City Council

Belton City Council Meeting February 13, 2018 - 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 David K. Leigh , Paul Sanderford , Dan Kirkley, Guy O'Banion and John R. Holmes, Sr. Staff present included Sam Listi, John Messer, Gene Ellis, Amy Casey, Brandon Bozon , Chris Brown , Matt Bates, Paul Romer, Bob van Til, Kim Kroll , Angellia Points, Bruce Pritchard , Cynthia Hernandez, Cheryl Maxwell and Charlotte Walker. The Pledge of Allegiance to the U.S. Flag was led by Councilmember Guy O'Banion, the Pledge of Allegiance to the Texas Flag was led by Grants and Special Projects Coordinator Bob van Til , and the Invocation was given by Dr. (Rev.) Keith Gavin , pastor of Bethel AME Church. 1. Call to order. Mayor Marion Grayson called the meeting to order at 5:30 p.m. 2. Public Comments. There were none. 3. Recognitions and Proclamations: A. Recognize City Clerk Amy Casey for receiving her Texas Municipal Clerk Certification. City Manager Sam Listi recognized Amy Casey for receiving her certification as a Texas Registered Municipal Clerk. B. Proclamation - National Engineers' Week- February 18-24, 2018 Jake Blair, President of the Texas Society of Professional Engineers - Central Texas Chapter, and Director of Public Works Angellia Points accepted the Proclamation on behalf of engineers for National Engineers' Week. 4 . Presentation of Police Department Annual Report including Annual Racial Profiling Report. Assistant City Manager/Chief of Police Gene Ellis presented the Police Department Annual Report, including the Racial Profiling Report for 2017. Mayor Grayson thanked the Chief and his staff for all that has done for the community. No action was required by the Council. 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 Belton City Council Meeting February 13, 2018 - Page 2 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 the January 23, 2018, City Council Meeting. 6. Receive a report on the annual review of the City's Ethics Ordinance, No. 2015- 11, by the Ethics Commission. 7. Consider a resolution ordering the General Election to be held on May 5, 2018. Upon a motion by Mayor Pro Tern Pearson, and a second by Councilmember Dan Kirkley, the Consent Agenda, including the following captioned ordinance and resolutions, was unanimously approved by a vote of 7-0. ORDINANCE NO. 2018-03 AN ORDINANCE AMENDING ORDINANCE NO. 2015-11 OF THE CITY OF BELTON, TEXAS; PROVIDING AN ETHICS ORDINANCE FOR THE CITY; PROVIDING A POLICY STATEMENT; DEFINING CERTAIN TERMS; PROVIDING FOR STANDARDS OF CONDUCT; PROVIDING FOR DISCLOSURE OF INTEREST; PROVIDING FOR FINANCIAL DISCLOSURE; PROVIDING FOR DISPOSITION OF ALLEGED VIOLATIONS; PROVIDING FOR EFFECTIVE DATES; AND REPEALING CONFLICTING ORDINANCES. RESOLUTION NO. 2018-06-R A RESOLUTION CALLING AND ORDERING A GENERAL ELECTION TO BE HELD ON MAY 5, 2018, AND ESTABLISHING PROCEDURES THEREOF. RESOLUCION NO. 2018-06-R RESOLUCION CONVOCANDO ELECCIONES GENERALES A REALIZARSE EL 5 DE MAYO DEL 2018 Y LOS PROCESOS A CUMPLIRSE. Regular Agenda 8. Receive a presentation from Leadership Belton and consider approval of a Firefighter Memorial to be located at Fire Station 2 on Sparta Road. Grants and Special Projects Coordinator Bob van Til presented a proposed Leadership Belton project for a Firefighter Memorial to be constructed in front of Fire Station No. 2. The group estimates the project to cost approximately $7,500, and they will coordinate all fund raising for this project. City Manager Sam Listi said the idea for a Firefighter Memorial first came up when KPA Engineers was designing the roundabout. Safety was a concern of the Council's when considering placing this memorial in or near the roundabout. Belton City Council Meeting February 13, 2018 - Page 3 Leadership Belton is proposing to place a memorial in front of Fire Station 2, so they are bringing this project to the Council for approval since the land is owned by the City. Councilmember David K. Leigh asked Mr. van Til to get with him about the possibility of having someone he knows provide the mason work. Upon a motion by Councilmember John Holmes, and a second by Councilmember Guy O'Banion , Item 8 was unanimously approved by a vote of 7-0. Mr. Leigh added that he felt the memorial may be better located west of the fire station in front of the oak tree rather than where Leadership Belton is proposing to locate it. 9. Consider awarding a bid for property described as a 3.375 acre tract of land located generally 450' north of Chisholm Trail Parkway, between Canyon Heights Road and Spring Canyon Road. Mayor Grayson announced that she would be abstaining from Item 9. She asked Mayor Pro Tern Craig Pearson to take over the meeting, and she left the room. City Manager Sam Listi said that in January 2015, the City purchased a 5 acre tract from JT Carothers Holding, LLC, for construction of a third City of Belton water tank. The property is located on the north side of a future westward extension of Chisholm Trail Parkway, generally between extensions of Canyon Heights and Spring Canyon Roads. At that time, a final plat was approved for Dawson Ranch-Regatta Oaks HOA Addition , creating two lots - one for the 5 acre City water tower site, and one for a 5 acre HOA site. Mr. Listi explained that the developer's plans have changed in this area, and City Staff has been approached regarding a reconfiguration of the sites, now owned by the City and by the HOA. Current plans involve moving the HOA pool and amenities to the south side of Chisholm Trail Parkway, and providing on-site detention for pending development phases. This has resulted in a proposal to reconfigure the north side of Chisholm Trail Parkway, where the HOA pool was originally planned, into lots, as well as a request to re-acquire unneeded land now owned by the City for the water tower site. The design of the City water tower and associated water distribution line is well underway. Mr. Listi said the water tower requires a minimum one acre tract site, so the remaining property may be declared surplus and sold, as long as the City retains access rights to the tank site. At the developer's request, this surplus portion of the water tower site property, comprising 3.375 acres, was advertised for sealed bids on January 18th and 25th_ The bid required proposed compensation and selection of one of three options for access to the water tower site: A. 50' public street right-of-way as shown on the attached map; Belton City Council Meeting February 13, 2018- Page 4 B. 50' City of Belton public utility easement as shown on the attached map; or C. Another ROW/Easement location as pre-approved by the City of Belton's Director of Public Works. Listi stated that on February 5 th, the City received a single bid from Quadruple Bogey Development, Inc. The bid specified a purchase price of $84,375 for the property, and the commitment to provide a 50' public street right-of-way as shown on a revised , submitted preliminary/final plat of Dawson Ridge Addition. Quadruple Bogey will also be responsible for all closing costs. Upon a motion by Councilmember Paul Sanderford and a second by Councilmember Dan Kirkley, Item #9 was unanimously approved by a vote of 6-0-1 with Mayor Grayson abstaining . Mayor Grayson returned and resumed control of the meeting. 10. A. Consider authorizing the City Manager to execute a contract with Mclean Construction for the construction of Phase I of the South Belton Sewer Project in the amount of $2, 195,043, and any change orders associated with the contract, not to exceed the amount authorized under State law. B. Consider authorizing the City Manager to execute Change Order No. 1 with Mclean Construction for the modifications to the line sizes and appurtenances for the South Belton Sewer Project. C. Consider authorizing the City Manager to execute a contract with Mclean Construction for the construction of Phases I and II of the South Belton Sewer Project in the amount of $4, 780,528.50, and any change orders associated with the contract, not to exceed the amount authorized under State law. Director of Public Works Angellia Points said that bids were received on December 12, 2017, for the construction of the South Belton Sewer System. The project was bid with multiple alternatives to give the City the ability to choose the scope based on need and funding availability. A summary of the bids received is shown below. The Base Bid (Phase I) is the gravity section north of Grove Road , and the Base Bid + Add Alt 2 (Phase II) is the entire project. Mclean Construction of Killeen was the low bidder on both phases. Contractor Base Bid (Phase I) Total (Phases I and II) Mclean Construction $2 ,195,043.00 $4,780,528.50 Bell Contractors $2 ,255,684.10 $5,054,954.50 Whitestone Civil Construction $2 ,617,285.00 $5,435,922.00 Smith Contracting $2,619,875.15 $6,286,678.15 Skyblue Utilities $2 ,936,822.27 $5,771 ,151 .04 Prota Jafer $3,619, 100.87 $7,423,683.72 Belton City Council Meeting February 13, 2018- Page 5 Mrs. Points explained the sewer service area proposed to be served by this designed sewer system stretches west to Shanklin Road , north to the new BISD property at Loop 121 , south to the Lampasas River, and east to Toll Bridge Road. As discussed at previous Council workshops during the preliminary engineering phase, in order to serve additional areas east of IH-35 and east and north of the lift station, the lift station and sewer lines would have to be lowered, increasing the cost of the infrastructure. Concerns expressed by the Council at the January 9, 2018, City Council Workshop were the serviceability to the east, specifically the 2016 annexation areas, service to the newly purchased BISD property at Shanklin and Loop 121 , and the relative cost/benefit of the investment proposed. Mrs. Points said that after thorough consideration of the investment proposed , Belton's potential growth, as well as Council's discussion at the workshop, Staff recommends increasing the line sizes of the South Belton Sewer System, with a future lowering of the lift station to increase the service area of the proposed infrastructure. Phase I of the South Belton Sewer System is recommended to be awarded to the low bidder, Mclean Construction , with a change order to increase the line sizes. The lines in Phase I will not need to be lowered, but only upsized to handle the additional sewer flows when the lift station is lowered , which increases the sewer service area. Mrs. Points explained that upon award of Phase I and Change Order No. 1, the remain ing funds in the 2016 CO would be approximately $7.5M. The remaining funds are recommended to be allocated to the following items in order to prepare Belton for future growth: • Redesign the Phase II South Belton Sewer System in order to increase the sewer service area; • Design and construct the Shady Lane parallel sewer line in order to accept the flows from the South Belton Sewer System; • Design the upsize in the Mitchell Branch sewer line in order to prepare for the upcoming school site at Loop 121 and Shanklin Road, and potential surrounding development; and • Design and construct the North Belton elevated storage tank and waterline. Construction of the redesigned Phase 11 of the South Belton Sewer System and the upsizing of Mitchell Branch sewer line are not currently included in that funding plan . Councilmember Leigh said it will come down to funding . Shady Lane needs to be designed to handle the flows from the South Belton Sewer System. Mrs. Points said, "We are fine where we are today, and even if Phase I builds out, we are still probably fine ." Mr. Leigh said that the Council is committed and knows the Shady Lane and Mitchell Branch projects need to be funded possibly within the next 18-24 months. Belton City Council Meeting February 13, 2018- Page 6 Upon a motion to award Phase 1 (10A) and Change Order #1 (10B) by Councilmember Kirkley, and a second by Councilmember O'Banion, items #1 OA&B were unanimously approved by a vote of 7-0. 11. Consider authorizing the City Manager to enter into a professional services agreement with Halff Associates for professional engineering services for the Shady Lane Sewer Project. Director of Public Works Angellia Points said about half of Belton's sewer is sent through the Miller Heights area, and a majority of the sewer flows down the Shady Lane sewer line which is currently a 12-inch line. During the design of the South Belton Sewer System, the Shady Lane sewer line was determined to be a bottleneck. Mrs. Points said with the most recent CDBG project completed in 2016, the 12-inch sewer line was paralleled with a new 21-inch sewer line, which now has a capacity of 12.95 MGD near Shady Lane/Belle Oaks Apartments and 15.19 MGD near the lift station. The 2011 CDBG project replaced an existing 12-inch with a 15-inch and 12-inch line ranging in capacity downstream of 7.1 MGD to 1.33 MGD upstream near Magnolia. The South Belton Sewer System Project will connect into the sewer on Shady Lane, and will be designed for 7.75 MGD of sewer, including the 1.7 to 1.8 MGD build out of Three Creeks. Therefore, the sewer line along Shady Lane between the Public Works facility and Belle Oaks Apartments needs to be increased in size or paralleled to prevent overflows from occurring in the future as development continues. Points stated that the Shady Lane project is critical to be in design and constructed due to the planned sewer to flow through the existing lines. Staff proposes to utilize Halff Associates for engineering services based on their design of the South Belton Sewer Project, to compile a Preliminary Engineering Report for the project to determine the correct size, alignment, and construction methods, perform final design on the selected sewer line, and assist in bid phase services. The construction administration portion of the project will be considered after the project has been bid . Their fee for design and bidding is $165,700, and time for completion is estimated to be eight months. Upon a motion by Councilmember Leigh, and a second by Mayor Pro Tern Pearson, item #11 was unanimously approved by a vote of 7-0. The City Council recessed and reconvened in the Smith Room for the following items. Executive Session At 6:23 p.m., the Mayor announced the Council would go into Executive Session for the following items: Belton City Council Meeting February 13, 2018 - Page 7 12. Executive Session pursuant to the provisions of the Texas Open Meetings Act, Chapter 551, Govt. Code, Vernon's Texas Codes Annotated, in accordance with the authority contained in Section 551.072, for a deliberation regarding real property. 13. Executive Session pursuant to the prov1s1on of the Open Meetings Law, Chapter 551, Govt. Code, Vernon's Texas Codes Annotated, in accordance with the authority contained in Section 551.074, Personnel - conduct an evaluation of the City Manager's performance. The Mayor reopened the meeting at 8:07 p.m., and there being no further business, the meeting was adjourned. ATTEST: