City Council

Belton City Council Meeting November 14, 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 Craig Pearson and Councilmembers Guy O'Banion, Paul Sanderford, Dan Kirkley and John R. Holmes, Sr. Councilmember David K. Leigh was absent. Staff present included Sam Listi, John Messer, Gene Ellis, Amy Casey, Brandon Bozon , Erin Smith, Chris Brown, Matt Bates, Paul Romer, Bob van Til, Susan Allamon, Charlotte Walker, Jeremy Allamon, Kim Kroll, Angellia Points, Bruce Pritchard, Kelly Trietsche and Judy Garrett. The Pledge of Allegiance to the U.S. Flag and the Pledge of Allegiance to the Texas Flag was led by the Fire Department Honor Guard, and the Invocation was given by Dr. Shawn Shannon, Director of Baptist Student Ministries at the University of Mary Hardin- Baylor. 1. Call to order. Mayor Marion Grayson called the meeting to order at 5:32 p.m. 2. Public Comments. Roger Dennis, 300 Kegley Street. Mr. Dennis said he would like to start a Veterans' Rehabilitation center. He stated that there are three lots on Loop 121 by the Valero that would be a good location. He also wants to refurbish hot tubs for rain water harvesting since City water is too expensive for watering his garden. 3. Recognize the Belton Fire Department for achieving Best Practices Recognition and being one of the first ten Texas Fire Departments to achieve this recognition. Fire Chief Bruce Pritchard introduced Chief Robert Isbell of the Round Rock Fire Department who is also the Chair of the Best Practices Recognition Board of the Texas Fire Chiefs Association . Chief Isbell presented a plaque to the Belton Fire Department recognizing them for achieving "Recognized" status for Best Practices. The Texas Fire Chiefs Association has developed a best practices program to encourage fire departments in Texas to seek continual improvement in their services to the local community. Belton Fire Department is one of the first ten Texas Fire Departments to achieve this recognition. Chief Pritchard thanked his staff for their hard work in earning this recognition. 4. Recognize the Finance Department for receipt of the Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 2016. City Manager Sam Listi recognized Director of Finance Brandon Bozon and Assistant Director of Finance Susan Allamon, as well as the Finance Department Staff, for receiving the Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 2016 from the Government Finance Officers Association of Texas. This is the 31st consecutive year the Finance Department has received this award. Belton City Council Meeting November 14, 2017 - Page 2 Consent Agenda Items 5-7 under this section are considered to be routine by the City Council and may be enacted by one motion. If discussion is desired by the Council, any item may be removed from the Consent Agenda prior to voting , at the request of any Councilmember, and it will be considered separately. 5. Consider the minutes of previous meetings: A. October 24, 2017, City Council Workshop B. October 24, 2017, City Council Meeting C. October 31, 2017, Special Called City Council Workshop 6. Consider a resolution authorizing the submittal of an application to the Texas Historical Commission to be designated as a Certified Local Government. 7. Consider authorizing the purchase of a Street Sweeper through the HGAC Purchasing Cooperative. Upon a motion by Councilmember John R Holmes, Sr. and a second by Councilmember Dan Kirkley, the Consent Agenda items including the following captioned resolution were unanimously approved upon a vote of 6-0. Work Session: 8. Receive a presentation and discuss small cell nodes. Director of Planning Erin Smith and Director of Public Works Angellia Points presented information regarding smell cell nodes (see Exhibit "A") . Mayor Grayson asked if the Design Districts were being created because of the small cells. Mrs. Smith said yes, and City Manager Sam Listi said that this opportunity is provided for in the statute. Councilmember Dan Kirkley asked if there will be specifications for the nodes. Mrs. Points said the specifications will be addressed in the appendix to the Design Manual wh ich is pending Council's review. Councilmember Paul Sanderford asked if there will be a permitting fee charged by the City. Mrs. Points explained that the statute allows for a right-of-way (ROW) permit fee , but it can only be charged if the City charges the same fee to all others obtaining a ROW permit. She stated that currently the City's ROW permit fee is $0. She added that the statute does allow the City to charge annual and monthly fees to allow these nodes in the City's ROW, and a fee change will be forthcoming. Councilmember Sanderford asked if the AMI towers will be allowed to be used. Mrs. Points explained that, per the Texas Municipal League, City property is not required Belton City Council Meeting November 14, 2017 - Page 3 to allow placement of these nodes. It will be at the City's discretion. Councilmember Guy O'Banion said it may be desirable if it doesn't interfere with the signals. Mr. O'Banion asked what the nodes would be used for. Mrs. Points answered the nodes will be used for wireless communications. Mayor Grayson asked if legitimate companies are the only ones allowed to do this, or would "the geek guy in his garage" be able to do this as well. Mrs. Points said she would have to look into that. Mrs. Points said that this item will come to the Council for a public hearing and action at the November 21, 2017, City Council meeting. City Manager Listi expressed his thanks to Mrs. Smith and Mrs. Points for their hard work on this item. No action was required of the Council on this item at this time. 9. Receive a presentation and discuss fats, oils, grease and grit. Director of Public Works Angellia Points presented information regarding a proposed program for fats, oils, grease and grit (see Exhibit "B"). Councilmember O'Banion asked if the grit traps were required to be cleaned out every 90 days. Mrs. Points responded yes, and she added that the City will work with a particular business if there is not a need to clean the trap every 90 days. Mr. O'Banion said the need will vary with each type of business, and it is costly to have it cleaned out. He asked Mrs. Points to do some research to ensure that Belton isn't requiring more clean-outs than what is normal. City Attorney John Messer said it is Staff's intention to enforce the ordinance. Mr. Listi said Staff will provide examples from other cities. Councilmember Sanderford asked if there would be any grandfathering of existing businesses. Mrs. Points said there will be some grandfathering, and Staff will work with businesses to ensure that they have grease/grit traps, and that they are sized correctly, and cleaned frequently enough so they don't overflow. Councilmember Holmes asked if Staff has identified businesses in Belton that need grease traps or grit traps. Assistant Director of Public Works Jeremy Allamon said that Staff's biggest challenge will be identifying those businesses with existing grease and grit traps, but most of the newer restaurants already have them. Mayor Grayson said that Belton has been successful in getting restaurants to build in Belton, and she doesn't want to do anything to hinder that. She suggested perhaps a time period for education for the businesses prior to enforcement of the policy. Mr. O'Banion suggested a phased implementation, but said new businesses should be required to comply as the businesses are developed. Belton City Council Meeting November 14, 2017 - Page 4 Councilmember Paul Sanderford asked about the personnel position that has been approved to regulate this program . Mrs. Points said that the new position was approved in the FY2018 budget and has been filled internally. Mrs. Points explained that this item will come to the Council for a public hearing and action at the November 21, 2017, City Council meeting. Mayor Pro Tern Craig Pearson added that Staff needs to encourage citizens not to blow grass clippings in the street. No action was required of the Council on this item at this time. 10. Receive a presentation and discuss backflow and irrigation. Director of Public Works Angellia Points presented information on backflow and irrigation (see Exhibits "C" and "D"). Councilmember O'Banion asked if Staff was going to check all residential properties for compliance. Mrs. Points said it will be difficult to know who has irrigation systems, but Staff will start by reviewing permits. Mayor Grayson said she was pretty sure that when a house is purchased, it is on the inspection report that a backflow device is required. City Manager Listi said that an inventory will be created from new house development. Mr. Messer added that Staff can ask residents applying for water service if they have an irrigation system. Mayor Grayson asked if irrigation companies are required to register. Mr. Allamon said registration is only required by backflow device testing companies. Mrs. Points said that Staff will work with the irrigation companies to educate citizens on the requirement for the backflow prevention devices. Councilmember O'Banion suggested a phased-in approach. Mr. Allamon said this is a TCEQ requirement that should have already been implemented, so it would be difficult to phase in. Mr. O'Banion said that information should be mailed out informing residents of the requirement and the deadline for installation. Mrs. Points explained that if this program is adopted, some changes will need to be made to the City's irrigation policy so the two don't conflict. The ordinances will be brought to the Council for consideration at the November 21, 2017, City Council meeting. No action was required of the Council on this item at this time. Belton City Council Meeting November 14, 2017 - Page 5 There being no further business, the Mayor adjourned the meeting at 6:39 p.m. ayor ATIEST: Amy M. Casey, City Clerk  EXHIBIT "A" City Council Meeting November 14, 2017  Senate Bill 1004 – What is it and how does it affect Belton?  Types of Installations  Prohibited and Preferred Locations  Order or Preference for Installation  Where Can They Be Installed?  What is the City’s Response?  Small Wireless Facility Siting Ordinance  Revised the current ROW Management Ordinance  Add an appendix to the City’s Design Manual  Develop a Service Pole Collocation Attachment License Agreement  Staff Recommendation  Senate Bill 1004 (effective September 1, 2017) created Chapter 284.“Deployment of Network Nodes in Public Right-of-Way”.  Chapter 284 requires municipalities to allow small cells within the public right-of-way and on city infrastructure.  Important facts about Chapter 284:  Mandated access to city infrastructure (utility poles, non-decorative street lights, street signs, traffic signals)  Unless approved by the City, cannot utilize city parks and be placed in the ROW of residential areas if the streets are 50 feet wide or less  Special regulations for areas within designated design and historic districts  This legislative action will require amendments to the City’s Right-of- Way Management Ordinance and Design Manual.  Proposed wireless towers on private property will be subject to the City’s Wireless Service Facilities Ordinance (2001-38)  Network Nodes – Wireless communication equipment (not the pole)  Must be installed at least 8 feet above the ground  ROW permit required; Attachment agreement may be required  Node Support Poles – New pole to support network node facility  Can’t exceed 10 feet in height above tallest existing utility pole with 500 linear feet  Max height allowed is 55 foot above ground level  ROW permit required  Transport Facility – physical fiber or line connection between the network node in the ROW and cellular network’s mobile switching location.  ROW permit required  Micro Network Node – Strung on lines between poles or node support poles  No larger than 24” x 15” x 12” in size  No permit required from the City, unless disrupting traffic during install or repairs  Prohibited or Restricted Areas, unless approved by the City  Residential Areas  Municipal Parks  Historic Districts (5)  Design Districts (2) (NEW!)  Historic landmarks recognized by the City, state, or federal government  Preferable Locations  Industrial Areas  Highway Rights-of-Way  Retail and Commercial Areas  Business Park  Taylors Valley Road/Hubbard Lane  Sparta Road between Main and Loop 121  Industrial Park Road  Commerce Street  N Head Street between IH-35 SR and E 2nd Ave  Central Ave  2nd Ave  N Penelope  Any City-owned Parks  ROW of residential areas if the streets are 50 feet wide or less  Historical and Design Districts  Note: Regardless of location, a ROW Permit is still required; ROW Permits approved at the Staff level; no Council approval/consideration 1. Existing telephone or electrical lines between existing utility poles (None owned by City) 2. Existing Utility Poles (None) 3. Municipal Service Poles  Non-decorative street lights with height of more than 20 feet (Yes)  Traffic signal structures (None)  Street signage shall be a low priority for attachment of a network node (due to availability of electricity and MUTCD) (Yes)  Other municipal service poles are discouraged. 4. Network Node Support Poles 1. Adopt a Small Wireless Facility Siting Ordinance to clarify requirements to extent allowed by law 2. Revised the current Rights-of-Way Management Ordinance to include wireless network infrastructure 3. Add an appendix to the City’s Design Manual for Installation of Network Nodes and Node Support Poles 4. Develop and require a Service Pole Collocation Attachment License Agreement 5. Later: Establish fees in City’s Fee Schedule Purpose: clarify requirements as allowed by law; establish policies and procedures for the placement of node support poles and network nodes in the public ROW. Included in the ordinance:  Clarifies general requirements including prohibited and allowed locations  ROW permit is required  Review period for ROW permits  Within 90 notice from the City for construction, repair, maintenance, etc., network provider is required to relocate within ROW  Removal of node requirements (90 days after their notice of abandonment)  Fees are required per City’s Fee Schedule  Attachment Service Agreement is required  Must comply with Design Manual 1. Include Network Nodes as a “Facility” 2. Require a ROW permit when a person “removes” or “relocates” a facility 3. Wireless network providers shall adhere to City’s Network Node Ordinance, Chapter 284 of LGC, and the City’s design manual. 4. All facilities placed in the City’s ROW shall be done at the person’s expense and be placed in a good and workmanlike manner. 5. Gives City authority to perform inspections on facilities placed within ROW. 6. City is a drug-free workforce and workplace. The distribution, possession, sale, or use, etc., of illegal drugs or alcohol by the person or person’s contractors is prohibited. 7. Facilities placed in a historical or design district may be prohibited or at minimum, be required to be black powdered coated and/or be reasonably camouflaged to match the surrounding environmental and aesthetics. Also applies to auxiliary equipment. 8. No part of a person’s facility is considered as being affixed to or a part of the ROW. All facilities will remain the property of the person. 9. City is not liable for damages, injuries, or claims arising from the person’s actions in the ROW. 10. Upon a person’s abandonment of facilities, the person must notify the City and remove the facilities within 90 days. 11. Signage must be in accordance with MUTCD. However, signage may be required by the City to identify the persons name, location, emergency phone number, etc. 12. Facilities should not violate ADA requirements. 13. Upon notice thereof, the person shall remove all graffiti on any of its facilities. 14. Any damage done to the ROW due to the installation, maintenance, removal, etc. of facilities shall be repaired at the person’s expense within 10 days. 15. The person is responsible for their employees, contractors, etc.  Many of the same provisions and requirements as the Network Node Ordinance and ROW Management Ordinance  Purpose: more detailed requirements (heights, spacing, colors, electrical, etc.)  Prohibited and Preferred Locations  Guidelines on Placement  Electrical Supply - Network Provider is responsible for their own electrical service. Generators are not allowed.  General Aesthetic Requirements  Concealment  Concealment of network nodes and node support poles in historic and design districts with decorative poles  Camouflage is required, except areas zoned Light or Heavy Industrial  Concealed or enclosed in equipment box, cabinet or other unit  External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit  New Node Support Pole Spacing  New poles shall be a minimum of 300 feet from a utility pole or other node support pole  Allowed Colors  Unless otherwise provided, all colors shall be earth tones or shall match the background of any structure the facilities are located upon and all efforts shall be made for the colors to be inconspicuous. Colors in areas other than in Historic Districts and Design Districts shall conform to colors of other installations of telecommunication providers in the immediately adjacent areas.  Agreement between the City and Network Provider that states a facility can be attached to a City-owned pole, sign, etc.  Standard agreement proposed by TML.  Signatures required by the City Manager and Network Provider.  Defines terms (typically 5 years) and defines renewals (typically up to 2 terms of 5 years each), or otherwise agreed upon by the City and Provider.  Addresses transfer of authority, ownership, causes/ reasons for termination, abandonment, relocation requirements, liabilities, electrical supply, graffiti abatement, fees, etc.  No ROW Permit application fee will be required, consistent with current practice.  Fees to be considered when presented with Proposed Fee Schedule.  Network Nodes  30 days to determine completeness; 60 days to approve or deny permit  Fee: $250 per network node site/year  Node Support Poles  30 days to determine completeness; 150 days to approve or deny permit  Fee: $250 per pole/year  Transport Facility  10 days to determine completeness; 21 days to approve or deny permit  Fee: $28 per transport facility/month Staff recommends the following: 1. Adopt the proposed Small Wireless Facility Siting Ordinance. 2. Approve the proposed amendments to the Rights-of-Way Management Ordinance. 3. Adopt an appendix to the City’s Design Manual for Installation of Network Nodes and Node Support Poles. 4. Require a Service Pole Collocation Attachment License Agreement with City Manager having the authority to approve or deny such requests. Fats, Oils, Grease and Grit Program City Council EXHIBIT "B' Fats, Oils, Grease and Grit in Sewer Pipes BIG RED Purpose of the FOG Ordinance • Protect the City’s sewer infrastructure • Reduce risk of sewer overflows in the street and back-ups into businesses and homes • Maintain/reduce sewer washing operations • Work with businesses to ensure compliance FOG Program Summary Who? • Applies to all new and existing non-residential generators of grease/grit (does not apply to residents) • Transporters of grease and grit waste • No one can discharge FOG into sewer system Grease/Grit Trap Sizing • Use the Uniform Plumbing Code Formula for sizing requirements; Minimum sizing requirements for car washes (grit generators) • Will allow for self-cleaners and alternative treatments (bioremediation) • Staff will work with existing generators to allow smaller sized units, but more frequency cleaning cycles (monthly) may be required Cleaning Frequency • Every 90 days, unless otherwise approved • Waste manifest to City within 10 days of cleaning Enforcement • City Inspections (Environmental Specialist Technician) • A violation of any provisions of this ordinance will result in a Class C Misdemeanor in addition to fines not exceeding $2,000.00 • City may terminate water services due to non-compliance How does this affect existing businesses? • Existing businesses which are “waste generators” will need some sort of grease/grit/hair traps. • Typical locations for these types of traps: Restaurants, pet grooming facilities, hair salons, car washes, etc. • Staff will work with them on accommodating smaller units with more frequent cleaning cycles. • Up to 180 days to come into compliance. Unclog Belton! No FOG, No CLOG! COOL IT, CAN IT, TRASH IT! What’s Next 1. Create database of the information provided to Public Works 2. Train Environmental Compliance Tech 3. Work with businesses that currently have grease traps to maintain a cleaning cycle and reporting 4. Work with businesses that need grease traps to get a device or trap installed 5. Work with new businesses when great traps are needed Recommendation for 11/21/17 Council Meeting Recommend approval of the new Fats, Oils, Grease and Grit Program to Chapter 23, Article II, as Division 5 of the Code of Ordinances regarding the City’s management and protection of the public sanitary sewer system. Cross Connection Control and Backflow Prevention Program City Council EXHIBIT "C" Backflow • Backflow is the undesirable reverse flow of non-potable (non-drinkable) water or other substances that can contaminate the drinking or public water system due to a cross connection in the piping. • Preventing backflows is crucial to protecting drinking water quality. • TCEQ requires the City to manage backflows and cross connections. • The City currently has an abbreviated program under Chapter 23, Article VIII which pertains only to irrigation systems. • A comprehensive program for ALL connections is required. • In August, TCEQ performed an inspection of the City’s water system. The inspector noted that a backflow ordinance and program is required in order to maintain compliance with TCEQ. Backflow Program Summary Who is required to have backflow devices? • Where are potential backflow or cross connection hazard exists, a backflow prevention assembly is required. • Installation of the device and testing is at the customer’s expense. • Backflow devices are not required at any residence or facility where there is no actual or potential contamination hazard. Authority • TCEQ requires the City to provide a backflow program and manage backflow and cross connections. • City may refuse to initiate water service or discontinue present water service to any customer if a potential hazard exists and/or adequate protection has not been provided or reported. Customer Responsibilities • All backflow prevention assemblies shall be tested by a certified tester upon installation, repair, alteration, relocation, annually and prior to being placed into service. Testers • Testers must be certified by the State. • Testers must be registered with the City. Registrations are valid for 1 year. • Registrations can be revoked. Backflow Program Summary Continued Types of Devices Required • Examples are air gaps, atmospheric vacuum breakers, double check valve, pressure vacuum breaker, reduced-pressure principle backflow assemblies. • Car wash facilities, fire hydrant meters, medical clinics, metal manufacturing, WWTPs = AG or RPBA • Irrigation systems = RPBA, DCVA, AVB, or PVB (depends on if chemicals are added or not) • Internal dental clinic equipment RPBA, swimming pools (private) PVB or AG, Ice or Soda machines = AVB New and Existing Facilities • All new facilities are required to comply with the requirements of this policy. • All existing facilities must come into compliance with this policy within 180 calendar days. Enforcement and Penalties • Environmental Specialist: The City has the authority to enter the property or premises of a customer to inspect the customer’s water system for compliance. • Violation of any provisions of this ordinance will result in a Class C Misdemeanor in addition to fines not exceeding $2,000. • At any time, the City may terminate water services due to non-compliance with this ordinance. Average Testing Costs • Residential irrigation backflow devices range between $60-$85 per test. • Commercial irrigation and other devices range between $60-$100 per diameter inch of waterline per test, depending on the device and use. • Installation costs vary depending on the device that is required. • PVB: $285-$500 for most irrigation systems • DCVA: $370-$420 • RPBA: $400-$1,000 depending on size and application What’s Next? 1. In progress: We have purchased a • Program is compatible with billing backflow program to properly software for up-to-date customer manage, track, and report backflow information. device testing. • Automated letter generation 2. Develop database in new Backflow • Reminders and warning letters Program. • Test report forms 3. Train new Environmental Specialist. • Envelopes 4. Work with businesses to get the • Certified tester list correct backflow device installed and • Customizable letters and reports start catching up on the required testing. • Certified tester information • Reports • Comprehensive test summary reports for TCEQ • View completed, past due, and upcoming tests Say NO to Backflow! Belton says NO to backflow! Recommendation for 11/21/17 Council Meeting Recommend approval of the new Water Cross Connection Control Program as an amendment to Chapter 23, Article IX of the Code of Ordinances regarding the City’s management and protection of the public water system following a public hearing on this topic. Consider Amendments to Code of Ordinances: Installation of Irrigation Systems City Council Exhibit "D" Backflow and Irrigation • With the adoption of the new Cross Connection Control Ordinance, there are conflicting backflow requirements in Chapter 23, Article VIII, Installation of Irrigation Systems. • Amendments are proposed to address conflicts between the existing ordinance and the newly adopted backflow program. • Goal of amendments: clear and consistent standards. Amendments Summary • Definitions • Deleted duplicate or conflicting definitions. Referred to new Backflow Ordinance. • Backflow prevention methods and devices • Deleted and referred to new Chapter 23, Article IX. • Specific conditions and cross-connection control • Deleted and referred to new Chapter 23, Article IX. • Reclaimed water • Revised item 5 to state the following: Backflow prevention on the reclaimed water supply line shall be in accordance with the regulations of the city's water provider and per Chapter 23, Article IX “Water Cross Connection Control Program”. • Items not covered by this chapter • Revised the paragraph to the following: Any item not covered by the ordinance and required by law shall be governed by the Texas Occupations Code, the Texas Water Code, Title 30 of the Texas Administrative Code, and any other applicable state statute or Texas Commission on Environmental Quality rule and per Chapter 23, Article IX “Water Cross Connection Control Program”. Recommendation for 11/21/17 Council Meeting Recommend approval of the amended Chapter 23 Article VIII of the Code of Ordinances regarding installation of irrigation systems following a public hearing on this topic.