CITY OF BROWNWOOD Council Agenda Regular Called Meeting 9:00 a.m., Tuesday, March 11, 2025 Council Chambers, City Hall 501 Center Avenue, Brownwood, Texas The City Council of the City of Brownwood, Texas, reserves the right to meet in a closed, executive session on any ofthe items listed below should the need arise and if authorized by Title 5, Chapter 551, ofthe Texas Government Code. For listening purposes only, you may dial the meeting with the following number: +1 7799 Meeting ID: 868 6118 2677 Passcode: 517955 The City Council may deliberate and/or act on the following items: 1. Call to Order 2. Pledge of Allegiance 3. Invocation 4. Items to be withdrawn 5. Introductions, Announcements, and Recognitions A. Promotion Announcements 6. Citizen Presentations Any citizen who desires to address the City Council on a matter not included on the agenda may do sO at this time. The City Council may not deliberate on items presented under this agenda item. To comply with the provisions of the Open Meetings Act, the Council respectfully requests that before addressing the Council each person submit a citizen presentation form that is located at the entryway to the Council Chambers, stating your name, address, and topic of presentation. All presentations are subject to a five-minute time limit. 7. Approval of Minutes A. Regular Called Meeting, February 25, 2025 B. Special Called Meeting, February 26, 2025 8. Claims and Accounts 9. Requests and Presentations A. The Council will hear a presentation from the Corine T. Smith Animal Shelter regarding the City's spay and neuter voucher program. 10. Ordinances and Resolutions A. Consider a resolution to enter into an agreement with the Texas Department of Transportation to update the Airport Layout Plan. 11. Appointments A. Consider an appointment to the Library Board. Council Agenda March 11, 2025 Page 2 of2 12. Reports A. Street seal coat list. B. Racial Profiling Report 13. Executive Session: The City Council may convene into a closed executive session in the Haynes Conference Room, pursuant to the provisions of the Open Meetings Law, Chapter 551, Government Code Vernon's Annotated, in accordance with the authority contained in the following section: Section 551.071 - Consultation with Attorney Section 551.072 - Deliberation Regarding Real Property A. Property negotiations B. Purchase of property located at 601 Center Avenue C. Sale of ten (10) acres of land described as Block E, Lots 4R and 5R, Brownwood Industrial Park District Subdivision, Phase II, in the City of Brownwood, Brown County, Texas pursuant to Section 253.0125 oft the Local Gov't Code. 14. Action as a result of the Executive Session Council may take any action deemed necessary as a result of the Executive Session. A. Council may authorize the Mayor to sign a purchase contract for the purchase of property located at 601 Center Avenue, Brownwood, Texas. B. Council may authorize the Mayor to sign an agreement selling ten (10) acres of land described as Block E, Lots 4R and 5R, Brownwood Industrial Park District Subdivision, Phase II, in the City of Brownwood, Brown County, Texas pursuant to Section 253.0125 ofthe Local Gov't Code. 15. Adjournment Submitted by: Emily Gavpid Emily Crawf ford, City Manager Approyed as to Form: A a K Pat Chesser, City Attorney Certification I certify that the above notice of the meeting was posted on the bulletin boards at City Hall, 501 Center Avenue, Brownwood, Texas, on March 7, 2025. I further certify that the media was properly notified. A list ofthose notified will be available upon request. mistilwlgm Christi Wynn, City Secretary Special Accommodations This facility is wheelchair-accessible and accessible parking spaces are available. Requests for accommodation or interpretive services must be made twenty-four (24) hours prior to this meeting. Please contact Christi Wynn at (325) 646-5775 X 1162 for further information. REGULAR CALLED MEETING City Council February 25, 2025 The City Council ofthe City ofBrownwood, Texas met in a Regular Called Meeting on Tuesday, February 25, 2025, at 9:00 a.m., in the Council Chambers, City Hall, 501 Center Avenue, Brownwood, Texas, with the following members present: Stephen E. Haynes . Mayor H D Jones : Councimember Ward 1 Ed McMillian Councilmember Ward 2 Melody Nowowiejski Councilmember Ward 3 Draco A. Miller Councilmember Ward 4 Pat Chesser : City Attorney Emily Crawford City Manager Christi Wynn City Secretary with member Walker Willey absent, constituting a quorum oft the City Council. CALL TO ORDER: Mayor Haynes called the meeting to order. PLEDGE OF ALLEGIANCE: Pledge of Allegiance was led by Councilmember McMillian. INVOCATION: Invocation was given by Mayor Haynes. ITEMS TO BE WITHDRAWN: None INTRODUCTIONS, ANNOUNCEMENI, AND RECOGNITIONS: None CITIZENS PRESENTATIONS: None APPROVAL OF MINUTES: A motion was made by Miller, seconded by McMillian, to approve the minutes of the Regular Called Meeting, February 11, 2025, as presented. Upon vote, the motion carried unanimously. CLAIMS AND ACCOUNTS: Chief Accountant, Leah Thomas, was available for questions regarding the checklist. A motion was made by McMillian, seconded by Nowowiejski, that the Claims and Accounts dated February 21, 2025, be approved for payment as submitted. Upon vote, the motion carried unanimously. PUBLIC HEARING: Conduct a public hearing and consider an ordinance on first reading amending Chapter 98 ofthe City's Zoning ordinance by amending Section 98-2 to add definitions for a social club, a fraternal organization, lodge or civic club and a fraternity and dormitory; amending the chart of permitted uses in Section 98-561 to permit social clubs, fraternal organizations. lodges or civic clubs and fraternities and sororities in commercial, industrial and/or agricultural zoning districts and fraternities and sororities in R-3 zones with conditional restrictions: and amending Section 98-584(b), which provides conditional language for these uses, to clarify that fraternities and sororities may be permitted in R-3 zones only if their chief activity is not to carry on a business. Regular Called Meeting - February 25, 2025 Page 2 of5 Mayor Haynes opened the Public Hearing. Director of Planning and Development, Tim Murray, stated that the Planning & Zoning Commission met at a special called meeting on January 21, 2025, to hear a request to amend the City's current zoning ordinance to add definitions to properly address social clubs, fraternal organizations, lodges or civic clubs and sororities and to amend the City's chart of permitted uses to allow for the uses of property for social clubs, fraternal organizations, lodges or civic clubs and fraternities and sororities. Currently, the City has a permitted use of "Civic or social club, fraternity, sorority or lodge". The only definition limiting these uses is the definition of"Club" which is defined as "al building, or portion thereof, or premises owned or operated by a corporation, association or person for a social, educational or recreational purpose, but not primarily for profit or to render a service which is currently carried on as a business.' 99 A local business owner desires to open a "Social Club" at 104 South Broadway, to operate a social club that will be established for the purposes of allowing its members to play poker and other related activities. This "Social Club" will be a "for profit" business. Because the definition of "Club" in the City's Zoning ordinance prohibits a "for profit" business or from rendering a service which is currently carried on as a business from being a "Social Club", the amended Zoning ordinance adds a definition of "Social Club" which removes the for profit and business purpose restriction. The ordinance also changes the permitted use from "Civic or social club, fraternity, sorority or lodge" to two different uses, the first being a "Fraternal organization, lodge, civic club and social club" and the second being Fraternity or sorority". For clarification, the ordinance then adds definitions for all ofthese permitted uses. The ordinance amends the chart of permitted uses in Section 98-561 to allow for these permitted uses in commercial, industrial and agricultural zones and fraternities and sororities in R-3 zones but only iftheir chief activity is not to carry on a business. In addition, this ordinance amends the conditional use language in Section 98-584(b) to match the amendments in previous sections and to clarify that only fraternities and sororities may be permitted in R-3 zones if their chief activity is not to carry on a business. The "Social Club" will be limited to "members" only who will pay a fee to be a member. Members will also pay an hourly "seat" fee for each member to play poker. The business will not take a cut or "rake" of the winnings of the poker game. No food or beverages will be offered for sale at the business. This business model has been used by approximately 70 poker rooms to operate across the State ofTexas under a "Social Club" permitted use. Currently, the City of Houston has approximately 18 poker rooms, followed by Austin and Dallas with 9 each, San Antonio with 8, and Amarillo, Burleson, Edinburg, El Paso, Laredo, Lubbock, Midland, Texarkana, Round Rock and Wichita Falls with at least one each. The Planning and Zoning Commission unanimously recommended the changes to the City's Zoning Ordinance. There being no others to speak, Mayor Haynes closed the public hearing and asked the City Secretary to read the ordinance. After the reading ofthe ordinance, a motion was made by Miller, seconded by McMillian, to approve the ordinance on first reading amending Chapter 98 of the City's Zoning ordinance by amending Section 98-2 to add definitions for a social club, a fraternal organization, lodge or civic club and a fraternity and dormitory; amending the chart of permitted uses in Section 98-561 to permit social clubs, fraternal organizations, lodges or civic clubs and fraternities and sororities in commercial, industrial and/or agricultural zoning districts and fraternities and sororities in R-3 zones with conditional restrictions; and amending Section 98- Regular Called Meeting - February 25, 2025 Page 3 of5 584(b), which provides conditional language for these uses, to clarify that fraternities and sororities may be permitted in R-3 zones only if their chief activity is not to carry on a business. Upon vote, the motion carried unanimously. ORDINANCE NO. 25- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BROWNWOOD, TEXAS, BY AMENDING CHAPTER 98 OF THE ZONING CODE BY AMENDING SECTION 98-2 TO ADD DEFINITIONS FOR A SOCIAL CLUB, A FRATERNAL ORGANIZATION, LODGE OR CIVIC CLUB AND A FRATERNITY AND SORORITY; AMENDING THE CHART OF PERMITTED USES IN SECTION 98-561 TO PROVIDE FOR SOCIAL CLUBS; A FRATERNAL ORGANIZATION, LODGE OR CIVIC CLUB; AND A FRATERNITY OR SORORITY AND PERMITTING THEM TO BE LOCATED IN COMMERCIAL, INDUSTRIAL AND AGRICULTURAL ZONES AND PERMITTING FRATERNIES AND SORORITIES IN R-3 ZONES IF THEIR CHIEF ACTIVITY IS NOT A BUSINESS; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. ORDINANCES AND RESOLUTIONS: Consider a resolution declaring items and equipment from various departments as surplus property. Fleet Supervisor, Heath Bundick, stated that the City has accumulated numerous old vehicles and equipment that are beyond repair, which have been replaced or are no longer needed. We would request that Council allow these vehicles, parts, and equipment to either be sold, scrapped or donated. We will try to donate the furniture and appliance items to a nonprofit, otherwise they will be scrapped. Items that may be donated include a piano, stove, refrigerators, furniture, and office equipment. A motion was made by Nowowiejski, seconded by Miller, to approve a resolution declaring items and equipment from various departments as surplus property. Upon vote, the motion carried unanimously. RESOLUTION NO. R-25-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BROWNWOOD, TEXAS, DECLARING THE ITEMS LISTED IN THIS RESOLUTION AS SURPLUS PROPERTY AND AUTHORIZING THE DISPOSITION OF SAME. REQUESTS AND PRESENTATIONS: Consider authorizing a budget amendment of $14,575 for leak repairs at the Camp Bowie Aquatic Center. Director of Parks and Recreation, Roland Soto, stated that in January, they noticed standing water in the creek area outside of the pool. After further inspection our Aquatics Supervisor reported the autofill function of the pool had recently become more active than normal for this part ofthe season, indicating a possible leak. A pool leak test was ordered from our vendor, Commercial Swim. The test revealed five ofthe seven expansion joints were failing due to age. Additionally, the strainer basket for the Lazy River had substantial leaks. Staff explored a repair rather than replacing the strainer, but parts are unavailable because the original manufacturer is no longer in Regular Called Meeting - February 25, 2025 Page 4 of5 business. Commercial Swim confirmed that the failures mentioned are due to the age of areas and equipment, being approximately fifteen years old. We have received quotes from Commercial Swim for the work. The strainer basket replacement for $9,748 and the expansion joint repair for $4,826. The time for the completion of the work is 4-6 weeks. The Aquatic Center should be ready by opening day. A motion was made by Nowowiejski, seconded by Jones, to authorize a budget amendment of $14,575 for leak repairs at the Camp Bowie Aquatic Center. Upon vote, the motion carried unanimously. AGREEMENTS AND CONTRACTS: Consider awarding an engineering contract to Taylor Engineering for the Riverside Park Texas Parks and Wildlife Department grant project. Deputy City Manager, Marshal McIntosh, stated that the Texas Parks and Wildlife Department accepted grant applications on August 1, 2023, for the Non-Urban Outdoor Recreation grant and awarded the City of Brownwood the maximum amount of $750,000 in January of 2024. The program requires a minimum of$1:$1 match (cash, donations, in-kind) and typically have a 3-year contract term, with an option for a one-year extension. TPWD entered in official agreement with the City of Brownwood in October of 2024, and the City received our signed agreement in December 2024. During this time, the City went out for quotes to solicit engineering qualifications. We are proposing Taylor Engineering be awarded Riverside Park Phase II. The proposed cost for professional engineering fees and services is set at a lump sum of $88,890 (approximately 5.9% fee). After awarding the engineering contract, Staffwill coordinate with our grant administrator, Public Management, and all parties to have a project kick off meeting in March. Phase I improvements of Riverside Park prioritize infrastructure and include the demolition of existing roadways, reconstruction of new asphalt roadways, 180+ designated parking spaces, new road ribbon curbing, fencing, electrical, relocation and installation of new lift station, lighting improvements, landscaping, a new modern pavilion, expanded patio of pavilion with string lighting, food truck hookups, entrance signage, and sidewalk improvements. Currently we are waiting for proper weather to complete the asphalt paving to re-open the park. Phase II improvements prioritize recreation and amenities. The grant includes proposed improvements of native landscaping, additional site amenities, a playground with inclusive elements, paved trail improvements, river view picnic facilities, signage, a rain collection system for the pavilion, restroom improvements, sand volleyball court improvements, public art, and additional lighting. Additional project scope elements focused on recreation amenities will be added if the budget allows. During Phase II, the park will not be closed, only sections being worked on. A motion was made by Miller, seconded by Jones, to award an engineering contract to Taylor Engineering for the Riverside Park Texas Parks and Wildlife Department grant project. Upon vote, the motion carried unanimously. Regular Called Meeting - February 25, 2025 Page 5 of5 Consider approving an easement agreement between Oncor and the City of Brownwood for a 20 ft X 450 ft utility easement for the purpose of installing an underground electric supply that will provide power to the newly renovated Gordon Wood Stadium. Director of] Planning and Development, Tim Murray, stated that the City has received an easement and right of way request'agreement from Oncor requesting the City to allow a 20 ft wide by 450 ft long utility easement along the southwest corner of the west parking lot of Gordon Wood Stadium. This easement would allow Oncor to provide an underground electric service to the newly renovated stadium and eliminate the current overhead service. The parking lot will be repaired at their expense. A motion was made by McMillian, seconded by Miller, to approve an easement agreement between Oncor and the City ofBrownwood for a 20 ft X 450 ft utility easement for the purpose of installing an underground electric supply that will provide power to the newly renovated Gordon Wood Stadium. Upon vote, the motion carried unanimously. EXECUTIVE SESSION: Council convened into Executive Session at 9:29 a.m., in the Haynes Conference Room, pursuant to the provisions of the Open Meetings Law, Chapter 551, Government Code Vernon's Texas Codes Annotated, in accordance with the authority contained therein to discuss the following: Section 551.071 - Consultation with Attorney Section 551.087 - Deliberation Regarding Economic Development Negotiations A. La Cresta Development Project. Section 551.072 - Deliberation Regarding Real Property B. 601 Center Avenue. Council reconvened into open session at 9:50 a.m. ACTIONTAKEN AS A RESULT OFTHE EXECUTIVE SESSION: A. No action taken. B. A motion was made by Nowowiejski, seconded by Miller, to take a tour of 601 Center Avenue before making a decision. Upon vote, the motion carried unanimously. After the tour, a motion was made by Miller, seconded by Nowowiejski, to authorize City Staff to negotiate a sales contract for the property located at 601 Center Avenue. Upon vote, the motion carried unanimously. ADJOURNMENT: There being no further business, Mayor Haynes declared the meeting adjourned. STEPHEN E. HAYNES, Mayor ATTEST: CHRISTI WYNN, City Secretary