City Council Regular Meeting
Regular MeetingTomball, TX · May 5, 2014
Minutes
MINUTES OF REGULAR CITY COUNCIL MEETING
CITY OF TOMBALL, TEXAS
MONDAY, MAY 5, 2014
6:00 P.M.
1.0 Call to Order
The Council meeting was called to order at 6:00 p.m. by Mayor Fagan. Other members
present were:
Councilman Hudgens
Councilman Stoll
Councilman Degges
Councilman Townsend
Councilman Dodson
Others present:
City Manager – George Shackelford
Assistant City Manager/Police Chief – Robert Hauck
City Secretary – Doris Speer
City Attorney – Loren B. Smith
Fire Chief – Randy Parr
Director of Public Works – David Kauffman
Marketing Director – Mike Baxter
Finance Director – Glenn Windsor
Community Development Director – Craig Meyers
City Engineer – Lori Lakatos
City Planner – Rebeca Guerra
Community Events Coordinator – Rosalie Dillon
Fire Marshall – Doug Sanguedolce
NWEMS Director – Brian Bayani
2.0 The invocation was led by Ted Ritz, Past Commander and Current Adjutant, American
Legion Past 127.
3.0 The pledges to the U. S. and Texas Flags were led by Members of the Tomball High
School Student Council. The National Anthem was performed by the Concordia
Lutheran High School Choir.
Minutes
Regular City Council Meeting
May 5, 2014
Page 2 of 6
4.0 Under public comments, a presentation was made by Luther Hill, 24805 Elmira, Tomball,
Texas, who presented a handcrafted walking stick to Mayor Gretchen Fagan.
5.0 Presentations:
• Proclamation – May 5, 2014 is “Concordia Lutheran High School Choir 2014
TAPPS 5A Champions Day”
• Proclamation – May 24, 2014 is “Class of ’64 – 50th Class Reunion Day”
• Proclamation - May 3-11, 2014 is “Texas Travel and Tourism Week - Tomball,
Texas”
• Proclamation - May 18-24, 2014 is “National Emergency Medical Services
Week; EMS: Dedicated. For Life.”
6.0 Reports and Announcements:
• April 28-May 6, 2014 – Early Voting for the May 10, 2014 Charter
Amendment Election
• May 6, 2014 (Tuesday) – Tomball Business and Technology Groundbreaking
Ceremony, 2:30 p.m. at 11526 Holderrieth Road
• May 10, 2014 – Charter Amendment Election – City Hall, 7:00 a.m.-7:00 p.m.
• May 10, 2014 – 2nd Saturday at the Depot – 6:00 p.m. – Disney’s “Enchanted”
• May 24, 2014 – 3rd Annual Memorial Day Weekend Chili Challenge - 12:00
Noon-5:00 p.m.
• June 26, 2014 – 20th Anniversary TEDC Luncheon at Lone Star College-
Tomball – 11:30 a.m.
• July 4, 2014 – July 4th Celebration and Street Party
• September 27, 2014 – 4th Annual Bugs, Brew & Barbeque Festival
• October 25, 2014 – 3rd Annual Tomball Bluegrass Festival
• Walk Tomball! – Every Saturday at 8:00 a.m. at the Depot (NOTE: New Time)
• Reports by City staff and members of council about items of community interest on
which no action will be taken:
◦ David Kaufman presented a report regarding the success of the Annual
Spring Clean-Up and Chipping Week and Tomball Consolidated
Recycling Day at LoneStar College-Tomball
◦ Mike Baxter presented a report regarding the success of the 3rd Annual
Rails & Tails Mudbug Festival
◦ Brian Bayani presented information regarding the May 10, 2014 ESD #8
Election
6.0 Motion was made by Councilman Dodson, second by Councilman Stoll, to approve the
Minutes of the April 21, 2014 Regular City Council Meeting.
Motion carried unanimously.
Minutes
Regular City Council Meeting
May 5, 2014
Page 3 of 6
8.0 Old Business:
8.1 Motion was made by Councilman Dodson, second by Councilman Townsend, to
adopt on Second Reading, Ordinance No. 2014-08, an Ordinance of the City of
Tomball, Texas, amending its Comprehensive Zoning Ordinance by granting a
Conditional Use Permit to Ronald and Amy Haffner to operate an accountant’s
office with one residential sleeping quarter; said property being approximately
0.68 acres, and being legally described as Lot 2, Block 2, Brown-Hufsmith
Commercial, generally located south of Brown Road between State Highway 249
and Quinn Road; 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 Hudgens Aye
Councilman Stoll Aye
Councilman Degges Aye
Councilman Townsend Aye
Councilman Dodson Aye
Motion carried unanimously.
Councilman Hudgens requested that City staff provide information regarding
reviving the Parks Committee and a master plan for parks.
8.2 Motion was made by Councilman Dodson, second by Councilman Stoll, to adopt
on Second Reading, Ordinance No. 2014-09, An Ordinance of the City of
Tomball, Texas, amending its Zoning Ordinance, by approving a Planned
Development District ("PDD") being approximately 34.86 acres of land, legally
described as Tracts 11M-4 and 12, Joseph Pruitt Survey; Lots 296 and 297,
Tomball Outlots; and Tracts 298A, 298B-1, 298C-1, 302A, 302B, 302E, 303A-1,
303C-1, 303D, 306B, & 311A, Tomball Outlots; within the City of Tomball,
Harris County, Texas; amending the official Zoning Map of the City to reflect the
PDD to be known as Planned Development District #6 (PDD-6); adopting a
Concept Plan and regulations applicable to PDD-6; 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 Hudgens Aye
Councilman Stoll Aye
Councilman Degges Aye
Councilman Townsend Aye
Councilman Dodson Aye
Minutes
Regular City Council Meeting
May 5, 2014
Page 4 of 6
Motion carried unanimously.
Consensus of Council was to request that the developers of PDD-6 consider and
re-evaluate the possibility of patio homes in the development.
8.3 Motion was made by Councilman Hudgens, second by Councilman Stoll, to adopt
on Second Reading, Ordinance No. 2014-10, an Ordinance Amending Chapter 14,
Buildings and Building Regulations, of the Code of Ordinances of the City of
Tomball, Texas, by Deleting Sections 14-35, International Building Code
Adopted, and 14-36, Amendments to the International Building Code, of Article
II, Building Code, and Adopting New Sections 14-35 and 14-36 Adopting the
International Building Code, 2012 Edition, and Making Amendments Thereto; by
Deleting Sections 14-65, International Mechanical Code Adopted, and 14-66,
Amendments to the International Mechanical Code, of Article III, Air
Conditioning and Mechanical Work, and Adopting New Sections 14-65 and 14-
66 Adopting the International Mechanical Code, 2012 Edition, and Making
Amendments Thereto; by Deleting Section 14-147, Supervision of Work, of
Subdivision I, Generally, of Division 3, Electricians, of Article IV, Electricity,
and Adopting a New Section 14-147; by Deleting Sections 14-185, License
Required, of Subdivision III, Master Electrician, of Division 3, Electricians, of
Article IV, Electricity, and Adopting New Section 14-185, License Required and
14-193, Insurance; by Deleting Section 14-210, License Required, of Subdivision
IV, Journeyman Electrician, of Division 3, Electricians, of Article IV, Electricity,
and Adopting a New Section 14-210, License Required; by Deleting Section 14-
230, License Required, of Subdivision V, Apprentice Electrician Registration, of
Subdivision 3, Electricians, of Article IV, Electricity, and Adopting a New
Section 14-210, License Required; by Deleting Sections 14-272, Death of Master
Electrician, and 14-284, Adoption, of Division 4, Permits and Inspections, of
Article IV, Electricity, and Adopting New Sections 14-272, Death of Master
Electrician, and 14-284, Adoption, Providing for the Adoption of the 2011 Edition
of the National Electrical Code, NFPA 70; by Deleting Sections 14-325,
International Residential Code Adopted, and 14-328, Amendments to the
International Residential Code, of Division 2, Housing Code, of Article V,
Housing, and Adopting New Sections 14-325 and 14-328 Adopting the
International Residential Code, 2012 Edition, and Making Amendments Thereto;
by Deleting Section 14-391, Bond, of Division 1, Generally, of Article VI,
Plumbing and Gas; by Deleting Sections 14-405, International Plumbing Code
Adopted, and 14-406, Amendments to the International Plumbing Code, of
Division 2, Codes, of Article VI, Plumbing and Gas, and Adopting New Sections
14-405 and 14-406 Adopting the International Plumbing Code, 2012 Edition, and
Making Amendments Thereto; Providing a Penalty in an Amount Not to Exceed
$2000 for Each Day of Violation Hereof; and Providing for Severability. Vote
was as follows:
Councilman Hudgens Aye
Minutes
Regular City Council Meeting
May 5, 2014
Page 5 of 6
Councilman Stoll Aye
Councilman Degges Aye
Councilman Townsend Aye
Councilman Dodson Aye
Motion carried unanimously.
8.4 Motion was made by Councilman Townsend, second by Councilman Hudgens, to
adopt, on Second Reading, Ordinance No. 2014-11, an Ordinance Amending the
Code of Ordinances of the City of Tomball, Texas by Deleting All of Article III,
Fire Prevention Code, of Chapter 34, Fire Prevention and Protection, and
Adopting a New Article III, Fire Prevention Code, Adopting the 2012 Edition of
the International Fire Code as Published by the International Code Council and
the 2012 Edition of the NFPA 101 as Published by the National Fire Protection
Association, and Making Local Amendments Thereto; by Deleting All of Article
IV, Standards for the Installation of Fire Sprinkler Systems, of Chapter 34, Fire
Prevention and Protection, and Adopting a New Article IV Adopting NFPA 13,
NFPA 13D, and NFPA 13R Standards, and Making Local Amendments Thereto;
Providing a Penalty in an Amount not to Exceed $2,000 for Each Day of
Violation Hereof; and Providing for Severability. Vote was as follows:
Councilman Hudgens Aye
Councilman Stoll Aye
Councilman Degges Aye
Councilman Townsend Aye
Councilman Dodson Aye
Motion carried unanimously.
9.0 New Business:
9.1 Motion was made by Councilman Dodson, second by Councilman Stoll, to
appoint Jo Ann Linzer as Chief Prosecutor for the Tomball Municipal Court,
with Term beginning June 1, 2014 and expiring August 15, 2016.
Motion carried unanimously.
9.2 Motion was made by Councilman Stoll, second by Councilman Dodson, to
approve the following plats as recommended by the Planning and Zoning
Commission:
• BRANIFF PLACE REPLAT; Being a Replat of Lots 32 and 33 of
Revised Map of Tomball, City of Tomball, Recorded Under Vol. 4, Pg. 25
of the Map Records of Harris County, Texas, located in the William Hurd
Survey, Abstract No. 371, Harris County, Texas.
Minutes
Regular City Council Meeting
May 5, 2014
Page 6 of 6
• RESERVE AT TOMBALL PARTIAL REPLAT NO. 1; A 47.260 Acre
Tract of Land; Being a Partial Replat of Reserve at Tomball as Recorded
Under Film Code No. 640133; H.C.M.R.; Being out of a Called 55.6484
Acre Tract Recorded Under Harris County Clerk's File No. 20100211861,
and a Called 4 Acre Tract Recorded Under H.C.C.F. No. Z177722 in the
Jesse Pruitt Survey, Abstract No. 629, City of Tomball, Harris County,
Texas.
Motion carried unanimously.
9.3 Consideration of Amendments to Administrative Policy No. 32, entitled "Pay and
Training Policy for Volunteer Fire Fighters", Revising the Pay and Training Policy
for Tomball Volunteer Firefighters, was moved to the May 19, 2014 agenda, upon
request of City staff.
No action taken.
Councilman Townsend requested an update on May 19, 2014 regarding enforcement of
the donation box ordinance and the sign ordinance, Chapters 42 and 60.
10.0 Motion was made by Councilman Townsend, second by Councilman Stoll, to adjourn.
Motion carried unanimously.
Meeting adjourned.
PASSED AND APPROVED this the 19th day of May 2014.
Doris Speer Gretchen Fagan
Doris Speer, TRMC, CMC Gretchen Fagan
City Secretary Mayor
Agenda
NOTICE OF REGULAR CITY COUNCIL MEETING
CITY OF TOMBALL, TEXAS
MONDAY, MAY 5, 2014
6:00 P.M.
Notice is hereby given of a Regular meeting of the Tomball City Council, to be held on
Monday, May 5, 2014 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 Ted Ritz, Past Commander and Current Adjutant, American
Legion Post 127
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:
• Proclamation – May 5, 2014 is “Concordia Lutheran High School Choir 2014
TAPPS 5A Champions Day”
• Proclamation – May 24, 2014 is “Class of ’64 – 50th Class Reunion Day”
• Proclamation - May 3-11, 2014 is “Texas Travel and Tourism Week - Tomball,
Texas”
Agenda
Regular City Council Meeting
May 5, 2014
Page 2 of 5
• Proclamation - May 18-24, 2014 is “National Public Works Week”
• Proclamation - May 18-24, 2014 is “National Emergency Medical Services
Week; EMS: Dedicated. For Life.”
6.0 Reports and Announcements:
• April 28-May 6, 2014 – Early Voting for the May 10, 2014 Charter
Amendment Election
• May 3-4, 2014 – 3rd Annual Rails & Tails Mudbug Festival - 11:00 a.m.-6:00 p.m.
• May 6, 2014 (Tuesday) – Tomball Business and Technology Groundbreaking
Ceremony, 2:30 p.m. at 11526 Holderrieth Road
• May 10, 2014 – Charter Amendment Election – City Hall, 7:00 a.m.-7:00 p.m.
• May 10, 2014 – 2nd Saturday at the Depot – 6:00 p.m. – Disney’s “Enchanted”
• May 24, 2014 – 3rd Annual Memorial Day Weekend Chili Challenge - 12:00
Noon-5:00 p.m.
• June 26, 2014 – 20th Anniversary TEDC Luncheon at Lone Star College-
Tomball – 11:30 a.m.
• July 4, 2014 – July 4th Celebration and Street Party
• September 27, 2014 – 4th Annual Bugs, Brew & Barbeque Festival
• October 25, 2014 – 3rd Annual Tomball Bluegrass Festival
• Walk Tomball! – Every Saturday at 8:00 a.m. at the Depot (NOTE: New Time)
• Reports by City staff and members of council about items of community interest on
which no action will be taken:
◦ David Kaufman - Annual Spring Clean-Up and Chipping Week and
Tomball Consolidated Recycling Day at LoneStar College-Tomball
◦ Brian Bayani – May 10, 2014 ESD #8 Election
7.0 Approve the Minutes of the April 21, 2014 Regular City Council Meeting
8.0 Old Business:
8.1 Adopt on Second Reading, Ordinance No. 2014-08, an Ordinance of the City of
Tomball, Texas, amending its Comprehensive Zoning Ordinance by granting a
Conditional Use Permit to Ronald and Amy Haffner to operate an accountant’s
office with one residential sleeping quarter; said property being approximately
0.68 acres, and being legally described as Lot 2, Block 2, Brown-Hufsmith
Commercial, generally located south of Brown Road between State Highway 249
and Quinn Road; 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
Agenda
Regular City Council Meeting
May 5, 2014
Page 3 of 5
8.2 Adopt on Second Reading, Ordinance No. 2014-09, An Ordinance of the City of
Tomball, Texas, amending its Zoning Ordinance, by approving a Planned
Development District ("PDD") being approximately 34.86 acres of land, legally
described as Tracts 11M-4 and 12, Joseph Pruitt Survey; Lots 296 and 297,
Tomball Outlots; and Tracts 298A, 298B-1, 298C-1, 302A, 302B, 302E, 303A-1,
303C-1, 303D, 306B, & 311A, Tomball Outlots; within the City of Tomball,
Harris County, Texas; amending the official Zoning Map of the City to reflect the
PDD to be known as Planned Development District #6 (PDD-6); adopting a
Concept Plan and regulations applicable to PDD-6; 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
8.3 Adopt on Second Reading, Ordinance No. 2014-10, an Ordinance Amending
Chapter 14, Buildings and Building Regulations, of the Code of Ordinances of the
City of Tomball, Texas, by Deleting Sections 14-35, International Building Code
Adopted, and 14-36, Amendments to the International Building Code, of Article
II, Building Code, and Adopting New Sections 14-35 and 14-36 Adopting the
International Building Code, 2012 Edition, and Making Amendments Thereto; by
Deleting Sections 14-65, International Mechanical Code Adopted, and 14-66,
Amendments to the International Mechanical Code, of Article III, Air
Conditioning and Mechanical Work, and Adopting New Sections 14-65 and 14-
66 Adopting the International Mechanical Code, 2012 Edition, and Making
Amendments Thereto; by Deleting Section 14-147, Supervision of Work, of
Subdivision I, Generally, of Division 3, Electricians, of Article IV, Electricity,
and Adopting a New Section 14-147; by Deleting Sections 14-185, License
Required, of Subdivision III, Master Electrician, of Division 3, Electricians, of
Article IV, Electricity, and Adopting New Section 14-185, License Required and
14-193, Insurance; by Deleting Section 14-210, License Required, of Subdivision
IV, Journeyman Electrician, of Division 3, Electricians, of Article IV, Electricity,
and Adopting a New Section 14-210, License Required; by Deleting Section 14-
230, License Required, of Subdivision V, Apprentice Electrician Registration, of
Subdivision 3, Electricians, of Article IV, Electricity, and Adopting a New
Section 14-210, License Required; by Deleting Sections 14-272, Death of Master
Electrician, and 14-284, Adoption, of Division 4, Permits and Inspections, of
Article IV, Electricity, and Adopting New Sections 14-272, Death of Master
Electrician, and 14-284, Adoption, Providing for the Adoption of the 2011 Edition
of the National Electrical Code, NFPA 70; by Deleting Sections 14-325,
International Residential Code Adopted, and 14-328, Amendments to the
International Residential Code, of Division 2, Housing Code, of Article V,
Housing, and Adopting New Sections 14-325 and 14-328 Adopting the
International Residential Code, 2012 Edition, and Making Amendments Thereto;
by Deleting Section 14-391, Bond, of Division 1, Generally, of Article VI,
Plumbing and Gas; by Deleting Sections 14-405, International Plumbing Code
Agenda
Regular City Council Meeting
May 5, 2014
Page 4 of 5
Adopted, and 14-406, Amendments to the International Plumbing Code, of
Division 2, Codes, of Article VI, Plumbing and Gas, and Adopting New Sections
14-405 and 14-406 Adopting the International Plumbing Code, 2012 Edition, and
Making Amendments Thereto; Providing a Penalty in an Amount Not to Exceed
$2000 for Each Day of Violation Hereof; and Providing for Severability.
8.4 Adopt, on Second Reading, Ordinance No. 2014-11, an Ordinance Amending the
Code of Ordinances of the City of Tomball, Texas by Deleting All of Article III,
Fire Prevention Code, of Chapter 34, Fire Prevention and Protection, and
Adopting a New Article III, Fire Prevention Code, Adopting the 2012 Edition of
the International Fire Code as Published by the International Code Council and
the 2012 Edition of the NFPA 101 as Published by the National Fire Protection
Association, and Making Local Amendments Thereto; by Deleting All of Article
IV, Standards for the Installation of Fire Sprinkler Systems, of Chapter 34, Fire
Prevention and Protection, and Adopting a New Article IV Adopting NFPA 13,
NFPA 13D, and NFPA 13R Standards, and Making Local Amendments Thereto;
Providing a Penalty in an Amount not to Exceed $2,000 for Each Day of
Violation Hereof; and Providing for Severability
.
9.0 New Business:
9.1 Appoint a Chief Prosecutor for the Tomball Municipal Court, with Term
Beginning June 1, 2014 and Expiring August 15, 2016
9.2 Approve the following plats as recommended by the Planning and Zoning
Commission:
• BRANIFF PLACE REPLAT; Being a Replat of Lots 32 and 33 of
Revised Map of Tomball, City of Tomball, Recorded Under Vol. 4, Pg. 25
of the Map Records of Harris County, Texas, located in the William Hurd
Survey, Abstract No. 371, Harris County, Texas.
• RESERVE AT TOMBALL PARTIAL REPLAT NO. 1; A 47.260 Acre
Tract of Land; Being a Partial Replat of Reserve at Tomball as Recorded
Under Film Code No. 640133; H.C.M.R.; Being out of a Called 55.6484
Acre Tract Recorded Under Harris County Clerk's File No. 20100211861,
and a Called 4 Acre Tract Recorded Under H.C.C.F. No. Z177722 in the
Jesse Pruitt Survey, Abstract No. 629, City of Tomball, Harris County,
Texas.
9.3 Approve Amendments to Administrative Policy No. 32, entitled "Pay and Training
Policy for Volunteer Fire Fighters", Revising the Pay and Training Policy for
Tomball Volunteer Firefighters
Agenda
Regular City Council Meeting
May 5, 2014
Page 5 of 5
10.0 Adjournment
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 2nd
day of May 2014 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.
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