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City Council Meeting Agenda Packet 10-19-2021Page 1 of 4 MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 21st DAY OF SEPTEMBER 2021, IN THE CITY HALL, LOCATED AT 1212 AVENUE M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 6:00 P.M. (AMENDED) The Council met in a workshop and regular session with the following: COUNCILMEMBERS PRESENT: Daiquiri Beebe, Russell Humphrey, Dee Howard Mullins, Joe P. Rodriquez, Andy Brauninger, Pat Graham, Vickie McKenzie, Bert Lyle COUNCILMEMBERS ABSENT: Blake Irving OFFICERS PRESENT: Aron Kulhavy, City Manager; Kristy Doll, City Secretary; Leonard Schneider, City Attorney MAIN SESSION [6:00 P.M.] CALL TO ORDER – Mayor Brauninger called the meeting to order at 6:00 p.m. INVOCATION AND PLEDGES U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. Councilmember Rodriquez gave the invocation and Cub Scouts Pack 98 led the pledges. 1. PROCLAMATIONS & PRESENTATIONS a. Proclamation - Constitution Week b. Proclamation - Trinity River Food Bank Councilmember Blake Irving arrived at 6:15 pm. 2. PUBLIC HEARING a. Ordinance 2021-28 adopting the Tax Rate and levying taxes for the City of Huntsville for the Fiscal Year 2021-2022. [Steve Ritter, Finance Director] Mayor Brauninger opened the public hearing at 6:16 pm. Finance Director Steve Ritter gave a brief overview of the tax rate. No public comments were made. Mayor Brauninger closed the public hearing at 6:19 pm. 3. CONSENT AGENDA The presiding officer will call for public comments before action is taken on these items. (Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with staff recommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda for full discussion by request of a member of Council.) a. Consider approving the minutes of the regular City Council meeting held on September 7, 2021. [Kristy Doll, City Secretary] b. Consider authorizing the City Manager to award mowing and trimming services contract for street rights of way, airport, transfer station, and additional acreage. [Brent Sherrod, P.E., Director of Public Works] c. Second Reading - Consider adopting Ordinance 2021-25 amending the Huntsville Code of Ordinances, specifically Chapter 12, Buildings and Building Regulations. [Kevin Byal, Director of Development Services/Building Official] d. Second Reading - Consider adopting Ordinance 2021-26 amending the Huntsville Code of Ordinances, specifically Chapter 20, Fire Prevention and Protection. [Greg Mathis, Fire Chief] Page 2 of 4 Councilmember Beebe made a motion to approve the consent agenda; the motion was seconded by Councilmember Graham. The motion was adopted, 8-0 8-1. 4. STATUTORY AGENDA a. Consider passage of Ordinance 2021-27 to adopt the Fiscal Year 2021-2022 Budget. [Steve Ritter, Finance Director] Councilmember Beebe made a motion to pass Ordinance 2021-27 to adopt the Fiscal Year 2021 – 2022 Budget with all policies, fees, rates, and provisions as referenced therein; the motion was seconded by Councilmember McKenzie. Roll Call Yes: Councilors Beebe, Humphrey, Irving, Mullins, Rodriquez, Graham, McKenzie, Lyle and Mayor Brauninger No: Councilor Mullins. The motion was adopted, 8-1. b. Consider approval of Ordinance 2021-28 adopting the Tax Rate and levying taxes for the City of Huntsville for the Fiscal Year 2021-2022. [Steve Ritter, Finance Director] Councilmember Beebe made a motion to adopt Ordinance 2021-28 adopting the Tax Rate and levying taxes for the City of Huntsville for the Fiscal Year 2021-2022. This tax rate is effectively a 3.36% increase in the tax rate; the motion was seconded by Councilmember Graham. Roll Call Yes: Councilors Beebe, Humphrey, Irving, Mullins, Rodriquez, Graham, McKenzie, Lyle and Mayor Brauninger No: Councilor Mullins. The motion was adopted, 8-1. c. Consider ratifying the increased property tax revenues of $504,750 reflected in the Fiscal Year 2021-2022 Budget as adopted. [Steve Ritter, Finance Director] Councilmember Beebe made a motion to ratify the increased property tax revenues of $504,750 reflected in the Fiscal Year 2021-2022 Budget as adopted; the motion was seconded by Councilmember McKenzie. Councilmember Mullins voted against the motion. The motion was adopted, 8-1. 5. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY a. First Reading – Consideration and discussion of Ordinance No. 2021-29 to deny Entergy Texas Inc. application in total to amend its Distribution Cost Recovery Factor ("DCRF”) filed on August 30, 2021. [Leonard Schneider, City Attorney] First reading, no action necessary b. Second Reading - Consider a request from Huntsville Memorial Hospital for American Rescue Plan Act (ARP) funds to provide additional nursing staff in response to COVID-19. [Aron Kulhavy, City Manager] Mayor Brauninger made a motion to authorize the City Manager to enter into an agreement with Huntsville Memorial Hospital to provide additional nursing staff in response to COVID-19 using American Rescue Plan Act (ARP) funds; the motion was seconded by Councilmember Mullins. Councilmember Lyle made a motion to authorize the City Manager to enter into an agreement with Huntsville Memorial Hospital to provide additional nursing staff in response to COVID-19 using American Rescue Plan Act (ARP) funds contingent upon the county providing also; the motion was seconded by Councilmember McKenzie. Councilmember Mullins and Rodriquez Page 3 of 4 voted against the motion. The motion was adopted, 7-2. c. Consider adoption of Ordinance 2021-30 to amend the budget for FY 20-21 and/or CIP Project budgets. [Steve Ritter, Finance Director] Councilmember Beebe made a motion to adopt Ordinance 2021-30 to amend the budget for FY 20-21 and/or CIP Project budgets; the motion was seconded by Councilmember Graham. The motion was adopted, 9-0. d. Consider the appointments to City of Huntsville Boards and Committees for expired terms or vacant board positions. [Andy Brauninger, Mayor] Mayor Brauninger made a motion to approve the nominated Board and Commission members as presented. The motion was adopted, 9-0. BOARDS & COMMISIONS SEATS BOARD MEMBER TERM EXPIRES Tourism Advisory Board #5 Tammy Farkas 8/31/2024 #6 Rob Hipp 8/31/2024 #8 Leighanne Anderson 8/31/2023 Main Street Program #9 Appoint - Sean Chaney Veterans Affairs #3 Reappoint - Mike Christian 8/31/2024 #7 Reappoint - Robert Tucker 8/31/2023 #8 Reappoint - Bill Butler 8/31/2024 #10 Reappoint - Mark Robinson 8/31/2023 e. Second Reading - Consider adoption of Ordinance 2021-24 amending the City of Huntsville Development Code Article 7 “Landscape and Buffers”, Article 15 “Terminology and Definitions”, adding “Residential Planting Requirements”, Tree Preservation Standards and making other provisions and declaring an effective date. [Kevin Byal, Director of Development Services/Building Official] Councilmember Beebe made a motion to adopt Ordinance 2021-24 amending the City of Huntsville Development Code Article 7 “Landscape and Buffers”, Article 15 “Terminology and Definitions”, adding “Residential Planting Requirements”, Tree Preservation Standards and making other provisions and declaring an effective date as recommended by the Planning Commission; the motion was seconded by Councilmember Mullins; Councilmember Irving, Humphrey, Lyle, and Graham voted against the motion. The motion was adopted, 5-4. Citizen comments were heard from Andy Ho, Cheryl Spencer, Brad Trentham, Joseph Kirkland, Diane Neudorf, Sharon Lynch, Lee Miller, Ed Davis, Bruce Edwards, Scott Horning and Ben Bias in regards to the Tree Preservation Ordinance. Page 4 of 4 6. REQUESTS FOR CITIZEN PARTICIPATION An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion. No action will be taken. None 7. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA None 8. ITEMS OF COMMUNITY INTEREST (Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff, for which no action will be discussed or taken.) Mayor Brauninger announced that the Walker County Chamber of commerce needs volunteers for Fair on the Square on Saturday, October 2. Councilmember Humphrey announced that Chad Boyd will be performing at the Pre-Fair on the Square Concert on Friday, October 1st at the Watering Hole. Councilmember Mullins spoke about the 6th Annual Haunted Trails on Saturday, October 23 from 7:30-11:30 pm. Mayor Brauninger spoke about attending the National Honor’s Society Induction Ceremony at Huntsville High School. 9. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.071 to receive legal advice on the ESD# 3 proposed annexation. The Council convened into Executive Session at 7:47 p.m. 10. RECONVENE The Council reconvened in open session at 8:25 p.m. Councilmember Beebe made a motion to authorize the City attorney and City staff to take any and all action necessary to prevent ESD #3 from annexation of territory in the City’s ETJ.; motion was seconded by Councilmember Graham. The motion was adopted, 9-0. ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 8:26 p.m. ATTEST: CITY OF HUNTSVILLE ________________________________ ________________________________ Kristy Doll, City Secretary Andy Brauninger, Mayor Page 1 of 3 MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 5th DAY OF OCTOBER 2021, IN THE CITY HALL, LOCATED AT 1212 AVENUE M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 6:00 P.M. The Council met in a workshop and regular session with the following: COUNCILMEMBERS PRESENT: Russell Humphrey, Dee Howard Mullins, Joe P. Rodriquez, Andy Brauninger, Pat Graham, Vickie McKenzie, Bert Lyle COUNCILMEMBERS ABSENT: Daiquiri Beebe, Blake Irving OFFICERS PRESENT: Aron Kulhavy, City Manager; Kristy Doll, City Secretary; Leonard Schneider, City Attorney MAIN SESSION [6:00 P.M.] CALL TO ORDER – Mayor Brauninger called the meeting to order at 6:00 p.m. INVOCATION AND PLEDGES U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. Mayor Brauninger gave the invocation and led the pledges. 1. PROCLAMATION a. World Teacher’s Day Councilmembers Daiquiri Beebe and Blake Irving arrived at 6:02 pm. 2. CONSENT AGENDA Public Comments will be called for by the presiding officer before action is taken on these items. (Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with staff recommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda for full discussion by request of a member of Council.) a. Consider approving the minutes of the regular City Council meeting held on September 21, 2021. [Kristy Doll, City Secretary] b. Consider continued phone and data services with ATT through the State of Texas Department of Information Resources (DIR) contract. [Bill Wavra, IT Director] c. Consider continued phone and data services with Verizon Wireless through the State of Texas Department of Information Resources (DIR) contract. [Bill Wavra, IT Director] d. Consider renewal of annual software maintenance with Tyler Technologies for Finance, Public Safety, Utility Billing, and Municipal Court. [Bill Wavra, IT Director] e. Consider authorizing the City Manager to enter into a lease agreement extension with SBA Monarch Towers III, LLC, to continue using the cellular communications site behind the City Service Center. [Bill Wavra, IT Director] f. Consider authorizing the City Manager to award the purchase of Vegetative Debris Grinding Services. [Brent Sherrod, P.E., Public Works Director] g. Consider the purchase of FY 2022 equipment from multiple vendors, authorizing the City Manager to award the contract. [Brent Sherrod, P.E., Public Works Director] h. Consider authorizing the City Manager to award the purchase of Solid Waste Refuse Commercial Collection Containers. [Brent Sherrod, P.E., Public Works Director] i. Consider Authorizing the City Manager to award the purchase of Solid Waste Refuse Residential Collection Containers (Carts). [Brent Sherrod, P.E., Public Works Director] Page 2 of 3 Councilmember Beebe made a motion to approve the consent agenda; the motion was seconded by Councilmember Graham. The motion was adopted, 9-0. Minutes were approved as noted by Council with a vote of 8-0 on Consent Agenda. 3. STATUTORY AGENDA a. First Reading-Consider purchasing hardware and services to replace the City's disaster recovery data servers, storage, and network infrastructure. [Bill Wavra, IT Director] First reading, no action necessary. 4. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY a. First Reading-Consider adoption of Ordinance 2021-32, amending the Huntsville Municipal Code, specifically Chapter 10, Aviation to add Article III, Airport Advisory Board to create said advisory board. [Aron Kulhavy, City Manager] First reading, no action necessary. b. First Reading – Consider adopting Ordinance 2021-31 authorizing Updated Service Credits (USC) through the Texas Municipal Retirement System (TMRS) from 50% to 75%. [Julie O’Connell, Human Resources Director] First reading, no action necessary. c. Consider authorizing the City Manager to increase and expand the size of the existing skate spot concrete pad by approximately 20 feet on the north side and 20 feet on the east side. [Bert Lyle, City Councilmember Position 1 At-Large] Councilmember Beebe recused herself due to conflict of interest and left the Council Chambers. Councilmember Lyle made a motion to authorize the city manager to increase and expand the size of the existing skate park by approximately 2800 square feet, (20 feet on the north side and 20 feet on the east side) in the amount of $30,000; the motion was seconded by Councilmember Graham. The motion failed 2-6, Yes: Councilors McKenzie, Lyle No: Councilors Humphrey, Mullins, Rodriquez, Graham, Irving, and Mayor Brauninger. Councilmember Beebe returned to the Council Chambers. 5. REQUESTS FOR CITIZEN PARTICIPATION An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion. No action will be taken. a. RQ Swan would like to discuss McDonald Creek basin b. Ronald Wilson would like to discuss Police Brutality 6. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA None 7. ITEMS OF COMMUNITY INTEREST Page 3 of 3 (Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff, for which no action will be discussed or taken.) Mayor Brauninger announced that Main Street is hosting the Scare on the Square from 2-6 pm on October 30 in Downtown Huntsville. Councilmember Lyle spoke about the Business Trunk or Treat from 2-6pm on October 30. Councilmember McKenzie announced that the Wynne Home is hosting a Day of the Dead Exhibit and Reception from 5-7pm on November 1. 8. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.074-Personnel Matters: regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: City Manager Aron Kulhavy. The Council convened into Executive Session at 6:52 p.m. 9. RECONVENE The Council reconvened in open session at 8:08 p.m. ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 8:08 p.m. ATTEST: CITY OF HUNTSVILLE ________________________________ ________________________________ Kristy Doll, City Secretary Andy Brauninger, Mayor Agenda Item #2c Item/Subject: Consider authorizing the City Manager to execute Addendum C to the agreement with RPS Infrastructure, Inc. for professional engineering services for IH-45 Segment 2A Utility Relocation Design Project #18-03-01. Initiating Department/Presenter: Engineering Presenter: Charlie J. Thomas, Interim City Engineer Recommended Motion: Move to authorize the City Manager to execute Addendum C to the agreement with RPS Infrastructure for professional engineering services for IH-45 Segment 2A Utility Relocation Design Project #18-03-01 that provides for the additional efforts in the amount of $64,250.00. Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and physical structures so that the City’s core services can be provided in an effective and efficient manner. Background Information: Texas Department of Transportation (TxDOT) has finalized the design to widen IH-45 between SH 19 to approximately 0.9 miles north of State Hwy 30 (near the Home Depot location). This segment is termed Segment 2A. TxDOT let the IH-45 Segment 2A widening project construction and the bid was awarded in September 2021. TxDOT is seeking relocation of all utilities in conflict with their proposed design to relocate by respective utility agencies prior to construction beginning on the widening of IH-45 Segment 2A in December or January. The city has waterlines and sewer lines along and across this segment of IH-45. The cost of water and sewer line relocation designs and constructions for all relocations with similar sizes and types etc. as existing ones is 100% reimbursable by TxDOT (termed “In-Kind Replacement”). Upsizing of water and sewer at City’s choice will be considered as “Elective Betterment”, and the increased cost for such upsizing shall be met by the City. The city has chosen to take advantage of the opportunity to up size the lines at many locations to accommodate future growth. Based on the finalized design, In-Kind Replacement is at 88% of the total estimated cost (will be reimbursed by TxDOT) and Elective Betterment is at approximately 12% of the total estimated cost (to be borne by the city) During June / July 2018, TxDOT strongly encouraged the city to proceed with the relocation design at that time to ensure timely completion of the relocation design and provided a charge account number to keep track of expenses for design efforts. The city entered into professional engineering services agreement with RPS Infrastructure, Inc., Houston for utility relocation design in the amount of $183,685 during August 2018, for water and sewer conflict locations identified by TxDOT based on their then finalized conceptual design. Later when more details went in at 60% roadway design phase, TxDOT revised their widening design that resulted in additional utility relocations. Hence Addendum A to the original agreement with RPS was executed in February 2019 for additional utility relocation design services in the amount of $166,700. As TxDOT further refined the design (currently at the final design, close to 100%), additional changes to the roadway design resulted in additional utility conflict resolutions plus revisions to the recent previous design at 10/19/2021 Agenda Item: 2c CITY COUNCIL AGENDA Agenda Item #2c certain locations. This required additional design services. Also, the city staff recommended utilizing RPS services for construction administration and daily inspection during the utility relocation construction work. Proposed additional fee due to these increased scopes of services was $266,291.70. Hence Addendum B to the RPS agreement that provides for these additional efforts was executed in September 2020 in the amount of $266,291.70. Current Recommendation: The construction project to relocate the City’s utilities was awarded to 5-T Construction who was given an official Notice to Proceed on February 1, 2021, with an expected contract of six (6) months. The contractor has been delayed by weather, TxDOT and other utilities that will cause the project to be extended approximately four (4) months from the original completion time. This will require RPS to continue performing services through at least November. These additional costs will be eligible for reimbursement as part of the executed agreement between the City and TxDOT. Staff recommends approving Addendum C to the RPS agreement that provides for the additional efforts in the amount of $64,250.00. Overall Cost and Budget Information: Combined professional engineering services from the original agreement, Addendum A, Addendum B, and the currently proposed Addendum C will add up to a total of $680,926.70. Of this amount, TxDOT will reimburse the city approximately $600,000 (88% In-Kind Replacement Cost). The City’s design cost will be approximately $81,000 (12% Elective Betterment). The estimated construction cost for utility relocation construction is in the $6.2 million range. TxDOT Estimated their reimbursement will be $5.4 million (88% In-Kind Replacement cost). The City’s construction cost is estimated at $800,000 (12% Elective Betterment). The city has already set aside a total amount of $1,100,000 in two fiscal year budgets (FY 2018-2019 and FY 2019- 2020) to meet the City’s design and construction cost share due to up-sizing of lines (i.e., to meet the costs of Elective Betterment). Previous Council Action: The City Council approved the RPS original agreement at the August 2, 2018, council meeting. Addendum A to the RPS agreement was approved at the February 19, 2019, council meeting. Addendum B to the RPS agreement was approved at the September 1, 2020, council meeting. Financial Implications: Existing budgets in the Water and Wastewater CIP Project accounts are sufficient to cover the additional costs related to this expanded professional engineering services. Approvals: ☐City Attorney ☒Director of Finance ☒City Manager Associated Information: •Proposed Addendum C to the Agreement and associated Exhibit 1 (RPS proposal for additional services) •Location Map of the Project Segment Exhibit 1 City of Huntsville IH-45 Segment 2A Utility Relocations COH Project #18-03-01 Professional Services Agreement Addendum C This Addendum is to the Professional Services Agreement Between the City of Huntsville (the “Owner”) and RPS Infrastructure, Inc, (the “Engineer”) dated August 24, 2018. All other terms and conditions in the original Agreement shall remain in full force and effect and govern this Addendum. Included in this Addendum is Additional Services in the amount of $64,250.00 for Construction Management and Inspection as detailed in revised Additional Services Proposal dated September 2, 2021. Initial Agreement Amount $ 183,685.00 Addendum A dated 2/26/2019 $ 166,700.00 Addendum B dated 9/10/2020 $ 266,291.70 Addendum C $ 64,250.00 Revised Agreement Amount $ 680,926.70 Approved: By: Engineer – RPS Infrastructure, Inc. Date Printed Name: Ralph E. Cox Title: Vice President By: Owner – City of Huntsville Date Printed Name: Aron Kulhavy Title: City Manager ATTEST: APPROVED AS TO FORM: ________________________________ ____________________________ Kristy Doll, City Secretary Leonard Schneider, City Attorney !.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.Existing 12'' Water MainExisting 12''Water MainExisting 6'' Water Main Existing 6''Water Main Existing 6'' Sewer Existing 8''Water Main Existing 6'' W at er M ai n 17401745175017551760Existing 12''Water Main Existing 6''Water MainVETE R A N S M E M O R I A L P K W Y PARKWOOD STEASTHAM DR ELMWOOD ST CROSSTIMBERS DRSTATE HIGHWAY 30VET E R A N S M E M O R I A L P K W Y FINA N C I A L P L A Z A COLETHEREDGE BLVDNOR M A L P A R K D R CEDAR DR11TH STWALM A R T KROGER HOME D E P O T CRIMI N A L J U S T I C E DEPT TARGET19TH STNORMAL PARK DR SMITHER DRHOBB YLOBB Y STATE HIGHWAY 301,160 0 1,160580 Feet ³Legend !.Sewer Manhole Utility Conflict Proposed Culverts Existing Sewer Existing Water Main Document Path: J:\007706\07.00 CADD\GIS\Overall 1 No Algnmnt.mxdSTA 1880+21Lateral 8'' WaterlineOffset STA 1881+21Lateral 8'' WaterlineOffset STA 1821+376'' Sanitary SewerCrossing STA 1857+54Lateral 12'' WaterlineOffset STA 1857+54Lateral 6'' WaterlineOffset STA 1835+51Lateral 6'' WaterlineOffset STA 1821+37Lateral 12'' WaterlineCrossing STA 1837+216'' Water Crossing STA 1794+73Lateral 6'' WaterlineOffset STA 1800+75Lateral 2'' WaterlineOffset STA 1800+76Lateral 12'' WaterlineOffset STA 1792+498'' Sanitary SewerCrossing STA 1793+45Lateral 12'' WaterlineOffset STA 1776+76Lateral12'' WaterlineOffset STA 1780+14Lateral12'' WaterlineOffset §¨¦45§¨¦45 RPS PROJ. NO.: 007706 DATE: August 2020 EXHIBIT1SCALE: Overall Utility Relocation Layout IH-45 Segment 2AUtility Relocations 1 " = 1,160 ' !.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.Existing 15'' Sewer Existing 15'' Sewer 1785179017951800 Existing 12''W ater M ainExisting 12''W ater M ainExisting 1 1/2''W ater M ainExisting 12''W ater M ainExis tin g 1 2''Wa t e r Mai n Existing 12''Water MainHUNTSVILLEMEMORIALHOSPITAL ROBINSON CREEK PKWY M O N TG O M E R Y R DMONTGOMERY RDVETERANS MEMORIAL PKWYHILCRESTFORD ELKS RD LA K E R D LA K E R D COLLARD RDPOWELL RDMOLLY DR 1,000 0 1,000500 Feet Legend !.Sewer Manhole Utility Conflict Proposed Culverts Existing Sewer Existing Water Main §¨¦45 Document Path: J:\007706\07.00 CADD\GIS\Overall 2 No Algnmnt.mxdSTA 1674+52Lateral 12'' WaterlineOffset STA 1676+78Lateral 12'' WaterlineOffset STA 1692+66Lateral 8'' WaterlineOffsetSTA 1692+66Lateral 1 1/2'' WaterlineOffset STA 1697+65Lateral 8'' WaterlineOffsetSTA 1703+68Lateral 8'' WaterlineOffset STA 1706+73Lateral 12" WaterlineOffset STA 1693+8715'' SanitaryCrossing STA 1695+93Lateral 12'' WaterlineOffset STA 1690+72Lateral 12'' WaterlineOffset STA 1734+28Lateral 15''SanitarySewer Offset STA 1723+97Lateral 12'' WaterlineCrossing STA 1733+19Lateral 15'' SanitarySewer Offset STA 1718+18Lateral 15'' SanitarySewer Offset STA 1718+18Lateral 12'' WaterlineOffset STA 1720+71Lateral 15'' SanitarySewer Offset STA 1727+23Lateral 12'' WaterlineOffset STA 1720+71Lateral 8'' WaterlineOffset STA 1746+20Lateral 8'' WaterlineOffset STA 1761+97Lateral 12'' WaterlineOffset STA 1745+216'' WaterlineOffset Existing 6''Water Main§¨¦45³STA 1716+36Lateral 12'' WaterlineCrossing STA 1734+28Lateral 6'' WaterlineOffset RPS PROJ. NO.: 007706 DATE: August 2020 EXHIBIT2SCALE: Overall Utility Relocation Layout IH-45 Segment 2AUtility Relocations 1 " = 1,000 ' Agenda Item # 2d Item/Subject: Consider renewal of the Microsoft Enterprise software agreement. Initiating Department/Presenter: Information Technology Presenter: Bill Wavra, IT Director Recommended Motion: Move to approve the renewal of the three-year Microsoft Enterprise software agreement in the amount of $200,520. Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and physical structures so that the City’s core services can be provided in an effective and efficient manner. Discussion: All software in use by the City either resides on or utilizes various Microsoft software systems. These include servers, databases, desktop computers, laptops, office suites, and remote access services. Microsoft has been the City’s core software solution for approximately 20 years. Primary software packages currently running Microsoft OS (operating system) include the New World financial system, CityWorks asset management, Tyler Public Safety records management, Laserfiche document management, GIS, etc. City staff uses various Microsoft products daily for numerous tasks. This agreement is for three years at $66,840 per year and includes licensing for 60 servers, 23 databases, and 230 desktop computers/tablets. This agenda item proposes services for three years at a total cost of $200,520. Per previous Council actions, cost fluctuations over the years are primarily due to adjusting license counts and software add-ons. If approved, the Microsoft enterprise agreement will be purchased using the State of Texas Department of Information Resources (DIR) contract, a cooperative purchasing program for state and local government, education, and other public entities in Texas. Previous Council Action: The City Council authorized the following: •Microsoft – 2018 Enterprise Agreement for $52,203 annually •Microsoft – 2015 Enterprise Agreement for $52,959 annually •Microsoft – 2012 Enterprise Agreement for $41,000 annually •Microsoft – 2009 Enterprise Agreement for $53,000 annually •Microsoft – 2005 Enterprise Agreement for $65,000 annually •Microsoft – 2002 Enterprise Agreement for $49,940 annually Financial Implications: 10/19/2021 Agenda Item: 2d CITY COUNCIL AGENDA Agenda Item # 2d ☒Item is budgeted: 101-640-55053 In the amount of $66,840 per year (for three years) Approvals: ☐City Attorney ☐Director of Finance ☐City Manager Agenda Item # 2e Page 1 Item/Subject: Consider adoption of Ordinance 2021-33 to amend the budget for FY 20-21 and/or CIP Project budgets. Initiating Department/Presenter: Finance Presenter: Steve Ritter Recommended Motion: Move to adopt Ordinance 2021-33 to amend the budget for FY 20-21 and/or CIP Project budgets. Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government through conservative fiscal practices and resource management. Discussion: Detailed explanation for the Budget Amendment is provided in the attachment, Exhibit A, to the Ordinance. The Budget Amendments were presented to the Finance Committee at their October 5, 2021, meeting. Previous Council Action: None. Financial Implications: ☒See the attached Ordinance and related Budget Amendments (Exhibit A) Approvals: ☐City Attorney ☒Director of Finance ☒City Manager Associated Information: •Ordinance 2021-33, page 2 •Exhibit A (list of budget amendments), page 3 10/19/2021 Agenda Item: 2e CITY COUNCIL AGENDA Agenda Item # 2e Page 2 ORDINANCE NO. 2021-33 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE 2020-2021 ANNUAL BUDGET AND CAPITAL IMPROVEMENTS PROJECTS (CIP) BUDGETS, ORDINANCE NO. 2020-43 TO AMEND ADOPTED EXPENDITURES OF THE BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the 2020-2021 Annual Budget and CIP Budgets were adopted by Ordinance 2020-43 on September 15, 2020; WHEREAS, various unforeseen circumstances affecting the City have presented themselves during the course of the fiscal year; WHEREAS, the City Council considered the circumstances independently, deliberating appropriately on the associated revenues and expenditures and the overall impact on the general financial status of the City; WHEREAS, pursuant to the laws of the State of Texas and the City Charter of the City of Huntsville, Texas, the City Council has determined that it will be beneficial and advantageous to the citizens of the City of Huntsville to amend the annual budget for fiscal year 2020 – 2021 and the Capital Improvements Projects (CIP) budget as set forth herein; and WHEREAS, this ordinance combines the independent Council actions into one budget amendment document; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1. The findings set forth above are incorporated into the body of this ordinance. Section 2. The annual budget for fiscal year 2020 – 2021 is hereby amended to include the expenditures and revenues in Exhibit “A” and the Capital Improvements Projects budget is hereby amended to include the expenditures described in Exhibit “A” attached hereto and made a part of this ordinance as if set out verbatim herein. Section 3. All ordinances of the City in conflict with the provisions of this ordinance are hereby repealed, and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. Should any section, portion, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, it shall not invalidate or impair the force or effect of any other section or portion of this ordinance. Section 5. The necessity for amending the budget for the fiscal year 2020 – 2021 and Capital Improvements Projects, as required by the laws of the State of Texas, requires that this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. Section 6. This ordinance shall take effect immediately after its passage. PASSED AND APPROVED on this the 19th day of October 2021. THE CITY OF HUNTSVILLE, TEXAS __________________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: _________________________________________________________________ Kristy Doll, City Secretary Leonard Schneider, City Attorney Budget Amendments FY 20-21 October 19 2021 Exhibit A Increase:PEB Trust Fund - Payments to RHS 30,456$ increase to Exp acct coming from revenues (exceeding Expenses)-$ Explanation: The "Payments to RHS" expenditure account in the PEB Trust Fund was budgeted at $20,000 for FY 20-21 based on history. Actual payments to RHS for people retiring in FY 20-21 is $50,456. As such, we need an additional $30,456 in the budgeted account. Total value of the assets in the PEB Trust as of the end of August was $5,795,000 which is approximately $1.2M more than the October 1, 2020 beginning balance of $4,556,000. The PEB Trust was created in 2010 to provide assests to help with retiree health insurance costs and to help lessen the City's "Other Post Employment Benefits" (OPEB) liability that is included in the City's annual audited Comprehensive Annual Financial Report (CAFR). Original funding of the PEB Trust was in fiscal years 2011, 2012, and 2013 for a total of $2,195,000 of City monies placed in the trust. Agenda Item # 2f Page 1 Item/Subject: Consider adoption of Ordinance 2021-34 to amend the budget for FY 21-22 and/or CIP Project budgets. Initiating Department/Presenter: Finance Presenter: Steve Ritter Recommended Motion: Move to adopt Ordinance 2021-34 to amend the budget for FY 21-22 and/or CIP Project budgets. Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government through conservative fiscal practices and resource management. Discussion: Detailed explanation for the Budget Amendment is provided in the attachment, Exhibit A, to the Ordinance. The Budget Amendments were presented to the Finance Committee at their October 5, 2021 meeting. Previous Council Action: None. Financial Implications: ☒See the attached Ordinance and related Budget Amendments (Exhibit A) Approvals: ☐City Attorney ☒Director of Finance ☒City Manager Associated Information: •Ordinance 2021-34, page 2 •Exhibit A (list of budget amendments), pages 3 - 4 10/19/2021 Agenda Item: 2f CITY COUNCIL AGENDA Agenda Item # 2f Page 2 ORDINANCE NO. 2021-34 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE 2021-2022 ANNUAL BUDGET AND CAPITAL IMPROVEMENTS PROJECTS (CIP) BUDGETS, ORDINANCE NO. 2021-27 TO AMEND ADOPTED EXPENDITURES OF THE BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the 2021-2022 Annual Budget and CIP Budgets were adopted by Ordinance 2021-27 on September 21, 2021; WHEREAS, various unforeseen circumstances affecting the City have presented themselves during the course of the fiscal year; WHEREAS, the City Council considered the circumstances independently, deliberating appropriately on the associated revenues and expenditures and the overall impact on the general financial status of the City; WHEREAS, pursuant to the laws of the State of Texas and the City Charter of the City of Huntsville, Texas, the City Council has determined that it will be beneficial and advantageous to the citizens of the City of Huntsville to amend the annual budget for fiscal year 2021 – 2022 and the Capital Improvements Projects (CIP) budget as set forth herein; and WHEREAS, this ordinance combines the independent Council actions into one budget amendment document; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1. The findings set forth above are incorporated into the body of this ordinance. Section 2. The annual budget for fiscal year 2021 – 2022 is hereby amended to include the expenditures and revenues in Exhibit “A” and the Capital Improvements Projects budget is hereby amended to include the expenditures described in Exhibit “A” attached hereto and made a part of this ordinance as if set out verbatim herein. Section 3. All ordinances of the City in conflict with the provisions of this ordinance are hereby repealed, and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. Should any section, portion, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, it shall not invalidate or impair the force or effect of any other section or portion of this ordinance. Section 5. The necessity for amending the budget for the fiscal year 2021 – 2022 and Capital Improvements Projects, as required by the laws of the State of Texas, requires that this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. Section 6. This ordinance shall take effect immediately after its passage. PASSED AND APPROVED on this the 19th day of October 2021. THE CITY OF HUNTSVILLE, TEXAS __________________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: _________________________________________________________________ Kristy Doll, City Secretary Leonard Schneider, City Attorney Budget Amendments FY 21-22 October 19 , 2021 Exhibit A Increase:General Fund - Charter Offices - Services and Utilities 50,000$ use of General Fund Unallocated reserves 50,000$ Explanation: Increase:Capital Equipment Fund - Vehicle purchase 297,245$ Capital Equipment Fund - Fund Balance is source of funds 297,245$ Explanation: Increase:General Fund - Streets - Street Maintenance (A)1,070,966$ Increase:General Fund - Police - Amunition & Supplies 23,098$ Increase:General Fund - Police - Vehicle Equipment 51,649$ Increase:General Fund - Fire - Vehicle Equipment 4,054$ Increase:General Fund - IT - Security and Hardware Supplies/Equipment 21,095$ General Fund -Unallocated Reserves is source of funds 1,170,862.00$ Explanation: Increase:Utility Fund - Wastewater Collection - Infrastructure repairs 95,556$ Increase:Utility Fund - Robinson Creek WWTP - Infrastructure repairs 100,185$ Increase:Utility Fund - Robinson Creek WWTP - Equipment purchases 109,718$ Increase:Utility Fund - Drainage Maintenance - Infrastructure repairs 19,070$ Utility Fund -Unallocated Reserves is source of funds 324,529$ Explanation: COVID-19 appears to be under control but it still carries with it uncertainty as the new Delta variant is wreaking havoc throughout much of the United States.The City was allocated approximately $2.3M dollars of Coronavirus Relief Fund (CRF) grant monies back in the late May 2020 to early June 2020 timeframe. This budget amendment puts in place budget to cover miscellaneous supply items that are still being purchased throughout the City directly related to fighting the spread of COVID-19. These general supplies include hand sanititizer, disinfecent wipes, and other items as needed. The CRF grant monies received in FY 19-20 and closed to General Fund's Unallocated Reserves are the source of funds to pay for these items. The City has 2 full time street sweeper operators. The City also has 2 street sweeping vehicles. However, one of the street sweeping vehicles currently used on a daily basis was a "backup" in the past and only used when the main piece of equipment was being repaired or maintenance was being performed. This former "backup" vehicle is 12 years old and is losing dependability. Replacement of this vehicle is being requested and $269,718 of additional budget is needed to make the purchase. Use of Fund Balance in the Equipment Replacement Fund is the source of funds for the purchase primarily from the suspended purchase of a street paving machine when the paving of streets was transitioned from an "in house" operation to a contracted operation; approximately 5 years ago. Also, $27,527 of additional budget is being requested to cover the cost to purchase a heavy trash truck which was budgeted for in the FY 21-22 Budget. Staff budgeted for the replacement cost at $2254,000. However, in pricing the purchase of the heavy trash truck the actual cost will be $251,527. Suspended purchases of disposal hauling trucks and trailers approximately 4 years ago is the primary source of Fund Balance for this additional budgeted amount (Solid Waste transitioned from hauling the waste to the landfill "in house" to contracting out that aspect of operations). COVID-19 has created supply shortages for all kinds of manufactured goods world wide and created a shortage in labor supply. These supply shortages have affected various Departments in the City in their ability to purchase items budgeted for purchase in the 20-21 fiscal year. In that these budget purchases were not able to be made in FY 20-21 the unused expenditure amounts create additional Unallocated Reserves/Fund Balance for Funds. Thus, the source of funds/monies for "rolling" these budget/purchase requests is Unallocated Reserves/Fund Balance of applicable Funds (General Fund, Utility Fund, Solid Waste Fund, Equipment Replacement Fund, etc.) COVID-19 has created supply shortages for all kinds of manufactured goods world wide and created a shortage in labor supply. These supply shortages have affected various Departments in the City in their ability to purchase items budgeted for purchase in the 20-21 fiscal year. In that these budget purchases were not able to be made in FY 20-21 the unused expenditure amounts create additional Unallocated Reserves/Fund Balance for Funds. Thus, the source of funds/monies for "rolling" these budget/purchase requests is Unallocated Reserves/Fund Balance of applicable Funds (General Fund, Utility Fund, Solid Waste Fund, Equipment Replacement Fund, etc.) Increase:Solid Waste Fund - Residential Collection - Veh & Equip repairs and maint.37,872$ Solid Waste Fund -Unallocated Reserves is source of funds 37,872$ Explanation: Increase:Library Special Revenue Fund- Library SRF - Equipment 7,841$ Library Special Revenue Fund - Fund Balance is source of funds 7,841$ Explanation: COVID-19 has created supply shortages for all kinds of manufactured goods world wide and created a shortage in labor supply. These supply shortages have affected various Departments in the City in their ability to purchase items budgeted for purchase in the 20-21 fiscal year. In that these budget purchases were not able to be made in FY 20-21 the unused expenditure amounts create additional Unallocated Reserves/Fund Balance for Funds. Thus, the source of funds/monies for "rolling" these budget/purchase requests is Unallocated Reserves/Fund Balance of applicable Funds (General Fund, Utility Fund, Solid Waste Fund, Equipment Replacement Fund, etc.) COVID-19 has created supply shortages for all kinds of manufactured goods world wide and created a shortage in labor supply. These supply shortages have affected various Departments in the City in their ability to purchase items budgeted for purchase in the 20-21 fiscal year. In that these budget purchases were not able to be made in FY 20-21 the unused expenditure amounts create additional Unallocated Reserves/Fund Balance for Funds. Thus, the source of funds/monies for "rolling" these budget/purchase requests is Unallocated Reserves/Fund Balance of applicable Funds (General Fund, Utility Fund, Solid Waste Fund, Equipment Replacement Fund, etc.) Increase:School Resource Officer SRF - Public Safety - Vehicle Equipment 12,913$ School Resource Officer SRF - Fund Balance is source of funds 12,913$ Explanation: Increase:Capital Equipment Fund - Vehicle purchases 324,548$ Capital Equipment Fund - Fund Balance is source of funds 324,548$ Explanation: COVID-19 has created supply shortages for all kinds of manufactured goods world wide and created a shortage in labor supply. These supply shortages have affected various Departments in the City in their ability to purchase items budgeted for purchase in the 20-21 fiscal year. In that these budget purchases were not able to be made in FY 20-21 the unused expenditure amounts create additional Unallocated Reserves/Fund Balance for Funds. Thus, the source of funds/monies for "rolling" these budget/purchase requests is Unallocated Reserves/Fund Balance of applicable Funds (General Fund, Utility Fund, Solid Waste Fund, Equipment Replacement Fund, etc.) COVID-19 has created supply shortages for all kinds of manufactured goods world wide and created a shortage in labor supply. These supply shortages have affected various Departments in the City in their ability to purchase items budgeted for purchase in the 20-21 fiscal year. In that these budget purchases were not able to be made in FY 20-21 the unused expenditure amounts create additional Unallocated Reserves/Fund Balance for Funds. Thus, the source of funds/monies for "rolling" these budget/purchase requests is Unallocated Reserves/Fund Balance of applicable Funds (General Fund, Utility Fund, Solid Waste Fund, Equipment Replacement Fund, etc.) Budget Amendments FY 21-22 Fin. Comm. - October 5 , 2021 Exhibit A Increase:General Fund -Numerus Divisions 1,518,096$ Decrease:General Fund -Unallocated Reserve 1,518,096$ Explanation: FY 2021 CARRY OVER ITEMS FOR CITY COUNCIL as of 9/28/2021 101-323-53051 Street Mill & Overlay Services**1,070,966.00$ 101-551-52051 Ammunition & Supplies PO # 2021-268 -Zach Duer 3,192.04$ 101-551-52051 Ammunition & Supplies PO # 2021-319 - Zach Duer 19,906.11$ 101-551-69040 Motor Vehicle Equipment -4 patrol units 51,648.72$ 101-552-69041 Cargo Slide PO # 2021-422 for pick up truck 2,509.82$ 101-552-69041 ER Response Items for stock on truck PO # 2021-372 1,544.37$ 101-640-52140 Lenel Replacement Parts(Door Security) PO # 2021-455 4,127.78$ 101-640-52140 Camera's for City Hall PO #2021-507 2,428.20$ 101-640-52140 Network Rack Equipment PO# 2021-506 5,533.69$ 101-640-52140 Lenel/Milestone Renewal 9,005.00$ 1,170,861.73$ Increase:Utility Fund -numerus Divisions 324,529$ Decrease:Utility Fund -Unallocated Reserve 324,529$ 220-363-53070 Dual Pump Repair - PO # 2021-408 17,800.00$ 220-363-53030 Misc. Sewer Rehab 77,756.00$ 220-366-53070 Repair Gear Box at Plant - PO # 252 61,485.00$ 220-366-53070 Clean out Aeration Basin - PO # 2021-415 38,700.00$ 220-366-69020 Centrifuge Control Panel replacement and install - PO # 2021-418 109,717.50$ 220-384-53110 Damaged storm sewer replacement 19,070.00$ 324,528.50$ Increase:Library Special Revenue Fund- Library SRF 7,841$ Decrease:Library Special Revenue Fund -Unallocated Reserve 7,841$ 610-440-57037 Projector and Screen for Library PO # 2021-451 7,840.63$ 7,840.63$ Increase:Solid Waste Fund- Public Works 25,872$ Decrease:Solid Waste Fund -Unallocated Reserve 25,872$ 224-374-55070 Transfer Station Permit Mod PO # 201-412`2,000.00$ 224-374-55070 Transfer Station SWP3 PO # 2021-523 10,000.00$ 224-375-54040 Unit # 1824 - $71,508.43 PO # 2021-457 = $25,871.20 25,871.20$ 37,871.20$ Increase:School Resource Officer SRF - Public Safety 12,913$ Decrease:School Resource Officer SRF-Unallocated Reserve 12,913$ 612-555-69040 Motor Vehicle Equipment -1 patrol unit 12,912.18$ 12,912.18$ Increase:Capital Equipment Fund - 324,148$ Decrease:Capital Equipment Fund-Unallocated Reserve 324,148$ 306-379-69040 Pick-Ups PO # 2021-142 - total of 5 pickups 154,163.00$ 306-379-69040 PD Vehicles PO # 2021-135 - total of 5 patrol units 170,385.00$ 324,548.00$ ** This number is subject to change (decrease)/Contractor working on these streets still today/Subject to invoicing** The shortages in the world economy stem from factors beyond lean inventories. The spread of COVID-19 has sidelined port workers and truck drivers, impeding the unloading and distribution of goods made at factories in numerous countries arriving by ship to North America and Europe. Global shortages also combine with decades of companies limiting their inventories. Basically the supply chain has run "amok". The City is having a very difficult time trying to purchase numerous items due to COVID-19. These budget amendments add budget to the expenditure accounts so that the various departments has funds available to purchase these items in the current 21- 22 fiscal year (if they can find such). Grand Total all Funds 1,878,562.24$ Agenda Item # 2g Item/Subject: Consider the annual purchase of PCs due for replacement as per the FY21/22 computer replacement schedule Initiating Department/Presenter: Information Technology/Bill Wavra Presenter: Bill Wavra, IT Director Recommended Motion: Move to approve the annual purchase of PCs due for replacement as per the FY21/22 computer replacement schedule in the amount of $54,379.17 Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and physical structures so that the City’s core services can be provided in an effective and efficient manner. Regular replacement of PCs is essential to keeping operations running efficiently. Several years ago, The Texas Department of Information Resources established industry best practices for PC and server replacement lifecycle. The recommended replacement schedule for PCs is 3 to 5 years, depending on usage and environment. As PCs age, hardware performance declines, the likelihood of failure increases and may ultimately lead to service interruption. 51 PCs have reached the retirement phase, end of support, and warranty by the manufacturer. Replacement of this hardware will ensure reliability, vendor support and increase staff efficiency by minimizing repair frequency. If approved, these PCs will be purchased using the State of Texas Department of Information Resources (DIR) contract, a cooperative purchasing program for state and local government, education, and other public entities in Texas. Previous Council Action: The City Council authorized the following: •Dell Computers – PC Replacement Schedule on 10/1/2013 Financial Implications: ☒Item is budgeted: 309-655-52200 In the amount of $54,379.17 Approvals: ☐City Attorney ☐Director of Finance ☐City Manager 10/19/2021 Agenda Item: 2g CITY COUNCIL AGENDA Agenda Item # 2h Item/Subject: Consider adoption of Ordinance 2021-32, amending the Huntsville Municipal Code, specifically Chapter 10, Aviation to add Article III, Airport Advisory Board to create said advisory board. Initiating Department/Presenter: City Manager Presenter: Aron Kulhavy, City Manager Recommended Motion: Move to approve the adoption of Ordinance 2021-32, amending the Huntsville Municipal Code, specifically Chapter 10, Aviation to add Article III, Airport Advisory Board to create said advisory board. Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and physical structures so that the City’s core services can be provided in an effective and efficient manner. Discussion: In the spring of 2020, the Council adopted the airport master plan to assist in guiding the growth and development of the Bruce Brothers Huntsville Regional Airport. The master plan provides an objective look at future airport needs based on a comprehensive review of economic and design considerations. Above all, it provides the basis for an airport facility that is safe and constructed according to FAA design standards, economically viable and substantially stakeholder supported, and planned in accordance with broad local, regional, state, and national goals. As part of the master planning process, a master plan advisory committee was appointed. This committee represented a diverse group of city representatives, airport users and tenants, and local community leaders that allowed for a broad range of input for the future of the facility. In order to keep the momentum moving forward and to work on the implementation of the airport master plan, the creation of an Airport Advisory Board is presented for consideration. The purpose of the proposed Airport Advisory Board shall be to make recommendations to the Council concerning leases and permits; make general studies of airport construction and operations as may be useful in keeping the airport efficient and adequate for current and future air transportation needs; make recommendations to the Council with respect to airport construction, expansion, improvements, maintenance and operation, and any airport regulations; and in an advisory capacity work towards the implementation of the airport master plan. The Board will also consider any other aviation-related matters assigned to it by City Council. The proposed advisory board will consist of seven members appointed by the Mayor with the approval of Council and shall serve three-year terms. The members shall demonstrate an interest, competence, or knowledge of aviation and reside within Walker County. In summary, this item is to create an advisory and oversight board under the direction of the Council to oversee and promote the City’s efforts to improve its aviation impact on the community. The creation of this Board will allow for additional community input and participation in these efforts. 10/19/21 Agenda Item: 2h CITY COUNCIL AGENDA Agenda Item # 2h Previous Council Action: The Council held a first reading on this item at their October 5th, 2021 meeting. Financial Implications: ☒There is no financial impact associated with this item. Approvals: ☒City Attorney ☐Director of Finance ☒City Manager Associated Information: •Ordinance 2021-23 •Exhibit A, Huntsville Code of Ordinances, Chapter 10, Article III ORDINANCE NO. 2021-32 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS AMENDING CHAPTER 10, “AVIATION”, OF THE CODE OF ORDINANCES, CITY OF HUNTSVILLE, TEXAS; PROVIDING FOR A REPEALER AND SAVINGS CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PROPER NOTICE AND OPEN MEETINGS WHEREAS, the City of HUNTSVILLE (“City”) is a Texas home-rule municipality; and WHEREAS, pursuant to Texas Local Government Code, Section 51.001, the City has the authority to adopt ordinances and regulations that are for good government, peace and order of the City; and WHEREAS, the City of Huntsville, Texas owns the Bruce Brother’s Huntsville Regional Airport; and WHEREAS, the City Council supports the growth and development of the aviation industry in Huntsville; and WHEREAS, this ordinance adds Article III “Airport Advisory Board” to Chapter 10, “Aviation” of the Code of Ordinances to create an Airport Advisory Board to make recommendations to the City Council regarding the operation, growth, and promotion of the Bruce Brothers Huntsville Regional Airport; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and are hereby adopted, ratified, and confirmed. SECTION 2: Huntsville Code of Ordinances Chapter 10 “Aviation” is hereby amended by adding Article III as shown in the attached Exhibit “A” which is incorporated herein for all purposes. SECTION 3: All ordinances or parts of Ordinances that are in conflict or inconsistent with the provisions of this Ordinance shall be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 4: Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 5: This Ordinance shall take effective immediately from and after the date of its passage. PASSED AND APPROVED THIS ____ DAY OF __________________ 2021. CITY OF HUNTSVILLE, TEXAS __________________________________ Andy Brauninger, Mayor ATTEST: ___________________________________ Kristy Doll, City Secretary APPROVED AS TO FORM: ___________________________________ Leonard Schneider, City Attorney Exhibit A CHAPTER 10-AVIATION ARTICLE III. AIRPORT ADVISORY BOARD Sec. 10-40. - Created; composition; qualifications; compensation; maximum term of members. (a)There is hereby created and established an Airport Advisory Board Board, an advisory board, to be composed of seven members. (b)Members of the airport advisory board shall serve without compensation. No member shall serve more than two consecutive terms beyond any unexpired term that they are appointed to fill. Any person over 18 years of age living in the city or working in the city shall be eligible to serve on the advisory board, provided at least four members of the board shall live in the city. Sec. 10-41. - Appointment; tenure of members. (a)The original members of such board shall be appointed by the mayor by and with the advice and consent of the city council. (b)All Airport Advisory Board members, regardless of background, must have a known and demonstrated interest, competence, or knowledge in aviation within the City of Huntsville. (c)Each member shall reside within Walker County. (d)Each member shall hold office for a term of three years, except that of those first appointed, three shall hold office for a term of one year, and two other members shall hold office for a term of two years, and two other members shall hold office for a term of three years, the term of each to be determined by lot, and thereafter, their successors shall hold office for three years and until their successors are appointed. (e)The city council will each year act upon appointments made to the board by the mayor with the advice and consent of the city council in filling expired terms of members of the board. Sec. 10-42. - Officers; meetings. (a)The board shall select its chair and a vice-chair at its first meeting of the calendar year. Such terms shall be for one year. (b)The board shall conduct its meetings in accordance with “Roberts Rules of Order Revised” provided that such shall not be in conflict with the City Charter or other provisions of law. (c)The board shall meet at least quarterly. Additional meetings may be called by the chair or at the request of city council. (d)A quorum shall consist of a majority of the entire membership of the Board and any issue to be voted on shall be resolved by those present. The Chairman shall be entitled to vote upon any issue but shall have no veto power. (e)No person having any financial interest in any commercial carrier by air, or in any concession, right or privilege to conduct any business or render any service for compensation upon the premises of the airport shall be eligible for membership on the board. Sec. 10-43. – Airport Advisory Board function (a) The Airport Advisory Board shall have the following duties: 1.Make recommendations to the City Council concerning leases and permits; 2.From time to time make such general studies of airport construction and operation as may be useful in keeping the Airport efficient and adequate for the needs of the City and of the air transportation industry; 3.Make recommendations to the City Council with respect to Airport construction, expansion, improvements, maintenance and operation, airport zoning regulations, airport hazard zoning regulations, and airport compatible land use regulations; 4.In an advisory capacity, work toward the implementation of the airport master plan, the general improvement of the Airport, and the advancement of the City as an air transportation center. (b)The Airport Advisory Board shall not have any authority to expend city funds except as provided in the annual city budget; hire, appoint or terminate staff; or create any other obligation on the part of the City. Sec. 10-44-10-50. – Reserved Sec. 42-65. - Powers and duties. (a)Sec. 9.605 Duties and Powers The airport advisory board is hereby charged with the duty andinvested with the authority to: (1) Inspect city-owned premises at reasonable hours where required inthe discharge of its responsibilities under the laws of the state and of the city. (2) Formulate andrecommend to the city council for its adoption a comprehensive plan for the orderly growth anddevelopment of the airport and its environs, and from time-to-time recommend such changes in theplan as it finds will facilitate the movement of people and goods, and the health, recreation, safety,and general welfare of the citizens of the city. (3) Maintain working knowledge of legislation as itpertains to the airport. (4) Conduct periodic studies, inspections and other analysis of city-ownedpremises, as well as any other unannounced inspections at all reasonable hours as the board deemsnecessary. (5) Advise the city council as to rules and regulations of the Federal AviationAdministration. (6) Receive any and all status reports of the management or lessors of the airport,concerning damages, maintenance, traffic, facilities, building, rates and fees, and other reports asdirected by the city council. (7) The airport advisory board shall not have any authority to expend cityfunds except as provided in the annual city budget; hire, appoint or terminate staff; or create anyother obligation on the part of the city. (Ord. No. 2008-33, § 1(5), 9-2-2008) Secs. 42-66—42-79. - Reserved. Agenda Item # 2i Item/Subject: Second Reading - Consider adopting Ordinance 2021-31 authorizing Updated Service Credits (USC) through the Texas Municipal Retirement System (TMRS) from 50% to 75%. Initiating Department/Presenter: Human Resources/Julie O’Connell Presenter: Julie O’Connell, Human Resources Director Recommended Motion: Move to adopt Ordinance 2021-31 authorizing Updated Service Credits (USC) through the Texas Municipal Retirement System (TMRS) from 50% to 75% in the amount of $193,093. Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government through conservative fiscal practices and resource management. Discussion: Updated Service Credits (USC) is a special feature of the TMRS retirement plan that may increase the value of retirement benefits for our employees. Cities adopt USC as a part of their TMRS plan. USC looks at salary changes over an employee’s career, as well as changes the City has made in the past, such as deposit rate or matching ratio. USC protects employee benefits by assuming that salary increases and plan changes have been in effect throughout the employee’s career. In 2014, the City adopted a rate of 50% USC, which was a decrease from the previous rate of 100%. This Ordinance will increase the USC rate to 75%, effective January 1, 2022, thus reinstating a portion of the benefits that were reduced in 2014. Previous Council Action: The funds for this specific benefit were adopted by the City Council during the FY2021-22 budget process. Financial Implications: ☒Item is budgeted: In the amount of $193,093 in various funds. Approvals: ☐City Attorney ☐Director of Finance ☐City Manager Associated Information: •Ordinance 2021-31 10/19/21 Agenda Item: 2i CITY COUNCIL AGENDA ORDINANCE NO. _2021-31 1 ORDINANCE NO. 2021-31 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE MEMBERS OF THE CITY OF Huntsville; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. WHEREAS, the City of Hunstville Texas participates in the Texas Municipal Retirement System; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: SECTION 1. Authorization of Updated Service Credits. (a)On the terms and conditions set out in Sections 853.401 through 853.404 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS ACT"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of the TMRS Act). (b)On the terms and conditions set out in Section 853.601 of the TMRS Act, any member of the System who is eligible for Updated Service Credits on the basis of service with this City, who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on the 1st day of January of the calendar year preceding such allowance, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said Section 853.601, both as to the initial grant hereunder and all future grants under this ordinance. (c)The Updated Service Credit hereby allowed and provided for shall be 75% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of the TMRS Act). ORDINANCE NO. _2021-31 2 (d)Each Updated Service Credit allowed hereunder shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (e)In accordance with the provisions of subsection (d) of Section 853.401 of the TMRS Act, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the effective date of this ordinance on the full amount of such person's compensation as an employee of the City. SECTION 2. Increase in Retirement Annuities. (a)On terms and conditions set out in Section 854.203 of the TMRS Act, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to the City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 50% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereunder. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of the City and of its account in the Benefit Accumulation Fund of the System. SECTION 3. Dates of Allowances and Increases. The initial allowance of Updated Service Credit and increase in retirement annuities hereunder shall be effective on January 1, 2022, subject to approval by the Board of Trustees of the System. An allowance of Updated Service Credits and an increase in retirement annuities shall be made hereunder on January 1 of each subsequent year until this ordinance ceases to be in effect under subsection (e) of Section 853.404 of the TMRS Act, provided that, as to ORDINANCE NO. _2021-31 3 such subsequent year, the actuary for the System has made the determination set forth in subsection (d) of Section 853.404 of the TMRS Act. SECTION 4. The City Council finds that notice was posted and the ordinance was passed in accordance with the Open Meetings Act. SECTION 5. Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January 2022. Passed and approved this the ______ day of ________________________, ______. [ CITY OF HUNTSVILLE, TEXAS _____________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ _______________________________ Kristy Doll, City Secretary Leonard Schneider, City Attorney Agenda Item # 2j Item/Subject: First Reading. Consideration and discussion of Ordinance No. 2021-29 to deny Entergy Texas Inc. application in total to amend its Distribution Cost Recovery Factor ("DCRF”) filed on August 30, 2021. Initiating Department/Presenter: City Attorney Presenter: Leonard Schneider, City Attorney Recommended Motion: No action necessary as this is a first reading with no immediate time constraint, however, if the Council wishes to waive the two-reading requirement, the recommended motion is “Move to waive the two-reading requirement and move to adopt Ordinance 2021-29 to deny Entergy Texas Inc. application in total, to amend its Distribution Cost Recovery Factor ("DCRF") filed on August 30, 2021.” Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and physical structures so that the City’s core services can be provided in an effective and efficient manner. Discussion: On or about August 31, 2021, Entergy Texas Inc. ("Entergy" or "Company") filed an application to amend its Distribution Cost Recovery Factor ("DCRF") with each of the Cities in its service area and concurrently with the Public Utility Commission of Texas ("Commission"). Cities have 60 days to pass a Rate Ordinance accepting, modifying, or rejecting a DCRF Application. Accordingly, Cities' deadline to pass a Rate Ordinance is October 30, 2021. The purpose of a DCRF tariff is to allow a utility to recover increased distribution investment expenses it has incurred since its last base rate case. DCRF tariffs can be amended thereafter as the Company continues making distribution investment between rate cases. This will be the fourth DCRF amendment since the Company's last base rate case. Cities have previously contested the DCRF filings and have found numerous issues and successfully argue to the PUC Commission to disallow 4.1 million from requested revenue by Entergy. Because of the limited timeline, the Lawton firm recommends that the Cities deny Entergy's application in total by October 30, 2021. Attached is a proposed ordinance for the City to consider. Previous Council Action: The is a first reading. Due to the deadline of October 30, 2021, the Council has ample time to have a second reading. Financial Implications: ☒There is no financial impact associated with this item. Approvals: ☒City Attorney ☐Director of Finance ☒City Manager 9/21/21 Agenda Item: 2j CITY COUNCIL AGENDA Agenda Item # 2j Associated Information: •Ordinance 2021-29 1 ORDINANCE NO. 2021 - 29 AN ORDINANCE BY THE CITY OF HUNTSVILLE, TEXAS (“CITY”) DENYING THE DISTRIBUTION COST RECOVERY FACTOR RATE INCREASE REQUEST OF ENTERGY TEXAS, INC. FILED ON OR ABOUT AUGUST 31, 2021; SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS, INC. FOR SERVICE WITHIN THE MUNICIPAL LIMITS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS WHEREAS, on or about August 31, 2021, Entergy Texas, Inc. (“Entergy”) filed an Application to Amend its Distribution Cost Recovery Factor (“DCRF”) with the City to increase electric rates by amending its DCRF rider pursuant to Public Utility Regulatory Act (“PURA”) Section 36.210; WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of an electric utility within its municipal limits pursuant to PURA Section 33.001(a); WHEREAS, the jurisdictional deadline for the City to act in this rate matter is October 30, 2021; WHEREAS, Entergy’s existing DCRF rider is set to collect approximately $26.3 million per year; WHEREAS, Entergy’s proposed amended Distribution Cost Recovery Factor rider would increase customer rates in the Entergy Service Area by approximately $13.9 million per year, for a total of $40.2 million per year; WHEREAS, the City retained the Lawton Law Firm, P.C. to review the Company’s rate request and make necessary rate recommendations to the City; and WHEREAS, the Lawton Law Firm has recommended that the City deny the Company’s request to amend its Distribution Cost Recovery Factor. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1. That the statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The City of Huntsville hereby denies Entergy’s request to amend its Distribution Cost Recovery Factor in total. 2 Section 3. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551. Section 4. This ordinance shall become effective from and after its passage. PASSED AND APPROVED this _________ day of __________________, 2021. _____________________________ ATTEST: _______________________________ 1 ORDINANCE NO. 2021 - 29 AN ORDINANCE BY THE CITY OF HUNTSVILLE, TEXAS (“CITY”) DENYING THE DISTRIBUTION COST RECOVERY FACTOR RATE INCREASE REQUEST OF ENTERGY TEXAS, INC. FILED ON OR ABOUT AUGUST 31, 2021; SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS, INC. FOR SERVICE WITHIN THE MUNICIPAL LIMITS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS WHEREAS, on or about August 31, 2021, Entergy Texas, Inc. (“Entergy”) filed an Application to Amend its Distribution Cost Recovery Factor (“DCRF”) with the City to increase electric rates by amending its DCRF rider pursuant to Public Utility Regulatory Act (“PURA”) Section 36.210; WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of an electric utility within its municipal limits pursuant to PURA Section 33.001(a); WHEREAS, the jurisdictional deadline for the City to act in this rate matter is October 30, 2021; WHEREAS, Entergy’s existing DCRF rider is set to collect approximately $26.3 million per year; WHEREAS, Entergy’s proposed amended Distribution Cost Recovery Factor rider would increase customer rates in the Entergy Service Area by approximately $13.9 million per year, for a total of $40.2 million per year; WHEREAS, the City retained the Lawton Law Firm, P.C. to review the Company’s rate request and make necessary rate recommendations to the City; and WHEREAS, the Lawton Law Firm has recommended that the City deny the Company’s request to amend its Distribution Cost Recovery Factor. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1. That the statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The City of Huntsville hereby denies Entergy’s request to amend its Distribution Cost Recovery Factor in total. 2 Section 3. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551. Section 4. This ordinance shall become effective from and after its passage. PASSED AND APPROVED this _________ day of __________________, 2021. _____________________________ ATTEST: _______________________________ Agenda Item # 2k Item/Subject: Consider adopting Resolution 2021-17 to reflect corrected information of the application granting agency, grant program and application project title for OOG Grant Number 4324201; replacing Resolution 2021-05. Initiating Department/Presenter: Finance Presenter: Kristie R. Hadnot, Grants Manager Recommended Motion: Move to adopt Resolution 2021-17 to reflect corrected information of the application granting agency, grant program and application project title for OOG Grant Number 4324201; replacing Resolution 2021-05. Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens. Discussion: On February 11, 2021, Staff submitted a formal grant application to the Office of the Governor, Public Safety Office in response to the FY 2022 federal solicitation under the Edward Byrne Memorial Justice Assistance Grant Program (JAG). These federal funds were made available and passed through to the Office of the Governor, Public Safety Office - Criminal Justice Division (OOG – CJD) for distribution and use in their FY2022 Criminal Justice Grant Program. The application submitted was for the proposed purchase of eighty (80) Motorola APX 8000 digital radios for the Huntsville Police Department. The proposed project cost is for $82,022.75. On May 4, 2021, the Houston-Galveston Area Council (HGAC) Criminal Justice Advisory Committee held a Priority Hearing to rank and recommend potential awardees for funding in the FY 2022 Criminal Justice Program. The project for the Huntsville Police Department ranked #12 out of 38 applicants for funding. HGAC’s recommendation for funding Huntsville Police Department’s project was subsequently submitted to the OOG – CJD for final review and authorization for funding. On October 1, 2021, the City’s application was still flagged as “Pending OOG Review” within the OOG’s grant management system. Staff submitted an inquiry to the assigned OOG Grant Manager to obtain status and received notification that the OOG was still reviewing applications. The OOG Grant Manager also advised that their office would be submitting notice soon of official awards to commence grant performance. In addition to the status provided, the OOG noted that Resolution 2021-05 submitted in the original application referenced the incorrect granting agency, grant program, and project title. To correct the issue, OOG has allowed the City of Huntsville additional time to get a modified Resolution passed with correct information to resubmit back to OOG in order to satisfy all program application requirements. Previous Council Action: Resolution 2021-05 was passed by Council on February 2, 2021. Financial Implications: 10/19/2021 Agenda Item: 2k CITY COUNCIL AGENDA Agenda Item # 2k ☒Item is not budgeted: When the grant is officially awarded, Staff will bring a Budget Amendment to Council for approval at the appropriate time. Approvals: ☒City Attorney ☒Director of Finance ☒City Manager Associated Information: •Resolution 2021-05 •Resolution 2021-17 RESOLUTION NO. 2021-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE REPLACEMENT OF RESOLUTION 2021-05 WITH THE CURRENT RESOLUTION TO REFLECT CORRECT INFORMATION OF APPLICATION SUBMITTED ON THE FY 2022 JUSTICE ASSISTANCE GRANT PROGRAM (JAG) TO HOUSTON – GALVESTON AREA COUNCIL (H-GAC) AND THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR’S OFFICE (OOG – CJD) FOR DIGITAL HANDHELD RADIOS; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY’S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY’S PARTICIPATION IN THIS GRANT PROGRAM. WHEREAS the City desires to ensure the safety and well-being of all its citizens; and, WHEREAS the City of Huntsville requires the Huntsville Police Department to be charged with this task; and, WHEREAS it is necessary and in the best interest of the City to comply with all program requirements as outlined within Contract Number 4324201 of this grant program. NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas, that: SECTION 1: Resolution 2021-05 be invalidated and replaced with the current Resolution to reflect the corrected information of the granting agency, grant program, and application project title. SECTION 2: The proposed grant application is for the purchase of eighty (80) digital handheld radios in the amount of $ 82,022.75 for the Huntsville Police Department. SECTION 3: The Mayor and City Council strongly support this application to address the safety and well-being needs of the Community. SECTION 4: The City agrees that in the event of loss or misuse of the Texas Criminal Justice Division funds, the City assures that the funds will be returned to the Texas Criminal Justice Division in full. SECTION 5: The City Council directs and designates the City Manager as the City’s Chief Executive as the authorized official and is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the City. PASSED AND APPROVED on this 19th day of October 2021. THE CITY OF HUNTSVILLE __________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: ________________________________________ _____________________________________________ Kristy Doll, City Secretary Leonard Schneider, City Attorney Agenda Item # 2l Item/Subject: Consider adopting Resolution 2021-16 designating The Huntsville Item as the official newspaper for the City of Huntsville through Fiscal Year 2021-2022 Initiating Department/Presenter: City Secretary Presenter: Kristy Doll, City Secretary Recommended Motion: Move to adopt Resolution 2020-16 designating The Huntsville Item as the official newspaper for the City of Huntsville through Fiscal Year 2021-2022, commencing October 1, 2021 budgeted in various funds. Strategic Initiative: Goal #2 - Communications - Provide public information outreach efforts that inform the public of City operations, accomplishments and policies and allows for citizens input on matters of Council policy. Discussion: The City Charter Section 4.13 requires Ordinance to be published in the official newspaper and Texas Government Code Section 2051.044 outlines the criteria of an official newspaper. In order to qualify to be the official newspaper, the newspaper must: 1)Must devote not less than 25 percent of its total column lineage to general interest items; 2)Must be published at least once per week; 3)Must be entered as second-class postal matter in the county where published; and 4)Must have been published regularly and continuously for at least 12 months before the governmental entity or representative publishes notice. staff recommendation that The Huntsville Item be designated as the City of Huntsville’s official newspaper for Fiscal Year 2021-2022. Previous Council Action: Financial Implications: ☒Item is budgeted: In various funds Approvals: ☐City Attorney ☐Director of Finance ☐City Manager Associated Information: •Resolution No. 2021-28 10/5/21 Agenda Item: 2l CITY COUNCIL AGENDA RESOLUTION NO. 2021-16 A RESOLUTION OF THE CITY OF HUNTSVILLE, TEXAS DESIGNATING AN OFFICIAL NEWSPAPER FOR THE CITY OF HUNTSVILLE FOR PERIOD COMMENCING OCTOBER 1, 2021 AND CONTINUING THROUGH SEPTEMBER 30, 2022. WHEREAS, the City Council finds that The Huntsville Item is a paper of general circulation within the City of Huntsville; and WHEREAS, the City Council finds that The Huntsville Item: (I)devotes not less than 25% of its total column lineage to general interest items; (2)is published at least once each week; (3)is entered as 2nd class postal matter in the county where published; and(4)has been published regularly and continuously for at least 12 months before the governmental entity or representative publishes notice; and WHEREAS, the City Council finds that The Huntsville Item is a publication that meets all of the criteria legally required of an officially designated newspaper for the City of Huntsville. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: That: (1)The Huntsville Item is designated as the official newspaper for the City of Huntsville for period commencing October 1, 2021 and continuing through September 30, 2022. (2)The Mayor is authorized and directed to execute a contract with The Huntsville Item establishing the applicable rates for publication of City notices. (3)Until September 30, 2022, the City of Huntsville shall continue to publish in the Huntsville Item each ordinance, notice or other matter required to be published by law.(4)This resolution is effective immediately upon passage. PASSED, ADOPTED, AND APPROVED this 19th day of October 2021. THE CITY OF HUNTSVILLE ___________________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: ___________________________ __________________________________ Kristy Doll, City Secretary Leonard Schneider, City Attorney Agenda Item # 2m Item/Subject: Consider authorizing the City Manager to enter into an agreement with Olson and Olson, LLP to provide legal services to the City in connection with the 2020 redistricting of the City’s single member wards. Initiating Department/Presenter: City Manager Presenter: Aron Kulhavy, City Manager Recommended Motion: Move to authorize the City Manager to enter into an agreement with Olson and Olson, LLP to provide legal services to the City in connection with the 2020 redistricting of the City’s single member wards. Strategic Initiative: Goal #5 - Resource Development - Enhance the quality of life for citizens, businesses and visitors by leveraging the human and fiscal resources available to the community. Discussion: Every 10 years, after the decennial census, the City must review its boundaries for the single-member wards as part of the redistricting process. The two primary requirements governing redistricting are that each district have equal or nearly equal populations and a requirement that each district has neither the purpose nor the effect of denying or abridging the right to vote on the basis of color, race, or language group. The prison population is excluded from the total population numbers when considering the proposed districts for Huntsville. The attached engagement letter from Olson and Olson, LLP details the services they will provide in assisting the City with the redistricting process. The firm is also working with Walker County, and coordination between the City and the County will reduce the effort and thereby the fees associated with this process. The City will provide the GIS maps and census data to Olson and Olson, and the firm will provide the legal guidance necessary to complete the redistricting process. Draft maps will be prepared and provided to the public for review before final consideration by the Council for adoption. The estimate fee for this service is $15,000 and is included in this fiscal year’s budget. According to the Charter, the City Council must approve the hiring of any attorneys to assist the City Attorney, therefore this item is brought before the Council for consideration. Previous Council Action: The Council held a first reading on this item at their October 5th, 2021 meeting. Financial Implications: ☒Item is budgeted: 101-112-55070 In the amount of $15,000 Approvals: ☒City Attorney ☐Director of Finance ☒City Manager Associated Information: •Engagement Letter from Olson and Olson 10/19/21 Agenda Item: 2m CITY COUNCIL AGENDA .0 October 5, 2021 Aron Kulhavy, City Manager Via email: akulhavy@huntsvilletx.gov City of Huntsville 1212 Avenue M Huntsville, Texas 77340 Re: Legal representation of the City in connection with redistricting. Dear Mr. Kulhavy: At your request, the law firm of Olson & Olson, L.L.P. (the “Firm”) will provide legal services to the City regarding the 2020 redistricting of the city single-member districts (‘Wards”) under the terms and conditions set out in this engagement letter (the “Engagement Letter”), and as may be further specified in connection in specific assignments that the City may make to the Firm. 1.Fees for the Firm’s Services. The fees for the Firm’s services will be determined by the actual time expended by our lawyers and other professional staff in providing such services. The hourly rates shall be as provided in Exhibit “A” attached. The Firm will bill the City monthly as the services are performed. The City will also be responsible for reimbursing the Firm for all reasonable and necessary expenses incurred by the Firm on the City’s behalf, including fees for the services of court reporters, court filing fees, copying services, and similar expenses. The Firm will provide the City with a monthly invoice detailing the services performed and the expenses incurred. The City will be responsible for paying those invoices within 30 days of receipt. The Firm will maintain contemporaneous records of the time devoted to the City’s work, including conferences (both in person and over the telephone), negotiations, factual and legal research and analysis, document preparation and revision, travel on the City’s behalf, and other related matters. The Firm will record and bill time in units of one-tenth of an hour. Aron Kulhavy City of Huntsville Engagement Letter October 5, 2021 Page 2 2.Scope of Services. As you are aware, Walker County has also engaged our firm to assist in the redistricting of the County Commissioner districts. We expect that the City and County can review the 2020 census date for accuracy and assist in determination whether redistricting of the City’s wards are required. We believe that it is likely that the City and County staff can provide the census date and mapping necessary to accomplish redistricting. If not, we may employ a GIS technician to assist in the redistricting process. We agree to provide the legal guidance necessary to complete and implement the City’s redistricting requirement identified by the 2020 census and County redistricting process. 3.Professional Liability Insurance. The Firm agrees to maintain professional liability insurance coverage, at all times, for the services it provides to the City under this Engagement Letter. 4.Termination. The City may terminate this engagement at any time, and payment will only be required for services performed and expenses incurred prior to the date of termination. Provided, however, if the Firm is representing the City in litigation that is ongoing at the time of termination, termination shall not be effective until the City has designated another lawyer or law firm to replace the Firm, in representing the City's interests. Upon termination, the Firm will immediately make its files on such matter available to the City or any other person that the City may designate. 5.Choice of law. All rights and obligations arising under this Engagement Letter shall be governed by the laws of the State of Texas, with venue in Walker County, Texas. 6.Cooperation and communication. The Firm agrees it will keep the City fully advised of all significant developments and will provide the City such written reports on the status of the matters it is handling as may be requested by the City. The City agrees to cooperate fully with the Firm in connection with the Firm’s provision of legal services, and to promptly provide all material information known or available to the City that is necessary to the Firm’s legal representation of the City. The City agrees to keep the Firm informed on a timely basis of all developments relating to the representation Aron Kulhavy City of Huntsville Engagement Letter October 5, 2021 Page 3 that are or might be important. The City agrees to attend meetings, conferences and proceedings when it is reasonable to do so. 7.File retention policy. The Firm will maintain its own files, including lawyer work product, pertaining to the representation of the City but it will remain the City’s responsibility to maintain such originals or copies of documents as are necessary to meet the City’s legal obligations and management needs. The Firm will, at the City’s reasonable request, provide copies of any documents that it retains, to the extent such documents have not been discarded in accordance with the Firm’s document retention policies. 8.Texas Lawyer’s Creed and Attorney Complaint Information Attached as Exhibit “B” is a copy of the Texas Lawyer’s Creed. The Firm encourages its lawyers to practice law in a professional and responsible manner as outlined in the Creed. A brochure entitled “Attorney Complaint Information” is available at our offices and upon request. A client that has any questions about the State Bar’s disciplinary process should call the Office of the General Counsel of the State Bar of Texas at 1-800-932-1900. Sincerely, OLSON & OLSON, L.L.P. /s/ Scott Bounds Scott Bounds Senior Counsel ATTACHMENTS: Exhibit A Hourly Rates Exhibit B Texas Lawyer’s Creed ACCEPTED: CITY OF HUNTSVILLE, TEXAS Date: Aron Kulhavy, City Manager Leonard Schneider, City Attorney lschneider@lilesparker.com EXHIBIT A Scott Bounds $250.00/hr Katie Rutherford $200/hr Paralegals $110/hr OLSON & OLSON, L.L.P. BILLING RATES ATTORNEY RATES EXHIBIT B The Texas Lawyer's Creed I am a lawyer. I am entrusted by the People of Texas to preserve and improve our legal system. I am licensed by the Supreme Court of Texas. I must therefore abide by the Texas Disciplinary Rules of Professional Conduct, but I know that professionalism requires more than merely avoiding the violation of laws and rules. I am committed to this creed for no other reason than it is right. Our Legal System A lawyer owes to the administration of justice personal dignity, integrity, and independence. A lawyer should always adhere to the highest principles of professionalism. 1.I am passionately proud of my profession. Therefore, “My word is mybond.” 2.I am responsible to assure that all persons have access to competentrepresentation regardless of wealth or position in life. 3.I commit myself to an adequate and effective pro bono program. 4.I am obligated to educate my clients, the public, and other lawyersregarding the spirit and letter of this Creed. 5.I will always be conscious of my duty to the judicial system. Lawyer to Client A lawyer owes to a client allegiance, learning, skill, and industry. A lawyer shall employ all appropriate means to protect and advance the client’s legitimate rights, claims, and objectives. A lawyer shall not be deterred by any real or imagined fear of judicial disfavor or public unpopularity, nor be influenced by mere self-interest. 1.I will advise my client of the contents of this Creed when undertakingrepresentation. 2.I will endeavor to achieve my client’s lawful objectives in legaltransactions and in litigation as quickly and economically as possible. 2 3.I will be loyal and committed to my client’s lawful objectives, but I will notpermit that loyalty and commitment to interfere with my duty to provide objective and independent advice. 4.I will advise my client that civility and courtesy are expected and are nota sign of weakness. 5.I will advise my client of proper and expected behavior. 6.I will treat adverse parties and witnesses with fairness and dueconsideration. A client has no right to demand that I abuse anyone or indulge in any offensive conduct. 7.I will advise my client that we will not pursue conduct which is intendedprimarily to harass or drain the financial resources of the opposing party. 8.I will advise my client that we will not pursue tactics which are intendedprimarily for delay. 9.I will advise my client that we will not pursue any course of action whichis without merit. 10.I will advise my client that I reserve the right to determine whether togrant accommodations to opposing counsel in all matters that do not adversely affect my client’s lawful objectives. A client has no right to instruct me to refuse reasonable requests made by other counsel. 11.I will advise my client regarding the availability of mediation, arbitration,and other alternative methods of resolving and settling disputes. Lawyer to Lawyer A lawyer owes to opposing counsel, in the conduct of legal transactions and the pursuit of litigation, courtesy, candor, cooperation, and scrupulous observance of all agreements and mutual understandings. Ill feelings between clients shall not influence a lawyer’s conduct, attitude, or demeanor toward opposing counsel. A lawyer shall not engage in unprofessional conduct in retaliation against other unprofessional conduct. 1.I will be courteous, civil, and prompt in oral and written communications. 2.I will not quarrel over matters of form or style, but I will concentrate onmatters of substance. 3 3. I will identify for other counsel or parties all changes I have made in documents submitted for review. 4. I will attempt to prepare documents which correctly reflect the agreement of the parties. I will not include provisions which have not been agreed upon or omit provisions which are necessary to reflect the agreement of the parties. 5. I will notify opposing counsel, and, if appropriate, the Court or other persons, as soon as practicable, when hearings, depositions, meetings, conferences or closings are canceled. 6. I will agree to reasonable requests for extensions of time and for waiver of procedural formalities, provided legitimate objectives of my client will not be adversely affected. 7. I will not serve motions or pleadings in any manner that unfairly limits another party’s opportunity to respond. 8. I will attempt to resolve by agreement my objections to matters contained in pleadings and discovery requests and responses. 9. I can disagree without being disagreeable. I recognize that effective representation does not require antagonistic or obnoxious behavior. I will neither encourage nor knowingly permit my client or anyone under my control to do anything which would be unethical or improper if done by me. 10. I will not, without good cause, attribute bad motives or unethical conduct to opposing counsel nor bring the profession into disrepute by unfounded accusations of impropriety. I will avoid disparaging personal remarks or acrimony towards opposing counsel, parties and witnesses. I will not be influenced by any ill feeling between clients. I will abstain from any allusion to personal peculiarities or idiosyncrasies of opposing counsel. 11. I will not take advantage, by causing any default or dismissal to be rendered, when I know the identity of an opposing counsel, without first inquiring about that counsel’s intention to proceed. 12. I will promptly submit orders to the Court. I will deliver copies to opposing counsel before or contemporaneously with submission to the Court. I will promptly approve the form of orders which accurately reflect the substance of the rulings of the Court. 13. I will not attempt to gain an unfair advantage by sending the Court or its staff correspondence or copies of correspondence. 4 14. I will not arbitrarily schedule a deposition, court appearance, or hearing until a good faith effort has been made to schedule it by agreement. 15. I will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience for any party. 16. I will refrain from excessive and abusive discovery. 17. I will comply with all reasonable discovery requests. I will not resist discovery requests which are not objectionable. I will not make objections nor give instructions to a witness for the purpose of delaying or obstructing the discovery process. I will encourage witnesses to respond to all deposition questions which are reasonably understandable. I will neither encourage nor permit my witness to quibble about words where their meaning is reasonably clear. 18. I will not seek Court intervention to obtain discovery which is clearly improper and not discoverable. 19. I will not seek sanctions or disqualification unless it is necessary for protection of my client’s lawful objectives or is fully justified by the circumstances. Lawyer and Judge Lawyers and judges owe each other respect, diligence, candor, punctuality, and protection against unjust and improper criticism and attack. Lawyers and judges are equally responsible to protect the dignity and independence of the Court and the profession. 1. I will always recognize that the position of judge is the symbol of both the judicial system and administration of justice. I will refrain from conduct that degrades this symbol. 2. I will conduct myself in Court in a professional manner and demonstrate my respect for the Court and the law. 3. I will treat counsel, opposing parties, the Court, and members of the Court staff with courtesy and civility. 4. I will be punctual. 5. I will not engage in any conduct which offends the dignity and decorum of proceedings. 5 6.I will not knowingly misrepresent, mischaracterize, misquote or miscitefacts or authorities to gain an advantage. 7.I will respect the rulings of the Court. 8.I will give the issues in controversy deliberate, impartial and studiedanalysis and consideration. 9.I will be considerate of the time constraints and pressures imposed uponthe Court, Court staff and counsel in efforts to administer justice and resolve disputes. Agenda Item # 3a Item/Subject: Consider the purchase of FY 2022 vehicles, from multiple vendors, authorizing the City Manager to award the contract. Initiating Department/Presenter: Public Works Presenter: Brent S. Sherrod, P.E., Public Works Director Recommended Motion: Move to waive the requirement for readings on two separate days and move to authorize the City Manager to purchase FY 2022 vehicles from multiple vendors, in the total amount of $ 1,638,860.68 to include all fees and authorize the City Manager to award the contract. Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and physical structures so that the City’s core services can be provided in an effective and efficient manner. Discussion: Each year, the City’s vehicle fleet is assessed by the Fleet Manager for normal maintenance and overall condition. Each fleet asset is assigned an expected life condition, with police vehicles rated on a 6-7-year life expectancy and general City fleet rated on 12-year life expectancy. These assessments formulate the Fleet Replacement Schedule for each subject budget year and has yielded (21) replacement vehicles for FY 2022. The vehicle requirements for FY 2022 are denoted on the attached Vehicle Purchase Summary spreadsheet, and include: -one (1) Autocar ACX64 Commercial front load with Heil Body for Solid Waste. (Chastang Bayou City Autocar). -one (1) Western Star with Peterson Grapple Roll off for Solid Waste. (Bryan Freightliner). -one (1) Western Star with Stella roll off bed for Solid Waste. (Bryan Freightliner) Decision Package. -one (1) Freightliner with Elgin Crosswind Street Sweeper. (Kinloch Equipment). -eight (8) Ford Explorer Police Package SUVs (6) for HPD Patrol, (1) for City Marshall and (1) for School Resource Officer (SRO) (Silsbee Ford). -one (1) Chevrolet 1500 2WD Double Cab pickup for Building Inspections Decision Package (Wiesner Huntsville). -one (1) Ford F250 2WD Extended Cab pickup for Parks (Boerne Ford). -two (2) Chevrolet 3500 Crew Cab DRW, LWB with service bed and ladder rack for Water (Wiesner Huntsville) One is a Decision Package. -two (2) Ford F250 Crew Cab LWB (1) for Street Dept, and (1) Parks (Red McCombs Ford). -one (1) Ford F150 Crew Cab pickup for HPD (Boerne Ford). -one (1) Ford F250 4WD Regular Cab pickup for Streets (Red McCombs Ford). -one (1) Ford F250 2WD Regular Cab pickup for Water (Boerne Ford). The sellers for each of the subject units are identified by the green highlighted items in the attached summary. The Budget amount shown in the summary includes the budget amendments for the Street Sweeper and Heavy Trash Truck which are being considered in the Consent Agenda items at this meeting. 10/19/2021 Agenda Item: 3a CITY COUNCIL AGENDA Agenda Item # 3a Fleet and Purchasing staff have obtained vehicle pricing worksheets from (1) local vender and two (2) regional cooperative contract award holders to assure competitive and advantageous pricing for the City’s vehicle requirements. The Texas Association of School Boards (TASB) Buy board program has historically afforded Texas municipalities a sound purchasing position given the competitive vehicle pricing available under the program. This cooperative contract meets all requirements of Texas Local Government Code 252 pursuant to competitive bidding by Texas municipalities. Fleet and Purchasing staff have evaluated the vehicle pricing worksheets received to determine (from among Ford and Chevrolet) the best value to the City when considering price, critical options/equipment availability and cost, and warranty coverage/term. Some prices are subject to change 10/31/2021, so we would like to wave the second reading to insure the prices. Previous Council Action: None Financial Implications: ☒Item is budgeted: 306-379-69040 In the amount of $ $1,638,860.68 (Includes Buy board Fees) Approvals: ☐City Attorney ☒Director of Finance ☒City Manager 2022 Vehicle Purchase Chastang Bayou Bryan Kinlock Grapevine Boerne Wiesner Red McCombs Silsbee Budget City AutoCar Frightliner Equipment Dodge Ford Huntsville Ford Fleet Group Ford Over/Under Total Cost Cost Cost Cost Cost Cost Cost Cost Budget Cost 373-1720 Autocar/Heil Front Load 365,000.00$ 364,052.00$ -$ -$ -$ -$ -$ -$ -$ (948.00)$ 364,052.00$ 375-818 Heavy Trash Truck 251,527.00$ 251,527.00$ -$ -$ -$ -$ -$ -$ -$ 251,527.00$ Dec. Pack Roll Off Truck 166,800.00$ 165,100.00$ -$ -$ -$ -$ -$ -$ (1,700.00)$ 165,100.00$ 382-383 Street Sweeper 269,718.00$ -$ 269,718.00$ -$ -$ -$ -$ -$ -$ 269,718.00$ 551-1403 Ford Explorer PPV 36,840.00$ -$ -$ -$ -$ -$ -$ 35,737.71$ (1,102.29)$ 35,737.71$ 551-1601 Ford Explorer PPV 36,840.00$ -$ -$ -$ -$ -$ -$ 35,737.71$ (1,102.29)$ 35,737.71$ 551-1602 Ford Explorer PPV 36,840.00$ -$ -$ -$ -$ -$ -$ 35,737.71$ (1,102.29)$ 35,737.71$ 551-1603 Ford Explorer PPV 36,840.00$ -$ -$ -$ -$ -$ -$ 35,737.71$ (1,102.29)$ 35,737.71$ 551-1604 Ford Explorer PPV 36,840.00$ -$ -$ -$ -$ -$ -$ 35,737.71$ (1,102.29)$ 35,737.71$ 551-1605 Ford Explorer PPV 36,840.00$ -$ -$ -$ -$ -$ -$ 35,737.71$ (1,102.29)$ 35,737.71$ 551-1318 Ford Explorer PPV (City Marshal)36,840.00$ -$ -$ -$ -$ -$ -$ 35,737.71$ (1,102.29)$ 35,737.71$ 555-1315 Ford Explorer SRO 36,840.00$ -$ -$ -$ -$ -$ -$ 35,737.71$ (1,102.29)$ 35,737.71$ Dec. Pack Chevy 1500 Double cab 2WD 35,000.00$ -$ -$ 31,105.00$ 29,065.00$ 28,420.00$ 34,704.00$ -$ (6,580.00)$ 28,420.00$ 460-1229 Ford F250 Ext Cab 2WD 30,820.00$ -$ -$ -$ 31,640.00$ 32,582.00$ 32,379.00$ -$ 820.00$ 31,640.00$ Dec. PacK Chevy 3500 DRW Crew Cab Work Bed 2WD 44,000.00$ -$ -$ 44,997.00$ 47,465.00$ 44,100.00$ 47,822.00$ -$ 100.00$ 44,100.00$ 362-1228 Chevy 3500 DRW Crew Cab Work Bed 2WD 43,000.00$ -$ -$ 44,997.00$ 47,465.00$ 44,100.00$ 47,822.00$ -$ 1,100.00$ 44,100.00$ 323-1217 Ford F250 Crew Cab 2WD 31,500.00$ -$ -$ 36,173.00$ 33,105.00$ 34,485.00$ 32,769.00$ -$ 1,269.00$ 32,769.00$ 422-1236 Ford F250 Crew Cab 2WD 31,500.00$ -$ -$ 36,173.00$ 33,105.00$ 34,485.00$ 32,769.00$ -$ 1,269.00$ 32,769.00$ 551-1252 Ford F150 Chevy Crew Cab Free Color 2WD 29,170.00$ -$ -$ 35,698.00$ 29,065.00$ 30,626.00$ 34,904.00$ -$ (105.00)$ 29,065.00$ 323-481 Ford F250 Reg Cab 4WD 32,120.00$ -$ -$ 38,441.00$ 29,405.00$ 31,805.00$ 31,669.00$ -$ (2,715.00)$ 29,405.00$ 362-482 Ford F250 Reg Cab 2WD 29,920.00$ -$ -$ 35,895.00$ 31,895.00$ 37,402.00$ 29,494.00$ -$ (426.00)$ 29,494.00$ 1,654,795.00$ 364,052.00$ 416,627.00$ 269,718.00$ 303,479.00$ 312,210.00$ 318,005.00$ 324,332.00$ 285,901.68$ (16,734.32)$ Vehicle Total Budget Number Buy Board /HGAC Fee 800.00$ 1,638,060.68$ Perferred Vender Under /Over Budget (16,734.32)$ Total cost Budget Number 1,654,795.00$ Vender Vehicle Total 1,638,060.68$ Buy Board/Hgac FEE Buy Board Fee 800.00$ Vehicle Total Total cost 1,638,860.68$ Decision Package Under Budget/Over Budget Agenda Item # 3b Item/Subject: First Reading Consider adoption of Resolution 2021-18 to revise the City of Huntsville’s 2040 Comprehensive Plan’s Future Land Use Map as a guide for future growth and development as recommended by the Planning Commission. Initiating Department/Presenter: Development Services Presenter: Kevin Byal, Director of Development Services Recommended Motion: Motion to approve Resolution 2021-18 to revise the City of Huntsville’s 2040 Comprehensive Plan’s Future Land Use Map as a guide for future growth and development as recommended by the Planning Commission. Strategic Initiative: Goal #1 - City Appearance - Provide policies, amenities, and events that enhance the City’s already beautiful and historic natural environment. Discussion: At the August 5, 2021, Planning Commission meeting, the Commission was presented with the final review of the City of Huntsville’s 2040 Comprehensive Plan update which includes the Future Land Use map. The Commission had expressed interest in a portion of the G.A. White subdivision as it was shown as commercial on the proposed future land use map. The area is generally located on the north side of 11th Street between Normal Park Drive on the east, Hickory Drive on the west and south of Cedar Drive. The Planning Commission voiced concern that the map was changing the residential area to commercial therefore recommended that the future land use map be updated to reflect the current residential land use. Subsequently, with this revision, the Planning Commission recommended approval of the 2040 Comprehensive Plan update. On September 7, 2021, the City Council was presented with resolution 2021-14 and adopted the 2040 Comprehensive Plan update with the Planning Commission’s recommendations, including the map revision. Immediately following the meeting, property owners in the affected area expressed concern about the map revision as they had gone through the process to have the Development District designation changed on their properties from Neighborhood Conservation (NC) to Management (M) with the intent to redevelop the properties as commercial. To be certain that the Planning Commission had all the information that they needed to be informed of the results of this change, staff brought this portion of the map back to the Planning Commission for discussion and consideration at the October 7, 2021, Planning Commission meeting. After reviewing Development District changes that have been approved in this area over the past 4 years and the fact that the future land use map is not a prediction of future land use and is not a zoning map but rather a tool to help developers and staff practically guide future development, the Planning Commission voted 4 to 1 in favor of changing the map back to reflect the future land use in this area as commercial. 10/19/21 Agenda Item: 3b CITY COUNCIL AGENDA Agenda Item # 3b Previous Council Action: On September 7, 2021, the City Council approved resolution 2021-14 adopting the 2040 Comprehensive Plan update with the Planning Commission’s recommendations, including the map revision Financial Implications: ☒ There is no financial impact associated with this item. Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: •Resolution 2021-18 •Future Use Land Map Commercial •Future Use Land Map Residential •Exhibit A RESOLUTION NO. 2021-18 A RESOLUTION OF THE CITY COUNCIL ADOPTING MAP REVISIONS TO THE HUNTSVILLE COMPREHENSIVE PLAN 2040 AS RECOMMENED BY THE PLANNING COMMISSION. WHEREAS, the Planning Commission reviewed revisions to the comprehensive plan future use land map and on October 7, 2021, recommended its approval; WHEREAS, City Council finds the Huntsville Comprehensive Plan 2040 future use land map to be beneficial to the health, safety and general welfare of the citizens of the community; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS THAT, the Huntsville Comprehensive Plan 2040 future land use map, a copy of which is attached to the original of this Resolution as Exhibit “A” and incorporated herein as if set out verbatim, is hereby adopted as a planning tool in the City of Huntsville, Texas. PASSED AND APPROVED this the ____ day of ____________ 2021. THE CITY OF HUNTSVILLE ___________________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: ___________________________ __________________________________ Kristy Doll, City Secretary Leonard Schneider, City Attorney §¨¦45 ¬¬19 2821 ¬¬30 1374 A N S M E M ORIAL PKY 247 ¬¬19 ¬¬75 ¬¬30 ¬¬75 §¨¦45 VETER A N S M E M O R I A L P K W Y AVE KMLK BLVD7TH ST AVE M19TH ST AVE I16TH ST AVE PAVE S20TH ST 12TH ST LAKE RDSYCAMORE AVE22ND STSMI TH H I L L AUTUM NHICKORY DRBEAR K A T B L V D OLD H O U S T O N R D 14TH ST PINE SHADOWS ST SMITHER DR 13TH STAVE JAVENUE UAVENUE O9TH ST AVE QAVE NRYAN FERRY RDNORMAL PARKAVE OAVE BEL RDEASTHAM21ST ST CLINE ST SPRING DRBOETTCHERUNIVERSITY AVE17TH ST 1ST ST AVE N 1/2AVE RELKS DRPALM ST ELM AVE18TH ST POWELL RDSUMMER L N PINE HI L L R D BROADMOOR DRAVE EAVE CAVE HRO Y A L O A K S PINE STAVE GEL M W O O D S T BOBBY K MARKS DRVICKI DR 15TH ST AVE L8TH ST SARA LN PI N E V A L L E Y BRUNCH AVETRINITY CUT OFFOLIVE ST DARREL W H I T E R D COLLARD ST HAYMAN STMONTGOMERYTHOMASO N S T RYANS FERRY RDMARY AVEANGIER RDMAJES T I C D R CLAY CIRA V E T WI L L O W B E N D D R GOSPEL HILL RD6TH ST TALL TIMBERS LNPLEASANT ST WINDS O R S T GAIL LN BOET T C H E R M I L L R D CROSSTIM B E R S DAISY LNWINDING WAYWOODWAR D D R BETO STSAM HOUSTON AVEWINTE R W A YBUSH DR COL ETHEREDGE BLVD LOUIS DAVIS DRHOLLY SPRINGS DRNOTTI N G H A M S T GOODRICH DRMA G N O L I A W A Y GOLDEN ROD LNJOHNSON RDR O S E N W A L L JOSEY ST OLD COL O NY RD HILL ST BADGER LN MIZE STROBINSON CREEK PKWYMOLLY DRROBINSON WAYGREENWOOD STGRAHAM RDAVENUE INORMAL PARK DR C L U B L A K E D RFINANCIAL PLAZA PLZOAK DR BAKERS RD AVENUE SESSEX BLVD OLD PHELPS RD 2ND ST TURNER ST BROOK HOLLOWTIMBERLINE DRCEDAR DR LAKERIDGE DR MORGAN LNH A Z E L A V EBERNICE DRPARKHILL ST RAVEN HILL DRESTILL AVEPERSIMMON DRHEATON AVEBOIS D ARC DR EL TOROBEARKAT BLVDKINGST O N D R BIRMINGHAM ST AVE L 1/2QUALITY BLVDPECAN DR MURR A Y L N GREENLEAF ST INDUSTR IAL DRPIN OAK DRR O S S S T EASLEY CI R EMILY LN HELEN ST HAYWOOD ST23RD STSOWELL DR SENDERO DRPAUL KNOX RDRESEAR C H D R DOGWOOD DRBOWERS BLVD HILLCREST D R HARDY RD 3RD ST OAK BND SAGE LNWATKINS ST SABRINA LNYOUNG STKNOB O A K S D R PINE G R O V E D R PINEY BOUGH DRROUNDABOUT RD BOLERA WAY HILL PINEBENT B O U G H P K H O L L Y D R CHIMNEY ROCK RD AMERICAN B A N K D R OLD SYCAMORE AVESAMANTHA LN EVERGREE N D R MAPLE LN VIOLET LNS PARK AVEPOPPY LNBLALOCK STPINE SHADOWS DR ADAMS DR THORN W O O D W A YOLDMADIS O N VIL L E R D R A V E N T E R R AC E D R 25TH ST SHANNON DR DALE LN SWEETGUM AVEPEAR DRAVE P 1/2REDBUD LNPARKWOO D S T MILL CIREAST AVE EARL RD ARCHER ST MEDICAL CENTER PKWYSETTLERS W A Y SAND DR YOUPON LNCRAWFORD STKRYSTAL L N 24TH ST VARSITY DR JU L IA AVEWILDWOODCRESTRIDGESHEP A R D D R MCLE O D D R MILAM ST JANUARY LNAVE DE MOSLEY LN WIN D R I D G E L N DIRT R D MESQUITE R D 21ST 1/2 ST F A R H I L L S L N KYLE DR SPROTT ST GAINOUS ST MCCOLLUM LN RIVER OA K S D RMANOR LNHOWARD CIR GIBBS STW FEEDER RD PATRICK ST BRAZOS DRMERCHAN T S T MCBEE LN PEACH TREE ST LINCOLN DRKAY TERHIDDEN VALLEY CIR 20TH 1/2 ST BAKER ST 19TH 1/2 ST U T I L I T Y R D W HILL PARKCIRCIRCLE DRPIPING ROCK D RINVERNESS DRVISTA WAYLEGION RDMARIGOLD LNWOLVERTON STJESSICA ST MCGUIRE LN NAN WAYG R A Y S TN PARK RDGL E N C T JESTER DRPLUM CREEK CROOKS DRCOTTONWOO D R D LONG POI NT R D OAK HILLS DRDICKEY STWOODLAND DR ELLA LEE DRFIRST STAR CIRNEW COLONY RD CYPRESS CIRSANDY OAKS DR 17TH STAVE OAVE G 14TH ST 17TH ST 7TH ST AVE P17TH ST AVE N7TH STAVE JAVE MS PARK AVE9TH ST 8TH ST 9TH ST 14TH ST 1ST ST 20TH ST AVE N12TH ST AVE CAVE E15TH ST PINE G R O V E D R AVE GAVE RJUL IA AVEAVE HAVE L 1/2AVE QAVE MPINE VALLEY AVE J23RD ST THOMASON ST HOLLY SPR INGS DR 13TH ST AVE IAVE P16TH STAVE E9TH ST 15TH ST 7TH ST 7TH ST AVE P13TH ST N O R M A L P A R K AVE QAVE CAVE I16TH S T 21ST ST 20TH ST AVE JAVE E3411 ¬¬19 "25 "23 "22 "8 "14 "10 "21 "28 "12 "9 "19 "26 "20 "15 "27 "24 "18 "16 "11 "17 "13 ¯ 0.25 00.125 Miles VETE Huntsville Future Land Use Plan, R 10/17/21Central City Core Huntsville City Limits100-Year FloodplainParcel Boundary Future Land Use Rural Parks/Recreation Estate Residential General Residential Multi-Family Residential Commercial Corridor Mixed Use Downtown Area Mixed Use Industrial Public Facilities/Institutional Civic Landmark 26. Fire Station #227. Sam Houston State University Police28. Fire Station #1 17. Aquatic Center Building #218. Wynne Home19. Police Department20. Walker County Courthouse21. City Hall22. Library23. Texas Dept. of Criminal Justice Huntsville Unit24. Texas Dept. of Criminal Justice Director's Office25. Sam Houston State University Landmarks Shown on Map8. Texas Dept. of Criminal Justice Wynne Unit9. Warehouse10. Garage11. Fire Station #312. Service Center13. Server Building14. Texas Dept. of Criminal Justice Byrd Unit15. Fire Station #416. Aquatic Center Building #1 A comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries. NOTE: EXHIBIT A Future Land Use Commercial Future Land Use Residential This would be General Residential, (with exception of SE corner of 11th and Normal Park –1022 Normal Park Drive, which is Commercial). Agenda Item # 3c Item/Subject: Consider approving the Conditional Use Permit Application for a Commercial Car Wash to be developed on property located at 1020 Pear Drive. Initiating Department/Presenter: Development Services Presenter: Armon Irones, City Planner Recommended Motion: Move to approve Conditional Use Permit Application 02-2021, allowing a Commercial Car Wash to be developed on property located at 1020 Pear Drive, in accordance with the conditions of the draft letter of approval as recommended by the Planning Commission. Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse economy. Discussion: On October 7, 2021, following a public hearing, the Planning Commission voted unanimously to recommend approval of Conditional Use Permit 02-2021 as detailed in the attached DRAFT Letter of Conditional Approval. This document places conditions on the development to mitigate possible nuisance effects of the development on surrounding properties and on the development of one of the primary corridors leading into the City. The applicant has agreed to the conditions recommended by the Planning Commission. The development will also be subject to all applicable provisions of the Development Code, Engineering design criteria and all other building codes. During the public hearing portion of the Planning Commission meeting, 6 people spoke in favor of the project, and no one spoke in opposition. Previous Council Action: None Financial Implications: ☒ There is no financial impact associated with this item. Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: •Draft Letter of Approval •Staff Disscussion Form •Vicinity map by staff •Application and Site Plan (Supplied by Applicant) 10/19/21 Agenda Item: 3c CITY COUNCIL AGENDA 448 SH 75 N ˑ Huntsville, TX 77320‐1118 ˑ 936‐294‐5700 ˑ 936‐294‐5701 fax ˑ www.huntsvilletx.gov Our vision for the City of Huntsville is a community that is beautiful, historic, culturally   diverse, affordable, safe, and well planned with great opportunity for our citizens.  Huntsville  October 4, 2021 Mr. Ronnie Corbin 3308 Preston Road, Suite 350-103 Plano, TX 75093 Re: CUP Application, Carwash, 1020 Pear Drive Dear Mr. Corbin, In observation of the requirements of the City Development Code, the City of Huntsville City Council’s consideration of Conditional Use Permit 02-2021 is subject to the following conditions: 1.A vegetative buffer shall be installed around the outer perimeter of the development to provide a sound buffer and visually screen it from other properties and/or public rights-of- way adjacent to residential properties. The vegetative buffer shall be a minimum of six (6) feet high and must be maintained in perpetuity. Fencing may also be incorporated to achieve the desired buffer. The fence must be constructed of wood, brick, split-face block, or any combination of these or similar materials that create an effective sound/visual screen. 2.Incorporated into the required sound/visual buffer on the perimeter of the development, tree planting shall be as follows: a.A minimum of one (1) 15-gallon tree shall be planted at a maximum spacing of twenty (20)-foot intervals within five (5) feet of the required property line. b.Variations in the tree planting requirements in setback areas may be permitted in effective use with existing trees and vegetation to provide an adequate landscaped buffer between the development and adjoining ROW’s with residential homes. 3.Landscape Maintenance/Terms. All plants and trees shall be maintained in a healthy and thriving condition. Initially, it shall be the responsibility of the developer to maintain (water and weed) all landscaping until such time as the property is occupied by reason of lease or purchase, at which time the responsibility for such maintenance shall be transferred to the new property owner. All landscaping and irrigation shall be located on the subject property. Landscaping installed for the purpose of screening the facility may not be located in the public Right-of-Way. 4.All public/private utility, electric, gas, cable television and telephone lines shall be installed underground. 5.A sidewalk shall be provided along all Road frontage of the property. C I T Y  O F Incorporated in 1845 under the Republic of Texas  448 SH 75 N ˑ Huntsville, TX 77320‐1118 ˑ 936‐294‐5700 ˑ 936‐294‐5701 fax ˑ www.huntsvilletx.gov Our vision for the City of Huntsville is a community that is beautiful, historic, culturally   diverse, affordable, safe, and well planned with great opportunity for our citizens.  6.Photometric Lighting Plan. Any site lighting used on the property shall be shielded and/or directed away from adjacent properties. Security lighting shall not infringe on adjacent properties. Use of lowest wattage and highest energy efficiency fixture available is required. Photometric light plan shall be submitted to and approved by the City Building Official. 7.Driveway access to the development shall only enter and exit the property from 11th Street, Pear Drive where shown on the site plan, and/or Hickory Drive. No access shall be allowed off Cedar Drive. 8.Hours of operation shall be with 7:30am to 8:00pm Monday through Saturday and 9:00am to 6:00pm on Sunday. 9.Compliance with all other applicable provisions of the City of Huntsville Development Code shall be implemented as part of this development. Please make note of the following excerpt from the Development Code, Section 12.809 Lapse of Approval. 12.809.A An approved conditional use application will lapse and have no further effect 18 months after it is approved by the City Council, unless: 1.A building permit has been issued (if required); 2.A certificate of occupancy has been issued; or 3.The conditional use has been lawfully established. 12.809.B The City Council is authorized to extend the expiration period for good cause on up to 2 separate occasions, by up to one year each. Requests for extensions must be submitted to the City Planner and forwarded to the City Council for a final decision. 12.809.C A conditional use also lapses upon revocation of a building permit or a certificate of occupancy for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the conditional use approval. This letter is your authorization to proceed with the required permitting for the project. If we may be of further service to you, please do not hesitate to contact us at 936-294-5782. Respectfully, Armon Irones 1 PLANNING COMMISSION AGENDA ITEM DISCUSSION FORM Prepared by: Armon Irones, City Planner Charles Young, Planner MEETING DATE: October 7, 2021 SUBJECT: Proposed Development of a Commercial Car Wash TYPE OF REVIEW: Conditional Use Permit Applicant: Ronnie Corbin LOCATION: 1020 Pear Drive FACTS, CODE REQUIREMENTS AND CONDITIONS With the adoption of the updated Development Code, effective date of August 31, 2015, additional measures were placed in the code to protect the character and growth of the City from potential nuisance land uses at the request of the Planning Commission and City Council. The Development Code states that certain nuisance uses may be made appropriate through the additional scrutiny of a Conditional Use Permit (CUP). The applicant, Ronnie Corbin is proposing to develop a Commercial Car Wash on property located at 1020 Pear Drive at the northwest intersection of Pear Drive and 11th Street. The subject property is approximately 1.62 acres in size and is located in the Management (M) District. The subject property currently has a single-family home on it that will be demolished. The commercial car wash will have a conveyor car wash tunnel that will be approximately 132’ in length and is proposing to have 27 self-serving vacuum bays for customers to clean their vehicles on their own. Adequate parking, traffic, and vehicle stacking lanes for the car wash could become issues, especially since that section of 11th Street has become a traffic hotspot. Water and sanitary sewer service are available for the proposed development. Civil plans have been submitted to the City’s Engineering Department for review and must be approved prior to construction. In the Huntsville Comprehensive Plan 2040 that was recently adopted by City Council there are three (3) goals listed under Land Use and Development Goals. Goal LUD 1: A land use allocation and pattern that supports Huntsville’s key focuses of increasing quality housing supply, economic development opportunities, and quality of life, while maintaining its “small town” and semi-rural feel. Goal LUD 2: Revitalized high-profile corridors and continued focus on downtown, providing increased retail and entertainment options within the city. Goal LUD 3: Focused growth within the city, promoting fiscal sustainability 2 The 11th Street corridor has become a high traffic area lined with retail and commercial uses. The lots along the west portion of Pear Drive and the east portion of Hickory Drive until the intersection of Cedar Drive are Management District. The further north the lots are away from 11th Street is where the concentration of Neighborhood Conservation lots are located. To date, the City has not received any calls or emails from property owners that are within 300’ of the proposed development. The attached Letter of Conditional Approval provides draft conditions that would serve to mitigate possible nuisance effects of the development on surrounding properties. These conditions are intended to address noise, intrusive lighting, maintenance, visual clutter, and parking concerns, etc. CUP Process The requirements for the review and approval of a Conditional Use Permit are defined in Article 10: Development Review and Approval Procedures, Section 12.800 Conditional Uses, Development Code, effective date of August 31, 2015. Simply stated the procedure for a Conditional Use Permit is as follows: Planning staff review application and prepare report and staff recommendation for the Planning Commission prior to the public hearing on the conditional use permit application. Planning Commission must hold a public hearing on the proposed conditional use. Commission must then act, by simple majority vote, to recommend approval, approval with conditions, or denial of therequest and convey its recommendation to City Council. Final action on the conditional use permit is by City Council after receiving the Planning Commission recommendation on the matter. City Council must hold a public hearing and then act to approve, approve the proposed amendment with conditions, or deny the proposed conditional use. City Council may also remand theproposed conditional use application to the Planning Commission for further consideration. The conditional use permit application may be approved by simple majority. There are additional provisions for lapses in, transferability of, and amendments to approved Conditional Use Permits in the code. Please refer to Section 12.800 of the Development Code for additional details. In reviewing an application for a CUP, Section 12.808 of the Development Code states the following: No conditional use may be recommended for approval or approved unless the respective review or decision-making body determines that evidence has been submitted to support each of the following conclusions: 3 •That the proposed use is consistent with the Comprehensive Plan. •That adequate utilities, roads, drainage and other necessary infrastructure facilities and public services are or will be available to serve proposed use; and •That the proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or be injurious to property values or improvements in the vicinity. STAFF RECOMMENDATION The 11th Street corridor is one of the primary corridors leading into and through the city. The subject site is positioned in a transitional area on 11th Street where commercial and retail uses are occurring along the north and south side of the street. IH 45 is located to the west of this area and recently there were two lots that were granted a Development District use change from the Planning Commission from Neighborhood Conservation to Management District. The surrounding long-established single-family residential uses along 11th Street are changing to more commercial uses due to several factors such as the close proximity of IH 45, 11th Street being a primary arterial, and the lack of owner- occupied homes along the corridor. Staff finds that the proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity greater than any other use allowed by right in the Management Development District. Possible injurious effects on surrounding property value may be mitigated by the conditions of approval included in the draft Letter of Conditional Approval because the proposed conditions would provide sufficient improvements and buffering to create a safe and attractive environment for continued development of the 11th Street corridor. Due to this, staff recommends approval of the Conditional Use Permit, with the conditions outlined in the Letter of Conditional Approval. ATTACHMENTS o Application o Vicinity map by staff o Attached Letter of Conditional Approval Subject Property CITY OF HUNTSVILLE, TX ENGINEERING DEPARTMENT / GIS DIVISION 8 CREATED DATE: 10/12/2021 Vicinity Map Huntsville GIS Division 1 in = 100 ft 0 0.015 0.030.0075 mi On 8.5 x 11 inch Print On Any Print Size Service Layer Credits: City of Huntsville GIS Division The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See full GIS Data Disclaimer at: www.huntsvilletx.gov/gis Agenda Item # 3d Item/Subject: Consider adoption of Ordinance 2021-35 to change the Development District Classification for 1021 Oak Drive and 2650 11th Street located in the G.A. White Subdivision from Neighborhood Conservation to Management, first reading. Initiating Department/Presenter: Development Services Presenter: Armon Irones, City Planner Recommended Motion: First reading. Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse economy. Discussion: DunnCo Properties, Ltd. Enterprises, LLC, the owners of 1021 Oak Drive and 2650 11th Street within the G.A. White Subdivision submitted an application to amend the Development District Map to change the current Development District Classification from Neighborhood Conservation to Management. These properties are bounded by 2640 11th Street to the east, 11th Street to the south, Oak Drive to the west, and 1015 Oak Drive to the north. A public hearing and consideration for the two properties were on the September 16, 2021, Planning Commission meeting agenda. During the public hearing one person spoke in support of the Development District application request, one person came and spoke because they wanted information regarding the Development District change, and three citizens spoke in opposition to the request. The Commission voted 4 to 2 in favor of recommending approval of the Development Map Amendment to change the subject property from Neighborhood Conservation to Management. Minutes from the Planning Commission meeting are attached to this agenda item along with the other documents submitted to the Planning Commission in their meeting packet for the cases. Previous Council Action: In February 2017, the Council held a public hearing and first reading on a request to reclassify only Block 3 of the G. A. Subdivision from Neighborhood Conservation to Management. This case was initiated by an application from all the owners of property within the Block. The submitted petition in opposition to the proposed change was determined to not be valid. The City Council approved the ordinance to amend the Development District Map for Block 3 by a vote of 6–2. In July 2018, the Council held a public hearing and first reading on a request to reclassify a portion of Block 7 of the G. A. Subdivision from Neighborhood Conservation to Management. This case was initiated by an application from the owners of properties within the Block. The City Council approved the ordinance to amend the Development District Map for Block 3 by a vote of 6–1. 10/19/21 Agenda Item: 3d CITY COUNCIL AGENDA Agenda Item # 3d Financial Implications: ☒ There is no financial impact associated with this item. Approvals: ☒City Attorney ☐Director of Finance ☒City Manager Associated Information: •Ordinance 2021-35 •9/16/21 Development District Application •Planning Commission Discussion Forms •9/16/21 Vicinity Map •City of Huntsville Development District Map Agenda Item # 3d ORDINANCE NO. 2021-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE DEVELOPMENT DISTRICT MAP OF THE CITY OF HUNTSVILLE, TEXAS TO CHANGE THE DEVELOPMENT DISTRICT CLASSIFICATION FOR A PORTION OF BLOCK 7 OF THE G.A. WHITE SUBDIVISION, FROM NEIGHBORHOOD CONSERVATION TO MANAGEMENT. WHEREAS the City Council of the City of Huntsville, Texas, has adopted an Official Development District Map and attendant regulations for the City which, in accordance with the Comprehensive Plan, was designed to control the density of population to the end that congestion may be lessened in public streets and that the public health, safety, convenience and general welfare is promoted in accordance with Chapter 211, Municipal Zoning Authority of the Texas Local Government Code; and WHEREAS the Development Code of the City of Huntsville provides for the amendment of the Official Development Map; and WHEREAS after public notice, the Planning Commission held a public hearing on September 16, 2021, to consider comments of the public regarding the adoption of the amendment to the Development District Map; and WHEREAS the Planning Commission has studied and evaluated the request and the report prepared by City Staff; and WHEREAS the Planning Commission has considered the comments of the public presented at the public hearing and has prepared a report for this Council of its conclusions and recommendations; WHEREAS after public notice, City Council held a public hearing and first reading on October 19, 2021, to consider comments from the public regarding the adoption of amendments to the Official Development District Map; and WHEREAS the City Council has studied and evaluated the request, the report prepared by City staff and the recommendations by the Planning Commission; and WHEREAS the City has updated the map to reflect the amended area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: The Official Development District Map of the City of Huntsville, as provided in Section 2.200 of the City’s Development Code, is amended to change the development district classification for a portion of block 7 of the G.A. White subdivision, from neighborhood conservation to management and City Staff is directed to make such change. Agenda Item # 3d SECTION 2: The newly amended Official Development District Map is adopted and shall supersede the prior Official Development District Map. SECTION 3: The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten days of final passage. This ordinance shall take effect ten (10) days after the date of final passage. PASSED AND APPROVED THIS ________________ DAY OF _______________ 2021. THE CITY OF HUNTSVILLE __________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Kristy Doll, City Secretary Leonard Schneider, City Attorney PD-DDMA-1 Revised: 12-2015 Development District Map Amendment Application City of Huntsville | 448 State Highway 75 North| Huntsville, TX 77320 | 936-294-5782 Applicant Information – As authorized by the property owner(s) Name Mailing Address City State Zip Code Phone Number Alternate Phone Number E-mail: I hereby submit this request for the below amendment to the Official Development District Map of the City of Huntsville. Signature Date Property Owner Information [If more than one property owner, check & attach a separate page listing all owners] By signing below, I acknowledge that I am the rightful owner of the property proposed for redistricting; and, if different, I authorize the “Applicant” to serve as my agent for matters pertaining to this application. Name Mailing Address City State Zip Code Phone Number Alternate Phone Number Signature Date Proposed Location for Development Redistricting Address or general location of the proposed Development Redistricting. (Staff will assist with providing maps.) District Classification Change Present Classification Downtown Management Neighborhood Conservation Planned Development Proposed Classification Downtown Management Neighborhood Conservation Planned Development Fees Public Hearing $300.00 Application Fee Public hearings are required for this request. City staff will complete all the requirements of the public hearing notice process. For Staff Use Only Received By and Date:Fee Paid:Planning Commission Date:City Council Date:Outcome: Patrick N. Dunn 10318 Lake Road, A103 Houston TX 77070 281-370-6687 832-276-3677 pdunn@dunnco.co 8/20/21 DunnCo Properties, Ltd. 10318 Lake Road, A103 Houston TX 77070 281-370-6687 832-276-3677 8/20/21 x 1021 Oak Dr., Huntsville, TX Additional Information Please provide any additional information pertinent to the City’s decision for this rezoning request. You may attach additional sheets as necessary. We propose to convert residential use to retail use. We have had several clients indicate desire to locate in section of 11th Street and there is no existing improvements that fit there requirements. We feel this frontage along 11th Street is well suited for a retail use. Signature 281-377777777777770-668 y ssssssssssssubmit thisisisisisisisisissiisis reques i x 1021 Oak Drive 89.55'43.71' 25' SHA R E D ACCESS E S M T 51.75' 25' BSL 90.57' 10' 15'10' BSL10' BSL10' BSL 25' BSL 10' PUE LOT 1B LOT 8A EXISTIN G D R I V E 5 10' BSL LOT 9A 88.91'104.96'10' PUE10' PUE 51.29'30' BSL650 SF 5 10' BSL WIDEN DRIVE 11TH S T R E E T SH 30/ 1 9 0 NEW S I D E W A L K 1021 2650 2640 OAK DRIVESTORM I N L E T PP PP PP PP FENCE 1300 SF Bldg. 650 SF TENANT 2 TENANT 1 FENCE VERIFY W I D T H N NORTH SCALE: 01 ARCHITECTURAL SITE PLAN 1" = 20'-0" PSP-3 06.16.2021 HUNTSVLLE, TX LOT 9A + 8A PRELIMINARY DRAWING - NOT FOR CONSTRUCTION OR REGULATORY APPROVAL PD-DDMA-1 Revised: 12-2015 Development District Map Amendment Application City of Huntsville | 448 State Highway 75 North| Huntsville, TX 77320 | 936-294-5782 Applicant Information – As authorized by the property owner(s) Name Mailing Address City State Zip Code Phone Number Alternate Phone Number E-mail: I hereby submit this request for the below amendment to the Official Development District Map of the City of Huntsville. Signature Date Property Owner Information [If more than one property owner, check & attach a separate page listing all owners] By signing below, I acknowledge that I am the rightful owner of the property proposed for redistricting; and, if different, I authorize the “Applicant” to serve as my agent for matters pertaining to this application. Name Mailing Address City State Zip Code Phone Number Alternate Phone Number Signature Date Proposed Location for Development Redistricting Address or general location of the proposed Development Redistricting. (Staff will assist with providing maps.) District Classification Change Present Classification Downtown Management Neighborhood Conservation Planned Development Proposed Classification Downtown Management Neighborhood Conservation Planned Development Fees Public Hearing $300.00 Application Fee Public hearings are required for this request. City staff will complete all the requirements of the public hearing notice process. For Staff Use Only Received By and Date:Fee Paid:Planning Commission Date:City Council Date:Outcome: Patrick N. Dunn 10318 Lake Road, A103 Houston TX 77070 281-370-6687 832-276-3677 pdunn@dunnco.co 8/20/21 DunnCo Properties, Ltd. 10318 Lake Road, A103 Houston TX 77070 281-370-6687 832-276-3677 8/20/21 x 2650 11th St. , Huntsville, TX Additional Information Please provide any additional information pertinent to the City’s decision for this rezoning request. You may attach additional sheets as necessary. We propose to convert residential use to retail use. We have had several clients indicate desire to locate in section of 11th Street and there is no existing improvements that fit there requirements. We feel this frontage along 11th Street is well suited for a retail use. Signature 281-377777777777770-668 y ssssssssssssubmit thisisisisisisisisissiisis reques i x GENERAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. Date: August 23, 2021 Grantor: Ambassador Global Group, LLC, a Texas limited liability company Grantor’s Mailing Address: 3819 Spring Dr. Huntsville, TX 77340 Grantee:DunnCo Properties II, LTD. Grantee’s Mailing Address:10318 Lake Rd. A-103 Houston, TX 77070 Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged. Property (including any improvements):Lot 8A, of G. A. White Addition, being out of and a part of the Replat of Lots 1, 8 and 9, Block 1, G. A. White Subdivision, City of Huntsville, Walker County, Texas, according to te plat of record in Volume 6, Page 8, Plat Records of Walker County, Texas. Reservations from Conveyance:None Exceptions to Conveyance and Warranty: Validly existing easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in persons other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; and taxes for 2021 which Grantee assumes and agrees to pay. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee’s heirs, successors, and assigns forever. Grantor binds Grantor and Grantor’s heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee’s heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. Page 1 of 2 Ambassador Global Group, LLC, a Texas limited liability company ______________________________________ Raymond Blackard, as member of Ambassador Global Group, LLC, a Texas limited liability company THE STATE OF TEXAS § § COUNTY OF WALKER § The foregoing instrument was acknowledged before me on the 23rd day of August, 2021, by Raymond Blackard, as member of Ambassador Global Group, LLC, a Texas limited liability company. _____________________________ Notary Public, State of Texas Page 2 of 2 89.55'43.71' 25' SHA R E D ACCESS E S M T 51.75' 25' BSL 90.57' 10' 15'10' BSL10' BSL10' BSL 25' BSL 10' PUE LOT 1B LOT 8A EXISTIN G D R I V E 5 10' BSL LOT 9A 88.91'104.96'10' PUE10' PUE 51.29'30' BSL650 SF 5 10' BSL WIDEN DRIVE 11TH S T R E E T SH 30/ 1 9 0 NEW S I D E W A L K 1021 2650 2640 OAK DRIVESTORM I N L E T PP PP PP PP FENCE 1300 SF Bldg. 650 SF TENANT 2 TENANT 1 FENCE VERIFY W I D T H N NORTH SCALE: 01 ARCHITECTURAL SITE PLAN 1" = 20'-0" PSP-3 06.16.2021 HUNTSVLLE, TX LOT 9A + 8A PRELIMINARY DRAWING - NOT FOR CONSTRUCTION OR REGULATORY APPROVAL Æÿ75 Æÿ19 Æÿ30 Æÿ75 Æÿ75 Æÿ19 Æÿ19 Æÿ19 Æÿ19 Æÿ19Æÿ30 UV1791 UV1791N UV2929 UV1374 UV2296 UV980UV2628 UV247 UVPR40 UV1696 UV1375 UV2793 UV2821 UV2821 UVPR40 UV247UV1696 £¤190 §¨¦45 §¨¦45§¨¦45 §¨¦45 1 in = 10,000 ft DISCLAIMER: These data are to be used for graphical representation only. The accuracy is not to be taken/used as data produced for engineering purposes or by a Registered Professional Land Surveyor for the State of Texas. For this level of detail, supervision and certification of the produced data by a Registered Professional Land Surveyor for the State of Texas would have to be performed. The City of Huntsville assumes no responsibility for the accuracy of said data. 0 9,750 19,5004,875 Feet ¯ February 17, 2020City of HuntsvilleGIS DivisionMap Created Atwww.huntsvillegis.com City of Huntsville - Development District Map Layout: Letter (8.5 x 11) - Portrait Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet On 8.5 x 11 inch Print On Any Print Size Legend Downtown District Planned Development District Neighborhood Conservation District Management District City Limits ETJ Page 1 of 4 PLANNING COMMISSION AGENDA ITEM DISCUSSION FORM Prepared by: Charles Young, Planner Armon Irones, City Planner SUBJECT: Development District Map Amendment MEETING DATE: September 16, 2021 TYPE OF REVIEW: Development District Reclassification APPLICANT: Patrick N. Dunn FACTS, CODE REQUIREMENTS AND CONDITIONS Staff has received an application from Patrick Dunn on behalf of the property owners of 2650 11th Street, DunnCo Properties, Ltd., requesting reclassification of the Development District for the property from Neighborhood Conservation (NC) to Management (M). The subject property is comprised of 0.138 acre, located approximately 55 feet east of the northeast corner of Oak Drive and 11th Street. The Subject property consists of Lot 8A and was a part of the Replat of Lots 1, 8, and 9, Block 1 in the G.A. White Subdivision in 2014. The Development District classifications for all properties within the City Limits were reviewed as an item on the Planning Commission’s 2016 work schedule and there was a reclassification done in that area from Neighborhood Conservation to Management District a few years ago. The recorded replat for G.A. White Subdivision is attached. The subject property has approximately 91 feet of frontage along 11th Street which is classified as a Primary Arterial Street per the current Huntsville Transportation Plan. There is a two (2) inch diameter water line along the east side of Oak Drive and a six (6) inch diameter sanitary sewer main located on the west side of Oak Drive and it also runs along 11th Street (in the right-of-way of 11th Street). The Development District classification for adjacent property is as follows: • Management (M) to the South across 11 th Street. • Neighborhood Conservation (NC) to the North. • Neighborhood Conservation (NC) to the East. • Neighborhood Conservation (NC) to the West. There are three (3) main Development Districts in the City of Huntsville. The two districts applicable to this case are defined in Section 2.300 of the Development Code as follows: 2.301 Neighborhood Conservation District – The Neighborhood Conservation (NC) district is intended to help protect property values by conserving the overall Page 2 of 4 character and function of single-family (detached house) residential areas of the City. It is intended for application in stable single-family (detached house) neighborhoods. 2.303 Management District – The Management (M) district is the most widely applied development district classification. All land not specifically classified in another development district is included in the M district. The M district allows all land uses, subject to compliance with all other applicable regulations of this Development Code. The Applicant has informed staff they plan to the subject property and the adjacent property to the east as a small retail center. If the subject area becomes reclassified as Management, any land use will be allowed for the property provided that all applicable regulations pertaining to the Management District are met. According to Section 12.308 Review and Approval Criteria the following three factors are to be considered when making recommendations and decisions about Development District map amendments. 12.308.A Consistency with the Comprehensive Plan and the Future Land Use Maps. In the Huntsville Comprehensive Plan 2040 that was recently adopted by City Council there are three (3) goals listed under Land Use and Development Goals. Goal LUD 1: A land use allocation and pattern that supports Huntsville’s key focuses of increasing quality housing supply, economic development opportunities, and quality of life, while maintaining its “small town” and semi-rural feel. Goal LUD 2: Revitalized high-profile corridors and continued focus on downtown, providing increased retail and entertainment options within the city. Goal LUD 3: Focused growth within the city, promoting fiscal sustainability The 11th Street corridor has become a high traffic area lined with retail and commercial uses. The lots along the west portion of Pear Drive and the east portion of Hickory Drive until you get to the intersection of Cedar Drive are all Management District. The further north the lots are away from 11th Street is where the concentration of Neighborhood Conservation lots are located. The Huntsville Comprehensive Plan 2040 Huntsville which included a future land use map, identifies these lots as residential uses in the future even though commercial uses are located along 11th Street. 12.308.B Compatibility with existing development district classifications, uses of nearby property and the character of the surrounding neighborhood. The neighborhood and surrounding area has developed in accordance to the original established development districts. Most of the single-family residences in this subdivision are occupied, however, the lots along 11th Street mainly front on a primary Page 3 of 4 arterial with some having direct access to neighborhood streets. This is not a desired characteristic for a single-family residential neighborhood. A commercial use is more compatible for the properties which front on 11th Street. Also relevant to this case, the properties located along the south of 11th Street from the subject area are designated as Management District. These are currently developed with retail/commercial uses. With the wide range of uses permitted in the Management (M) District, there are many potential, and potentially inappropriate, uses that may transpire on the subject property if it is reclassified, therefore it is difficult to determine the effect there may be on the neighboring properties. 12.308.C Availability of water, wastewater, storm water, and transportation facilities generally suitable and adequate for use allowed under the proposed development district. There is adequate water, wastewater and storm water infrastructure to accommodate the proposed change in the development district classification of the subject property. The subject property has frontage on and potential access from a primary arterial street. Since Development District Map Amendments are infrequently considered by the Commission, a couple of pertinent factors must be addressed. First, development district reclassification cannot be granted with conditions. Since there are limited development districts within Huntsville, the property can either be classified as Neighborhood Conservation or Management with all requirements of the Development Code for the given district governing how the property is developed. Second, the section below outlines a procedural aspect that may be applicable to this case: Section 12.307.A of the Development Code states: If a valid protest petition is filed against any proposed development district map amendment, passage of the amendment requires a favorable vote of at least 75% of the City Council members who are qualified to vote on the matter. Adequate notice was sent to the media and surrounding property owners as required by the Development Code and State law. After a public hearing, it is the duty of the Commission to review this proposal and submit a recommendation to the City Council on this matter. As of the date of this report, staff has received a call supporting this request and none in opposition. STAFF RECOMMENDATION: There have been several changes to the neighborhood character in the surrounding area of the subject property since the initial designation of the property as NC. The 0.177-acre property adjacent to the west of the subject property is also requesting a Development District Map Amendment. Since the subject property has frontage on 11th Street, land use/urban planning principles would establish that the highest and best use for the property would not be single-family residential. The Development Code requires buffering between commercial and single-family residential land uses. The change in the Development District classification from Neighborhood Conservation to Management would allow for any type of development to take place on the subject property, however, the Development Page 4 of 4 Code requires additional buffering between different intensity land uses and conditional use permits for certain commercial uses when within 200’ of Neighborhood Conservation. For this reason and because single-family residential is not the highest and best use of the property due to being located at the intersection of a primary arterial and neighborhood street, staff recommends approval of this request. ATTACHMENTS: Submitted Development District Map Application Recorded Replat of G.A. White Subdivision Vicinity Map of Area Development District Map of the City Subject Property CITY OF HUNTSVILLE, TX ENGINEERING DEPARTMENT / GIS DIVISION 8 CREATED DATE: 9/8/2021 Vicinity Map Huntsville GIS Division 1 in = 50 ft 0 0.0095 0.0190.00475 mi On 8.5 x 11 inch Print On Any Print Size Service Layer Credits: City of Huntsville GIS Division The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See full GIS Data Disclaimer at: www.huntsvilletx.gov/gis Page 1 of 4 PLANNING COMMISSION AGENDA ITEM DISCUSSION FORM Prepared by: Charles Young, Planner Armon Irones, City Planner SUBJECT: Development District Map Amendment MEETING DATE: September 16, 2021 TYPE OF REVIEW: Development District Reclassification APPLICANT: Patrick N. Dunn FACTS, CODE REQUIREMENTS AND CONDITIONS Staff has received an application from Patrick Dunn on behalf of the property owners of 1021 Oak Drive, DunnCo Properties, Ltd., requesting reclassification of the Development District for the property from Neighborhood Conservation (NC) to Management (M). The subject property is comprised of 0.177 acre, located at the northeast corner of Oak Drive and 11th Street. The Subject property consists of Lot 9A and was a part of the Replat of Lots 1, 8, and 9, Block 1 in the G.A. White Subdivision in 2014. The Development District classifications for all properties within the City Limits were reviewed as an item on the Planning Commission’s 2016 work schedule and there was a reclassification done in that area from Neighborhood Conservation to Management District a few years ago. The recorded replat for G.A. White Subdivision is attached. The subject property has approximately 54 feet of frontage but no driveway access on 11th Street which is classified as a Primary Arterial Street per the current Huntsville Transportation Plan. There is a two (2) inch diameter water line along the property at Oak Drive and a six (6) inch diameter sanitary sewer main located on the west side of Oak Drive and it also runs along 11th Street (in the right-of-way of 11th Street). The Development District classification for adjacent property is as follows: • Management (M) to the South across 11th Street. • Neighborhood Conservation (NC) to the North. • Neighborhood Conservation (NC) to the East. • Neighborhood Conservation (NC) to the West. There are three (3) main Development Districts in the City of Huntsville. The two districts applicable to this case are defined in Section 2.300 of the Development Code as follows: 2.301 Neighborhood Conservation District – The Neighborhood Conservation (NC) district is intended to help protect property values by conserving the overall character and function of single-family (detached house) residential areas of the Page 2 of 4 City. It is intended for application in stable single-family (detached house) neighborhoods. 2.303 Management District – The Management (M) district is the most widely applied development district classification. All land not specifically classified in another development district is included in the M district. The M district allows all land uses, subject to compliance with all other applicable regulations of this Development Code. The Applicant has informed staff they plan to the subject property and the adjacent property to the east as a small retail center. If the subject area becomes reclassified as Management, any land use will be allowed for the property provided that all applicable regulations pertaining to the Management District are met. According to Section 12.308 Review and Approval Criteria the following three factors are to be considered when making recommendations and decisions about Development District map amendments. 12.308.A Consistency with the Comprehensive Plan and the Future Land Use Maps. In the Huntsville Comprehensive Plan 2040 that was recently adopted by City Council there are three (3) goals listed under Land Use and Development Goals. Goal LUD 1: A land use allocation and pattern that supports Huntsville’s key focuses of increasing quality housing supply, economic development opportunities, and quality of life, while maintaining its “small town” and semi-rural feel. Goal LUD 2: Revitalized high-profile corridors and continued focus on downtown, providing increased retail and entertainment options within the city. Goal LUD 3: Focused growth within the city, promoting fiscal sustainability The 11th Street corridor has become a high traffic area lined with retail and commercial uses. The lots along the west portion of Pear Drive and the east portion of Hickory Drive until you get to the intersection of Cedar Drive are all Management District. The further north the lots are away from 11th Street is where the concentration of Neighborhood Conservation lots are located. The Huntsville Comprehensive Plan 2040 Huntsville which included a future land use map, identifies these lots as residential uses in the future even though commercial uses are all along 11th Street. 12.308.B Compatibility with existing development district classifications, uses of nearby property and the character of the surrounding neighborhood. The neighborhood and surrounding area has developed in accordance to the original established development districts. Most of the single-family residences in this subdivision are occupied, however, the lots along 11th Street mainly front on a primary arterial with some having direct access to neighborhood streets. This is not a desired Page 3 of 4 characteristic for a single-family residential neighborhood. A commercial use is more compatible for the properties which front on 11th Street. Also relevant to this case, the properties located along the south of 11th Street from the subject area are designated as Management District. These are currently developed with retail/commercial uses. With the wide range of uses permitted in the Management (M) District, there are many potential, and potentially inappropriate, uses that may transpire on the subject property if it is reclassified, therefore it is difficult to determine the effect there may be on the neighboring properties. 12.308.C Availability of water, wastewater, storm water, and transportation facilities generally suitable and adequate for use allowed under the proposed development district. There is adequate water, wastewater and storm water infrastructure to accommodate the proposed change in the development district classification of the subject property. The subject property has frontage on and potential access from a primary arterial street. Since Development District Map Amendments are infrequently considered by the Commission, a couple of pertinent factors must be addressed. First, development district reclassification cannot be granted with conditions. Since there are limited development districts within Huntsville, the property can either be classified as Neighborhood Conservation or Management with all requirements of the Development Code for the given district governing how the property is developed. Second, the section below outlines a procedural aspect that may be applicable to this case: Section 12.307.A of the Development Code states: If a valid protest petition is filed against any proposed development district map amendment, passage of the amendment requires a favorable vote of at least 75% of the City Council members who are qualified to vote on the matter. Adequate notice was sent to the media and surrounding property owners as required by the Development Code and State law. After a public hearing, it is the duty of the Commission to review this proposal and submit a recommendation to the City Council on this matter. As of the date of this report, staff has received a call supporting this request and none in opposition. STAFF RECOMMENDATION: There have been several changes to the neighborhood character in the surrounding area of the subject property since the initial designation of the property as NC. The 0.138-acre property adjacent to the east of the subject property is also requesting a Development District Map Amendment. Since the subject property has frontage on 11th Street, land use/urban planning principles would establish that the highest and best use for the property would not be single-family residential. The Development Code requires buffering between commercial and single-family residential land uses. The change in the Development District classification from Neighborhood Conservation to Management would allow for any type of development to take place on the subject property, however, the Development Code requires additional buffering between different intensity land uses and Page 4 of 4 conditional use permits for certain commercial uses when within 200’ of Neighborhood Conservation. For this reason and because single-family residential is not the highest and best use of the property due to being located at the intersection of a primary arterial and neighborhood street, staff recommends approval of this request. ATTACHMENTS: Submitted Development District Map Application Recorded Replat of G.A. White Subdivision Vicinity Map of Area Development District Map of the City Subject Property CITY OF HUNTSVILLE, TX ENGINEERING DEPARTMENT / GIS DIVISION 8 CREATED DATE: 9/8/2021 Vicinity Map Huntsville GIS Division 1 in = 50 ft 0 0.0095 0.0190.00475 mi On 8.5 x 11 inch Print On Any Print Size Service Layer Credits: City of Huntsville GIS Division The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See full GIS Data Disclaimer at: www.huntsvilletx.gov/gis Agenda Item # 4e Item/Subject: First Reading - Consider authorizing the City Manager to approve a contract with TML Health Benefits Pool for health insurance administrative fees and fully insured dental premiums. Initiating Department/Presenter: Human Resources Presenter: Julie O’Connell, Human Resources Director Recommended Motion: Move to waive the requirement for a second reading and move to authorize the City Manager to approve a contract with TML Health Benefits Pool for health insurance administrative fees and fully insured dental premiums in the amount of $330,000. Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government through conservative fiscal practices and resource management. Discussion: The City currently utilizes TML Health to administer our self-insured health insurance program and our fully insured dental plan. The current contract ends 12/31/21. A major change effective 1/1/22 is the switch from United Healthcare to Blue Cross Blue Shield as the provider network. This will give our employees a much larger network of providers. This new agreement is a three-year contract ending December 31, 2024 for medical/RX claims administration and a fully insured dental plan. In order to allow adequate time for Blue Cross to enroll employees in their system and for employees to receive new ID cards by 1/1/22, open enrollment must be the first week of November, which necessitates the request to waive the second reading. The rate for claims administration is $42.40 per employee/retiree per month, or approximately $140,000 annually (depending on the number of employees/retirees on the plan). This does not include the cost of actual claims. The premium cost to the City for the fully insured dental plan is approximately $190,000 annually. This includes administration and total claims cost. Listed below are some of the major services provided by TML Health related to the administration of our health insurance program: • Access to the Blue Cross Blue Shield provider network and associated discounts on claims • Review, process and pay claims while ensuring compliance with our Plan Document, which outlines what is covered or not covered by the plan • Manages the prescription drug program and Pre and Post-65 retirement plans • Manages our Flexible Spending Account program (pre-tax debit card for medical expenses) • Manages high deductible health plan and associated banking • Provides billing services for stop loss and life insurance • Pursues subrogation of claims (recovery of claim expenses through another party, which may result in cost savings to our plan) • Manages our tele-medicine agreement, claims and service • Manages our dental plan through Blue Care Dental 10/19/21 Agenda Item: 4e CITY COUNCIL AGENDA Agenda Item # 4e Previous Council Action: The City Council approved the current contract on 9/15/20. Financial Implications: ☒Item is budgeted: 302-1302-78984 In the amount of: $330,000 Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: • N/A Agenda Item # 4a Item/Subject: Consider adoption of Resolution 2021-19 relating to redistricting by the Texas Legislature. Initiating Department/Presenter: City Manager Presenter: Aron Kulhavy, City Manager Recommended Motion: Move to adopt resolution 2021-19 relating to redistricting by the Texas Legislature. Strategic Initiative: Goal #5 - Resource Development - Enhance the quality of life for citizens, businesses and visitors by leveraging the human and fiscal resources available to the community. Discussion: Every 10 years, after completion of the decennial census, redistricting is tackled by the state legislature to change the boundaries of the state’s Congressional districts. Under the proposed redistricting plan, Walker County is split into two different districts with the boundary line separating the south end of Huntsville from the north. The southern half of Walker County would be in a district with Montgomery, Polk, and San Jacinto counties while the norther half of the county would be in a district with several counties to the west stretching all the way to the west side of Travis county. The attached maps show the boundaries of the proposed districts. The proposed redistricting map for the Texas House of Representatives keeps Huntsville and Walker County in one district. The district would consist of Walker, Madison, Washington, Grimes, Robertson and part of Brazos County. The proposed state Senate district maps also keep Huntsville and Walker County hole and stretches east from Trinity County to Williamson County. The attached resolution does not address the proposed state office districts. The attached resolution is to oppose the proposed Congressional redistricting plan and request that the legislature keep Huntsville and Walker County within the same Congressional District. The Commissioner’s Court of Walker County recently considered and adopted a similar resolution. If approved, a copy of this resolution will be forwarded to our state representatives. Previous Council Action: The Council has not taken any action on this item. Financial Implications: ☒There is no financial impact associated with this item. Approvals: ☒City Attorney ☐Director of Finance ☒City Manager Associated Information: •Maps of proposed Congressional Districts •Resolition 2021-19 10/19/21 Agenda Item: 4a CITY COUNCIL AGENDA RESOLUTION NO. 2021-19 A RESOLUTION OF THE CITY COUNCIL RELATING TO REDISTRICTING BY THE TEXAS LEGISLATURE On the 19th day of October 2021, at a duly posted and called regular meeting of the Huntsville City Council, there came for consideration and approval a resolution, relating to redistricting various districts by the Texas Legislature. WHEREAS, the Texas Constitution in Article III lays out the framework by which redistricting occurs in Texas by the Legislature following publication of the decennial census; and WHEREAS, the Texas Demographer has reported the ideal population of each Texas House, Texas Senate, U.S. Congressional, and State Board of Education Districts based off the 2020 decennial census for the State of Texas; and WHEREAS, ensuring communities are equally represented in accordance with the one- person, one-vote requirement and ensuring districts populations are within the ideal range and without excessive deviations from all other districts is an enormous task of the Texas Legislature; and WHEREAS, the current proposed Congressional districts under consideration by the Texas Legislature appear to divide the City of Huntsville into two separate Congressional Districts; and WHEREAS, as of the date of this Resolution, the final Texas House Districts and U.S. Congressional Districts have not been approved and shared with City of Huntsville officials; and WHEREAS, the City of Huntsville seeks to ensure our city, county and communities are not broken up into multiple districts; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF HUNTSVILLE THAT: Section 1. The City of Huntsville requests the Texas Legislature to reevaluate the proposed Texas Congressional Districts and to take into consideration the proposed ideal size of said districts and maintain the City of Huntsville representation in the United States House of Representative with one Representative for the entirety of the City and County. Section 2. The City of Huntsville asserts that at no time do we support dividing our city, county, communities, and neighborhoods. Section 3. A copy of this Resolution shall be provided to every member of the Texas House and Senate Redistricting Committees, City of Huntsville Legislative Delegation, the Speaker of the Texas House and the Lieutenant Governor of Texas. PASSED AND APPROVED this 19th day of October 2021. THE CITY OF HUNTSVILLE ___________________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: ___________________________ __________________________________ Kristy Doll, City Secretary Leonard Schneider, City Attorney Agenda Item # 4b Item/Subject: Consider the appointments to City of Huntsville Boards and Commissions for expired terms or vacant board positions. Initiating Department/Presenter: City Council Presenter: Mayor Andy Brauninger Recommended Motion: Move to appoint the Board and Commission members as presented. Strategic Initiative: Goal #5 - Resource Development - Enhance the quality of life for citizens, businesses and visitors by leveraging the human and fiscal resources available to the community. Discussion: Please see the attached list for appointments or reappointments to the following City of Huntsville Boards and Committees: Main Street Program Advisory Committee, Tourism Advisory Board, and Veterans Affairs Advisory Board. The positions on these Boards and Committees are either expiring on August 31, 2021 or were vacant and needed to be filled. Previous Council Action: None Financial Implications: ☒There is no financial impact associated with this item. Approvals: ☐City Attorney ☐Director of Finance ☐City Manager Associated Information: •2021 Board Appointments 10/19/2021 Agenda Item: 4b CITY COUNCIL AGENDA BOARDS & COMMISIONS SEATS BOARD MEMBER TERM EXPIRES Arts Commission #1 Appoint - Richard Yawn 8/31/2023 Parks and Recreation #5 Appoint- Paul Park 8/31/2023