MINUTES REGULAR CALLED MEETING HEATH CITY COUNCIL TUESDAY,JUNE: 13, 2023 at 6:30 PM  ATTENDING: KELSON! ELAM, MAYOR  SHARON CALDWELL JIM CHESTER RICH KRAUSE DONNA ROLATER BRENT WEAVER PAUL: RUFFO, MAYOR PROTEM  ABSENT:  Mayor Kelson Elam called to order the Regular meeting at 6:30 p.m. Councilman Krause delivered the  Invocation and ledi 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 May 23, 2023 Regular Meeting. 3.C Action Regarding the Opticom Traffic Signal Preemption. (ChiefSeery)  3.b Action Regarding a Change Order to the 2022/2023 Annual Concrete Street Repair Budget. 3.d Discussion and Action Regarding a Resolution Accepting the Report from the Independent Auditor and the Audited Financial Statements for the Fiscal Year Ending September 30, 2022 MOTION: APPROVE CONSENT AGENDA, ITEMS 3.a REGARDING MINUTES WITH REVISION; 3.b REGARDING ANNUAL CONCRETE STREET REPAIR BUDGET; 3.c REGARDING OPTICOM TRAFFIC SIGNAL AND 3.d REGARDING RESOLUTION NO.  (M.Shook)  and providing an effective date. (J.Ayers)  230613AAUDITED FINANCIALSTATEMENTS.  MOTION. MADE: SECONDED: APPROVED: ABSENT:  KRAUSE WEAVER ROLATER; RUFFO  PASSED UNANIMOUSLY BYTHOSE: PRESENT  4.a Case No. ZA-2023-04: Continue a Public Hearing for and application to change the zoning on 2.463 acres ofland from Towne Center Overlay District with a base zoning classification of Local retail (LR) District to a Planned Development (PD) for Towne Center Overlay District, with certain uses being excluded, for "bank office uses only" with a parking ratio ofc one parking space per 250 SF ofl building area. (A related case for a Conditional Use Permit has been submitted case. file CUP-2023-03. A related Site Plan case has been submitted under case. file SP-2023-01.) Staff recommends 4.b Case No. CUP-2023-03: Continue a public hearing for an application for a Conditional Use Permit (CUP) to allow a drive-through motor bank and a two-story building within the Towne Center Overlay District. The site is 2.463 acres of land described as Tract 1, Antonio Rodriguez Survey, Abstract No. 231, zoned Towne Center Overlay District, with a base zoning classification of (LR) Local Retail District located at the intersection of FM 740 and FM 549. (Rockwall CAD ID No. 13000) (A related. Zoning Change case has been submitted under casefile ZA-2023- 04. A related Site. Plan application has been submitted under casefile SP-2023-01.) Staff recommends this item bet tabled tot the next City Council meeting of. June 27, 2023.  thisi item be tabled to the next City Council meeting of. June 27, 2023.  City Council Minutes June 13, 2023  Page 1of4    Mayor Elam stated that the Public Hearings fori item 4.a and item 4.b were opened ati the May: 23, MOTION TO CONTINUE THE PUBLIC HEARINGS AND TABLE ITEMS 4.a and 4.b  2023 Council Meeting and continued to the June 13, 2023 Council meeting.  UNTILTHEJUNE 27, 2023 COUNCIL MEETING.  MOTION MADE: SECONDED: APPROVED: ABSENT:  MAYOR ELAM CHESTER ROLATER; RUFFO  PASSED UNANIMOUSLY BYTHOSE: PRESENT  4.c Case No. SP-2023-01: Consider and act on a Site Plan for the. American National Bank, a proposed 19,781 square foot bank and office building in the Towne Center Overlay District with requested variances to 1.) building height, 2.) building area per tenant, 3.) tower height, 4.). tower area at base 5.) signage height, 6.) impervious area requirement, 7.)sitel lighting and other variances as necessary. The site is 2.463 acres of land described as Tract 1, Antonio Rodriguez Survey, Abstract No. 231, zoned Towne Center Overlay District, with a base zoning classification of (LR) Local Retail District located at the intersection of FM 740 and FM 549. (Rockwall CAD ID No. 13000). (A related Zoning Change and Conditional Use Permit cases have been submitted under case. files ZA-2023-04 and CUP-2023-03.) Staff recommends this item be tabled to the next City Council meeting ofJune 27, 2023. MOTIONTOTABLEITEM 4.c' TOTHEJUNE 27, 2023 COUNCIL MEETING.  MOTION MADE: SECONDED: APPROVED: ABSENT:  MAYOR ELAM KRAUSE ROLATER; RUFFO  PASSED UNANIMOUSLYBYTHOSE PRESENT  (Councilwoman Donna Rolater present at 6:37p.m.)  4.d Discussion and Action Regarding an Ordinance to Lower Speed Limit on FM 740. Director of Public Works, Matt Holzapfel stated that this item is regarding an Ordinance tol lower the speed limit on FM 740 south of Governors Boulevard to the south City Limit to 45-MPH. On November 8, 2022, the City Manager received a letter from the Texas Department of Transportation (TxDOT) transmitting a speed study for FM740. This speed study recommended changing the speed limit for the segment of FM740 from Governors Boulevard to the south City Limits from the existing 55 miles-per-hour (MPH) to a proposed 45-MPH. Implementing this suggested change would make the speed limit of FM740 a uniform 45-MPH throughout the City of Heath (from the north City Limit to the south City Limit). TxDOT is responsible for the posting of new speed limit signs on FM740 as the roadway is under TxDOT jurisdiction, the maintenance responsibility is TxDOT. However, TxDOT will not implement and install signage for the new speed limit without the approval of a City Ordinance. When setting a speed limit on the state highway system, municipalities and TxDOT must conduct traffic and engineering studies according to state law that require procedures outlined in TxDOT's publication, Procedures for Establishing Speed Zones and the Texas Manual of Uniform Traffic Control Devices (TMUTCD). Speed limits on Texas highways are set by the 85th percentile method, which represents the speed the majority of drivers are traveling at or below. This is a sound engineering principle used to set speed limits on highways and streets nationwide for the past 60-years. Field data from observed free-flowing traffic is collected and analyzed to determine the 85th percentile speed. To ensure a true reflection of a normal traffic situation, speed studies are made on average weekdays during off-peak hours, under favorable weather conditions. The speed limit is normally set to the nearest 85th percentile speed, rounding the speed to the nearest 5-MPH increment. Holzapfel provided a page out of the TMUTCD regarding  Determining the 85th Percentile Speed for clarification.  City Council Minutes - June 13,2023  Page 2 of4    Councilman Weaver expressed his concern regarding overall speeds on FM740 running through our city and asked if there were additional processes that would allow the city to further lower the speed limit on these TxDOT roads, particularly in busy and vulnerable areas? City staff indicated this speed study is the normal process. Holzapfel stated that since this is TxDOT jurisdiction, they will provide the new signs and the City will include the request for additional MOTION: APPROVE ORDINANCE NO. 230613A TO LOWER THE SPEED LIMIT ON FM 740 SOUTH OF GOVERNORS BOULEVARD TO THE SOUTH CITY LIMITTO 45-  signs in the Ordinance.  MPH. MOTION MADE: SECONDED: APPROVED: ABSENT:  KRAUSE CALDWELL RUFFO  PASSEDUNANINOUSLY BY THOSE PRESENT  4.e Discussion and action on a Resolution granting a variance to S 98.05 (3), "GENERAL OUTDOOR LIGHTING STANDARDS," adopted by Ordinance no. 220712a (the Ordinance), which requires streetlights to be installed, repaired, or replaced within five years from the effective date of the Ordinance, shall have a Color Rendering Assistant City Manager Lasher recommended that this item be tabled. City Attorney Marie Johnson clarified that this item requires a public hearing and must be advertised, therefore cannot  Index (CRI) of 80; providing an effective date.  bea acted upon tonight as presented. MOTIONTOTABLE ITEM INDEFINITELY.  MOTION MADE: SECONDED:  MAYOR ELAM CHESTER  Counciman Weaver reiterated the Planning & Zoning Commission's intent at arriving at the CRI requirements and stated that although he supported the intent of this Resolution for this particular situation, he highly advised against revising the Ordinance that would lower the bar unconditionally. The CRI requirement was put in the ordinance specifically to set the bar at a desirable level knowing that we would occasionally have requests with a legitimate need for a variance. Weaver recommended keeping the bar where it is in the ordinance and going through a variance process when needed. City Manager Adams concluded that staff would bring back a use-  specific ordinance change but would not be a blanket for everyone.  APPROVED: ABSENT:  PASSED UNANIMOUSLY BYTHOSE PRESENT  RUFFO  4.f Discussion regarding the City's4th ofJuly Parade and City Council participation. The Council consensus was toi take Councilman Weaver's recommendation of decorating at trailer with signage and 4th ofJuly theme. Mayor Elam stated that this is a wonderful tradition.  5. Council/City Manager Comments  City Manager. Aretha Adams announced that this Saturday, June: 17th, the City will host a Shredding event. located at the' Towne Center Park (behind City Hall) from 8:00 am to 12:00] pm and  welcomed all citizens to participate.  6. Executive Session  At 7:03 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  City Council Minutes - June 13, 2023  Page 3of4    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 Mclendon-Chisholm city limits and extraterritorial jurisdiction; (iii) dispute regarding the creation of Rockwall County MUD No. 10 involving the Trilogy development in Mclendon-Chisholm city limits and extraterritorial jurisdiction; and (iv) North Texas Municipal Water District easement and tree mitigation; Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offer re: (i) City of] Heath VS Molendon-Chisholm, Cause No. 1-22-1204; (i) 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; (iri) North Texas Municipal Water District VS. City of Heath, Cause No. 1-22-0704; and (iv) MC Trilogy Texas, LLC 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: procedures for appointments or reappointments to the Planning & Zoning Commission, Park Board, Board of Adjustment, Architectural Review Board, Take Area Appeals Panel, Heath Municipal Benefits Corporation, and At 7:28 p.m, Mayor Elam closed Executive Session and reconvened the meeting into open session  Heath Economic Development Corporation.  stating that no action was taken in the Executive Session. Mayor Elam adjourned the meeting at 7:291 p.m.  APPROVED: ReEe KELSON ELAM MAYOR  ATTEST:  NORMA DUNCAN femlpr CITYSECRETARY  59  OF  City Council Minutes - June 13, 2023  Page 4of4