City Council Meeting Minutes 3-1-2022MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 1st DAY OF MARCH 2022, IN THE CITY HALL, LOCATED AT 1212 AVENUE M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS,
AT 6:00 P.M.
The Council met in a workshop and regular session with the following:
COUNCILMEMBERS PRESENT: Daiquiri Beebe, Russell Humphrey, Vicki McKenzie, Dee Howard Mullins, Jon Strong, Andy Brauninger, Pat Graham, Deloris Massey, Bert Lyle
COUNCILMEMBERS ABSENT:
OFFICERS PRESENT: Aron Kulhavy, City Manager; Kristy Doll, City Secretary; Leonard Schneider, City Attorney
WORKSHOP [5:30 P.M.]
Presentation on City Hall Conceptual Design
MAIN SESSION [6:00 P.M.]
CALL TO ORDER – Mayor Brauninger called the meeting to order at 6:00 p.m.
INVOCATION AND PLEDGES
U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible.
Mayor Brauninger gave the invocation and led the pledges.
PROCLAMATIONS
Proclamation – Mance Park Middle School 8th Grade Girls Basketball Team for their outstanding performance
Proclamation – Huntsville High School Girls Basketball Team for their outstanding performance
PUBLIC HEARING
Public Hearing to hear testimony in regard to the creation of a Public Improvement District (PID) to be known as the “Reserves of Huntsville Public Improvement District” inside the corporate
limits of the City of Huntsville, Texas on property located in the 3400 block of State Highway 30 west. [Kevin Byal, Director of Development Services]
Mayor opened the Public Hearing at 6:18 p.m.
A presentation was received by the applicant Paul Garza
Testimony was heard in support of the application from: Chris Cherry
Testimony was heard in opposition of the application: None
Mayor closed the Public Hearing at 6:21 p.m.
1. CONSENT AGENDA
Public Comments will be called for by the presiding officer before action is taken on these items.
(Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with
staff recommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda for full discussion by request of a member of Council.)
Consider approving the minutes of the regular City Council meeting held on February 1, 2022. [Kristy Doll, City Secretary]
Consider adoption of Ordinance 2022-9 to amend the budget for FY 21-22 and/or CIP Project budgets. [Kristy Doll, City Secretary]
Consider authorizing the City Manager to abandon certain easements by participation in the acknowledgement/approval of a Plat of: Wischnewsky Chrysler Dodge Jeep and Ram. [Kristy Doll,
City Secretary]
Consider authorizing the City Manager to execute an Interlocal Agreement for the Improvement and Lease of a Parking Area. [Kristy Doll, City Secretary]
SECOND READING: Consider Adoption of Ordinance No. 2022-07 declining to approve the change in rate request in Entergy Texas, Inc. State of Intent and Application for Approval of Two
Voluntary Renewable Option Tariffs filed with the City on January 31, 2022. [Kristy Doll, City Secretary]
Councilmember Beebe made a motion to approve the consent agenda; the motion was seconded by Councilmember Mullins. The motion was adopted, 9-0
2. STATUTORY AGENDA
Consider authorizing the City Manager to enter into a Development Agreement with East Loop Investments, LLC., for the development of an approximately 350-acre development for a single-family
master planned community. [Kevin Byal, Director of Development Services]
Councilmember Beebe made motion to authorize the City Manager to enter into a Development Agreement with East Loop Investments, LLC., for the development of an approximately 350-acre
development for a single-family master planned community; the motion was seconded by Councilmember McKenzie. The motion was adopted, 9-0.
Consider Resolution 2022-13, setting the date for a public hearing to initiate the creation of a Public Improvement District (PID) to be known as the “Villages of Magnolia Farms and
Westin Meadows Public Improvement District” within the City of Huntsville, Texas Extra-Territorial Jurisdiction (ETJ) on property located in the 350 FM 1791 North. [Kevin Byal, Director
of Development Services]
Councilmember Beebe made motion to approve Resolution 2022-13, setting the date for a public hearing to initiate the creation of a Public Improvement District (PID) to be known as the
“Villages of Magnolia Farms and Westin Meadows Public Improvement District” within the City of Huntsville, Texas Extra-Territorial Jurisdiction (ETJ) on property located in the 350
FM 1791 North; the motion was seconded by Councilmember McKenzie. The motion was adopted, 9-0.
FIRST READNG: Consider authorizing the City Manager to execute Change Order Number 2 for IH-45 Segment 2A Widening and Utility Relocation with Betterment Project (Water Fund 701, Wastewater
und 702) – Project 18-03-01. [Dr. Kathlie S. Jeng-Bulloch, City Engineer]
Councilmember Humphrey moved to waive the requirement for readings on two separate meetings and authorize the City Manager to execute Change Order Number 2 in the amount of $451,579.43
for IH-45 Segment 2A Widening with Betterment Project 18-03-01; the motion was
seconded by Councilmember McKenzie. The motion was adopted, 9-0.
FIRST READING: Consider authorizing the City Manager to award the construction contract for Water’s Edge Lift Station Force Main Replacement and Sanitary Sewer Replacement Project.
Project No. 20-10-04 and 21-10-04. [Dr. Kathlie S. Jeng-Bulloch, City Engineer]
Councilmember Humphrey moved to waive the requirements for reading on two separate meetings and authorize the City Manager to enter into a construction contract with 5-T Utilities, Inc.
in the amount of $474,714.64 for the construction of the Water’s Edge Lift Station Force Main Replacement (20-10-04) and Sanitary Sewer Replacement Project (Evergreen Drive, 21-10-04);
the motion was seconded by
Councilmember Strong. The motion was adopted, 9-0.
Consider the use of eminent domain to condemn property and discussion, and possible action to approve Resolution 2022-09 to initiate condemnation under Chapter 21 of the Texas Property
Code for an easement to lay a sanitary sewer line generally located approximately 1.5 miles north of City Hall along the west side of Town Branch, across a property more particularly
described as: 1) an easement property being a strip of land, forty (40) feet in width, containing 0.365 acre of land, more or less, situated in the WILEY PARKER LEAGUE, Abstract No.
37, Walker County, Texas, and being out of and upon a called 22.70 acre tract described in a Deed from Peak Interests Management, Corp. to Peak Interest, Inc., recorded as Instrument
Number 53538, Official Public Records of Walker County, Texas. [Dr. Kathlie S. Jeng-Bulloch, City Engineer] [Requires a record vote
Councilmember Beebe moved that the City of Huntsville, Texas authorize the use of the power of eminent domain to acquire a strip of land, forty (40) feet in width, containing 0.365 acre
of land, more or less, situated in the WILEY PARKER LEAGUE, Abstract No. 37, Walker County, Texas, and being out of and upon a called 22.70 acre tract described in a Deed from Peak
Interests Management, Corp. to Peak Interest, Inc., recorded as Instrument Number 53538, Official Public Records of Walker County, Texas for the replacement of an old sanitary sewer
line in poor condition with a new sanitary sewer to provide service to current customers and to provide for future development; the motion was seconded by Councilmember Lyle. The motion
was adopted, 9-0.
Roll call yes: Councilmembers; Beebe, Humphrey, McKenzie, Mullins, Strong, Graham, Massey, Lyle, and Mayor Andy Brauninger
No: None
The motion passed
Consider the use of eminent domain to condemn property and discussion, and possible action to approve Resolution 2022-10 to initiate condemnation under Chapter 21 of the Texas Property
Code for an easement to lay a sanitary sewer line generally located approximately 3.5 miles north northeast of City Hall along the east side of Parker Creek, across a property more
particularly described as: 1) an easement property being a strip of land, forty (40) feet in width, containing 3.523 acres of land, more or less, situated in the JESSE PARKER LEAGUE,
Abstract No. 36 and the WILEY PARKER LEAGUE, Abstract No. 37, Walker County, Texas, and being out of and upon a called 488.63 acre tract described in a Deed from Dorothy Thomason Family
Partnership, LTD. to Edwin E. Thomason and wife, Sandy S. Thomason, dated June 2, 2006, recorded in Volume 753, page 201, Official Public Records of Walker County, Texas. 2) an easement
property being a strip of land, twenty (20) feet in width, containing 0.778 acre of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36 and the WILEY PARKER LEAGUE,
Abstract No. 37, Walker County, Texas, and being out of and upon a called 488.63 acre tract described in a Deed from Dorothy Thomason Family Partnership, LTD. to Edwin E. Thomason and
wife, Sandy S. Thomason, dated June 2, 2006, recorded in Volume 753, page 201, Official Public Records of Walker County, Texas. [Dr. Kathlie S. Jeng-Bulloch, City Engineer] [Requires
a record vote]
Councilmember Beebe moved that the City of Huntsville, Texas authorize the use of the power of eminent domain to acquire a strip of land, forty (40) feet in width, containing 3.523 acres
of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36 and the WILEY PARKER LEAGUE, Abstract No. 37, Walker County, Texas, and being out of and upon a called 488.63
acre tract described in a Deed from Dorothy Thomason Family Partnership, LTD. to Edwin E. Thomason and wife, Sandy S. Thomason, dated June 2, 2006, recorded in Volume 753, page 201,
Official Public Records of Walker County, Texas. 2) being a strip of land, twenty (20) feet in width, containing 0.778 acre of land, more or less, situated in the JESSE PARKER LEAGUE,
Abstract No. 36 and the WILEY PARKER LEAGUE,
Abstract No. 37, Walker County, Texas, and being out of and upon a called 488.63 acre tract described in a Deed from Dorothy Thomason Family Partnership, LTD. to Edwin E. Thomason and
wife, Sandy S. Thomason, dated June 2, 2006, recorded in Volume 753, page 201, Official Public Records of Walker County, Texas for the replacement of an old sanitary sewer line in poor
condition with a new sanitary sewer to provide service to current customers and to provide for future development; the motion was seconded by Councilmember McKenzie. [Requires a record
vote]. The motion was adopted, 9-0.
Roll call yes: Councilmembers; Beebe, Humphrey, McKenzie, Mullins, Strong, Graham, Massey, Lyle, and Mayor Andy Brauninger
No: None
The motion passed
Consider the use of eminent domain to condemn property and discussion, and possible action to approve Resolution 2022-11 to initiate condemnation under Chapter 21 of the Texas Property
Code for an easement to lay a sanitary sewer line generally located approximately 3.9 miles north northeast of City Hall along the southeast side of Parker Creek, across a property
more particularly described as: 1) an easement property being a strip of land, forty (40) feet in width, containing 2.222 acres of land, more or less, situated in the JESSE PARKER LEAGUE,
Abstract No. 36, Walker County, Texas, and being out of and upon a called 204.00 acre tract described in a Deed from Raymond Blalock, II to John Joseph Peet and Kimberly Layne Peet,
dated March 8, 2019, recorded as Instrument Number 45569, Official Public Records of Walker County, Texas. [Dr. Kathlie S. Jeng-Bulloch City Engineer] [Requires a record vote]
Councilmember Beebe moved that the City of Huntsville, Texas authorize the use of the power of eminent domain to acquire a strip of land, forty (40) feet in width, containing 2.222 acres
of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36, Walker County, Texas, and being out of and upon a called 204.00 acre tract described in a Deed from Raymond
Blalock, II to John Joseph Peet and Kimberly Layne Peet, dated March 8, 2019, recorded as Instrument Number 45569, Official Public Records of Walker County, Texas for the replacement
of an old sanitary sewer line in poor condition with a new sanitary sewer to provide service to current customers and to provide for future development; the motion was seconded by Councilmember
McKenzie. [Requires a record vote]. The motion was adopted, 9-0.
Roll call yes: Councilmembers; Beebe, Humphrey, McKenzie, Mullins, Strong, Graham, Massey, Lyle, and Mayor Andy Brauninger
No: None
The motion passed
Consider the use of eminent domain to condemn property and discussion, and possible action to approve Resolution 2022-12 to initiate condemnation under Chapter 21 of the Texas Property
Code for an easement to lay a sanitary sewer line generally located approximately 4 miles northeast of City Hall along the south side of Parker Creek, across a property more particularly
described as: 1) an easement property being a strip of land, forty (40) feet in width, containing 1.881 acres of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No.
36, Walker County, Texas, and being out of and upon TR.-1 92.96 AC. according to a Plat of Calvin M. Ellisor Property Tracts 1 & 2 recorded in Volume 4, page 4, Plat Records of Walker
County, Texas, said Tract 1 (92.96 acres) conveyed in a Deed from Calvin M. Ellisor and wife, Irene Ellisor to Jerry Ellisor and Byron Ellisor, dated February 15, 2007, recorded in
Volume 794, page 462, Official Public Records of Walker County, Texas.
Councilmember Beebe moved that the City of Huntsville, Texas authorize the use of the power of eminent domain to acquire a strip of land, forty (40) feet in width, containing 1.881 acres
of land, more or less,
situated in the JESSE PARKER LEAGUE, Abstract No. 36, Walker County, Texas, and being out of and upon TR.-1 92.96 AC. according to a Plat of Calvin M. Ellisor Property Tracts 1 & 2 recorded
in Volume 4, page 4, Plat Records of Walker County, Texas, said Tract 1 (92.96 acres) conveyed in a Deed from Calvin M. Ellisor and wife, Irene Ellisor to Jerry Ellisor and Byron Ellisor,
dated February 15, 2007, recorded in Volume 794, page 462, Official Public Records of Walker County, Texas for the replacement of an old sanitary sewer line in poor condition with a
new sanitary sewer to provide service to current customers and to provide for future development; the motion was seconded by Councilmember McKenzie. [Requires a record vote]. The
motion was adopted, 9-0.
Roll call yes: Councilmembers; Beebe, Humphrey, McKenzie, Mullins, Strong, Graham, Massey, Lyle, and Mayor Andy Brauninger
No: None
The motion passed
3. CITY COUNCIL/MAYOR/CITY MANAGER
None
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.)
None
5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
(Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff, for which no action will be discussed or taken.)
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 Brauninger provided information on the Wynne Home Arts and Visitors Center Annual Empty Bowls Fundraiser.
Councilmember Beebe provided information on Baptized a Texan.
Councilmember Lyle provided information on the Texas A&M Forest Service hosting Trees and Seeds.
Councilmember Humphrey provided information on the Main Street Adopt a Block event.
Councilmember Massey provided information on the Gracie Humaita Huntsville Gym hosting a free women’s self-defense class.
Councilmember McKenzie provided information on the Citizenship Preparation Course.
Councilmember Strong provided information on the Mad Science presentation at the Huntsville Public Library, “Fire and Ice”.
Councilmember Mullins provided information on “Pottery for Kids!”.
Councilmember Graham provided information on “Yarn Art”.
ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 7::16 p.m.
ATTEST: CITY OF HUNTSVILLE
________________________________ ________________________________
Kristy Doll, City Secretary Andy Brauninger, Mayor