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City Council Regular Meeting

Regular Meeting

Tomball, TX · August 5, 2019

AgendaPacketMinutes

Minutes

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS MONDAY, AUGUST 5, 2019 6:00 P.M. 1.0 Meeting was called to order at by Mayor Fagan. Other members present: Councilman Ford Councilman Stoll Councilman Klein Quinn Councilman Townsend Members absent: Councilman Degges - Excused 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 Fire Chief – Randy Parr Marketing Director – Mike Baxter Finance Director – Glenn Windsor Director of Community Development – Craig Meyers Fire Marshal – Joe Sykora CSO Administrative Assistant – Sasha Luna Community Events Coordinator – Denise Fiore Marketing Assistant – Larrissa Roberts Community Center Manager – Rosalie Dillon Senior Accountant – Christine Brookshire Police Officer-Investigations – James Harral 2.0 The invocation was led by Pastor Ed Matthews – Newness of Life Church. 3.0 The pledges to the U. S. and Texas Flags were led by Randy Parr. Minutes Regular City Council Meeting August 5, 2019 Page 2 of 5 4.0 The following public comments were received: Henry Reid - Expressed his appreciation to the City President – SCHA Council for the City’s support of the 11102 Olde Mint House, 77377 Museum and mentioned items the SCHA will possibly request assistance with; requested a link on the City’s website to the museum’s website. 5.0 Reports and Announcements: • Tomball City Pool – 2019 Swim Season - Jerry Matheson Park Pool will operate with normal hours through August 18. The pool will be open on Saturday and Sunday only on the weekends of August 24-25 and August 31-September 1. The pool will be closed every Monday during swim season 2019, except Labor Day (September 2). Normal pool hours are: Tuesday – Friday: 10 a.m.-6 p.m. and Saturday & Sunday: 12 p.m.-8 p.m. • August 10, 2019 – 2nd Saturday at the Depot • September 28, 2019 – GroovFest ’19 at the Depot • October 5, 2019 – 5th “Annual Paces for Pink” 5K Run • October 12, 2019 – “Zomball in Tomball” • October 19, 2019 – Freight Train Food Truck Festival at the Depot • October 26, 2019 – 9th Annual Tomball Bluegrass Festival – 12:00 Noon-6:00 p.m. • Reports by City staff and members of council about items of community interest on which no action will be taken: ◦ Denise Fiore and Larissa Roberts reported on the success of the 2019 Tomball Kids’ Club and presented certificates of appreciation to the sponsors and volunteers. ◦ Mike Baxter reported on the success of the City's Apollo 11 - 50th Anniversary Regional Celebration 6.0 Motion was made by Councilman Townsend, second by Councilman Stoll, to approve the Minutes of the July 15, 2019 Special Tomball City Council Meeting and the July 15, 2019 Regular Tomball City Council Meeting Motion carried unanimously. 7.0 New Business Consent Agenda: [All matters listed under Consent Agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, the item in question will be removed from the Consent Agenda and will be considered separately. Information concerning Consent Agenda items is available for public review.] Minutes Regular City Council Meeting August 5, 2019 Page 3 of 5 7.1 Approve Resolution No. 2019-23, a Resolution of the City Council of the City of Tomball, Texas, Supporting HVM BP Tomball Cong., LLC, for the Rehabilitation of the Elderly Designated Multi-Family Housing Development Known as The Village Apartments and Authorize the Mayor to Issue a Letter of Support 7.2 Approve Resolution No. 2019-25, a Resolution of the City of Tomball, Harris County, Texas, Dedicating 2.72 Acres of Open Space/Parkland along the J131-01- 00 Tributary of Boggs Gully Drainage Way in the Broussard Community Park as Described in Exhibit (A) Attached as Open Space for Perpetuity, as Required by The Texas Parks and Wildlife Department; Approving the Terms and Conditions of the Agreement; Authorizing Its Execution by the City Manager; Repealing All Resolutions in Conflict; Providing a Severability Clause; and Providing an Effective Date 7.3 Approve Proposed Amendments to Administrative Policy No. 23, entitled “Park Reservation Policy (Railroad Depot Gazebo, Railroad Depot Plaza, Juergens Park, Jerry Matheson Park, Theis Attaway Nature Park)” 7.4 Approve Administrative Policy No. 26, entitled “Rules and Regulations for City of Tomball Parks” 7.5 Approve Purchase of Equipment from Kompan, Inc. for Broussard Community Park, in the Amount of $94,273.49 7.6 Award Contract for Project No. 2019-07, for the Purchase of Materials for Phase II of a Utility Extension, to Accurate Utility Supply in the Amount of $158,893.65 Motion was made by Councilman Stoll, second by Councilman Townsend, to approve Items 7.1 through 7.6 on the New Business Consent Agenda. Motion carried unanimously. 8.0 New Business: 8.1 Conduct First Public Hearing Regarding the Proposed Budget for Fiscal Year 2019-2020 Mayor Fagan opened the First Public Hearing Regarding the Proposed Budget for Fiscal Year 2019-2020 at 6:24 p.m. Receiving no public comments, Mayor Fagan closed the Public Hearing at 6:24 p.m. Minutes Regular City Council Meeting August 5, 2019 Page 4 of 5 8.2 Motion was made by Councilman Townsend, second by Councilman Ford, to approve Resolution No. 2019-24, a Resolution of the City Council of the City of Tomball, Texas, Calling for a Public Hearing on the Creation of a Public Improvement District, Said Public Improvement District Being Located within the City of Tomball (TPID 10 – Raburn Reserve Subdivision); public hearing will be held on September 3, 2019. Motion carried unanimously. 8.3 Motion was made by Councilman Stoll, second by Councilman Townsend, to approve the abandonment of public rights-of-way and to read Ordinance No. 2019- 15 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. 2019-15, an Ordinance of the City of Tomball, Texas, Finding and Determining that Public Convenience and Necessity no Longer Require the Continued Existence of Parts of Unimproved Roadways Between Persimmon Road and Hufsmith-Kohrville Road, all Situated in the Jesse Pruitt Survey, Abstract Number 629, City of Tomball, Harris County, Texas; Vacating, Abandoning, and Closing Said Unimproved Roadways and Street Rights- 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 Raburn Commercial Resources, LP; Providing for Severability; and Containing Other Provisions Relating to the Subject. Vote was as follows: Councilman Ford Aye Councilman Stoll Aye Councilman Degges Absent Councilman Townsend Aye Councilman Klein Quinn Aye Motion carried unanimously. 8.4 Motion was made by Councilman Townsend, second by Councilman Stoll, to read Ordinance No. 2019-18 by caption only on First Reading. Motion carried unanimously. Motion was made by Councilman Townsend, second by Councilman Klein Quinn, to adopt, on First Reading, Ordinance No. 2019-18, an Ordinance Amending the Code of Ordinances of the City Council of the City of Tomball, Texas, by Repealing Article III. – Bingo Gross Receipts Tax, Section 42-58. – Construction Minutes Regular City Council Meeting August 5, 2019 Page 5 of 5 and Administration. and Section 42-59 – Levy Of Tax., in Its Entirety; Providing for Severability; and Making Other Provisions and Findings Related Thereto. Vote was as follows: Councilman Ford Aye Councilman Stoll Aye Councilman Degges Absent Councilman Townsend Aye Councilman Klein Quinn Aye Motion carried unanimously. 8.5 Executive Session: The City Council recessed at 6:36 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. 551.071 - Consultation with the City Attorney regarding a Matter that the Attorney’s Duty Requires to be Discussed in Closed Session ◦ Sec. 551.072 - Deliberations regarding Real Property Upon reconvening into regular session at 6:49 p.m., no action was taken. 9.0 Motion was made by Councilman Townsend, second by Councilman Klein Quinn, to adjourn. Motion carried unanimously. Meeting adjourned. PASSED AND APPROVED this the 19th day of August 2019. 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, AUGUST 5, 2019 6:00 P.M. Notice is hereby given of a Regular meeting of the Tomball City Council, to be held on Monday, August 5, 2019 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 Ed Matthews – Newness of Life Church 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: • Tomball City Pool – 2019 Swim Season - Jerry Matheson Park Pool will operate with normal hours through August 18. The pool will be open on Saturday and Sunday only on the weekends of August 24-25 and August 31-September 1. The pool will be closed every Monday during swim season 2019, except Labor Day (September 2). Normal pool hours are: Tuesday – Friday: 10 a.m.-6 p.m. and Saturday & Sunday: 12 p.m.-8 p.m. • August 10, 2019 – 2nd Saturday at the Depot • September 28, 2019 – GroovFest ’19 at the Depot • October 5, 2019 – 5th “Annual Paces for Pink” 5K Run • October 12, 2019 – “Zomball in Tomball” • October 19, 2019 – Freight Train Food Truck Festival at the Depot Agenda Regular City Council Meeting August 5, 2019 Page 2 of 4 • October 26, 2019 – 9th Annual Tomball Bluegrass Festival – 12:00 Noon-6:00 p.m. • Reports by City staff and members of council about items of community interest on which no action will be taken: ◦ Denise Fiore – Report on the success of the 2019 Tomball Kids’ Club ◦ Mike Baxter – Report on the success of the City's Apollo 11 - 50th Anniversary Regional Celebration 6.0 Approve the Minutes of the July 15, 2019 Special Tomball City Council Meeting and the July 15, 2019 Regular Tomball City Council Meeting 7.0 New Business Consent Agenda: [All matters listed under Consent Agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, the item in question will be removed from the Consent Agenda and will be considered separately. Information concerning Consent Agenda items is available for public review.] 7.1 Approve Resolution No. 2019-23, a Resolution of the City Council of the City of Tomball, Texas, Supporting HVM BP Tomball Cong., LLC, for the Rehabilitation of the Elderly Designated Multi-Family Housing Development Known as The Village Apartments and Authorize the Mayor to Issue a Letter of Support 7.2 Approve Resolution No. 2019-25, a Resolution of the City of Tomball, Harris County, Texas, Dedicating 2.72 Acres of Open Space/Parkland along the J131-01- 00 Tributary of Boggs Gully Drainage Way in the Broussard Community Park as Described in Exhibit (A) Attached as Open Space for Perpetuity, as Required by The Texas Parks and Wildlife Department; Approving the Terms and Conditions of the Agreement; Authorizing Its Execution by the City Manager; Repealing All Resolutions in Conflict; Providing a Severability Clause; and Providing an Effective Date 7.3 Approve Proposed Amendments to Administrative Policy No. 23, entitled “Park Reservation Policy (Railroad Depot Gazebo, Railroad Depot Plaza, Juergens Park, Jerry Matheson Park, Theis Attaway Nature Park)” 7.4 Approve Administrative Policy No. 26, entitled “Rules and Regulations for City of Tomball Parks” 7.5 Approve Purchase of Equipment from Kompan, Inc. for Broussard Community Park, in the Amount of $94,273.49 7.6 Award Contract for Project No. 2019-07, for the Purchase of Materials for Phase II of a Utility Extension, to Accurate Utility Supply in the Amount of $158,893.65 Agenda Regular City Council Meeting August 5, 2019 Page 3 of 4 8.0 New Business: 8.1 Conduct First Public Hearing Regarding the Proposed Budget for Fiscal Year 2019-2020 8.2 Approve Resolution No. 2019-24, a Resolution of the City Council of the City of Tomball, Texas, Calling for a Public Hearing on the Creation of a Public Improvement District, Said Public Improvement District Being Located within the City of Tomball (TPID 10 – Raburn Reserve Subdivision) 8.3 Consider Request from Raburn Commercial Resources, LP to Abandon Public Rights-of-Way and Adopt, on First Reading, Ordinance No. 2019-15, an Ordinance of the City of Tomball, Texas, Finding and Determining that Public Convenience and Necessity no Longer Require the Continued Existence of Parts of Unimproved Roadways Between Persimmon Road and Hufsmith-Kohrville Road, all Situated in the Jesse Pruitt Survey, Abstract Number 629, City of Tomball, Harris County, Texas; Vacating, Abandoning, and Closing Said Unimproved Roadways and Street Rights-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 Raburn Commercial Resources, LP; Providing for Severability; and Containing Other Provisions Relating to the Subject 8.4 Adopt, on First Reading, Ordinance No. 2019-18, an Ordinance Amending the Code of Ordinances of the City Council of the City of Tomball, Texas, by Repealing Article III. – Bingo Gross Receipts Tax, Section 42-58. – Construction and Administration. and Section 42-59 – Levy Of Tax., in Its Entirety; Providing for Severability; and Making Other Provisions and Findings Related Thereto 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. 551.071 - Consultation with the City Attorney regarding a Matter that the Attorney’s Duty Requires to be Discussed in Closed Session ◦ Sec. 551.072 - Deliberations regarding Real Property 9.0 Adjournment Agenda Regular City Council Meeting August 5, 2019 Page 4 of 4 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 1st day of August 2019 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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