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City Council Regular Meeting

Regular Meeting

Tomball, TX · June 15, 2020

AgendaPacketMinutes

Minutes

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS MONDAY, JUNE 15, 2020 6:00 P.M. The City Council of the City of Tomball, Texas, conducted the meeting scheduled for June 15, 2020, 6:00 p.m., at 401 Market Street, Tomball, Texas, 77375, via video/telephone conference (Zoom). 1.0 Mayor Fagan called the meeting to order at 6:00 p.m., having established a quorum. Mayor Fagan read a statement regarding the process for the conduct of the meeting via Zoom and telephone. Members present (in person): Councilman Stoll Councilman Degges Councilman Townsend Councilman Klein Quinn Members absent: Councilman Ford – Excused Others present: City Manager – Robert Hauck (in person) Assistant City Manager – David Esquivel (in person) City Secretary – Doris Speer (in person) City Attorney – Loren B. Smith (via video) Legal Secretary-Olson & Olson – Layla Walker (via video) Fire Chief – Randy Parr (via video) Marketing Director – Mike Baxter (via video) Finance Director – Glenn Windsor (in person) Director of Public Works – Beth Jones (in person) Director of Community Development – Craig Meyers (in person) Fire Marshal – Joe Sykora (via video) Community Events Coordinator – Denise Fiore (via video) Assistant City Secretary – Tracy Garcia (in person) CSO Administrative Assistant – Sasha Luna (in person) TEDC-Executive Director – Kelly Violette (in person) Police Officer-Investigations – Cleo Thomas (in person) 2.0 The invocation was led by Pastor Greg Sipe – Church 1:37 Minutes Regular City Council Meeting June 15, 2020 Page 2 of 5 3.0 Pledges to U. S. and Texas Flags were led by Joe Sykora. 4.0 No public comments were received. 5.0 Reports and Announcements: • Tomball City Pool – 2020 Swim Season - Jerry Matheson Park Pool will operate with normal hours through August 16. The pool will be open on Saturday and Sunday only on the weekends of August 22-23 and August 29-30. The pool will be closed every Monday during swim season 2020, except July 4th, and Labor Day (September 7). Normal pool hours are: Tuesday – Friday: 10 a.m.-6 p.m. and Saturday & Sunday: 12 p.m.-8 p.m. • TOMBALL KID'S CLUB – Activities: June 23, 25, 30 and July 2, 7, 9, 14, 16, 21, 23, 28, and 30 from 10:30 a.m. to 12:30 p.m., at Juergens Park • June 27, 2020 – Beat the Heat at the Depot – a Swim Safe Forever Northwest Houston Chapter Event • July 4, 2020 – July Fourth Fireworks Display – FM 2920 at SH 249, 9:30 p.m.; Musical Presentation on FM 95.3 beginning at 8:30 p.m. • July 11, 2020 – 2nd Saturday at the Depot – Movie Only, beginning at 8:30 p.m. • August 7, 2020 – Tomball Night, a Greater Tomball Area Chamber of Commerce Event • 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 Klein Quinn, second by Councilman Townsend, to approve the Minutes of the June 1, 2020 Regular Tomball City Council Meeting Motion carried unanimously. 7.0 New Business: 7.1 Mayor Fagan opened the Public Hearing of the City Council of the City of Tomball to Receive Input from Members of the Public on the Proposal to Reauthorize Its Tax Abatement Guidelines and Criteria at 6:10 p.m. Receiving no public comments, Mayor Fagan closed the Public Hearing at 6:10 p.m. 7.2 Motion was made by Councilman Townsend, second by Councilman Klein Quinn, to approve Request by The Tomball Rotary Club for City Support and In-Kind Services for the Big Show at the Depot & 51st Anniversary Fish Fry at the Tomball Depot, to be Held on Saturday, November 7, 2020, from 4:00 p.m. to 9:00 p.m. Motion carried unanimously. Minutes Regular City Council Meeting June 15, 2020 Page 3 of 5 7.3 Motion was made by Councilman Townsend, second by Councilman Stoll, to approve Resolution No. 2020-17, a Resolution of the City Council of the City of Tomball, Texas, Approving the First Amendment to the Development Agreement relating to the Raburn Reserve Public Improvement District Project Motion carried unanimously. 7.4 Chesmar Homes presented a Bonded Public Improvement District Proposal (TPID 11 – Wood Leaf Reserve). No action required. 7.5 City Council received the Tomball Economic Development Corporation (TEDC) 2019-2020 Annual Report, as presented by Kelly Violette. 7.6 Motion was made by Councilman Stoll, second by Councilman Townsend, to reappoint Richard Bruce, Bill Sumner, Jr., Will Benson, and Clete Jaeger to their respective positions as members of the Tomball Economic Development Corporation Board of Directors for terms to expire on May 31, 2022. Motion carried unanimously. 7.7 Motion was made by Councilman Townsend, second by Councilman Stoll, to approve, as a Project of the Tomball Economic Development Corporation, an Agreement with Houston Poly Bag I, Ltd., to Make Direct Incentives to or Expenditures for the Creation or Retention of Primary Jobs associated with the Expansion and Development of Its Current Facility located at 11726 Holderrieth Rd., Tomball, Texas 77375. The Estimated Amount of Expenditures for such Project is an Amount Not to Exceed $84,894.00. Motion carried unanimously. 7.8 Consideration was WITHDRAWN, at the request of Kelly Violette, for a proposed Project of the Tomball Economic Development Corporation, an Agreement with Wildcat PPE, LLC, to Make Direct Incentives to or Expenditures for the Creation or Retention of Primary Jobs associated with the Relocation and Development of Its Corporate Headquarters to be located at 14430 Medical Complex Drive, Tomball, Texas 77377. The Estimated Amount of Expenditures for such Project is an Amount Not to Exceed $250,000.00. No action required. 7.9 Consideration and Possible Action to Approve Zoning Case P20-079: Request by the City of Tomball to amend Chapter 50 (Zoning) of the Tomball Code of Ordinances by rezoning approximately 1.66 acres out of 2.135 acres of land legally Minutes Regular City Council Meeting June 15, 2020 Page 4 of 5 described as Lot 1 Block 1 City of Tomball Railroad Museum, from the Single- Family 6 District to the Old Town & Mixed Use District. The property is generally located on the west side of the Burlington Northern Railroad and the east side of the Elm Street right-of-way, within the City of Tomball, Harris County, Texas. • Mayor Fagan opened the Public Hearing of the City Council of the City of Tomball to consider Zoning Case P20-079 at 7:09 p.m. Receiving no public comments, Mayor Fagan closed the Public Hearing at 7:09 p.m. • Motion was made by Councilman Townsend, second by Councilman Degges, to read Ordinance No. 2020-10 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. 2020-10, 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 1.66 Acres out of 2.135 Acres of Land Legally Described as Lot 1 Block 1 City of Tomball Railroad Museum, from the Single-Family 6 District to the Old Town & Mixed Use District, said Property being generally located on the West Side of the BNSF Railroad and the East Side of the Elm Street Right-of-Way, within the City of Tomball, Harris County, Texas; 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 Absent Councilman Stoll Aye Councilman Degges Aye Councilman Townsend Aye Councilman Klein Quinn Aye Motion carried unanimously. 7.10 Motion was made by Councilman Stoll, second by Councilman Degges, to award Contract for E&P Project 2019-10040 to PM Construction & Rehab, LLC., in the Amount of $400,605.00, for the Sanitary Sewer Rehabilitation Project. Motion carried unanimously. Minutes Regular City Council Meeting June 15, 2020 Page 5 of 5 8.0 Motion was made by Councilman Degges, second by Councilman Townsend, to adjourn. Motion carried unanimously. Meeting adjourned at 7:16 p.m. PASSED AND APPROVED this the 6th day of July 2020. 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, JUNE 15, 2020 6:00 P.M. IN ACCORDANCE WITH ORDER OF THE OFFICE OF THE GOVERNOR ISSUED MARCH 16, 2020, THE CITY COUNCIL OF THE CITY OF TOMBALL, TEXAS, WILL CONDUCT THE MEETING SCHEDULED FOR JUNE 1, 2020, 6:00 P.M., AT 401 MARKET STREET, TOMBALL, TEXAS, 77375. IN ORDER TO ADVANCE THE PUBLIC HEALTH GOAL OF LIMITING FACE- TO-FACE MEETINGS (ALSO CALLED “SOCIAL DISTANCING”) TO SLOW THE SPREAD OF THE CORONAVIRUS (COVID-19), THERE WILL BE LIMITED PUBLIC ACCESS TO THE LOCATION DESCRIBED ABOVE. THIS MEETING AGENDA AND THE AGENDA PACKET ARE POSTED ONLINE AT https://tomballtx.gov/Archive.aspx?AMID=38; A RECORDING OF THE MEETING WILL BE MADE AND WILL BE AVAILABLE TO THE PUBLIC IN ACCORDANCE WITH THE OPEN MEETINGS ACT UPON WRITTEN REQUEST. The public toll-free dial-in numbers to participate in the telephonic meeting are any one of the following (dial by your location): +1 312 626 6799 US (Chicago); +1 646 876 9923 US (New York); +1 301 715 8592 US; +1 346 248 7799 US (Houston); +1 408 638 0968 US (San Jose); +1 669 900 6833 US (San Jose); or +1 253 215 8782 US (Tahoma) - Meeting ID: 941 4970 1688. The public will be permitted to offer public comments telephonically, as provided by the agenda and as permitted by the presiding officer during the meeting. Notice is hereby given of a Regular meeting of the Tomball City Council, to be held on Monday, June 15, 2020 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 Greg Sipe – Church 1:37 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.] Agenda Regular City Council Meeting June 15, 2020 Page 2 of 4 5.0 Reports and Announcements: • Tomball City Pool – 2020 Swim Season - Jerry Matheson Park Pool will operate with normal hours through August 16. The pool will be open on Saturday and Sunday only on the weekends of August 22-23 and August 29-30. The pool will be closed every Monday during swim season 2020, except July 4th, and Labor Day (September 7). Normal pool hours are: Tuesday – Friday: 10 a.m.-6 p.m. and Saturday & Sunday: 12 p.m.-8 p.m. • TOMBALL KID'S CLUB – Activities: June 23, 25, 30 and July 2, 7, 9, 14, 16, 21, 23, 28, and 30 from 10:30 a.m. to 12:30 p.m., at Juergens Park • June 27, 2020 – Beat the Heat at the Depot – a Swim Safe Forever Northwest Houston Chapter Event • July 4, 2020 – July Fourth Fireworks Display – FM 2920 at SH 249, 9:30 p.m.; Musical Presentation on FM 95.3 beginning at 8:30 p.m. • July 11, 2020 – 2nd Saturday at the Depot – Movie Only, beginning at 8:30 p.m. • August 7, 2020 – Tomball Night, a Greater Tomball Area Chamber of Commerce Event • Reports by City staff and members of council about items of community interest on which no action will be taken: 6.0 Approve the Minutes of the June 1, 2020 Regular Tomball City Council Meeting 7.0 New Business: 7.1 Conduct Public Hearing to Receive Input from Members of the Public on the Proposal to Reauthorize Its Tax Abatement Guidelines and Criteria 7.2 Approve Request by The Tomball Rotary Club for City Support and In-Kind Services for the Big Show at the Depot & 51st Anniversary Fish Fry at the Tomball Depot, to be Held on Saturday, November 7, 2020, from 4:00 p.m. to 9:00 p.m. 7.3 Approve Resolution No. 2020-17, a Resolution of the City Council of the City of Tomball, Texas, Approving the First Amendment to the Development Agreement relating to the Raburn Reserve Public Improvement District Project 7.4 Discussion and Possible Action regarding Chesmar Homes' Bonded Public Improvement District Proposal (TPID 11) 7.5 Receive the Tomball Economic Development Corporation (TEDC) 2019-2020 Annual Report 7.6 Appoint/Reappoint Members to the Tomball Economic Development Corporation Board of Directors for Terms Expired as of May 31, 2020 Agenda Regular City Council Meeting June 15, 2020 Page 3 of 4 7.7 Consideration and Possible Action to Approve, as a Project of the Tomball Economic Development Corporation, an Agreement with Houston Poly Bag I, Ltd., to Make Direct Incentives to or Expenditures for the Creation or Retention of Primary Jobs associated with the Expansion and Development of Its Current Facility located at 11726 Holderrieth Rd., Tomball, Texas 77375. The Estimated Amount of Expenditures for such Project is an Amount Not to Exceed $84,894.00. 7.8 Consideration and Possible Action to Approve, as a Project of the Tomball Economic Development Corporation, an Agreement with Wildcat PPE, LLC, to Make Direct Incentives to or Expenditures for the Creation or Retention of Primary Jobs associated with the Relocation and Development of Its Corporate Headquarters to be located at 14430 Medical Complex Drive, Tomball, Texas 77377. The Estimated Amount of Expenditures for such Project is an Amount Not to Exceed $250,000.00. 7.9 Consideration and Possible Action to Approve Zoning Case P20-079: Request by the City of Tomball to amend Chapter 50 (Zoning) of the Tomball Code of Ordinances by rezoning approximately 1.66 acres out of 2.135 acres of land legally described as Lot 1 Block 1 City of Tomball Railroad Museum, from the Single- Family 6 District to the Old Town & Mixed Use District. The property is generally located on the west side of the Burlington Northern Railroad and the east side of the Elm Street right-of-way, within the City of Tomball, Harris County, Texas.  Conduct Public Hearing on Zoning Case P20-079  Adopt, on First Reading, Ordinance No. 2020-10, 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 1.66 Acres out of 2.135 Acres of Land Legally Described as Lot 1 Block 1 City of Tomball Railroad Museum, from the Single- Family 6 District to the Old Town & Mixed Use District, said Property being generally located on the West Side of the BNSF Railroad and the East Side of the Elm Street Right-of-Way, within the City of Tomball, Harris County, Texas; 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 7.10 Award Contract for E&P Project 2019-10040 to PM Construction & Rehab, LLC., in the Amount of $400,605.00, for the Sanitary Sewer Rehabilitation Project 8.0 Adjournment Agenda Regular City Council Meeting June 15, 2020 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 11th day of June 2020 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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