MINUTES HEATH CITY COUNCIL  REGULAR CALLED MEETING AND WORK SESSION TUESDAY, MARCH 14, 2023 at 6:30 PM  Work Session  The scheduled Work Session regarding a "Water Update" was cancelled due to lack of a quorum of the  City Council. The Work Session will be rescheduled.  Regular Meeting:  ATTENDING: KELSON ELAM, MAYOR  PAUL: RUFFO, MAYOR: PROTEM JIM CHESTER RICH KRAUSE DONNA! ROLATER BRENTWEAVER  Mayor Kelson Elam called to order thel Regular meeting at 6:30 p.m. Mayor Pro' Tem Ruffo delivered the  Invocation and. led the Pledge of Allegiance.  2. Public Comment  Rodney Robertson, 802 Hubbard Drive and property owner of 806 Hubbard Drive - stated that the road situation in Antigua Bayi is bad due to the construction at the Hubbard Drive. The contractors are bringing in a lot of dirt and not cleaning it off the road sO if there is a heavy rain like we just had, it creates a dangerous situation. Thursday night, Mr. Robertson came home down the hill and tapped his break and could not stop. His truck was in ai mudslide and crashed his vehicle into the fence. He suffered damaged tol his vehicle and asked who is responsible. The Mayor replied that he and the City  Manager would contact Mr. Roberston to address the situation.  3. Proclamations  Mayor Elam read aloud aj proclamation declaring April 2023 as. National Child. Abuse. Awareness and Prevention Month. Present were Patricia Mejia, President and CEO of The Children's Advocacy Center for Rockwall County, Cindy Lindley, Immediate Past President of the Board, and Lauren Rowe, Executive Director with Lone Star CASA. Mejia and Rowe thanked the Council for bringing awareness because awareness is what brings prevention. The Children's Advocacy Center has now been open for full services for five years helping over 2000 families and making a difference in children's lives. Mejia introduced board members that were also present: Kenda Culpepper, District Attorney and Director Emeritus, Sue Reeves, Volunteer Coordinator, Felicia Oliphant, Vice- President, RogerWillamson, leads thel Blue Crew, David Billings, CityofFatel Mayor, GaryFreedman,  Parlamentarian and our partner, Chief Seery.  4. Consent Agenda  4.a Action Regarding the Minutes of the February 28, 2023 Regular Meeting. MOTION: APPROVE CONSENT. AGENDA, ITEMS 4.a REGARDING MINUTES.  MOTION MADE: SECONDED: APPROVED:  KRAUSE ROLATER PASSED UNANIMOUSLY  City Council Minutes - March 14, 2023  Page 1of4    5.a Case No. FP-2022-07 Conduct a Public Hearing and take action on a Resolution grantinga' Variance toi the Heath Code ofOrdinances, $158.070A)4andthe: approved Engineering Design Standards S 2.8, S: 2.9 and. Appendix Ct to allow the construction of a: 22-foot wide private street section for the Final Plat of Foy Lake Estate Addition containing three (3) residential lots on 6.07 acres of land situated in the McKenzie Survey Abstract 157 and the C. Cobb Survey. Abstract 63, located in the City of Heath, Director of Planning Aaron. Adel stated that this item was to conduct a public hearing and take action regarding a request for a variance to allow for a 22-foot wide private street for the Final Plat of the Foy Estates Addition. On Oct 25, 2022, the Council approved the Final Plat of Foy Estates with a variance to allow a 26' paved concrete private street. The standard 31' wide street with curb and gutter will not fit in the 35' easement and provide room for utilities. The applicant's October 25th request included a 24' concrete private street with an open country lane section with drainage bar ditches on each side of the pavement. At that meeting, staff recommended a 26' concrete private street with a depressed curb and gutter section to eliminate the ditches as ditches are a constant maintenance issue. The 26' width is also consistent with the street approved on thei nearby Final Plat of Bromley Estates approved in November 2021. Tonight's request is for a 22' street with 11' lanes. The Paving requirements are: Fire Code: 26' for 501'+ dead-end; Fire Code/NTCOG Amendment: sets a 24' min; Thoroughfare Plan (Local) have a 31' F-F with two 15' lanes; Design Standards (Residential): include 26' with 13'lanes; and Foy/Resolution 221025Aapproved by cc: required a 26' Staff concluded that although the requested 22' width would not adversely affect on-site drainage, the additional. 4-feet ofwhat is currentlya approved pavement width would: further aid the city's ability toj provide emergency response services to the three lots, therefore, staff recommends staying with  Rockwall County, Texas.  with 13' lanes & depressed curb.  the 26' concrete private street.  HEARING to receive comments regarding the request. Mayor Elam opened the public hearing at 6:471 p.m.  Rodney Foy, property owner, 2247 Lafayette Landing, was present to answer any questions and stated that this driveway/street: will serve only three homes on six acres. The driveway will never be a city street and believes his request for 22 feet will keep a green belt feel. Applicant also  referenced a 20 foot wide driveway on the adjacent property. Mayor Elam closed the publicl hearing at 6:53 p.m. Discussion and action regarding the request.  Councilman Weaver clarified that the 20-foot driveway that the applicant made reference to, is a driveway in a gated property leading to only one home. Whereas this private street leads to three homes and by legal definition is a development ofthreel homes, and therefore, is classified as a road not a driveway. Weaver indicated that even though he understood the reasoning behind the applicant's request toi further reduce the width, this had alreadybeen taken into account during the original approval to reduce from 31 feet down to 26 feet, which is the minimum recommended by  the Fire Marshall. Chiefs Seery stated that 26-foot is required by fire code.  MOTION: DENYTHE VARIANCE REQUEST.  MOTION: MADE: SECONDED: APPROVED:  MAYOR ELAM CHESTER PASSED UNANIMOUSLY  5.b Case No. FP-2022-07: Consider and take action on an amended Facilities Agreement between the City ofHeath and Rodney Foy and' Terri Foy reflecting a width reduction toaprivate street from 26-feeti to 22-feet as related tot the Final Plat ofFoyl Lake Estate Addition. (A. Adel) This is a companion case to Agenda Item 5.a above. No action would be required on this item should Item 5.a be denied by the City Council.  City Council Minutes - March 14, 2023  Page 2of4    DirectorofPlanning, Aaron. Adel stated that this item was to consider the amendment toi the Facilities Agreement that would have: facilitated had the request for variance passed on the previous item.  MOTION: DENYTHE REQUEST.  MOTION. MADE: SECONDED: APPROVED:  MAYOR ELAM CHESTER PASSED UNANIMOUSLY  5.c Case No. PV-2023-01: Conduct a Public Hearing and consider approval of an Ordinance granting a Variance to the Heath Code of Ordinances, $71.13 "Parking in Residential and Agricultural Districts" that limits the time, location, and surface materials allowed for the parking of motor vehicles, recreational vehicles, and utility trailers on property described as Lot 15, Candlelite Park #2 Addition, and addressed as 505 Terry Lane. The applicant requests a Variance to allow parking on an Director of] Planning Aaron Adel stated that this item was to conduct a Public Hearing and consider approval of a Resolution granting a Parking Variance in Residential and Agricultural Districts that limits thet time, location, and surface: materialsallowed: fori thej parking ofmotorv vehicles, recreational vehicles, and utility trailers. In response to the city's Code Enforcement notices that were sent in January 2023, the applicant requests a variance to allow for the continued parking of their utility trailer on existing gravel between the rear oft their home and the detached garage in the rear yard. Notices of Public Hearing were sent out on February 27 and was published in the Dallas Morning News and on the city website. Forty-nine notices were mailed to neighbors within 500 feet and six notices were returned, five ini favor and one in opposition. The utility trailer is parked 2001 feet from Terry Land on six-inch packed gravel and the gravel was installed 20+ years ago. The contractor's estimate for a paved pad is $3,500 and mature trees screen the parking location from Terry. City  unimproved surface of gravel. (Rockwall CAD IDNo. 14799)  staffrecommends: approval.  HEARING to receive comments regarding the request. Mayor Elam opened the public hearing at 7:10 p.m  Thomas Rowell, applicant and owner, 505 Terry) Lane, has lived in his home for thirty-two years. Rowell provided aj petition with thirty signatures from his neighbors alli in support ofhis request. Rowell stated that he does not know who filed the complaint and has never talked to anyone that  isi in opposition oft this request. Mayor Elam closed the public hearing at 7:15 p.m. Discussion and action regarding the request.  Mayor Elam confirmed withs staffand clarifiedthatm majorityof code enforcement issues such ast this, are generated because ofac complaint. City Codel Enforcementisi not driving around looking forthese violations and is usually driven by a complaint or is a public safety issue. Councilman Weaver clarified that the gravel had been installed long before the ordinance went into effect and asked if this is applicable under the grandfathered process. Every case is different and in this case there is substantial screening, the trailer sits at a substantial distance from the road, and believes this MOTION: APPROVE RESOLUTION NO. 230314A REGARDING A PARKING  situation warrants approval. VARIANCE. AT 505 TERRYLANE.  MOTION. MADE: SECONDED: APPROVED:  ROLATER WEAVER  PASSED UNANIMOUSLY  City Council. Minutes - March. 14, 2023  Page. 3 of4    6. Council/City Manager Comments  City Manager. Aretha Adams stated that the work session scheduled today at 3:00 p.m. was canceled due to a lack of quorum and would be rescheduled. Adams welcomed new Finance Director, Jay Ayers. Ayers comes with over 16 years of experience from the City of Terrell and we are excited.  Thank you to the stafff for all their work and the council for their support.  7. Executive Session  At 7:24 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. Bar ofTexas clearlyconflicts 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; (iri) dispute regarding the creation of Rockwall County MUD No. 10 involving the Trilogy developmenti in Mclendon-Chisholm cityl limits and extraterritorial jurisdiction; (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 Mclendon-Chisho.m, 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 MUDNo. 10; (ii) North Texas Municipal Water District VS. Cityo of] Heath, Cause No. 1-22-0704; (iv) MCTrilogy Texas, LLC V. City of Heath, et al., Cause No. 3:22-CV-02154-D; (v) acquisition ofa4 4.644 acre parcel for aj pump station and ground storage tank generally located on the southwest side ofHanbyLane, +/-3,100' southeast ofHope Drive, in Heath, Rockwall County, Texas; and (vi) EEOC Charge No. 450-2023-03240; and Section 551.072: To deliberate the purchase, exchange, lease, or value of real property regarding: (i) acquisition ofa 4.644-acre parcel for aj pump station and ground storage tank generally located on the southwest side ofHanbyLane,  +/-3,100'southeast. of Hope Drive, in Heath, Rockwall County, Texas.  At 8:44 p.m, Mayor Elam closed Executive Session and reconvened the meeting into open session  stating that no action was taken in the Executive Session. Mayor Elam adjourned the meeting at 8:441 p.m.  OF  APPROVED: 2000 KELSON ELAM MAYOR  ATTEST:  NORMAI DUNCAN Tdp CITY SECRETARY  City Council Minutes - March 14, 2023  Page 40f4