City Council

Belton City Council Meeting January 24, 2017 - 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, Mayor Pro Tern David K. Leigh and Councilmembers Craig Pearson, Jerri Gauntt, Guy O'Banion and Dan Kirkley. Councilmember Paul Sanderford was absent. Staff present included Sam Listi, Gene Ellis, John Messer, Amy Casey, Brandon Bozon, Erin Smith, Chris Brown, Kim Kroll, Paul Romer, Bruce Pritchard, Byron Sinclair, Judy Garrett, Matt Bates, Cynthia Hernandez, Larry Berg, Charlotte Walker and Aaron Harris. The Pledge of Allegiance to the U.S. Flag was led by Assistant City Manager/Chief of Police Gene Ellis, and the Pledge of Allegiance to the Texas Flag was led by Mayor Pro Tern David K. Leigh. The Invocation was given by Dr. Bill Carrell, Director of Church Studies at the University of Mary Hardin-Baylor. 1. Call to order. Mayor Grayson called the meeting to order at 5:31 p.m. 2. Public Comments. Dan Kirkley read a proclamation from Governor Greg Abbott regarding efforts made by groups in Bell County, and in the State of Texas, to eliminate trafficking and to help survivors of human trafficking. 3. Presentations and Recognitions: A. Recognition of former Bell County Commissioner Richard Cortese and presentation of "Patriot Way Brick" certificate. Former Bell County Commissioner Richard Cortese was recognized for his many years of service to Bell County. Mr. Cortese served as Bell County Commissioner Precinct 1 for 24 years. He also served our country in the United States Air Force for 4 years. Mayor Grayson and City Manager Sam Listi presented him with a certificate honoring his military service, and he will also be honored with a brick in his name that will be placed along Patriot Way in 2017. 4. Consider minutes of January 10, 2017, City Council Meeting. Upon a motion by Councilmember Dan Kirkley, and a second by Councilmember Guy O'Banion, the minutes were unanimously approved by a vote of 6-0. Planning and Zoning 5. Hold a public hearing and consider a zoning change from Central Business , District with a Specific Use Permit for taxidermy to Central Business District with a Specific Use Permit for alcoholic beverage sales with 75% or more revenue from alcohol at 208 North Penelope Street, located on the west side of North Penelope Street, south of East 2nd Avenue and north of East 1st Avenue. Belton City Council Meeting January 24, 2017 - Page 2 Mayor Grayson announced that she would be abstaining from item 5. She gave control of the meeting to Mayor Pro Tern Leigh. Director of Planning Erin Smith said that this property is located on the west side of North Penelope Street, between East 2nd Avenue and East 1st Avenue. The property is currently zoned for taxidermy, and if the zoning change request is approved, the taxidermy SUP zoning will go away. The applicant has submitted this zone change to allow for a proposed winery known as Blends Wine Bar. Smith added that a Specific Use Permit is required for alcoholic beverage sales with 75% or more revenue from alcohol. Blends Wine Bar will contain a retail space for wine bottle purchases in the front area of the lease space facing Penelope, and a second entrance is proposed on the southern fa9ade leading to the wine bar in the rear of the lease space. The applicant has indicated that food will not be served at this time. Mrs. Smith explained that according to the Zoning Ordinance, required parking in the Central Business District may be reduced by the Planning and Zoning Commission and City Council if it is determined that due to existing space constraints, the requirements of this Ordinance cannot be met. She said that the applicant would like to utilize some of the outdoor space on the south side of the building for an outdoor seating area under the existing canopy. At its meeting on January 17, 2017, the Planning and Zoning Commission unanimously recommended approval, and Staff concurs with their recommendation. Mayor Pro Tern Leigh opened the public hearing. Seeing no one wishing to speak for or against the item, he closed the public hearing. Councilmember Pearson asked Mrs. Smith to explain for the record why this business, with 75% alcohol sales, could not become a saloon or a bar. Mrs. Smith said that a local option election would have to be held in order to allow for a bar in Belton. This business is considered a winery, and therefore other types of alcohol are not allowed to be sold at this business. Director of Finance Brandon Bozon said that the permit this business will receive from TABC will be for a winery because bars are not allowed in Belton. Wineries are regulated by the Agriculture Code, so wine sales are permitted in Belton at a winery. Councilmember O'Banion stated that Council previously approved a Fa9ade Improvement Grant for this business. He asked why the zoning was not brought to Council before the FIG application. Mrs. Smith said that there is not a standard order, and the applicant requested to proceed this way. She added that if the zoning change is not approved, then the FIG most likely will be cancelled. Mayor Pro Tern Leigh provided a historical summary of local option elections and the sale of alcohol in Belton. Belton City Council Meeting January 24, 2017 - Page 3 Upon a motion by Councilmember O'Banion, and a second by Councilmember Craig Pearson, item 5, including the following captioned ordinance, was unanimously approved by a vote of 5-0-1 with Mayor Grayson abstaining. ORDINANCE NO. 2017-01 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF BELTON BY CHANGING THE DESCRIBED DISTRICT FROM CENTRAL BUSINESS DISTRICT WITH A SPECIFIC USE PERMIT FOR TAXIMDERMY TO CENTRAL BUSINESS DISTRICT WITH A SPECIFIC USE PERMIT FOR ALCOHOLIC BEVERAGE SALES WITH 75% OR MORE REVENUE FROM ALCOHOL ZONING DISTRICT ON A 0.19 ACRE TRACT, WITH DEVELOPMENT TO BE REGULATED UNDER TYPE AREA 8 DESIGN STANDARDS. Mayor Grayson took control of the meeting. 6. Consider a final plat for the Meadows subdivision, a 28.474 acre tract of land, located on the east side of FM 1670 and south of Amity Road, located partially in Belton's Extra Territorial Jurisdiction CETJ). Director of Planning Erin Smith said that this residential subdivision, containing 46 lots, is proposed as the Meadows subdivision. There are 24 proposed lots on the eastern side of this subdivision located in Belton's ETJ, and the remaining 22 lots on the western side of this subdivision are located in Bell County. She said that the applicant's engineer has indicated that each lot in this subdivision will contain a septic system and will be served by the Salado Water Supply system. Mrs. Smith said that there is an existing culvert along FM 1670 just south of this proposed subdivision that captures flow from the western drainage area and leads to an existing drainage channel on the adjacent property to the south. The developer is proposing to create drainage easements within this development and release the drainage onto the property to the south retention/detention pond. Mrs. Smith stated that staff from the City and Bell County has met with the applicant's engineer to discuss the need for a drainage easement and agreement with the southern property owner that states the southern property owner will be responsible for maintenance of the drainage channel and retention/detention pond in perpetuity. Smith said that the Subdivision Ordinance requires the developer to construct and install a 6 feet wide sidewalk, but the developer is requesting a variance to the sidewalk requirement since there are no sidewalks nearby for a potential future connection. Additionally, Smith explained that this portion of the subdivision is located in Bell County, not the City's ETJ, and Bell County is not requiring sidewalks. This subdivision will contain 24-lots in Belton's ETJ, so a dedication of 0.24 acres of parkland or a $4,800 fee-in-lieu of land dedication is required. Smith said that since the lots in this subdivision are 0.50 acres and larger, and one-half of this subdivision Belton City Council Meeting January 24, 2017 - Page 4 is located outside Belton's ETJ, Staff concurs with the developer's request for a variance. At its meeting on January 17, 2017, the Planning and Zoning Commission unanimously recommended approval with conditions, and Staff concurs with their recommendation. Councilmember Pearson asked if the City has signed documentation from the property owner to the south regarding the maintenance in perpetuity of the drainage channel. Mrs. Smith said that the agreement is being developed at this time, and Neale Potts will review the agreement for the City. Mr. Listi said that plat approval is conditioned upon receiving this agreement, and will not be recorded until received. Councilmember Gauntt said that the City is allowing subdivisions to be built without requiring sidewalks, although the subdivisions are being built in the ETJ or close to the city limits. She said that she preferred to maintain City standards and require sidewalks in all subdivisions. Mrs. Smith said that Bell County did not want sidewalks they would be responsible for maintaining in their portion of the subdivision. Mrs. Gauntt said she understood, but added that in the future the City should require developers to adhere to City standards. Mayor Grayson asked if the City was able to regulate the type of houses built in this subdivision. Mrs. Smith said that the only authority that the City has in the ETJ is the enforcement of the subdivision ordinance, the division of property. Upon a motion by Councilmember Kirkley, and a second by Councilmember O'Banion, item 6 was unanimously approved by a vote of 6-0. 7. Consider a resolution supporting Commerce Street Apartments, LLC's Tax Credit Application to the Texas Department of Housing and Community Affairs for a family housing development for low and moderate income persons. Mayor Grayson explained that the Council held a workshop on this item prior to the regular meeting, and added that the applicant had addressed most of the Council's questions. City Manager Sam Listi said that Homestead Development is submitting a Tax Credit Application to the Texas Department of Housing and Community Affairs that proposes a family housing development for low and moderate income persons. The application proposes a total of 64 units on 5 acres with a total investment estimated at $10 million. Homestead Development proposes to use Cambridge Interests as the management company at this development with an on-site property manager and on-site maintenance personnel. Listi added that the affordable housing tax credit program, administered by TDHCA, is extremely competitive. For consideration in this cycle, a community is required to pass a Resolution of Support, and a "nominal" financial commitment is Belton City Council Meeting January 24, 2017 - Page 5 recommended . Mr. Listi recommended a reduction in the building permit fee as Belton's local commitment to the project. The Resolution includes a proposed waiver for the first $5,000 in building permit fees. Mayor Grayson said that this is the fourth or fifth application for a tax credit project at this location. Staff did a thorough review of Homestead Development and received only positive information from references in other Texas communities. Councilmember Kirkley said that there is a huge need in Belton for this type of project, and he is looking forward to the success of Homestead Development's application to TDHCA. Upon a motion by Councilmember Kirkley, and a second by Mayor Pro Tern David K. Leigh , item 7, including the following captioned resolution , was unanimously approved by a vote of 6-0. RESOLUTION NO. 2017-04-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELTON, TEXAS, REGARDING COMMERCE STREET APARTMENTS AT COMMERCE STREET FOR SUPPORT AND LOCAL POLITICAL SUBDIVISION FUNDING. 8. Consider a resolution authorizing the City Manager to take all steps necessary to submit an application for grant funds through the Office of the Governor, Criminal Justice Division for the purchase of new P-25 compatible radios and upgrades to existing P-25 compatible radios for the Police Department. Assistant City Manager/Chief of Police Gene Ellis said that this application for $30,000 in grant funds is to purchase P-25 compliant radios and software upgrades for current PD radios through the Office of Governor, Criminal Justice Division. The Bell County Communications Center is in the process of upgrading the radio "backbone" to a P-25 compliant system. This will require all of the City's public safety radios to be upgraded. Most of the Belton PD radios are capable of being upgraded with new software; however, there are some radios that must be replaced. Chief Ellis added that this grant program does not require a City match. Upon a motion by Councilmember Jerri Gauntt, and a second by Councilmember Pearson, item 8, including the following captioned resolution , was unanimously approved upon a vote of 6-0. RESOLUTION 2017 -05-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELTON, TEXAS, AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE OFFICE OF THE GOVENOR CRIMINAL JUSTICE DIVISION AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND Belton City Council Meeting January 24, 2017 - Page 6 AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE GRANT PROGRAM. 9. Consider authorizing an interlocal agreement to participate in the regional Nolan Creek Flood Protection Study funded in part through the Texas Water Development Board (TWDB) and authorizing $12,578 from the Drainage Capital Projects Fund. Grants and Special Projects Coordinator Aaron Harris said that in May of 2016, Council supported CTCOG's application for a Flood Protection Planning Grant for the Nolan Creek Watershed. The grant application was successful, and Belton's cost share is $12,578 of the estimated $546,700 total project cost. Harris outlined the scope of services for the project. He explained that the regional partners in the study are Belton, Nolanville, Harker Heights, Killeen, Brazos River Authority and BCWCID#6. Upon a motion by Mayor Pro Tern Leigh, and a second by Councilmember Pearson, item 9 was unanimously approved upon a vote of 6-0. Miscellaneous 10. Consider approval of the FY 2016 Annual Report for Belton's Tax Increment Reinvestment Zone. Director of Finance Brandon Bozon said that the Belton Tax Increment Reinvestment Zone No. 1 (TIRZ) Bylaws state that the City Council must annually review any financial statements of the Zone. He reviewed the FY2016 Annual Report. FY 2016 highlights included: ./ The construction of sidewalks along North Main Street ./ The payment of a grant to rehabilitate the former HEB into Ace Hardware/Planet Fitness ./The replacement of Christmas wreaths in Downtown Belton ./ The completion of the Rockwool Property Redevelopment cost-share with BEDC ./ Fac;ade Grants awarded to Camden Enterprises, Cochran Blair and Potts, Liberty Church, and Cedon Realty ./ The completion of design plans for waterline relocation and sidewalk improve- ments along South Main Street ./ The construction of the Connell Street Drainage Improvements ./ The design for the City's Master Signage Plan ./ The design of the intersection improvements at Main and MLK Jr. ./ The design and beginning of construction of the improvements to the intersection at North Main and River Fair Belton City Council Meeting January 24, 2017 - Page 7 Projects on the horizon for FY 2017 include: ./ Sparta Road reconstruction and roundabout ./ Construction of South Main sidewalks and waterline ./ Completion of the improvements to the intersection at North Main and River Fair ./ Completion of the Library park ./ Master Signage Plan installation ./ Construction of the County parking lot downtown ./ Construction of the intersection improvements at Main and MLK Jr. Upon a motion by Councilmember Pearson, and a second by Mayor Pro Tern Leigh, item 10 was unanimously approved by a vote of 6-0. 11. Conduct annual review of City's Investment Policy and consider a resolution attesting to review and re-adoption thereof. Director of Finance Brandon Bozon explained that the Public Funds Investment Act (PFIA) requires the governing body of an investing entity to review its investment policy and investment strategies (contained in the policy) not less than annually. The governing body is also required to adopt the policy by rule, order or resolution, noting both the annual review and any changes to the policy. Bozon said that the only modification to the policy in 2016 was to reduce the required amount of continuing education hours from 10 every two years to 8 every two years. This change was made to align the City's policy with the State guidelines as revised by HB 870 in the 2015 legislative session. He added that no changes are recommended to the policy in 2017. Upon a motion by Mayor Pro Tern Leigh, and a second by Councilmember Pearson, item 11, including the following captioned resolution, was unanimously approved by a vote of 6-0. RESOLUTION NO. 2017-06-R A RESOLUTION ATTESTING TO CITY COUNCIL REVIEW OF THE INVESTMENT POLICY OF THE CITY OF BEL TON, TEXAS. 12. Conduct annual review of City's Debt Policy and consider a resolution attesting to review and re-adoption thereof. Director of Finance Brandon Bozon said the City's Debt Policy requires that the City Council conduct an annual review and make any alterations deemed necessary. Bozon stated that on February 17, 2015, the Council held a workshop to discuss the Debt Policy, and specifically the potential addition of quantifiable debt limits beyond the State Attorney General's limits on the debt service tax rate. Upon review of the analysis, Council opted not to formally alter the Debt Policy, but rather continue the Belton City Council Meeting January 24, 2017 - Page 8 practice of thoroughly reviewing the impact issuing debt will have on the City's ability to perform necessary services at the time of issuance, and over the life of proposed debt. Based on the February 17, 2015, discussions, no changes were proposed, and a resolution readopting the existing Debt Policy was approved on February 24, 2015. Mr. Bozon added that the City's Debt Policy served as an effective guide during the 2015 and 2016 CO issuances, and City Staff is recommending no changes to the policy this year. Upon a motion by Councilmember Pearson, and a second by Councilmember Kirkley, item 12, including the following captioned resolution, was unanimously approved by a vote of 6-0. RESOLUTION NO. 2017-07-R A RESOLUTION ATTESTING TO CITY COUNCIL REVIEW AND RE-ADOPTION OF THE DEBT POLICY OF THE CITY OF BELTON, TEXAS. 13. Consider authorizing the procurement of labor and materials to complete Phase 1 of the South Wall Sidewalk Project under the City's annual infrastructure contract with Dixon Paving. Director of Finance Brandon Bozon said that this is the last project in the 2013 CIP Projects bond issue. He explained that $100,000 was allocated in the 2013 bond issue to build sidewalks along South Wall Street. Phase 1 begins at FM 436 (Holland Road) and end at E. Avenue W which will connect FM 436 to the Tiger Splash Pad. Mr. Bozon said that Phase 2 will connect the sidewalks from E. Avenue W to the sidewalks currently being built by the developer of the Bella Rose subdivision, which will stretch from South Loop 121 to Bella Rose Drive. Mr. Bozon said that utilizing the City's Annual Infrastructure Contract with Dixon Paving, the cost for Phase 1 contractor services is estimated to be $79,386.70. Director of Public Works Byron Sinclair said that additional funds will be utilized by City crews for site work. Upon a motion by Councilmember Gauntt, and a second by Mayor Pro Tern Leigh, item 13 was unanimously approved by a vote of 6-0. Belton City Council Meeting January 24, 2017 - Page 9 There being no further business, Mayor Grayson adjourned the meeting at 6:18 p.m. ATIEST: