MINUTES HEATH CITY COUNCIL

REGULAR MEETING- PUBLIC HEARINGS- EXECUTIVE SESSION 200 LAURENCE DRIVE- HEATH, TEXAS

TUESDAY, APRIL 9, 2019-6:30 P.M.

ATTENDING: KELSON ELAM, MAYOR RICH KRAUSE, MAYOR PROTEM JOHN BEAMAN FRANK NEW DONNA ROLATER PAUL RUFFO BRENT WEAVER

Mayor Kelson Elam called the meeting to order at 6:30p.m. Councilman Weaver delivered the invocation and led the Pledge of Allegiance.

Proclamation- Child Abuse Awareness Month.

Mayor Elam read aloud a proclamation declaring April as Child Abuse Awareness Month. The following from the Children's Advocacy Center for Rockwall County were present to accept the proclamation: Patricia Mejia, CEO; Kenda Culpepper, President; Cindy Lindley, Vice President; Terry Garrett, Heath Director of Public Safety (serving as a member of the multidisciplinary team for the Children' s Advocacy Center); and Ryan Bierds and Penny Maris, Board Members.

Open Forum- citizens' comments.

Mayor Kelson Elam explained how the Open Forum would be conducted and invited forward those who wished to speak.

• Rodney White, 342 Smirl Drive- voiced concern with the location of his property in a flood plain, where flooding often occurs. He stated that the bridge near his property was not adequate to control the water flow, which often begins to backflow under his property. He asked the city to put its resources together with TxDOT to address the issue.

CONSENT ITEMS

Mayor Elam stated that these items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council member requesting consideration prior to a motion and vote on the Consent Items.

a. Action Regarding the Minutes of March 22, 2019 Work Session. b. Action Regarding the Minutes of March 26, 2019 Regular Meeting. c. Action Regarding Ordinance Revising, Amending, Restating, Codifying and Compiling Existing

Code of Ordinances.

MOTION: APPROVE CON CENT AGENDA ITEMS A, B, AND C TO INCLUDE ORDINANCE NO. 190409A.

MOTION MADE: SECONDED: APPROVED:

NEW KRAUSE PASSED UNANIMOUSLY

City Council Minutes- April 9, 2019 Page I of4

ITEMS FOR INDIVIDUAL CONSIDERATION

5. Discussion and Action Regarding Award of the Construction Contract for the Terry Park Seawall Repair- Phase 2 Project and Regarding a Resolution Authorizing the City Manager to Execute a Construction Contract for the Terry Park Seawall Repair- Phase 2.

City Engineer Richard Dormier stated that the project pertained to the repair of a failed section of the seawall at Terry Park of roughly 200 feet. The City bid a base wall that is similar to the wall that failed and two alternate wall designs. The City also bid an additive alternate item for the addition of 6-inch pipe supports at 8-foot intervals and a cable rail, along the existing and new retaining wall. The City received 3 bids for the project on March 20, 2019. The recommended low bidder, Sea Tech, has done similar projects in the City as well as other lakeside communities. CIP General Funds are available for the Base Bid with Additive Alternate 1 project. Staff recommended that the City Council award the construction contract to Sea Tech Retaining Walls, Inc. and approve Resolution No. 190409A, authorizing the interim City Manager to execute the construction contract with Sea Tech Retaining Walls, Inc. for the Base Bid with Additive Alternate 1, in the amount of$187,950.00.

MOTION: APPROVE RESOLUTION NO. 190409A REGARDING THE CONSTRUCTION CONTRACT FOR THE TERRY PARK SEAWALL REPAIR- PHASE 2 FOR THE BASE BID WITH ADDITIVE ALTERNATIVE 1.

MOTION MADE: RUFFO SECONDED: NEW

Mayor Pro Tern Krause commended staff for finding a more financially reasonable solution.

APPROVED: PASSED UNANIMOUSLY

6. Discuss and consider Ordinance No. 190326B- Annexing the hereinafter described territory known as Rockwall CAD Property IDs 72488 and 72489, located at 728 and 742 Ridge Hollow Road and being an approximate 39.59 acre tract of land; and the proposed annexation of the portion of Ridge Hollow Road adjacent to said territory, extending the boundary limits of the City so as to include the described property, and adopting a Service Plan. (Item Tabled at March 26, 2019 City Council Meeting)

Mayor Kelson Elam stated the item would be withdrawn, as the homeowners had signed the development agreement.

7. Hold a Public Hearing and consider approval of a Resolution Authorizing a Variance to Section 157.02 (C), Fences, of the City of Heath Code of Ordinances, which requires fences in the front, side or rear yards abutting a street to have a maximum height of four ( 4) feet. The applicant is requesting to construct a six (6) foot high metal fence in the external side yard facing Providence Way, and along the front property line facing Glenn Abby Court, on Lot 27 of Block B, Providence Addition, City of Heath, Rockwall County, Texas. The subject property is addressed as 846 Providence Way and is zoned Planned Development (PD) District for Single-Family uses. (Case No: FV-2019-06)

Assistant City Manager Kevin Lasher stated that the applicant is requesting construction of a six-foot­high metal fence in the external side yard facing Providence Way. The proposed fence would extend along the rear and side property lines of the lot, and would further project into the front yard facing Glen Abbey Court. The height requirement allows for 4 feet in height, so a variance for two additional feet would be required. The request also includes a metal gate - measuring five feet and six inches in height - also facing Glen Abbey Court. The fence, gate, and supporting members would all be powder-coated black. The picket spacing for all fence sections and gate structures would meet the seventy-five percent transparency requirement. Twenty-five notices were mailed; none were received in favor of the request and one was received in opposition of the request.

PUBLIC HEARING to receive comments regarding the request.

Mayor Elam opened the public hearing at 6:51 p.m.

City Council Minutes- April 9, 2019 Page 2 of4

• Josh Hatfield, 846 Providence Way - was present to answer questions as the owner of the property in question.

Mayor Elam closed the public hearing at 6:52p.m.

Discussion and action regarding the request.

Councilman New asked if the subdivision HOA had reviewed and approved the request. The property owner provided a letter from the HOA Principal approving the request subject to the city's approval.

MOTION: APPROVE RESOLUTION NO. 190409B REGARDING A FENCE VARIANCE 846 PROVIDENCE WAY.

MOTION MADE: SECONDED: APPROVED:

KRAUSE RUFFO PASSED UNANIMOUSLY

8. Hold a Public Hearing and consider approval of a Resolution Authorizing a Variance to Section 157.02 (C), Fences, of the City of Heath Code of Ordinances, which requires fences in the front, side or rear yards abutting a street to have a maximum height of four (4) feet, and a Variance to Section 157.02 (E) that r·equires a seventy-five percent (75%) transparency requirement for a fence fronting a street. The applicant is requesting to construct a six (6) foot high cedar wood fence that would encroach sixteen (16) feet into the external side yard facing Kings Pass, on Lot 24 of Block 13, Buffalo Creek Country Club Estates, Phase 8, City of Heath, Rockwall County, Texas. The subject property is addressed as 700 Starlight Pass and is zoned Single-Family 15 (SF 15) Residential District. (Case No: FV-2019-07)

Assistant City Manager Kevin Lasher stated that the applicant has requested extending an existing six­foot-high wood (cedar plank) fence sixteen feet into the external side yard facing Kings Pass. The extension would provide for gated, rear-yard space for pets. The applicant requests this additional space to compensate for loss of grassed area in the rear yard that was recently removed to construct a swimming pool. The requirement for fence height is four feet, so a variance for two additional feet would be required. A cedar wood fence would not comply with the transparency requirement (requiring 75% transparency), so a second variance would also be required. Forty-seven notices were mailed; two were received in favor and one notice was received in opposition.

PUBLIC HEARING to receive comments regarding the request.

Mayor Elam opened the public hearing at 7:02p.m.

• Joseph Gonzales, 700 Starlight Pass- was present to answer questions.

Mayor Elam closed the public hearing at 7:04p.m.

Discussion and action regarding the request.

Councilmen New and Weaver both stated that they would like a formal response from the HOA before making a decision.

MOTION TO TABLE THE REQUEST FOR THE APPLICANT TO OBTAIN A LETTER FROM THE HOA WITH THEm APPROVAL OR DENIAL AS OBTAINED BY THE APPLICANT.

MOTION MADE: SECONDED: APPROVED:

WEAVER ROLATER PASSED UNANIMOUSLY

City Council Minutes- April 9, 2019 Page 3 of4

9. Discussion and Action Regarding a Resolution Regarding the Buffalo Creek Interceptor Wastewater System.

City Engineer, Richard Dormier stated that the Cities of Heath, Rockwall, and Forney are all member cities of the Buffalo Creek Interceptor System with the North Texas Municipal Water District (NTMWD). The Buffalo Creek Interceptor is a larger diameter trunk sewer that transports wastewater from Rockwall at the Buffalo Creek Wastewater Treatment Plant on the south side of FM 3097 to the South Mesquite Regional Wastewater Treatment Plant in Mesquite. The three member Cities of the interceptor system have each sponsored and contracted with entities outside the Cities for wastewater service with the consent and authorization of the other two member cities and NTMWD. The first such contract was the City of Heath's contract to provide wastewater service to Travis Ranch development in 2004. The second was the City of Forney providing service to Kaufman County Municipal Utility District No.3 (the Devonshire Development) north ofFomey in 2005 . The City ofRockwall contracted to provide service to McLendon­Chisholm in 2009. In 2012 the City of Forney sought and received approval from each of the member Cities to add the North Forney High School (approximately 133 acres) to the service area of the Kaufman County Municipal Utility District No.3 (KCMUD No.3). In June of2018, the City of Forney asked the member cities to add 114.446 acres (Evans Tract) to the service area of KCMUD No. 3. The current request by the City of Forney asks that an additional487 acres be included in their amended contract with KCMUD No.3. This request has been approved by the Cities of Forney and Rockwall.

MOTION: APPROVE RESOLUTION NO. 190409C REGARDING THE BUFFALO CREEK INTERCEPTOR WASTEWATER SYSTEM.

MOTION MADE: SECONDED: APPROVED:

RUFFO NEW PASSED UNANIMOUSLY

10. Review City Staff Project List.

The City Manager provided the council with an update on the "Council and Staff Project List." The following items were addressed: the modified RV ordinance, now being enforced; the now complete annexation project; the downtown overlay update with architectural committee recommendations; the tree ordinance and a checklist for new developments; creation of a fire station long-term expansion plan (the RFQ is developed with plans to bring vendor responses to council in May); fireworks ordinance; speed control devices; ball field lights to be completed in May; Antigua Bay park pavilion on order; city asset list; update on the DPS air conditioner; Terry Park retaining wall; city hall generator scheduled for bids (due in May); Public Works equipment bays bids (complete with a contract following soon); Public Works service center and aerobic septic system; and the current grading plan approval procedures for new structures.

Discussion Regarding Proposed Future Agenda Items.

No new items were introduced.

Mayor Elam adjourned the meeting at 7:27 p.m.

APPROVED:

/{fl;~ / KELSON~ MAYOR

City Council Minutes- April 9, 2019

NORMA DUNCAN CITY SECRETARY

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