MINUTES REGULAR CALLED MEETING HEATH CITY COUNCIL TUESDAYJANUARY 9, 2024 at 6:30 PM  ATTENDING: PAUL RUFFO, MAYOR PROTEM  SHARON CALDWELL JIM CHESTER RICH KRAUSE DONNA ROLATER BRENT WEAVER KELSON ELAM, MAYOR  ABSENT:  Mayor ProTem Paul Ruffo called to order thel Regular meeting at 6:30! p.m. Councilwoman Donna Rolater  delivered the Invocation and led the Pledge of Allegiance.  2. Public Comment  Tom Perry, Plano, Tx - his family built Buffalo Creek Golf Course and was present regarding the survey of an untreated water system. Buffalo Creek GC does use such a system. Will the city attach the new system to the old system in case the old system disappears sO BCGC can Mike Mischler, 1009 Ivey Lane, Rockwall, Tx present on behalf of Tom Gillett, property owner of 12 acres on Kyster Springs Rd in Heath. This propertyi is on an unimproved road and has no water or sewer. Mr. Gillett began building a barn and his work was halted by the city fori inspection. Mischler asked ift the city would allow the property owner to put upi the roofto Matt Runge, 521 Loma Vista - asked the City for assistance with his water bill. His usage has remained the same in December as in July/August. That doesn't seem possible. A survey showed no leaks and asked what his options were. and what else can be done.  continue to access wateri fori irrigation.  protect the frame from the upcoming bad winter.  4. Consent Agenda  3.a Action Regarding the Minutes oft the December 12, 2023 Regular Meeting. 3.b Action Regarding a Resolution for Flock Camera Placement. (Chiefs Seery)  3.C Action Regarding a Resolution approving proposed fee increases to solid waste and household hazardous waste collection rates duet toinflation-related. cost increases as reflected: in the consumer price index for the Dallas-Fort Worth metropolitan area, and to authorize the City Manager to negotiate and execute a renewal agreement with Doliver Enterprises, LLC., dba HHW Solutions, MOTION: APPROVE CONSENT AGENIDA, ITEMS 4.a REGARDING MINUTES, 4.b REGARDING RESOLUTION NO. 240109A FLOCK CAMERA PLACEMENT and 4.c REGARDING RESOLUTION NO. 240109B APPROVING FEE INCREASES TO SOLID WASTE AND HAZARDOUS WASTE COLLECTION RATES and AGREEMENT WITH  forl household hazardous waste collection services..  DOLIVER ENTERPRISES, LLCdba HHW SOLUTIONS.  MOTION. MADE: SECONDED: APPROVED: ABSTAINED: ABSENT: Millican, Inc.  KRAUSE WEAVER CALDWELL MAYOR ELAM  FIVETO ONE (one absent, one abstained)  4.a Discussion Regarding an update on the Alternate Water Source Study from Freeman- City Engineer Richard Dormier provided a presentation reiterating the background of the City of Heath Alternate Water Source Study. The first task of the study was to determine the projected ultimate maximum day water: need for the City. Based on ai future Heath population of  City Council Minutes January. 9, 2024  Page lofs    approximately: y21,000 persons and the recent rate oft usage in summer months, it appears the City needs between 14 and 15 MGD.Thisisareduction from estimates made years ago ofapproximately 19MGD, this reduction is due toi implementation of our 2018 Comp Plan calling for lower density. We have met with RCH WSC, the City of Rockwall, NTMWD, and the City of Dallas and Dormier addressed the results of each meeting and stated these are the only viable providers of potable water that can potentially sell treated water to Heath. Domier also looked into Forney Lake WSC but thisi is not considered a viable solution because 1)1 FLWSCdoes: not have enough water for their existing customers as evidenced by their severe water restrictions during the past summers, and 2)i in order to connect to FLWSC we'd still have tol build the same pipeline to Forney as would be required to directly connect to NTMWD, SO it makes much more sense to directly connect to NTMWD. Thej project goals and objectives are to provide domestic water needed for the ultimate buildout of Heath, preserve use of our Rockwall investment in infrastructure, provide redundancy in delivery facilities for water to the City and investigate availability of untreated water for use in irrigation. A summary of the preliminary findings were 1. the key differences between Dallas and NTMWD treated water service are if service is from Dallas, Heath will not be a customer of Rockwall loosing 5.5 MGD and the distance to connect from the Sunnyvale water treatment plant tot the Heath system; 2. Before we can fully evaluate the best provider for Heath, we are awaiting a draft contract from NTMWD and their water model results for the Hwy 80 corridor. We expect to receive these in the next few weeks after the City of Heath makes a formal request to become a customer of NTMWD; 3. based on proximity tol Heath, the NTMWD connection near FM. 460 and US Hwy 80 willl bei thei most economical construction: and will allow aj remote pump station to serve the City from the south in a similar manner tot the Rockwall location to the north; 4. ifHeath were to become a direct customer of NTMWD at Rockwall, there would be significant and costly infrastructure improvements needed to isolate from the Rockwall System which would be unnecessary if the City of Heath remains a customer of Rockwall, but nevertheless, directly connecting to NTMWD in Rockwall would still not provide us any additional water because NTMWD cannot provide any additional water to this location; 5. because of the added distance to connect to the Lake Tawakoni or City of Dallas locations, it is unlikely the Dallas or RCH options will be the most economical solution of potable water; 6. the City of Dallas would be a source of untreated Lake Ray Hubbard water for a dedicated irrigation system for high water users such as city parks, golf courses, and schools and 7. the City of Dallas will sell raw water for treatment by the City of Heath but the expense for Heath to. have its own water treatment plant far exceeds the other options. Dormier stated that the next septs arei 1. aj request to become a customer OfNTMWD has been made and we have received a packet of additional information they need toj process the modeling and move forward. Weanticipate submitting this information on or before January12, 2024; 2. giving NTMWD a couple of weeks to process our information, Heath should initiate discussions with Rockwall regarding an updated contract for 5-5 MGD; 3. FMI will continue to finalize the report and once final information is received from NTMWD complete the study; and 4. we will continue to provide city council updates until the final information is received and analyzed. Weaver clarified thatNTWMDhas: indicated numerous times that therei is noi more water tol bel had: ati the Rockwall connection. Years ago, NTMWD! had intended toi increase: future capacity at this location, and this is where Heath expected to receive our future additional water and had already put the needed infrastructure inj place years ago. However, NTMWDis nowi indicating they are: unabletoimplementi this additional capacity at thisl location, soi therei is noi more water expected to be available ati this location. Thisi is why NTMWD is also requiring RCH and Blacklands to build pipelines to Lake Tawakoni. Likewise, if Heath wants more water it will need to go to another connection point to the south, in Forney. Nevertheless, in our negotiations with NTMWD to become a direct customer, we will reconfirm if there is any chance for future capacity expansions at the Rockwall location. Moving forward, Dormier will provide monthly updates or as new 4.b Consider and Act on a Resolution accepting the submitted qualifications from the firm ofHill & Wilkinson, General Contractors, as recommended by the City ofHeath Parks Board on April 24, 2023, to become the Construction Manager at Risk (CMAR)  information comes available.  for the Renovations and Improvements to the Towne Center Park.  City Council Minutes - January 9, 2024  Page 2ofs    Assistant City Manager Kevin Lasher stated that on February 17, 2023, the City issued a Request for Qualification (RFQ) for a Construction Manager at Risk (CMAR) to provide services for the budgeting and construction of renovations and improvements for the Towne Center Park. Three firms submitted RFQ packages for the project: Hill & Wilkinson, Dallas; Satterfield & Ponktikes, Dallas; and Dean Construction, Cedar Hill. On April 24, 2023, the Parks Board received presentations from all three firms at a Special Called meeting. After interviewing each candidate, the Board voted to select Hill & Wilkinson to be the project Construction Manager at Risk for the park project. Staff recommends approval of Resolution No. 240109C naming Hill & Wilkinson to as the Construction Manager at Risk for the renovations and improvements to the Towne Center Park. Max Scott, VP/Division Manager atl Hill & Wilkinson and Heath resident, and. John. Auringer, Project Manager at Hill & Wilkenson provided a presentation regarding some history of the company: and al list of municipality and park completed projects. Council discussed various aspects oft the Park Board's and Staff's recommendation to choose Hill & Wilkinson for this project. MOTION: APPROVE RESOLUTION NO. 240109C REGARDING HILL & WILKINSON AS CONSTRUCTION MANAGER, ATI RISK FOR THE' TOWNE CENTER PARK.  MOTION MADE: SECONDED: APPROVED: ABSENT:  KRAUSE CHESTER MAYOR ELAM  PASSED UNANIMOUSLY BYTHOSE: PRESENT  4.c Discussion and Action Regarding the Approval of a Master Services Agreement, Licensing Agreement and Purchasing Agreement with Hydro Pro Solutions and Master Meter (Harmony) for materials and services needed to implement Phase: 1of the Advanced Metering Infrastructure fAMI program in an amount not to exceed $800,000.00 and authorize the City Manager to execute agreements. Interim Director of Public Works Mike Shook stated that staff met with Hydro-Pro Solutions and Master Meter on December 11,2023 to discuss implementing AMI in the City. Staff viewed a demonstration of the Harmony software program and makes the following recommendations for implementation of Phase 1 of the. AMI program: Purchase and install all equipment necessary to operate AMI such as Base Station/hardware wiring antenna for City Hall- $52,000.00; Repeater and installation on south water tower-512,000.00; Harmony Software Integration/ Stafft training- $ 7,000.00; 2966- 34" Allegro Solid State registers w/ $45.00 return credit each applied-$ 622,860.00;121-1 Allegro Solid State registers w/ $45.00 return credit each applied-$ 25,410.00; 1000- DFW lid w/slide for accessory antenna with city logo- $24,150.00; Customer Engagement Portal- $11,000.00; and Repeater with installation at site determined later.- $15,000.00. Amount budgeted for Phase 1- $ 800,000 and total cost was $769,420; amount left for overages or extra registers $30,580; rationale for replacing registers; provides 3021 meters that will be AMI and accessible to Customer portal in shortertime. Staff goal June 2024; provides 3021 service line/lead investigations as required by' TCEQI by October 2024; Infrastructure equipment will bei installed: 1st, as registers are changed out, they will go live AMI. This represents 72% of the meter system currently. Phase 2 will come next budget year. Shook thanked Cory Dobbie at Hydro-Pro, Chris Coleman at Master Meter, City Staff members. Jay, Carter, Tara, Larry, Jeff, Logan and. Jennifer for all their help. Assistant City Manager, Kevin Lasher stated that a second alternative approach, option 2, was suggested by Councilman Weaver regarding implementing the. Advanced Metering Program. The second option would make an incremental step in the process and make sure it all worksa and. AMI system is what we want. It would bet the same cost fori infrastructure but reduce the initial number of meters from 2966 down to 100 (3/4"). Allegro Solid State Registers and from 121 to 50 (1"). Allegro Solid State Registers. This would reduce the total cost for Phase 1 from $769,40 to $128,500. Councilman Weaver stated that Option 2i is a conservative approach that would slow down from jumping in full speed and committing to the full amount, but instead we take a measured, staged approach toward the ramp up ofthis system and confirm that this system is right fort the City. Council discussed thei two options. Given thes successful track record ofthis AMIS system in other cities, Council generally preferred option 1 over option 2 in order to get a significant  amount of the system implemented as soon as possible.  City Council Minutes January 9, 2024  Page3of5    MOTION: APPROVAL OF MASTER SERVICES AGREEMENT WITH HYDRO PRO SOLUTIONS AND MASTER METER FOR MATERIALS AND SERVICES FOR PHASE 1 OF THE ADVANCED METERING INFRASTRUCTURE PROGRAM IN AN AMOUNT  NOTTOEXCEED $800,000. MOTION MADE: SECONDED: APPROVED: ABSENT:  ROLATER KRAUSE MAYOR ELAM  PASSED UNANIMOUSLY BYTHOSE PRESENT  (five minute break at 9:00 p.m. tog:05p.m.)  4.d Discussion and Action Regarding Putt Brothers proposal to perform meter register replacement and investigate lead service lines in an amount not to exceed $90,000.00 and authorize the City Manager to execute agreements. This is part of the AMI program Interim Director of Public Works Mike Shook stated that Putt Brothers has submitted a proposal for Phase 1 ofinstalling the meter register swap outs and to assist with the lead service line program which TCEQ mandates completion by October 2024 with aj price not to exceed $90,000 tol be completed in six months. Additional funds may be needed from the excess of implementing of AMI project plus exemptions from TCEQ for the lead service rule by the date of construction of the house. All the new homes willl have a customer service inspection certifying as lead: free. Staff recommends approval. MOTION: APPROVE PUTT BROTHERS TO PERFORM METER REGISTER REPLACEMENT AND INVESTIGATE LEAD SERVICE LINES IN AN. AMOUNTNOTTO  aTCEOrequirement.  EXCEED $90,000. MOTION MADE: SECONDED: APPROVED: ABSENT:  RUFFO CHESTER MAYOR ELAM  PASSED UNANIMOUSLY BYTHOSE PRESENT  4.e Discussion and Update on the buildingpermit moratorium and on water conservation ordinances pertaining to proposed landscaping and irrigation regulations. City. Attorney Marie Johnson (via zoom) stated that the Moratorium expires on March 13, 2024 and asked ift the Council wanted to extend it. Johnson provided an extension schedule thatincluded the proposed dates for Public Hearing for P&Z and the City Council. Local Government Code, sections 212.136 and 212.1361 govern the moratorium extension. The law does not specify a duration for an extension of the moratorium. Therefore, it is the Council's discretion to decide the duration of the moratorium extension. The ordinance extending the moratorium must specify a definite duration for thei renewal period oft the: moratorium. Director of Community Development Aaron Aden provided a slide of appeals involving subdivisions and lots. There has been a total of 33 appeals, 26 exemptions requests granted (71 new home, 10 irrigation, 2 grading for new home, 1new plat, 4 subdivision, 21 firel hydrants meter) and 7 are currentlyi in review. Tot this date, wel have not denied a request. The Ordinance is very defined on what we can and cannot consider, ift the project was in progress before the initiation of the moratorium, then the request qualifies for an exemption. Assistant City Manager Kevin Lasher provided an update on the Landscape and Irrigation Ordinance schedule that included public notice for P&Z Public Hearings on Feb 6 and March 5, and City Council Public Hearings on March 26 and April 23, with an aggressive approval date oflate April, 2024. Mayor Pro Tem Ruffostated that the primary purpose oft the moratorium was to get our landscaping and irrigation ordinance in place SO that it would apply to new development. Although hei is not in favor of extending the moratorium, he appreciated seeing the schedule of dates required to get the landscaping and irrigation standards for future development in place. We are. looking at the irrigation standards with an eye towards putting these in place as quickly as possible and taking the moratorium away. The City Council continued discussion and gave staff direction to expedite the landscaping and irrigation ordinance to end the moratorium as soon as] possible. Based ont thes schedule coflandscaped ordinance, the City Council also gave direction to City Attorney Johnson to extend the moratorium by 60 days. City Council passed the Moratorium on November 14, 2023 with a vote of six to one (Councilman Krause opposed).  City Council Minutes- - January. 9, 2024  Page 4of5    Council/City Manager Comments  Interim City Manager Kevin Lasher announced that City Hall would be closed on Monday, January 15th for Martin Luther King Day. The field operation crewi is ready for the predicted weather andi if citizens needs an update, please see the scan code on the website. Lasher also announced that the Heart of Heath will be on Saturday, March 30th and urged residents to sign up. This mayl be the last  city event before thepark renovations begin.  Executive Session  At 9:51 p.m., Mayor Pro Tem Ruffo recessed the meeting to Executive Session (closed meeting) stating thati in accordance with' Texas GovernmentCode Chapter 551, Subchapter D, theCityCouncil recessed into Executive Session (closed meeting) to discuss the following: Section 551.071: Consultation with Attorney on ai matter in which the duty of the attorneyt to the governmental body undert the' Texas Disciplinary Rules ofl Professional Conduct oft the State Barc ofTexas clearly conflicts with this chapter, regarding: (i) zoning and platting standards, Local Government Code shot clock, and Trilogy final plat; (i) Trilogy development in Mclendon-Chisholm city limits and extraterritorial jurisdiction;(i) request from City of Forney relating to North Texas Municipal Water District's Buffalo Creek Interceptor System; (iv) extension of the moratorium on property development under Chapter 212, Subchapter E ofthe Texas Local Government Code; and (v) DPS property; Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offer regarding: (i) City ofHeath V. Melendon-Chisho.m, Cause No. 1-22- 1204; and (i) MCTrilogy' Texas, LLCV V. City of Heath, et al., Cause No. 3:22-CV-02154-D; Section 551.072: Deliberate the purchase, exchange, lease, or value of real property regarding: DPS Property; and Section 551.074: Deliberation regarding the appointment, evaluation, reassignment, duties, discipline or dismissal of public officer or employee, regarding: (i) City At 11:291 p.m, Mayor Pro Tem Ruffo closed Executive Session and reconvened the meeting into open  Manager.  session stating that no action was taken ini the Executive Session. Mayor Pro Tem Ruffo adjourned the meeting at 11:29 p.m.  APPROVED: Ralk PAUL RUFFO MAYOR PROTEM  ATTESA: Yoxk NORMAI DUNCAN CITY SECRETARY  Buner  r HEA  59  9  ATEC OF  City Council Minutes- - January 9, 2024  Page 5of5