MINUTES REGULAR CALLED MEETING HEATH CITY COUNCIL TUESDAY, AUGUST8, 2023 at 6:301 PM  ATTENDING:  KELSON: ELAM, MAYOR PAULRUFFO, MAYOR PRO' TEM SHARON CALDWELL JIM CHESTER RICH KRAUSE DONNA ROLATER BRENT WEAVER  ABSENT:  Mayor Kelson Elam called to order the Regular meeting at 6:30 p.m. Councilwoman Sharon Caldwell  delivered the Invocation and led the Pledge of Allegiance.  2. Public Comment  Al Lowrance, 129 Mallard Crossing - stated that knowing information really helps and controls the frustration and requested moret timely updates on the website. Also asked whyis David Slee, 2417 Kathryn Drive - stated that he was disappointed in the handling oft this and we should have a redundancy of information and also we should have back up plans to replace any pumps that go out. After last year's issues, it is clear that the current residents of Heath need more water. Three questions 1. What was done between now and last year to secure more water for the citizens of Heath; 2. What are the current policies for building out infrastructure; and 3. What is the current plan to keep the city out of water restrictions to Jim Robinson, 140 Old Vinyard Lane - asked what we are doing about the inadequate water situation and suggested enforcing an emergency moratorium on new construction, putting occupancy permits on hold and asked DPS to resolve mess on Horizon Road with the school Toby Mendenhall, 404 Willow Springs - stated that emphasis on more housing developments doesn't make sense with our current water situation. We want to make sure we Brad Daniels, 917 Reflection Court - asked to view the water contract with the City of Rockwall and asked how we got where we are today. The water projection in 2014 was 11 million and now in 2023 we have projected 7-5 million gallons. Why the drop? Why the restriction of 5-5 million gallons per day. The population is increasing and we are growing fast. Ifwe cannot supply the citizens of Heath with the water that we need right now with our current numbers, what are we going to doi toi fix that and why don't we stop thel building.  the weekend not included and let's water over 7 days instead of5 days.  avoid this year after year.  traffic.  can maintain our landscape and aren'tgetting enough water in Heath.  3. Consent. Agenda  3.a Action Regarding the Minutes oft the. July 25, 2023 Regular Meeting.  MOTION: APPROVE CONSENT. AGENDA, ITEMS. 4.a REGARDING MINUTES.  MOTION MADE: SECONDED: MOTION: MADE: SECONDED: APPROVED: ABSENT:  ROLATER RUFFO ROLATER RUFFO WEAVER  MOTION. AMENDED: APPROVE MINUTES WITH REVISIONS.  PASSED UNANIMOUSLY BYTHOSE: PRESENT  City Council Minutes - August 8, 2023  Page 1ofs    4.c Staff Briefing on Proposed Alternate Water Supply Study and Potential Impacts to Director of Public Works Matt Holzapfel provided a presentation regarding alternate water supplies and a water system status. Staff suggest that City Council consider pausing the acquisition/ condemnation of the Pump Station No. 2 site on Hanby Lane until the Alternate Water Supply Study brings clarity to preferred locations for future City pump stations. In the past 15-years, the City of Heath has explored alternate sources and suppliers of water for the community in order to increase water supply, improve reliability and reduce supply disruptions. The last major study regarding alternate sources of supply was conducted in 2012 by Freese and Nichols, Inc. (F&N). Because oft the current supply limitations imposed on Heath by the City of Rockwall, it is appropriate for the City to again examine the financial, technical and administrative feasibility of alternate water sources to supplement or replace our current City of Rockwall source. Staff will brief City Council on the alternatives that will be considered with the proposed study and potential impacts to the location of major water supply infrastructure. The City has not yet received aj proposal from Freeman-Millican, Inc. for the proposed study. However, staff has allocated $100,000 for this study in fiscal year 2023-24 Capital Improvement Plan (CIP) budget. The City of Heath is an indirect customer city of the NTMWD system, since Heath does not have a direct connection to the NTMWD water transmission system, nor does Heath have a water supply contract with the NTMWD. The City of] Heath receives all ofits water from the City of Rockwall at a single location. At this location Rockwall also receives a portion ofi its water from the NTMWD. This NTMWD delivery point is known as Rockwall No. 2. At present the City of Rockwall, RCH WSC, Blacklands WSC and the City of Heath all received water from NTMWD delivery point Rockwall No. 2. For Heath, RCH and Blacklands this is the exclusive water source. The City of Heath water supply contract with the City of Rockwall expired without renewal October 27, 2021. The expired contract commits Rockwall to supply up to 5-5 million gallons per day (MGD), with conditions. Email from the City of Rockwall Director of Public Works on 7-18-2022 increased this amount to 6.0 MGD. Heath Transfer Pumps lockout further transfer when the amount pumped from Rockwall exceeds 6.0 MGD in any 10:00 pm to 10:00 pm 24-hour period. Daily limit clock is reset at 10:00 pm. Heath is limited to a maximum of 6-MGD for the foreseeable future. A letter was sent June 21, 2022, from the City of Rockwall legal counsel to City of Heath legal counsel asked Heath to "-startinvestigating options for direct delivery from NTMWD." The expired contract with the City of Rockwall was very favorable to Heath, with water rates to Heath marked up only 10-cents per thousand gallons above the NTMWD rate to Rockwall. Phone conversations with NTMWD staff on June 31stindicated NTMWD ability to supply Rockwall No. 2 delivery point is "somewhat constrained, especially in the near term." Heath City Manager appealed to the City of Rockwall this past week for additional supply capacity above the 6.0-MGD limit imposed during the summer of 2022. Rockwall checked with the NTMWD and the appeal was denied due to NTMWD supply constraints to delivery point Rockwall No. 2. Rockwall relayed information that the NTMWD was pumping 20-MGD to Rockwall No. 2, but this was not sustainable, and the NTMWD would need to reduce the supply to 15 to 18-MGD in the next few days. Earlier conversations with City of Rockwall staff indicated that the NTMWD did intend on making limited improvements to supply to the Rockwall No. 2 delivery point sometime in 2025 to bring total maximum capacity to an estimated 22-MGD. Beyond 2025 Rockwall staff is not aware of any additional NTMWD system improvement that would increase the supply to Rockwall beyond 22-MGD. Maximum capacity does not imply sustainable output. Staff will continue to look for alternate water supplies. Information from phone conversation with NTMWD staff on. June 31, 2023: The NTMWD would not consider selling any of their raw water to the City of Heath. That option will not be considered as every drop of the Raw water is needed for future demand. Since the City of Heath is currently being served by the City of Rockwall, the NTMWD policy is to not support any changes to that arrangement without full agreement by the City of] Rockwall. NTMWD Customers cannot wholesale water to other entities. Blacklands WSC received permission and support from the City of Rockwall to become a direct customer of NTMWD in March of 2016. However, Blacklands WSC will bei required to obtain their water from the NTMWD at US 80. RCH WSC is negotiating a similar arrangement as Blacklands WSC with Rockwall and NTMWD and they also will likely be required to obtain their water from the NTMWD at US 80. The City of Heath will likely be asked to obtain any additional water and maybe all of our needed water from  Second Pump Station Location.  City Council Minutes - August 8, 2023  Page 2of5    the NTMWD at US 80 as that is where they have the capacity. Holzapfel concluded his presentation and Council continued some discussion. Mayor Elam thanked all the citizens for attending. 4.a Discussion and Action on an Ordinance Amending Ordinance No. 220712a establishing Chapter 98, "Outdoor Lighting/Dark Sky Ordinance," City of Heath, Code of Ordinances (the Ordinance), specifically to $ 98.05 (C), "General Outdoor Lighting Standards", which requires streetlights to bei installed, repaired, or replaced within five years from the effective date of the ordinance to have a Color Rendering Index (CRI) of 80, and specifically to S 98.03 Definitions" of the Ordinance by adding a reference for Sports Fields and Courts under Non-Residential Property, Assistant City Manager Kevin Lasher stated that this is a text amendment to the recently adopted Outdoor Lighting/Dark Sky Ordinance, Section 98.03 of our Code of Ordinances to amend: 1. change the color rendering index for our streetlights in public spaces/streets from 80 CRI to 70 CRI; and 2. revising the definition of non-residential property by adding sport fields, courts and related lighted facilities subject to the full enforcement of this ordinance. The rationale behind this ist that most of these lights are in residential areas and this lighting ordinance excludes a lot of residential. Staff has been working with Oncor for over a year to coordinate the exchange of existing streetlight fixtures with new fixtures that conform to the outdoor lighting ordinance. Ordinance no. 220712A was approved by the City Council on July 12, 2022 and the city has five years after the date of this ordinance to substantially complete the exchange. Oncor has informed staff that their manufacturer does not include 80 CRI luminaries in their current replacement offerings. Oncor only purchases the highest-rated fixtures oft the current offerings, which is 70 CRI. They are therefore asking city staff to present an ordinance amendment to the City Council to permit the replacement of the nonconforming public streetlight fixtures with new Fixtures specified with a CRI of 70 in lieu of 80 as required by S 98.05 (3), "General Outdoor Lighting Standards." Another purpose for this amendment is to clarify that lighted sports fields and courts shall be subject to the full force and effect of the night sky lighting ordinance regardless of zoning district classification. This would require the review of photometric data for such fields proposed on private residential lots. This review is deemed necessary to ensure the lighting of these types of facilities do not trespass onto neighboring lots. The Color Rendering Index (CRI) measures a light source's ability to reveal the colors of various objects accurately compared with a natural or standard light source. Iti is measured as a number between 0 and 100. At zero, all colors look the same. A CRI of1 100 shows the true colors of the object. So, the higher the CRI, the better the color rendering capacity. The city will be responsible for additional monthly tariff costs with these new replacements. Staff will continue working with Oncor to secure a final replacement/nstal.ation budget and schedule. Approximately 688 streetlight fixtures will need to be replaced. When the lighting ordinance was being crafted, several estimates were derived ranging from $1.2 to $2 million for the total replacement cost. Supply change issues and inflation still are impacting production costs, it has proven to be a very difficult calculation. Staff will continue to work with Oncor to derive a pricing schedule that would be applied and allocated with each subsequent budget cycle until the change-out is complete. KristyTyra, Oncor Electric. Area Manager is present MOTION: APPROVE ORDINANCE NO. 230808A REGARDING THE AMENDMENT TOTHE GENERALOUTDOOR LIGHTING STANDARDS WITH REVISIONS.  providing an effective date.  MOTION. MADE: SECONDED: APPROVED: ABSENT:  KRAUSE CHESTER WEAVER  PASSED UNANIMOUSLY BY' THOSE PRESENT  4.b Discussion and Action on a. Resolution of the City Council oft the City of Heath, Texas, approving the Schematic Design Plan (the Plan) for the Laurence Center Mini-Park as recommended for approval by the Parks Board ofthe City of Heath, Texas, on July 17, 2023, and as produced by the firm la terra studio, Inc. dated April 14, 2023, being approximately 38,219 square feet of land (0.8774 acres) formerly used as TxDOT right-of-way located at the intersection of FM 549 and FM 740, Heath, Texas; and  providing an effective date.. City Council Minutes August 8, 2023  Page. 3of5    Assistant City Manager Kevin Lasher stated that April 2023, City Council approved the Phase 2 agreement with la terra studio, Inc. to proceed with thei finalization oft the schematic design plan for the Laurence Center Mini-Park and to produce the construction bid package. The Parks Board has reviewed the attached Plan, along with Steven Gregory, Matt MacConnell with Malouf Group, and Robert Sharp with the. Anchor Seafood Restaurant and has approved. Based on input received from these stakeholders, the plan was revised to produce gaps between the trees that would be infilled with low shrubs to maintain the spatial definition of the open esplanade and provide a view window toi the retail buildings. For example, three trees would establish an edge pattern along each plaza boundary, followed by a shrub gap where two trees would typically be planted. Then after the shrub gap, five trees would be planted, followed by a 3-tree shrub gap, and SO on. If approved by the City Council, latera studio will develop construction drawings for a bid package to be administered in October of this year. A schedule for project completion with critical dates is presented below, schedule: July/August 2023 - Finalization of Design Development: September- Construction Documents; October/Noyember - Bidding; December - Groundbreaking: December/March 2024 - Commence Construction; April 2024 - Ribbon Cutting. The design revisions and the plan's other elements were recommended for approval by the Parks Board on MOTION: APPROVE RESOLUTION NO. 230808A REGARDING SCHEMATIC  July17, 2023. These funds will come: from the Parks CIP fund. DESIGN PLAN FORTHELAURENCE CENTER MINI-PARK.  MOTION MADE: SECONDED: APPROVED: ABSENT:  RUFFO ROLATER WEAVER  PASSED UNANIMOUSLY BYTHOSE PRESENT  5. Mayor, Council and City Manager Reports  Assistant City Manager Kevin Lasher stated that the Heath Municipal Court was very busy yesterday hearing a lot of cases regarding watering violations and thanked all the residents that did comply with thei restrictions and also gave a shout out to Code Enforcement for all theirwork.  6.1 Executive Session  At 8:54 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 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-Chisholm city limits and extraterritorial jurisdiction; and (iri) dispute regarding the creation of Rockwall County MUD No. 10 involving the Trilogy development in Mclendon-Chisholm city limits and extraterritorial jurisdiction; Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offer re: (i) City of Heath V. Mclendon-Chishom, Cause No. 1-22-1204; (ii) City of Heath V. Texas Commission on Environmental Quality, TCEQ Internal Control No. D-12302021-047, regarding the creation of] Rockwall County MUD: No. 10; (iri) MCTrilogy Texas, LLC V. City of Heath, et al., Cause No.; 3:22-CV-02154-D; (iv) acquisition ofr rights-of-way and easements for the Hubbard Drive Project and (v) acquisition of a 4.644 acre parcel for a pump station and ground storage tank generally located on the southwest side of Hanby Lane, +/- 3,100' southeast of Hope Drive, in Heath, Rockwall County, Texas; and Section 551.072: To deliberate the purchase, exchange, lease, or value of real property regarding: (i) acquisition of rights-of-way and easements for the Hubbard Drive Project and (ii) acquisition of a 4.644 acre parcel for a pump station and ground storage tank generally located on the southwest side of Hanby Lane, +/- 3,100' southeast of Hope Drive, in At 9:39 p.m, Mayor Elam closed Executive Session and reconvened the meeting into open session  Heath, Rockwall County, Texas.  stating that no action was taken in the Executive Session.  City Council Minutes August 8, 2023  Page 4of5    Mayor Elam adjourned the meeting at 9:39p.m.  APPROVED: eft KELSONI ELAM MAYOR  ATTEST:  NORMA: DUNCAN CITY SECRETARY  Vlarar  F D  59  OF  City Council Minutes August 8, 2023  Page 5 of5