City Council

Belton City Council Meeting June 28, 2016- 5:30 P.M. The Belton City Council met in regular session in the Wright Room at the Harris Community Center with the following members present: Mayor Marion Grayson and Councilmembers Craig Pearson, Guy O'Banion, Dan Kirkley, Jerri Gauntt and Paul Sanderford. Mayor Pro Tern David K. Leigh was absent. Staff present included Sam Listi, John Messer, Gene Ellis, Amy Casey, Brandon Bozon, Erin Smith, Bruce Pritchard, Chris Brown, Aaron Harris, Byron Sinclair, Angellia Points, Matt Bates, Ed Bandas, Paul Romer, Charlotte Walker, Kim Kroll and Cynthia Hernandez. The Pledge of Allegiance to the U.S. Flag was led by Councilmember Craig Pearson, the Pledge of Allegiance to the Texas Flag was led by Assistant City Manager/Police Chief Gene Ellis, and the Invocation was given by Andy Davis, Senior Pastor at First Baptist Church of Belton. 1. Call to order. Mayor Marion Grayson called the meeting to order at 5:33 p.m. 2. Public Comments. There were none. 3. Recognize Public Safety personnel regarding their efforts in saving a life. Fire Chief Bruce Pritchard recognized the efforts of many employees of Belton Fire Department, as well as employees of James Construction, Bell County Communications, and Belton Police Officers who assisted in saving the life of an employee of James Construction who suffered a heart attack. Assistant City Manager/Police Chief Gene Ellis presented a special Life-Saving Award to Police Officer Barnett for his role in the rescue. 4. Consider minutes of previous meetings: A. June 14, 2016, City Council Workshop B. June 14, 2016, City Council Meeting Upon a motion by Councilmember Paul Sanderford and a second by Councilmember Craig Pearson, the minutes were unanimously approved upon a vote of 6-0. Planning and Zoning 5. Hold a public hearing and consider a zoning change from Commercial Highway to Commercial-1 Zoning District for a minor auto repair shop at 501 East Avenue I, a 0.33 acre tract of land, located on the southeast corner of South Beal Street and East Avenue I. Director of Planning Erin Smith said that this vacant 0.33 acre property is currently zoned Commercial Highway. The applicant is proposing a zoning change to Commercial-1 to allow for a minor auto repair shop. She said that the applicant Belton City Council Meeting June 28, 2016 - Page 2 owns L&N Auto Sales located directly west of this property, and he would like to construct a building to complete minor repair services to the vehicles for resale at the L&N Auto Sales lot. Mrs. Smith said that at their meeting on June 21, 2016, the Planning and Zoning Commission recommended approval with conditions, and Staff concurs in their recommendation. The Mayor opened the public hearing. Seeing no one wishing to speak for or against the item, she closed the public hearing. Upon a motion by Councilmember Pearson and a second by Councilmember Dan Kirkley, item 5 was unanimously approved upon a vote of 6-0. 6. Hold a public hearing and consider a zoning change from Heavy Industrial to Light Industrial Zoning District on a 36.326 acre tract of land, located on the north side of East sth Avenue/FM 93, south of Taylors Valley Road, and east of Interstate Highway 35. Director of Planning Erin Smith said that the applicant, the City of Belton, is proposing this zone change to allow for light industrial development. She explained that the Future Land Use Plan identifies this area as Heavy Industrial, and she said that it is Staff's judgment that heavy and light industrial uses are compatible. Mrs. Smith stated that this property is a portion of the former Rockwool Superfund Site. She added that the EPA gave a Superfund Redevelopment planning grant to the City of Belton to support the site's return to beneficial use. The environmental remedies have been completed, and this property may now be developed in compliance with EPA and TCEQ conditions. The Belton Economic Development Corporation (BEDC) will acquire this 36.326 acre site and market the property for industrial development. Mrs. Smith said that at their meeting on June 21, 2016, the Planning and Zoning Commission recommended approval of zone change from Heavy Industrial to Light Industrial District. Staff concurs with their recommendation. Councilmember Guy O'Banion asked if Light Industrial zoning will allow the possibility of a cement plant. Mrs. Smith replied that a cement plant would be Heavy Industrial. City Manager Sam Listi added that it could also be zoned Light Industrial with a Special Use Permit. Mr. Listi said that this rezoning is at Council's request prior to conveyance of the property to BEDC. The Mayor opened the public hearing. Seeing no one wishing to speak for or against the item, she closed the public hearing. Upon a motion by Councilmember Guy O'Banion and a second by Councilmember Kirkley, item 6 was unanimously approved upon a vote of 6-0. Belton City Council Meeting June 28, 2016 - Page 3 7. Hold a public hearing and consider a re-plat for 93 Quarters Place, a 0.576 acre tract of land, located on the southwest corner of West 2nd Avenue and Alexander Street. Director of Planning Erin Smith said that this is a 3-lot subdivision proposed as 93 Quarters Place. She stated that this property is currently zoned Single Family-2 Zoning District with a Conservation and Revitalization (CR) Overlay. The CR Overlay allows single family, duplex, and patio homes. There is an existing house on Lot 1, and proposed Lots 2 and 3 are currently vacant. The applicant would like to construct new duplexes on the two vacant lots. Mrs. Smith said that TXDOT has reviewed the plat and stated that only one driveway will be permitted on FM 93. The existing house has driveway access to Alexander Street. Lot 3 will have driveway access to FM 93, and Lot 2 will be required to have driveway access to Alexander Street. She stated that any residential subdivision within the City is required to set aside suitable parkland and/or pay a fee-in-lieu for the acquisition and development of such parkland for each dwelling unit proposed. This subdivision requires parkland dedication of 0.04 acres or an $800 parkland fee for the additional lot. Staff is recommending payment of the parkland fee since there are several area parks that could benefit from these funds. Mrs. Smith said that at their meeting on June 21, 2016, the Planning and Zoning Commission recommended approval with conditions, and Staff concurs in their recommendation. Councilmember Jerri Gauntt asked about parking for the duplexes. She expressed concern about the narrow road and the fact there is an apartment complex across the street. She was concerned that Alexander Street was too narrow to accommodate the large number of vehicles. Mrs. Smith stated that the developer will be required to provide two off-road parking places per dwelling unit. The Mayor opened the public hearing. Seeing no one wishing to speak for or against the item, she closed the public hearing. Upon a motion by Councilmember Sanderford and a second by Councilmember Pearson, item 7 was approved upon a vote of 5-1. Councilmember Jerri Gauntt provided the dissenting vote. 8. Hold a public hearing and consider an amendment to Section VI, Tree Protection, Preservation, and Mitigation, of the Design Standards in the Zoning Ordinance, regarding the heritage tree replacement fee and ratio inches. Director of Planning Erin Smith said the City's current design standards require a 3:1 replacement when removing a heritage tree. When it is determined by the City Belton City Council Meeting June 28, 2016 - Page 4 that mitigation for heritage tree removal by replanting trees on site is not feasible, an applicant is required to provide payment of $50 per diameter inch of a Belton Heritage Tree removed for replanting elsewhere. She added that a tree is considered a Belton Heritage Tree when it is 21 -38 diameter inches depending on the species of tree . Mrs. Smith said that the 2009 Design Standards required 3:1 replacement or a tree replacement fee of $200 per diameter inch for removal of a heritage tree. In 2009, a tree was considered a Heritage Tree when it was 30 diameter inches regardless of tree species. Mrs. Smith researched area cities to see what their tree mitigation requirements are, and she found that Copperas Cove, Harker Heights, and Killeen have none. The City of Temple 1-35 corridor overlay district requires trees in the floodplain to be protected or a contribution of $100 per caliper-inch fee is recommended ; however, there are no other tree replacement requirements. Mrs. Smith reminded Council that Staff presented tree mitigation recommendations on March 8th for possible future consideration , given the changes from 2009 to present and questions raised about the current replacement ratio. At this meeting, Council recommended researching the City of Flower Mound. She provided a comparison of Belton's policy to Flower Mound's policy. Mrs. Smith stated that in most instances, a developer has chosen to remove a heritage tree and pay the fee-in-lieu due to a lack of space on a site needed to plant the required number of trees. She said that to encourage heritage tree mitigation, Staff recommends changing the tree mitigation fee to $100 per diameter inch and changing the 3:1 replacement to a 1:1 replacement. Mrs. Smith added that at their meeting on June 21 , 2016, the Planning and Zoning Commission recommended approval. Mayor Grayson asked when the tree ordinance was enacted . Mrs. Smith said the latest revision was in 2014, but the original ordinance was passed in 2009. Mayor Grayson stated that the whole point of the tree ordinance is to save the trees. She added that the City needs to develop a plan for using the tree mitigation fees which have already been received . Mrs. Smith said that she has been working with Matt Bates, Director of Parks and Recreation , who is developing such a plan . Councilmember O'Banion said that he agrees with the Mayor that the purpose of the ordinance is to save the trees. He said that the proposed changes are acceptable, but he would have preferred a 2:1 replacement so as not to weaken the point of the ordinance. Councilmember Gauntt said she likes the idea of charging a permit fee to remove trees. Mayor Grayson reminded her that Belton requires a tree survey be completed at the applicant's expense. The Mayor opened the public hearing . Mr. James Hibbler, 611 S. Loop 121 , praised Mrs. Smith for the work she has done on the ordinance, but he wanted to make sure she was aware of the size of the root Belton City Council Meeting June 28, 2016 - Page 5 system of live oak trees. He said that in order to salvage these trees, you must make sure that you maintain enough of the root system to make them viable. Seeing no one else wishing to speak for or against the item, Mayor Grayson closed the public hearing. Upon a motion by Councilmember Kirkley and a second by Councilmember Gauntt, item 8 was approved upon a vote of 5-1. Councilmember Sanderford provided the dissenting vote. 9. Hold a public hearing and consider an amendment to Section 41, Screening, Fence and Wall Standards, of the Zoning Ordinance, regarding the maximum height of a fence within the front yard of a single family- duplex, or patio home. Director of Planning Erin Smith stated that Section 41, Screening, Fence and Wall Standards, of the Zoning Ordinance, establishes the maximum height of a front yard fence at three feet. Staff has received several permit requests for front yard fences that are taller than three feet. She explained that most fencing sold at home improvement stores is 4 feet, 6 feet, and 8 feet tall. It is difficult to find fencing that is 3 feet tall. Mrs. Smith researched front yard fence height requirements of area cities, and found the following: • Copperas Cove - no front yard fences allowed • Salado - no front yard fences allowed • Temple - 4 feet maximum applies to SF1 and SF2; 3 feet or less can be solid wood; over 3 feet must have open design with minimum 50% visibility and cannot impede visibility within 10 feet of curb or edge of pavement • Killeen - 5 feet maximum; over 4 feet cannot be solid wood or chain link • Harker Heights - 5 feet maximum; applies to premises 5 acres or less and within the 25-foot setback; 5+ acres can have front yard fence higher than 5 feet Mrs. Smith said that Staff is recommending an amendment to the current fence height requirements to allow a front yard fence not to exceed four feet above the grade of the adjacent property. Additionally, combinations of berms and fences shall not exceed four feet in height. Front yard fences will not be permitted in the right-of-way or sight distance triangle areas, and any front yard fence that measures greater than three feet in height shall not be of an opaque character (e.g. solid wood). Mrs. Smith added that at their meeting on June 21, 2016, the Planning and Zoning Commission recommended approval of this amendment. Mayor Grayson asked Mrs. Smith to define "several." Mrs. Smith said that she didn't have an exact number, but she added that the majority of requests she receives are for the older parts of Belton. Mayor Grayson said that front yard fences, especially Belton City Council Meeting June 28, 2016 - Page 6 chain link, did not seem friendly to her. She asked if this could be accomplished on a case-by-case basis. Mrs. Smith said that it would be challenging to allow this through variances. Councilmember O'Banion said that when the Planning and Zoning Commission recommended the fence height at three feet, it was to discourage chain link front yard fences. Three feet was set because it is not a standard size and would be more expensive and difficult to obtain. He recommended that the ordinance remain unchanged. Councilmember Gauntt said that she does not want to see chain link fences in her neighborhood because it doesn't look inviting or welcoming. She relies on the City to maintain standards since her neighborhood does not have a HOA. She said that the City should not encourage front yard fences, especially chain link ones, by amending the height to four feet. Councilmember Dan Kirkley asked if chain link is allowed now. Mrs. Smith said that it is allowed. He said that he doesn't think we should tell a property owner that they cannot have a chain link fence in the front yard. The Mayor opened the public hearing. Seeing no one wishing to speak for or against the item, she closed the public hearing. Mayor Grayson said she is in favor of leaving the ordinance as it is, and she recommended documenting the number of requests that we receive for 4 feet fences. Councilmember Gauntt said she wasn't sure she had a problem with a 4 feet fence although it can limit visibility. However, she is not in favor of chain link. Councilmember O'Banion said that if a property owner wants to put a chain link fence right next to a property that already has that type of fence, then it makes sense. He said that it doesn't make sense to put a chain link fence next to a yard without a chain link fence. Councilmember Pearson said the Council needs to be careful when placing limitations on property owners. We should ensure that changes are in the overwhelming best interest of the greater part of the City. Council needs to consider the value to the City of any change before placing constraint on property owners in what can or cannot be done on his or her property. Upon a motion for approval of the amendment by Councilmember Kirkley and a second by Councilmember Sanderford, item 9 was disapproved upon a vote of 3-3. Councilmembers Sanderford, Pearson and Kirkley voted in favor. Mayor Grayson and Councilmembers O'Banion and Gauntt voted against. Belton City Council Meeting June 28, 2016 - Page 7 10. Hold a public hearing and consider an amendment to Section 502, Street Standards and Policy, of the Subdivision Ordinance, regarding the maximum cul-de-sac length and means of access into a subdivision. Director of Planning Erin Smith stated that the current Subdivision Ordinance establishes the maximum length of a cul-de-sac or dead-end street with a permanent turnaround of six hundred feet except under unusual conditions and with the approval of the Planning and Zoning Commission. Additionally, the 2009 International Fire Code requires a second means of access when subdivisions exceed 30 lots. She said that in recent subdivision plats, there have been multiple variances requested to the maximum cul-de-sac length requirement and the means of access for subdivisions exceeding 30 lots. Mrs. Smith said that due to the number of variances requested and approved, Staff began researching maximum cul-de-sac length and means of access requirements in area cities. Based on this research, she said that Staff recommends changing the maximum cul-de-sac length to 1,000 feet. If the cul-de-sac exceeds 1,000 feet, construction of an intermediate turnaround shall be required, similar to the City of Temple's requirements. Staff also recommends amending the City's Design Manual to include design criteria for cul-de-sacs. She added that Staff recommends changing the means of access requirements to (1) one entrance for 1-50 lots; (2) two entrances for 51-100 lots; and (3) three entrances for greater than 100 lots. Staff also recommends adding a means of access requirement to the Subdivision Ordinance so it may apply to Belton's ETJ. Mrs. Smith said that additionally there should be a provision to allow a temporary emergency access road in the Subdivision Ordinance and Design Manual. At their meeting on June 21, 2016, the Planning and Zoning Commission recommended approval of these amendments. The Mayor opened the public hearing. Seeing no one wishing to speak for or against the item, she closed the public hearing. Councilmember Sanderford asked what feedback had been received on this item. Mrs. Smith said that although the amendments had been sent to the Temple Area Builders Association, she received no comments. Upon a motion by Councilmember O'Banion and a second by Councilmember Pearson, item 10 was unanimously approved upon a vote of 6-0. 11. Hold a public hearing and consider an amendment to Section 517, Requirements for Parkland, of the Subdivision Ordinance, regarding required parkland. Belton City Council Meeting June 28, 2016 - Page 8 Director of Planning Erin Smith said that the current Subdivision Ordinance requires any residential subdivision within the City of Belton, or within the City's extraterritorial jurisdiction, to dedicate suitable parkland and/or make a financial contribution for the acquisition and development of such parkland. In some instances a developer will request to pay a fee-in-lieu of parkland dedication. The current parkland requirement states that the City only reserves the right to require the dedication of land for public park purposes when two or more acres of land would be required to satisfy the parkland dedication requirements . Staff recommends amending the current parkland requirements to provide Council with discretion in all circumstances when determining the need for satisfying application of the parkland requirement in new residential subdivisions. Mrs. Smith said that the following revisions to Section 517.01 Parkland Required , of the Subdivision Ordinance are recommended : B. All plats receiving subdivision approval shall conform to the requirements of this Section. To satisfy the provisions of this Ordinance, conformance with these requirements may be through Parkland dedication or payment of fees-in-lieu of required Parkland , or a combination of the two, at the exclusive discretion of the City Council. C. In the event the subdivider offers to dedicate land for a public park classification that is defined in the Comprehensive Plan and/or Parks and Recreation Master Plan which meets the design standards of these regulations, and that is two or more acres in size, the City shall accept the parkland dedication, unless Parkland needs have been previously satisfied in that area, if in the City's best interests. D. Where a subdivider proposes to pay an in-lieu-fee as provided for below, the Council may accept such payment as satisfying the parkland dedication requirements of this Code, except that the ~ Council reserves the exclusive right to require the dedication of land for public park purposes at its discretion ffi accordance with this Section 'Nhen t\vo or more acres of land would be required to satisfy the parkland dedication requirements of this Code. The Mayor opened the public hearing. Seeing no one wishing to speak for or against the item , she closed the public hearing. Upon a motion by Councilmember Pearson and a second by Councilmember Kirkley, item 11 was unanimously approved upon a vote of 6-0 . Miscellaneous 12. Consider a Resolution establishing a Growth Management Framework for the City of Belton . Belton City Council Meeting June 28, 2016 - Page 9 Director of Planning Erin Smith said that at a recent Texas Municipal League (TML) Annexation Conference, TML recommended that each city adopt an annexation policy prior to beginning any annexation proceedings. Adoption of an annexation policy is not a legal requirement, but Mrs. Smith explained that, from a policy perspective, it is important to have a clear growth management framework. Mrs. Smith stated that the City has the authority to annex areas within its ETJ that are contiguous with the existing city limits. As required by law, the City adopted an annexation policy in 1999 that states the City will not annex areas that contain more than 100 residentially developed tracts. She reviewed the Growth Management Strategies including: • Economic development; • Facilitate long range planning ; • Protect future development; and • Foster intergovernmental cooperation . She also reviewed the Growth Management Policy statements which will be used in evaluating areas for annexation . These are: • Evaluate areas for annexation based on existing/planned level of development; •Address service delivery needs; • Protect public health, safety, and welfare; • Facilitate intergovernmental regulations ; • Evaluate fiscal considerations ; and •Offer the opportunity for Non-Annexation Development Agreements. Mayor Grayson said that this is not something that we haven't already been doing. This just provides it in a formal policy so the public will be able to understand what is done. Upon a motion by Councilmember Kirkley and a second by Councilmember O'Banion , item 12 was approved upon a vote of 5-1 . Councilmember Gauntt provided the dissenting vote. 13. Second Reading and Public Hearing - Consider ordinances granting a one year extension with two additional one-year automatic extensions, unless rescinded by City, of a franchise to operate and maintain a non-emergency ambulance transfer service within the public streets and highways of the City of Belton: A. Acadian EMS B. Scott & White EMS C. Serenity EMS, LLC, dba Ameristat Ambulance Belton City Council Meeting June 28, 2016 - Page 10 Fire Chief Bruce Pritchard told the Council that there are currently four non- emergency ambulance services operating in our City with a franchise agreement. They are Skyline EMS, Acadian EMS, Scott & White EMS and Serenity EMS. To simplify the management of these franchises , Staff requested all agencies renew their franchise agreements at the same time. Additionally, we are proposing to extend the term of the agreements from one year, to one year with two automatic one-year extensions, unless the City rescinds the franchise. The Mayor opened the public hearing. Seeing no one wishing to speak for or against the item, she closed the public hearing. Upon a motion by Councilmember O'Banion and a second by Councilmember Kirkley, item 13 was unanimously approved upon a vote of 6-0. 14. Consider the following : A. An amendment to Ordinance No. 2013-02, regarding Institutional Control Measures, on portions of the former Rockwool Superfund Site, located east of IH 35 and FM 93 (6th Avenue), addressing changes in ownership. B. An amendment to Resolution No. 2013-13-R determining the necessity of transferring real property and authorizing its transfer to the Belton Economic Development Corporation (BEDC) for a public purpose, and authorizing the City Manager to take all steps necessary to accomplish the transfer of portions of the former Rockwool Superfund Site, located east of IH 35 and FM 93 (6th Avenue). City Manager Sam Listi stated that item 14A is an amendment to institutional controls that exist on the property, prior to the City's conveyance of the property to BEDC. He explained that item 148 is an amendment to the previously approved conveyance document, referencing the amended institutional controls from item 14A. Mr. Listi explained that the institutional controls are in place to preserve the integrity of the asphalt cap and other site protections that were established by EPA when they cleaned up the site at a cost of approximately $18M several years ago. EPA had responsibility for monitoring the site for five years, and then at the end of the five years, that responsibility shifted to TCEQ. He said that these amended controls are the result of a legal review by BEDC's attorney of the existing institutional controls. The principal objective of the amendment is to shift as much of that obligation to successive purchasers or developers of the property. The City will still be required to conduct an annual inspection of the property. Upon a motion by Councilmember Pearson to approve both items and a second by Councilmember Paul Sanderford, items 14A and 148 were unanimously approved upon a vote of 6-0. Belton City Council Meeting June 28, 2016 - Page 11 15. Consider an amendment to Ordinance No. 2013-26 regulating burglar alarms within the City of Belton. Assistant City Manager/Police Chief Gene Ellis said that the City of Belton passed an ordinance in 2013 to regulate burglar alarm systems. The ordinance has not been as effective as Staff had hoped, as false alarms have actually increased during the three years. He added that it took a year and a half to obtain all the contact information. Chief Ellis recommended an amendment to the ordinance to repeal the sections regarding the permitting process and to retain the provision that makes it a violation to knowingly operate a malfunctioning alarm system. He said that there are a small number of businesses who have excessive false alarms, most often caused by equipment malfunctions. Some choose not to repair their systems even after receiving notice of the issue. Staff is proposing that those with more than 10 false alarms in any single (calendar) quarter may be subject to being summoned into municipal court if they do not repair their alarm system within ten (10) business days after receiving written notice of the issue. He said that the goal is the reduction of excessive false alarms and not penalizing individuals or businesses for accidental or unintended alarm activation. Upon a motion by Councilmember Sanderford and a second by Councilmember Kirkley, item 15 was unanimously approved upon a vote of 6-0. Executive Session At 7:10 p.m., the Mayor announced the Council would go into Executive Session for the following item: 16. Executive Session pursuant to the provisions of the Texas Open Meetings Act, Chapter 551, Govt. Code, Vernon's Texas Codes Annotated, in accordance with the authority contained in Section 551.071, consultation with attorney. The Mayor reopened the meeting at 7:37 p.m., and there being no further business, the meeting was adjourned. ATTEST: A~~~i~