MINUTES HEATH CITY COUNCIL COUNCIL REGULAR CALLED MEETING TUESDAY, APRIL: 11, 2023 at 6:30 PM  ATTENDING: KELSON ELAM, MAYOR  PAULRUFFO, MAYOR PROTEM JIM CHESTER RICH KRAUSE DONNA ROLATER BRENT WEAVER  Mayor Kelson Elam called to order the Regular meeting at 6:30 p.m. Councilwoman Rolater  delivered the Invocation and led the Pledge of Allegiance.  2. Public Comment 3. Consent Agenda  No one signed up to speak ati the open forum.  3.a Action Regarding the Minutes oft the March 28, 2023 Work Session and Regular Meeting. 3.b Action Regarding Interlocal Agreement (ILA) with the State of Texas Department of Transportation (TXDOT) Regarding the Furnishing, Installing and Maintenance of Traffic Signal Preemption Equipment on Six Traffic Signals on Various State of Texas 3.c Action Regarding Resolution Approving an Agreement with Sea Tech Retaining Walls, Inc. without Competitive Bidding for Emergency Construction of a Steel Retaining Wall to Reclaim and Protect Eroded Land for the Protection of a Sanitary Sewer Main on Lake Mayor Pro Tem Ruffo clarified the location of the wall that is replacing the eroded wall MOTION: APPROVE CONSENT AGENIDA, ITEM 3.a REGARDING MINUTES; 3.b REGARDING RESOLUTION NO. 230411A INTERLOCAL AGREEMENT WITH TXDOT; 3.c REGARDING RESOLUTION NO. 230411B AGREEMENT WITH SEA  Farm to Market Roads ini the City ofH Heath. (M.1 Homape/Chesery,  Ray Hubbard in the. Amount of $51,3000.00. (M.. Holzapfel)  regarding item 3.C.  TECH RETAINING WALLS, INC.  MOTION MADE: SECONDED: APPROVED:  KRAUSE ROLATER PASSED UNANIMOUSLY  4.a Case FP-2020-03: Consider and take action on a request from property owner Matthew Zahm to extend the required 365-day filing deadline for a Final Plat approved by the City Council on July 28, 2020, for 12.67 acres ofland out of the Edward Teal Survey, Abstract No. 207 establishing Lots 1 and 2, Block A, Zahm Addition, City of Heath, Rockwall County, Texas. The platted area is generally located south ofTwinview Road and west of Smirl Drive (FM: 1140). Assistant City Manager Kevin Lasher stated property owner, Matt Zahm has requested an extension of 365 days to the filing deadline for a Final Plat that is required by subdivision regulations. This plat was approved approximately three years ago but not filed due to staff oversight. Although the subject plat has remained un-filed for almost three years, staff does not object to the extension for the purpose of facilitating the sale of the 10.15 acre Lot 2. Mr. Zahm, submitted the subject plat in preparation for selling the lots for residential estate development. He now has a buyer for Lot 2 and is seeking to file the Plat with Rockwall  City Council Minutes April11,2022  Pagelof3    County to facilitate the closing. Lot 1 contains 2.46 acres and would be dedicating an additional 10-feet of right-of-way for Smirl Drive. Lot 2 would contain 10.15 acres, with approximately 15% oft this acreage being within a designated floodplain zone. Both lots are in conformance with the lot size and dimensional standards prescribed in the city's subdivision regulations, and with the standard requirements for the SF-43 zoning district. Matt Zahm, property owner, 1412 Hubbard Drive, was present and stated that his original intention was tob build his home on this property but recently bought and moved to a different property in Heath instead and now has a buyer for the property and the new buyer's intent is to live on this property and not subdivide it. Zahm asked to speak to Staff regarding two grass cutting liens that were placed oni the property to the prior owners and requested a waiver. Councilman Weaver stated that a letter was received by Mr. Zahm certifying that he would abide by the tree preservation requirements and Weaver confirmed that these requirements MOTION: APPROVE THE EXTENTION OF. A; 365-DAY FILING DEADLINE FORA FINAL PLAT LOCATED SOUTH OF TWINVIEW ROAD AND WEST OF SMIRL  would bet transferred toi the new owners.  DRIVE (FM: 1140). MOTION. MADE: SECONDED: APPROVED:  RUFFO KRAUSE  PASSED UNANIMOUSLY  4.b Consider and take action on a Resolution authorizing the City Manager to execute a contract between the City of Heath and Peloton Land Solutions for Mayor Elam stated that the City has received the contract now: and asked that this item be tabled to the: next Council Meeting to allow time to review the contract. MOTION: TABLE! ITEM' TO7 THE APRIL25th COUNCIL: MEETING.  the 2023 Comprehensive Plan Update.  MOTION. MADE: SECONDED: APPROVED:  MAYOR ELAM WEAVER PASSED UNANIMOUSLY  5. Council/City Manager Comments  City Manager Aretha Adams thanked the staff, Police and Public Works for helping with the Heart of Heath and doing such a great job and thanked all the citizens who were attended. Adams thanked Building Official Leisa Price for sitting in as Acting City Secretary tonight and  also thanked the entire staff. 6. Executive Session  At 6:49 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: 6.a 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 McLendon- Chisholm city limits and extraterritorial jurisdiction; (iii) dispute regarding the creation of Rockwall County MUD No. 10 involving the Trilogy development in Melendon-Chisholm city limits and extraterritorial jurisdiction; (iv) North Texas Municipal Water District easement and tree mitigation; (v) Hubbard drive condemnation for additional right of way; (vi) TxDOT  City Council Minutes April 11,2022  Page 2of3    widening FM740 and city legal remedies; 6.b Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offer re: (i) City of Heath VS Mclendon-Chishom, Cause No. 1-22-1204; (i) 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; (iii) North Texas Municipal Water District VS. City of Heath, Cause No. 1-22-0704; (iv) MCTrilogy Texas, LLC City of Heath, et al., Cause No. 3:22-CV-02154- D; 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 3,100' southeast of Hope Drive, in Heath, Rockwall County, Texas; (vi) public information request regarding Attorney General ruling OR2023-08777 issued March 10, 2023; and 6.c 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 generally located on the southwest side of Hanby Lane, +/- 3,100' southeast of Hope Drive, in Heath, Rockwall County, Texas; (ii) acquisition of two parcels of land containing 0.115 acres of land (Rockwall CAD Property I.D. No. 10452) and 0.072 acres of land (Rockwall CAD Property I.D. No. 10477) at 802 Hubbard Drive, generally located at 806 Hubbard Drive and 802 Hubbard Drive, respectively, in Heath, Mayor Elam greeted the Lance Family, Heath residents, who were present and had the honor of At 7:49 p.m, Mayor Elam closed Executive Session and reconvened the meeting into open MOTION: RATIFY THE APPEAL OF ATTORNEY GENERAL RULING OR2023- 07586 WITH THE FILING OF THE LAWSUIT, CITY OF HEATH VSHONORABLE KEN PAXTON, ATTORNEY GENERAL, THE STATE OFTEXAS, CASEI NO. D-1-GN-  Rockwall County, Texas.  pounding the gavel recessing the regular meeting into Executive Session. session stating that no action was taken in the Executive Session.  23-001939. MOTION MADE: SECONDED: APPROVED:  CHESTER RUFFO  PASSED UNANIMOUSLY  Mayor Elam adjourned the meeting at 7:50 p.m.  APPROVED: neiL KELSON ELAM MAYOR  ATTEST:  NORMA DUNCAN Vunlrs CITY; SECRETARY  OF HE  59  ATE OF TEH as  City Council. Minutes- April11,2022  Page. 3of3