MINUTES HEATH CITYCOUNCIL  TUESDAY, NOVEMBER 14, 2023 at 6:30 PM  ATTENDING: KELSON ELAM, MAYOR  PAUL RUFFO, MAYOR PRO' TEM SHARON CALDWELL JIM CHESTER RICH: KRAUSE DONNA ROLATER BRENTWEAVER  Mayor Kelson Elam called to order the Regular Meeting at 6:30 p.m. Councilman Brent Weaver  delivered the Invocation and led the Pledge of Allegiance.  2. Public Comment  Thomas Tatum, 630 Sorita Circle = spoke regarding the dire situation concerning the failed fire hydrant and water flow at Darr Estates. We implore the City to take prompt action and appropriate the necessary funds to: remediate the fire hydrant flow situation in Darr Estates. Allen Dowell, 6717 SI FM549 - his family hasl been Heath residents for over: 130) years. Opposes the moratorium because it will halt his contract with his developer and will cost him the sale of his property. P&Z denied his zoning change application even though his application complied with one acrel lots. I will lose my possible dream of showing a tribute to my family. Lyle Killey, 901 Magestic Point - spoke in support oft the moratorium and asked the council to enact it until wel have the water, the schools, the roads, the electrical grid and anything else we Ryan Joyce, Michael Joyce Properties, 767 Justin Road, Rockwall, TX = opposes the moratorium and spoke on behalf of the Dowell's. This moratorium willl have a great effect on citizens that have invested a lot ini their property and will truly affect their way oflife. Jeff Progelhof, 113 Stoneleigh Drive - 20 year resident of Heath, support the council takinga measured approach to evaluate water options. He support responsible development and responsible growth but water is our most precious resource. A short-term moratorium is fine to develop a plan of action that ensures Heath and all its residents have all the appropriate  need to carry on without it costing us a fortune.  water resources for the future.  3. Consent Agenda  3.a Action Regarding the Minutes oft the October 24, 2023 Regular Meeting. 3.b Action Regarding the Approval of a Purchase Order for a Pierce Custom MOTION: APPROVE CONSENT AGENDA, ITEM 3A REGARDING MINUTES AND ITEM 3BI REGARDING AERIAL LADDER TRUCK PURCHASE ORDER.  Enforcer 105' Aerial Ladder Truck.  MOTION MADE: SECONDED: APPROVED: 4. Executive Session  CHESTER RUFFO  PASSED UNANIMOUSLY  Mayor Elam announced that this Executive Session would not be needed tonight.  6.a Conduct a second reading and act on an Ordinance enacting a moratorium on the acceptance, authorization, and pprovalsnecessary for residential and commercial property development, consisting of the subdivision, replatting, construction, reconstruction, or other alteration or improvement of residential and commercial buildings, for all properties currently receiving City of Heath water service and all properties located within the City of Heath's certificate of convenience and  City Council. Minutes - November 14, 2023  Page 1of6    necessity, in accordance with Chapter 212, Subchapter E of the Texas Local Councilman Rich Krause stated that he was confused that no one was present to speak in support ofthe moratorium although manyl haveprevouslyespresed theirs support. Krause: recommended MOTION THAT WE TABLE THIS ITEM FOR 60 DAYS (JANUARY 23, 2024) SOWE CAN RECEIVE THE WATER STUDY, DEVELOP SOLUTIONS, WITH A TIMELINE AND PROVIDE A MORE REFINED ORDINANCE BASED ON THE DATA AND  Government Code.  tabling the item until the data from the Water study is] provided.  PUBLICI COMMENT. MOTION MADE: Motion died forl lack of a second.  KRAUSE  Mayor Elam stated that there is a lot of misinformation circulated over the moratorium and wanted to clarify by stating that the moratorium has two goals: one, we have to: find an alternate water source and two, wel have to get better with our water usage. The moratorium is not to stop growth. Wel have 861 platted lots that are vested to build homes and we don'twant that number to go up. The goal is to maintain what we are receiving from Rockwall and wait for the water study report coming next month to determine the cost ofthe alternate water source. The purpose for the moratorium now is to give us time to solve these two issues. Councilman Weaver reiterated that we: are embarking on this water study to see where we can possibly geti more water because our usage exceeds our supply and additional storage is useless. You cannot store a whole summer's worth of water. Additional supply is the solution as well as controlling our demand. The water shortage is not just a city of Heath problem, this is a problem throughout North' Texas and the State. The growth and development throughout north Texas has significantly outpaced water supplier'sc capability. For example, North Texas' Bois d' Arclake, which isj just now coming on line, was intended to carry north Texas through the next 35 years of growth but is now expected tol be tapped out within the next 5years.. And to make matters worse, as oft this summer we were 10" behind in rainfall. For Heath's small footprint ofj just 10 square miles, that 10" of missing rain corresponds to nearly 2 billion gallons of water that didn't fall on Heath's lawns. That's more than 2 years of] Heath's entire water consumption that didn't fall on our lawns as of this past summer. And last year was even worse at nearly 20" of missing rainfall, or nearly 4 billion gallons of missing water. Scale this up to the entire north Texas region and we're talking about trillions of gallons ofr rainwater missing from the system. There isa as serious water shortage. Councilman Krause stated that he was shocked that there was SO little support for this in the public hearings and his concern was that we might be missing a mark with our data. Krause recommended halting the moratorium for an additional 30 days for more data from the water Mayor Elam read outload a second reading of an Ordinance oft the City of Heath, Texas, enacting a moratorium on the acceptance, authorization, and approvals necessary for residential and commercial property development, consisting of the subdivision, replatting, construction, reconstruction, or other alteration ori improvement of residential and commercial buildings, for all properties currently receiving city water service and all properties located within the City's Certificate of Convenience and necessity, in accordance with Chapter 212, Subchapter E of the Texas Local Government Code; providing for written findings ofi fact, definitions, applicability, expiration, extension, exemptions and waivers; providing for the incorporation of premises; MOTION FOR. APPROVAL OF ORDINANCE NO. 231114A1 REGARDING ENACTING  study.  providing conflict and severability clauses; and providing an effective date.  Al MORATORIUM. MOTION. MADE: SECONDED: APPROVED: For: Against:  MAYOR ELAM CALDWELL PASSED SIXTOONE KRAUSE  CALDWELL, CHESTER, ELAM, ROLATER, RUFFO, WEAVER  City Council Minutes - November 14, 2023  Page 2 of6    6.b Case No. CUP-2023-06: Conduct a Public Hearing and act on an application for a Conditional Use Permit as required by the Heath Code of Ordinances, $ 159.21 (B)(14) to allow a detached residential garage in the (SF-43) Single Family Residential Districtand grant a variance to S 159.21 (B)(14)(c): Maximum Combined Floor Area for Accessory Buildings and Dwelling Units of 4,500 square feet to permit a Combined Floor Area of 4,538 square feet on 5.03 acres ofland described as Lot 1, Block 1, Pittman Addition and addressed as 210 Rush Creek Drive. Director of Planning Aaron Adel stated that property owners and applicant Joseph & Trisha Cutcher requests a Conditional Use Permit to allow an existing detached garage and a variance to allow a maximum combined floor area for all accessory buildings greater than the 4,500 SF allowed in the SF-43 District. Notice of Public Hearing was published in the Dallas Morning News, posted on the city website, and mailed to neighboring properties on October 26, 2023. Four notices were: returned: ini favori including one: from the applicant. Thisi is a structure that was built without a permit. The property is 5.03 acres and contains a primary dwelling, an accessory dwelling, and the subject accessory detached residential garage. The use of the building is to support their sailing hobby and there are no living quarters in the garage. The Conditional Use Permit is toj permit the detached garage, a 2,400 SF steel building, the size, height, and location oft this building conform to the requirements of 159.21; and to allow a variance to the maximum combined floor area of 38 SF to permit a combined floor area for the guesthouse and detached garage of 4,538 SF. Staff's assessment of compliance are: The existing garage was constructed without a CUP. This action does not conform to $ 159.21 (B)(14); The existing garage conforms to S 159.21 (B)(14)(b) and S 159.21 (B)(14)(d)-(g) regulating the number of accessory buildings, size for a single accessory structure, building height, setbacks, and building separation; The existing garage does not comply with S 159.21 (B)(14)(c) which limits the maximum combined floor area for all accessory buildings to 4,500 SF. A variance of 38 SF is required to permit the structure as constructed; $ 159.21 (C)(2) allows accessory buildings that do not conform to the requirements in $159.21 (B)(14) with a CUP granting the variance; and The use conforms to the Comprehensive Plan, which shows Rural Estates planned for the property. The fees for non- compliance are: $600 contractor operating without a city registration, $1,100 doubled building  (Rockwall CADI No. 54305).  permit fee ($550x2) for building without aj permit; and $1,200 CUP fee. HEARING to receive comments regarding the request. Mayor Elam opened the public hearing at 7:291 p.m.  Property owner, Jay Cutcher, 210 Rush Creek was) present and stated he was embarrassed and it was never hisi intent tol bypass the permit process. When he moved into thel home, there was ac old barn at that] location and he replaced it with the new structure. He was unaware that he  needed aj permit.  Mayor Elam closed the public hearing at 7:36 p.m. Discussion and action regarding the request.  Councilman Weaver stated that it was very unfortunate the applicant bypassed the proper permitting and inspection process. Weaver confirmed that fees and penalties for doing SO are alreadyinj place in thei fee schedulea and discussed with the cityinspectorifthel lackofconstruction inspections could be mitigated with the applicant's timeline photos and structural drawings sO that thel building official can verify. Councilwoman Caldwell stated thatani independentinspector should bel hired to confirm that the contractor meets all the standards ofour city ordinances.  MOTION TO APPROVE CONDITIONAL USE PERMIT.  MOTION MADE: SECONDED: APPROVED: For: Against:  WEAVER ROLATER PASSED SIXTO ONE CALDWELL  CHESTER, ELAM, KRAUSE, ROLATER, RUFFO, WEAVER  City Council Minutes - November 14, 2023  Page3of6    6.c Case No. ZA-2023-05: Conduct a Public Hearing and act on an application to change the zoning classification of property addressed as 6717 S FM 549 and further described as Tract 15, A. Rodriguez Survey, Abstract 231, City of Heath, Rockwall County, Texas, and aj portion ofp propertyaddressed as: 200 Bevan Circle and further described as] portion oflacts7okARodrisuezsung,Abhtrnct 230,CityofHeath, Rockwall County, Texas from (A) Agricultural District to (PD-SF) Planned Development for (SF-43) Single Family Residential Uses and createi the Hall Estates Residential Planned Development containing sixteen (16) single-family residential lots on 19-32 acres ofland. (Rockwall CADI No. 12922 and a Portion of1 12972).  HEARING to receive comments regarding the request. Mayor Elam opened thej public hearing at 7:46 p.m.  Applicant, Ryan Joyce, 676Justin Road, Rockwall, TX - given the size oft the property, weare limited in options and also given that the Moratorium has passed, we would like toi request to  withdraw this application.  Mayor Elam closed the public hearing at 7:46 p.m. MOTIONTO. ACCEPTTHE WITHDRAWAL REQUEST  MOTION MADE: SECONDED: APPROVED: Project.  MAYOR ELAM CALDWELL PASSED UNANIMOUSLY  6.g Discussion Regarding the City's Firefighting System and Related Capital Improvement City Engineer Richard Dormier stated that 2020 water study analyzed the subdivisions in the city and identified all the areas needing repairs, water line: sizes and areas deficient in water flow. Most oft the areas needed repairs were from RCH and Forney Waterand were built 35-45. years ago. Our goal is to make all upgrades and repairs by 2025. In 2020, the approximate cost was $13 million. Approximately $4 million have been made ini repairs and upgrades and these areas include Rabbit Ridge, Antigua Bay, Cove Ridge, Haciendas del Lago and Hillview. Dormier provided information regarding areas of the city with small water lines where the current Fire Code required fire flows are not available. Historically, required fire flows have increased when new fire codes are adopted. Formanyyears, the required firei flow was750gallons) per minute (GPM)foronehour. In recent years it has grown to 1,000 GPM for houses 3,600 SF or less and 1,500 GPM for houses larger than 3,600 SF. Many oft the areas deficient in water line size are the result ofa acquisition of areas previously served by Water Supply Corporations which were not required to provide fire flow. City Manager Adams stated that staff will present an updated list of the areas needing repairs/upgrades and the cost and funding recommendations at the December 12th meeting. 6.f Discussion and. Action Regarding a Bid for: 300 HPI Motor and Pump for Pump Station City Engineer Richard Dormier stated that the Cityo of] Heath receives NTMWD water from the City of Rockwall via Heath's Pump Station on Townsend Drive in Rockwall. The Pump Station currentlyhas: 2-3001 HP motors and pumps andi 1-2 200 HP motor and pump with ai firm pumping capacity of 6,800 GPM (9.8 MGD) with the largest pump. out of service (as required by TCEQ). The purpose of this project is to: replace the 20+ year old 200 HP motor and pump with a new: 300 HP motor and pumpi toincreaset thei reliability of the pumpings system. Replacinga: 200 HP motor with a new 300 HP motor will increase the firm pumping capacity to 8,000 GPM (11.5 MGD) with thel largest pump out ofservice. This will also put a newi motor online, replacing a: 20+ year old motor and pump. This funding fort this project isi includedi in the current budget; however, the low bidder price exceeded the budget amount by about $90,000. The goal oft this project will be to have the new pump installed before June 1, 2024. This will be dependent upon manufacturing time and delivery oft the motorand pump. Pump manufacturers havei indicated to staff that the pump delivery would meet thiss schedule with expedited review and approval ofs shop drawings; however wel have no control over the manufacturing and delivery process and sO at this  No. 1i in Rockwall.  City Council Minutes - November 14, 2023  Page 4 of6    time there is no guarantee the stated goal will be met. The addition oft the new and larger pump will increase reliability oft the pumping system furthering compliance with firm pumping capacity with thel largest pump out of service. Since the project is out of budget, Staffhas researched other possible solutions tothis project. The Cityisar membero ofThe Interlocal Purchasing System (TIPS) which is similar to the Buy Board. It appears that the 300 HP motor andj pump can be purchased through TIPS directly by the Cityand upon delivery hire: a third party toi install the new pump and motor. As of this time, our research indicates the project can be done through TIPS and an installation company within the City budget amount. It also appears the delivery time and completion may be a few weekss sooner than the 180 days allowed in thel bid documents. Based on aj possible quicker installation and ability to construct the project closer to the $250,000 budget, staff recommends rejecting all bids and authorizing city staff to pursue purchase of the 300 HP MOTION TO REJECT ALL BIDS AND APPROVE DIRECT PURCHASE THROUGH TIPS ANDA1 THIRD PARTYS SURCONTRACTORTOPOTH: INSTALLATION.  motor and pump through TIPS.  MOTION: MADE: SECONDED: APPROVED:  WEAVER ROLATER PASSED UNANIMOUSLY  6.d Discussion and Action on a Resolution of the City Council of the City of Heath, authorizing the City Manager to execute a Professional Services Agreement with Halff Associates to perform Professional Geographic Information System (GIS) Assistant City Manager Kevin Lasher stated that the city requested Halff Associates to developa five-year plan for creating and maintaining an enterprise GIS database and provide hosting services fort this database. Halff Associates would development the foundation fora GIS database from the City's existing GIS datal layers and publica available GIS data for the city. This agreement ist for year one ofai five-year program and outlines the tasks that willl bej performed tos support the City's needs to assess, inventory, and maintain the available data that will bei includedi in the GIS database, web. maps, and mobile GIS applications. The cost is $50,000 for year one and funding for this effort has been allocated ini the Fiscal Year 2023-2024 Utility CIP budget. MOTION: APPROVE RESOLUTION NO. 231114A REGARDING A PROFESSIONAL SERVICES AGREEMENT WITH HALFF ASSOCIATES FOR A GEOGRAPHIC  services ini the amount of $50,000.00.  INFORMATION SYSTEMS. MOTION MADE: SECONDED: APPROVED:  RUFFO CHESTER PASSED UNANIMOUSLY  6.e Discussion and. Action Regarding the. Award of Contract for Design of Public Works Interim Director of Public Works Michael Shook stated that the City is issuing bonds for design and construction of a new Public Works Facility adjacent to the current public works building. Former Director of Public' Works, Matt Holzapfel selected Freeman-Millican to1 negotiate scope and cost to design and prepare plans ands specifications: for the new) publicworks facility. The total project budget is $6,250,000 with a contingency of20% (S1,250,000)leaving: ac construction budget of $5,000,000. The new facility will have eleven office spaces for ultimate needs of thei public works department along with a breakroom, conference room, men and women's lockers, sleeping quarters for emergency situations, storage and warehouse facilities. The warehouse area isa anticipated to meet ultimate needs but is set up to be easily expanded if needed in the future - fori instance ift the future Parks Department does not become its' own department. The office area of the building is about 5,880 SF and the Shop/Warehouse area is 4,800 SF in size for a total footprint of 10,680 SF. With the upstairs area for storage, the usable space is 11,840 SF. This project is funded in the bond sale for the Park, Fire Station, and Public Works Building. The proposed design contract for the project lists the work items necessary to design and obtain  Building and infrastructure improvement.  City Council Minutes November 14, 2023  Page5of6    Federal, State, and Local permit approvals to construct the facility. Thep project willl be designed to MOTION: APPROVE THE AWARD OF CONTRACT TO FREFMAN-MILLICAN FOR DESIGN OF PUBLICWORKS BUILDING ANDI INFRASTRUCIURE IMPROVEMENT.  meet current Federal, State, and Local design and code requirements.  MOTION MADE: SECONDED: APPROVED:  CALDWELL KRAUSE  PASSED UNANIMOUSLY  7. Council/City Manager Comments  City Manager Aretha Adams announced that Christmas in Heath, our annual tree lighting is on Friday, December 1st from 5:30 p.m. to 8:30 p.m. On December 13 at 11:00 a.m. there is a groundbreaking for the Towne Center Plaza Park (pocket park)i in front ofthe Tom Thumb. There will not be a November 28th council meeting, the next meeting will be on December 12th, Thisis is a very busy time for the staff right now and thanked the staff for all their work and dedication. Thel next two days, thes staffLeadership Team willl be off-site in Rockwall Countyin a teaml building and elevation retreat sO we can continue to do even al better job for the council and the citizens of Heath. On a sad note, this is Marie Johnson's (City Attorney) last meeting. Thanky you tol Marie for her professionalism and helping us get through the moratorium. Cynthia Kirchoff will be her  replacement. 8. Executive Session  At 8:34 p.m., Mayor Elam 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: 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 Bar ofTexas clearly conflicts with this chapter, regarding: (i) zoning and platting standards, Local Government Code shot clock, and Trilogy final plat; (ii) Trilogy development in Mclendon-Chisho.m city limits and extraterritorial jurisdiction; (ii) legality of Senate Bill 2038 of the 88th Regular Legislative Session, and Petitions for Release from the Extraterritorial Jurisdiction: (ETJ); and (iv) TxDOT widening of FM 3097; and Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offer regarding: (i) City of Heath V. Melendon-Chisholm, Cause No. 1-22-1204; (ii) MCTrilogy Texas, LLC V. City ofHeath, et al., Cause No. 3:22-CV-02154-D; and (iii) City of Atg 9:21 p.m, Mayor Elam closed Executive: Session and reconvened thei meeingintoopensession  Grand Prairie VS. State ofTexas, Case No. D-1-GN-23-007785- stating that no action was taken in the Executive Session. Mayor Elam adjourned the meeting at 9:21 p.m.  OFHE  APPROVED: 5or KELSON ELAM MAYOR  ATTEST:  TEL TEC OF  NORMAI DUNCAN TaQna CITY SECRETARY  City Council Minutes - November 14, 2023  Page 60f6