City Council

Belton City Council Meeting April 9, 2019 - 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, 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, Jeff Booker, Angellia Points, Charlotte Walker, Cynthia Hernandez, Cheryl Maxwell and Kelly Atkinson. The Pledge of Allegiance to the U.S. Flag was led by Councilmember Wayne Carpenter, Sr., and the Pledge of Allegiance to the Texas Flag was led by Assistant City Manager/Chief of Police Gene Ellis. The Invocation was given by Bruce Lovesmith, Associate Pastor of Fellowship Baptist Church. 1. Call to order. Mayor Grayson called the meeting to order at 5:32 p.m. 2. Public Comments. There were none. Mayor Grayson congratulated Jacob Sanchez, Reporter for the Temple Daily Telegram , for his story on the expansion of Heritage Park that was picked up by the Associated Press and shared nationwide. Consent Agenda Items 3-6 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. 3. Consider minutes of March 26, 2019, City Council meeting. 4 . Consider adopting resolutions of support for: A. Designating the portion of Interstate Highway 14 in Bell County as First Cavalry Veterans Highway in addition to any other designation. 8. Designating the portion of Interstate Highway 35 between mile marker 294 and mile marker 297 as Trooper Tom Nipper Memorial Highway in addition to any other designation. 5. Consider approval of an ordinance on first reading and set a public hearing for April 23, 2019, granting an extension to the commercial solid waste collection franchise with Sunbright Disposal Services. 6. Consider reaffirming the Fund Balance Policy for the City of Belton. Upon a motion by Councilmember Holmes and a second by Councilmember Leigh , the Consent Agenda, including the following captioned resolutions, was unanimously approved by a vote of 7-0 . Belton City Council Meeting April 9, 2019 - Page 2 RESOLUTION NO. 2019-12-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELTON, TEXAS, EXPRESSING SUPPORT FOR CSHB421 AND CSSB2156 WHICH DESIGNATE THE PORTION OF INTERSTATE HIGHWAY 14 IN BELL COUNTY AS FIRST CAVALRY VETERANS HIGHWAY, IN ADDITION TO ANY OTHER DESIGNATION. RESOLUTION NO. 2019-13-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELTON, TEXAS, EXPRESSING SUPPORT FOR HB338 AND SB2024 WHICH DESIGNATE THE PORTION OF INTERSTATE HIGHWAY 35 BETWEEN MILE MARKER 294 AND MILE MARKER 297 AS TROOPER TOM NIPPER MEMORIAL HIGHWAY, IN ADDITION TO ANY OTHER DESIGNATION. Miscellaneous 7. Consider authorizing the City Manager to enter into a professional services agreement with Kasberg, Patrick & Associates for design and construction phase services for the South Belton Shared Use Path Proiect. Director of Public Works Angellia Points said that in May 2018, the City Council approved an Advance Funding Agreement (AFA) with the Texas Department of Transportation for a Transportation Alternatives Set Aside Program relating to the South Belton Shared Use Path Project. Mrs. Points explained that this grant provides for a 12-foot concrete shared use path (also known as a hike and bike 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 east of the IH35 Service Road within TxDOT ROW. It will also extend south to FM436 and then further east to S. Wall Street along the north side of FM 436. Mrs. Points said that the City released a Request for Qualifications (RFQ) in September of 2018. Three engineering firms submitted Statements of Qualifications in the response to the RFQ. After review, Kasberg, Patrick & Associates (KPA) scored the highest and is recommended as the engineering firm for the project. KPA and City Staff met to adequately define the scope of work in order to allow KPA to develop their fee. After reviews and negotiation, with clarifications from TxDOT on the grant requirements, the design services scope and fee is presented for Council consideration . The recommended scope includes: 1. Design Phase Services a. Preliminary design and surveying b. Geotechnical investigation Belton City Council Meeting April 9, 2019 - Page 3 c. Environmental studies and permitting d. TxDOT coordination and·permitting e. Final design with 30%, 60%, 95%, and Final stages f. OPCCs at each stage g. Electrical design for lighting h. Landscaping layout 2. Bid Phase Services a. Pre-bid conference b. Addenda c. Bid tabulation and letter of recommendation d. Bid analysis 3. Construction Administration a. Pre-construction conference b. Review submittals and pay requests c. Up to 24 site visits d. Progress meetings with City and Contractor e. Construction staking f. Final walkthrough with City and TDLR inspector g. Record drawings Mrs. Points explained that the engineer's fee plus the estimated construction costs were greater than available funding. She said that when she discussed the financial concerns with TxDOT, TxDOT was able to allocate additional CAT10 funding to help, but the funding is available only for construction costs. Even with the additional TxDOT fund ing, the project remained over budget for engineering services by $73,925. Federal TxDOT Total Costs City/TIRZ Grant Cat 10 Budget Proposed Variance Engineering $194,325 $0 $194,325 $268,250 ($73,925) TXDOT Adm in $41 ,641 $166,565 $208 ,206 $208,206 - Construction $122 ,148 $1 ,265,891 $372 ,846 $1 ,760,885 $1 ,760,885 $358,114 $1,432,456 $372,846 $2,163,416 $2,237,341 ($73,925' The TIRZ Board met on March 21 , 2019, and reached a consensus that allows an additional allocation of $73,925 to the project. Mrs. Points said the available fund ing includes the authorized federal grant amount of $1,432,456, the CAT10 funding of $372 ,846, and the City's local match of $432,039, which is committed from the TIRZ fund . Belton City Council Meeting April 9, 2019 - Page 4 Points said the proposed engineering services contract of $268,250 will be funded from the TIRZ Fund . She added that the construction contract is required to be awarded by August 2020 with a project completion date of May 2021 . Mayor Grayson said , "I think it's awesome that we will have a looped hike and bike trail all around the City." Upon a motion by Mayor Pro Tern Pearson and a second by Councilmember O'Banion, Item #7 was unanimously approved by a vote of 7-0. Work Session 8. Conduct a work session on Food Trucks and Food Truck Parks. Director of Planning Cheryl Maxwell discussed Food Trucks and Food Truck Parks as shown in Exhibit "A. " Councilmember Holmes asked if "food booths" includes concession stands. Mrs. Maxwell said concession stands are included , but they are basically just required to comply with Texas Food Establishment rules and Bell County Public Health District rules. Most of the requirements in the proposed ordinance do not apply to concession stands, food booths or a farmers' market. Mrs. Maxwell said that most of the ordinance is intended to address more of the longterm food trucks and food truck parks. Councilmember Leigh asked if the difference between a "mobile food vendor" and a "food truck" was distinguished by the length of term. Maxwell said a "mobile food vendor" and a "food truck" are basically the same thing . The length of term designates a temporary event (less than 14 days) from a more permanent location of a "food truck. " Councilmember Leigh said the ordinance should not include anything that the City is not regulating , so those that only need to comply with the Texas Food Establishment rules and the Bell County Public Health District rules should not be included in the ordinance. Mrs. Maxwell said the only provision that would be tacked onto all of those categories are the Fire Safety regulations that are in the draft ordinance. Councilmember O'Banion asked if the City is creating a new regulation where the Fire Marshal will be required to go and check all of these booths/trucks/events. Mrs. Maxwell answered , "Yes. " Councilmember O'Banion asked , "How will the people know that these are the requirements?" Mrs. Maxwell said Staff would expect the event organizers to inform people of the requirements . Mr. O'Banion asked how the event organizers will know the requ irements . Maxwell said that Staff will have to educate the community. Councilmember Holmes expressed concern about parking requirements. He said that some businesses will not be able to provide additional parking , so they will be prevented from having a food truck. City Manager Sam Listi said that parking could Belton City Council Meeting April 9, 2019 - Page 5 be addressed on a case-by-case basis, and parking does not have to be provided downtown. Fire Marshal Jeff Booker reviewed the fire safety requirements that are included in the proposed ordinance. Councilmember O'Banion asked how the current food trucks compare with these new requirements. Mr. Booker said that Bell County has him check their food truck vendors for a festival they hold each September. Last year, he inspected 14 food trucks, and all but two of them would have been fine under these requirements. He said most of these food trucks travel from carnival to carnival , and many cities have much stricter requirements than what is being proposed for Belton. Mr. Booker said that Staff has considered a phased-in approach by providing pre- inspections and giving food truck vendors a certain amount of time before the requirements will be strictly enforced. However, he added that he would like to maintain the fire extinguisher requirements . Councilmember Holmes asked if a person will have to register before they can cook. Mr. Booker replied , "Yes." Mayor Grayson asked if Mr. Booker was talking about an event where there are multiple vendors or did this apply to the single food truck vendor who is staying for months. Mr. Booker said that there is no differentiation in them because of length of stay at this time. Councilmember Holmes asked if a person wanting to set up a small BBQ fundraiser would be required to register. Mr. Booker said that registration would be required, and it would give him the authority to stop by, do an inspection and explain the fire safety requirements. Councilmember O'Banion said , "While you are a great guy, the next Fire Marshal may be a jerk, and he may not interpret the requirements the same way you do." Councilmember Leigh said he agrees that it makes sense to regulate those food trucks that do this for a living in the manner that is being discussed . However, when the City starts looking at "temporary event mobile food vendors, " those people don't know the requirements, and there isn't enough Staff to get around to each of them to inspect and educate them. He said that the City crosses a line when it moves into temporary events because it opens a door to every type of food event imaginable. He believes the requirements should only apply to a "significant event with a significant number of people. " Mr. O'Banion suggested that the definitions be narrowed down further, and also to give the Fire Marshal some general authority in order to inspect these situations as he determines a need. Councilmember Leigh said that the City should constrain the ordinance to Food Truck Parks and Mobile Food Trucks. Mr. Listi said that Food Truck Parks need the most regulation. Mr. Leigh said he doesn't want to regulate a family on a picnic. Mr. Listi asked if regulation should start when food is for sale . Mr. Leigh said that situation will be Belton City Council Meeting April 9, 2019 - Page 6 regulated by other entities , and he doesn't see the need for the City to be involved in that. He added that tailgating should be regulated by its event host such as UMHB. City Attorney John Messer explained that Staff has instituted a moratorium on issuing new food truck permits until this issue has been resolved . He asked if Council was ready to lift the moratorium at this point. The three food trucks that are currently located in the City are more on the permanent side. Councilmember Leigh said allowing food trucks is good for the community, and the City should have appropriate regulations that allow for food trucks. Mr. Messer asked if these more permanent structures are what the Council is wanting to see in Belton. Mr. Leigh said it is great to have an area for food trucks, but they should not be located just anywhere. City Manager Listi said there has been no serious request for a food truck park. There have been more of the single food truck requests similar to what currently exists. He added that there has been a request for a truck to be located at Sparta Road and Main Street. Mr. Leigh asked if there could be a zoning overlay developed to allow this. Mr. Listi said that although this could be done, Staff is trying to be more flexible and allow this to evolve rather than through a formal zoning declaration . Mayor Grayson asked how the proposed regulations will affect the three existing food trucks. Mr. Listi said that most have no restrooms and no seating , but these issues could be addressed as their current permit expires. Councilmember Holmes asked if the requests are recent, and if they are temporary or of a more permanent nature. Mr. Listi said that they are not requesting permanent, but they were interested in a one-year permit as is currently allowed. Staff is proposing a change to six months as opposed to the ·current one year permit. Councilmember Leigh asked if the vendor will pay taxes. Mr. Listi said the vendor will pay sales taxes , but the owner of the property will pay the property taxes. Mr. Leigh said the vendor will also pay permit fees. Mr. Listi agreed , and said that a $100 permit fee is proposed . Councilmember O'Banion suggested that Council complete the process of approving the ordinance before lifting the current moratorium. City Attorney Messer asked Council what they consider an appropriate time for a food truck to be located in one place. Mr. O'Banion said it depends on if they meet the requirements that are being developed. He added that the requirements will possibly need to be amended over time. Mr. Messer asked if the Council is okay with a food truck located at Sparta Road and Main Street. Councilmember Carpenter and Mayor Grayson both responded, "If they meet the requirements ." Mayor Grayson added, "Unless we decide that we only want them in certain parts of town ." Belton City Council Meeting April 9, 2019 - Page 7 Councilmember Leigh asked how the regulations for providing restrooms will be met. He asked if a port-a-potty will be allowed as meeting the requirements. Mayor Grayson said that she wouldn't like that. Mr. Leigh said he thinks allowing food trucks in Belton is a good idea, but they should be allowed only in certain areas. Mr. Listi said that Staff is recommending only certain zoning districts that would allow food trucks. However, the Business Park sometimes has food trucks and is zoned Light Industrial which is not included in the proposed ordinance as an allowable zoning district. Mr. Leigh provided a scenario where he owns a food truck and wants to set up on John's property. John gives him the okay, and he sets up for the allowed year. Once that year is up, he wants to continue, so now John is required to apply for his property to be a food truck park which allows a permanent place for food trucks. If the City allows for a path, Councilmember Leigh thinks it is doable. Councilmember O'Banion said this topic is new and fairly complicated, but he is willing to start with something. Mayor Grayson said it is possible that Council implements something and puts in a sunset clause to see where issues might need to be resolved by tweaking the ordinance. Councilmember Leigh and Mayor Grayson both agreed that "Food Booths" should not be included at this point. Although, Mrs. Grayson said possibly some larger events that include food booths could be included. Councilmember Kirkley said that when he planned Freedom Fest last year, everything went well. He added that he is a fan of "keeping it simple, and keeping it safe." There was no other action required by the Council on this item. There being no further business, the Mayor adjourned the meeting at 6:34 p.m. ATTEST: --- Amlfwt~:~ EXHIBIT "A" Background El Paisa • 3 Food Truck Vendors currently in operation; temporary moratorium on new vendors. Los Brothers Taco Shop Los Compadres Background Los Compadres 1228 N. Main St. • Previous Council Workshop held April 2017. • Staff asked to prepare draft ordinance for Los Brothers Taco Shop discussion. 916 S. Main St. El Paisa 1617 Taylors Valley Our Objectives • Address previous Council input • Provide for public health and safety • Provide simplified permit process • Outline standards • Circulate for comments • Conduct Council work session Current Practice vs. Proposed Ordinance (Food Trucks) • Complete permit application √ • $100 permit fee √ • Photo ID and photo of vendor truck √ • Site plan/parking plan √ • State sales tax certificate √ • Bell County health inspection √ • Permission letter from property owner √ • Manager certification, food handler cards (not required with new proposal since BCPHD will check this) • To be located on paved surface and utilize paved parking spaces in excess of minimum required for main use √ • Restroom on site if customer seating is provided √ • Allowed in same zoning districts as restaurant—R, CH, C1, C2, CBD (consider allowance in all districts except A, SF, & 2F) Draft Ordinance Elements • Definitions and compliance requirements • Permit application requirements and fees • Mobile food vendor requirements • Fire safety requirements • Utility and sanitary requirements • Food truck parks • Penalties Draft Ordinance – Definitions and Compliance Requirements • Food Booth includes Concession Stand • Farmers Market • Food Truck = Mobile Food Establishment/Vendor • Temporary Event Mobile Food Vendor • Food Truck Park Draft Ordinance – Definitions and Compliance Requirements • Food Booth/Concession Stand/Farmers Market All must comply • Temporary Event Mobile with Texas Food Food Vendor Establishment Rules (Title 25, Part 1, • Food Truck & Mobile Food Chapter 228) Establishment/Vendor and BCPHD • Food Truck Park Draft Ordinance – Definitions and Compliance Requirements In addition to Texas Food Establishment Rules and BCPHD, must comply with the following: Registration/event • Food Booth/Concession Stand/ Farmers Market requirements; Fire Safety Section of this code • Temporary Event Mobile Food Registration/event Vendor requirements; Fire Safety Section of this code • Food Truck & Mobile Food All provisions of this Establishment/Vendor code All provisions of this • Food Truck Park code Draft Ordinance – Permit Application Requirements and Fees • Section 11.170 – 11.172 • Proposed permit term is 6 months • Site plan required – should include zoning district, setbacks, main building location, & parking for evaluation • Permission letter from property owner; agreement for use of restroom facilities • List of items to be sold • State sales tax certificate • Bell County health inspection • Fire Marshal inspection  Draft Ordinance – Mobile Food Vendor Requirements Section 11.173 • Parking—must be paved surface and not occupy spaces required for the main business • Signs—must be permanently affixed to the vehicle • Trash Receptacle—required if on-site seating provided • Public Restrooms—required if on-site seating provided • Vehicle must be readily movable • Annual inspection required Draft Ordinance – Fire Safety Requirements, Section 11.174 • Food Booths—(concession stands/farmers market) • Fire extinguishers required • Clearance requirements • Approved cooking sources • Emergency egress • Fuel tanks • Mobile Food Vendors—(food trucks) • Fire Extinguishers required • Liquefied petroleum gas regulations • Baffles and closures • Emergency egress • Generators • External power cords Draft Ordinance – Utility and Sanitary Requirements Section 11.175 • Interior trash receptacle required • Cannot connect to City’s public sewer, unless otherwise approved • May connect to City’s public water with approval from Director of Public Works—proper backflow devices must be installed • Cannot discharge sewer or grease onto the ground, roadway, or into any drainage infrastructure Draft Ordinance – Mobile Food Parks, Section 11.178 • Parking—none required in CBD; 1 space per 3 seats required in other zoning districts; must be paved surface. Food Trucks must be parked on improved surface. • Signs—one on-premise sign allowed at entrance; food trucks may have attached signage • Trash Receptacle—dumpster required on-site • Public Restrooms—minimum two required with connection to City sewer for every 4 food trucks on-site; alternative plan may be approved by Director of Public Works • Zoning Districts—proposed in R, CH, C1, C2, CBD Draft Ordinance – Mobile Food Parks, Section 11.178 • Electrical connections required for each pad site • Fire lanes must be provided • Alcohol sales allowed subject to TABC and City requirements • Screening required where adjacent to single family zoned property • Food truck connections to public water/sewer allowed subject to city requirements; backflow device for water system, internal or community grease trap. Draft Ordinance – Mobile Food Parks, Section 11.178 • Compliance with noise regulations and adopted floodplain regulations • Site plan review required • Respond to input from Council • Finalize Ordinance draft for Food Trucks and create use listing for Food Truck Park • Schedule for public hearing(s) and Council consideration • Other?