City Council Regular Meeting

MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS MONDAY, MARCH 18, 2019 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 Councilman Klein Quinn Others present: City Manager – Robert Hauck Assistant City Manager – David Esquivel City Secretary – Doris Speer City Attorney – Loren B. Smith Director of Public Works – Beth Jones Police Chief – Billy Tidwell Fire Chief – Randy Parr Marketing Director – Mike Baxter Finance Director – Glenn Windsor Director of Community Development – Craig Meyers Assistant City Secretary – Tracy Garcia Community Center Manager – Rosalie Dillon Police Officer-Investigations – James Harral 2.0 The invocation was led by Pastor Mike Hernandez – Local Church 3.0 Pledges to the U. S. and Texas Flags were led by Randy Parr. 4.0 No public comments were received. 5.0 Reports and Announcements: • April 13, 2019 – 2nd Saturday at the Depot • April 8-13, 2019 – Tomball Annual Spring Clean-Up and Chipping Week  Minutes Regular City Council Meeting March 18, 2019 Page 2 of 6 • April 13, 2019 – Tomball Consolidated Recycling Day – Lone Star College- Tomball Campus, 30555 Tomball Parkway, South Entrance – 10:00 a.m.-2:00 p.m. • Reports by City staff and members of Council about items of community interest on which no action will be taken: 6.0 Motion was made by Councilman Townsend, second by Councilman Stoll, to approve the Minutes of the March 4, 2019 Regular Tomball City Council Meeting . Motion carried unanimously. 7.0 New Business: 7.1 Conduct Public Hearing and Review of the City of Tomball’s Juvenile Curfew Ordinance to Determine the Need to Re-adopt, Abolish, Continue or Modify the Ordinance Mayor Fagan opened the Public Hearing at 6:04 p.m. Receiving no public comments, Mayor Fagan closed the Public Hearing at 6:04 p.m. 7.2 Motion was made by Councilman Townsend, second by Councilman Klein Quinn, to read Ordinance No. 2019-04 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. 2019-04, an Ordinance of the City of Tomball, Texas, Continuing the City’s Juvenile Curfew Ordinance; and Making Other Findings and Provisions Related Thereto. Vote was as follows: Councilman Ford Aye Councilman Stoll Aye Councilman Degges Aye Councilman Townsend Aye Councilman Klein Quinn Aye Motion carried unanimously. 7.3 Consideration to Approve Zoning Case P19-017: Request by Don Cannon to amend Chapter 50 (Zoning) of the Tomball Code of Ordinances by rezoning approximately one acre of land legally described as Tract 10C Abstract 629 J Pruitt, within the City of Tomball, Harris County, Texas, generally located on the north side of Timkin Road, east of Blackshear Road, from the Single-Family 6 District to the General Retail District  Minutes Regular City Council Meeting March 18, 2019 Page 3 of 6 ◦ Conduct Public Hearing on Zoning Case P19-017 Mayor Fagan opened the Public Hearing at 6:09 p.m.; the following comments were received: Melvin Jones - Expressed his opposition to the 308 Blackshear proposed rezoning. Samuel Shannon - Expressed his opposition to the 823 Lizzie Lane proposed rezoning. Mary Scott - Expressed her opposition to the 919 Timkin proposed rezoning. Willie Johnson - Expressed her opposition to the 1032 Timkin proposed rezoning. Elena Holiday - Expressed her opposition to the 414 S. Chestnut proposed rezoning. JoAnn Scott - Expressed her opposition to the 919 Timkin proposed rezoning. Latrell Shannon - Provided detail regarding original 823 Lizzie Lane Zoning Commission decision for the area in question. Receiving no additional public comments, Mayor Fagan closed the Public Hearing at 6:24 p.m. ◦ Motion was made by Councilman Townsend, second by Councilman Stoll, to read Ordinance No. 2019-05 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. 2019-05, 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 One Acre of Land, legally described as Tract 10C Abstract 629 J Pruitt, within the City of Tomball, Harris County, Texas, from the Single-Family 6 District to the General Retail District; Said Property being generally located on the North Side of  Minutes Regular City Council Meeting March 18, 2019 Page 4 of 6 Timkin Road, East of Blackshear 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 Nay Councilman Stoll Aye Councilman Degges Nay Councilman Townsend Nay Councilman Klein Quinn Nay Motion FAILED, 1 vote Aye, 4 votes Nay. 7.4 Consideration to Approve Zoning Case P19-018: Request by Don Cannon for a Conditional Use Permit to operate an office showroom/warehouse on approximately one acre of land legally described as Tract 10C Abstract 629 J Pruitt, within the City of Tomball, Harris County, Texas, generally located on the north side of Timkin Road, east of Blackshear Road and zoned General Retail District. ◦ Conduct Public Hearing on Zoning Case P19-018 ◦ Adopt on First Reading, Ordinance No. 2019-06, 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 Don Cannon, to Operate an “Office Showroom/Warehouse”; Said Property being Approximately One Acre, and being legally described as Tract 10C Abstract 629 J Pruitt, Harris County, Texas, generally located on the North Side of Timkin Road, East of Blackshear Road; 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 No public hearing was held nor was any consideration of Ordinance No. 2019-06 given, due to the failure of Ordinance No. 2019-05. 7.5 Consideration to Approve Zoning Case P19-023: Request by the City of Tomball to amend Section 50-79 (Old Town & Mixed Use District) of the Tomball Code of Ordinances by reducing the required building setbacks for nonresidential uses in a portion of the Old Town Area. ◦ Conduct Public Hearing on Zoning Case P19-023  Minutes Regular City Council Meeting March 18, 2019 Page 5 of 6 Mayor Fagan opened the Public Hearing at 7:02 p.m.; the following comment was received: Will Benson - Email expressing his support for will@bensondev.com the proposed text amendment was read into the record. Receiving no additional public comments, Mayor Fagan closed the Public Hearing at 7:03 p.m. ◦ Motion was made by Councilman Townsend, second by Councilman Klein Quinn, to read Ordinance No. 2019-07 by caption only on First Reading. Motion carried unanimously. ◦ Motion was made by Councilman Townsend, second by Councilman Ford, to adopt on First Reading, Ordinance No. 2019-07, an Ordinance of the City of Tomball, Texas, Amending Chapter 50 (Zoning) of the Code of Ordinances by Amending Section 50-79 (Old Town and Mixed Use District) by Reducing the Required Building Setbacks for Nonresidential Uses in a Portion of the Old Town Area; 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 Aye Motion carried unanimously. 7.6 Motion was made by Councilman Stoll, second by Councilman Townsend, to read Ordinance No. 2019-08 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. 2019-08, an Ordinance Amending the Code of Ordinances of the City of Tomball, Texas by Adding Language to Section 46-92, Same – Heavy Metals and Toxic Materials, of Article III, Industrial Wastes, of Chapter 46, Utilities, to Allow the City Manager or Designee to Determine if Listed  Minutes Regular City Council Meeting March 18, 2019 Page 6 of 6 Materials Can Be Discharged into Sewer System; 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. Motion to AMEND was made by Councilman Townsend, second by Councilman Stoll, to adopt, on First Reading, Ordinance No. 2019-08, an Ordinance Amending the Code of Ordinances of the City of Tomball, Texas by Adding Language to Section 46-92, Same – Heavy Metals and Toxic Materials, of Article III, Industrial Wastes, of Chapter 46, Utilities, to Allow the City Manager or Designee to Determine if Listed Materials Can Be Discharged into Sewer System; 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, adding the provision that the words “in writing” be added after the word “approved” in Sec. 46-92. Vote was as follows: Councilman Ford Aye Councilman Stoll Aye Councilman Degges Aye Councilman Townsend Aye Councilman Klein Quinn Aye Motion, as AMENDED, carried unanimously. 8.0 Motion was made by Councilman Townsend, second by Councilman Ford, to adjourn. Motion carried unanimously. Meeting adjourned. PASSED AND APPROVED this the 1st day of April 2019. Doris Speer Gretchen Fagan Doris Speer, TRMC, MMC Gretchen Fagan City Secretary Mayor