City Council

Belton City Council Meeting May 22, 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 (via videoconference) , Dan Kirkley, Guy O'Banion, John R. Holmes, Sr. , and Wayne Carpenter. Staff present included Sam Listi, Gene Ellis, John Messer, Amy Casey, Brandon Bozon, Chris Brown, Matt Bates, Paul Romer, Bob van Til, Bruce Pritchard, Kim Kroll, Judy Garrett, Charlotte Walker, Cynthia Hernandez, Angellia Points and Cheryl Maxwell. The Pledge of Allegiance to the U.S. Flag was led by Director of Parks and Recreation Matt Bates, the Pledge of Allegiance to the Texas Flag was led by Councilmember Guy O'Banion, and the Invocation was given by Councilmember Dan Kirkley. 1. Call to order. Mayor Marion Grayson called the meeting to order at 5:32 p.m. 2. Public Comments. There were none. 3. Proclamations: A. National Public Works Week: May 20-26, 2018 Director of Public Works Angellia Points was present to receive the proclamation on behalf of the Department of Public Works. She recognized her Staff members in attendance. B. Alzheimer's and Brain Awareness Month - June 2018 Ron McGill, Marketing Rep for the Bell County Walk to End Alzheimer's, was present to receive the proclamation. Mr. McGill encouraged the audience to wear purple on June 2pt in recognition of all those affected by Alzheimer's. 4. Present $2,000 Scholarship from Waste Management, Inc. to a Belton ISO graduating senior. Paul Daugereau of Waste Management presented a $2,000 check to Emily Gaw as the recipient of the 2018 Waste Management scholarship. Consent Agenda Items 5-6 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 the May 8, 2018, City Council Workshop Meeting. Belton City Council Meeting May 22, 2018- Page 2 6. Consider appointments to the following Boards/ Commissions: A. Ethics Commission: Reappoint Mike Miller, Mark Fitzwater, Charla Peters.. Larry Pointer, Craig Hammonds and Nicholas Rabroker. Appoint Bert Peeples. B. Planning and Zoning Commission: Reappoint Rae Schmuck, Lewis Simms, Brett Baggerly, Ty Hendrick and Stephanie O'Banion. Upon a motion by Councilmember Dan Kirkley, and a second by Mayor Pro Tern Craig Pearson, the Consent Agenda was unanimously approved by a vote of 7-0. Planning and Zoning 7. Hold a public hearing and consider the following City-initiated zoning changes on property located along Brenda Lane, south of 1-14 (US 190) and east of FM 1670: Tract 1:From Agricultural to Single Family-3 District on approximately 6.36 acres comprising Lots 1 - 10, Block 1, and Lots 1 - 10 Block 2, 0.T. Tilley Addition; and Tract 2: From Agricultural to Mobile Home District on approximately 3.22 acres comprising Lots 1 - 5, Block 1, Brenda Lane Extension. Director of Planning Cheryl Maxwell explained that the properties along Brenda Lane are residentially developed with a few lots currently vacant. The road terminates in a cul-de-sac where the mobile home uses are located. The proposed zoning would match the existing use with an appropriate zoning district. The surrounding properties are zoned Agricultural District and include Countryside Village Mobile Home Park on the north, single family homes with acreage to the south , west, and east; property to the east is outside the city limits. Mrs. Maxwell said these properties are already platted lots. Tract 1 was platted as O.T. Tilley Addition in 1974. Tract 2 was platted as Brenda Lane Extension in 2000. The lots in Tract 1 are generally 10,000 sq. ft. or more and meet or exceed the area requirements identified for SF3 zoning. The lots in Tract 2 are generally 27,000 sq. ft. (0.6 acre) and meet or exceed the area requirements identified for MH zoning. Sanitary sewer service is not currently available to this area, so septic systems are used, subject to approval by the Bell County Public Health District, and they require a minimum area of 0.5 acre. Lots in Tract 1 are combined to create building sites that satisfy this acreage requirement, and the individual lots in Tract 2 meet this requirement. She added that water service is provided by Dog Ridge Water Supply Corporation. The Future Land Use Map (FLUM) identifies this area as residential which includes the requested SF3 and MH zoning districts. Mrs. Maxwell stated that any request for a building permit must be reviewed and approved by staff to ensure area Belton City Council Meeting May 22, 2018 - Page 3 requirements and design standards are observed . Placement of mobile homes must adhere to requirements identified in Chapter 16 of the Zoning Ordinance which limits placement of mobile homes to one per subdivision lot; anchorage and skirting are also required. At the P&ZC meeting on May 15, 2018, several property owners attended and returned their notification form showing opposition to the proposed rezoning requests. Maxwell stated that the concerns expressed included possible increase in taxes, losing their "grandfathered" status, and compatibility of a proposed single- wide mobile home with existing double-wide mobile homes. Maxwell said property owners were encouraged to consult with the Tax Appraisal District as to whether there would be any change to their taxes resulting from the rezoning of their property. Following staff discussions with Chief Appraiser Marvin Hahn, it is Staffs understanding that a change in use may affect property value and ultimately taxes, but the zone change itself, reflecting current use, will not. Regarding grandfathered status, there appears to be confusion regarding the term "grandfathered" vs. "non-conforming", with many assuming they are protected because of their grandfathered status. The terms actually result in the same restrictions. Neither a grandfathered use, nor a non-conforming use, may be expanded or replaced. On the compatibility issue, the four existing mobile homes are all double-wide. Staff is unaware of any restrictions on the lots in Tract 2 that limit mobile homes to double-wide only. A possible way to do so would be to rezone to a Planned Development District and establish this as a PD condition. However, doing so would not allow the proposed single-wide mobile home and would result in termination of the sales contract. The applicant has indicated that it would be very difficult to place a double-wide mobile home on this lot given the location of the existing water line and future placement of septic system and drain field . The cost of a double-wide mobile home is also considerably greater for the prospective homeowner. The P&ZC considered all comments and information presented. While some felt the proposed rezoning would be beneficial to the property owners for the reasons presented, they did not recommend rezoning the properties without the owners' consent. They opted only to recommend the lot proposed for the new mobile home site for rezoning. Mrs. Maxwell explained that the Council has several options in light of the city- initiated zoning change under consideration : a) Take no action; b) Change the zoning from Agricultural to SF3 and MH as originally proposed ; c) Change the zoning to MH only on the vacant lot proposed for a new mobile home; or Belton City Council Meeting May 22, 2018 - Page 4 d) Change the zoning to PD (Planned Development) MH District, with conditions appropriate to the neighborhood. She added that Staff recommends changing the zoning from Agricultural to MH on the single lot proposed for a new mobile home, as recommended by P&ZC. Councilmember Leigh said that he is not in favor of spot zoning. Councilmember O'Banion said that zoning has nothing to do with ag exemption, and he assumes that those opposed to this zoning change are concerned about losing their ag exemption. Mrs. Maxwell said that the zoning may cause the Appraisal District to take another look at the property, but she did not know for sure. City Manager Sam Listi said that he spoke with Chief Appraiser, Marvin Hahn, who told him that the Appraisal District looks strictly at the use of the property and does not consider the zoning. So this zoning change should have no effect on the property owners' taxes. Councilmember O'Banion asked if the new zoning would prohibit them from having livestock. Assistant City Manager/Chief of Police Gene Ellis said that depending on the distance from the next property, they would be required to have a permit if they are raising chickens. He did not think it would affect any other livestock. City Attorney John Messer added that ag exemption has nothing to do with zoning. Mrs. Maxwell said the Zoning Ordinance does not mention livestock in the MH Zoning District. Councilmember Kirkley asked if the public hearing was for the entire area although the P&ZC recommended only the one lot. Mrs. Maxwell explained that the public hearing notice was for the area. Mayor Grayson opened the public hearing. Sidney Blevins. Solitaire Homes. 6119 S. General Bruce Drive in Temple: Mr. Blevins is the applicant, and he requested favorable consideration in rezoning Block 1, Lot 4, to MH zoning in order to move a single-wide mobile home onto the property. A real estate sales contract is contingent upon this zone change. He explained that a double-wide mobile home would not fit on the property due to a water line running through the property and the location of the septic system. Tom Shuttleworth. 3684 Brenda Lane: Mr. Shuttleworth spoke against the zoning change to MH Zoning. He said that existing manufactured homes in the area are all double-wide, and he does not feel that a single-wide would be appropriate. Seeing no one else wishing to speak, Mayor Grayson closed the public hearing. Belton City Council Meeting May 22, 2018 - Page 5 Councilmember Leigh said that the zoning change should require a conforming use. Councilmember O'Banion asked how far the Council should go to get conforming use? He said that any mobile home should be considered a conforming use regardless if it is a single-wide or a double-wide. Mayor Pro Tem Pearson asked if the City was to zone the area MH, what would the residents no longer be able to do that they are able to do with an Ag zoning? City Manager Listi said that he is not aware of anything that would change related to current uses. Upon a motion by Councilmember Leigh to accept the P&Z and Staff recommendation to rezone the single lot, and a second by Councilmember Kirkley, Item #7, including the following captioned ordinance, was unanimously approved by a vote of 7-0. ORDINANCE NO. 2018-16 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF BELTON BY CHANGING THE DESCRIBED DISTRICT FROM AGRICULTURAL TO MOBILE HOME ZONING DISTRICT ON BLOCK 1, LOT 4 OF THE BRENDA LANE ADDITION WITH DEVELOPMENT TO BE REGULATED UNDER TYPE AREA 4 DESIGN STANDARDS. 8. Hold a public hearing and consider a zoning change from Agricultural to Single Family-1 District on approximately 4.324 acres located the west side of Elmer King Road. just northwest of the intersection of Elmer King Road and Fox Road. Director of Planning Cheryl Maxwell said that a house is located on the southernmost portion of Lot 1. Proposed Lot 2 is undeveloped at this time, and proposed Lot 3 has a residence on it and will retain the Agricultural Zoning District. Proposed Lot 1 totals 2.7 acres, and Lot 2 totals 1.6 acres. Sanitary sewer service is currently not available to this area, so septic systems, subject to approval by the Bell County Public Health District, are proposed in this area and require a minimum area of 0.5 acre. Mrs. Maxwell said that this property is within the City's Water CCN. However, existing water lines for extension to this site are over 300 feet away; therefore, private water wells are allowed on these proposed lots. Private water wells are located on Lots 1 and 3, and Lot 2 has been approved for a future well by the Clearwater Underground Water Conservation District. The Future Land Use Map identifies this area as residential which includes the requested SF1 zoning district. The proposed residential use is consistent with surrounding uses. Belton City Council Meeting May 22, 2018- Page 6 The Planning and Zoning Commission met on May 15, 2018 and unanimously recommended approval of the requested zoning change from Agricultural to Single Family-1 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 Mayor Pro Tern Pearson, and a second by Councilmember O'Banion, Item #8, including the following captioned ordinance, was unanimously approved by a vote of 7-0. ORDINANCE NO. 2018-17 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF BELTON BY CHANGING THE DESCRIBED DISTRICT FROM AGRICULTURAL TO SINGLE FAMILY-1 ZONING DISTRICT ON A 4.324 ACRE TRACT, WITH DEVELOPMENT TO BE REGULATED UNDER TYPE AREA 4 DESIGN STANDARDS. 9. Consider a final plat of Gill Estates, 15.694 acres located on the west side of Elmer King Road, just northwest of the intersection of Elmer King Road and Fox Road. Director of Planning Cheryl Maxwell said that this 3-lot subdivision is proposed for residential use. The general area comprising Lots 1 and 2 was annexed into the city limits in 2004; the remainder in 2016. Lots 1 and 2 were rezoned to Single Family-1 in Item #8. Lot 3 will remain zoned Agricultural, and at 11.369 acres, meets the area requirement for this zoning district. Homes are currently located on Lots 1 and 3, and Lot 2 is undeveloped at this time. Lots 1 and 2 have frontage on Elmer King Road. Lot 3 is located west of these two lots and is accessed via Elmer King Road by a 21' wide strip of land. Mrs. Maxwell summarized the subdivision ordinance requirements as they apply to this subdivision plat. Water: This property is located within Belton's water CCN; however, the nearest water line is approximately 4,500 feet away on the west side of 1-35. City policy allows water wells inside the city limits under certain conditions related to tract size and distance from existing lines. Tracts over 10 acres may have a water well. Proposed Lot 3 meets these criteria. Tracts less than 5 acres may have a well if existing water lines are over 300' away. Lots 1 and 2 meet these criteria as well. Two water wells are currently located on the 15-acre tract, providing service to each of the residences located on proposed Lots 1 and 3. A third well has been approved by the Clearwater Underground Water Conservation District (CUWCD) for drilling in the vicinity of Lot 2. A minimum 2 acres is needed for a well site. With this tract being subdivided, the resulting Lot 2 at 1.6 acres will not meet this minimum area requirement; therefore, CUWCD has advised that in the future, only a replacement Belton City Council Meeting May 22, 2018 - Page 7 well will be allowed conditioned upon plugging the existing well as no more than one well will be allowed on the lot. A note to this effect will be placed on the subdivision plat. There is no water infrastructure in this vicinity to support fire hydrants and provide fire protection. In the event of a fire, water tanker trucks will be needed to suppress the fire. Therefore, a variance for the provision of fire hydrants is requested. A variance is also needed for fire truck access to Lot 3. An impervious surface is required. The applicant is requesting a variance to allow the existing gravel driveway. Staff supports the requested exception, given the long length of the driveway at approximately 1,000 feet. Sewer: There is no sanitary sewer service available to this property. Septic systems are existing on Lots 1 and 3, and proposed for Lot 2, subject to approved by Bell County Public Health District. Drainage: Portions of all three lots are located in the flood plain. Fill will be needed to raise the finished floor elevation of the building site on these lots 18 inches above the flood plain elevation. Minimum floor elevations for residential buildings are provided on the plat. Streets: The Thoroughfare Plan identifies Elmer King Road Road as a minor arterial street with a required ROW width of 80' - 100'. Current ROW is approximately 62' leaving 38' needed to achieve the 100'. This would require a dedication of 19' from this applicant. They are requesting a variance to reduce the dedication to 1O'. Staff has reviewed the ROW needs and believes the majority of ROW will be needed from the property on the east side of Elmer King Road to smooth out the current curve in the roadway. Therefore, Staff supports the requested reduction in ROW dedication. Regarding perimeter street improvements, the Subdivision Ordinance requires the developer to contribute one half the total cost of paving with curb and gutter for the portion of roadway adjacent to this plat, in this case, Elmer King Road. An exception to this requirement is requested. The Subdivision Ordinance allows waiver of this requirement for single family developments not exceeding 3 lots. Staff supports the requested variance. Sidewalks: The Subdivision Ordinance requires the developer to construct and install a 6-foot wide sidewalk along the subdivision side of arterial streets. This requirement applies to Elmer King Road. A variance to this requirement is requested. Staff concurs with the variance request due to the following factors: this development consists of only three large lots with existing residential development on two, so there is minimal additional impact to the area; there are currently no sidewalks along this roadway, and there does not appear to be a need given the rural nature of this area, until improvements to this roadway are implemented; and improvements are not scheduled at this time. 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. One acre for each 100 new dwelling Belton City Council Meeting May 22, 2018 - Page 8 units projected is required. With only three lots the dedication would be 0.3 acres, which is considerably short of the minimum two acres desired for dedication. The fee in lieu of dedication is $200/lot which would be $600 for this subdivision. A variance to the parkland dedication/fee is requested. Staff concurs with the variance request since there are no plans to develop a public park in this vicinity at this time and these three lots are large with ample open space available on each to satisfy the needs of the lot owners. The Planning and Zoning Commission met on May 15, 2018 and unanimously recommended approval of the final plat of Gill Estates, subject to the conditions below, and Staff concurs with their recommendation . a) Variance for provision of fire hydrants and impervious access for fire protection b) Variance to allow reduction in ROW for Elmer King Road from 19' to 1O' c) Variance for perimeter street improvements and sidewalk for Elmer King Road d) Variance for parkland dedication/fee e) City's Letter to Applicant dated May 7, 2018. Councilmember Leigh suggested that Staff consider defining a rural collector or rural arterial roadway so Council doesn't have to consider variances for rural development. Councilmember Holmes asked if there were any concerns with drainage since a majority of the property is in the floodplain. Director of Public Works Angellia Points stated that the property owner has been made aware that the property is in the floodplain, and it will require building 18 inches above the floodplain elevation. Upon a motion for approval , including approval of the variance requests, by Councilmember Kirkley, and a second by Councilmember Leigh, Item #9 was unanimously approved by a vote of 7-0. 10. A. Hold a public hearing and consider a preliminary/final plat of Dawson Ridge Addition, 71.368 acres including a replat of Lots 1 through 5 of Amending Plat Dawson Ranch Dawson Ranch Regatta Oaks HOA Addition, located south of FM 439 and west of Dunn's Canyon Road, in the vicinity of Spring Canyon and Canyon Heights Roads. Mayor Grayson announced that she was abstaining on items 1OA and 1OB. She relinquished control of the meeting to Mayor Pro Tem Pearson and left the room. Director of Planning Cheryl Maxwell explained that a final plat of Dawson Ridge Addition was approved by the Belton City Council on January 24, 2017; however, the plat was never recorded. A final plat of Dawson Ranch Regatta Oaks HOA was also approved by the Belton City Council on February 24, 2015, and was administratively amended on April 30, 2015. This new version of Dawson Ridge Addition consists of the same area previously platted under this name, plus a replat of lots 1 - 5 of Dawson Ranch Regatta Oaks HOA Addition. Belton City Council Meeting May 22, 2018 - Page 9 Mrs. Maxwell said that the City of Belton owns Lot 1 of Dawson Ranch Regatta Oaks HOA Addition which is being replatted as part of Dawson Ridge Addition. This tract was recently divided and is in the process of being sold with the City retaining 1.67 acres for a future water tank site. The remaining portion is under contract to Quadruple Bogey Development and is incorporated into this subdivision for single family lots generally covering proposed Lots 7-10 Block 10, and northern portion of Lot 1, Block 11 . She added that the sales transaction must be completed before this plat is recorded. This subdivision consists of 142 lots proposed for single family residential and townhome development, and 9 tracts proposed for public/common use to include ROW, easements, drainage infrastructure, city water tank site, and common areas. Maxwell said the property was rezoned in March 2018 to Single Family-2 and Patio Home Zoning Districts to accommodate the revised lot configuration. The proposed lots meet the area requirements for the respective zoning districts. Mrs. Maxwell summarized the subdivision ordinance requirements as they apply to this subdivision plat. Water: This subdivision is located in the 439 Water Supply Corporation CCN who has confirmed they are able to serve this subdivision. The applicant is required to extend 8" water lines throughout the subdivision to satisfy City of Belton Fire Code minimum flow requirements of 1,000 gpm following recent flow tests which indicated proposed 6" lines were inadequate. Sewer: City of Belton sewer will serve this subdivision. The applicant proposes to extend 8" sewer lines throughout the subdivision. Tract B located on the west side of future Spring Canyon Road, is proposed to contain a lift station. Once the lift station is constructed and all inspections are approved, the City of Belton will be responsible for maintenance. Drainage: A major change proposed in this subdivision is on-site drainage detention ponds proposed to be located on Tracts A, D, and G. The Drainage Report is under review and details are being worked out with the applicant's engineer. After construction and approval, the drainage infrastructure will be owned and maintained by the City. Streets and Sidewalks: Currently, Chisholm Trail Parkway pavement ends at Spring Canyon Road . The developer is proposing to extend Chisholm Trail Parkway westward to Waggoner Drive and connect Canyon Heights Road to Chisholm Trail Parkway. The collector street portion of this Chisholm Trail Parkway will end at Spring Canyon Road and transition from a 37' wide collector street into a 31' wide local street with curb and gutter. Mrs. Maxwell explained that according to the subdivision ordinance, subdivisions with over 100 lots are required to have three entrances. This subdivision includes 142 lots. The subdivision as a whole is meeting this requirement with access Belton City Council Meeting May 22, 2018- Page 10 provided by Chisholm Trail Parkway, Canyon Heights Road and Spring Canyon Road. The access requirement is intended to address concerns with traffic flow as well as emergency vehicle access. If between 51 and 100 lots, 2 access points are required. Due to the lot layout approved previously in 2017, the 61 lots located at the western end of this subdivision have only one access point. The possible extension of Chisholm Trail westward to the western property line was discussed with the applicant with this plat review, since a potential development is in the works along this western edge, and a connection could be made. This additional connection would provide an additional access point for these lots. The applicant does not wish to extend the roadway and is requesting a variance to the two- access points for these 61 lots. The applicant has pointed out that this layout was previously approved in 2017 with only one access point. Also, there is a gas easement approximately 65' wide that runs from Waggoner Drive to the western property line that the applicant feels could be used for emergency vehicle access to these lots if needed. Chisholm Trail Parkway is shown on the Thoroughfare Plan as terminating at Spring Canyon Road, and the applicant has already extended the roadway farther westward than shown on the plan. Although it may be desirable to have this additional connection, Staff does not object to the variance request. Maxwell added that Spring Canyon Road is identified on the Thoroughfare Plan as a future minor collector running north/south, ultimately connecting between FM 439, Sparta Road, and 1-14/US 190. A minor collector requires a minimum ROW width of 60' with 37' wide pavement, curb and gutter, and sidewalks along both sides. Under the Subdivision Ordinance, the applicant is responsible for extending this roadway from its current termination point at Chisholm Trail Parkway southward through this subdivision to the southern boundary. In contrast to the 2017 approved plat, the lots in this subdivision have been reconfigured so that they back onto this roadway; no access to these lots is proposed from Spring Canyon Road. Yet, it is the applicant's responsibility to extend the roadway since it lies within the plat boundary. The applicant is dedicating 80' of ROW for future extension of the roadway and the City water transmission line extending south from the water tank site, but is requesting a variance to the requirement to construct the roadway and sidewalks. The applicant proposes this variance due to a 50' drop in elevation at the southern boundary of this property which continues southward, making the feasibility of extending the roadway in this vicinity uncertain at this time. Staff does not object to the variance request due to the extreme changes in topography, the uncertain alignment of this roadway in the future, and the uncertain construction time frame. Parkland Dedication/Fee: According to the Subdivision Ordinance, each residential subdivision is required to dedicate sufficient and suitable parkland and/or payment of fees-in-lieu of required parkland. This 142-lot subdivision would result in a 1.42 acre dedication or $28,400. The applicant is requesting a variance to this requirement. Consistent with previous phases of the Dawson Ranch development, the applicant is proposing to construct a 6' wide concrete shared use path along the north side of Chisholm Trail Parkway to Waggoner Drive, and Belton City Council Meeting May 22, 2018 - Page 11 convey Tracts E, F, G and H to the City of Belton for current and future extension. The developer will construct a bulb-out turnaround on Tract G to allow for bike and pedestrians to turn around where the pathway ends at Waggoner Drive. Tract H will allow for a future extension to the west. This concrete shared use path extension will provide a substantial benefit to the Belton community. The shared use path will be maintained by the City, and the landscaping along the path will be maintained by the HOA. In conjunction with the proposed shared use path, the developer is planning to provide a swimming pool and pavilion on Tract C, which will be maintained by the HOA. Staff finds the applicant's proposal to satisfy the parkland dedication/fee satisfactory and supports the requested variance. Tree Preservation: The plans show removal of two Heritage Trees that are in good condition with a total inch count of 61. Half of the required mitigation, 30.5", will be satisfied with existing tree credit. The applicant agrees to plant a minimum of eleven 3" caliper trees throughout the subdivision to satisfy the remaining requirement, and the plans will be revised to reflect this. Staff has reviewed the plat and finds it acceptable, subject to conditions contained in the letter to the applicant's engineer dated May 11, 2018. The Planning and Zoning Commission met on May 15, 2018, and unanimously recommended approval of the preliminary/final plat of Dawson Ridge Addition, subject to the following conditions, and Staff concurs with their recommendation. 1. Variance to allow one access point for 61 lots 2. Variance for construction of Spring Canyon Road 3. Variance for parkland dedication/fee 4. City's Letter to Applicant's Engineer dated May 11, 2018. 5. Approval of revised development agreement (Item #1 OB) 6. Closing on sale of property from City to developer and payment of $84,375 to City prior to final plat signatures and plat recordation. Mayor Pro Tern Pearson opened the public hearing. Jared Bryan, Quadruple Bogey Development, spoke as a representative of the applicant. Mr. Bryan said the previous version of this subdivision was approved by the Council approximately 18 months prior, but the plat was not recorded because there were outstanding issues with drainage to be resolved. He added that if the Council now requires Chisholm Trail Parkway to be extended to the western property line, the developer will need to go back to the drawing board to reconfigure the subdivision again. Councilmember O'Banion asked what was the likelihood of development on the western edge of the property. Mr. Bryan stated that the property has been purchased by another developer who has presented a preliminary drawing to the Belton City Council Meeting May 22, 2018- Page 12 City for development of the property. He added that the property is outside the City limits. Councilmember Holmes asked how the Fire Department would get access to the easement. Mr. Bryan responded that the easement is 100 feet wide and is maintained frequently to ensure that it is clear due to the Atmos gas line contained within. Seeing no one else wishing to speak, Mayor Pro Tern Pearson closed the public hearing. Councilmember O'Banion expressed concern with not requiring the extension of Chisholm Trail Parkway to the western plat boundary since there is a possibility of a development occurring in that western area. Councilmember Leigh recommended that Staff send notices to the property owners whose properties are abutting the area where the new water tower will be located, letting them know what the property will be used for. Councilmember O'Banion said that he doesn't want to do anything to impede development, but he is concerned that this is the only opportunity for connectivity to a future western development. Mayor Pro Tem Pearson asked what the Thoroughfare Plan shows. Mrs. Maxwell said that it shows Chisholm Trail Parkway ending at Spring Canyon Road. Mr. Bryan said that connectivity to the future western development will be made with the walking trail, and in the future, the City could possibly create a roadway over the Atmos gas line. However, requiring the extension of Chisholm Trail Parkway to the western property line at this time will essentially kill this development. Upon a motion by Councilmember Kirkley for approval including the requested variances, and a second by Councilmember Holmes, Item #1 OA was unanimously approved by a vote of 6-0-1 with Mayor Grayson abstaining. B.Consider authorizing the City Manager to execute a Development Agreement associated with Dawson Ridge Addition, located south of FM 439 and west of Dunn's Canyon Road, in the vicinity of Spring Canyon and Canyon Heights Roads. Director of Planning Cheryl Maxwell explained that this item would authorize a development agreement between the City, Quadrupole Bogey Development LLC, and Regatta Oaks/Dawson Ranch HOA Inc. concerning the proposed Dawson Ridge Addition containing 142 residential lots and 9 tracts for public/common use to include ROW, easements, drainage structures, city water tank site, and common areas. Belton City Council Meeting May 22, 2018 - Page 13 Mrs. Maxwell explained that a development agreement between the applicant, the City and the HOA was approved by the City Council in April 2017 along with the previous plat approval, but the agreement was not executed. A revised agreement is proposed with only a slight modification since Spring Canyon Road is not being constructed. A. The Developer agrees to do the following: (1) Provide 50 linear feet of 30" domestic steel casing with 0.50-inch wall thickness. (2) Design and construct a 6-foot wide concrete hike and bike trail along the north side of Chisholm Trail Parkway, from Spring Canyon Road to just west of Canyon Heights Road on Tracts E, F, and G of the Dawson Ridge Addition to satisfy the parkland obligation for this development. (3) Warranty built trail improvements for one year from date of acceptance by the City for this trail construction. (4) Install irrigation, weed barrier, and mulch where desired at trail bump-outs. B. The HOA agrees to do the following: Install landscaping and provide maintenance of flower beds and grassy areas along the trail in compliance with Atmos' Hello Neighbor Policy, including the option for periodic change in landscaping also in conformance with Policy. C. City agrees to do the following: (1) Reimburse developer for 50 linear feet of 30" domestic steel casing with 0.50-inch wall thickness for the City of Belton 16" waterline extension, for a cost not to exceed $13,225. Cost reimbursed per linear footage will be $264.50 for casing installed. (2) Maintain the completed trail improvements on Tracts E, F, & G of the Dawson RidgeAddition. Councilmember Leigh suggested that Staff review and update the Thoroughfare Plan in this area. Upon a motion by Councilmember Holmes, and a second by Councilmember O'Banion, Item #108 was unanimously approved by a vote of 6-0-1 with Mayor Grayson abstaining. Mayor Grayson returned and resumed control of the meeting. Miscellaneous 11. Consider adoption of an ordinance amending Article II, Chapter 23, Section 23- 36 of the Code of Ordinances regarding minimum water main standards. Belton City Council Meeting May 22, 2018- Page 14 Director of Public Works Angellia Points explained that with the adoption of the revised Design Manual, there are conflicting requirements in Chapter 23, Article II, Section 23-36 of the Code of Ordinances regarding minimum water main sizing and hydrant spacing that will need to be addressed. She said because of the conflict, Section 23-36 is proposed to be deleted and replaced with the following in order to be consistent and clear on the requirements for water line sizing and fire hydrant requirements. (a) The minimum water main size for all uses shall be per the latest adopted fire code and latest adopted design manual. (b) Fire hydrant spacing shall adhere to the latest adopted fire code and latest adopted design manual, whichever is more stringent. Upon a motion by Mayor Pro Tern Pearson, and a second by Councilmember Carpenter, Item #11 was unanimously approved by a vote of 7-0. 12. Hold a public hearing and consider an ordinance adopting Chapter 25 as the Stormwater Management in the Code of Ordinances regarding the City's standards for stormwater runoff and stormwater quality. Director of Public Works Angellia Points said the Texas Commission on Environmental Quality (TCEQ) Rules and Regulations for Municipal Separate Storm Sewer Systems (MS4) state that a municipality must develop and implement a stormwater ordinance to properly enforce the rules and regulations of the State for all connections to and discharged to the MS4. She said that most items of this stormwater ordinance are already being enforced through the development review and inspection processes, but TCEQ requires the City to adopt the ordinance to make the processes and requirements formal. Mrs. Points explained that the stormwater ordinance requires development to maintain a net zero increase in stormwater runoff. With construction of any type within the City limits and the City's ETJ that disturbs more than one (1) acre of land, a stormwater pollution prevention plan is required and must be followed to ensure property erosion control is implemented. Erosion control measures must stay in place until 70% of vegetation is established. Mayor Grayson asked how a developer will maintain a net zero increase when constructing a new road. Mrs. Points explained that the developer will also put in a detention pond which would alleviate the increase in stormwater runoff. A drainage management plan is required for anything that disturbs more than one (1) acre in order to show how post-development stormwater runoff will not exceed pre-development conditions. Mayor Grayson opened the public hearing. Seeing no one wishing to speak, she closed the public hearing. Belton City Council Meeting May 22, 2018 - Page 15 Upon a motion by Councilmember O'Banion, and a second by Councilmember Holmes, Item #12 was unanimously approved by a vote of 7-0. 13. Hold a public hearing to receive input regarding the following Code updates: •2015 International Building Code •2015 International Existing Building Code •2015 International Residential Code •2015 International Energy Conservation Code •2015 International Mechanical Code •2015 International Plumbing Code •2015 International Fuel Gas Code •2015 International Property Maintenance Code •2015 International Swimming Pool and Spa Code •2014 National Electrical Code Director of Planning Cheryl Maxwell said in 2017, the City received an Insurance Service Organization (ISO) Building Code Effectiveness Grading Schedule (BCEGS) evaluation. Staff was advised that the 2009 Building Codes and 2011 Electrical Code are in need of updating to current 2015 International Building and 2014 National Electrical Code in order to preserve the City's ISO Rating of Class 5 for 1 and 2 Family Residential Properties and Class 4 for Commercial and Industrial properties. Mrs. Maxwell said the ISO Rating contributes to a community's insurance pricing, with the lower number, the better. Without adoption of the updated codes, the City is subject to a downgrade to a Class 9 rating , which could be reflected in future rates. In response to the evaluation last year, Staff worked with the BCEGS Agency in an effort to maintain our current ISO ratings and agreed to present the latest updated codes for Council adoption by June 2018. Maxwell explained that these Codes are already in place in area cities of Killeen, Harker Heights, Morgan's Point, and Georgetown, but not in Temple or Salado, at this time. Mrs. Maxwell added that many of the local contractors are already complying with the updated codes since several surrounding cities have adopted them. Adopting the 2014/2015 codes will ensure consistency between the building codes and the City' Fire Code which was recently update to the 2015 version as well. A council briefing summarizing the proposed changes was provided on May 81h and a public workshop was held on May 17th. At the workshop, TABA Governmental Affairs Director, Marty Janczak, presented TABA's recommendations which are being analyzed by Staff. Mayor Grayson said that she remembered a couple of issues raised during the workshop presentation that the Council was concerned about. Mrs. Maxwell explained that the two issues dealt with the duct test and the blower door test. She Belton City Council Meeting May 22, 2018 - Page 16 added that Staff is recommending that Council adopt the Code implementing these two tests for new construction , but exempting existing structures from the requirement. Mayor Grayson opened the public hearing. Marty Janczak, Governmental Affairs Director for Temple Area Builders Association , spoke in favor of adopting the new codes. He said that the majority of contractors are already following these codes. However, he added that the Council is allowed to amend the Codes as it sees fit. He provided a list of TABA's suggested modifications to the 2015 Codes. Seeing no one else wishing to speak, she closed the public hearing. No other action was required of the Council at this time. 14. Consider authorizing the City Manager to renew the pipe bedding and road base contracts for the annual construction materials for infrastructure projects for one year, 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 the City enters into an annual contract with a construction company or materials provider to have access to items such as hot mix asphaltic concrete (HMAC), construction of sidewalks, bedding materials, and crushed limestone road base. The materials are used for typical maintenance work, internal capital improvement projects, and other miscellaneous work that the City participates in. In addition to these materials, Public Works provides the excavation , preparation of right-of-way, preparation of subgrade, processing of limestone base, traffic control, and final site restoration . Mrs. Points explained that on May 9, 2017, contracts were awarded to the following firms, with two one-year extensions possible: • Concrete - Dixon Paving • HMAC - Oldcastle-Wheeler • Pipe Bedding - Lonestar Grading and Materials • Road Base - Lonestar Grading and Materials She said that Staff wishes to renew the contracts for pipe bedding and road base only. The contracts for HMAC and concrete will be reworked , advertised, and bid in the upcoming weeks. The HMAC contract will need to include a line item for the City to purchase and pick-up HMAC directly without going through the supplier. The concrete contract will need to include turn-key sidewalk and curb construction, which is different from the current contract. As done in previous years, materials are ordered on an as-needed basis. The City reserves the right to reduce quantities and/or the total contract amount at the sole Belton City Council Meeting May 22, 2018 - Page 17 discretion of the City. Due to this stipulation , the approved amounts do not represent the absolute cost of the contract, but are guaranteed unit prices from the company for stated quantities. Upon a motion by Councilmember Holmes, and a second by Councilmember O'Banion, Item #14 was unanimously approved by a vote of 7-0. 15. Consider adopting a resolution authorizing the City Manager to execute an Advanced Funding Agreement with the Texas Department of Transportation for a Transportation Alternatives Set Aside Program relating to the South Belton Shared Use Path Project. Grants and Special Projects Coordinator Bob van Til explained that the purpose of this resolution is to authorize the City Manager to enter into an Advance Funding Agreement (AFA) with the Texas Department of Transportation for the 2017 Transportation Alternatives Set Aside Program (TASA) in order to build the S. Belton Shared Use Path. Mr. van Til said that Texas Transportation Commission approved this grant in October 26, 2017, and it will provide a 12-foot wide concrete shared use path from the existing path in Confederate Park to the existing sidewalks on FM 436 at S. Wall Street. The proposed shared use path will also extend under IH 35 to the east right of way line of the interstate, then extend south to FM 436 and then farther east to S. Wall Street. He explained that the project budget is an estimated $1,790,570. The grant amount is $1 ,432,456 with a local match of $358,114. Mr. Listi added that there is enough funding available in TIRZ to fund the entire local match. The AFA document is being finalized by TxDOT's Contract Department. This resolution is needed to obtain approval so that it can be sent to the City for signatures and project initiation. Mr. van Til said that the project is expected to be complete in 2021 . Councilmember Leigh expressed concern for vehicles driving on a dirt path to access Crossroads Church, and if vehicular traffic crosses this shared use path, it may need to be designed to withstand the weight of the vehicular traffic. Upon a motion by Councilmember Carpenter, and a second by Councilmember O'Banion, Item #15 was unanimously approved by a vote of 7-0. Executive Session At 7:28 p.m., the Mayor announced the Council would go into Executive Session for the following items: 16. 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 Belton City Council Meeting May 22, 2018- Page 18 authority contained in Section 551.071, consultation with attorney regarding pending or contemplated litigation. 17. 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 7:49 p.m., and there being no further business, the meeting was adjourned. ATTEST: Ma~-