City Council Regular Meeting

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS MONDAY, MAY 2, 2016 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: Councilman Hudgens Councilman Townsend Councilman Degges Councilman Klein Quinn Councilman Stoll Others present: City Manager – George Shackelford Assistant City Manager – Robert Hauck City Secretary – Doris Speer City Attorney – Loren Smith Fire Chief – Randy Parr Finance Director – Glenn Windsor Public Works Director – David Esquivel Director of Community Development – Craig Meyers City Planner – Harold Ellis Assistant City Planner – Amelia Lindley Community Center Manager – Rosalie Dillon Executive Director-TEDC – Kelly Violette Coordinator-TEDC – Tiffani Wooten CSO Administrative Assistant – Tracy Garcia Police Detective – Kenneth Yoho Police Lieutenant – Danny Arriaga Police Sergeant – Shon Davis 2.0 The invocation was led by Pastor Dustin Reitzel, Woodlands Church, Tomball Campus.  Minutes Regular City Council Meeting May 2, 2016 Page 2 of 7 3.0 The pledges to U. S. and Texas Flags were led by Robert Hauck and Randy Parr. A moment of silence was led by Mayor Fagan in honor of Diane Holland, former Councilman. 4.0 The following public comments were received: Albert Thomas - Requested support for the TEAM Food Drive, 24903 Elmira, 77377 sponsored by “Men Who Set Trends” to benefit TEAM, to be held May 16-21, 2016 Charlie Fenner - Requested support for amendment to City’s 12303 Preece Court, 77429 Code regarding donation boxes, to allow the Blake Bartlett donation box at Concordia Lutheran High School. 27914 Waller Spring Creek, 77484 5.0 Presentations: Mayor Fagan presented a proclamation to the Tomball Economic Development Corporation for “Economic Development Week” – May 8-14, 2016. 6.0 Reports and Announcements:  May 5, 2016 – National Day of Prayer at the Depot – 12 Noon  May 14, 2016 – Ribbon Cutting and Open House at Fire Station 5, 19900 Telge Road  May 14, 2016 – 2nd Saturday at the Depot  May 28, 2016 – Tomball Chili Challenge 2016 at the Depot  June 4, 2016 – Tomball Honky Tonk Music Festival at the Depot  June 23, 2016 – 8th Annual Economic Outlook Luncheon, sponsored by the Tomball Economic Development Corporation at Lone Star College-Tomball – 11:30 a.m.-1:30 p.m.  July 4, 2016 – July Fourth Celebration & Street Festival – Business 249 at FM 2920  Reports by City staff and members of Council about items of community interest on which no action will be taken: ◦ Randy Parr reported on the success of the Shattered Lives Event at Tomball High School. ◦ David Esquivel reported on the success of the Annual Spring Clean-Up and Chipping Week and Tomball Consolidated Recycling Day Events. ◦ Glenn Windsor presented the Quarterly investment report for period ending March 31, 2016. 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 March 31, 2016, the City had total cash equivalents and investments totaling $51,513,436. A copy of the report was provided for review.  Minutes Regular City Council Meeting May 2, 2016 Page 3 of 7 7.0 Motion was made by Councilman Townsend, second by Councilman Klein Quinn, to approve the Minutes of the April 25, 2016 Regular City Council Meeting. Motion carried unanimously. 9.0 New Business Request was made by Councilman Townsend to move Item 9.6 to allow discussion with the Concordia Lutheran High School students. Hearing no objections, Mayor Fagan moved Item 9.6 forward: 9.6 Discussion was held regarding Chapter 42, Health and Sanitation, Regarding Regulation of Donation Containers. Consensus of Council was unanimous to amend the Code and City Staff was directed to bring recommendations/proposed amendments to Council for consideration and action. No action taken. 8.0 Old Business: 8.1 Motion was made by Councilman Degges, second by Councilman Stoll, to adopt, on Second Reading, Ordinance No. 2016-05, an Ordinance of the City of Tomball, Texas, Amending Chapter 50 (Zoning) of the Tomball Code of Ordinances by Changing the Zoning District Classification of Approximately 13.1 Acres of Land, Legally Described as 5.001 Acres H.C.C.F. No. X733739 Portion of Lots 487, 488, & 489 and 8.1479 Acres H.C.C.F. No. U200671 Portion of Lots 487, 488 & 489 Tomball Townsite Volume 2, Page 65 M.R.H.C., within the City of Tomball, Harris County, Texas, from the Agricultural District to the Commercial District; Said Property Being Generally Located on the East Side of Hufsmith-Kohrville, South of The Estates at Willow Creek Subdivision; 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. The following public comments were received: Robert White - Expressed his opposition to approval of the 11014 N. Club Green, 77375 zoning reclassification. Todd Johnson - Expressed his opposition to approval of the 30614 Quinn Road, 77375 zoning reclassification. Leigh Anne Maxwell - Expressed her opposition to approval of the 10934 S. Country Club Green, 77375 zoning reclassification.  Minutes Regular City Council Meeting May 2, 2016 Page 4 of 7 Cressie Wright - Requested that her opposition to the zoning 11311 Misty Willow, 77375 reclassification be read into the record. Mitchell Forrest - Requested that his opposition to the zoning 11110 S. Country Club Green, 77375 reclassification be read into the record. Andrew Canales - Requested that his opposition to the zoning 11114 S. Country Club Green, 77375 reclassification be read into the record. Fredrick Westling - Requested that his opposition to the zoning 11214 N. Country Club Green, 77375 reclassification be read into the record. Jerry Calhoon - Requested that his opposition to the zoning 11002 N. Country Club Green, 77375 reclassification be read into the record. Sally Calhoon - Requested that her opposition to the zoning 11002 N. Country Club Green, 77375 reclassification be read into the record. Richard N. Merchant - Requested that his opposition to the zoning 11006 N. Country Club Green, 77735 reclassification be read into the record. Eric Hobbs - Requested that his opposition to the zoning 11018 N. Country Club Green, 77375 reclassification be read into the record. Jay Judge - Requested that his opposition to the zoning 11104 N. Country Club Green, 77375 reclassification be read into the record. Meghan Raney - Requested that her opposition to the zoning 11311 Misty Willow, 77375 reclassification be read into the record. Patty Zachary - Requested that her opposition to the zoning 10909 S. Country Club Green, 77375 reclassification be read into the record. Kristi Zadik - Requested that her opposition to the zoning 21602 Country Club Green, 77375 reclassification be read into the record. Katie Jones - Requested that her opposition to the zoning 21502 Country Club Green Circle reclassification be read into the record. Sandra Glasscock - Requested that her opposition to the zoning 11056 Crestbrook Park, 77375 reclassification be read into the record. Angelynn Johnson - Requested that her opposition to the zoning 30614 Quinn Road, 77375 reclassification be read into the record.  Minutes Regular City Council Meeting May 2, 2016 Page 5 of 7 Les Coker - Requested that his opposition to the zoning 11102 N. Country Club Green, 77375 reclassification be read into the record. Patricia Killough - Email - Requested that her opposition to the 11210 N. Country Club Green, 77375 zoning reclassification be read into the record. Johnny Johnson - Email - Requested that his opposition to the 21619 Country Club Green, 77375 zoning reclassification be read into the record. Neil and Karen Guiles - Email - Requested that their opposition to 22303 Willow Creek Bridge, 77375 the zoning reclassification be read into the record. Derek Townsend, Sr. - Speaking as citizen, expressed his 30618 Williams Juergens, 77375 opposition to the zoning reclassification. Motion was made by Councilman Hudgens, second by Councilman Klein Quinn to Move the Previous Question. Motion carried unanimously. Vote on Main Motion, to adopt, on Second Reading, Ordinance No. 2016-05, an Ordinance of the City of Tomball, Texas, Amending Chapter 50 (Zoning) of the Tomball Code of Ordinances by Changing the Zoning District Classification of Approximately 13.1 Acres of Land, Legally Described as 5.001 Acres H.C.C.F. No. X733739 Portion of Lots 487, 488, & 489 and 8.1479 Acres H.C.C.F. No. U200671 Portion of Lots 487, 488 & 489 Tomball Townsite Volume 2, Page 65 M.R.H.C., within the City of Tomball, Harris County, Texas, from the Agricultural District to the Commercial District; Said Property Being Generally Located on the East Side of Hufsmith-Kohrville, South of The Estates at Willow Creek Subdivision; 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, was as follows: Councilman Hudgens Nay Councilman Stoll Aye Councilman Degges Aye Councilman Townsend Abstain Councilman Klein Quinn Nay A tie resulting, Mayor Fagan cast her vote to break the tie: Aye Motion carried, 3 votes Aye, 2 votes Nay.  Minutes Regular City Council Meeting May 2, 2016 Page 6 of 7 Mayor Fagan called a 10-minute recess at 7:35 p.m. Upon reconvening into regular session at 7:45 p.m., the following items were considered: 9.0 New Business: 9.1 Motion was made by Councilman Townsend, second by Councilman Stoll, to award Contract for City of Tomball Project No. 2016-01, 2016 W. Main Sidewalk Annual Maintenance & Repair Project, to Core Stone Construction Services for the Base Bid Amount of $48,830.00. Motion carried unanimously. 9.2 Motion was made by Councilman Townsend, second by Councilman Stoll, to award Contract for City of Tomball Project No. 2016-13, Market Street and Walnut Street Sidewalk and Paving, to Site Work Contractors, LLC for the Base Bid Amount of $111,535.00. Motion carried unanimously. 9.3 Motion was made by Councilman Degges, second by Councilman Townsend, to award Contract for Project No. 2016-17 for the Purchase of Two (2) Work Trucks, in the Amount of $54,670.00 to Caldwell Country. Motion carried unanimously. 9.4 Motion was made by Councilman Townsend, second by Councilman Hudgens, to approve Resolution No. 2016-08, a Resolution of the City Council of the City of Tomball, Texas, Sponsoring the July 4th Celebration, to be held in Tomball on Monday, July 4, 2016, Closing State Highway Business 249 from Hicks Street to the North Entrance to the Kroger Parking Lot from 3:00 PM until 11:00 PM, and Authorizing the City Manager to issue a Letter to TxDOT Requesting the Closure of the Designated Portion of State Highway Business 249. Motion carried unanimously. 9.5 Motion was made by Councilman Townsend, second by Councilman Stoll, to authorize the City Manager to Request that Harris County Commissioners Court Enter into an Interlocal Agreement with the City of Tomball for Harris County to Provide Contingency Debris Removal Services to the City of Tomball in the Event of a Disaster Incident. Motion was made by Councilman Townsend, second by Councilman Klein Quinn, to Move the Previous Question. Motion carried unanimously.  Minutes Regular City Council Meeting May 2, 2016 Page 7 of 7 Vote was cast on Main Motion, to authorize the City Manager to Request that Harris County Commissioners Court Enter into an Interlocal Agreement with the City of Tomball for Harris County to Provide Contingency Debris Removal Services to the City of Tomball in the Event of a Disaster Incident. Motion carried unanimously. 10.0 Motion was made by Councilman Hudgens, second by Councilman Stoll, to adjourn. Motion carried unanimously. Meeting adjourned. PASSED AND APPROVED this the 16th day of May 2016. Doris Speer Gretchen Fagan Doris Speer, TRMC, CMC Gretchen Fagan City Secretary Mayor