City Council Regular Meeting

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS TUESDAY, JULY 6, 2010 7:00 P.M. 1.0 Call to Order The meeting was called to order by Mayor Gretchen Fagan. Other members present were: Councilman Stoll Councilman Townsend Councilman Quinn Councilman Brown Others present: City Secretary – Doris Speer City Attorney – Scott Bounds Fire Chief – Randy Parr Police Chief – Robert Hauck Finance Director – Glenn Windsor Director of Engineering & Planning – Mark McClure Assistant to City Manager – Shawn Cox City Planner – Kelly Violette 2.0 Invocation ● Led by Pastor Scott Knight, The Pointe Fellowship Church 3.0 Pledges to U. S. and Texas Flags ● Led by Allen Fletcher, Texas State Representative, District 130 4.0 The following public comments were received: Lamar Barr - Requesting additional police patrols through Hampton Inn complex; requesting that utility bills be billed 14100 Medical Complex, 77375 current, not behind; requested review of utility rates being charged for dumpsters.  Minutes Regular City Council Meeting July 6, 2010 Page 2 of 9 H. G. Harrington - Provided history regarding day labor site; expressed 619 N. Magnolia, 77375 his support for renewal of the lease agreement for the day labor site and continued City oversight. Tina Salem - Email read into the record - expressed her support 1310 Pine Trails, 77375 for renewal of the lease agreement for the day labor site and continued City oversight. Mary Harvey - Expressed her support for renewal of the lease 405 S. Walnut, 77375 agreement for the day labor site and continued City oversight. Rodney Hutson, M.D. - Expressed his support for renewal of the lease 9431 Rosie Lane, 77355 agreement for the day labor site and continued City oversight. Sallie Fisher - Expressed her support for renewal of the lease 723 Hospital, 77375 agreement for the day labor site and continued City oversight. Jack Ripley - Expressed his opposition to people hiring illegal 14134 Castor Street, 77375 workers; asked that the City require proof that workers at day labor site are legal workers and that contractors hiring workers at the day labor site are legal workers. Nora Stovall - Expressed her support for renewal of the lease 307 Florence, 77375 agreement for the day labor site and continued City oversight. Ken Shuman, Pastor - Expressed his support for renewal of the lease 611 Clayton, 77375 agreement for the day labor site and continued City oversight. Lori Wallace - Did not speak; requested that her support for 1821 S. Cherry, 77375 renewal of the lease agreement for the day labor site and continued City oversight be read into the record Tommy Lyles, Pastor - Expressed his support for renewal of the lease 621 N. Magnolia, 77375 agreement for the day labor site and continued City oversight. Roy Wooten - Expressed his support for renewal of the lease 1455 School Street, 77375 agreement for the day labor site and continued City oversight.  Minutes Regular City Council Meeting July 6, 2010 Page 3 of 9 Denny Dillon, Pastor - Expressed his support for renewal of the lease 14103 Timbergreen Dr., 77355 agreement for the day labor site and continued City oversight. Alvaro Navarro, Pastor - Expressed his support for renewal of the lease 20019 Emerald Way, 77355 agreement for the day labor site and continued City oversight. Sarah Starnes - Expressed her support for renewal of the lease 11810 Piney Way Lane, 77375 agreement for the day labor site and continued City oversight. Linda J. Williams - Did not wish to speak, requested that her support 1415 Joseph Court, 77375 for renewal of the lease agreement for the day labor site be read into the record John P. Dillon - Did not wish to speak, requested that his support for 14166 Turnervine, 77375 renewal of the lease agreement for the day labor site be read into the record James Wrentz - Did not wish to speak, requested that his support for 31203 Antonia Lane, 77375 renewal of the lease agreement for the day labor site and for Walk Tomball be read into the record Linda Wrentz - Did not wish to speak, requested that her support 31203 Antonia Lane, 77375 for renewal of the lease agreement for the day labor site and for Walk Tomball be read into the record Bruce Hillegeist - Thanked City and Fire Department for wonderful 20339 Telge Road, 77377 fireworks display; requested City’s approval and co-sponsorship of the 38th Annual Tomball Night; expressed his support for the memorial statue proposed for Matheson Park; express his support for renewal of the lease agreement for the day labor site and continued City oversight. Janet Hampton - Expressed her support for renewal of the lease 18902 Rosewood Trail, 77377 agreement for the day labor site and continued City oversight. Mary Lu Wiley - Expressed her opposition to additional Oklahoma 14120 Carneswood, 77375 statues and to proposed memorial statue for Matheson Park; suggested charging men to use the day labor site.  Minutes Regular City Council Meeting July 6, 2010 Page 4 of 9 William Shaffer, Commander - His letter expressing the VFW’s support for the VFW Post 2427, 77375 memorial statue proposed for Matheson Park was read into the record. Pat Bailey - Expressed her support for renewal of the lease 1319 Dove Trails, 77375 agreement for the day labor site and continued City oversight. Barbara Tague - Expressed her support for renewal of the lease 503 Inwood, 77375 agreement for the day labor site and continued City oversight. Linda Wrentz - Expressed her support for renewal of the lease 31203 Antonio Ln, 77375 agreement for the day labor site and continued City oversight. Tony Martinez - Expressed his support for renewal of the lease 26635 Leafton Lane, 77354 agreement for the day labor site and continued City oversight. Allen Fletcher - Did not speak; was present to show his support for 23718 Powdermill Drive, 77377 the memorial statue proposed for Matheson Park. 5.0 Reports and Announcements: ● July 10, 2010 – Farmers Market – 8:00 a.m. ● July 10, 2010 - 2nd Saturday at the Depot, 6:00 p.m. ● July 19, 2010 – Budget Workshop – 8:00 a.m ● July 22, 2010 – Budget Workshop – 5:00 p.m. ● July 24, 2010 – Farmers Market – 8:00 a.m. ● August 2-10, 2010 -- Early Voting for Special Election on August 14, 2010 ◦ August 2 - 7:45 a.m. – 5:00 p.m. ◦ August 3 - 7:45 a.m. – 7:45 p.m. ◦ August 4 - 7:45 a.m. – 5:00 p.m. ◦ August 5 - 7:45 a.m. – 5:00 p.m. ◦ August 6 - 7:45 a.m. – 4:00 p.m. ◦ August 9 - 7:45 a.m. – 5:00 p.m. ◦ August 10 - 7:45 a.m. – 7:45 p.m. ● August 5, 2010 – Mayor’s Coffee, Main Street Crossing – 5:30 p.m.-7:00 p.m. ● August 6, 2010 – 38th Annual Tomball Night ● August 14, 2010 - Special Election – City Hall, 7:00 a.m.-7:00 p.m. ● August 14, 2010 – Farmers Market – 8:00 a.m. ● August 14, 2010 - 2nd Saturday at the Depot, 6:00 p.m. ● August 16, 2010 – Appointments to Tomball Hospital Authority for Terms Expiring 8/31/2010  Minutes Regular City Council Meeting July 6, 2010 Page 5 of 9 ● Walk Tomball! (Every Saturday at 8:00 a.m. at the Depot) ● Reports by City staff and members of Council about items of community interest on which no action will be taken o July 4th Activities - Randy Parr, Fire Chief o Benefit for Paul Overcast, Tomball Police Officer - Robert Hauck, Police Chief 6.0 Motion was made by Councilman Townsend, second by Councilman Stoll, to approve the Minutes of the following Meetings: ● Special City Council Meeting of June 21, 2010 – Strategic Plan Advance ● Special City Council Meeting of June 21, 2010 – Workshop ● Regular City Council Meeting of June 21, 2010 7.0 Old Business: 7.1 Randy Parr presented information regarding the proposed Ordinance. Motion was made by Councilman Brown, second by Councilman Townsend, to adopt, on Second Reading, Ordinance No. 2010-06, an Ordinance of the City of Tomball, Texas, amending Chapter 26, “Emergency Services” of the Code of Ordinances of the City to Establish Policies, Procedures and Regulations as they relate to Alarms; Providing a Penalty in an Amount of not more than $500 for Violation of any Provision Hereof; Providing for Savings and Severability; Providing for Publication; and Making other Provisions and Findings Related Thereto. Vote was as follows: Councilman Townsend Aye Councilman Quinn Aye Councilman Stoll Nay Councilman Brown Aye Motion carried, 3 votes Aye to 1 vote Nay. 7.2 Shawn Cox presented information regarding the proposed lease renewal. Motion was made by Councilman Brown, second by Councilman Stoll, to approve the renewal of the proposed Lease Agreement with Frank and Russell DeNina for the Property containing the Day Labor Site. Motion was made by Councilman Quinn to table consideration of the lease agreement until other options have been explored; motion died for lack of second. Discussion continued. Robert Hauck explained police department operations regarding the day labor site, responded to Council questions, and requested Council’s consideration to keep the day labor site intact. Motion was made by Councilman Stoll, second by Councilman Quinn, to table consideration to allow time for the Mayor to find additional funding sources. No vote taken. Scott Bounds advised Council that the City has a continuing liability as the current occupant of the property and must provide 30-day notice to cancel the lease agreement.  Minutes Regular City Council Meeting July 6, 2010 Page 6 of 9 Motion was made by Councilman Stoll, second by Councilman Quinn, to modify his motion to table consideration to renew the lease until December 2010 to allow staff time to find another group to work out an agreement with the DeNinas to pay the ad valorem taxes and keep the day labor site intact. Vote was as follows: Councilman Quinn Aye Councilman Stoll Aye Councilman Brown Nay Councilman Townsend Aye Motion to table carried, 3 votes Aye, 1 vote Nay. Mayor Fagan called a five-minute break at 8:49 p.m.; upon returning into regular session at 8:56 p.m., the following items were considered: 8.0 New Business: 8.1 Bobby Payne presented information regarding the request by family and friends of Cpl. Johnson to donate a monument to the City of Tomball, "To the Fallen." A maquette of the proposed monument was displayed; names of the fallen will be etched on a marker. Councilman Townsend suggested that an M-16, helmet, and boots should be added to the monument and suggested that the City should provide a U.S. flag and a Tomball flag to the families of the fallen. The monument would be unveiled in January, in time for Cpl. Johnson’s fellow service members to attend. Doug Van Zandt spoke on behalf of Sandra Van Zandt regarding the proposed creation and installation of the monument and presented the maquette. Councilman Quinn suggested etching the M-16, helmet, and boots onto the granite. Councilman Stoll asked about qualifications to have a service member’s name engraved on monument. Motion was made by Councilman Townsend, second by Councilman Brown, to accept the donation of the proposed memorial monument. Motion carried unanimously. 8.2 Joe Morrow, First Southwest, and Glenn Windsor gave a presentation regarding the proposed refinancing of previously issued City of Tomball, Texas Series 1995 and 1998 Bonds. Motion was made by Councilman Townsend, second by Councilman Stoll, to Authorize First Southwest to prepare the necessary documents to obtain a credit rating for the City, to prepare bid/proposal documents, and to return proposals to Council in August for consideration and/or approval. Motion carried unanimously. 8.3 Scott Bean, Hawes Hill & Calderon, presented information regarding the proposed service and assessment plan.  Minutes Regular City Council Meeting July 6, 2010 Page 7 of 9 Motion was made by Councilman Stoll, second by Councilman Townsend, to read Ordinance No. 2010-14 by caption only on first reading. Motion carried unanimously. Motion was made by Councilman Quinn, second by Councilman Brown, to adopt, on First Reading, Ordinance No. 2010-14, an Ordinance of the City Council of Tomball, Texas, Approving the Service and Assessment Plan for the City of Tomball Public Improvement District Number One (Pine Country of Tomball Subdivision). Vote was as follows: Councilman Quinn Aye Councilman Stoll Aye Councilman Brown Aye Councilman Townsend Aye Motion carried unanimously. 8.4 Mayor Fagan opened the public hearing regarding PID #1, Section Two Assessment Roll at 9:28 p.m. Hearing no public comments, Mayor Fagan closed the public hearing at 9:28 p.m. 8.5 Scott Bean, Hawes Hill & Calderon, presented information regarding the proposed ordinance to levy an assessment for PID #1. Motion was made by Councilman Townsend, second by Councilman Stoll, to read Ordinance No. 2010-15 by caption only on first reading. Motion carried unanimously. Motion was made by Councilman Townsend, second by Councilman Stoll to adopt, on First Reading, Ordinance No. 2010-15, an Ordinance of the City Council of Tomball, Texas, Levying an Assessment against Pine Country of Tomball Subdivision, Section Two Properties, within the City of Tomball Public Improvement District Number One; and Making Certain Findings Related Thereto. Vote was as follows: Councilman Stoll Aye Councilman Brown Aye Councilman Townsend Aye Councilman Quinn Aye Motion carried unanimously. 8.6 Glenn Windsor presented information regarding Resolution 2010-13. Motion was made by Councilman Townsend, second by Councilman Brown, to approve Resolution 2010-  Minutes Regular City Council Meeting July 6, 2010 Page 8 of 9 13, Designating Authorized Representatives to Conduct Authorized Participation in TexPool and TexPool Prime on Behalf of the City of Tomball. Motion carried unanimously. 8.7 Glenn Windsor presented information regarding the public hearing for the FY 2010-2011 Budget. Motion was made by Councilman Stoll, second by Councilman Quinn, to set August 2, 2010 as the Date of the Public Hearing Date for the City of Tomball's Proposed Budget for FY 2010-2011. Motion carried unanimously. 8.8 Motion was made by Councilman Stoll, second by Councilman Townsend, to appoint Richard Bruce as Alternate Member, Position 2 to the City of Tomball Board of Appeals (BOA). Motion carried unanimously. 8.9 Randy Parr presented information regarding proposed Resolution No. 2010-11. Motion was made by Councilman Townsend, second by Councilman Stoll, to approve Resolution No. 2010-11, a Resolution of the City Council of the City of Tomball, Texas, Adopting the Harris County All Hazard Mitigation Plan. Motion carried unanimously. 8.10 Doris Speer presented information regarding the request from the Chamber of Commerce. Motion was made by Councilman Quinn, second by Councilman Brown, to approve Resolution No. 2010-12, a Resolution of the City Council of the City of Tomball, Texas, Supporting the 38th Annual Tomball Night and Parade, to be held in Tomball on Friday, August 6, 2010. Motion carried unanimously. 8.11 Shawn Cox and Randy Parr presented information regarding the request from Hamilton Valley Management. Motion was made by Councilman Quinn, second by Councilman Stoll, to approve the Request from Hamilton Valley Management, Inc. for Renewed Support of Their Application for State of Texas Housing Tax Credits for Mid-Towne Apartments and to Authorize Mayor to Issue Letter of Support. Motion carried unanimously. 8.12 Robert Hauck presented the proposed Interlocal Agreement between the City and TISD. Motion was made by Councilman Townsend, second by Councilman Brown, to approve the 2010-2011 Interlocal Agreement between the City of Tomball and the Tomball Independent  Minutes Regular City Council Meeting July 6, 2010 Page 9 of 9 School District (TISD), affording the Tomball Police Department the ability to assign a Student Resource Officer (SRO) to a TISD Campus. Motion carried unanimously. 8.13 Robert Hauck presented the proposed Interlocal Agreement between the City and TISD. Motion was made by Councilman Townsend, second by Councilman Brown, to approve the Interlocal Agreement between the City of Tomball and the Tomball Independent School District, affording the Tomball Police Department the ability to provide police services on a contractual basis for specialized events occurring before, during and after the normal campus hours. Motion carried unanimously. 8.14 Robert Hauck presented his request for a substitute position. Motion was made by Councilman Townsend, second by Councilman Stoll, to authorize a Substitute Position Authority, on a Temporary Basis, to Cover Vacancy created by Long-term Absence of Tomball Police Officer, Paul Overcast. Motion carried unanimously. 8.15 Executive Session: The City Council recessed at 9:47 p.m. to meet in Executive Session as Authorized by Title 5, Chapter 551, Government Code, the Texas Open Meetings Act, for the Following Purpose: • Sec. 551.072 – Deliberations Regarding Real Property Upon reconvening in regular session at 10:23 p.m., no action was taken. 9.0 Motion was made by Councilman Townsend, second by Councilman Brown, for adjournment. Motion carried unanimously. Meeting adjourned. PASSED AND APPROVED this 19th day of July 2010. Doris Speer Gretchen Fagan Doris Speer, TRMC Gretchen Fagan City Secretary Mayor