MINUTES HEATH CITY COUNCIL TUESDAY, MARCH 28, 2023 at 6:30 PM  ATTENDING: KELSON: ELAM, MAYOR  JIM CHESTER RICH KRAUSE DONNA ROLATER BRENTWEAVER  ABSENT: PAULRUFFO, MAYOR PROTEM  Mayor Kelson Elam called to order the Regular meeting at 6:30 p.m. Councilman 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 March 14 Regular Meeting.  MOTION: APPROVE CONSENT AGENDA, ITEMS 3.a REGARDING MINUTES  MOTION MADE: SECONDED: APPROVED: ABSENT:  CHESTER KRAUSE RUFFO  PASSED UNANIMOUSLY BYTHOSE: PRESENT  4.a Case ZTA-2023-02: Conduct aj public hearing and act on an amendment to Ordinance No. 111220B, as previously amended by Ordinance No. 03094C, establishing the Heath Crossing single-family development, by amending residential lot regulations to allow certain single-family residential building to have a minimum roof pitch of 5/12 as-of- right without the need to secure a Conditional Use Permit (CUP) with the condition that such single-family residential buildings be built with an exterior design conforming to certain architectural styles defined as Mediterranean, or Spanish Revival. Assistant City Manager Kevin Lasher stated that this was a Public Hearing regarding the consideration of amending an Ordinance for Heath Crossing Single Family Development to revise the minimum roof pitch of5/12 as a right without the need for a Conditional Use Permit (CUP) with the condition that a house with that lower roof pitch would be designed with an exterior design that would conform to what we are defining at Mediterranean or Spanish Revival style of architectural. We are amending the PD ordinance per Section 2. (c)6of PD Ordinance 111220B, establishing the Planned Development District (PD) for the Heath Crossing subdivision, requires aminimum roofpitch of8 8:12and anything else would require CUP. Overe eight CUP requests have been submitted in the past. At the June 23, 2020 meeting, the City Council suggested that the developer of the Heath Crossing subdivision (TR Heath Partners, LTD. c/o Thompson Reality) work with the City in revising the PD Ordinance to allow a 5:12 roof pitch for these specific architectural styles. On March 8, 2022, staffinformed the Commission that thej project developer was in agreement with the proposed amendment described by the City Council. On February 24, 2023, 3971 notices were: mailed to allj property owners inside the boundaries of the Heath Crossing Planned Development (PD) area and to property owners within 500 feet of the PD area. Sixteen notices werer returned, eleven responses: arei in favora and five in opposition. Noticeofthis) proposed PD zoning amendment was also published in the Dallas Morning News and posted on the City's internet website. Lasher stated for the record that this publicl hearing did noti involve the addition of new lots in the subdivision and was strictly for the amendment to the PD ordinance regarding roof pitch. The goal for the Heath Crossing Roof Pitch Reduction would allow homes designed in  City Council Minutes - March. 28, 2023  Pagelofs    aMediterranean or Spanish architectural stylet tol have ai roof pitch that's less than the 8:12 without the need for a CUP. The objective is to establish minimum standards based on historical documentation and examples oft the desired architectural style. Lasher provided example pictures ofMediterranean style and Spanish style homes with clay roofs tiles and explained non-compliant examples for both. At the March 7, 2023, P&Z meeting, the Commission unanimously recommended approval of this amendment. Staff also recommends approval with the following modifications: Setion203-Rel.mat brown-colored clayr rooftiles. either flat orl half-barrel styled (orhalf-tubed). Grey-colored rooftilesa are tol bec discouraged. Mayl be composed of concrete- type materials of the same color and shape. No metal, standing seam, or composition roofing materials are allowed. Section 2. (b): 3 - Red, tan, or brown-colored clay roof tiles, either flat or half-barrel styled (or half-tubed). Grey-colored rooft tiles are tol be discouraged. May be composed of concrete-type materials oft the same color and shape. No metal, standing seam, or composition  roofing materials are allowed.  HIEARING to receive comments regarding the request. request, Mayor Elam closed the public hearing at 6:52] p.m. Discussion and action regarding the request.  Mayor Elam opened the public hearing at 6:52 p.m. and no one present to speak regarding this  City Council continued discussion and the consensus was in support oft the request. MOTION: APPROVE WITH STAFF'S RECOMMENDED CHANGES INLANGUAGE.  MOTION: MADE: SECONDED: APPROVED: ABSENT:  WEAVER ROLATER RUFFO  PASSED UNANIMOUSLY BYTHOSE PRESENT  4.b Case No. SP-2022-02: Consider and act on a Site Plan for The Social Hall of Heath, a proposed 3,395 square foot mixed-use commercial building on 0.955 acres ofland in the J Cantor Survey, Abstract 53, Tract 30. The site is zoned Planned Development (PD) District for Local Retail uses by Ordinance No. 170912A. The property is located approximately 1,000 feet southwest of the intersection of Smirl Drive and Hubbard Director of Planning Aaron Adel stated that this item was: for the consideration of the Site Plan for the Social Hall of Heath. We previously reviewed an amendment proposal for the Planned Development (PD). The applicant has now withdrawn that application and proceeded with adjusting the Site Plan and to confirm with the existing PD zoning with one exception. The owner is Banquet Hall Builders, applicant is Parker Hall and the propertyincludes a residential structure tol be remodeled and expanded to a proposed 3,395 SF mixed-use commercial building. The site is 0.955acresand: zoned (PD-LR). Adel provided history,on1/17/22, the. ARBI began site! plan review of the previous PD amendment; P&Z denied on 12/06/22; Council remanded the PD. amendment backt tol PRZono/o3/23and. P&Z denied again; In. Jan & Feb: 2023, following P&Z'ssecond denial, the applicant withdrew the PD amendment application and revised site plan submittal. On 02/23/23, ARB approved the revised site plan with four conditions; On 03/07/23, P&Z approved with two conditions. All parking is now located in the side yard and rear yard of the property. Twenty-five parking spaces are provided to meet the requirements for the planned restaurant use ofseventy-five seats. There is a fire hydrant in a sufficient location to serve the property. The Fire Marshall approves thej proposed single point of access andj parking layout with as 30' drive aisle and hammerhead turnaround. The photometric plan conforms to the Outdoor Lighting/Dark Sky Ordinance ini the Heath Code of Ordinances, Chapter 98.1 The applicant will not remove anye existing trees and a treescape plan will be required with the building permit application. The applicant is required to show the location and type of signage planned. The PD-LR Ordinance requires two points of access but the Fire Marshall approved placing the parking to the side and rear of the property is possible with one driveway and a hammerhead turnaround. Staff recommends  Drive. (Rockwall CAD IDI No. 10459).  City Council Minutes - March. 28, 2023  Page2ofs    amending the PD to remove the second access point requirement. This amendment willl be a staff- initiated effort. Public notice and hearings will be required. The ARB unanimously recommended approval of the Site Plan with the following conditions: 1. The location of signage must be added to the site plan. 2. Staffi initiates an amendment to the PD to remove the second point of access requirement; and 3. The. ARBj prefers the second story expansion with modifications. The Planning and Zoning Commission recommended approval withi thei following two conditions: 1.' Thel location of signage must be added to the site plan; and 2. Successful amendment of PD Ordinance No. 170912A to remove the second point of access requirement. This will be a staff-initiated PD Staff feels that the signage question has been addressed satisfactory and staff is recommending approval contingent upon the PDI being successfully: amendedtor remove the second point ofaccess. Councilman Weaver stated that the submitted photometric plan was for the previously withdrawn site plan and does not match the current site plan. Normally aj photometric plan is part ofs site plan approval sO we need a condition of approval pending an acceptable photometric plan. Weaver commended the ARB for softening up the upper gable balcony that helped its appearance and thanked the applicant for revamping the overall design to comply with the existing PD requirements. Adel clarified that the photometric plan will be confirmed to be in compliance with MOTION: APPROVECONTINGUENTUPON. FINALAPPROVALOFTHECHANGETO  Ordinance amendment.  the Site Plan.  THEI PLANNED DEVELOPMENT.  MOTION. MADE: SECONDED: APPROVED: ABSENT:  MAYOR ELAM CHESTER RUFFO  PASSEDUNANINOUSIY BYTHOSE PRESENT  4.c Discuss and Act on a Resolution of the City Council of the City of Heath, Texas providing for Authorized Signatories to the City's Accounts with TexPool: Director of Finance Jay Ayers stated that the City has various investment accounts with TexPool and they require that we approve a Resolution amending authorized representatives to help MOTION: APPROVERESOLUIONNO. 230328B REGARDINGTEXPOOLLOCATION  providing an effective date.  manage these accounts on behalfoft the City.  NO. 78135 AMENDING. AUTHORIZED REPRESENTATIVES.  MOTION MADE: SECONDED: APPROVED: ABSENT:  MAYOR ELAM ROLATER RUFFO  PASSED UNANIMOUSLY BYTHOSE PRESENT  4.d Discuss and Act on a Resolution of the City Council of the City of Heath, Texas providing for Authorized Signatories to the City's Accounts with American Director of Finance Jay Ayers stated that our bank depository is American National Bank and they house all our operating funds and a similar Resolution authorizing signatories for the Cityaccounts MOTION: APPROVE RESOLUTION NO. 230328A REGARDING AUTHORIZED  National Bank: providing an effective date. with American National Bank is required.  SIGNATORIESTOCITY, ACCOUNTS. AND BANK.  MOTION MADE: SECONDED: APPROVED: ABSENT:  KRAUSE MAYOR ELAM RUFFO  PASSED UNANIMOUSLY BY THOSE PRESENT  City Council. Minutes - March. 28, 2023  Page3ofs    5. Council/City Manager Comments  Assistant City Manager Kevin Lasher provided an update to the City Manager's family situation that caused her absence tonight and announced that Saturday, April 8th is the Heart of Heath 5K family run and encouraged everyone to register. Councilwoman Rolater proposed that the City purchase a table at the 7th Annual Go Blue for Kids Gala hosted by the Rockwall County Children's Advocacy  Center on Saturday, April 29th, 6. Executive Session  At7:31 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 ofthe State BarofTexas 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: citylimits and extraterritorial; jurisdiction; (iri) dispute regarding the creation of Rockwall County MUD: No. 10involving the Trilogy developmenti in Melendon-Chisholm city limits and extraterritorial jurisdiction; (iv) North Texas Municipal Water District easement and tree mitigation; (v) Hubbard drive condemnation for additional right of way; (vi) TxDOT widening FM740 and city legal remedies. Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offer re: (i) City of Heath VS McLendon- 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; (iii) North' Texas Municipal Water District VS. CityofHeath, Causel No.: 1-22-0704; (iv)I MCTrilogy Texas, LLCCityofHeath, et: al., Cause No. 3:22-CV-02154-D;: and (atquistionofa46a4: acre parcel for a pump station and ground storage tank generally located on the southwest side ofl Hanby Lane, +/-3.100'southeast: ofHope Drive, inl Heath, Rockwall County,' Texas; (pubicinformation request regarding Attorney General ruling OR2023-08777 issued March 10, 2023; and Section 551.072: To deliberate the] purchase, exchange, lease, or value ofr real property regarding: (i)a acquisition ofa4.644 acre parcel for a pump station and ground storage tank generally located on the southwest side of Hanby Lane, +/-3 3,100' southeast of Hope Drive, in Heath, Rockwall County, Texas; (ii) acquisition of two parcels of land containing 0.115 acres of land (Rockwall CAD Property I.D. No. 10452) and 0.072 acres ofland (Rockwall CAD: Property1.D.. No. 10477) at 802 Hubbard Drive, generallylocated at 806 Hubbard. Drive and 802 Hubbard Drive, respectively, in Heath, Rockwall County, Texas. At 8:36 p.m, Mayor Elam closed Executive Session and reconvened the meeting into open session MOTION: AUTHORIZE THE CITY ATTORNEY TO FILE A LAWSUIT TO APPEAL  stating that no action was taken in the Executive Session. ATTORNEY GENERALRULING NO. OR2023-08777-  MOTION MADE: SECONDED: APPROVED: ABSENT:  CHESTER MAYOR ELAM RUFFO  PASSED UNANIMOUSLY BY THOSE PRESENT  8a. Discuss and Act on the potential purchase of additional right-of-way, and potential construction design changes, and modifications to paving type, for Hubbard Drive. City Engineer, Richard Dormier stated that two additional parcels need to be purchased to construct. Hubbard Drive as originally planned ini the area between Scenic: north and the Hubbard Drive Causeway. Ifthe purchase is not approved by City Council or accepted by the landowner, the alternative would bet to reduce thel back of curbi to back ofc curb width ofHubbard Drive from 31 feet to 27 feet wide between Scenic: north and the causeway bridge. Aj preliminary redesign has been  City Council Minutes - March. 28, 2023  Page 40 of5    performed to verify the 27-foot wide street can be constructed in the existing right-of-way. In addition, possible design modifications to reduce construction time will be presented. Dormier also presented alternate paving types that could slightly speed up the construction and thei impacts of these paving types. Mayor Elam thanked Dormier and stated that he appreciated the idea of MOTION: AUTHORIZE CITY STAFF TO NEGOTIATE RIGHT-OF-WAY AT 806  trying to speed things up regarding this project. HUBBARD DRIVE. AND 802 HUBBARD DRIVE.  MOTION. MADE: SECONDED: APPROVED: ABSENT:  MAYOR ELAM CHESTER RUFFO  PASSEDUNANNOUSAY BY THOSE PRESENT  Mayor Elam adjourned the meeting at 8:41 p.m.  APPROVED: Lhs KELSON ELAM MAYOR  ATTEST:  NORMA DUNCAN CITY SECRETARY  Mmflen  OF E  59  EOF TEI  City Council. Minutes - March. 28, 2023  Page 5of5