BRUCEVILLE Eddy She City of Buucerille-Eddy Rising into the Sutwre 144 Wilcox Drive Eddy, Texas 76524 ww.brucvllecddy.us Phone: (254)8 859-5964 Fax: (254)859-5779 Regular City Council Meeting May 25, 2023, 6:00 p.m. City Minutes 1. Meeting called order by Mayor Owens at 6:00 pm Councilman present: Connally Bass-Mayor. Pro Tem, Ricky Wiggins, Cecil Griffin, Richard Prater, and Employees present: Kent Manton-City Administrator, Pam Combs-City Secretary, Danielle McGruer- Court Clerk, Gene Sprouse-Public Workers Director, Thomas Arnold-Code Enforcement, and Chief Graham McGruer. Dorsey. 2. Community Announcements 3. Citizen Presentation: Mayor wanted to show appreciation for all of the Spring Fest volunteers who made it such a wonderful event and she presented Cherie McGruer, Spring Fest Chaira proclamation. The City Council welcomes public comments at this point on items not specifically listed on the agenda. Speakers must sign up before the meeting begins. Speakers are limited to five (5) minutes each. The Council cannot respond Brent McCain, wants to thank Mr. Manton for his fast response on some question he had on the code enforcer, and I: also want to thank the whole community that has reached out with support for the injured to matters not listed on the agenda until a future meeting. family. 4. Subdivision Ordinance Variance Request - FM: Land Holdings LLC A. Variance Request - Road Design engineering design requirements. Council to discuss, consider, andj possibly take action on a request by Mr. Kendell Wimberly (agent) on behalfo of owner, FM: Land Holdings, LLC; for a variance to Chapter 10, Exhibit 10A, Subdivision Ordinance. Attachment 1- Appendix AL,B., Engineering Design to allow a subdivision tol have a 24' wide gravel roadways in lieu of Motion made by Ricky Wiggins to deny the variance request Number 1, requesting deviation from road designs standards to allow for a 241 ft wide gravel roadway needs to conform to our subdivision ordinance, 2nd by Cecil Griffin, yeas 5, nay 0, motion passes. B. Variance Request- - Cul-De-Sac Design Council to discuss, consider, and possibly take action on ai request by Mr. Kendell Wimberly (agent) on behalf of owner, FMI Land Holdings, LLC; for a variance to Chapter 10, Exhibit 10A, Subdivision Ordinance Attachment 1- Appendix AL,A., g, Engineering Design to allow a subdivision tol have a cul-de-sac 694' in length in lieu of the Motion made by Graham McGruer to approve the variance request Number 2 which will allow them to extend the cul-de-sac in ordinances from 600' ft to a plan for 694 ft, 2nd by Connally Bass, yeas 4, nay 1, maximum 600'. motion passes 1 BRUCEVILLE Eddy She City of Bucerille-Eddy Rioing inte the Sutwre 144 Wilcox Drive Eddy, Texas 76524 ww.brucw/lle-eddy.us Phone: (254) 859-5964 Fax: (254)859-5779 5. Preliminary Plat -Rajan Plaza (Ascent Travel Center) Council to discuss, consider, and possibly take action on aj preliminary plat submission for property owned by Bruceville Land Holdings, LLC.; being a 12.8953 acre tract of the Samuel W. Davis Survey, Abstracts No. 108, 105, further described as the Henry Askew survey, Abstract No. 396, further described as the L.M. Hint survey, Abstract No. 402 in the City of Bruceville-Eddy, McLennan and Falls Counties, Texas, being part oft that called 22.95 acres described in a deedt to. KTVK, INC. as recorded in volume 294, page 764 oft the deed records of Falls County, and a part oft that called 7.28 acres, all described in a deed to Frank Mayborn Enterprises, INC., as recorded in volume 333, page 893 oft the official records of] Falls County, Texas; generally located southwest of the Motion made by Ricky Wiggins to approve with the conditions as the city administrator recommendation to approve preliminary plat contingent upon alll MRB comments being resolved prior to final plat approval, Council to discuss and consider a proposal by BVRT Water Resources for the creation ofa aj public-private partnership to provide wastewater treatment service to the residents of Bruceville-Eddy and the surrounding areas. Motion made by Ricky Wiggins to approve the city administrator to work with BVRT and city attorney to develop: a draft agreement for: a public-private partnership for waste water services and bring back to the city council for further consideration., 2nd by Graham McGruer, yeas 5, nay 0, motion passes. old KCEN TV station on the South bound side ofI-35. 2nd by Connally Bass, yeas 5, nay 0, motion passes. 6. Sewer System Proposal: Overview and Introduction- Jeff Caldwell (BVRT) 7. Police Chief's Report- - ChiefMichael Dorsey Calls for Service: Total 128; Arrest, Offense, Incident Reports: Total 10; Crash Reports: total 10; Citations Police city Report for April 2023, (security checks: 297, school zone enforcement: 15, directed traffic Calls for:0; Security check: 156; Citations & Warnings: 0 citations/0 warnings; Arrest: 0 and Warnings: Total 189; Citations Total: 135, Warnings Total:54 enforcement: 12 SRO for the month of April 2023 8. Public Works Director's Report - Gene Sprouse The new cameras are installed at the shop. Engineer's Report on New Wastewater System 9. Engineering Reports Prepared on 5-18-2023 1. USDA Rural Development - New Wastewater System: Tabor & Associates, Inc. is waiting on USDA Rural Development to issue closing instructions and Tabor & Associates, Inc. received authorization from the City of Bruceville-Eddy on February 28, 2023, to prepare and submit the renewal application to TCEQ pm pr before. July 23,2023. UPDATE: Our office will submit the completed renewal application package to TCEQ via FedEx authorize the project to be bid. 2. TCEQ: Discharge. Permit Renewal: today (5-18-23) 10. Community Development Report-1 Thomas Arnold 2 BRUCEVILLE Eddy She City of Buceville-Eddy Rioing into the Sutwre 144 Wilcox Drive Eddy, Texas 76524 April 2023 Report 80 active 22 closed 27 new 85 currently active Sewer System vital project! www.brucwlle-eddy.us Phone: (254)859-5964 Fax: (254)859-5779 11. City Administrator's Report - Kent Manton City Administrators Report: 5/25/2023 The USDA legal team has completed their review of our documentation and has released the project for movement to the loan closing process without any further stipulations! This is a very exciting milestone for our cityi in regards to this Furthermore, we received loan closing instructions from USDA on 5/18/2023. In the closing instructions, we were informed of several items that need to be submitted or reworked from their original submission to include compliance with the new Build America, Buy America (BABA) requirements, compliance with the equal opportunity act, the adoption of policies and procedures outlining the conditions ofs service, the establishment of an annual operating budget and rate structure, among other items. A few oft these must be completed before we are authorized to move the process We are in the process ofs scheduling meetings with USDA and Tabor and Associates to work through some ofthe Despite reaching this specific point in the process, we are still very much aware that this project will be underfunded as external market forces have greatly increased construction costs across the United States. We are still takinga multipronged approach to researching options to move the project forward, including looking to partnerships that can expand our ability to provide service. Onl May 19th, 2023 we will be meeting with County and U.S. representatives to Wel have yet to receive ai revised burning or fireworks ordinance from the City Attorney's office. Mr. Bullock has raised ai few questions ini regard to these revision requests. We will be discussing some oft the potential litigation tol bidding, while several will be required after the bidding work has been completed. nuances oft these items. discuss our project and our options. Fireworks and Burn Ordinance Revisions aspects in executive session. Water Well Repair Efforts On the water well issues with Friendly Oaks and' Westridge sites: Wel have one quote fora a VFD and sine wave filter for Friendly Oaks from Wallace Controls and Electric toj protect our well and distribution motors. The quote came in below our authorized expenditure amount however, it does not include any housing/climate control fori these units which our engineering firm has recommended toj protect these electronics from the Texas heat and insure their Gordian brought Core Construction and Romo electric out to our well sites 5/10/2023. Gordian has already gone through the bidding processes required by" Texas law with their vendors. We are expecting a quote to return within the next 7-10 days that will indicate and itemize all of the recommendations. our engineering firm has requested: for consideration. longevity. 3 BRUCEVILLE Eddy She City of Bucerille-Eddy Rioing into the Sutwre 144 Wilcox Drive Eddy, Texas 76524 wrw.brucevlleeddy.us Phone: (254) 859-5964 Fax: (254)859-5779 We will continue to prioritize Friendly Oaks at this time until it is back-up and running. Also, I was able to reach out to thel McLennan County Administrator's office to inquire about our ability to access some oft their ARPA funding for providing electrical standby power at our well sites. Apparently, there was an application process for this back in 2021 that might not have been completed on our end. However, we: may be able to access some of Street repairs approved by Council through interlocal agreement with McLennan County back in March are slated to begin at the end of May or early June according tot the County Foreman. We ask for patience and understanding from the community as crews begin the work ofmilling and resealing Crescent Creek, NI Mesquite, Archie, Ausborn, and Temple. In addition, we. have reached out to McLennan County and asked for an opinion and guidance on the best approach to repairs for the section of Hungry Hill Road from Hwy 71 to the creek. Justin Cross, County Foreman, stated that this overhaul would not be a huge project, but that he does not recommend milling to road base at this time. McLennan County does not do any concrete work sO any bids for this type ofi material would need to come from private vendors. If Council desires to see this road move to a gravel one (road base) we will likely need to budget for adding new material every 1-2 years as well as approximately 48 hours of labor from the County per year for them to have ai motor grader come out about once ai month to regrade. Our PW crew does, however, have al box blade that they could use to regrade as needed, although it would probably not be as efficient as the County would be able to provide. Justin recommends resealing this section. Wel have requested the addition ofl Hungry Hill Road project to be included in this year's road repairs to which they have obliged. We are still awaiting an official quote for this project. On the same note, I was able to meet with management at Helena on Tuesday March gth to discuss the issues we are having with their trucks on Hungry Hill Road. The meeting was successful overall, starting immediately, they will begin locking the fence on Hungry Hill and directly all traffic through the front gate. The exception to this rule will be on weekends when third party vehicles arrive and must unlock the gate and at very busy times, which I'vel been told isara rarity. This should result in a significant decrease int truck traffic that is adding to the damage to our street. We also discussed partnering up to address a construction upgrade to the stretch ofr road that leads to their plant. While the regional operations manager could not make any promises, he said they would be open to considering aj proposal and sending it up The CDBG application for waterline replacement int the 3rd/4th street alley was submitted. We are now awaiting award T-Mobile has informed us as of 5/18/2023 that our grant application was not selected to move forward. this funding should one oft the entities that was awarded funding reverse course. Street Repairs the chain. Grant and Funding Opportunities announcements that will take place at the end of2023 or 2024. Committee Updates Budget took place on 5/18/2023. Work on thel FY 2023-2024 budget kicked offl last month with a staff meeting and the first official Budget Committee 4 BRUCEVILLE Eddy She City of Bucerille-Eddy Rioing into the Sutwre 144 Wilcox Drive Eddy,T Texas 76524 www.brucvlle-cddy.us Phone: (254) 859-5964 Fax: (254)859-5779 Members are working on thei initial budget numbers now and will be sending out budget request forms tol Department Staff will be recommending, and budgeting tol keep the same tax rate of0.460000/S100 which was a decrease of Heads shortly fori input. 0.04/$100 from the year prior (FY2021-2022). Development We were working internally to get a set ofs several properties rezoned from agricultural to general business this month. These properties are along the I-35 and Hwy 7 corridors and ai rezoning to general business is consistent with the future land use map listed in the comprehensive plan. This takes one hurdle out oft the process for the landowners looking to develop their properties in Falls County. Wel hit an unexpected delay on this project and deliberations were unfortunately moved to. June 22, 2023 as we were informed by Waco Tribune Herald that and internal issue resulted in the failure of our legal notices being published on time. No additional information since the last update. CREED: KBAR - Eagle Ranch: KBAR has informed the City that they will be moving forward with the submission ofaj preliminary plat for their property located in our. ETJ with % acres lots and are: no longeri interested in annexing into the city limits at this time. They will also be seeking a variance for road construction design. BE Travel Center (Ascent): An official preliminary plat was submitted on 4/25/2023 for this development. Staff submitted to engineering firm the same day. We also have int the works the required zoning change that is needed to develop this land with commercial property. This willl be upi for discussion at our: 5/25/2023 meeting. CEFCO: CEFCO's legal team was unsuccesstul in their initial discussion with BEISD to come to an understanding on the use of Miracle Lane. I have been told that conversations are still continuing. The project is currently on hold until an understanding or alternate plans can be made. We will be discussing our options to help move their project forward in executive session. FMI Land Holdings: A variance request is being submitted for your consideration at the 5/25/2023 meeting to the current road construction design specs. They are wanting to see ifthis is feasible before submitting a preliminary plat for consideration. B-E Safe Storage and B-E RV Park 12. Consent. Agenda Construction still underway on both oftheir respective expansion projects 5 BRUCEVILLE Eddy She City of Bucerille-Eddy Rising into the Sutwre 144 Wilcox Drive Eddy, Texas 76524 ww.brucevlleeddy.us Phone: (254) 859-5964 Fax: (254)859-5779 Alli items listed on the consent agenda will be considered by the City Council and will be enacted on by one motion. There will be no separate discussion oft these items unless a Councilmember or a member oft the public so requests. Council to discuss, consider, and possibly take action to approve the minutes from the April 27, 2023 City Council A. Approval of Minutes Meeting. B.] Finances April 2023 water, and sewer: fund accounts. water, and sewer fund accounts. C.Donation. Acceptance i)Council to discuss, consider, and possibly take action to approve the April 2023 financial reports for the general, ii) Council to discuss, consider, and possibly take action on approving April 2023 accounts payable fort the general, Council to discuss, consider, and possibly take action to approve the acceptance ofa $25.00 donation to the Bruceville-Eddy Police Department by Mr. John Burns; authorization oft the City Administrator to officially acknowledge and provide al letter ofa appreciation for said donation and place the donation into the proper account. Council to discuss, consider, and possibly take action to approve the waiver of penalties and interest associated with delinquent property taxes for Oncor Electric Delivery Company, LLC pursuant to Texas Tax Code section Motion made by Connally Bass to approve consent items A, B(i,ii), C, and D,2nd by Graham McGruer, D. Wavier of] Penalty and! Interest - Property Tax Delinquency for Oncor Electric 33.0110) yeas 5, nay 0, motion passes. Council Meeting Break from 7:55 pm until 8:03pm 13.1 Preliminary Plat and Subdivision Variance Requests A.] Preliminary/Final Plat- Owens Addition Council to discuss, consider, and possibly take action on a preliminary/final plat submission for property owned by Ms. Linda. J. Owens (applicant); being at total oft two lots with one being a 3.0 acre tract and the other being a 2.91 acre tract, both out ofthe Levi Prewitt Survey Abstract No. 723 in the City of Bruceville-Eddy, McLennan County, Texas, being part oft that called 23.39 acres described in a deed tol Linda J. Owens as recorded in McLennan County Clerk's Document (M.C,C.D): 2018011772 oft the Official Public Records ofl McLennan County Texas (O.P.R,M.C.T.), located east of Mackey Ranch Road, north of3rd Street and adjacent to and southeast ofl Melissa Motion made by Ricky Wiggins to deny the preliminary plat/final plat, 2nd by Richard Prater,yeas 2, nay 0, Motion made by Richard Prater to approve the preliminary plat/ final plat with conditions added the utility easement and emergency easement as stated in the subdivision ordinances, 2nd by Graham McGruer, Street. 3abstain, motion failed. yeas 5, nay 0, motion passes 6 BRUCEVILLE Eddy She City of Bucerille-Eddy Rioing inta the Sutwre 144 Wilcox Drive Eddy, Texas 76524 www.brucw/lle-eddy.us Phone: (254)859-5964 Fax: (254)859-5779 B. Variance Request -] Road Design Council to discuss, consider, and possibly take action on a request by Ms. Linda. J. Owens (applicant); fora variance to Chapter 10, Exhibit 10A, Subdivision Ordinance Attachment 1- Appendix A I, B., Engineering Design to allow aj property subdivision to have a 10' wide gravel roadway with roadside ditches in lieu of engineering design requirements; for property being platted as the Owens Addition out oft the Levi Prewitt Survey Abstract No. 723 in the City of] Bruceville-Eddy, McLennan County, Texas, being part ofthat called 23.39 acres described in a deed to Linda. J. Owens as recorded in McLennan County Clerk's Document (M.CCD)2018011772 ofthe Official Public Records of McLennan County Texas (O.P.R,M.C.T.), located east ofMackey Ranch Road, Motion made by Ricky Wiggins to deny both variances (B and C) requested 2nd by Richard Prater,yeas! 5, Council to discuss, consider, and possibly take action on a request by Ms. Linda. J. Owens (applicant); fora variance to Chapter 10, Exhibit 10A, Attachment 1- Appendix A III., B., 2., Engineering Design to allow fora2" water main inl lieu of engineering design requirements; for property bring platted as the Owens Addition out oft the Levi Prewitt Survey Abstract No. 723 int the City ofBruceville-Eddy, McLennan County, Texas, being part oft that called 23.39 acres described in a deed tol Linda J. Owens as recorded in McLennan County Clerk's Document (MCC.D)2018011772 oft the Official Public Records of McLennan County Texas (O.P.R,M.C.T), located east of Motion made by Ricky Wiggins to deny both variances (B and C) requested 2nd by Richard Prater,yeas 5, north of3rd Street and adjacent to and southeast of Melissa Street. nay 0, motion passes. C.Variance! Request - Water System Design Mackey Ranch Road, north of 3rd Street and adjacent to and southeast ofMelissa Street. nay 0, motion passes 14. Proposal for a Rental Registration Program Council to discuss, consider, and possibly take action concerning the creation ofa rental registration program that will regulate both tenants and landlord's tenants and landlords; council tol hear an update from staffa and provide the public opportunity to comment on the character oft thej proposed ordinance. 15. Proposal for Engineering Services - Hydraulic Model and GIS Map No Action Taken Council to discuss, consider, and possibly take action to approve the City Administrator to enter into ap proposal for professional engineering services for the purpose ofp preparing al hydraulic water model and GIS system map ofthe Motion made by Ricky Wiggins to approve the hydraulic model and GIS system map for the amount of $26,800.00 for the Bruceville-Eddy water system, 2nd Connally Bass, yeas 5, nay 0, motion passes. Bruceville-Eddy water system. 16.1 Lease Agreement- - Bruceville-Eddy Youth Sports Association Council to discuss, consider, and possibly take action to approve thel Mayor to enter into ai ten-year lease agreement with the Bruceville-Eddy Youth Sports Association fort the purposes of using Duty Park, located at 2501 Hungry Hill Road, Eddy Texas 76524 for little league baseball and softball activities. 7 BRUCEVILLE Eddy She City of Buceille-Eddy Rising into the Sutwre 144 Wilcox Drive Eddy, Texas 76524 wwwbrucevlleeddy.us Phone: (254)859-5964 Fax: (254)859-5779 Motion made by Richard Prater to approve the Mayor to enter into a ten-year lease agreement with the Bruceville-Eddy Youth Sports Association, 2nd by Graham McGruer, yeas 5, nay 0, motion passes. Council to discuss, consider, and possibly take action to approve the City Administrator to enter into agreement with Mr. James D. Redden; ICC License # 5291454, State ofTexas Plumbing Inspector License #35371 fora Motion made by Ricky Wiggins to enteri into an agreement for professional services with Mr. James D. Redden for: a period of time not to exceed one year. 2nd by Connally Bass, yeas 5, nay 0, motion passes. Council to discuss, consider, and possibly take action to vote to appoint a candidate to the McLennan County 9-1-1 Motion made by Ricky Wiggins to select Mr. Ryan Holt, 2nd by Connally Bass, yeas 5, nay 0, motion passes. Council to discuss, consider, and possibly take action on resolution 5-25-2023-1 for the purpose ofe expressing support for the submission ofag grant application for funding from TXDOT for the Transportation Alternatives Set- Motion made by Connally Bass to approve resolution 5-25-2023-1 just for the purpose to support: a grant 17.Agreement for Professional Services - James Redden period oft time not to exceed one year. 18. Cast Ballot for Candidate to the McLennan County 9-1-1 Board of Managers Board of] Managers. 19. IXDOTTramsporation Alternatives Grant Support Resolution Aside (TA) Call: for Projects. application, 2nd by Richard Prater, yeas 5, nay 0, motion passes. 20. Engineering and Planning Review Cost 'Pass Thru' Ordinance Council to discuss, consider, and possibly take action on ordinance 5-25-2023-1; adopting an ordinance to pass along the cost of conducting engineering and planning related services required with the process ofland Motion made by Connally Bass to approve ordinance 5-25-2023-1, 2nd by Ricky Wiggins,) yeas 5, nay 0, development. motion passes. 21. Ordinance Amending the Code ofOrdinances and Master Fee Schedule Council to discuss, consider, and possibly take action on ordinance 5-25-2023-2; changes to the City's code of ordinances and master fee schedule; updating and adding fees for building, construction, and development related Motion made by Connally Bass to approve ordinance 5-25-2023-2; 2nd by Graham McGruer,yeas 5, nay 0, fees; adding inspection schedules to building regulations. motion passes. Council Meeting adjourned at 9:21 pm Executive session begins at 9:21 pm 22. Executive Session A.' The City Council mat convene into Executive Session to Discuss the Following: 8 BRUCEVILLE Eddy She City of Bucerille-Eddy Rising into the Sutwre 144 Wilcox Drive Eddy, Texas 76524 www.brucevlleeddy.us Phone: (254) 859-5964 Fax: (254)859-5779 i)Texas Government Code Section 551.071 (Consultation with City Attorney) and Section 1.05, Texas Disciplinary Rules of Professional Conduct. Confer with City Attorney to receive legal advice regarding City ii) Texas Government Code Section 551.071 (Consultation with City Attorney) and Section 1.05, Texas Disciplinary Rules of Professional Conduct. Confer with City Attorney to receive legal advice regarding potential Code compliance issues related to 101 Shady Shores Bruceville, Texas 76630. No Action in executive session fireworks regulation within the city limits of Bruceville-Eddy. No Action iii) Texas Government Code Section 551.071 (Consultation with City Attorney) and Section 1.05, Texas Disciplinary Rules of Professional Conduct. Confer with City Attorney to receive legal advice regarding the legal status ofl Miracle Lane. No. Action in executive session Executive Session adjourned at 10:17 pm B. Reconvene into Open Session at 10.17 pm C.Possible Action on Issues Discussed in Executive Session Motion made Graham McGruer to approve the city administrator toi initiate a' Texas Government Code 54 against property owners at 101 Shady Shores, 2nd by Ricky Wiggins, yeas 5, nay 0, motion passes. Motion made by Graham McGruer to approve the city attorney to do a title search for Miracle Lane, 2nd by Ricky Wiggins,yeas! 5, nay 0, motion passes. 23. Adjournment motion passes. Motion made by Connally Bass to adjourn the meeting at 10:21pm, 2nd by Graham McGruer,yeas 5, nay 0, 63333 Date 0-23-2023 Date Linda Owens, Mayor Pom Comlis Pam Combs, City Secretary 00-4 9