City Council Regular Meeting

NOTICE OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS MONDAY, NOVEMBER 19, 2012 6:00 P.M. Notice is hereby given of a Regular meeting of the Tomball City Council, to be held on Monday, November 19, 2012 at 6:00 p.m., City Hall, 401 Market Street, Tomball, Texas 77375, for the purpose of considering the following agenda items. All agenda items are subject to action. The Tomball City Council reserves the right to meet in a closed session for consultation with attorney on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. 1.0 Call to Order 2.0 Invocation ● Led by Pastor Richard Jennings, River of Praise 3.0 Pledges to U. S. and Texas Flags ● Led by Members of the Tomball High School Student Council 4.0 Public Comments and Receipt of Petitions (At this time, anyone will be allowed to speak on any matter other than personnel matters or matters under litigation, for length of time not to exceed three minutes. No Council/Board discussion or action may take place on a matter until such matter has been placed on an agenda and posted in accordance with law.) 5.0 Presentations: ● New City of Tomball Police Department Employees o Police Officers: ƒ Tomeko Henagan ƒ Tuan-Anh Nguyen o Public Service Officers: ƒ Crystal Garrett ƒ Joshua Littell  Agenda Regular City Council Meeting November 19, 2012 Page 2 of 5 o Dispatchers: ƒ Shaunna Cundiff ƒ Patrick Tompkins 6.0 Reports and Announcements: ● December 7-9, 2012 – 2012 Tomball German Christmas Market ● December 10, 2012 – Christmas on Commerce – 2nd Saturday – 10:00 a.m.-6:00 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: ○ Mike Baxter - Bugs, Brew & Barbecue, VW Show and MusicFest Re-Do ○ Glenn Windsor – Quarterly Investment Report for Period Ending September 30, 2012 - The Public Funds Investment Act requires that a report of the City's investments be presented to Council on a quarterly basis. The investment report includes a listing of all investments together with information relating to diversification, cost vs. market values, yield information, and weighted average maturities. On September 30, 2012, the City had total cash equivalents and investments totaling $40,442,678. A copy of the report is attached for review. 7.0 Approve the Minutes of the November 5, 2012 Regular City Council Meeting 8.0 Old Business: 8.1 Second Public Hearing to Consider the Annexation of the Following Tracts of Land: ● TRACT ONE(B): Being a 0.610 acre tract of land out of the Jesse Pruitt Survey, Abstract No. 629 in Harris County, Texas, said 0.610 acre tract of land being all of the remainder of that 30 foot wide unnamed road lying between Lot 459, Lot 460, Lot 461, Lot 462, Lot 463, Lot 464, Lot 465, and Lot 466, as shown on said Tomball Townsite, as recorded in Volume 2, Page 65 of the Map Records of Harris County, Texas; ● TRACT ONE: Being a 3.143 acre tract of land out of the Jesse Pruitt Survey, Abstract No. 629 in Harris County, Texas, said 3.143 acre tract of land being all of that 3.1378 acre tract of land (by deed) deeded to Mary McGill Criner Adickes, Trustee, as recorded in Clerk’s File No. H271449 of the Official Public Records of Real Property of Harris County, Texas, said  Agenda Regular City Council Meeting November 19, 2012 Page 3 of 5 3.143 acre tract of land also being a portion of Lot 463, Tomball Townsite as recorded in Volume 2, Page 65 of the Map Records of Harris County, Texas; ● TRACT TWO: Being a 49.544 acre tract of land out of the Jesse Pruitt Survey, Abstract No. 629 in Harris County, Texas, said 49.544 acre tract of land being all of that 49.547 acre tract of land (by probate) conveyed to Ronald J. Collins, Donald Claude Childress, Roy A. Johlke, and Susan Lorraine Dietz Varsel, Individually and as Administrator of the Estate of Adell G. Dietz, also known as Adell G. Johlke Dietz, deceased, by Cause No. 407636 of the Probate Records of Harris County, Texas, said 49.544 acre tract of land also being a portion of Lot 448, Lot 449, Lot 460, Lot 461, the remainder of Lot 447, the remainder of Lot 459, the remainder of Lot 462, the remainder of Lot 464, the remainder of Lot 465, and the remainder of Lot 466, Tomball Townsite, as recorded in Volume 2, Page 65 of the Map Records of Harris County, Texas; ● TRACT THREE: Being a 23.624 acre tract of land out of the Jesse Pruitt Survey, Abstract No. 629 in Harris County, Texas, said 23.624 acre tract of land being all of that 23.5935 acre tract of land (by deed) deeded to Cypressbrook 2920, LP, as recorded in Document No. 20070522269 of the Official Public Records of Real Property of Harris County, Texas, said 23.624 acre tract of land being more particularly described by metes and bounds as follows; and ● TRACT FOUR: Being a 20.021 acre tract of land out of the Jesse Pruitt Survey, Abstract No. 629 in Harris County, Texas, said 20.021 acre tract of land being a portion of the remainder of a 23.6963 acre tract of land (by deed) deeded to ABCO Land Corporation as recorded in Document No. 200265255 of the Official Public Records of Real Property of Harris County, Texas. 8.2 Adopt, on Second Reading, Ordinance No. 2012-47, an Ordinance Amending the Code of Ordinances of the City of Tomball, Texas, by Adding a New Chapter 27. Establishing Emergency Medical Services and Ambulance Regulations; Providing a Penalty in an Amount Not to Exceed $2,000.00 for Any Violation of Any Provision of This Ordinance; Repealing All Ordinances or Parts of Ordinances Inconsistent or in Conflict Herewith; and Providing for Severability 8.3 Adopt, on Second Reading, Ordinance No. 2012-49, an Ordinance Amending the Code of Ordinances of the City of Tomball, Texas, by Amending Section 14-293, Special Provisions, of Division 4, Permits and Inspections, of Article IV, Electricity, of Chapter 14, Buildings and Building Regulations, to Allow  Agenda Regular City Council Meeting November 19, 2012 Page 4 of 5 Aluminum Conductors to be Installed Underground from Pole to Pole or from Pole to Outside Electrical Box Not Attached to a Structure; Providing a Penalty of Up to $2,000.00 for Each Violation of Any Provision Hereof; Providing for Severability; Providing for the Publication of This Ordinance; and Making Other Findings and Provisions Related Thereto 9.0 New Business: 9.1 Approve Request by City of Tomball to Harris County Toll Road Authority for the Removal of the Direct Connector over Holderrieth Road at SH 249 Business and Authorize the City Manager to Issue Letter 9.2 Consideration to approve ZONING CASE P12-510: City-initiated text amendment to the Tomball Comprehensive Zoning Ordinance (Ordinance No. 2008-01) to amend Section 42.4 (“Fences in Residential Areas”). ● Conduct a Public Hearing on ZONING CASE P12-510 ● Adopt on First Reading, Ordinance No. 2012-51, an Ordinance of The City of Tomball, Texas, Amending Its Comprehensive Zoning Ordinance by Amending Section 42.4 (“Fences In Residential Areas”); 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 9.3 Approve Recommended Fees for Ambulance Permitting and Inspection Processes 9.4 Approve Purchase of Kubota 4WD Cab Tractor with Terrain King 5' Slope Mower for the Street Department, from Kubota Tractor Corporation in the Amount of $78,655.20 9.5 Consideration to Approve VALLEY TREE SUBDIVISION FINAL PLAT: A 16.9782-Acre Tract of Land Situated in the John S. Smith Survey, Abstract No. 730, in Harris County, Texas, Being out of a Certain 21.9206 Acre Tract; Being Part of a 52.0-Acre Tract described in Volume 1720, Page 43 of the Harris County Deed Records, Harris County, Texas 9.6 Executive Session as Authorized by Title 5, Chapter 551, Government Code, the Texas Open Meetings Act, for the Following Purpose(s): • Sec. 551.071 – Consultation with Attorney regarding Potential Litigation • Sec. 551.072 – Deliberations regarding Real Property 10.0 Adjournment  Agenda Regular City Council Meeting November 19, 2012 Page 5 of 5 CERTIFICATION I hereby certify that the above notice of meeting was posted on the bulletin board of City Hall, City of Tomball, Texas, a place readily accessible to the general public at all times, on the 15th day of November 2012 by 6:00 p.m., and remained posted for at least 72 continuous hours preceding the scheduled time of said meeting. Doris Speer Doris Speer City Secretary, TRMC, CMC This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary’s office at (281) 290-1002 or FAX (281) 351-6256 for further information. AGENDAS MAY BE VIEWED ONLINE AT www.ci.tomball.tx.us.