MINUTES HEATH CITY COUNCIL COUNCIL REGULAR CALLED MEETING TUESDAY, MAY9, 2023 at 6:30 PM  ATTENDING: KELSON ELAM, MAYOR  PAULI 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. Counciman Weaver delivered the  Invocation and led the Pledge of Allegiance.  2. Issuance of Oath  City Secretary Norma Duncan read aloud the Oaths of Office swearing-in newly elected Councilwoman Sharon Caldwell, Place 1, and re-elected to office: Councilman Paul Ruffo, Place 2; Councilman Brent Weaver, Place 4 and Councilman Richard Krause, Place 6. Councilman Ruffo and Councilman Weaver will begin serving their fourth term and Councilman Krause will begin serving his seventh term. All three were declared unopposed in the May 6, 2023 General Election. Mayor Elam congratulated the Councilmembers for volunteering their time and serving the citizens of  Heath. 3. Public Comment 4. Consent. Agenda Session.  No ones signed up to speak at the open forum.  4.a Action Regarding the Minutes oft the. April 25, 2023 Regular Meeting and April 13th Joint Work 4.b Action Regarding an Ordinance Adopting a Water Resource and Emergency Management Plan (Drought Contingency Plan) and Other Water System Regulations for The City of Heath to Promote Responsible Use of Water and to Provide a Staged Plan for Implementation of Water Use Restrictions During Times of Drought, Water Restrictions or Water Emergency. (M. MOTION: APPROVE CONSENT AGENIDA, ITEM 4.a REGARDING MINUTES AND ITEM 4.b APPROVING ORDINANCE NO. 230509A REGARDING WATER RESOUCE AND EMERGENCYMANAGEMENT PLAN (DROUGHTCONTINGENCYPLAN).  Holzapfel)  MOTION MADE: SECONDED: APPROVED:  WEAVER ROLATER PASSED UNANIMOUSLY  5.a Presentation, Interview, Discussion and Act on a Resolution Regarding the Parks Board Recommendation for the Selection of Hill and Wilkinson General Contractors for the Construction Manager at Risk (CMAR) for the Renovations and Improvements City Manager Aretha Adams stated that earlier today we heard a presentation on the Fire Station Study proposing the addition of one or two new fire stations in the City of Heath. The conclusion was that we have several needs and wants in front of us. We want high-quality services and amenities such as the Towne Center Park but we. have other needs that need to be considered before  to' Towne Center Park.  City Council. Minutes - May 9, 2023  Page 1of3    we proceed with the park. Adams stated that she does not feel comfortable bringing a want before you that could potentially impact a need. We: must review our bonding capacity for the Fire Station first before proceeding with the Park. Staff is working with the City's Bond Counsel and will bring more detailed information to the Council and recommends tabling this item for now. Mayor Elam stated that in getting the park bond, we don't want that to impact any other bonds that we may need. We have lawsuits and interest rates that may impact this. Nothing will change with who we have selected to do the project. We are taking a break, getting all the information to ensure that we have our funding straight. Mayor Pro Tem thanked Staff for bringing this to the Council so they can  do their due diligence and being strategic about this. MOTION TOTABLE THE ITEM.  MOTION MADE: SECONDED: APPROVED:  MAYOR ELAM RUFFO PASSEDUNANINOUSIY  5.b Discussion and Action Regarding a Resolution authorizing the City Manager to execute a contract between the City of] Heath and Peloton Land Solutions for the 2023 Mayor Elam stated that $80,000 was previously approved for this project and the proposal came back at $90,000 which is more than what we were willing to spend. Council discussed and suggested holding off on executing a contract. We don't see major changes to the Comp Plan and we. have an Update Committee that is made up of members of our community that are on our Boards and Commission that are very knowledgeable of the City and the plan. We recommend moving forward with the Committee with a study to identify the changes needed to update the comprehensive plan as opposed tol hiring a group that will review the entire process. Staff suggested a Comp Plan update every ten years instead of every five years. The Mayor recommended to deny the Resolution authorizing to execute a contract with Peloton Land Solutions. Councilman Weaver stated that the expectation for the Comp Plan is that the plan is ap pretty good plan as is and it merely needs minimal tweaks. The proposal of $90,000 was not anticipated since a big revision is not needed and because oft this, staff suggested that maybe we don'tneed to review the Plan every 5 years but instead every 10 years. Weaveri indicated that he was not comfortable waiting a full 10 years but at this point didn't believe an external consultant was needed to tell us what we alreadyknow. Wel havea ag good Committee inj place that can review the existing comp plan and come back with their recommendations in approximately MOTION: DENYTHEAUTHORIZATION? TOI EXECUTE. A CONTRACT.  Comprehensive  aj year. The council consensus was to handle the update in-house.  MOTION MADE: SECONDED: APPROVED:  WEAVER CALDWELL PASSED UNANIMOUSLY  6. Mayor, Council and City Manager Reports  City Manager Aretha Adams congratulated the newly elected and re-elected council members. Adams thanked the council fori their continued support and the staffi for their work.  7. Executive Session  At 6:53 p.m., Mayor Elam recessed the meeting to Executive Session (closed meeting) stating that ina 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 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; (i) Trilogy development in Mclendon-Chisholm city limits and extraterritorial jurisdiction; (iii) dispute regarding the creation of Rockwall County MUD No. 10 involving the  City Council Minutes - May 9, 2023  Page2of3    Trilogy development in Melendon-Chisholm city limits and extraterritorial jurisdiction; and (iv) North Texas Municipal Water District easement and tree mitigation; Section 551.071: Consultation with. Attorney regarding pending or contemplated litigation or settlement offer re: (i) City of Heath VS Mclendon-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 MUD No. 10; (ii) North Texas Municipal Water District Vs. City of Heath, Cause No. 1-22-0704; (iv) MC Trilogy Texas, LLC City of Heath, et al., Cause No. 3:22-CV-02154-D; and (v) acquisition of a 4.644 acre parcel for aj 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 a 4.644 acre parcel for a pump station and ground storage tank generallylocated on the southwest side of Hanby Lane, +/-3,100' southeast of Hope Drive, in Heath, Rockwall County, Texas; and (ii) possible sale or exchange oft two City of Heath properties to Rockwall Independent School District - RCAD property. ID 88714 and KCAD Property ID: 195047. At 8:18 p.m, Mayor Elam closed Executive Session and reconvened the meeting into open session  stating that no action was taken in the Executive Session. Mayor Elam adjourned the meeting at 8:18 p.m.  APPROVED: 20LC KELSON ELAM MAYOR  ATTEST:  NORMA DUNCAN Jumpa CITY SECRETARY  OF HEA  59  ATE OF  City Council Minutes - May 9, 2023  Page3of3