MINUTES HEATHCITY COUNCIL  TUESDAY, FEBRUARY: 14, 2023 at 6:30 PM  ATTENDING: KELSON ELAM, MAYOR  PAUL RUFFO, MAYOR: PROTEM  JIM CHESTER RICH KRAUSE DONNA ROLATER BRENTWEAVER  Mayor Kelson Elam called to order the Regular meeting at 6:30 p.m. Councilman Krause delivered the  Invocation and led the Pledge of Allegiance.  2. Public Comment 3. Consent Agenda  Noo one signed up to speak at the open forum.  3.a Action Regarding the Minutes oft the. January 24, 2023 Regular Meeting  3.b Action Regarding a Resolution Calling a General Election to be Held. Jointly with the Rockwall Independent School District and Administered byt the Rockwall Countyl Elections. Administratoron Saturday, May 6, 2023 for thel Purpose of Electing Four (4) Council Members for Places (1,2,4 and 6).Two( (2)YearTerms Each: Designating the Entire City as Onel Election Precinct; Designating the Polling Places; Designating Filing Deadlines: Ordering Notices of Election to be Posted and Published as Prescribed by Lawi in Connection with such Election; and Providing an Effective Date. 3.c Action Regarding al Resolution. Authorizing the Mayor to Execute a Contract with the Rockwall County Elections Administrator for Services Related to thel May 6, 2023 General Election. MOTION: APPROVE CONSENT AGENDA, ITEMS 3.a REGARDING MINUTES; 3b REGARDING CALLING A GENERAL ELECTION AND 3C REGARDING MAY 6, 2023  GENERAL ELECTION CONTRACT.  MOTION MADE: SECONDED: APPROVED: ABSTAINED:  RUFFO CHESTER KRAUSE, WEAVER  PASSED UNANIMOUSIXWITH TWO. ABSTENTIONS  4. Items for Individual Consideration  4.a Review of revised concept plan and Opinion of Probable Construction Cost for proposed: renovationsand: improvements to Towne Center Park: and authorize staffto issue a Request for Proposals (PFP) fora Construction Manager at. Risk. Assistant City Manager, Kevin stated that the Park Board accepted the revisions to the Concept Plan and the Opinion of Probable Construction Cost (OPCC) at their January 19th board meeting and their recommendation to City Council was to authorize staff to proceed with issuance of the Request for Proposals (RFP) fora Construction Manager at Risk. IfCouncil approves, the: issuance and completion of the RFQ will occur on the following dates: Issue RFQ on February 17, 2023; RFQ deadline for submittal from candidates on March 31, 2023 and Interview shortlisted candidates on April 17 - 21, 2023. Lasher introduced Emily Drake, Planner and Landscape Architect at Kimley Horn. Drake provided a presentation of the revised Concept Plan showing illustrations of the Heath Towne Center Park Site Plan overview. Drake stated that we. have made al lot of progress, wet took the vision oft that Heath had established previously: and integrated al lotof these images into the proposed revised Concept Plan. Kimley-Horn and Associates has prepared the limited OPCC for the Heath Towne Center Park. The cost evaluation considers a single-phase build-out of the park as identified in the revised Concept Plan. Depending on the client and  City Council Minutes - February 14, 2023  Page 1of2    contractor's delivery schedule, these costs can fluctuate as thej project progresses. Therefore, staff and Kimley-Horn would advise the City to advertise the RFQ for the Construction Manager at Risk (CMAR) to verify prior to finalizing the project budget submitted for bond funding. Staffrecommends that City Council authorize stafft to proceed with thei issuance ofthel RFQ fori the Construction Manager at Risk (CMAR) based on the submitted OPCC submitted by Kimley-Horn MOTION: APPROVE REVISED CONCEPT PLAN AND OPINION OF PROBABLE CONSTRUCTION COST FOR TOWN CENTER PARK AND AUTHORIZE STAFF TO ISSUE REQUEST FOR: PROPOSALSFOR. A CONSTRUCTION MANAGERATI RISK.  dated January12, 2023.  MOTION: MADE: SECONDED: APPROVED: this.  MAYOR ELAM KRAUSE PASSED UNANIMOUSLY  Mayor Elam commented that this was a great presentation, and we are unbelievably excited about  5. Council/City Manager Comments  Assistant City Manager Kevin Lasher provided an update on the upcoming restaurants opening soon  in Heath. 6. Executive Session  At 7:30 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 oft the State Bar of Texas clearly conflicts with this chapter, regarlingO.oningan4; plattingstandards, Local Government Code: shot clock, and' Trilogy finalj plat; (i) Trilogy development in Mclendon-Chisho.m city limits and extraterritorial jurisdiction; (in) 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 treei mitigation; Section 551.071: Consultation with. Attorney regarding pending orcontemplated litigation or settlement offer re: (i) City ofHeath vs Melendon-Chisholm, Cause No. 1-22-1204; (ii) City of Heath V. Texas Commission on Environmental Quality, TCEQInternal 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) MC Trilogy Texas, LLC V. City ofHeath, et al., Cause No. 3:22-CV-02154-D; (v) acquisition of a 4.644-acre parcel for a pump station and ground storage tank generally located oni the southwest side ofHanbyLane, +/-3,100' southeast ofHope Drive, in Heath, Rockwall County, Texas; and (vi) acquisition ofrights-of-wayand. easements for the Hubbard Drive Project; and Section 551.072: To deliberate the purchase, exchange, lease, or value ofreal propertyregarding: (i) acquisition of rights-of-way and easements fori the Hubbard Drive Project; and (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 ofl Hope Drive, in Heath, At 8:27 p.m. Mayor Elam closed Executive Session and reconvened the meeting into open session  Rockwall County, Texas.  stating that no action was taken in the Executive Session. Mayor Elam adjourned the meeting at 8:27 p.m.  OFHE  APPROVED: nRGQ KELSON ELAM MAYOR  Dae  DF TEL  T NORMA DUNCAN CITYS SECRETARY  City Council. Minutes - February 14, 2023  Page. 2 of2