City Council

Belton City Council Meeting November 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, John R. Holmes, Sr. and Wayne Carpenter. Councilmembers Guy O'Banion and Dan Kirkley were absent. Staff present included Sam Listi, Gene Ellis, John Messer, Amy Casey, Brandon Bozon, Ryan Brown, Matt Bates, Paul Romer, Bob van Til, Wes Gilbreath, Kim Kroll, Judy Garrett, Angellia Points, Charlotte Walker, Cheryl Maxwell and Cynthia Hernandez. The Pledge of Allegiance to the U.S. Flag was led by Director of Public Works Angellia Points, the Pledge of Allegiance to the Texas Flag was led by Councilmember Wayne Carpenter, and the Invocation was given by Bryan Davis of First Responders Fellowship. 1. Call to order. Mayor Marion Grayson called the meeting to order at 5:31 p.m. 2. Public Comments. Mat Naegele, 3501 Canyon Heights, said he is the Chairman of the Advisory Committee for the Salvation Army. He explained that the Salvation Army needs volunteer bell ringers. He encouraged the City Staff, as well as each person at the meeting, to volunteer their time to help. 3. Presentation of lifesaving awards to John Bigham and Michael Cummins. Chief Ellis explained that on September 30, 2018, Belton Police and Fire units responded to Schoepfs BBQ in reference to a man choking and unconscious. John Bigham and Michael Cummins, who were dining at the restaurant, assisted the victim, Perry Brown, by performing the Heimlich maneuver and a finger sweep to remove food so he could breathe. Chief Ellis said that if it were not for the actions of everyday heroes like John Bigham and Michael Cummins, Mr. Brown would most likely not be with us today. He presented them with Lifesaving Medals. 4. Recognitions: a. Recognize the Finance Department for receipt of the Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 2017. City Manager Sam Listi recognized Director of Finance Brandon Bozon and Assistant Director of Finance Susan Allamon, as well as the Finance Staff, for receiving the Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 2017 from the Government Finance Officers Association of Texas. This is the 32 nd consecutive year the Finance Department has received this award. Belton City Council Meeting November 13, 2018- Page 2 b. Recognize City Manager Sam Listi for receiving his 40 year service award from ICMA. Mayor Marion Grayson said that City Manager Sam Listi was recently recognized by the International City Management Association for forty years of service in City government management. She congratulated Mr. Listi on this recognition, and thanked him for his 17 years of service to the City of Belton. 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 minutes of October 23, 2018, City Council Meeting. 6. Consider appointment to the Belton Economic Development Corporation Board of Directors. (Joe Shepperd) Upon a motion by Councilmember Leigh and a second by Mayor Pro Tern Pearson, the Consent Agenda was unanimously approved by a vote of 5-0. Regular Agenda 7. Hold a public hearing and consider an ordinance amending Chapter 22, Article VI, Sections 22-106 through 22-108 of the Code of Ordinances regarding traffic schedules and speed limit regulations. Director of Public Works Angellia Points explained that Chapter 22 of the Code of Ordinances relating to traffic schedules and speed limit regulations needs to be amended. She said that after the installation of traffic control devices, an ordinance will need to be passed in order to enforce penalties. Moving forward, Staff will propose such ordinance twice a year as new subdivisions and new signs are installed. She said that this particular ordinance amends the Code of Ordinances to allow for a new Schedule A as follows: • A stop sign at the northeast corner of E 13th Avenue facing east at its intersection with North Beal Street. • A stop sign at the southwest corner of E 13th Avenue facing west at its intersection with North Beal Street. • A stop sign at the northeast corner of W Ave D facing east at its intersection with Mitchell Street. • A stop sign at the southwest corner of W Ave D facing west at its intersection with Mitchell Street. Belton City Council Meeting November 13, 2018- Page 3 She added that the penalty section needs to be amended as follows: Sec. 22-107. - Penalty. (a) Any person , corporation or association violating any provision of this Ordinance shall be deemed guilty of an offense, and upon conviction shall be punished by a fine not to exceed Five Hundred Dollars ($500). The violation thereof shall be deemed a separate offense, and shall be punished accordingly. (b) The driving or operating of any motor vehicle on or along any portion of a public street of the City at a rate of speed that is greater than the maximum rate of speed fixed by this traffic code shall be a violation of this traffic code. Any person convicted of violating any of the provisions of this chapter shall be guilty of a misdemeanor known as the offense of speeding and shall, upon conviction, be fined in an amount not to exceed $200. (c) Any person convicted of an offense under this chapter of this code, or an offense under Section 545.066, Texas Transportation Code, while driving or operating a motor vehicle within a school zone as described in this code, shall, upon conviction, pay as court costs $25 in addition to other taxable court costs. (d) The money collected under this subsection shall be collected in the same manner that other fines and taxable court costs in the case are collected; and (e) Above notwithstanding, it shall not be a defense in a prosecution under this traffic code that there was no sign, or that such sign was not sufficiently legible or in a proper position to be seen by the defendant or by an ordinarily observant person. Mayor Grayson asked if this was a new law because she doesn't remember approving ordinances like this before, and she has been on the Council since 2004. City Attorney John Messer explained that this is not a new law, but it is something that is needed in order to enforce the fines that are included for disobeying the traffic control devices. City Manager Listi said a sign inventory will be conducted and an ordinance will be presented to Council to approve those that have not previously been approved. Mayor Pro Tem Pearson asked about the language, "it shall not be a defense in a prosecution under this traffic code that there was no sign , or that such sign was not sufficiently legible or in a proper position to be seen by the defendant or by an ordinarily observant person." He asked how the City is able to enforce it if there is no sign. City Attorney John Messer said that there are instances where a sign is not present, but law dictates the speed or other traffic control measure such as a line painted on the street. Mayor Grayson opened the public hearing. Seeing no one wishing to speak, she closed the public hearing. Councilmember Leigh asked about the fines stating "not to exceed ." He asked if this is the maximum or is there a provision for an escalation in the event someone fails to Belton City Council Meeting November 13, 2018 - Page 4 pay the fine. Mr. Messer said this is in line with State statutes and is the most that can be charged for these type of offenses. He said if someone doesn't pay, that is considered a separate offense and is handled separately. Upon a motion by Councilmember Holmes, and a second by Councilmember Leigh, Item #7, including the following captioned ordinance, was unanimously approved by a vote of 5-0. ORDINANCE NO. 2018-37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELTON, TEXAS, AMENDING CHAPTER 22, ARTICLE VI, SECTION 22 OF THE CODE OF ORDINANCES, ADDING SCHEDULE A REGARDING STOP SIGNS IN CITY STREETS, AND ADDING A PENALTY CLAUSE FOR A VIOLATION OF CHAPTER 22; REPEALING ALL ORDINANCES TO THE EXTENT THEY ARE IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 8. Consider approval and recordation of non-annexation Development Agree- ments for properties owned by the Dickson Family including: # PROPERTY OWNER(S) PROPERTY ID 1 DICKSON , CHESTER E ETUX LINDA DIANE 29291 2 DICKSON, CHESTER E ETUX LINDA DIANE 29292 3 DICKSON, CHESTER E ETUX LINDA DIANE 29288 4 DICKSON, CHESTER E ETUX 29278 5 DICKSON, CHESTER E ETUX LINDA DIANE 29283 6 DICKSON, CHESTER E 29274 7 DICKSON, CHESTER E ETUX LINDA DIANE 29282 8 DICKSON , CHESTER E 29276 9 DICKSON , CHESTER E ETUX LINDA DIANE 29285 10 DICKSON, CHESTER E ETUX LINDA DIANE 10240 11 DICKSON, CHESTER E ETUX LINDA DIANE 29286 12 DICKSON, CHESTER E ETUX LINDA 25237 13 DICKSON, CHESTER E ETUX LINDA DIANE 123231 14 DICKSON , CHESTER E ETUX LINDA DIANE 124431 15 DICKSON, CHESTER E ETUX DIANE M 8672 16 DICKSON, CHESTER E ETUX LINDA DIANE 29280 17 DICKSON, CHESTER E ETUX LINDA DIANE 29279 18 DICKSON, CHESTER E ETUX LINDA DIANE 38071 19 DICKSON , CHESTER E ETUX LINDA DIANE 168881 20 DICKSON, CHESTER E ETUX LINDA DIANE 49350 21 DICKSON, CHESTER E ETUX LINDA DIANE 419292 Belton City Council Meeting November 13, 2018- Page 5 22 DICKSON , CHESTER E ETUX LINDA DIANE 419293 23 DICKSON, CHESTER E ETUX LINDA DIANE 419294 24 DICKSON, CHESTER E ETUX LINDA DIANE 587 25 DICKSON, CHESTER E ETUX LINDA DIANE 107623 26 DICKSON , CHESTER E ETUX LINDA DIANE 471161 27 DICKSON, CHESTER E ETUX LINDA DIANE 477158* 28 DICKSON, CHESTER E ETUX LINDA DIANE 107618 *Part of Property ID 114064 that was divided and purchased by another entity in 2017. Director of Public Works Angellia Points said that the property owners, Mr. and Mrs. Dickson, representing 28 parcels, are requesting to sign Non-Annexation Development Agreements for a 10-year period. She explained that a 10-year term is consistent with the surrounding , existing non-annexation development agreements. The Dicksons have made this request as a condition for providing a waterline easement to the City of Belton for the North Belton Waterline Project that will connect the proposed third elevated storage tank to the transmission line from BCWCID No. 1. The Agreement represents tracts located just along Sparta Road, south of FM439, and west of Wheat Road. Mr. and Mrs. Dickson have acquired properties with existing development agreements that were signed in 2016. The following properties that were purchased by the Dickson Family currently have approved and recorded 2016 non-annexation development agreements. CURRENT DEVELOPMENT PROPERTY AGREEMENT # PROPERTY OWNER($) ID EXPIRATION DATE 18 DICKSON , CHESTER E ETUX LINDA DIANE 38071 November 22, 2026 19 DICKSON , CHESTER E ETUX LINDA DIANE 168881 November 22, 2026 20 DICKSON, CHESTER E ETUX LINDA DIANE 49350 November 22, 2026 26 DICKSON, CHESTER E ETUX LINDA DIANE 471161 November 22, 2026 27 DICKSON, CHESTER E ETUX LINDA DIANE 477158* November 22, 2026 *Part of Property ID 114064 that was divided and purchased by another entity in 2017. Mrs. Points said the 2016 development agreements are recommended to be replaced by the proposed development agreement, creating a new term starting November 22, 2018, and expiring November 22, 2028. Points added that Non-Annexation Development Agreements provide the bridge to timely annexation and development, and will trigger a consideration for voluntary annexation when , and if, development is desired and , until that time, the City will have no obligation for Municipal Services on these properties. The Development Agreements will be recorded with the County following approval by Council. Belton City Council Meeting November 13, 2018- Page 6 Upon a motion by Councilmember Leigh and a second by Mayor Pro Tern Pearson, Item #8 was unanimously approved by a vote of 5-0. Miscellaneous 9. Consider authorizing the City Manager to execute a change order for Phase I of the Temple-Belton Wastewater Treatment Plant Expansion Proiect. Director of Public Works Angellia Points reminded the Council that the Temple- Belton Wastewater Treatment Plant (TBWWTP) is owned by the Cities of Temple and Belton, and is permitted to treat 10 million gallons per day (MGD) of wastewater. Temple and Belton share capital improvement costs at 75% and 25%, respectively. Both cities have contracted with the Brazos River Authority to operate the facility. The plant was constructed in 1975, expanded in 1990, and currently treats wastewater from approximately 70% of Temple and all of Belton. Mrs. Points said on September 12, 2017, Council awarded a construction contract to Archer Western in the amount of (Belton's share) $3,277,500 with deductive Change Order No. 1 in the amount of (Belton's share) -$246,895.50. The net contract amount awarded for Belton's share was $3,030,604.50. The total contract amount award by both Belton and Temple to Archer Western was $12,122,418. She added that in April 2018, Staff approved Change Order No. 2 in the amount of $15,722.74 (Belton's 25% share) for changes made in the field due to the existing force main pipe material change. She explained that the attached proposed Change Order #3 is necessary due to unknown conditions discovered during construction, as well as an item to accommodate future Phase 2 construction. Proposed Change Order #3 totals $460,881.53 of which $115,220.38 is Belton's 25% share. This Change Order No. 3 and the previous change orders result in a total contract of $12,646,190.50. Time allotted for the additional construction activities is 45 calendar days, and funding is available from the Water and Sewer Capital Fund. Mrs. Points said that the City of Temple reviewed the proposed change order on October 18, 2018, and executed their share. Project Engineer Tommy Valle of KPA Engineers explained each of the proposed changes. Mayor Grayson asked if there was a contingency built in to cover these types of things. Mr. Valle said that KPA no longer added contingency line items in their bid documents. He said there are typically 5-8% worth of change orders on projects of this magnitude. Upon a motion by Councilmember Holmes, and a second by Councilmember Carpenter, Item #9 was unanimously approved by a vote of 5-0. Belton City Council Meeting November 13, 2018 - Page 7 10. Consider authorizing the City Manager to execute a contract for the Chisholm Trail Hike and Bike Trail Phase II, and any change orders associated with the contract, not to exceed the amount authorized under state law. Director of Public Works Angellia Points explained that Belton's Hike and Bike Trail network currently extends from IH-35 at Confederate Park to north of W MLK Jr. Ave along University. The Sparta Road Reconstruction Project included a 10-foot Hike and Bike Trail along Sparta Road from Commerce Drive to Loop 121. However, there is a disconnect between these trail networks, with the BNSF railroad dividing the two trail components. The City Council passed a resolution on May 12, 2015, for an 80/20 grant application to TxDOT for Phase II of the Chisholm Trail Hike and Bike Facility in order to link Belton's trail network from IH-35 to Sparta and Loop 121. Points said that in June 2016, the City entered into an Advance Funding Agreement with the Texas Department of Transportation for Phase II of the Chisholm Trail Hike and Bike Facility. TxDOT allocated $2,136,492 in federal funding for construction with a total local commitment from the City of Belton of $597,448, which was reduced by $200,000 due to local contributions. Mrs. Points said that in February 2017, the City selected KPA Engineers to provide engineering services for the project. As KPA began working on the design of the tunnel and trail alignment, they discovered the presence of a fiber line that presented a substantial conflict with the tunnel under the railroad . She explained that after evaluating multiple alignments, Council approved a realignment along University, Crusader, and Sparta Road on January 23, 2018. This alignment was also approved by TxDOT. KPA completed the design in August 2018, and bids were opened on September 28, 2018. Six (6) qualified bids were received for the project with the low bid being submitted by Barsh Company of Waco for a total of $1,682,584.10. The Director of Public Works/City Engineer, the Assistant Director of Public Works, TxDOT project managers, and the Project Engineer at KPA, evaluated the bids received. The low bidder, Barsh Company, has successfully worked with the City of Belton in the past on the Nolan Creek Hike and Bike Trail. It has been determined that Barsh Construction of Waco, Texas, the low bidder, has the capability and experience to perform to the requirements of the contract. The duration of construction is estimated to be 12 months. Mrs. Points explained that UMHB requested additional conduit be placed under the sidewalk along University Drive for future telecommunication lines. This item was bid as a separate item and will be fully funded by UMHB. The entire contract for the project is $2,472,579. The local cost share is $566,100. The City allocated $334,123 in funding for the project in FY 2016. The City has received a donation of $100,000 from Janet and David K. Leigh, and a pledge of $100,000 from the University of Mary Hardin-Baylor to fund this project. In total, $534,123 of funding for this project has been identified. Mrs. Points said that City Belton City Council Meeting November 13, 2018- Page 8 Staff will work to identify cost savings or additional funding as the project progresses in order to address the gap of $31,977 between the local cost share and current funding. Upon a motion by Mayor Pro Tern Pearson, and a second by Councilmember Leigh, Item #1 O was unanimously approved by a vote of 5-0. Councilmember Leigh asked if TxDOT was going to connect all the pieces of the hike and bike trail when they begin widening Loop 121. Mrs. Points said that TxDOT has added a note to the construction plans that will require the connection. 11 . Consider authorizing the BEDC Executive Director to execute a contract for the sale of 1.0 acre in the Belton Business Park to Birdcreek Holdings, LLC. BEDC Executive Director Cynthia Hernandez said that the BEDC has received an offer from Birdcreek Holdings, LLC, to purchase 1.0 acre on Arbor Park Drive in the Belton Business Park. The company is proposing to develop a 6,000 square foot office building to be utilized for law offices and mediation. She said the investment for the land and building is estimated at $700,000, and nine employees will be relocated to Belton. Mrs. Hernandez explained that the Birdcreek Holdings is offering $152,460 for the land with a 90-day Engineering Development Period. The subject property is part of a 3.04-acre tract that will need to be subdivided to accommodate their request. This will require some coordination on utilities and shared access easements to ensure the remaining property is marketable. Prior to the expiration of the Engineering Development Period, the contract provides for a one-year Option Period at $10,000. Mrs. Hernandez said if the buyer opts for the Option Period, an extension may be granted for a second one-year Option Period, also at a fee of $10,000. Payments will be credited to the purchase of the property at closing. The two options will allow the buyer to utilize this purchase in a 1031 transaction. Hernandez said the replat will be handled by the purchaser and the associated fees will be deducted from the sales price at closing. Additionally, BEDC will be responsible for the Title Insurance and half of the escrow or closing fees. She added that a broker was not utilized for this project. The BEDC Board of Directors voted to approve the contract on November 6, 2018, at a sales price of $152,460. Fees and services associated with the sale of property are estimated at $9,400, and BEDC will net $143,060 from the real estate transaction. Upon a motion by Councilmember Leigh, and a second by Councilmember Carpenter, Item #11 was unanimously approved by a vote of 5-0. Belton City Council Meeting November 13, 2018- Page 9 Mayor Grayson said she wanted to backtrack a little back to Item #10 in order to thank David K. and Janet Leigh, as well as the University of Mary Hardin-Baylor, for their generous contributions to allow the completion of the Chisholm Trail Hike and Bike Trail. Work Session 12. Receive a presentation and discuss a policy establishing provisions for ioint vehicular access easements (JVAE). Director of Planning Cheryl Maxwell reminded the City Council that they asked Staff to develop a policy to ensure joint vehicular access easements are provided when properties are undergoing platting or development. The purpose of such an easement is to maximize public safety and ease traffic congestion; minimize the number of curb cuts; and facilitate circulation between adjacent non-residential properties along major streets. Mrs. Maxwell said that Staff reviewed related policies of various cities to include Killeen, Harker Heights, Round Rock, Georgetown, Bryan, and College Station. The attached policy includes provisions used by some of these cities. The policy consists of three parts: 1) Policy Administration; 2) Provision of Joint Access Easements; and 3) Joint Access Easement Improvements. The policy includes the following key points: • Policy would only apply to non-residentially zoned or developing properties fronting on state highways, arterial streets, and major collector streets. • JVAE may be required to share curb cuts between owners to promote public safety. • JVAE should be shown on the site plan and/or subdivision plat with a minimum width of 25'. • The property owners are responsible for constructing and maintaining the access easement and a paved surface is required-asphalt or concrete. • These requirements may be considered for waiver due to unusual topography, site conditions, or existing development. She gave several examples of properties where easements have been acquired, and in some cases, where access has already been provided. Mrs. Maxwell said that Staff is recommending that this be an internal policy as opposed to an ordinance at this time. She added that this policy was presented to the Planning & Zoning Commission at their July 17th and August 21 st meetings, and now Staff is presenting it to Council for their feedback. City Manager Sam Listi said the Council has requested that Staff try to achieve cross access in the initial planning of developments. He added that Staff wants to work through the process with this as a policy rather than an ordinance which would require variances. Belton City Council Meeting November 13, 2018- Page 10 Mayor Grayson said she likes to utilize cross accesses in order to stay off busy roads as much as possible, but she doesn't want Belton to be a community where the developer is strong-armed to include the joint access. Councilmember Holmes said that it doesn't look like much has been done to reduce the number driveways along FM 439. Mr. Listi said as residences convert, Staff tries to review the properties to see where a driveway may be eliminated. Mayor Grayson said if the driveway is allowed by the original plat, it cannot be taken away. Councilmember Leigh said that's not true because TxDOT has taken a driveway from his property on FM 439. Mr. Leigh agreed that it was a good idea for this to be a policy and not an ordinance. He said that there are probably regions in the City where joint access should be required, and there are other regions where it doesn't need to be required. He also added that he would not exclude multi-family residences or residential areas that are adjacent to businesses where joint access may make sense. Staff also needs to consider who is responsible for maintenance. There being no further business, the Mayor adjourned the meeting at 6:32 p.m. ~or-- ATTEST: ~¼.~ Amy M. Casey, City Clerk