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Regular City Council Meeting

Regular Meeting

Tomball, TX · February 1, 2021

AgendaPacketMinutes

Minutes

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, February 1, 2021 6:00 PM The City Council of the City of Tomball, Texas, conducted the meeting scheduled for February 1, 2021, 6:00 PM, at 401 Market Street, Tomball, Texas 77375, via video/telephone conference. A. Mayor Fagan called the meeting to order at 6:00 p.m.; Councilmembers present: 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 City Secretary – Doris Speer City Attorney – Loren B. Smith Assistant City Secretary – Tracylynn Garcia Police Chief – Jeff Bert Fire Chief – Randy Parr (via video) Marketing Director – Mike Baxter (via video) Finance Director – Glenn Windsor Director of Public Works – Beth Jones (via video) Director of Community Development – Craig Meyers CSO Administrative Assistant – Sasha Luna Fire Marshal – Joe Sykora Community Center Manager – Rosalie Dillon PID Contract Administrator – Scott Bean B. Invocation - Led by Pastor Tim Niekerk – Salem Lutheran Church C. Pledges to U.S. and Texas Flags – Led by Jeff Bert D. No public comments were received. Minutes Regular City Council Meeting February 1, 2021 Page 2 of 5 E. Reports and Announcements 1. Announcements I. Saturday, January 30, 2021 – Harris County Sheriff’s Jr. Posse “Pony Express” Annual Stop in Tomball, at the Depot – 9:00 a.m. II. February 12, 2021– Last day to apply for Place on Ballot for the May 1, 2021 General City Election – 5:00 p.m. III. Tomball Police Department Annual Data Capture Report – 2020 (SB 1074) 2. Reports by City staff and members of council about items of community interest on which no action will be taken: F. Approval of Minutes 1. Approve the Minutes of the January 18, 2021 Regular Tomball City Council Meeting Motion was made by Council 4 Townsend, Sr., seconded by Council 2 Stoll to approve the Minutes of the January 18, 2021 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. G. 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. Adopt, on Second Reading, Ordinance No. 2021-01, an Ordinance of the City of Tomball, Texas, Extending the City Limits of Said City to Include All of the Territory Within Certain Limits and Boundaries and Annexing to the City of Tomball All of the Territory Within Such Limits And Boundaries; Approving a Service Plan for All of the Area Within Such Limits and Boundaries; Containing Other Provisions Relating to the Subject; and Providing a Savings and Severability Clause (Being a 3.119-Acre (138,840 Square Feet) Tract or Parcel of Land Situated in the Elizabeth Smith Survey, A-70, Harris County, Texas, Being out of Unrestricted Reserve “C” of the Final Plat of Tomball Greens, as Minutes Regular City Council Meeting February 1, 2021 Page 3 of 5 Recorded under Film Code No. 440128 of the Map Records of Harris County, Texas, also Being Out and Part of a 5.00 Acre Tract Described in Deed Recorded under Clerk’s File No. Z331045 of the Real Property Records of Harris County, Texas) [11234 Spell Road, HCAD 1207880000010] 2. Adopt, on Second Reading, Ordinance No. 2021-02, an Ordinance of the City of Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of Ordinances by establishing the zoning district of approximately 3.119 acres of land, legally described as Reserve C3 Tomball Greens, within the City of Tomball, Harris County, Texas, to the General Retail District; said property being generally located at the northeast corner of Hufsmith-Kohrville Road and Spell Road at 11234 Spell Road; 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. Motion was made by Council 2 Stoll, seconded by Council 1 Ford to approve all Old Business Consent items in a single action. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion carried unanimously. H. New Business New Business items 1, 2 and 3 will not be considered during the February 1, 2021 meeting, at the request of the City Manager. Consensus of Council was unanimous to remove items 1, 2 and 3 from consideration. 1. Conduct Public Hearing of the City Council of the City of Tomball to Consider Proposed Assessments against Tomball Heights Properties in the City of Tomball Public Improvement District Number Nine, Established by City Council Resolution No. 2019-12 (Sydney’s Park) No Action Taken 2. Adopt on First Reading, Ordinance No. 2021-05, An Ordinance Of The City Council Of Tomball, Texas, Approving The Service And Assessment Plan For The City Of Tomball Public Improvement District Number Nine (Tomball Heights, aka Sydney’s Park) No Action Taken Minutes Regular City Council Meeting February 1, 2021 Page 4 of 5 3. Adopt on First Reading, Ordinance No. 2021-06, An Ordinance Of The City Council Of Tomball, Texas, Levying an Assessment Against Section One Properties Within The City Of Tomball Public Improvement District Number Nine (Tomball Heights Subdivision); And Making Certain Findings Related Thereto (Sydney’s Park) No Action Taken 4. Mayor Fagan opened the Public Hearing of the City Council of the City of Tomball to Consider Proposed Assessments against Section Seven and Eight in the City of Tomball Public Improvement District Number Two, Established by City Council Resolution No. 2007-22 (Raleigh Creek) at 6:08 p.m. Receiving no public comments, Mayor Fagan closed the public hearing at 6:08 p.m. No action necessary. 5. Motion was made by Council 4 Townsend, Sr., seconded by Council 2 Stoll to ready Ordinance No. 2021-11 by caption only on First Reading. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion carried unanimously. Motion was made by Council 4 Townsend, Sr., seconded by Council 2 Stoll to adopt on First Reading, Ordinance No. 2021-11, An Ordinance Of The City Council Of Tomball, Texas, Levying an Assessment Against Section Seven And Eight Properties Within The City Of Tomball Public Improvement District Number Two (Raleigh Creek Subdivision); And Making Certain Findings Related Thereto. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion carried unanimously. 6. Motion was made by Council 4 Townsend, Sr., seconded by Council 2 Klein Quinn to approve Resolution No. 2021-08, a Resolution and Order of the City Council of the City of Tomball, Texas, in Support of Greater Harris County 9-1-1 Legislation Minutes Regular City Council Meeting February 1, 2021 Page 5 of 5 Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion carried unanimously. 7. Motion was made by Council 4 Townsend, Sr., seconded by Council 5 Klein Quinn to approve Supplemental No. 1 to Professional Services Agreement for Engineering Services Related to Engineering & Planning Project No. 2017-10033 City of Tomball Livable Centers Implementation Alley Improvements, in the amount of $137,105.00 Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion carried unanimously. 8. Motion was made by Council 2 Stoll, seconded by Council 4 Townsend, Sr. to approve Change Order 4 for E&P Project Number 2017-10005, Medical Complex Segment 4B, to Durwood Greene Construction Co. for a total amount of $80,000.00 Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion carried unanimously. I. Motion was made by Council 4 Townsend, Sr., seconded by Council 2 Stoll to adjourn. 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 1st day of March 2021. Doris Speer Gretchen Fagan Doris Speer Gretchen Fagan City Secretary, TRMC, MMC Mayor

Agenda

NOTICE OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, February 01, 2021 6:00 PM Notice is hereby given of a Regular meeting of the Tomball City Council, to be held on Monday, February 01, 2021 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 FEBRUARY 1, 2021, 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: 848 6269 5064 - Passcode: 647327. 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 Pastor Tim Niekerk – Salem Lutheran Church C. Pledges to U.S. and Texas Flags Agenda Regular City Council Meeting February 01, 2021 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. Reports and Announcements 1. Announcements I. Saturday, January 30, 2021 – Harris County Sheriff’s Jr. Posse “Pony Express” Annual Stop in Tomball, at the Depot – 9:00 a.m. II. February 12, 2021– Last day to apply for Place on Ballot for the May 1, 2021 General City Election – 5:00 p.m. III. Tomball Police Department Annual Data Capture Report – 2020 (SB 1074) 2. Reports by City staff and members of council about items of community interest on which no action will be taken: F. Approval of Minutes 1. Approve the Minutes of the January 18, 2021 Regular Tomball City Council Meeting G. 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. Adopt, on Second Reading, Ordinance No. 2021-01, an Ordinance of the City of Tomball, Texas, Extending the City Limits of Said City to Include All of the Territory Within Certain Limits and Boundaries and Annexing to the City of Tomball All of the Territory Within Such Limits And Boundaries; Approving a Service Plan for All of the Area Within Such Limits and Boundaries; Containing Other Provisions Relating to the Subject; and Providing a Savings and Severability Clause (Being a 3.119-Acre (138,840 Square Feet) Tract or Parcel of Land Situated in the Elizabeth Smith Survey, A-70, Harris County, Texas, Being out of Unrestricted Reserve “C” of the Final Plat of Tomball Greens, as Recorded under Film Code No. 440128 of the Map Records of Harris County, Texas, also Being Out and Part of a 5.00 Acre Tract Described in Deed Recorded Agenda Regular City Council Meeting February 01, 2021 Page 3 of 4 under Clerk’s File No. Z331045 of the Real Property Records of Harris County, Texas) [11234 Spell Road, HCAD 1207880000010] 2. Adopt, on Second Reading, Ordinance No. 2021-02, an Ordinance of the City of Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of Ordinances by establishing the zoning district of approximately 3.119 acres of land, legally described as Reserve C3 Tomball Greens, within the City of Tomball, Harris County, Texas, to the General Retail District; said property being generally located at the northeast corner of Hufsmith-Kohrville Road and Spell Road at 11234 Spell Road; 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. H. New Business 1. Conduct Public Hearing of the City Council of the City of Tomball to Consider Proposed Assessments against Tomball Heights Properties in the City of Tomball Public Improvement District Number Nine, Established by City Council Resolution No. 2019-12 (Sydney’s Park) 2. Adopt on First Reading, Ordinance No. 2021-05, An Ordinance Of The City Council Of Tomball, Texas, Approving The Service And Assessment Plan For The City Of Tomball Public Improvement District Number Nine (Tomball Heights, aka Sydney’s Park) 3. Adopt on First Reading, Ordinance No. 2021-06, An Ordinance Of The City Council Of Tomball, Texas, Levying an Assessment Against Section One Properties Within The City Of Tomball Public Improvement District Number Nine (Tomball Heights Subdivision); And Making Certain Findings Related Thereto (Sydney’s Park) 4. Conduct Public Hearing of the City Council of the City of Tomball to Consider Proposed Assessments against Section Seven and Eight in the City of Tomball Public Improvement District Number Two, Established by City Council Resolution No. 2007-22 (Raleigh Creek) 5. Adopt on First Reading, Ordinance No. 2021-11, An Ordinance Of The City Council Of Tomball, Texas, Levying an Assessment Against Section Seven And Eight Properties Within The City Of Tomball Public Improvement District Number Two (Raleigh Creek Subdivision); And Making Certain Findings Related Thereto. Agenda Regular City Council Meeting February 01, 2021 Page 4 of 4 6. Approve Resolution No. 2021-08, a Resolution and Order of the City Council of the City of Tomball, Texas, in Support of Greater Harris County 9-1-1 Legislation 7. Approve Supplemental No. 1 to Professional Services Agreement for Engineering Services Related to Engineering & Planning Project No. 2017-10033 City of Tomball Livable Centers Implementation Alley Improvements, in the amount of $137,105.00 8. Approve Change Order 4 for E&P Project Number 2017-10005, Medical Complex Segment 4B, to Durwood Greene Construction Co. for a total amount of $80,000.00 I. 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 28th day of January 2021 by 5:00 PM, and remained posted for at least 72 continuous hours preceding the scheduled time of said meeting. 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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