City Council

Belton City Council Meeting April 28, 2020- 5:30 P.M. The Belton City Council met in a virtual session via Zoom meeting due to the COVID-19 Public Health Emergency that has been declared by Governor Greg Abbott, Bell County Judge David Blackburn and Belton Mayor Marion Grayson . Members present include: Mayor Marion Grayson , Mayor Pro Tern Wayne Carpenter and Councilmembers David K. Leigh, John R. Holmes, Sr. , Craig Pearson and Dan Kirkley. Councilmember Guy O'Banion was absent. Staff present included Sam Listi, John Messer, Amy Casey, Gene Ellis, Mike Rodgers, Wes Gilbreath , Cheryl Maxwell, Tina Moore, Judy Garrett, Kim Kroll , Bob van Til , Paul Romer, Matt Bates, Chris Brown, Cynthia Hernandez and Angellia Points. The Pledge of Allegiance to the U.S. Flag was led by Mayor Marion Grayson , and the Pledge of Allegiance to the Texas Flag was led by Director of IT Chris Brown. The Invocation was given by Councilmember David K. Leigh. 1. Call to order. Mayor Grayson called the meeting to order at 5:34 p.m. 2. Public Comments. (Audio 3:46) There were none. City Manager Sam Listi provided an update on the City's Emergency Disaster Declaration for Public Health as it relates to Governor Abbott's Open Texas Plan and the opening of City facilities . 3. Proclamation: National Small Business Week - May 3-9, 2020. (Audio 5:46) David Laws, Regional Director of the Better Business Bureau, was "present" for the read ing of the proclamation . Consent Agenda (Audio 9:53) Items 4-7 under this section are considered to be routine by the City Council and may be enacted by one motion . If discussion is desired by the Council , any item may be removed from the Consent Agenda prior to voting , at the request of any Councilmember, and it will be considered separately. 4. Consider minutes of April 14. 2020. City Council Meeting. 5. Consider appointment to Housing Board of Adjustments. (Samantha Jackson) 6. Consider authorizing a one-year extension to the agreement with Jaynes, Reitmeier, Boyd & Therrell, P.C. for Professional Audit Services for the Fiscal Year 2020 audit. Belton City Council Meeting April 28, 2020 - Page 2 7. Consider authorizing the City Manager to reiect all proposals received for professional services related to utility master plan updates. Upon a motion by Councilmember Leigh , and a second by Councilmember Kirkley, the Consent Agenda was approved upon a vote of 6-0. Planning and Zoning 8. Hold a public hearing and consider a zoning change on approximately 3.0 acres located at 3050 W. Hwy 190 Service Road and 1174 S. Wheat Road, near the northwest corner of the intersection of US190/l-14 and Wheat Road, as follows: (Audio 11:21) A. 1.142 ac from Agricultural District to Commercial-2 B. 1.90 ac from Agricultural District to Retail Public Hearing: no one spoke for or against. Upon a motion by Mayor Pro Tern Carpenter, and a second by Councilmember Holmes, 3050 W . Hwy 190 Service Road was rezoned to Commercial-2 Zoning District and 1174 S. Wheat Road was rezoned to Retail upon a vote of 6-0. ORDINANCE NO. 2020-18 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF BELTON BY CHANGING THE DESCRIBED DISTRICT FROM AGRICULTURAL DISTRICT TO COMMERCIAL-2 AND RETAIL DISTRICTS ON APPROXIMATELY 3.0 ACRES, WITH DEVELOPMENT TO BE REGULATED UNDER TYPE AREA 4 DESIGN STANDARDS. 9. Hold a public hearing and consider a zoning change from Commercial Highway District to Planned Development (Single Family-3) District on James M. Wilson's Addition, Lot 1, Block 1, located at 1001 S. Walker Street, on the west side of Walker Street, between Avenues J and K. (Audio 16:11) Public Hearing: no one spoke for or against. Councilmember Holmes made a motion for approval with the following conditions: • The use of the property shall conform to the Single Family-3 Zoning District in all respects. • The development of the property shall conform to the Single Family-3 Zoning District and all applicable Type Area 11 Design Standards, as identified in Ordinance 2014-17, Section 7.1 of the Zoning Ordinance, except as noted below: • Reduction in the minimum lot area from 5,000 sq. ft. to approximately 4,980 sq . ft. is allowed for Lots 1Band 1C. Belton City Council Meeting April 28, 2020 - Page 3 • Waiver of the key lot requirement for Lot 1A to allow a 15' setback along Walker Street instead of 25' to match the 25' setback on Lot 1B. • A final subdivision plat is required before a building permit may be issued for Lots 1Band1C. Councilmember Pearson seconded the motion , and 1001 S. Walker Street was rezoned to Planned Development (SF-3) Zoning District upon a vote of 6-0. ORDINANCE NO. 2020-19 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF BELTON BY CHANGING THE DESCRIBED DISTRICT FROM COMMERCIAL HIGHWAY DISTRICT TO PLANNED DEVELOPMENT (SINGLE FAMILY-3) DISTRICT ON LOT 1, BLOCK 1, JAMES M. WILSON'S ADDITION, LOCATED AT 1001 S. WALKER STREET, WITH DEVELOPMENT TO BE REGULATED UNDER TYPE AREA 11 DESIGN STANDARDS. 10. Consider a final plat of James M. Wilson 's Addition, Replat No. 1, being a replat of James M. Wilson's Addition, Lot 1, Block 1, comprising 0.45 acre, located at 1001 S. Walker Street, on the west side of Walker Street, between Avenues J and K. (Audio 21 :28) Councilmember Pearson made a motion for approval of the final plat of James M. W ilson 's Addition , Replat No. 1, including approval of variances as follows : • Approval of variance to minimum lot area requirement for Lots 1B and 1C to allow approximately 4,980 sq. ft. , and waiver of key lot requirement for Lot 1A to allow 15' setback along Walker Street; • Approval of variance to ROW dedication requirement for Walker Street, Avenue J, and Avenue K; and • Approval of variance to the perimeter street improvement requirement for Walker Street, Avenue J, and Avenue K. The motion was seconded by Councilmember Holmes, and was unanimously approved upon a vote of 6-0. 11. Consider a preliminary plat of Connell Subdivision, comprising 6.226 acres, located along an extension of Huey Drive, on the west side of Connell Street, north of Liberty Valley Drive, beginning on the north side of the Mitchell Branch crossing. (Audio 23:32) Councilmember Holmes made a motion for approval of the preliminary plat of Connell Subdivision , including approval of variances as follows: Belton City Council Meeting April 28, 2020 - Page 4 • Approval of variance to the key lot requirement to allow Lot 17, Block 1, to observe a 15' setback along Huey Drive instead of 25', which is observed by the adjacent lot to the east, Lot 18; and • Approval of variance to sidewalk requirement to require applicant to provide sidewalk only on the north side of Huey Drive. The motion was seconded by Councilmember Leigh , and was unanimously approved upon a vote of 6-0. 12. Consider a final plat of Haun Hollow Addition, comprising 6.097 acres, located on the north side of US 190/1-14, between Pearl Street and Connell Street. (Audio 28:55) Mayor Pro Tern Carpenter made a motion for approval of the final plat of Haun Hollow Addition, including: • Approval of variance to the ROW dedication and perimeter street improvement requirements for Davis Street; and • Disapproval of variance to the sidewa lk requirement along US 190/1-14; sidewalk 1 required to be constructed in conjunction with building permits. The motion was seconded by Councilmember Pearson , and was unanimously approved upon a vote of 6-0. 13. Consider a final plat of Sebek First, comprising 3.0 acres, located at 2828 W. Amity Road, Salado, Texas, on the north side of Amity Road, east of Lark Trail, in Belton's ETJ. (Audio 33:52) Councilmember Pearson made a motion for approval of the final plat of Sebek First, including approval of variances as follows: • Approval of variance to water flow requirement for fire protection; and • Approval of variance to the perimeter street improvement requirement for West Amity Road . The motion was seconded by Councilmember Holmes, and was unanimously approved upon a vote of 6-0. 14. Hold a public hearing and consider amendments to various sections of the Subdivision Ordinance related to sidewalks, street standards/improvements, parkland dedication, fire protection, administrative plats, replat procedures, subdivision plat deadlines, and provisions for securing letter of credit to guarantee infrastructure improvements. (Audio 37:34) Public Hearing: no one spoke for or against. Belton City Council Meeting April 28, 2020 - Page 5 Upon a motion by Mayor Pro Tern Carpenter, and a second by Councilmember Leigh, the following captioned ordinance was approved upon a vote of 6-0 . ORDINANCE NO. 2020-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELTON, TEXAS, AMENDING SEVERAL SECTIONS OF THE SUBDIVISION ORDINANCE FOR THE CITY OF BELTON; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN OPEN MEETINGS CLAUSE. Miscellaneous 15. Hold a public hearing and consider an ordinance approving an extension of the City's juvenile curfew ordinance. (Audio 53:29) Public Hearing: no one spoke for or against. Upon a motion by Councilmember Holmes, and a second by Councilmember Pearson , the following captioned ordinance was approved upon a vote of 6-0 . ORDINANCE NO. 2020-20 AN ORDINANCE OF THE CITY OF BELTON, TEXAS, READOPTING A CURFEW FOR PERSONS UNDER SEVENTEEN YEARS OF AGE TO PROHIBIT THEIR BEING IN ANY PUBLIC PLACE FROM 12:01 A.M. UNTIL 6:00 A.M. ON ANY DAY OF THE WEEK; PROVIDING DEFINITIONS; PROVIDING ENFORCEMENT AND ADMINISTRATIVE APPEAL PROCEDURES; PROVIDING PENALTIES CONSISTING OF A FINE FOR MINORS NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00), AND FOR PARENTS OF MINORS CONSISTING OF A FINE OF NOT LESS THAN FIFTY DOLLARS ($50.00) BUT NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); ADOPTING CERTAIN DEFENSES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 16. Consider selecting a project for the BUILD Grant application to the U.S. Department of Transportation. (Audio 58:04) Upon a motion by Councilmember Pearson , and a second by Mayor Pro Tern Carpenter, the Connell Street project was selected for submission of a BUILD Grant application upon a vote of 6-0. Belton City Council Meeting April 28, 2020 - Page 6 There being no further business, the Mayor adjourned the meeting at 6:42 p.m. ATTEST: ~ M:;,