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3-3-2020 packet CITY OF HUNTSVILLE, TEXAS Andy Brauninger, Mayor HUNTSVILLE CITY COUNCIL AGENDA TUESDAY, MARCH 3, 2020 WORKSHOP 5:00 P.M. - REGULAR SESSION 6:00 P.M. CITY COUNCIL CHAMBERS & LARGE CONFERENCE ROOM HUNTSVILLE CITY HALL, 1212 AVENUE M, HUNTSVILLE, TEXAS 77340 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary’s office (936.291.5413), two working days prior to the meeting for appropriate arrangements. WORKSHOP [5:00 P.M.] The City Council will hear a presentation on the Airport Master Plan. 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. 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 18, 2020. [Brenda Poe, City Secretary] 2. STATUTORY AGENDA a. Consider authorizing the City Manager to enter into an Interlocal Cooperation Agreement with Walker County to jointly fund additional engineering design for expansion of scope of work for improvements to FM 2821 and Rosenwall Road Intersection Project, Project #18-04-01.2B. [Y.S. “Ram” Ramachandra, City Engineer] b. Consider authorizing additional engineering design services to KSA Engineering for expansion of scope of work for improvements to FM 2821 and Rosenwall Road Intersection Project, Project #18-04-01.2B. [Y.S. “Ram” Ramachandra, City Engineer] c. Consider the lapse in the approval of the Planned Development District Amendment and Concept Plan for the Planned Development for the approximate 66-acre tract of land located at 907 State Highway 19. [Janet Ridley, City Planner] d. Consider authorizing the City Manager to apply for the FY 2019 Assistance to Firefighters Grant (AFG) Program through the U.S. Department of Homeland Security and adopting Resolution 2020-18 in support of same. [Greg Mathis, Fire Chief] 3. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY a. FIRST READING - Consider approval of Ordinance 2020-17 denying CenterPoint Energy rate increase application, first reading. [Leonard Schneider, City Attorney] b. Consider approving nominees for City boards, committees, and commissions. [Andy Brauninger, Mayor] 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 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. Suzanne Badger would like address Council with local Huntsville resident DeAnna, to talk about distracted driving and the ways Huntsville government can educate and enforce the law. 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. 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 March 3, 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: 2/27/2020 TIME OF POSTING: 8:45 am ____________________________ TAKEN DOWN: Brenda Poe, City Secretary Brenda Poe MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 18th DAY OF FEBRUARY 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: Daiquiri Beebe, Blake Irving, Russell Humphrey, Dee Howard Mullins, Paul Davidhizar, Joe P. Rodriquez COUNCILMEMBERS ABSENT: Andy Brauninger, Clyde D. Loll, Mari Montgomery OFFICERS PRESENT: Aron Kulhavy, City Manager; Brenda Poe, City Secretary; Leonard Schneider, City Attorney WORKSHOP [5:00 P.M.] The workshop was cancelled prior to the meeting. MAIN SESSION [6:00 P.M.] CALL TO ORDER – Mayor Pro Tem Rodriquez called the meeting to order at 6:00 p.m. INVOCATION AND PLEDGES - U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. Mayor Pro Tem Rodriquez gave the invocation and led the pledges. PROCLAMATION & PRESENTATION - Young local artists from Huntsville ISD were recognized - Mayor Pro Tem Rodriquez read a proclamation for Texas Week – March 1-7, 2020 - Kerrick Henny Texas gave a presentation on Texas Back In Business, offered through the Texas General Land Office. 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] Councilmember Davidhizar made a motion to approve the consent agenda with approval to correction of the date on the minutes presented; the motion was seconded by Councilmember Beebe. The motion was adopted, 6-0. Councilmember Howard Mullins asked the minutes to reflect a statement asking staff to consider contractors selected for future projects reflect the core values of city. 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 development proposed to be located in the 100 block of FM 247. [Kevin Byal, Director of Development Services / Building Official] Councilmember Howard Mullins made a motion 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; the motion was seconded by Councilmember Beebe. The motion was adopted, 6-0. 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] Councilmember Davidhizar made a motion 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; the motion was seconded by Councilmember Beebe. The motion was adopted, 6-0. 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] Councilmember Beebe made a motion 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; the motion was seconded by Councilmember Howard Mullins. The motion was adopted, 6-0. 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. Judith Ziegler would like to discuss accessibility of City Council chambers for hearing impaired, etc. Judith Ziegler was not in attendance. c. Ethel Hawkins would like to discuss Strong Women Stand Together in Prayer and Fasting Against Homelessness in Huntsville, Texas. Ethel Hawkins spoke about her efforts to stand as a strong woman in her community. 5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA None 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 Pro Tem Rodriquez announced the City of Huntsville Main Street Program is excited to host the Huntsville Main Street Music Series at the Old Town Theatre. The public is invited to celebrate some of the finest music and musicians Texas has to offer, featuring Kenny Jackson Jr., Austin English, Kenny Martin Band, and Marcus Lindsey Band. The free music series will take place on four of the five Thursdays in the month of April, including the 2nd, 9th, 23rd, and 30th. Doors open at 5:30 p.m., with music starting at 6:30 p.m. Find more information at HuntsvilleTX.gov. Councilmember Humphrey invited the public to the Walker County Genealogical Society on Sunday, February 16 from 12:30 to 6 for a Winter Genealogy Lock-in! Research help will be available to attendees and lunch will be served. For more information or to register at MyHuntsvilleLibrary.com. Councilmember Beebe spoke about the upcoming Prison City Film Festival which is back for more in 2020! The four-day international Independent Film Festival will take place at the Old Town Theatre on 12th Street, starting Wednesday, Feb. 26 through Saturday, Feb. 29th. For more information, visit PrisonCityFilmFestival.com. Councilmember Irving reminded city residents that the City of Huntsville Solid Waste Division will be hosting the quarterly FREE residential community-wide cleanup from March 2-7. Large roll off dumpsters will be available in all four wards from 7 a.m. Monday to 4 p.m. Saturday. No electronics, commercial dumping, tires, liquid waste or flammable liquids are allowed. The dumpsters will be: Ward 1 - Jury overflow parking at the corner of Avenue M and 12th Street; Ward 2 - Josey Park; Ward 3 - Emancipation Park; and Ward 4 - Broadmoor cul-de-sac by Brookhollow. For more information, call 294-5712. Councilmember Howard Mullins reiterated that the Census Bureau will begin mailing out information for four ways to respond. They include online, by phone, by mail and in person. There are multiple levels of languages to accommodate an easier completion of the survey online or by phone. Each completed survey is a building block to a better America and #HomeSweetHuntsville. Learn more about the importance of the 2020 Census and how to participate at 2020census.gov. Councilmember Davidhizar asked the public to join Councilmembers and staff for the Pancake Supper Fundraiser by the Huntsville Kiwanis Club annual from 5 to 7 p.m. this Friday, February 21. $5 gets you all- you-can-eat pancakes, sausage, and breakfast beverages! Cash only. All funds will go to support the library's literacy efforts. City Manager Aron Kulhavy introduced the new City Librarian Rachel McPhail to the council. 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] The Council adjourned to Executive Session at 6:53 p.m. 8. RECONVENE The Council reconvened at 7:14 p.m. Mayor Pro Tem Rodriquez announced that item 7b was postponed until March 3, 2020. ADJOURNMENT Mayor Pro Tem Rodriquez adjourned the meeting without objection at 7:14 p.m. Brenda Poe, City Secretary ATTEST: CITY OF HUNTSVILLE ________________________________ ________________________________ Brenda Poe, City Secretary Joe Rodriquez, Mayor Pro Tem Agenda Item #2a Item/Subject: Consider authorizing the City Manager to enter into an Interlocal Cooperation Agreement with Walker County to jointly fund additional engineering design for expansion of scope of work for improvements to FM 2821 and Rosenwall Road Intersection Project, Project #18-04-01.2B. Initiating Department/Presenter: Engineering Presenter: Y.S. “Ram” Ramachandra, City Engineer Recommended Motion: Move to authorize the City Manager to enter into an interlocal Cooperation Agreement with Walker County to jointly fund additional engineering design for expansion of scope of work for improvements to FM 2821 and Rosenwall Road Intersection Project, Project #18-04-01.2B. Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and physical structures so that the City’s core services can be provided in an effective and efficient manner. Discussion: The City and Texas Department of Transportation (TxDOT) currently has a funding agreement (termed Advance Funding Agreement or AFA) to design and construct the following improvements to FM 2821 and Rosenwall Road intersection: a) Left turn lanes on FM 2821 to access Rosenwall Road, Smith Hill Road and entrance to new PD site. b) Installing flashing traffic signal at the intersection (with features to convert to full signalization when warranted in a few years from now). c) Right turn lane for westbound traffic on FM 2821 to safely access PD site. TxDOT has agreed to fully fund the construction of the improvements as described above, with the City providing the necessary engineering design. The City has retained KSA Engineering, Longview, TX, to provide engineering design services for this project. The Walker County has since approached TxDOT and TxDOT has agreed to extend the project construction limit for additional 1,200 linear feet to the west along FM 2821 to provide turning lanes to the County Jail and neighboring facilities (map attached). Like the existing funding agreement, TxDOT will fund the additional construction if other parties (County or City or County and City jointly) can fund the additional engineering design. An Interlocal Cooperation Agreement has been developed between the County and the City to jointly meet the additional engineering design cost. The proposed Interlocal Cooperation Agreement provides for the County to fund up to $40,000 and the City to fund $18,000 to meet the cost of additional engineering design. In addition, the City will provide Surveying data necessary for the design. The Walker County Commissioners Court has passed Order No. 2020-36 in their February 24, 2020 meeting agreeing to enter an interlocal agreement for engineering design cost sharing (copy of the Order is attached). The project construction is anticipated to start during Fall 2020. 3/3/2020 Agenda Item: 2a CITY COUNCIL AGENDA Agenda Item #2a Previous Council Actions: a) The Council approved Advance Funding Agreement with TxDOT committing $95,000 for engineering design cost in October 15, 2019 meeting; and b) The Council authorized the City Manager to enter into an agreement with KSA Engineering for engineering design services for FM 2821 & Rosenwall Road intersection improvements in October 15, 2019 meeting. Financial Implications: ☒Item is budgeted: 816-81601-62300 - Bond Proposition No. 1 funds Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: • Walker County Order No. 2020-36 passed by the Commissioners Court on 02/24/2020 • Proposed Interlocal Cooperation Agreement for Engineering Design Cost Sharing INTERLOCAL COOPERATION AGREEMENT FOR SHARING OF ENGINEERING COSTS ASSOCIATED WITH IMPROVEMENTS AND WIDENING OF FM 2821 This Interlocal Cooperation Agreement is entered into, effective on the date when the last Party executes the agreement, by and between the County of Walker, Texas, (hereinafter, "County"), and the City of Huntsville, Texas, (hereinafter, "City"). WITNESSETH: WHEREAS, Chapter 791 of the Texas Government Code allows local government entities to make the most efficient use of their powers by enabling them to contract with other governmental entities for the provision of services to the public; and WHEREAS, the County and the City each possesses the power and authority to engage in activities that promote safe travel, and to construct and operate improvements to further those ends; and WHEREAS, the County and the City agree that a widened FM 2821 in the area of the County Jail and neighboring facilities would provide safety benefits; and WHEREAS, the parties agree that their respective contribution of funding and/or in-kind labor to the project allows the burden of the cost for the improvements to be lessened on each entity; NOW, THEREFORE, the County and the City hereby agree as follows: 1. County and City will share in the cost of the required engineering and design project for the widening of approximately 1,200 linear feet segment of FM 2821. Approximate project segment limits are depicted in the attached Exhibit “A”. 2. The cost share shall begin at the termination point of the previous most western end point of the City’s current widening engineering and design project associated with the construction of the traffic signal by Texas Department of Transportation at the intersection of Rosenwall Road and FM 2821. 3. The cost share shall terminate at a point approximately 1,200 linear feet west of the beginning point. 4. County is contributing only monetarily to the project. No in-kind services are expected or required of the County. 5. City shall amend its agreement with KSA Engineers to include the new portion of the widening into its scope of work for the project. 6. The cost of the engineering and design is $58,000 plus the Surveying cost, and shall be divided with each entity paying or contributing: a. County: $40,000 b. City: $20,000 and surveying cost by utilizing in-house Surveying staff. 7. No Party to this Agreement will be responsible for the acts of an employee of another Party except as may be decreed against that Party by a judgment of a court of competent jurisdiction. It is expressly understood and agreed that by executing this Agreement no Party waives, nor shall be deemed to have waived, any immunity or defense otherwise available to it under the law. Each Party to this Agreement waives all claims against every other Party to this Agreement for compensation for any loss, damage, personal injury, or death, occurring as a consequence of the performance of this Agreement, except for acts in violation of law. 8. If any one or more of the provisions of this Agreement is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision and the Agreement will be construed without the invalid, illegal or unenforceable provision. 9. City and County will make payments under this agreement from current revenues. 10. Any notice given hereunder by one party to the other party shall be in writing and may be effected by personal delivery, by registered or certified mail, return receipt requested, when mailed to the proper party, in care of the official signing this Agreement or by fax transmission as agreed to by the Parties and as evidenced by a confirming return fax transmission. If to City of Huntsville: City Manager 1212 Avenue M Huntsville, Texas 77340 Phone: (936) 291-5401 Fax: (936) 291-5409 If to Walker County: County Judge Walker County 1100 University Avenue # 204 Huntsville, Texas 77340 Phone: (936) 436-4923 Fax: (936) 436-4914 11. This is the complete and entire Agreement between the Parties with respect to the matters herein and supersedes all prior negotiations, agreements, representations, and understandings, if any. This Agreement may not be modified, discharged, or changed in any respect whatsoever except by a further agreement in writing duly executed by the parties hereto. No official, representative, agent, or employee of Walker County, Texas, has any authority to modify this Agreement, except pursuant to such express authority as may be granted by the Commissioners Court of Walker County, Texas. No official, representative, agent, or employee of the City of Huntsville, Texas, has any authority to modify this Agreement, except pursuant to such express authority as may be granted by the City Council of Huntsville, Texas. 12. The Parties agree to execute such other and further instruments and documents as are or may become necessary or convenient to carry out the purposes of this Agreement. 13. This Agreement shall be construed under the laws of the State of Texas. Any suits relating to this Agreement will be filed in a district court of Walker County, Texas. 14. Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the Parties hereto, any benefits, rights, or remedies under or by reason of this Agreement. 15. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original and all of which together constitute one and the same instrument. 16. The initial term of this agreement shall begin on the date when executed by the last party and shall continue until the project is completed, unless sooner terminated by either Party as provided herein. Either Party may terminate this agreement by giving the other Party written notice of its intent to terminate at least thirty (30) days prior to the effective date of the termination. The termination of the contract shall not prevent nor eliminate either party’s responsibility to pay any outstanding balances due for expenses incurred under the contract. Approved on the date or dates indicated. CITY OF HUNTSVILLE _______________________________ Aron Kulhavy, City Manager ATTEST: _______________________________ Brenda Poe, City Secretary APPROVED AS TO FORM: _______________________________ Leonard Schneider, City Attorney Executed on this the 3rd day of March of 2020. COUNTY OF WALKER _______________________________ Danny Pierce, County Judge ATTEST: _______________________________ Kari French, County Clerk APPROVED AS TO FORM: _______________________________ William Durham, Criminal District Attorney Executed on this the ____ day of _______________ of 2020. EXHIBIT “A” Project Segment: Left turn lane to be constructed in the project segment Agenda Item #2b Item/Subject: Consider authorizing additional engineering design services to KSA Engineering for expansion of scope of work for improvements to FM 2821 and Rosenwall Road Intersection Project, Project #18-04-01.2B. Initiating Department/Presenter: Engineering Presenter: Y.S. “Ram” Ramachandra, City Engineer Recommended Motion: Move to authorize additional engineering design services to KSA Engineering for expansion of scope of work for improvements to FM 2821 and Rosenwall Road Intersection Project, Project #18- 04-01.2B. Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and physical structures so that the City’s core services can be provided in an effective and efficient manner. Discussion: The City and Texas Department of Transportation (TxDOT) currently has a funding agreement (termed Advance Funding Agreement or AFA) to design and construct the following improvements to FM 2821 and Rosenwall Road intersection: a) Left turn lanes on FM 2821 to access Rosenwall Road, Smith Hill Road and entrance to new PD site. b) Installing flashing traffic signal at the intersection (with features to convert to full signalization when warranted in a few years from now). c) Right turn lane for westbound traffic on FM 2821 to safely access PD site. TxDOT has agreed to fully fund the construction of the improvements as described above, with the City providing the necessary engineering design. The City has retained KSA Engineering, Longview, TX, to provide engineering design services for this project. The Walker County has since approached TxDOT and TxDOT has agreed to extend the project construction limit for another 1,200 linear feet to the west along FM 2821 to provide turning lanes to the County Jail and neighboring facilities (map attached). Like the existing funding agreement, TxDOT will fund the additional construction if other parties (County or City or County and City jointly) can fund the additional engineering design. Upon the County and City request, KSA Engineering has provided a proposal in the amount of $58,000 to provide additional engineering services. KSA’s proposal excludes topographic surveying, which will be provided by the City using in-house Surveying resources. An Interlocal Cooperation Agreement has been developed between the County and the City to jointly meet the additional engineering cost. As per the Interlocal Cooperation Agreement, the County will fund up to $40,000 and the City will fund $18,000. As stated above, in addition, the City will provide Surveying data necessary for the design. Proposed fee of $58,000 by KSA Engineering for additional engineering design services is reasonable for the required tasks and is recommended for approval. The project design is anticipated to start during Fall 2020. 3/3/2020 Agenda Item: 2b CITY COUNCIL AGENDA Agenda Item #2b Previous Council Actions: a) The Council approved Advance Funding Agreement with TxDOT committing $95,000 for engineering design cost in October 15, 2019 meeting; and b) The Council authorized the City Manager to enter into an agreement with KSA Engineering for engineering design services for FM 2821 & Rosenwall Road intersection improvements in October 15, 2019 meeting. Financial Implications: ☒Item is budgeted: 816-81601-62300 - Bond Proposition No. 1 funds Approvals: ☐City Attorney ☐Director of Finance ☐City Manager Associated Information: • Scope of Work and Fee proposal by KSA Engineering for additional services • Project Location Map (Exhibit AD) – shows Current Project and Proposed Additional Work Agenda Item #2c Item/Subject: Consider the lapse in the approval of the Planned Development District Amendment and Concept Plan for the Planned Development for the approximate 66-acre tract of land located at 907 State Highway 19. Initiating Department/Presenter: Development Services Presenter: Janet Ridley, City Planner Recommended Motion: Move to reinstate the Developer’s authorization to submit a Development Plan for the Planned Development of the subject property. Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse economy. Discussion: An overview of the Planned Development process follows. • In the simplest terms a Planned Development is a condensed version of the Development Code specific only to the subject property with review both by the Planning Commission and the Council before development can occur. • There is a three-step plan approval for a Planned Development. 1) Planning Commission and Council approval of an initial generalized “Concept Plan” and the Development District reclassification of the property as Planned Development (PD). 2) Planning Commission and Council approval of a more detailed “Development Plan”. 3) Staff approval of the Planned Development Site Plans. The applicable sections of the City’s Development Code for Planned Development are Sections 2.304 and 12.400. In the Fall of 2017 the owner of property located at 907 State Highway 19 made application to amend the Development District Map to reclassify an approximately 66-acre tract of land from Management (M) to Planned Development (PD) along with the submittal of a Concept Plan for the proposed Planned Development of the property. The subject property is bounded by SH 19 on the upper east, Huntsville High School and the HISD Transportation Facility on the northwest, First Street and some residential lots along the lower southwest, The Meadow at Horse Creek subdivision, (single family residential lots), on the lower east and upper south and estate property also along the upper south. All of the surrounding property is classified as Management (M). The submitted Concept Plan was for mixed uses to include a RV park, food truck park, open space/detention, and reserves for future development. Upon recommendation by the Planning Commission, Council approved the Concept Plan for the Planned Development and passed and approved Ordinance 2018-04 to reclassify the property as Planned Development (PD) on November 21, 2017. Subsection 12.403.B of the Development Code addresses the timing and lapse of approval of the PD District Map Amendment and the Concept Plan. These approvals lapse if a Development Plan for the Planned Development, second step in the process, has not been submitted within two (2) years from the Council approval date. 3/3/20 Agenda Item: 2c CITY COUNCIL AGENDA Agenda Item #2c Approval for the PD District Map Amendment and the Concept Plan lapsed on November 21, 2019. The property owner/applicant has notified the City that they wish to have these approvals reinstated in order to go forward with the submittal of a Development Plan. The aforesaid Section 12.403.B of the Development Code provides two (2) possible options for the reinstatement of the approvals. 1. Upon Council consideration of the request for reinstatement of the prior approvals, Council may vote to approve the authorization of the developer to proceed with submittal of a Development Plan. (Development Plan approval requires Public Hearing before the Planning Commission with recommendation to Council as well as Public Hearing before Council and Council approval.) 2. Council may institute proceedings to determine whether the property should be classified as another Development District, i.e. returned to Management (M) Development District. In this case the following will occur: a. The Planning Commission will review and deliver its recommendation, with a copy to the property owner, to City Council. b. Council must conduct a Public Hearing on the matter. c. Council must determine what action is to be taken with respect to the PD District. i. Revoke the developer’s authorization to submit a Development Plan. ii. Reinstate the developer’s authorization to submit a Development Plan. Upon review of the case and circumstances, because of the short lapse in time, staff recommends option 1. Should the Council wish to choose option 2 and institute proceedings to revisit the development district classification of the site, an appropriate motion would be to move to institute proceedings to determine if the subject property should be classified in another Development District. Per the approved Concept Plan the proposed Planned Development is to occur within a minimum of two (2) phases. The first phase will consist of lots for tiny homes and recreational vehicles (RVs) with common area for an office, pool, showers, laundry room, etc. There will also be green space provided within the first phase. The tiny homes included in this development are RVs and licensed and regulated the same an any other RV. Additional tiny home and RV spaces will be provided in the second phase along with a food truck park, auditorium, second pool, and parking areas. Area is also allotted for other commercial development. The Concept Plan provides for approximately 7.37 acres of green space, 8.31 acres of nature preserve, (which includes storm water detention pond), and an amenity pond of 3.3 acres in size. Approximately 21.4 acres of the subject property, the lower southwest portion, is designated for future development. The Concept Plan indicates that the driveways within the RV and tiny homes area will be concrete and a minimum of thirty (30) feet in width. There was one item in the proposed development, essential for the development, which does not fit within the strict confines of the City’s Development Code. The developer needs/wishes that there not be a maximum time limit placed on the length of stay for RVs and tiny homes. The developer asked that this item be addressed as part of the Concept Plan approval in order to proceed with the plans for the development. The developer advised that there will be stringent restrictions for the RV Park to ensure that the quality of the Park will be maintained if the Development Code 90-day maximum length of stay requirement is waived. The proposed restrictions were provided to the Planning Commission for review. The Planning Commission gave approval of the waiver for the maximum 90-day length of stay. The proposed restrictions were also submitted to Council as part of the Concept Plan consideration Agenda Item. If Council decides to reinstate the authorization for the developer to proceed with submittal a Development Plan for the property, there may be other items which do not fit within the strict confines of the Development Code. These differences between the proposed development and the Agenda Item #2c Development Code will be addressed as part of the Development Plan approval in the Planned Development (PD) process. Please note that items included within the approved Development Plan will be enforceable by the City by Ordinance while RV Park restrictions, if not included within the Development Plan, will not be the responsibility of the City. During the approval process for the Concept Plan and the reclassification of the property to the PD Development District there was some opposition from the public for the proposed development. The opposition was voiced by three (3) residents along First Street who were concerned about the impact of the development on their quite neighborhood and the possible extension of First Street to the east. Of note is the fact that the extension of First Street is not required for or part of the proposed development. The portion of the subject property adjacent to First Street is being reserved for future development and it is not known at this time what that may be. The Development Plan will be required to address future development. To date no development has occurred in the vicinity of the property to change the character of the neighborhood. Therefore, staff recommendation is for Council to reinstate the authorization for the developer to submit a Development Plan for the property without the institution of proceedings to determine if the property should be returned to Management (M) Development District classification. Planning Commission Discussion Form, Concept Plan, Ordinance No. 2018-04, Council Agenda and other supporting documents are attached to provide additional details regarding the Planned Development. Previous Council Action: November 14, 2017, Public Hearing and First Reading of Ordinance 2018-04 to change the Development District Classification of the subject property from Management to Planned Development and to consider approval the Concept Plan for the Planned Development. November 21, 2017, Ordinance 2018-04 was passed and approved changing the Development District Classification of the subject property from Management to Planned Development and the Concept Plan for the Planned Development was approved. Financial Implications: ☒There is no financial impact associated with this item. Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: • Developer Letter Requesting Reinstatement of Approval • Ordinance 2018-04 • Developer Informational Statement and Park Rules & Regulations • Planned Development Concept Plan & Pictures • Vicinity Map of Subject Property • Excerpts from November 14th & 21st, 2017 City Council Minutes • Planning Commission Discussion Form from October 5, 2017 • Excerpts from October 5, 2017 & October 19, 2017 Planning Commission meetings • Section 12.400 Planned Developments of the Development Code • Development District Map of City Haven Lakes Luxury RV and Tiny Home Community and The Huntsville HUB Entertainment Venue. Our development proposal is for an exciting new project in the City of Huntsville. We are planning a 5 star Luxury Coach/RV Resort and Tiny Home development which will also encompass a Food Court and Entertainment Venue. The project will offer a 5 star quality of life for retirees, college students, professionals, educators and millennial’s. Our rules and regulations will insure the property is always a luxury destination with amenities to attract every age group. The community will be gated for prestige and security. The luxury coach/RV area will appeal to the retirees and weekend visitors to the Huntsville area. The Tiny Home development will provide housing choices to professionals, retirees and college students alike. The entertainment venue will be an exciting new concept for the Huntsville area drawing in residents and visitors of all ages. We hope to feature exciting authentic food choices and local entertainment. We expect The Huntsville HUB Entertainment Venue will prove to be a gathering place for everyone. The development will provide employment for many different vocations. From the beginning of the construction process to the permanent employees of managers, maintenance personnel, entertainers, event managers, food and beverage service personnel and many others jobs. This project will bring a tremendous amount of discretionary income to the City of Huntsville, via new residents and visitors who will explore and enjoy Huntsville and all of it has to offer. The Tiny Home development as well as the Luxury Coach/RV area will give residents and visitors exciting and progressive housing choices. We anticipate the project to be tremendously successful. This will, in turn will encourage new projects and commercial development in the area. Our 5 star resort will allow visitors to enjoy staying in the community or just visiting the venue for weekend entertainment or dinner at the Food Court. We expect our development will trigger a greater awareness and renewed interest for new business development for the east side of Huntsville. Due to the current lifestyle and the changing dynamics of the Luxury Coach/RV community, we are requesting a waiver of the restrictions of the time limit on length of stay. We are looking forward to a favorable response for our project in order to begin immediate construction for this exciting new addition to the City of Huntsville. Management Neighborhood Conservation Neighborhood Conservation Neighborhood ConservationPlanned Development (PD) - Development District Map AmendmentPLANNING COMMISSION MEETING - October 5, 2017 SUBJECT TRACT VICINITY MAP FM 282 1FM 247S H 19 S H 30 ES H 30 EMartin Luther King Jr Dr1st St Ryans Ferry RdRyans Ferry RdUniversity AveFM 247Huntsville High School H u n tsvi lle C it y Lim it s . 1 inch = 1,000 feet 1,000 0 1,000500 Feet 1 PLANNING COMMISSION AGENDA ITEM DISCUSSION FORM Prepared by: Aron Kulhavy, AICP, City Planner Janet Ridley, Planner Chandler Hodgson, Planning Assistant SUBJECT: Development District Map Amendment MEETING DATE: October 5, 2017 TYPE OF REVIEW: Development District Reclassification and Planned Development Concept Plan APPLICANT: One Inwood LLC/ Mike Martz LOCATION: 907 State Highway 19 FACTS, CODE REQUIREMENTS AND CONDITIONS Staff has received an application from the property owner for a Development District Map Amendment for a called 66.1902 acre tract of land located on west side of State Highway 19 to change the Development District classification from Management (M) to Planned Development (PD). In conjunction with the request for the reclassification of the property as Planned Development, the approval of a Concept Plan for the Planned Development is required. The subject property has approximately 2000 feet of frontage on State Highway 19 and approximately 460 feet of frontage on 1st Street. The property is currently undeveloped. All of the adjacent adjoining property is designated as Management (M) development district. Huntsville Independent School District owns the adjacent property to the west and northwest, (Huntsville High School and the Transportation Center). The entire upper eastern portion of the property fronts on State Highway 19. The main upper south adjoining property is an estate property, large tract with one single family residence. The lower eastern and small portion of upper south adjoining property is a single family residential platted subdivision, (The Meadow at Horse Creek). The lower south portion of the property has frontage on 1st Street and also adjoins several single family residential parcels. Approximately 4 acres of the subject property is located in the 100 year FEMA Flood Hazard Boundary area. The property has sanitary sewer mains crossing the middle of the property. City Water is available along 1st Street and along the upper north east property line. This is the first request for a Planned Development classification for the City of Huntsville. Section 2.304 of the Development Code described the Planned Development District as follows: 2.304 Planned Development District The Planned Development (PD) district is intended to accommodate single- or mixed-use projects, in accordance with an approved development plan, which may authorize deviations from the regulations that apply in other development districts. The PD district is further intended to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that is superior to what could be accomplished in other development districts by providing one or more of the following: Planning Commission – Planned Development District Map Amendment & Concept Plan October 5, 2017 2 2.304.A Superior design of lots or buildings; 2.304.B Increased recreation or open space opportunities for residents of the development or for the general public; 2.304.C Amenities or features that are of special benefit to property owners within the development or to the community as a whole; 2.304.D Conservation of natural amenities and environmental resources, such as trees, creeks, ponds, floodplains, and steep slopes; or 2.304.E Preservation of existing historical buildings, structures, features or places. The Owner/Developer of the subject property is proposing a planned development with mixed uses. The development is proposed to occur within a minimum of two phases. The First Phase Development consists of 17 lots for tiny homes and 63 lots/spaces for RVs. The First Phase will include a common area for office, pool, showers, washateria, etc. Some green space will also be provided in the First Phase. The attached written description describes in greater detail the developer’s intentions for the RV park portion of the development. The Second Phase will consist of an additional 41 lots/spaces for RVs and 6 additional lots for tiny homes. Second Phase also will include a food truck park, auditorium, pool, and parking area. Area is also allotted for commercial development. The Concept Plan indicates 7.37 acres of green space for the RV park, 8.31 acres of nature preserve which includes a storm water detention pond, and a 3.33 acre amenity pond. 21.42 acres of the subject property, the lower southwestern portion and far northeast portion, is reserved for future development. The Concept Plan also indicates that the driveways within the RV park are to be constructed of concrete with a minimum pavement width of 30 feet. All of the proposed land uses within the development are allowed under the current Management district classification without the need of any special permits; however, because of the size of the property and the different proposed uses, a Planned Development is appropriate for this tract. In review of the concept plan and in discussions with the developer, there is one item in the proposed development that is essential that does not fit within the confines of the Development Code. The developer wishes not to have a maximum time limit placed on the length of stay for the RVs and tiny homes. It is important to note that the tiny homes proposed are constructed and inspected according to RV standards and will not be inspected by the City for construction. The Code currently has a restriction on the maximum length of stay for an RV of 90 days. The developer desires to market his park for snow-birds and others that may wish to stay in the park for longer than 90 days. They have developed a similar park without the time limitations just north, Majestic Pines. The developer intends to have stringent restrictions on the park to maintain a quality development. These restrictions are not completed at this time and will be available during consideration of the development plan. In addition to the establishment of the subject property as a Planned Development district through the approval of a development district map amendment, there will be a three-step plan approval of the planned development. Planning Commission – Planned Development District Map Amendment & Concept Plan October 5, 2017 3 1. Approval of an initial generalized “concept plan”, 2. Approval of a more detailed “development plan”, and 3. Staff approval of the planned development site plans. The Planning Commission will hold public hearings for both step one and two and make recommendation to City Council for approval or denial. City Council will also hold public hearings for steps one and two and be the decision maker. Upon completion of steps one and two with approval from City Council, staff approval is required for the planned development site plans, step three. The subject property is at step one in the planned development approval process. The Development District map amendment for (PD) follows the same procedure as for (NC) or (M). Section 12.308 of the Development Code addresses the review and approval criteria for the Development District map amendment. Section 12.402.G of the Development Code outlines the approval for the PD concept plan and map amendment. 12.402.G Approval Criteria 1. In order to approve a PD concept plan and map amendment, the City Council must make all of the following determinations: (a) The proposed PD district is at least 5 acres in area; Subject property is over 5 acres in area. (b) The proposal is consistent with the Comprehensive Plan; Chapter 2 of the of the Huntsville Horizon Plan addresses land use and community character. Goal 2.2 states that the City should pursue development patterns that promote economic vitality. Goal 2.3 states that there should be a balance of new growth the redevelopment within Huntsville. Goal 2.4 states that the City should pursue development and resource protection outcomes that preserve and bolster community character. These goals have several action items under them that should be reviewed by the Commission in the consideration of this case. (c) Proposed uses and the development features are compatible with uses of nearby property and the existing and proposed character of the surrounding neighborhood; As previously noted in this discussion, there are a variety of land uses adjacent to the subject property. The first phases of the planned development will be located adjacent to State Highway 19. The concept plan indicates that there will be a green space between the proposed development and the Huntsville High School property. The concept plan indicates a planned development which will be compatible with the adjoining property land uses. Planning Commission – Planned Development District Map Amendment & Concept Plan October 5, 2017 4 (d) The concept plan (or development plan) complies with applicable PD district provisions of Article 2; and The concept plan for the planned development does provide recreation and open space opportunities for the residents of the development. An amenity pond is being provided for the residents of the development. The planned development is preserving the area located within the 100 year floodplain as a nature preserve. (e) Appropriate terms and conditions have been imposed on the approval to protect the interests of the public and any residents of the planned development. The Planning Commission shall determine the terms and conditions, if any, for the approval of the planned development to protect the interests of the public and residents of the development. The three factors that are to be considered when making recommendations and decisions about development district map amendments per Section 12.308 Review and Approval Criteria follow. 12.308.A Consistency with the Comprehensive Plan. See comment in (b) above. 12.308.B Compatibility with existing development district classifications, uses of nearby property and the character of the surrounding neighborhood. See comment in (c) above. In addition all of the adjacent property is currently classified as Management (M) development district which allows any land use which is permitted by the City Development Code. All of the concept plan proposed uses would be allowed in (M). 12.308.C Availability of water, wastewater, storm water, and transportation facilities generally suitable and adequate for use allowed under the proposed development district. There is adequate water, wastewater infrastructure to accommodate the proposed change in the development district classification of the subject area. The planned development site plans will be required to address and provide storm water management for the property. The subject area is bounded by an expressway/freeway on the east. The current Transportation Plan for the city designates 1st Street as a future collector street. As of the date of this report, staff has not received any calls regarding the Planned Development. STAFF RECOMMENDATION: Planning Commission – Planned Development District Map Amendment & Concept Plan October 5, 2017 5 As the submitted Concept Plan and Development District Map Amendment meets the requirements of the Development Code for Planned Developments and does not contradict the objectives for the City as stated in the 2007 Huntsville Horizon Comprehensive Plan, Staff recommends approval of the Concept Plan and Development District Map Amendment. ATTACHMENTS: Concept Plan & Pictures Informational Statement Vicinity Map of Area Goals 2.2 and 2.3 and 2.4 of the 2007 Huntsville Horizon Comprehensive Plan Section 12.400 Planned Developments of the Development Code Development District Map of the City Excerpt from October 5, 2017 Planning Commission Meeting Minutes 4. PUBLIC HEARING to take testimony concerning the change in the Development District Classification of the property located at 907 State Highway 19 from Management to Planned Development and approval of Concept Plan. Chairman Woods opened the Public Hearing. [12:01 PM] Aron Kulhavy gave the Commission a more detailed briefing regarding the process for a Planned Development due to this being the first Planned Development case for the City. He noted that the process requires a Development District Map Amendment for the property to change the development district classification from Management (M) to Planned Development (PD). In addition the process includes the review and recommendation to City Council of the Concept Plan for the development, which is being presented at this time in conjunction with the Development District Map Amendment. The City Council will hear this request, with the Commission’s recommendation, and will have the final say in the approval of the Concept Plan and Development District Map Amendment. The review and approval of the Concept Plan is very similar to a subdivision Preliminary Plan review. Upon the approval of the Concept Plan, the next step in the Planned Development process will be Commission review and recommendation to Council of a more detailed Development Plan for the property. Upon approval by Council of the Development Plan, Staff will be responsible for site plan approvals for the Planned Development. The Concept Plan for the Planned Development and Development District Map Amendment to change the property classification to Planned Development, as submitted by the property applicant, is for the entire 66 acre tract. The first phases of the development will be along State Highway 19. The first focus is for a recreational vehicle (RV) park of approximately 10-15 total acres. The other areas are being designated for some type of commercial development. Development standards for RV parks exist in the Development Code. The RV Park will be required to meet the infrastructure requirements of the Development Code however the applicant has an issue with strict 90 day limitation on the length of rental and occupancy of a RV unit space in a RV park. The 90 day limitation for occupancy poses a problem for the customer in the market that the developer wishes to target. Another component of the development which does not fit within the scope of the Development Code is tiny homes. Tiny homes look much like regular houses but are constructed to the code and standards for RVs per the Developer. The tiny homes are RVs and will be pulled into the development and placed in spaces much like an RV and serve as housing for longer than 90 days. The tiny houses will not be built to the City standard building codes, but to the codes and standards of RVs. For these reasons the proposed development does not fit very well within the scope of the Development Code and why Staff has recommended going with Planned Development for the property. All of the proposed uses within the development are allowed within the Management Development District, the current development classification of the property, and the Applicant could move forward with the development under the Management classification. The Applicant has constructed a similar development, Majestic Pines, located just north of the Holiday World RV sales location in Willis, Texas, which has been done well and is comparable to the type of development that is being proposed. Staff has reviewed the plan and feels that it is fitting with the reasons for doing a Planned Development per the Development Code and that it is consistent with the Comprehensive Plan. Staff does recommend approval of the Planned Development Concept Plan and the change of the property Development District classification. Commissioners questioned Staff as to why the proposed development does not fit the City requirements for a Manufactured Home Park; as to any development implications other than the change in the Development District Classification from (M) to (PD); and expressed concern over the length of stay and address issues; and also possible issues with the development being adjacent to Huntsville High School. Kulhavy responded that a planned development is used when the Development Code and the proposed development do not match up precisely. With a planned development the developer, with review by the City, writes a pared down version of the Development Code that applies only to the specific development. There are not any other development implications other than the development district classification change except that the development will receive move scrutiny from the City. The final development plan will have to come before the Commission and be approved by City Council rather than just receiving review and approval by Staff. Kulhavy noted that the Developer will more than likely answer most all of the other questions in their presentation. Developer Presentation was made by Mike Martz, Applicant, and Korey Freels. The Concept Plan for the Planned Development was further explained & illustrated with a slide show, using the Majestic Forest RV Resort in Willis as an example for the development standards which are planned to be used for this development in Huntsville. The development will be gated with strict restrictions for the type of RVs and tiny homes which will be allowed to occupy the park. The developer will have month to month renewal for the lease of a space within the development. This allows the park to maintain the high quality of the park by not renewing the lease for any undesirable occupants. The RVs and tiny homes are required to not be older than 10 years and to be owner occupied. No sub-leasing of units will be allowed. Commissioner Nichols asked if the Developer/Applicant had a copy to the proposed restrictions for the development available for the Commission. Kulhavy stated that the purpose of the meeting today is for the Commission to bless the Concept Plan with direction being given to the Applicant regarding their request for relief from the strict 90 day occupation limitation that exists per the Development Code requirements for RV parks. He clarified that the applicant is asking that there be no limitation for the length of occupancy. Public Comments follow. Margaret Jones, residing at 614 1st Street, commented that the concept sounds good but questioned whether or not it will work. She does not like the proposed development as it will change the quiet 1st Street neighborhood. Hubert Young, residing at 606 1st Street and also speaking for his wife DiAnn, commented that he likes the concept. He does like his peaceful and quiet neighborhood however Huntsville is growing and changing. There is nothing that he can do about that and he feels that this development will be good for Huntsville. Regina Fike, residing at 104 Bernice Drive, commented that all of the questions regarding the proposed development have not been answered and she is concerned about how it will affect 1st Street. She is opposed to the development. Jeremy Norwood, residing at 88 Bernice Drive, commented that he is also concerned about the proposed development and is against it. Charles Smither, Jr., residing at 1204 Avenue O, commented that the Development Code should be revised to do away with the 90 day lease limitation for all RV parks if this development is allowed to have no lease limitation. He also pointed out an error in the name of the property owner for the proposed development in the staff discussion form. He noted that the City should have a specific definition for the construction and regulation of tiny homes; the acreages for the different uses on the Concept Plan do not add up to the total acreage of the property; the streets/driveways should be designated as being either public or private; and there should be a limit as to the number of occupants allowed per RV/tiny home. He also made note that the entire property is 66 acres and only 1/3 of the tract is designated for RVs and tiny homes. A large portion of the Concept Plan is designated as Future Development with no indication of what use that might be. Chairman Woods closed the Public Hearing. [1:10 PM] 5. CONSIDER the change in the Development District Classification of the property located at 907 State Highway 19 from Management to Planned Development and approval of Concept Plan. Commissioners questioned the developer regarding the number of RV spaces and tiny home spaces being proposed in the Concept Plan; asked about a buffer between the development and the High School; and noted that they would like to see the proposed restrictions for the development prior to deciding on making recommendation of granting relief from the strict 90 day lease limitation for RV parks. Kulhavy clarified that rather than asking for the change in the Development District classification for the property from (M) to (PD), the Applicant could have applied for a variance for the 90 day RV park lease limitation before the Board of Adjustment. Kulhavy also gave direction to the Commission to table the case until the next Commission meeting if they want to see the proposed restrictions for the development before making a recommendation to Council. Commissioner Durda moved to table the vote for the Planned Development recommendation to Council until the next Commission meeting. Second was by Commissioner Nichols. Chairman Woods added that the Commission would like to have the restrictions for review as soon as possible prior to the next meeting. The vote was unanimous. Excerpt from October 19, 2017 Planning Commission Minutes 4. CONSIDER the change in the Development District Classification of the property located at 907 State Highway 19 from Management to Planned Development and approval of Concept Plan. Commissioners questioned the developer regarding the process used to check the background of the residents of the park and access to the development for residents and the public. The Developer responded that the background check is performed at time of registration through computer access to the necessary data. There will be separate entrance for the residents which will be gated. The entrance for the public venues in the development will not be gated. Commissioner Durda moved to approve the change in the Development District Classification from Management to Planned Development and to approve the Concept Plan for the Planned Development with the waiver for the 90 day limitation for length of stay in the RV park. Second was by Commissioner Barry. The vote was unanimous. Page 1 UNIFIED DEVELOPMENT ORDINANCE Page 2 ARTICLE 12 DEVELOPMENT REVIEW AND APPROVAL PROCEDURES 12.400 PLANNED DEVELOPMENTS 12.401 Overview Planned development (PD) districts are established through the approval of a development district map amendment in accordance with Sec. 12.300. The PD approval process also requires either a two-step or three-step plan approval procedure. The three-step plan approval process entails (1) approval of an initial generalized “concept plan,” (2) approval of a more detailed “development plan,” and (3) staff approval of PD site plans. At the property owner’s option, the PD plan approval process may be consolidated into two steps, involving (1) review and approval of a “development plan” that includes all of the information otherwise required in the concept plan and development plan and (2) staff review and approval of PD site plans. This section sets forth the required review and approval procedures for approval of planned developments. 12.402 Step One: Map Amendment and Concept (or Development) Plan Approval The first step of the PD approval process is approval of the development district map amendment establishing the PD district. A PD concept plan must be processed concurrently with a PD map amendment unless the applicant elects instead to forgo the concept plan stage and process a development plan concurrently with the PD map amendment. 12.402.A Authority to File PD concept plan (or development plan) applications may be filed only by the subject landowner or the subject landowner’s authorized agent. 12.402.B Application Filing Complete applications for concept plan (or development plan) approval must be filed with the City Planner at the same time that the PD development district map amendment application is filed. 12.402.C Review and Recommendation—City Planner Following receipt of a complete application for concept plan (or development plan) approval, the City Planner must prepare a report and recommendation that evaluates the proposed planned development district and concept plan (or development plan) in light of applicable PD district provisions of Article 2 and the criteria of §12.402.G. The report must be transmitted to the Planning Commission before their public hearing on the proposed PD map amendment and concept plan (or development plan). 12.402.D Notice of Hearing Public hearing notice must be provided in accordance with the development district amendment notice procedures (see Sec. 12.304). 12.402.E Hearing and Recommendation—Planning Commission Page 3 The Planning Commission must hold a public hearing on the proposed PD map amendment and concept plan (or development plan). Following the close of the hearing, the Planning Commission must act by simple majority vote to recommend that the proposed map amendment and concept plan (or development plan) be approved, approved with modifications, or denied and transmit its recommendations to the City Council. 12.402.F Hearing and Final Action—City Council 1. Following receipt of the Planning Commission’s recommendation, the City Council must hold a public hearing on the proposed PD map amendment and concept plan (or development plan). Following the close of their public hearing, the City Council must act to approve the proposed map amendment and concept plan (or development plan), approve the map amendment and concept plan (or development plan) with modifications or deny the proposed map amendment and concept plan (or development plan). The City Council may also remand the proposed map amendment and concept plan (or development plan) to the Planning Commission for further consideration. 2. PD district map amendments are subject to the protest provisions of Sec. 12.307. 12.402.G Approval Criteria 1. In order to approve a PD concept plan and map amendment, the City Council must make all of the following determinations: a. The proposed PD district is at least 5 acres in area; b. The proposal is consistent with the Comprehensive Plan; c. Proposed uses and the development features are compatible with uses of nearby property and the existing and proposed character of the surrounding neighborhood; d. The concept plan (or development plan) complies with applicable PD district provisions of Article 2; and e. Appropriate terms and conditions have been imposed on the approval to protect the interests of the public and any residents of the planned development. 2. In order to approve a PD development plan and map amendment, the City Council must make all determinations required for concept plans (see §12.402.G) and PD development plans (See §12.403.I). 12.402.H Adopting Ordinance 1. The ordinance establishing a PD district must incorporate the approved concept plan or development plan and include at least the following: a. A statement as to the purpose and intent of the district. b. The uses authorized for each tract or subarea in the district, by use category, the location of such uses, and the residential densities and/or nonresidential intensities associated with phases of the project, in conformance with the approved concept plan or development plan. c. The conditions applicable to development within the district, as established by the City Council. Page 4 2. The graphic depiction of features on the incorporated concept plan or development plan must be enforced as regulatory standards applicable within the approved PD district. Change or modification to such features requires processing of a PD district map amendment, including a revised concept plan or development plan. 12.403 Optional Step Two: Development Plan Approval 12.403.A Options 1.Substitution for Concept Plan The developer may submit a development plan in lieu of a concept plan in accordance with Sec. 12.402. 2.Following Approval of Concept Plan and PD District If a PD district is established based upon a concept plan, review and approval of a development in accordance with this subsection (12.403) is required before any PD site plans are approved and before any development or construction is allowed within the PD district. 12.403.B Timing; Lapse of Approval If the landowner fails to file an application for development plan approval within 2 years of the date of the PD district amendment and concept plan approval, the plan approval will be deemed to have lapsed and no development plan may be accepted for processing. In the event of lapse of approval, the City Council may institute proceedings to determine whether the land should be classified in another development district. In such case, the Planning Commission must deliver its recommendation, with a copy to the owner of the affected land, to the City Council, who must conduct a public hearing on the matter and determine what action is to be taken with respect to the PD district and whether to revoke or reinstate the developer's authorization to submit a development plan. 12.403.C Authority to File PD development plan applications may be filed only by the subject landowner or the subject landowner’s authorized agent. 12.403.D Application Filing Complete applications for development plan approval must be filed with the City Planner. 12.403.E Review and Recommendation—City Planner Following receipt of a complete application for development plan approval, the City Planner must prepare a report and recommendation that evaluates the PD development plan in light of the approved concept plan and the approval criteria of §12.403.I. The report must be transmitted to the Planning Commission before their public hearing on the proposed PD development plan. 12.403.F Notice of Hearing 1.Planning Commission Page 5 Notice of the Planning Commission’s required public hearing on a PD development plan must be mailed and posted, in accordance with § 12.106.A and §12.106.C. Required notices must be mailed and posted at least 11 days before the Planning Commission public hearing. 2.City Council Notice of the City Council’s required public hearing on a PD development plan must be published in accordance with §12.106.B. The notice must be published at least 16 days before the City Council public hearing. 12.403.G Hearing and Recommendation—Planning Commission The Planning Commission must hold a public hearing on the proposed PD development plan. Following the close of the hearing, the Planning Commission must act by simple majority vote to recommend that the proposed development plan be approved, approved with conditions, or denied and transmit its recommendations to the City Council. 12.403.H Hearing and Final Action—City Council 1. Following receipt of the Planning Commission’s recommendation, the City Council must hold a public hearing on the proposed PD development plan. Following the close of their public hearing, the City Council must act to approve the proposed development plan, approve the development plan with conditions or deny the development plan. The City Council may also remand the development plan to the Planning Commission for further consideration. 2. PD district development plans are subject to the protest provisions of Sec. 12.307. 12.403.I Approval Criteria In order to approve a PD development plan, the City Council must make all of the following determinations: 1. The development plan generally is consistent with the approved concept plan and the standards and conditions set forth in the PD district adopting ordinance; 2. The plan provides for a compatible arrangement of buildings and land uses within the project; 3. The general plan for traffic circulation and pedestrians provides for adequate and safe circulation inside and external to the development, consistent with the adopted thoroughfare plan; 4. The general plan for accommodation of floodwaters and drainage is adequate; 5. The plan does not adversely affect adjoining neighborhoods or properties outside the plan, taking into consideration proposed buffers; 6. The amenities proposed in the development plan application, if any, are sufficient to justify increased densities or intensities on the site; and 7. The sequence of development and timing of the phases are consistent with the overall phasing of capital facilities intended to serve the site and with the City's overall growth. 12.403.J Approving Ordinance Page 6 The ordinance approving the development plan, whether approved as part of the PD map amendment or after the PD map amendment and concept is approved, must include at a minimum the following information. The development plan must be incorporated as an exhibit to the ordinance: 1. A table of the specific land uses permitted in the area subject to the development plan, together with a description of the tracts or subareas to which such uses are restricted; 2. The residential densities and nonresidential intensities of each permitted land use; 3. A table showing the dimensions of each permitted land use, including the following information: a. Minimum lot area; b. Minimum lot width and depth; c. Minimum front, side, and rear yard areas; d. Maximum height of buildings; e. Minimum parking standards for each multi-unit residential and nonresidential land use; 4. A description of the elements of the general circulation plan to serve the development; 5. Provisions governing amenities, if any, to serve the area subject to the development plan; and 6. Such additional conditions as are applicable to development within the area subject to the development plan, as established by the City Council. 12.404 Final Step: PD Site Plans Approval of PD site plans for development on individual building lots, parcels or tracts within the project is the final step of the PD approval process. Such reviews are intended to help ensure that all construction and development are consistent with the approved development plan and standards for the PD district. 12.404.A Timing; Lapse of Approval A PD site plan must be submitted for approval within 2 years of the date that the development plan was approved. If a PD site plan is not submitted within such period, the development plan approval will be deemed to have lapsed and no PD site plan may be accepted for processing. In the event of lapse of approval, the City Council may institute proceedings to determine whether the development plan for the property should be modified or the property subject to the development plan should be reclassified in another development district, and whether to revoke or reinstate the developer's authorization to submit a site plan. 12.404.B Review and Action by City Planner 1. The City Planner is authorized to review and take action on PD site plans. The City Planner must approve a PD site plan if it complies with the approved development plan, all conditions of development plan approval and all of the following criteria: a. The plan complies with the approved development plan; b. The plan complies with all standards and conditions set forth in the ordinance approving the development plan; Page 7 c. Unless modified by the ordinance approving the development plan, the plan complies with the following additional standards generally applicable to development within the City, as set forth in this Development Code: (1) Performance standards; and (2)Setback, landscaping and off-street parking and loading standards; d. The plan provides for appropriate ingress and egress points for access, parking and loading, including existing and proposed ingress/egress/access easements, queuing and internal circulation; e. The plan provides for fire safety and adequate measures for fire control and dealing with fire or explosive hazard; and f. The plan provides for adequate utilities, roads, drainage, and other infrastructure, as required by the City's Development Codes. 2. The City Planner may establish conditions and require modifications to ensure that the PD site plan is consistent with the approved development plan and the approval criteria in this section. 3. If the City Planner disapproves a PD site plan or imposes conditions, the applicant may appeal the decision to the City Council by filing a written request with the City Planner within 10 days of the decision. 12.404.C Effect of Approval Approval of PD site plans must occur before a building permit may be issued for the subject property. 12.404.D Lapse of Approval 1. An approved PD site plan will lapse and have no further effect 24 months after it is approved, unless: a. A building permit has been issued (if required); or b. A certificate of occupancy has been issued. 12.404.E The Planning Commission is authorized to extend the expiration period for good cause on up to 2 separate occasions, by up to one year each. Requests for extensions must be submitted to the City Planner and forwarded to the Planning Commission for a final decision. 12.404.F A conditional use also lapses upon revocation of a building permit or a certificate of occupancy, for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the approved PD site plan. 12.405 PD Project Review If the City Council finds that conditions imposed on development of the planned development project have not been timely fulfilled, or for any other reasons related to reasonable exercise of the powers conferred by Texas Local Government Code Chapter 211, that the development district classification of the PD district should be reexamined, the City Council may initiate review of the PD district in order to determine whether the authorized uses, standards and conditions applicable to development within the district should be changed for part or all of the undeveloped land within the district. If the City Council makes such determination, it must refer the matter to the Planning Commission for its recommendation and thereafter take appropriate action to modify the uses, standards or conditions applicable to development within the district in accordance with procedures applicable to development district amendments. Agenda Item #2d Item/Subject: Consider authorizing the City Manager to apply for the FY 2019 Assistance to Firefighters Grant (AFG) Program through the U.S. Department of Homeland Security and adopting Resolution 2020-18 in support of same. Initiating Department/Presenter: Public Safety Presenter: Greg Mathis, Fire Chief Recommended Motion: Move to authorize the City Manager to apply for the FY 2019 Assistance to Firefighters Grant (AFG) Program through the U.S. Department of Homeland Security for $251,700.00, including matching funds of $25,170.00, and adopt Resolution 2020-18. Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens. Discussion: The Huntsville Fire Department currently has 50 Self Contained Breathing Apparatus (SCBA) and 84 air bottles that were purchased in the 2004/2005 from a grant. All air-packs inventoried in the fire department were also purchased in 2004 under a grant. All items are required for firefighters to enter structure fires and other hazardous environments. All equipment and units meet minimum compliance and inspection measures; but are nearing the end of their usable lifespan. The current equipment and units meet minimum compliance and inspection measures. A previous application in the amount of $412,472 for the replacement of all equipment was submitted on October 22, 2018. After months of review and consideration by the granting agency’s review panel, the City’s application was denied. As a result of non-award, $205,000 was added to the 2019-2020 budget for the replacement of approximately 24 units of the SCBA equipment, which is half of the stock needed for replacement. At the present, there is an open Purchase Order to purchase 24 units. As there is still a deficiency in meeting the equipment needs of the Huntsville Fire Department, staff will submit a new application for the funding purchase of the remaining SCBA units and air packs needed to the granting agency in the amount of $251,700, which includes a match amount of $25,170. Under the Assistance to Firefighters Grant (AFG) Program, there is only a 10% match requirement. Award of the grant should cover the remaining cost needed to fully stock the remaining equipment needs of the Fire Department. However, if the City does not receive the grant, the Fire Department will budget for $50,000 in the 2020-2021 budget to place monies in a replacement fund to be used in purchasing the remaining air packs over the next 4-5 years. City staff expects to receive award determinations from the funding agency by April 30, 2020. Previous Council Action: City Council previously approved the submission of a prior application on October 16, 2018 with Resolution 2019-02. 3/3/2020 Agenda Item: 2d CITY COUNCIL AGENDA Agenda Item #2d Financial Implications: ☒Item is not budgeted: If the City does not receive the grant, the Fire Department will budget for $50,000 in the 2020-2021 budget to place monies in a replacement fund to be used in purchasing the remaining air packs over the next 4-5 years. If the City receives the grant, a budget amendment will be needed for the City’s $25,000 match. Approvals: ☐City Attorney ☒Director of Finance ☒City Manager Associated Information: • Resolution 2020-18 RESOLUTION NO. 2020-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE SUBMISSION OF AN FY 2019 ASSISTANCE TO FIREFIGHTERS GRANT (AFG); 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 AFG PROGRAM. WHEREAS the City desires to ensure the safety of all its citizens and the City of Huntsville requires the Fire Department be charged with this task; and WHEREAS it is necessary and in the best interest of the City to apply for funding under the 2019 AFG Program. NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas, that: SECTION 1: An application is hereby authorized to be filed on behalf of the City and be placed in competition for funding of $226,530.00 of grant funds for the Huntsville Fire Department to purchase Self Contained Breathing Apparatus (SCBA), air tanks, and appenditures. SECTION 2: The City commits itself, if funded, to appropriate $25,170.00 as matching funds and as a demonstration of its local support. SECTION 3: The Mayor and City Council strongly support this application to address the safety needs of the community and firefighters. SECTION 4: The City Council directs and designates the City Manager as the City’s Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and the City’s participation in the AFG Program. PASSED AND APPROVED this 3rd day of March 2020. THE CITY OF HUNTSVILLE _______________________________ Joe Rodriquez, Mayor Pro Tem ATTEST: APPROVED AS TO FORM: _______________________________ __________________________________________ Brenda Poe, City Secretary Leonard Schneider, City Attorney ORDINANCE NO. 2020-17 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS DENYING THE STATEMENT OF INTENT OF CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS TO INCREASE RATES IN THE BEAUMONT/EAST TEXAS DIVISION; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS, on or about November 14, 2019, CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas (“CenterPoint” or “Company”) filed a Statement of Intent with the City of Huntsville, Texas (“City”) to increase gas rates in the Beaumont/East Texas Division Service Area by $6.816 million per year; WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of a gas utility in areas in the municipality pursuant to Tex. Util. Code §103.001; WHEREAS, Gas Utility Regulatory Act § 103.021 requires a local regulatory authority to make a reasonable determination of rate base, expenses, investment and rate of return and retain the necessary personnel to determine reasonable rates; WHEREAS, the City’s reasonable cost for regulatory expenses in ratemaking proceedings shall be reimbursed by the gas utility under Gas Utility Regulatory Act § 103.022; WHEREAS, in order to exercise its exclusive original jurisdiction and properly review the requested rates, it was necessary for the City to suspend CenterPoint’s proposed effective date for 90 days; WHEREAS, the City retained the Lawton Law Firm, P.C. to review CenterPoint’s rate request and make necessary rate recommendations to the City; WHEREAS, the Lawton Law Firm recommended that the City deny the requested Statement of Intent. The Company’s requested rate of return and capital structure is inconsistent with that of similarly-situated gas distribution utilities, and the Company’s requested depreciation rates rely on a depreciation study that is five years old and therefore is not representative of the Company’s current invested capital. As such, the Company has failed to show that its requested rates are just and reasonable. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS HEREBY ORDAINS: SECTION 1. The statements set out in the preamble to this ordinance are adopted herein as if set forth herein. SECTION 2. CenterPoint’s Statement of Intent to Increase Rates in the Beaumont/East Texas Service Area is denied. SECTION 3. The Company shall maintain its current rates under its currently approved rate schedules. SECTION 4. The Company shall promptly reimburse the City’s rate case expenses, as provided by GURA § 103.022(a). SECTION 5. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Chapter 551. SECTION 6. This ordinance shall be effective immediately on passage. PASSED AND APPROVED day of , 2020. THE CITY OF HUNTSVILLE, TEXAS: Joe Rodriquez, Mayor Pro Tem ATTEST: APPROVED AS TO FORM: Brenda Poe, City Secretary Leonard Schneider, City Attorney Agenda Item #3b Item/Subject: Consider approving nominees for City boards, committees, and commissions. Initiating Department/Presenter: City Council Presenter: Mayor Andy Brauninger Recommended Motion: Mayor moves his nominations as presented. Strategic Initiative: Goal #5 - Resource Development - Enhance the quality of life for citizens, businesses and visitors by leveraging the human and fiscal resources available to the community. Discussion: Huntsville Main Street Program Advisory Committee – Sarah Faulkner Previous Council Action: None. Financial Implications: ☒There is no financial impact associated with this item. Approvals: ☐City Attorney ☐Director of Finance ☐City Manager 3/3/20 Agenda Item: 3b CITY COUNCIL AGENDA 2/18/2020 City of Huntsville, Texas Mail - Online Form Submittal: Citizen Participation Request https://mail.google.com/mail/u/0?ik=c1b0b1caf0&view=pt&search=all&permmsgid=msg-f%3A1658884923763876388&simpl=msg-f%3A16588849237…1/2 Brenda Poe <bpoe@huntsvilletx.gov> Online Form Submittal: Citizen Participation Request noreply@civicplus.com <noreply@civicplus.com>Tue, Feb 18, 2020 at 8:25 AM 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 Suzanne Last Name Badger Address1 4264 Hollow Stone Dr Address2 Field not completed. City College Station State TX Zip 77845 Phone 8322500698 Email Suzanne@safe2save.org Please describe (in detail) the item you are requesting be on a City Council agenda: I am speaking with local Huntsville resident DeAnna whose daughter Peyton died last April after a fatal automobile crash in Bastrop. We wish to talk about distracted driving and the ways Huntsville government can educate and enforce the law. 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