MINUTES HEATH CITY COUNCIL REGULAR MEETING- PUBLIC HEARING- EXECUTIVE SESSION 200 LAURENCE DRIVE- HEATH, TEXAS TUESDAY, MARCH 12,2019-6:30P.M.

Size: px

Start display at page:

Download "MINUTES HEATH CITY COUNCIL REGULAR MEETING- PUBLIC HEARING- EXECUTIVE SESSION 200 LAURENCE DRIVE- HEATH, TEXAS TUESDAY, MARCH 12,2019-6:30P.M."

Beatrix Henry
5 years ago
Views:

1 MINUTES HEATH CITY COUNCIL REGULAR MEETING- PUBLIC HEARING- EXECUTIVE SESSION 200 LAURENCE DRIVE- HEATH, TEXAS TUESDAY, MARCH 12,2019-6:30P.M. ATTENDING: KELSON ELAM, MAYOR RICH, MAYOR PROTEM JOHN DONNA BRENT WEAVER FRANK NEW PAUL RUFFO Mayor Kelson Elam called the meeting to order at 6:33 p.m. He delivered the invocation - including a special remembrance for Congressman Ralph Hall- and led the Pledge of Allegiance. 2. Open Forum- citizens' comments. Mayor Kelson Elam opened the Citizen's Forum and the following residents spoke: Chuck Dale, 804 Smirl Drive - spoke in support of agriculture and asked the council to reconsider the ordinances regarding barn construction. No other citizens were present to speak at the open forum. 3. CONSENT AGENDA Mayor ProTem Krause 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 February 26, 2019 Regular Meeting & Public Hearings. b. Action Regarding the Minutes of February 27, 2019 Public Hearings. MOTION: APPROVE ITEMS "A" AND "B" ON CONSENT AGENDA. ; WEAVER ITEMS FOR INDIVIDUAL CONSIDERATION 4. Discussion and action regarding Boys Team Charity Lakeside League's application to participate in the City of Heath's Adopt-a-Park/Trail litter control program by taking responsibility for the back section of Towne Center Park. Suzanne Brooke, Staff Liaison to the Park Board reminded Council that the Boys Team Charity Lakeside League took respons.ibijity for the front section of Towne Center Park last year. The organization is now requesting addition of the back section of Towne Center Park to its area of responsibility. The only cost for the program would be two signs acknowledging Boys Team Charity Lakeside League's adoption of the back half of Towne Center Park that should not exceed $200. Brooke stated that the Adopt-a-Pru:k/Traillilter control program is going very well. The Park Board and City staff recommended approval. Mayor Pro Tem thanked Suzanne for her work on this program and making it a success. City Council Minutes- March I 2, 20 I 9 Page 1 of5

MOTION: APPROVE BOYS TEAM CHARITY LAKESIDE LEAGUE'S APPLICATION TO PARTICIPATE IN THE CITY'S ADOPT-A-PARK I TRAIL LITTER CONTROL PROGRAM. ; WEAVER 5.

2 MOTION: APPROVE BOYS TEAM CHARITY LAKESIDE LEAGUE'S APPLICATION TO PARTICIPATE IN THE CITY'S ADOPT-A-PARK I TRAIL LITTER CONTROL PROGRAM. ; WEAVER 5. Conduct a Public Henring and consider appt oval of an Ordinance establishing a Conditional Use 'Permit (CUP) for an accessory structure for the raising of animals (a borse barn) as required by Section (C) (1) of the City of Heath, Texas Code of Ordinances (the Code), and consider approval of a Resolution establishing a Special Exception to allow a waiver to the exterior masonry requirements, as required by ection (C) of the Code, for the construction of a horse barn on property zoned Agricultural (A) District that contains less than teo (10) acres, said barn structure being located on 4.00 acres of land situated in the Edward Teal Survey Ab tract No. 207 in the City of Heath Rockwall County, Texas. The subject property is located east of White Road on the north side of Kyser Springs Road (a private street) and is addressed as 505 Kyser Springs Road. (Case No's: CUP and SUP ) Code Enforcement Officer Kevin Martin stated that this request included two parts. Part one is a Conditional Use Permit (CUP) for an accessory structure for the raising of animals (a horse barn). Part two is a pecial Exception to allow a waiver to the exterior masonry requirements of the horse barn. The property is zoned Agricultural (A) District and contains less than ten (1 0) acres. The owners are seeking to construct a stand-alone horse bam for the raising the family's hor e stock and have stated that their intent is to use the 4.0-acre lot for agricultural purposes only; no dwelling unit is being planned for the property. The Fire Marshall indicated that the hor e stable structure would be accessible by cun ent fire apparatus under the current road conditions, but such conditions would need to be improved for a new dwelling unit. Should the applicant decide to place a dwelling on the property, there would be several requirements U1at must be met as well as a Replat and Facilities Agreement to establish the necessary street right-of-way and utility easement dedications and services. The property has a potable water supply only and is not served by sewer utilities. Fifteen neighborhood notices were mailed four notices were returned in favor of the request and none were received in opposition. Planning & Commission Chairman Steve McKimmey stated that P&Z voted unanimously to approve the request. The Commissioners looked at the ordinance and reviewed the request on a case-by-case basis. They considered I he character of the tract. Being an undeveloped 4-acre tract, they concluded that the request seemed to fit the nature of the property and would be a good addition to the area. PUBLIC HEARING to receive comments regarding the request. Mayor Elam opened the public hearing at 6:59 p.m. and the following residents spoke regarding the request. Lance Watson, 144 Oxford- spoke in support as neighbors of the property. They expressed that the proposed bam would look nice on this private area. Chuck Dale, 804 Smirl Drive - spoke in support and asked the council to relook at the ordinance. He was concerned that requiring a barn to have masonry materials would be costly and might take away from having barns. Brad Prior, Rafter P. Construction, 9201 Wesley Street #B, Greenville- spoke in support of the applicant and answered questions about the construction. There being no one else to speak regarding the request, Mayor Elam closed the public hearing at 7:04p.m. Discussion and action regarding the request {Councilman Weaver was present at 7:15p.m.) The council continued discussion. Although the neighbors were in support of the metal (non-masonry) barn structure on the 4-acre tract of land, the council was concerned that a residential dwelling might be buill in the future. Mayor Elam stated that the CUP should not be vested and stated he would like to see an option allowing council to revisit the material of the barn when the house is built. If the use of the barn does not change then there would be no problem but if the use of the bam did change, council should have the option to revisit the Conditional Use Permit. Page 2 of5

MOTION: APPROVE ORDINANCE NO. 190312A REGARDING A CONDITIONAL USE PERMIT (CUP) FOR AN ACCESSORY STRUCTURE (HORSE BARN) AND APPROVE RESOLUTION NO.

3 MOTION: APPROVE ORDINANCE NO A REGARDING A CONDITIONAL USE PERMIT (CUP) FOR AN ACCESSORY STRUCTURE (HORSE BARN) AND APPROVE RESOLUTION NO A REGARDING A SPECIAL EXCEPTION TO A WAIVER TO THE EXTERIOR MASONRY REQUIREMENTS LOCATED AT 505 KYSER SPRINGS ROAD WITH A CONDITION THAT IF A RESIDENTIAL STRUCTURE IS ADDED, THE CUP.ALLOWING THE SPECIAL EXCEPTION REGARDING THE MASONRY REQUIREMENT ON THE HORSE BARN MAY BE REVISITED. MAYOR ELAM 6. Conduct a Public Hearing and consider approval of an Ordinance establishing a Conditional Use Permit for the construction of a single-family residence on Lot 25, Block E, Heath Crossing Phase 3B, with a roof pitch of 6:12 in lieu of the required 8:12 roof pitch. The subject property is zoned (PD) Planned Development District for single-family residential uses, and is Located at 430 Keystone Bend. (Case No. CUP ) Code Enforcement Officer Kevin Martin stated that the applicant has requested construction of a Spanish Mediterranean-style horne with a tile roof. The Conditional Use Permit i for a 6:12 roof pitch in-lieu-of the required 8:12 roof pitch as the 6:12 roofpitch would be more secure for the heavy tiles. Thirty neighborhood notices were mailed four were received in support and one was received in opposition of the request. P&Z Commission Chairman Steve McKimmey stated that the Commissioners unanimously approved the request. They primarily looked at the aesthetic value of the home and agreed that the lower roof line was appropriate. PUBLIC HEARING to receive comments regarding the request. Mayor Elam opened the public hearing at 7:34p.m. and the following residents spoke regarding the request. Ryan Wetzel, 910 West Holiday, Rockwall- Contractor Representative with Westchester, spoke in support and offered to answer questions. There being no one else to speak regarding the request, Mayor Elam closed the public hearing at 7:35p.m. Councilman Weaver stated that he was in favor ofthe request with the condition that the roof be tile as is the architectural intent of the design. MOTION: APPROVE ORDINANCE NO B REGARDING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A RESIDENCE WITH A ROOF PITCH OF 6:12 LOCATED AT 430 KEYSTONE BEND WITH A CONDITION OF A TILE ROOF BE USED IN THE CONSTRUCTION IN KEEPING WITH THE ARCHITECTURAL THEME OF THIS DESIGN. WEAVER 7. Conduct a Public Hearing and consider approval of a Resolution Authorizing a Variance to Section (C), Fences, of the City of Heath Code of Ot dioances, 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 five (5) foot high wrought iron type fence abutting a street. The subject property is platted as Lot 1 of Block A, Huerta Addition, being 3.40 acres out of the J.O. Heath Survey, Abstract No. 116, City of Heath, Rockwall County Texas. The subject property is addressed as 306 Terry Lane and is zoned Single-Family 43 (SF 43) District. (Case No. FV ). Code Enforcement Officer Kevin Martin stated the applicant is requesting to construct a five-foot-high ornamental iron fence along the side property line facing Meadowview Road. A variance for one feet of additional height would be required for the4' fence height per code requirement. The plans included two solar-powered front yard sliding gates five feet in height and three pedestrian gates on the rear segment adjoining the Yankee Creek floodplain area. The fence would be outside of the floodplain boundary per code. A forth gate would be west-side facing Terry Lane and the ornamental iron fence would have a black powder-coated fmish. The picket spacing meets the 75% transparency requirement. Eighteen notices were mailed three returned in favor of the request and none returned in opposition. City Council Minutes -March 12, 2019 Page 3 of5

Mayor Elam opened the public hearing at 7:38p.m. The following residents spoke regarding the request. Chuck Todd, 804 Smirl Drive- spoke in support of the request.

4 Mayor Elam opened the public hearing at 7:38p.m. The following residents spoke regarding the request. Chuck Todd, 804 Smirl Drive- spoke in support of the request. There being no one else to speak regarding the request, Mayor Elam closed the public hearing at 7:39p.m. MOTION: APPROVE RESOLUTION N B REGARDING A FENCE VARIANCE LOCATED 306 TERRY LANE. WEAVER 8. Discussion and Action to Appoint an Advisory Committee to provide input for revisions to the Capital Improvements Plan for existing water, sanitary sewer, and roadway impact fees, in accordance with Chapter of the Local Government Code. City Engineer Richard Dormier stated that the City of Heath collects water, sanitary sewer and roadway impact fees when a new dwelling unit or business is constructed in the City. The purpose of the impact fee is to help offset the cost of providing services to new users of public servi.ces. The basis for the impact fees is a ten-year capital improvements plan (CIP) prepared based on a ten-year projection of development in the City. As part of the planning process an Advi ory Committee is appointed by the City Council to assist in determining growth projections, land use, and making recommendations regarding the proposed CJP for City Council consideration. The Local Govemment Code allows selection of the Planning and Zoning Commission as the Advisor Committee as long as they have at least one member in the real estate, development or building industry. If one member does not meet those quali-fications, the City Council can appoint an ad hoc member to serve with the P&Z as the Advisory Committee (the ad hoc member cannot be an employee of a government entity. MOTION: APPOINT THE PLANNING AND ZONNING COMMISION AS AN ADVISORY COMMITTEE AND APPOINT JAN KELLEY AS AD HOC MEMBER PER STATE STATUE. (Meeting break at 6:43p.m. and reconvened at 6:47p.m.) 9. Review City Staff Project List City Manager Bill Ship provided the council with an update on the "Council and StaffProject List" and opened with listing the projects that have been completed. He then provided an update on the Development Agreement for the Annexation of the ETJ. Additional updates included downtown overlay, tree ordinance checklist for nev developments, Fire Station long term expansion plan, fireworks display and enforcement review, speed control devices, ball field lights (ordered and should be in place in 90 days) Antigua Bay park pavilion equipment (ordered and should be completed by May 2019), city asset list with retirement/replacement schedule, DP air conditioner, Terry Park retaining wall (bidding now and due March 18) city hall generator, public works equipment, service center and septic system. Mayor Pro Tem asked that the staff provide a process to detine a way to prevent constructions of new homes within existing communities without flooding to the existing home. 10. Discussion and Action Regarding a Compensation Study. H.R. Consultant Kathryn Usrey (of Usrey & Associates, Inc.) provided a presentation regarding a competitive compensation program to attract and retain quality employees. The council has made the decision to move to a merit-based program which would include developing perfonnance-evaluation programs. Usrey provided a list often cities and recommended that the City of Heath use them as a comparison. She asked where the city wants to be in the marketplace and who its competitors would be. U rey recommended a salary study to collect data and evaluate and maintain the pay plan structure and asked council for their feedback on certain aspect or process. The Software, implemented by NeoGov, would allow automation ofthe evaluation process applicant tracking within the different departments which would carry different weights put on the data selected automate job descriptions, provide notification when the performance reviews are due, calculate a score and apply the to Page4 of5

5 a chart. It is a structured process. Ursey recommended approval of the ten cities selected and asked for approval of the RFP for the Compensation Study. Mayor Elam stated that his passion behind this was to reward the employees that are performing. lt would be a win for the city, a win for the employees, and a win for the citizens. MOTION: APPROVE URSEY & ASSOCIATES TO MOVE FORWARD WITH A REQUEST FOR PROPOSAL (RFP) REGARDING A COMPENSATION STUDY. MAYORELAM 11. Discussion and Action Regarding an Ordinance Amending Ordinance b Approving and Adopting a Budget for the City for the Fiscal Year October 1, 2018 through September 30,2019. Director of Finance Laurie Mays stated that this was a budget amendment and the items for consideration were in the General fund, Utility fund and CIP. The breakdown of items for consideration is as follows: General Fund: Parks and Maintenance Department -landscape maintenance to the contract for medians on FM- 470 from the CVS north to the city limits; Community Development Department- promotion and addition of Jr Planner; City Secretary Department- legal publication of two public hearing for the annexation of the ETJ process City Manager Department- separation agreement, Interim City Manager and HR consultant; and increase for the employee performance management system computer equipment. Utility Fund: Subcontractor services for emergency repair to the 24" water supply line; Over-sized water meters for Tom Thumb. Personnel services and fees for City Manager Interim City Manager and HR Consultant; and the employee performance management system computer equipment. CIP Projects: Generator and DPS HVAC project. The total amendment for all three funds is $650K. MOTION: APPROVE ORDINANCE NO C AMENDING AND ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER 1, 2018 THROUGH SEPTEMBER 30, EXECUTIVE SESSION At 8:45p.m., Mayor, Kelson Elam recessed the meeting to Executive ession (closed meeting). ln accordance with Texas Government Code Chapter 551, Subchapter D, the City Council recessed into Executive Session closed meeting) to discuss the following: : Consultation with City Attorney to seek or receive legal advice regarding pending or contemplated litigation, a settlement offer, or 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: re: Pintail Court Lots 1 and 2 property issues, including code enforcement. At 8:59p.m., Mayor Kelson Elam closed Executive Session and reconvened the meeting into open session. He stated no action was taken in the Executive Session and no further actions would be needed. Discussion Regarding Proposed Future Agenda Items. No new items were proposed. Mayor Elam adjourned the meeting at 9:00 p.m. 'i1fi KELSONELAM MAYOR ~7/;~ll~ N RMADUNCAN CITY SECRETARY Page 5 of5

CITY OF TYLER CITY COUNCIL COMMUNICATION

CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: O-1 Date: November 8, 2017 Subject: ZA17-002 UNIFIED DEVELOPMENT CODE (BIANNUAL REVIEW) Request that the City Council consider approving an ordinance