MINUTES HEATH CITYCOUNCIL  COUNCIL REGULAR CALLED MEETING TUESDAY, FEBRUARY 28, 2023 at 6:30 PM  ATTENDING: KELSON ELAM, MAYOR  PAUL: RUFFO, MAYOR: PROTEM JIM CHESTER RICH KRAUSE DONNA ROLATER BRENTWEAVER  Mayor Kelson Elam called to order the Regular meeting at 6:30 p.m. Councilman Chester delivered the  Invocation and led the Pledge of Allegiance.  2. Public Comment 3. Presentation  Noo one: signed up to speak at the open forum. Texas Police Chiefs. Association Accreditation  CityofRockwall ChiefofPolice, Edward Fowler stated that he was] present and onl behalfofthe' Texas Police Chief. Association Accreditation Program presented the Heath Department of Public Safety and Chief Seery with a Certificate of Accreditation for meeting all the standards oft this program. The Set of Standards include 173 professional standards across the board. Heath DPS is one of 193 agencies in Texas that have achieved this certification, representing the top 7 percent statewide. Mayor Elam and City Manager Aretha Adams stated that they were extremely proud of this accreditation. Chief Seery thanked his staff, council and community fori their support and stated that  hei too was very proud oft this staff.  4. Consent Agenda  4.a Action Regarding the Minutes ofthe February 14, 2023 Regular Meeting.  4.b Discussion and Action Regarding a Resolution Declaring Elected toi the Offices Four Council Members, for City Council Places (1, 2,4, and 6), the Unopposed Candidates for Election to those Offices; Providing thats such Election shall bel Effective as ofMay6, 2023, and that Such Candidates shallTake Office: as Provided: forbyLaw; Providing that thel May 6, 2023, General Election Shall Not Be Held; Providing that a Copy of this Resolution Shall Be Posted on Election Day at Each Polling Place that would have been used in the Election; Providing an MOTION: APPROVE CONSENT AGENDA, ITEMS 4.a REGARDING MINUTES AND  Effective Date.  4.B CANCELLINGTHE MAY6, 2023 ELECTION.  MOTION: MADE: SECONDED: APPROVED:  KRAUSE CHESTER PASSEDUNANINOUSIY  5.a Case No. FV-2023-01: Conduct a Public Hearing and consider approval of a Resolution granting a Variance to S 157.02 (C) ofthe Heath Code of Ordinances that requires fences in the front yard of a residential lot be a maximum height of four feet (4') to allow the construction of a five foot (5) tall wrought iron fence with Austin stone columns at the front property line of] property: addressed as 580 Smirl Drive, further described as Lot1, Block A, The Sanctuary Addition, and zoned (PD-SF) Planned Development for Single Director of Planning Aaron Adel stated that the applicant requests a variance to construct a five- foot black powder coated wrought iron fence with Austin stone columns in the front yard of 580  Family Uses by Ordinance: No. 131210C. (Rockwal CAD No. 87751)  City Council Minutes - February 28, 2023  Page lof3    Smirl Drive. Thisi isasection of a perimeter fence and all other portions oft thei fence design conform to the Fence Ordinance. The Heath Code of Ordinance, $157.02 (C)1 limits thel height offencesi in the front yard abutting a street to four feet (4). A variance for one foot (1) of additional height is required. The current zoning is (PD-SF) Planned Development for Single Family Uses (The Sanctuary). On February 9, 2023, notice was published in the Dallas Morning News and on the city website. Notices were mailed to 34 neighbors within 500 feet. Eight notices were returned in favor and none received in opposition. The applicant states they are requesting the Fence Variance because a four-foot fence is not sufficient for safety and security, the adjacent properties have similar style and height fences and the fence will be completely harmonious with the spirit and purpose oft the fence ordinance consistent with height and style found ini the City of] Heath. Staff recommends approval of granting the additional one foot of fence height for the following reasons: The construction is consistent with the design oft the adjacent fences; Consistency of fence design in this location is in the best interest oft the neighborhood and the community as Smirl isa prominent thoroughfare; and enforcing the four-foot maximum height provision of the Fence  Ordinance does not serve its intended purpose. HEARING to receive comments regarding the request. Mayor Elam opened the public hearing at 6:50 p.m.  David Sachs,] propertyowner, 580 Smirl Drive - stated that he was] present tonight tol help answer Justin Henderson, fence contractor, 2175 Lake Estates Drive, Rockwall, Tx. = was present to  any questions and introduced this fence contractor, Justin Henderson. answer questions and clarified some council concerns. Mayor Elam closed the public hearing at 6:52] p.m.  MOTIONTO. APPROVE. MOTION MADE: SECONDED:  ROLATER RUFFO  Councilman Weaver commented that perimeter fences around developments are: allowed tol bei taller than four feet and in alll legal aspects, this is part oft the Sanctuarydevelopment. The Sanctuaryfence could have run continuously: from where it currently corners across both oft these properties but in this case these fences arel being builti individuallyand: separately. Weaver reiterated that this Council is consistent in not allowing taller fences that are directlyabutting: a publics sidewalk; and ini this case  this proposed fence: is setl back approximately 40 feet from the street.  APPROVED:  PASSED UNANIMOUSLY  5.b Discussion Regarding the Comprehensive Plan Update Consultant Selection Process. Director of Planning Aaron. Adel stated that staffi is working on creating a 2023 Comprehensive Plan update from the 2018 plan. The RFQ was issued on January 20 and staff set a response deadline of February 23. One response was received and it was from Pelaton Land Solutions. Staff will review the submittal and bring back a recommendation and a contract for council to review and consider approval at the March 14th Council Meeting. A seven person Steering Committee will be formed to include members of the Council, P&Z, EDCand ARB and some key staff members. A Project Kick- Off Meeting with the Steering Committee will be set in April. The project timeline from kick-offi to  adoption depends on the consultant's workload and thei final project scope.  6. Council/City Manager Comments  City Manager, Aretha Adams stated that a Work Session will be scheduled at 3:00 p.m. on March 14th prior to the regular council meeting regarding a comprehensive water update presentation. We are quickly entering the warmer months and we will discuss our approach to that and provide some education. Adams announced the hiring of Finance Director Jay Ayers who will be starting  City Council. Minutes - February. 28, 2023  Page 2of3    tomorrow. Congratulations to Chief Seeryand] his staffi fort this much deserved accreditation. Mayor  Elam stated that he and the council arel herei to support staff.  7. Executive Session  At7:05 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 Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter, regarding: (i)zoning and plattingstandards, Local Government Code: shot clock, and' Trilogy final plat; (ii) Trilogy development in Melendon-Chisholm city limits and extraterritorial jurisdiction; (iii) dispute regarding the creation of Rockwall County MUD No. 10 involving the Trilogy development in Melendon-Chisholm city 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 Meclendon-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; (ii) North Texas Municipal Water District VS. City of Heath, Cause No. 1-22-0704; (iv): MCTrilogy Texas, LLC V. City of Heath, et al., Cause No. 3:22-CV-02154-D; and (v) acquisition of a 4.644-acre parcel for aj pump station and ground storage tank generally located ont the: southwest: sideofHanbylane, +/-3,100' southeast of] Hope Drive, in Heath, Rockwall County, Texas; and Section 551.072: To deliberate the purchase, exchange, lease, or value of real property regarding: (i) acquisition ofa4.644-acre parcel forapump station and ground storage tank generally located ont the southwest aleoflmlylma--3io0: southeast ofH Hope Drive, in Heath, Rockwall At 7:58 p.m, Mayor Elam closed Executive Session and reconvened the meeting into open session  County, Texas.  stating that no action was taken in the Executive Session. Mayor Elam adjourned the meeting at 7:58 p.m.  OFHEA  APPROVED: Tosk KELSON: ELAM MAYOR  ATTEST:  59 B  NORMA DUNCAN Tmdi CITY SECRETARY  OF  City Council. Minutes - February 28, 2023  Page. 3 of3