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City Council

Regular Meeting

Belton, TX · January 26, 2021

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Minutes

City Council Agenda Item #9 River Farm Municipal Utility District EXHIBIT "A" JANUARY 26, 2021 N      River Farm Property Location River Farm (RF) MUD - Update  Council conducted MUD work session 01/12/21  Input focused on density of project and development quality:  Proposed 1,775 dwelling units on 481 acres (3.7 dwelling units/acre)  Proposed minimum lot size 50’ x 100’ = 5,000  Additional variety, commitment to some larger lots, desired  Applicant has responded: • Maximum 70% 50’ x 100’ lots: 1,331 • Maximum 15% TH/PH lots: 266 • Minimum 10% 60’ x 100’ lots: 178 1,775 d/u River Farm (RF) MUD - Update Today’s agenda has three action items: Authorizing the City Manager to enter into a Development Agreement with RF Approving a Resolution authorizing the creation of the RF Municipal Utility District Approving a Resolution consenting to annexation of the City tract into the RF MUD, upon completion of Toll Bridge Road obligations PROPOSED RIVER FARM MUNICIPAL UTILITY DISTRICT (MUD) ANNEXATION/DE-ANNEXATION ◦ River Farms (RF) property totals 481± acres, currently partly inside/outside City ◦ Applicant proposes an “Outside City” MUD for maximum reimbursement for infrastructure ◦ 304 acres (northernmost) in ETJ, outside City, subject to a Non-Annexation Development Agreement that triggers a voluntary request for annexation at development. Agreement expires 11/22/21 ◦ 177 acres (southernmost), adjacent to Lampasas River, in City limits ◦ Applicant proposing to develop northern 304 acres first; asking City to release Agreement ◦ 177 acres will remain in City until obligation for Toll Bridge Road (TBR) is satisfied; then de-annexed ◦ Applicant/all future owners agree to a Strategic Partnership Agreement waiving all rights to oppose future annexation when MUD bonds are paid off, if City desires     304 acres outside city limits   177 acres in city limits PROPOSED RIVER FARM MUD ATTRIBUTES MUD Development Agreement Elements Authorizes a maximum 1,775 dwelling units Requires subdivision plat approval of phases by P&ZC/City Council/Bell County and compliance with City standards for streets, utilities Streets and drainage: Bell County responsibility following construction inspection by City, and acceptance by Bell County Water and sewer: City of Belton responsibility for maintenance following construction, inspection, and acceptance MUD Agreement Term: 30 years PROPOSED RIVER FARM MUNICIPAL UTILITY DISTRICT (MUD) WATER/SEWER RESERVATION ◦ 1,775 single family equivalent units amounts to 33% of the available capacity based on the designed water and sewer lines ◦ Applicant will make a contribution of $1,914,000 for sewer capacity reservation and $396,000 for water capacity reservation ◦ Payment will occur in conjunction with a pro rata share toward sewer ($1,080) and toward water ($223) for each lot final platted, to be paid in lump sum at recording of each final plat phase PROPOSED RIVER FARM MUNICIPAL UTILITY DISTRICT (MUD) TOLL BRIDGE ROAD • Applicant responsible for design and construction of TBR, based on City’s standards, from south property line to Shanklin Road • Applicant will dedicate a maximum one-half of required ROW for TBR at no City cost • City will acquire ROW needed for balance of TBR from other property owners PROPOSED RIVER FARM MUNICIPAL UTILITY DISTRICT (MUD) TOLL BRIDGE ROAD PHASE 1 Phase 1 of Toll Bridge Road (TBR) adjacent to RF property ◦ Street section will be two lanes with center turn lane from south to north RF property line, with 10’ Trail on RF side ◦ Design, fund, construct with first RF final plat phase and complete before acceptance of RF’s first phase of public improvements ◦ Construction cost estimate: $2.2M PROPOSED RIVER FARM MUNICIPAL UTILITY DISTRICT (MUD) TOLL BRIDGE ROAD PHASE 2 Phase 2 of Toll Bridge Road (TBR) north of RF property ◦ Street section will be two lanes, with City option for center turn lane (at City expense), from north RF property line to Shanklin; no trail requirement for applicant ◦ Design, fund, construct concurrently with development phase including 501st lot until Phase 2 built ◦ Starting with 351st lot, applicant will pay into City escrow account $2,000/lot for the remaining 1,425 lots at final plat recording ◦ Escrow funds will be used to reimburse developer for construction of Phase 2 of TBR ◦ Construction estimate: $2.8M (2 lane/no trail) PROPOSED RIVER FARM MUNICIPAL UTILITY DISTRICT (MUD) FISCAL IMPACT MUD will contribute to water and sewer capacity reservation in conjunction with each platted lot: $2.30M (actual) MUD will construct Toll Bridge Road in two phases: $5.05M (estimate) MUD builders will pay permit and inspection fees, typically at 125% City rate $3.00M (estimate) City will be compensated for services provided to District residents, but relieved of most public service provisions, other than water and sewer ownership/maintenance Residents will pay 125% City rate for water/sewer services City will not receive property taxes until annexed PROPOSED RIVER FARM MUNICIPAL UTILITY DISTRICT (MUD) COUNCIL ACTION ITEMS Three action items are presented for Council consideration January 26, 2021: A. Authorizing the City Manager to enter into a Development Agreement. The MUD Development Agreement is the “umbrella” agreement for the project. Items B and C below are exhibits to the MUD Development Agreement, but separate action approving those Resolutions is needed. (Development Agreement is in DRAFT form.) B. Approving a Resolution authorizing the creation of the River Farm MUD. This Resolution formalizes Council authority to create the River Farm Municipal Utility District. C. Approving a Resolution consenting to annexation of the City tract into the River Farm MUD upon the completion of obligations related to the construction of Toll Bridge Road. This Resolution indicates the City commits to allow annexation of the current City limit portion of the River Farm property into the RF MUD after completing Toll Bridge Road obligations. PROPOSED RIVER FARM MUNICIPAL UTILITY DISTRICT (MUD) RECOMMENDATION If Council is ready for final action, we recommend approval of three (3) action items, conditioned on approval of Municipal Utility District (MUD) Agreement in substantially form presented. Sidewalk Policy Discussion EXHIBIT "B" City Council Work Session January 26, 2021 1 Purpose  To discuss the proposed Sidewalk Policy and receive Council input.  Gather opinions, guidance, and feedback.  No final action is needed at this time. 2 Existing Ordinance  The current ordinance 2015-43 was adopted on September 8, 2015.  The policies are located in the Sidewalk Standards and Policy, Section 503 of the Belton Subdivision Ordinance.  The ordinance included a sunset provision that required a review of the policies three years from the date of adoption.  The reason for the sunset provision was to monitor and address the number of variances granted for sidewalks during the platting process, and to simplify the process and standards if needed. 3 Existing Ordinance Cont.  The existing ordinance requires sidewalks on both sides of arterial and collector streets internal to the subdivision and the subdivision side of perimeter streets.  Sidewalks are constructed during the installation of public infrastructure or when a building is constructed.  The ordinance provides for variances and waivers.  Variances granted by the City Council are permitted for affordable housing projects, infill developments, or industrial developments.  Waivers by staff are permitted for sidewalk requirements when the development is in the ETJ and there is no entity to maintain the sidewalks, such as Bell County or TXDOT, or if the plat qualifies for administrative approval (involves four or fewer lots, fronts on an existing street, and does not require the creation of any new street or the extension of municipal facilities). 4 History  Starting in the fall of 2018, staff began the review of the sidewalk policies.  TABA and other stakeholders  Planning and Zoning Commission  City Council  Minor Subdivision Amendments and Perimeter Street Standards were adopted in Fall 2020  Sidewalk standards have been undergoing analysis, with the process delayed due to staff turnover. 5 Analysis  During earlier public discussions, questions were raised about the cost of sidewalks and the impact cost will have on development, especially affordable housing, commercial, and industrial development.  Although no consensus was reached during those discussions, several concepts emerged.  These concepts included:  Simplified standards and processes,  Development of a sidewalk/trails plan,  Possible exemptions for affordable housing and industrial development. 6 Discussion  To address these concepts we felt a more comprehensive approach was needed instead of beginning with red-lining the existing ordinance.  This comprehensive approach, we believe, will facilitate a flexible approach to extending sidewalks, trails, and shared use paths throughout our community.  In response, we developed a comprehensive Sidewalk, Trails, and Shared Use Path Master Plan Map and accompanying Planning Guidance Statements. 7 8 Discussion  The Plan provides several advantages. 1. It provides a long range vision. 2. It provides a plan of how facilities will create an interconnected system. 3. It identifies where sidewalks, trails, and SUP’s are expected to be built. 4. In combination with the Planning Guidance Statements, the Plan will guide the development of future sidewalks, trails, and shared use paths. 5. It provides an indication of how the facilities will be funded, whether by KTMPO, TXDOT, City, private sector, or a combination of entities. 9 Discussion  There are four proposed Planning Guidance Statements in the Plan. These statements address: 1. Retrofitting residential areas, 2. Retrofitting commercial - institutional areas, 3. Industrial areas, and 4. Areas with potential for new development and an opportunity to evaluate future needs with development.  Examples of how the Planning Guidance Statements affect the Plan 10 Residential Retrofitting 11 Commercial – Institutional Retrofitting 12 Industrial 13 Opportunities to Evaluate Future Needs with Development 14 Discussion  Regarding our development review process, the Sidewalk, Trails, and Shared Use Path Master Plan will be consulted to determine where the sidewalks are proposed to determine need.  Unless specifically exempted, new development will include, as part of the review process, staff’s evaluation of the need for a new sidewalk.  Guided by the Master Plan and the Planning Guidance Statements, future sidewalks may be required.  For instance, plats approved by City Council will reflect the negotiations of staff and the property owner.  In the event a plat is not required, site plans will reflect application of the Master Plan and the Planning Guidance Statements.  A waiver would be granted by staff if a sidewalk is eligible or is not required. Any issues about recommended sidewalks will be resolved by the City Council.  In the event that the City determines that a sidewalk should be constructed at a later date, the property owner or developer will pay a fee in lieu of building the sidewalk, as provided in the Subdivision Ordinance. 15 Proposed Schedule  1/26/2021 – City Council initial discussion  2/16/2021 – Planning and Zoning Commission discussion  TBD - Belton EDC  TBD - Stakeholder input  March 2021 – Planning and Zoning Commission Public Hearing and Recommendation  March/April 2021 – City Council Public Hearing and Action 16 Thank You  Questions or Comments 17

Agenda

City of Belton, Texas City Council Meeting Agenda Tuesday, January 26, 2021 - 5:30 p.m. Wright Room at the Harris Community Center 401 N. Alexander, Belton, Texas PLEASE NOTE: FACE COVERINGS WILL BE REQUIRED WHERE SOCIAL DISTANCING CANNOT BE MAINTAINED. Pledge of Allegiance. The Pledge of Allegiance to the U.S. Flag will be led by Councilmember Guy O’Banion. Texas Pledge. The Pledge of Allegiance to the Texas Flag will be led by Director of Public Works Angellia Points. “Honor the Texas flag; I pledge allegiance to thee Texas, one state under God, one and indivisible.” Invocation. The Invocation will be given by Mayor Wayne Carpenter. 1. Call to order. 2. Public Comments. Citizens who desire to address the Council on any matter may register to do so prior to this meeting and speak during this item. Forms are located on the table outside of the south side entry to the meeting room. Please state your name and address for the record, and limit your comments to three minutes. Also, please understand that while the Council appreciates hearing your comments, State law (Texas Gov’t Code §551.042) prohibits them from: (1) engaging in discussion other than providing a statement of specific factual information or reciting existing City policy, and (2) taking action other than directing Staff to place the matter on a future agenda. 3. Recognize the Finance Department for receipt of the Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 2019. Consent Agenda Items 4-7 under this section are considered to be routine by the City Council and may be enacted by one motion. If discussion is desired by the Council, any item may be removed from the Consent Agenda prior to voting, at the request of any Councilmember, and it will be considered separately. City Council Meeting Agenda January 26, 2021 Page 1 of 2 4. Consider minutes of previous meetings: A. January 12, 2021, City Council Workshop B. January 12, 2021, City Council meeting 5. Consider authorizing the purchase of computer equipment, through the Texas Department of Information Resources contract, to replace the City of Belton’s virtual server environment at a cost of $80,256.55. 6. Consider a resolution declaring that the updated January 1, 2021, population of the City of Belton is 22,833. 7. Consider resolution authorizing the submittal of a grant application to the Victims of Crime Act (VOCA) Grant for the continued funding of an Investigative Assistant to assist victims of crime. Planning and Zoning 8. Hold a public hearing and consider a zoning change from Single Family 2 with a Conservation Revitalization Overlay (SF-2 w/CR Overlay) to Single Family 3 (SF-3) on approximately 0.368 acres located at 300 W. Avenue H, located on West Avenue H, east of Jackson Street and west of Davis Street, described as Roberts Subdivision, Block 126, Lot 7. Miscellaneous 9. Consider the following actions related to the proposed River Farm Municipal Utility District (MUD), located east of IH-35, between Shanklin and Elmer King Roads, east of Toll Bridge Road: A. Consider authorizing the City Manager to enter into a Development Agreement with River Farm LTD; B. Consider a resolution authorizing the creation of the River Farm Municipal Utility District; and C. Consider a resolution consenting to annexation of the City tract into the River Farm Municipal Utility District upon the completion of obligations related to the construction of Toll Bridge Road. Work Session 10. Receive a staff presentation and discuss possible amendments to the Sidewalk Policy. The City Council reserves the right to adjourn into Executive Session at any time regarding any issue on this agenda for which it is legally permissible. City Council Meeting Agenda January 26, 2021 Page 2 of 2

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