City Council Meeting Agenda Packets 10-18-20221
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
Daiquiri Beebe, Ward 1
Russell Humphrey, Mayor Pro Tem Ward 2
Deloris Massey, Ward 3
Jon Strong, Ward 4
HUNTSVILLE CITY COUNCIL AGENDA
TUESDAY, OCTOBER 18, 2022
WORKSHOP 5:00 P.M. – Large Conference Room
REGULAR SESSION 6:00 P.M. - City Council Chambers
Huntsville City Hall, 1212 Avenue M, Huntsville, Texas, 77340
Persons with disabilities who plan to attend this meeting and 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.)
DISCUSSION
a. Discuss proposed Rules of Procedures
Aron Kulhavy, City Manager
MAIN SESSION (6:00 p.m.)
CALL TO ORDER
INVOCATION AND PLEDGES - U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to
thee, Texas, one state, under God, one, and indivisible.
PROCLAMATION
a. Proclamation 2022-23 First Responders Day
Andy Brauninger, Mayor
1. CONSENT AGENDA
The presiding officer will call for public comments 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. Consider approving the Minutes from the October 4, 2022 Regular City Council meeting.
b. Consider adoption of Ordinance 2022-33 to amend the budget for FY 22-23 and/or CIP Project
budgets.
Steve Ritter, Finance Director
c. Consider authorizing the City Manager to apply for and accept, if awarded, funding under FEMA's
Building Resilient Infrastructure and Communities (BRIC) grant in the amount of $70,000 ($52,500
federal grant share, $17,500 city match share) to update the City's FEMA required Hazard Mitigation
Plan and adopting Resolution 2022-26 in support of same.
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Ashley Brown, Grants Manager
d. Consider authorizing the City Manager to apply for and accept, if awarded, funding under FEMA's
Hazard Mitigation Grant Program (HMGP) DR-4332-TX grant in the amount of $70,000 ($52,500
federal grant share, $17,500 city match share) to update the City's FEMA required Hazard Mitigation
Plan and adopting Resolution 2022-27 in support of same.
Ashley Brown, Grants Manager
e. Consider authorizing the City Manager to apply for and accept, if awarded, funding under FEMA's
Hazard Mitigation Grant Program (HMGP) FEMA-FM-5420 grant in the amount of $70,000 ($52,500
federal grant share, $17,500 city match share) to update the City's FEMA required Hazard Mitigation
Plan and adopting Resolution 2022-28 in support of same.
Ashley Brown, Grants Manager
f. Second Reading - Consider Ordinance No. 2022 - 32 Denying Entergy Texas, Inc.’s statement of
intent and application for authority to change rates filed on July 1, 2022.
Leonard Schneider, City Attorney
2. STATUTORY AGENDA
a. First Reading - Consider the adoption of ordinance 2022-30 amending the Development Code of the
City of Huntsville, Texas Article 12 “Development Review and Approval Procedure” and Article 13
"Administration".
Kevin Byal, Director of Development Services
b. First Reading - Consider the adoption of ordinance 2022-31 amending the Huntsville Code of
Ordinances, Chapter 12 “BUILDING AND BUILDING REGULATIONS”.
Kevin Byal, Director of Development Services
3. CITY COUNCIL/MAYOR/CITY MANAGER
a. First Reading - Consider adopting Ordinance 2022-34, amending the City of Huntsville City Council
Rules of Procedure.
Aron Kulhavy, City Manager
4. REQUESTS FOR CITIZEN PARTICIPATION
(An opportunity for citizens to be heard on any topic and for the City Council to participate in the
discussion. No action will be taken.)
a. Huntsville Public Library
Craig Henderson
Amanda Louie
Nick Ransford
b. Statements from City Staff
Jason January
5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
6. ITEMS OF COMMUNITY INTEREST
7. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551,
Section 551.087 for deliberation regarding economic development negotiations - project Cheers
Tammy Gann, Director of Economic Development
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8. RECONVENE
Take action on item 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, Kristy Doll, City Secretary, do hereby certify that the above notice 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: October 14, 2022
Kristy Doll
TIME OF POSTING: 10:15 a.m. Kristy Doll, City Secretary
TAKEN DOWN:
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CITY COUNCIL AGENDA
10/18/2022
Agenda Item Number: a.
Agenda Item: Discuss proposed Rules of Procedures
Initiating Department/Presenter: City Manager
Presenter:
Aron Kulhavy, City Manager
Recommended Motion: Not applicable
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: Not applicable
Previous Council Action:
Financial Implications:
Approvals:
Kristy Doll
Associated Information:
Page 4 of 44
CITY COUNCIL AGENDA
10/18/2022
Agenda Item Number: a.
Agenda Item: Proclamation 2022-23 First Responders Day
Initiating Department/Presenter: City Council
Presenter:
Andy Brauninger, Mayor
Recommended Motion: Non applicable
Strategic Initiative:
Discussion:
Previous Council Action:
Financial Implications:
Approvals:
Kristy Doll
Associated Information:
Page 5 of 44
CITY COUNCIL AGENDA
10/18/2022
Agenda Item Number: 1.a.
Agenda Item: Consider approving the Minutes from the October 4, 2022 Regular City Council meeting.
Initiating Department/Presenter: City Secretary
Presenter:
Recommended Motion: Motion to approve the Minutes from the October 4, 2022 Regular City Council
meeting.
Strategic Initiative:
Discussion:
Previous Council Action:
Financial Implications:
Approvals:
Kristy Doll
Associated Information:
1. Meeting Minutes October 4, 2022
Page 6 of 44
1
MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD
ON THE 4th DAY OF OCTOBER 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: Mayor Brauninger, Mayor Pro Tem Humphrey,
Councilmember Ward 1 Beebe, Councilmember At-Large Position 1 Lyle, Councilmember At-
Large Position 2 Mullins, Councilmember Ward 3 Massey, Councilmember At-Large Position 3
McKenzie, Councilmember Ward 4 Strong, Councilmember At-Large Position 4 Graham
COUNCILMEMBERS ABSENT: None
OFFICERS PRESENT: Aron Kulhavy, City Manager; Kristy Doll, City Secretary; Leonard
Schneider, City Attorney
MAIN SESSION
CALL TO ORDER
Mayor Brauninger called the meeting to order at 6:00 p.m.
INVOCATION AND PLEDGES.
Councilmember Lyle gave the invocation, and Mayor Brauninger led the pledges.
PROCLAMATION
a. Proclamation No. 2022-22 - National Chiropractic Health Month
Andy Brauninger, Mayor
Dr. Greg Peter accepted the Proclamation for National Chiropractic Health Month.
PRESENTATION
a. Recognition of Volunteers who participated in the community build at Eastham-
Thomason Park
Andy Brauninger, Mayor
1. CONSENT AGENDA
The presiding officer will call for public comments 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
the Council.)
a. Consider approving the Minutes from the September 20, 2022, Regular City
Council Meeting.
Kristy Doll, City Secretary
b. Consider approval of continued phone and data services with AT&T through the
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State of Texas Department of Information Resources (DIR) contract.
Bill Wavra, IT Director
c. Consider approval of continued annual maintenance with Tyler Technologies for
Finance, Public Safety, Utility Billing, and Municipal Court software.
Bill Wavra, IT Director
d. Consider approval of continued phone and data services with Verizon Wireless
through the State of Texas Department of Information Resources (DIR) contract.
Bill Wavra, IT Director
e. Consider approval of continued annual maintenance with Onix Networking Corp.
for Google Workspace.
Bill Wavra, IT Director
f. Consider approval of the purchase of hardware and services to replace the City's
disaster recovery data servers, storage, and network infrastructure.
Bill Wavra, IT Director
g. Consider approval of the annual purchase of PCs due for replacement as per the
FY 22/23 computer replacement schedule.
Bill Wavra, IT Director
h. Consider approval of continued annual maintenance with CivicPlus for City
Website, HR, City Secretary, and Development Services software.
Bill Wavra, IT Director
i. Consider authorizing the City Manager to approve the HGACBUY Contract,
#RH08-20 pricing for the purchase of Solid Waste Refuse Commercial Collection
Containers.
Brent Sherrod, Public Works Director
j. Consider authorizing the City Manager to approve the Additional Services for
Engineering for the IH- 45 Segment 2A Widening and Utility Relocation with
Betterment Project (Water Fund 701, Wastewater Fund 702) – Project 18-03-01.
Kathlie Jeng-Bulloch, City Engineer
k. Consider authorizing the City Manager to enter into an agreement with Gunda
Corporation for the Engineering Service Agreement Amendment for FY 20/21
Sanitary Sewer Project, Project # 21-10-06 – MLK Jr. Blvd.
Kathlie Jeng-Bulloch, City Engineer
l. Consider authorizing the City Manager to enter into an agreement with LJA
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Engineering for professional engineering services for the FY 22-23 University
Storm Sewer Replacement Project and the City of Huntsville Engineering Criteria
Chapter 6 update.
Kathlie Jeng-Bulloch, City Engineer
m. Consider authorizing the Mayor to abandon, release and quitclaim certain
easements situated on property of the Huntsville Independent School District.
Kathlie Jeng-Bulloch, City Engineer
n. Consider adopting Resolution 2022-25 designating The Huntsville Item as the
official newspaper for the City of Huntsville for the Fiscal Year 2022-2023
Kristy Doll, City Secretary
o. Second Reading - Consider the adoption of Ordinance 2022-27, renaming a segment
of Avenue O to "Linda Pease Street".
Armon Irones, City Planner
p. Second Reading - Consider the adoption of Ordinance 2022-28, renaming a segment
of 12th Street to "James Patton Street."
Armon Irones, City Planner
Councilmember Daiquiri Beebe made a motion to approve the Consent Agenda items. The
motion was seconded by Councilmember Pat Graham. The motion passed 9-0. Yes - Andy
Brauninger, Russell Humphrey, Daiquiri Beebe, Vicki McKenzie, Deloris Massey, Jon
Strong, Pat Graham, Bert Lyle, Deandra (Dee) Mullins; No – None.
2. STATUTORY AGENDA
a. First Reading - Consider authorizing the City Manager to enter into an interlocal
agreement with Walker County to allocate American Rescue Plan Act funds for
improvements to the Walker County Public Safety Central Communications.
Aron Kulhavy, City Manager
Councilmember Russell Humphrey made a motion to waive the two reading requirements of
the Rules of Procedure and authorize the City Manager to enter into an interlocal agreement
with Walker County to allocate American Rescue Plan Act Funds for improvements to the
Walker County Public Safety Central Communications. The motion was seconded by
Councilmember Pat Graham. The motion passed 9-0. Yes - Andy Brauninger, Russell
Humphrey, Daiquiri Beebe, Vicki McKenzie, Deloris Massey, Jon Strong, Pat Graham, Bert
Lyle, Deandra (Dee) Mullins; No – None
b. First Reading - Consider Ordinance No. 2022 - 32 Denying Entergy Texas, Inc.'s
statement of intent and application for authority to change rates filed on July 1,
2022.
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Leonard Schneider, City Attorney
Steve Ritter, Finance Director
First reading - No action necessary
3. CITY COUNCIL/MAYOR/CITY MANAGER
a. Consider directing the City Manager to prepare an ordinance changing certain
parking zones in the downtown district from "two-hour" parking to "three-hour"
parking.
Aron Kulhavy, City Manager
Councilmember Lyle excused himself from the Council Chambers due to a conflict of
interest.
Aron Kulhavy, City Manager, stated that he requested the Item on the Agenda at the request
of Councilmember Lyle.
Councilmember Jon Strong made a motion to direct the City Manager to prepare an ordinance
changing certain parking zones in the downtown district from "two-hour" parking to "three-
hour" parking. The motion was seconded by Councilmember Vicki McKenzie.
Mayor Brauninger opened the floor for public discussion for citizens that turned in Public
Comment Cards to include; Brandi Flowers, Michelle Millie (was not present), Anthony
Killingsworth, Justin Killingsworth, Elizabeth Flour.
Councilmember McKenzie made a motion to amend the motion to delay consideration until
the Main Street Advisory Board meets to give advice to Council on parking zones in the
downtown district. The amended motion was seconded by Councilmember Pat Graham. The
amended motion passed 9-0. Yes - Andy Brauninger, Russell Humphrey, Daiquiri Beebe,
Vicki McKenzie, Deloris Massey, Jon Strong, Pat Graham, Bert Lyle, Deandra (Dee)
Mullins; No – 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.)
a. Citizens requesting to speak about the Huntsville Public Library.
Speakers on the Agenda speaking about the Public Library included Christopher Randle.
Speakers requesting to speak on the Public Library by Public Comment Card included;
Don Gibeaut, Caleb Jackson, Amanda Louie (was not present), Sibyl Bucheli, Phillip
Wadley, Kaylea Haas, Nia Williams, Charity Stewart, Georgie Berry, Michelle Koenig,
Lee Lyons, Jeff Gardner, Lauren Lyons, Tore Fossum, Steven Kother, Erin Owens.
b. Jason January - Speaking on the spending of taxpayer money
Mr. January was not present to speak.
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5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
None
6. ITEMS OF COMMUNITY INTEREST
Mayor and Council announced items of community interest.
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 on Library Policies and
Employee Handbook for the City of Huntsville.
Leonard Schneider, City Attorney
Council convened into Executive Session at 7:57 p.m.
8. RECONVENE
Council reconvened from Executive Session into Open Session at 9:16 p.m.
ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 9:16 p.m.
ATTEST: CITY OF HUNTSVILLE
__________________________ ________________________________
Kristy Doll, City Secretary Andy Brauninger, Mayor
Page 11 of 44
CITY COUNCIL AGENDA
10/18/2022
Agenda Item Number: 1.b.
Agenda Item: Consider adoption of Ordinance 2022-33 to amend the budget for FY 22-23 and/or CIP
Project budgets.
Initiating Department/Presenter: Finance
Presenter:
Steve Ritter, Finance Director
Recommended Motion: Move to adopt Ordinance 2022-33 to amend the budget for FY 22-23 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 explanations for the Budget Amendments are provided in the attachment, Exhibit
A, to the Ordinance. All budget amendments except the last one for $12,906 are for "rolling over"
budgeted purchases in FY 21-22 to FY 22-23 that were unable to be completed due to current supply
shortage conditions world wide. The budget amendment for $12,906 relates to the City being awarded
the FY 22-23 JAG Grant (a grant for the Police Department). The Budget Amendments were discussed
with the Finance Committee at their October 4, 2022 meeting.
Previous Council Action: No previous Council action for these budget amendments. Council did
approve the FY 22-23 budget at their September 20, 2022 meeting.
Financial Implications: See the attached Ordinance and related Budget Amendment (Exhibit A)
Approvals:
Steve Ritter
Aron Kulhavy
Kristy Doll
Associated Information:
1. ORDINANCE 2022-33 - Budget Amendments 10.18.22 council meeting
2. Budget Amendment 10.18.22 CC mtg
Page 12 of 44
ORDINANCE NO. 2022-33
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE 2022-
2023 ANNUAL BUDGET AND CAPITAL IMPROVEMENTS PROJECTS (CIP)
BUDGETS, ORDINANCE NO. 2022-24 TO AMEND ADOPTED EXPENDITURES OF
THE BUDGET; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the 2022-2023 Annual Budget and CIP Budgets were adopted by Ordinance 2022-24 on
September 20, 2022;
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 2022 – 2023 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 2022 – 2023 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 2022 – 2023 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 18th day of October 2022.
THE CITY OF HUNTSVILLE, TEXAS
__________________________________
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
Page 13 of 44
Budget Amendments FY 22-23
City Council - October 18 , 2022
Exhibit A
Increase:General Fund - City Council -ARP funding for Non Profits 100,000$
Increase:General Fund - Streets - Street Maintenance 827,794$
Increase:General Fund - Police - ARP funds for Walker Cnty Pub Safety Central Comms 500,000$
Increase:General Fund - Police - Vehicle Equipment 3,661$
Increase:General Fund - Fire - Vehicle Equipment 743,715$
Increase:General Fund - IT - Security and Hardware Supplies/Equipment 2,560$
Increase:General Fund - Engineering -Purchase Services 16,979$
General Fund -Unallocated Reserves is source of funds 2,194,709.00$
Explanation:
Increase:Utility Fund - Water / Wastewater - Purchase Services -Rate Study 58,902$
Increase:Utility Fund - Wastewater Collection - Infrastructure repairs 7,269$
Increase:Utility Fund - Drainage Maintenance - Infrastructure repairs 24,600$
Utility Fund -Unallocated Reserves is source of funds 90,771$
Explanation:
Increase:Solid Waste Fund - Residential Collection - Veh & Equip repairs and maint.2,424$
Solid Waste Fund -Unallocated Reserves is source of funds 2,424$
Explanation:
Increase:Hotel/Motel Special Fund- Purchase Services 3,000$
Hotel/Motel Special Revenue Fund - Fund Balance is source of funds 3,000$
Explanation:
Increase:Capital Equipment Fund - Vehicle purchases 586,874$
Capital Equipment Fund - Fund Balance is source of funds 586,874$
Explanation:
Increase:Grant Revenue - Police Grants SRF 12,906$
Increase:Police Grants SRF - Grant Expenditures 12,906$
Explanation:
.
The City was awarded a FY 22-23 JAG Grant (Council approved a resolution on July 19, 2022 authorizing the
application). The City and County will split the $12,906 amount with each entity receiving $6,453. This Budget
Amendment puts in place the budget for FY 22 - 23 to expend the grant funds. The City will be responsible for
administration of the grant.
COVID-19 has created supply shortages for all kinds of manufactured goods world wide and created a shortage in
labor supply. These supply shortages have affected various Departments in the City in their ability to purchase
items budgeted for purchase in the 21-22 fiscal year. In that these budget purchases were not able to be made in
FY 21-22 the unused expenditure amounts create additional Unallocated Reserves/Fund Balance for Funds. Thus,
the source of funds/monies for "rolling" these budget/purchase requests is Unallocated Reserves/Fund Balance of
applicable Funds (General Fund, Utility Fund, Solid Waste Fund, Equipment Replacement Fund, etc.)
COVID-19 has created supply shortages for all kinds of manufactured goods world wide and created a shortage in
labor supply. These supply shortages have affected various Departments in the City in their ability to purchase
items budgeted for purchase in the 21-22 fiscal year. In that these budget purchases were not able to be made in
FY 21-22 the unused expenditure amounts create additional Unallocated Reserves/Fund Balance for Funds. Thus,
the source of funds/monies for "rolling" these budget/purchase requests is Unallocated Reserves/Fund Balance of
applicable Funds (General Fund, Utility Fund, Solid Waste Fund, Equipment Replacement Fund, etc.)
COVID-19 has created supply shortages for all kinds of manufactured goods world wide and created a shortage in
labor supply. These supply shortages have affected various Departments in the City in their ability to purchase
items budgeted for purchase in the 21-22 fiscal year. In that these budget purchases were not able to be made in
FY 21-22 the unused expenditure amounts create additional Unallocated Reserves/Fund Balance for Funds. Thus,
the source of funds/monies for "rolling" these budget/purchase requests is Unallocated Reserves/Fund Balance of
applicable Funds (General Fund, Utility Fund, Solid Waste Fund, Equipment Replacement Fund, etc.)
COVID-19 has created supply shortages for all kinds of manufactured goods world wide and created a shortage in
labor supply. These supply shortages have affected various Departments in the City in their ability to purchase
items budgeted for purchase in the 21-22 fiscal year. In that these budget purchases were not able to be made in
FY 21-22 the unused expenditure amounts create additional Unallocated Reserves/Fund Balance for Funds. Thus,
the source of funds/monies for "rolling" these budget/purchase requests is Unallocated Reserves/Fund Balance of
applicable Funds (General Fund, Utility Fund, Solid Waste Fund, Equipment Replacement Fund, etc.)
COVID-19 has created supply shortages for all kinds of manufactured goods world wide and created a shortage in
labor supply. These supply shortages have affected various Departments in the City in their ability to purchase
items budgeted for purchase in the 21-22 fiscal year. In that these budget purchases were not able to be made in
FY 21-22 the unused expenditure amounts create additional Unallocated Reserves/Fund Balance for Funds. Thus,
the source of funds/monies for "rolling" these budget/purchase requests is Unallocated Reserves/Fund Balance of
applicable Funds (General Fund, Utility Fund, Solid Waste Fund, Equipment Replacement Fund, etc.)
Page 14 of 44
CITY COUNCIL AGENDA
10/18/2022
Agenda Item Number: 1.c.
Agenda Item: Consider authorizing the City Manager to apply for and accept, if awarded, funding under
FEMA's Building Resilient Infrastructure and Communities (BRIC) grant in the amount of $70,000
($52,500 federal grant share, $17,500 city match share) to update the City's FEMA required Hazard
Mitigation Plan and adopting Resolution 2022-26 in support of same.
Initiating Department/Presenter: Finance
Presenter:
Ashley Brown, Grants Manager
Recommended Motion: Move to authorize the City Manager to apply for and accept, if awarded,
funding under FEMA's Building Resilient Infrastructure and Communities (BRIC) grant in the amount of
$70,000 ($52,500 federal grant share, $17,500 city match share) to update the City's FEMA required
Hazard Mitigation Plan and adopting Resolution 2022-26.
Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens.
Discussion: The City's current Hazard Mitigation Plan is scheduled to expire on June 5, 2023. Mitigation
plans must be reviewed and updated every five years and formally adopted by each participating
jurisdiction’s governing body as part of receiving FEMA approval. A FEMA-approved Hazard Mitigation
Plan is required for the City to be eligible to receive any reimbursements or grants during or after a
disaster event. But even more important is that this is a guide for the City when a disaster is occurring; it
includes the steps that the City will follow before, during, and after a disaster. Additionally, it identifies
important projects that the City feels is necessary to mitigate disasters from happening and reduce or
prevent damage during a natural disaster.
This agenda item is a request to apply for funding under FEMA's Building Resilient Infrastructure and
Communities (BRIC) grant in the amount of $70,000 ($52,500 federal grant share, $17,500 city match
share) to update the City's FEMA required Hazard Mitigation Plan. The City will apply for three distinct
grants that allow funding for this type of project. However, if the City is awarded one of the grants, it
would withdraw its applications from consideration for the other grants, or reject acceptance if more
than one award is offered at the same time. The City would not be allowed to accept more than one
grant for the same project.
The funding would be used to hire a consultant to gather the information from the community, update
our existing plan to include current and future needs according to FEMA guidelines, and submit all the
necessary documents to result the plan's approval through FEMA.
Page 15 of 44
Previous Council Action: No previous action has been taken.
Financial Implications: If the grant is awarded, Staff will bring a Budget Amendment to Council for
approval at the appropriate time.
Approvals:
Steve Ritter
Aron Kulhavy
Kristy Doll
Associated Information:
1. FY23 BRIC Resolution 2022-26
Page 16 of 44
RESOLUTION NO. 2022-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE FY 2022 BUILDING
RESILIENT INFRASTRUCTURE AND COMMUNITIES (BRIC) GRANT TO UPDATE THE
CITY’S HAZARD MITIGATION PLAN; 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 GRANT PROGRAM.
WHEREAS The City desires to develop a safe community for all citizens; and
WHEREAS It is necessary and in the best interest of the City to apply for funding under the FY 2022
Building Resilient Infrastructure And Communities (BRIC) Grant 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 under the Building Resilient Infrastructure and Communities
(BRIC) Grant Program.
SECTION 2: The application will be for $70,000, of which $52,500 will be in grant funds, to contract a
consultant to complete a five-year update to the City’s FEMA approved Hazard Mitigation
Plan.
SECTION 3: The City agrees to provide matching funds of $17,500 in the form of in-kind and/or cash
match for a total match of 25%.
SECTION 4: The Mayor and City Council strongly support this application to address the safety and
well-being needs of the Community and to address the pre-disaster mitigation planning for
our City.
SECTION 5: 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 FY 2022 Building Resilient Infrastructure
and Communities (BRIC) Grant Program.
PASSED AND APPROVED this 18th day of October, 2022.
THE CITY OF HUNTSVILLE
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _______________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
Page 17 of 44
CITY COUNCIL AGENDA
10/18/2022
Agenda Item Number: 1.d.
Agenda Item: Consider authorizing the City Manager to apply for and accept, if awarded, funding under
FEMA's Hazard Mitigation Grant Program (HMGP) DR-4332-TX grant in the amount of $70,000 ($52,500
federal grant share, $17,500 city match share) to update the City's FEMA required Hazard Mitigation
Plan and adopting Resolution 2022-27 in support of same.
Initiating Department/Presenter: Finance
Presenter:
Ashley Brown, Grants Manager
Recommended Motion: Move to authorize the City Manager to apply for and accept, if awarded,
funding under FEMA's Hazard Mitigation Grant Program (HMGP) DR-4332-TX grant in the amount
of $70,000 ($52,500 federal grant share, $17,500 city match share) to update the City's FEMA required
Hazard Mitigation Plan and adopting Resolution 2022-27.
Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens.
Discussion: The City's current Hazard Mitigation Plan is scheduled to expire on June 5, 2023. Mitigation
plans must be reviewed and updated every five years and formally adopted by each participating
jurisdiction’s governing body as part of receiving FEMA approval. A FEMA-approved Hazard Mitigation
Plan is required for the City to be eligible to receive any reimbursements or grants during or after a
disaster event. But even more important is that this is a guide for the City when a disaster is occurring; it
includes the steps that the City will follow before, during, and after a disaster. Additionally, it identifies
important projects that the City feels is necessary to mitigate disasters from happening and reduce or
prevent damage during a natural disaster.
This agenda item is a request to apply for funding under FEMA's Hazard Mitigation Grant Program
(HMGP) DR-4332-TX grant in the amount of $70,000 ($52,500 federal grant share, $17,500 city match
share) to update the City's FEMA required Hazard Mitigation Plan. The City will apply for three distinct
grants that allow funding for this type of project. However, if the City is awarded one of the grants, it
would withdraw its applications from consideration for the other grants, or reject acceptance if more
than one award is offered at the same time. The City would not be allowed to accept more than one
grant for the same project.
The funding would be used to hire a consultant to gather the information from the community, update
our existing plan to include current and future needs according to FEMA guidelines, and submit all the
necessary documents to result the plan's approval through FEMA.
Page 18 of 44
Previous Council Action: No previous action has been taken.
Financial Implications: If the grant is awarded, Staff will bring a Budget Amendment to Council for
approval at the appropriate time.
Approvals:
Steve Ritter
Aron Kulhavy
Kristy Doll
Associated Information:
1. FY23 HMGP - 4332 Resolution 2022-27
Page 19 of 44
RESOLUTION NO. 2022-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE HAZARD MITIGATION
GRANT PROGRAM (HMGP) DR-4332-TX GRANT TO UPDATE THE CITY’S HAZARD
MITIGATION PLAN; 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 GRANT PROGRAM.
WHEREAS The City desires to develop a safe community for all citizens; and
WHEREAS It is necessary and in the best interest of the City to apply for funding under FEMA's Hazard
Mitigation Grant Program (HMGP) DR-4332-TX.
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 under FEMA's Hazard Mitigation Grant Program (HMGP)
DR-4332-TX.
SECTION 2: The application will be for $70,000, of which $52,500 will be in grant funds, to contract a
consultant to complete a five-year update to the City’s FEMA approved Hazard Mitigation
Plan.
SECTION 3: The City agrees to provide matching funds of $17,500 in the form of in-kind and/or cash
match for a total match of 25%.
SECTION 4: The Mayor and City Council strongly support this application to address the safety and
well-being needs of the Community and to address the pre-disaster mitigation planning for
our City.
SECTION 5: 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 FEMA's Hazard Mitigation Grant Program
(HMGP) DR-4332-TX.
PASSED AND APPROVED this 18th day of October, 2022.
THE CITY OF HUNTSVILLE
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _______________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
Page 20 of 44
CITY COUNCIL AGENDA
10/18/2022
Agenda Item Number: 1.e.
Agenda Item: Consider authorizing the City Manager to apply for and accept, if awarded, funding under
FEMA's Hazard Mitigation Grant Program (HMGP) FEMA-FM-5420 grant in the amount of $70,000
($52,500 federal grant share, $17,500 city match share) to update the City's FEMA required Hazard
Mitigation Plan and adopting Resolution 2022-28 in support of same.
Initiating Department/Presenter: Finance
Presenter:
Ashley Brown, Grants Manager
Recommended Motion: Move to authorize the City Manager to apply for and accept, if awarded,
funding under FEMA's Hazard Mitigation Grant Program (HMGP) FEMA-FM-5420 grant in the amount
of $70,000 ($52,500 federal grant share, $17,500 city match share) to update the City's FEMA required
Hazard Mitigation Plan and adopting Resolution 2022-28.
Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens.
Discussion: The City's current Hazard Mitigation Plan is scheduled to expire on June 5, 2023. Mitigation
plans must be reviewed and updated every five years and formally adopted by each participating
jurisdiction’s governing body as part of receiving FEMA approval. A FEMA-approved Hazard Mitigation
Plan is required for the City to be eligible to receive any reimbursements or grants during or after a
disaster event. But even more important is that this is a guide for the City when a disaster is occurring; it
includes the steps that the City will follow before, during, and after a disaster. Additionally, it identifies
important projects that the City feels is necessary to mitigate disasters from happening and reduce or
prevent damage during a natural disaster.
This agenda item is a request to apply for funding under FEMA's Hazard Mitigation Grant Program
(HMGP) FEMA-FM-5420 grant in the amount of $70,000 ($52,500 federal grant share, $17,500 city
match share) to update the City's FEMA required Hazard Mitigation Plan. The City will apply for three
distinct grants that allow funding for this type of project. However, if the City is awarded one of the
grants, it would withdraw its applications from consideration for the other grants, or reject acceptance if
more than one award is offered at the same time. The City would not be allowed to accept more than
one grant for the same project.
The funding would be used to hire a consultant to gather the information from the community, update
our existing plan to include current and future needs according to FEMA guidelines, and submit all the
necessary documents to result the plan's approval through FEMA.
Page 21 of 44
Previous Council Action: No previous action has been taken.
Financial Implications: If the grant is awarded, Staff will bring a Budget Amendment to Council for
approval at the appropriate time.
Approvals:
Steve Ritter
Aron Kulhavy
Kristy Doll
Associated Information:
1. FY23 HMGP - 5420 Resolution 2022-28
Page 22 of 44
RESOLUTION NO. 2022-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE HAZARD MITIGATION
GRANT PROGRAM (HMGP) FEMA-FM-5420 GRANT TO UPDATE THE CITY’S HAZARD
MITIGATION PLAN; 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 GRANT PROGRAM.
WHEREAS The City desires to develop a safe community for all citizens; and
WHEREAS It is necessary and in the best interest of the City to apply for funding under FEMA's Hazard
Mitigation Grant Program (HMGP) FEMA-FM-5420.
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 under FEMA's Hazard Mitigation Grant Program (HMGP)
FEMA-FM-5420.
SECTION 2: The application will be for $70,000, of which $52,500 will be in grant funds, to contract a
consultant to complete a five-year update to the City’s FEMA approved Hazard Mitigation
Plan.
SECTION 3: The City agrees to provide matching funds of $17,500 in the form of in-kind and/or cash
match for a total match of 25%.
SECTION 4: The Mayor and City Council strongly support this application to address the safety and
well-being needs of the Community and to address the pre-disaster mitigation planning for
our City.
SECTION 5: 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 FEMA's Hazard Mitigation Grant Program
(HMGP) FEMA-FM-5420.
PASSED AND APPROVED this 18th day of October, 2022.
THE CITY OF HUNTSVILLE
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _______________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
Page 23 of 44
CITY COUNCIL AGENDA
10/18/2022
Agenda Item Number: 1.f.
Agenda Item: Second Reading - Consider Ordinance No. 2022 - 32 Denying Entergy Texas, Inc.’s
statement of intent and application for authority to change rates filed on July 1, 2022.
Initiating Department/Presenter: City Attorney
Presenter:
Leonard Schneider, City Attorney
Recommended Motion: Moe to adopt Ordinance No. 2022-32- Denying Entergy Texas, Inc.’s Statement
of Intent and Application for Authority to Change Rates filed on July 1, 2022.
Strategic Initiative: Goal #6, Finance - Provide a sustainable, efficient and fiscally sound government
through conservative fiscal practices and resource management.
Discussion: On or about July 1, 2022, Entergy Texas, Inc. (“ETI” or “Company”) filed a Statement of
Intent and Application for Authority to Change Rates (Application”). ETI’s rate increase proposal
included an effective date of August 5, 2022, for the proposed rate increase to customers. Each of the
Cities of the Steering Committee took action to suspend the Company’s proposed effective date for an
additional 90 days until November 3, 2022. Now, the Cities must take final rate action prior to
November 3, 2022. Based on the findings of the expert rate consultants retained to review ETI’s rate
request, it is recommended that the City pass the attached rate ordinance to deny ETI’s Application to
Change Rates.
The ETI requested net rate change, over and above what customers are currently paying, is an annual
increase of about $131,397.612.00 (131 million and change). If approved, the average monthly increase
for a residential customer using 1000sWh per month would be approximately $13.50. The current
review shows the requested rate increase should be reduced by $80 million and possibly an additional
25-40 million, which would reduce the 131 million net rate increase and reduce the monthly average
increase for residential customers.
Previous Council Action: None
Financial Implications: None at this time
Approvals:
Aron Kulhavy
Kristy Doll
Page 24 of 44
Associated Information:
1. ORDINANCE NO 2022-29
Page 25 of 44
ORDINANCE NO. 2022-29
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
(or “City”) DECLINING TO APPROVE THE CHANGE IN RATES REQUESTED IN
ENTERGY TEXAS, INC.’S (“ETI” OR “COMPANY”) STATEMENT OF INTENT FILED
WITH THE CITY ON AUGUST 31, 2022, AND FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE WAS CONSIDERED WAS OPEN TO
THE PUBLIC AND IN ACCORDANCE WITH TEXAS LAW.
WHEREAS, ETI notified the City of its intent to file a statement of intent to offer a new
optional rate related to back-up electric service for commercial and industrial
customers;
WHEREAS, ETI filed with the City its Statement of Intent for Rate Schedule UODG
(“Statement of Intent”);
WHEREAS, The City has duly noticed its consideration of the Company’s Statement of
Intent and is acting within its authority under applicable law;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF HUNTSVILLE,
TEXAS THAT the City DECLINES to approve any and all changes in rates requested by ETI
and included in ETI’s Statement of Intent and that ETI’s proposed new rate should not be made
effective.
PASSED AND APPROVED ON THE SECOND READING THIS_______ day of
________, 2022.
THE CITY OF HUNTSVILLE
__________________________________
Andy Brauninger, Mayor
ATTEST:
________________________________
Kristy Doll, City Secretary
Page 26 of 44
APPROVED:
_______________________________
Leonard Schneider, City Attorney
Page 27 of 44
CITY COUNCIL AGENDA
10/18/2022
Agenda Item Number: 2.a.
Agenda Item: First Reading - Consider the adoption of ordinance 2022-30 amending the Development
Code of the City of Huntsville, Texas Article 12 “Development Review and Approval Procedure” and
Article 13 "Administration".
Initiating Department/Presenter: Development Services
Presenter:
Kevin Byal, Director of Development Services
Recommended Motion: 1st Reading - No action necessary.
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: The City of Huntsville Development Code, Articles 12 and 13, specifies the creation and
responsibilities of the Board of Adjustment (BOA). Therein, the board is authorized to hear and decide
appeals where it is alleged there has been an error in any order, requirement, decision, or
determination made by the City Planner or any other administrative official in the administration,
interpretation or enforcement of the Development Code. Additionally, the BOA may consider variance
requests for certain Development Code standards.
A similar separate board, the Board of Adjustments and Appeals (BOAA), is created in the International
Building Code to hear and consider assertions that there has been an error in any order, requirement,
decision, or determination made by the Building Official or any other administrative official in the
administration, interpretation, or enforcement of the International Codes.
The BOA meets on an as-needed-basis and averages 4 to 5 meetings per year to execute their duties.
The BOAA also meets on an as-needed-basis but has only met twice in the last five years. For efficiency,
staff believe that it is reasonable to consolidate the duties of both boards and assign them to the BOA
and retire the BOAA.
This item was presented for consideration and recommendation at the September 15, 2022 Planning
Commission meeting. The Planning Commission voted unanimously to recommend this change.
Approval of this ordinance will consolidate the duties of these boards and place them with the BOA. A
separate ordinance for consideration will amend the building code to eliminate the BOAA.
Previous Council Action: None
Financial Implications: None
Page 28 of 44
Approvals:
Aron Kulhavy
Kristy Doll
Associated Information:
1. Ord. 2022-30 amending Dev Code Art. 12&13
2. DevCode Exhibit A
Page 29 of 44
ORDINANCE NO. 2022-30
AN ORDINANCE OF THE CITY OF HUNTSVILLE AMENDING CHAPTER 24 LAND
DEVELOPMENT OF THE HUNTSVILLE, TEXAS CODE OF ORDINANCES BY
ADOPTING REVISIONS TO THE DEVELOPMENT CODE OF THE CITY OF
HUNTSVILLE, TEXAS; REQUIRING THE PUBLICATION OF THIS ORDINANCE;
PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; PROVIDING FOR A PENALTY; MAKING
OTHER PROVISIONS AND FINDINGS THERETO; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Development Code of City of Huntsville, Texas Article 12 “Development
Review and Approval Procedure” establish review and approval procedures for the purpose of
implementing the standards therein; and executing the policies and goals contained in the City of
Huntsville’s Comprehensive Plan and other adopted plans of the City:
WHEREAS, the Development Code of City of Huntsville, Texas Article 13 “Administration”
establish administrative roles and responsibility for the purpose of assigning decision-making
responsibility for the implementation and administration of the Development Code for the
purpose of protecting and promoting the public health, safety and general welfare: and
WHEREAS, the Planning Commission reviewed and recommended adopting the updates to the
City of Huntsville Development Code; and
WHEREAS, the City Council held a public hearing at their meeting on October 18, 2022, prior to
consideration of amending the Ordinance:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, COUNTY OF WALKER, STATE OF TEXAS:
SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be
true and correct and are hereby adopted, ratified, and confirmed.
SECTION 2: The City of Huntsville Development Code Section 12.1001 Authority, Section
13.302 Operation and Section 13.303 Responsibility shall be amended as shown in Exhibit A
attached hereto and incorporated herein.
SECTION 3:All ordinances or parts of Ordinances that are in conflict or inconsistent with the
provisions of this Ordinance shall be, and the same 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 paragraph, sentence, clause, phrase or section of this Ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of
this Ordinance as a whole or any part or provision thereof, other than the part so declared to be
invalid, illegal or unconstitutional.
Page 30 of 44
SECTION 5:This Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Article 4.14 of the Charter of the City of Huntsville, Texas.
SECTION 6: It is hereby officially found and determined that the meeting at which this Ordinance
was passed was open to the public and that public notice of the time, place and purpose of said
meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government
Code. Notice was also provided as required by Chapter 1 of the Development Code of the City of
Huntsville, Texas.
PASSED AND APPROVED on this the _______ day of _____________________, _________
THE CITY OF HUNTSVILLE, TEXAS
_________________________________
Andy Brauninger, Mayor
ATTEST:
_____________________________
Kristy Doll, City Secretary
APPROVED AS TO FORM:
_____________________________
Leonard Schneider, City Attorney
Page 31 of 44
Page 1
Exhibit A
ATICLE 12 DEVELOPMENT AND APPROVAL PROCEDDURES
12.1000 APPEALS OF ADMINISTRATIVE DECISIONS
12.1001 Authority
The Board of Adjustment is authorized to hear and decide appeals
where it is alleged there has been an error in any order, requirement,
decision or determination made by the City Planner or any other
administrative official in the administration, interpretation or
enforcement of this Development Code.
The Board of Adjustment is authorized to hear and decide appeals
where it is alleged there has been an error in any order, requirement,
decision or determination made by the Building Official or any other
administrative official in the administration, interpretation or
enforcement of the City of Huntsville Code of Ordinance.
ARTICLE 13 ADMINISTRATION
13.300 BOARD OF ADJUSTMENT
13.302 Operation
13.302.A The Board of Adjustment must conduct meetings, take action and
operate in accordance with its adopted by-laws, this Development Code, the
adopted International Codes and state law.
13.302.B The Board of Adjustment must elect a chairperson and vice-chairperson
annually, at the first regularly scheduled meeting after appointments are made.
13.302.C The City Planner or the Building Official serves as ex officio (non-voting)
secretary of the Board of Adjustment, with responsibility for keeping minutes,
books, files and other records of the Board of Adjustment and performing other
duties as are incidental to the position.
13.302.D A quorum, consisting of at least 4 members of the Board of Adjustment,
must be present in order to conduct official business.
13.303 Responsibilities
The Board of Adjustment is responsible for carrying out those specific review and
decision-making duties assigned by this Development Code as well as appeals by
any person aggrieved or affected by any decision of the building official, including
conducting public hearings and making final decisions on:
13.303.A Variances (see Sec. 12.900); and
13.303.B Appeals of administrative decisions (see Sec. 12.1000); and.
13.303.C Appeals of administrative decisions of the Building Official (see Section
12-20 (7) of the City of Huntsville Code of Ordinance.
Page 32 of 44
CITY COUNCIL AGENDA
10/18/2022
Agenda Item Number: 2.b.
Agenda Item: First Reading - Consider the adoption of ordinance 2022-31 amending the Huntsville
Code of Ordinances, Chapter 12 “BUILDING AND BUILDING REGULATIONS”.
Initiating Department/Presenter: Development Services
Presenter:
Kevin Byal, Director of Development Services
Recommended Motion: 1st Reading, no action necessary.
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: The City of Huntsville Code of Ordinance Chapter 12, Article II, Sections 12-20, 12-64, 12-65
and 12-66 contain provisions for the establishment of duties and authority for a Board of Adjustments
and Appeals (BOAA) for the purpose of hearing and considering assertions that there has been an error
in any order, requirement, decision, or determination made by the Building Official or any other
administrative official in the administration, interpretation, or enforcement of the International Codes.
A similar separate board, the Board of Adjustment (BOA) has been established through the provisions of
the City of Huntsville Development Code. This board is authorized to hear and decide appeals where it is
alleged there has been an error in any order, requirement, decision, or determination made by the City
Planner or any other administrative official in the administration, interpretation or enforcement of the
Development Code. Additionally, the BOA may consider variance requests for certain Development
Code standards.
The BOAA meets on an as-needed-basis but has only met twice in the last five years. The
BOA also meets on an as-needed-basis and averages 4 to 5 meetings per year to execute their duties.
For efficiency, staff believe that it is reasonable to consolidate the duties of both boards and assign
them to the BOA and retire the BOAA.
This item was presented for consideration and recommendation at the September 15, 2022, Planning
Commission meeting. The Planning Commission voted unanimously to recommend this change.
Approval of this ordinance will amend the building code to eliminate the BOAA.
Previous Council Action: None
Financial Implications: None
Page 33 of 44
Approvals:
Aron Kulhavy
Kristy Doll
Associated Information:
1. Ord. 2022-31 - Ch. 12, Board of Adjustments
2. BldgCode Exhibit A
Page 34 of 44
ORDINANCE NO. 2022-31
AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE, TEXAS CODE OF
ORDINANCES, SPECIFICALLY CHAPTER 12 “BUILDINGS AND BUILDING
REGULATIONS”; MAKING OTHER PROVISIONS AND FINDINGS THERETO; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Huntsville Code of Ordinances, Chapter 12 “BUILDING AND BUILDING
REGULATIONS” provides for the regulation of residential and commercial buildings for the
health, safety and public welfare of the City’s residents; and
WHEREAS, the City of Huntsville, as a home rule city may regulate this activity pursuant to its
broad powers of self-government; and
WHEREAS, City Council finds it necessary to amend its existing regulations of these activities
to protect the health and public safety; now therefore; and
WHEREAS, the City Council of the City of Huntsville, Texas now wishes to amend Chapter 12
to help promote the health, safety and welfare of its residents; and
WHEREAS, notice of the agenda for this meeting, was given in accordance with law by posting
the same at the place reserved and designated for notices of public meetings and public activities
and prior to the adoption of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, COUNTY OF WALKER, STATE OF TEXAS:
SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be
true and correct and are hereby adopted, ratified, and confirmed.
SECTION 2: Huntsville Code of Ordinances Chapter 12 “BUILDINGS AND BUILDING
REGULATIONS”, Article II, Sections 12-20 and 12-26, Article III Section 12-65 and 12-66 are
amended as shown on the attached Exhibit “A”.
SECTION 3:All ordinances or parts of Ordinances that are in conflict or inconsistent with the
provisions of this Ordinance shall be, and the same 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 paragraph, sentence, clause, phrase or section of this Ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of
this Ordinance as a whole or any part or provision thereof, other than the part so declared to be
invalid, illegal or unconstitutional.
SECTION 5:This Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
Page 35 of 44
of passage by the City Council, as provided by Article 4.14 of the Charter of the City of Huntsville, Texas.
PASSED AND APPROVED on this the __________ day of ________________ 2022.
THE CITY OF HUNTSVILLE
___________________________________
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
Page 36 of 44
EXHIBIT A
CHAPTER 12 BUILDINGS AND BUILDING REGUALTIONS
ARTICLE II. – BUILDING CODES
Sec. 12-20. Amendments to International Building Code.
The International Building Code is amended as follows:
(1) Section 101.2.1 is hereby added as follows:
Section 101.2.1. The following appendices are intended for enforcement and are made a part of
this code and the city's adopting ordinance for all intents and purposes:
Appendix B—Board of Appeals.
Appendix C—Group U - Architectural Buildings.
Appendix D—Fire Districts.
Appendix F—Rodent Proofing.
Appendix J—Grading.
Appendix B is amended to read:
B101.2—Membership of board. Each member shall be appointed to a two-year term of office.
Members are appointed by the Mayor with approval of the City Council.
B101.2.2—Qualifications. There is hereby established a board to be called the board of
adjustments and appeals, which shall consist of five members. Such board shall be composed of three
persons with technical background in building design or construction or experience in the building
trades industry, and two other citizens. The mayor (chief appointing authority) shall appoint board
members with the approval of the city council.
B101.3.3—Postponed hearing. Three members of the board shall constitute a quorum. In varying
the application of any provision of this code or in modifying an order of the building official, affirmative
votes of the majority present, but not less than three affirmative votes, shall be required. A board
member shall not act in a case in which he has a personal interest.
(7) Section 113 is amended as follows:
113.1 General. In order to hear and decide appeals of orders, decisions or determinations made
by the building official relative to the application and interpretation of this code, there shall be and is
hereby created a board of appeals as defined in Article 13.300 of the City of Huntsville Development
Code.
113.3 Qualifications. Delete section 113.3.
(78) Section 114.4 is amended as follows:
114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with
any of the requirements thereof or who erects, constructs, alters, repairs or occupies a building or
structure in violation of the approved construction documents or directive of the building official, or of
a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a fine not exceeding $2.000.00.
(89) Section D101.1.1 is amended to read:
Page 37 of 44
EXHIBIT A
Section D101.1.1. For the purpose of this code, the fire district is established as follows:
Beginning at the intersection of the east line of Avenue N and the south line of 10th Street;
Thence easterly along said south line of 10th Street to the west line of Avenue J;
Thence southerly along said west line of Avenue J to the north line of 13th Street;
Thence westerly along said north line of 13th Street to the east line of Avenue M;
Thence northerly along east line of Avenue M to the point of beginning.
(910) Figure 1608.2 is amended by adding:
City of Huntsville five lbs./sq. ft.
(110) Figure 1609 is amended by adding:
City of Huntsville 100 mph.
(121) Section 3107—Delete section 3107.
(132) Chapter 11—Delete chapter 11.
(Code 1961, § 9.02.02; Ord. No. 94-13, 5-10-1994; Ord. No. 97-35, 11-25-1997; Ord. No. 2000-19, 9-26-2000; Ord.
No. 2002-08, 3-5-2002; Ord. No. 2006-02, 1-3-2006; Ord. No. 2006-22, § 9.02.02(109.3.05), 10-3-2006; Ord. No.
2011-50, § 3, 8-16-2011; Ord. No. 2017-43, § 2(Exh. A), 11-21-2017; Ord. No. 2019-50 , § 2(Exh. A), 9-17-2019; Ord.
No. 2020-35 , § 2(Exh. A), 8-4-2020; Ord. No. 2021-25 , § 2(Exh. A), 9-21-2021)
ARTICLE III. -DEMOLITION OF REPAIR OF DILAPIDATED OR SUBSTANDARD
BUILDINGS
Sec. 12-64. Appeals to board Board of adjustment Adjustmentand appeals.
(a) Any person aggrieved or affected by any decision of the building official may appeal such decision to the
board of adjustment and appeals. Such appeal shall be filed in writing in the building official's office within 30
days after the decision has been rendered by the building official.
(b) An appeal shall stay all proceedings in furtherance of the action appealed from unless the city building
official certifies to the satisfaction of the board that by reason of facts stated in the certification a stay would
cause imminent peril to life or property.
(Code 1961, § 9.03.05; Ord. No. 90-14, § 1, 8-21-1990; Ord. No. 2011-50, § 4, 8-16-2011)
Sec. 12-65. Decision by board.
(a) The board of adjustment and appeals may, after public notice and public hearing, take action relative to
the continuance or discontinuance of dilapidated, substandard or unfit buildings or structures. In
particular, the board may:
Sec. 12-66. - Demolition of property.
(a) Whenever the required repair, vacation or demolition is not commenced or completed within the time
designated by the building official or board of adjustment or appeals, the building shall be posted.
(Code 1961, § 9.03.06; Ord No. 90-14, § 1, 8-21-1990; Ord. No. 2011-50, § 4, 8-16-2011)
Page 38 of 44
CITY COUNCIL AGENDA
10/18/2022
Agenda Item Number: 3.a.
Agenda Item: First Reading - Consider adopting Ordinance 2022-34, amending the City of Huntsville
City Council Rules of Procedure.
Initiating Department/Presenter: City Manager
Presenter:
Aron Kulhavy, City Manager
Recommended Motion: First Reading - no action necessary. 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 Adopt Ordinance No. 2022-34, amending the City of Huntsville City Council
Rules of Procedure.
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: It was identified during the 2022 Strategic Planning and adopted as one of the goals in the
Strategic Plan to review and consider updating the City Council Rules of Procedure. A Council Ad Hoc
Committee was appointed during the Council Meeting on March 15, 2022, to review the City Council
Rules of Procedure and amend them as necessary. The committee met several times to review the
Rules of Procedure, and they are recommending the proposed Rules of Procedure for City Council
consideration.
Previous Council Action: At the March 15, 2022, City Council meeting, the City Council approved the
appointment of a Council to an ad hoc committee to review the Rules of Procedure.
Financial Implications: Not applicable
Approvals:
Aron Kulhavy
Kristy Doll
Associated Information:
1. Ord. 2022-34 - Amending the Rules of Procedures
Page 39 of 44
ORDINANCE NO. 2022 - 34
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE
RULES AND PROCEDURES FOR THE CITY OF HUNTSVILLE CITY COUNCIL;
MAKING VARIOUS OTHER FINDINGS AND PROVISIONS RELATED THERETO;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS Section 4.08 of the City Charter of the City of Huntsville states that "The
Council shall by ordinance determine its own rules and order of business"; and
WHEREAS the City Council adopted Rules of Procedure by Ordinance No. 2004-21 on
November 9, 2004; and as amended by Ordinance No. 2006-03 on January 17,
2006; by Ordinance No. 2007-05 on February 6, 2007; by Ordinance No. 2007-
13 on April 17, 2007; by Ordinance No. 2008-30 on August 19, 2008; by
Ordinance No. 2009-28 on March 3, 2009; by Ordinance No. 2009-46 on July
8, 2009; by Ordinance No. 2011-21 on February 15, 2011, by Ordinance No.
2012-20 on March 20, 2012, by Ordinance No.2013-19 on May 7, 2013, by
Ordinance No. 2014-33 on May 20, 2014, by Ordinance No. 2015-28 on July
21, 2015, and by Ordinance No. 2015-38 on September 1, 2015
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF HUNTSVILLE, TEXAS, THAT:
Section 1:The Rules of Procedures for the City Council of the City of Huntsville are hereby
amended as shown in the attached Exhibit A and incorporated herein for all purposes.Exhibit A.
Section 2: This Ordinance shall take effect immediately upon its passage by the City Council.
Section 3:All ordinances or parts of Ordinances that are in conflict or inconsistent with the
provisions of this Ordinance shall be, and the same 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 paragraph, sentence, clause, phrase or section of this Ordinance be
Page 40 of 44
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of
this Ordinance as a whole or any part or provision thereof, other than the part so declared to be
invalid, illegal or unconstitutional.
PASSED AND APPROVED on this 18th day of October 2022.
CITY OF HUNTSVILLE, TEXAS
By: ______________________________
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
Page 41 of 44
CITY COUNCIL AGENDA
10/18/2022
Agenda Item Number: 4.a.
Agenda Item: Huntsville Public Library
Initiating Department/Presenter: Other
Presenter:
Craig Henderson
Amanda Louie
Nick Ransford
Recommended Motion: N/A
Strategic Initiative:
Discussion:
Previous Council Action:
Financial Implications:
Approvals:
Kristy Doll
Kristy Doll
Associated Information:
Page 42 of 44
CITY COUNCIL AGENDA
10/18/2022
Agenda Item Number: 4.b.
Agenda Item: Statements from City Staff
Initiating Department/Presenter: Other
Presenter:
Jason January
Recommended Motion: N/A
Strategic Initiative:
Discussion:
Previous Council Action:
Financial Implications:
Approvals:
Kristy Doll
Kristy Doll
Associated Information:
Page 43 of 44
CITY COUNCIL AGENDA
10/18/2022
Agenda Item Number: 7.a.
Agenda Item: City Council will convene in closed session as authorized by Texas Government Code,
Chapter 551, Section 551.087 for deliberation regarding economic development negotiations - project
Cheers
Initiating Department/Presenter: Economic Development
Presenter:
Tammy Gann, Director of Economic Development
Recommended Motion: Not applicable
Strategic Initiative:
Discussion:
Previous Council Action:
Financial Implications:
Approvals:
Leonard Schneider
Aron Kulhavy
Kristy Doll
Associated Information:
Page 44 of 44