MINUTES HEATH CITY COUNCIL REGULAR MEETING  TUESDAY, AUGUST 27, 2024 at 6:30 PM  ATTENDING: JEREMIAH MCCLURE, MAYOR  RICH KRAUSE, MAYOR: PROTEM SHARON CALDWELL RICH KRAUSE RYAN MOORMAN BRENT WEAVER  ABSENT: SCOTT DODSON  Mayor Jeremiah McClure called to order the regular meeting at 6:341 p.m. Councilmember Caldwell  delivered the Invocation and led the Pledge of Allegiance.  2. Public Comment  Mark Kennedy, Heath Golf & Yacht Club Municipal Management District No. 11 member was present in support oft term limits of the City Council stating that Term Limits allow new blood Bart Davenport, 5 Court = stated that the citizens need more information regarding watering ticket violations and I as Cobblestone HOA President am unable to give answers. The tickets are Class CMisdemeanors. and can affect one'slife,job, security clearance, insurance: rates, etc. Phillip Hatfield, 107 Lemley Drive = regarding the petition initiative for Term Limits, this is nota at target on certain board members but the citizensand wet thej people urget the City Attorney to help us get the verbiage right on the petition for having Term Limits at the next election. The petitionsi included over 500 signatures and this is what we thej people want and we: are: not Erika Hatfield, 107 Lemley Drive - stated that she was asked by the City Secretary to submit what petitions she had by noon and the rest were turned in later that atternoon. The two submittals were together but seen as two separate petitions by the City Attorney. Hatfield statedt that this wasl handled poorlyand asked the Cityt totalk tot the Elections officeand correct the verbiage pert the attachments on the petition that spelled out the term limits. Jimmy McLintock, 1301 Moraine Way was) present to speak regarding the petition initiative and Isupport term limits. We are told that the verbiage was not there to interpret what the term limits were: sO why wasi it left unclear. Something isn'tr right. The Mayor provided clarity asking the citizens to listen to the recording after Executive Session of the March 1gth Special Meeting. There was dialogue behind the concerns with the petitions. There were signatures on different sheets and thet term limits were explained on a secondary sheet but not necessarily oni the 641 pages. The Citys sought legal Counsel as we need toi followi the law ourselves, but we are: not allowed to supplement the language by default which would trigger liability as the city seesi it. 3.a Action Regarding the Minutes of the. August 9, 2024 Budget Work Session and the. August 13, 3.C Action Regarding an Ordinance Approving an Annual Update to the Service and Assessment Plan fori the Haciendas Del Lago Public Improvement District; Providing a Severability Clause; Providing an Effective Date; and Ordaining Other Provisions Relating to the Subject. (J.Ayers) MOTION: APPROVE CONSENT AGENDA RE: ITEMS 3.a THE MINOTES OF AUGUST 9, 2024 BUDGETWORKSHOP: ANDTHE. AUGUST: 13, 2024 REGULAR: MEETING; ITEM 3.b ORDINANCE, NO. 240827A FM550 SPEED LIMIT CHANGE; AND ITEM 3.c ORDINANCE NO. 240827B HACIENDAS DELI LAGO PID SERVICE. AND. ASSESSMENT PLAN.  and are a safeguard from those to seekt to disservice it.  Many residents are upset. The methodology is problematic.  asking for anything unreasonable.  3. Consent Agenda  2024 Regular Meeting.  3.b Action Regarding an Ordinance - FM 550 Speed Limit Change. (M. Shook)  City Council Minutes - August 27, 2024  Page lof10    MOTION MADE: SECONDED: APPROVED: ABSENT: ABSTAINED:  WEAVER KRAUSE DODSON  PASSED UNANIMOUSLY BYTHOSE: PRESENT CALDWELL (absent at. August 13, 20247 meeting)  4.a Semi-Annual HMEC/HEDCUpdate.  Mayor McClure stated that this is a new reporting model that he has asked the presidents of the Heath Municipal Benefit Corp/Economic Development Corp and the Park Board to provide an update toi their boards on a semi-annual basis. HMBC/HEDC: President Justin Saundersl began the updatebyidentifsing thec current andoutgoingmembers: and welcoming the new members, followed by the board's Mission Statement, Structure, Type A and B Sales Tax, funding with sales tax breakdown and growth. The presentation also included successful projects: Standard Service (loan /grant assistance), Hidden Creek (ground lease/land sale), etc., and identified City-owned properties available. Saunders concluded with the Reserve Vision and encouraged citizens to shop 4.b Case No. CUP-2024-05: Conduct a Public Hearing and act on a Conditional Use Permit granting an exception to theLake Edge Zoning District S 159.30 (A), ExhibitA, Section 1.01 "Fences" that prohibits fences within the Take Area on property addressed 301 Scenic Drive and further described as Lot 21, Antigua Bay, City of Heath, Rockwall Assistant City Manager. Aaron Adel stated that applicant and property owner Robert and Wendy Vandling request a CUP to construct a fence in the Take. Area between the rear property line and Take Line for property adjacent toi the public point in Antigua Bay. Notice of Public Hearing were published, posted, and mailed on July 26, 2024, three responses in opposition and one in favor. In2 2004, Interlocal Agreement and Lease. Agreement between Dallas and Heath was) passed and in 2006 & 2007, Lake Edge Zoning District Ordinance adopted and revised to regulate uses and improvements (optional and required). The City of Dallas is the owner of the Lake Area and the Take Area but the City of Heath leases the Take Area (lessee), Subleases are available to lake- adjacent properties (sublessees). Heath regulates uses in the Take. Area on behalf of Dallas. Both Lake Ray Hubbard and the' Take Area are: managed by Dallas Water Utilities and governed by the Dallas City Council. The Final PlatofAntigua Bay established: a publicpoint between and excluding Lots 20 & 21. Adel identified the Lake Edge Zoning District S 159.30 (A), Exhibit A, Section. 1.01 "Fences" stating that fences are prohibited within the Take Area, except for a fence (barrier) separating private leased areas within the Take Area from public property (parklands, roads, alleys) while providing an accessway for public safety, public services & maintenance, public inspection, and utility personnel and vehicles through the Take Area. Fences shall be constructed ofc ornamental or wrought iron and subject to the requirements of the Fence Ordinance (Chapter 157), shall require a CUP. Two similar fences have been approved, one on 1221 Valley Trail Approved March 26, 2022 a five-foot wrought iron fence with brick columns and gate adjacent to Windward Trail and shoreline with public access and one at 219 Scenic approved on May 9, 2017 af four-foot wrought iron fence in the Take-Line Area for the property on the opposite side of the Antigua Bay public point/park. The fence extends from the property line to the shoreline with a gate. Weaver clarified that as part oft the lease agreement with the City of Dallas, the take line area isa projection of the property owner's current property lines towards the lake. Applicant and property owner, Wendy Vandling, 301 Scenic Drive stated that over the years there has been a lot of miscommunication on what is rightfully the park and what is legally our property through the leasel back. Wej just want to secure our property for the safety of our family. Thisi is al huge liability  local for the sales tax dollars toi the city.  County, Texas. Rockwal CAD No. 14064.  should anyone, get hurt.  HEARING to receive comments regarding the request. request, Mayor McClure closed the publichearing at 7:23 p.m. Discussion and action regarding the request.  Mayor McClure opened the public hearing at 7:22 p.m. and no one present to speak regarding this  City Council Minutes August 27, 2024  Page 20f10    Councilman Weaverattended P&Zand ultimately, it was aj misunderstanding of many folks. Int the absence of the proposed fence, over the years the public assumed the entire area was public domain. Following the rule of the law, the take-line lease program establishes what is private MOTION: APPROVE CONDITIONAL USE PERMIT FOR A FENCE IN THE TAKE  property and what is not, and as private property, they have a right tot fenceit.  AREA LOCATED AT 301 SCENIC DRIVE.  MOTION MADE: SECONDED: APPROVED: ABSENT:  WEAVER CALDWELL DODSON  PASSED UNANIMOUSLY BY THOSEI PRESENT  4.c Case No. FP-2024-05: Consider and act on the Final Plat of Fielding Addition containing one lot on 13.998 acres zoned (PD-SF) Planned Development for Single Family Residential Uses by Ordinance No. 190723B located at the intersection of Rabbit Ridge and Lowe Road and further described as A0231, A. Rodriquez Survey, Assistant City Manager Adel stated that on March 5, 2024, the Commission unanimously recommended denial for the following reasons:: 1.1 the applicant has not addressed the February 15th DRCcomments, and the plat does not comply with the requirements of PD Ordinance 190723b, and 2. the city council must approve a subdivision variance to allow a minimum lot width of 74.12 feet rather than the 100'lot width required in Section 159.21(e)(4). On March 26, 2024, the City Council denied the final plat without prejudice, citing the same reasons. Since that time the applicant has worked with City staffi toi resolve the previous DRCcomments. and noncomplience issues. On August 6, 2024, the Commission recommended approval with the following conditions: 1. The lot width of 74.12 feet does not comply with the minimum lot width of100 feet required by Section 159.21(E)(4). To establish the proposed lot width, a variance must be granted by the City Council, and 2. the proposed driveway shown on the Site Plan must be a fire access road and enclosed in a Fire. Access Easement. This must be added tot the final plat before execution. Per the Concept Plan, the applicant is not revising the Planned Development. The city may approve a plat that is less dense than the approved concept plan without amending the PD. Staff worked with the applicant to address the DRC issues and are planning to develop one: single lot. The property will be served by OSSF and is served bythe City Heath water system. Grading and drainage planswill! bereviewed witht thel building permit application. The plat conforms to the Future Land Use Plan designation of Rural Estates. Access to the subject property comes from Rabbit Ridge. A: site plan submitted with a Fence Permit application shows aj planned drive to replace the existing drive and provide access toi the subject plat (CAD 107060) and two other properties also owned by the Fieldings (CAD 107215 and 107213). The proposed driveway must function as: ai fire access road designed toi fire codea and city pavings standards and be enclosed in a Fire. Access Easement. Any protected trees removed will be mitigated 1:1 with the building permit. Applicant Ken Hollifield, Architect, was present to answer any questions. Councilman Weaver indicated this was previously approved for eight homes and commended the applicant for what is now a request for one single estate lot and that is the direction that we want to MOTION: APPROVE FINAL PLAT LOCATED AT THE INTERSECTION OF RABBIT RIDGE AND LOWE ROAD WITH THE FOLLOWING THREE CONDITIONS: 1. CHANGETHETIETITLEOFTHEPLATFROM PRELIMINARYPLATTOFINALPIAT? 2. GRANTAVARIANCETSECTION.spaCAATOALIOWAIOTWIDTHOF7A12 FEET; AND 3. ENCLOSE THE DRIVEWAY SHOWN ON THE FENCE PERMIT SITE  Tract 12. Rockwall CAD: No. 12919.  move with.  PLAN WITHIN. A FIRE. ACCESS EASEMENT.  MOTION MADE: SECONDED: APPROVED: ABSENT:  RUFFO KRAUSE DODSON  PASSED UNANIMOUSLY BYTHOSE PRESENT  City Council. Minutes - August 27, 2024  Page3of10    Executive Session  At 7:45 p.m., Mayor McClure 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 oft the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct ofthe State BarofTexas clearly conflicts with this chapter, regarding: (iii) zoning compliance and comprehensive plan standards; and (iv) In accordance with' Texas Government Code, Chapter 551, Mayor McClure closed Executive Session and reconvened the meeting into open session at 8:53 p.m. stating that no action was taken in the 4.e Case No. ZA-2024-03: Conduct a Publicl Hearing and act on an Ordinance changing the zoning designation from (A) Agricultural District to (SF-43) Single Family Residential District ton 158.613 acres of propertylocated. ati thei northeast corner oftheintersection ofFM 740/Ridge Road and Heathland Crossing adjacent to White Road, and further described as Abstract 207, E. Teal Survey, Tract 55, City of Heath, Rockwal County, Assistant City Manager. Aaron Adel stated that the applicant is Jim Knight, KFM Engineering and the property owner is BC Golf II Limited. The current zoning is (A). Agricultural District and the applicant has requested a straight zoning of SF43 for Single Family Residential Uses. Notice of Public Hearing was published and mailed to 244 neighbors within 500 feet on May 24, 2024. A new Notice was published on August 10, 2024, for the August 27 City Council hearing and city received 43 responses, 13 responses in favor 30 responses in opposition. On August 6th, the Commission considered the application, conducted a Public Hearing, and recommended denial without prejudice. Due to the Commission's recommendation for denial, the City Council super- majority is required to approve. Per $159.80 (C)(3) PROCEDURE FOR AMENDING THIS CHAPTER, if the zoning change is denied by the Planning and Zoning Commission, the change shall not become effective except by the favorable vote of three-fourths ofa all members oft the City Council of Heath, six of seven board members. This is a straight zoning case and there are no When reviewing thisz zoning case, must consider the Comprehensive Plana and the Future Land Use Plan Designation is Rural Estate. The lots are described as large-lot, single-family residential development with overall minimum of 1 acre lots. Corresponding Zoning District(s) are Agriculture, SFE-3.0, and SF-43. The application complies with (SF-43), but there are two other zoning districts in the Plan that could be considered and the Comprehensive Plan contains Land Use Strategy as a guide to determine ift the request is appropriate and consistent with the City's ideals of quality and sustainability. The following are questions to consider prior to approving rezoning requests: Does the development provide something unique forl Heath?] Ist the development within walking distancei toj public uses, parks, and open spaces? Does the development provideoff- street pedestrian and bicycle connections to existing and future development? How does the development proposal impact the City fiscally - tax revenue, infrastructure, public services, and other publiconsiderationsl (such as] parks, schools, ete.)?Howdoest the development respecte environmentaly significant areas like floodplains - are these areas used as an amenity? Ensure that the proposed development is of a type and quality that will be acceptable for the long-term, especially ifi immediate development oft thej property is noti intended to occur upon the granting oft thej proposed rezoning. Directly out of our zoning ordinance $159.05 PURPOSE OF ZONING DISTRICTS are things that zoning districts are intended to accomplish: To permit, in connection with these uses, those customary and necessary accessory activities which arei incidental tot the principal use; a. To permit certain other uses which may be established in some situations and subject to specific conditions so that the special uses will alsol be compatible with the uses allowed as ai matter of right; b. Toj promote orderly, timely, economic growth and to recognize current land-use conditions; C. To provide sufficient space in appropriate locations for development to meet the present and  Case Nos. ZA-2024-01: and ZA-2024-03.  Executive Session.  Texas. (Rockwall CAD No. 12706)  deficiencies or variances noted oni the Ordinance Compliance Matrix.  future growth needs of the city, with allowance for adversity ofs sites;  City Council Minutes - Augus! 27, 2024  Page4 4of10    d. Toj protect use areas, as far as possible, against heavy and unnecessary through traffic; e. Toj protect use: areas against pollution, environmental hazards, and other obpectionableinfluenoes: f. Toj protect use areas against congestion, as far as possible, by managing the density ofpopulation ina and around them; by providing for proper off-street parking spaces; and by providing open areas for rest and recreation and to break the monotony of continuous building bulk, thus - Toj provide for privacy and access of] light and air to windows and to all devices that are powered or healed by the sun, as far as possible, through controls over the spacing and height ofbuildings h.' Toj promote the most appropriate use ofland and direction ofl building development which is not inc conflict with the Comprehensive Plan or the adopted policies of the city; to promote stability of development; toj protect the character oft the districts; to conserve the value ofl land and buildings; .7 To protect against fire and explosions and other safety hazards, and to provide for fire protection k.Toaccommodate use activities and operations whose external physical effects are: restricted tot the area of the district, and in no manner affect in a detrimental way any oft the surrounding districts; 1. Toj preserve and protect the: favorable and unique quality ofli life enjoyed by the citizens oft the city. Art Anderson, PC Winstead, 2728 N. Harwood Street, Dallas, TX, representing the applicant stated the applicant has withdrawn the PD zoning request and the request is for the straight zoning and stated the request is 100% compliant withi the Comprehensive Plan and 100% compliance with your  providing a more desirable environment;  and other structures;  and to protect the city's tax base;  . Toj promote the most efficient use of city facilities and services;  and access by fire equipment and vehicles;  Comprehensive: zoning ordinance.  HEARING to receive comments regarding the request. Mayor McClure opened the public hearing at 9:05 p.m.  Mike McClard, 217 Blue Heron - stated that we have all spoken and Toll Brothers keep coming back without making the requested changes discussed over numerous meetings. We are asking for green space and asking the developer to work with us. We need to look at 3.0 estate lots Malette Reed, 525 Chippendale - Heath resident for 32 years, in opposition stating that this property has come previously before council atl least three times and all have been denied due to overwhelming resident opposition to the proposed designs. The 2018 Comprehensive Plan has now been updated. The applicant's representative has dismissed all citizen and P&Z concerns, Steve Wydra, 244 Mockingbird Lane, reiterated what everyone said. The applicant has had 4 opportunities and have been denied every timel by P&Zbecause the applicant has not considered what Heath wants, only what the developer wants andi is concerned with the added traffic. These Leigh Lashley, 500 Heathland Crossing - spoke in opposition stating that we: need to stick what isi important, less density, more green space and no tract homes, developments that can support ouri infrastructure (roads, utilities). The developers are not working with the community on our request oft the uniqueness with acreage and style of custom homes, but instead have ignored the Andrea Woodworth, 133 Sawgrass Drive - in opposition and stated that the Toll Brothers are wasting our time. They are not people that we want to do business with. Our family moved to Heath based on the Comprehensive Plan and to get away from the type of developments Mike Mendez, 108 Blue Heron - moved to Heath in 1981 and loves Heath, it is the greatest city in' Texas. This development would take the hometown feeling away and the non-custom home Brian Reeves, 345 Broadmoor Drive - home builder for nearly 30 years and stated that custom homes are a huge difference between Heath and other communities and that is the quality that we expect in Heath and we need to maintain that integrity. The proposed plan does not have sufficient trees and that is one of the things Ilike about Heath is the environment.  whichi is in alignment with the quality ofl life in Heath.  they are: not willing to work with the city. The proposed plan is not unique.  are: not custom homes, listen to the citizens not the developers.  community's and P&Z's input from numerous meetings.  proposed by the' Toll Brothers. will hurt our property values.  City Council Minutes - August 27, 2024  Page 5of1 10    Brad Larson, 2000 Kings Pass = the Perry property is probably the most beautiful property and the gateway into Heath. This proposal does not have walkways, no open spaces, no bike trails and does not represent what the residents want as the gateway into Heath and I recommend Bill Allen, 105 Sawgrass - Toll Brothers are not meeting our needs nor willing to work with the residents. The community has painted a clear picture to the developer during the past 3 meetings of what the community wants but the developer has basically ignored our input. This isal beautiful property and I recommend 60 foot set back for nice landscaping, cut down from Councilman Weaver stated that we have had numerous meetings regarding this property. The Commission and the residents have done a great job in conveying to the applicant what we are all looking for and yet, and the P&Z has tabled the proposal several times to give the applicant the opportunity to improve their design based on the unified feedback, but the design has not changed. This property is our gateway to Heath and is absolutely a premier piece of property and once developed will set the tone for what Heath represents. Heath is not like most other cities by design and we have yet to see a plan from the developer that embodies our vision. Weaver continued with numerous references from the Heath's Comprehensive Plan and zoning ordinances indicating the requirements: for newo development ofwhich this] proposed development does notr meet. Wel havebeen trying to work with developer by providing them al lot off feedbackand the development has noti risen tot thel level ofour Comp Plan. Mayor McClure expressed his frustration: and clarified thatisast straight zoning case and therei isi no plan provided. Int this scenario, the developer is not asking fora a variance, they don'thavei to give us a plan. There are: major concerns about traffic, property values, and public safety. Councilman Moorman stated concerns about traffic and public safety. Council member Caldwell stated that since this case requires a super-majority vote, she was not comfortable doing MOTION TO TABLE CASE NO ZA-2024-03 AND CONTINUE THE PUBLIC HEARING  denial. We do not need a volume builder.  115 homes to approximately 50 homes, common use: area and pathways.  anything without Councilman Scott Dodson. TO: SEPTEMBER 10, 2024 AT 6:30 P.M.  MOTION MADE: SECONDED: APPROVED: ABSENT:  CALDWELL KRAUSE  Councilman Weaver stated that we have been trying and are still trying to be accommodating and  hopefully the applicant is listening.  PASSED UNANIMOUSLY BY THOSE PRESENT  DODSON  4.d Case No. ZA-2024-01: Conduct a Public Hearing and act on an Ordinance changing the zoning designation from (A)Agricultural District to (PD-SF)Planned Development for SF- 43 Single Family Residential Uses on 158.613 acres of property located at the northeast corner of the intersection of FM 740/Ridge Road and Heathland Crossing adjacent to White Road, and further described as. Abstract 207, E. Teal Survey, Tract55, City of] Heath, Assistant City Manager. Adel stated that the applicant has asked to withdraw this application. The original application for this property was a planned development application and it contained two concepts, an alternative 11 for PD for SF-22 uses Concept Plan, referred to as the 12 acre Concept Plan and was based on a zoning district that is in our ordinance SF-22 Single Family Residential District which was made inactive following the adoption of the 2018 Comprehensive Plan. The Commissionsultimate decision was toi recommend denial ofthel PD: SF-22, Alternative 1 portion of the application. The Council also denied without prejudice so that the momentum could continue working towards a solution. This left the. Alternative 2 Planned Development for Single Family SF-  Rockwall County, Texas. (Rockwall CAD No. 12706)  43 or the one-acre Concept Plan open.  HEARING to receive comments regarding the request. Mayor McClure opened the public hearing at 9:59 p.m.  City Council. Minutes - August 27, 2024  Page6of10    Mike McClard - There is a difference between SF-43 and PD SF-43. Iam against this and please deny. This was not done in good faith by the developer as wel had countless meetings and al lot of citizen comments. They did not listen to us and nothing changed. Leigh Lashley, 500 Heathland Crossing - clarified that they are not in support. We are in support of development that maintains the integrity of] Heath but the developer is acting like all our previous meetings and input doesn't exist. Ift the development as the citizens wantit, is Bill Allen, 105 Sawgrass - the City should not feel at: risk ofal lawsuit by askinga a developer for specific requirements and recommended denial of the request unless the developer is willing Brian Reeves, 345 Broadmoor Drive - stated that he was offended by the developer and asked Lisa Reeves, 345 Broadmoor Drive - moved to Heath three years ago. City Council also has a fiduciary responsibility to this community to all of our investments. Toll Brothers had no preparation for every one of these meetings and this was a waste of our time. Ifitisn not viable for the' Toll Brothers then we. simply have to decide that their plan is not what we want, this is  not viable for' Toll Brothers then the they should pull out. to come back: and comply with our prepesa-needs.  the Council not to approve the zoning request until they show their plan.  not why we: moved to Heath. Closed the public hearing at 10:08 P.M.  Mayor McClure stated the applicant requested to withdraw the PD-SF43 application. MOTION TOTABLE CASE: NO. ZA-2024-01 TOSEPTEMBER 10, 2024 at 6:30 P.M.  MOTION. MADE: SECONDED: APPROVED: ABSENT:  CALDWELL RUFFO DODSON  PASSED UNANIMOUSLY BY' THOSE PRESENT  4.f Discussion and Action Regarding a Public Hearing and an Ordinance for Water Director of Public Works, Bryan Creed stated thati the Texas Commission on Environmental Quality (TCEQ) requires every Public Water System (PWS) to updatei its Water Conservation Plan everyfi five years. This plan meets that legal requirement. It does not make substantive changes that deviate from the original documents. The City Council last adopted the City of Rockwall and the North Texas Municipal Water District plans. Both of which were updated this year. This document adopts those plans into one document for the City of Heath. Provisions for enforcement of this ordinance remain the same as thej previous plan. Wei received preliminary notice from the state yesterday that Mayor McClure opened the public hearing at 10:18 p.m. and no-one present to speak regarding this  Conservation Plan.  the document is not ready SO we ask to tablet this item to the next meeting. HEARING to receive comments regarding the request. request, Mayor McClure closed the publicl hearing at 10:18 p.m. MOTION: TABLETO: SEPTEMBER 10, 2024 COUNCIL: MEETING.  MOTION: MADE: SECONDED: APPROVED: ABSENT:  WEAVER KRAUSE DODSON  PASSED UNANIMOUSLY BYTHOSE PRESENT  4-g Discussion and Action Regarding Facilities Improvement Agreement with Rockwall City Manager Lasher stated that as part oft the 2021 bond program, Rockwall ISD is in thej process of restructuring the gradel levels housed at elementary and middle: school campuses. Sixth-grade classes are moving from elementary to middle school. To accomplish this change, the district is building a new middle school and renovating Cain Middle School to increase student capacity. The existing building is 105,697 SF and will be expanded by 40% or 42,750 SF. The campus is located at  ISD Regarding Permit Fees for Cain Middle School.  City Council Minutes - August 27, 2024  Page7 7of10    FM3097/Horizon Rd. and FM 549. Rockwall ISD had based the needed bond capacity on costs of news schooll buildings prior to the recent surge ofconstruction costs caused by demand, 149i inflation for labor and material costs and supply chain disruptions. Due tot the higher costs for construction, RISD is requesting the City tol lower its fees for building permits and engineering fees to an amount equal to the City's actual costs incurred. Specifically, RISD is requesting the city: 1. To reduce Building Permit fees sO that City only recoups its actual costs for providing such services to RISD for these Properties, in an amount noti to exceed twenty thousand threel hundred dollars ($20,300); and 2. To reduce Engineering fees SO that City only recoupsi its actual costs for providing such services to RISD for these Properties, in an amount not to exceed one hundred nine thousand five hundred dollars ($109,500). This yields a total fee reduction of $129,800. The standard building permit fee was calculated at $175,000. If approved, the fee reduction would equal $45,200 ($175,000 - $129,800). The district has already paid thej plan review fee of $71,584. Councilman Weaver clarified thef fees would be reduced by $45,200, with fees noti to exceed $129,800. Mayor Pro' Tem Krause was inc opposition tot the "not to exceed" and agrees with the concept but does not agree withl being locked MOTION: APPROVE FACILITIES IMPROVEMENT AGREEMENT WITH ROCKWALL INDEPENDENTSCHOOLDISTRICT REGARDING PERMITI FEES FOR CAIN MIDDLE Councilmember Caldwell clarified that the total fee tol be paid would not exceed $129,800.  down to a number because he does not believe we can control that.  SCHOOLAS: STATED. MOTION MADE: MOTION MADE: SECONDED: APPROVED: For: Against: ABSENT:  WEAVER WEAVER MOORMAN PASSED FIVETO ONE KRAUSE DODSON  CALDWELL, MCCLURE, MOORMAN, RUFFO, WEAVER  4.h Discussion and Action Regarding a Resolution Regarding the CityofForney Providing Sanitary Sewer Service to a 445-98 Acre Tract (Bellagio 443 Tract) Through a City Engineer Richard Dormier stated that the three-member cities Rockwall, Heath, and Forney make up the membership of the Buffalo Creek Interceptor System operated by the NTMWD. The City of Heath City Council previously approved the City of Forney sponsoring, this project for the City of] Mesquite on. January 23, 2024. The attached Resolution: is consistent with that approval land will also need to be approved by the cities of Rockwall and Forney to go into effect. As outlined in January, this request will not impact the capacity ofs sanitary sewer lines within the Heath cityl limits orl ETJand willi increase the cost to Forney as theirs share oft the Interceptor usage willi increase. With the understanding that the request will not impact current or future plans for gravity sewer lines from Rockwall to the lift station in the Mesquite ETJ, staff recommends approval of the attached Resolution which is consist with previous city council action on. January 23, 2024. MOTION: APPROVE RESOLUTION NO. 240827A REGARDING WHOLESALE WASTEWATER SERVICES. AGREEMENTWITHTHE CITYOFFORNEY.  Wholesale Wastewater Services Agreement.  MOTION MADE: SECONDED: APPROVED: ABSENT:  RUFFO WEAVER DODSON  PASSED UNANIMOUSLY BYTHOSE PRESENT  4.i Discussion and Action on Resolution 240827B/ Authorizing the City Manager tol Execute aF Professional Services Agreement with the firm Kimley-Horn, Dallas, Texas, for the Design of a Potable Water Well in Towne Center Park (Well No. 1), located at 200 Director of Public Works Bryan Creed stated that a water well has been proposed tol be installed at or near the South end oft the' Town Center Park for irrigation of the park and additional capacityt to  Laurence Drive, Heath, Texas, and Providing an Effective Date.  City Council Minutes- - August 27, 2024  Page8of10    the Public Water Supply for the City of Heath. This contract would award design to Kimley Horn for a new potable water well to serve this purpose. The target start date for the drilling is early to mid-March of2025. Thet total time for the completion ofthe project will followt thel belowmile-stone sequence. The tentative schedule is total time 15 months, Design - 3 months (November 2024); TCEQ Review for Interim Approval for Construction - 21 months (January 2025); Bidding, Award & Construction - 8 months (Commence in March 2025 and Complete in September 2025); TCEQ Review for Interim Approval for Use - 2 months (November 2025). The current scope is not to exceed $242,000.Julio Olvera, PE with Kimley Horn was) present to: answer any questions. Weaver stated thatin thej past NTMWD does not allow ust to mix their water with other supplier'swater, but asked for verification that in this case they are allowing us to mix our treated well water with their water; Mr. Creed confirmed thisi is correct. Weavera also asked ifwel have visibility on whateverv water our well produces is that quantity going tol be deducted from the quantity North Texas or Rockwall provides us; Mr. Creed indicated] hel has noti receivedac clearanswer to this question. The expectation is that our well water quantity would not be deducted from our allotted supply, but if it were, it would potentially yield zero additional water for the city. Mayor McClure indicated that no one at MOTIONEAPPROVE RESOLUTION NO. 240827B REGARDING PROFESSIONAL SERVICESAGREEMENT WITH KIMLEY-HORN FOR DESIGN OF POTABLEWATER  Rockwall has mentioned thisi issue.  WELLINTOWNE CENTER PARK.  MOTION MADE: SECONDED: APPROVED: ABSENT:  MAYOR MCCLURE MOORMAN DODSON  PASSED UNANIMOUSLY BY THOSE PRESENT  4j Update on Hubbard Drive Project.  Assistant Director of Public Works Mike Shook provided an update of the Hubbard Drive Project stating that notification to all affected HOA's, ISD, trash service, DPS, Message Boards, Post Office will be notified. The oversizing of water line is the responsibility oft the City and funds used for the oversizing is provided by water impact fees. This water line will also be used in the future making fire flow service available to existing neighborhoods where fire flow is not available. The Roadway meets the comprehensive plan. Phase 3 Hubbard Drive construction, this portion oft the project is the developer's responsibility and the City is paying for water line oversizing. Staff plans to start construction ofl Hubbard Drive at the intersection of Rush Creek and Hubbard Drive on September gth. Antigua Bay will have two ways in an out of the subdivision. The plan is to have the road open by October gthand temporarily stop construction for one week while Rush Creek holds ISCA Work Championships from Oct 12thto Octigth, and will: start back up on Oct 21 with a completion date of  April 1, 2025.  5.0 Council/City Manager Comments  Assistant City Manager, Aaron Adel announced that National Night Out is scheduled Tuesday, October 1st from 6:00 pm. - 8:00 p.m. behind City Hall and in and near the fire bay. The October Planning and Zoning Regular Meeting has been rescheduled from Octito Wednesday, Oct: 2. Mayor McClure promoted the International Sunfish Class Association 2024 World Championships at Rush Creek from October 12 = 19th, Councilman Ruffo ask for an item on a future agenda to discuss the At 11:06 p.m., Mayor McClure 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) Trilogy development in Mclendon-Chisnolm city limits and extraterritorial jurisdiction; (i) Case CUP-2024-02 approved by City Council on April 23, 2024, allowing an existing detached residential garage constructed without a building permit ini the (SF-  wateryiolation/tickets that citizens have received due to water restrictions.  6. Executive Session  City Council Minutes - August 27, 2024  Page 9of10    43) Single Family Residential District on: 3.611 acres ofland addressed as 4632 FM 550 and further described as Lot 1, Block A, Graves Addition, City of Heath, Rockwall County, Texas; (iii) zoning compliance and comprehensive plan standards; and (iv) Case Nos. ZA-2024-01 and ZA-2024-03; and Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offer regarding: (i) MC Trilogy Texas, LLC V. City of Heath, et al., Cause No. 3:22-CV- 02154-D; (ii) City of Heath V. Meclendon-Chisholm, Cause No. 1-22-1204; and (iii) North Texas In accordance with' Texas Government Code, Chapter 551, Mayor McClure closed Executive Session and reconvened the meeting into open session at 11:51 p.m. stating that no action was taken in the MOTIONEIMOVE TO CONSIDER CONDITIONAL USE PERMIT CASE CUP-2024-02 TO FULLY APPROVE BECAUSE THE CONDITIONS PREVIOUSLY SET BY THE COUNCILON. APRIL23, 2024 HAVE BEEN METBYTHEAPPLICANTPAYING THE BUILDING PERMIT FEE ON AUGUST 1, 2024 AND THE CITY ISSUING THE  Municipal Water District V. City of] Heath, Cause No. 1-22-0704.  Executive Session.  BUILDING PERMITON. AUGUST 5, 2024.  MOTION MADE: SECONDED: APPROVED: ABSENT;  MOORMAN WEAVER DODSON  PASSED UNANIMOUSLY BYTHOSE PRESENT  Mayor McClure adjourned the meeting at 11:52 p.m.  APPROVEDS  NORMA DUNCAN CITY SECRETARY  7-A  MAYOR  a  59  TEOF TELS  City Council Minutes - August 27, 2024  Page 10of10