2-18-2020 packet amended
CITY OF HUNTSVILLE, TEXAS
Andy Brauninger, Mayor
HUNTSVILLE CITY COUNCIL AGENDA AMENDED
TUESDAY, FEBRUARY 18, 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.
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.
PROCLAMATION & PRESENTATION
- Recognize local artists from Huntsville ISD
- Proclamation for Texas Week – March 1-7, 2020
- Texas General Land Office will provide a presentation on Texas Back In Business.
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 February 4, 2020. [Brenda Poe, City Secretary]
b. SECOND READING - Consider authorizing the City Manager to enter into an agreement for Architectural
Services for the design of Bond Prop 2 projects including City Hall and the Service Center, second reading.
[Aron Kulhavy, City Manager, and Y.S. “Ram” Ramachandra, City Engineer]
c. SECOND READING – Consider Ordinance 2020-16 amending Article 4: Use Regulations; Article 5: Lot
and Setback Regulations; Article 8: Signs; Article 10: Infrastructure and Public Improvements; Article 12:
Development Review and Approval Procedures; and Article 15: Terminology and Definitions in the
Development Code of the City of Huntsville, second reading. [Planning]
d. Consider the purchase of new playground equipment to replace the existing playground equipment at Kate
Barr Ross Park. [Penny Joiner, Director of Parks and Leisure]
e. Consider authorizing the City Manager to approve a supply agreement with Badger Meter for water meters,
software and associated supply items. [Brent Sherrod, P.E., Director of Public Works]
f. Consider authorizing the City Manager to apply for the FY 2021 Houston-Galveston Area Council (H-
GAC) Criminal Justice Grant Program for $84,268.10 and adopting Resolution 2020-16 in support of same.
[Kristie R. Hadnot, Grants Manager]
g. Consider authorizing the City Manager to apply for the 2020 Houston-Galveston Area Council (H-GAC)
State Homeland Security Program Grant for $31,500 and adopting Resolution 2020-17 in support of same.
[Kristie R. Hadnot, Grants Manager]
2. STATUTORY AGENDA
a. Consider Resolution 2020-15 in support of an application to the Texas Department of Housing and
Community Affairs for Housing Tax Credits for Fish Pond Living at Huntsville, LP, a senior rental housing
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
development proposed to be located in the 100 block of FM 247. [Kevin Byal, Director of Development
Services / Building Official]
b. Consider authorizing the City Manager to enter into a contract for a feasibility study on the Martin Luther
King, Jr. Neighborhood Community Center. [Penny Joiner, Director of Parks and Leisure]
3. CITY COUNICL/CITY MANAGER/CITY ATTORNEY
a. Consider Resolution 2020-14 in support of the passage of Congressional Bill HR 759, the Ysleta De Sur
Pueblo and Alabama-Coushatta tribes of Texas Equal and Fair Opportunity Settlement Act. [Aron Kulhavy,
City Manager]
4. 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. Patricia Freeman would like to discuss blocking off the street during the MLK Parade and June 19 Parade.
b. Judith Ziegler would like to discuss accessibility of City Council chambers for hearing impaired, etc.
c. Ethel Hawkins would like to discuss Strong Women Stand Together in Prayer and Fasting Against
Homelessness in Huntsville, Texas.
5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
6. 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.)
7. 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, Section
551.074 – personnel matters regarding the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of a public officer or employee, concerning City Secretary Brenda Poe.
c. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551,
551.071 to receive legal advice on claims filed by Jason January with the TWC and EEOC against the City.
[Leonard Schneider, City Attorney]
8. 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 February 18, 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: 2/14/2020
TIME OF POSTING: 8:05 am 3:15 pm ____________________________
TAKEN DOWN: Brenda Poe, City Secretary
Brenda Poe
MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 21st
DAY OF JANUARY 2020, 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, Paul Davidhizar, Joe P. Rodriquez, Mari Montgomery
COUNCILMEMBERS ABSENT: None
OFFICERS PRESENT: Aron Kulhavy, City Manager; Brenda Poe, City Secretary; Leonard Schneider, City
Attorney
WORKSHOP [5:00 P.M.] City Council made final recommendations on City Council’s 2020 Strategic Plan
with City Manager Aron Kulhavy.
MAIN SESSION [6:00 P.M.]
CALL TO ORDER – Mayor Brauninger called the meeting to order at 6:00 p.m.
INVOCATION AND PLEDGES
U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God,
one, and indivisible.
Councilmember Davidhizar gave the invocation and Mayor Brauninger led the pledges.
PUBLIC HEARING
- 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 2700 Block of
Montgomery Rd.
The public hearing opened at 6:01 p.m. Planner Leigha Larkins made a statement on behalf of the City.
David Kulkarni, the project developer with Montgomery SH Land Acquisition, LLC. Councilmember
Beebe made a comment on the need for more multifamily residents. Kulkarni said the company chose to
target students, mentioning growth at Sam Houston State University. Mayor Pro Tem Rodriquez spoke
about the downturn in the future for the number of students enrolling in 2025. The hearing closed at 6:10
p.m.
- Public hearing to hear comments on Ordinance 2020-16 amending Article 4: Use Regulations;
Article 5: Lot and Setback Regulations; Article 8: Signs; Article 10: Infrastructure and Public
Improvements; Article 12: Development Review and Approval Procedures; and Article 15:
Terminology and Definitions in the Development Code of the City of Huntsville.
The public hearing opened at 6:10 p.m. City Planner Janet Ridley made a statement on behalf of the City
explaining the updated needed to the Development Code which was last adopted and updated in 2015.
The hearing closed at 6:12 p.m.
- Public hearing to hear comments on Resolution 2020-13 affirming the adoption the updated 2019
Transportation Master Plan for the City of Huntsville and Extra-territorial Jurisdiction (ETJ) of
the City
The public hearing opened at 6:12 p.m. City Planner Janet Ridley made a statement on behalf of the City
reviewing the adoption of the plan. A block grant was received, and a public hearing was required to
move forward with the plan. The hearing closed at 6:16 p.m.
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 January 21, 2020. [Brenda Poe, City
Secretary]
b. Consider Resolution 2020-13 affirming the adoption the updated 2019 Transportation Master Plan
for the City of Huntsville and Extra-territorial Jurisdiction (ETJ) of the City. [Janet Ridley, City
Planner]
c. SECOND READING - Consider adoption of Ordinance 2020-15 authorizing annual participation
with other Entergy service area cities in matters concerning Entergy Texas, Inc, at the Public Utility
Commission and the Federal Energy Regulatory Commission in 2020, second reading. [Leonard
Schneider, City Attorney]
Councilmember Rodriquez made a motion to approve the consent agenda; the motion was seconded by
Councilmember Davidhizar. The motion was adopted, 9-0.
2. STATUTORY AGENDA
a. FIRST READING - Consider authorizing the City Manager to enter into an agreement for
Architectural Services for the design of Bond Prop 2 projects including City Hall and the Service
Center, first reading. [Aron Kulhavy, City Manager, and Y.S. “Ram” Ramachandra, City
Engineer]
First reading. No action taken. Randall Scott architects will serve as the City representative to do design
and oversee construction, according to City Manager Aron Kulhavy. Mr. Randall Scott said he is excited
about the project as his company specializes in City Halls.
b. Consider the Conditional Use Permit Application for a “Purpose-Built Shared Housing,
Attached” project to be developed on property located in the 2700 Block of Montgomery Rd.
[Planning]
Councilmember Loll made a motion to approve the Conditional Use Permit Application #04-2019,
allowing a “Purpose-Built Shared Housing, Attached” project to be developed on property located in the
2700 Block of Montgomery Road with conditions as recommended by the Planning Commission; the
motion was seconded by Councilmember Humphrey. Humphrey made a statement regarding regulations
of the type of housing being built stating his support of the developer’s investment. The motion was
adopted, 7-2, with Councilmember Beebe and Irving against.
c. FIRST READING – Consider adoption of Ordinance 2020-16 amending Article 4: Use
Regulations; Article 5: Lot and Setback Regulations; Article 8: Signs; Article 10: Infrastructure
and Public Improvements; Article 12: Development Review and Approval Procedures; and
Article 15: Terminology and Definitions in the Development Code of the City of Huntsville, first
reading. [Planning]
First reading. No action taken.
3. CITY COUNICL/CITY MANAGER/CITY ATTORNEY
a. Consider approving nominees for City boards, committees, and commissions. [Andy Brauninger,
Mayor]
The Mayor moved his nominations. The motion was approved, 9-0.
b. Consider adopting the City Council’s 2020 Strategic Plan. [Aron Kulhavy, City Manager]
Councilmember Davidhizar made a motion to adopt the City Council’s 2020 Strategic Plan; the motion
was seconded by Councilmember Montgomery. The motion was adopted, 9-0.
4. 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. Patricia Freeman would like to discuss blocking off the street during the MLK Parade and June
19 Parade.
Patricia Freeman was not in attendance.
b. Ethel Hawkins would like to discuss Strong Women Stand Together – “Taking a Stance Against
Homelessness in Huntsville, Texas”.
Ethel Hawkins was not in attendance.
5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
Larry Crippen asked when the 2020 Strategic Plan would be available on the website.
6. 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 invited the public to join in the celebration Texas Independence Day and Sam Houston's
birthday with us in Huntsville on Monday, March 2nd! The Walker County Historical Commission, the Sam
Houston Memorial Museum, and the City of Huntsville’s Sam Houston Statue and Visitors Center cordially
invite you to Huntsville’s 39th Annual Texas Independence Day and General Sam Houston Birthday
Celebration. Please note that the Baptize Texan Ceremony and the Luncheon require an RSVP by February
20, and the form can be found at samhoustonmemorialmuseum.com. For more information on reservations
and payment, contact Kimm Thomas, City of Huntsville Tourism Department at 936-291-5932.
Councilmember Beebe encouraged citizens to sign up early for the National Night Out set for Tuesday,
October 6th, 2020. Plan a front yard party for your neighborhood! Knowing your neighbors is a great way to
keep your neighborhood Safe. Log on to https://natw.org/registration to register today.
Councilmember Loll announced the Junk-a-Palooza is back and is a community-wide garage sale happening
in downtown Huntsville from 7 am to noon on Saturday, March 21. Individuals can reserve a booth for the
event at www.HuntsvilleMainStreet.com. Craft and retail vendors will not be permitted. For more
information, call 291-5920.
Councilmember Howard advised the public that the Census Bureau is still accepting applications for census
takers. Apply today at 2020census.gov/jobs. The Census is important to Home Sweet Huntsville when the
count affects the allocation of funding for our community’s public resources (e.g., roads, hospitals, schools),
how we plan for the future, and our voice in government. Learn more about the importance of the 2020 Census
and how to participate at 2020census.gov.
Councilmember Davidhizar spoke about the Wynne Home hosting the 2020 Empty Bowls Fundraiser from
11 am to 2 pm Tuesday, Feb. 25, at the 1428 11th Street. The bowls are being created by citizens at the Wynne
Home, and for a small donation for each bowl, you can enjoy delicious soups and help fight against hunger.
All proceeds benefit the Walker County Meals on Wheels program.
Mayor Brauninger also commended the local efforts to show up for veterans at the annual Wounded Warrior
Banquet.
7. 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, Section 551.074 – personnel matters regarding the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee, concerning City
Secretary Brenda Poe.
c. City Council will convene in closed session as authorized by Texas Government Code, Chapter
551, 551.071 to receive legal advice on the City Secretary contract.
The Council adjourned to Executive Session at 6:44 p.m.
8. RECONVENE
The Council reconvened 8:26 p.m.
ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 8:26 p.m.
Brenda Poe, City Secretary
ATTEST: CITY OF HUNTSVILLE
________________________________ ________________________________
Brenda Poe, City Secretary Andy Brauninger, Mayor
Agenda Item #1b
Item/Subject: SECOND READING - Consider authorizing the City Manager to enter into a contract for
the design of the Huntsville City Hall and Service Center, Proposition/Bond Project #2, second reading.
Initiating Department/Presenter: City Manager
Presenter: Aron Kulhavy, City Manager
Recommended Motion: Move to authorize the City Manager to enter into a contract for the design of
the Huntsville City Hall and Service Center, Proposition/Bond Project #2, with Randall Scott Architects
in the amount of $1,983,500.
Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens.
Discussion: As part of the Council’s 2014 Strategic Plan, City staff investigated and reported to the City
Council the opportunity to issue around $24 million worth of General Obligation/Revenue Fund debt
without raising the tax rate for the purpose of constructing a new City Hall and Service Center. The
opportunity will occur in fiscal year 2019-20. Shortly after that review, the Council received a Facilities
Maintenance Assessment on all of its facilities including police and fire. The report indicated:
• City Hall has been in its current location for over 40 years with no significant renovations to the
current facility. The facility is at its max capacity and in need of significant renovations and
expansion. Many services are located at the Service Center and with the expansion of City Hall,
Inspections, Permitting, Engineering and GIS will all be located in the same facility as the City’s
administrative services.
• The City Service Center is over 50 years old and was originally constructed for less than 10
offices and four service bays. Now, approximately 40 employees are officed out of the front
building, and another 50+ operate out of the rear building. The front building has outlived its
useful life and the rear building needs significant upgrades.
As a result, during budget deliberations, City staff discussed with the Council space needs and estimated
cost of improving both of the buildings. Ultimately an RFQ was issued and a purchase was approved by
City Council to conduct a space needs assessment to include costs estimates. The scope of this study
was to be very detailed, to include options such as repair, remodel, new construction, and conceptual
designs. This study was awarded and completed by PGAL. The final study was presented to the Long-
Range Planning Committee in 2015.
Following voter approval of a proposition on the ballot, City staff then began securing land and design
services for proposition one and it is now time to do the same for Proposition 2 projects. It was
determined that these two areas could be combined into one design and construction project. In late
2019, City staff released a Request for Qualifications (RFQ) for architect design services for City Hall and
Service Center Facilities. An RFQ is a type of solicitation awarded only for professional services and
consultants. The RFQ is based on pre-determined qualification-based criteria not price. For this service,
the criteria used were:
a) Firms’ qualifications and experience;
b) Staff assigned to the project with project reference;
2/18/2020
Agenda Item: 1b
CITY COUNCIL AGENDA
Agenda Item #1b
c) Firms’ methodology for completing this service
d) Firms’ ability to comply with the City of Huntsville’s requested information and forms.
Thirteen responses were received, and staff chose to interview four of the responsive firms. These were
interviewed by staff including the City Manager, City Engineer, Building Official, Project Manager, and
Public Works Director. One firm, Randall Scott Architects (RSA) was selected as the top contender, with
whom the City Manager and staff began contract negotiations.
The attached contract draft provides services as follows:
Basic A/E Services totaling $2,058,025
Funds of $2,000,000 have been budgeted for basic architectural and engineering design services. The
Architect originally proposed a total contract for basic services of $2,058,025 million including $40,750
for reimbursables. This would include all the design services needed to construct the facilities as well
as construction management of the project. Staff has reduced the contract amount to $1,983,500 for
these services.
The basic architectural services are within the budgeted amount and staff is very comfortable with the
selection of the architect.
Previous Council Action: Previously authorized Facilities Assessments, Space Needs Assessments, Bond
Election, and numerous workshops.
Financial Implications:
☒Item is budgeted: 817-81701-62111 and 817-81702-62111 In the amount of $2,000,000.
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Contract Exhibit A for design services
EXHIBIT ‘A’ TO THE
OWNER ARCHITECT AGREEMENT
December 7, 2019
Mr. Aron Kulhavey
City Manager
City of Huntsville
1212 Ave. M
Huntsville, Texas 77340
RE: PROPOSAL TO PROVIDE ARCHITECTURAL/ENGINEERING SERVICES FOR CITY OF HUNTSVILLE CITY
HALL & SERVICE CENTER FACILITIES
I. PROJECT SCOPE
This proposal is submitted by Randall Scott Architects, Inc. (hereinafter referred to as RSA or Architect) to the
City of Huntsville (herein after referred to as the City, Owner or Client) to provide Architectural/Engineering
Design Services for City Hall and Service Center Facilities in Huntsville, TX.
A. PROJECT CRITERIA
1. OVERVIEW
The following overview of the project requirements was conveyed to RSA by the City in the Request
for Qualifications and a subsequent pre-proposal meeting attended by Randall Scott, Founding
Principal of RSA; Aron Kulhavey, City Manager; Y.S. Ramachandra, City Engineer and Greg Blake,
Engineering Project Manager for the City of Huntsville on November 14, 2019:
a. The scope of work for the City Hall and Service Center projects will generally be based on a Needs
Assessment prepared by PGAL Architects dated Dec. 18, 2015 which provided basic information
about these projects, a facility condition assessment for each building and some cost estimating
information. The cost information is now 4 years old during which costs of construction have
increased significantly.
b. The City is looking for full-service A/E consulting services inclusive of FFE design and
procurement assistance.
c. The Construction delivery method has not been determined at this time. It will either be CMAR or
CSP.
d. The project schedule will be determined during the design phase of these projects.
e. The City Hall scope of work shall consist of a vertical and horizontal expansion of the existing
City Hall building at 1212 Ave. M. The expanded facility will include space for Council Chambers
with seating for approximately 100 citizens, Customer Service, City Administration, Finance,
Planning, Engineering, Inspections, IT and HR. The facility will house approximately 75 total staff.
f. The Service Center scope of work shall include a new Public Works/Park & Rec Administration
Building of approximately 8,000 SF, 9,800 SF of new Service Bays including (4) for Public Works
and (3) for Parks & Rec, a new 4000 SF Conference/Meeting Room, and (3) new Fire Apparatus
Bays totaling 3,600 SF. The Vehicle Maintenance Building scope of work shall consist primarily of
cosmetic renovations in the office/warehouse areas.
Exhibit ‘A’ - Proposal to Provide Architectural/Engineering
Services for the City of Huntsville City Hall & Service Center
Mr. Aron Kulhavey - City Manager
December 7, 2019
Page 2
g. Total Project Cost (TPC) is estimated to be $24M with Construction Only Cost (COC) estimated to
be approximately $19,500,000 of that.
II. PRE-DESIGN PHASE SERVICES
A. PROGRAM OF REQUIREMENTS (POR) VERIFICATION
1. Program Verification services to be provided by RSA shall consist of the following:
a. Meet with Staff and other key departmental individuals (Project Stakeholders) to introduce
the RSA Design Team and gain an overall understanding of the City’s scope, needs and goals for
the project.
b. Attend Benchmarking Tours of peer City Hall and Service Center facilities with the Project
Stakeholders to observe and evaluate relevant aspects of those facilities for the City of Huntsville’s
project.
c. Hold Focus Group Meetings (Workshop # 1) to review the existing PGAL 2015 Needs
Assessment metrics with the Project Stakeholders and identify any changes to it.
d. Make requested revisions to the Program of Requirements and prepare an updated POR with
RSA’s estimated low and high cost ranges for each space listed in the spreadsheets.
e. Prepare test fit drawings for critical areas of the project deemed necessary by RSA to confirm the
assigned net square footage.
f. Prepare a Preliminary Design and Construction Schedule for the Project.
g. Prepare a Final POR with the verified programmatic metrics, Preliminary Project Schedule and
Preliminary Cost Estimate with RSA’s estimated low and high cost ranges for review with the
Project Stakeholders.
h. Meet with the Project Stakeholders to review the Final Program of Requirements.
i. Assist Staff in presenting the POR and metrics to Council if requested.
III. BASIC SERVICES
A. SCHEMATIC DESIGN PHASE
Schematic Design Phase services provided by RSA and our Consultants for this project shall consist of the
following:
1. Perform a detailed code and zoning review for the proposed projects and consult with the City on any
changes that impact the design.
2. Workshop # 2 – Meet with Stakeholders to: a) hold a Visioning Session where Stakeholders vote
on photos of exterior and interior spaces and discuss Stakeholder preferences, needs and goals for
the facility; and b) to sketch departmental Block Floor Plans with scale cutouts of each of the spaces
listed in the POR.
3. Prepare refined Site and Floor Plans incorporating the Block Floor Plan concepts developed during
Workshop # 2.
4. Prepare preliminary Exterior Design Concept options for the Projects.
5. Attend a Town Hall meeting with Staff, Council and Citizens to present basic information about the
proposed design and gather input.
6. Prepare updated Schematic Design Cost Estimates for the Projects or provide documents to the
CMAR for their estimating purposes if CMAR delivery is chosen.
7. Meet with the Project Stakeholders to review the refined site and floor plans, exterior design
concepts and cost estimates to receive comment.
8. Prepare final Schematic Design site plans, floor plans and renderings of RSA’s proposed designs
and submit for Stakeholder review.
9. Prepare an updated Project Schedule for the project.
10. Coordinate the MEP, structural, civil, IT/AV, security and landscape architecture consultants’
Schematic Design services.
11. Collaborate with the City in reconciling the project scopes, budgets and estimated construction costs.
Exhibit ‘A’ - Proposal to Provide Architectural/Engineering
Services for the City of Huntsville City Hall & Service Center
Mr. Aron Kulhavey - City Manager
December 7, 2019
Page 3
12. Prepare a PowerPoint presentation of the Final Schematic Design Drawings, Project Schedule and SD
Cost Estimate and assist Staff in presenting to Council for approval.
13. Prepare and distribute meeting notes documenting the basic issues, resolutions and action items
agreed to during this phase.
B. DESIGN DEVELOPMENT PHASE
Based on the approved Schematic Design documents and reconciled SD Cost Estimates, the Design Team
shall prepare the following Design Development documents:
1. General Notes
2. Architectural site plans illustrating the proposed sites and building improvements
3. Architectural floor plans with dimensions
4. Roof Plans
5. Partition types
6. Proposed room finish & door schedules
7. Exterior building elevations
8. Wall sections
9. Preliminary section details
10. Reflected ceiling plans
11. Millwork elevations
12. Interior elevations
13. Preliminary interior finishes plans
14. Preliminary mechanical, electrical and plumbing drawings and details
15. Preliminary structural plans and details
16. Preliminary civil plans and details
17. Preliminary AV, IT, Security and Access Control (low voltage systems) plans and details
18. Preliminary landscape architecture plans and site details
19. Prepare a DD Cost Estimate, or provide documents to the CMAR if CMAR delivery is chosen, and
collaborate with the Owner to adjust the Design Development scopes of work to reconcile with the
City’s budget.
20. Prepare and distribute meeting notes documenting the basic issues, resolutions and action items
agreed to during this phase.
21. Attend meetings with City Staff to review the Design Development documents, DD cost estimate
and status of the Project Schedule.
C. CONSTRUCTION DOCUMENTS PHASE
Based on the approved Design Development documents and reconciled DD Cost Estimates, the Design
Team will prepare final drawings, details and specifications required to construct the Projects.
The Construction Documents will include a base bid scope of work and add alternates which the Design
Team will agree upon with the City to assist in managing the project costs. The Design Team will work
with the Owner, and CMAR if CMAR delivery is chosen, to make final adjustments to the project scopes
and construction documents to reconcile the project scopes and final cost estimates with the City’s
budget. Once the scopes and estimates are reconciled with the budget, the Design Team will issue the
final CD’s for bidding.
The Construction Documents Phase includes attendance by the Design Team at meetings with the
Owner and other entities to coordinate the Construction Documents and pricing. Services during this
phase include the preparation and distribution of project meeting notes documenting the basic issues,
resolutions and action items agreed to during this phase.
Exhibit ‘A’ - Proposal to Provide Architectural/Engineering
Services for the City of Huntsville City Hall & Service Center
Mr. Aron Kulhavey - City Manager
December 7, 2019
Page 4
D. BIDDING & NEGOTIATION PHASE
Once the final Construction Documents are approved by the Owner, the Design Team will provide the
following services during the Bidding and Negotiation Phase:
1. Distribute electronic PDF files of the bidding documents plans and specifications to interested
general Contractors. The printing of these documents for bidding and construction shall be at the
Contractor’s expense.
2. Attend a Pre-Bid Conference at the project site or a location designated by the Owner if requested.
3. Answer Contractor questions during the bidding phase about the construction documents and
intended design.
4. Review substitution requests from bidders up until 7 days prior to bid date. Issue addenda
documenting any approved substitution requests 3 days prior to bid date.
5. Prepare and issue addenda to the Contractors clarifying questions on the drawings and specifications.
6. Prepare and distribute project meeting notes documenting the basic issues, resolutions and action
items agreed to in meetings attended by the Architect during this phase.
E. CONTRACT ADMINISTRATION PHASE
During the Construction Administration Phase, the Design Team will provide the following Services:
1. Conduct a Pre-Construction Meeting to discuss the issues of coordination, points of contact for each
entity and protocol to be followed during the Construction Phase of the project.
2. Visit the site twice monthly to review construction in an effort to determine in general whether or
not, when the Project is completed, it will be constructed in substantial accordance with the
Contract Documents. While on site, the Architect will attend OAC Meetings with the Owner and
Contractor to review the project status, previous set of construction meeting notes, submittal logs,
ASI logs, RFI logs, sustainability documentation (if applicable), and construction schedule status
along with coordination issues that need resolution by the group. RSA’s fee proposal assumes
OAC meetings for both projects can happen concurrently on the same days.
3. Review substitution requests from the Contractor only for materials and products which become
unavailable during the Construction Phase due to circumstances beyond the Contractor‘s control.
4. Review submittals and shop drawings required by the Contract Documents.
5. Review the Contractor’s Requests for Information (RFI’s) and respond as deemed appropriate by the
Architect.
6. Prepare Architect’s’ Supplemental Instructions (ASI’s) when deemed necessary by the Architect and
issue them to the Contractor.
7. Review the Contractor’s Cost Proposal Requests (CPR’s), make recommendations to the Owner and
process change orders.
8. Review Contractor’s Applications for Payment and transmit to the City for payment with any
recommended adjustments from the Design Team.
9. Prepare a punch list for each Project and perform a final walk-through for verification that punch list
items have been completed.
10. Establish dates of Substantial and Final Completion and prepare certificates for same.
11. Coordinate project close out, receipt of warranty & maintenance binders from the Contractor.
12. Coordinate the preparation of as-built documents and deliver them to the Owner.
IV. ADDITIONAL SERVICES
Additional Services are all services not explicitly listed under Sections II Pre-Design Services & III Basic Services
of this Proposal. Additional Services shall be provided when requested by the City on an hourly or
negotiated fee basis in addition to the fees charged for the services outlined in Sections II and III above. Prior
to beginning Additional Services work, RSA shall request approval from the City in writing if it believes that
Additional Services are warranted or have been requested by the City. Additional Services include, but are
not limited to, the following:
Exhibit ‘A’ - Proposal to Provide Architectural/Engineering
Services for the City of Huntsville City Hall & Service Center
Mr. Aron Kulhavey - City Manager
December 7, 2019
Page 5
A. Revisions requested by the City to the Architect’s Work resulting in changes in the design, scope and/or
quality. Revisions to the Architect’s Work or documents due to changes in the information provided to
the Architect by the City.
B. Preparing Design alternatives (other than those listed in Sections II and III above) and redesign services
for the project including, but not limited to, redesign services required due to the City making changes
to the project scope.
C. Meetings with citizen groups (outside of those listed under the Basic Services portion of this Proposal
and normal Council presentations) to present information about the project. RSA will assist staff in
presenting our work to Council during regular Council Meetings as a Basic Service if requested.
D. Field verification of existing conditions not indicated on as-built documents provided to the Architect by
the City.
E. Consulting services required to complete the project which are not specifically listed under the
Professional Fee Sections VI.A Pre-Design or VI.B Basic Services.
F. Design of structural foundations such as carton form or pier and beam with crawl space foundation
systems.
G. Design of off-site utilities beyond the property lines of the project sites being designed by RSA under this
agreement.
H. Platting or rezoning services.
I. Surveying services (shall be provided to RSA by the Owner).
J. Geotechnical engineering services and reports (shall be provided to RSA by the Owner).
K. Coordination services associated with environmental, archeological and historic building assessments
including, but not limited to: 1) historic building evaluations of the property required by governing
agencies, 2) archeological evaluations of the property required by governing agencies; 3) evaluation of
the presence and potential impact of special conditions or sensitive receptors present on the property
such as wetlands, endangered species and native trees required by governing agencies.
L. Preparation of change orders not the fault of the architect or his consultants.
M. All work associated with the location and modifications to the floodplain and creek areas adjacent to the
project.
N. Development of artwork packages for the building.
O. Design services regarding renovating the drainage channel to the north of City Hall to an amenity area.
V. PRELIMINARY PROJECT SCHEDULE
The schedule for this project will be determined as part of the scope of services provided by RSA.
VI. PROFESSIONAL FEES
A. PRE-DESIGN SERVICES
1. The services outlined in Section II Pre-Design Services above shall be provided for the following lump
sum fees:
a. Validation of Program of Requirements the two Projects $27,350
b. Preliminary Cost Estimating Services for the two Projects $3,500
c. Benchmarking Tours of Peer CH & SC Facilities $3,500
Total Pre-Design Services $34,350
Exhibit ‘A’ - Proposal to Provide Architectural/Engineering
Services for the City of Huntsville City Hall & Service Center
Mr. Aron Kulhavey - City Manager
December 7, 2019
Page 6
B. BASIC SERVICES
1. The minimum fee for Basic Services inclusive of the Architectural,
Structural and MEP engineering services outlined in Section III
Basic Services of this Proposal for the City Hall & Service Center
shall be provided based on a fee percentage of 8.5% times the
$19.5M Construction Only Cost
$1,657,500
2. Field Verification for City Hall & Service Center $21,300
3. Civil Engineering Services for City Hall & Service Center $72,000
4. AV/Acoustical Consultant for City Hall & Service Center $38,900
5. Technology Consultant (IT, Security & Access Control Services) for
City Hall & Service Center $42,250
6. Landscape Architecture and Irrigation Design for City Hall &
Service Center $44,375
7. Newforma Project Management Software License for Project $1,500
8. Registered Accessibility Specialist $3,200
9. FF&E Design Services for City Hall & Service Center $72,500
10. Detailed Cost Estimating Services for City Hall & Service Center (if
CSP delivery is selected) $28,000
11. Envelope Consultant Services for City Hall & Service Center $35,750
12. Lump Sum for Reimbursable Expenses $40,750
Total Basic Services Fees $2,058,025
1. Note: The above fees are based on the City Hall and Service Center Facilities and associated site
work at a budgeted Construction Only Cost (COC) of $19.5M with a Total Project Cost (TPC) of
approximately $24M. Should the Construction Only Cost (COC) or Owner’s Construction
Budget be increased during the course of this project to exceed $19.5M, RSA’s fees shall at that
time be increased at a fee percentage of 8.5% times the amount exceeding the $19.5M COC at
the time the City increases the COC. A final adjustment to RSA’s fees will be made at the end of
the construction phase of the Project once the final construction cost is known.
C. OPTIONAL ADDITIONAL SERVICES
1. Optional Additional Services for the project shall be provided for the following lump sum fees when
requested/agreed to by the Client.
a. Move Relocation Services $28,500
b. Early Site Package (if CMAR delivery is selected) $10,500
c. Structural Foundation (pier and beam or carton form foundation) $10,750
d. Artwork and accessories design package $15,350
D. ADDITIONAL SERVICES
1. Additional Services for the project shall be provided at the following hourly rates or negotiated on a
lump sum basis at the time they are required:
Founding Principal $350.00/hr.
Principal $275.00/hr.
Sr. Vice President $250.00/hr.
Vice President/PM $225.00/hr.
Project Architect $200.00/hr.
Staff Architect $185.00/hr.
Exhibit ‘A’ - Proposal to Provide Architectural/Engineering
Services for the City of Huntsville City Hall & Service Center
Mr. Aron Kulhavey - City Manager
December 7, 2019
Page 7
Visualization Renderer $185.00/hr.
Interior Designer $185.00/hr.
Administrative $105.00/hr.
Consultants Cost + 10%
VII. PROFESSIONAL REGISTRATION
The Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2-350, Austin, Texas 78701-3942, phone:
512.305.9000, has jurisdiction over individuals licensed under the Architects’ Registration Law, Article 249A,
VTCS.
VIII. TERMS AND CONDITIONS
A. This Proposal is valid for 30 days from the date at the top of the first page of this document unless
included as an attachment to a fully executed purchase order and a fully executed AIA B101 Owner
Architect Agreement prior to that date.
B. The City shall provide, and the Architect shall be entitled to rely upon the accuracy of: 1) a detailed
boundary and topographic survey of the site with grades at 1 foot intervals; spot grades for top and
bottom of curbs at 5’ intervals, trees (caliper at 3’ above grade, canopy size and species); above and below
ground utilities locations including flow line elevations and capacities; surrounding streets and full width
of ROW locations; 2 benchmarks tied to USGS surveys; and the location of all improvements on and
adjacent to the site including the existing Public Works Facility facilities, adjacent Citizen’s Tower and
Baker Buildings, and adjacent parking areas; 2) a geotechnical report with shallow and deep borings and
recommendations for the design of the new slab replacement/foundation and paving designs for flatwork
and the street and paving replacement; and 3) reasonably accurate as-built construction documents of
the buildings RSA will be working on.
C. The Owner acknowledges that all projects such as the one being contemplated are required by law to be
submitted to the Texas Department of Licensing & Regulation for handicap accessibility review. The
Architect will submit plans for the proposed project to TDLR for review. The Owner acknowledges that
the construction documents are not complete until TDLR has approved them and any comments they
require are incorporated even though construction may have begun and even be completed before
comments are received. The Architect and his Consultants shall not be held financially responsible for
changes to the project required by TDLR.
D. The Owner acknowledges that RSA has no responsibility for the discovery of nor remediation of
hazardous materials including, but not limited to, asbestos, PCP’s, lead, etc. and that these are the
responsibility of the Owner.
E. RISK ALLOCATION: IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE PROJECT TO
BOTH THE OWNER AND THE ARCHITECT, THE OWNER AND THE ARCHITECT AGREE THAT THE LIMIT
OF PROFESSIONAL LIABILITY OF THE ARCHITECT AND HIS CONSULTANTS ON THIS PROJECT AND
ANY AMENDMENTS TO THE WORK, SHALL BE LIMITED TO ONE MILLION DOLLARS ($1,000,000) ON
A CLAIMS MADE BASIS AND TWO MILLION DOLLARS ($2,000,000) IN THE AGGREGATE FOR ALL
CLAIMS MADE AGAINST THE ARCHITECT AND HIS CONSULTANTS.
F. The Owner and the Architect acknowledge that the Architect’s standard of care is one of reasonable
professional diligence and care of similarly situated architects performing the same or similar professional
design services in the same geographical area.
G. It is well recognized that an Architect is not liable to an Owner for costs incurred to provide and install an
omitted item (an omission). In no event, shall the Architect or the Architect’s consultants be responsible
for any cost or expense that is related to: an omission, provides betterment, or constitutes an upgrade or
enhancement to the Project, as these costs or expenses would have been part of the Project construction
costs if they had been included in the design and construction documents in the first place. These are part
of the Owner’s cost of the Project and shall be covered by the Owner’s separate project contingencies.
Exhibit ‘A’ - Proposal to Provide Architectural/Engineering
Services for the City of Huntsville City Hall & Service Center
Mr. Aron Kulhavey - City Manager
December 7, 2019
Page 8
H. The Architect’s certification of the Contractor’s Applications for Payment constitute a representation to
the Owner, based on the Architect’s evaluation of the Work and data comprising the Contractor’s
Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work
has progressed to the point indicated, the quality of the Work is in accordance with the Contract
Documents, and that the Contractor is entitled to payment in the amount certified subject to, 1) an
evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, 2)
results of subsequent tests and inspections, 3) correction of minor deviations from the Contract
Documents prior to completion and 4) specific qualifications expressed by the Architect. The issuance of a
Certificate for Payment shall not be a representation that the Architect has, 1) made exhaustive or
continuous on-site inspections to check the quality or quantity of the Work, 2) reviewed construction
means, methods, techniques, sequences or procedures, 3) reviewed copies of requisitions received from
subcontractors and suppliers and other data requested to substantiate the Contractor’s right to payment,
or 4) ascertained how or for what purpose the Contractor has used money previously paid on account of
the Contract Sum.
IX. EXCLUSIONS
The following items are specifically excluded from the Design Team’s scope of work and this proposal:
A. Geotechnical engineering services.
B. Environmental, archaeological and historical assessment services required for the project.
C. Site surveying (topographic and boundary with utilities information)
D. Off-site paving, utilities and storm drainage system design services.
Randall Scott Architects appreciates the opportunity to submit the above Proposal and looks forward to
working with the City of Huntsville on these important Projects!
Thank you,
RANDALL SCOTT ARCHITECTS, INC.
Randall B. Scott, AIA
President & CEO
Existing Huntsville
Service Center
Existing Huntsville City Hall
Agenda Item #1c
Item/Subject: SECOND READING - Consider Ordinance 2020-16 amending Article 4: Use Regulations;
Article 5: Lot and Setback Regulations; Article 8: Signs; Article 10: Infrastructure and Public
Improvements; Article 12: Development Review and Approval Procedures; and Article 15: Terminology
and Definitions in the Development Code of the City of Huntsville, second reading.
Initiating Department/Presenter: Development Services
Presenter: Planning Division Staff
Recommended Motion: Move to approve Ordinance 2020-16 to amend language of the Development
Code.
Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse
economy.
Discussion: Since the adoption of the current Development Code in August of 2015, various
regulations within the Code have been revised for clarification purposes; to reflect changes in State
Laws; to reflect new trends in development; etc. This discussion form focuses on some additional
proposed changes to the Development Code that are needed for clarification purposes, to stay in
compliance with State Law, and to stay abreast with the new and increasing development which is
coming to Huntsville.
In the past several months the Planning Commission discussed, reviewed, and recommended
adoption to City Council of multiple proposed draft language revisions for the Development Code. The
Planning Commission discussed and reviewed the proposed draft language for the Code revisions on
November 21, 2019, December 5, 2019 and January 16, 2020. The Commission voted unanimously
to recommend approval of each of the proposed Code revisions.
Proposed Draft Code Language:
• Article 4: Use Regulations, Table 4-1: Use Table – Conditional Use Permits required
for Wireless Communications; RV Parks; Self-service Storage Facilities; and Wholesale,
Distribution and Storage facilities not entirely contained within in enclosed building;
only require a Conditional Use Permit (CUP) for a Purpose-Built Shared Housing
project, Attached, if within 200’ of a Neighborhood Conservation Development
District or if the project does not meet the Purpose-Built Shared Housing Design
Criteria. A CUP for a Purpose-Built Shared Housing project, Detached, is only required
if unable to meet the Purpose-Built Shared Housing Design Criteria.
• Article 4: Use Regulations, Add Section 4.210 Equipment Screening and Outdoor
Storage Requirements.
• Article 5: Lot and Setback Regulations – revise Section 5.800 Access to Lots.
• Article 8: Signs – revise Section 8.503.B pertaining to Signs in Downtown
Development District.
2/18/20
Agenda Item: 1c
CITY COUNCIL AGENDA
Agenda Item #1c
• Article 10: Infrastructure and Public Improvements – revise Section 10.402 Rights-of-
Way.
• Article 12: Development Review and Approval Procedures
o Revise Section 12.104.D Application Filing Date.
o Revise Section 12.706.B(3) (approval requirements for Minor Plat).
o Revise Section 12.707.E (2) & (3) (approval requirements for Preliminary Plans).
o Revise Section 12.708.D (3) & (4) (approval requirements for Final Plats).
o Revise Section 12.904 Application Filing (for variances).
o Add Sub-Section 12.307.C to set a submittal deadline of 72 hours prior to
Council action for a protest petition for a Development District (Zoning) Map
Amendment. This is necessary to allow staff adequate time to verify the
validity of the protest petition. A valid protest petition is required to be signed
by a minimum of 20% the owners of property located within 200’ of the
subject property.
• Article 15: Terminology and Definitions – Add Perpetual Access Easement and Shared
Driveway Easement definitions.
The Staff Discussion Form and Minutes from the December 5th and January 16th meetings of the
Planning Commission are attached.
Previous Council Action: The Development Code was adopted in 1986. Since that time, several
amendments have been adopted, many of those were minor changes to address specific issues. In April
of 2013, the City entered into a contract with Duncan and Associates to draft a Development Code
update. In June of 2014, Duncan and Associates held a joint workshop with the City Council and
Planning and Zoning Commission as an overview to the proposed changes to the code. The City Council
adopted the Development Code in its current form in August of 2015 with an effective date of August
31, 2015. Since that date, the Council has adopted amendments to the Development Code concerning
manufactured homes, trees in the right-of-way, billboards in the ETJ, and signs with dynamic displays,
sidewalks, low-density residential subdivision developments, purpose-built shared housing, and for
mobile food vendors.
A Public Hearing and the first reading of Ordinance 2020-16 was held before City Council on February
4, 2020.
Financial Implications:
☒There is no financial impact associated with this item.
Approvals: ☒City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Proposed Ordinance 2020-16 with Exhibit A
• Planning Comnmission Discussion Form from November 21, 2019
• Planning Commission Discussion Form from December 5, 2019
• Planning Commission Discussion Form from January 16, 2020
• Excerpt from minutes of the November 21, 219 Planning Commission meeting
• Excerpt from minutes of the December 5, 2019 Planning Commission meeting
• Excerpt from draft minutes of January 16, 2020 Planning Commission meeting
ORDINANCE 2020-16
AN ORDINANCE OF THE CITY OF HUNTSVILLE AMENDING CHAPTER 24 LAND
DEVELOPMENT OF THE HUNTSVILLE, TEXAS CODE OF ORDINANCES BY
ADOPTING REVISIONS TO THE DEVELOPMENT CODE OF THE CITY OF
HUNTSVILLE, TEXAS; REQUIRING THE PUBLICATION OF THIS ORDINANCE;
PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; PROVIDING FOR A PENALTY; MAKING
OTHER PROVISIONS AND FINDINGS THERETO; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Planning Commission of the City of Huntsville held public hearings prior to
consideration of amending the ordinance;
WHEREAS, the Planning Commission recommended adopting the updates to the City of
Huntsville Development Code; and
WHEREAS, the City Council held a public hearing at their meeting on February 4, 2020 prior to
consideration of amending the Ordinance; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, COUNTY OF WALKER, STATE OF TEXAS:
I. FINDINGS OF FACT
All of the above premises are hereby found to be true and correct legislative and factual findings
of the City of Huntsville, Texas, and are hereby approved and incorporated into the body of this
ordinance as if copied in their entirety.
II. AMENDMENT
The Development Code of the City of Huntsville, Texas, Article 4: Use Regulations; Article 5:
Lot and Setback Regulations; Article 8: Signs; Article 10: Infrastructure and Public Improvements;
Article 12: Development Review and Approval Procedures; and Article 15: Terminology and
Definitions shall be amended as shown in Exhibit A attached hereto and incorporated herein.
III. REPEALER
All ordinances or parts of ordinances in force when the provisions of this Ordinance becomes
effective which are inconsistent or in conflict with the terms and provisions contained in this
Ordinance are hereby repealed only to the extent of any such conflict.
IV. SEVERABILITY
Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held
to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as
a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or
unconstitutional.
V. EFFECTIVE DATE
This Ordinance shall take effect on ____________________. The City Secretary shall publish the
caption of this Ordinance in the official City newspaper at least twice within ten (10) days of its
passage.
VI. PROPER NOTICE AND MEETING
It is hereby officially found and determined that the meeting at which this Ordinance was passed
was open to the public and that public notice of the time, place and purpose of said meeting was
given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code. Notice
was also provided as required by Chapter 1 of the Development Code of the City of Huntsville,
Texas.
PASSED AND APPROVED on this the _______ day of _____________________, 2020.
THE CITY OF HUNTSVILLE, TEXAS
_________________________________
Andy Brauninger, Mayor
ATTEST:
_____________________________
Brenda Poe, City Secretary
APPROVED AS TO FORM:
_____________________________
Leonard Schneider, City Attorney
Article 4: Use Regulations
4.200 Supplemental Use Regulations
Huntsville Development Code: Effective 08.31.2015
4‐2
Table 4‐1 identifies additional regulations that apply to listed uses.
Compliance with supplemental regulations is required for both
permitted and conditional uses unless otherwise expressly stated.
Table 4‐1: Use Table
USE CATEGORY Definition/Description Districts Supplemental
Regulations Subcategory
Specific use
NC D M
P = Permitted by right | C = Conditional use approval required (Sec. 12.800) | X = Prohibited
RESIDENTIAL Uses that provide living accommodations for one or more persons.
Household Living Residential occupancy of a dwelling unit by a household. When dwelling
units are rented, tenancy is arranged on a month‐to‐month or longer
basis. Uses where tenancy may be arranged for a shorter period are not
considered residential; they are considered a form of lodging.
Detached house A single dwelling unit on a single lot, with private yards on all sides. P P P
Townhouse A single dwelling unit on a single lot that shares at least one common or
abutting wall with another attached house located on a separate lot.
X C P
Two‐unit house Two dwelling units within the same principal building, located on a
single lot. The 2 dwelling units are attached and may be located on
separate floors or side‐by‐side. Also known as “duplexes.”
X P P
Apartment/condo One or more residential buildings occupied by 3 or more dwelling units
that share common walls and/or common floors/ceilings.
X P P
Purpose‐Built Shared
Housing, Attached
One or more residential buildings occupied by 2 or more dwelling units
that share common walls and/or common floors/ceilings with rent‐by‐
bedroom individual leases.
X X P/C* *See Purpose‐ Built
Shared Housing
Design Criteria
Section
3.302.01.B.1
Purpose‐Built Shared
Housing, Detached
One or more single dwelling unit residential structures, with 3 or more
bedrooms each, on a single lot, with rent‐by‐bedroom individual leases.
X X P* *See Purpose‐ Built
Shared Housing
Design Criteria
Section3.302.01.B.2
Mobile/Manufactured
dwelling unit (outside of MH
park)
One or more mobile homes or manufactured dwelling units located on a
single lot outside of a mobile/manufactured home park. See also the
definition in Sec. 15.200.
X X P 4.203
Mobile/Manufactured home
park
A lot upon which multiple manufactured housing units are available for
lease or upon which multiple spaces intended for occupancy by
manufactured housing units are available for lease.
Mobile/manufactured home parks have an internal street network, park
management buildings and common areas for residents.
X X C
Recreational Vehicle (outside
of RV park)
One or more recreational vehicles located on a single lot outside of a
recreational vehicle park. See also the definition in Sec. 15.200.
X X X
Group Living Residential occupancy of a building or any portion of a building by a
group other than a household. Group living uses typically provide
communal kitchen/dining facilities.
Community home A community‐based residential home occupied by no more than 8
disabled persons and 2 nonresident supervisory personnel and that
otherwise complies with the Community Homes for Disabled Persons
Location Act, Chapter 123.001, Texas Human Resources Code.
P P P
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4Ǧ4
USECATEGORYDefinition/DescriptionDistrictsSupplemental
RegulationsSubcategory
Specificuse
NCDM
P=Permittedbyright|C=Conditionaluseapprovalrequired(Sec.12.800)|X=Prohibited
MajorInfrastructureservicesthattypicallyhavesubstantialvisualoroperational
impactsonnearbyareas.Typicalusesincludebutarenotlimitedtowater
andwastewatertreatmentfacilities,highǦvoltageelectricsubstations,
utilityǦscalepowergenerationfacilities(includingwind,solarandother
renewableandnonrenewableenergysources),sanitarylandfillsand
utilityǦscalewaterstoragefacilities,suchaswatertowersandreservoirs.
CCP
WirelessCommunicationsTowers,antennas,equipment,equipmentbuildingsandotherfacilities
usedintheprovisionofwirelesscommunicationservices.Thefollowing
arewirelesscommunicationfacilityspecificusetypes:
FreestandingtowerAstructureintendedtosupportequipmentthatisusedtotransmitand/or
receivetelecommunicationssignalsincludingmonopolesandguyedand
latticeconstructionsteelstructures.
XXP
C
Sec.4.206
BuildingortowerǦmounted
antenna
Thephysicaldevicethatisattachedtoafreestandingtower,buildingor
otherstructure,throughwhichelectromagnetic,wireless
telecommunicationssignalsauthorizedbytheFederalCommunications
Commissionaretransmittedorreceived.
P
C
P
C
P
C
COMMERCIALUsesthatprovideabusinessserviceorinvolvetheselling,leasingor
rentingofmerchandisetothegeneralpublic.Thecommercialuse
subcategoriesareasfollows.
AnimalServiceUsesthatprovidegoodsandservicesforthecareofanimals,including
groomingshops,boardingkennels,shelters,trainingfacilitiesand
veterinaryclinics.
XPP/C
[1]
[1]“C”within
200feetofNC
district;
otherwise”P”
AssemblyandEntertainmentUsesthatprovidegatheringplacesforparticipantorspectatorrecreation,
entertainmentorotherassemblyactivities.Assemblyandentertainment
usesmayprovideincidentalfoodorbeverageservice.Typicalusesinclude
gunclubs,shootingranges,ridingstablesandacademies,bowling
centers,cinemas,goǦcarttracks,miniaturegolfcourses,stadiums,arenas,
videoarcades,racetracks,fairgrounds,rodeogrounds,waterparks,
amusementparksandlivetheater.
XPP/C
[1]
[1]“C”within
200feetofNC
district;
otherwise”P”
CommercialServiceUsesthatprovideforconsumerorbusinessservicesandfortherepairand
maintenanceofawidevarietyofproducts.
BuildingServiceUsesthatprovidemaintenanceandrepairservicesforallstructuraland
mechanicalelementsofstructuresandtheirsurroundings.Typicaluses
includejanitorial,landscapemaintenance,extermination,plumbing,
electrical,HVAC,windowcleaningandsimilarservices.
XPP
BusinessSupportServiceUsesthatprovidepersonnelservices,printing,copying,photographic
servicesorcommunicationservicestobusinessesorconsumers.Typical
usesincludeemploymentagencies,daylaborhiringservices,armoredcar
services,copyandprintshops,caterers,telephoneansweringservicesand
photodevelopinglabs.
XPP
ConsumerMaintenanceand
RepairService
Usesthatprovidemaintenance,cleaningandrepairservicesforconsumer
goodsonasiteotherthanthatofthecustomer(i.e.,customersbring
goodstothesiteoftherepair/maintenancebusiness).Typicalusesinclude
laundryanddrycleaningpickǦupshops,tailors,taxidermists,dressmakers,
shoerepair,pictureframingshops,gunsmiths,locksmiths,vacuumrepair
shops,electronicsrepairshopsandsimilarestablishments.Businessthat
offerrepairandmaintenanceservicetechnicianswhovisitcustomers’
homesorplacesofbusinessareclassifiedasa“buildingservice.”
XPP
PersonalImprovementServiceUsesthatprovideavarietyofservicesassociatedwithpersonalgrooming,
instructionandmaintenanceoffitness,healthandwellǦbeing.Typical
usesincludebarbers,hairandnailsalons,dayspas,healthclubsandyoga
andmartialartsstudios.
XPP
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USECATEGORYDefinition/DescriptionDistrictsSupplemental
RegulationsSubcategory
Specificuse
NCDM
P=Permittedbyright|C=Conditionaluseapprovalrequired(Sec.12.800)|X=Prohibited
Mining/ExtractionTheextractionofoil,gas,minerals,topsoiloraggregateresources
fromtheground,whetherconductedbelowgradeoratgroundǦlevel.
Examplesincludeoilandgasextraction;quarryingordredgingfor
sand,gravelorotheraggregatematerials;miningandtopsoil
extraction.Alsoincludescrushing,washingandgradingminerals,top
soiloraggregateresources;manufactureofPortlandcement,concrete
orasphalticconcrete,atthesourceofsupplyofcrushedrock,sand,or
gravel.
UndergroundMiningorextractionthatoccurscompletelyundergroundPPP
SurfaceoraboveǦgroundMiningorextractionthatoccursaboveground,whetherinwholeorin
part
XXP/C
[1]
RecyclingFacilityUsesthatcollect,storeorprocessrecyclablematerialforthepurposeof
marketingorreusingthematerialinthemanufacturingofnew,reusedor
reconstitutedproducts.
[1]“C”within
200feetofNC
district;
otherwise”P”
RecyclableMaterialDropǦoff
Facility
Anestablishmentthatacceptsconsumerrecyclablecommoditiesdirectly
fromtheconsumingpartyandstoresthemtemporarilybefore
transferringthemtorecyclablematerialprocessingfacilities.
XPP
RecyclableMaterialProcessing
Facility
Establishmentsthatreceiveandprocessconsumerrecyclable
commoditiesforsubsequentuseinthesecondarymarket.
XXP/C
[1]
Wholesale,Distribution&
Storage
Usesthatprovideanddistributegoodsinlargequantities,principallyto
retailsales,commercialservicesorindustrialestablishments.LongǦterm
andshortǦtermstorageofsupplies,equipment,commercialgoodsand
personalitemsisincluded.
Wholesale,Distributionand
Storage(Indoor)
Wholesale,distributionandstorageusesconductedwithinacompletely
enclosedbuilding.
XPP
AllOtherWholesale,
DistributionandStorage
Wholesale,distributionandstorageusesotherthanthosemore
specificallyidentifiedabove.
XC
X
P/C
[1]
C
[1]“C”within
200feetofNC
district;
otherwise”P”
AllOtherIndustrialUsesIndustrialusesotherthanthosemorespecificallyidentifiedabove.XCP/C
[1]
[1]“C”within
200feetofNC
district;
otherwise”P”
AGRICULTUREUsessuchasgardens,farmsandorchardsthatinvolvetheraisingand
harvestingoffoodandnonǦfoodcropsandtheraisingoffarmanimals
Farming/GeneralAgricultureAnareamanagedandmaintainedbyanindividualorgroupof
individualstogrowandharvestcropsoranimalsforsaleor
distribution,
XXP
CommunityGardenAnareamanagedandmaintainedbyagroupofindividualstogrowand
harvestfoodcropsornonǦfoodcrops(e.g.,flowers)forpersonalorgroup
consumption,fordonationorforsalethatisincidentalinnature.
PPP
SupplementalUseRegulations
AccessoryUsesandStructures
Accessoryusesandstructuresarepermittedinconnectionwithlawfullyestablished
principalusesinaccordancewiththeregulationsofthissubsection.
4.201.AAllowedUsesandStructures
1.Thefollowingaccessoryusesandstructuresareallowedinall
developmentdistricts:
Article 4: Use Regulations
4.200 Supplemental Use Regulations
Huntsville Development Code: Effective 08.31.2015
4‐21
shared parking location
b. site plan showing:
i. location of shared parking
ii. total number of parking spaces available at shared
parking location
iii. land uses occurring on site at proposed shared
parking location, including square footages.
4.210 Equipment Screening and Outdoor Storage Requirements
4.201.A Equipment Screening
All accessory equipment associated with the operation of a
commercial facility, including but not limited to air conditioning
units, generators, and utility boxes, must be screened from view
of public rights‐of‐way and public access easements to the
maximum extent possible. Design of the equipment enclosure
must be architecturally compatible with the surrounding
environment and structures.
4.210.B Outdoor storage shall be limited to the following design and
operational standards:
1. Storage. Outdoor storage shall be limited to materials, products,
or equipment used, produced, or manufactured by a permitted
use.
2. Location. Outdoor storage areas shall be located to the rear or
side of the main building, away from the street frontage and
public ROW.
a. Outdoor storage areas shall not be located within, or occupy
any required parking areas, setback areas, or landscape areas,
or be on sidewalks or walkways.
3. Screening. All materials stored outside shall not be stacked to
exceed the height of the screening wall or fence. All storage,
e equipment, and activities related to outdoor storage shall be
completely surrounded on all sides by shielding fencing and/or
walls.:
Article 4: Use Regulations
4.200 Supplemental Use Regulations
Huntsville Development Code: Effective 08.31.2015
4‐22
4. Additional Screening Elements. Equipment and supplies related
to building material storage yards, contractor's storage yards,
lumberyards, manufacturing yards, and auto service and repair
shall be entirely inside an enclosed building or buildings, unless
the premises where such yards are located are entirely enclosed
by fences or walls, as described below:
a. In addition to fencing/wall standards above, all screening
fences/walls along a street frontage or adjacent to the
Neighborhood Conservation District shall employ a
minimum of one (1) of the following screening techniques to
be used to further shield outdoor storage areas:
i. Planting with sufficient vines or climbing ivy of an
acceptable density to ensure complete view‐obstructing
screening within two (2) years of planting.
ii. Combination of landscaped berm and solid masonry
block wall meeting height requirements. Trees of the
evergreen variety or other year‐round, leaf‐bearing type
shall be planted and shall exceed the minimum height.
iii. Combination of trees and shrubs of the evergreen
variety, or other similar year‐round, leaf‐bearing type,
with proper planting spacing to encroach over the fence.
Article 4: Use Regulations
4.200 Supplemental Use Regulations
Huntsville Development Code: Effective 08.31.2015
4‐23
Such plants shall be of such variety and shall be clustered
so as to allow only minimal gaps between foliage of
mature trees and shrubs within one (1) year after
planting.
iv. Evergreen shrubs or other similar year‐round, leaf‐
bearing shrub, appropriately planted to form a solid
hedge with a minimum of eight (8) feet in height within
one (1) year after planting.
Article 8: Signs
8.500: On‐Premise Signs
Huntsville Development Code: Effective 08.31.2015
8‐6
8.502.B Development, Neighborhood and Subdivision Identification Signs
1. Residential developments, neighborhoods and subdivisions,
including manufactured housing parks, are allowed a single
freestanding sign at each street entrance to the development,
neighborhood or subdivision.
2. Residential development, neighborhood and subdivision
identification signs must be monument signs. They may not exceed
32 square feet in area or 0.20 square feet of sign area per linear foot
of street frontage, whichever is greater, but in no case may the sign
exceed 150 square feet in area. The maximum sign area calculation
must be based on the street frontage to which the sign is oriented.
8.502.C Nonresidential Uses
The following regulations apply to all principal nonresidential uses in
NC districts.
1. Wall Signs
Nonresidential uses in NC districts are allowed a maximum of one
wall sign per public building entrance. Such signs may not exceed
32 square feet in area.
2. Freestanding Signs
Nonresidential uses in NC districts are allowed a maximum of one
freestanding sign per street frontage. Allowed freestanding signs
are subject to a maximum height limit of 20 feet and may not
exceed 32 square feet in area or 0.20 square feet of sign area per
linear foot of street frontage, whichever is greater, but in no case
may the sign exceed 150 square feet in area. The maximum sign
area calculation must be based on the street frontage to which the
sign is oriented.
Signs in D, M and PD Districts
8.503.A Applicability
The regulations of this subsection apply to on‐premise signs accessory
to nonresidential uses in all D, M and PD districts. These are in addition
to any exempt signs allowed pursuant to Sec. 8.300.
8.503.B Historic Preservation Commission Review in Downtown District
All signs constructed in the Downtown (D) district must be presented to
the historic preservation commission for review and approval. No sign
permit may be issued until the historic preservation commission has
approved the sign.
8.503.B Historic Preservation Compatibility Review in Downtown District
All signs constructed in the Downtown (D) district will be
administratively reviewed for compatibility with the goals of the
Historic Preservation Commission, namely to protect and enhance
Huntsville’s attractiveness to visitors and the support and stimulus to
the economy thereby provided.
Article 12: Development Review and Approval Procedures
12.100: Common Provisions
Huntsville Development Code: Effective 08.31.2015
12‐3
6. The City Planner may require that applications or plans be revised
before being placed on an agenda for possible action if the City
Planner determines that:
(a) The application or plan contains one or more significant
inaccuracies or omissions that hinder timely or competent
evaluation of the plan’s/application’s compliance with
Development Code requirements or other regulations;
(b) The application contains multiple minor inaccuracies or
omissions that hinder timely or competent evaluation of the
plan’s/application’s compliance with Development Code
requirements or other regulations; or
(c) The decision‐making body does not have legal authority to
approve the application or plan.
12.104.D Application Filing Date
For the purposes of calculating any time frames required, pursuant to
this Development Code or state law, for processing applications, the
date of application filing is deemed to be the date on which a complete
application (including any plan or plat, as applicable) is submitted to the
City Planner. an application is deemed complete by the City Planner.
An application will be considered vested on the date it is deemed
complete by the City Planner.
Application Processing Cycles
The City Planner, after consulting with review and decision‐making bodies, is
authorized to promulgate reasonable cycles and timelines for processing
applications, including filing deadlines for receipt of complete applications.
Public Hearing Notices
The public hearing notice requirements described in this article are in addition to
the general requirements of the Texas Open Meetings Act.
12.106.A Mailed Notice
Except as otherwise expressly stated, when the procedures of this
Development Code require that mailed notice be provided, the notice
must be mailed to all owners of land within 300 feet of the lot lines of
the land that is the subject of the application. Ownership information
must be taken from the most recent City property tax records, except
that when land is owned by a condominium association, notice must be
given to the condominium association. Notice will be deemed to have
been mailed on the date that it is deposited in United States Postal
Service mail, properly addressed with postage prepaid. The failure of a
property owner to receive notice is not cause for renotification or
hearing postponement and does not invalidate any action taken on the
application if a good faith attempt was made to comply with the notice
requirements of this section.
Commentary: As a matter of practice, the City may provide additional forms of public hearing notice or
otherwise exceed the minimum notice requirements prescribed by law.
Article 12: Development Review and Approval Procedures
12.900: Variances
Huntsville Development Code: Effective 08.31.2015
12‐32
improvement standards of Article 10.) Note: waivers and modifications
of subdivision‐related requirements may be considered concurrently
with review of a major subdivision (See Sec. 12.705).
Authority to File
Variance applications may be filed by the subject property owner or by the property
owner’s authorized agent.
Application Filing
12.904.A A Pre‐Application Meeting is required before an application may be filed.
12.904.B Complete applications for variances must be filed with the City Planner.
Notice of Hearing
Notice of the Board of Adjustment’s required public hearing on a variance request
must be mailed and posted, in accordance with §12.106.A and §12.106.C. Notice
must also be mailed to any individuals who have, in writing, requested such
notification. Required notices must be mailed and posted at least 11 days before
the public hearing.
Hearing and Final Decision—Board of Adjustment
12.906.A Following receipt of a complete application, the Board of Adjustment
must hold a public hearing to consider the requested variance.
12.906.B Following the close of the public hearing, the Board of Adjustment
must make its findings of fact and act to approve the requested
variance, approve the variance with modifications and/or conditions, or
deny the variance request based on the standards and review criteria of
Sec. 12.907.
12.906.C Approval of a variance requires an affirmative vote of at least 4
members of the Board of Adjustment.
Standards and Review Criteria
12.907.A No variance may be approved unless the Board of Adjustment finds
that the variance to be approved is consistent with the spirit and intent
of this Development Code and that strict compliance with the subject
provisions would result in an unnecessary hardships for the subject
property owner.
12.907.B In its consideration of whether a variance request has met the standard
of unnecessary hardship, the Board of Adjustment must make all of the
following findings from the evidence presented:
1. The variance is necessary to overcome a condition of the property
itself;
2. The condition necessitating the variance is unique to the subject
property;
3. The condition necessitating the variance was not created by the
subject property owner;
PLANNING COMMISSION AGENDA ITEM
DISCUSSION FORM
Prepared by: Janet Ridley, City Planner
Leigha Larkins, Planner
MEETING DATE: November 21, 2019
SUBJECT: Proposed Development Code Revisions
Since the adoption of the current Development Code in August of 2015, various regulations
within the Code have been revised for clarification purposes; to reflect changes in State Laws;
as required to reflect new trends in development; etc. This discussion form focuses on some
additional proposed changes to the Development Code that are needed in order to stay in
compliance with State Law and to stay abreast with the new development which is coming to
Huntsville.
The following is the punch list compiled by City Staff to date for proposed revised Code
Language. This list is not all inclusive and staff may add some proposed Code Language
revisions before the November 21st meeting. These will be provided for you at the meeting.
• Article 4: Use Regulations, Table 4-1: Use Table – Conditional Use Permits required for
Wireless Communications; RV Parks; Self-service Storage Facilities; and Wholesale,
Distribution and Storage facilities not entirely contained within in enclosed building.
• Article 4: Use Regulations, Add Section 4.210 Equipment Screening and Outdoor
Storage Requirements.
• Article 5: Lot and Setback Regulations – revise Section 5.800 Access to Lots.
• Article 8: Signs – revise Section 8.503.B pertaining to Signs in Downtown Development
District.
• Article 10: Infrastructure and Public Improvements – revise Section 10.402 Rights-of-
Way.
• Article 12: Development Review and Approval Procedures – revise Section 12.104.D
Application Filing Date.
• Article 12: Development Review and Approval Procedures – revise Section 12.904
Application Filing.
STAFF RECOMMENDATION:
Staff does not have a recommendation as this Agenda Item is for review and discussion of the
proposed Code Language revisions only.
ATTACHMENTS:
Proposed Code Language Revisions
PLANNING COMMISSION AGENDA ITEM
DISCUSSION FORM
Page 1 of 2
Prepared by: Janet Ridley, City Planner
Leigha Larkins, Planner
MEETING DATE: December 5, 2019
SUBJECT: Proposed Development Code Revisions
Since the adoption of the current Development Code in August of 2015, various regulations
within the Code have been revised for clarification purposes; to reflect changes in State Laws;
as required to reflect new trends in development; etc. This discussion form focuses on some
additional proposed changes to the Development Code that are needed for clarification
purposed, to stay in compliance with State Law, and to stay abreast with the new and increasing
development which is coming to Huntsville.
The Planning Commission discussed and reviewed the proposed draft language for the Code
revisions on November 21, 2019. The Commission unanimously agreed with each of the
proposed Code revisions. The Commission did request that the draft code language for the
revision of Section 8.503.B pertaining to signs in the Downtown Development District reference
the specific State Historical Preservation document(s) to be used for regulating/permitting the
signs. The Commission also requested that the draft code language for the revision of Section
12.904 pertaining to Application Filing for variances state that the required Pre-Application
meeting be with the City Planner. The draft language for these Code Sections have been
updated to reflect these requests.
This Agenda Item is for the Commission to consider recommending to City Council that the draft
Code Language for the revision of the Development Code be adopted.
STAFF RECOMMENDATION:
Planning Commission should recommend that the draft Code Language for the proposed
revision of the Development Code be adopted by City Council.
ATTACHMENTS:
Proposed Draft Code Language
• Article 4: Use Regulations, Table 4-1: Use Table – Conditional Use Permits required for Wireless
Communications; RV Parks; Self-service Storage Facilities; and Wholesale, Distribution and
Storage facilities not entirely contained within in enclosed building.
• Article 4: Use Regulations, Add Section 4.210 Equipment Screening and Outdoor Storage
Requirements.
• Article 5: Lot and Setback Regulations – revise Section 5.800 Access to Lots.
• Article 8: Signs – revise Section 8.503.B pertaining to Signs in Downtown Development District.
• Article 10: Infrastructure and Public Improvements – revise Section 10.402 Rights-of-Way.
• Article 12: Development Review and Approval Procedures
o Revise Section 12.104.D Application Filing Date.
o Revise Section 12.706.B(3) (approval requirements for Minor Plat).
Planning Commission – Proposed Development Code Revisions
December 5, 2019
Page 2 of 2
o Revise Section 12.707.E (2) & (3) (approval requirements for Preliminary Plans).
o Revise Section 12.708.D (3) & (4) (approval requirements for Final Plats).
o Revise Section 12.904 Application Filing (for variances). • Article 15: Terminology and Definitions – Add Perpetual Access Easement and Shared Driveway
Easement definitions.
PLANNING COMMISSION AGENDA ITEM
DISCUSSION FORM
Page 1 of 2
Prepared by: Janet Ridley, City Planner
Leigha Larkins, Planner
MEETING DATE: January 16, 2020
SUBJECT: Proposed Development Code Revisions
Since the adoption of the current Development Code in August of 2015, various regulations
within the Code have been revised for clarification purposes; to reflect changes in State Laws;
as required to reflect new trends in development; etc. This discussion form focuses on some
additional proposed changes to the Development Code that are needed for clarification
purposes.
In the past several months the Planning Commission discussed and reviewed and
recommended adoption to City Council of multiple proposed draft language revisions for the
Development Code. The City Council will hold a public hearing and first reading of an Ordinance
to adopt the Code Language on February 4, 2020. Since the last Planning Commission
meeting in December 2019, two (2) additional code language revisions are being brought
forward by Staff. These are:
1. Article 4: Use Regulations relating to Purpose-Built Shared Housing; and
2. Article 12: Development Review and Approval Procedures relating to protest petitions
for Development District Map Amendments (Zoning Changes).
Staff proposes that the code language be revised in Article 4 to only require a Conditional Use
Permit (CUP) for a Purpose-Built Shared Housing project, Attached, if within 200’ of a
Neighborhood Conservation Development District or if the project does not meet the Purpose-
Built Shared Housing Design Criteria. A CUP for a Purpose-Built Shared Housing project,
Detached, is only required if unable to meet the Purpose-Built Shared Housing Design Criteria.
Staff proposes that the code language be revised in Article 12 to set a submittal deadline of 72
hours prior to Council action for a protest petition for a Development District (Zoning) Map
Amendment. This is necessary to allow staff adequate time to verify the validity of the protest
petition. A valid protest petition is required to be signed by a minimum of 20% the owners of
property located within 200’ of the subject property.
Should the Commission find that these code language revisions are warranted and recommend
adoption to City Council, they will be added to those that are going before City Council on
February 4, 2020.
Proposed code draft language for these two items are attached along with proposed revision of
the Purpose-Built Shared Housing Design Criteria.
STAFF RECOMMENDATION:
Planning Commission should recommend that the draft Code Language for the proposed
revisions of the Development Code be adopted by City Council.
Planning Commission – Proposed Development Code Revisions
January 16, 2020
Page 2 of 2
ATTACHMENTS:
Proposed Draft Code Language
• Article 4: Use Regulations, Table 4-1: Use Table – Conditional Use Permit required for Purpose-
Built Shared Housing, Attached, only if located within 200’ of Neighborhood Conservation
Development District or if unable to meet the Purpose-Built Shared Housing Design Criteria.
Conditional Use Permit required for Purpose-built Shared Housing, Detached, only if unable to
meet the Purpose-Built Shared Housing Design Criteria.
• Article 12: Development Review and Approval Procedures
o Add Sub-Section 12.307.C to require that a protest petition for a Development District
Map Amendment be submitted 72 hours prior to Council action.
• Revised Purpose-Built Shared Housing Design Criteria, Section 3.302.01 Residential
Development Standards to clarify CUP requirements.
Excerpt from the November 21, 2019 Planning Commission Minutes
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.
Excerpt from the December 5, 2019 Planning Commission Minutes
7. CONSIDER amending Article 4: Use Regulations; Article 5: Lot and Setback Regulations; Article
8: Signs; Article 10: Infrastructure and Public Improvements; Article 12: Development Review
and Approval Procedures; and Article 15: Terminology and Definitions of the Development
Code for the purpose of clarification, regulation, and compliance with State Local Government
Code.
City Planner, Janet Ridley, made note that Section 8.503.B pertaining to signs in the Downtown
Development District has language added that specifically refers to “The Secretary of the Interior’s Standard
for the Treatment of Historic Properties” document that is to be used to review signs. Also, the draft language
for Section 12.904 pertaining to Application Filing for variances has been revised to state that the required
Pre-Application meeting be with the Planning Division.
Commissioner Hooten moved to recommend to City Council the amending of the designated Articles of the
Development Code per the proposed draft language. Second was by Commissioner Nichols. The vote was
unanimous.
Excerpt from the Draft Minutes of the January 16, 2020 Planning
Commission Meeting
8. PUBLIC HEARING to take testimony concerning revised code language for amending Article 4: Use
Regulations and Article 12: Development Review and Approval Procedures relating to regulation of
Purpose-Built Shared Housing.
Commissioner Woods opened the Public Hearing.
There were no citizens present to express support or opposition.
Commission Woods closed the Public Hearing.
9. DISCUSS, REVIEW AND CONSIDER revised code language for amending Article 4: Use Regulations
and Article 12: Development Review and Approval Procedures relating to regulation of Purpose-Built
Shared Housing and Development District Map Amendment protest petitions and revised language for
Purpose-Built Shared Housing Design Criteria Section 3.302.01 Residential Development Standards relating
to Conditional Use Permit requirements.
City Planner, Janet Ridley, provided an update of the proposed regulations per the staff discussion form.
It was noted that, with Commission recommendation, the code language revision will be added to those
previously approved by the Commission. The Public Hearing and first reading of the Ordinance for all of the
proposed code language revisions will be at the February 4, 2020 City Council meeting. Additionally, with
Commission approval, staff will revise Section 3.302.01 Residential Development Standards of the Purpose-
Built Shared Housing Design Criteria to add the following criteria for determination of when a Conditional
Use Permit (CUP) is required for a Purpose-Built Shared Housing development.
• “Attached” Developments CUP required – (a) when a project does not conform to the
design criteria manual; (b) when a project is located within 200’ of a Neighborhood
Conservation District or (c) if the project exceeds a density of 29 dwelling units per acre.
• “Detached” Developments CUP required when a project does not conform to the design
criteria manual.
Commissioner Whitehead moved to recommend to City Council the amending of the designated
Articles of the Development Code per the proposed draft language and to also approve the revision
to the Purpose-Built Shared Housing Design Criteria relating to CUP requirements. Second was
by Commissioner Jenkins. The vote was unanimous.
Agenda Item #1d
Item/Subject: Consider the purchase of new playground equipment to replace the existing
playground equipment at Kate Barr Ross Park.
Initiating Department/Presenter: Parks & Leisure
Presenter: Penny Joiner, Director of Parks & Leisure
Recommended Motion: Move to approve the purchase of new playground equipment at Kate Barr
Ross Park from The PlayWell Group in the amount of $105,390.63.
Strategic Initiative: Goal #1 - City Appearance - Provide policies, amenities, and events that enhance
the City’s already beautiful and historic natural environment.
Discussion:
The purchase of the new playground equipment at Kate Barr Ross Memorial Park will allow staff to
replace the existing play modules which are dated and worn. Kate Barr Ross Park currently has two
large combination play modules, a swing set, and a hang-around swing. It is becoming very difficult to
find parts when repairs are needed. The new playground equipment will include two combination
modules, a swing set, and two spinning modules.
Three companies were contacted about playground equipment. After description of the City’s vision,
these three agencies submitted quotes with pictures of their recommended playground equipment.
Upon review, staff informed the Parks and Recreation Advisory Board of their intentions to purchase
the play modules from The PlayWell Group, Inc. due to the diversity of the equipment on February 10,
2020. The Parks Board unanimously voted to recommend approval for the purchase of the new
playground equipment attached. Not only did staff want to update with new equipment, but they also
wished to follow the trends of newer playgrounds.
Previous Council Action: On September 17, 2019, City Council approved the FY 2019-20 annual budget
which allowed for $115,000 to purchase new playground equipment at Kate Barr Ross Park.
Financial Implications:
☒Item is budgeted: 815-81571-62300 In the amount of $115,000
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Quote for Playground Equipment
• Quote for Delivery and Installation of Playground Equipment
• Drawing of Playground Equipment
2/18/20
Agenda Item: 1d
CITY COUNCIL AGENDA
The PlayWell Group, Inc.
Toll Free: (800)726-1816 Fax: (505) 296-8900
TEXAS CORPORATE OFFICE, SALES OFFICE & PROCESSING CENTER
203A State Highway 46 East
Boerne, TX 78006
Colorado Sales Office
11757 W. Ken Caryl Ave. Suite #F-231
Littleton, CO 80127
Arkansas Sales Office
6929 JFK Blvd., Suite 20-16
N. Little Rock, AR 76116
Oklahoma Sales Office
5030 North May, Suite 129
Oklahoma City, OK 73112
New Mexico Sales Office
9430 San Mateo Blvd NE Unit G
Albuquerque, NM 87113
TERMS AND CONDITIONS
INVOICE TERMS
Tax funded and bonded projects only, Net 30 days. All other entities required 50% down and balance Net 30. All past due amounts will
be subject to a finance charge in accordance with the Texas Prompt Payment Act, Chapter 2251, Texas Government Code.
Delay of Installation (if applicable): If the Customer delays the installation, the stored product will be invoiced with a term of
Net 30.
OPEN ACCOUNT
Credit terms are available to municipalities, government agencies, school systems, bonded contractors, and businesses (with prior
approved credit). To establish credit your organization must have a satisfactory rating with Dun & Bradstreet and provide three credit
references. To establish credit, your initial order must total at least $10,000.00. 50% deposit is required on all orders from non-tax
funded entities. Prepayment may be required for any order at The PlayWell Group, Inc. sole discretion.
METHODS OF PAYMENTS
MasterCard, Visa, American Express, money order, checks. Sorry no C.O.D. orders.
FEDERAL/STATE GOVERNMENT AND CO-OP’S CONTRACT
Available for Federal/State Government, Co-Op’s and agency accounts on many items. Call your Sales Consultant for information.
SALES TAX
Will be added to the invoice, except when a tax-exempt/resale certificate is furnished, or your entity qualifies in your state as tax
exempt.
FREIGHT CHARGES/DELIVERY TERMS
All shipments are F.O.B factory, except where specifically stated otherwise. Delivery of materials is up to eight weeks from the order
date, plus a few days for transit, unless otherwise noted. Every effort is made to comply with scheduled shipping dates: however, The
PlayWell Group, Inc. is not liable for any loss or damage arising out of delay in delivery of any of its products due to causes beyond
the control of the Company.
DAMAGE/SHORTAGE CLAIMS
All claims for concealed loss or damage to product must be noted on the Bill of Lading or delivery ticket and reported immediately to
our Customer Service Department. All claims for product damage and shortage via common carrier must be promptly made by
consignee (customer) direct to The PlayWell Group’s Customer Service Department. When reporting damage, be sure to hold all
containers and packing materials for inspection (claims should be filed within 15 days of receipt of shipment).
RETURNS/CANCELLATIONS
No merchandise is to be returned without first obtaining written authorization from The PlayWell Group, Inc. Please provide invoice
number, date and reason for your return. Any authorized merchandise must be carefully packed and in saleable condition to be
accepted for return. A 25% (of list price) re-stocking charge plus freight to and from the manufacturer applies on all returned
merchandise when error is not the fault of The PlayWell Group. All returned merchandise must be shipped insured and freight
prepaid. Orders cancelled prior to shipment will be charged 10% of list price. Once the material has been installed, no refund will be
granted.
FREIGHT CARRIER INFORMATION
All freight is shipped unassembled via common carrier. Made via common carrier to the end user, the customer is responsible for
unloading all deliveries.
COLOR CHOICES
Be sure to specify color selections when ordering. Please sign attached Color Selection Form (if applicable).
INSTALLATION
Installation/Prices are not included on this Quotation. A separate installation quotation must be included with your order if installation
is required.
PLAYGROUND SURFACING WARNING
All play equipment must be installed over impact absorbing surface. Go to www.cpsc.gov for more information.
PRODUCT WILL BE ORDERED IMMEDIATELY UPON RECEIPT OF WRITTEN APPROVALS. Please
email or fax all pages.
Sales Quote #: ______________________________ Purchase Order #: ___________________________
Signature: __________________________________Date: ______________________________________
QUOTATION
1/9/2020QUOTE #14640
BILL TO:
City of Huntsville
Accounts Payable
450 Highway 75 North
Huntsville, TX 77320
SHIP TO:
City of Huntsville
Kate Barr Ross Memorial Park
John Agey
486 State Highway 75 North
Huntsville, TX 77340
CUST. PO #TERMS
NET 30
QUOTE EXPIRATION
2/8/2020
SALES REP
KRW
COUNTY
WALKER
Phone: (936) 291-5495 Phone: (936) 577-2030
ITEM DESCRIPTION LIST PRICEQTY DISC. PRICE TOTAL
PLAYCRAFT
R502Z5F3A CUSTOM PLAY SYSTEM 37540.801 31,909.68 31,909.68
R5063AC7A RH3 CUSTOM PLAY SYSTEM 21227.401 18,043.29 18,043.29
PC-2123-FB-ADA-AB ARCH SWING (LEFT, 1FB, 1INC)2387.881 2,029.70 2,029.70
PC-2123-2B-AB 3.5" ARCH SWING (2-BELTS), 2B ADD-A-BAY 1586.522 1,348.54 2,697.08
PC-2015 DISC SWING 5469.121 4,648.75 4,648.75
PC-2472 SPIN MAX, ORBIT 20790.001 17,671.50 17,671.50
PC-2478 SPIN MAX POD 3337.201 2,836.62 2,836.62
SHIP SHIPPING AND HANDLING 5355.001 5,355.00 5,355.00
Signature _____________________________________
QUOTE VALID FOR 30 DAYS. Product will be ordered upon receipt of written
approvals and/or deposit. Please email or fax all pages.
PLEASE REMIT YOUR DEPOSIT TO:
THE PLAYWELL GROUP, INC.
203A STATE HIGHWAY 46 EAST
BOERNE, TX 78006
Date __________________ TOTAL $85,191.62
SUBTOTAL $85,191.62
SALES TAX (0.0%)$0.00
PlayWorks, Inc.
Toll Free: (800)726-1816 Fax: (505) 296-8900
TEXAS CORPORATE OFFICE, SALES OFFICE & PROCESSING CENTER
203A State Highway 46 East
Boerne, TX 78006
Colorado Sales Office
11757 W. Ken Caryl Ave. Suite #F-231
Littleton, CO 80127
Arkansas Sales Office
6929 JFK Blvd., Suite 20-16
N. Little Rock, AR 76116
Oklahoma Sales Office
5030 North May, Suite 129
Oklahoma City, OK 73112
New Mexico Sales Office
9430 San Mateo Blvd NE Unit G
Albuquerque, NM 87113
TERMS AND CONDITIONS
INVOICE TERMS
Tax funded and bonded projects only Net 30 days. Finance charge of 1.5% per month or maximum
allowable by law will be added to past due balance. All other entities required 50% down and balance
due upon completion.
OPEN ACCOUNT
Credit terms are available to municipalities, government agencies, school systems, bonded contractors, and
businesses (with prior approved credit). To establish credit your organization must have a satisfactory rating with
Dun & Bradstreet and provide three credit references. To establish credit, your initial order must total at least
$10,000.00. 50% deposit is required on all orders from non-tax funded entities. Prepayment may be required for any
order at PlayWorks, Inc. sole discretion.
METHODS OF PAYMENTS
MasterCard, Visa, American Express, money order, checks. Sorry no C.O.D. orders.
CO-OP CONTRACT’S
Available for Co-Op’s and agency accounts on many items.
PLAYGROUND SURFACING WARNING
All play equipment must be installed over impact absorbing surface. Go to www.cpsc.gov for more information.
ROCK CLAUSE
PlayWorks, Inc. reserves the right to charge for additional manpower and equipment rental if subcontractors
encounter rock that cannot be penetrated to drill installation holes with a mechanical auger. Every effort will be made
prior to installation to determine if additional rock charges may be required. PlayWell’s Sales Associate will notify
you and meet with you at the work site to review the conditions requiring additional charges.
SITE ACCESS
First off, you’ll need a level site to make it free of any obstacles that might encroach upon the required fall zone for
your design. Dig-Tess (1(800) Dig-Tess) will call all the possible utility companies that may have underground cables
or piping running beneath the play area to mark where their runs might be. The site for equipment to be installed
must be accessible by heavy machinery (trucks, trailers, and Bobcats). In the event this equipment is used at your
site, please note there may be signs of access afterwards. PlayWorks, Inc. subcontractors will try to keep this to a
minimum.
WEATHER DELAY
Unusual weather patterns, heavy rain, lightning or thunder conditions, and flooding “acts of God” or natural disaster,
wherein the project site is determined to be unworkable. The installation of your equipment will be delayed.
INSTALLATION WILL BE ORDERED IMMEDIATELY UPON RECEIPT OF WRITTEN
APPROVALS. Please email or fax all pages.
Installation Quote #: _________________________ Purchase Order #: ________________________________
Signature: _________________________________ Date: ___________________________________________
INSTALLATION QUOTE
1/9/2020QUOTE #
6022
BILL TO:
City of Huntsville
Accounts Payable
448 State Highway 75 North
Huntsville, TX 77320
INSTALLATION SITE:
City of Huntsville
Kate Barr Ross Memorial Park
John Agey
486 Highway 75 North
Huntsville, TX 77340
CUST. PO#TERMS
NET 30
QUOTE EXPIRATION
2/8/2020
SALES REP
KRW
COUNTY
WALKER
Phone: (936) 291-5495 Phone: (936) 577-2030
ITEM DESCRIPTION QTY LIST PRICE TOTAL
DELIVERED AND INSTALLED BY WADE CONTRACTORS
R502A5F3A R5 CUSTOM PLAY SYSTEM 1 8,073.29 8,073.29
R5063AC7A RH3 CUSTOM PLAY SYSTEM 1 4,565.03 4,565.03
PC-2123-FB-ADA-AB ARCH SWING (LEFT, 1FB, 1INC)1 513.53 513.53
PC-2123-2B-AB 3.5" ARCH SWING (2-BELTS) ADD-A-BAY 2 341.18 682.36
PC-2015 DISC SWING 1 1,176.15 1,176.15
PC-2472 SPIN MAX, ORBIT 1 4,470.97 4,470.97
PC-2478 SPIN MAX POD 1 717.68 717.68
Signature _____________________________________
QUOTE VALID FOR 30 DAYS. Install will be ordered upon receipt of written
approvals and/or deposit.
PLEASE REMIT PAYMENT TO:
PLAYWORKS, INC.
203A STATE HIGHWAY 46 EAST
BOERNE, TX 78006
Date __________________
TOTAL $20,199.01
KATE BARR ROSS PARKTOP VIEW
STRUCTURE#: R502A5F3B
PROJECT#: PWG205B0A3C
DATE: 1/8/2020 | DRAWN BY: Nathaniel
PLAYCRAFT REP:
The PlayWell Group, Inc.MIN. USE ZONE: 43' x 34'
GENERAL NOTES:
This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions.
WARNING: Accessible safety
surfacing material is required
beneath and around this
equipment that has a critical
height value (Fall Height)
appropriate for the highest
accessible part of this
equipment. Refer to the CPSC'S
Handbook For Public
Playground Safety, Section 4:
Surfacing.
R5
FOR KIDS
AGES
5-12
ADA ACCESSIBILITY GUIDELINE -ADAAG CONFORMANCE
ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES
3 3/2 0 3/1 1/1
KATE BARR ROSS PARKTOP VIEW
STRUCTURE#: R5063AC7B
PROJECT#: PWG205B0A3C
DATE: 1/8/2020 | DRAWN BY: Nathaniel
PLAYCRAFT REP:
The PlayWell Group, Inc.MIN. USE ZONE: 37' x 31'
GENERAL NOTES:
This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions.
WARNING: Accessible safety
surfacing material is required
beneath and around this
equipment that has a critical
height value (Fall Height)
appropriate for the highest
accessible part of this
equipment. Refer to the CPSC'S
Handbook For Public
Playground Safety, Section 4:
Surfacing.
RH3
FOR KIDS
AGES
2-5
ADA ACCESSIBILITY GUIDELINE -ADAAG CONFORMANCE
ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES
5 5/3 0 3/2 3/2
KATE BARR ROSS PARKTOP VIEW
STRUCTURE#: FREPC2015+2123AB
PROJECT#: PWG205B0A3C
DATE: 1/8/2020 | DRAWN BY: Nathaniel
PLAYCRAFT REP:
The PlayWell Group, Inc.MIN. USE ZONE: 57' x 31'
GENERAL NOTES:
This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions.
WARNING: Accessible safety
surfacing material is required
beneath and around this
equipment that has a critical
height value (Fall Height)
appropriate for the highest
accessible part of this
equipment. Refer to the CPSC'S
Handbook For Public
Playground Safety, Section 4:
Surfacing.
No
ne
FOR KIDS
AGES
5-12
ADA ACCESSIBILITY GUIDELINE -ADAAG CONFORMANCE
ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES
0 0/0 0 7/0 1/0
KATE BARR ROSS PARKTOP VIEW
STRUCTURE#: FREPC2472
PROJECT#: PWG205B0A3C
DATE: 1/8/2020 | DRAWN BY: Nathaniel
PLAYCRAFT REP:
The PlayWell Group, Inc.MIN. USE ZONE: 26' x 27'
GENERAL NOTES:
This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions.
WARNING: Accessible safety
surfacing material is required
beneath and around this
equipment that has a critical
height value (Fall Height)
appropriate for the highest
accessible part of this
equipment. Refer to the CPSC'S
Handbook For Public
Playground Safety, Section 4:
Surfacing.
No
ne
FOR KIDS
AGES
5-12
ADA ACCESSIBILITY GUIDELINE -ADAAG CONFORMANCE
ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES
0 0/0 0 1/0 1/0
KATE BARR ROSS PARKTOP VIEW
STRUCTURE#: FREPC2478
PROJECT#: PWG205B0A3C
DATE: 1/8/2020 | DRAWN BY: Nathaniel
PLAYCRAFT REP:
The PlayWell Group, Inc.MIN. USE ZONE: 16' x 16'
GENERAL NOTES:
This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions.
WARNING: Accessible safety
surfacing material is required
beneath and around this
equipment that has a critical
height value (Fall Height)
appropriate for the highest
accessible part of this
equipment. Refer to the CPSC'S
Handbook For Public
Playground Safety, Section 4:
Surfacing.
No
ne
FOR KIDS
AGES
5-12
ADA ACCESSIBILITY GUIDELINE -ADAAG CONFORMANCE
ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES
0 0/0 0 1/0 1/0
KATE BARR ROSS PARKSITE PLAN
PROJECT#: PWG205B0A3C
DATE: 1/8/2020 | DRAWN BY: Nathaniel
PLAYCRAFT REP:
The PlayWell Group, Inc.MIN. USE ZONE: 216' x 131'
GENERAL NOTES:
This Preliminary Site Plan is based on measurements that were provided in the initial planning phase. All dimensions must be verified prior to the submission of a purchase order. Playcraft Systems will not be held responsible for any discrepancies between actual dimensions and dimensions submitted in the planning
phase.
The Minimum Use Zone for a
play structure is based on the
product design at the time of
proposal. Components and
structure designs may be
subject to change which may
affect dimensions. Therefore,
before preparing the site, we
strongly recommend obtaining
final drawings from the factory
(available after the order is
placed and included in the
Assembly Manual).
WARNING: Accessible safety
surfacing material is required
beneath and around this
equipment that has a critical
height value (Fall Height)
appropriate for the highest
accessible part of this
equipment. Refer to the CPSC'S
Handbook For Public
Playground Safety, Section 4: Surfacing.
R5
FOR KIDS
AGES
[Mixed]
ADA ACCESSIBILITY GUIDELINE -ADAAG CONFORMANCE
ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES
8 8/4 0 15/3 4/3
KATE BARR ROSS PARKSW VIEW
STRUCTURE#: R502A5F3B
PROJECT#: PWG205B0A3C
DATE: 1/8/2020 | DRAWN BY: Nathaniel
R5
FOR KIDS
AGES
5-12
KATE BARR ROSS PARKNE VIEW
STRUCTURE#: R502A5F3B
PROJECT#: PWG205B0A3C
DATE: 1/8/2020 | DRAWN BY: Nathaniel
R5
FOR KIDS
AGES
5-12
KATE BARR ROSS PARKSW VIEW
STRUCTURE#: R5063AC7B
PROJECT#: PWG205B0A3C
DATE: 1/8/2020 | DRAWN BY: Nathaniel
R5
FOR KIDS
AGES
2-5
KATE BARR ROSS PARKNE VIEW
STRUCTURE#: R5063AC7B
PROJECT#: PWG205B0A3C
DATE: 1/8/2020 | DRAWN BY: Nathaniel
R5
FOR KIDS
AGES
2-5
KATE BARR ROSS PARKSW VIEW
STRUCTURE#: FREPC2015+2123AB
PROJECT#: PWG205B0A3C
DATE: 1/8/2020 | DRAWN BY: Nathaniel
None FOR KIDS
AGES
5-12
KATE BARR ROSS PARKSW VIEW
STRUCTURE#: FREPC2472
PROJECT#: PWG205B0A3C
DATE: 1/8/2020 | DRAWN BY: Nathaniel
None FOR KIDS
AGES
5-12
KATE BARR ROSS PARKSW VIEW
STRUCTURE#: FREPC2478
PROJECT#: PWG205B0A3C
DATE: 1/8/2020 | DRAWN BY: Nathaniel
None FOR KIDS
AGES
5-12
Bill of Materials
1/8/2020
Project# PWG205B0A3CKATE BARR ROSS PARK
Item Description Quantity
R502A5F3B
HS-1004-R Collars 81
GF-7002 Dome Cap, R5 13
S-1014-R5-14ft Post, 14ft R5 2
S-1016-R5-16ft Post, 16ft R5 6
S-1018-R5-18ft Post, 18ft R5 1
S-1020-R5-20ft Post, 20ft R5 4
S-1101-R5 Square Deck 1
S-1102-R5 Tri-Deck 1
S-1209-24-R5 Transfer Station, 36in-R 1
S-1210-48 Climber, Vertical Ladder 42-48in 1
S-1216-DLX Climber, Deluxe Grip 30-36in 1
S-1261-R5E Climber, Ebb 1
S-1261-R5F Climber, Flow 1
S-1304-R5 Single Slide SitDown Wall 1
S-1309-2-R5 Half Walls (Pair) R5 2
S-1514-45R5 Bridge, Inclined Arch (45in)1
S-1704-4 Slide, Wave 48in (Single)1
S-18013-R5 Metal Roof, Tri-Shade 1
S-18016-R5 Metal Roof, Gable Shade 1
S-1925-R5 Hub, Hex Net 1
S-5102 2-Rung Access Ladder 2
S-5203 Tri-Ring Bay 1
HS-1007-R5 Extra Hardware 2
R5063AC7B
HS-1004-R35 Collars 36
Page 1 of 3
Bill of Materials
(continued)
Item Description Quantity
GG-8135 Dome Cap, R3.5 8
S-1011-R35-11ft Post, 11ft R3.5 1
S-10132-RV5 Post (132in) RV5 2
S-1014-R35-14ft Post, 14ft R3.5 4
S-1015-R35-15ft Post, 15ft R3.5 2
S-1019-R35-19ft Post, 19ft R3.5 1
S-1101-R35 Square Deck 1
S-1102-R35 Tri-Deck 2
S-1206-24R35 ADA Stairs, 24in Rise w/ Walls 1
S-1209-12-R35 Transfer Station, 24in-L 1
S-1233-2-HW Climber, Disc 18-24in (w/ HW)1
S-1249-DGH Climber, Incl. Geo-Wave 42-48in (Horiz, DTG Left)1
S-1309-2-R35 Half Walls (Pair) R35 2
S-1316-R35 Twister Entry Panel 1
S-1414-4HHR35 Climber, Step-Up 48in (Lily-Pad, w/ Hand Rails)1
S-1437-RV Tri-Step Jungle (Multi-colored)1
S-1615-R35G Store Panel 1
S-1701-2R35V2 Slide, Single 24-30in (Straight)1
S-1710-4-S Slide, Twister 48in (S)1
S-18013-R35 Metal Roof, Tri-Shade 1
S-18016-R35 Metal Roof, Gable Shade 1
S-1962-R35 Playseat (Double Post)1
S-21011-MNT Support, Beam (Middle)1
S-21263-RV Launch Pad RV 2
HS-1100-2 Deck to Deck Hardware 2
FREPC2015+2123AB
A2-2015 PC 2015 Disc Swing 1
A2-2123-2B-AB PC 2123 Arch Swing (Right, 2B)2
A2-2123-FB-ADA-AB PC 2123 Arch Swing (Left, 1FB, 1INC)1
FREPC2472
Page 2 of 3
Bill of Materials
(continued)
Item Description Quantity
A2-2472 PC 2472 Spin Max, Orbit 1
FREPC2478
A2-2478 PC 2478 Spin Max Pod 1
Page 3 of 3
Agenda Item #1e
Item/Subject: Consider authorizing the City Manager to approve a supply agreement with Badger
Meter for water meters, software and associated supply items.
Initiating Department/Presenter: Public Works
Presenter: Brent Sherrod, P.E., Director of Public Works
Recommended Motion: Move to authorize the City Manager to approve a supply agreement with
Badger Meter for water meters, software and associated supply items.
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: It is necessary for the City to purchase water meters and related supply items as needed
to measure water usage for residential, commercial and industrial utility customers for the purposes of
accurate billing and tracking for water consumption, and to minimize water loss throughout the City. A
reliable supplier of water meters, software and related supplies is imperative to maintain the ongoing
meter replacement program, as well as daily operations, throughout the fiscal year.
To address the requirements cited above, the City has utilized Badger Meters exclusively for over 30
years due to Badger’s quality, accuracy, durability, pricing and customer service. The American Water
Works Association (AWWA) recommends replacement of water meters approximately every ten (10)
years, while the City’s experience has been that Badger Meters consistently exceed this replacement
threshold. This extended life cycle results in fewer purchases necessary to replace faulty meters, and
thus enhances the impact of new meter purchases toward the City’s meter replacement objectives.
Currently, the City has approximately 11,402 meters in service, with 9,559 being the desired automatic-
read (AMR) meter, and the balance of 1,843 being manual-read meters. It is the objective of the Public
Works Department to complete the remaining manual-read meter changeouts within the next 18
months.
The City has historically purchased from Badger under a sole source exemption from competitive
bidding, with periodic outreach to the open market via competitive bidding – the latest competitive
solicitation was issued in 2017 and resulted in five (5) responses; one from Badger, and the remaining
responses from bidders offering other meter manufacturers, including Neptune, Sensus, ABB and
Zenner Meters. Due to the significant financial expenditure required to change meter manufacturers
and to retrofit the City’s existing meter infrastructure to be readable by another manufacturer’s
software, among other equipment purchases which would have been necessary, City Public Works
management recommended an award to Badger Meter. City Council unanimously approved an award
to Badger Meter in its meeting of June 20, 2017.
The agreement related to the above-referenced award has expired, and staff is recommending a new
award to Badger Meter under the sole-source competitive bidding exemption afforded by Texas Local
Government Code, Chapter 252.022, (7)(A) for items available from only one source because of patents,
2/18/2020
Agenda Item: 1e
CITY COUNCIL AGENDA
Agenda Item #1e
copyrights, secret processes or natural monopolies. Please note the associated information
substantiating the sole source nature of this procurement, including a Sole Source Affidavit and Sole
Source Letter as provided by Badger Meter.
Previous Council Action: City Council award of supply contract June 20, 2017.
Financial Implications:
☒Item is budgeted: 220-362-54042 In the amount of $40,000
220-362-54050 $30,000
701-7220-62300 $122,500
Approvals: ☐City Attorney ☒Director of Finance ☒City Manager
Associated Information:
• Price Quotation from Badger Meter, dated 1/31/2020.
• Badger Meter Sole Source Affadavit.
• Badger Meter Sole Source Letter.
DATE:
BILL TO:SHIP TO:
CITY OF HUNTSVILLE
ATTN: FRANK GOLDEN
1212 AVENUE M
HUNTSVILLE, TX 77340
SALESPERSON PAYMENT
TERMS
SHIPPING
METHOD TERM
T. SLEDGE Net 30 Days Best Way Valid until 12/31/2020
QTY UNIT PRICE AMOUNT
1 60.90$ 60.90$
1 173.25$ 173.25$
1 159.60$ 159.60$
1 264.60$ 264.60$
1 325.50$ 325.50$
1 441.00$ 441.00$
1 484.05$ 484.05$
1 603.75$ 603.75$
1 342.30$ 342.30$
1 474.60$ 474.60$
1 637.35$ 637.35$
1 886.20$ 886.20$
January 31, 20201600 Clovis Barker Suite # 202
TOBY SLEDGE
fgolden@huntsvilletx.gov
QUOTED BY:
(512) 781-7302
San Marcos, TX 78666
CUSTOMER EMAIL:
1212 AVENUE M
HUNTSVILLE, TX 77340
QUOTE #:NM_Hunts_Master_050219
CITY OF HUNTSVILLE
ATTN: FRANK GOLDEN
6" STRAINER, BOLTS, AND GASKETS (BRONZE)
Product Description
REF
Master Quote - City of Huntsville Extension
M25, 5/8 x 3/4, LL BB, LESS CONNECTORS, DIRECT READ,
GALLONS, PLPS, TORX SCREW
M25, 5/8 X 3/4, LL BB, LESS CONNECTORS, HRE 8-DIAL, ORION
ME, TWIST-TIGHT CONNECTOR, GALLONS, TORX SCREW
M70, 1", LL BB, LESS CONNECTORS, DIRECT READ, GALLONS,
PLPS, TORX SCREW
M70, 1", LL BB, LESS CONNECTORS, HRE 8-DIAL, ORION ME,
TWIST-TIGHT CONNECTOR, GALLONS, TORX SCREW
M120, 1 1/2", EL DRILLED WITH TEST PLUG, LESS
CONNECTIONS, DIRECT READ, GALLONS, PLPS, TORX SCREW
M120, 1 1/2", EL DRILLED WITH TEST PLUG, LESS
CONNECTIONS, HRE 8-DIAL, ORION ME, TWIST-TIGHT
CONNECTOR, GALLONS, TORX SCREW
4" STRAINER, BOLTS, AND GASKETS (BRONZE)
3" STRAINER, BOLTS, AND GASKETS (BRONZE)
2" STRAINER, BOLTS, AND GASKETS (BRONZE)
M170, 2", EL DRILLED WITH TEST PLUG, LESS CONNECTIONS,
HRE 8-DIAL, ORION ME, TWIST-TIGHT CONNECTOR, TORX
SCREW
M170, 2", EL DRILLED WITH TEST PLUG, LESS CONNECTIONS,
DIRECT READ, GALLONS, PLPS, TORX SCREW
QUOTATION
DATE:
BILL TO:SHIP TO:
CITY OF HUNTSVILLE
ATTN: FRANK GOLDEN
1212 AVENUE M
HUNTSVILLE, TX 77340
SALESPERSON PAYMENT
TERMS
SHIPPING
METHOD TERM
T. SLEDGE Net 30 Days Best Way Valid until 12/31/2020
QTY UNIT PRICE AMOUNT
January 31, 20201600 Clovis Barker Suite # 202
TOBY SLEDGE
fgolden@huntsvilletx.gov
QUOTED BY:
(512) 781-7302
San Marcos, TX 78666
CUSTOMER EMAIL:
1212 AVENUE M
HUNTSVILLE, TX 77340
QUOTE #:NM_Hunts_Master_050219
CITY OF HUNTSVILLE
ATTN: FRANK GOLDEN
Product Description
REF
Master Quote - City of Huntsville Extension
QUOTATION
1 1,457.40$ 1,457.40$
1 1,470.00$ 1,470.00$
1 1,680.00$ 1,680.00$
1 1,785.00$ 1,785.00$
1 1,995.00$ 1,995.00$
1 2,835.00$ 2,835.00$
1 3,045.00$ 3,045.00$
1 4,095.00$ 4,095.00$
1 4,305.00$ 4,305.00$
1 6,195.00$ 6,195.00$
1 6,615.00$ 6,615.00$
1 2,415.00$ 2,415.00$
3" CSM, LESS CONNECTIONS, HRE 8-DIAL, ORION ME, TWIST-
TIGHT CONNECTOR, GALLONS, TORX SCREW
4" CSM, DIRECT READ, LESS CONNECTIONS, GALLONS, PLPS,
TORX
4" CSM, LESS CONNECTIONS, HRE 8-DIAL, ORION ME, TWIST-
TIGHT CONNECTOR, GALLONS, TORX SCREW
6" CSM, DIRECT READ, LESS CONNECTIONS, GALLONS, PLPS,
TORX
6" CSM, LESS CONNECTIONS, HRE 8-DIAL, ORION ME, TWIST-
TIGHT CONNECTOR, GALLONS, TORX SCREW
8" CSM, DIRECT READ, LESS CONNECTIONS, GALLONS, PLPS,
TORX
8" CSM, LESS CONNECTIONS, HRE 8-DIAL, ORION ME, TWIST-
TIGHT CONNECTOR, GALLONS, TORX SCREW
8" STRAINER, BOLTS, AND GASKETS (STEEL)
2" CSM, DIRECT READ, LESS CONNECTIONS, GALLONS, PLPS,
TORX
2" CSM, LESS CONNECTIONS, HRE 8-DIAL, ORION ME, TWIST-
TIGHT CONNECTOR, GALLONS, TORX SCREW
3" CSM, DIRECT READ, LESS CONNECTIONS, GALLONS, PLPS,
TORX
6" M2000, AC POWERED, MAG METER, HARD RUBBER LINER,
316 SS GROUNDING RINGS, METER MOUNT AMPLIFIER
DATE:
BILL TO:SHIP TO:
CITY OF HUNTSVILLE
ATTN: FRANK GOLDEN
1212 AVENUE M
HUNTSVILLE, TX 77340
SALESPERSON PAYMENT
TERMS
SHIPPING
METHOD TERM
T. SLEDGE Net 30 Days Best Way Valid until 12/31/2020
QTY UNIT PRICE AMOUNT
January 31, 20201600 Clovis Barker Suite # 202
TOBY SLEDGE
fgolden@huntsvilletx.gov
QUOTED BY:
(512) 781-7302
San Marcos, TX 78666
CUSTOMER EMAIL:
1212 AVENUE M
HUNTSVILLE, TX 77340
QUOTE #:NM_Hunts_Master_050219
CITY OF HUNTSVILLE
ATTN: FRANK GOLDEN
Product Description
REF
Master Quote - City of Huntsville Extension
QUOTATION
1 2,625.00$ 2,625.00$
1 2,730.00$ 2,730.00$
1 2,940.00$ 2,940.00$
1 3,150.00$ 3,150.00$
1 3,360.00$ 3,360.00$
1 2,625.00$ 2,625.00$
1 2,835.00$ 2,835.00$
1 3,045.00$ 3,045.00$
1 3,255.00$ 3,255.00$
1 3,780.00$ 3,780.00$
1 3,885.00$ 3,885.00$
1 4,095.00$ 4,095.00$
10" M5000, BATTERY POWERED MAG METER, HARD RUBBER
LINER, 316 SS GROUNDING RINGS, REMOTE AMPLIFIER WITH
50' CABLE
10" M5000, BATTERY POWERED MAG METER, HARD RUBBER
LINER, 316 SS GROUNDING RINGS, REMOTE AMPLIFIER WITH
75' CABLE
10" M5000, BATTERY POWERED MAG METER, HARD RUBBER
LINER, 316 SS GROUNDING RINGS, REMOTE AMPLIFIER WITH
100' CABLE
6" M5000, BATTERY POWERED, MAG METER, HARD RUBBER
LINER, 316 SS GROUNDING RINGS, METER MOUNT AMPLIFIER
8" M2000, AC POWERED, MAG METER, HARD RUBBER LINER,
316 SS GROUNDING RINGS, METER MOUNT AMPLIFIER
6" M2000, AC POWERED, MAG METER, HARD RUBBER LINER,
316 SS GROUNDING RINGS, 50' REMOTE MOUNT CABLE WITH
AMPLIFIER
6" M5000, BATTERY POWERED, MAG METER, HARD RUBBER
LINER, 316 SS GROUNDING RINGS, 50' REMOTE MOUNT CABLE
WITH AMPLIFIER
8" M5000, BATTERY POWERED, MAG METER, HARD RUBBER
LINER, 316 SS GROUNDING RINGS, METER MOUNT AMPLIFIER
8" M5000, BATTERY POWERED, MAG METER, HARD RUBBER
LINER, 316 SS GROUNDING RINGS, 50' REMOTE MOUNT CABLE
WITH AMPLIFIER
8" M2000, AC POWERED, MAG METER, HARD RUBBER LINER,
316 SS GROUNDING RINGS, 50' REMOTE MOUNT CABLE WITH
AMPLIFIER
10" M2000, AC POWERED, MAG METER, HARD RUBBER LINER,
316 SS GROUNDING RINGS, METER MOUNT AMPLIFIER
10" M2000, AC POWERED, MAG METER, HARD RUBBER LINER,
316 SS GROUNDING RINGS, 50' REMOTE MOUNT CABLE WITH
AMPLIFIER
DATE:
BILL TO:SHIP TO:
CITY OF HUNTSVILLE
ATTN: FRANK GOLDEN
1212 AVENUE M
HUNTSVILLE, TX 77340
SALESPERSON PAYMENT
TERMS
SHIPPING
METHOD TERM
T. SLEDGE Net 30 Days Best Way Valid until 12/31/2020
QTY UNIT PRICE AMOUNT
January 31, 20201600 Clovis Barker Suite # 202
TOBY SLEDGE
fgolden@huntsvilletx.gov
QUOTED BY:
(512) 781-7302
San Marcos, TX 78666
CUSTOMER EMAIL:
1212 AVENUE M
HUNTSVILLE, TX 77340
QUOTE #:NM_Hunts_Master_050219
CITY OF HUNTSVILLE
ATTN: FRANK GOLDEN
Product Description
REF
Master Quote - City of Huntsville Extension
QUOTATION
1 2,415.00$ 2,415.00$
1 1,160.25$ 1,160.25$
1 6,825.00$ 6,825.00$
1 9,345.00$ 9,345.00$
1 12,180.00$ 12,180.00$
RCDL Fire Series Assembly LL (NSF 61-G), 4", Round, External
UL/FM Strainer Attached, Less Connections, HRE 8-Dial,
Gallon, 10' twist-tight connector, Bypass: 1" M70 with (2) Shut-
Off Valves, Check Valve Cover with Test Port.
RCDL Fire Series Assembly LL (NSF 61-G), 6", Round, External
UL/FM Strainer Attached, Less Connections, HRE 8-Dial,
Gallon, 10' twist-tight connector, Bypass: 1" M70 with (2) Shut-
Off Valves, Check Valve Cover with Test Port.
RCDL Fire Series Assembly LL (NSF 61-G), 8", Round, External
UL/FM Strainer Attached, Less Connections, HRE 8-Dial,
Gallon, 10' twist-tight connector, Bypass: 2" M170 with (2)
Shut-Off Valves, Check Valve Cover with Test Port.
M5K AMPLIFIER ASSEMBLY (PART # 66902-003)
10" M5000, BATTERY POWERED MAG METER, HARD RUBBER
LINER, 316 SS GROUNDING RINGS, METER MOUNT AMPLIFIER
DATE:
BILL TO:SHIP TO:
CITY OF HUNTSVILLE
ATTN: FRANK GOLDEN
1212 AVENUE M
HUNTSVILLE, TX 77340
SALESPERSON PAYMENT
TERMS
SHIPPING
METHOD TERM
T. SLEDGE Net 30 Days Best Way Valid until 12/31/2020
QTY UNIT PRICE AMOUNT
January 31, 20201600 Clovis Barker Suite # 202
TOBY SLEDGE
fgolden@huntsvilletx.gov
QUOTED BY:
(512) 781-7302
San Marcos, TX 78666
CUSTOMER EMAIL:
1212 AVENUE M
HUNTSVILLE, TX 77340
QUOTE #:NM_Hunts_Master_050219
CITY OF HUNTSVILLE
ATTN: FRANK GOLDEN
Product Description
REF
Master Quote - City of Huntsville Extension
QUOTATION
1
BEACON AMA Mobile
Marketing Program
Applies. Hosting Fee
of $.04/month/ORION
Mobile account.
BEACON AMA Mobile
Marketing Program
Applies. Hosting Fee
of
$.04/month/ORION
Mobile account.
1
BEACON AMA Mobile
Marketing Program
Applies. Discounted
to $1,400 year 1.
BEACON AMA Mobile
Marketing Program
Applies. Discounted
to $1,400 year 1.
2
Yr 1 - No Charge
(BEACON AMA Mobile
Starter Package
Applies). Customer
will purchase (2) user
logins
Yr 1 - No Charge
(BEACON AMA
Mobile Starter
Package Applies).
Customer will
purchase (2) user
logins
1 -$ -$
SOFTWARE: DRIVE-BY/VEHICLE METER READING, ANNUAL
LICENSE FEE. BEACON AMA Field Application Suite, Mobile
Read Module License User Login License. Part # 68886-502.
Annual Fee = $360 per User Login after year 1. BEACON AMA
Mobile Reading Program ORION-MP-02238 applies which
waives the charge for two (2) users the first year of service.
BEACON AMA Mobile Tablet or Laptop: Customer will
purchase its own tablet or laptop. Refer to the Badger Meter
specification provided when purchasing.
SOFTWARE: DRIVE-BY/VEHICLE METER READING, ANNUAL
LICENSE FEE. BEACON AMA Field Application Suite, Mobile
Read Module License. Part # 68886-501. BEACON AMA
Mobile Reading Program ORION-MP-02238 applies which
discounts the standard license fee for year 1 by 50%.
Renewal Fee for License will be $2,800 per year.
HOSTING FEE SERVICE UNITS (BEACON AMA Mobile). Part #
68886-301. Description: This service will move all readings
from Connect Software to BEACON AMA Mobile Hosted
Software. This fee is charged based on customer's current
ORION Mobile accounts in CONNECT which will be transferred
to BEACON AMA Mobile. Service Unit Price =
$.04/month/ORION CE account. EX: 8,000 accounts x
.04/month x 12 months of service = $3,840 annually. Service
Units will be consumed based on the actual number of ORION
accounts customer has on the BEACON AMA Mobile system.
BEACON AMA Mobile Reading Program ORION-MP-02238
applies which includes up to 120,000 service units at no
charge in the first year of service.
ORION CELLULAR / BEACON AMA PRICING
DATE:
BILL TO:SHIP TO:
CITY OF HUNTSVILLE
ATTN: FRANK GOLDEN
1212 AVENUE M
HUNTSVILLE, TX 77340
SALESPERSON PAYMENT
TERMS
SHIPPING
METHOD TERM
T. SLEDGE Net 30 Days Best Way Valid until 12/31/2020
QTY UNIT PRICE AMOUNT
January 31, 20201600 Clovis Barker Suite # 202
TOBY SLEDGE
fgolden@huntsvilletx.gov
QUOTED BY:
(512) 781-7302
San Marcos, TX 78666
CUSTOMER EMAIL:
1212 AVENUE M
HUNTSVILLE, TX 77340
QUOTE #:NM_Hunts_Master_050219
CITY OF HUNTSVILLE
ATTN: FRANK GOLDEN
Product Description
REF
Master Quote - City of Huntsville Extension
QUOTATION
1 5,200.00$ 5,200.00$
1 8,200.00$ 8,200.00$
1 2,550.00$ 2,550.00$
1 120.75$ 120.75$
1 123.90$ 123.90$
1 315.00$ 315.00$
ORION CE and ORION ME Mobile Receiver Kits for use with
Customer-supplied BEACON Mobile Tablet or Laptop. ($2,600
per receiver kit).
Trimble Ranger 7 Handheld Collection Device for BEACON
AMA Mobile. Includes ORION CE and ORION ME Module for
dual-reading.
TRAINING: Required Training Courses include BEACON AMA
Mobile Data Sync, Orion Field Application Suite, and Endpoint
Utility for Handhelds. One-time fee.
RETROFIT PRICING
RETROFIT PRICING: HRE 8-DIAL, TWIST-TIGHT CONNECTOR,
ORION ME TRANSMITTER, TORX SCREW, FOR 5/8" - 1" DISC
METER
RETROFIT PRICING: HRE 8-DIAL, TWIST-TIGHT CONNECTOR,
ORION ME TRANSMITTER, TORX SCREW, FOR 1 1/2" - 2" DISC
METER
RETROFIT PRICING: HRE 8-DIAL, TWIST-TIGHT CONNECTOR,
ORION CELLULAR TRANSMITTER, TORX SCREW, FOR CSM OR
FSAA
DATE:
BILL TO:SHIP TO:
CITY OF HUNTSVILLE
ATTN: FRANK GOLDEN
1212 AVENUE M
HUNTSVILLE, TX 77340
SALESPERSON PAYMENT
TERMS
SHIPPING
METHOD TERM
T. SLEDGE Net 30 Days Best Way Valid until 12/31/2020
QTY UNIT PRICE AMOUNT
January 31, 20201600 Clovis Barker Suite # 202
TOBY SLEDGE
fgolden@huntsvilletx.gov
QUOTED BY:
(512) 781-7302
San Marcos, TX 78666
CUSTOMER EMAIL:
1212 AVENUE M
HUNTSVILLE, TX 77340
QUOTE #:NM_Hunts_Master_050219
CITY OF HUNTSVILLE
ATTN: FRANK GOLDEN
Product Description
REF
Master Quote - City of Huntsville Extension
QUOTATION
Notes:
ORION CE kit is required to use in conjunction with Customer-supplied tablet or laptop and BEACON Mobile as wel as to read
ORION CE transmitters. ORION ME kit is required to read ORION ME transmitters which Customer will begin purchasing after
1/1/19. The ORION CE transmitter will reach its end-of-life at that time.
Utility customers deploying a BEACON AMA Mobile Solution will be assessed hosting fees each month per end-user account
(“Account”). Monthly Hosting Fees (“Hosting Fees”) include Customer’s access to the BEACON AMA software and hosting of
Customer's metering data. Hosting Fees are purchased in Service Units, each Service Unit representing one (1) month of
hosting. Service Units may be purchased in any increment. Net pricing per volume bracket will apply. The initial Service Unit
price will be held for the first 36 months then subject to change thereafter. Hosting Fee Service Units are NET to End Utility
Customer and will be invoiced by Badger Meter. Net Price is dependent on Service Unit Purchase Increment.
SOFTWARE - MOBILE METER READING
HARDWARE - MOBILE METER READING
A Windows® 10 tablet or laptop with ORION ME Mobile Transceiver or CE Mobile Receiver or Trimble Ranger 7 Handheld with
ORION ME and CE Modules are required for all mobile (walk-by and drive-by) applications. Refer to the Recommended
Tablet/Laptop Specifications for Customer-supplied Tablet or Laptop on BEACON Moible Product Data Sheet.
Annual licenses are required for all mobile (walk-by and drive-by) meter reading. Purchased in multiples of twelve (12) Service
Units per License. Service Units will be consumed on a monthly basis.
BEACON AMA FIELD APPLICATION SUITE – MOBILE READ MODULE USER LOGIN LICENSE.
One Annual User Login License required for each ORION Mobile Read or Field Director user login.
BEACON AMA FIELD APPLICATION SUITE – MOBILE READ MODULE LICENSE.
One Annual License required per Customer. *** Renewal price is $1,900 annually after year 1.
Hosting Fee Service Units are required for all mobile and traditional fixed network solutions. A Hosting Fee Service Unit
consists of one month of hosting per Account. Hosting Fee Service Units may be purchased in any increment and will be
consumed monthly for each Account in a Customer’s BEACON AMA portfolio.
HOSTING FEE SERVICE UNITS
DATE:
BILL TO:SHIP TO:
CITY OF HUNTSVILLE
ATTN: FRANK GOLDEN
1212 AVENUE M
HUNTSVILLE, TX 77340
SALESPERSON PAYMENT
TERMS
SHIPPING
METHOD TERM
T. SLEDGE Net 30 Days Best Way Valid until 12/31/2020
QTY UNIT PRICE AMOUNT
January 31, 20201600 Clovis Barker Suite # 202
TOBY SLEDGE
fgolden@huntsvilletx.gov
QUOTED BY:
(512) 781-7302
San Marcos, TX 78666
CUSTOMER EMAIL:
1212 AVENUE M
HUNTSVILLE, TX 77340
QUOTE #:NM_Hunts_Master_050219
CITY OF HUNTSVILLE
ATTN: FRANK GOLDEN
Product Description
REF
Master Quote - City of Huntsville Extension
QUOTATION
BEACON AMA Field Application Suite - Mobile Read Module:
This onsite course covers the full functionality of the mobile meter reading process utilizing the ORION Mobile Read and Field
Director applications for Windows 10 OS tablet/laptop with ORION ME mobile transceiver and/or CE mobile receiver and
Ranger 7 handheld with ORION ME and ORION CE Modules. Topics include using BEACON Field Director to manage BEACON
AMA mobile work assignments, exploring the features and functionality of the ORION Mobile Read software for collecting
mobile meter reads, synchronizing read data with BEACON AMA, and using the ORION Endpoint Utility software for
programming and quick read of ORION endpoints.
ORION Module with factory installed/programmed ORION ME transceiver or ORION CE receiver. Each module box includes (1)
ORION ME or CE module, (1) ORION handheld antenna 66238-007 and (1) ORION Module Quick Start Guide. NOTE: Ranger 7
handheld supports installation of both ORION ME & CE modules for dual read capabilities. Price includes 36-month hardware
warranty.
BEACON AMA MOBILE TRAINING
ORION CE AND ME kits include ORION mobile transceiver or receiver, magnetic mount antenna, DC power supply (CE version
only), communication cable and nylon case. Price includes 36-month hardware warranty. Mobile Transceiver and Mobile
Receiver Kits are for use with Windows 10/7 OS tablets, laptops and handhelds only.
Trimble Ranger 7 Handheld Features: Windows 10 Pro, Intel Pentium N4200 processor, 8 GB of RAM, 64 GB SSD, GPS,
Bluetooth, WI-FI, rear 8 MP camera with auto focus & flash, front 2 MP camera, international AC charger, (2) sets of
rechargeable batteries, spare battery charger, single hand strap, stylus with lanyard, (2) Ultra Clear screen protectors, USB IR
communicaiton cable and handheld Quick Start Guide. Handheld is 4G LTE compatible (utility supplied cellular plan). Price
includes 36-month hardware warranty. Customer supplied Internet connection required for data synchronization with
BEACON AMA software.
BEACON Mobile Data Sync:
This course teaches the utility how to prepare their mobile collection devices for BEACON AMA data synchronization, setup
meter reader users and create field assignments.
Agenda Item #1f
Item/Subject: Consider authorizing the City Manager to apply for the FY 2021 Houston-Galveston
Area Council (H-GAC) Criminal Justice Grant Program for $84,268.10 and adopting Resolution 2020-16
in support of same.
Initiating Department/Presenter: Finance
Presenter: Kristie R. Hadnot, Grants Manager
Recommended Motion: Move to authorize the City Manager to apply for the FY 2021 Houston-
Galveston Area Council (H-GAC) Criminal Justice Grant Program for $84,268.10 and adopt Resolution
2020-16 in support of same.
Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens.
Discussion: The grant under consideration is the Criminal Justice grant being offered through the
Houston-Galveston Area Council (HGAC) for funding through the Criminal Justice Division of the
Governor’s Office. The funds in this program are federally allocated to the State of Texas through the
Edward Byrne Memorial Justice Assistance Grant Program (JAG). The City has received awards from this
funding source in the past to fund essential equipment items needed for the Huntsville Police
Department.
A previous grant application on this funding opportunity was submitted in February 2017 to HGAC for
consideration; however, the proposed project submitted did not get approved for funding that year.
During the last few years, the funding pool within this grant program has been declining, as the need
for updated gear and equipment for local and county law enforcement agencies within the region has
been increasing. The increase of program funding constraints has forced regional jurisdictions to assess
their most urgent needs versus their wants in order to be most efficient and productive in their duties.
The grant program dictates that funding may be used to provide additional personnel, equipment,
supplies, contractual support, training, technical assistance, and information systems for criminal
justice purposes only within one or more of the following categories: Law Enforcement, Prosecution,
Crime Prevention, Corrections and Community Corrections, Reentry, Behavioral Health, and
Assessment and Evaluation.
Some examples of ineligible activities/purchases barred from expenditure on this program includes
construction, renovation or remodeling facilities; medical services; security and equipment upgrades to
non-governmental entities not engaged in criminal justice or public safety; non-law enforcement
vehicle or equipment for government agencies that are not general agency use; equipment, supplies,
and other direct costs associated with processing DNA evidence; automated license plate readers, cell-
site simulators, drones, or other surveillance equipment that may infringe upon Texan civil liberties, or
law enforcement equipment that is standard department issue.
Due to some of the grant restrictions and limitations for funding, the Huntsville Police Department
examined their operational needs and issued a recommendation to apply for a fully loaded, equipped
2/18/2020
Agenda Item: 1f
CITY COUNCIL AGENDA
Agenda Item #1f
Crime Scene Investigation Van. Huntsville Police Department responds to more than 150 major crime
scenes each year. At each scene, it is critical to have the equipment available to ensure that professional
and scientific processes are being used to collect the evidence needed to bring perpetrators to justice.
Police officers usually have a single chance immediately following an incident to collect undisturbed
evidence. Currently, the equipment for evidence collection is located at three (3) different locations
(within two separate vehicles and at a secure location at the Police Department). This solution to
operate a crime scene investigation is inefficient for officers’ use when needed.
The grant application request will be for $84,268.10 requesting funding approval for the purchase of a
Crime Scene Investigation Van. If the grant is awarded, Huntsville Police Department intends to
purchase the vehicle from the HGAC BuyBoard. HGAC BuyBoard is currently advertising sale of the van
with components consisting of Whelen LED scene lights, a generator, a versa track, a whiteboard,
overhead cabinet, load center, a workstation, a sliding door, and adjustable shelves. Some of the
equipment identified within the van listed on the HGAC Buyboard site provides the necessary
equipment requested by Huntsville Police Department. The van will be utilized as a self-contained
mobile lab for the Department.
Purchase of the Crime Scene Investigation Van would be the only vehicle within Walker County with
these functional specifications available in the field. The City would also possess the benefit to extend
assistance and similar investigative services to Walker County and Sam Houston State University law
enforcement agencies.
The acquisition of this vehicle is essential for the functional and operational needs of the Police
Department. With completion of acquisition and purchase, the vehicle will be placed on the City’s
Vehicle Replacement Schedule on a 12-year rotation.
The project performance period for an equipment only purchase is likely to be awarded for a 6 to 12-
month grant period. There are no matching funds required of this grant.
Previous Council Action: Previous Resolution 2017-07 was approved on February 7, 2017 to pursue
application submission on this grant.
Financial Implications:
☒ Item is not budgeted: If the grant is awarded, Staff will bring a Budget Amendment to Council for
approval at the appropriate time.
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Resolution 2020-16
• HGAC Buy Board Quote
• Vehicle Specifications
RESOLUTION NO. 2020-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AUTHORIZING THE SUBMISSION OF THE FISCAL YEAR 2021 CRIMINAL JUSTICE
PROGRAM GRANT TO THE HOUSTON – GALVESTON AREA COUNCIL (H-GAC) AND
THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR’S OFFICE FOR A CRIME
SCENE INVESTIGATION VAN; AND AUTHORIZING THE CITY MANAGER TO ACT AS
THE CITY’S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL
MATTERS PERTAINING TO THE CITY’S PARTICIPATION IN THE 2021 CRIMINAL
JUSTICE PROGRAM GRANT.
WHEREAS the City desires to ensure the safety and well-being of all its citizens; and,
WHEREAS the City of Huntsville requires the Huntsville Police Department to be charged with this task; and,
WHEREAS it is necessary and in the best interest of the City to apply for funding under Contract Number
4041801 of this grant program;
NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas, that:
SECTION 1: A Criminal Justice Program Grant application is hereby authorized to be filed on behalf of the City
and be placed in competition for funding to H-GAC.
SECTION 2: The proposed grant application will be for $84,268.10.
SECTION 3: The Mayor and City Council strongly support this application to address the safety and well-being
needs of the Community.
SECTION 4: The City agrees that in the event of loss or misuse of the Texas Criminal Justice Division program
funds, the City assures that the funds will be returned to the Texas Criminal Justice Grants Division
in full.
SECTION 5: The City Council directs and designates the City Manager as the City’s Chief Executive as the
authorized official and is given the power to apply for, accept, reject, alter or terminate the grant
on behalf of the City.
PASSED AND APPROVED this 18th day of February 2020.
THE CITY OF HUNTSVILLE
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Brenda Poe, City Secretary Leonard Schneider, City Attorney
Agenda Item #1g
Item/Subject: Consider authorizing the City Manager to apply for the 2020 Houston-Galveston Area
Council (H-GAC) State Homeland Security Program Grant for $31,500 and adopting Resolution 2020-17
in support of same.
Initiating Department/Presenter: Finance
Presenter: Kristie R. Hadnot, Grants Manager
Recommended Motion: Move to authorize the City Manager to apply for the 2020 Houston-Galveston
Area Council (H-GAC) State Homeland Security Program Grant for $31,500 and adopt Resolution 2020-
17 in support of same.
Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens.
Discussion: In recent years, cybersecurity attacks on state and local governments have increased
dramatically. The implementation of defense strategies against these attacks are critical to preserve
city data and maintain City services for citizens. The City’s IT Department performed an evaluation of
our current network needs and recommends applying for the 2020 Houston-Galveston Area Council (H-
GAC) State Homeland Security Program Grant for the purchase of security software. This software will
work in conjunction with existing software to further protect the City of Huntsville’s computer network
infrastructure.
This request is for Cynet Autonomous Breach Protection software at a cost of $31,500 (two-year
subscription). The purpose is to detect malware threats and isolate rogue devices before they affect
other equipment. This software would be implemented throughout the City of Huntsville computer
network and will continually scan all devices, thus contributing to the City’s overall network security
posture.
The project performance period for an equipment only purchase is likely to be awarded for a 6- to 12-
month grant period. There are no matching funds required of this grant.
Previous Council Action: No previous action has been taken
Financial Implications:
☒ Item is not budgeted: If the grant is awarded, Staff will bring a Budget Amendment to Council for
approval at the appropriate time.
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Resolution 2020-17
• Price Proposal
2/18/2020
Agenda Item: 1g
CITY COUNCIL AGENDA
RESOLUTION NO. 2020-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AUTHORIZING THE SUBMISSION OF THE 2020 STATE HOMELAND SECURITY
PROGRAM GRANT TO THE HOUSTON – GALVESTON AREA COUNCIL (H-GAC) AND
THE TEXAS HOMELAND SECUIRTY GRANTS DIVISION OF THE GOVERNOR’S OFFICE
FOR A CYBERSECURITY SOFTWARE SOLUTION; AND AUTHORIZING THE CITY
MANAGER TO ACT AS THE CITY’S EXECUTIVE OFFICER AND AUTHORIZED
REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY’S PARTICIPATION IN
THE 2020 STATE HOMELAND SECURITY PROGRAM GRANT.
WHEREAS the City desires to ensure the safety and well-being of all its citizens; and,
WHEREAS the City of Huntsville requires the Huntsville Information Technology Department and the
Huntsville Police Department be charged with this task; and,
WHEREAS it is necessary and in the best interest of the City to apply for funding under Contract
Number 4006401 of this grant program;
NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas, that:
SECTION 1: A State Homeland Security Program Grant application is hereby authorized to be filed on
behalf of the City and be placed in competition for funding to H-GAC.
SECTION 2: The proposed grant application will be for $31,500.
SECTION 3: The Mayor and City Council strongly support this application to address the safety and
well-being needs of the Community.
SECTION 4: The City agrees that in the event of loss or misuse of the Texas Homeland Security Grants
Division funds, the City assures that the funds will be returned to the Texas Homeland
Security Grants Division in full.
SECTION 5: The City Council directs and designates the City Manager as the City’s Chief Executive as
the authorized official and is given the power to apply for, accept, reject, alter or terminate
the grant on behalf of the City.
PASSED AND APPROVED this 18th day of February 2020.
THE CITY OF HUNTSVILLE
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _____________________________
Brenda Poe, City Secretary Leonard Schneider, City Attorney
Agenda Item #2a
Item/Subject: Consider Resolution 2020-15 in support of an application to the Texas Department of
Housing and Community Affairs for Housing Tax Credits for Fish Pond Living at Huntsville, LP, a senior
rental housing development proposed to be located in the 100 block of FM 247.
Initiating Department/Presenter: Development Services
Presenter: Kevin Byal, Director of Development Services / Building Official
Recommended Motion: Move to adopt Resolution 2020-15 in support of an application to the Texas
Department of Housing and Community Affairs for Housing Tax Credits for Fish Pond Living at Huntsville,
LP, a senior rental housing development proposed to be located in the 100 block of FM 247.
Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse
economy.
Discussion: Fish Pond Living at Huntsville, LP is proposing to construct a senior living, age 55+, rental
facility called Fish Pond Living at Huntsville that will be located on the east side of FM 247, north of FM
2821, at approximately 148 FM 247. The project is not tax-exempt and will be subject to the same
property assessment as all other multi-family projects.
The facility will be 1 story cottage style apartments with a mix of one- and two-bedroom units. The
project will contain approximately 48 apartment units. The finished site will provide amenities to the
residence such as a club house and support services tailored to the resident’s needs.
Fish Pond Living at Huntsville, LP intends to make application to the Texas Department of Housing and
Community Affairs (TDHCA) Housing Tax Credit (HTC) Program. The program is one of the primary
means of directing private capital toward the development and preservation of affordable rental
housing for low-income households. Tax credits are awarded to eligible participants to offset a portion
of their federal tax liability in exchange for the production or preservation of affordable rental housing.
More specifically, the application to TDHCA will be for the 9% Housing Tax Credit round, which is highly
competitive and awarded based on a Regional Allocation Formula (RAF) with additional set asides for
developments at risk of losing affordability and subsidy, developments financed through USDA, and
those with nonprofit owners.
TDHCA awards points to applications that meet a myriad of criteria. Two criteria that are relative to this
resolution are the Governing Body of the municipality supporting the development and the second
being the Governing Body’s commitment to reduce development fees by no less than $250.
Previous Council Action: None
2/18/2020
Agenda Item: 2a
CITY COUNCIL AGENDA
Agenda Item #2a
Financial Implications:
☒Item is not budgeted: Waiver of $250 in permit fees
☒Item is estimated to generate additional revenue: The City will receive permit fees, property taxes
and utility revenue from the finished project.
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Resolution No. 2020-15
• Developers PowerPoint presentation of proposed development.
RESOLUTION NO. 2020-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TX, IN
SUPPORT OF AN AFFORDABLE SENIOR RENTAL HOUSING DEVELOPMENT TO BE
KNOWN AS FISH POND AT HUNTSVILLE, AND IN SUPPORT OF AN APPLICATION TO
THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE 2020
COMPETITIVE 9% HOUSING TAX CREDITS FOR FISH POND AT HUNTSVILLE, A
DEVELOPMENT TO BE LOCATED NORTH OF FM 2821 AT APPROXIMATELY 148 FM 247,
HUNTSVILLE, TX , BETTER DESCRIBED AS BEING A TRACT OR PARCEL OF LAND
CONTAINING APPROXIMATELY 10 ACRES OF LAND, MORE OR LESS, SITUATED IN
THE WILEY PARKER LEAGUE, ABSTRACT NO. 37, WALKER COUNTY, TEXAS, AND
BEING THAT PORTION OF A CALLED 49.89 ACRE TRACT DESCRIBED IN A DEED TO
TEMPLETON-MAHAFFEY, LLC, RECORDED IN VOULME 984, PAGE 831, OFFICIAL
PULIC RECORDS OF WALKER COUNTY, TEXAS, THE APPLICANT BEING FISH POND
LIVING AT HUNTSVILLE, LP; AND AUTHORIZING THE CITY MANAGER TO ACT AS
THE EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS
PERTAINING TO THE CITY’S SUPPORT OF THIS DEVELOPMENT
WHEREAS Fish Pond Living at Huntsville, LP (the “Applicant”) has proposed a development for
affordable senior rental housing named Fish Pond at Huntsville (TDHCA application
#20329) in the City of Huntsville, Texas, located north of FM 2821 at approximately 148
FM 247, Huntsville, Texas, better described as being a tract or parcel of land containing
approximately 10 acres of land, more or less, situated in the Wiley Parker League, Abstract
no. 37, Walker County, Texas, and being that portion of a called 49.89 acre tract described
in a deed to Templeton-Mahaffey, LLC, recorded in volume 984, page 831, official public
records of Walker County, Texas;
WHEREAS there is a need for affordable senior housing in the City of Huntsville Texas;
WHEREAS the applicant has advised that it intends to submit an application to the Texas Department
of Housing and Community Affairs for 2020 Competitive 9% Housing Tax Credits for Fish
Pond at Huntsville;
NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas that:
Section 1 The City of Huntsville, acting through its governing body, hereby confirms that it supports
the proposed Fish Pond at Huntsville (TDHCA application #20329) located north of FM
2821 at approximately 148 FM 247, Huntsville, Texas, 77320 and that this formal action
has been taken to put on record the opinion expressed by the City of Huntsville on February
18, 2020.
Section 2 The City of Huntsville, acting through its governing body, hereby approves and authorizes
a commitment of development funding to Fish Pond at Huntsville in the amount of $250
in the form of reduced fees.
Section 3 The City Manager is designated as the City’s Chief Executive Officer and Authorized
Representative to act in all matters in connection with this Resolution.
PASSED AND APPROVED this 18th day of February 2020.
THE CITY OF HUNTSVILLE
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________________________
Brenda Poe, City Secretary Leonard Schneider, City Attorney
A proposed affordable housing community for seniors
Huntsville, Texas
FISH POND AT HUNTSVILLE
January 27, 2020
1
Affordable Housing Tax Credit Program
Development Team & Experience
Fish Pond at Huntsville
Location Map
Details
Conceptual Design
Benefits to Huntsville
What We Need
Timeline
Contacts
OVERVIEW
2
Created through Tax Act of 1986 to incentivize the private market to
invest in and develop affordable housing
Tax Credit is realized by the Investor and Equity contribution is used
to reduce debt
Reduction in debt requires lower operating income thus allowing for
lower rents
Regulated by the Internal Revenue Service
Administered by the Texas Department of Housing and Community
Affairs (TDHCA) through a Qualified Allocation Plan (QAP)
Competitive application process includes scoring items such as
support from local government
AFFORDABLE HOUSING TAX CREDIT PROGRAM
3
DEVELOPMENT TEAM & EXPERIENCE
Our team has the cross industry experience of…
30+ years in Real Estate Development
15+ years in Tax Credit Compliance
20+ years in Tax Credit Property Management
15+ years in Real Estate Underwriting
4
GVA Property Management is based in Austin, Texas. GVA is a full-
service multi-family property management company with over 10,000
units under management in Texas. They will provide an on-site
manager and maintenance supervisor along with regional staff for
oversite. Residents will be screened thoroughly via various checks that
include credit, criminal, rental history and income.
PROPERTY MANAGEMENT
https://www.gvamgt.com/
5
HOUSING LAB by BETCO is a full service housing development
consulting firm, established in 2011. The firm specializes in securing
funding for the development of affordable housing via programs
including: Housing Tax Credits (9% and 4%), HOME and other public
funds. We also provide financial analysis and compliance services.
DEVELOPMENT TEAM & EXPERIENCE
www.betcohousinglab.com
6
FISH POND DEVELOPMENT’s mission is to invest in, and develop
quality affordable and workforce housing which provides a safe and
comfortable living environment allowing residents to spend their
resources on progressing, not on housing. Their new construction
projects focus on efficient architectural design balancing high quality,
durable finishes, energy efficiency, and relevant amenities while
keeping operational and development costs in check.
DEVELOPMENT TEAM & EXPERIENCE
fishpondliving.com
7
DEVELOPMENT TEAM & EXPERIENCE
FISH POND DEVELOPMENT and its affiliates own and operate multiple
properties across several markets. Below is a sample of a few recent
acquisitions and developments:
-Eagle Villas –Eagle, CO (120 units LIHTC)
-17th Street Apartments –Springfield, TN (96 units LIHTC)
-Meadowbrook Apartments –Madison, TN (88 units LIHTC)
-Northgate Hills Apartments –Austin, TX (416 units market)
-Apple Creek Apartments –Georgetown, TX (176 units market)
-Dryfield Apartments –Austin, TX (20 units market)
-Delwood Station –Austin, TX (76 units market)
-Fish Pond at Cuero –Cuero, TX (48 units –44 LIHTC, 4 market)
-Fish Pond at Portland –Portland, TX (60 units –54 LIHTC, 6 market)
8
DEVELOPMENT TEAM & EXPERIENCE
Fish Pond at Cuero
1219 W. Highway 72
Cuero, TX 77954
2018 LIHTC Allocation
48 Senior Units
Year Built -2019
9
DEVELOPMENT TEAM & EXPERIENCE
Meadowbrook Apartments
1830 Spring Branch Rd
Madison, TN 37115
LIHTC Allocation
88 Units
10
Meadowbrook
(615) 865-9444www.meadowbrookapartments
nashville.com
FISH POND AT HUNTSVILLE
-LOCATION -
11
One-Story Cottage Community
Parking located at front door
Stone and Siding
Clubhouse
Mix of 1 and 2 bedroom units
Approximately 48 units
Serving seniors age 55+
FISH POND AT HUNTSVILLE
-DETAILS -
12
Maximum Rental Rate
One Bedroom
30% AMI $383
50% AMI $638
60% AMI $766
Two Bedroom
30% AMI $459
50% AMI $766
60% AMI $919
Three Bedroom
30% AMI $531
50% AMI $885
60% AMI $1062
Provide affordable, high-quality apartment community for seniors
Supportive services tailored to residents needs
Allows local families to move senior family members nearby
BENEFITS TO HUNTSVILLE
-RESIDENTS -
Example Clubhouse
Eagle Villas Apartments -Community Center & Clubhouse 13
Approximately $8 million dollars construction investment to the City
Creation of approximately 70 jobs during construction
Creation of approximately 2 permanent jobs after construction
Generation of permitting fees for the City
New utilities revenues generated for the City
BENEFITS TO HUNTSVILLE
-ECONOMIC -
14
WHAT WE NEED
City Resolution of Support
City Resolution of Funding Commitment at $250
Your resolution of support will aid in obtaining a letter of support from
State Representative Bailes
We will also speak with local community organizations to request
letters of support
15
16
January 13, 2020 –Deadline to submit pre-applications to TDHCA
February 28, 2020 –Deadline to submit application to TDHCA including:
-Resolution of Support from City of Huntsville
-Community Participation documentation
-Third Party Reports (Environmental, Design & Feasibility Report)
-Support Letter from State Representative Bailes
Mid May 2020 –Scoring Notices Issued for Applications deemed “competitive”
July 23, 2020 –Final awards announced
Nov 2020 –Closing of Financing for Fish Pond at Huntsville, construction
commencement immediately following
Dec 2020 –Construction of Fish Pond at Huntsville
Nov 2021
TIMELINE
CONTACT US
Lora Myrick
Lora@betcohousinglab.com
512.785.3710
Juli Gonzalez
Juli@betcohousinglab.com
830.734.8330
17
David Fournier
dfournier@fishpondliving.com
512.970.3889
Derek DeHay
ddehay@fishpondliving.com
615.828.4092
Agenda Item #2b
Item/Subject: Consider authorizing the City Manager to enter into a contract for a feasibility study on
the Martin Luther King, Jr. Neighborhood Community Center
Initiating Department/Presenter: Parks & Leisure
Presenter: Penny Joiner, Parks and Leisure Director
Recommended Motion: Move to authorize the City Manager to enter into a contract with the
architectural firm Burditt Consultants, LLC to proceed with the feasibility study of the Martin Luther
King, Jr. Neighborhood Community Center.
Strategic Initiative: Goal #1 - City Appearance - Provide policies, amenities, and events that enhance
the City’s already beautiful and historic natural environment.
Discussion:
The Martin Luther King, Jr. Neighborhood Community Center is located in Emancipation Park. It serves
as a rental facility for numerous events almost every weekend. The building was home to the Boys and
Girls Club of Walker County until March of 2019 when they moved into their own building.
After Council approved funds for improvements to the MLK Building, it was determined by staff that
bringing in an architectural firm to determine what improvements can and need to be made would be
beneficial. Burditt Consultants was originally hired in 2016 to create the Parks and Recreation Master
Plan. Their prior work with staff on the master plan makes them a great choice with a distinct
advantage. They are already familiar with Huntsville parks and know the accomplishments staff would
like to see at the MLK building nestled in Emancipation Park.
Staff met with Burditt Consultants on Friday, January 17, 2020, to discuss the scope of work to be
completed and to get an updated look at the MLK Building. Staff discussed with the Consultant the
importance of the facility and the strong desire of the Council to have the community heavily involved
in the process of determining the desired use of the facility and grounds. Burditt submitted their
proposal of services on January 27, 2020.
Burditt Consultants Feasibility Study will begin with the Programming Phase. They will conduct an in-
depth site assessment, facility review and needs assessment. This phase will also include the
involvement of city-identified users and elected officials as well as a public survey. Following the receipt
of the approved Program Statement addressing the Project’s Facts, Goals, Concepts and Needs, Burditt
Consultants will proceed to their next phase of Concept Development.
During the Concept Development phase, the firm will present an Opinion of Probable Costs (OPC) and
Master Plan outlining the proposed improvements recommended by staff, stakeholders, and elected
officials. Burditt will conduct townhall-style meetings allowing for community engagement during this
process.
2/18/19
Agenda Item: 2b
CITY COUNCIL AGENDA
Agenda Item #2b
The final phase will be the Pre-Schematic Design Phase and Feasibility Report in which the updated OPC
and illustrations of the proposed improvements to the building, landscaping, parking and other site
structures are reviewed, revised and approved by staff, stakeholders, and elected officials. Burditt
Consultants will conclude this phase with the Final Draft of the Feasibility Report and distribute to staff
in bound copies and electronically.
After staff is presented with the final report, any remaining funds from the Feasibility Study will be
used to proceed with the recommended improvements to the Martin Luther King, Jr.
Neighborhood Community Center.
Previous Council Action: On September 17, 2019, City Council approved the FY 2019-20 annual budget
which allowed for $100,000 for improvements to the MLK Center.
Financial Implications:
☒Item is budgeted: 815-81574-62300 In the amount of $100,000
(amount in the budget account)
Approvals: ☐City Attorney ☐Director of Finance ☐City Manager
Associated Information:
• Burditt Consultants, LLC Scope of Work
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February 14, 2020 Sent Via Email: pjoiner@huntsvilletx.gov
akulhavy@huntsvilletx.gov
Mr. Aron Kulhavy, City Manager
Ms. Penny Joiner, Parks & Leisure Director
City of Huntsville
1212 Avenue M
Huntsville, Texas 77340
RE: Martin Luther King, Jr. Recreation/Community Center Feasibility Study;
Scope of Work for Architectural Services
Dear Penny and Aron,
We enjoyed meeting with both of you to discuss the Feasibility Study to renovate and expand
the MLK, Jr. Recreation/Community Center. Thank you for the discussion and also for the
expanded tour of the facility and adjacent property. This is an exciting and important project for
all of Huntsville and we appreciate the opportunity to submit our proposal. If selected, we look
forward to working together with staff and all the various stakeholders. Thank you for the clear
direction regarding the City’s expectations for the project scope and explaining the City’s
expressed goals. The discussion was insightful and provided us clarity in preparing our proposal.
Based upon our understanding of the project, the attached Exhibit A provides a detailed outline
of our proposed Scope of Work and Fees. We look forward to further conversations during the
project kick-off meeting to confirm key project tasks, associated milestones, and schedule for
progress updates, steering committee and/or selected stakeholders (if any), public townhall
discussions, survey, and other forms of community outreach, etc.
Our proposal of work includes the following:
1. Facility review of the existing MLK, Jr. Recreation/Community Center, including
observable existing facility conditions, site conditions and opportunities.
2. Limited demand analysis, comparable facilities, program demand, etc.
3. Community engagement (partner agency outreach, key stakeholder discussions, web-
based survey, townhall meetings, etc.
4. Site master planning including accessibility, preliminary traffic impact review, drainage,
existing landscape features and suitability for intended use.
5. Programming and concept scenarios of potential development and related proposed
improvements.
6. Conceptual design services including development of a final Master Plan of the site and
associated development, including rendered illustrations of the proposed Pre-Schematic
improvements.
7. Development of Opinion of Probable Costs (OPC) of proposed site improvements.
8. Submission of Final Report of Feasibility Study, Master Plan and Pre-Schematic designs,
Final OPC, cursory needs analysis, and other supporting documentation.
Consultants LLC
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Page 2 of 11 Pages
The feasibility study will be conducted by our Licensed Architects and Landscape Architects
along with other appropriate team planners and designers responsible for portions of the project.
Thank you for the confidence placed in our firm to execute this important project. We look
forward to programming and designing together, engaging the public together, and successfully
completing the feasibility study in a way that creates a shared vision for renovating and
expanding the MLK, Jr. Recreation/Community Center. We are prepared to begin the project
upon execution of this Agreement for Professional Services with completion by August May 31,
2020. We look forward to discussing any questions you or to address comments regarding revisions
you see as appropriate.
Very sincerely,
Charles Burditt, President
CB/eg
cc: Eric J. Geppelt, AIA
J. Shane Howard
Attachment: Exhibit “A” Scope of Services
Terms and Conditions
2020 Burditt Consultants Hourly Rate Sheet
Statement of Jurisdiction: The Texas Board of Architectural Examiners has jurisdiction
over complaints regarding a registrant’s professional practices. The
Board may be contacted at:
TEXAS BOARD OF ARCHITECTURAL EXAMINERS
P. O. BOX 12337 – AUSTIN, TX 78711-2337
Approval and Notice To Proceed:
Date
By:
City of Huntsville
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Exhibit A
Scope of Work and Fees
SCOPE OF WORK
The following Scope of Work was discussed during an initial meeting on January 17,
2020 with Huntsville City Manager Aron Kulhavy and Parks & Leisure Director Penny
Joiner communicated. The overall Project requirements and subsequent Feasibility
Study will be a detailed and iterative process; therefore, the following is not intended
to be exhaustive. It does serve; however, to establish a basis of agreement that
certain project parameters and understanding are to be included in the Project
Scope of Work.
I. PROGRAMMING PHASE: SITE ASSESSMENT, FACILITY REVIEW, STAFF & SELECTED
USER INTERVIEWS, NEEDS ASSESSMENT, & PROGRAM DEVELOPMENT
1. Conduct initial Project Kickoff Meeting with Staff and Project Team. During this
meeting, a recommended Project Schedule will be presented for consideration.
Tasks will be addressed, and goals and objectives reaffirmed. Additionally, a recommended schedule for internal engagement of Staff, Elected Officials, and
City identified users will be developed between all team members.
2. During initial meetings with Staff, we will confirm any previous design intentions and
preliminary program needs the City has established, improvements and limits of
work, team member roles.
3. Review applicable documents such as current City Comprehensive Plan, Parks
Master Plan, prior feasibility studies, etc.
4. Initiate a preliminary review of relevant regulatory and current City code
requirements.
5. Conduct a review of the existing Recreation/Community Center including
observable conditions of building, associated systems, and site.
6. Review any changes or renovations to adjoining Emancipation Park since the City’s
previous Parks Master Plan.
7. Receive from the City of Huntsville a sealed design survey documents (topography,
metes & bounds, easements, existing improvements, etc.) of the subject property.
The City shall also provide a Geotechnical Report.
8. Conduct a site assessment of the subject property (including adjoining park),
researching preliminary site attributes, such as topography, accessibility, preliminary
traffic-impact review, drainage, existing landscape features/vegetation, tree
canopy, and suitability for intended use. 9. Initiate public engagement with selected stakeholders, partner agencies or
organizations, schools, City Parks Board, Steering Committee, Elected Officials, and
develop web-based public survey.
10. Conduct high level needs analysis, including review of comparable facilities,
identification of local patron program demands, and assessments of trends in
regional recreation.
11. Develop initial Program Statement detailing Facts, Goals, Concepts, & Needs for the
Project as summarized from the following:
• Staff meetings
• Facility assessment
• Initial public engagement efforts
• Web-based public survey
• Needs analysis
• Site assessment
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12. Present a draft of the Program Statement along with supporting data to Staff for
review and comment.
13. Upon approval from Staff, finalize the Program Statement prior to proceeding with
the Concept Development Phase. The approved Program Statement will affirm the
Project’s Facts, Goals, Concepts, & Needs to be utilized during the concept
development and pre-schematic phases.
II. CONCEPT DEVELOPMENT PHASE: DEVELOPMENT CONCEPTS OF RENOVATED AND
NEW IMPROVEMENTS, SITE IMPROVEMENTS, FINAL MASTER PLAN, & INITIAL OPC
1. During this phase, the Project Schedule will be reaffirmed. Related objectives, tasks,
and key milestones will be reviewed. Coordination of anticipated Public Townhall
Meeting(s) will be finalized.
2. Confirm design intentions and preliminary program needs, improvements and limits
of work. Additionally, review facility layout concepts as part of the intended
development approach.
3. Initiate space planning and prioritize adjacencies per program needs as identified
during Phase I. The conceptual facility plan(s) will be developed in association with
the design concepts of the proposed Master Plan.
4. Provide optional concepts of the Master Plan. The Master Plan is an overall vision of
the layout and potential development of the subject property as related to the
proposed planned improvements.
5. Prepare first Opinion of Probable Costs (OPC) of design concept(s) of the Master
Plan and associated improvements.
6. Meet with Staff to review and revise concept(s) of the Master Plan and OPC.
7. Upon Staff’s direction, present to Key Stakeholders and Elected Officials concept(s)
of the Master Plan and selected rendered illustrations of associated proposed
improvements.
8. Prepare presentation boards of the proposed Master Plan(s) and selected rendered
illustrations of associated proposed improvements for a Townhall-style presentation
for Public review. Up to two (2) Townhall meetings have been planned as part of
Public Engagement efforts.
9. Based on the Master Plan(s) review comments by Staff, Stakeholders, Elected
officials, and Public Engagement results, Staff is to advise Design Team on which
concept to be selected as the Final Master Plan for further refinement within the
Feasibility Report.
10. Prepare a Final Master Plan of proposed improvement concepts with an updated
OPC. Typically, two (2) meetings with Staff should be sufficient to refine proposed
development of the Final Master Plan.
11. Present the Final Master Plan and OPC to Staff and confirmation. Upon approval
from Staff, the Design team will commence with the Pre-Schematic Design Phase &
Feasibility Report.
III. PRE-SCHEMATIC DESIGN PHASE & FEASIBLITY REPORT: PRE-SCHEMATIC DESIGN OF
FACILITIES, SITE STRUCTURES, LANDSCAPING, REVIEW OF PRELIMINARY
ENGINEERING CONSIDERATIONS (ADDITIONAL SERVICES), & UPDATED OPC
1. During this phase, the Project Schedule will be reaffirmed. Related objectives, tasks,
and key milestones will be reviewed. Dates for review of Draft Feasibility Study
Report will be confirmed.
2. Reaffirm the Master Plan and latest OPC with City Staff.
3. Refine conceptual facility plans to finalize a pre-schematic floor plans.
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4. Develop pre-schematic exterior and selected interior views of the proposed
Recreation/Community Center.
5. Upon approval by City staff as additional services, evaluate preliminary engineering
considerations (through Civil, Structural, & MEP subconsultants) in association with
Final Master Plan and Pre-Schematic design of the Recreation/Community Center.
6. Confirm sustainable development opportunities and associated systems to be
considered as part of the Feasibility Report.
7. Develop rendered illustrations of selected exterior and interior views of the proposed
Community Center and associated site improvements.
8. Update OPC in association with Pre-Schematic Design of facility, site structures,
parking, landscaping, and other improvements.
9. Meet with Staff for review and comment of Pre-Schematic Designs, rendered
illustrations, and updated OPC.
10. Upon Staff’s direction, present to Key Stakeholders and Elected officials selected
rendered illustrations of Pre-Schematic Designs.
11. Revise Pre-Schematic designs as directed by Staff.
12. Prepare Draft Feasibility Report for Staff review and comment.
13. Revise Draft Feasibility Report per Staff.
14. Prepare and submit Final Feasibility Report.
15. Upon approval by Staff, prepare Final Feasibility Report as project deliverable.
16. At the conclusion of this phase, submit bound copies (number of copies to be
determined by City) of Final Feasibility Report along with reproducible electronic
copies to City Staff.
IV. BASIC SERVICES FEE PROPOSAL:
Based on the proposed ‘Exhibit A’ Scope of Work and general program currently
understood, we propose the following lump sum fees:
A. FEASBILITY STUDY SERVICES FEE ........................................................................ $ 65,000
a. Services include the following:
i. Review of existing MLK, Jr. Recreation/Community Center;
ii. Needs Analysis;
iii. Public Engagement Services;
iv. Site Assessment;
v. Programming, Conceptual Design, & Master Planning;
vi. Pre-Schematic Design Services;
vii. Development of Opinion of Probable Cost (OPC);
viii. Final Report of Feasibility Study, including Final Master Plan and Pre-
Schematic designs of proposed improvements, related OPC, Needs
Analysis, and other supporting documentation.
B. DELIVERABLES
a. Hard-bound copies; 8 ½ x 11 format (Reimbursable Expense paid by City)
b. An electronic copy (PDF) of the Final Feasibility Report will provided.
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V. SPECIAL SERVICES FEE PROPOSAL:
Based on the proposed Basic Services Fee Proposal and general requirements currently
understood, the following Additional Special Services and associated fees may be
requested:
A. PRELIMINARY ENGINEERING (Civil, Structural, MEP) – Cost Plus-Not to Exceed $ 10,000
a. Services include the following:
i. Preliminary review of infrastructure and regulatory requirements;
ii. Enhanced consideration of Civil, Structural, and MEP Engineering
requirements;
iii. Associated preliminary Opinions of Probable Cost from Engineering
Professionals.
CLIENT CHANGE OF PROJECT SCOPE:
Increases to Project Scope and Program beyond those addressed in PROJECT UNDERSTANDING
may be considered Additional Services and require mutually agreed upon fee adjustments.
REIMBURSABLE EXPENESES:
Reimbursable expenses such as the printing and binding of the Final Feasibility Study Document,
public meeting materials, boards for presentation, print and/or electronic advertisements for public
meetings will be additional expenses and shall be invoiced at cost plus ten percent (10%).
Communication to and approval by City staff is required prior to procurement of reimbursable
expenses.
EXCLUSIONS TO BASIC SERVICES:
CLIENT requests for any of the following shall be considered Additional Services and
compensation to CONSULTANT shall be made according to CONSULTANT’s published 2020
hourly rates (attached) or fixed fees with prior approval by the CLIENT, or as an Additional Sub-
Consultant service:
a. Architectural and Engineering Services, including Design Development,
Construction Documents, Specifications, Bidding/Contract Award, and
Construction Contract Administration.
b. Archaeological Studies or Services.
c. Surveying by a licensed surveyor; metes & bounds, easements, utilities, existing
improvements, etc. (* to be provided by City).
d. Geotechnical engineering and report (*Geotech to be provided by City).
e. Ecological/Environmental or Hazardous Assessment (Additional Service at Cost Plus
10 %).
f. Hazard remediation for Asbestos, Brownfield Sites, site contamination, and other
hazardous elements.
g. Re-design of key elements of project after Owner Approval has been given.
h. Food Service Equipment Design.
i. Fire Alarm/Suppression System Design/Security Surveillance Design.
j. Lighting Protection Systems/Design.
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k. Emergency Power Generation Systems/Design.
l. Off-site utility infrastructure Engineering/Design.
m. Material Testing.
n. Design of off-site utility infrastructure improvements.
o. Drainage mitigation.
p. Preparation of easements by separate instrument.
q. Construction staking.
r. Record Drawings and Specifications
s. Contractor As-Built Plans.
t. Traffic impact analysis.
u. LEED Design or Application/Audit.
v. TDLR Fees with registration review and inspection for T.A.S. compliance.
w. USACE 404 Permitting or other Wetland and Endangered Species Mitigation.
x. All permits and/or fees as required by local authorities having jurisdiction.
y. Resident inspection of Construction Operations by Third Party.
z. Value Engineering after award of contract.
PAGE LEFT BLANK INTENTIONALLY
Consultants LLC
PLANNING + ARCHITECTURE + LANDSCAPE ARCHITECTURE
Proposal for Services - Feasibility Study
Huntsville MLK, Recreation/Community Center Burditt Consultants, LLC January 27, 2020
Page 8 of 11 Pages
Exhibit B
BURDITT CONSULTANTS, LLC
2018 HOURLY RATES
HOURLY RATES APPLY ONLY TO ADDITIONAL SERVICES OR FOR REQUESTS MADE OUTSIDE OF BASIC
SERVICES. Hourly Basis Rates for Professional Services not covered under Basic Services and
requested by Owner shall be at the following rates:
CLASSIFICATION HOURLY RATE
Principal $180
Program Manager $170
Project Manager $160
Project Architect/Landscape Architect $145
Senior Planner $145
Senior Urban Forester $145
Wetland Scientist $175
Licensed Irrigator $135
Geographic Information Systems (GIS) Planner $135
Natural Resource Planner $135
Architecture/Landscape Architect Associate $110
Natural Resource/Forester Associate $110
CAD Designer II $ 90
CAD Designer I $ 80
Administrative Assistant II $ 70
Administrative Assistant I $ 55
Invoices are prepared monthly with payments due 30 days of receipt. Interest at the rate of 1 ½
% per month will be charged on all accounts not paid by the 30th day following the billing date.
Reimbursable expenses and necessary sub-consultants not currently required by project
Requested and Approved by Owner shall be invoiced at cost plus ten percent (10%).
Consultants LLC
PLANNING + ARCHITECTURE + LANDSCAPE ARCHITECTURE
Proposal for Services - Feasibility Study
Huntsville MLK Recreation/Community Center
Burditt Consultants, LLC
January 27, 2020
Page 10 of 11 Pages
EXHIBIT C
TERMS AND CONDITIONS
ADDITIONAL SERVICES
Additional assignments outside the scope of work will be invoiced at Burditt Consultants, LLC’s
published 2020 Hourly Rates. Additional assignments include, but are not limited to, any changes
due to revisions in the base data relating to this matter, additional design changes following
approval by Client, any additional services requested by Client. Additional services will be
provided, with prior authorization from Client.
PAYMENT OF FEES
For the scope of services stated herein, Client agrees to pay Consultant the compensation stated
in this Agreement. Consultant agrees to submit invoices monthly for services rendered. Invoices
shall be forwarded upon completion or, based upon the percentage of completion. Invoices are
due and payable, in Conroe, Texas, within 30 days of receipt. Any invoice payment due past 30
days will be subject to interest at the rate of the lesser of (i) one and one-half percent (1 1/2%) per
month or (ii) the maximum rate allowed by law.
REIMBURSABLE EXPENSES
Necessary reimbursable expenses, such as printing of the Final Feasibility Study Document, copies
(CAD plots), project presentation boards, electronic or print advertising for public involvement
meetings, blue or blackline prints, xerox enlargements, shipping, etc., shall be paid by Client at
cost plus ten percent (10)% after prior approval by City staff.
FORCE MAJEURE
Circumstances or events may occur that are outside the control of either party. Neither party shall
be deemed in default of this Agreement to the extent that any delay or failure in the performance
of its obligations results from any cause beyond its reasonable control and without its negligence.
STANDARD OF CARE
The standard of care for all professional services performed or furnished by Consultant under this
Agreement will be the skill and care used by members of Consultant’s profession practicing under
similar circumstances at the same time and in the same locality. Consultant makes no warranties,
express or implied, under this Agreement or otherwise, in connection with Consultant’s services.
INDEMNIFICATION
To the fullest extent permitted by law, Client and Consultant each agree to indemnify and hold
the other harmless, and their respective officers, employees, agents and representatives, from and
against liability for all claims, losses, damages and expenses, including reasonable attorneys’ fees,
to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's
negligent acts, errors or omissions. In the event claims, losses, damages or expenses are caused
by the joint or concurrent negligence of Client and Consultant, they shall be borne by each party
in proportion to its negligence.
Consultants LLC
PLANNING + ARCHITECTURE + LANDSCAPE ARCHITECTURE
Proposal for Services - Feasibility Study
Huntsville MLK Recreation/Community Center
Burditt Consultants, LLC
January 27, 2020
Page 10 of 11 Pages
RISK ALLOCATION
Burditt Consultants, LLC agrees to carry out and perform the services herein agreed to in a
professional and competent manner. In recognition of the relative risks, rewards, and benefits of
the project both to the Client and Burditt, the risks have been allocated so that the Client agrees
that, to the fullest extent permitted by law, Burditt’s total liability to the Client, for any and all claims,
losses, expenses, damages or claim expenses arising out of this agreement, from any cause or
causes, shall not exceed the total amount of Burditt’s fee or other amount agreed upon when
added under Special Conditions. Such causes include, but are not limited to, Burditt’s negligence,
errors, omissions, strict liability, breach of contract or breach of warranty.
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by Consultant pursuant to this Agreement are instruments of
Consultant’s professional service, and Consultant shall retain an ownership and property interest
therein. Consultant grants Client a license to use instruments of Consultant’s professional service
for the purpose of constructing, occupying and maintaining the Project. To the fullest extent
permitted by law, reuse or modification of any such documents by Client, without Consultant’s
written permission, shall be at Client’s sole risk, and Client agrees to indemnify and hold Consultant
harmless from all claims, damages and expenses, including attorneys’ fees, arising out of reuse by
Client or by others acting through Client.
USE OF ELECTRONIC MEDIA
Copies of documents that may be relied upon by Client are limited to the printed copies (also
known as hard copies) that are signed or sealed by Consultant. Files in electronic media format or
text, data, graphic or other types that are furnished by Consultant to Client are only for
convenience of Client. Any conclusion or information obtained or derived from such electronic
files will be at the user’s sole risk. When transferring documents in electronic media format,
Consultant makes no representations to long-term compatibility, usability, or readability of
documents resulting from the use of software application packages, operating systems or
computer hardware differing from those in use by Consultant at the beginning of this assignment.
HAZARDOUS ENVIRONMENTAL CONDITIONS
It is acknowledged by both parties that Consultant’s scope of services does not include any
services related to the presence at the site of asbestos, PCBs, petroleum, hazardous waste or
radioactive materials. Client acknowledges that Consultant is performing professional services for
Client and Consultant is not and shall not be required to become an “arranger,” “operator,”
“generator” or “transporter” of hazardous substances, as defined in the Comprehensive
Environmental Response, Compensation, and Liability Act of 1990 (CERCLA).
OPINIONS OF COST
When included in Consultant’s scope of service, opinions or estimates of probable construction
cost are prepared on the basis of Consultant’s experience and qualifications and represent
Consultant’s judgment as a professional general familiar with the industry. However, since
Consultant has no control over the cost of labor, materials, equipment or services furnished by
others, over contractor’s methods of determining prices, or over competitive bidding or market
conditions, Consultant cannot and does not guarantee that proposals, bids, or actual construction
cost will not vary from Consultant’s opinions or estimates of probable construction cost.
Consultants LLC
PLANNING + ARCHITECTURE + LANDSCAPE ARCHITECTURE
Proposal for Services – Feasibility Study
Huntsville MLK Recreation/Community Center
Burditt Consultants, LLC
January 27, 2020
Page 11 of 11 Pages
TERMINATION OF CONTRACT
Client may terminate this Agreement with seven (7) days prior written notice to Consultant for
convenience or cause. Consultant may terminate this Agreement for cause with seven (7) days
prior written notice to Client. Failure of Client to make payments when due shall be cause for
suspension of services or, ultimately, termination, unless and until Consultant has been paid in full all
amounts due for services, expenses and other related charges.
TDLR DOCUMENTATION:
Pursuant to Texas Accessibility Standards (TAS) and ADA Requirements, Client is responsible for any
fees associated with the review, filing and recording of the Landscape Construction Documents. If
an Elimination of Architectural Barriers (EAB) project number is available, Client shall provide Burditt
with the number prior to finalization of the Construction Documents. Pursuant to the requirements
of the law, Burditt will file the plans for review.
CONSTRUCTION PHASE SERVICES
If this Agreement provides for any construction phase services by Consultant, it is understood that
the Contractor, not Consultant, is responsible for the construction of the project, and that Consultant
is not responsible for the acts or omissions of any contractor, subcontractor or material supplier; for
safety precautions, programs or enforcement; or for construction means, methods, techniques,
sequences and procedures employed by the Contractor.
INSURANCE
Consultant shall maintain in force insurance in the following amounts
$1,000,000 – General Liability
$1,000,000 – Professional Liability
Commercial Automobile and Worker’s Compensation in the amount required by state law.
TO BE PROVIDED BY CLIENT
Client shall provide the following information if available:
1. Legal descriptions of property (CAD)
2. Any available site plans, relevant documents, utilities or easements.
3. Sealed Design Survey (including topography, metes & bounds, easements, utilities,
existing improvements, etc.) of proposed subject parcel.
4. Geotechnical Study/Report
5. If available, prior As-Built Plans of the current MLK, JR. Recreation/Community Center
from prior contractor services or City’s self-performance.
Agenda Item #3a
Item/Subject: Consider Resolution 2020-14 in support of the passage of Congressional Bill HR 759,
the Ysleta De Sur Pueblo and Alabama Coushatta tribes of Texas Equal and Fair Opportunity Settlement
Act.
Initiating Department/Presenter: Economic Development
Presenter: Aron Kulhavy, City Manager
Recommended Motion: Move to adopt Resolution 2020-14 in support of in support of the passage of
Congressional Bill HR 759, the Ysleta De Sur Pueblo and Alabama Coushatta tribes of Texas Equal and
Fair Opportunity Settlement Act.
Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse
economy.
Discussion: The Ysleta del Sur Pueblo and Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity
Settlement Act (the Act), was introduced by Congressman Babin. The purpose of the Act is to clarify the
Tribes’ sovereign rights to game and will also end the decades of litigation between the Tribes and the
State of Texas. In more simple terms, it will allow, without question, Naskila Gaming to continue
operations as they currently operate.
The Tribe has requested Huntsville and several other jurisdictions in the area to support this Act by
adoption of a resolution. According to information provided by the Texas Forest Country Partnership,
in addition to the 370 jobs at the Naskila Gaming facility, 211 additional jobs have been created in the
region and $140 million infused into the local economy.
Many other governments in the region have adopted a similar resolution supporting the Tribes’ efforts,
including the cities of Livingston, Cleveland, and Onalaska, and the Commissioner’s Courts of Polk, Tyler,
Walker, San Jacinto, Orange, Liberty, and Trinity Counties. Members of the Tribes will be present at the
meeting to answer any questions about the resolution.
Previous Council Action: None
Financial Implications: None
Approvals: ☒City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Resolution No. 2020-14
2/18/2020
Agenda Item: 3a
CITY COUNCIL AGENDA
RESOLUTION NO. 2020-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, SUPPORTING AND URGING THE PASSAGE OF CONGRESSIONAL BILL HOUSE RESOLUTION (HR) 759, THE YSLETA DE SUR PUEBLO AND ALABAMA-COUSHATTA TRIBES OF TEXAS EQUAL AND FAIR OPPORTUNITY SETTLEMENT ACT.
WHEREAS the Alabama-Coushatta Tribe of Texas is a federally recognized Indian Tribe located in Polk County, Texas and is committed to supporting the economic development and creation of jobs within Polk and surrounding counties of Deep East Texas; and
WHEREAS the Alabama-Coushatta Tribe of Texas’ Naskila electronic bingo facility, supports more than 650 jobs in Deep East Texas and is the second largest employer in Polk County, and is responsible for injecting nearly $150 million annually in revenue to the region; and
WHEREAS the Alabama-Coushatta Tribe of Texas provided over 50 fully paid collegiate scholarships for graduating high school students of the Tribe in 2019; and
WHEREAS the Alabama-Coushatta Tribe of Texas being a good community partner, contributed $500,000 in donations after Hurricane Harvey to several counties, and purchased 30 manufactured home units;
WHEREAS United States Congressman Brian Babin (R-Woodville) has filed H.R. 759 to clarify conflicting federal statutes regarding the right of the Alabama-Coushatta Tribe of Texas to offer Class II electronic bingo on their tribal lands pursuant to the Indian Gaming Regulatory Act, a right enjoyed and exercised by the Kickapoo Traditional Tribe of Texas since 1996; and WHEREAS the passage of H.R. 759 is vital to continued economic development and health of both the Alabama-Coushatta Tribe of Texas and all Deep East Texas;
NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas, joins the Alabama-Coushatta Tribe of Texas in support of its effort for passage of H.R. 759 to clarify that the Tribe can enjoy the opportunity for tribal economic development on terms that are equal and fair, and to protect jobs. FURTHER, the City of Huntsville urgently requests that United States Senators John Cornyn and Ted Cruz of Texas, as well as the other 35 Texans elected to the United States House of Representatives, join Congressman Babin in securing the enactment of H.R. 759 into law.
Passed and approved this 18th day of February 2020. THE CITY OF HUNTSVILLE _______________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: _________________________________ _______________________________ Brenda Poe, City Secretary Leonard Schneider, City Attorney
1/27/2020 City of Huntsville, Texas Mail - Online Form Submittal: Citizen Participation Request
https://mail.google.com/mail/u/0?ik=c1b0b1caf0&view=pt&search=all&permthid=thread-f%3A1656371937831095631&simpl=msg-f%3A16563719378…1/2
Brenda Poe <bpoe@huntsvilletx.gov>
Online Form Submittal: Citizen Participation Request
2 messages
noreply@civicplus.com <noreply@civicplus.com>Tue, Jan 21, 2020 at 2:42 PM
To: CitySecretary@huntsvilletx.gov
Citizen Participation Request
Citizen Participation Request Form
Thank you for contacting the City of Huntsville to request an item be placed on an
upcoming regular City Council meeting agenda, under the Citizen Participation
section.
Please complete the fields below and contact the City Secretary's Office at 936-
291-5413, or via email if you have any questions or concerns.
If you prefer, requests may also be submitted in person in writing, in a couple ways:
By mail:
City Secretary
1212 Avenue M
Huntsville, Texas, 77340
By email: citysecretary@huntsvilletx.gov, or
By fax: 936-291-5409 (Attention: City Secretary's Office)
A citizen may provide an item for the agenda of a regular meeting (1st and 3rd
Tuesdays of each month) by submitting a Citizen Participation Request by noon on
the Tuesday prior to a regularly-scheduled City Council meeting.
First Name Patricia
Last Name Freeman
Address1 208 Morris Lane
Address2 Field not completed.
City Huntsville
State TX
Zip 77320
Phone 19362950513
Email patriciagage80@yahoo.com
Please describe (in detail)
the item you are requesting
be on a City Council agenda:
Blocking off the street doing the MLK Parade and June 19
Parade.