City Council

Belton City Council Meeting March 28, 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 Jerri Gauntt, Dan Kirkley and Guy O'Banion. Councilmembers Craig Pearson and Paul Sanderford were absent. Staff present included Sam Listi, Gene Ellis, John Messer, Amy Casey, Erin Smith, Chris Brown, Kim Kroll, Paul Romer, Bruce Pritchard, Angellia Points, Byron Sinclair, Judy Garrett, Matt Bates, Charlotte Walker and Aaron Harris. The Pledge of Allegiance to the U.S. Flag was led by Director of IT Chris Brown, and the Pledge of Allegiance to the Texas Flag was led by Councilmember Jerri Gauntt. The Invocation was given by Jared Burt, Pastor of Taylor's Valley Baptist Church. 1. Call to order. Mayor Grayson called the meeting to order at 5:30 p.m. 2. Public Comments. There were none. 3. Presentations and Recognitions: Director of Library Services Kim Kroll presented "1000 Books Before Kindergarten," a new program that is being launched at Belton's Lena Armstrong Public Library in partnership with Belton Early Childhood School. The program was developed to encourage parents to read to their children as early as newborn to give the children a love of reading . It will be launched at both the school and at the library. Miscellaneous 4. Consider minutes of March 14, 2017, City Council Meeting. Upon a motion by Councilmember Dan Kirkley, and a second by Councilmember Guy O'Banion, item 4 was unanimously approved by a vote of 5-0. 5. Consider a resolution naming the Baseball Complex located at Heritage Park, 100 Park Avenue, as the 'Jace Jefferson Baseball Complex,' as recommended by the Parks Board, upon a request from the Belton Youth Baseball Association. Director of Planning Erin Smith said that the Belton Youth Baseball Association (BYBA) provides recreational youth baseball to over 750 kids each Spring and Fall. She explained that the organization currently utilizes five fields at Heritage Park and Jaycee Field. All the fields are currently named; however, the complex itself is unnamed. She said that BYBA submitted a City Facility Naming Application to the Planning Department in February proposing to name the baseball complex at Heritage Park in honor of Jace Jefferson, a local youth who had recently passed from brain cancer. Belton City Council Meeting March 28, 2017 - Page 2 Director of Parks and Recreation Matt Bates said that the proposed naming was presented to the Parks Board at their meeting on March 6, 2017. BYBA commented on its application that "Jace's spirit, positive attitude, and caring nature had a lasting effect on many in the Belton community," and that the association wanted to honor him and his family with the naming. The Parks Board unanimously recommended approval of the request. Staff published the request on the City's website in accordance with the Street Renaming and Facility Naming Policy. Mr. Bates stated that he has received many emails, phone calls and voice mails in support of the request. Mr. Bates added that, if the request is approved by Council, BYBA plans to work with City Staff to design park signage in honor of Jace that will be located at each of the three entries to the complex. Mayor Pro Tern David K. Leigh said he is happy to approve the request, but it will be hard to continue finding facilities that are available for naming for similar requests in the future. Upon a motion by Mayor Pro Tern Leigh, and a second by Councilmember Kirkley, item 5 was unanimously approved by a vote of 5-0. Planning and Zoning 6. Hold a public hearing and consider a zoning change from Specific Use Permit-5 for City Yard to Neighborhood Service Zoning District on a 1.12 acre tract of land, located on the north side of West Avenue D and between Marshall Drive and Mitchell Street. Director of Planning Erin Smith said that this 1.12 acre property is a portion of the former City Public Works facility. The applicant has submitted this zone change to allow for an office or limited retail use. Mrs. Smith added that all new construction must comply with all of the Neighborhood Service Zoning regulations. Site development considerations will include parking to meet the neighborhood service use. Mrs. Smith said that at their meeting on March 21 , 2017, the Planning and Zoning Commission unanimously recommended approval , and Staff concurs with their recommendation. The Mayor opened the public hearing on this item. Seeing no one wishing to speak for or against the item, she closed the public hearing. Upon a motion by Mayor Pro Tern Leigh, and a second by Councilmember O'Banion, the following captioned ordinance was unanimously approved by a vote of 5-0. Belton City Council Meeting March 28, 2017 - Page 3 ORDINANCE NO. 2017-03 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF BELTON BY CHANGING THE DESCRIBED DISTRICT FROM SPECIFIC USE PERMIT-5 FOR CITY YARD TO NEIGHBORHOOD SERVICE ZONING DISTRICT ON A 1.12 ACRE TRACT, WITH DEVELOPMENT TO BE REGULATED UNDER TYPE AREA 8 DESIGN STANDARDS. 7. Hold a public hearing and consider a zoning change from Agricultural to Commercial-1 Zoning District for a proposed swimming pool and spa sales business on a 1.818 acre tract of land, located on the south side of US Highway 190/lnterstate 14, east of Dogridge Road and west of FM 1670. Director of Planning Erin Smith said that this 1.818 acre property currently contains an existing office building that was previously occupied by an insurance business. Currently, this property is zoned Agricultural and a zoning change to Commercial-1 is proposed to allow for a proposed swimming pool and spa sales business. She stated that the applicant is proposing to remodel the existing 2,336 square feet structure for the proposed business office and sales area. The applicant will be required to construct a minimum of 12 parking spaces for this use. Mrs. Smith said that at their meeting on March 21 , 2017, the Planning and Zoning Commission unanimously recommended approval, and Staff concurs with their recommendation. The Mayor opened the public hearing on this item. Seeing no one wishing to speak for or against the item, she closed the public hearing. Mayor Grayson asked if the business would be strictly sales, or if there would be inventory stored on-site as well. Mrs. Smith said that according to the applicant, there could be some inventory, but none would be stored outside. She added that she instructed the applicant that he would be required to return to the City Council for a Specific Use permit should he decide to have outside storage. Upon a motion by Councilmember O'Banion, and a second by Mayor Pro Tern Leigh, the following captioned ordinance was unanimously approved by a vote of 5- 0. ORDINANCE NO. 2017-04 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF BELTON BY CHANGING THE DESCRIBED DISTRICT FROM AG RIC ULTURAL TO COMMERCIAL-1 ZONING DISTRICT ON A 1.818 ACRE TRACT, WITH DEVELOPMENT TO BE REGULATED UNDER TYPE AREA 2 DESIGN STANDARDS. Belton City Council Meeting March 28, 2017 - Page 4 8. Hold a public hearing and consider a zoning change from Agricultural, Commercial-2, and Planned Development Retail to a Planned Development Retail Zoning District for proposed mini-storage on a 17.72 acre tract of land, located on the east side of FM 1670, north of Village Hill Road and south of Brenda Lane and US Highway 190/lnterstate 14. Director of Planning Erin Smith said that this 17.72 acre property currently contains an office building and three mini-storage warehouse buildings adjacent to FM 1670. The applicant is proposing this zone change to Planned Development Retail to allow for additional mini-storage warehouses and future commercial development on the remainder of this property fronting FM 1670. According to the Zoning Ordinance, a mini-storage warehouse requires four (4) spaces per complex plus (1) one additional space per five thousand (5,000) square feet of storage area. There are five parking spaces by the office, and the applicant is proposing to pave the internal private driveways with concrete. There is an existing 35 feet wide entrance to the mini-storage warehouses from FM 1670 constructed with concrete. Mrs. Smith said that because FM 1670 is a TxDOT roadway, TxDOT must approve any additional driveway locations prior to construction of the mini-storage warehouses. Mrs. Smith said that there is an existing wrought iron fence along FM 1670, and the applicant is proposing to extend this fence north along the property adjacent to the future mini-storage warehouse addition . There are existing single family homes directly south of the portion of this property that is proposed for future retail development. Screening will be required between this use and the existing single family homes in conjunction with a building permit. Smith explained that the applicant is proposing to construct the first row of mini- storage units with stone on the exterior fac;ade facing FM 1670. The applicant would like to construct the remaining three sides of the exterior on the first row of mini- storage units and all exterior sides on all other units with baked-on metal. She added that the applicant has submitted a landscape plan that identifies a mixture of live oak trees and shrubs between the new mini-storage warehouse buildings and FM 1670. Mrs. Smith said that at their meeting on March 21 , 2017, the Planning and Zoning Commission unanimously recommended approval, and Staff concurs with their recommendation . The Mayor opened the public hearing on this item. Seeing no one wishing to speak for or against the item, she closed the public hearing . Upon a motion by Mayor Pro Tern Leigh , and a second by Councilmember Kirkley, the following captioned ordinance was approved by a vote of 4-1 with Councilmember Gauntt providing the dissenting vote. Belton City Council Meeting March 28, 2017 - Page 5 ORDINANCE NO. 2017-05 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF BELTON BY CHANGING THE DESCRIBED DISTRICT FROM AGRICULTURAL, COMMERCIAL-2 AND PLANNED DEVELOPMENT RETAIL TO PLANNED DEVELOPMENT RETAIL ZONING DISTRICT ON A 17.72 ACRE TRACT, WITH DEVELOPMENT TO BE REGULATED UNDER TYPE AREA 4 DESIGN STANDARDS. 9. Consider a preliminary/final plat for Ill Creeks Storage Subdivision, a 23.57 acre tract of land, located on the east side of FM 1670, north of Village Hill Road and south of Brenda Lane and US Highway 190/lnterstate 14. Director of Planning Erin Smith said that this 23.57 acre tract of land is a 1-lot subdivision plat proposed as Ill Creeks Storage Subdivision. Lot 1 currently contains an office building and three mini-storage warehouse buildings, and the applicant is proposing to build an additional 337 mini-storage units. Mrs. Smith said that this property is located adjacent to FM 1670. According to the Sidewalk Standards and Policy, 6-foot sidewalks will be required where the property is adjacent to FM 1670, a portion that is approximately 1,000 feet in length. The applicant has submitted a letter variance request to the sidewalk requirements. Smith stated that this is a requirement in the Subdivision Ordinance, and Staff saw no basis for a sidewalk variance at this location. She added that sidewalk linkages are a plat obligation , and if they are not provided with this development, the cost will be shifted to the public in the future. The applicant has requested to address the City Council on this variance request. This property is in Dog Ridge Water Supply Corporation CCN and is served by this CCN with domestic service. Mrs. Smith said that the Subdivision Ordinance requires subdivisions in the City and the City's ETJ to construct a water distribution system with appropriate appurtenances for fire protection and to install fire hydrants that meet the City's fire flow requirements. She explained that for commercial and industrial development, the City requires a minimum of an 8-inch water main with 750 gallons per minute, but sized to provide adequate fire flows as determined by City Engineer and Fire Marshal. The minimum spacing of fire hydrants is required to be 300 feet. The applicant has stated that they have requested approval to connect into the Central Texas Water Supply (CTWS) waterline and will provide fire hydrants for this development in compliance with City code. Director of Public Works Byron Sinclair is a board member of the Central Texas Water Supply Corporation , and he informed the Council that this request has been approved by the CTWS Board. Mrs. Smith said that Staff has reviewed the preliminary/final plat and find it acceptable, subject to conditions contained in the letter to the applicant's engineer. She added that at their meeting on March 21 , 2017, the Planning and Zoning Belton City Council Meeting March 28, 2017 - Page 6 Commission recommended approval on a 6-1 vote, and Staff concurs with their recommendation. The applicant, Ron Carroll, presented issues with the proposed sidewalks, and the reasons for requesting the variance, including: • The proposed sidewalk will not connect to any other sidewalks in the adjoining areas in the next five years; • It is not likely or probable that the sidewalk will serve as a link between private and public facilities in adjoining areas; • Since the sidewalk will be on State right-of-way, there is a safety concern. FM 1670 is a 60-mph roadway which requires a 19-foot clear zone from the asphalt to the sidewalk. That puts the sidewalk halfway down the slope. TxDOT has stated that the sidewalk will have to go in near the power poles, and can only be at a 1-2% slope. Currently the area is at a 5-7% slope. Mr. Carroll added that there is water draining from the roadway onto the developer's property, and no retaining walls would be allowed that would prevent the water from sheet-flowing across the proposed sidewalk. Additionally, TxDOT requires a 7-foot clearance from the guy wires which will put the sidewalks in line with the power poles. Mr. Carroll said that the property is 1.6 miles from the Justice Complex and 1.6 miles from the Three Creeks Subdivision. The properties within Three Creeks Subdivision that front on FM 1670 will be required to have sidewalks when they develop, but they are not developed at this time. The subdivision to the south has a concrete lined drainage channel. The ditch is building up into a V-ditch which is causing a cross slope and would require several handrails to make a sidewalk work in the area. Carroll said that there is approximately 250 feet along FM 1670 that would be appropriate for a sidewalk, but the remainder would not be conducive to sidewalks at this time. Councilmember Kirkley asked if there is any sign of pedestrian traffic. Mr. Carroll said that he has seen only one person who was walking along Auction Barn Road, but he sees no evidence in the grass of pedestrian traffic along the developer's property. Mr. Kirkley asked Mr. Carroll for his professional opinion whether a sidewalk is needed in the area for the safety of children who might have a need to walk in the area. Mr. Carroll responded that he did not think there is a safety need as the subdivision to the south does not have sidewalks either. He has seen basketball goals on the streets in that subdivision , so there is evidence of children living there, but there is no evidence of pedestrian traffic along the developer's property. Mayor Grayson observed that Three Creeks would eventually have retail which will generate pedestrian traffic. She asked if the proposed development would have retail. Mr. Carroll replied that there is a future development section of the plat that could possibly include some retail or commercial, but it is unknown at this time. Belton City Council Meeting March 28, 2017 - Page 7 Mayor Pro Tern Leigh said that in the long term there will need to be a hike and bike trail in this area. He would like to see the City start a program similar to the tree fund where money is donated in lieu of planting trees, or in this case, in lieu of building sidewalks. Councilmember O'Banion said there are definitely challenges to putting in the sidewalks in the proposed development. He asked if there are any sidewalks anywhere in that area. Mrs. Smith said she thought the closest would be at Wheat Road . Mr. O'Banion said that he did not see a need for sidewalks in this area anytime soon. He would be supportive of a fee in lieu of building sidewalks if the cost can be determined. Councilmember Jerri Gauntt asked how far it is from the development to Chisholm Trail Elementary. Mr. Carroll replied that as the "crow flies," it is close to two miles, but it is across the road . She said that she used to get upset by the lack of sidewalks when she and her children tried to walk to the library. She said that the sidewalk issue is black and white to her, and the City should enforce the Sidewalk Ordinance that requires the sidewalks. She added that if the Council follows the ordinance, then one day the City will be able to connect all the sidewalks. Councilmember Kirkley said in relation to the future Lake-to-Lake Road, the City will need to put in some type of hike and bike trail. He added he does not see a need for the sidewalks in the near future . He said when the Lake-to-Lake Road is constructed the sidewalk will most likely be destroyed , and in the meantime, the sidewalk will be covered by mud and grass due to the slope and drainage issues. City Manager Sam Listi said this is a challenge to decide what to do, to apply the ordinance and then to decide who pays. He added that in the current environment, TxDOT may or may not include pedestrian facilities in the upgraded roadway. Staff understands that it is a struggle in applying this standard, and we don't want to put any undue burden on the developer. However, at this time, there is not an in- between provision like there is with the tree ordinance. He said that a program could be developed to determine how much will be required to be put into a fund and what restrictions there would be on spending the money. Mayor Grayson said that Staff is following the rules that were put in place by the City Council regarding sidewalks. Councilmember O'Banion said that the rules requiring sidewalks were given a lot of thought, but there is also a mechanism to request a variance to those rules. He added that most likely sidewalks will only be required on one side of this roadway, but he does not know which side that will be. It does not make sense to make the developer put in the sidewalk just because it is required by the ordinance, when the sidewalks may be put on the other side of the road when the area is further developed . He said that we should not require sidewalks in this development right now just because we can. Belton City Council Meeting March 28, 2017 - Page 8 Mr. Carroll said across the road to the north, the area is flatter, and it is the most likely place to put in a subdivision and a sidewalk. He said the developer would be more than happy to put money for sidewalks equivalent to the 250-foot stretch of the proposed development into a fund for sidewalks. Mayor Pro Tern Leigh made a motion to approve the preliminary/final plat as presented, with a condition for money to be put into escrow for 250 feet of sidewalk in lieu of constructing the sidewalk. The motion was seconded by Councilmember O'Banion who asked how the amount of money to escrow will be determined. Mr. Listi said that the developer will put together a cost estimate for construction exclusive of design that will be reviewed by Staff. Councilmember Gauntt asked where the money will go. Director of Finance Brandon Bozon asked for clarification as to timeline for use, or when the money might need to be refunded if the sidewalk is not constructed during that timeframe. Mayor Pro Tern Leigh said that the funds will be utilized wherever sidewalks are needed. Councilmember Kirkley asked that it be called a "fee" instead of "escrow." City Attorney John Messer said that the Council should approve the plat as presented and waive whatever portion of the sidewalk requirement that it desires to waive. The remaining portion should be put into a generic fund for sidewalks with no particular sidewalk designated to be constructed with the funds, and no timeline established for construction. Mayor Pro Tern Leigh clarified that any future development on this property, other than what is being presented at this meeting, will be required to be presented to the Council for future consideration regarding sidewalks. Councilmember O'Banion said that the City is waiving the requirement for sidewalks on the entire 1,080 feet of frontage and requiring the "fee in lieu" for the 250 feet of sidewalks associated with the proposed development. Mayor Pro Tern Leigh clarified his motion stating that he is recommending waiving the requirement for sidewalks in front of the existing development, requiring a fee in lieu of construction of sidewalks for 250 feet in front of the proposed new development, but the decision on whether to require sidewalks in any future new development on the other portions of the property will be decided at the time of development. Mrs. Smith explained that the developer is platting the entire property at this time, and he will not be required to come back to the Council in the future for further new development. Mr. Leigh said that we should not approve a final plat for a piece of property that is undeveloped. Mr. O'Banion suggested that the Council approve the plat as a preliminary plat and not a final plat leaving the variance on the table. Mr. Carroll said that the developer will be happy to put a note on the plat that says, "Future development is subject to the requirements of the Sidewalk Ordinance." Mr. Listi said that Staff could attach an exhibit to the plat if needed. Item 9 was approved by a vote of 4-1 with Councilmember Gauntt providing the dissenting vote. Belton City Council Meeting March 28, 2017 - Page 9 Mayor Grayson announced that she would be abstaining from item 10, and she gave control of the meeting to Mayor Pro Tern David K. Leigh. 10. Consider a preliminary plat for Hope Community Church Addition, a 10.698 acre tract of land, located on the north side of Loop 121 and west of Southwest Parkway. Director of Planning Erin Smith said that this is a 2-lot preliminary subdivision plat proposed as Hope Community Church Addition. This property is currently zoned Planned Development Office-2 Zoning District for a church with related offices, school, and employee headquarters. Lot 1 is proposed for a church, and Lot 2 is proposed for future retail development. This plat was originally submitted · as a preliminary/final plat, and Staff made comments with regard to utility extensions, drainage, sidewalk and road construction, and several other elements that are required in conjunction with the development and final platting of these lots. The applicant has indicated there is no development proposed at this time, since the lots have not yet been sold . This property is now proposed as a preliminary plat, and a final plat will be required for each lot prior to development. Mrs. Smith said that Loop 121 is an arterial roadway, so a 6-foot sidewalk will be required for the length of the property adjacent to Loop 121 at the time of final plat. There is an existing waterline adjacent to Loop 121 that is available to serve this development. There is an existing 8" sewer line in Liberty Park Drive, north of this subdivision and an 8" sewer line in Southwest Parkway west of this subdivision. The developer will be required to comply with the City's wastewater extension policy when each final plat is submitted . Liberty Park subdivision is located north of this property and contains Valley Forge Drive, a 31 ' wide street with 50' of ROW that extends south to the proposed Hope Community Church Addition northern property line. A 50' public access easement is proposed that extends from Valley Forge Drive to Loop 121. This public access will provide circulation to Loop 121 for both Lots 1 and 2 of the Hope Community Church Addition and for the residents in Liberty Park subdivision. Upon a motion by Councilmember O'Banion , and a second by Councilmember Kirkley, item #10 was unanimously approved by a vote of 4-0-1 with Mayor Grayson abstaining. Councilmember O'Banion asked that Staff and Council work on the ordinance in the near future to allow a fee in lieu of requiring sidewalks. Mayor Grayson resumed control of the meeting from Mayor Pro Tern Leigh. 11. Hold a public hearing and consider amendments to Section 103, Definitions and Section 302, Subdivision Procedures, of the Subdivision Ordinance. Belton City Council Meeting March 28, 2017 - Page 10 Director of Planning Erin Smith said that on February 21 , 2017, the Planning and Zoning Commission recommended revisions to the proposed amendments to the Subdivision Ordinance and tabled the item to the March meeting. Since the February 21 st P&ZC meeting, staff has addressed a majority of the changes recommended . At the request of the Belton Planning and Zoning Commission, Mrs. Smith met with the City of Temple Development Review Committee to participate in its subdivision plat review process. The City of Temple, similar to the City of Belton , has a plat application checklist that contains all of the items required for a submission. In many instances, these items will be submitted, but the plat is not administratively complete and ready for P&ZC consideration until staff comments have been addressed. When the plat is submitted for staff review, staff compiles comments that are sent to the applicant. The applicant then re-submits the plat to address staff comments, and once all staff comments have been addressed , the plat is considered administratively complete and can move forward for P&ZC consideration . City Staff recommends the following Subdivision Ordinance amendments: 1. Amend Section 302 of the Subdivision Ordinance to include both the P&ZC and City Council for plat approval. The process will not change with this amendment, however it will make the process clear for the applicants. 2. Amend Section 302 of the Subdivision Ordinance to ensure this deadline is clear to all applicants, such that it reads: a. Section 302.04 - B. Preliminary Plat Submission Upon an agreeable completion of the pre-application conference step, the developer shall prepare and submit the preliminary plat to the Planning Department by the 15th day of the month prior to the next month's public meetings at which such plat is to be considered . b. Section 302.05 - A. Final Plat Application After the preliminary plat has been approved by the Commission and any or all conditions are complied with , the developer's engineer or surveyor shall prepare and file with the Planning Department by the 15th day of the month prior to the next month's public meetings at which such plat is to be considered a final plat. 3. Amend Section 302 of the Subdivision Ordinance to state the following : a. Section 302.04 - C. Preliminary Plat Review The Planning and Zoning Commission must take final action on a preliminary plat within thirty (30) days of the application being determined administratively complete by the Development Review Belton City Council Meeting March 28, 2017 - Page 11 Committee. The City Council must take final action within thirty (30) days of the preliminary plat being approved by the Planning and Zoning Commission. A preliminary plat is approved unless it is denied within these specified time periods or unless such time is extended by agreement with the applicant in writing. b. Section 302.05 - C. Final Plat Approval The Planning and Zoning Commission must take final action on a final plat within thirty (30) days of the application being determined administratively complete by the Development Review Committee. The City Council must take final action within thirty (30) days of the final plat being approved by the Planning and Zoning Commission. Councilmember O'Banion said it seems that until the plat is administratively complete , the plat will not move forward to P&ZC and Council. Mrs. Smith said that she is sometimes forced to take plats forward conditioned on the comments in the letter to the applicant's engineer, but several significant items are not resolved. Mrs. Smith said that if the applicant is requesting variances, then those move forward to P&ZC and Council. Mr. O'Banion said he thought there was a time limit for approval. Mrs. Smith said that there are times when plats are pushed through and approved by Council , but it might take up to a year in some cases to resolve all of the Staff comments. O'Banion said as much as he hates receiving "messy" plats, this amendment seems to put a lot of power in the hands of Staff who might unnecessarily delay the plat approval process. Mr. Listi said the delay is due mainly to plats with substantive issues which it makes it difficult for Staff to recommend approval. Mr. O'Banion said that there are rare occasions when Staff is requesting the developer make certain changes, and Council overrides Staff's recommendation. City Attorney Messer said that Staff cannot do anything to override the State law, so if the developer has met all requirements of the State law, then Staff cannot delay the plat from moving forward. 4. Amend Section 103, Definitions, of the Subdivision Ordinance to state the following: 103.12 Development Review Committee: The City staff responsible for review of preliminary and final plats. 5. Amend Section 302 of the Subdivision Ordinance to state a preliminary plat is valid for a period of 36 months. This will allow sufficient time for the applicant to complete the final plat construction plans and staff review to ensure the final plat is administratively complete prior to P&ZC and Council action. Staff also recommends revising this section to state that each final plat phase will extend the term of the preliminary plat an additional year from the date the last final plat phase was approved. Mayor Pro Tern Leigh recommended a wording change to state that each final plat phase will extend the term of the preliminary plat an additional year from the date Belton City Council Meeting March 28, 2017 - Page 12 the last final plat phase was approved , or an additional year from the date the preliminary plat term was initially scheduled to expire, whichever is later. City Attorney Messer and Councilmember Gauntt expressed concern about a 36- month preliminary plat validity being too long. Mrs. Smith and Mr. Listi said that a longer preliminary plat validity encourages a developer to bring in an overall development plan that helps Staff determine what is needed for street sizes and park locations within the entire proposed development. Mrs. Gauntt said that the 36-month timeframe makes sense in that light. Mayor Grayson said that she is willing to give it a shot and change it later if it is determined to be an issue. 6. Amend Section 302 of the Subdivision Ordinance to state an approved final plat must be recorded within 120 days after final approval. Mayor Grayson asked why someone would want to wait longer than 120 days to record a plat. Mrs. Smith said possibly because a developer can maintain their agricultural tax exemption until the plat is recorded . City Attorney Messer said that the plat approval needs to state that the plat is valid so long as the plat is recorded within the timeframe required . 7. Amend Section 302.05 , Final Plat Approval , of the Subdivision Ordinance to change the number of final plat revised prints from 10 to a total of 5. This is consistent with current practice and the number of copies currently required for other submissions in the Subdivision Ordinance. Mrs. Smith said that at their meeting on March 21 , 2017, the Planning and Zoning Commission unanimously recommended approval, and Staff concurs with their recommendation. [Public hearing was not conducted; rescheduling for April 25, 2017.] Upon a motion by Mayor Pro Tern Leigh , and a second by Councilmember Kirkley, item 11 was approved by a vote of 3-2 with Councilmembers Gauntt and O'Banion voting against the amendments. Finance 12. Hold a public hearing to discuss the intent to issue General Obligation Refunding Bonds, Series 2017. Director of Finance Brandon Bozon said that the City of Belton is seeking to save tax and ratepayer dollars by refunding the callable balance on the Combination Tax & Limited Revenue C/O's, Series 2007. City Staff, guided by the City's financial advisors, propose to request bids from the local banking community on April 18, and close the refunding after May 3, 2017. Belton City Council Meeting March 28, 2017 - Page 13 Mr. Bozon said that on February 28, 2017, Council passed a resolution directing the publication of notice for a public hearing regarding the possible issuance. He said that notice of public hearing was published in the paper three times. Additionally he said that the ordinance to be approved in the next agenda item appoints the City Manager as the pricing agent for the bond sale with the Director of Finance as the backup . The Mayor opened the public hearing on this item. Seeing no one wishing to speak for or against the item, she closed the public hearing. No Council action was required on this item . 13. Consider an Ordinance authorizing the issuance of the City of Belton, Texas, General Obligation Refunding Bonds; Levying an Ad Valorem Tax in Support of the Bonds; Establishing Procedures for Selling and Delivery of the Bonds; and Authorizing Other Matters Relating to the Bonds. Upon a motion by Mayor Pro Tern Leigh , and a second by Councilmember Kirkley, the following captioned ordinance was unanimously approved by a vote of 5-0. ORDINANCE NO. 2017-06 ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY OF BELTON, TEXAS GENERAL OBLIGATION REFUNDING BONDS; LEVYING AN AD VALOREM TAX IN SUPPORT OF THE BONDS; ESTABLISHING PROCEDURES FOR SELLING AND DELIVERY OF THE BONDS; AND AUTHORIZING OTHER MATTERS RELATING TO THE BONDS 14. Presentation of the Comprehensive Annual Financial Report for Fiscal Year 2016. - Director of Finance Brandon Bozon introduced Kristy Davis of Jaynes, Reitmeier, Boyd & Therrell who presented the City's Comprehensive Annual Financial Report (CAFR) for Fiscal Year 2016. She outlined the types of information that are contained in the CAFR. She stated that the financial statements are the responsibility of management, but the audit of those financial statements is the responsibility of the Council who hires the audit firm to review those statements. The auditors conduct an audit of those financial statements in accordance with generally accepted auditing standards and express opinions on those financial statements based on the audit. Ms. Davis said that, in the firm 's opinion, as a result of their audit procedures, " ... the financial statements do present fairly, in all material respects, the financial position at September 30, 2016, and the changes in financial position and cash flows for the year then ended ... " The City received a clean audit report. Belton City Council Meeting March 28, 2017 - Page 14 Ms. Davis highlighted some financial information for the Council. She said that the City adopted a new accounting standard (GASB No 68) that was required for all state and local governments regarding the way the TMRS pension is recorded in the financial statements. From FY 2015 to FY2016, there was an increase in net pension liability because of two major factors : the volatility of the discount rate, and the fact that the evaluations are done on a calendar year basis. The net change in fund balance in the General Fund is approximately $278,000 which is attributed primarily to the sale of effluent water at the Temple-Belton Wastewater Treatment Plant which began in 2016. Additionally, expenditures were under budget for the year, and revenues were higher than budgeted . The General Fund fund balance was approximately $6.0M at September 30, 2016. In the proprietary funds, which include water, sewer, and drainage, the operating revenues were up due to higher consumption and the increase in water and sewer rates. Contributions and Transfers is significantly higher in FY2016 because there were several subdivision developers who contributed to water, sewer and drainage projects which became assets of the City. Change in net position of the proprietary funds is approximately $8.5M. A single audit was performed on the gth Avenue Bridge and the Chisholm Trail Hike and Bike Trail projects, and there were no non-compliance findings to be reported. Additionally, in a review of internal controls there were no material weaknesses or significant deficiencies reported . There was no action required by the Council on this item. Work Session 15. Receive a presentation and discuss the City's participation in the Texas Municipal Retirement System. This item was recommended to be postponed to another meeting due to the late hour. There being no further business, Mayor Grayson adjourned the meeting at 7:42 p.m. ~ -- Marion Grayson, Mayor ATTEST: A!Jmr~:~