City Council

Belton City Council Meeting May 9, 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 and Councilmembers Craig Pearson , Paul Sanderford, Dan Kirkley and Jerri Gauntt. Mayor Pro Tern David K. Leigh and Councilmember Guy O'Banion were absent. Councilmember-Elect John Holmes was also present. Staff present included Sam Listi, John Messer, Gene Ellis, Amy Casey, Brandon Bozon, Erin Smith, Bruce Pritchard, Chris Brown, Aaron Harris, Angellia Points, Matt Bates and Kim Kroll. The Pledge of Allegiance to the U.S. Flag was led by Director of Library Services Kim Kroll , the Pledge of Allegiance to the Texas Flag was led by Councilmember Jerri Gauntt, and the Invocation was given by Rebecca Fox Nuelle, Pastor of First Presbyterian Church. 1. Call to order. Mayor Marion Grayson called the meeting to order at 5:31 p.m. 2. Presentation of Council pav for 2016-2017. City Clerk Amy Casey provided the Council with their annual pay of $1.00 each in tissue boxes labeled "don't blow it all in one place." 3. Recognition of outgoing Councilmember Jerri Gauntt. Mayor Grayson read a proclamation honoring outgoing Councilmember Jerri Gauntt, and presented her with a token of the City's appreciation for her service to the citizens of Belton from May 2013 to May 2017. Mrs. Gauntt said that she has learned several things during her time on the Council , but the main thing she learned is that you can disagree with a person's opinion but still like the person. She said the Council has a lot respect for each other, even if they do not always agree. She added that she is going to take all the money she's earned as a Councilmember, and go blow it all in one place ... Frosty Cone! 4. Administer the Oath of Office to newly elected Councilmembers. The City Attorney administered the Oath of Office to Councilmembers Craig Pearson , Dan Kirkley and John Holmes. Councilmember David K. Leigh will take his Oath of Office at a later date. 5. Selection of Mayor Pro Tern. The Mayor explained that the current Mayor Pro Tern, David K. Leigh, desires to step down from that role due to his work schedule. Councilmember Paul Sanderford made a motion to appoint Craig Pearson as Mayor Pro Tern. The motion was seconded by Councilmember Dan Kirkley and was unanimously approved upon a vote of 5-0. Belton City Council Meeting May 9, 2017 - Page 2 6. Public Comments. Fire Chief Bruce Pritchard thanked ACM/Police Chief Gene Ellis and the Belton Police Department for their response to an incident at Fire Station No. 2. 7. Recognition of Fire Department personnel for life saving rescue on April 11, 2017. Fire Chief Bruce Pritchard recognized Assistant Chief Wesley Gilbreath, Firefighters Danny Raines, Jeff Hunt, and Shane Drake for a swift water rescue in Temple during the flooding on April 11 , 2017. Temple Fire and Rescue called for mutual aid from Belton Fire Department's Swift Water Rescue Team to accomplish this rescue. Temple Fire Chief Mitch Randles thanked the City of Belton for the mutual aid provided . Fire Chief Pritchard also recognized Firefighters Jared Briggs, Jeff Hunt, Adam Peiser, Lieutenant Clayton King , and Fire Marshal Jeff Booker for a CPR save on April 25, 2017. The patient and her son, who started the early chest compressions · that likely saved her life, were also recognized . Regular Agenda 8. Consider the minutes of the April 25, 2017, City Council Meeting. Upon a motion by Mayor Pro Tern Craig Pearson and a second by Councilmember John Holmes, the minutes were unanimously approved upon a vote of 5-0. 9. Consider an ordinance amending the boundary of Tax Increment Reinvestment Zone #1 established by Ordinance 2004-64. City Manager Sam Listi said that Tax Increment Reinvestment Zone (TIRZ) Number One was created in 2004. An amendment to the boundary of the TIRZ has been proposed which would add publicly owned , non-taxable property along a portion of IH-35. Listi explained that this amendment is proposed to facilitate a Transportation Alternatives Program grant application which would extend the City's Hike/Bike Trail to South Belton and greatly enhance connectivity. Mr. Listi said that the proposed boundary amendment was presented to the TIRZ Board on March 27, 2017, and it was recommended unanimously. He added that the grant application deadline is May 22, 2017, and the local grant match, proposed to be funded by the TIRZ, is $333 ,801. Upon a motion by Councilmember Paul Sanderford and a second by Councilmember Dan Kirkley, the following captioned ordinance was unanimously approved upon a vote of 5-0. Belton City Council Meeting May 9, 2017 - Page 3 ORDINANCE NO. 2017-11 AN ORDINANCE AMENDING THE BOUNDARY OF TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF BELTON, TEXAS, AND OTHER MATTERS RELATED THERETO. 10. Consider a resolution authorizing the City Manager to take all steps necessary to support the submission of an application to the Texas Department of Transportation's 2017 Transportation Alternatives Set-Aside Program (TAP) for the South Belton Hike & Bike Trail Project, and committing to the project's development, implementation, construction, maintenance, management, and financing. City Manager Sam Listi said that this resolution authorizes the City of Belton to submit an application to the Texas Department of Transportation (TxDOT) Transportation Alternatives Set-Aside Program (TAP) for the South Belton Hike & Bike Trail. This project would be an extension of the Nolan Creek Hike and Bike Trail, providing continuity and connectivity from FM 436 at Wall Street to the Nolan Creek trailhead located in Confederate Park. Listi reminded the Council that Hike/Bike Trails remain the top priority in the recently adopted 2016-2026 Parks and Recreation Strategic Master Plan. Mr. Listi reviewed several previous hike and bike facilities that have been constructed through this grant program. Listi explained that Belton's application appears to be competitive because it meets several key elements of the grant including accessibility, regional connectivity, Safe Route to School component, previous trail and hike/bike linkages, park linkages, and community facility linkages. Additionally, Belton's previous projects through this program have received positive reviews from TxDOT. Mr. Listi added that the City must commit to match 20% of project costs and 20% of TxDOT administrative fees. The City match is estimated to be $333,801 which is proposed to be funded by TIRZ. Formal TIRZ.Board action to allocate the funds will take place this summer. Mayor Marion Grayson stated that she likes that the project will add connectivity between South Belton and North Belton which have been separated by IH-35 for many years. Councilmember John Holmes asked when the City could expect a decision from TxDOT. Mr. Listi said that it is typically November when TxDOT releases their award notices. Upon a motion by Councilmember John Holmes and a second by Mayor Pro Tern Craig Pearson, the following captioned resolution was unanimously approved upon a vote of 5-0. Belton City Council Meeting May 9, 2017 - Page 4 RESOLUTION NO. 2017-19-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELTON, TEXAS, TO CERTIFY FUNDING AND SUPPORT FOR THE 2017 STATEWIDE TEXAS DEPARTMENT OF TRANSPORTATION, TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM, FOR THE APPLICATION TO RECEIVE FUNDING TO CONSTRUCT THE SOUTH BELTON HIKE AND BIKE TRAIL. 11. Consider award of bid and authorizing the City Manager to execute a contract for the annual construction materials for infrastructure projects, and any change orders associated with the contract, not to exceed the amount authorized under state law. Director of Public Works Angellia Points explained that the City annually awards a contract for construction-related materials for projects. These materials include sidewalk construction, curb and gutter, asphalt, pipe bedding and road base. These materials are used in a variety of projects that are constructed by City crews. Mrs. Points said that a bid was developed with estimated quantities that may be needed throughout the year. The City will order materials on an as-needed basis, and is not obligated to use the full quantities shown in the bid document. Four bid categories were provided, and bidders were given the opportunity to bid on one or more bid packages. The bids by category are: Bidder Bid A Bid B Bid C Bid D Concrete Asphalt Pipe Bedding Road Base Old Castle- No bid $240,060 No bid No bid Wheeler Austin No bid $260,750 $18,100 $270 ,000 Materials Dixon $301 ,975 No bid $14,400 $240,000 Paving Lonestar $564,800 No bid $13,874 $238,800 Grading & Materials Mrs. Points said that pricing is typically equal to or less than last year's price, with a few exceptions: concrete radius work has increased 2. 7% from last year, pipe bedding increased 0.9% over last year's price and crushed limestone base increased 1. 7% over last year's price. Points added that the prices are good for one year. Belton City Council Meeting May 9, 2017 - Page 5 Councilmember Holmes asked why there was such a large variance in the concrete bids, and he wondered if they were both bidding on the same thing. Mrs. Points said that both companies were bidding on the same thing. She epxlained that Dixon Paving has had the concrete work contract the last few years, so she is confident that they know what is expected of them. She said that Lonestar picked up the bid at the last minute. Upon a motion by Mayor Pro Tern Craig Pearson and a second by Councilmember Dan Kirkley, item 11 was unanimously approved upon a vote of 5-0. Planning and Zoning Mayor Pro Tern Craig Pearson announced that he would abstain from this item, and he left the room. 12. Hold a public hearing and consider a zoning change from Commercial Highway to Planned Development Commercial Highway Zoning District for a recreational vehicle park on a 12 acre tract of land at 5353 South Interstate Highway 35 Service Road, located on the east side of South Interstate Highway 35, extending to Toll Bridge Road and approximately 0.45 mile south of Shanklin Road. Director of Planning Erin Smith said that this 12 acre property is currently zoned Commercial Highway, and a zoning change to Planned Development Commercial Highway is proposed to allow a recreational vehicle (RV) park called Heart of Texas RV Resort. Smith stated that an RV park is defined in the Zoning Ordinance; however, it is not listed as a permitted use in any of the zoning districts. She added that it is staff's judgment that a Commercial Highway Zoning District is an appropriate base zoning for this use and this location . The RV park is proposed to contain a total of 100 RV sites that will all be constructed with concrete. The applicant is proposing to construct 94 pull-through and 6 back-in RV sites that will be 30 feet in width and 65 feet in length with sufficient space for RV parking , vehicle parking , landscaping , and outdoor space for the guests. Smith said that the applicant also proposes a great lodge which will include a store, offices, bathrooms, and a laundry area. There will be several parking spaces constructed adjacent to the great lodge. The applicant is proposing to provide a playground , horseshoe and bounce ball area, dog park, grilling area with a gazebo, and a pool and hot tub for the RV park guests. The applicant would also like to provide a fountain at the entrance. Mrs. Smith explained that according to Chapter 19, Recreation Vehicle Parks, of the Code of Ordinances, an RV shall not exceed 8 feet in width and 32 feet in length. RVs are now made 45 feet in length, so Staff recommends the maximum length of the RVs not exceed 45 feet in length in conjunction with this change in vehicle size. The Code of Ordinances also states that each recreational vehicle park shall provide a minimum of one acre of park area, and the applicant is exceeding this Belton City Council Meeting May 9, 2017 - Page 6 requirement. This section of the Code of Ordinances states that each recreational vehicle park shall not exceed an overall density of 20 recreational vehicle sites per acre. There are a total of 100 RV sites on 12 acres; therefore, this proposal complies with that requirement. Smith said this zoning change request was recommended for approval by the Planning and Zoning Commission (P&ZC) on December 20, 2016. After the P&ZC meeting, staff met with the applicant to discuss development related infrastructure requirements. Staff requested the applicant evaluate the required infrastructure improvements (water line extension , sewer line extension, and perimeter street improvements) required with the anticipated plat prior to the City Council meeting. The item was tabled by City Council indefinitely for the applicant to develop estimates for related infrastructure costs, for the staff to evaluate them, and to allow the applicant time to determine how they will address these associated plat items. Mrs. Smith sent the applicant a letter on March 16th outlining the infrastructure requirements and estimated costs for a water line extension, sewer line extension, and perimeter street improvements for Toll Bridge Road. There is a 14" water line that stubs out onto this property. The City's sewer line extension project is proposed to extend approximately 1,000 linear feet away from the northern property line. According to the City's water and wastewater extension policy, the developer is required to extend the utilities to and through their property. City staff recommended the developer extend both an 8" water line and 8" sewer line to serve this proposed development. This property is directly adjacent to both IH-35 and Toll Bridge Road. According to the Subdivision Ordinance, the developer is required to contribute one half the total cost of paving and installing curb and gutter for the portion of Toll Bridge Road adjacent to this property. On April 12th, staff received a letter from the applicant in response to the infrastructure requirements outlined in the letter sent by Mrs. Smith. The applicant agreed to extend the water line in accordance with City policy, but has requested a variance to the perimeter street improvement requirements and extension of the sewer line to serve this property. The applicant is proposing to install a septic tank to serve the RV park until a sewer line is constructed in the future. Smith said the City is making an investment in excess of $6M to extend sewer along IH-35, and the proposal to serve this development with a septic tank does not appear to be in the public interest. She said that according to Section 23-38, Extension of Utility Mains, of the Code of Ordinances, if the development is not served by existing utilities, it shall be the responsibility of the developer to construct the offsite extensions as well as onsite. The perimeter street improvements to Toll Bridge Road are also necessary to develop this property adequately and provide circulation for this development without causing a burden on adjacent properties. Based on these existing City policies, Staff cannot recommend approval of a subdivision plat of this property that eliminates the Toll Bridge Road property frontage from the plat, in order to avoid the perimeter street improvement requirement. Belton City Council Meeting May 9, 2017 - Page 7 Both water and sewer utility extensions and perimeter street improvements are necessary to develop this property properly. Mrs. Smith said the applicant's request to forego these important development related items appears to make this requested zone change unreasonable. Therefore, staff recommends disapproval of the zoning change. Councilmember Paul Sanderford asked why staff is recommending disapproval of the zoning change. Mrs. Smith said the recommendation for disapproval is due to the developer's request for variances to the sewer line extension and perimeter street improvement requirements. Mr. Sanderford asked when the sewer line will be constructed to serve the area. Director of Public Works Angellia Points responded that it will likely be constructed by the Fall of 2018. She added that it will not be extended to the property but will end 1,000 feet north of the northern property line. Mr. Sanderford asked, "When utilities are extended across private property, is the developer required to obtain easements?" Mrs. Smith said that the utilities may be placed in the City's right-of-way along Toll Bridge Road. He asked if staff has estimated the cost. Mrs. Smith said that the costs were included in the City's letter to the applicant, and the total of $558,713 includes all the improvements required by the subdivision ordinance. Sanderford commented that the cost is enough to "kill any development." Councilmember Holmes asked if the RV Park would include long-term residents. Mrs. Smith said that the current ordinance allows for up to 90 days, but she acknowledged that it is difficult to manage. He asked who enforces that requirement. She said that she wasn't sure that the City has an effective way to enforce it at this time. He said he worried about an RV Park long-term if there are permanent residents. Mayor Grayson opened the public hearing on this item. Mr. and Mrs. Jerry Fisher, 16 Verbena Drive, Morgan's Point, Texas, said they are the applicants for this zoning change. Mr. Fisher said that they are investing over $3M in this RV Park. He added he and his wife have been in this business for 15 years. He said that they are marketing to the higher end RV crowd , and are not interested in people who want to live at the RV Park long-term. Mr. Fisher said that there are people who will come for the winter and spend their money in Belton, and he thinks that the City should let them stay for that period of time. He added that it is the applicants' intent to own this park for the rest of their lives and be "hands-on" in the management of it. Mr. Fisher said that he is asking for a variance for the sewer because it is not feasible to add that cost to the $3M he is already investing. He proposes to not use Toll Bridge Road and put up a nice fence between it and the RV park. He said that he will create an entrance on the north and the south of the park to allow access. He added that as soon as the sewer comes in front of the park, he will gladly hook up to it. He stated that he will extend the water line to and through his property. Belton City Council Meeting May 9, 2017 - Page 8 Mr. Jerry Herrick from Salado is the owner of the 12 acres the Fishers desire to purchase to develop the RV Park. He said that he believes the RV Park will be a very nice one that Belton will be proud of. He added that it will be an immediate increase to the tax base. He said the park will bring in a lot of travelers who will spend their money in Belton. Seeing no one else wishing to speak, the Mayor closed the public hearing. Councilmember Holmes asked if the pads are adjusted to 45 feet, will there still be 100 sites. Mrs. Smith said that it is just an adjustment to the RV size; the pad size will remain the same. Councilmember Sanderford said that the IH-35 corridor has been studied for a number of years, and he understands both sides of the issues. He added that he would be in favor of the zoning change with the variance just to get something going in that corridor. Mayor Grayson said that she has spoken individually with the Fishers and Mr. Herrick, and they are aware of her position on this item. She said she is not sure that Belton is ready for monitoring of RV Parks. She said that she would love to have travelers stay in Belton, but she is not certain that she wants an RV Park on that piece of property. She said that, although the Fishers have said that they do not intend to sell the property, things change. She added that she wishes the City was further along in the development of ordinances to regulate RV parks. She also stated that she is not able to judge if this is the highest and best use of this land, but she does believe that City should enforce the extension of the water and sewer lines regardless. City Attorney John Messer reminded the Council that this item was strictly related to the zoning change. The variances that are requested will be considered when the plat comes forward for approval. The Council should only consider things such as use of the land, existing transportation and density, but economics should not come into play on a zoning matter. Councilmember Holmes asked what the ideal zoning would be for the property. City Manager Listi responded that the existing Commercial Highway zoning is probably correct. Holmes asked if there was a desire for residential in that area. Mr. Listi said that the land has been identified for commercial use. Mr. Listi said that fundamentally this is a land use decision for the Council. He said that with the design of the sewer line that will be built in the area, this property is intended to be served by gravity sewer. He said, "Inhere is to be sewer in this area, then someone has to pay." The City is spending $6M on the sewer line. He added that if "leap-frog development" occurs in the area, and sewer bypasses this property, then someone else will have to pay if there is going to be urban development in the area. Belton City Council Meeting May 9, 2017 - Page 9 Mayor Grayson said the applicant has stated that he will not use Tall Bridge Road and will only have entrances served by IH-35. Mrs. Smith replied that change will not alleviate the requirement for the perimeter street improvements along Toll Road Bridge. Councilmember Sanderford said that he does not want to stifle development. The Mayor stated that if the applicant is unwilling or unable to comply with the requirements for water, sewer and perimeter street improvements, then there is no need to change the zoning. The applicant said he could not wait on the sewer line serving the area to be constructed. He said that he could put in septic now which would start revenue for the City, but he cannot spend $500K to serve a $3M development. Mayor Grayson said perhaps a development agreement could be drawn up stating that the applicant can utilize a septic system now, but at the time the sewer line crosses the property, the applicant would be required to connect to it. Councilmember Holmes asked if septic is acceptable by the City. The applicant responded that he had spoken with Bell County and learned that septic is possible, but it would most likely require two tanks. City Manager Listi said that "technically acceptable" and "desirable" are two different things. The Mayor commented that there are septic tanks in areas surrounding the lake. Director of Finance Brandon Bozon asked if the development agreement would state the City would pay for the sewer line across this property. Mayor Grayson said no. She explained that when the sewer line is extended by the adjoining property owner to the northern edge of this property, the Fishers would be required to extend the sewer line across their property and tap in. Mr. Listi expressed concern about the trigger to require it, since they will have the septic system already in place. Mr. Messer again reminded the Council that the only matter at this meeting to be considered is the zoning change. He said that the applicant will be required to meet all the requirements of the City's ordinances until the Council says they do not have to comply, as reflected in the Ordinance. Councilmember Dan Kirkley made a motion for disapproval of the zoning change. The motion died for lack of a second . Councilmember Dan Kirkley made a motion for approval which was seconded by Councilmember Paul Sanderford. The following captioned ordinance was approved upon a vote of 3-1-1 with Mayor Grayson providing the dissenting vote and Mayor Pro Tern Pearson abstaining. Work Session 13. Receive a presentation and discuss Roundabout Design Concepts. Belton City Council Meeting May 9, 2017 - Page 10 Director of Public Works Angellia Points reviewed the status of the Sparta Road expansion project with the Council. She explained how the temporary detour road being constructed at the intersection of Commerce Drive and Sparta Road would allow for more efficient and cost effective construction of the roundabout. Mayor Grayson said that she has had citizens ask her why the City is closing the road now as opposed to waiting until school is out for the summer. Mrs. Points explained how, by starting the project now, the majority of the construction will be complete before school starts up again. If the project is delayed until school is out, then there would be a longer interruption during school next Fall. Mrs. Points said that the Council has previously been presented with the idea of a focal point in the roundabout which will be located at Commerce Drive and Sparta Road. Council authorized an amendment to the contract with KPA Engineers to include concepts developed by Studio 16: 19 for the roundabout design. Staff has narrowed the concepts to two for the Council to consider. Mrs. Points added that no funding has been identified for the construction of the focal point, and each would cost around $150,000. Brent Baker and Jonathan Wagner presented the two alternatives for the roundabout. The two alternatives are shown in Exhibit "A". The first alternative is based upon the Maltese Cross, the long term symbol of the Fire Department. The second alternative is based upon the Nolan Creek and Chisholm Trail that are important in Belton's history. Mrs. Points said that this could possibly be a Leadership Belton project. The Mayor said she thought that was a great idea. Mayor Pro Tern Pearson said that if it the City can find funding, it might be beneficial to go ahead and plant the trees along the perimeter. Drivers might slow down realizing the trees signify that they are entering something different. Although no action was required of the Council, a consensus said that they preferred the Fire Department alternative. The Council and Staff thanked Brent Baker and his team for the designs they created. Mr. Listi said that Mack Parker, KPA Engineers, has maps to provide the Council that show the detour that is required with the construction of the Sparta Road project. Mr. Parker passed out the maps and explained to the Council how they should address citizens who question what is going on with the construction on the multi-phased Sparta Road project. The Council appreciated the overview from Mr. Parker. Belton City Council Meeting May 9, 2017 - Page 11 There being no further business, the Mayor adjourned the meeting at 7:28 p.m. ATIEST: Affla~-c~  ALTERNATE 1 EXHIBIT "A" PLAN LAYOUT DOUBLE - LEVEL ELEVATION DESIGN CONCEPT Sparta Road Round-A-Bout 04 .10.2017 Concept A - Fire Maltese "Honor Those That Serve"  ALTERNATE 1 GRANITE GRAVEL LIMESTONE WALLS LIGHTING & SIGNAGE NATIVE PLANTINGS STORYBOARD & FLAG Sparta Road Round-A-Bout (Plan) 04.10.2017 Concept A- Fire Maltese "Honor Those That Serve"  ALTERNATE 1 Sparta Road Round-A-Bout (View A) 04.10.2017 Concept A - Fire Maltese "Honor Those That Serve"  ALTERNATE 1 Sparta Road Round-A-Bout (View B) 04 .10.2017 Concept A - Fire Maltese "Honor Those That Serve"  ALTERNATE 1 Sparta Road Round-A-Bout (View C) 04.10.2017 Concept A - Fire Maltese "Honor Those That Serve"  ALTERNATE 1 Sparta Road Round-A-Bout (View D) 04.10.2017 Concept A - Fire Maltese "Honor Those That Serve"  ALTERNATE2 PLAN LAYOUT ELEVATION CHANGE DESIGN CONCEPT BELTON I ~ Sparta Road Round-A-Bout 04.10.2017 studio lo-._;, ~- Concept B - "Chisholm Trail @ Nolan Creek"  ALTERNATE2 CORTEN ART & SIGNAG E LIMESTONE WALLS NATIVE PLANTINGS S TORYBOARD & FLAG Sparta Road Round-A-Bout (Plan) 04.10.2017 studio lb~- Concept B - "Chisholm Trail @ Nolan Creek" '-.:..  ALTERNATE2 Sparta Road Round-A-Bout (View A) 04.10.2017 Concept B - "Chisholm Trail @ Nolan Creek"  ALTERNATE2 Sparta Road Round-A-Bout (View B) 04.10.2017 Concept B - "Chisholm Trail @Nolan Creek"  ALTERNATE2 Sparta Road Round-A-Bout (View C) 04.10.2017 studio lo~- ~ Concept B - "Chisholm Trail @ Nolan Creek"  ALTERNATE2 Sparta Road Round-A-Bout (View D) 04.10.2017 Concept B - "Chisholm Trail @ Nolan Creek"