City Council Meeting Agenda Packet 4-16-2021Daiquiri Beebe, Ward 1
Russell Humphrey, Ward 2
Blake Irving, Ward 3
Mayor Pro Tem Joe P. Rodriquez, Ward 4
CITY OF HUNTSVILLE, TEXAS
Andy Brauninger, Mayor
Bert Lyle, Position 1 At-Large
Dee Howard Mullins, Position 2 At-Large
Vicki McKenzie, Position 3 At-Large
Pat Graham, Position 4 At-Large
HUNTSVILLE CITY COUNCIL AGENDA
TUESDAY, APRIL 6, 2021
WORKSHOP 5:30 P.M. IN CITY COUNCIL CHAMBERS
REGULAR SESSION 6 P.M. IN CITY COUNCIL CHAMBERS,
HUNTSVILLE CITY HALL, 1212 AVENUE M, HUNTSVILLE, TEXAS 77340
City hall will implement 6-foot social distancing for those in attendance. The City reserves the right to take temperatures of those
wanting to attend and requires attendees to wear face masks, subject to Attorney General Order GA-029. The City reserves the
right to deny access to the meeting because of the above requirements for the safety of its citizens. For those who cannot attend
because of the social distancing requirements or for the reasons listed above, the meeting will be broadcast live on the City website
at www.HuntsvilleTX.gov/Meetings or on Facebook. The meeting will be recorded, and such recordings will be made available on
the City website at www.HuntsvilleTX.gov. 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 [5:30 P.M.] City Council will receive briefing on the City’s response to the February winter storm.
MAIN SESSION [6 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.
PROCLAMATIONS – National Library Week
Sexual Assault Awareness Month
1. PUBLIC HEARING
a. Public hearing to hear comments on the Conditional Use Permit Application for a Self-Service Storage
Facility to be expanded on property located at 20 FM 1791. [Armon Irones, City Planner]
2. CONSENT AGENDA
Public comments will be called for by the presiding officer before action is taken on these items. (Approval of
Consent Agenda authorizes the City Manager to implement each item in accordance with staff
recommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda for
full discussion by request of a member of Council.)
a. Approve the minutes of the City Council meetings held March 16 and March 23, 2021. [Terri Johnson,
Interim City Secretary]
b. Consider adoption of Ordinance 2021-14 to amend the budget for FY 20-21 and/or CIP Project budgets.
[Steve Ritter, Finance Director]
c. Consider purchase of office supplies and related items estimated to be $53,000 from Office Depot utilizing
OMNIA Partners Purchasing Cooperative with an expiration date June 30, 2024 with options to renew
through June 30, 2029. [Steve Ritter, Finance Director]
3. STATUTORY AGENDA
a. Consider approving the Conditional Use Permit Application for a Self-Service Storage Facility to be
expanded on property located at 20 FM 1791. [Armon Irones, City Planner]
4. CITY COUNCIL/MAYOR/CITY MANAGER/CITY ATTORNEY
a. FIRST READING - Consider adoption of Ordinance 2021-13, suspending the rates proposed by
Centerpoint Entergy Resources Corp. d/b/a Centerpoint Energy Entex Gas Reliability Infrastructure
Program (GRIP) filing made with the City on March 4, 2021, first reading. [Leonard Schneider, City
Attorney]
b. Consider approving nominees for the Tax Increment Reinvestment Zone (TIRZ) Number One Board of
Directors. [Mayor Andy Brauninger]
5. REQUESTS FOR CITIZEN PARTICIPATION
An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion.
No action will be taken.
None submitted.
6. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
7. ITEMS OF COMMUNITY INTEREST
(Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City
staff, for which no action will be discussed or taken.)
8. EXECUTIVE SESSION
a. City Council will adjourn into executive session under Texas Government Code Section 551.074 –
personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer or employee, concerning vacant City Secretary position. [Mayor Andy
Brauninger]
b. City Council will adjourn into executive session under Texas Government Code Section 551.071 to receive
legal advice on complaints made by Jesus Rodriguez. [City Attorney Leonard Schneider]
9. 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, Terri Johnson, Interim City Secretary, do hereby certify that a copy of the April 6, 2021 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: 04/01/2021
TIME OF POSTING: _________ _________________________________
TAKEN DOWN: Terri Johnson, Interim City Secretary
PROCLAMATION
NO. 2021-15
WHEREAS, libraries of all types are at the heart of their cities, towns, schools, and campuses, serving
their communities;
WHEREAS, libraries are accessible and inclusive places that foster a sense of belonging and
community;
WHEREAS, today’s libraries and their services extend far beyond the four walls of a building and
everyone is welcome to use their resources;
WHEREAS, for people lacking broadband at home libraries provide access to computers and wi-fi;
WHEREAS, libraries strive to develop and maintain programs and collections that are as diverse as
the populations they serve and ensure equity of access for all;
WHEREAS, libraries offer opportunities for everyone to explore new worlds and become their best
selves through access to technology, multimedia content, and educational programs;
WHEREAS, in times of crisis, libraries, librarians, and library workers play an invaluable role in
supporting their communities both in person and virtually;
WHEREAS, to adapt to our changing world, libraries are expanding their resources and continuing
to meet the needs of their patrons;
WHEREAS, libraries are cornerstones of democracy, promoting the free exchange of information and
ideas for all;
WHEREAS, libraries have long served as trusted and treasured institutions for all members of the
community regardless of race, ethnicity, creed, ability, sexual orientation, gender identify, or socio-
economic status;
WHEREAS, libraries, librarians, and library workers are joining library supporters and advocates
across the nation to celebrate National Library Week;
NOW, THEREFORE, be it resolved that I, Andy Brauninger, Mayor of the City of Huntsville,
proclaim
National Library Week, April 4-10, 2021.
During this week, I encourage all residents to utilize the many resources of our public library. Because
of you, Libraries transform lives and communities.
PROCLAIMED AND SIGNED this 6th day of April 2021.
___ ________________
Andy Brauninger, Mayor
PROCLAMATION
NO. 2021-16
WHEREAS April is Sexual Assault Awareness Month – a time to draw attention to the
prevalence of sexual assault and educate individuals and communities
about how to prevent it. Sexual harassment, abuse, and assault are
widespread problems. We know that, in the United States alone, nearly one
in five women and one in 67 men have been raped at some time in their lives
(Smith et al., 2017), and that one in six boys and one in four girls is sexually
abused before the age of 18 (Dube et al., 2005); and
WHEREAS Sexual harassment, assault, and abuse happen in all communities – and
that includes online spaces. We are spending more and more of our lives
online – whether that’s for work, school, or entertainment. Unfortunately,
with the increase in virtual connection comes an increase in online abuse
and harassment. Consent and boundaries can be violated online in a
number of ways, and the trauma of online abuse is all too real for many
survivors; and
WHEREAS Each of us has the power to change that. We can all make a difference to
ensure that our online communities are safe and respectful for everyone;
and
WHEREAS 2021 marks the twentieth anniversary of SAAM, and the theme of this year’s
campaign is “We Can Build Safe Online Spaces”. The campaign calls on us
to create online spaces that are built on the foundational values of
practicing consent, keeping kids safe, and supporting survivors.
NOW, THEREFORE, BE IT HEREBY PROCLAIMED, by the power vested in me as
Mayor of the City of Huntsville, Texas that:
April 2021
be declared: Sexual Assault Awareness Month
in the City of Huntsville and I encourage everyone to join advocates and communities across
the country in preventing online abuse. Together we can build safe online spaces now and
into the future.
PROCLAIMED AND SIGNED this the 6th day of April 2021.
___________________
Andy Brauninger, Mayor
Agenda Item 1a
Item/Subject: Public hearing to hear comments on the Conditional use Permit application for a Self-
Service Storage Facility to be expanded on property located 20 FM 1791. [Armon Irones, City Planner]
Initiating Department/Presenter: Development Services
Presenter: Planning Division Staff – Armon Irones, City Planner
Recommended Motion: Move to approve Conditional Use Permit Application # 01-2021, allowing a
Self-Service Storage Facility to be expanded on property located at 20 FM 1791 with conditions as
recommended by the Planning Commission.
Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse
economy.
Discussion: On March 4, 2021, following a public hearing, the Planning Commission voted unanimously
to recommend approval of Conditional Use Permit 01-2021 as detailed in the attached Letter of
Conditional Approval. This document places conditions on the development to mitigate possible
nuisance effects of the development on surrounding properties and on the development of one
of the primary corridors leading into the City. The applicant has agreed to the conditions
recommended by the Planning Commission.
Planning Staff did not receive any phone calls or emails from adjacent property owners about the
proposed expansion on site of a Self-Service Storage Facility at the subject location. The Planning
Commission recommended the addition of the requirement for the developer to provide some form of
screening for the two new buildings that will be on the front one-third (1/3) of the property, either by
landscaping, fencing, or screening wall. The existing 6 feet perimeter fencing can remain in place and
any additional perimeter fencing can also be 6 feet in height. In addition to the screening requirements
found in Development Code Section 4.210, no visible barbed wire, or other comparable material, will
be allowed on fencing in the 25 ft front setback or along the property line adjacent to FM 1791.
Previous Council Action: None
Financial Implications: ☒ There is no financial impact associated with this item.
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
Draft Letter of Approval
Planning Commission Minutes March 4, 2021 Public Hearing
Staff Discussion Form
Vicinity map by staff
Application and Site Plan (Supplied by Applicant)
4/6/21
Agenda Item: 1a
CITY COUNCIL AGENDA
448 SH 75 N ˑ Huntsville, TX 77320-1118 ˑ 936-294-5700 ˑ 936-294-5701 fax ˑ www.huntsvilletx.gov
Our vision for the City of Huntsville is a community that is beautiful, historic, culturally
diverse, affordable, safe, and well planned with great opportunity for our citizens.
Huntsville
April 7, 2021
Mr. Aaron Saunders
Spartan Investment Group, LLC
1440 Brickyard Road, Unit 4
Golden, CO 80403
Re: CUP Application for 20 FM 1791, Huntsville, TX, 77340
Dear Mr. Saunders,
In observation of the requirements of the City Development Code, the City of Huntsville City Council
approved Conditional Use Permit 01-2021 on April 6th, 2021, subject to the following conditions:
I. General
A. The expansion of a self-service storage facility on the subject property, 20 FM 1791,
Huntsville, TX, 77340 shall be allowed upon compliance with all applicable
requirements of the City of Huntsville Development Code and the Conditions of
Approval included in this letter.
B. The following plans are required to demonstrate that these conditions of approval have
been addressed. These plans may be submitted as a single application for a Commercial
Building Permit.
a. Landscaping Plan. Must show the location of all plantings and irrigation.
b. Photometric Lighting Plan. Any site lighting used on the property shall be
shielded and/or directed away from adjacent properties. Security lighting shall
not infringe on adjacent properties. Use of lowest wattage and highest energy
efficiency fixture available is required. Photometric light plan shall be
submitted to and approved by the City Building Official.
c. Master Sign Plan. The purpose of the master sign plan is to encourage the
effective use of signs as a means of identification and communication for
businesses in the City, to require proper sign maintenance, and to minimize the
possible adverse effects of signs on nearby public and private property. The
master sign plan shall include all proposed signs or sign locations for the entire
multiple-tenant development, including defined wall sign spaces for tenants
(tenant sign space), a monument sign or multi-tenant sign, directional signs, etc.
Page 1 of 3
C I T Y O F
Incorporated in 1845 under the Republic of Texas
448 SH 75 N ˑ Huntsville, TX 77320-1118 ˑ 936-294-5700 ˑ 936-294-5701 fax ˑ www.huntsvilletx.gov
Our vision for the City of Huntsville is a community that is beautiful, historic, culturally
diverse, affordable, safe, and well planned with great opportunity for our citizens.
C. Self-Service Storage Use. For the two self-service storage buildings that are proposed
to be located on the front one-third (1/3) of the property, these buildings must be
screened with some form of landscaping, fencing, or a screening wall.
D. Access to the self-service Storage Facility. Access to the self-service storage facility
will only take place along FM 1971. No secondary access to the property will occur
off of SH 30.
II. Screening
A. Any outdoor storage of materials, including vehicles, must be screened from the public
Right-of-Way in a manner approved by the City Building Official.
B. In addition to the screening requirements found in Development Code Section 4.210,
no visible barbed wire, or other comparable material, will be allowed on fencing
in the 25ft front setback or along the property lines adjacent to FM 1791.
C. Existing security feet of 6 feet in height for the current self-storage facility can continue
to be used around the perimeter of the portion of the property where the self-service
storage use is occurring.
D. Any required perimeter screening or buffering shall be properly maintained and remain
in place for the duration of the use of the property as a self-service storage facility.
III. Landscaping
A. Enhanced landscaping is required to be installed along the perimeters on the property
lines and around the detention pond in the southwest corner of the property.
B. At least 10% of the total landscape requirement must be installed adjacent to the public
right-of-way.
C. All landscaping and irrigation shall be located on the subject property. Landscaping
installed for the purpose of screening the facility may not be located in the public Right-
of-Way.
Before implementing the improvements required and/or authorized by this Conditional Use
Permit, submission and approval of all permits, design drawings, proposed materials and
plantings require approval by the Building Official.
Page 2 of 3
448 SH 75 N ˑ Huntsville, TX 77320-1118 ˑ 936-294-5700 ˑ 936-294-5701 fax ˑ www.huntsvilletx.gov
Our vision for the City of Huntsville is a community that is beautiful, historic, culturally
diverse, affordable, safe, and well planned with great opportunity for our citizens.
Please make note of the following excerpt from the Development Code, Section 12.809 Lapse of
Approval.
12.809.A An approved conditional use application will lapse and have no further effect
18 months after it is approved by the City Council, unless:
1. A building permit has been issued (if required);
2. A certificate of occupancy has been issued; or
3. The conditional use has been lawfully established.
12.809.B The City Council is authorized to extend the expiration period for good cause
on up to 2 separate occasions, by up to one year each. Requests for extensions
must be submitted to the City Planner and forwarded to the City Council for a
final decision.
12.809.C A conditional use also lapses upon revocation of a building permit or a
certificate of occupancy for violations of conditions of approval or upon
expiration of a building permit to carry out the work authorized by the
conditional use approval.
This letter is your authorization to proceed with the required permitting for the project. If we may be
of further service to you, please do not hesitate to contact us at 936-294-5781.
Respectfully,
Armon Irones
City Planner
CC: GJMC, LLC
Page 3 of 3
To be published in the weekend edition of the Item for Sunday, March 21, 2021
PUBLIC HEARING NOTICE
On Tuesday, April 6, 2021 at 6:00 PM, the City of Huntsville City Council will hold a public hearing in
the Council Chambers of City Hall located at 1212 Avenue M, Huntsville, Texas, 77340 to take testimony
concerning a request for a Conditional Use Permit required for the expansion of an existing Self-Service
Storage Facility on approximately 6.46 acres of property located at 20 FM 1791 in the City of Huntsville.
A Conditional Use Permit is required for this proposed expanded use of the property within the
Management District per Table 4-1: Use Table in Article 4: Use Regulation of the current City of
Huntsville Development Code.
You are hereby notified in accordance with the City of Huntsville Development Code, the City Council
plans to take action on this matter. The documents will be available on-line, at the office of the City
Secretary at City Hall, and at the City Service Center, once the City Council’s agenda is posted, which is
72 hours before the meeting date. If you are unable to attend the public hearing, written comments will be
accepted during normal business hours in the office of the Planning Division located at the City Service
Center, 448 State Highway 75 North, Huntsville, TX 77320 or you may call 936-294-5781 for more
information.
Page 1 of 2
Approved xx-xx-xxxx
MINUTES OF THE MEETING OF THE PLANNING COMMISSION HELD IN THE COUNCIL
CHAMBERS, AT CITY HALL, 1212 AVENUE M, HUNTSVILLE, TEXAS ON THE 4TH DAY OF
MARCH 2021 AT 5:30 PM.
Members present: Woods; Hooten; Thompson; Carpenter
Members absent: Lynch
City staff present: Irones; Byal; Sanchez
1. CALL TO ORDER
The meeting was called to order by Chairman Woods. [5:30 PM]
2. PLEDGE OF ALLEGIANCE
a. U.S. Flag
b. Texas Flag
3. INVOCATION
Chairman Hooten let the invocation.
4. PUBLIC HEARING to take the testimony concerning the application for a Conditional Use
Permit for a Self-service Storage Facility expansion located at 20 FM 1791.
Scott Lewis, CEO of Spartan Investment, gave an overview of Spartan Inc. He explained
why storage facilities are important. He informed the Planning Commission that Spartan Inc. is
veteran-owned and they have received phone calls from incoming home owners across the street
from the facility at Rockbridge subdivision. His construction project manager, Gerrit Van
Maanen spoke about the demand for self-storage facilities and future expansion plans for the
property. Aaron Sanders spoke about the features at the facility currently.
Speakers in Support of the Conditional Use Permit Application
There were none.
Speakers in Opposition of the Conditional Use Permit Application
There were none.
Chairman Woods closed the Public Hearing.
5. CONSIDER the application for a Conditional Use Permit for a Self-Service Storage Facility
expansion located at 20 FM 1791.
City Planner Armon Irones gave a detailed staff report for the Conditional Use Permit.
Vice-Chairman Hooten asks if the developer has gotten a draft of the conditions and if they
approve of them. Mr. Lewis confirmed he received the conditions and approves of them except for
requiring an eight-foot fence. Mr. Lewis asked if the existing six-foot perimeter fencing could be
used and Mr. Irones along with the Planning Commission agreed that it could. Vice-Chairman
asks if they have gotten a TxDOT permit and Mr. Lewis confirms that he has not because they are
not planning on having entry on SH 30. Chairman Woods asks if the conditions proposed are
compatible with the current facility. Mr. Lewis confirmed that the proposed conditions are
compatible with the current facility and they also plan on doing improvements to fences,
concrete, and security. Mr. Irones clarified that the expanded facility would have landscaping.
Chairman Woods asks about “grandfathering” on the property, which is then explained that
“grandfathering” rights are lifted if the owner decides to make any changes, in this case, expand.
Planning Commission Minutes
March 4, 2021
Page 2 of 2
Approved xx-xx-xxxx
Commissioner Carpenter asks if there will be one large building or small, open storage. Mr.
Lewis says that it unclear at its current state.
Vice-chairman Hooten moved to recommend approval of the Conditional Use Permit per
the Conditional Use Permit Draft Approval Letter. Second was by Commissioner Carpenter. The
vote was unanimous.
6. CONSIDER the Final Plat of Raven Corner Subdivision, located in the City Limits of
Huntsville.
City Planner Armon Irones gave a detailed staff report for the Final Plat and stated that
City Staff recommended approval. Vice-Chairman Hooten asked for clarification if approval
is for the easement only or the entire plat. Armon clarified that the Commissioners are
approving the plat that has the public utility easement on it. The last time Raven Corner was
looked at was two years ago.
Commissioner Carpenter moved to approve the Final Plat of Raven Corner Subdivision.
Second was by Commissioner Thompson. The vote was unanimous.
7. CONSIDER the minutes of the January 21, 2021.
Vice-Chairman Hooten moves to approve the minutes of January 21, 2021.
Second was by Commissioner Carpenter. The vote was unanimous.
8. CONSIDER the minutes of the February 4, 2021.
Vice-Chairman Hooten moves to approve the minutes of February 4, 2021.
Second was by Commissioner Thompson. The vote was unanimous.
9. PUBLIC COMMENTS
None
10. ITEMS OF COMMUNITY INTEREST
Announcements concerning items of community interest from the Commission and
City for which no action was discussed.
Second Comprehensive Plan (CPAC) Meeting at 1:30 pm in the Library
on March 11, 2021.
Joe Whitehead resigned from the Planning Commission. Commissioner
Thompson suggested we discuss the vacant positions at the next meeting.
11. ADJOURNMENTS
Chairman Carpenter moved to adjourn the meeting. Second was by Chairman
Thompson. The vote was unanimous. [6:03 PM]
1
PLANNING COMMISSION
AGENDA ITEM DISCUSSION FORM
Prepared by: Armon Irones, City Planner
MEETING DATE: March 4, 2021
SUBJECT: Proposed Development of a Self-Service Storage Facility
TYPE OF REVIEW: Conditional Use Permit
Applicant: Spartan Investment Group-Aaron Saunders
LOCATION: 20 FM 1791, Huntsville, TX 77340
FACTS, CODE REQUIREMENTS AND CONDITIONS
With the adoption of the updated Development Code, effective date of August 31,
2015, additional measures were placed in the code to protect the character and
growth of the City from potential nuisance land uses at the request of the
Planning Commission and City Council. The Development Code states that certain nuisance uses may be made appropriate through the additional scrutiny
of a Conditional Use Permit (CUP). The Development Code was updated in
February 18, 2020 to identify Self-Service Storage Facilities as a potential
nuisance use.
The applicant, Spartan Investment Group, is currently under contract to purchase
the existing self-storage facility and they want to expand the operations on the property by adding 41,475 square feet of storage to the existing 50,940 square
feet on property located on the west side of FM 1791 south of the intersection of
FM 1791 and SH 30 W. The subject property is approximately 6.46 acres and is located in the Management (M) District. Self-service storage facilities are one of
the uses which require a CUP if located anywhere in the City.
The subject property was previously grandfathered when it was annexed into the
city and the current self-storage facility includes approximately 542 linear feet of
frontage along FM 1791. The applicant is also proposing access to the property
from SH 30 W which has approximately 522 linear feet of frontage. The properties to the north and east of the proposed onsite expansion are located in
the Management Development District and those south and west of the property
are in the ETJ (Extra-territorial Jurisdiction).
Adequate existing street access and water and sanitary sewer service is available for the proposed development. A preliminary site development plan
has been submitted in the developer’s presentation package indicating that
additional screening and landscaping will be added. The City Engineer will review
and approve the drainage plan prior to construction.
Huntsville Horizon Comprehensive Plan
The Comprehensive Plan states that the City should create and implement
effective controls for managing incompatible land uses based upon their
character, intensities, and impacts on adjacent nearby uses.
2
The Plan advises that officials “focus particular attention on more effective management of development quality, impacts, and aesthetics along Huntsville’s
major roadway corridors.” Goal 2.2.9 recommends the creation of “special
performance standards for properties abutting the I-45 corridor, Sam Houston
Avenue, SH 75, 11th street, US Hwy 190, and other high priority corridors. This
may include…potential provisions pertaining to increased landscape surfaces (adjacent to the right-of-way and throughout individual sites); reduced impervious
surface coverage; floor area ratios; enhanced requirements for landscaping,
screening and buffering between uses; outdoor storage, display and use activity;
the type, size, number and placement of signs; outdoor lighting standards; site
access and circulation; building placement and orientation; and building design and appearance.”
Relevant Land Use Policies from the Comprehensive Plan (Pg. 23),
reproduced in part below:
“The following Land Use policy statements indicate the City’s intentions for
managing its future growth and development character. These policies reflect the
future vision of the community and its desired land use pattern. These policy
statements will serve to guide decision-making by the Planning & Zoning
Commission and City Council as they implement this Comprehensive Plan.
Land Use Policy Statement #5: Residential areas should not be situated next to intense nonresidential uses without provisions for increased separation and
buffering. Less intense nonresidential development may be appropriate next to
residential development with performance standards to mitigate adverse impacts.
Land Use Policy Statement #18: Development near community entrances should be suburban or rural in character or enhanced via regulations and
standards.”
The attached Letter of Conditional Approval provides draft conditions that
would serve to mitigate possible nuisance effects of the development on surrounding properties. These conditions are intended to address noise, intrusive
lighting, maintenance, visual clutter, and parking concerns, etc.
CUP Process
The requirements for the review and approval of a Conditional Use Permit are
defined in Article 10: Development Review and Approval Procedures, Section
12.800 Conditional Uses, Development Code, effective date of August 31, 2015.
Simply stated the procedure for a Conditional Use Permit is as follows: Planning staff review application and prepare report and staff recommendation for the Planning Commission prior to the public
hearing on the conditional use permit application.
3
Planning Commission must hold a public hearing on the proposed conditional use. Commission must then act, by simple majority vote,
to recommend approval, approval with conditions, or denial of the request and convey its recommendation to City Council.
Final action on the conditional use permit is by City Council after
receiving the Planning Commission recommendation on the matter.
City Council must hold a public hearing and then act to approve, approve the proposed amendment with conditions, or deny the
proposed conditional use. City Council may also remand the proposed conditional use application to the Planning Commission for
further consideration. The conditional use permit application may be
approved by simple majority.
There are additional provisions for lapses in, transferability of, and amendments to approved Conditional Use Permits in the code. Please refer to Section 12.800
of the Development Code for additional details.
In reviewing an application for a CUP, Section 12.808 of the Development Code
states the following:
No conditional use may be recommended for approval or approved unless
the respective review or decision-making body determines that evidence
has been submitted to support each of the following conclusions:
•That the proposed use is consistent with the Comprehensive Plan;
•That adequate utilities, roads, drainage and other necessary infrastructure facilities and public services are or will be available to serve
proposed use; and
•That the proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or be
injurious to property values or improvements in the vicinity.
STAFF RECOMMENDATION
FM 1791 is a secondary corridor and this section of it is on the edge of the city
limits. The subject site is positioned in an area on FM 1791 near SH 30 with a variety of land uses and large tracts of undeveloped land to the north and south.
The land to the east is being proposed to be a single-family subdivision. While
self-storage storage can be a good complementary use to residential
development, it is the prerogative of the City to set conditions of approval that
facilitate a safe and attractive environment for development as the city continues to grow.
Staff finds that the proposed use will not be detrimental to the health, safety, or
general welfare of persons residing or working in the vicinity greater than any
other use allowed by right in the Management Development District. Possible injurious effects on surrounding property value may be mitigated by the
conditions of approval included in the draft Letter of Conditional Approval because the proposed conditions would provide sufficient improvements and
buffering to create a safe and attractive environment for continued development
along FM 1791.
4
Due to this and the fact that the proposed use meets all three criteria as outlined in the Development Code, staff recommends approval of the Conditional Use
Permit, with the conditions outlined in the Letter of Conditional Approval.
ATTACHMENTS
Application Vicinity map by staff
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION
8 CREATED DATE: 2/25/2021
20 FM 1791Huntsville GIS Division
1 in = 500 ft
0 0.1 0.20.05 mi
On 8.5 x 11 inch Print
On Any Print Size
Service Layer Credits: City of Huntsville GIS Division
The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See full GIS Data Disclaimer at: www.huntsvilletx.gov/gis
MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 16th
DAY OF MARCH 2021, IN THE CITY HALL, LOCATED AT 1212 AVENUE M, IN THE CITY OF
HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 6:00 P.M.
The Council met in a regular session with the following:
COUNCILMEMBERS PRESENT: Daiquiri Beebe, Blake Irving, Russell Humphrey, Bert Lyle, Joe P.
Rodriquez, Andy Brauninger, Pat Graham, Vicki McKenzie, Dee Howard Mullins
COUNCILMEMBERS ABSENT:
OFFICERS PRESENT: Aron Kulhavy, City Manager; Leonard Schneider, City Attorney; Terri Johnson,
Interim City Secretary
MAIN SESSION [6 P.M.]
CALL TO ORDER – Mayor Brauninger called the meeting to order at 6:00 p.m.
INVOCATION AND PLEDGES
U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God,
one, and indivisible.
Mayor Brauninger gave the invocation and led the pledges.
1. 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 March 2, 2021. [Ashley Newsome, Deputy
City Secretary]
b. Consider adoption of Ordinance 2021-11 to amend the budget for FY 20-21 and/or CIP Project
budgets. [Steve Ritter, Finance Director]
c. Consider authorizing the City Manager to award a purchasing agreement to multiple vendors as
based on product price, availability, and reasonable delivery time for tires from Southern Tire
Mart and American Tire Distributors, utilizing terms established by the Buy Board Cooperative.
[Brent Sherrod, P.E., Director of Public Works]
d. Consider authorizing the City Manager to enter into an agreement with Shaumburg & Polk, Inc.
for professional engineering services for FY20-21 Waterline Replacement Projects. [Y.S. “Ram”
Ramachandra, City Engineer]
e. Consider authorizing the City Manager to enter into an agreement with Gunda Corporation for
professional engineering services for FY20-21 Sanitary sewer line Replacement Projects. [Y.S.
“Ram” Ramachandra, City Engineer]
Councilmember Graham made a motion to approve the consent agenda; the motion was seconded by
Councilmember Beebe. The motion was adopted, 9-0.
2. STATUTORY AGENDA
a. Hear presentation and consider approval of the audit for FY 19-20 from Pattillo, Brown, and Hill,
LLP, CPAs. [Steve Ritter, Finance Director]
Councilmember Beebe made a motion to accept the FY 19-20 audit from Pattillo, Brown and Hill, LLP,
CPAs; the motion was seconded by Councilmember Mckenzie. The motion was adopted, 9-0.
b. SECOND READING- Consider authorizing the City manager to enter into an agreement with
Burditt Consultants, LLC for design and construction support services of the Martin Luther King,
Jr. Community Center. [Penny Joiner, Parks and Leisure Director]
Councilmember Howard Mullins made a motion to authorize the City Manager to enter into an agreement
with Burditt Consultants, LLC for design and construction support services of the Martin Luther King Jr.
Community Center; the motion was seconded by Councilmember McKenzie. The motion was adopted,
9-0.
c. Consider adoption of Ordinance 2021-12 to amend Ordinance 2020-27 to reinstate suspension of
Utility Service for non-payment. [Steve Ritter, Finance Director]
Councilmember Joe Rodriquez made a motion to adopt Ordinance 2012-12 to amend Ordinance 2020-
27 to reinstate suspension of Utility Service for non-payment; the motion was seconded by
Councilmember McKenzie. The motion was adopted, 9-0.
d. FIRST READING- Consider authorizing the City Manager to enter an agreement with
Enprotec/Hibbs &Todd, Inc., (eHT) for professional engineering services for AJ-08 & AJ-10 Trunk
Sanitary Sewer Main Replacement Design Project Number 21-03-01, First Reading [Y.S. “Ram”
Ramachandra, City Engineer]
First reading. No action necessary.
Councilmember Humphrey made a motion to wave the second reading authorizing the City Manager to
enter into an agreement with Enprotec/Hibbs & Todd, Inc., (eHT) for professional engineering services
for AJ-08 & AJ-10 Trunk Sanitary Sewer Main Replacement Design Project Number 21-03-01; the
motion was seconded by Councilmember Lyle. The motion was adopted, 9-0.
Councilmember McKenzie made a motion to authorize the City Manager to enter an agreement with
Enprotec/Hibbs & Todd, Inc., (eHT) for professional engineering services for AJ-08 & AJ-10 Trunk
Sanitary Sewer Main Replacement Design Project Number 21-03-01; the motion was seconded by
Councilmember Graham. The motion was adopted, 9-0.
3. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY
a. Consider appointment of Councilmembers Bert Lyle, Daiquiri Beebe and Joe Rodriquez to the City
Search Ad Hoc Committee. [Andy Brauninger, Mayor]
Councilmember Rodriquez made a motion to amend the nominations to include Vicki McKenzie an
alternate Ad Hoc committee member and approve the Mayor’s suggestions for committee members: Bert
Lyle, Daiquiri Beebe and Joe Rodriquez; the motion was seconded by Councilmember Humphrey.
Councilmembers Irving and Howard Mullins voted against the adoption of the motion; the motion was
adopted, 7-2.
b. Consider amending FY 2020-2021 budget for the purchase of additional City Clerk software
through Civic Plus. [Blake Irving, Councilmember Ward 3]
Councilmember Irving made a motion to amend the FY20/21 budget for the purchase of additional Civic
Clerk software through Civic Plus and making all charter members master users of this additional
software; the motion was seconded by Councilmember Howard Mullins.
Councilmember Irving made a motion to pull this agenda item, the amending of the FY20/21 budget and
approve the purchase of Civic Clerk software until a discussion between directors, IT and the City
Manager can resolve the issues; the motion was seconded by Councilmember Howard Mullins; the
motion was adopted, 9-0.
4. REQUESTS FOR CITIZEN PARTICIPATION
An opportunity for citizens to be heard on any topic and for the City Council to participate in the
discussion. No action will be taken.
None submitted.
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 Brauninger spoke about Junk-a-palooza, a community-wide garage sale where individuals may
purchase a booth space and empty out their storage closets from 7am to 12 pm on April 10 in downtown
Huntsville on University Ave. This event is not a vendor or antique show. Retail and craft vendors will not
be permitted at this event.
Councilmember Graham spoke about the Wynne Home’s Empty Bowl fundraiser. The fundraiser is from
11am to 2 pm on March 30. If you donate to Meals on Wheels, you will receive a handmade bowl to help
the fight against hunger.
Councilmember Humphrey announced that the Corporate challenge will begin April 1st. This challenge is a
fun new way for local businesses and their employees to stay fit and compete in multiple events. Each
business will be competing for the overall championship trophy and bragging rights for a year. For more
information, visit the website at https://www.huntsvilletx.ogv/CorporateChallenge.
Councilmember Irving announced that City of Huntsville and Walker County are hosting a FREE tire
recycling event from 7:30 am- 12pm on April 17. There are three locations designated for recycling. 18-
wheeler tires and tires with rims will not be accepted. For more information, call 936-294-5712.
Councilmember Beebe announced that there is an upcoming school bond election for two bond propositions
that have been placed on the May 1 ballot by the Huntsville Independent School District. Early voting will
be April 19th through April 27th at the Walker County Storm Shelter located on 75 north. Proposition A
includes renovations to every Huntsville ISD campus including anew cafeteria and 6th grade wing at Mance
Park Middle School and a new auditorium, new softball and baseball fields at Huntsville High School.
Proposition B includes new tennis courts, two new practice fields for soccer and other activities, additional
parking, a new field house and a renovated Football stadium with seating for High School Football games,
graduation and other events. Passing the bonds will allow for a new grade alignment so that students will
only have to transition to a new school twice. Elementary will cover grades Pre-K through 5, middle school
will include grades 6 through 8 and high school will stay at grades 9 through 12. For more information about
the bond, go to Huntsville-ISD.org/2021 Bond. Please spread the word about the May 1st special election to
people you know.
Councilmember Graham spoke about the Perkins Family and her volunteering to help with food services for
a funeral service of a police officer. She publicly thanked all who helped with the service.
7. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551,
Section 551.071 – to receive legal advice in regards to pending litigation and/or settlement City of
Huntsville v Ocean Link, Inc, et al; Cause 1929476 In the 12th Judicial District, Walker County,
Texas.
b. City Council will adjourn into executive session under Texas Government Code Section 551.071 to
receive legal advice on appeal by Brenda Poe to City Council pursuant to Charter provision 4.11
and legal advice on threatened contemplated litigation by Brenda Poe.
c. City Council will meet in Executive Session pursuant to Texas Government Code Section 551.072
– purchase of real property located within the Birdwell W (A-6) Survey by the City of Huntsville.
The Council convened into Executive Session at 7:38 p.m. and adjourned at 9:25 p.m.
8. RECONVENE
The Council reconvened at 9:27 p.m.
Councilmember Rodriquez made the motion to approve the settlement of the City of Huntsville v. Ocean
Link, Inc. et al; Cause 1929476 in the 12th Judicial District, Walker County, Texas. The motion was
seconded by Councilmember McKenzie. Councilmember Beebe voted against the motion; the motion
was adopted, 8-1.
ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 9:28 p.m.
Ashley Newsome, Deputy City Secretary
ATTEST: CITY OF HUNTSVILLE
________________________________ ________________________________
Terri Johnson, Interim City Secretary Andy Brauninger, Mayor
MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 23rd
DAY OF MARCH 2021, IN THE CITY HALL, LOCATED AT 1212 AVENUE M, IN THE CITY OF
HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 7:30 P.M.
The Council met in a special session with the following:
COUNCILMEMBERS PRESENT: Daiquiri Beebe, Blake Irving, Russell Humphrey, Bert Lyle, Joe P.
Rodriquez, Andy Brauninger, Pat Graham, Vicki McKenzie, Dee Howard Mullins
COUNCILMEMBERS ABSENT:
OFFICERS PRESENT: Aron Kulhavy, City Manager; Leonard Schneider, City Attorney, Terri Johnson,
Interim City Secretary
MAIN SESSION [6 P.M.]
CALL TO ORDER – Mayor Brauninger called the meeting to order at 7:30 p.m.
INVOCATION AND PLEDGES
U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God,
one, and indivisible.
Councilmember Humphrey gave the invocation and Mayor Brauninger led the pledges.
1. EXECUTIVE SESSION
City Council will adjourn into executive session under Texas Government Code Section 551.071 to
receive legal advice on appeal by Brenda Poe to City Council pursuant to Charter provision 4.11 and
to receive legal advice on threatened contemplated litigation and/or settlement by Brenda Poe. [City
Attorney Leonard Schneider]
The Council convened into Executive Session at 7:32 p.m. and adjourned at 7:50 p.m.
2. RECONVENE
The Council reconvened at 7:52 p.m.
Councilmember Rodriquez made the motion to approve Rule 11 Settlement Agreement proposed by
Brenda Poe. The motion was seconded by Councilmember Humphrey. The vote on the motion was
unanimous 9-0.
ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 7:54 p.m.
ATTEST: CITY OF HUNTSVILLE
________________________________ ________________________________
Terri Johnson, Interim City Secretary Andy Brauninger, Mayor
Agenda Item # 2b Page 1
Item/Subject: Consider adoption of Ordinance 2021-14 to amend the budget for FY 20-21 and/or
CIP Project budgets.
Initiating Department/Presenter: Finance
Presenter: Steve Ritter – Finance Director
Recommended Motion: Move to adopt Ordinance 2021-14 to amend the budget for FY 20-21 and/or
CIP Project budgets.
Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government
through conservative fiscal practices and resource management.
Discussion: Detailed explanation is provided in the attachment, Exhibit A, to the Ordinance. The
Budget Amendments were presented to those in attendance at the at the March 16, 2021 meeting.
However, there was not a quorum at the meeting and no official action was taken on the Budget
Amendments.
Previous Council Action: None.
Financial Implications:
☒ See the attached Ordinance and related Budget Amendments (Exhibit A)
Approvals: ☐City Attorney ☒Director of Finance ☐City Manager
Associated Information:
• Ordinance 2021-14, page 2
• Exhibit A (list of budget amendments), page 3
4/6/2021
Agenda Item: 2b
CITY COUNCIL AGENDA
Agenda Item # 2b Page 2
ORDINANCE NO. 2021-14
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE 2020-
2021 ANNUAL BUDGET AND CAPITAL IMPROVEMENTS PROJECTS (CIP)
BUDGETS, ORDINANCE NO. 2020-43 TO AMEND ADOPTED EXPENDITURES OF
THE BUDGET; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the 2020-2021 Annual Budget and CIP Budgets were adopted by Ordinance 2020-43 on
September 15, 2020;
WHEREAS, various unforeseen circumstances affecting the City have presented themselves during the
course of the fiscal year;
WHEREAS, the City Council considered the circumstances independently, deliberating appropriately on
the associated revenues and expenditures and the overall impact on the general financial status of the City;
WHEREAS, pursuant to the laws of the State of Texas and the City Charter of the City of Huntsville,
Texas, the City Council has determined that it will be beneficial and advantageous to the citizens of the
City of Huntsville to amend the annual budget for fiscal year 2020 – 2021 and the Capital Improvements
Projects (CIP) budget as set forth herein; and
WHEREAS, this ordinance combines the independent Council actions into one budget amendment
document;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
Section 1. The findings set forth above are incorporated into the body of this ordinance.
Section 2. The annual budget for fiscal year 2020 – 2021 is hereby amended to include the expenditures
and revenues in Exhibit “A” and the Capital Improvements Projects budget is hereby amended to include
the expenditures described in Exhibit “A” attached hereto and made a part of this ordinance as if set out
verbatim herein.
Section 3. All ordinances of the City in conflict with the provisions of this ordinance are hereby repealed,
and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 4. Should any section, portion, sentence, clause or phrase of this ordinance be declared
unconstitutional or invalid for any reason, it shall not invalidate or impair the force or effect of any other
section or portion of this ordinance.
Section 5. The necessity for amending the budget for the fiscal year 2020 – 2021 and Capital Improvements
Projects, as required by the laws of the State of Texas, requires that this ordinance shall take effect
immediately from and after its passage, as the law in such cases provides.
Section 6. This ordinance shall take effect immediately after its passage.
PASSED AND APPROVED on this the 6th day of April 2021.
THE CITY OF HUNTSVILLE, TEXAS
__________________________________
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________________
Terri Johnson, Interim City Secretary Leonard Schneider, City Attorney
Agenda Item # 2b Page 3
Budget Amendments FY 20-21
April 6, 2021
Exhibit
A Increase: General Fund - Police - Ammunition $ 20,000
General Fund - Unallocated Reserves $ 20,000
Explanation:
The Police Department is having a very difficult time trying to purchase
ammunition for training and defense use. There is a shortage of ammunition
nation- wide. The department has budgeted $20,500 for the 20-21 fiscal year but
has not been able to actually get needed ammunition in a timely manner. This
budget amendment adds budget to the expenditure account so that the Police
Department has funds available to purchase more ammunition in the current 20-
21 fiscal year (if they can find such) so that they can keep an additional supply in
"inventory". Keeping this inventory will provide a supply of ammunition for future
availability/use in case a shortage of ammunition available from vendors happens
again in the future.
Agenda Item #2c Page 1
Item/Subject: Consider purchase of office supplies and related items estimated to be $53,000 from
Office Depot utilizing OMNIA Partners Purchasing Cooperative with an expiration date June 30, 2024 with
options to renew through June 30, 2029.
Initiating Department/Presenter: Finance
Presenter: Steve Ritter, Director of Finance
Recommended Motion: Move to authorize the City Manager to purchase office supplies and related
items estimated to be $53,000 from Office Depot utilizing OMNIA Partners Purchasing Cooperative with
an expiration June 30, 2024 with options to renew through June 30, 2029.
Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government through
conservative fiscal practices and resource management.
Discussion: The City has purchased various office supply items from Office Depot for numerous years
under The National IPA Purchasing Cooperative. National IPA Purchasing Cooperative, The Purchasing
Cooperative Network and US Communities Cooperative joined and created a parent company, Omnia
Partners. All previous membership agreements with the City remain in force and are considered as
grandfathered. The City has taken advantage of several offers and programs available from Office Depot.
Items such as best pricing – government vs. in store sale items, employee training, no cost web-based
account activity, next day arrival on most items and free shipping for orders over $50.00. Discount pricing
is based on item and profit margin, there is not a specific across the board pricing discount. The Purchasing
Department holds periodic meetings with Office Depot to make sure the City is receiving the proper
pricing and taking advantage of offers. The Departments like both the local in store purchase program and
the on-line ordering web system. The predicted spend City wide during the next 12 months is predicted
to exceed $50,000, the amount required for Council approval. Staff recommends continuing purchasing
from Office Depot utilizing the Omnia Partners Cooperative. With an annual estimated spend to be
$53,000 annually.
Office Depot and the City are currently members in good standing with Omnia Partners. The Purchasing
Department researched both Office Depot and Omnia Partners to confirm contract is in place and active.
This is being brought to Council to gain approval to continue to purchase with Office Depot utilizing the
current Omnia Partners Purchasing Cooperative contract.
This approval does not preclude staff from purchasing office supplies from other vendors or give Office
Depot an exclusive right for office supply purchases.
Previous Council Action:
February 6, 2018 – Approval to purchase from Office Depot utilizing purchasing National IPA Purchasing Cooperative.
Financial Implications:
☒Item is budgeted: Various Departments – in Office Supplies - in the estimated amount of $53,000
Approvals: ☐City Attorney ☒Director of Finance ☒City Manager
Associated Information: Omnia Partners Award Letter
4/6/2021
Agenda Item: 2c
CITY COUNCIL AGENDA
Agenda Item #2c Page 2
Agenda Item #2c Page 3
Agenda Item 3a
Item/Subject: Consider approving the Conditional Use Permit Application for a Self-Service Storage
Facility to be expanded on property located at 20 FM 1791.
Initiating Department/Presenter: Development Services
Presenter: Planning Division Staff – Armon Irones, City Planner
Recommended Motion: Move to approve Conditional Use Permit Application # 01-2021, allowing a
Self-Service Storage Facility to be expanded on property located at 20 FM 1791 with conditions as
recommended by the Planning Commission.
Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse
economy.
Discussion: On March 4, 2021, following a public hearing, the Planning Commission voted unanimously
to recommend approval of Conditional Use Permit 01-2021 as detailed in the attached Letter of
Conditional Approval. This document places conditions on the development to mitigate possible
nuisance effects of the development on surrounding properties and on the development of one
of the primary corridors leading into the City. The applicant has agreed to the conditions
recommended by the Planning Commission.
Planning Staff did not receive any phone calls or emails from adjacent property owners about the
proposed expansion on site of a Self-Service Storage Facility at the subject location. The Planning
Commission recommended the addition of the requirement for the developer to provide some form of
screening for the two new buildings that will be on the front one-third (1/3) of the property, either by
landscaping, fencing, or screening wall. The existing 6 feet perimeter fencing can remain in place and
any additional perimeter fencing can also be 6 feet in height. In addition to the screening requirements
found in Development Code Section 4.210, no visible barbed wire, or other comparable material, will
be allowed on fencing in the 25 ft front setback or along the property line adjacent to FM 1791.
Previous Council Action: None
Financial Implications: ☒ There is no financial impact associated with this item.
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information (in Agenda Packet under Public Hearing Item #1a):
• Draft Letter of Approval
• Planning Commission Minutes March 4, 2021 Public Hearing
• Staff Discussion Form
• Vicinity map by staff
• Application and Site Plan (Supplied by Applicant)
4/6/21
Agenda Item: 3a
CITY COUNCIL AGENDA
Agenda Item #4a
Item/Subject: FIRST READING - Consider adoption of Ordinance 2021-13, suspending the rates
proposed by Centerpoint Entergy Resources Corp. d/b/a Centerpoint Energy Entex Gas Reliability
Infrastructure Program (GRIP) filing made with the City on March 4, 2021, first reading. [Leonard
Schneider, City Attorney]
Initiating Department/Presenter: City Attorney
Presenter: Leonard Schneider, City Attorney
Recommended Motion: None. The Council may wait until April 20, 2021. However, if the Council wishes
to waive the two-reading requirement: Move to temporarily suspend the rules of procedure by waiving
the two-reading requirement and to adopt Ordinance 2021-13 suspending the rates proposed by
Centerpoint Entergy Resources Corp. d/b/a Centerpoint Energy Entex Gas Reliability Infrastructure
Program (GRIP) filing made with the City on March 4, 2021.
Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government
through conservative fiscal practices and resource management.
Discussion: On March 4, 2021, CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex
and CenterPoint Energy Texas Gas ("CenterPoint" or "Company") filed a Gas Reliability Infrastructure
Program ("GRIP") adjustment factor with each of the communities in the Beaumont/East Texas Division
of the Company. The Company is authorized to make annual GRIP rate change requests pursuant the
Gas Utility Regulatory Act, TEX. UTIL. CODE§ 104.301 ("GRIP Statute"). The GRIP Statute authorizes gas
utility companies to request annual rate increases associated with year-to-year changes in incremental
investment. The changes in investment are not subject to reasonableness review in the GRIP filing.
Instead, all amounts collected under a GRIP filing are considered interim rates subject to review and
refund in the Company's next base rate proceeding.
The GRIP Statute provides that the proposed GRIP rate surcharge will become effective 60 days from
the date of the Company's filing or May 3, 2021, unless suspended by the Cities. Cities may suspend
the GRIP rate increase for an additional 45 days beyond the Company's proposed effective date of May
3, 2021 while reviewing the GRIP application. The review process of a GRJP filing is generally a
ministerial review limited to ensuring that the GRIP filing complies with the GRIP Statute .
Previous Council Action: The City for the past several years has participated to suspended the proposed
GRIP rate surcharge to allow review by the Lawton Law Firm to make sure that the Company’s filing for
the annual rate increase complies and follows the GRIP statute. This action is taken yearly.
Financial Implications:
☒Item is budgeted: account 101-210-55070 In the amount of $ 3,560; current budget
balance in the account
4/6/21
Agenda Item: 4a
CITY COUNCIL AGENDA
Agenda Item #4a
Approvals: ☒City Attorney ☒Director of Finance ☒City Manager
Associated Information:
• Ordinance 2021-13
• 2021 CP GRIP Susp. Ltr.
ORDINANCE NO. 2021-13
ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS SUSPENDING
THE RATES PROPOSED BY CENTERPOINT ENERGY RESOURCES
CORP., d/b/a CENTERPOINT ENERGY ENTEX AND CENTERPOINT
ENERGY TEXAS GAS (“CENTERPOINT” OR “COMPANY”)
COMPANY’S GAS RELIABILITY INFRASTRUCTURE PROGRAM
(“GRIP”) FILING MADE WITH THE CITY ON MARCH 4, 2021;
FINDING THAT THE MEETING COMPLIES WITH THE OPEN
MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE
DATE
WHEREAS, on or about March 4, 2021, CenterPoint Energy Resources Corp.,
d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas (“CenterPoint” or
“Company”) filed an Annual GRIP adjustment for the Beaumont/East Texas Division with
the City of Huntsville (“City”) to increase gas rates in the Beaumont/East Texas Division
Service Area pursuant to Gas Utility Regulatory Act, TEX. UTIL. CODE (“Gas Utility
Regulatory Act”) § 104.301; and
WHEREAS, the Company proposed an effective date for the proposed increase of
May 3, 2021, unless the City suspends the date for a period no longer than forty-five (45)
days; and
WHEREAS, City has exclusive original jurisdiction over the rates, operations and
services of a gas utility in areas in the municipality pursuant to Gas Utility Regulatory Act
§ 103.001; and
WHEREAS, Gas Utility Regulatory Act § 104.301 requires a streamlined process
for the recovery of the costs of incremental investment by a gas utility; and
WHEREAS, the City’s review of CenterPoint’s GRIP filing is limited to a
ministerial review of the filing for compliance with the statute; and
WHEREAS, the City finds the need to suspend the effective date of CenterPoint’s
proposed rate increase for 45 days beyond the Company’s proposed effective date until
June 17, 2021 in order to review the Company’s filing for compliance with Gas Utility
Regulatory Act § 104.301; and
WHEREAS, the reasonableness of the Company’s investment will be reviewed in
CenterPoint’s future base rate case where all costs included in CenterPoint’s GRIP filing
will be subject to refund.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF HUNTSVILLE, TEXAS, THAT:
Section 1. That the statement and findings set out in the preamble to this
ordinance are hereby in all things approved and adopted.
Section 2. The effective date of the Company’s proposed GRIP rate increase,
and the proposed tariffs related thereto, is hereby suspended until June 17, 2021.
Section 3. To the extent the City finds that the rates proposed by CenterPoint’s
filing comply with Gas Utility Regulatory Act § 104.301, then the rates will become
effective by operation of law on June 17, 2021.
Section 4. The meeting at which the ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government
Code, Chapter 551.
Section 5. This Ordinance shall become effective from and after its passage.
PASSED AND APPROVED this ________ day of ____________________, 2021.
______________________________
ATTEST:
_________________________________
Terri Johnson, Interim City Secretary
THE LAWTON LAW FIRM, P.C.
12600 Hill Coiintiy Blvd.. Suite R-275 • Austin, Texas 78738 • 512/322.0019 • Fax: 512/329-2604
March 12,2021
Via E-Mail
Mr. Richard G. Baker
City Attorney - City of Anahuac
P.O. Box 10066
Liberty, Texas 77575
Mr. Kyle Hayes
City Manager - City of Beaumont
P.O. Box 3827
Beaumont, Texas 77704
Ms. Kelly McDonald
City Manager - City of Cleveland
907 E. Houston
Cleveland, Texas 77327
Mr. Tyrone Cooper
City Attorney - City of Beaumont
P.O. Box 3827
Beaumont, Texas 77704
Mr. Paul Fukuda
City Attorney - Bridge City
260 Rachal
Post Office Box 846
Bridge City, Texas 77611
Mr. David Olson
City Attorney - City of Cleveland
Wortham Tower, Suite 600
2727 Allen Parkway
Houston, Texas 77019
Ms. Angela Smith
City Secretary - City of Cleveland
907 E. Houston
Cleveland, Texas 77327
Mr. Aron Kulhavy
City Manager - City of Huntsville
1212 Ave. M
Huntsville, Texas 77340
Mr. Leonard Schneider
City Attorney - City of Huntsville
Liles Parker PLLC
2261 Northpark Dr., Suite 445
Kingwood, TX 77339
Mr. Brandon Davis
City Attorney - City of Liberty
1517 Trinity
Liberty, Texas 77575
Mr. Tom Warner
City Manager - City of Liberty
1829 Sam Houston
Liberty, Texas 77575
Mr. Christopher Duque
City Manager - City of Nederland
P.O. Box 967
Nederland, Texas 77627
Mr. Jesse Branick
City Attorney - City of Nederland
221 Hwy. 69 South, Suite 100 (office)
Nederland, Texas 77627
Mr. Mike Kunst
City Manager - City of Orange
812 North 16"' Street
P.O. Box 520
Orange, Texas 77630
Mr. Solomon Freimuth
City Attorney - City of Silsbee
P.O. Box 186
PortNeches, Texas 77651
Mr. Richard Ferguson
City Attorney - City of Sour Lake
13201 Northwest Freeway, Suite 300
Houston, Texas 77040
Mr. Guy Goodson
City Attorney - City of Orange
GERMERPLLC
550 Fannin, Suite 400
Beaumont, Texas 77701
Mr. Rodney Price
City Attomey - City of Pine Forest
P.O. Box 310
Vidor, Texas 77670
Ms. Dee Ann Zimmerman
City Manager - City of Silsbee
105 South 3"* Street
Silsbee, Texas 77656
Mr. Jack Provost
City Manager - City of Sour Lake
625 Hwy 105 W
Sour Lake, Texas 77659
Re: CenterPoint Energy 2021 Annual GRIP Adjustment for the Beaumont/East
Texas Division
Dear Cities:
On March 4, 2021, CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex
and CenterPoint Energy Texas Gas ("CenterPoint" or "Company") filed a Gas Reliability
Infi-astructure Program ("GRIP") adjustment factor with each of your communities in the
Beaumont/East Texas Division of the Company. The Company is authorized to make annual GRIP
rate change requests pursuant to Texas law passed in 2003, Gas Utility Regulatory Act, TEX. UTIL.
Code § 104.301 ("GRIP Statute") also see Section 7.7101 of the Railroad Commission of Texas
("Commission") Gas Services Division Rules. The GRIP Statute authorizes gas utility companies
to request annual rate increases associated with year-to-year changes in incremental investment.
The changes in investment are not subject to reasonableness review in the GRIP filing. Instead all
amounts collected under a GRIP filing are considered interim rates subject to review and refund
in the Company's next base rate proceeding.
The GRIP Statute provides that the proposed GRIP rate surcharge will become effective
60 days from the date of the Company's filing or May 3, 2021, unless suspended by the Cities.
Cities may suspend the GRIP rate increase for an additional 45 days beyond the Company's
proposed effective date of May 3, 2021 while reviewing the GRIP application. Attached to this
letter is a Rate Ordinance for your consideration. This Rate Ordinance will suspend the GRIP rate
effective date until June 17, 2021. Please remember if your City wishes to suspend the
proposed rates you must take action by passing the attached Rate Ordinance prior to May
3,2021. Otherwise the Company's requested rates will go into effect on May 3, 2021.
The review process of a GRIP filing is generally a ministerial review limited to ensuring
that the GRIP filing complies with the GRIP Statute. See Atmos Energy Corp. v. Cities of Allen,
353 S.W.3d 156 (Tex. 2011).
During the suspension period any issues related to whether the GRIP filing comports with
the GRIP filing rules can be reviewed so that Cities may make a final decision on this GRIP
proposal. Please send a completed copy of the final Rate Ordinance to us cither hy fax or
email: danlawtonlawfirm@gmail.com and molly@mayhallvandervoort.com.
If there are any questions or concerns, please do not hesitate to call.
Sincerely,
Daniel J. Lawton
Agenda Item #4b
Item/Subject: Consider approving nominees for the Tax Increment Reinvestment Zone (TIRZ) Number
One Board of Directors.
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:
Don Johnson, and Barry Shoemake
Trey Wharton
Terms will expire 08/31/2022
Term will expire 08/31/2021
Previous Council Action: None
Financial Implications:
☒There is no financial impact associated with this item.
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Attachments: Advisory Boards & Commissions Questionnaire/Application
-Don H. Johnson
-Barry L. Shoemake
-Trey Wharton
4/6/2021
Agenda Item: 4b
CITY COUNCIL AGENDA