into open session  Heath, et al., Cause No. 3:22-CV-02154-D.  stating that no action was taken ini the Executive Session. Mayor Elam adjourned the meeting at 8:03p.m.  APPROVED: DLD2 KELSON ELAM MAYOR  ATTEST:  59  NORMA DUNCAN Zmlpa CITY SECRETARY    EGT TE  City Council Minutes August 22, 2023  Page 40 of4