MINUTES HEATH CITYCOUNCIL TUESDAYJULY 9, 2024 at 6:30 PM  ATTENDING: JEREMIAH MCCLURE, MAYOR  PAULRUFFO, MAYOR PROTEM SHARON CALDWELL SCOTT DODSON RICH KRAUSE RYANMOORMAN BRENTWEAVER  Mayor. Jeremiah McClure called to order the Regular meeting at 6:31 p.m. Councilman Weaver delivered  the Invocation and led the Pledge of Allegiance.  Public Comment  Thomas Bishop, 800 Britton was present on behalf oft the McCummens Home-Owner's Association and expressed concerns regarding thel horrible conditions ofH Hubbard Drive. Bishop asked the Council forac defined schedule, publish a schedule and adhere toi it sO we can know what is happening.  Consent Agenda  4.a Action Regarding the Minutes oft the. June 25, 2024 Regular Meeting.  MOTION:APPROVECONSENSENTAGENDAREGARDINGTHEJUNE 25, 2024 MINUTES.  MOTION MADE: SECONDED: APPROVED:  WEAVER DODSON  PASSED UNANIMOUSLY  4.a Case No. FV-2024-05: Conduct a Public Hearing and act on a Fence Variance to Fence Ordinance $ 157.03 and $ 157.05 of the Heath Code of Ordinances that require 75% transparency per linear foot for fences ini the front yard for property addressed 7229 FM 549 and 7235 FM 549. For 7229 FM 549, a variance is required to allow 0%1 transparency for the entire length of the fence to permit a solid masonry wall, resulting in a 100% reduction of the transparency requirement. For 7235 FM 549, a variance is required to allow 0%1 transparencyt toj permit solid masonry) panels for: 179 feet ofthe total fencel length of468 feet, resulting in a 100% reduction in thet transparency requirement for 38% ofthe fence length. The remainder of the fence length at 7235 FM 549 consists of wrought iron panels that comply with the Fence Ordinance. The two properties are: further described as Abstract 231, A. Rodriquez Survey, Tracts 12-9 and 12-4, City of Heath, Rockwall Assistant City Manager. Aaron Adel stated that the City Council approved a Conditional Use Permit fori the gatehouse at their. June 11th meeting. This casei tonighti is a companion toi the CUP requesting afence variance. On June 11th, there were: somei inconsistencies between thej public notice published compared to the request that required staff to renotify the public hearing to clarify the specific request that is on the application. On June 21s, a second round of neighborhood notices were mailed. Seven responses were received, five in favor and two in opposition. The estate is 35 acres and there is over 35,000 SF of constructed or approved structures including the gatehouse. The combined lot width along FM 549 is 638.91 feet. The proposed fence at 7229 FM 549 does not comply with $157.03 and $157.05 which requires 75% total open area per linear foot. The Fence Variance requests 0% transparency per linear foot for the entire length of the fence and gate. The proposed fence at 7235 FM 549 for 179 feet of total length and does not comply with $157.03 and $157.05 which require 75% total open area per linear foot. The Fence Variance requests 0% tamgparenyper-inearfot for 1791 feet tofthei fence. length. Applicant Darren Mabry, MabryCustom Homes, 908 English Road, Rockwall, TX, stated that he wasi the general contractor and designer of  County, Texas. (Rockwall CAD No. 71735 and 53084).  the project and was present to answer any questions.  City Council. Minutes - June. 25, 2024  Page 1of3    HEARING to receive comments regarding the request. request, Mayor McClure closed the public hearing at 6:50] p.m. Discussion and action regarding the request.  Mayor McClure opened the public hearing at 6:49 p.m. and no one present to speak regarding this Councilman Weaver stated that he was comfortable approving the guard building last month after deliberation but not the: fence variances stating that the Fence Ordinance hasl beeni in place for a long time and was put in place with the intention of preventing ac compound-type aesthetics by preserving more of the open space and that he could not support compromising that aesthetics and would not set] precedent. Council majority was not in support, but Councilman Moorman stated that the fence design was amazing, would beautify the property and would not hinder the original sign ordinance. The applicant asked if! he could present a different fence design at this time. Council discussed and determined it best to consider and act only on the design provided in the application and  corresponding publicnotice. MOTION MADE: SECONDED: For Denial: Against Denial:  MOTION: DENYWITHOUT PREJUDICE, AS PRESENTED.  WEAVER RUFFO MOORMAN  DENIALAPPROVED BYAVOTE OF SIXTOONE  CALDWELL, DODSON, KRAUSE, MCCLURE, RUFFO, WEAVER  4.b FP-2024-07: Consider and act on the Final Plat of H. Michel Gibson Estates, a two-lot residential subdivision in the City of Heath ExtraterritorialJurisdiction on 39.989 acres of property addressed 20724 FM 740 and further described as Owen Slaughter Survey, Abstract. No. 461 and 240,Joshua Canter Survey, Kaufman Countyand: Rockwall County, Texas. (Kaufman CAD: 13297,3730, and 56920; Rockwall CAD 13297K, 3730K, and 56920K) Assistant City Manager Aaron Adel stated that the applicant requests the plat to facilitate the construction ofa a house. The propertyisi int the ETJ and is not assigned to a zoning district. Per the Development Agreement, the Cywdinatmodmayme, provided: May notl bes subdividedinto parts smaller than three (3) developable acres; Allowed: Ag, wildlife, timber, residences, home occupations, accessory uses... ;No Special Districts PIDs, and MUDs; The city enforces all building codes, permits, inspections, and sub regs and if the property is annexed in the future, it may be developed at one unit per developable acre. On June 11th, the City Council accepted the applicant's request for a 30-day extension to resolve fire protection fort the property. The proposed subdivision are Lot 1 for 35.414 acres and Lot 2 for 4-575 acres. The plat conforms to the Development Agreement, the Futurel Land Use Plan, and the Subdivision Regulations with thei followinge exception: Per $158.11, the applicant must provide an amended letter from Forney Lake WSC stating they can provide sufficient water pressure: and volume for domestic use and fire protection. Int the absence of the required letter from Forney Lake WSC, the applicant provided a quote dated June 20, 2024, for ai fire protection system and requests a variance to approve this system in lieu of the required water pressure and volumel letter from Forney. Lake WSC. Chief Brandon Seery and City Engineer Richard Dormier were present to answer any concerns. Brandon Peterson, Fire Marshal addressed flow rate and stated that the flow from FLWSC to run a residential house-wide sprinkler system is approximately, 500-1000 GMPs, however, this system has its own water tank and can operate on; 30- 50 GMPS. Peterson clarified some flow concerns by stating that the Fire-Protection Engineer that will install the residential will do a hydro flow test before they install the system and design the system to meet the requirements. Applicant and property owner Michel Gibson was present to answer any questions and commented that the system that he isi installing is an H2hOme residential MOTION: APPROVE WITH FOUR CONDITIONS: 1. INTHE. ABSENCE OFTHE REQUIRED LETTER FROM FLWSC, THE FIRE-TECH PROTECTION SYSTEMS QUOTE DATED JUNE 20, 2024, FOR A FIRE PROTECTION SYSTEM MUST BE INSTALLED TO PROVIDE ADEQUATE LIFE SAFETY COVERAGE; 2. THE FIRE PROTECTION SYSTEM SHALL BE DESIGNED BY A LICENSED FIRE PROTECTION AGENT OF THE STATE; 3. THE CONTRACTOR WILL BE RESPONSIBLE FOR SUBMITTING PLANS TO A THIRD PARTY  fire protection pump with a 400 gallon tank.  City Council. Minutes = June 25, 2024  Page 2of3    FOR REVIEW BY A FIRE PROTECTION ENGINEER; AND 4. A BUILDING PERMIT IS  REQUIREDTOINSTALLTHE FIRE PROTECTION SYSTEM.  MOTION MADE:  RUFFO  Motion Died for Lack ofa Second  Councilwoman Caldwell asked to clarify the motion to reference a standard after condition no. 1. AMENDEDI MOTION: APPROVETHE: FINALPLATWITH FOURCONDITIONS: 1.1 INTHE ABSENCE OF THE REQUIRED LETTER FROM FLWSC, THE FIRE-TECH PROTECTION SYSTEMS QUOTEI DATED JUNE: 20, 2024, FOR A FIRE: PROTECTION SYSTEM MUST: BE INSTALLED TO PROVIDE REQUIRED LIFE SAFETY COVERAGE IN ACCORDANCE WITHTHE: 2018FIRECODE REGULATIONS; 2.' THEI FIREI PROTECTION: SYSTEM: SHALL BE DESIGNED BY A LICENSED FRE PROTECTION AGENT OF THE STATE; 3. THE CONTRACTOR WILL. BE RESPONSIBLE FOR SUBMITTING PLANS TO A' THIRD PARTY FOR REVIEW BY A FIRE PROTECTION ENGINEER; AND 4. A BUILDING PERMIT IS  REQUIRED TO: INSTALLTHE FIRE: PROTECTION: SYSTEM.  MOTION MADE: SECONDED: APPROVED:  RUFFO WEAVER  PASSED UNANIMOUSLY  5. Council/City Manager Comments  City Manager Lasheri introduced Director ofI.T. Danny McDermott and welcomed him aboard and also thanked Suzanne, the Volunteers, Special Events, City Council, Public Works and DPS for making the 4th ofJuly parade a huge success. Councilwoman Caldwell acknowledged the volunteer groups and asked that they be recognized for their hard work. Mayor McClure gave a shout-out to everyone, stating that the 4th of July parade is always a favorite and he also thanked everyone regarding the water situation. We need everyone's help and it takes a community, we want to come together to avoid going into higher stages of water restrictions and we: must regulate.  6.1 Executive Session  At7:36p.m., Mayor McClure 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: Consultationwith Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules ofl Professional Conduct oft the State. BarofTexas clearlyo conflictswith this chapter, regarding: (i) zoning and platting standards, Local Government Code shot clock, and Trilogy final plat; and ()Trilogy development inl Mclendon-Chisholm citylimitsa and eatratemrtorialjuraliction: Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offer regarding: (i) MC Trilogy Texas, LLC V. City of Heath, et al., Cause No. 3:22-CV- 02154-D; (ii) City of Heath V. Melendon-Chisholm, Cause No. 1-22-1204; and (iri) North Texas Municipal Water District V. City of Heath, Cause No. 1-22-0704; and Section 551.072: Deliberate In accordance with Texas Government Code, Chapter 551, The Mayor closed Executive Session and reconvened thei meeting into open session at 8:17p.m. stating no action was taken in the Executive Session.  the purchase, exchange, lease, or value of real property regarding: DPS Property.  Mayor McClure adjourned the meeting at 8:17p.m.  OF HE  APPROVED:  ATTESTI DUNCAN NORMAI CITY SECRETARY  JEREMIAH MCCLURE MAYOR City Council Minutes- -June. 25, 2024  Monalar  A  OF  Page3of3