MINOTES HEATH CITYCOUNCIL REGULAR CALLED: MEETING TUESDAY, OCTOBER 22, 2024 at 6:30 PM ATTENDING: JEREMIAH MCCLURE, MAYOR RICH KRAUSE, MAYOR PROTEM SHARON CALDWELL SCOTT DODSON (via zoom) RYAN: MOORMAN PAUL RUFFO BRENTWEAVER Mayor Jeremiah McClure called to order the Regular meeting at 6:30 p.m. Councilman Paul Ruffo delivered the Invocation and led the Pledge of Allegiance. No one signed up to speak at the open forum. 3. Council/City Manager Comments 2. Public Comment Assistant City Manager. Aaron Adel thanked everyone: fort their patiencei in looking foraj parking space during thel Early Voting in the Community Room.' Thank you to Public Works field: stafff for their work all: summer. keeping thei maintenance upi in our community. Towne Center Parki is officiallyclosed. and thei fencing is up. Congratulations to Rush Creek Yacht Club forl hosting ai fantastic world-class event last week, they had over one hundred boats from fourteen countries competing. The current newsletter has been mailed in the utility billing and includes budget and water planning. Events coming up are the Veteran's Day Ceremony on Monday, November 11 at Rush Creek Yacht Club, The Holiday: in the Park is postponed this year and we. have partnered with Hidden Creek and will hold thei first Heath Holiday Market on] November 23 from 4:00] p.m. to 9:00] p.m. Councilwoman Caldwell asked to addi the wateri tickets on the agenda. Councilman Ruffo clarified that' Towne Center Park will be closed for approximately: fourteen months and planned to open for the 2025 Holidayi in the Park. Mayor McClure stated that thel Rockwall Countyl Mayors are working with Senator Bob Hall regarding affordable housing as this issue needs to be addressed in the upcoming Legislature Session and we encourage all residents to reach out to Hall's office. County Judge Newi is working together as Heath will be represented. 4. Consent Agenda 4.a Action Regarding the Minutes oft the October 8, 2024 Regular Meeting. HydroPro Solutions for Water Meters Exceeding $50,000. 4.b Action Regarding Resolution No. 241022A Authorization of Combined Purchases from MOTION: APPROVE ITEMS 4.a OCTOBER 8, 2024 MINUTES AND 4.b REGARDING RESOLUTION NO. 241022A HYDROPROSOSOLUTIONS FOR WATER METERS. MOTION MADE: SECONDED: APPROVED: 5. Executive Session KRAUSE CALDWELL PASSED UNANIMOUSLY (Dodson attending via Zoom) At 6:41p.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 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) Case No. ZA-2024-01 and (i) Case No. ZA-2024-03 City Council Minutes - October. 28, 2024 Page 1of7 In accordance with Texas Government Code, Chapter 551, Mayor McClure closed the Executive Session and reconvened the meeting into open session at 7:22 p.m. stating that no action was taken 7.a Case No. ZA-2024-01: Discussion and Action Regarding an Ordinance changing the zoning designation from (A)Agricultural District to (PD-SF) Planned Development for SF-43 Single Family Residential Uses on 158.613 acres of property located at the northeast corner of the intersection of FM 740/Ridge Road and Heathland Crossing adjacent to White Road, and further described as Abstract 207, E. Teal Survey, Tract Directoro of Community Development David Gonzales, stated that this is ai familiaritem asi itl has been before the Council several times. The request is for a zoning change from Agricultural to Planned Development for Single Family Residential Uses on 158.613 acres. The Public Hearing was notified on May 14, 2024, and republished on August 10, 2024. Gonzales provided a series of motions and actions that have taken place in earlier meetings. The last action was made on October 8, 2024, tabling thei item to the October 22, 2024, Council Meeting. Staffhave received ai revised Concept Plan and that is what will be reviewed this evening. The presentation provided a side-by-side comparison of the original plan and the revised onei includes the following additions and changes: Reduction in lot count from 115 SF lots to 110 SF lots; Addition of a proposed water well site; Addition of a trail system from Ridge Road to White Road; Addition of a pocket park; Addition ofa dock at the large pond; Addition of a second primary entrance to the north along Ridge Rd; 30-ft landscape buffers along Ridge Road and Heathland Crossing; Connecting internal roads by removal oft the cul-de-sacs, Open space has increased from 17.84 acres to 21.73 acres; Gross Family Residential density verified; Existing and proposed trees; Screening along Ridge Road within 30-ft. landscape buffer; Phase line Information; Site Key information; Phasing Chart; Density & Dimensional Key; Enginer/Plamse/Owmer: Vicinity Map; Setback lines; Adjacent land uses/existing zoning; and Minimum size dwelling unit to 3,900SF. Mayor McClure clarified for the record that Case No. ZA- 2024-01 is a PD that was requested tol be withdrawn, and the Council did not withdraw but instead tabled the item. The applicant, Mike Boswell, Toll Brothers, 2555 S.W. Grapevine Pkwy, Grapevine, TX provided a presentation on the revised Planned Development Concept Plan addressing the revisions and identified the request for a modification to the tree preservation ordinance. MOTION: TABLE ITEM' TOTHEI NOVEMBER 12, 2024 COUNCIL MEETING. int the Executive Session. 55, City of] Heath, Rockwall County, Texas. (Rockwall CAD No. 12706). MOTION MADE: SECONDED: APPROVED: KRAUSE MOORMAN PASSEDUNANINOUSLY (Dodson attending via Zoom) Mayor McClure gave staff direction regarding Casel No. ZA-2024-01, to re-notice: for a public hearing to be held at the November 12, 2024 Council Meeting. Weaver clarified that the re-noticing will 7.b Case No. ZA-2024-03: Continue a Public Hearing and act on an Ordinance changing the zoning designation from (A). Agricultural District to (SF-43) Single Family Residential District on 158.613 acres ofpropertylocated ati thei northeast corner ofthei intersection of FM 740/Ridge Road and Heathland Crossing adjacent to White Road, and further described as Abstract 207, E. Teal Survey, Tract 55, City of Heath, Rockwall County, Director of Community Development David Gonzales, stated that thel background on this item is the same ast thej previousitem. The item was tabled ati thej previous Council meeting tot tonight's meeting. This is a straight zoning application with no concept plan, and the applicant has stated on the record utilize the same: mailing list and the same: notification process as used before. Texas. (Rockwall CAD) that they will follow all city ordinances. HEARING to receive comments regarding the request. Mayor McClure continued the public hearing at 8:05 p.m. City Council Minutes - October. 28, 2024 Page 2of7 Mike McClard, 217 Blue Heron - stated that it makes it difficult to be engaged on this highly contested zoning change when the meeting packet and the presentation tonight do not match. We as citizens want to be more involved but we need more time to review. We rely on the Planning and Zoning Commission to bet the first level of acceptance to the Comprehensive Plan. Making changes adl hoci is not good, and iti is recommended that P&Zhasi its sayi in these changes. Brad Larson, 2000 Kings Pass - stated that there was a discrepancy: ini the original mailing ofthe notices to the homeowners, some did not receive a notice, and we should re-look at the thirteen notices in favor. It appears to be dirty trickery in how this PD: is notified again and again. Itis concerning that on social media, a well-known realtor in Frisco rated a large group of home builders and rated Toll Brothers with an "F". This propertyisag gatewayi into our community: and this builder is not up to our standards. Larson recommended sending the case back to the Andrea Woodworth, 103 Sawgrass Drive - stated that this whole thing feels slimy. Whaty you have on) your desk in front of you is different from what is on the screen and different from what isi in Mayor McClure stated that this casel has come a verylo long way and agrees that this is something that the Commission is established to address. The applicant is hearing the concerns, and the applicant has stated they would adhere to our ordinances. Councilman Weaver stated that although the PD application has some positive movement, but feels that in order to warrant consideration from the City Council recommends going through the full process and sending the case back through the Planning and Zoning Commission because they have never seen this., Councilman Ruffo agreed. Mayor Pro' Tem Krause clarified that ifthis case goes backt tol PRZandifP8Zaproves, then the City MOTION TO CONTINUE THE PUBLIC HEARING AND TABLE ITEM TO THE Planning and Zoning Commission before bringing it back toi the City Council. the meeting packet, and it is recommended to send this case back to P&Z. Council will nol longer need the supermajority vote to approve. NOVEMBER 12, 2024 COUNCILMEETING: MOTION MADE: SECONDED: APPROVED: For: Against: CALDWELL KRAUSE WEAVER PASSED SIXTO ONE (Dodson attending via zoom) CALDWELL, DODSON, KRAUSE, MCCLURE, MOORMAN, RUFFO 7.C Case No. ZTA-2024-03:. Discussion and Action Regarding an Amendment to the Ordinance ofthe City Council of the City of Heath, Texas, amending Title XV, "Land Usage", Chapter 153, "Codes Adopted", of the City of Heath Code of Ordinances; Providing for the adoption of a City Amendment to the 2021 International Building Code Section 903.2.11.9 9 the 2023 National Electrical Code Section 445.19 (B), and the 2021 International Fire Code Section 903.2.11.9, with City Amendments and said provisions being also extended to the Cityo ofHeath's! Extra Territorial Jurisdiction (ETJ). Fire Marshal Brandon! Peterson stated that at the September: 24th meeting, the CityCouncila approved the update to the International Building Codes, etc. but an exception was made to fire sprinkler requirements. The current ordinance was enacted in 2008.. Automaticsprinklers are: required in all structures over 6,000 square feet of habitable/occupiable space. Sprinklers may be omitted in bathrooms, toilet rooms, closets, halls, storage, or utility spaces. All square footage under-roof is used for sprinkler requirement calculations. Smaller commercial buildings may be required to be sprinkled based on occupancy class, type, and hazard level. The concern was regarding the habitable/occupiable space". Staff interpretation, Language Contradicts NFPA 13D, you remove garages and patios and do not calculate that in the square footage. The proposed ordinance, 903.2.11.9 IFC. Buildings over 6,000 sq. ft. Approved automatic fire sprinkler systems shall be installed in all new buildings, structures, and additions with a fire flow calculation area of 6,000 square feet or greater and in all existing buildings, not including R-3, that are enlarged tol have fire flow calculation of 6,000 square feet or greater. The fire code official may modify the requirement to sprinkler existing buildings pursuant to section 104.9. R-3: one- and two-family dwellings. Fire flow calculation area: the area shall bei the total floor area ofa all: floor levels within the exterior walls and under the horizontal projections of the roof of a building. Building Official Leisa Price added that ift the homeowner has a generator and ift the generator is located atl least 25 feet away from the City Council Minutes - October. 28, 2024 Page. 3 of7 generator panels on the exterior of the house, the homeowner must have an additional stop or disconnect button added at the generator panels for a safetyissue. Councilman Weaver stated that hel had a dilemma withi including exterior unoccupied space as part oft the calculation of what needs tol bes sprinkled and then that unoccupied spacei is not actuallys sprinkled. Councilman Ruffo opposed and asked ift there is any real significant extra protection that is provided when including porches and garages. Staff recommends approval to amend Section 903.2.11.9 to be included in the 2021 International Fire Code and International Building Code - Local City ofHeath. Amendments. MOTION: APPROVEAMENDMENT AS PRESENTED. MOTION MADE: SECONDED: APPROVED: For: Against: CALDWELL MOORMAN PASSED FOUR' TO' THREE (Dodson attending via zoom) CALDWELL, DODSON, KRAUSE, MOORMAN MCCLURE, RUFFO, WEAVER 7.d Case No. ZTA-2024-05: Continue Public Hearing and act on an Ordinance of the City Council of the City of Heath, Texas, amending Title XV, "Land Usage," Chapter 154, "Buildings," and amending Title XI, "Business Regulations," Chapter 115, "Contractors," of the City of Heath Code of Ordinances; Providing application requirements; Providing good standing; Providing consequences for building construction without a building permit; Providing for the incorporation of premises; Providing for amendments related to conflicts; Providing for a penalty not to exceed the sum of $2000.00 for each violation upon conviction; Providing a severability clause; Podngarpealeralauses Providingasavings: clause; Providing an effective date. Assistant City Manager, Aaron Adel stated that per the direction of the City Council, the staff will present a draft ordinance with amendments to address construction activities without a contractor registration and/or building permits. Building permits are required for all construction activities except foro one exception: Asng-sg-piyhou, less than 120 SF and 101 feeti tall, isa allowed without aj permit in single-familyresidential districts. Life safety issues for our citizens are building without permit plan review and inspections and construction by contractors without verified insurance and credentials and state licenses. Code enforcement cases have turned into City Council cases, building activity happened without permits, and the result was the need for Conditional Use Permits and variances to address detached garages, accessory structures, fence variances, and sign variances, with characteristics that don't meet our code requirements that could have been caught and corrected during building permit plan review. The Cityl has had a total of seventeen occurrences ofworking without aj permit in the fiscal year 2023/2024. The most common issues for smallerand discrete projects are pools, irrigation, fences, accessory structures, ETJ projects, interior remodels, etc. Before fiscal year 2024, the city doubled permit fees, the additional costs tot the contractor of $75 to $400 in most occurrences. Per the direction of the City Council, staff adopted two new fees in the FY24 fee schedule: 1. penalty forv working without registration = $500.00/ocurrence; and: 2.] penalty for working without Permit = $500.00/ocurrence. Adel presented the proposed amendments to Chapters 115 & 154 in response to the city council's direction to strengthen enforcement mechanisms for working without permits and contractor registration. The proposed amendments were to the following Sections: 115.02 Definition; 115.03 Registration Required; 115.04 Application; 115.05 Fees and Duration; and 154.02 Working Without a Permit. Councilwoman Caldwell stated that this statute is way overbroad and volunteered to work with staff to find some nice language. Mayor McClure opened the public hearing at 9:33 p.m. and no one was present to speak regarding HEARING to receive comments regarding the request. this request, Mayor McClure closed thej public hearing at 9:331 p.m. MOTION TOTABLE: ITEM. AS STATED. MOTION MADE: SECONDED: APPROVED: CALDWELL RUFFO PASSED UNANIMOUSLY (Dodson attending via zoom) City Council Minutes- - October 28, 2024 Page 4of7 7.e Case No. ZTA-2024-04: Continue Public Hearing and act on an Ordinance of the City Council of the City of Heath, Texas, amending Title XV, "Land Usage," Chapter 157, "Fences," of the City of Heath Code of Ordinances; Providing definitions; Providing height exceptions; Providing gate regulations; Providing for the incorporation of premises; Providing for amendments related to conflicts; Providing for a penalty not to exceed the sum of $2000.00 for each violation upon conviction; Providing a severability clause; Providing a repealer clause; Providing a savings clause; Providing Assistant City Manager, Aaron. Adel: recommended opening the public hearing and continuing it and tabling thei item stating that thei intention is toj present some. language that would allowa very specific set ofconditions for the staff tol be able to provide some variance relief. The specific conditions are intended to mirror the variances that the City Council has granted over the last few years. Mayor McClure opened the public hearing at 9:39 p.m. and no one present to speak regarding this an effective date. HEARING to receive comments regarding the request. request, Mayor McClure continued the public hearing at 9:391 p.m. MOTION: CONTINUE PUBLIC: HEARING AND' TABLE: ITEM. MOTION MADE: SECONDED: CALDWELL KRAUSE Councilman Weaver clarified that he would oppose an increase in front yard fence height from four to: five feet across the board but could support aj proposition to essentiallyincorporate the exceptions that the Council generally grants. APPROVED: PASSED UNANIMOUSLY (Dodson attending via Zoom) 7.f Discussion and Action Regarding a Resolution Authorizing a Step Salary Plan for the Chief Seery presented thel Public Safety Officer Step Pay Plani for the Fiscal Year 2024-2025. The Step Pay Plan includes a market adjustment of 3% and a 4% cost ofl living adjustment (COLA), with salary adjustments of roughly 5% at each step for Officers, Sergeants, Lieutenants, and Captains based on longevity. The top-out step will be dependent on the percentage approved annually. The implementation of the Step Pay Plan will have a $37,200 impact on the FY2025 General Fund budget. This will be the adopted budget fund balance down from 39% to 38.6%. Steps will automatically take effect in future fiscal years unless denied by the City Manager and/or the City Council. Staff recommends approval of Resolution No. 241022A adopting the Public Safety Officer Step Pay Plan and amending the FY2025 General Fund budget to reflect the $37,200 impact. MOTION: APPROVE RESOLUTION NO. 241022A. AUTHORING STEP SALARYI PLAN. Department of Public Safety. MOTION MADE: SECONDED: APPROVED: RUFFO KRAUSE PASSED UNANIMOUSLY (Dodson attending via Zoom) (Meeting recessed at 10:00 - 10:07p.m.) 8. Executive Session At10:09 p.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 the following: Section 551.071: Consultation with Attorney on a matter: in which the duty of the attorney toi the governmental body under the' Texas Disciplinary Rules of] Professional Conduct ofthe State Bar ofTexas clearly conflicts with this chapter, regarding: (i) zoning and platting standards, Local Government Code shot clock, and' Trilogyf final plat; (ii)' Trlogydevelopmentin Mclendon-Chisholm cityl limits and extraterritorial jurisdiction; (iri) Transition Agreement for City Manager Kevin Lasher; and (iv) enforcement of Chapter 51 "Water and Sewer" oft the Heath Code of Ordinances; Section 551.071: Consultation with City Council. Minutes - October 28, 2024 Page 5of7 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. McLendon- Chisholm, Cause No. 1-22-1204; and (iii) North Texas Municipal Water District V. City of Heath, Cause No. 1-22-0704; and Section 551.074: Deliberation regarding the appointment, evaluation, reassignment, duties, discipline, or dimisaldfapabigofiserore employee, regarding: (i) Transition In accordance with' Texas Government Code, Chapter 551, Mayor McClure closed Executive Session and reconvened the meeting into open session at 11:35 p.m. stating that no action was taken in the MOTION: THE CITY COUNCIL RECEIVED THE SETTLEMENT AGREEMENT AND MUTVALRELEASE, WITH11 EXHIBITS, AROUND: 12:30 PMTHIS. AFTERNOON.THE CITY COUNCIL'S AGENDA THIS EVENING WAS FULL, WITH MANY OTHER ITEMS TO BE DELIBERATED ON BY THE CITY COUNCIL. THE CITY COUNCIL RECESSED INTO EXECUTIVE SESSION AT APPROXIMATEDY 10:09 PM AND RECONVENED INTO OPEN SESSION AT 11:35 P.M. TO BE ABLE TO FULLY REVIEW BOTH THE SETTLEMENT. AGREEMENTANTANDOTHERI ITEMS POSTED FOR EXECUTIVESIESSION, IMAKE. A MOTION THAT' THE CITY COUNCIL STAND IN RECESS UNTILTHE NEXT BUSINESS DAY, OCTOBER 23, 2024, AT 2:00 PM, WHEN THIS MEETING WILL RECONVENE AT THIS NOTICED LOCATION, PURSUANT TO SECTION 551.0411(A) Agreement for City Manager Kevin Lasher. Executive Session. OFTHE1 TEXAS GOVERNMENT CODE. MOTION. MADE: SECONDED: APPROVED: MAYOR MCCLURE WEAVER PASSED UNANIMOUSLY (Dodson attending via zoom) Mayor. Jeremiah McClure reconvened the Regular Meeting on October 23, 2024 at 2:00 p.m. ATTENDING: JEREMIAH MCCLURE, MAYOR RICH KRAUSE, MAYOR PROTEM SHARON CALDWELL SCOTT DODSON (via zoom) RYAN: MOORMAN PAUL: RUFFO BRENT WEAVER (via zoom) 8. Executive Session At 2:031 p.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 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 oft the State. Barc 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; (iii) Transition Agreement for City Manager Kevinl Lasher; and (iv) enforcement of Chapter 51 "Waterand Sewer" of the Heath Code of Ordinances; Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offer regarding: (i) MCTrilogy Texas, LLC V. City of Heath, et al., Cause No. 3:22-CV-02154-D; (ii) City ofHeath v.) Mclendon-Chshom, Cause No. 1-22- 1204; and (ii) North Texas Municipal Water District V. City of Heath, Cause No. 1-22-0704; and Section 551.074: Deliberation regarding the appointment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, regarding: (i) Transition Agreement for City In accordance with Texas Government Code, Chapter 551, Mayor McClure closed Executive Session and reconvened the meeting into open session at 3:54 p.m. stating that no action was taken in the Manager Kevin Lasher. Executive Session. City Council Minutes- - October 28, 2024 Page6of7 MOTION TO APPROVE COMPROMISE SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN THE CITY OF HEATH AND MC TRILOGY TEXAS, LLC. AND AUTHORIZE THE: MAYOR TOI EXECUTETHESAMESUBJECTTOTHENOTES BEING ADDEDTOTHE PLAT. MOTION MADE: SECONDED: APPROVED: For: Against: MOORMAN KRAUSE PASSED FOUR' TO' THREE DODSON, KRAUSE, MCCLURE, MOORMAN. (Dodson via zoom) M CALDWELL, RUFFO, WEAVER (Weaver via zoom) Mayor McClure thanked the Council stating that this was a highly debated and deliberated case. MOTION TO APPROVE SEPARATION/TRANSITION AGREEMENT FOR CITY MANAGER KEVIN LASHER. AS DISCUSSED IN EXECUTIVE SESSION. MOTION MADE: SECONDED: APPROVED: MAYOR MCCLURE KRAUSE PASSED UNANIMOUSLY (Dodson and Weave attended via zoom) 10.a Consider Action Regarding Approval of a Revised Preliminary Plat for the Trilogy Property, being an approximately 139.12 acre parcel ofland located in the J. Simmons Survey. Abstract No. 202 and the W. W. Ford Survey Abstract No. 80, Rockwall County, Texas, and being a portion ofa tract ofland conveyed to MCTrilogy' Texas, LLC, called Tract 1 as recorded in Instrument Number 20210000033261 of the Official Public Records of Rockwall County, Texas, located at the southern terminus of the existing Horizon Road intersection with Jeff Boyd Road and extends to the jurisdictional City. Attorney. Andy Messer stated that there are: four notes that should be added to the revised Plat and recommended that ifai motion of approval is made, it should include the: following: 1. Setbacks on Heath lots as sited ini the City Ordinances in SF-43: 50' front setback, 15' interiors side 3. Sidewalks would bei maintained by HOAorh homeowner and storm drains maintained by the City. MOTIONTOACCEPTTHE: PLATV WITH ELEMENTS ADDED AS STATED BYCOUNCIL. boundary with the CityofMclendon-Chisholm. setback, 30' street side setback and 25' rear setback. 2. City of Heath subdivision regulations apply 4. 8'-12' trails on road cross section be added to plat. MOTION: MADE: SECONDED: APPROVED: For: Against: DODSON MOORMAN PASSED! FOURTOTHREE DODSON, KRAUSE, MCCLURE, MOORMAN (Dodson via zoom) CALDWELL, RUFFO, WEAVER (Weaver via zoom) Mayor McClure adjourned the meeting at 4:04 p.m. APPROYED: ATTEST: Lhunu NORMA: DUNCAN: CITYSECRETARY ER - 59 l MAYOR 19 A ATEOF City Council Minutes - October 28, 2024 Page 7of7