MINUTES  REGULAR CALLED MEETING- - HEATH CITY COUNCIL  TUESDAYJULY 25, 2023 at 6:30 PM  ATTENDING: KELSON: ELAM, MAYOR  PAUL: RUFFO, MAYOR PROTEM SHAWON CALDWELL JIM CHESTER RICH KRAUSE DONNA ROLATER  ABSENT: BRENTWEAVER  Mayor Kelson Elam called to order thel Regular meeting at 6:30 p.m. Councilman Rich Krause delivered  thei Invocation and led the Pledge of Allegiance.  2. Public Comment  Rob Whittle, 460 Terry Lane - stated that he was] present tonight as a citizen and business owner of Heath and wished to praise City staff members: P.W. Construction Inspector Martin Chavez, City Engineer Richard Dormier, City Manager Aretha Adams and CIP Manager Michael Shook, for their expertise and dedication on the Hubbard Drive Bridge. Whittle also commended Mayor Elam for his leadership in getting this project done despite the tight labor market and recommended naming the  Bridge, Kelson Elam Bridge". Mayor Elam thanked Mr. Whittle.  3. Recognition  Director of Public Safety, Chief Brandon Seery presented a Lifesaving Award to Heath DPS B-Shift, Captain Michael Morgan and Sergeant Dallas Talley, Officers: Billy Termin, Kenny Griffith, Clint Crabtree, Joseph Wills, and Jake Ahrens. Not Present were Officers, Justin Smith and Bill Rushing, for their heroic actions on June 25th that saved thel life ofa 2-year-old that had fallen into a swimming pool and wasi not breathing. Mayor Elam said we could not be morej proud oft the department.  4. Consent Agenda  4.aAction! Regarding thel Minutes oft the. July 6, 2023 Budget Work Session, July1 11, 2023 Regular Meeting, July 11, 2023 Special/Joint Meeting and. July: 13 Quarter. Joint Work Session. MOTION: APPROVE CONSENT AGENDA, ITEMS 4.a REGARDING MINUTES.  MOTION MADE: SECONDED: APPROVED: ABSENT:  KRAUSE CHESTER WEAVER  PASSEDI UNANIMOUSLY BYTHOSE PRESENT  5.a Items for Individual Consideration  Matt Holzapfel, Director of Public Works provided a Pump Station No. 1 Repair Status Report. On Thursday, June 22nd at 10:30 p.m., the City staff responded to an alarm that one of the 300-HP pumps had failed. This] put the Cityi in Stage 2 water restriction. Staffquicklyv worked withi the Pump shop to repair the issue. On July 14th, the pump was repaired and at that time, it was discovered that the pump (VFD) Variable Frequency Drive was not functioning properly. Staff immediately contacted the Technician. On July 18th, the Danfoss representative technician found the problem and ordered the needed parts. On July 25th, the repairs were made allowing full use of all three distribution pumps. Holzapfel explained the plans to avoid future failures and has requested a proposal from Freeman Millican, Inc. to develop a detailed (0&M) Operation and Maintenance Manual for every: piece of equipment at the Pump Station. Holzapfel also provided an update with the replacement of the new ultra sonic-water meters. City Manager Adams stated that today, the Cityi is back in Stage 1 but asked the citizens to watch their water behavior. and work together SO we cans stayin Stage 1. The Cityofl Rockwall allows Heath 6.0million; gallons a day. Ifwet use, 5.41 million gallons per dayf for two consecutive days, we will bei forced to gol backi into Stage 2. Stage 2 is needed sothat our tankl levels do not deplete avoidingawaterbol. situation which: is a much worse: situation.  City Council Minutes - June. 27, 2023  Page 1of2    Stage 1 restrictions allow watering two times per week and Stage 2 allows watering one time per week. The. last number ofs your address will determine the date assigned to you for watering. Adams asked the citizens to adhere to the rules and noted that citations will be issued for the offenders. Citizen, Jim Robinson asked about additional ground storage tanks and expressed his concerns in the issuing of new Building Permits and asked if these permits could bel halted until the wateri issue  was resolved.  6.1 Mayor, Council and City Manager. Reports  City Manager. Aretha Adams gave a shout out to Director of Public Works Matt Holzapfel, Division Manager Utilities, Larry Dunham and the Public Works Department for their efforts in getting us through the water crises that took 33 days tol havet thej pump running again. Adams also gave a shout out to Chief Seery and his department for their heroic efforts in having the baby. Thank you to my fantastic team and thank you Rob Whittle for the kind words. Both the Hubbard Drive Bridge and  Rabbit Ridge are now open. 7.1 Executive Session  At 7:54 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 of Texas clearly conflicts with this chapter, regarding: (i) zoning and platting standards, Local Government Code shot clock, and Trilogy final plat; (i)Trilogy development in Melendon-Chisholm cityl limits and extraterritorial; jurisdiction; (iii) dispute regarding the creation of RockwalComntyMUDNo.10involMingt theTilogydeelopment inl McLendon- Chisholm city limits and extraterritorial jurisdiction; (iv) North Texas Municipal Water District easement and tree mitigation and (v) discussion regarding the impact of the 88th legislative session; Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offer re: (i) City of Heath V. Melendon-Chisholm, 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 MUDNo. 10; (iri) North' Texas Municipal Water] District V. Cityof Heath, Cause No. 1-22-0704; and (iv) MCTrilogy' Texas, LLCV. City of Heath, et al., Cause No. 3:22-CV-02154- D; and Section 551.074: Deliberation regarding the appointment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee, regarding: procedures for appointments or reappointments to the Board of Adjustment, Architectural Review Board and Take Area. Appeals Panel. At 9:12 p.m, Mayor Elam closed Executive Session and reconvened the meeting into open session  stating that no action wasi taken ini the Executive Session. 9. Discussion and Action Regarding Appointments to Boards.  MOTION: APPOINT ROBERT FARQUHARSON TO THE. ARCHITECTURAL REVIEW BOARD. AND: NATHAN GOODNIGHT AS. AN ALTERNAIETOTIE ARCHITECTURAL REVIEWBOARD. APPOINT: IRA BERGER, CINDYHORNE, JAMES SAX. AND DAVID VEGA AS ALTERNATES TO THE BOARD OF ADJUSTMENT. APPOINT JOSHUA  SMALLASANALTERNATETOTHE TAKE. AREAAPPEALS PANEL.  MOTION. MADE: SECONDED: APPROVED: ABSENT:  RUFFO MAYOR ELAM WEAVER  PASSED UNANIMOUSLY BY' THOSE PRESENT  Mayor Elam adjourned the meeting at 9:13p.m.  59  APPROVED: nea KELSON ELAM MAYOR City Council Minutes - June 27, 2023  ATTEST:  NORMA DUNCAN CITY SECRETARY  Page 2of2