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Regular City Council Meeting

Regular Meeting

Tomball, TX · November 16, 2020

AgendaPacketMinutes

Minutes

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, November 16, 2020 6:00 PM The City Council of the City of Tomball, Texas, conducted the meeting scheduled for November 16, 2020, 6:00 PM, at 401 Market Street, Tomball, Texas 77375, via video/telephone conference. A. Call to Order 6:00pm PRESENT: Mayor Gretchen Fagan Council 1 John Ford Council 2 Mark Stoll Council 3 Chad Degges Council 4 Derek Townsend, Sr Council 5 Lori Klein Quinn OTHERS PRESENT: City Manager – Robert Hauck Assistant City Manager – David Esquivel Assistant City Secretary – Tracylynn Garcia City Attorney – Loren Smith Police Chief – Jeff Bert Assistant Fire Chief - Taner Drake Marketing Director – Mike Baxter (via video) Finance Director – Glenn Windsor Director of Community Development – Craig Meyers Police Detective – Ron McGullion Administrative Assistant- Sasha Luna Administrative Assistant - Johnita Robinson Accountant – Luisa Taylor B. Invocation - Led by PD Chaplain Gary Crowe, TPD Chaplain C. Pledges to U.S. and Texas Flags led by Troop 469 D. No public comments were received. E. Presentations Minutes Regular City Council Meeting November 16, 2020 Page 2 of 5 1. Al Gerhardt, Tomball Lions Club - $500 donation each to Fire and Police Departments for annual Christmas Programs F. Reports and Announcements 1. Announcements I. November 20, 2020 – 2 :00 pm Fire Station Statue Unveiling and at 7:00 pm - Christmas Tree Lighting at the Depot – both are a Facebook Live Event II. November 26-27, 2020 – Thanksgiving Holiday – City offices closed III. December 24-25, 2020 – Christmas Holidays – City offices closed IV. January 1, 2021 – New Year’s Day Holiday – City offices closed 2. Reports by City staff and members of council about items of community interest on which no action will be taken: I. Glenn Windsor/Luisa Taylor – Quarterly Investment Report for Period Ending September 30, 2020. 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, 2020, the City had total cash and cash equivalents in the amount of $62,534,134.00. G. Approval of Minutes 1. Motion made by Council 4 Townsend, Sr, Seconded by Council 2 Stoll to approve the Minutes of the November 2, 2020 Special Joint City Council & TEDC meeting and the Regular Tomball City Council Meeting. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr, Council 5 Klein Quinn. Motion carried unanimously. H. Old Business Minutes Regular City Council Meeting November 16, 2020 Page 3 of 5 1. Motion made by Council 4 Townsend, Sr, Seconded by Council 5 Klein Quinn adopt on Second Reading, Ordinance No. 2020-32, an Ordinance of the City of Tomball, Texas Amending the Code of Ordinances by Repealing Section 46.56 – Deposits Required and Section 46.57 – Refund of Deposits, of Article II, Rates and Charges, of Chapter 46, Utilities, in Their Entirety; Adopting a New Section 46.56 – Utility Account Deposits, Establishing the Terms and Conditions for Utility Account Deposits and Refunds of Utility Account Deposits; 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 Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr, Council 5 Klein Quinn Motion carried unanimously. I. New Business 1. Motion made by Council 4 Townsend, Sr, Seconded by Council 5 Klein Quinn. approve Resolution No. 2020-38, a Resolution of the City of Tomball, Texas, amending the Utility Rate Computation and Impact Fee Effective Dates in the Master Fee Schedule for Fiscal Year 2020-2021. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr, Council 5 Klein Quinn Motion carried unanimously. 2. Motion made by Council 4 Townsend, Sr, Seconded by Council 1 Ford approve Resolution No. 2020-42, 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 and being located within the City of Tomball Voting Yea: Council 1 Ford, Council 3 Degges, Council 4 Townsend, Sr, Council 5 Klein Quinn Voting Nay: Council 2 Stoll Minutes Regular City Council Meeting November 16, 2020 Page 4 of 5 Motion carried 4 votes yay, 1 vote nay. 3. Consideration to approve Zoning Case P20-295: Request by the City of Tomball to amend Section 50-79 (Old Town & Mixed Use District) of the Tomball Code of Ordinances by amending Section 50-79(d) (Area regulations for residential uses) and Section 50-79(e) (Area regulations for nonresidential uses).  Conduct Public Hearing on Zoning Case P20-295 Mayor Fagan opened the Public Hearing of the City Council of the City of Tomball regarding the consideration to approve Zoning Case P20-295: Request by the City of Tomball to amend Section 50-79 (Old Town & Mixed Use District) of the Tomball Code of Ordinances by amending Section 50-79(d) (Area regulations for residential uses) and Section 50-79(e) (Area regulations for nonresidential uses) at 6:27 p.m. Receiving no public comments, Mayor Fagan closed the Public Hearing at 6:27 p.m. Motion made by Council 4 Townsend, Sr, Seconded by Council 3 Degges to read Ordinance No. 2020-33 by Caption only. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr, Council 5 Klein Quinn Motion carried unanimously. Motion made by Council 3 Degges, Seconded by Council 4 Townsend to Adopt, on First Reading, Ordinance No. 2020-33, an Ordinance of the City of Tomball, Texas amending its Code of Ordinances by amending Section 50-79, Old Town and Mixed-Use District (OT and MU), of Article III, District Regulations, of Chapter 50, Zoning, to allow a zero front or rear building line for lots within the portion of the Old Town Area bounded by Fannin Street, Houston Street, the railroad tracks, and Pine Street, and including the lots that front on Fannin Street and Houston Street adjacent to such portion under certain conditions; 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. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr, Council 5 Klein Quinn Minutes Regular City Council Meeting November 16, 2020 Page 5 of 5 Motion carried unanimously. 4. Motion made by Council 4 Townsend, Sr, Seconded by Council 5 Klein Quinn to read Ordinance No. 2020-33 by Caption only. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr, Council 5 Klein Quinn Motion carried unanimously. Motion made by Council 4 Townsend, Sr, Seconded by Council 1 Ford to adopt, on First Reading, Ordinance No. 2020-34, an Ordinance Altering the Prima Facie Speed Limits Established for Vehicles under the Provisions of §545.356, Texas Transportation Code, upon the Basis of an Engineering and Traffic Investigation, upon Pine Meadows Street, Pine Woods Street, and Scotch Pines Street, or Parts Thereof, within the Corporate Limits of The City of Tomball, as Set Out in This Ordinance, and Providing a Penalty of a Fine in an Amount Not to Exceed Two Hundred Dollars ($200.00) for the Violation of this Ordinance. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr, Council 5 Klein Quinn Motion carried unanimously. J. Adjournment Motion made by Council 4 Townsend, Sr, Seconded by Council 5 Klein Quinn. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr, Council 5 Klein Quinn Motion carried unanimously. PASSED AND APPROVED this the 7th day of December 2020. Tracylynn Garcia Gretchen Fagan Tracylynn Garcia Gretchen Fagan Assistant City Secretary, TRMC, CMC, Mayor CPM

Agenda

NOTICE OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, November 16, 2020 6:00 PM Notice is hereby given of a Regular meeting of the Tomball City Council, to be held on Monday, November 16, 2020 at 6:00 PM, 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. 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 NOVEMBER 16, 2020, 6:00 PM, 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: 834 9973 5802. 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. A. Call to Order B. Invocation - Led by PD Chaplain Gary Crowe, TPD Chaplain C. Pledges to U.S. and Texas Flags led by Troop 469 Agenda Regular City Council Meeting November 16, 2020 Page 2 of 4 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.] E. Presentations 1. Al Gerhardt, Tomball Lions Club - $500 donation each to Fire and Police Departments for annual Christmas Programs F. Reports and Announcements 1. Announcements I. November 20, 2020 – 2 :00 pm Fire Station Statue Unveiling and at 7:00 pm - Christmas Tree Lighting at the Depot – both are a Facebook Live Event II. November 26-27, 2020 – Thanksgiving Holiday – City offices closed III. December 24-25, 2020 – Christmas Holidays – City offices closed IV. January 1, 2021 – New Year’s Day Holiday – City offices closed 2. Reports by City staff and members of council about items of community interest on which no action will be taken: I. Glenn Windsor/Luisa Taylor – Quarterly Investment Report for Period Ending September 30, 2020. 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, 2020, the City had total cash and cash equivalents in the amount of $62,534,134.00. G. Approval of Minutes 1. Approve the Minutes of the November 2, 2020 Special Joint City Council & TEDC meeting and the Regular Tomball City Council Meeting. H. Old Business Agenda Regular City Council Meeting November 16, 2020 Page 3 of 4 1. Adopt on Second Reading, Ordinance No. 2020-32, an Ordinance of the City of Tomball, Texas Amending the Code of Ordinances by Repealing Section 46.56 – Deposits Required and Section 46.57 – Refund of Deposits, of Article II, Rates and Charges, of Chapter 46, Utilities, in Their Entirety; Adopting a New Section 46.56 – Utility Account Deposits, Establishing the Terms and Conditions for Utility Account Deposits and Refunds of Utility Account Deposits; 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 I. New Business 1. Approve Resolution No. 2020-38, a Resolution of the City of Tomball, Texas, amending the Utility Rate Computation and Impact Fee Effective Dates in the Master Fee Schedule for Fiscal Year 2020-2021 2. Approve Resolution No. 2020-42, 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 and being located within the City of Tomball 3. Consideration to approve Zoning Case P20-295: Request by the City of Tomball to amend Section 50-79 (Old Town & Mixed Use District) of the Tomball Code of Ordinances by amending Section 50-79(d) (Area regulations for residential uses) and Section 50-79(e) (Area regulations for nonresidential uses).  Conduct Public Hearing on Zoning Case P20-295  Adopt, on First Reading, Ordinance No. 2020-33, an Ordinance of the City of Tomball, Texas amending its Code of Ordinances by amending Section 50-79, Old Town and Mixed-Use District (OT and MU), of Article III, District Regulations, of Chapter 50, Zoning, to allow a zero front or rear building line for lots within the portion of the Old Town Area bounded by Fannin Street, Houston Street, the railroad tracks, and Pine Street, and including the lots that front on Fannin Street and Houston Street adjacent to such portion under certain conditions; 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. 4. Adopt, on First Reading, Ordinance No. 2020-34, an Ordinance Altering the Prima Facie Speed Limits Established for Vehicles under the Provisions of §545.356, Texas Transportation Code, upon the Basis of an Engineering and Traffic Investigation, upon Certain Streets and Highways, or Parts Thereof, within the Corporate Limits of The City of Tomball, as Set Out in This Ordinance, and Providing a Penalty of a Fine in an Amount Not to Exceed Two Hundred Dollars ($200.00) for the Violation of this Ordinance. Agenda Regular City Council Meeting November 16, 2020 Page 4 of 4 J. 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 12 day of November 2020 by 5:00 PM, and remained posted for at least 72 continuous hours preceding the scheduled time of said meeting. Tracylynn Garcia, Asst. City Secretary, TRMC, CMC, CPM 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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