City Council - Regular Meeting

Please join me in the pledge. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice all the one state one and indivisible.

You bow with me. come to you today and thank you for the privilege of being here in your presence. Uh to be here with friends and family, especially this season. Uh it's a great season as we uh are a little more reflective uh see the neighbors need uh read and and give uh to the uh different organizations that help uh those in our community and actually give a helping hand to to friends in need. I pray for all those that are uh struggling now with health as we uh getting into colder months. Uh those that are ailing um and also be with those who have last lost loved ones this last year and just uh walk with them with peace. Uh again be with us this evening as we deliberate city business. Uh give grant us wisdom. In your name we pray. Amen.

Amen.

All right. We will now call the December 9th uh council meeting to order. First item on the agenda are public comments. I have two people that signed up for public comments, but they are on agenda items. So, I will call those at the time that we address those items. Uh so, um but if anyone else uh would like to share uh public comments, they may do so at this time. Oh, public hearing. Okay. All right. There being no public comments, we'll go to uh item three is receive a child safety funds from Bell County Tax Assessor Shay. So, thanks for making it here from uh you were Harker Heights just before

presentation and ran out the door and they gladly accepted the check. ahead. I'm I think we would probably gladly accepting a check.

Mayor, council, thank you for having me. I am Shay Ludiki. I am your tax assessor collector for Bell County and I see y'all every year. I'm handing y'all money every year. Um I don't believe any other county officials made it to the meeting tonight. I did speak to uh Commissioner Schneider earlier and he wasn't able to to make it. um he has another meeting um and he was going to present the hotel motel tax check to y'all but those checks aren't ready yet. So he said he'll send those in the mail and Sam said we'll take it from the mail too. So

um it's always a pleasure to visit the the cities uh during this time of year and hand out some money. Uh this last year we saw an 8.3% increase in vehicle registrations. Uh we collected a $1.50 50 on registering 333,600 vehicles in Bell County. If you've noticed a lot of cars and vehicles on the road, a lot of traffic, um that's because we added 25,000 more registrations in 25 over FY24. 25,000 more vehicles. I just want to also say thank y'all for working with text to update the timing on the lights through Main Street. So really appreciate that. Um since the program started in 2001, Bill County has collected and distributed $9,685,141.98 for the child safety funds. Of that total, we allocated $526,83155 to the city of Belton. Now, the following paragraph um I'm going to read explains how these funds can be used. As outlined in the transportation code chapter 502.43, the county tax assessor collector has the authority with the approval from the commissioner's court to levy an additional $1.50 per vehicle registration excluding those exempted by code. These funds are earmarked for the existing crossing guard programs. In cases where a school district lacks a crossing guard program, the money may be allocated to initiatives promoting child safety, nutrition, these include child abuse prevention, intervention, as well as drug and alcohol abuse prevention. Alternative, the funds can be directed towards programs enhancing public safety and security as per article 102.014G

of the code of criminal procedure. The check for this year's allocation for Belton is $28,012.39. Uh, this notification was also sent to the Belton IT superintendent. That concludes my presentation and Mr. Rogers, I think, is the one who's going to take that money. Okay. I think he'll endorse it and we'll sign it right over to BISD. So, thank you very much. Thanks for um getting over here quickly. Thank you. Thank you. Appreciate it. Thanks, Shane.

All right. Um, no actions required at this time. Um, item four is to receive the hotel motel occupancy tax, but as Shay shared, um, we don't have that check yet, so there's no action to take on that one. Uh, items 5 through 10 is our consent agenda. These, um, motions can be enacted by a single motion. Um, or these, uh, items can be enacted by a single motion. um the council can pull off any of these items and and uh we can deliberate on those um choose. I'm going to go ahead and read these into the record and then uh we'll take action. So item five is uh adopting the minutes of the 20 November 25th council workshop meeting and the November 25th council meeting. Item six is reappointing Janice Pusca uh to the library board of directors and then Brandon Bzon and Marian Grayson to the Belton Economic Development Board. Item se seven is authorizing the city manager to execute an interlocal agreement with Hill Country Transit District for the operation of a public transit system. Item eight is awarding a bid and authorizing the city manager to execute the construction contract on the South Penelopey Street, North Main, and Industrial Park sidewalk improvements and any change orders associated with the contracts not to exceed the amount authorized under state law. Item nine is reauthorizing a license agreement to Arouchia Coffee Company to allow for an 8 by 20 by8 storage container to remain in the city parking lot located on North First Street between Penelope and East Streets. And item 10 is authorizing the city manager to execute an agreement with the Central Texas Council of Governments to continue funding for the volunteer coordinator position for the Belton Police Department's RU senior adult outreach program. The council would wish to remove an item. They may do so or chair would entertain them.

I make a motion to approve the consent items as presented. We have a motion and a second to approve the consent agenda items as presented. Um any comments or questions before we vote? All in favor say I.

I. Those opposed? Passes unanimously. Item uh 11, let me get on the right page. Um we're going to start into planning and zoning. But before we do so, um at the end of our agenda is executive session uh that we can do at any time. There are several items on our agenda that require us to consult with an attorney. Uh and so going to be exercising that privilege. So apologies for you guys in the audience. We're going to uh do that now. So we will recess uh those Yeah, those two. Yep. On both those. Yeah, we will recess and we'll also consider uh consultation or a discussion about real property also uh at the same time so we don't have to do that at the end. So I'm going to read these executive session items into the record. Uh we will then go next door. Uh we will deliberate and when we come back we will then pick up uh where we left off. So item 23 executive session pursuant to the provision of the open meetings law chapters 551 government code Vernon's Texas codes annotated in accordance with the authority contained in section 551.071 consultation with the attorney and I'm 24 is like it um and it's from section 551.072 072 deliberation regarding real property. Um I don't have an exact time but we're not going to be forever so we'll be back shortly talk amongst you.

Now seated. That's right. It's just

basically that motion. Excellent.

dance. All right. Well, we're waiting on Luke. There's no specific action being taken um uh from the executive session. That was just a a meeting with attorney um and discussing property as well. Um and so as soon as Luke gets back, there's Luke. We'll pick back up um where we left off, planning and zoning. Item 11. Uh what I'll do is I'll I'll read them. Uh let staff make comments and then uh we'll open the public hearings for those that have public hearings and then address the issues. Item 11 is hold a public hearing and consider a zoning change from private club to plan development commercial highway on approximately 3.74 acres located at 1414 East 6th Avenue. Miss Tina,

thank you Mr. Mayor. Um thank you audience for being here. This property is located on the west side of 35 right along the Belton um temple borderline. Um Leyon Lake is um Leon River is to the north [clears throat] of this property. Um this property um has been developed for a long time. I had the 1980s but after talking to the city attorney has been there for a lot longer than that. Um so um it was zon SUP8 and we're doing some due diligence trying to find some of the allowances on that. Um, we thought maybe it would be appropriate to change it to a plan development commercial highway since it's along the commercial highway corridor and it also allow for motel that's currently there and the restaurant that is also there. Um, the future land use map shows this as a mixeduse one. Um, belt and water and sewer is available at the site. Um, property owner notices were sent out. We received a couple calls but no opposition or um, approvals for that. Um, staff was recommending approval of the zoning change. Um, the applicant has since talked to us during your guys's meeting and they've decided to withdraw the application that that is correct and they can talk to speak on that as well.

All right. Uh, so um since the applicant has asked to withdraw uh this uh I don't think we have to have a public hearing and we just need to make a motion. Is that does that what I heard? Yep. All right. So we can just um take no action. see no action. All right. Uh so the council will not be taking action on item 11 or public hearing uh since the applicant has withdrawn their application. Right. Thanks. Make makes that easy or or hard, one of the two. Um item 12, hold a public hearing and consider a zoning change from agricultural to multif family on approximately 1.047 acres located at 2460 Canel Street. Miss Tina,

thank you. This is by the expo center, also on the west side of 35 and on Connell, south of um the loop, I'm sorry, north of loop 121. Um this area was annexed back in 1998. The applicant is looking for more flexibility to add onto the lot. Um he was looking at possibly adding two additional duplexes um in addition to the single family home that's already there. Spoke to the applicant. Um he understands that while the MF zoning would allow for a density of 18 units per acre, he okay with the minimum uh maximum of six units for this area. Notices were sent out. We received no letters of opposition for this one. Um the planning zone heard this at their meeting on November 18th and recommended approval. Um only thing new is that is agreeable to a maximum of six units for this 1acre lot.

Right. Thank you. This being a public hearing, um we will uh close deliberations and open the floor. Anyone who wishes to speak in favor or in opposition to this zoning change. The applicant is here. He wants to talk. Name and address for the record.

Yes. My name is Cecil Tibbitz and I uh own the home at 2460 Connell Street. And uh I'm I'm not wanting to build a big apartment complex or anything. Just uh potentially uh two duplexes, maybe a a mother-in-law quarter also something like that in addition to the property that's already there. Um and so uh no big deal. Uh be happy to answer any questions. I'm not planning on doing anything quickly. I'm still trying to figure out what works and looking for the zoning change so I can make plans.

Thank you very much. Anyone else wish to speak in favor or in opposition to this? There being no one else speaking, we will floor and the chair would entertain a motion or if you have comments or questions. I've got a question. Um, so if we if we uh if we talking about a maximum of six units, would this be a PD? Is that what I understand? I would recommend that you vote it as a plan development multif family just so that it comes up triggers in the future when we're doing research on it so we can look at what the conditions were.

So if we PD this PD multif family with a maximum of six units, it's a little over a oneacre lot. If the applicant or a future owner of the property were to subdivide the property into two halfacre lots later on, would the maximum of six units apply to the original acre as a whole or could you do six on one half and six on the other half? No sir, it applies to the one acre as it is currently zoned regardless of what subdivision plots happen in the future. That six units is applicable to the area that's being zoned right now. So even if they subdivide six for both um both plats six total. Okay. Total is six

for both six. And is six units six halves or six doubles? No. Six half units when we're looking at a um duplexes um each is considered a unit. Six total. I move we approve agenda item number 12. Second with the maximum. We have a motion in a second to approve item 12 as a multif family plan development uh with a maximum of six units. Nope. I just I didn't hear the PD part first. Yeah, I it was really quiet. Yeah,

just made sure I read enunciated it. So, any comments or questions? All in favor say I.

I. I opposed. All right. Passes unanimously. Lucky 13 has hold a public hearing and considers reszoning of property from university campus campus one office single one multif family various specific use permits and planned developments commercial highway and commercial one to the main street zones of the imagined belt and standards. The three areas proposed for the main zone are generally described as area one, east of North Main Street, south of Burlington Northern Railroad, and west of but not adjacent to North Penelopey Street. Area two is east of North Pearl of East Fifth Avenue, north of FM93 and west of North East Street. And area three is south of Nolan Creek, west northeast street, south of East Avenue H, north of IH35, east of South Pearl, south of West Avenue I, and west of South Main Street. That's like the audible version of Field Notes when you get it from a surveyor. It's like, where is that? So, okay, I think we described it at least for the record. Bob, help us out.

You did a you did a wonderful job. Let me let me kind of fill in the details for you. Uh so this purpose uh the purpose of this item is to conduct a public hearing and and consider reszoning the portions that you described to the main street uh zones and as you know the imagine belt standards were recommended in the imagined Belton plan and the standards uh the new zoning code that is were adopted um were intended to implement the vision of the plan that y'all adopted in 22. uh the plan and the standards were adopted in January of uh of 14 and uh so at this point in time we're executing uh implementing the plan. I don't like that word. Um uh the ordinance itself uh directed the staff to start the resoning and as you can see uh we've already accomplished quite a bit in that area. We've done the in the central downtown earlier this year. We did the um neighborhood zone in June, the transition zone in September, although we still have a little piece of that left to go unfortunately. And so currently we're looking at the main street zone and this is a picture of the areas that uh we intend to reszone and those are uh described at the top of the item. So you can see area one just south of the railroad, area two just east and west of Main Street just north of Second Street. And then area three is south of u uh Nolan Creek extending down Maine all the way down to um 35. The main street zone uh accommodates a range of commercial uses. Um that's uh serve both surrounding residential areas and of course regional uh uses. The the uh zone also provides for adaptive reuse of existing facilities. Uh for instance maybe a residential re uh use of that

property. The typical uses in the area include live, work, dwelling units, retail office, personal services, uh, artisan foods and beverages, entertainment, and drive-thru and overnight accommodations. Just a quick reminder of the general into the plan and the standards. It is a re-imagining of uh hence the name the uh the uses to a more urban profile, more urban streetscape as opposed to the traditional um suburban use, although both are uh possible. Here is a look at the uh the land use matrix. As you can see, I've highlighted the main street area. And I know that is difficult to read, but I'm glad I gave you a little synopsis of what is allowed in that area just a little second ago. A key component of this is the grandfathering or non-conforming uses. And this is very important as we transition from our current zone uh zoning ordinance to the new standards or the new ordinance. It protects existing uses um until u and allows them to continue to operate as you all uh very well know. what would cause the uh the grandfathering to change or for somebody to you lose their non-conforming uses the piece of property was vacated. Our code says for about a year or the footprint has expanded and we call for 10% or more expansion of that. Other than that, if the use continues um the um uh unchanged, then the use will continue u as permitted. Um, our planning and zoning commission reviewed this information back on November 18th and forwarded a favor a favorable recommendation and uh we concur with that and we re approval of the of the proposed Main Street zone reszoning.

With that, that's all I have. Okay. Thank you, Bob. It's been a long process as we're trying to clean up zoning in the downtown area and this is a last one or we have one more just a little bit of the transition zone left to go. Right. Okay. Yeah. Right. So, uh we will now have a public hearing uh for this item. Uh so we will close our deliberations and open the public hearing. If anyone wishes to speak in favor or against this item, they may do so. I have one that signed up. Others that didn't sign up are welcome to speak as well. Uh we have Jerry G.

Oh, it's your choice. Yeah. It's up to you. We can [clears throat] I'll just

I'm Jerry Gant. Uh I own property at 330 and 332 North Pearl Street. Um I came here opposed determined to oppose these guidelines. Um but thanks to your executive session, I had a little extra time. I'd already called and talked to the planning department, but I did have a little extra time to really go through things. Um, and so, um, I have been assured that the renderings and the examples that we received, even if those did happen, there would be screenings and setbacks and all of the work that we put in in the early 2000s, um, would not go to waste. Um, so I want to support these guidelines because they along with wisdom and guidance from city staff and a well-informed um planning and zoning commission should make it easier for property owners to um better utilize our quirky lots and historic areas and uh and his structures in our town. we have um these guidelines or standards and tools like variances to make it all work um to keep our historic character um but to grow and meet the needs of citiz. So thank y'all for putting these standards um in place and then actually for utilizing them. Anyone else that didn't sign up wish to speak on this zoning? There being no one else, we will close the floor and reopen uh deliberations and uh chairman entertain a motion or if you'all have any questions or comments.

Just another step. All the work you guys have done, I'd like to make a motion to present the item or approve the item as presented. Second. Have a motion, a second to approve agenda item 13 as presented. Any other comments or questions before we vote? All in favor say I. I. Those opposed. Passes unanimously. Thank you. Item 14, hold a public hearing and consider a zoning change from SF1 PD boarding house to plan development Main Street on approximately half an acre located at 401 North Pearl Street. Miss Tina. And

thank you. So this is a amendment to the plan development um main street that we just approved. The applicant applied a to put in an accessory dwelling unit. Um they plan on remodeling the existing house that's there um and living in the accessory dwelling unit. While that is happening, he plans to turn that into his law office. Um so kind of imagine Belton where it's a live work, he'll be working from the main resident and living in the accessory dwelling unit. Um but because this isn't a transition, the Imagine Belton does not allow for accessory dwelling unit. So we have to do a PD to allow for that use. Um with that the site plan that has a 10 foot separation between the main structure and the principal structure. Um again this is a loft apartment. So bottom stairs is going to be the um garage and upstairs will be um the living area. So there's a open concept living and um living and kitchen area. One bedroom or two bedrooms that are proposed in this area. Um here's a elevation that shows the detached structure will look similar to the house that's the same there with some um siding on the side to match that so it's compatible in the way that it looks. They're again doing some remodeling on the on the building as you can see some are going to be changed. Um they are preserving all the historic materials on the building and reusing it as part of this remodeling. Um um this is part of the imagine belt and notices and were sent out to property owners and received no letters of um support or opposition with that. The plan and the zoning commission heard this at their meeting on November 18th and recommended approval of this item. Um there is a minor setback a 5 foot sideari setback is allowed on the north property line where the adjacent neighbor is. Um the single family one requirement is for seven. Um so there's a little bit of a twoft encroachment for this as well. I'll be happy to answer any questions that you have.

Not again being a public hearing, we'll close deliberations, open the floor if anyone wishes to speak for or against this item. It's a pretty house. It's a great historic home. Glad somebody's uh investing in it. Yeah. All right. There being no public comments, we will close the floor and reopen deliberations. But say you it's a great exciting proposal. So I'll um make a motion to approve Z2539 as

second. We have a motion and a second to approve uh zoning item Z2539 as presented. Uh any other comments or questions before we vote? All in favor say I. I. Those opposed passes unanimously. Item 15, hold a public hearing and consider an appeal for a zoning change from central downtown to planned development central downtown on approximately 0.11 acres located at 710 Flat Street. Miss Tina,

thank you. The applicant is looking at constructing a workshop to install audio vehicle um equipment um so car stereoss um to install it. The Imagine Belton standard requires any kind of vehicle service to be within 500 ft from the interstate. This property is about 633 feet away from the um the rideway line for 35. The depth of the lot is also less than the imagined built-in standards. Um it's about 76 ft. The depth in the imagined Belton standard requires 100 ft depth. Here is a site plan what the applicant is proposing. Again, a metal building building of 40 by 30 with two parking bays for remodeling. Parking will be proposed at the back. Entrance will be off of flat street. elevation again metal building with some masonry towards the bottom um to dress it up. Um this is part of the Magic Bel and central business. Water and sewers available. Property owner notices were um sent out. We do have one opposition that we are aware of. Um the planning and zoning commission heard this at their meeting on the 18th and they had a tie vote. Um so therefore um didn't receive a majority vote though. So, this will require supermajority to be able to pass this forward if so choose. Um, staff recommended approval of the zoning request. I'll be happy to answer any questions that you have and I don't see the applicant in the audience.

Right. So, again, uh, being a public hearing, we will close deliberation and open the floor for anyone who wishes to speak in favor or against this zoning item. We have one person who signed up. Uh others may wish to speak that did not sign up. So Ronnie Schuff is the first one that I have. Uh if you don't mind. Yeah. Come on. Uh name and name and address for the record. Uh so we can put it in the minutes.

Uh Ronnie Chef uh 702 East Central, Belton, Texas is where our uh barbecue place is. And and I'm here uh opposing this. I'm I'm almost begging that we we don't approve it. Uh I don't think it was the intention of Imagine Belton when it started and why Imagine Belton put in the guidelines to make improvements and to do things that were better for Belton. Uh you know my family's been here a long time and they've always been a part of Imagine Belton in the uh Great Depression. My grandfather had a business on the square where he started a grocery store. My dad and I back in 1991 found a building the Maron that was fixed to be bulldozed and and and I had trees laying on it. We made it into chef's barbecue recognized around. There was a lot behind the restaurant there which in the picture you can see this little bitty lot is in the center of our concert area where we have all the property around it where many charities, high school, proms, uh concerts, thousands of people have came to Belton and used that property and and so I'm here asking that you don't approve it because of all of those things. um that we'd like to continue to use that property, not have that as an obstacle. We've been working with the property owner, Mr. Oliver, for probably 15 years. I can't explain why, but um he's not really wanted to sell it. He's wanted to trade it to me. So, over the last three years, he wanted to trade. We owned the property right in front of the Bel and Police Memorial. I told him I didn't think the city would like that very much if I sold him that particular piece of property that or traded him that piece of property so we could end this. uh that would be right in front of the police memorial. So, I've been working with real estate agents, the city manager, I've called him looking for maybe a lot, a little sliver of land because the size of this lot is like this small, this room and uh so it's extremely small. I'm continuing to do so. Please, I ask you allow us to continue to work to that avenue. Uh because I think imagine Belton those

guidelines weren't sent to hinder what imagine Belton is supposed to draw more people to Belton supposed to enhance what what we have here not actually do the opposite which would be el make it where you couldn't grow where you couldn't do more right thank you Ronnie

right anyone else wish to speak in favor or in opposition to this zoning it being no more comments we'll close the floor and reopen deliberations. As was stated, uh, planning and zoning failed to approve this item, which kicks it into the 75% category, uh, for us to approve this item. Any comments, questions, or motions? I'll start. These are always tough. I I firmly value everybody's property rights and and what they can be able to do. I when looking at this one from a thousand foot 5,000 foot view or whatever you'd like to say we we've done so much work on the Imagine Belton plan and the type of business that is being proposed just to me is something that hasn't quite fit in that Imagine Belton plan and we've left it out for certain reasons due to other issues in in other parts of the central downtown. And so I think for me that's my that's my sticking point is um if it was a different business, if it was something that was more um communicable and retail or something along the lines be different. But um that's where I'm stuck at here. So

I have a couple questions that well based on a couple things. Um the type of business that's not really what we're talking about. Is that right? Well, under this it's classified as a vehicle service, but requires it to be within feet of

Exactly. But it otherwise it's meets the criteria because I guess my point is I want to be really careful about us determining what we like or don't like when that meets the criteria outside of the actually it doesn't because of those things. And I think if there's any reason to deny it, it would be based on these limitations that we've put in place, not because we like or don't like the type of business. Correct. But there's a reason that we said we want those folk those types of businesses within a certain amount of of limitation feet from the Interstate 35. And for that I think that it doesn't meet that criteria. I'll clarify. I did mean the area and the setback like the 500 foot 35.

I mean it's 100 feet. I mean had it been at 100 feet away you know. I mean I just said we want to be careful about what we like and don't like. I think along those lines, one of the the stipulations is a requirement for 100 foot lot depth, which it doesn't meet. Uh, right. That to me is the

um the biggest reason that I'm kind of on the fence about it. Um, I think it's it's tough especially with a neighboring business that is obviously also good for Belt and you don't you don't want to we always got to be concerned with zoning. Are we are we helping or hurting neighbors? And I don't Ronnie would probably say that we're hurting neighbors. I don't know that I would say that from a from sitting in the government seat standpoint. Um I mean this this guy's American dream is worth as much as anybody's American dream. But losing 25% of that lot depth I think really does probably create some circulation problems for this for this particular business and the size of the building they're talking about putting there just looking at the site plan. So that's a tough one.

I agree though. I mean in reality if it was 100 feet closer we wouldn't be having the same conversation or and the setback as well. Right. Correct. Okay. Just just clarifying my understanding of that.

Yeah. I think I think the challenge here is it's it's you know it's it's Solomon's uh Solomon's choice. uh when presented with a situation where two people have something obviously where the chefs would like to have that property um and the property owner owner would like something other than what the chefs can can do that. It's really up to property owners to to to solve this problem. Really not up to the city to solve it. And it's not fair for either of the property owners to then use use planning and zoning in whatever way to try and get um an uh what they what they're trying to do. So it puts puts the city in a tough position. That being said, it is a type of business that they chose that's not in the area with planning is with with our imagine Belton also setbacks do not meet. So it takes special action and the whole reason and it was stated by several and Mr. stuff is the reason we did imagine Belton is to kind of coales around an idea and if the first rattle out of the box is to change the idea then of what we're doing spot zoning all the time and it just again puts the council in a tough position of especially in downtowns because you have people that share walls um it's just hard for council members to have to make those decisions so it's go along so it's it's a tough one

I think that setbacks are critical in this it's just too crowded not enough space on a little a lot and to ask for a variance is a special request and to that support in the same way. I mean we just passed the imagin standards I mean just passed on a couple months ago and I don't think we should our one of our folks first you know motions toward it is to do PDS and do variances to the the rules we think are what's best for downtown. No. Did Did the applicant pay for a a zoning change application? Yes, sir.

I I if this doesn't pass, I would like to see the city work with him if he can find something else on not having to pay another zoning application. I think he I think he's really close to having this work and I want to do what we can to help him if if he can find something else that works. Yes, sir.

All right. based on comments um we have um that this will uh fail for lack of a motion. Um I didn't hear a motion. I didn't hear anybody really excited to make a motion. So it fails for lack of a motion. All right. Item 16 um has been it's a I'll read it, but we'll be postponing. um hold a public hearing and consider a zoning change from neighborhood services to plan development retail on approximately 1.9 acres on 207 Lake Road. Miss Tina is this is uh Go ahead. Yes, sir. We're requesting that this be postponed to a future meeting. Right. Uh chair would entertain a motion to um postpone item 16.

Second. We have a motion to second to postpone item 16 to a future meeting. All in favor say I. I. Those opposed. All right. Item 17, hold a public hearing and consider a zoning change from agricultural to plan development multif family on a approximate 5 acres located at 4951 Tollbridge Road. Miss Tina.

Thank you, Mr. Mayor. This is an application looking for a residential treatment facility at this location. It is on the east side of 35 off of Tollbridge um 25 acre of property. The applicant is a faith-based residential treatment center. facility will offer behavioral and mental health care. The intent is to create a serene area with a nature and the river that's adjacent to it um as a way to alter out um to offer an outdoor experience for um people that reside or visit that location. Um there are existing structures. There is an existing home that was recently constructed along with a pool and pool house at this location. The applicant is looking at possibly adding some cabins in the future. Um the proposal initially had three, but the um speaking with the applicant, he's looking for a maximum of of 10 to be allowed in that area. Future land use map has this as a mix um is residential at the bottom and mixeduse one um closer to the top. So that greenish area is mixeduse one. The yellow area at the bottom is the residential. This is in the Belton water and sewer CCN. Um property owner notices were sent out. We did receive one letter of objections from adjacent neighbor. She had concern about fire safety and also about screening of the um fencing around the um the planning and zoning commission heard this item at their meeting on November 8th and they recommended approval um for the applicant. This is again a residential treatment facility and healthcare um operation. So um this will not in will have access to overnight um and daytime care treatment for individual and group um includes residential stay outpatient daytime care camping wildlife with services of public including behavioral and mental health care as permitted. Future development must comply with all the requirements of multifamily zoning district with a maximum of 10 cabins that are allowed. Um they'll mention collide with our requirements for um design standards. A final subdivision

plat and construction plans will be required for any new construction. Um there is also a requirement for the fire department for engineers valuation of the driveway that is there to test the suitability for fire access. Um so the fire department will make sure to make arrangement with the applicant to be able to do that as well. Um, planning zoning heard this item at their meeting. I recommend an approval of this and I'll be happy to answer any questions you have and the applicant Noah Longo is here should you have any questions for himself.

All right. Thank you. Um, again, this being a public hearing, uh, we will close uh the deliberations and open the floor. Uh, if anyone wishes to speak in favor or against this item, they may do so. I have one person who signed up for this item again. Jerry Gant uh signed up for this item as well. No, does not. She unsigned up. So, um anyone else wish to speak in favor or against this item there being Oh, go ahead. Yeah, that this is great. This is perfect. This is good. Your your turn. Thank you.

Thanks. Hi, my name's Noah Longo. Um currently living about uh 40 minutes south of here in Liberty Hill. Um I'm an old crusader. I I've enjoyed being back in Beldon. I got some family ties. My my brother Luke uh has a lives here, family here, business here. Um I was reminiscing about Belton. I when I first got here, I uh volunteered to play First Baptist Church and after a couple weeks, they came back to me and said, "We appreciate, but now that we've heard you play, we we wish stop volunteering." So I would that was the end of my music career at First Baptist. Um but you know this is labor love for my wife and I my she was able to get here for the planning zoning meeting. Um couldn't be here tonight but you know this is something I I met her at our first treatment center almost 20 years ago. Um so I've been in this field for a while. It's a little bit hard. You know, I think what Miss Moore said, you know, encapsulates a lot of it. Um, we kind of went back and forth in the planning, not because there's no specific, I guess, zoning for this specific business, but, um, you know, for folks that aren't familiar, you think of it as kind of a like a all around inclusive wellness type retreat, um, where there's education, um, programming, um, counseling, uh, and you know, the all these services that what what we we've always wanted is for these services to be in outdoor setting and I think it's ideal. Um this property um there's, you know, it's it's very wooded lot. You've got the river on the south side um southeast side and um you know

it's secluded but it is you know in um close to 30 really close to 35 there. So, um, we feel like this is a a great opportunity and, um, you know, we're not looking to, um, build anything huge right away. This something we're going to build up from the ground and aren't in a hurry and, uh, you know, hope you guys approve it. All right. Thank you. All right. Before we close the floor for public comments, last chance. All right. We'll close the floor and reopen the deliberations for the council. Any comments or questions within council or emotion

questions? But so my crash course today in um mental health um these I can direct questions at applicant correct because I mean there's just some stuff that was hasn't been presented. When you say 10 cabins, how many beds does that create for I guess pat and are those inpatient, outpatient, or are they do they have family care available with them while they're there?

Sure. Uh that's a great question. The um so there's there's several different components and I and I wanted to be careful not to get too strict about residential only because there can be an outpatient component to it. There can be you know family education component to it. Typically in a cabin would house four or five um at the at the most pro depending on the size of the cabin. Um more typically probably two or three. Um and again I wouldn't be looking to bring in you know 10 buildings right away. It would be something we would grow.

Um you kind of answered a couple other questions. Um my from the the concern that I've got after speaking with staff and and um public safety is that the the number of calls to mental health facilities that we have currently in our area is is quite staggering. Um, we we as a council have prided ourselves on running lean mean staff um on in all of our departments and I just with the access with the history of what's happened to a firet truck trying to respond to a

a fire out there. I I have some reservations just about the number of added calls now to the system that could potentially happen with the limited potential access. Those are comments, not really questions. So, can I can I ask a I'm I'm just want I'm just trying to understand are these calls you're getting people seeking me just from our different like I mean there's Cedar Crest, there's Daybreak and just the number of police volume calls and and services.

Yeah. So I I mean I can address that and I know in the in the PNZ meeting that Cedar Crest has brought up, this is something very different than Cedar Crest as as as well as I know Cedar Crest. I've never worked there. Um I think they're much more acute um much more um stabilizing. You know, if if there somebody's having a mental health crisis, suicidal, they might be brought directly there um or straight from a a mental health hospital. This is um voluntary. Um this is not working with, you know, detention centers or police. This is something that, you know, a family might call and make a reservation for more more. So, it's not emergency care, I guess.

So, help help us. I I think that's I think you're starting to touch on one of the things that we don't understand about what the plan is. Um, if it's somebody who's had trauma and they're just working through stuff and they just need a place to go work through stuff and just sit with counselors and talk about it. Um, if there's addiction issues and they're trying to overcome addictions, that's a different kind of problem, right? There's more acute trauma where there's um behavioral issues, sometimes unpredicted behavioral issues that creates a danger for them and those around them. Uh, we we don't because it's broadly stated. Yeah,

the mental health working with mental health patients is from involuntary which is very hard now. I mean pretty I think even at Cedar Crest if they want to walk they can get out and walk even though they're acute they can walk and then they're just walking on I35 access road, right? Um and so this is kind of remote. It's not close to any other thing. So that's I think that's what we're trying to understand is this what what type of service and what type of support and security and health and safety and all that they would probably have to go with this.

Yeah. So for a lot of these kind of treatment centers um they'll refer to them as dual diagnosis. So they'll have some maybe have some substance abuse issues along with mental health issues and we can get into usually one feeds into the other. There you go. I mean it's you know it's it's hard to differentiate where one starts. You know

but the you know I I I understand the the fear and hesitation of dangerous psychotic patients coming to Belton. I you know I I understand that that is not what this is and um if somebody cannot participate is so acute or so unstable that they couldn't participate in our everyday programming in our um you know in working in a group working as you know um in in counseling groups working with families then they're really not going to be appropriate for this level of care. That is something that Cedar Crest is more positioned to do. Um the uh as far as as far as staffing it, I do think it will bring some jobs here. Um it's a lot of mental health counselors. Um could be some substance abuse counselors, but a lot of mental health counselors. My wife is professional [snorts] counselors. So um that's certainly up her alley. um psychiatrist, psychologist, um we call them mental health technicians or behavioral health technicians. Um and then you've got, you know, ancillary u you know, cooks, maintenance, um u you know, uh ropes course, fishing instructors, um yoga instructor, those kind those type of things. So, um, again, if they can't do those daily living things, then they're probably not going to be appropriate for this this level of care.

So, what type of license are you looking to get from the state for this facility? So, there is a residential treatment center license. Um, we're not I is from what I understand, we're not mandated any lensure. Uh, I've always worked at licensed facilities. Um there is also accreditations like joint commission. Um there's an accreditation called KARF that is a little more specific to mental health. Um it's really more robust than even um going through this because they're you know they're exactly what they do and they they look at all levels of um your facility. But uh it would be a residential treatment center. Okay. No, all RTC's have to get a license with the state.

Do what? All RTC's have to get a license with the state. Yes. Yes. Yes. Okay. But usually it's for a certain amount of beds. It's for an age group. What are you What are you looking to How many beds? Yeah. What's your target audience?

That's right. There there is no specific residential treatment center license for mental health primary that like that. um they're they it falls under it's I think it's chapter 42 of the the state code but um yeah we're like I said we're probably looking at you know maximum 40 to 50 beds at the most down the [snorts] road um and um yeah I sorry what was your other question the like what's

oh well yeah so I currently I'm working with adolescence um I've got a uh running 134 bed program in Liberty Hill with um adolescence age 10 to 18. Um I you know I I I've worked with adults. I've worked with adolescence. I I'm I'm I want to see a little bit of what the market here needs. Um I think there's a huge for teenage and early adult um care. So you know um es especially on the mental health and um you know with since co most countries have seen a decline in suicide rates. America has seen a big rise in suicide rates and um that's something that certainly got our attention a few years ago and wanted you know that's kind of what got us into working more with with younger adults and adolescence. So, how I mean from your description of the type of patient you want, it sounds like I mean usually any RTC it's a higher level of care than if you're just going to see someone one hour a week, right?

Um you get a high level of acuity and um seems like you're saying you want the pleasantly psychotic people, not the tough ones. And but you really can't screen that out. I mean, if you're licensed with

RTC, you can certainly screen them. Um, that that is a huge part of every RTC is their admission and intake process is screening. You know, any former records, you know, we dig into what what got them here, what's their past behaviors, you know, if somebody has been in any way or, you know, aggressive, then they're going to be ruled out. Um, so that's a huge part of the the process is that it's not you can't just walk in off the street. It's not that kind of facility. And is this in partnership with a a larger group like UHS or Acadia or anything like that?

No, sir. I I think the challenge is um whatever the intent is when you open the doors um if it becomes a business um that that pays you you really look at where the you're not really screening as you screening is secondary um because there's no there's no like let's say if if you guys are operating or somebody else is operating and the level um of as Daniel brought brought up is the the the level level of care required exceeds what you guys on your own and now police and fire and EMS is having to intervene. Yeah. Um there's no

there's no coming back to to city and reszoning or changing the zoning and once we open the door it's open.

So I I'll tell you at my current location we get 40 calls a day. we are turning away 85% of the cost due to not meeting what we're looking for in a patient. So it I I hear what you're saying, but um there there is a level that is acceptable and if it's run well and it's and it's done correctly, then that stuff just doesn't happen. And I mean I've never had any I understand there may be kids or adults running away from Cedar Crest, you know, every day and running down the street. I've never really had that issue in our facilities. Um and again, I've been doing it for almost 20 years, but not saying it can't it won't ever happen. But um the yeah, you know, there there is not all mental health is the same. Not all addiction is the same. Not all patients are the same. And um you know, there there is a there's a a stigma around them around this level of care. But I can tell you a, you know, um, for instance, one of one of the facilities I worked at, we specialize in treating doctors and airline pilots. And, and that should scare you to hear we're treating airline pilots because I mean, it's true. We, you know, these are professionals. These aren't um, you know, homeless guys on the street. This is, you know, it's a professional business. That's what kind of treatment center we want to run. Um, and and honestly, I wouldn't I you know, I I wouldn't want to run a acute hospital. I mean, that's something different.

Okay. [clears throat] What makes this harder is the PD part because you have to kind of get it right tonight. And um so I don't know what everybody else's, you know, opinions on up there is, but um I certainly worry about that um the number five that access. And then um just kind of my last point, you you you kind of gave a range of 20 to 50 capacity within the 10 is that those those are all individualized quote unquote patients, correct? They're not they're not bringing like three people to stay with them for a weekend or No, that would be okay. Anybody

and the and the road with the the I you know, we'll I think this 14 foot drive, right? Uh for you guys and you know, we'll make sure it's all up to code and they can get in and out. I mean, that's that won't be an issue. There's plenty of room. Um

are you planning on having this fenced all the way around? I don't know how I would fence it around with the it's the the lamp passes pretty much determines my southern border. So I I don't I don't really want to fence in front of the river. Um that there's already existing fence uh on the north boundary and going down to the river. Um and we would make sure that's well taken care of. The entrance looks nice. It's, you know, it's it would be fenced and um but no, I I don't I I I would much prefer not to fence the riverside.

And you know, we've all um dealt with people in our life um friends, family that um are dealing with this. The challenge many times even when they present normal, sometimes they are not decisional. They're not making their own decisions. And that's one of the reasons they're getting help is they're they're not making good decisions or they're not able to make decisions. I think that's another concern is that if someone is not decisional and there is no fence between them and the lake, they're or the river, they're in the river or you know and don't even maybe even know and I don't I don't want to go into people's minds and why they but our concern is not only for the benefit of the community but also the benefit of the people that would be there that if we allow for something that could potentially be unsafe,

uh that we can't go out and undo that. um we do it once and so I think fencing uh fire those are things that I think are valid concerns for

absolutely and I mean all I can say is that I you know I' I've never had a patient seriously harmed under my care in 19 years and you know safety is always our we we would bad reputation very quickly if safety wasn't our number one concern I mean those kind of places uh just don't don't make it very long in this business or you know they are I I I understand you guys you know are just learning about this and about me and all that but all I can tell you is assure you that that is not the kind of facility we're going to run here. This we want it to be a top-notch facility. Um safety is paramount. Um you know the the patients rights, the family's rights. Um, you know, these are all things that are, you know, it's [clears throat] that's number one for us in this business. So,

and I guess it doesn't have uh as much to do with you as it does the zoning. And if you decide if we approve this and you decided to sell it in two years and somebody doesn't have the same attention to detail and the same dreams and wishes as you do, we've got a much different facility out there. And so, we want to make sure that uh Okay. Are transferable teacher trucks? property. Stay with the property. I have a couple zoning related questions. Uh Tina, kind of kind of on this. I mean, is that the only option we have? And then I'm a little This is probably just Stephanie, so my forgive me, but I'm struggling with why is it multif family versus commercial?

Well, we were looking at the future land use map to try to figure out which one meets both of them. Nursing homes are allowed in multif family. Okay. Um so we thought, well, this is kind of a similar take on that. So maybe um multif family allow for the same kind of treatment. Um and also there's a residential component. Most of that was residential. It mix in with both the mixed use one and the residential um future land use would multifamily specialally use apartment. Yeah, that's what I'm thinking. Stephanie is

but if something did happen with it then that I mean if something did happen where this didn't come to fruition or didn't stay you sold it whatever but that didn't stick with the property and that's why this is a PD you can add conditions onto this okay that's why I mean I don't see this as multif family this isn't resident it's as much my first proposal was commercial and after going back and forth because it didn't really fit type of a treat so I I was going by, you know, whatever his suggestion was. So, I'm I'm open to you guys on that. And then this is zoning only. So, there's still other steps before this can be

platting and construction plans before. Okay. [clears throat] And also, even with this approved, what they currently have, we would still do what we call certificate of occupancy, change of use, have our inspectors and fire department go out there um all the zoning stuff. If you want to add the fencing requirement that's part of the PD, it could also be looked at as part of that CFO requirement. Yeah. And I think I think I think one is um you've stated there's a huge need.

The the fact that we don't have the mental health facilities and people who can help people in that area is is really sad. And and it's great that you're you see this as as a needly obviously financially, but but it's you're helping people. So don't take anything we're saying as not not supporting your efforts to help people. Uh we just want to make sure that we um we get it right. Do the right I um I was actually Thank you, Noah. I appreciate your compliment comments, but um

I was going to see uh Chief Berg, do you mind kind of speaking to when it comes to resources with RTC? I know you a lot. Could you you talk to us about that?

So, council, uh we we do quite a few calls to different facilities. Daybreak, Cedar, uh Cedar Crest, and we also have the detention facility in in Belton. um when we when we do need to go out there, usually it's a rapid response. If it's an assaultive type behavior, um you know, I I too agree that there is definitely a need for, you know, we we diversion center. Our officers do everything we can to get people into the diversion center. U my biggest concern with this would be the location and the reason why is because of the response to the river. Um you know, somebody could be one one medication away from making a bad decision. um when you have the water down there. We've done water recovery down there before. We've done dive teams down there uh to recover bodies out of there. Um to to save a life is it's a lot farther uh to get to Cedar Crest. We have to go to Shakeland Road and turn around and come back. Uh when you've got somebody who's got a shard of plastic or a shard of glass who's who's threatening to cut up staff members uh because they didn't take their medication, it it's concerning. Um this would be even farther to get there. Uh, I just I think the location's bad. Balancing those locations, we you know, we had the CEO houses. Um, several hundred calls in a short period of time. Um, those were kids and they weren't they weren't even treatment center. It was just kids in need of placement. Um, so it just depends on who your clientele is, who your customer is. Um it it's the balance is finding that that location where it's going to be beneficial for the the mental health consumer but also for the general public quality of life and public safety. Um I would hate to see a staff member get hurt because all the way down to to de Hoy or for her to come back around get back out there on on a side side road off a toll bridge uh because of the distance from main resources. Um, any other questions that I can

So, if a kid escapes, which I know they do at the RTC at Cedar Crest quite often. I mean, it's not a let me send one officer. It's a all hands on deck.

All hands on deck. U, it's one of the reasons why we're looking at drum. We can get thermal up there, try to find them. They get off in the cedars, they get off of the woods and stuff. It's very difficult to find some of these kids, especially in the hours of darkness. Um, another thing that's going to come with this too is is as people are getting their treatment, it opens up the door of Pandora's box. They start to report things, sexual assaults that occurred and things. So, it's you're going to have those to the detect the Austral detectives taking more sexual assault cases um last last year annual report uh because of Daybreak and they're doing good work. I mean, Day Break and and Cedar Crest are doing very good work. They're getting people to come forward to report crime and unfortunately we run from an average of 16 to 17 sexual assaults to 46 last year. Um so do we want the truth out? Absolutely. But it's also comes with that cost of extra detectives, extra police personnel, extra reports, extra software. They they do they do have a strain on resources. But like I said, my biggest concern is that that quick response when somebody's life is in danger and how fast can we get there to to to save a life.

Right. Thank you. Thank you. Any other comments, questions?

Um I just I haven't spoken yet, so I feel like it's fair for everybody to know what I'm thinking. Uh and most of my thoughts about this have been mentioned by other folks. Um certainly there's a need um no doubt about that there's there's there's a need for for more mental health treatment in our community. Um I think the uh the concern about the location is understandable. I think you're also talking about being less than a mile from a new school that's going in and a new subdivision that's going in with 1700 homes. Um, and there there's some things that I just don't know the answer familiar enough with to to understand. You know, when I think about it, the idea of somebody who's having an episode or trouble or whatever escaping the facility and causing problems to to whatever's going on nearby seems like a legitimate concern that we need to be cognizant of. Um the um talking about the the drain on resources, you know, we've we've turned down developments before because we're not sure about the water and the sewer capacity that we have to serve those developments. And so considering this as a development and questioning whether or not we have the emergency response capacity to serve the development, I think is a valid a valid question. Um I want to see something like this work. I really do. I think that um I think that the the good that can be provided um is substantial. I think the questions surrounding it are also just kind of really present on the front of my mind. And so I I don't I don't know that I'm for it. I don't know

that I'm against it. I I I'm really having a hard time with um with weighing the the potential positives and the and the questions as well. Respond.

Not right now. Okay. Sorry. It would seem to me that fellow council members that it may be appropriate to postpone this and let staff work it and come back with answers in conjunction with the applicant to the questions that we we do have to get it right the first time. I know there's requirements within lensure but there's various levels of lensure. I don't I don't I don't know where truth falls but I don't think we can get to it tonight. To that end, I would move that we postpone this to a future meeting and give staff time to work up on the issues that we've raised tonight. Second. We

have a motion, a second to postpone this to a future meeting. Any comments or questions about the motion? All in favor to postpone to future meeting say I. I. Those Right. Passes unanimously. Thank you. All right. Thank you. All right. Um, item 18, hold a public hearing and consider zoning change from plan development single family 2 to amended development single family 2 on approximately 1.4 acres uh located on East Avenue R near the northwest intersection of Avenue R and Miller Street. Miss Moore,

thank you. Um, might recall this change and a subdivision plat back in 2022. Um, we reduced a couple of lot standards for this infill project. Um, this request is looking at the production of the front yard setback. There are three homes. They're historic homes that were taken from Pearl Street. Um, they're on the National Register as the gray rental homes and they have been placed over here to preserve them when bought the property a couple years ago. Um, the Sussigan is looking at the reduction of frame setback. The applicant had received a setback reduction for the lot on the corner of Avenue R and Miller Street. That is a tan house that's shown in the bottom picture. That got is a corner key lot. So requires a front yard setback of 25 for both Miller and Avenue R. Um but we amended that um zoning request to allow for 15t sideyard setback um on that corner. The applicant then aligned the new homes that were placed in the adjacent lots based on that um setback requirements. Um unfortunately the plat had a 25 foot setback instead of 15. Um therefore this amendment is to look at adjusting that to um the 25. This area is in a future land use map as a multif family. Sorry. Water and sewer is provided by the city. Letters were sent out. I believe there was one letter of objection inside your um packet. Um the applicant realized he's has made a mistake on this and he has a um donated $5,000 to go to our park improvements um nearby is um the splash pad on soft wall street um that he has provided. Um with that this will mend this to allow for all of the previous PD which was the lot size area was not large enough. The depth of the lot was 89 instead of 100. Um the front yard setback would be from 25 to 15. Um and a sideyard setback of five would be

permitted as well. Um we do have a plat survey that shows the house to be about 19 feet. Um lot number seven. We're still waiting for accurate survey, but it does appear to be aligned with the other houses that it meets the 15t front yard setback requirement that we're requesting. Um the applicant is here and I will be happy to answer any question along with Mr. Guest.

Okay. Right. Again, this being a public hearing, if anyone wishes to speak, well, we'll close the our deliberations and open the floor. If anyone wishes to speak in favor or against this zoning change, now's the time to do so. Good evening everybody. My name is Jason. I run JJ Realy Group. Uh Larry Guess is my client and we have been trying to get these properties under contract and we now have two buyers who are currently contracted to purchase these properties and wait on breath for the approval of the council in order to move forward with the purchase of these properties. Uh if they cannot then our only option is to continue to try to come back for this variance and change these plats as the homes are already there. We have people living in those homes. There's two other homes that are already set and have been sold again with that same uh structure of the way that the way the street is currently. Um so it's not anything out out of ordinary or out of normal for what the street looks like. Um and if we can't do that, unfortunately our only option is to now evict those people who are now currently leasing those properties because they had nowhere else to go. Uh and so I know that that's not the best thing for you guys to have to deal with, but unfortunately that's what their position is. So, I'm not only representing my client, but I'm representing their interest in this property so they can purchase it here in the next couple days and move forward with their lives. That's all I have.

Jason Johnson and address did you give I live in Temple, but I've been part of Belton here for a long period of time. Yeah, we she just needs it for the record. Address 517 Cherokee Drive. Thank you. Any other comments from the floor? There being no other comments uh from the floor, we will close the floor and reconvene deliberations on item 18. Appreciate your comments.

Um just it's not us in this position. Um just want to make that clear. This is not a a council uh created issue. Um yes, they're in library, but they're also out of line with what the original plat said. Um, so just want to clear that up for the record. This is not a a council imposed position. Um, and so I understand that some some amical stuff has been done, but um, I do feel us as a city um, we need to probably put a few more protections in. Um, especially in areas where we're not doing um, formounts for foundations of slabs. if a house move. I think part of that this is we probably should just have an inspection done to make sure it's where it should be before kind of future work is done. Um this has happened quite a bit to us recent past about you know corners of homes being over sewer lines and all this kind of stuff. And so I just really love to see a emphasis on trying to clean up some of those items to where we don't have to do this um in the future. So,

does a residential home require a certificate of occupancy? Not unless they ask for it. There has been a building final inspection done to make sure it meets all of the requirements. So, if a house moved and placed in the wrong place, at what point does the city inspect that to say it's good? Normally with new residentials there is a foundation and setback inspection that is done early in the process with the plumbing um underground plumbing to look at that. Um there's also a survey that we required but that usually comes a little later but before they actually pour we usually will have some kind of idea of what the setbacks are. They don't have a foundation in their pure and beam that's where it becomes a little trickier. Do we

because there's plumbing and that's why should should we not have something in place that a foundation whether it's toward or peer and beam or post or stick? Yes, we're modifying our process now to make sure that that is one of the first requirements that we look at. Um probably are going to be working with the builders to come up with some requirements for how we determine where the property lines are because it's really hard to see where some of the infill. um making sure that we have where the pins are, maybe some posts to show where they they are, and maybe some strings that we can use as markers to figure out where the property lines are and the setbacks should be.

Yeah, because my guess is they probably have water, so they're paying city for water and so knows that they're living it and we we should probably have something so we don't get into a situation like this. Yes, sir.

Future, I I'll say this. Um, it's a long evening. Um, two things can be true. Larry, you you've been a great partner to the city. You have helped restore a lot of the neighborhoods. You've helped with infill. Um, uh, being able to save some historic homes is really good. U, we appreciate your work and you've been a great partner. But two things can be true. In some cases, you have been a bad actor. You have asked for forgiveness instead of seeking permission. And um it's gotten to the point with the council um that it it at at the next time it may be a no

and you may have to move those homes and you may have to deal with the repercussions of that because legally that's what we can do. But we want what's best for the for you. We want what's best for the homeowners. It's our understanding that there may be some people that are living in a non-conforming home and that there are issues with um their title insurance and that you may not be able to resell it and the title company's going to have to write a check and those are friends of ours too that owns the title company and so it's money out of their pocket because we've we we acted poor. So I needed to say that sorry you know two things can be true good partner sometimes bad decisions. So um that being said any other comments or

are we sure that these homes where they are the 15 foot? Yes. Yes sir. That that information is new late today that we got the information that the homes two of them are clearly 19T 19 ft. The other one is uncertain, but it looks in the same line. I can't absolutely guarantee it, but they certainly appear to be so. So, a little bit of a risk there to to authorize that and a little bit of wiggle room. 4 feet to 19. He said he could answer. He could answer that.

When you got the surveys for those properties in particular, um the variance was only needed for about maybe 3 to four feet of the actual home that was just over that actual build line. Uh and so they show quite clearly that we gave to our clients in order for them to actually purchase the property, they're well within the setback uh for the new 15, they should be within there with no problem. And uh another question for you if you don't mind. Yeah. How many of these properties does Mr. Guest no longer own because they've sold?

They haven't sold yet, so unfortunately they're still in our possession until we can do that. Yeah. Um, and this precludes them from being able to be sold until thing there because no general lender will actually approve a nonconforming uh survey in order to actually purchase the properties. So then you start looking at what's the highest and best use. Now it's no longer even viable for someone to actually purchase. This would clear up everybody on that street and I understand that the history guest may have perhaps be something that the council is privy to that I'm not. But again, I'm also here on behalf of those clients as their agent. Um, they're currently in the homes renting them, leasing them from us because they had nowhere else to go and they needed to find a place to stay.

I understand from you that if this is approved, and we thank Mr. guest for his $5,000 donation to the park fund to help help smooth that. That then all of those homes and particularly the new owners have been made whole as it relates to their ability to to close homes and to finance them. I believe so. I'm trying to think back on the plat for sure. Yeah. PL issues.

Yeah, the the plat approval map actually I do know, sir. um that because I saw what was actually submitted to planning and zoning um and it showed there was one property in question that had already been sold prior uh that was one of the three the two that I represent currently are the two for absolute certainty but as long as the whole platform that subdivision is changed which I'm fairly certain it is about within 99% um then yes it would take care of that one home that had already been sold prior about a year prior the other issue is um with the plat having an owner who's already closed on that, they would have to join in the plat. So, there's some plat details that need to be worked out.

So, we need to we need to postpone action so we can work out the details. We write make the right motion or we make it and make another one. Well, the plat is being done administratively for review. Um, it's currently in for review and there's some comments that's been sent out to the applicant, but staff has handled that as a administrative amendment. So the minimum lot area, minimum lot depth, 15t set back, 5 foot setback that everything is going to fit underneath that umbrella. So our action today now you may have more staff actions but we need more council actions. I would recommend addition of the requirement to plat the property in conformance with city standards within frame.

Uh just that it has yeah it has to be done in 30 days. All right. Okay. And there so I asked if a property had been sold and you said no and then you said well yeah there was one.

So there's three properties in question. One uh which is just to the right of 498. I don't know the address. That property had sold prior. So there's these two on the top left are the two that I currently represent and have the listings on. Um if you look on the top right you'll see the fence right there on the top right hand section. There's another little white one right on the right hand side over there. That one had been sold prior. And I can actually pull up the plat that had been sent for approval to just double check and make sure because I do have the plat that was submitted with the 15t build line. It's all in the change because the plat for putting these on was already there. So the only change at this point in time is just to move the build line.

There are other amendments that we're also working on. Um there's a for the backyards. Um there was a change of plan. Where is the front for those? um instead of what staff thought was the front for setback reasoning, the applicant is asking to for a change in the rear yards as well to identify what is a front yard. It is. Can you say that again?

There is there are it's a flag lot. There are eight lots in all. Um the ones that we're working on um include the rear lots. There's a question about what is considered the front yard in those areas. The applicant does not want them facing the homes. that's in the front. He wants them facing each other in the rear. So there is a question of identifying what is considered the front lots on the plat and identifying the setbacks on the plat for those front lots. Those haven't been filled yet. So that can be determined after that those recommendation for us.

We need we need a plat file approved by city hall. That's what we need. So you're asking us to approve this as presented with the addition of a plat thing I would say you know you may want regular improvement is you're approving the change from a foot setback which was originally Spanish set back to a new 15T setback which is in it has to be replatted other the city on a amended platform until the We have a new plat with the 15t set back. Their problems are not solved.

I move we approve this with I move we approve this with the foot set back and yeah finish it up. Great. Yeah. He he he said he said so move when we were talking about uh with the requirement of the plat. So and and it's listed at the with the all in that. So it's those items. Okay. We have a motion and a second to um approve the the change with the minimum lot 5784, minimum lot depth 89 ft, 15 foot yard setback changed from the original and a 5 yard uh sideyard setback. Payment of the park dedication and the requirement to have and the payment of the park dedication fee.

Yeah. Yeah. Yeah. Payment of the dedication and the requirement for um a flat to be filed within 30 days. within 30 days. And that's the motion. And we have a second. We have a second. Yeah. And now discussion. Uh

I just want to make sure does that mean with everything they've said that the people who actually bought one of these houses are protected and they'll be able to sell their house? No, I'm concerned about that because one of these properties is not owned by Larry Guest and Larry Guest is reszoning it and I think that is not right. I think we got to I think we got to bring them in on this deal. All the owners have to sign. We want to be sure that the ownership.

So if we vote on this tonight to with somebody's property have been reszoned and they have no idea that we just reszone their property. I know we're saying a plat's got to come, but zoning and platting are two different things. Yes. But I also are nonconforming right now. Right now they're nonconform. They're I think what David's what Dave's saying is they we need to give them an application to have a reasonzoning of their property and not charge them a fee and not charge them a fee. Maybe somebody else could pay the fee for them. Mr. G and then and then we'll have to do that because he's right. You you you can't reszone my property.

It's not going to be a title issue. It does need to be correct, but flat is what's going to fix their title problem. [clears throat] Okay, we're trying. If we if we go vote to improve this, staff can take care of the rest of this within 30 days and make all these especially the property owners that just closed whole. Well, at a minimum, this will allow for the properties currently owned by Mr. Guest and being represented by you to to happen. And to Dave's point, if there's a not if there's another one that for to dot all the eyes, if it needs to come back, then bring it back

because this is only allowing we need to the property from reszoning. Coun the council has the authority to approve a zoning even without property owner concurrence. So that's that's less of a concern. I think the plaid as as the attorney said is the most significant. I believe we can handle that administrative part. The 30 days is a recommendation to secure compliance for the property owners to do that in a timely manner. We've got the holidays involved. We can respond very quickly. Yeah. They have got it in in time to 30-day time frame.

And staff's going to administratively either approve or deny the flag lots with houses facing each other backwards or upside down or whatever comes up. I don't know. And the ability to get fire trucks to them. I know we've talked about this before. An ability I think that doesn't need you want the PL to come to you. You can have it come to you. I think I would be in January. It won't be Yeah, it's be weird. Yeah, it won't happen till January.

And it'll have to do if we come to you, you have to find that. Yeah, there's a motion in a second to approve the zoning and the plat needs to in the next 30 days. I'll make a motion to amend the motion that uh the plat doesn't have to be within done within 30 days, but it does have to come back to council for approval. We have a motion to amend the motion. Second. We have a motion and a second to amend the motion. Um any discussion on the amended motion of requiring the uh plat to come back to council?

There being no discussion about that all of um of approving the amendment uh to the motion to require the coming back to the council say I I those opposed passes unanimously. So now the motion in front of us is that we'll um require Oh, sorry. Yeah, sorry. It's all me. Yeah. So, yeah, all of those things plat required and and the 5,000 and then um the plat comes back for final approval. Any other comments or questions? All in favor say I. Those opposed? Passes unanimously. Clear as mud. 75 or 100?

There's another one here. All right, there's another one. I lost where we were. 18. That was Okay, we're 19. I think something about dog grooming. Okay, there we go. Hold a public hearing and consider an amendment to the Belton zoning ordinance related to homebased businesses and adding a category for dog grooming. Mr. Vanill,

thank you very much. We're going to talk about two to the zoning ordinance. One is for homebased businesses. The other is for adding dog grooming as a category to the zoning ordinance. Um the first one I want to talk about homebased homebased businesses. Uh we're reacting to a um a law that was passed by the legislature in this last year. Uh the law adds a category called no impact homebased businesses. And this uh type is this type of use is allowed in a residential area providing that it's only used of the uh the house or is secondary secondarily to the house secondary to the house. I think that's correct. Um, it cannot, you know, they have this infinitely wise thing to say, you know, we don't have any right to regulate these things, but it it has to preclude things like alcoholic beverage sales, illegal drugs, and uh, you know, sober living homes. I have to tell you that because that's part of the uh, the law. uh further goes to say you know cannot uh u uh that the city is prohibited from regulating these kinds of uses. Um can require for example we can't require things like uh permits or sprinkler systems or things like that. There you go. Um, the law does require that no impact homebased businesses adhere to things like fire protection, building codes, health and sanitation, transportation and traffic control, uh, solid or hazardous waste requirements, pollution and noise control. Um we are uh suggesting that we add uh to replace what we currently have in our ordinance which is home uh which is home occupations uh to uh the homebased

business. So that's consistent with the wording in the law so that there's no confusion confusion if there is a um uh some infor activity related to this uh uh this type of activity. So, we almost look at it as a housekeeping housekeeping measure. As you can see, there's there's some exceptions to the no impact uh homebased business criteria. You know, you you cannot have employees and clients that exceed municipal occupancy standards. Um, and I will tell you right away, we we don't know what the legislature means by that. uh no on street parking, no substantial increase in area traffic, no visibilities from the street, no violation of municipal noise ordinances, etc., etc. Now, we do enforce homebased uh businesses uh on a complaint. So, if somebody complains about something that they believe is in violation of these criteria, uh we do act on that. I'm going on to the next part.

Please do.

Thank you. Uh the other is um about dog grooming. Excuse me. I'm every time I look at that picture I I'm tickled somewhat. Uh we do not have a c a category of dog grooming in our zoning ordinance. We've had some applications to uh to operate a dog uh grooming facility in our city. We don't have as I mentioned we don't have that in the zoning ordinance. Uh we do have a process but we can make a connection with an existing use but we have not been able to find that. So for clarity sake we feel like we should add that uh use into the zoning ordinance assign it to the neighborhood services category. We've created the definition um in our zoning ordinance in the proposed zoning ordinance. We do however allow it within the uh the uptown, central downtown areas in the main street zone through the imagine built and and it's it's it's categorized as personal services and and that kind of thing. So uh these two recommend uh these two amendments our recommendation to approve them. Uh our planning and zoning commission met on this on the 18th of November and recommended approval of these changes as well. Happy to answer any questions if you have any. Thank you, Bob. Again, this being a public uh hearing, we will close our deliberations, open the floor if anyone wishes to speak in favor or against homebased businesses and adding the category of dog grooming. Right. There being no comments, we will close the floor and we will reopen council deliberations on item 19. Chair would entertain a motion.

I make a motion we approve item number 19 as Bob has presented it. Second. We have a motion and second to approve item 19. Any other comments or questions? All in favor say I. Those opposed? Passes unanimously. Thank you. Thank you. Uh item 20. Consider a variance to a sidewalk requirement on Blair Street Town Project. Encompass 1.94 acres located on the northeast corner of Second Avenue and North Street. Miss Tina, I promise this will be the last time you see me tonight. So with this, [laughter]

all right, we had a meeting on this back in November where we approved a plat application. We also approved a variance for rideway dedication um street to allow um the five foot um area to remain with the applicant. Um just to clarify this um location um the applicant property is the plat that's shown. The green area is where the drainage facility is. The yellow area is city- owned property that's adjacent to the rightway. So, just wanted to clarify that on there. Um during the meeting, our um apologize. Um during the meeting, our city council had recommended that staff work with the applicant for different options for the sidewalk to see how that is feasible. With that, staff immediately went to work to see how that could be possible. And our public works director Scott Hottie will be talking to you about those options. And I will pass the mic on to him to talk about those. Thank you Tim.

With that directive, we kind of just looked at some options and what would be viable for this area. And uh for option one, uh we looked at a uh basically a drain concrete drainage channel that would go through there with retaining walls. Uh which would allow the sidewalk to be placed backside of curb as you see there in that wide area. Uh the two orange areas are showing the retaining walls. Uh handrailing would also be necessary because of the drop down with the retaining walls in that area. And then we worked a third party engineer on this and kind of came up with the prices that you're seeing there around $600,000 to incorporate that. Uh we also took another directive and looked at option and looked at uh 3x6 box coververts in this area to clean up this area in a in a different manner allow vegetation to be placed there along with the sidewalk that you see there in white. Uh and in this uh instance here, handrailing would not be required, but at that estimated cost a little under a million dollars to to do that. Um with that said, we kind of consideration alternatives. We um we feel like the sidewalk in that area for options one and two just are not feasible for that area. We feel that we can look at other areas which we did on the uh south side of second there at the county complex area there. Right now there is a pedestrian pathway there. it is not ADA compatible. It still needs some some ramps and some uh a little bit of sidewalk there. Um but with that saying that we feel that a future public project could be done toate something on that side and not have to work through the north side with the drainage issues that are there. [snorts] And with that, I'm going to let Tina come back in here unless you have some questions. I'd be happy to answer.

I I do. Um, so with this, um, like you said, there's not an official sidewalk, but there's a surface that could be used as a sidewalk. Um, and with those additions, uh, would those the kind of gray areas on the crosswalks, would those be pedestrian like striped areas, which they would be um, kind of protected? The little crossways you see there, there is sidewalk currently right now by PD on the um, east side of Mule House there. There you could add a crosswalk across there. a little section of sidewalk where you see that in the area by mule house. Couple other pedestrian ramps if need be if you wanted them to cross second such and with the proper signage and stuff. We believe this could be handled. So, and this will be something that the city handles in house.

Uh yeah, we look we see that we can do this in a future project for sure. So with minimal cost,

at this juncture, the applicant is asking for a full waiver of the sidewalk variance um to be approved um by city council tonight for the Blair Street town home um final plat. Um that concludes our presentation. The applicant is here. Did you have any questions for her and as well as for me? Right. So, we do not have a public hearing. Uh but if you do guys have questions for the applicant, we can do so. Uh chair would entertain a motion discussion. I appreciate just taking look at it because I know it kind of came up, but I kind of see no problems with us kind of handling that that in-house option. And um you guys do great sidewalk work as I've seen firsthand. So, um, I make a motion to approve as is.

Second. All right. We've made a motion and a second to approve the sidewalk variance to not require that of the applicant. Uh, something we can look at uh, short-term and long term. Any other comments or questions before we vote? All in favor say I. I. Those opposed. All right. I see unanimous. Item 21, hold a public hearing and consider an ordinance uh ending the fiscal year 26 fee and rate schedule. Amy,

thank you, Mayor and Council. Um each um November December time frame, we come to you to uh request an a a change to our solid waste rates. Our contract allows waste management to bring forward um a suggest a proposed increase based on CPI and diesel fuel adjustments. This year they've come forward with a 3.89% increase which is reflected in the proposed rates for uh January 6. Um I'll read on those individually. does represent the main increase for both residential and business. Also, we're requesting a change or an addition in our credit card payment please for the recently acquired hotel occupancy tax software and also recreation uh software that has payment processing fees associated with it in within the software. And so we're looking for a credit card payment fee of hotel occupancy taxes of 2.9% plus 30 cents. The same with credit card payments for recreation fees at 3 and a half% plus 30. Um earlier this year the council approved special events permits and and fees. Those did not make it into the fee schedule in September. So, we are recommending that we delete the current parade fee, which is a $50 per event, and add an event fee with the deposit, a refundable deposit, and then the uh labor costs for police and fire personnel at those events

as well as event attendance. And then finally, um, within the fee schedule in the fire services, there are several, um, fees that talk about reinspection. And the fire department has requested that those be increased to, uh, $50 from the current $35 in order to be um, in alignment with all the other reinspection fees we have there at $50. So, we're recommending that you hold the public hearing and then upon closing the public hearing, adopt the ordinance with these speed changes to be um effective January 1st, 2026. I'll be able to answer questions for you.

All right. Thank you, Amy. Uh we will um as she just stated have a public hearing. We will close our deliberations and hold a public hearing who anyone wishes to speak in favor or against the fee and rate schedule. Most people will share their displeasure of that after they pay one of those fees, but now's the time to do it before you have to pay one of those fees. Still no one wanting to say anything. All right, we will close the floor and reopen the deliberations on the fee and rate schedule. Amy, could you go back to the event uh event parade?

Can you explain this one more time to me? More detail than I

The braid fee is what we uh currently have is $50 and that's if you want to pray you want to close the street. That's the only permit we had. We changed the event or the special event permit that includes a parade fee or a road closure fees. It's all included in that. So, we're doing away with the parade fee and now it's a special event. This was was all done in to increase the quality of events that we have downtown and to limit the number of those events for our downtown businesses. And so, that's what that was all approved when the special event policy back in 2024. the fees that were attached to that were not added in September missed that deadline. So now they're trying to catch up on that and get them added now so we can we have we've been using the policy but have not been implementing the fees at this point.

You're questions about the individual fees. I can try to answer those too. Well, so just an event fee I mean to do an event fee with a deposit you're saying if anyone wants a special event fee they've got to come up with$ 12250 and then they get a,000 back. Is that correct? That's correct. The 250 helps offset the cost of us setting out barricades and during through the process of getting an approval process. That's what the fee is for. Okay. But this is any this isn't just a parade. This is any event any special bit any what does that mean? The road closure kicks off the special. Okay. They can they can rent a park. All that stuff has nothing to do with this. It's just if you want to close the downtown streets or the streets in in within the city. Got

that's what this has to do with I I do feel like that fee can be substantially higher uh you know for if we're shutting downtown down and you think about the economic impact that has on brick and mortar businesses down there and uh

I'll vote for this tonight but I think next year when we look at it let's let's look at really is that enough money. There are instances, I know, when neighborhoods ask for a block party or they'll ask to have some barricades put up and that was included in the $50 fee. Uh, totally understand the downtown. Uh, and I think that may be in line for a year or so. Uh, and maybe if there between a neighborhood party and blocking the neighborhood street might be a little more useful to neighborhood citizens. Yeah. But it's good for tonight. Yeah, I think so. So, I'll move to approve. Second. Second. We have a motion and second to approve the uh 2026 B and rate schedule. All in favor say I. I. I.

Those opposed. All right. Item 22, last item. Consider a petition to recognize the Belt and Professional Firefighters Association Local 456 of the International Association of Firefighters as the sole and exclusive bargaining agent for all the non-exempt employees of the fire department and meet and confer negotiations with this city of Belton. Mr. Listy. Thank you, mayor, members of the council. I'd just recommend that the association come forward and present their proposal, their petition to you first and then I'll present some summary comments.

Right. Good evening, Mayor Council. Thank you guys for having me up here. My name is Eric Morz and I represent the Bel and Firefighters Association. I'm also the president of the association. Uh first, thank you again for letting me speak with you tonight. Um, you have the sl uh we created a small presentation for you. I won't take up too much of your time. I know it's kind of late. So, uh, our first slide will talk about just some quick things on, um, what we want to emphasize with me to confer with the council and the city itself as it being a transparent collaboration and strengthening the partnership that already exists between the fire and the city. um we want with the firefighters going to say we nothing else we want don't want you guys to think this is a contract for trying to trap the city in anything like that. So uh next this is exactly what median confer is and what it isn't. So as you look at this uh you'll see it's a voluntary structured communication tool between the firefighters and the city. It's simply a seat at the table um to be able to talk about the things that are going on in the fire department and the changes that us as the firemen in the actual fire department, not just the chiefs see that needs to change. So, um it's also a way for us to discuss policies, working conditions that y'all might not know about or the city might not know about. Uh retention issues with firemen coming and going, how keep those fire and that's something that us as firemen know. Um not just the stats, not just the numbers. Um and then long-term department needs. So also we want to create a framework that encourages open dialogue and mutual problem solving. So trying to be more reactive than sorry uh what meeting confer isn't. So it's not a mandate for abiding arbitration or ad adversarial negotiations or a contract that restricts city authority. So we still fall under the city as you guys see fit. U why we believe this works for everyone. So, we want to strengthen, like I said from the beginning, we want

to strengthen our communications. I think right now between the firefighters and the city, this is the strongest we've been in a long time. We've gone along very well with the city. We can come to y'all with anything. And this is a great time to start this process and show y'all that we are the best fireman we think in Central Texas. So, uh, we also want to improve the consistency and predictability of workforce issues. So, we don't want issues to come up and you guys didn't know about it, like I said. So, we want to come to you guys. Hey, look, these are the problems that are we can see happening. These are the issues we see in the department. If you guys aren't hearing it from the upper echelon, then we can tell you ourselves. Uh, we want to support recruitment and retention. So, we want to see the same firefighters stay here and retire in the city of Belton. We want to see those guys hang around. We don't want us to be a stepping stone department. We want them to come and stay.

Enhance the service delivery for our residents by improving stability within our department. So same faces increases better working environments and better relationships with the citizens itself that retention really helps and help ensure shared goals and expectations clearly understood on all sides. So what you expect of us and what we would would like from the city. So, it's our commitment to collaboration, uh, transparency in every step of this process, uh, respecting the city's budget, of course, responsibilities and operational needs, uh, maintaining a positive working relationship with administration and council, seeking solutions that will work for both firefighters and the city. The process, so this process is intended again to support the city, to support the city's mission, not complicate it. So, um, next steps and invitation partner. So, we respectfully request that city council consider us as the sole bargaining agent for the meeting conser process and we look forward to establishing ground rules together, identifying shared priorities for the future of the fire department and the city, building a long-term framework that will benefit the city, the firefighters, and the community that we all collectively serve. So, thank you guys for your consideration.

Thank you very much. Thank you. Thanks, Sam. [clears throat] Chris, thank you.

All right, I'll just run through a little bit about the uh the petition itself and uh give you a little bit additional background as well. Um the Texas Local Government Code allows cities that have civil service departments to engage and meet and confer for fire departments and police departments. And uh as has been mentioned the uh opportunities here are to negotiate employment matters per part. It could be personnel policies, wages, compensation, benefits, working conditions and departmental procedures. Uh we have had a petition submitted by the Belgian firefighters association that came in to us on the 10th of November and it does require action by the council today. The uh the petition seeks recognition for the association to serve as the sole bargaining agent for the department under meet and confer provisions. Uh the petition as submitted under state law requires it to be submitted by uh 50% plus one of the firefighters in our department. Uh the petition was submitted to Amy Casey, our city clerk, and she received a uh a roster from HR to uh verify the submission. Uh as well, the association submitted a roster and Amy confirmed that as well. You can see the numbers there. U majority status determination. 27 eligible firefighters to participate in the petition process. There were 17 submitted signatures which represent 63% of the fire department. Uh just a few provisions of meet and confer that are identified in the state law that um hopefully will try to address some of the concerns that that uh may emerge in this this process. Uh the city cannot be denied local control over wages, salaries or related items. Um the process le leads itself into an agreement that must be a format uh that

both the association and the uh the city's management team um develop that then is approved by the city council. The agreements do not require the city to uh to meet and confer on any issue to reach agreement. There are no preconceived conditions or standards or priorities. Um there certainly have been things mentioned that could be a consideration for meet and confer negotiations but there is no advanced commitment or agreement or anything uh as a part of that and of course council has to approve anything that might come forward. While meet and confer is in place collective bargaining uh cannot be advanced by the assoc. So the options for the council today are three. Um first to grant recognition to the association. Uh the result of that would then be uh the association would select a negotiating team and I've just mentioned three. There's no mandate of how many people it would be but uh that's that's just an example of what some others have done. The council would then authorize the manager to select a negotiating team again perhaps three some a manageable working group that would begin this process. And then as a result of that um we would develop um criteria and standards for those negotiations and and those would then emerge and come forward to city council. The second option would be deferring recognition and ordering a certification in the department to determine to confirm that the association represents the majority of firefighters. And finally, uh the last option for council today is to defer recognition and order a city election regarding meet and confer. Uh just wanted to share with you fiscal impact uh in terms of action today to respond to the request for recognition. There is no fiscal impact with that recognition alone. Again, this just allows a conversation on the topics that

will be determined in the future and again evaluated and and uh assessed and brought forward by the two groups but then obviously approved by the council. Uh any proposed agreement will undergo full policy and financial analysis by management and certainly we would take that uh responsibility very seriously and bring that back to you for for your review. very conscious of the budget situation and certainly as we move forward we would uh recommend uh work session inducted for complete council review and consideration uh and proposals may be evaluated reviewed rejected uh our groups may bring forward something to you and you may determine it's it's just not appropriate and so send us back to the drawing boards for for further evaluation assessment deliberations on the process So based on state law and the mandate for the council to act today, the the submitted petition appears to meet the requirements for recognition and manager's office is recommending that the Belton firefighters association be designated as the sole and exclusive bargaining agent for the fire department in meet confer negotiations. I'll be glad to answer any questions you might have. Um I I do have uh one question, a couple of comments, but I I'll just stick with a question, maybe comments later. Question is, okay, so we start with meet and confer. And so there's an issue, and I'll just use a neighboring fire department that likes the way that we schedule our firefighters and they wanted to schedule theirs the same way. And so that let's say we were in the situation where our firefighters really wanted to change that. And let's just say that's the issue. Um is that something? So now we designate that. Now they now we we select three. They select three and then they bring up this firefighter schedule as an example of the thing.

And so you guys meet. Is there a time like hey we we going to discuss this item and we're going to give it 60 days or two years or some time bound and then hopefully a decision is made within that. At the end of that I guess that's two twoph question. One is do you guys set a boundary on what will be discussed and for how long and then does it end and what happens when it ends just the meet and confer is now

done based on my based on my understanding and I may ask Megan to to jump in here as well u part of the ground rules that we establish will set some of the criteria set the criteria for what we're going to be talking about and a time frame so that might be let's just I'll just pull a number out of the air a year, two years, whatever for consideration. And that's that's one component of the ground rules that this these ag this this agreement is going to last for x term for one year, two years, whatever. In addition to that, the ground rules could establish elements that are on the table or that are not on the table for consideration. Um if for example we were just facing uh 48.96 for example uh and it was a substantial cost to us management perhaps could recommend that's not on the table and that would be our team's recommendation. The association might say they would choose to go down that road and they obviously don't have an basically we're we're still under meet and confer but we have not reached a consensus on on that topic. So u employment matters uh shifts uh those kinds of things certainly could be eligible topics uh but uh we have to go through the process

all those ground rules would be basically I'll call it the first meeting you guys would set up the down ground rules which would be what would be discussed what's in scope what's out of scope and the period of time that we give ourselves to to do that yes and Megan any additional comments you want to add to that that's that's what and it could take it could take multiple sessions to push those ground rules because I mean depending on just what they are and what

certainly we would have legal representation on the civil service to to guide us in that process as well. Yeah, I I think from a council perspective, um so you guys know, um we we were brought this on the last day and so we're trying to absorb a lot of information on the last day and and being Texans and right to work when we hear meet and confer or collective bargaining, we sometimes hear negative associated with it. So we need to understand what it is. So, I think what you guys need to make sure you understand is we support you guys in everything you do, all of our employees. Um, and hopefully, uh, we have good faith in all of our discussions. And so, whether you're on the fire department or if you're in public works having to work on a cold night to fix a water line, like there's cons there's considerations there to. So, hopefully we work with management and this is a positive. Um, I think the sometimes just generally speaking the fear of the unknown um is is the motivation and we don't need to get into motivations because we've we've already been counseledled a couple of things that the city would like to do that meet and confer could help us do uh [clears throat] the way that you guys bring in firemen. Uh the way you test uh the age of the firemen these are the kinds of things that benefit both of us. Um, so I I don't think it's necessarily negative, but just generally speaking, growing up [clears throat] in this state, usually we hear stuff like that and we're like, "Oh, no." And so

I think that's fair from what I've heard most. Any y'all have any questions? Very well said. I just kind of blind to everything like David had said and um, for lack of a better word, we adore the mess out of you guys. you guys are, you know, frontline servants and heroes and um wouldn't take anything away from you guys or PD. And so I I fully trust that we have uh strong amicable relationships before, during, and after a mean confer process. So as long as I don't have to grow a mustache, we should be good. Yeah, I'll just Me too. Me too.

I'll just go to say that it sounds like you have some exciting ideas for how to make nothing better, and I'm interested to hear them. Yeah, I agree. Agree. I am kind of curious. I mean, was this y'all reaching out to the firefighters or they reached out to you or because it seems like usually when people in my mind they were to say we need someone to negotiate on our behalf, then there's a already an issue there. Is there already an issue there that's a problem?

No, not currently, sir. So, again, like I said, we just want to be proactive instead of reactive. But, I work for the Belton Fire Department. Um, so it's just the union in itself. So, we've obviously reached out to the state to the state union to get their advice, uh, things like that to make sure that we're doing everything the right way before we met Mr. Listy and the city before we brought this to you guys. So, but main thing is we want to do everything the right way. Uh, be a team with the city, not oppose y'all or anything of that nature. Okay. So, we what made the decision to go this route versus just talk to the chief if you have any?

And we do we do talk to the chief himself. We go to him a lot. We have uh quarterly meetings with him right after our union meetings. But sometimes it's helpful to come to the actual city itself to let you guys know from the association stand where the firemen can't do that, you know, because they don't want to jump chain of command. The association can meet with uh Mr. Lester yourselves and tell you guys, hey, these are the issues that we see coming. Uh this is how we stop this from coming. Here's the information. Here are the stats. Um here's how we fix it. So, okay. So, you're saying wrong right now? Keep

No, we're all Yes, sir. the firemen. We're very happy. We're having a good time right now. And but like I said, we're having a good time right now. But um we like I said, we want to be in the past, we've been very reactive. It's oh man, we've just lost eight firemen. What do we do now? And overtime goes through the roof, sick time goes through the roof, and now we want to be more proactive about coming to you guys with the issue that we as a association to let you guys know, this is going on. This is how we could fix it. Here is the stats. Here's the numbers. Here is a way that we can stop this from happening. Okay. Yes, sir. Good. Like we have three options uh for a motion. Um chair would entertain the motion of one of those items.

I move we adopt option one which is presented on the screen at this point as the as a recommendation. Second. We have a motion and second to grant recognition of the association to um represent the firefighters and meet and confer. Um, we trust that the city will work with us um to have appropriate executive sessions with uh attorneys to understand what the process means uh to the city and for our firefighters. Um we're all on the same team. And so any other comments or questions about um please all in favor say I. I. Those opposed. All right. Passes. All right. Merry Christmas. We won't meet again until new year. So happy new year. So we don't eat the