City Council Regular Meeting

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS MONDAY, OCTOBER 17, 2011 6:00 P.M. 1.0 Call to Order The Council meeting was called to order by Mayor Gretchen Fagan. Other members present were: Councilman Stoll Councilman Brown Councilman Townsend Councilman Dodson Councilman Hudgens Others present: City Manager – George Shackelford Assistant City Manager – Christal Weber City Secretary – Doris Speer City Attorney – Loren Smith Police Chief – Robert Hauck Director of Public Works – David Kauffman Assistant City Engineer – Lori Lakatos Fire Chief – Randy Parr Finance Director – Glenn Windsor Assistant City Planner – Rodney Schmidt Marketing Director – Mike Baxter Community Events Coordinator – Rosalie Dillon Chief-NWEMS – Brian Petrilla 2.0 The invocation was led by Brother James Roberson, Hufsmith Church of Christ 3.0 Pledges to U. S. and Texas Flags were led by Courtlynn Noack and Samuel Freeman, Members of the Tomball High School Student Council  Minutes Regular City Council Meeting October 17, 2011 Page 2 of 7 4.0 The following public comments were received: Marie Heffernan - Requested that the City issue proclamations for 13615 Country Meadows, 77375 each new birth in Tomball Rodney Hutson - Expressed his support for the proposed tax rate 9431 Rosie Lane, 77354 increase Mary Harvey - Expressed her support for the proposed tax rate 405 S. Walnut, 77375 increase Pat Bailey - Expressed her support for the proposed tax rate 1319 Dove Trails, 77375 increase Jim McKinney - Expressed his support for the proposed tax rate 1306 Dove Trails, 77375 increase Jack Ripley - Expressed his opposition to the proposed tax rate 14134 Castor Street, 77375 increase Bruce Hillegeist - Expressed his support for Resolution 2011-21, 20339 Telge, 77377 regarding the 46th Annual Tomball Holiday Parade 5.0 Reports and Announcements: ● Farmers Market – 9 a.m.-1:00 p.m. (Every Saturday, September 10-November 12) ● October 22, 2011 – 2nd Annual American Heart Association’s Northwest Harris County Virtual Heart Walk to support the American Heart Association – 9:30 a.m.; Heart Walk routes (1, 2 or 3 mile options) begin at The Heart Center at Tomball Regional (north entrance; use free parking garage or adjacent lots) ● October 24, 2011 – Tourism Advisory Committee Meeting – moved to 4:00 p.m. ● October 24, 2011 – Special Council and Planning and Zoning Commission Meeting regarding the Downtown Specific Plan – 6:00 p.m. ● October 28-29, 2011 – Fire Department Fall Festival, 709 West Main – 7:00 p.m.- 12:00 Midnight ● November 1, 2011 – Mayor’s Coffee, 5:30 p.m.–7:00 p.m., Nona’s Italian Grill ● November 7, 2011 - Appointments to Tourism Advisory Committee for Terms expiring December 5, 2011 ● November 12, 2011 – 2nd Saturday at the Depot – 5:00 p.m. ● November 19, 2011 – 46th Annual Holiday Parade – 10:00 a.m. ● November 19, 2011 - Special Walk Tomball in the Holiday Parade behind the Walk Tomball! It’s a Wonderful Life banner – 10:00 a.m.  Minutes Regular City Council Meeting October 17, 2011 Page 3 of 7 ● November 19, 2011 – Tomball Art Walk, 2:00 p.m.–6:00 p.m.; Free Concert at the Depot, 5:00 p.m.–7:30 p.m. ● Walk Tomball! (Every Saturday at 9:00 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 ○ David Kauffman - Fall Cleanup Week and E-Waste and Shredding Event ○ Mike Baxter – October 8, 2011 2nd Saturday at the Depot "Spooktacular" and October 15, 2011 Tomball Art Walk 6.0 Motion was made by Councilman Townsend, second by Councilman Brown, to approve the minutes of the following meetings: ● Regular Council Meeting – October 3, 2011 ● Special Council Meeting – October 10, 2011 Motion carried unanimously. 7.0 New Business: 7.1 Doris Speer presented the proposed Resolution. Motion was made by Councilman Dodson, second by Councilman Townsend, to approve Resolution No. 2011-21, a Resolution of the City Council of the City of Tomball, Texas, Supporting the 46th Annual Tomball Holiday Parade, “All Texas, All the Time” to be held in Tomball on Saturday, November 19, 2011 and to Approve Requested Street Closures and In-kind Services. Motion carried unanimously. 7.2 George Shackelford presented the City Manager's Amendment to the Amended Vested Rights Determination Letter dated September 21, 2011, regarding Timkin Office Park/Chestnut Business Park. Motion was made by Councilman Brown, second by Councilman Stoll, to receive the City Manager's Amendment to the Amended Vested Rights Determination Letter dated September 21, 2011, regarding Timkin Office Park/Chestnut Business Park. Motion carried unanimously. 7.3 Motion was made by Councilman Dodson, second by Councilman Brown, to adopt $0.230000 as Portion of the Tax Rate for the Interest and Sinking (Debt Service) Fund for FY 2012. Vote was as follows: Councilman Hudgens Aye Councilman Stoll Nay Councilman Brown Aye Councilman Townsend Nay  Minutes Regular City Council Meeting October 17, 2011 Page 4 of 7 Councilman Dodson Aye Motion carried, 3 votes Aye, 2 votes Nay. 7.4 Motion was made by Councilman Brown, second by Councilman Dodson, to adopt $0.111455 as the Portion of the Tax Rate to Fund Maintenance and Operations (M&O) for FY 2012. Motion carried unanimously. 7.5 Motion was made by Councilman Dodson, second by Councilman Brown, to read Ordinance No. 2011-19 by caption only on First Reading. Motion carried unanimously. Motion was made by Councilman Dodson, second by Councilman Hudgens, to adopt, on First Reading, Ordinance No. 2011-19, an Ordinance of the City of Tomball, Texas, Setting the Tax Levy of $0.341455/$100 Value Assessed for the Year 2011 on All Taxable Real and Personal Property Located in the City of Tomball, Texas; Allowing for Homestead Exemptions for Property Owners Sixty-Five Years of Age and Over, and for Property Owners Who Qualify for Disability Benefits Under the Federal Old Age, Survivors, and Disability Insurance Program; Providing for Penalty, Interest, and Additional Penalty on Taxes Not Timely Paid; and Providing Other Matters Relating to the Subject. Vote was as follows: Councilman Stoll Nay Councilman Brown Aye Councilman Townsend Nay Councilman Dodson Aye Councilman Hudgens Aye Motion carried, 3 votes Aye, 2 votes Nay. . George Shackelford requested that Items 7.6 and 7.7 be postponed to allow City staff to gather additional information. Motion was made by Councilman Brown, second by Councilman Dodson to postpone the public hearing and consideration of Ordinance No. 2011-24 until City staff has gathered additional information. 7.6 Public Hearing regarding Proposed Ordinance No. 2011-24, Opting Out of the “Super Freeport Exemption” created by Senate Bill 1 and Providing for the Taxation of Tangible Personal Property in Transit ("Goods-in-Transit"). Public Hearing postponed.  Minutes Regular City Council Meeting October 17, 2011 Page 5 of 7 7.7 Adopt, on First Reading, Ordinance No. 2011-24, an Ordinance of the City of Tomball, Texas, Providing for the Taxation of Tangible Personal Property in Transit, which would otherwise be Exempt from Taxation Pursuant to Texas Tax Code, Section 11.253; Repealing all Ordinances or Parts of Ordinances Inconsistent or In Conflict Herewith; and Providing for Severability. Consideration of Ordinance No. 2011-24 postponed. 7.8 Rodney Schmidt presented the staff report on ZONING CASE P11-354: Request by Abandoned Animal Rescue to amend the City’s Comprehensive Zoning Ordinance to rezone approximately 5 acres of land, legally described as Lot 61, Tomball Outlots, within the City of Tomball, Harris County, Texas, generally located northerly of Hufsmith Road, westerly of the unimproved Neal Street right-of-way, from the Single- Family Estate Residential-20 District to the Agricultural District. • Mayor Fagan opened the Public Hearing on ZONING CASE P11-354 at 6:39 p.m.; the following public comments were received: Pat Mackinnon - Expressed her support for the rezoning Executive Director, AAR request. 23310 Oak Hollow, 77377 Angie Fenton - Requested that Ms. Mackinnon speak on 10102 Crestwater Circle, 77354 her behalf regarding her support for the rezoning request. Louise Owens - Expressed her opposition to the rezoning 503 E. Hufsmith, 77375 request. George O. Rager - Expressed his support for the rezoning 22123 Rosewood Trail, 77377 request. No further public comments being received, Mayor Fagan closed the public hearing at 6:48 p.m. ● Motion was made by Councilman Townsend, second by Councilman Brown, to read Ordinance No. 2011-25 by caption only on First Reading. Motion carried unanimously. Motion was made by Councilman Stoll, second by Councilman Townsend, to adopt on First Reading, Ordinance No. 2011-25, an Ordinance of the City of  Minutes Regular City Council Meeting October 17, 2011 Page 6 of 7 Tomball, Texas, Amending its Comprehensive Zoning Ordinance by changing the Zoning District Classification of approximately 5 acres of land, legally described as lot 61, Tomball Outlots, within the City of Tomball, Harris County, Texas, from the Single-Family Estate Residential-20 District to the Agricultural District; Said property being generally located Northerly of Hufsmith Road, Westerly of the unimproved Neal Street Right-of-Way; Providing for the Amendment of the Official Zoning Map of the City; Providing for severability; Providing for a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof, Making findings of fact; and providing for other related matters. Vote was as follows: Councilman Townsend Aye Councilman Dodson Aye Councilman Hudgens Aye Councilman Stoll Aye Councilman Brown Aye Motion carried unanimously. 7.9 Rodney Schmidt presented the staff report on ZONING CASE P11-359: Request by Richard Middleton, on behalf of M.H.B. Holdings LLC, for a Conditional Use Permit to operate a “Carpet and Rug Cleaning Plant.” The property is an approximately 0.3214 acre site, legally described as Lot 2, Block 66, Tomball Townsite Amending Plat, generally located on the westerly side of Live Oak Street, northerly of Main Street at 212 East Main Street, Tomball, Texas. The site is located in the Old Town & Mixed Use District. • Mayor Fagan opened the Public Hearing on ZONING CASE P11-359 at 7:08 p.m.; the following public comment was received: Donald Downey - Expressed his support for the rezoning 29918 Keen, 77377 request No further public comments being received, Mayor Fagan closed the public hearing at 7:14 p.m. • Motion was made by Councilman Stoll, second by Councilman Brown, to read Ordinance No. 2011-26 by caption only on First Reading. Motion carried unanimously. ● Motion was made by Councilman Stoll, second by Councilman Brown, to adopt on First Reading, Ordinance No. 2011-26, an Ordinance of the City of Tomball, Texas, Amending its Comprehensive Zoning Ordinance by granting a Conditional  Minutes Regular City Council Meeting October 17, 2011 Page 7 of 7 Use Permit to M.H.B. Holdings LLC, to operate a “carpet and rug cleaning plant”; Said tract being an approximately 0.3214 acre site, and being legally described as lot 2, block 66, Tomball Townsite Amending Plat, generally located on the Westerly side of Live Oak Street, Northerly of Main Street at 212 East Main Street, Tomball, Texas; Providing requirements and conditions for this Conditional Use Permit; Containing findings and other provisions relating to the subject; Providing a penalty in an amount not to exceed two thousand dollars for violations hereof; and providing for severability. Vote was as follows: Councilman Dodson Aye Councilman Hudgens Aye Councilman Stoll Aye Councilman Brown Aye Councilman Townsend Aye Motion carried unanimously. 8.0 Motion was made by Councilman Townsend, second by Councilman Dodson, to adjourn. Motion carried unanimously. Meeting adjourned. PASSED AND APPROVED this 7th day of November 2011. Doris Speer Gretchen Fagan Doris Speer, TRMC Gretchen Fagan City Secretary Mayor