City Council Regular Meeting

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS MONDAY, FEBRUARY 17, 2020 6:00 P.M. 1.0 Meeting was called to order at 6:00 p.m. by Mayor Fagan. Other members present: Councilman Ford Councilman Degges Councilman Townsend Members absent: Councilman Stoll - Excused Councilman Klein Quinn - Excused Others present: Assistant City Manager – David Esquivel City Secretary – Doris Speer City Attorney – Loren B. Smith Director of Public Works – Beth Jones Fire Chief – Randy Parr Interim Police Chief – Skip Oliver Finance Director – Glenn Windsor Marketing Director – Mike Baxter Director of Community Development – Craig Meyers IT Manager – Doug Tippey Assistant City Secretary – Tracy Garcia Fire Marshal – Joe Sykora CSO-Administrative Assistant – Sasha Luna City Planner – Amelia Lindley Police Captain – Bryan Hill Police Officer – David Sparks Police Captain – Ricky Doerre Warrant Officer/Bailiff – Ron McGullion Police Officer – SRO – Jamy Brock Police Officer – SRO – Tomeko Henagan Police Officer – David Galindo Community Center Manager – Rosalie Dillon  Minutes Regular City Council Meeting February 17, 2020 Page 2 of 7 2.0 The invocation was led by Pastor Tim Niekerk – Salem Lutheran Church. 3.0 Pledges to U. S. and Texas Flags were led by Randy Parr. 4.0 No public comments were received. 5.0 Presentations were made by Mayor Fagan and Members of the Tomball Police Department: • Tomball Explorer Post #5451 – Grand Prairie, 3rd Annual Metroplex Challenge: Team 1: • 1st - Domestic Disturbance • 1st - Misdemeanor Traffic • 2nd - Over All Team 2: • 3rd - Unknown Call • 3rd - Misdemeanor Traffic • 2nd - Domestic Disturbance • 1st - CSI 2nd in the Bike Course, Girls TPD Advisors: Officers David Sparks, David Galindo, and Tomeko Henagan 6.0 Reports and Announcements: • February 25, 2020 – Trailride Reception – 12 Noon at the Depot • Tomball Police Department Annual Data Capture Report – 2019 (SB 1074) • March 21, 2020 – Tomball Honky Tonk Chili Challenge Festival at the Depot – 11:00 a.m.-6:00 p.m. • March 25-26, 2020 – “Shattered Lives” program – Concordia Lutheran High School • March 27-29, 2020 – Tomball German Sister City Heritage Festival at the Depot • Reports by City staff and members of council about items of community interest on which no action will be taken 7.0 Motion was made by Councilman Ford, second by Councilman Degges, to approve the Minutes of the February 3, 2020 Regular Tomball City Council Meeting Motion carried unanimously.  Minutes Regular City Council Meeting February 17, 2020 Page 3 of 7 8.0 Old Business: 8.1 Mayor Fagan opened the floor at 6:09 p.m. to receive public comments were received regarding Ordinance No. 2020-03: Kimberly Spangle - Did not wish to speak; asked to have her 822 E. Brenda Ln, 77354 opposition read into the record. Alok Khanna - Expressed his opposition to the adoption 31310 Bearing Star, 77375 of Ordinance No. 2020-03. Rebecca Beltin-Wooten - Did not wish to speak; asked to have her 1007 Ranier Cove, 78665 opposition read into the record. Priscilla Atwood - Did not wish to speak; asked to have her 2121 Green Oaks Cir., 78665 opposition read into the record. Adrian Berg - Expressed his opposition to the adoption 3826 Katy Hollow Dr., 77449 of Ordinance No. 2020-03. Leigha Lierz - Did not wish to speak; asked to have her 21402 Park Orchard, 77450 opposition read into the record. Hardyn Lierz - Expressed his opposition to the adoption 21402 Park Orchard, 77450 of Ordinance No. 2020-03. Gillian Luszik - Expressed her opposition to the adoption 6315 Walraven Cir., 76133 of Ordinance No. 2020-03. Samantha Bickel - Did not wish to speak; asked to have her 5416 Enclave Cir. #1317, 76132 opposition read into the record. Tim Holbert - Did not wish to speak; asked to have his 23118 Biddle Dr., 77365 opposition read into the record. Jill Varner - Did not wish to speak; asked to have her 908 Genoa, Italy 76651 opposition read into the record. Johnny Rosenbalm - Expressed his opposition to the adoption 18134 June Oak, 77429 of Ordinance No. 2020-03. Matthew Fank - Expressed his opposition to the adoption 1850 S. Cherry, 77375 of Ordinance No. 2020-03.  Minutes Regular City Council Meeting February 17, 2020 Page 4 of 7 Brandi Fank - Expressed her opposition to the adoption 724 Talmalge Hall Dr., 77302 of Ordinance No. 2020-03. Keith Raymond - Expressed his opposition to the adoption 17910 Rushing Hollow Ct, 77377 of Ordinance No. 2020-03. Lori Wilson - via email: Expressed her support for the 1821 S. Cherry St., 77375 adoption of Ordinance No. 2020-03. Kathleen Hauck - Expressed her support for the adoption of 1820 S. Cherry St., 77375 Ordinance No. 2020-03. Receiving no additional public comments, Mayor Fagan closed the floor at 6:35 p.m. Motion was made by Councilman Ford, second by Councilman Townsend, to adopt, on Second Reading, Ordinance No. 2020-03, an Ordinance Amending the Code of Ordinances of the City of Tomball, Texas by Adding a New Article VII, Keeping of Dangerous Animals, to Chapter 8, Animals, Defining and Adopting Regulations for Dangerous Animals, and Providing Exceptions to the Regulations; 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 Absent Councilman Degges Aye Councilman Townsend Aye Councilman Klein Quinn Absent Motion carried unanimously. 9.0 New Business: 9.1 Motion was made by Councilman Ford, second by Councilman Degges, to approve the purchase of an AirVac Exhaust Filtration System to Remove Contaminants from Apparatus Bays at Fire Station 1, from Air Vacuum Corporation, a Sole Source Provider, in the Amount of $54,597.00. Motion carried unanimously. 9.2 Consideration to approve Zoning Case P20-007: Request by B. Todd Jones, with DHIC, LLC, to amend Chapter 50 (Zoning) of the Tomball Code of Ordinances by rezoning approximately 18 acres of land legally described as 18 acres out of Lot 2 Reserve at Tomball Partial Replat, within the City of Tomball, Harris  Minutes Regular City Council Meeting February 17, 2020 Page 5 of 7 County, Texas, generally located on the north side of FM 2920 approximately 1,000 feet west of FM 2978, from the Commercial and Single-Family 9 Districts to the Planned Development (PD-13) District. • Mayor Fagan opened the Public Hearing of the City Council of the City of Tomball to consider Zoning Case P20-007 at 6:50 p.m. Public comment was received: Zachery Brinker - Expressed his opposition to the 1005 E. Main St., 77375 proposed zoning change. No additional public comments were received and Mayor Fagan closed the Public Hearing at 6:52 p.m. • Motion was made by Councilman Townsend, second by Councilman Ford, to read Ordinance No. 2020-01 by caption only on First Reading. Motion carried unanimously. • Motion was made by Councilman Townsend, second by Councilman Degges, to adopt, on First Reading, Ordinance No. 2020-01, 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 18 Acres of Land, Legally Described as 18 Acres Out of Lot 2 Reserve at Tomball Partial Replat, within the City of Tomball, Harris County, Texas, from the Commercial and Single-Family 9 Districts to the Planned Development (PD-13) District; said Property being generally located on the North Side of FM 2920 Approximately 1,000 Feet West of FM 2978; 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 Absent Councilman Degges Aye Councilman Townsend Aye Councilman Klein Quinn Absent Motion carried unanimously.  Minutes Regular City Council Meeting February 17, 2020 Page 6 of 7 9.3 Consideration to approve Zoning Case P19-187: Request by Lance Langenhoven for a Conditional Use Permit to operate an amusement, commercial (indoor) facility at 419 East Hufsmith Road. The property is approximately 5.8588 acres, 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 Road at Hospital Road, within the City of Tomball, Harris County, Texas, and is zoned General Retail District. • Mayor Fagan opened the Public Hearing of the City Council of the City of Tomball to consider Zoning Case P19-187 at 7:10 p.m. Receiving no public comments, Mayor Fagan closed the Public Hearing at 7:10 p.m. • Motion was made by Councilman Townsend, second by Councilman Ford, to read Ordinance No. 2020-02 by caption only on First Reading. Motion carried unanimously. • Motion was made by Councilman Townsend, second by Councilman Degges, to adopt, on First Reading, Ordinance No. 2020-02, 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 Lance Langenhoven to Operate an “Amusement, Commercial (Indoor)” Facility; said Properties Being 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 at the Northwest Corner of East Hufsmith Road and Neal Street at 419 East Hufsmith Road, and is Zoned General Retail District; 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. Vote was as follows: Councilman Ford Aye Councilman Stoll Absent Councilman Degges Aye Councilman Townsend Nay Councilman Klein Quinn Absent Motion FAILED, 2 votes Aye, 1 vote Nay. Councilman Townsend stated he had voted Nay in error and requested that his vote be corrected to ‘Aye’. Vote, following correction, was as follows:  Minutes Regular City Council Meeting February 17, 2020 Page 7 of 7 Councilman Ford Aye Councilman Stoll Absent Councilman Degges Aye Councilman Townsend Aye Councilman Klein Quinn Absent Motion carried unanimously. 9.4 Motion was made by Councilman Townsend, second by Councilman Degges, to approve the Annual Licensing and Support for Incode Software, Provided by Tyler Technology, in the Amount of $50,212.72. Motion carried unanimously. 10.0 Motion was made by Councilman Townsend, second by Councilman Ford, to adjourn. Motion carried unanimously. Meeting adjourned. PASSED AND APPROVED this the 2nd day of March 2020. Doris Speer Gretch Fagan Doris Speer, TRMC, MMC Gretchen Fagan City Secretary Mayor