City Council

Belton City Council Meeting April 24, 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 (arrived at 5:45 p.m.) and Councilmembers Dan Kirkley, Paul Sanderford and Guy O'Banion. Councilmembers David K. Leigh and John R. Holmes, Sr. were absent. Staff present included Sam Listi , Gene Ellis, John Messer, Amy Casey, Brandon Bozon , Ryan Brown , Matt Bates, Paul Romer, Bob van Til, Kim Kroll , Judy Garrett, Charlotte Walker, Kelly Trietsch , Jeremy Allamon and Cheryl Maxwell. The Pledge of Allegiance to the U.S. Flag was led by Director of Planning Cheryl Maxwell, the Pledge of Allegiance to the Texas Flag was led by Mayor Marion Grayson , and the Invocation was given by Alton McCallum , Belton Police Chaplain . 1. Call to order. Mayor Marion Grayson called the meeting to order at 5:33 p.m. 2. Public Comments. There were none. 3. Proclamation - National Nurses' Week- May 6-12, 2018 Mayor Grayson read the proclamation and presented it to Patricia Phelps of the Texas Nurses Association District 7. Consent Agenda Items 4-5 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. 4. Consider the minutes of the April 10, 2018, City Council Meeting. 5. Consider a resolution denying Oncor's application for approval of a Distribution Cost Recovery Factor to increase distribution rates within the City. Upon a motion by Councilmember O'Banion, and a second by Councilmember Sanderford, the Consent Agenda including the following captioned resolution was unanimously approved by a vote of 4-0. RESOLUTION NO. 2018-10-R A RESOLUTION OF THE CITY OF BELTON, TEXAS, FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY LLC'S APPLICATION FOR APPROVAL OF A DISTRIBUTION COST RECOVERY FACTOR PURSUANT TO 16 TEX. ADMIN. CODE § 25.243 TO INCREASE DISTRIBUTION RATES WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE CITY'S REASONABLE RATE CASE Belton City Council Meeting April 24, 2018 - Page 2 EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. Planning & Zoning 6. Hold a public hearing and consider a zoning change from Agricultural to Retail District on approximately 0.9 acre comprising lots 0009, 0008, 0007, and 0006, Block 2 of Belton Lake Estates at 3286, 3292, 3298, and 3304 Lake Road, located on the north side of Lake Road (FM439), east of Lake Ridge Drive. Director of Planning Cheryl Maxwell explained that this property was annexed in 2006 and was brought into the city limits under the Agricultural Zoning District. These lots are for sale, and the applicant has submitted this request for a zoning change to enhance the marketability of these lots. Retail uses in general are proposed for the lots. Mrs. Maxwell said that the Future Land Use Map identifies this area as primarily residential. However, it also identifies Lake Road west of Loop 121 as a potential mixed-use corridor. The proposed retail use along the frontage of Lake Road appears to be consistent with this development pattern. A detailed site plan will be requ ired when requesting a building permit and must address the following design standard requirements: building materials; tree preservation and landscaping requirements; screening; dumpster requirements; lighting; and signage. Mrs. Maxwell added that water service to this area is provided by 439 Water Supply Corporation. The north side of FM 439 is not in the City's sewer CCN ; therefore, sewer service is not currently provided. The current lots meet minimum area requirements for the Retail Zoning District. However, if the new building envelope crosses a platted lot line, a replat of the property to consolidate lots is required. The Planning and Zoning Commission met on April 17, 2018, and unanimously recommended approval of the requested zoning change from Agricultural to Retail District; Staff concurs with their recommendation. Mayor Grayson opened the public hearing. Seeing no one wishing to speak, she closed the public hearing. Upon a motion by Councilmember Kirkley, and a second by Councilmember O'Banion, Item #6 including the following captioned ordinance was unanimously approved by a vote of 4-0. Belton City Council Meeting April 24, 2018 - Page 4 A water well is located on Lot 18 where the existing residence is located. We are coordinating with the Clearwater Underground Water Conservation District regarding the status of this well. Sewer: An existing 6" sewer line runs along the west side of S. Wall Street, and an existing 15" line runs east/west through the northern portion of this property. The applicant is tying into the 15" line and extending a 6" line throughout the subdivision. Drainage: FEMA maps show a designated floodway bisecting this property along Mitchell Branch. No structures are allowed in a floodway. Portions or all of Lots 12 through 20 are located in the flood plain. Fill will be needed to raise the finished floor elevation of the building site on these lots 18" above the flood plain elevation. Minimum floor elevations will be provided on the plat for residential buildings. Pre and post-development storm water analysis will be provided with the final plat. Streets: S. Wall Street is identified as a minor collector on the Thoroughfare Plan. The existing ROW varies from 53 feet at the southern end of the subdivision to 73.1 feet at the northern end. Although 60 feet of ROW is desired for minor collectors, no improvements are anticipated; therefore, no additional ROW is needed. The pavement width of S. Wall Street is approximately 30', with curb and gutter provided; no perimeter street improvements are needed . Two internal roadways will be constructed as local streets with a 31 ' pavement width and curb and gutter within a 50' wide ROW. Arnold Drive is the entrance road; the other street, Leroy Lane , terminates with a cul-de-sac on each end. Sidewalks: There is an existing sidewalk along the east side of S. Wall Street, recently provided by the City of Belton. A sidewalk is only required along one side of collector streets; therefore, the developer is not required to construct one along the perimeter of the subdivision. Sidewalks are not required along local streets and are not proposed within this subdivision. Parkland Dedication/Fees: No parkland or common areas are proposed within the subdivision. The parkland fee is $200 per residential unit. For 20 lots, each with two residential units, the fee equates to $8,000. These funds will be used at Miller Heights Community Park and S. Wall Street Tiger Splash Pad , both within a one-mile radius of the subdivision. Mrs. Maxwell added that the Planning and Zoning Commission met on April 17, 2018, and unanimously recommended approval of the preliminary plat of South Wall Estates subject to the City's Letter to the Applicant and Engineer dated April 13, 2018, and Staff concurs with their recommendation. Upon a motion by Councilmember Sanderford, and a second by Councilmember O'Banion, Item #7 was unanimously approved by a vote of 5-0. Belton City Council Meeting April 24, 2018 - Page 5 8. Consider a Final Plat of Indian Ridge at Messer Ranch, Amending Plat #1, comprising 1.144 acres, being an amending replat of Lot 17, Indian Ridge at Messer Ranch, and a 0.084 acre tract, located on the northwest side of Indian Ridge Road, south of Paddy Hamilton Road, in Belton's ETJ. Director of Planning Cheryl Maxwell said this 1-lot subdivision is proposed for residential use. She explained that this property is located in the ETJ of the City of Belton, so there is no zoning and the Future Land Use Map does not extend this far west. There is currently no development on this lot. The setbacks on the original plat will be carried forward to this plat and include a 30' front yard setback, 15' side yard setbacks, and 15' rear yard setback. The following is a summary of the subdivision ordinance requirements as they apply to this subdivision plat. Mrs. Maxwell explained that this is an amending replat of one lot; therefore, application of infrastructure requirements appropriate for a new 17-lot subdivision may not be appropriate for this 1-lot subdivision which is part of an existing development approved in 2004. Water: This property is located within the 439 Water Supply Corporation (WSC) CCN. There is an existing 6" line running along Indian Ridge Road. A fire hydrant is provided at the northeast corner of this lot, but water flows do not satisfy the City of Belton Fire Code minimum requirement of 1,000 gpm. Staff supports a variance to this requirement since it represents conditions that were previously approved by Bell County with the original plat and no additional lots are being created . Sewer: There is no sanitary sewer service available to this property. A septic system is proposed and tentatively approved ; placement will be subject to review by the Bell County Public Health District. Drainage: The City is not responsible for drainage along Indian Ridge Road since it is outside the City limits. No drainage improvements are needed. Streets and Sidewalks: Indian Ridge Road is considered a local street; existing pavement width is 20' within a 50' ROW. No additional ROW or street improvements are needed. Sidewalks are not required along local streets. Parkland Dedication/Fee: Residential subdivisions are required to dedicate suitable lands for the purpose of parkland and/or make a financial contribution for the acquisition and development of such parkland. The parkland fee is $200/lot which would be $200 for this subdivision. Staff supports a variance request since there are no plans to develop a public park in this vicinity at this time, and no additional lots are being created. Mrs. Maxwell said the Planning and Zoning Commission met on April 17, 2018 and unanimously recommended approval of the final plat of Indian Ridge at Messer Ranch , Amending Plat #1 , subject to the conditions outlined; Staff concurs with their recommendation. Belton City Council Meeting April 24, 2018 - Page 6 • Water pressure/flow variance for fire protection (Recommended) • Parkland dedication/fee variance (Recommended) • City's Letter to Applicant dated April 13, 2018. Mrs. Maxwell explained that since this proposed subdivision is located in Belton 's ETJ , the Bell County Engineer's Office has reviewed this plat and provided comments which are being addressed. After Council action , this plat will be taken to Bell County Commissioners Court for approval. Councilmember O'Banion asked if the fire hydrants were already in existence before became part of the City's ETJ . Mrs. Maxwell said it was approved in 2004 by the County. Mayor Grayson added that it met County standards at that time. Upon a motion for approval by Councilmember O'Banion, and a second by Councilmember Kirkley, Item #8 was unanimously approved by a vote of 5-0. Miscellaneous 9. Hold a public hearing and consider approval of an ordinance on second and final reading granting an extension to the commercial solid waste collection franchise with Sunbright Disposal Services. City Clerk Amy Casey stated that in April 2015 , Council authorized a commercial solid waste franchise with Sunbright Disposal Services. The original 3-year term of the franchise expires on April 26 , 2018. Sunbright desires an extension to the franchise agreement which is allowed under the original terms of the agreement. The original term of the agreement is for three years with two (2) optional one-year extensions. The City currently has commercial solid waste franchise agreements with Waste Management, Republic Services, Eagle Disposal , Temple Iron & Metal and Progressive. In accordance with the City Charter, franchise ordinances require two readings and a public hearing. The first reading of the ordinance was held on April 10, 2018, and the public hearing was advertised for th is City Council meeting. Mrs. Casey added that the City receives 5% of the Company's total gross receipts from customers as a franchise fee. The FY2018 Budget for this franchise fee is $96,100 from all commercial haulers. Mayor Grayson opened the public hearing. Seeing no one wishing to speak, she closed the public hearing. Upon a motion by Mayor Pro Tern Pearson , and a second by Councilmember Kirkley, Item #9 including the following captioned ordinance was unanimously approved by a vote of 5-0. Belton City Council Meeting April 24, 2018 - Page 7 ORDINANCE NO. 2018-10 AN ORDINANCE AMENDING A FRANCHISE AGREEMENT WITH SUNBRIGHT DISPOSAL SERVICES, TO PROVIDE COMMERCIAL SOLID WASTE COLLECTION SERVICES WITHIN THE CITY OF BELTON; AND MAKING OTHER PROVISIONS. 10. Hold a public hearing on the revised Design Manual regarding the City's requirements, guidelines and standards for public infrastructure. Assistant Director of Public Works Jeremy Allamon explained that the City adopted a Design Manual in 2002 , but there have been changes in regulations, industry standards and practices that have resulted in some of the City's standards being outdated or even obsolete. He said this project has been ongoing since 2014. Mr. Allamon said there were four stakeholder meetings held to discuss the proposed changes to the Design Manual, and the Manual was revised accordingly based on comments received at those meetings. He then reviewed the major changes that have been proposed. Mr. Allamon said the warranty period will remain at one year, although Staff had initially recommended a two-year period . He added that a maintenance bond would be required and would be enforced as well. Mayor Grayson stated that the City will leave it at one year, but asked what the stakeholders requested. Mr. Allamon said that the stakeholders wanted the one-year, which is pretty standard for area cities. Mayor Grayson asked what keeps the generators and fuel tanks from being stolen. Mr. Allamon said they are locked behind a fence . Mr. Allamon said that the proposed Design Manual was presented to P&Z on April 17, 2018, and a public hearing was conducted. Three members of the stakeholder community spoke in favor of the adoption of the revised manual. The P&Z Commission provided a unanimous favorable recommendation for Council consideration. Mr. Allamon explained that Council will conduct a public hearing on the revised Design Manual at this meeting, and consider adoption of the Design Manual at its meeting on May 8, 2018. Councilmember Kirkley asked about the response from homebuilders and developers. Mr. Allamon said that it was a good compromise. Mr. Kirkley asked if there would be a negative impact on development. Mr. Allamon said, "I don't believe so." Mayor Grayson opened the public hearing. Marty Janczak of Temple Area Builders Association said that he was appreciative of the collaboration between the City and developers. He feels like the end result is a good product that is a compromise for both parties. Mayor Pro Tern Pearson asked if Mr. Janczak felt that a consensus had been reached. Mr. Janczak replied, "Absolutely. " Belton City Council Meeting April 24, 2018 - Page 8 Seeing no one else wishing to speak, the Mayor closed the public hearing. City Manager Sam Listi thanked the Council for including the P&Z Commission in the process. He also complimented the stakeholders who participated. No action was required of the Council at this time. Work Session 11. Conduct a work session to discuss the City's cost share for right-of-way acquisition and utility relocation for TxDOT's Loop 121 Expansion project, from FM439 to IH-35. City Manager Sam Listi presented an overview of the State Loop 121 Widening Project as shown in Exhibit "A". Mayor Grayson said the widening of Loop 121 is a good thing that has been needed for years, and she is excited that it could happen as early as 2021. Councilmember O'Banion asked when the City would be required to pay its share of the project (approximately $850,000). Mr. Listi replied, "When we sign the agreement and turn it into TxDOT, we have to convey the money." He explained that TxDOT may be receptive to a payment plan, but Mr. Listi said we hope to be in a position to pay it all at one time. Mr. O'Banion expressed concern about paying for the City's portion so far in advance of the project, but Mr. Listi explained that the City's payment is the trigger that starts the project rolling - final design, right-of-way acquisition and utility relocation. Director of Finance Brandon Bozon added that the City's waterline relocation doesn't have to be funded at the time of the contract signing. Councilmember Kirkley said that the beauty of paying the City's portion now is that as other costs rise with time, the City's cost is fixed . Mr. Listi reiterated TxDOT has changed its procedures, and the cost will not increase. No action was required of the Council at this time. 12. Conduct a work session on the Central Avenue Bridge Replacement Project between Pearl and Davis Streets. City Manager Sam Listi presented an overview of the Central Avenue Bridge at Nolan Creek Bridge Replacement project as shown in Exhibit "B". Mayor Grayson said that she understands the City Council and Staff try to be visionaries, but she wondered what benefit a two lane bridge leading to the park and the Finance Department would be. Mr. Listi said there are many options which could result from the study and that he asked the TxDOT representative if the City could Belton City Council Meeting April 24, 2018 - Page 9 decide to stop the process at any time. TxDOT said that the City could stop at any point in the process if City officials determine that the project is not beneficial. Mr. Listi showed pictures of the bridge and how it is showing serious deterioration. Councilmember O'Banion expressed concern for safety around the bridge. No action was required of the Council on this item. Executive Session At 6:30 p.m., the Mayor announced the Council would go into Executive Session for the following item: 13. 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. The Mayor reopened the meeting at 6:58 p.m. , and there being no further business, the meeting was adjourned. ATTEST: Amy M. Casey, City Clerk State Loop 121 Widening Project EXHIBIT "A" City Council Work Session APRIL 24, 2018  State Loop 121 Widening From FM 439 - IH 35 OVERVIEW: High Priority local/regional project, currently estimated at $33M Project in current 3 Year KTMPO listing Funded at $5M in 3rd Year, with KTMPO support for future construction funding Design schematics and first hearing done, with ROW needed from about 100 owners Final hearing pending in 60 days; City cost $848,338.50 plus relocation of water line along Loop 121 State Loop 121 Widening: Need  Proposed State Loop 121 Existing Conditions  Existing State Loop 121 is a four-lane, undivided roadway from FM 439/Lake Road to Sparta Road  From Sparta Road to IH 35, State Loop 121 is generally a two-lane undivided roadway with side drainage ditches.  Proposed State Loop 121 Section FM 439 to Sparta This section of the proposed State Loop 121 project would be 5 lanes, 2 lanes per direction with a center-turn lane from FM 439/Lake Road to Sparta Road. This section would have 14’ right lanes with offsets to the curbs to accommodate vehicles and bicyclists, a 10’ shared use path on the west-side, adjacent to the school, and a 6’ sidewalk on the east-side. Some proposed right-of-way would be required on the west-side from Belton ISD.  Proposed State Loop 121 Sections Sparta to IH 35: This section of the proposed State Loop 121 project would be a 4 lane divided roadway, or 2 lane per direction, with a 17’ wide raised grassy median to accommodate left turn bays. This section would have 10’ shared use bicycle/pedestrian path along the east-side, a 6’ sidewalk on the west-side, and the outer or right lanes would be 14’ wide with offsets to the curbs to accommodate vehicles and bicyclists. There would be some required acquisition of proposed right-of-way along both sides of the roadway in certain areas that would affect approximately 100 parcels.  Next Steps  City approves local cost share Resolution and funds  TxDOT finalizes design, ROW acquisition and utility relocation  City cost for water line relocation determined @ 30% design  Secure KTMPO funding and being construction in 2021/2022 CENTRAL AVENUE BRIDGE AT NOLAN CREEK DOWNTOWN BELTON EXHIBIT "B" COUNCIL WORK SESSION April 24, 2018 Central Avenue Bridge ■ Bridge included in TxDOT’s off system bridge assessment program ■ Bridge repair/replacement identified in FY 2019 Strategic Plan ■ Bridge eligible for repair/replacement in FY 2021, with City action in 2018 approving Advance Funding Agreement ■ TxDOT requires 10% match, and Mesquite/IH 35 Drainage Project has been approved as the City’s local match ■ Cost Estimate to replace bridge: $1,292,000 ■ Replacement involves possibly widening and addition of sidewalks Central Avenue Bridge Assessment ■ Bridge is listed on National Register of Historic Places and will require an environmental assessment to determine if it can be repaired, or if replacement is only realistic option ■ Approval by City of AFA initiates the TxDOT evaluation process ■ Right-of-way (ROW) needs to replace bridge and impacts to existing improvements will be evaluated in process – Impact to Pearl and Davis Street – Impact to FEMA floodplain – Active City water line along bridge and overhead electric will need to be replaced – Impact to existing landscaping Central Avenue Bridge Environmental Assessment Assessment will consider options: – No build – Rehab for traffic – Rehab for traffic and construct one-way bypass – Rehab for pedestrian only and build two-way bypass – Leave as Monument and build two-way bypass – Remove existing bridge and build replacement Central Avenue Bridge Next Steps: a) Address Council questions b) Review AFA as needed c) Return to Council with Resolution in near future for action approving AFA to initiate required bridge studies d) TxDOT will schedule assessment and coordinate with City.