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City Council Regular Meeting

Regular Meeting

Tomball, TX · December 4, 2017

AgendaPacketMinutes

Minutes

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS MONDAY, DECEMBER 4, 2017 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 Ford Councilman Stoll Councilman Degges Members absent: Councilman Townsend - Excused Councilman Klein Quinn - Excused Others present: City Manager – George Shackelford Assistant City Manager – Rob Hauck City Secretary – Doris Speer City Attorney – Loren B. Smith Fire Chief – Randy Parr Marketing Director – Mike Baxter Finance Director – Glenn Windsor Director of Public Works – David Esquivel Director of Community Development – Craig Meyers City Engineer – Beth Jones Assistant City Secretary – Tracy Garcia Community Center Director – Rosalie Dillon TEDC-Executive Director – Kelly Violette Police Officer-Investigations – David White 2.0 The invocation was led by Pastor James Roberson, Hufsmith Church of Christ, Tomball 3.0 Pledges to U. S. and Texas Flags we led by Dylan Morgan and Kiah Green, members of the Tomball High School Student Council. 4.0 The following public comments were received: Minutes Regular City Council Meeting December 4, 2017 Page 2 of 5 Bruce Hillegeist - Reported on his and George Shackelford’s trip to Seminole, 20339 Telgte, 77377 Texas to present proclamations of appreciation for Seminole’s assistance following Hurricane Harvey; expressed his appreciation of the City’s support in another successful Holiday Parade “Honoring Harvey’s Heroes”; and introduced Kasey Vann, 2018 Miss Tomball. Kasey Vann - Thanked everyone for their support and expressed her 2018 Miss Tomball desire to serve the Tomball community in 2018. 5.0 Reports and Announcements: ● December 8-10, 2017 – Tomball German Christmas Market ● December 9, 2017 – “Christmas on Commerce” – a 2nd Saturday at the Depot Event ● December 14, 2017 – Special City Council Meeting, Public Hearing – 5:30 p.m. ● December 16, 2017 – “Shop with a Cop” Event ● 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: ◦ Glenn Windsor presented the Quarterly Investment Report for Period Ending September 30, 2017. 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 at the end of the quarter, yield information, and weighted average maturities. On September 30, 2017, the City had total cash and cash equivalents in the amount of $67,538,505. 6.0 Motion was made by Councilman Degges, second by Councilman Stoll, to approve the Minutes of the November 20, 2017 Regular Tomball City Council Meeting. Motion carried unanimously. 7.0 Old Business: 7.1 Motion was made by Councilman Ford, second by Councilman Stoll, to approve, on Second Reading, Resolution No. 2017-21-TEDC, a Resolution of the City Council of the City of Tomball, Texas, authorizing and approving the Tomball Economic Development Corporation’s Project to Expend Funds in accordance with an Economic Development Agreement by and between the Corporation and Dancing Falls Development LLC, to make direct incentives to, or expenditures for, assistance with infrastructure costs to be required or suitable for the promotion of new or expanded business development related to the development and construction of a multibuilding office/warehouse park to be located at Minutes Regular City Council Meeting December 4, 2017 Page 3 of 5 27905 Commercial Park Road, Tomball, TX 77375. The estimated amount of expenditures for such Project $50,925.00. Motion carried unanimously. 8.0 New Business: 8.1 Mayor Fagan called the Public Hearing to order at 6:14 p.m. for the First Public Hearing to consider the annexation of the following tract of land: TRACT ONE: FIELD NOTE DESCRIPTION Being 0.5968 of one acre or 25,995 square feet of land situated in the Chauncey Goodrich Survey, Abstract Number 311, City of Tomball, Harris County, Texas, being a portion of that certain called 9.4852 acres of land described in deed and recorded in the Official Public Records of Real Property of Harris County, Texas, under County Clerk's File Number RP-2016-317524 , said 0.5968 of one acre or 25,995 square feet of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with cap found at the intersection of the Southeasterly right- of-way line of F.M. 2920 (120 foot right-of-way) as described in deed and recorded under Volume 1256, Page 395 of the Deed Records of Harris County, Texas with the Westerly right-of-way line of Treichel Road (as monumented) recorded under Volume 24, Page 178 of the Harris County Commissioner's Court Minutes, for the Northeasterly corner of that certain called 0.1160 acres of land described in deed and recorded in the Official Public Records of Real Property of Harris County, Texas, under County Clerk's File Number 20080147039; THENCE, S 50°41’50” W, along the Southeasterly right-of-way line line of said F.M. 2920, a distance of 1.71 feet to a 5/8 inch iron rod found for the Northwesterly comer of said 0.1160 acre tract, the Northeasterly comer of said 9.4852 acre tract; THENCE, S 03°34’31” E, along the Westerly line of said 0.1160 acre tract, a distance of 522.93 feet to a 5/8 inch iron rod found for an angle point; THENCE, S 02°10’07” E, continuing along the Westerly line of said 0.1160 acre tract, a distance of 14.25 feet to a 5/8 inch iron rod found in the Northerly line of that certain called 5.00 acres of land conveyed by deed recorded in the Official Public Records of Real Property of Harris County, Texas, under County Clerk's File Number S099288 and described in deed recorded under Volume 1149, Page 375 of the Deed Records of Harris County, Texas, for the most Northerly Southeast comer of said 9.4852 acre tract; THENCE, S 87°02’11” W, along the Northerly line of said 5.00 acre tract, a distance of 400.22 feet to a Mag Nail in a wood post found for the Northwesterly comer of said 5.00 acre tract; Minutes Regular City Council Meeting December 4, 2017 Page 4 of 5 THENCE, S 02°55’23” E, along the Westerly line of said 5.00 acre tract, a distance of 299.60 feet to a 5/8 inch iron rod with cap found at the intersection of the Westerly line of said 5.00 acre tract with the Southeasterly City of Tomball City Limits line as established by deed recorded in the Official Public Records of Real Property of Harris County, Texas, under County Clerk's File Number W304507, for the POINT OF BEGINNING of the herein described tract of land; THENCE, S 02°55’23” E, continuing along the Westerly line of said 5.00 acre tract, a distance of 195.56 feet to a 5/8 inch iron rod with cap found in the Northerly line of that certain called 21.6877 acres of land described in deed and recorded in the Official Public Records of Real Property of Harris County, Texas, under County Clerk's File Number G505834, for the Southwesterly corner of said 5.00 acre tract and the most Southerly Southeast corner of said 9.4852 acre tract; THENCE, S 87°00’53” W, along the Northerly line of said 21.6877 acre tract, a distance of 265.85 feet to a 5/8 inch iron rod with cap set at the intersection of the Northerly line of said 21.6877 acre tract with the Southeasterly line of said City of Tomball City Limits line, from which a 5/8 inch iron rod found for the Southwesterly corner of said 9.4852 acre tract and the Northwesterly corner of said 21.6877 acre tract bears S 87°00’55” W, 175.62 feet; THENCE, N 50°41’50” E, along the Southeasterly line of said City of Tomball City Limits Line, a distance of 330.20 feet to the POINT OF BEGINNING and containing 0.5968 of one acre or 25,995 square feet of land. BEARING ORIENTATION BASED ON TEXAS STATE PLANE COORDINATE GRID SYSTEM OF 1983 (SOUTH CENTRAL ZONE NO. 4204). Receiving no public comments, Mayor Fagan closed the Public Hearing at 6:14 p.m. 8.2 Motion was made by Councilman Stoll, second by Councilman Ford, to award the Land- Related Services Contract for E&P Project 2017-10005, Medical Complex Segment 4B, to Threshold Land Services, Inc., for an Amount Not to Exceed $73,919.25. Motion carried unanimously. 8.3 Motion was made by Councilman Stoll, second by Councilman Degges, to read Ordinance No. 2017-41 by caption only on First Reading. Motion carried unanimously. Motion was made by Councilman Stoll, second by Councilman Ford, to adopt, on First Reading, Ordinance 2017-41, an Ordinance of the City of Tomball, Texas, Finding and Determining that Public Convenience and Necessity No Longer Require the Continued Minutes Regular City Council Meeting December 4, 2017 Page 5 of 5 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 Absent Councilman Klein Quinn Absent Motion carried unanimously. 8.4 Motion was made by Councilman Ford, second by Councilman Stoll, to approve Professional Services Agreement with Halff Associates, Inc., in the Amount of $125,290.00 for the City of Tomball's Comprehensive Plan Update. Motion carried unanimously. 8.5 Executive Session: The City Council recessed at 6:18 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. 551.074 - Personnel Matters: Deliberation of the Appointment, Employment, and Duties of a Public Officer or Employee – City Manager Upon reconvening into regular session at 6:34 p.m., no action was taken. 9.0 Motion was made by Councilman Ford, second by Councilman Degges, to adjourn. Motion carried unanimously. Meeting adjourned. PASSED AND APPROVED this the 18th day of December 2017. Doris Speer Gretchen Fagan Doris Speer, TRMC, MMC Gretchen Fagan City Secretary Mayor

Agenda

NOTICE OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS MONDAY, DECEMBER 4, 2017 6:00 P.M. Notice is hereby given of a Regular meeting of the Tomball City Council, to be held on Monday, December 4, 2017 at 6:00 p.m., City Hall, 401 Market Street, Tomball, Texas 77375, for the purpose of considering the following agenda items. All agenda items are subject to action. The Tomball City Council reserves the right to meet in a closed session for consultation with attorney on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. 1.0 Call to Order 2.0 Invocation ● Led by Pastor James Roberson, Hufsmith Church of Christ, Tomball 3.0 Pledges to U. S. and Texas Flags 4.0 Public Comments and Receipt of Petitions: [At this time, anyone will be allowed to speak on any matter other than personnel matters or matters under litigation, for length of time not to exceed three minutes. No Council/Board discussion or action may take place on a matter until such matter has been placed on an agenda and posted in accordance with law - GC, 551.042.] 5.0 Reports and Announcements: ● December 8-10, 2017 – Tomball German Christmas Market ● December 9, 2017 – “Christmas on Commerce” – a 2nd Saturday at the Depot Event ● December 14, 2017 – Special City Council Meeting, Public Hearing – 5:30 p.m. ● December 16, 2017 – “Shop with a Cop” Event ● 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: ◦ Glenn Windsor – Quarterly Investment Report for Period Ending September 30, 2017. 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 at the end of the quarter, yield information, and weighted average maturities. On September 30, 2017, the City had total cash and cash equivalents in the amount of $67,538,505. Agenda Regular City Council Meeting December 4, 2017 Page 2 of 4 6.0 Approve the Minutes of the November 20, 2017 Regular Tomball City Council Meeting 7.0 Old Business: 7.1 Approve, on Second Reading, Resolution No. 2017-21-TEDC, a Resolution of the City Council of the City of Tomball, Texas, authorizing and approving the Tomball Economic Development Corporation’s Project to Expend Funds in accordance with an Economic Development Agreement by and between the Corporation and Dancing Falls Development LLC, to make direct incentives to, or expenditures for, assistance with infrastructure costs to be required or suitable for the promotion of new or expanded business development related to the development and construction of a multibuilding office/warehouse park to be located at 27905 Commercial Park Road, Tomball, TX 77375. The estimated amount of expenditures for such Project $50,925.00 8.0 New Business: 8.1 Conduct First Public Hearing to Consider the Annexation of the Following Tract of Land: TRACT ONE: FIELD NOTE DESCRIPTION Being 0.5968 of one acre or 25,995 square feet of land situated in the Chauncey Goodrich Survey, Abstract Number 311, City of Tomball, Harris County, Texas, being a portion of that certain called 9.4852 acres of land described in deed and recorded in the Official Public Records of Real Property of Harris County, Texas, under County Clerk's File Number RP-2016-317524 , said 0.5968 of one acre or 25,995 square feet of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with cap found at the intersection of the Southeasterly right- of-way line of F.M. 2920 (120 foot right-of-way) as described in deed and recorded under Volume 1256, Page 395 of the Deed Records of Harris County, Texas with the Westerly right-of-way line of Treichel Road (as monumented) recorded under Volume 24, Page 178 of the Harris County Commissioner's Court Minutes, for the Northeasterly corner of that certain called 0.1160 acres of land described in deed and recorded in the Official Public Records of Real Property of Harris County, Texas, under County Clerk's File Number 20080147039; THENCE, S 50°41’50” W, along the Southeasterly right-of-way line line of said F.M. 2920, a distance of 1.71 feet to a 5/8 inch iron rod found for the Northwesterly comer of said 0.1160 acre tract, the Northeasterly comer of said 9.4852 acre tract; THENCE, S 03°34’31” E, along the Westerly line of said 0.1160 acre tract, a distance of 522.93 feet to a 5/8 inch iron rod found for an angle point; THENCE, S 02°10’07” E, continuing along the Westerly line of said 0.1160 acre tract, a distance of 14.25 feet to a 5/8 inch iron rod found in the Northerly line of that certain Agenda Regular City Council Meeting December 4, 2017 Page 3 of 4 called 5.00 acres of land conveyed by deed recorded in the Official Public Records of Real Property of Harris County, Texas, under County Clerk's File Number S099288 and described in deed recorded under Volume 1149, Page 375 of the Deed Records of Harris County, Texas, for the most Northerly Southeast comer of said 9.4852 acre tract; THENCE, S 87°02’11” W, along the Northerly line of said 5.00 acre tract, a distance of 400.22 feet to a Mag Nail in a wood post found for the Northwesterly comer of said 5.00 acre tract; THENCE, S 02°55’23” E, along the Westerly line of said 5.00 acre tract, a distance of 299.60 feet to a 5/8 inch iron rod with cap found at the intersection of the Westerly line of said 5.00 acre tract with the Southeasterly City of Tomball City Limits line as established by deed recorded in the Official Public Records of Real Property of Harris County, Texas, under County Clerk's File Number W304507, for the POINT OF BEGINNING of the herein described tract of land; THENCE, S 02°55’23” E, continuing along the Westerly line of said 5.00 acre tract, a distance of 195.56 feet to a 5/8 inch iron rod with cap found in the Northerly line of that certain called 21.6877 acres of land described in deed and recorded in the Official Public Records of Real Property of Harris County, Texas, under County Clerk's File Number G505834, for the Southwesterly corner of said 5.00 acre tract and the most Southerly Southeast corner of said 9.4852 acre tract; THENCE, S 87°00’53” W, along the Northerly line of said 21.6877 acre tract, a distance of 265.85 feet to a 5/8 inch iron rod with cap set at the intersection of the Northerly line of said 21.6877 acre tract with the Southeasterly line of said City of Tomball City Limits line, from which a 5/8 inch iron rod found for the Southwesterly corner of said 9.4852 acre tract and the Northwesterly corner of said 21.6877 acre tract bears S 87°00’55” W, 175.62 feet; THENCE, N 50°41’50” E, along the Southeasterly line of said City of Tomball City Limits Line, a distance of 330.20 feet to the POINT OF BEGINNING and containing 0.5968 of one acre or 25,995 square feet of land. BEARING ORIENTATION BASED ON TEXAS STATE PLANE COORDINATE GRID SYSTEM OF 1983 (SOUTH CENTRAL ZONE NO. 4204). 8.2 Award Land-Related Services Contract for E&P Project 2017-10005, Medical Complex Segment 4B, to Threshold Land Services, Inc., for an Amount Not to Exceed $73,919.25 8.3 Consider Abandonment of a Public Right-of-way and Adopt, on First Reading, Ordinance 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 Agenda Regular City Council Meeting December 4, 2017 Page 4 of 4 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 8.4 Approve Professional Services Agreement with Halff Associates, Inc., in the Amount of $125,290.00 for the City of Tomball's Comprehensive Plan Update 8.5 Executive Session: The City Council will meet in Executive Session as Authorized by Title 5, Chapter 551, Government Code, the Texas Open Meetings Act, for the Following Purpose(s): • Sec. 551.074 - Personnel Matters: Deliberation of the Appointment, Employment, and Duties of a Public Officer or Employee – City Manager 9.0 Adjournment CERTIFICATION I hereby certify that the above notice of meeting was posted on the bulletin board of City Hall, City of Tomball, Texas, a place readily accessible to the general public at all times, on the 30th day of November 2017 by 5:00 p.m., and remained posted for at least 72 continuous hours preceding the scheduled time of said meeting. Doris Speer Doris Speer City Secretary, TRMC, MMC This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary’s office at (281) 290-1002 or FAX (281) 351-6256 for further information. AGENDAS MAY BE VIEWED ONLINE AT www.ci.tomball.tx.us.

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