Regular City Council

MINUTES OF REGULAR CITY COUNCIL CITY OF TOMBALL, TEXAS Monday, October 21, 2024 6:00 PM A. Mayor L. Klein-Quinn called the meeting of the City of Tomball Council to order at 6:15 P.M. PRESENT Council 1 John Ford Council 2 Paul Garcia Council 3 Dane Dunagin Council 4 Lisa A. Covington Council 5 Randy Parr OTHERS PRESENT City Manager - David Esquivel Assistant City Manager - Jessica Rogers City Secretary - Tracy Garcia City Attorney - Loren Smith Director of Community Development - Craig Meyers Human Resources Director - Kristie Lewis Fire Chief - Joe Sykora Finance Director - Bragg Farmer Public Works Director - Drew Huffman IT Director - Tom Wilson Director of Marketing & Tourism - Chrislord Templonuevo Police Lieutenant - Albert Chambers Assistant Fire Chief/Fire Marshal - Jeff Cook Director of Special Projects - Luisa Taylor Records Specialist - Fae Morris Project Manager - Meagan Mageo B. Invocation - Led by Pastor Adam McIntosh with St. David's Church C. Pledges to U.S. and Texas Flags by City Attorney, Loren Smith  Minutes Regular City Council October 21, 2024 Page 2 of 11 D. 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.] Bruce Hillegeist - New Business H 4, 5, 6 and 7 20339 Telge Rd. Tomball, Texas Rayford McCoy - HOT application for Museum 31215 Helen Ln. Tomball, Texas Katie Whisler - interest in serving on TAC 606 Carrell St. Tomball, Texas Lori Ball - interest in serving on TAC 13519 Sleepy Ln. Tomball, Texas Edgar McNutt - opposition of expansion of Stella Ln. 31427 Stella Ln. Tomball, Texas Vic Friday - opposes replat of 37 homes by Tomball 31503 Capella Cir. Hills Tomball, Texas Mark Pauls 31511 Capella Cir. - opposes proposed Tomball Hills replat Tomball, Texas Jeffrey King - opposes replat of 37 homes by Tomball 31427 Capella Cir. Hills Tomball, Texas Brianna Julienne - opposes replat of 37 homes by Tomball 31307 Antonio Ln. Hills Tomball, Texas  Minutes Regular City Council October 21, 2024 Page 3 of 11 Larry Metcalf - opposes proposed Tomball Hills replat 31302 Antonio Ln. Tomball, Texas Vernon Piehl - opposes proposed Tomball Hills replat 28111 Linda Ln. Tomball, Texas Cheryl Dubrig - opposes proposed Tomball Hills replat 31227 Antonio Ln. Tomball, Texas Mary Piehl - opposes proposed Tomball Hills replat 28111 Linda Ln. Tomball, Texas Dianna & Randy Boychuck - opposes proposed Tomball Hills replat 31414 Stella Ln. Tomball, Texas Patty Hazlewood - opposes proposed development Tomball 31418 Stella Ln. Tomball, Texas Linda Graves - opposes proposed Tomball Hills replat 31315 Antonia Ln. Tomball, Texas Thomas Julien - opposes proposed Tomball Hills replat 31307 Antonia Ln. Tomball, Texas Josh Eckert - opposes the replat of Stella Ln. 31406 Stella Ln. Tomball, Texas Susan Murrell - opposes Lot 24 31314 Antonia Ln. Tomball, Texas Craig Finch - opposes proposed Tomball Hills replat 31527 Capella Cir. Tomball, Texas  Minutes Regular City Council October 21, 2024 Page 4 of 11 Trista Finch - opposes proposed Tomball Hills replat 31527 Capella Cir. Tomball, Texas Joyce Goodwin - opposes proposed development Tomball 31330 Alice Ln. Hills Tomball, Texas Susan Wood - opposes proposed development Tomball 28227 Camille Dr. Hills Tomball, Texas Robert & Jeannie Crippen - opposes proposed development Tomball 28207 Camille Dr. Hills Tomball, Texas Sandy Eckert - opposes proposed Tomball Hills replat & 31406 Stella Ln. development Tomball Hills Lot 24 Tomball, Texas Joy Criner - opposes proposed Tomball Hills 31419 Stella Ln. Tomball, Texas Jason Simms - Clayton St. water – city ordinance 518 Clayton St. Tomball, Texas Misty & Tommy Greene - opposes Lot 24 becoming a neighborhood 31530 Capella Cir. in Tomball Hills Tomball, Texas E. Reports and Announcements 1. Announcements I. Upcoming Events: November 2, 2024 – Tidy Up Tomball 8 a.m. to 11 a.m. @ Tomball Baptist Church November 9, 2024 – 2nd Saturday 4 p.m. – 8 p.m. @ Depot  Minutes Regular City Council October 21, 2024 Page 5 of 11 November 14, 2024 – Mayor’s Holiday Kaffeeklatsch 11:30 a.m. – 1 p.m. @ Community Center November 16, 2024 – Depot Day Fall Fest 11 a.m. – 6 p.m. @ Depot F. Old 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.] 1. Approve, on Second Reading, Resolution No. 2024-33-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 Performance Agreement by and between the Corporation and Kara Miles Hair (KMH Studio), LLC to make direct incentives to, or expenditures for, rental assistance for new or expanded business enterprise to be located at 22525 Hufsmith-Kohrville Road, Bldg. 1-Suite 1-C, Tomball, Texas 77375. The estimated amount of expenditures for such Project is an amount not to exceed $10,000.00. 2. Adopt, on Second Reading, Ordinance No. 2024-27, 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 5.001 acres of land legally described as being Outlot 281 of the Corrected Map of Tomball Outlots, from the Light Industrial District to the Commercial District. The property is located in the 1000 Block (west side) of South Persimmon Street, within the city of Tomball, Harris County, Texas; 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 made by Council 1 Ford, Seconded by Council 2 Garcia. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. G. Old Business 1. Adopt, on Second Reading, Ordinance No. 2024-32, an Ordinance of the City of Tomball, Texas, Setting the Tax Levy of $0.336365/$100 Value Assessed for the Year 2024 on All Taxable Real and Personal Property Located in the City of  Minutes Regular City Council October 21, 2024 Page 6 of 11 Tomball, Texas; Providing for Penalty, Interest, and Additional Penalty on Taxes Not Timely Paid; and Providing Other Matters Relating to the Subject Motion made by Council 1 Ford, Seconded by Council 5 Parr. Voting Yea: Council 2 Garica, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Voting Nay: Council 1 Ford Motion carried 4 votes Yea, 1 vote Nay. H. 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.] 1. Approve Minutes of the October 7, 2024, Special and Regular City Council meetings. 4. Consideration of Application from the Greater Tomball Area Chamber of Commerce for use of FY 2024-2025 Hotel Occupancy Tax Funds for the 2024 Holiday Parade. 5. Consideration of Application from the Greater Tomball Area Chamber of Commerce for use of FY 2024-2025 Hotel Occupancy Tax Funds for the 2025 Tomball Night. 6. Consideration of Application from the Greater Tomball Area Chamber of Commerce for use of FY 2024-2025 Hotel Occupancy Tax Funds for the Visitor Center. 7. Approve supporting the 59th Annual Tomball Holiday Parade to be held in the City of Tomball at 10:00 a.m. on Saturday, November 23, 2024, and to Approve Requested Street Closures and In-Kind Services. 8. Approve supporting the Frost Bank First Responders Luncheon to be held at the Depot in the City of Tomball from 11:30 a.m. to 1:30 p.m. on Thursday, October 24, 2024. 10. Approve a contract with B & C Constructors, LP for the construction and installation of the antique train equipment and required improvements, through a 1GPA Contract (Contract No. 24-06DP-01) for a not-to-exceed amount of  Minutes Regular City Council October 21, 2024 Page 7 of 11 $102,055, approve the expenditure of funds therefor, and authorize the City Manager to execute any and all documents related to the purchase. This expenditure is included in the Fiscal Year 2024-2025 Budget to be paid from the American Rescue Plan Act funds. 11. Approve acceptance of a grant award for the CenterPoint Energy Foundation in the amount of $160,000 to the Tomball Legacy Fund, authorize the expenditure of funds therefor, and authorize the City Manager to execute the agreement. 12. Approve the purchase of vehicle upfitting and other repairs and maintenance from Dana Safety Supply, Inc. through a BuyBoard Cooperative Purchasing Network (Contract #698-23) for a not-to-exceed amount of $180,500, approve the expenditure of funds therefor, and authorize the City Manager to execute any and all documents related to the purchase. The purchases are included in the FY 2024- 2025 Budget. Motion made by Council 1 Ford, Seconded by Council 4 Covington to approve New Business Consent agenda items 1, 4 - 8 and items 10 - 12. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 2. Consideration of Application from the Tomball Sister City Organization for use of FY 2024-2025 Hotel Occupancy Tax Funds for the 2024 German Christmas Market. Motion made by Council 1 Ford, Seconded by Council 4 Covington. Craig Bogner - German Heritage Festival Motion made by Councilman Ford to amend his original motion to approve the application pending the correction of the financial statements provided in the application as well as the number of employees. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. Voting Yea on the amended motion: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr  Minutes Regular City Council October 21, 2024 Page 8 of 11 Motion carried unanimously. 3. Consideration of Application from the Tomball Sister City Organization for use of FY 2024-2025 Hotel Occupancy Tax Funds for the 2025 German Heritage Festival. Motion made by Council 1 Ford, Seconded by Council 3 Dunagin. Motion made by Councilman Ford to amend his original motion to approve the application pending the correction of the financial statements provided in the application as well as the number of employees. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. Voting Yea on the amended motion: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 9. Approve a contract with Hayden Paving, Inc. to complete the parking lot addition at Jerry Matheson Park, through a BuyBoard Contract (Contract No. 700-23) for a not-to-exceed amount of $64,388, approve the expenditure of funds therefor, and authorize the City Manager to execute any and all documents related to the purchase. This expenditure is included in the Fiscal Year 2024-2025 Budget and Capital Improvement Plan. Motion made by Council 1 Ford, Seconded by Council 4 Covington. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. I. New Business 1. Consideration and discussion regarding appointment/reappointment to the Tourism Advisory Committee. Mayor Klein Quinn reminded the Council that Katie Whisler and Laura Ball had introduced themselves during the Public Comment segment at the beginning of  Minutes Regular City Council October 21, 2024 Page 9 of 11 the meeting. However, Gilianne Bijoux did not, and she came to the podium to introduce herself. 2. Consideration and discussion regarding appointment/reappointment to the Board of Adjustments. 3. Consideration of Application from the Spring Creek County Historical Association for use of FY 2024-2025 Hotel Occupancy Funds for 2024-2025 Operations Activities. Motion made by Council 5 Parr, Seconded by Council 3 Dunagin. Motion made by Councilman Parr to amend his original motion to approve the full amount of $59,000. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. Voting Yea on the amended motion: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 4. Approve Resolution No. 2024-37 Designating Authorized Representatives to Conduct Authorized Participation in TexPool and TexPool Prime on Behalf of the City of Tomball. Motion made by Council 1 Ford, Seconded by Council 4 Covington. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 5. Conduct a public hearing and consideration to approve Zoning Case Z24-16: Request by Mike Matheson, to amend Chapter 50 (Zoning) of the Tomball Code of Ordinances, by rezoning approximately 1.0402 acres of land legally described as being Lot 72, Block 1 of Acquest Tomball Replat No.1 from Office (O) to the General Retail (GR) zoning district. The property is located at 1211 Rudel Drive, within the City of Tomball, Harris County, Texas.  Minutes Regular City Council October 21, 2024 Page 10 of 11  Mayor opened the Public Hearing at 7:47 p.m. Jason Haus (represented the applicant) Red Grip LLC  Mayor closed the Public Hearing at 7:50 p.m. Adopt, on First Reading, Ordinance No. 2024-31, an Ordinance of the City of Tomball, Texas, amending Chapter 50 of the Tomball Code of Ordinances by rezoning approximately 1.0402 acres of land legally described as being Lot 72, Block 1 of Acquest Tomball Replat No.1 from Office (O) to the General Retail (GR) zoning district. The property is located at 1211 Rudel Drive, within the City of Tomball, Harris County, Texas; 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. No action taken. 6. Approve an agreement with Silsbee Toyota, for one Toyota Tacoma through the TIPS Purchasing (Contract TIPS USA #210907 AUTOMOBILES) for a not-to- exceed amount of $34,411.25 authorize the expenditure of funds therefor and authorize the City Manager to execute any and all documents related to the expenditure. This amount is included in the FY 2024-2025 budget. Motion made by Council 3 Dunagin, Seconded by Council 5 Parr. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 7. 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. 551.074 – Personnel Matters; Deliberation of the Appointment, Employment, and Duties of a Public Officer or Employee – City Manager Executive Session started: 8:03 p.m.  Minutes Regular City Council October 21, 2024 Page 11 of 11 Executive Session ended: 9:30 p.m. 8. Consideration and possible action regarding settlement agreement with Peter and Sylvia Hildrieth. Motion made by Council 4 Covington, Seconded by Council 5 Parr to accept as discussed. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 9. Discussion and Approval of the Employment Contract for City Manager, David Esquivel, PE Motion made by Council 3 Dunagin, Seconded by Council 5 Parr. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. J. Meeting adjourned at 9:33 P.M. PASSED AND APPROVED this 4th day of November 2024. Tracylynn Garcia Lori Klein Quinn Tracylynn Garcia Lori Klein Quinn City Secretary, TRMC, MMC, CPM Mayor