City Council Regular Meeting

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS MONDAY, OCTOBER 15, 2018 6:00 P.M. 1.0 Meeting was called to order by Mayor Fagan. Other members present: Councilman Ford Councilman Stoll Councilman Degges Councilman Townsend Members absent: Councilman Klein Quinn - Excused Others present: City Manager – Robert Hauck Assistant City Manager – David Esquivel City Secretary – Doris Speer City Attorney – Loren B. Smith Police Chief – Billy Tidwell Fire Chief – Randy Parr Marketing Director – Mike Baxter Finance Director – Glenn Windsor IT Manager – Doug Tippey HR Director – Lisa Coe Director of Community Development – Craig Meyers Director of Public Works – Beth Jones Planner – Amelia Lindley Assistant City Secretary – Tracy Garcia Events Coordinator – Denise Fiore Community Center Manager – Rosalie Dillon Senior Accountant – Christine Brookshire Police Officer-Investigations – Jimmy Harral 2.0 The invocation was led by Pastor Tim Niekerk, Salem Lutheran Church.  Minutes Regular City Council Meeting October 15, 2018 Page 2 of 5 3.0 The pledges to the U. S. and Texas Flags were led by Randy Parr. 4.0 No public comments were received. 5.0 Mayor Fagan made the following presentation: • Birth Proclamation – Jason and Hollyann Apel, Parents of Charlie Wayne Apel 6.0 Reports and Announcements: • October 20, 2018 – Freight Train Food Truck Festival at the Depot • October 24, 2018 – Planning and Zoning Commission Special Meeting – 6:00 p.m.; possible quorum of City Council • October 27, 2018 – 8th Annual Tomball Bluegrass Festival, 12:00 p.m.-6:00 p.m. • November 10, 2018 – “Depot Day”, a National Model Railroad Month Celebration at the Depot-Tomball; 10:00 a.m.-5:00 p.m. • November 16, 2018 – Christmas Tree Lighting at the Depot – 7:00 p.m. • November 17, 2018 – Tomball Holiday Parade • Reports by City staff and members of Council about items of community interest on which no action will be taken: ◦ Denise Fiore reported on the success of “Zomball in Tomball”. 7.0 Motion was made by Councilman Townsend, second by Councilman Stoll, to approve the Minutes of the October 1, 2018 Regular Tomball City Council Meeting. Motion carried unanimously. 8.0 Old Business: 8.1 Motion was made by Councilman Ford, second by Councilman Stoll, to adopt, on Second Reading, Ordinance No. 2018-33, an Ordinance of the City of Tomball, Texas, Setting the Tax Levy of $0.341455/$100 Value Assessed for the Year 2018 on All Taxable Real and Personal Property Located in the City of Tomball, Texas; 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 Ford Aye Councilman Stoll Aye Councilman Degges Aye Councilman Townsend Aye Councilman Klein Quinn Absent Motion carried unanimously.  Minutes Regular City Council Meeting October 15, 2018 Page 3 of 5 9.0 New Business: 9.1 TRHF Chair Vicki Clark and TRHF Attorney Kevin Reed presented the report from Tomball Regional Health Foundation. No action necessary. 9.2 Consideration to Approve Zoning Case P18-147: Request by the City of Tomball to amend Section 50-82 (b) (“Use Charts”) of the Tomball Code of Ordinances by creating a land use for “Coffee Roasting” • Mayor Fagan opened the Public Hearing on Zoning Case P18-147 at 6:26 p.m. Receiving no public comments, Mayor Fagan closed the Public Hearing at 6:27 p.m. • Motion was made by Councilman Townsend, second by Councilman Degges, to read Ordinance No. 2018-34 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. 2018-34, an Ordinance of the City of Tomball, Texas, Amending Chapter 50 (Zoning) of the Code of Ordinances by Amending Section 50-82(B) (“Use Charts”) by Creating a Land Use for “Coffee Roasting”; 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 Councilman Townsend Aye Councilman Klein Quinn Absent Motion carried unanimously. 9.3 Consideration to Approve Zoning Case P18-151: Request by Persimmon Global Logistics for a Conditional Use Permit to operate a coffee roasting facility on approximately 4.0230 acres of land legally described as Lot 1 Block 1 Vasquez-  Minutes Regular City Council Meeting October 15, 2018 Page 4 of 5 Phoenix, generally located at the southwest corner of Lizzie Lane and South Persimmon Road and zoned Commercial District. • Mayor Fagan opened the Public Hearing on Zoning Case P18-151 at 6:37 p.m. • Receiving no public comments, Mayor Fagan closed the Public Hearing at 6:37 p.m. • Motion was made by Councilman Townsend, second by Councilman Stoll, to read Ordinance No. 2018-35 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. 2018-35, an Ordinance of the City of Tomball, Texas, Amending Chapter 50 (Zoning) of the Tomball Code of Ordinances by Granting a Conditional Use Permit (CUP) to Persimmon Global Logistics to Operate a “Coffee Roasting” Facility; Said Property being Approximately 4.0230 Acres, and being Legally Described as Lot 1 Block 1 Vasquez-Phoenix, Harris County, Texas, Generally Located at the Southwest Corner of Lizzie Lane and South Persimmon Road and Zoned Commercial; Providing Requirements and Conditions for This CUP; Containing Findings and Other Provisions Relating to the Subject; Providing a Penalty in an Amount Not to Exceed $2,000 for Violations Hereof; and Providing for Severability • Motion to AMEND was made by Councilman Townsend, second by Councilman Stoll, to adopt, on First Reading, Ordinance 2018-35, an Ordinance of the City of Tomball, Texas, Amending Chapter 50 (Zoning) of the Tomball Code of Ordinances by Granting a Conditional Use Permit (CUP) to Persimmon Global Logistics to Operate a “Coffee Roasting” Facility; Said Property being Approximately 4.0230 Acres, and being Legally Described as Lot 1 Block 1 Vasquez-Phoenix, Harris County, Texas, Generally Located at the Southwest Corner of Lizzie Lane and South Persimmon Road and Zoned Commercial; Providing Requirements and Conditions for This CUP; Containing Findings and Other Provisions Relating to the Subject; Providing a Penalty in an Amount Not to Exceed $2,000 for Violations Hereof; and Providing for Severability, and to include the provision that, if the afterburners malfunction, operations will be shut down until repairs are completed. Vote was as follows: Councilman Ford Aye Councilman Stoll Aye  Minutes Regular City Council Meeting October 15, 2018 Page 5 of 5 Councilman Degges Aye Councilman Townsend Aye Councilman Klein Quinn Absent Motion, as AMENDED, carried unanimously. 9.3 Executive Session: The City Council recessed at 6:49 p.m. to meet in Executive Session as Authorized by Title 5, Chapter 551, Government Code, the Texas Open Meetings Act, for the Following Purpose(s): • Sec. 551.072 – Deliberations Regarding the Purchase, Exchange, Lease, or Value of Real Property Upon reconvening into regular session at 7:04 p.m., the following action was taken: 9.4 Motion was made by Councilman Townsend, second by Councilman Stoll, to approve the purchase, in the amount of $265,000.00, from David and Jessica Sottilare, of the property located at 215 West Main Street and to authorize the Mayor or City Manager to execute the appropriate deed and associated documents. Motion carried unanimously. 10.0 Motion was made by Councilman Stoll, second by Councilman Townsend, to adjourn. Motion carried unanimously. Meeting adjourned. PASSED AND APPROVED this the 5th day of November 2018. Doris Speer Gretchen Fagan Doris Speer, TRMC, MMC Gretchen Fagan City Secretary Mayor .