City Council Regular Meeting

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS MONDAY, DECEMBER 18, 2017 6:00 P.M. 1.0 Call to Order The Council meeting was called to order at 6:00 p.m. by Mayor Pro Tem Klein Quinn. Other members present: Councilman Ford Councilman Stoll Councilman Degges Councilman Townsend Members absent: Mayor Fagan - Excused Others present: City Manager – George Shackelford City Secretary – Doris Speer City Attorney – Loren B. Smith Fire Chief – Randy Parr Marketing Director – Mike Baxter Director of Public Works – David Esquivel Director of Community Development – Craig Meyers City Engineer – Beth Jones City Planner – Amelia Lindley Assistant City Secretary – Tracy Garcia Community Events Coordinator – Denise Fiore Community Center Director – Rosalie Dillon CSO Admin. Assistant – Ruth Tapley CSO Admin. Assistant – Sasha Robinson Police Officer-Investigations – Gary Hammond 2.0 The invocation was led by Pastor Kenny Rodgers, Anointed Faith Family Church, Tomball. 3.0 The pledges to U. S. and Texas Flags were led by Fire Chief, Randy Parr.  Minutes Regular City Council Meeting December 18, 2017 Page 2 of 6 4.0 The following public comments were received: Wayne Nagel - Expressed his concerns regarding drainage issues on his 12929 Zion Road, 77375 property, created by new development to the west; advised he is considering possible litigation. 5.0 Reports and Announcements: ● December 25-26, 2017 – Christmas Holidays – City offices closed ● January 1, 2017 – New Year’s Day Holiday – City offices closed ● Reports by City staff and members of council about items of community interest on which no action will be taken: ◦ Denise Fiore – Report on success of “Christmas on Commerce” ◦ Doris Speer – City Secretary’s Office has received the “2017 Exemplary Five Star” Award from Texas Department of Vital Statistics – 7th Year 6.0 Motion was made by Councilman Stoll, second by Councilman Townsend, to approve the Minutes of the December 4, 2017 Regular Tomball City Council Meeting. Motion carried unanimously. 7.0 Old Business: 7.1 Motion was made by Councilman Townsend, second by Councilman Stoll, to approve, on Second Reading, Ordinance No. 2017-41, an Ordinance of the City of Tomball, Texas, Finding and Determining that Public Convenience and Necessity No Longer Require the Continued Existence of a Part of Florence Street Between Elm Street and the Burlington Northern Railroad, All Situated in the William Hurd Survey, Abstract Number 371, Harris County, Texas, and as Recorded in Volume 004, Page 25 of the Map Records of Harris County, Texas; Vacating, Abandoning, and Closing Said Street Right-of-Way; Providing for Severability; and Containing Other Provisions Relating to the Subject. Vote was as follows: Councilman Ford Aye Councilman Stoll Aye Councilman Degges Aye Councilman Townsend Aye Councilman Klein Quinn Aye Motion carried unanimously.  Minutes Regular City Council Meeting December 18, 2017 Page 3 of 6 8.0 New Business: 8.1 Motion was made by Councilman Townsend, second by Councilman Ford, to approve Professional Services Agreement with Gunda Corporation in the Amount of $66,909.40 for the Design and Construction of a Parking Lot Expansion at the Wayne Stovall Sports Complex. Motion carried unanimously. 8.2 Consideration to Approve Zoning Case P17-0131: Request by Marie Reynolds to amend Chapter 50 (Zoning) of the Tomball Code of Ordinances by rezoning approximately 0.35 acres of land legally described as Tract 6 Block 2 Hirschfield Farms Sec 1 U/R within the City of Tomball, Harris County, Texas, generally located south of Hirschfield Road between SH 249 and High Meadow Road, from the Agricultural District to the Commercial District. • Mayor Pro Tem Klein Quinn called the Public Hearing to order at 6:17 p.m. for Zoning Case P17-0131. Receiving no public comments, Mayor Pro Tem Klein Quinn closed the Public Hearing at 6:19 p.m. • Motion was made by Councilman Townsend, second by Councilman Stoll, to read Ordinance No. 2018-02 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. 2018-02, 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 0.35 Acres of Land, Legally Described Tract 6 Block 2 Hirschfield Farms Sec 1 U/R, within the City of Tomball, Harris County, Texas, from the Agricultural District to the Commercial District; Said Property being generally Located on the South of Hirschfield Road between SH 249 and High Meadow Road; 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 Ford Aye Councilman Stoll Aye Councilman Degges Aye  Minutes Regular City Council Meeting December 18, 2017 Page 4 of 6 Councilman Townsend Aye Councilman Klein Quinn Aye Motion carried unanimously. 8.3 Consideration to Approve Zoning Case P17-0137: Request by Lance Langenhoven to amend Chapter 50 (Zoning) of the Tomball Code of Ordinances by rezoning approximately 5.8588 acres of land legally described as Lot 61 Block 1 Abandoned Animal Rescue Replat within the City of Tomball, Harris County, Texas, generally located on the north side of East Hufsmith at Hospital Road, from the Agricultural District to the Commercial District. • Mayor Pro Tem Klein Quinn called the Public Hearing to order at 6:24 p.m. for Public Hearing on Zoning Case P17-0137: Wayne Nagel - Expressed his opposition to the proposed 12929 Zion Road, 77375 zoning change. Lance Langenhoven - Expressed his support for the proposed 8505 Technology Forest Pl. #501 zoning change. 77381 Dane Dunagin - Expressed his support for a change in the 535 E. Hufsmith, 77375 zoning classification to general retail with a conditional use permit (CUP). Receiving no additional public comments, Mayor Pro Tem Klein Quinn closed the Public Hearing at 6:40 p.m. • No motion was received to read Ordinance No. 2018-03 by caption only on First Reading. • No motion was received to adopt, on First Reading, Ordinance No. 2018-03, 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 5.8588 Acres of Land, Legally Described Lot 61 Block 1 Abandoned Animal Rescue Replat, within the City of Tomball, Harris County, Texas, from the Agricultural District to the Commercial District; said Property being generally Located on the North Side of East Hufsmith Road at Hospital Road; 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.  Minutes Regular City Council Meeting December 18, 2017 Page 5 of 6 Consideration of Ordinance No. 2018-03 failed due to lack of motion. No action taken. 8.4 Consideration to adopt, on First Reading, Ordinance No. 2018-04, an Ordinance of the City of Tomball, Texas, Amending Chapter 50 (Zoning) of the Code of Ordinances by Amending Section 50-115(B)(2) by Requiring Refuse Areas to have a Gate that remains Closed at all Times Except when in Use and Adding Non-Conforming Language; 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 withdrawn at the request of City staff. No action taken. 8.5 Motion was made by Councilman Townsend, second by Councilman Stoll, to read Ordinance No. 2018-05 by caption only on First Reading. Motion carried unanimously. Motion was made by Councilman Townsend, second by Councilman Stoll, to approve the abandonment of a Public Right-of-Way and to adopt, on First Reading, Ordinance No. 2018-05, an Ordinance of the City of Tomball, Texas, Finding and Determining that Public Convenience and Necessity no Longer Require the Continued Existence of a Part of an Unimproved Roadway Between South Pine Street and South Oak Street, All Situated in Block 31 of Revised Map of Tomball, Harris County, Texas, and as Recorded in Volume 004, Page 25 of the Map Records of Harris County, Texas; Vacating, Abandoning, and Closing Said Unimproved Roadway and Street Right-of-Way; Authorizing the Mayor to Execute and the City Secretary to Attest, Respectively, a Quitclaim Deed Conveying Said Unimproved Roadway and Street Right-of-Way to Lisa and James Bonnett; Providing for Severability; and Containing Other Provisions Relating to the Subject. Vote was as follows: Councilman Ford Aye Councilman Stoll Aye Councilman Degges Aye Councilman Townsend Aye Councilman Klein Quinn Aye Motion carried unanimously.  Minutes Regular City Council Meeting December 18, 2017 Page 6 of 6 9.0 Motion was made by Councilman Townsend, second by Councilman Stoll, to adjourn. Motion carried unanimously. Meeting adjourned. PASSED AND APPROVED this the 2nd day of January 2018. Doris Speer Gretchen Fagan Doris Speer, TRMC, MMC Gretchen Fagan City Secretary Mayor