1-7-2020 packet
CITY OF HUNTSVILLE, TEXAS
Andy Brauninger, Mayor
HUNTSVILLE CITY COUNCIL AGENDA
TUESDAY, JANUARY 7, 2020
WORKSHOP 5:00 P.M. - REGULAR SESSION 6:00 P.M.
CITY COUNCIL CHAMBERS & LARGE CONFERENCE ROOM
HUNTSVILLE CITY HALL, 1212 AVENUE M, HUNTSVILLE, TEXAS 77340
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the
City Secretary’s office (936.291.5413), two working days prior to the meeting for appropriate arrangements.
WORKSHOP [5:00 P.M.] City Council will hear a presentation on landscaping from the Texas Department of
Transportation on I-45 segment 2A.
MAIN SESSION [6:00 P.M.]
CALL TO ORDER
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.
PUBLIC HEARING
- Public hearing to hear comments on the Conditional Use Permit Application for a “Purpose-Built Shared
Housing, Detached” project to be developed on property located in the 1300 Block of Windsor Street.
- Public hearing to hear comments on the Conditional Use Permit Application for a “Purpose-Built Shared
Housing, Attached” project to be developed on property located in the 3600 Block of Boettcher Drive.
1. 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. Approve the minutes of the City Council meeting held on December 17, 2019. [Brenda Poe, City Secretary]
b. Consider authorizing the City Manager to enter into an agreement with Strand Associates, Inc. for
professional engineering services for NB-06 Sanitary Sewer Basin Rehabilitation Project, Project No. 20-
10-06. [Y. S. “Ram” Ramachandra, City Engineer]
c. Consider the approval of supply contracts for chemicals used in water and wastewater treatment throughout
the City with a term of one (1) year plus one (1) year renewal. [Brent Sherrod, P.E., Director of Public
Works]
d. Consider authorizing the City Manager to execute Change Order No. 4 for Sanitary Sewer Line
Replacement (IH-45 to Water’s Edge Lift Station) Project - Project #16-10-05 and adopt Ordinance 2020-
12 for the associated budget amendment. [Y. S. “Ram” Ramachandra, City Engineer]
2. STATUTORY AGENDA
a. Consider the Conditional Use Permit Application for a “Purpose-Built Shared Housing, Detached” project
to be developed on property located in the 1300 Block of Windsor Street. [Planning]
b. Consider the Conditional Use Permit Application for a “Purpose-Built Shared Housing, Attached” project
to be developed on property located in the 3600 Block of Boettcher Drive. [Planning]
Paul Davidhizar, Position 1 At-Large
Dee Howard Mullins, Position 2 At-Large
Clyde D. Loll, Position 3 At-Large
Mari Montgomery, Position 4 At-Large
Daiquiri Beebe, Ward 1
Russell Humphrey, Ward 2
Blake Irving, Ward 3
Mayor Pro Tem Joe P. Rodriquez, Ward 4
3. 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. Ethel Hawkins would like to discuss the Honorable Mayor Andy Brauninger Mayor’s Roundtable Taking
a Stance Against Homelessness – “Dribble Against Homelessness!!!”
4. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
5. 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.)
6. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551,
551.071 to receive legal advice on the annexation of Area E and the annexation of areas “A” thru “G” and
lawsuits filed in Cause No. 1929442, Billingsley, et al v City of Huntsville, regarding said annexation.
[Leonard Schneider, City Attorney]
7. RECONVENE
Take action on items discussed in executive session, if needed.
ADJOURNMENT
*If, during the course of the meeting and discussion of any items covered by this notice, City Council determines that a Closed or Executive
session of the Council is required, then such closed meeting will be held as authorized by Texas Government Code, Chapter 551, Section
551.071 – consultation with counsel on legal matters; 551.072 – deliberation regarding purchase, exchange, lease or value of real property;
551.073 – deliberation regarding a prospective gift; 551.074 – personnel matters regarding the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee; 551.076 – implementation of security personnel or devices;
551.087 – deliberation regarding economic development negotiation; Sec. 551.089 - deliberation regarding security devices or security audits;
and/or other matters as authorized under the Texas Government Code. If a Closed or Executive session is held in accordance with the Texas
Government Code as set out above, the City Council will reconvene in Open Session to take action, if necessary, on the items addressed
during Executive Session.
CERTIFICATE
I, Brenda Poe, City Secretary, do hereby certify that a copy of the January 7, 2020 City Council agenda was posted on the City Hall
bulletin board, a place convenient and readily accessible to the general public at all times, and to the City’s website,
www.HuntsvilleTX.gov, in compliance with Chapter 551, Texas Government Code.
DATE OF POSTING: 1/2/2020
TIME OF POSTING: 3:45 pm ____________________________
TAKEN DOWN: Brenda Poe, City Secretary
Brenda Poe
MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 3rd
DAY OF DECEMBER 2019, 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 regular session with the following:
COUNCILMEMBERS PRESENT: Andy Brauninger, Daiquiri Beebe, Blake Irving, Russell Humphrey, Clyde
D. Loll, Dee Howard Mullins (arrived at 6:04 pm), Joe P. Rodriquez, Mari Montgomery
COUNCILMEMBERS ABSENT: Paul Davidhizar
OFFICERS PRESENT: Aron Kulhavy, City Manager; Brenda Poe, 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
Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and
indivisible.
Councilmember Beebe gave the invocation and Mayor Brauninger led the pledges.
1. PROCLAMATIONS AND PRESENTATIONS
− The Huntsville High School 2019 championship football team was recognized.
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. Approve the minutes of the City Council meeting held on December 3, 2019. [Brenda Poe, City
Secretary]
b. Consider approval of the purchase of 24 MSA air packs and associated items. [Greg Mathis, Fire
Chief]
c. SECOND READING - Consider authorizing the City Manager to award the construction for 2018
CDBG Water System Improvement Project (No. 17-01-24), second reading. [Y. S. “Ram”
Ramachandra, City Engineer]
d. SECOND READING - Consider action to adopt Ordinance 2020-10 to suspend the increased gas
rates proposed on or about November 14, 2019 by CenterPoint Energy Resources Corp. in the
Beaumont/East Texas Service Division Area, and authorizing hiring of lawyers and rate experts,
second reading. [Leonard Schneider, City Attorney]
Councilmember Rodriquez made a motion to approve the consent agenda; the motion was seconded by
Councilmember Montgomery. The motion was adopted, 8-0.
3. STATUTORY AGENDA
a. SECOND READING - Consider adoption of Ordinance 2020-09 to approve regulating the
operation of Sharable Mobility Devices, second reading. [Kevin Byal, Director of Development
Services/Building Official]
Councilmember Rodriquez made a motion to approve Ordinance 2020-09 implementing Regulations for
the use of Shareable Mobility Devices; the motion was seconded by Councilmember Beebe. The motion
was adopted, 8-0.
b. SECOND READING - Consider Ordinance 2020-05 amending Section 4.100, Table 4-1: Use Table
and Section 4.200 Supplementary Use Regulations in Article 4 Use Regulations; Section 6.200,
Table 6-1: Minimum Motor Vehicle Parking Ratios in Article 6 Parking and Driveway Access;
and Article 11: Nonconformities; Section 15.200 Definitions in Article 15 Terminology and
Definitions in the Development Code of the City of Huntsville; setting an effective date, second
reading. [Leigha Larkins, Planner]
Councilmember Rodriquez made a motion to approve Ordinance 2020-05 to amend the language of the
Development Code; the motion was seconded by Councilmember Montgomery. Councilmember Beebe
read a statement addressing concerns she felt limited mobile truck businesses. She made a motion to
amend the item to strike Use Regulations Table for Article 4.2 to read mobile food vendors and mobile
food vendor parks not be prohibited from the downtown district, but that they be permitted by right. The
amendment failed with a 4-4 vote. Councilmember Beebe made a motion to amend Article 4.208(B)9 to
not restrict the hours of operations; the motion was seconded by Councilmember Humphrey. The motion
failed with 3-5 vote. Councilmember Beebe made a motion to amend Article 4.208(B) striking number
10; the motion was seconded by Councilmember Irving. The motion was adopted 8-0. The original
motion was adopted with the amendment, 8-0.
c. Consider adoption of Ordinance 2020-11 to amend the budget for FY 19-20 and amending the
Schedule of Fees and Charges. [Steve Ritter, Finance Director]
Councilmember Rodriquez made a motion to adopt Ordinance 2020-11 to amend the budget for FY 19-
20 and amend the Schedule of Fees and Charges; the motion was seconded by Councilmember
Montgomery. The motion was adopted, 8-0.
4. CITY COUNCIL/MAYOR/CITY MANAGER
a. Consider approving nominees for City boards, committees, and commissions. [Andy Brauninger,
Mayor]
The Mayor moved his nomination. The motion was adopted, 8-0.
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. Danny Sanders would like to address the Council about claims against Danny Sanders II.
Mr. Sanders spoke about his son’s issue with the City about overpayments received on his paycheck.
b. Tucker Sullivan would like to address the Council about City ordinances on skateboarding
Mr. Sullivan asked Council to consider reviewing the ordinance on prohibiting skateboarding to designate
an area where they are allowed or consider installing a skate park within the City.
The Mayor allowed Ethel Hawkins to speak about the State of the City and her efforts to bring 100
churches together for State of the Church.
6. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
None.
7. 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 informed the public that the State of the City address delivered on Monday, December
9th, is available on Facebook and Youtube. He talked about the love #HomeSweetHuntsville has. As part of
that spirit, the Mayor said that the Huntsville Fire Department is still collecting toys to make Christmas bright
for some of our younger citizens. Please drop off donations at any fire station in the City.
Councilmember Rodriquez spoke about the Huntsville Public Library kick off winter festivities with a reading
of “Twas the Night Before Christmas” and enjoying holiday cookies. The fun will begin at 3 p.m. Monday,
December 23 in the Staggs Community Room.
Councilmember Montgomery encouraged residents to enjoy the picture-perfect spot for those last-minute
photos at the City of Huntsville Christmas tree will stay lit until through January 2, 2020. The MAJESTIC
Mountain Pine along with all the decorations in Rather Park in downtown Huntsville will make every
grandmother happy to see on the fridge.
Councilmember Loll reminded citizens the City of Huntsville will be closed for Christmas on Tuesday and
Wednesday, Dec. 24 and 25. All offices will reopen on Thursday, Dec. 26. The Transfer Station will only be
closed Wednesday. Please do not use recycle cans for garbage. Also, there will be no heavy trash during
Christmas week.
Councilmember Howard Mullins reminded the last day to submit reimbursement from GLO is Dec. 31, 2019.
The Mayor asked Director of Economic Development and Special Projects Tammy Gann to speak on the Old
Town Theater.
Councilmember Rodriquez thanked the staff and the citizens for a wonderful 2019 and wished them Merry
Christmas.
8. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551,
551.071 to receive legal advice on the annexation of Area E and the annexation of areas “A” thru
“G” and lawsuits filed in Cause No. 1929442, Billingsley, et al v City of Huntsville, regarding said
annexation. [Leonard Schneider, City Attorney]
b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551,
551.071 to receive legal advice on claims against Danny Sanders II. [Leonard Schneider, City
Attorney]
The Council adjourned to Executive Session at 7:21 p.m.
9. RECONVENE
The Council reconvened at 8:06 p.m. Councilmember Rodriquez authorized the City Manager to send a
letter to ESD #2 concerning annexation through Ordinance 2019-45; the motion was seconded by
Councilmember Montgomery. The motion was adopted, 8-0.
ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 8:06 p.m.
Brenda Poe, City Secretary
ATTEST: CITY OF HUNTSVILLE
________________________________ ________________________________
Brenda Poe, City Secretary Andy Brauninger, Mayor
Agenda Item #1b
Item/Subject: Consider authorizing the City Manager to enter into an agreement with Strand
Associates, Inc. for professional engineering services for NB-06 Sanitary Sewer Basin Rehabilitation
Project, Project No. 20-10-06.
Initiating Department/Presenter: Engineering
Presenter: Y. S. “Ram” Ramachandra, City Engineer
Recommended Motion: Move to authorize the City Manager to enter into an agreement with Strand
Associates, Inc. for professional engineering services for NB-06 Sanitary Sewer Basin Rehabilitation
Project, Project No. 20-10-06.
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: Based on the findings of condition and capacity study during 2015-2016 of Citywide
Wastewater (sewer) Collection System (2016 Study), sewer system in Elkins Lake Subdivision was
determined to have a higher level of groundwater infiltration and storm water inflow (termed as I/I).
This higher level of I/I has been causing overload condition to N.B. Davidson Wastewater Treatment
Plant (WWTP) during wet weather conditions. Overloading of the plant causes adverse effects to the
sewer treatment process by way of insufficient treatment, higher operating cost and potential of not
being able to meet regulatory discharge requirements. Moreover, deteriorated sanitary sewer
segments and manholes have potential to cause leaks and infrastructure collapse requiring costly
maintenance on a recurring basis.
Among two sanitary sewer basins that cover Elkins Lake Subdivision, NB-06 and NB-07, NB-06 basin is
needing attention on priority basis to control the I/I. NB-06 basin primarily covers 40% of Elkins Lake
residential subdivision (see the attached map). The City Council has funded NB-06 Sewer Basin
Rehabilitation project in FY 2019-2020 Budget. This funding is a continuation in the series of funds made
available since 2017 to improve and extend the service life of sanitary sewer system throughout the
City.
Strand Associates, Inc., Brenham, Texas, has provided a scope and fee proposal, upon the City’s request,
to provide professional engineering services for detail evaluation, design, bidding and construction
support services to rehabilitate and/or replace highly deteriorated sanitary sewer segments and
manholes in NB-06 Sanitary Sewer basin.
The total fee proposed by O’Malley Strand Associates for professional engineering services is $210,000.
Strand Associates is well suited to provide professional engineering services for NB-06 sanitary sewer
basin rehabilitation project. Strand Associates has satisfactorily provided similar service for a previous
project, AJ-12 sanitary sewer basin rehabilitation project (AJ-12 basin primarily covers SHSU Central
Campus Area, east part of the Avenues surrounding areas of Sycamore Ave). Strand Associates’
proposal and engineering agreement that will be used to execute the engineering contract are attached
1/7/2020
Agenda Item: 1b
CITY COUNCIL AGENDA
Agenda Item #1b
to this agenda item.
Upon fully executing the engineering contract and issuing a Notice to Proceed, Strand Associates is
expected to complete the design in approximately six (6) months.
The project will be bid for construction soon after the completion of detail design. Construction cost will
be in $1.5 million range.
Previous Council Action: The City Council approved $1,750,000 in FY 2019-2020 budget for NB-06
sanitary sewer basin sewer system evaluation study, detail design and rehabilitation/replacement of
deteriorated manholes & sewer line segments.
Financial Implications:
☒Item is budgeted: 702-7191-62300 - Current balance is $1,750,000
Approvals: ☐City Attorney ☒Director of Finance ☒City Manager
Associated Information:
• Map of NB-06 Sanitary Sewer Basin
• Scope & fee proposal from Strand Associates
• Engineering Agreement
S
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CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION
8 CREATED DATE: 12/17/2019
NB-06 SANITARY SEWER SUB-BASINREHABILITATION PROJECT
1 in = 1,250 ft
0 1,200 2,400600 Feet
On 8.5 x 11 inch Print
On Any Print Size
Service Layer Credits: The City of Huntsville, TX 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/438/City-Maps
LEGEND
NB-06 Sanitary Sewer Sub-basin: Elkins Lake
NB-06 SANITARY SEWER SUB-BASIN:COVERS APPROXIMATELY 40% OF THEELKINS LAKE RESIDENTAL SUBDIVISION
AGREEMENT BETWEEN CITY AND ENGINEER
FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into by and between CITY OF HUNTSVILLE,
hereinafter called the OWNER, and STRAND ASSOCIATES, INC., BRENHAM, TEXAS,
hereinafter called ENGINEER, WITNESSETH that whereas the OWNER intends to construct
NB-06 SANITARY SEWER SUB-BASIN REHABILITATION PROJECT, PROJECT
NUMBER 20-10-06 hereinafter called the PROJECT. The effective date of this agreement is
_____________________.
NOW, THEREFORE, the OWNER and ENGINEER for the considerations hereinafter set forth,
agree as follows:
SECTION 1- RESPONSIBILITY OF THE ENGINEER
The ENGINEER shall serve as the OWNER's professional representative in the planning, design,
bidding, and construction phases of the PROJECT as outlined in Proposal dated December 10,
2019 from STRAND ASSOCIATES, INC. (the proposal is hereinafter referred to as Exhibit 1),
and shall give consultation and advice to the OWNER during the performance of its services. In
the event of conflict between any provisions in this Agreement and any provisions in Exhibit 1,
the provisions in this Agreement will control.
The ENGINEER shall perform services necessary under this AGREEMENT in a competent
and professional manner with the professional skill and care ordinarily provided by competent
engineers practicing in the same or similar locality and under the same or similar circumstances
and professional license, as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
The OWNER's approval of drawings, design, specifications, reports incidental engineering
services or materials furnished hereunder shall not in any way relieve the ENGINEER of
liability for the technical adequacy of its services nor shall the OWNER's approval or
acceptance of the ENGINEER' s services be construed as a waiver of any rights under this
AGREEMENT.
The ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to the OWNER t o t h e e xt en t caused by the ENGINEER's negligent
performance of any of the services furnished under this AGREEMENT, except for errors,
omissions or other deficiencies to the extent attributable to the OWNER or any third party. The
ENGINEER shall not be responsible for any time delays in the PROJECT caused by
circumstances beyond its control.
SECTION 2- CHARACTER AND EXTENT OF BASIC SERVICES
2.1. General:
The ENGINEER shall serve as the OWNER's professional representative in the planning, design,
bidding and construction phases (including observation of construction) of the PROJECT as
outlined in Exhibit 1, and shall give consultation and advice to the OWNER during the
performance of its services.
Engineering Agreement w/ Strand Associate, Inc.
NB-06 Sanitary Sewer Sub-Basin Rehab Project - #20-10-06
City of Huntsville, TX
Page 2 of 9
The OWNER and ENGINEER acknowledge and anticipate that the timing and development
of any AUTHORIZED SERVICES may depend on the availability of financing and the needs
of the OWNER; therefore, the ENGINEER shall not proceed with any phase of engineering
services without specific written authorization by the OWNER.
2.1.1 Copyright or Patent Infringement: The ENGINEER shall indemnify and hold harmless
OWNER from actions or claims charging infringement of any copyright or patent by reason of the
use or adoption of any designs, drawings or specifications supplied by it, and he shall hold harmless
the OWNER from loss or damage resulting therefrom, providing however, that the OWNER
within five (5) days after receipt of any notice of infringement or of summons in any action therefor
shall have forwarded the same to the ENGINEER in writing.
2.1.2 Insurance: The ENGINEER shall secure and maintain such insurance as will protect it
from claims under the Workmen's Compensation Acts and from claims for bodily injury, death, or
property damage which may arise from the performance of its services under this Agreement and
shall provide a certificate of said insurance to the OWNER to attach to this Agreement. The
ENGINEER shall furnish proof of Professional Liability Coverage for the ENGINEER for this
PROJECT in the amount of One Million Dollars to the OWNER within 15 days after this
Agreement is executed and shall continue to maintain said insurance for this PROJECT.
ENGINEER agrees to maintain both types of insurance during the duration of the PROJECT.
2.2 Planning including sanitary sewer evaluation survey services, Designing, Bidding Support
and Construction Support.
Refer to Exhibit 1.
SECTION 3- ADDITIONAL SERVICES OF ENGINEER
If authorized in writing by the OWNER, the ENGINEER shall provide Additional Services that
are not already a part of Exhibit 1 and these will be paid by the OWNER a fee negotiated between
the OWNER and the ENGINEER. It is agreed that if any of the additional services listed in this
Section 3 are a part of Exhibit 1, then Exhibit 1 controls. Any additional services authorized
(including services in addition to the ones listed below) will be in writing and signed by both Parties
and attached to this Agreement:
3.1 Preparation of applications and supporting documents for governmental grants, loans or
advances in connection with the PROJECT; preparation or review of environmental assessments
and impact statements; and assistance in obtaining approvals of authorities having jurisdiction over
the anticipated environmental impact of the PROJECT.
3.2 Services to perform geotechnical investigations, materials testing, engineering surveys or
topographic surveys for design, to make measured drawings of or to investigate existing conditions
or facilities, or to verify the accuracy of drawings or other information furnished by the OWNER.
3.3 Services resulting from significant changes in general scope of the PROJECT or its design
Engineering Agreement w/ Strand Associate, Inc.
NB-06 Sanitary Sewer Sub-Basin Rehab Project - #20-10-06
City of Huntsville, TX
Page 3 of 9
including, but not limited to, changes in size, complexity, OWNER's schedule, or character of
construction; and revising previously accepted studies, reports, design documents or Contract
Documents when such revisions are due to causes beyond the ENGINEER's control.
3.4 Providing renderings or models for the OWNER's use.
3.5 Preparing documents for alternate bids requested by OWNER for work which is not executed
or documents for out of sequence work.
3.6 Investigations involving detailed consideration of operations, maintenance and overhead
expenses; and the preparation of rate schedules, earnings and expense statements, feasibility
studies, appraisals and valuations; detailed quantity surveys of material, equipment and labor; and
audits or inventories required in connection with construction performed by the OWNER.
3.7 Furnishing the services of special consultants for other than the normal civil, structural,
mechanical and electrical engineering and normal architectural design incidental thereto, such as
consultants for communications, acoustics, and landscaping.
3.8 Services in connection with change orders to reflect changes requested by OWNER if the
resulting change in compensation for Basic Services is not commensurate with the additional
services rendered, and services resulting from significant delays, changes or price increases
occurring as a direct or indirect result of material, equipment or energy shortages.
3.9 Services during out of town travel required of the ENGINEER other than visits to the
PROJECT site or to regulatory agency offices having jurisdiction over the PROJECT.
3.10 Additional or extended services during construction made necessary by (1) work damaged by
fire or other cause during construction, (2) a significant amount of defective or neglected work of
any Contractor, (3) prolongation of the contract time of any prime contract by more than sixty (60)
days, (4) acceleration of the work schedule involving services beyond normal working hours, and
(5) default by any Contractor.
3.11 Construction staking for the PROJECT.
3.12 Land surveys and office computations required to develop plats and metes and bounds
descriptions for easement or property acquisition.
3.13 Preparation of operating and maintenance manuals.
3.14 Services after completion of the Construction Phase, such as inspections during any guarantee
period and reporting observed discrepancies under guarantees called for in any contract for the
PROJECT.
3.15 Preparing to serve or serving as a consultant or witness for OWNER in any litigation, public
hearing or other legal or administrative proceeding involving the PROJECT.
Engineering Agreement w/ Strand Associate, Inc.
NB-06 Sanitary Sewer Sub-Basin Rehab Project - #20-10-06
City of Huntsville, TX
Page 4 of 9
3.16 Additional services in connection with the PROJECT, including services normally furnished
by the OWNER and services not otherwise provided for in this Agreement.
3.17 If requested by the OWNER or recommended by the ENGINEER and agreed to in writing
by the OWNER, a Resident Project Representative and assistants will be furnished and will act as
directed by the ENGINEER in order to provide more extensive representation at the PROJECT
site during the Construction Phase.
3.18 Through more extensive on site observations of the work in progress and field checks of
materials and equipment by the Resident Project Representative (if furnished) and assistants, the
ENGINEER shall endeavor to provide further protection for OWNER against defects and
deficiencies in the work, but the furnishing of such Resident Project Representation will not make
the ENGINEER responsible for construction means, methods, techniques, sequences or
procedures or for safety precautions or programs, or for Contractor(s)' failure to perform the
construction work in accordance with the Contract Documents.
3.19 Reimbursable Services of the ENGINEER:
Reimbursable services shall include the following items when authorized in writing by the
OWNER: transportation and subsistence of principals and employees on special trips to the
PROJECT or to other locations; long distance telephone and telegraph calls as required to expedite
the work of the Contractor; reproduction of drawings and specifications.
SECTION 4- THE OWNER’S RESPONSIBILITIES
4.1. THE OWNER AGREES to provide the ENGINEER with complete information concerning
the requirements of the PROJECT and to perform the following services:
4.2 Access to the Work: The OWNER shall guarantee access to and make all provisions for the
ENGINEER to enter upon public and private lands as required for the ENGINEER to perform
such work as surveys and inspections in the development of the PROJECT.
4.3 Consideration of the ENGINEER's Services: The OWNER, or an agent appointed by
OWNER, shall give thorough considerations to all reports, sketches, estimates, drawings,
specifications, proposals, and other documents presented by the ENGINEER, and shall inform the
ENGINEER of all decisions within a reasonable time so as not to delay the work of the
ENGINEER.
4.4 Legal Requirements: The OWNER shall serve all required public and private notices, receive
and act upon all protests and fulfill requirements necessary in the development of the PROJECT.
4.5 Proposals: The OWNER shall advertise for Proposals from Bidders, open the Proposals at the
appointed time and place and pay all costs incidental thereto.
4.6 Protection of Markers: The OWNER shall protect to the best of its ability, all stakes and other
markers set by the ENGINEER prior to the assumption of such responsibility by the Contractor.
Engineering Agreement w/ Strand Associate, Inc.
NB-06 Sanitary Sewer Sub-Basin Rehab Project - #20-10-06
City of Huntsville, TX
Page 5 of 9
Replacement of markers or stakes which have been damaged, moved or removed shall be paid for
by the OWNER as extra services of the ENGINEER.
4.7 Standards: The OWNER shall furnish the ENGINEER with a copy of any design and
construction standards it shall require the ENGINEER to follow in the preparation of Contract
Documents for the PROJECT.
4.8 OWNER's Representative: The OWNER shall designate in writing, by appendix to this
Agreement, a single person to act as the OWNER's Representative with respect to the services
to be performed under this Agreement. The person designated as OWNER's Representative
shall have complete authority to transmit instructions, receive information, interpret and define
OWNER's policy and decisions, with respect to the materials, equipment, elements and
systems pertinent to the services covered by this Agreement. The OWNER may also appoint,
and will notify the ENGINEER of such appointment, a 3rd party to act as the OWNER’s agent
for consideration of the ENGINEER’s services set forth in paragraph 4.3 above.
SECTION 5 - THE OWNER'S PAYMENTS TO THE ENGINEER:
5.1 Definitions of Construction Cost of the PROJECT, as herein referred to, means the total cost
of all work designed or specified by the ENGINEER but does not include any payments to the
ENGINEER or other consultants.
5.2 Abandoned or Suspended Services: If any services performed by the ENGINEER is
abandoned or suspended in whole or in part, the ENGINEER shall be paid for services performed
on account of it prior to receipt of written notice from the OWNER of such abandonment or
suspension.
5.3 The OWNER will make prompt payments in response to the ENGINEER's detailed
statements for all categories of completed services rendered under this AGREEMENT, or
as provided in an agreed upon schedule which shall be attached to this AGREEMENT.
However, the OWNER, in no circumstance, shall be required to make more than one payment
a month. It is understood and agreed that the OWNER is not liable for payment of any fees
for Basic Services described in this AGREEMENT until funds are available from bond sales
or other lawful source of funds. Non-payment within 60 days of receipt of invoice may, at
ENGINEER option, result in the suspension of services upon 5 days notice to OWNER.
ENGINEER will resume services upon payment in full of all outstanding undisputed invoices
with no liability for such a suspension to OWNER.
5.4.Payments for Additional Services of the ENGINEER: The ENGINEER shall be reimbursed
according to Attachment Schedule of Charges for the additional services outlined under Section
3. Payments to the ENGINEER for additional services stipulated in Section 3 will be made
monthly by the OWNER, upon presentation of monthly detailed statements by the
ENGINEER
SECTION 6 - THE OWNER AND ENGINEER FURTHER AGREE to the following conditions:
Engineering Agreement w/ Strand Associate, Inc.
NB-06 Sanitary Sewer Sub-Basin Rehab Project - #20-10-06
City of Huntsville, TX
Page 6 of 9
6.1 Termination: This Agreement may be terminated by either party by fourteen (14) days written
notice in the event of substantial failure to perform in accordance with the terms hereof by the one
party through no fault of the party. If terminated due to the fault of others than the ENGINEER,
the ENGINEER shall be paid for services performed to the date of termination, including
reimbursements then due. As soon as practicable after receipt of notice of termination, the
ENGINEER shall submit a statement, showing in detail the services performed under this
AGREEMENT, to the date of termination. The OWNER shall then pay the ENGINEER
promptly that proportion of the prescribed charges which the services actually performed
under this AGREEMENT bear to total services called for under this AGREEMENT , less
such payments on account of the charges as have been previously made. Copies of all
completed or partially completed designs, plans and specifications prepared under this
AGREEMENT shall be delivered to the OWNER when and if the AGREEMENT is
terminated, but subject to the restrictions, as to their use, as set forth in Section 6..3. The Parties
agree that neither shall be liable for any consequential damages, including but not limited to
loss profits, lost revenue, loss of use or opportunity, loss of goodwill, special damages, indirect,
punitive or exemplary damages, or future loss profits if this Agreement is terminated for cause
or without cause.
6.2 Disputes: Should a dispute arise during the course of this PROJECT, both parties hereby agree
to attempt in good faith to resolve the dispute through mediation prior to seeking relief from any
court or through any other legal proceeding.
6.3 Ownership of Documents: Upon execution of this Agreement, the ENGINEER grants to the
OWNER a nonexclusive license to reproduce the ENGINEER’s completed tracings and master
specifications sheets solely for purposes of constructing, using, maintaining, renovating and/or
adding onto the PROJECT, provided that the OWNER shall comply with all obligations under this
Agreement. The ENGINEER shall obtain similar nonexclusive licenses from the ENGINEER’s
consultants consistent with this Agreement. Upon termination the foregoing license shall be
deemed terminated and replaced by a second, nonexclusive license permitting the OWNER to
authorize other similarly credentialed design professionals to reproduce and, where permitted by
law, to make changes, corrections or additions to the Instruments of Service solely for purposes of
completing, using and maintaining the PROJECT. Any re-use of the Instruments of service for
purposes other than related to this Agreement, by OWNER or those authorized by OWNER, shall
be at their sole risk and without liability to ENGINEER. Any modification of the Instruments of
Service will be evidenced on the plans and be signed and sealed by a licensed professional prior to
re-use of modified plans.
6.4 Except for the licenses granted in Subparagraph 6.3 above, no other license or right shall be
deemed granted or implied under this Agreement. The OWNER shall not assign, delegate,
sublicense, pledge or otherwise transfer any license granted herein to another party without the
prior written agreement of the ENGINEER.
6.5.Successors and Assigns: This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the OWNER and the ENGINEER respectively and its partners,
successors, assigns and legal representatives. Neither the OWNER nor the ENGINEER shall have
the right to assign, transfer or sublet its interest or obligations hereunder without written consent
Engineering Agreement w/ Strand Associate, Inc.
NB-06 Sanitary Sewer Sub-Basin Rehab Project - #20-10-06
City of Huntsville, TX
Page 7 of 9
of the other party. This Agreement and attachments supersedes any previous contracts or oral
agreements between the parties and constitutes the entire agreement between the parties.
6.6 Severability. Provisions of this AGREEMENT are severable and if any provision or
part of this AGREEMENT or the application thereof to any person or circumstance should
ever be held in any court of competent jurisdiction to be invalid or unconstitutional for
any reason, the remainder of the AGREEMENT and the application of such provisions or part
of this AGREEMENT to other persons or circumstances shall not be effected thereby.
6.7. Jurisdiction and Venue. The laws of the State of Texas apply to this Agreement. Venue
of any civil action will be in the County where the PROJECT is located.
6.8 Indemnity. The OWNER, to the fullest extent permitted by law, will require any
Contractor or Subcontractor performing work in connection with Drawings and
Specifications produced under this Agreement to hold harmless, indemnify and defend,
the OWNER and the ENGINEER, their consultants and each of their officers, agents
and employees from liability claims, losses or damage arising out of or alleged to arise
from the Contractor' s (or Subcontractor's) negligence in the performance of the work
described in the Construction Contract Documents, but not including liability that may
be due to the sole negligence of the OWNER, the ENGINEER, their consultants or their
officers, agents, and employees.
6.9 Written Notice.
Where written notice is mention in the AGREEMENT, it shall be sent by certified mail return
receipt requested, or by personal delivery, or by facsimile, to the attention of and to the
following addresses:
OWNER
Y. S. Ramachandra, P.E.
City Engineer
City of Huntsville
448 State Highway 75 North
Huntsville, TX 77320
ENGINEER
William J. Huebner, P.E.
Project Manager
Strand Associates, Inc.
1906 Niebuhr St
Brenham, TX 78944
6.10 Staffing. ENGINEER acknowledges that continuity of staffing is important to the OWNER
for the duration of the PROJECT. Accordingly, ENGINEER agrees to assign and the following
key staff to the PROJECT. No substitution will be made to the assigned key staff without the
written consent of the OWNER, provided the identified staff members remain employed by the
ENGINEER:
PROJECT ROLE: Craig Kankel, P.E., Senior Project Manager
PROJECT ROLE: William Huebner, P.E., Project Manager
PROJECT ROLE: Cole Christian, E.I.T., Graduate Engineer
Engineering Agreement w/ Strand Associate, Inc.
NB-06 Sanitary Sewer Sub-Basin Rehab Project - #20-10-06
City of Huntsville, TX
Page 8 of 9
6.11 Design Delays. OWNER and ENGINEER agree that time is of the essence in
ENGINEER’s work related to the PROJECT, it being acknowledged that ENGINEER shall
be provided reasonable time to employ safe and sound engineering practices and the services
shall be performed expeditiously as is prudent considering the ordinary professional skill and
care of a competent engineer. Accordingly, ENGINEER shall have deducted from any
amounts owed a sum of $0 per calendar day beyond completion dates for the respective design
phases of various PROJECT elements established in the agreed upon schedule attached to this
AGREEMENT, as may be amended in writing between both parties.
6.12 Counterparts. This Agreement may be executed in any number of counterparts, each of
which when so executed and delivered shall be deemed an original, with such counterparts
together constituting one and the same instrument. Alternatively, the Parties acknowledge and
agree that this Agreement may be, for convenience, executed in duplicate originals, each of
which is intended to be and is as valid as its counterpart original.
6.13 Statutory Terms Applicable to State Political Subdivisions. As required by Chapter 2270,
Government Code, ENGINEER hereby verifies that it does not boycott Israel and will not
boycott Israel through the term of this Agreement. For purposes of this verification, “boycott
Israel” means refusing to deal with, terminating business activities with, or otherwise taking
any action that is intended to penalize, inflict economic harm on, or limit commercial relations
specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-
controlled territory, but does not include an action made for ordinary business purposes.
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement on the day
and year first above written:
OWNER: ENGINEER:
CITY OF HUNTSVILLE Strand Associates, Inc.
_____________________________ _________________________________
Aron Kulhavy - City Manager Matthew S. Richards – Corporate Secretary
ATTEST: ATTEST:
______________________________ _________________________________
Brenda Poe – City Secretary Joe Bunker – Secretary
Engineering Agreement w/ Strand Associate, Inc.
NB-06 Sanitary Sewer Sub-Basin Rehab Project - #20-10-06
City of Huntsville, TX
Page 9 of 9
APPROVED AS TO FORM:
__________________________
Leonard Schneider, City Attorney
Agenda Item #1c
Item/Subject: Consider the approval of supply contracts for chemicals used in water and wastewater
treatment throughout the City with a term of one (1) year plus one (1) year renewal.
Initiating Department/Presenter: Public Works
Presenter: Brent Sherrod, P.E., Director of Public Works
Recommended Motion: Move to approve supply contracts to DXI Industries Inc. and Polydyne for
chlorine, sulfur dioxide and polymer used in water and wastewater treatment throughout the City with
a term of one (1) year plus one (1) year renewal.
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: The City of Huntsville uses water and wastewater treatment chemicals to keep the water
wells and ground water system safe in accordance with the Texas Commission on Environmental Quality
(TCEQ). The chemicals included in this bid award recommendation are chlorine, sulfur dioxide and
polymer. A bid tabulation has been provided for City Council review for these chemicals, with
highlighted cells denoting vendor and unit prices proposed for award; expiring (prior) contract pricing
is also included in the tabulation.
Previous Council Action: Previous chemical supply contract was awarded in November 2017, at the
pricing reflected in the pertinent column of the attached bid tabulation.
Financial Implications:
☒Item is budgeted: Various PW division budgets In the amount of $ _180,000 (amount in
the budget account)
Approvals: ☐City Attorney ☒Director of Finance ☒City Manager
Associated Information:
• Bid Tabulation for City Bid No. 20-01, Water and Wastewater Chemicals, opened 11/19/19.
1/7/20
Agenda Item: 1c
CITY COUNCIL AGENDA
Bid No. 20-01
Water and Wastewater Chemicals
Bid Tabulation
Firm Name
Estimated Annual
Usage HASA, Inc.Univar Solutions
Sterling Water
Technologies
Shannon Chemical
Corporation Polydyne Carus Corporation DXI Industries, Inc.Napco Chemical
Prior Contract Award -
Unit Price
Chlorine in gas form
per One ton cylinder 56 cylinder No bid No bid No bid No bid No bid No bid
Unit $692.00
Annual Est: $38,752 No bid $674.00
Chlorine in gas form
per One 150 lb cylinder 100 cylinder No bid No bid No bid No bid No bid No bid
Unit $108.00
Annual Est: $10,800 No bid $103.00
Sulfer Dioxide in gas
form One ton cylinder 34 ton No bid No bid No bid No bid No bid No bid
Unit $929.00
Annual Est: $31,586 No bid $894.00
Polyacrylamide based
Flocculant Price per
55 gallon drum 45 drum No bid No bid Unit $763.7053 No bid
Unit $576.00
Annual Est: $25,920 No bid No bid No bid $426.15
Agenda Item #1d
Item/Subject: Consider authorizing the City Manager to execute Change Order No. 4 for Sanitary Sewer Line
Replacement (IH-45 to Water’s Edge Lift Station) Project - Project #16-10-05 and adopt Ordinance 2020-12 for
the associated budget amendment.
Initiating Department/Presenter: Engineering
Presenter: Y.S. “Ram” Ramachandra, City Engineer
Recommended Motion: Move to authorize the City Manager to execute Change Order No. 4 in the amount of
$47,365.38 with Horseshoe Construction, Inc., for the construction of the Sanitary Sewer Line Replacement (IH-
45 to the Water’s Edge Lift Station) Project, Project #16-10-05, and adopt Ordinance 2020-12 for the associated
budget amendment.
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: The subject project consists of replacing approximately 2,300 linear feet of existing 10” sanitary
sewer line with a new 15” sanitary sewer line to meet the increased wastewater flow and for accommodating
future growth. The project has been under construction since late 2018. Owing to differing soil conditions and
presence of excessive ground water, the project progressed at a slower pace than originally intended. However,
well in excess of 2,100 linear feet (approx. 90%) of the project is now complete.
Remaining project segment (approx. 160 linear feet) requires deviation from the original sewer line alignment
and in the method of installation. Project specifications called for replacement of existing 10” sewer line with
15” sewer line by pipe bursting method. Pipe bursting method consists of pulling in new pipe in the same
location/alignment as the existing pipe with the aid of a mechanical head that bursts the existing pipe in its place
making way for pushing the new pipe forward. Excavation and open trench along the sewer line segment are
not necessary, except for pits at the either ends, in pipe bursting method. Due to highly sandy soil conditions
combined with high groundwater saturation, installation of new 15” pipe by pipe bursting method has failed in
much of the project segment.
Since installation by pipe bursting method has failed, installation by open trench excavation (depth varies from
10 to 15 feet deep) for rest of the project segment (again, approximately 150 linear feet) has become a necessity.
Part of the existing segment is within 6 feet of a residential structure (at 404 Broadmoor Dr). To avoid deep
excavation in close proximity to the residential structure, new sewer line will be installed in a revised alignment.
Necessary additional utility easements have been procured to achieve installation in the revised alignment by
open trench method
Additional cost to install sewer line by open trench method in a revised alignment, which also requires two
additional manholes, trench dewatering, construction traffic control with appropriate signage / flaggers (during
Broadmoor Dr street cut) and cement stabilized backfill is $47,365.38. Original contract amount was $777,505.
Previous 3 change orders revised the contract amount to $837,929 (CO #1 = $40,091.50; CO #2 = $10,630.50;
and CO #3 = $ 9,702). With the approval of CO #4, the contract amount will revise to $885,294.38
1/7/2020
Agenda Item: 1d
CITY COUNCIL AGENDA
Agenda Item #1d
Previous Council Action: Initial Council funding in the amount of $600,000 was in the FY 2015-2016 budget. The
Council awarded the engineering contract to McClure & Browne in the amount of $53,000 in Dec. 15, 2015
Council meeting. City Council, in its May 16, 2017 meeting, rejected all bids received in Apr 2017. Upon rebidding
the City Council awarded the construction contract to Horseshoe Const in August 21, 2018 meeting.
Financial Implications:
☒Item is budgeted: 702-7175-62300 - $821,287 original budget with a current balance of $2,741
The Budget Amendment in Exhibit A request an additional $48,000 for the project to cover the cost of Change
Order No. 4.
Approvals: ☐City Attorney ☒Director of Finance ☒City Manager
Associated Information:
• Location Map
• Ordinance 2020-12 for Budget Amendment
• Exhibit A to Budget Amendment
• Change Order No. 4 Price Quote from Horseshoe Const.
200400400
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500200
2200
SH19SH 19
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WATERS EDGE
W O O D M O N T D R
EL KINS DR
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ROLLING HILLS DRRIVER O AKS DRGREEN HI
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VETERANS MEMORIAL PKWY
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION
8 CREATED DATE: 12/20/2019
ELKINS LAKE SEWER PROJECT, CO# 4
1 in = 400 ft
0 400 800200 Feet
On 8.5 x 11 inch Print
On Any Print Size
Service Layer Credits: The City of Huntsville, TX 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/438/City-Maps
LEGEND
ELKINS LAKE SEWER PROJECT LOCATION
ELKINS LAKE SEWER PROJECTCHANGE ORDER # 4 SEGMENT
ORDINANCE NO. 2020-12
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE 2019-2020 ANNUAL
BUDGET AND CAPITAL IMPROVEMENTS PROJECTS (CIP) BUDGETS, ORDINANCE NO. 2017-47
TO AMEND ADOPTED EXPENDITURES OF THE BUDGET; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the 2019-2020 Annual Budget and CIP Budgets were adopted by Ordinance 2019-52 on September
17, 2019;
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 2019-2020 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 2019-2020 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 2019-2020 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 7th day of January 2020.
THE CITY OF HUNTSVILLE, TEXAS
__________________________________
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________________
Brenda Poe, City Secretary Leonard Schneider, City Attorney
Agenda Item #1d
Exhibit A – Ordinance 2020-12
Budget Amendments FY 19-20
January 7, 2020
Increase:
Decrease:
Wastewater CIP - 10" Sewer (Southwood to Brookhollow)
Wastewater CIP Unallocated Budget
$ 48,000
$ 48,000
Explanation:
$48,000 is being requested to supplement the project budget
account to cover the cost of proposed Change Order No. 4, to
complete the installation of remainder of the project segment
(approximately 150 linear feet) in a revised alignment and
complete the project construction.
There is a $300,968 balance in the Wastewater CIP Unallocated
Budget and after this budget amendment (if approved) the
balance will be $251,968.
HORSESHOE CONSTRUCTION INC
CONTACT: TAYLOR JONES
PHONE:281478-5477
DATE: 12/20/19
Existing Pay
Items
Comments or special instructions: MANHOLE 12 TO 13
Description QTY LF UNIT PRICE AMOUNT
traffic control ( Broadmoor dr ) 1 LS 5,000.00$ 5,000.00$
15" open cut including trench safety, neseccary dewatering and
backfill 150 LF 233.00$ 34,950.00$
cement stabilized backfill 40 CY 50.00$ 2,000.00$
haul off and disposal of materials 40 CY 17.50$ 700.00$
remove and replace asphalt pavement 33 SY 84.00$ 2,772.00$
remove and replace bushes 1 LS 1,500.00$ 1,500.00$
removal of tree ( if needed) 2 EA 2,100.00$ 4,200.00$
fence wood repair 110 LF 20.00$ 2,200.00$
sod lawn 4500 SF 0.75$ 3,375.00$
abandonment existing line 150 LF 8.50$ 1,275.00$
remove and replace concrete curb and gutter 20 LF 36.00$ 720.00$
IH 45 Frontage Rd TxDot permit related construction cost 1 LS 9,987.38$ 9,987.38$
4" Single Service Connection 4 EA (550.00)$ (2,200.00)$
15" Horizontal Wet Bore 88 LF (178.00)$ (15,664.00)$
Directional Bore 30 LF (115.00)$ (3,450.00)$
TOTAL 47,365.38$
THANK YOU FOR YOUR BUSINESS!
Agenda Item #2a
Item/Subject: Consider the Conditional Use Permit Application for a “Purpose-Built Shared Housing,
Detached” project to be developed on property located in the 1300 Block of Windsor Street.
Initiating Department/Presenter: Development Services
Presenter: Planning Division Staff
Recommended Motion: Move to approve Conditional Use Permit Application # 02-2019, allowing a
“Purpose-Built Shared Housing, Detached” project to be developed on property located in the 1300
Block of Windsor Street as recommended by the Planning Commission.
Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse
economy.
Discussion: The applicant, Darrel Grein, is proposing to develop a “Purpose-Built Shared Housing,
Detached” development on a tract of land, 1.56 acres in size, located in the 1300 Block of Windsor
Street on the northeast side of the street. The property also has frontage on the west side of Lake
Road. A Conditional Use Permit is required for the proposed development per Subcategory Residential
Use, Specific use Purpose-Built Shared Housing of Table 4-1: Use Table in Article 4: Use Regulations of
the current City of Huntsville Development Code. The subject property is located in the Management
(M) District.
“Purpose-Built Shared Housing, Detached” is defined in Article 15 of the Development Code as:
“One or more detached dwelling units on an individual lot, rented by the bedroom, for which an
approved building permit was issued after 04/16/2019, each detached dwelling unit having three (3)
or more bedrooms and which is occupied or intended to be occupied by more than two (2) unrelated
persons.”
Purpose-Built Shared Housing, Detached Developments are one of the uses which require a CUP if the
applicant wishes to deviate from the requirements of the Purpose-Built Shared Housing Design Criteria.
The applicant had requested a reduced parking requirement for the development. The parking
requirement for “Purpose-Built Shared Housing, Detached” is 1.5 spaces per bedroom. The applicant
is requesting a parking rate of 1.1 spaces per bedroom. Per Section 4.403.00 of the Purpose-Built
Shared Housing Design Criteria, a 10% reduction in required parking may be permitted for
developments that exceed minimum landscaping requirements, provided that at least one additional
3-inch caliper tree is provided for every parking space eliminated. At the required rate of 1.5 parking
spaces per bedroom, this development would be required to construct 78 parking spaces. A 10%
reduction would require 70 parking spaces, resulting in a difference of 8 parking spaces. As shown on
the site plan, the applicant has agreed to plant 8 additional 3-inch caliper trees and to install bicycle
racks for no fewer than 16 bicycles.
1/7/20
Agenda Item: 2a
CITY COUNCIL AGENDA
Agenda Item #2a
The subject property includes approximately 125 linear feet of frontage along Windsor St and
approximately 120 linear feet of frontage on Lake Rd. The current uses of the properties adjacent to
the south, east, and west of the proposed development are commercial office uses. The property to the
north of the proposed development is a multifamily residential development, classified by the Walker
County Appraisal District as “Student Housing.” The properties surrounding the proposed development
are all located in the Management Development District.
The purpose of a Conditional Use Permit is to allow the establishment of uses which may be suitable
only in certain locations in a development district or only when subject to standards and conditions
that assure compatibility with adjoining uses. Conditional uses are those uses which are generally
compatible with the permitted land uses in a given zoning district, but which require individual review
of their proposed location, design and configuration, and the imposition of conditions in order to
ensure the appropriateness of the use at a particular location within a given Development District.
Conditions that may be imposed on a project must be related to the development and any potential
impacts it may have on the surrounding area. Examples of such conditions may be the construction of
a fence along a property line, buffering of a parking lot from adjoining properties, limitations on the
number of driveways, or other similar requirements to mitigate potential negative impacts on
surrounding properties.
Upon staff review of the CUP application, staff prepared development conditions for the proposed
Purpose-Built Shared Housing Development. The Applicant has agreed to develop the property in
accordance with these conditions, should the Conditional Use Permit be approved by City Council.
A Public Hearing and consideration of this case was on the agenda for the November 21, 2019 Planning
Commission Meeting. The project engineer, Jeff Robertson, spoke in support of the CUP Application.
There were no speakers in opposition of the application. After closing the hearing, the Commission
voted unanimously to recommend approval of the CUP with the staff recommended conditions for the
proposed development. The conditions recommended are included in the attached draft letter of
conditional approval. The approved meeting minutes are attached.
After a public hearing, the Council may approve the request as submitted, approve the request with
conditions as recommended by the Planning Commission, deny the request, or remand the request to
the Planning Commission for further review.
Previous Council Action: The Council has taken no previous 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:
• Planning Commission Discussion Form & Packet
• Excerpt from November 21, 2019 Planning Commission Meeting Minutes
• Site Plan
• Vicinity Map
• Draft of the Letter of Conditional Approval
CUP 02-2019
Planning Commission Meeting- November 21, 2019
PLANNING COMMISSION
AGENDA ITEM DISCUSSION FORM
Prepared by: Leigha Larkins, Planner
Janet Ridley, City Planner
MEETING DATE: November 21, 2019
SUBJECT: Proposed Development of Purpose-Built Shared Housing, Detached
TYPE OF REVIEW: Conditional Use Permit
Applicant: Uncle Darrell’s Place - Darrell Grein, Owner
LOCATION: NW Corner of Windsor St. and Lake Rd. Intersection
FACTS, CODE REQUIREMENTS AND CONDITIONS
The applicant, Darrel Grein, is proposing to develop a “Purpose-Built Shared Housing, Detached” development on a tract of land, 1.56 acres in size, located in
the 1300 Block of Windsor Street on the northeast side of the street. The property also has frontage on the west side of Lake Road. A Conditional Use Permit is
required for the proposed development per Subcategory Residential Use,
Specific use Purpose-Built Shared Housing of Table 4-1: Use Table in Article 4: Use Regulations of the current City of Huntsville Development Code.
The subject property is located in the Management (M) District.
“Purpose-Built Shared Housing, Detached” is defined in Article 15 of the
Development Code as:
“One or more detached dwelling units on an individual lot, rented by the
bedroom, for which an approved building permit was issued after 04/16/2019, each detached dwelling unit having three (3) or more bedrooms
and which is occupied or intended to be occupied by more than two (2) unrelated persons.”
Purpose-Built Shared Housing, Detached Developments are one of the uses
which require a CUP if the applicant wishes to deviate from the requirements of
the Purpose-Built Shared Housing Design Criteria.
The applicant had requested a reduced parking requirement for the development. The parking requirement for “Purpose-Built Shared Housing, Detached” is 1.5
spaces per bedroom. The applicant is requesting a parking rate of 1.1 spaces per
bedroom. Per Section 4.403.00 of the Purpose-Built Shared Housing Design
Criteria, a 10% reduction in required parking may be permitted for developments
that exceed minimum landscaping requirements, provided that at least one
additional 3-inch caliper tree is provided for every parking space eliminated. At
the required rate of 1.5 parking spaces per bedroom, this development would be required to construct 78 parking spaces. A 10% reduction would require 70
parking spaces, resulting in a difference of 8 parking spaces. As shown on the site plan, the applicant has agreed to plant 8 additional 3-inch caliper trees and to
install bicycle racks for no fewer than 16 bicycles.
The subject property includes approximately 125 linear feet of frontage along Windsor St and approximately 120 linear feet of frontage on Lake Rd. The
current uses of the properties adjacent to the south, east, and west of the proposed development are commercial office uses. The property to the north
of the proposed development is a multifamily residential development,
classified by the Walker County Appraisal District as “Student Housing.” The
properties surrounding the proposed development are all located in the
Management Development District.
The Comprehensive Plan states that the City should create and implement
effective controls for managing incompatible land uses based upon their
character, intensities and impacts on adjacent nearby uses. The majority of
the land in the vicinity of the subject property is currently developed with multifamily residential and commercial uses. 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 lighting, maintenance, and parking
concerns, etc.
Adequate existing street access and water and sanitary sewer service is available for the proposed development. A preliminary site development
plan has been submitted in the developer’s presentation package indicating
that mitigation of increased post-development storm water run-off we be addressed. The City Engineer will review and approve the drainage
plan prior to construction.
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 the
request 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 the proposed conditional use application to the
Planning Commission for further consideration. The conditional use
permit application may be approved by simple majority.
3
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:
•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 Comprehensive Plan recommends the development of a variety of housing
types within the City. The proposed use of a Purpose-Built Shared Housing
Development is a compatible use for the area and there is adequate infrastructure
to serve the development. Staff does not believe that the proposed use will 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. The additional conditions of approval included in the draft
Letter of Conditional Approval would provide sufficient buffering if required for
approval of the Conditional Use Permit. Due to this and the fact that the proposed
use meets all four criteria as outlined in Section 12.808 the Development Code,
staff recommends approval of the Conditional Use Permit.
ATTACHMENTS
Application
Vicinity map by staff
Site Plan (Supplied by Applicant )
DRAFT Letter of Conditional Approval
Page 1 of 2
Approved 12-05-2019
MINUTES OF THE MEETING OF THE PLANNING COMMISSION HELD IN THE COUNCIL
CHAMBERS, AT CITY HALL, 1212 AVENUE M, HUNTSVILLE, TEXAS ON THE 21ST DAY OF
NOVEMBER 2019 AT 5:30 PM.
Members present: Woods; Hooten; Whitehead; Thompson; Carpenter
Members absent: Nichols; Jenkins
City staff present: Ridley; Larkins; Byal
1. CALL TO ORDER
The meeting was called to order by Chairman Woods. [5:30 PM]
2. PLEDGE OF ALLEGIANCE
a. U.S. Flag
b. Texas Flag
3. INVOCATION
Chairman Woods led the invocation.
4. ELECTION:
a. Chairman
b. Vice-Chairman
S.O. “Woody” Woods, Jr. and Al Hooten were unanimously approved by acclamation to serve as
Chairman and Vice-Chairman, respectively, of the Commission.
5. PUBLIC HEARING to take testimony concerning the application for a Conditional Use Permit for a
Purpose-Built Shared Housing Development to be located in the 1300 Block of Windsor Street.
Chairman Woods opened the Public Hearing.
Staff Planner, Leigha Larkins, gave the staff report for the project per the discussion form, noting that
this is the first Conditional Use Permit application for a Purpose-Built Shared Housing project since the
adoption of the regulations in April 2019.
Darrell Grein, Applicant and Property Owner, presented his case for the approval of the Conditional
Use Permit for the project and answered Commission questions regarding the project. The main topic of
conversation was regarding the reduction in the number of required parking spaces, (78 spaces required at
1.5 spaces per bedroom). The Development Code allows for a 10% reduction in the required parking
provided that at least one 3-inch caliper tree is provided for each parking space eliminated. The site plan
for the project indicates that 8 additional trees are to be planted and also the installation of bicycle racks for
no fewer than 16 bicycles.
Speakers in Support of the Conditional Use Application.
Jeff Robertson, P.E., Project Engineer, voiced his support for the project.
Speakers in Opposition of the Conditional Use Application.
There were none.
Staff noted that two (2) phone calls have been received from citizens asking for clarification of
Purpose-Built Shared Housing. One caller did not have any opposition. One caller is concerned
about traffic impact on the intersection of Windsor Street/ Lake Road intersection.
Chairman Woods closed the Public Hearing.
6. CONSIDER the application for a Conditional Use Permit for a Purpose-Built Shared Housing
development to the located in the 1300 Block of Windsor Street.
Commissioner Hooten moved to recommend approval of the Conditional Use Permit and to allow
the reduction in the number parking spaces. Second was by Commissioner Whitehead. The vote
was unanimous.
Planning Commission Minutes
November 21, 2019
Page 2 of 2
Approved 12-05-2019
7. CONSIDER the application for a Modification and Waiver of Subdivision Standards for the Heritage
Trails subdivision located in the City Limits of Huntsville.
City Planner, Janet Ridley, gave the staff report per the discussion form, giving a brief history of the
proposed subdivision for the newer members of the Commission. It was noted that previously the
Commission had granted a waiver for a 15’ reduced side street setback for a larger scale subdivision. The
Commission voted 3 in support and 3 in opposition for the same reduced side street setback when the
subdivision when resubmitted for a smaller scale development. The waiver was not granted as a result of
the tied vote. The current submitted application is for a reduced side street setback of 10’ in lieu of the
required 25’ setback. The applicant is proposing that there will not be any driveways permitted from the
side streets, no parking will not be permitted, and unobstructed visibility easements will be dedicated at
street intersections to ensure that sightlines will remain unobstructed at intersections. Staff recommends
that should the Commission find that it is reasonable and appropriate to grant the requested waiver that the
reduced setback be not less than 15’.
Developer representative, Melony Gay, P.E. and Project Engineer, presented the case for the waiver. It
was noted that the requested side street setback waiver has been changed by the developer from 10’ to 15’.
It was noted that the subdivision is proposed to be 201 lots for single family residences. If the waiver is not
granted, 13 lots will be lost resulting in considerable lost of future revenue for the City.
Commissioner Thompson moved to grant the waiver to allow a minimum side street setback of 15’ for the
subdivision. Second was by Commissioner Carpenter. The vote was unanimous.
8. DISCUSS AND REVIEW draft language for proposed Development Code revisions.
City Planner, Janet Ridley, presented the proposed draft language for each of the proposed Development
Code revisions per the discussion form. After discussion of each item, the Commission unanimously
agreed with each of the proposed Code revisions. The Commission did request that the draft language for
Section 8.503.B pertaining to signs in the Downtown Development District have language added to
specifically refer to the State Historic Commission documents to be used in review of signs. It was also
requested that the draft language for Section 12.904 pertaining to Application Filing for variances state that
the required Pre-Application meeting be with the City Planner.
9. CONSIDER the minutes of the October 3, 2019 meeting.
Commissioner Hooten moved to approve the minutes of the October 3, 2019 meeting. Second was by
Commissioner Whitehead. The vote was unanimous.
10. PUBLIC COMMENTS
There were none.
11. ITEMS OF COMMUNITY INTEREST
Downtown Christmas Fair is December 7th.
Lions Club Christmas Parade is December 7th.
State of the City event will be December 9th at the Walker County Storm Shelter.
Newly appointed Commissioner Rhonda Carpenter was recognized and welcomed.
12. ADJOURNMENT
Chairman Woods adjourned the meeting. [ 6:58 PM]
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
November 12, 2019
Mr. Darrell Grein
13102 Blossomheath Rd.
Cypress, Texas 77429
Re: CUP Application for Windsor St. and Lake Rd. Development
Dear Mr. Grein,
The City of Huntsville City Council approved your Conditional Use Permit on XXXX 00th, 2019,
subject to the following conditions:
1. Expansion of the multifamily development, including the interior addition of dwelling units
within the boundary approved by this permit, shall be prohibited.
2. All public/private utility, electric, gas, cable television and telephone lines shall be installed
underground.
3. A sidewalk shall be provided along the Windsor Street frontage of the property.
5. At least 20% percent of the total lot area must be devoted to landscape development. A
minimum of 10% of the required landscaping shall be located adjacent to the public Right
of Way located on the property’s Windsor Street frontage.
6. Landscaping shall be required for the entire setback area between all required perimeter
fencing and property lines abutting public ROW(s), except for the area required for
accessways to the development.
7. Walls and/or fences located in the front setback of the property or in front of the structures
closest to the ROW may not exceed 36 inches in height.
8. Any perimeter fencing on the Windsor Street frontage shall incorporate tree planting
between the fencing and the public ROW, in the following manner:
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 fencing; a bio-barrier
shall be installed when tree is planted adjacent to a wall or sidewalk/walkway.
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 housing development and adjoining ROWs.
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.
9. In addition to the minimum landscaping requirements, the bald cypress trees depicted on
the approved site plan are required to be installed and maintained by the property owner.
Comparable native tree species may be substituted if necessary.
10. 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.
11. A parking rate of 1.5 spaces per bedroom is required for Purpose-Built Shared Housing -
Detached. A 10% reduction in parking may be permitted per section 4.403.C.2.b of the
Purpose-Built Shared Housing Design Criteria.
12. Class II bicycle racks accommodating at least 16 bicycles with direct access to residential
buildings and entries are required and must be shown on the site plan.
12. No boats, campers, travel trailers, recreational vehicles or unregistered and unlicensed
motor vehicles shall be parked or stored at any place within the development except in
areas designated and approved for such storage as part of the site development plan
approval.
14. No part of the front setback of the development may be paved or otherwise covered in
impervious material, except for the area required for vehicle access.
15. Parking in the front setback shall be prohibited.
16. An approved photometric plan is required.
17. Signage for development required. One freestanding monument sign identifying the
name and address of the development is required to be placed in an area visible from
Windsor Street for ease of identification by Emergency Responders. Sign area and height
shall be limited to a maximum of fifty (50) square feet in area and ten (10) feet in height.
18. This document and the accompanying approved site plan constitute Conditional Use Permit
02-2019.
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.
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,
Leigha D. Larkins
Planner
Agenda Item #2b
Item/Subject: Consider the Conditional Use Permit Application for a “Purpose-Built Shared Housing,
Attached” project to be developed on property located in the 3600 Block of Boettcher Drive.
Initiating Department/Presenter: Development Services
Presenter: Planning Division Staff
Recommended Motion: Move to approve Conditional Use Permit Application #03-2019, allowing a
“Purpose-Built Shared Housing, Attached” project to be developed on property located in the 3600
Block of Boettcher Drive as recommended by the Planning Commission.
Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse
economy.
Discussion: The applicant, Charles Vincent LLC, is proposing to develop a “Purpose-Built Shared
Housing, Attached” development on a tract of land, approximately 4.52 acres in size, located in the
3600 Block of Boettcher Drive on the west side of the street. The proposed development will include
14 new units, with a total of 48 bedrooms. 53 parking spaces are required for this development. 54
parking spaces will be constructed to serve Phase II.
The property on which the proposed development is located is currently in the process of a replat.
Once the replat is complete, the property will be 5.224 acres in size. The developer intends to develop
multifamily housing in three phases on the property. The first phase was completed before the
regulations for Purpose-Built Shared Housing were adopted by City Council. This Conditional Use
Permit would allow for construction of the second phase. Permitting for the third phase is intended to
begin after the property is replatted.
A Conditional Use Permit is required for the proposed development per Subcategory Residential Use,
Specific use Purpose-Built Shared Housing of Table 4-1: Use Table in Article 4: Use Regulations of the
current City of Huntsville Development Code. The subject property is located in the Management (M)
District. Purpose-Built Shared Housing, Attached Developments are one of the uses which require a
CUP if developed anywhere in the City.
“Purpose-Built Shared Housing, Attached” is defined in Article 15 of the Development Code as:
“Two or more attached dwelling units on an individual lot, rented by the bedroom through individual
leases, for which an approved building permit was issued after 04/16/2019, which is occupied or
intended to be occupied by more than two (2) unrelated persons.”
The subject property includes approximately 300 linear feet of frontage along Boettcher Drive. The
properties adjacent to the north of the proposed development are single-family residences in the
Neighborhood Conservation District. The properties to the south, west, and east of the subject
property are designated “Management.”
1/7/19
Agenda Item: 2b
CITY COUNCIL AGENDA
Agenda Item #2b
The purpose of a Conditional Use Permit is to allow the establishment of uses which may be suitable
only in certain locations in a development district or only when subject to standards and conditions
that assure compatibility with adjoining uses. Conditional uses are those uses which are generally
compatible with the permitted land uses in a given zoning district, but which require individual review
of their proposed location, design and configuration, and the imposition of conditions in order to
ensure the appropriateness of the use at a particular location within a given Development District.
Conditions that may be imposed on a project must be related to the development and any potential
impacts it may have on the surrounding area. Examples of such conditions may be the construction of
a fence along a property line, buffering of a parking lot from adjoining properties, limitations on the
number of driveways, or other similar requirements to mitigate potential negative impacts on
surrounding properties.
Upon staff review of the CUP application, staff prepared development conditions for the proposed
Purpose-Built Shared Housing Development. The Applicant has agreed to develop the property in
accordance with these conditions, should the Conditional Use Permit be approved by City Council.
A Public Hearing and consideration of this case was on the agenda for the December 5, 2019 Planning
Commission Meeting. The project engineer, Jeff Robertson, spoke in support of the CUP Application.
There were no speakers in opposition of the application. After closing the hearing, the Commission
voted unanimously to recommend approval of the CUP with the staff recommended conditions for
the proposed development. The conditions recommended are included in the attached draft letter of
conditional approval. The relevant excerpt from the drafted meeting minutes are attached.
After a public hearing, the Council may approve the request as submitted, approve the request with
conditions as recommended by the Planning Commission, deny the request, or remand the request
to the Planning Commission for further review.
Previous Council Action: The Council has taken no previous 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:
• Planning Commission Discussion Form & Packet
• Excerpt from December 5, 2019 Planning Commission Meeting Minutes
• Site Plan
• Vicinity Map
• Draft of the Letter of Conditional Approval
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CITY SERVICE CENTER448 STATE HIGHWAY 75HUNTSVILLE, TX, 77320Map Created At:www.HuntsvilleGIS.com
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION80210420105FEET
CREATED DATE: 11/21/2019
Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet
On Any Print Size
1 in = 400 ftOn 8.5 x 11 inch Print
Service Layer Credits:
CUP 03-2019 Huntsville Village Apartments Phase 2Vicinity Map - December 5, 2019 Planning Commission Meeting
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 the full GIS Data Disclaimer at: www.huntsvilletx.gov/438/City-MapsSubject Property
Planning Commission – CUP 3614 Boettcher Dr December 5th, 2019
1
PLANNING COMMISSION
AGENDA ITEM DISCUSSION FORM
Prepared by: Leigha Larkins, Planner
Janet Ridley, City Planner
MEETING DATE: December 5, 2019
SUBJECT: Proposed Development of Purpose-Built Shared Housing, Attached
TYPE OF REVIEW: Conditional Use Permit
Applicant: Charles Vincent LLC – Charles Caporina
LOCATION: 3614 Boettcher Drive
FACTS, CODE REQUIREMENTS AND CONDITIONS
The applicant, Charles Vincent LLC, is proposing to develop a “Purpose-Built
Shared Housing, Attached” development on a tract of land, approximately 4.52
acres in size, located in the 3600 Block of Boettcher Drive on the west side of the
street. The proposed development will include 14 new units, with a total of 48 bedrooms. 53 parking spaces are required for this development. 54 parking
spaces will be constructed to serve Phase II.
The property on which the proposed development is located is currently in the
process of a replat. Once the replat is complete, the property will be 5.224 acres in size. The developer intends to develop multifamily housing in three phases on
the property. The first phase was completed before the regulations for Purpose-
Built Shared Housing were adopted by City Council. This Conditional Use Permit
would allow for construction of the second phase. Permitting for the third phase is
intended to begin after the property is replatted.
A Conditional Use Permit is required for the proposed development per
Subcategory Residential Use, Specific use Purpose-Built Shared Housing of Table 4-1: Use Table in Article 4: Use Regulations of the current City of
Huntsville Development Code. The subject property is located in the Management
(M) District. Purpose-Built Shared Housing, Attached Developments are one of
the uses which require a CUP if developed anywhere in the City.
“Purpose-Built Shared Housing, Attached” is defined in Article 15 of the
Development Code as:
“Two or more attached dwelling units on an individual lot, rented by the
bedroom through individual leases, for which an approved building permit was issued after 04/16/2019, which is occupied or intended to be occupied
by more than two (2) unrelated persons.”
Planning Commission – CUP 3614 Boettcher Dr December 5th, 2019
2
The subject property includes approximately 300 linear feet of frontage along Boettcher Drive. The properties adjacent to the north of the proposed
development are single-family residences in the Neighborhood Conservation
District. The properties to the south, west, and east of the subject property
are designated “Management.”
The Comprehensive Plan states that the City should create and implement
effective controls for managing incompatible land uses based upon their
character, intensities and impacts on adjacent nearby uses. Five properties
in the vicinity of the subject property are located in the Neighborhood
Conservation District. 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 lighting, maintenance, and parking concerns, etc.
Adequate existing street access and water and sanitary sewer service is available for the proposed development. A preliminary site development
plan has been submitted in the developer’s presentation package indicating that mitigation of increased post-development storm water run-off will be
addressed. The City Engineer will review and approve the drainage
plan prior to construction.
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 the
request 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 the proposed conditional use application to the
Planning Commission for further consideration. The conditional use permit application may be approved by simple majority.
3
Planning Commission – CUP 3614 Boettcher Dr December 5th, 2019
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:
•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 Comprehensive Plan recommends the development of a variety of housing
types within the City. The proposed use of a Purpose-Built Shared Housing
Development is a compatible use for the area and there is adequate infrastructure
to serve the development. Staff does not believe that the proposed use will 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. The additional conditions of approval included in the draft
Letter of Conditional Approval would provide sufficient buffering if required for
approval of the Conditional Use Permit. Due to this and the fact that the proposed
use meets all four criteria as outlined in Section 12.808 the Development Code,
staff recommends approval of the Conditional Use Permit.
ATTACHMENTS
Application
Vicinity map by staff
Site Plan (Supplied by Applicant )
DRAFT Letter of Conditional Approval
Page 1 of 1
Excerpt from Draft Minutes of the December 5, 2019 Planning Commission
Meeting
4. PUBLIC HEARING to take testimony concerning the application for a Conditional Use Permit for a
Purpose-Built Shared Housing Development to be located at 3614 Boettcher Drive.
Chairman Woods opened the Public Hearing.
Staff Planner, Leigha Larkins, gave the staff report for the project per the discussion form, noting that this
Conditional Use Permit application for a Purpose-Built Shared Housing project is for Phases II and III of an
existing multi-family development. Phase I of the development was permitted and constructed prior to the
adoption of the Purpose-Built Shared Housing regulations.
Charles Caporina, Developer, was present to answer any questions from the Commission.
Speakers in Support of the Conditional Use Application.
There were none.
Speakers in Opposition of the Conditional Use Application.
There were none.
Staff noted that no phone calls had been received from citizens expressing support or opposition.
Chairman Woods closed the Public Hearing.
5. CONSIDER the application for a Conditional Use Permit for a Purpose-Built Shared Housing development
to the located at 3614 Boettcher Drive.
Commissioner Thompson moved to recommend approval of the Conditional Use Permit. Second
was by Commissioner Whitehead. The vote was unanimous.
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
November 25, 2019
Charles Vincent LLC
Attn: Charles Caporina
3614 Boettcher Dr. #101
Huntsville, Texas 77340
Re: CUP Application for 3614 Boettcher Dr.
Dear Mr. Caporina,
The City of Huntsville City Council approved your Conditional Use Permit on XXXX 00th, 2019,
subject to the following conditions:
1. Expansion of the multifamily development, including the interior addition of dwelling units
within the boundary approved by this permit, shall be prohibited.
2. All public/private utility, electric, gas, cable television and telephone lines shall be installed
underground.
3. At least 20% percent of the total lot area must be devoted to landscape development.
4. Walls and/or fences located in the front setback of the property or in front of the structures
closest to the ROW may not exceed 36 inches in height.
5. Any perimeter fencing on the Boettcher Drive frontage shall incorporate tree planting
between the fencing and the public ROW, in the following manner:
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 fencing; a bio-barrier
shall be installed when tree is planted adjacent to a wall or sidewalk/walkway.
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 housing development and adjoining ROWs.
6. 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.
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.
7. A parking rate of 1.1 spaces per bedroom is required for Purpose-Built Shared Housing -
Attached.
8. Class II bicycle racks accommodating at least 1 bicycle/5br with direct access to residential
buildings and entries are required and must be shown on the site plan.
9. No boats, campers, travel trailers, recreational vehicles or unregistered and unlicensed
motor vehicles shall be parked or stored at any place within the development except in
areas designated and approved for such storage as part of the site development plan
approval.
10. No part of the front setback of the development may be paved or otherwise covered in
impervious material, except for the area required for vehicle and pedestrian access.
11. Parking in the front setback shall be prohibited.
12. An approved photometric plan is required.
13. Signage for development required. One freestanding monument sign identifying the
name and address of the development is required to be placed in an area visible from
Boettcher Drive for ease of identification by Emergency Responders. Sign area and height
shall be limited to a maximum of fifty (50) square feet in area and ten (10) feet in height.
14. This document and the accompanying approved site plan constitute Conditional Use Permit
03-2019.
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.
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.
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,
Leigha D. Larkins
Planner