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City Council Meeting Minutes 5-17-2022MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 17th DAY OF MAY 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 3 McKenzie, Councilmember At-Large Position 2 Mullins, Councilmember Ward 3 Massey, Councilmember Ward 4 Strong, Councilmember At-Large Position 4 Graham, Councilmember At-Large Position 1 Lyle COUNCILMEMBERS ABSENT: OFFICERS PRESENT: Aron Kulhavy, City Manager; Kristy Doll, City Secretary; Leonard Schneider, City Attorney WORKSHOP (5:00 p.m.) Presentation from TEX-21 Corridor Coalition MAIN SESSION (6:00 p.m.) CALL TO ORDER Mayor Brauninger called the meeting to order at 6:00 p.m. INVOCATION AND PLEDGES - U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. Councilmember Humphrey gave the invocation, and Mayor Brauninger led the pledges. PROCLAMATION Proclamation No. 2022-15 for National Public Works Week PRESENTATIONS None PUBLIC HEARING Public Hearing to receive comments from all interested persons on the proposed annexation of approximately 263 acres in MUD No. 1, south of the current city limits and south of Veterans Memorial Blvd and east of Montgomery Rd. Mayor Brauninger opened the Public Hearing at 6:06 p.m. City Planner, Armon Irones, presented information on the proposed annexation. The applicant made a petition to voluntarily annex into the City limits. Citizen comments in support of the proposed annexation: none Citizens Comments in opposition of the proposed annexation: none The Mayor closed the Public Hearing at 6:10 p.m. 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. Consider approving the Minutes from the May 3, 2022, Regular City Council Meeting. b. Consider adoption of Ordinance 2022-17 to amend the budget for FY 21-22 and/or CIP Project budgets c. Consider authorizing the City Manager to execute Amendment No. 1 to the Development Agreement with East Loop Investments, LLC., for the development of the 350 +/- acre development for a single-family master planned community. d. Consider authorizing the City Manager to enter into an agreement with Aurora Technical Services, LLC for professional engineering services for the FY21/22 Waterline Replacement Project. e. Consider authorizing the City Manager to enter into a contract with T Construction LLC for the rehabilitation of sanitary sewer lines. Councilmember Beebe made a motion to approve the consent agenda items a, b, c, d, and e. The motion was seconded by Councilmember Graham. The motion passed 9-0. Yes: Andy Brauninger, Russell Humphrey, Daiquiri Beebe, Vicki McKenzie, Deandra (Dee) Mullins, Deloris Massey, Jon Strong, Pat Graham, Bert Lyle. No: None STATUTORY AGENDA FIRST READING: Consider authorizing the City Manager to award the purchase of Street Milling/Overlay Services. Brent Sherrod, Public Works Director Councilmember Beebe made a motion to temporarily suspend the rules of procedure by waving the two-reading requirement and to authorize the City Manager to award the purchase of Street Milling/Overlay/Rehab Services to Larry Young Paving in the amount of $2,133,468.03. The motion was seconded by Councilmember McKenzie. The motion passed 9-0. Yes: Andy Brauninger, Russell Humphrey, Daiquiri Beebe, Vicki McKenzie, Deandra (Dee) Mullins, Deloris Massey, Jon Strong, Pat Graham, Bert Lyle. No: None FIRST READING: Consider Ordinance 2022-18 for the proposed annexation of approximately 263 acres located south of the current City limits, south of Veterans Memorial Blvd and east of Montgomery Rd. First Reading, no action taken. FIRST READING: Consider authorizing the City Manager to award and enter into a contract with Christensen Building Group for Construction Manager-at-Risk (CMAR) services for the City Hall Building Project. Councilmember Humphrey made a motion to temporarily suspend the rules of procedure by waving the two-reading requirement and move to authorize the City Manager to award and enter into a contract with Christensen Building Group for Construction Manager-at-Risk (CMAR) services for the City Hall Building Project in the amounts of $10,000.00 for Pre-Construction Fees, 2% of the Construction budget for the Construction Phase Services Fee and $797,907 for General Conditions Costs. The motion was seconded by Councilmember Lyle. The motion passed 9-0. Yes: Andy Brauninger, Russell Humphrey, Daiquiri Beebe, Vicki McKenzie, Deandra (Dee) Mullins, Deloris Massey, Jon Strong, Pat Graham, Bert Lyle. No: None FIRST READING: Consider authorizing the City Manager to enter into an agreement with Halff Associates, Inc. for professional engineering services for FY 21-22 Wastewater Lines Replacement Projects. Councilmember Beebe made a motion to temporarily suspend the rules of procedure by waving the two-reading requirement and to authorize the City Manager to enter into an agreement with Halff Associates, Inc. for professional engineering services, FY 21-22 Wastewater Lines Replacement Projects, in the estimated amount of $507,591.83. The motion was seconded by Councilmember McKenzie. The motion passed 9-0. Yes: Andy Brauninger, Russell Humphrey, Daiquiri Beebe, Vicki McKenzie, Deandra (Dee) Mullins, Deloris Massey, Jon Strong, Pat Graham, Bert Lyle. No: None Presentation, discussion, and possible action to approve Resolution No. 2022-18 to initiate condemnation under Chapter 21 of the Texas Property Code for two temporary construction easements, each twenty (20) feet in width, lying on both sides and adjacent to the permanent easement property, Segment One and Segment Two previously authorized to be condemned on March 1, 2022 , to lay a sanitary sewer line generally located approximately 3.5 miles north northeast of City Hall along the east side of Parker Creek, across a property more particularly described as: 1) an easement property being a strip of land, forty (40) feet in width, containing 3.523 acres of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36 and the WILEY PARKER LEAGUE, Abstract No. 37, Walker County, Texas, and being out of and upon a called 488.63 acre tract described in a Deed from Dorothy Thomason Family Partnership, LTD. to Edwin E. Thomason and wife, Sandy S. Thomason, dated June 2, 2006, recorded in Volume 753, page 201, Official Public Records of Walker County, Texas. 2) an easement property being a strip of land, twenty (20) feet in width, containing 0.778 acre of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36 and the WILEY PARKER LEAGUE, Abstract No. 37, Walker County, Texas, and being out of and upon a called 488.63 acre tract described in a Deed from Dorothy Thomason Family Partnership, LTD. to Edwin E. Thomason and wife, Sandy S. Thomason, dated June 2, 2006, recorded in Volume 753, page 201, Official Public Records of Walker County, Texas. Councilmember Humphrey made a motion to move that the City of Huntsville, Texas authorize the use of the power of eminent domain to acquire two temporary construction easements, each twenty (20) feet in width, lying on both sides and adjacent to the permanent easement property called Segment One and Segment Two previously authorized to be condemned on March 1, 2022 by Resolution 2022-10, said permanent easements Segment One and Segment Two being a strip of land, forty (40) feet in width, containing 3.523 acres of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No.36 and the WILEY PARKER LEAGUE, Abstract No.37, Walker County, Texas, and being out of and upon a called 488.63 acre tract described in a Deed from Dorothy Thomason Family Partnership, LTD. to Edwin E. Thomason and wife, Sandy S. Thomason, dated June 2, 2006, recorded in Volume 753, page 201, Official Public Records of Walker County, Texas. 2) being a strip of land, twenty (20) feet in width, containing 0.778 acre of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36 and the WILEY PARKER LEAGUE, Abstract No. 37, Walker County, Texas, and being out of and upon a called 488.63 acre tract described in a Deed from Dorothy Thomason Family Partnership, LTD. to Edwin E. Thomason and wife, Sandy S. Thomason, dated June 2, 2006, recorded in Volume 753, page 201, Official Public Records of Walker County, Texas for the replacement of an old sanitary sewer line in poor condition with a new sanitary sewer to provide service to current customers and to provide for future development. The motion was seconded by Councilmember McKenzie. The motion passed 9-0. Yes: Andy Brauninger, Russell Humphrey, Daiquiri Beebe, Vicki McKenzie, Deandra (Dee) Mullins, Deloris Massey, Jon Strong, Pat Graham, Bert Lyle. No: None Presentation, discussion, and possible action to approve Resolution No. 2022-19 to initiate condemnation under Chapter 21 of the Texas Property Code for two temporary construction easements, each twenty (20) feet in width, lying on both sides and adjacent to the permanent easement property previously authorized to be condemned on March 1, 2022 to lay a sanitary sewer line generally located approximately 4 miles northeast of City Hall along the south side of Parker Creek, across a property more particularly described as: 1) an easement property being a strip of land, forty (40) feet in width, containing 1.881 acres of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36, Walker County, Texas, and being out of and upon TR.-1 92.96 AC. according to a Plat of Calvin M. Ellisor Property Tracts 1 & 2 recorded in Volume 4, page 4, Plat Records of Walker County, Texas, said Tract 1 (92.96 acres) conveyed in a Deed from Calvin M. Ellisor and wife, Irene Ellisor to Jerry Ellisor and Byron Ellisor, dated February 15, 2007, recorded in Volume 794, page 462, Official Public Records of Walker County, Texas. Councilmember McKenzie made a motion to move that the City of Huntsville, Texas authorize the use of the power of eminent domain to acquire two temporary construction easements, each twenty (20) feet in width, lying on both sides and adjacent to the permanent easement property previously authorized to be condemned on March 1, 2022 by Resolution 2022-12, said permanent easement property being a strip of land being a strip of land, forty (40) feet in width, containing 1.881 acres of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36, Walker County, Texas, and being out of and upon TR.-1 92.96 AC. according to a Plat of Calvin M. Ellisor Property Tracts 1 & 2 recorded in Volume 4, page 4, Plat Records of Walker County, Texas, said Tract 1 (92.96 acres) conveyed in a Deed from Calvin M. Ellisor and wife, Irene Ellisor to Jerry Ellisor and Byron Ellisor, dated February 15, 2007, recorded in Volume 794, page 462, Official Public Records of Walker County, Texas for the replacement of an old sanitary sewer line in poor condition with a new sanitary sewer to provide service to current customers and to provide for future development. The motion was seconded by Councilmember Strong. The motion passed 9-0. Yes: Andy Brauninger, Russell Humphrey, Daiquiri Beebe, Vicki McKenzie, Deandra (Dee) Mullins, Deloris Massey, Jon Strong, Pat Graham, Bert Lyle. No: None 3. CITY COUNCIL/MAYOR/CITY MANAGER None 4. REQUESTS FOR CITIZEN PARTICIPATION (An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion. No action will be taken.) Jeanie Boyle and Christa Patten provided information regarding the Isaiah 117 House, Walker County. 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. Brian Goldgar, Director of Business Development and Therapy Services for Huntsville Memorial Hospital introduced the new orthopedic surgeon. Mayor and Council announced items of community interest. 7. EXECUTIVE SESSION City Council convened in closed session as authorized by Texas Government Code, Chapter 551, Section 551.072 for deliberation regarding the purchase of real property in the J W Adams survey (A-62). City Council convened in closed session as authorized by Texas Government Code, Chapter 551, Section 551.074 – Personnel Matters: regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: City Secretary Kristy Doll. Council convened into Executive Session 6:56 p.m. 8. RECONVENE Take action on item discussed in executive session, if needed. Reconvened from Executive session into open session at 7:01 p.m. to take a roll call vote on Statutory Agenda Items 2e and 2f. City Attorney Leonard Schneider asked that the Mayor and Council return to Statutory Agenda Items 2e and 2f for a roll call vote on those two agenda items before convening into Executive Session. 2e. Presentation, discussion, and possible action to approve Resolution No. 2022-18 to initiate condemnation under Chapter 21 of the Texas Property Code for two temporary construction easements, each twenty (20) feet in width, lying on both sides and adjacent to the permanent easement property, Segment One and Segment Two previously authorized to be condemned on March 1, 2022 , to lay a sanitary sewer line generally located approximately 3.5 miles north northeast of City Hall along the east side of Parker Creek, across a property more particularly described as: 1) an easement property being a strip of land, forty (40) feet in width, containing 3.523 acres of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36 and the WILEY PARKER LEAGUE, Abstract No. 37, Walker County, Texas, and being out of and upon a called 488.63 acre tract described in a Deed from Dorothy Thomason Family Partnership, LTD. to Edwin E. Thomason and wife, Sandy S. Thomason, dated June 2, 2006, recorded in Volume 753, page 201, Official Public Records of Walker County, Texas. 2) an easement property being a strip of land, twenty (20) feet in width, containing 0.778 acre of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36 and the WILEY PARKER LEAGUE, Abstract No. 37, Walker County, Texas, and being out of and upon a called 488.63 acre tract described in a Deed from Dorothy Thomason Family Partnership, LTD. to Edwin E. Thomason and wife, Sandy S. Thomason, dated June 2, 2006, recorded in Volume 753, page 201, Official Public Records of Walker County, Texas. Councilmember Humphrey made a motion to move that the City of Huntsville, Texas authorize the use of the power of eminent domain to acquire two temporary construction easements, each twenty (20) feet in width, lying on both sides and adjacent to the permanent easement property called Segment One and Segment Two previously authorized to be condemned on March 1, 2022 by Resolution 2022-10, said permanent easements Segment One and Segment Two being a strip of land, forty (40) feet in width, containing 3.523 acres of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No.36 and the WILEY PARKER LEAGUE, Abstract No.37, Walker County, Texas, and being out of and upon a called 488.63 acre tract described in a Deed from Dorothy Thomason Family Partnership, LTD. to Edwin E. Thomason and wife, Sandy S. Thomason, dated June 2, 2006, recorded in Volume 753, page 201, Official Public Records of Walker County, Texas. 2) being a strip of land, twenty (20) feet in width, containing 0.778 acre of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36 and the WILEY PARKER LEAGUE, Abstract No. 37, Walker County, Texas, and being out of and upon a called 488.63 acre tract described in a Deed from Dorothy Thomason Family Partnership, LTD. to Edwin E. Thomason and wife, Sandy S. Thomason, dated June 2, 2006, recorded in Volume 753, page 201, Official Public Records of Walker County, Texas for the replacement of an old sanitary sewer line in poor condition with a new sanitary sewer to provide service to current customers and to provide for future development. The motion was seconded by Councilmember McKenzie. Mayor Brauninger called for a roll call vote on Statutory Agenda Item 2e. Roll Call: Yes - Andy Brauninger, Russell Humphrey, Daiquiri Beebe, Vicki McKenzie, Deandra (Dee) Mullins, Deloris Massey, Jon Strong, Pat Graham, Bert Lyle; No - None The motion passed 9-0 2f. Presentation, discussion, and possible action to approve Resolution No. 2022-19 to initiate condemnation under Chapter 21 of the Texas Property Code for two temporary construction easements, each twenty (20) feet in width, lying on both sides and adjacent to the permanent easement property previously authorized to be condemned on March 1, 2022 to lay a sanitary sewer line generally located approximately 4 miles northeast of City Hall along the south side of Parker Creek, across a property more particularly described as: 1) an easement property being a strip of land, forty (40) feet in width, containing 1.881 acres of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36, Walker County, Texas, and being out of and upon TR.-1 92.96 AC. according to a Plat of Calvin M. Ellisor Property Tracts 1 & 2 recorded in Volume 4, page 4, Plat Records of Walker County, Texas, said Tract 1 (92.96 acres) conveyed in a Deed from Calvin M. Ellisor and wife, Irene Ellisor to Jerry Ellisor and Byron Ellisor, dated February 15, 2007, recorded in Volume 794, page 462, Official Public Records of Walker County, Texas. Councilmember McKenzie made a motion to move that the City of Huntsville, Texas authorize the use of the power of eminent domain to acquire two temporary construction easements, each twenty (20) feet in width, lying on both sides and adjacent to the permanent easement property previously authorized to be condemned on March 1, 2022 by Resolution 2022-12, said permanent easement property being a strip of land being a strip of land, forty (40) feet in width, containing 1.881 acres of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36, Walker County, Texas, and being out of and upon TR.-1 92.96 AC. according to a Plat of Calvin M. Ellisor Property Tracts 1 & 2 recorded in Volume 4, page 4, Plat Records of Walker County, Texas, said Tract 1 (92.96 acres) conveyed in a Deed from Calvin M. Ellisor and wife, Irene Ellisor to Jerry Ellisor and Byron Ellisor, dated February 15, 2007, recorded in Volume 794, page 462, Official Public Records of Walker County, Texas for the replacement of an old sanitary sewer line in poor condition with a new sanitary sewer to provide service to current customers and to provide for future development. The motion was seconded by Councilmember Strong. Mayor Brauninger called for a roll call vote on Statutory Agenda Item 2f. Roll Call: Yes - Andy Brauninger, Russell Humphrey, Daiquiri Beebe, Vicki McKenzie, Deandra (Dee) Mullins, Deloris Massey, Jon Strong, Pat Graham, Bert Lyle; No -None. The motion passed 9-0. EXECUTIVE SESSION City Council convened in closed session as authorized by Texas Government Code, Chapter 551, Section 551.072 for deliberation regarding the purchase of real property in the J W Adams survey (A-62). City Council convened in closed session as authorized by Texas Government Code, Chapter 551, Section 551.074 – Personnel Matters: regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: City Secretary Kristy Doll. Council convened into Executive Session 7:04 p.m. 8. RECONVENE Take action on item discussed in executive session, if needed. Reconvened from Executive session into Open Session at 8:01 p.m. Councilmember Beebe made a motion to renew the contract with Kristy Doll for another year with a 5% increase in pay. The motion was seconded by Councilmember Graham. The motion passed 9-0. Yes: Andy Brauninger, Russell Humphrey, Daiquiri Beebe, Vicki McKenzie, Deandra (Dee) Mullins, Deloris Massey, Jon Strong, Pat Graham, Bert Lyle. No: None ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 8:01 p.m.