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Regular City Council Meeting

Regular Meeting

Tomball, TX · March 1, 2021

AgendaPacketMinutes

Minutes

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, March 1, 2021 6:00 PM The City Council of the City of Tomball, Texas, conducted the meeting scheduled for March 1, 2021, 6:00 PM, at 401 Market Street, Tomball, Texas 77375, via video/telephone conference. A. Call to Order PRESENT Mayor Gretchen Fagan Council 1 John Ford Council 3 Chad Degges Council 4 Derek Townsend, Sr. Council 5 Lori Klein Quinn ABSENT Council 2 Mark Stoll - Excused 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) Fire Marshal – Joe Sykora (via video) Marketing Director – Mike Baxter (via video) Finance Director – Glenn Windsor Finance Accountant - Luisa Taylor Director of Public Works – Beth Jones (via video) Director of Community Development – Craig Meyers Director of TEDC – Kelly Violette CSO Administrative Assistant – Sasha Luna CSO Administrative Assistant- Johnita Robinson TEDC Administrative Assistant – Tori Gleason TPD Captain R. Doerre Police Officer Foote Minutes Regular City Council Meeting March 1, 2021 Page 2 of 8 B. Invocation - Led by Pastor Courtnay White – Fountain of Love Church of God in Christ C. Pledges to U.S. and Texas Flags – Led by David Esquivel D. No public comments were received. E. Reports and Announcements 1. Announcements I. TFD Chief R. Parr announced his retirement. 2. Reports by City staff and members of council about items of community interest on which no action will be taken: I. Luisa Taylor – Quarterly Investment Report for Period Ending December 31, 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 December 31, 2020, the City had total cash and cash equivalents in the amount of $57,727,800. F. Approval of Minutes 1. Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Klein Quinn to approve the Minutes of February 1, 2021 Regular Tomball City Council Meeting. Voting Yea: Council 1 Ford, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Absent: Council 2 Mark Stoll Motion carried unanimously. G. Old Business 1. Motion made by Council 4 Townsend, Sr., Seconded by Council 3 Degges to Adopt on Second 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. Vote was as follows: Minutes Regular City Council Meeting March 1, 2021 Page 3 of 8 Voting Yea: Council 1 Ford, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Absent: Council 2 Mark Stoll Motion carried unanimously. H. New Business 1. Motion made by Council 5 Klein Quinn, Seconded by Council 4 Townsend, Sr., to Approve Resolution No. 2021-10, a Resolution of the City Council of the City of Tomball, Texas supporting the proposed Tomball Senior Village Housing Community; approving an application for federal housing tax credits to finance such project; providing an in-kind contribution for such project and providing an effective date Voting Yea: Council 1 Ford, Council 3 Degges, Council 4 Townsend, Sr. Voting Nay: Council 5 Klein Quinn Absent: Council 2 Mark Stoll Motion carried 3 votes Yea, 1 vote Nay. 2. Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford to Accept Donation of a Grant from the Tomball Health Foundation in the Amount of $490,000 for the Proposed Improvements to Jerry Matheson Park. Voting Yea: Council 1 Ford, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Absent: Council 2 Mark Stoll Motion carried unanimously. 3. Consideration and possible action to approve, as a Project of the Tomball Economic Development Corporation, an agreement with Kinsley Armelle 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 21255 Spell Circle, Tomball, Texas 77375. The estimated amount of expenditures for such Project is $45,000.00. Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford to approve, as a Project of the Tomball Economic Development Corporation an agreement with Kinsley Armelle. Voting Yea: Council 1 Ford, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Minutes Regular City Council Meeting March 1, 2021 Page 4 of 8 Absent: Council 2 Mark Stoll Motion carried unanimously. 4. Motion made by Council 1 Ford, Seconded by Council 4 Townsend, Sr., to Approve, on First Reading, Resolution No. 2021-07-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 Agreement by and between the Corporation and The Hutson Group to make direct incentives to, or expenditures for, the construction of capital improvements, including pedestrian and parking improvements, along Houston Street and North Elm Street in Old Town Tomball. The estimated amount of expenditures for such Project is $48,800.00. Voting Yea: Council 1 Ford, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Absent: Council 2 Mark Stoll Motion carried unanimously. 5. Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Klein Quinn to reappoint current members to their respective Regular and Alternate Position Vacancies on the Board of Adjustments (BOA), for Terms Expiring March 2, 2023 Voting Yea: Council 1 Ford, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Absent: Council 2 Mark Stoll Motion carried unanimously. Regular Board Member Jarmon Wolfe (Position 1), Regular Board Member Billy Hemby (Position 3), Regular Board Member Susan Harris (Position 5) and Alternate Board Member Rocky Pilgrim (Alternate 1) reappointed. 6. Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford to Approve Resolution No. 2021-09, a Resolution of the City Council of the City of Tomball, Texas approving a Reimbursement Agreement relating to the Wood Leaf Reserve Public Improvement District. Voting Yea: Council 1 Ford, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Absent: Council 2 Mark Stoll Minutes Regular City Council Meeting March 1, 2021 Page 5 of 8 Motion carried unanimously. 7. Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Klein Quinn to Authorize City Manager to execute a Professional Services Agreement with Freese & Nichols for the development of the Risk and Resilience Assessment and Emergency Response Plan required by the American Water Infrastructure Act of 2018 Voting Yea: Council 1 Ford, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Absent: Council 2 Mark Stoll Motion carried unanimously. 8. Motion was made by Council 1 Ford, Seconded by Council 3 Degges, to approve Resolution No. 2021-11, a Resolution of the City of Tomball, Texas, Canceling the Regular City Officer’s Election Scheduled to be Held on the 1st Day of May, 2021, in Accordance with Section 2.053(A) of the Texas Election Code; Directing the Giving of Notice of Such Cancellation of Election; and Providing Details Relating to the Cancellation of Such Election Fue presentada una moción por el Concejal 1 Ford, secundada por el Concejal 3 Degges, para aprobar la Resolución Nro. 2021-11 Cancelando la Elección Regular de Funcionarios Municipales programada para celebrarse el día 1 de mayo de 2021 de acuerdo con la Sección 2.053(a) del Código Electoral de Texas; instruyendo que se de aviso de tal cancelación de elección; y proveyendo detalles relativos a la cancelación de tal elección. Cuộc Vận Động được tiến hành bởi Ủy Viên Hội Đồng Ford, tán thành bởi Ủy Viên Hội Đồng Degges, để chấp thuận Nghị Quyết số 2021-11, Hủy Bỏ Cuộc Bầu Cử Viên Chức Thành Phố Thường Kỳ Dự Kiến sẽ được tổ chức vào ngày 1 tháng Năm, 2021, Chiếu theo Mục 2.053(a) của Bộ Luật Tuyển Cử Texas; Chỉ thị việc đưa ra Thông Báo về Hủy Bỏ Cuộc Bầu Cử đó; và Cung Cấp Thông Tin Chi Tiết Liên quan đến việc Hủy Bỏ Cuộc Bầu Cử đó. 提案是由市議員Ford,第⼆由市議員Degges,批准決議案編號2021-11,取 消一般市府官員應於2021年5月1日的選舉計畫,其是根據德克薩斯州選舉法 2.053(a)節;茲此通知該選舉取消;以及提供關於取消該選舉的詳情。 Voting Yea: Council 1 Ford, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Absent: Council 2 Mark Stoll Motion carried unanimously. La moción fue aprobada por unanimidad. Minutes Regular City Council Meeting March 1, 2021 Page 6 of 8 Cuộc Vận Đồng được nhất trí tiến hành. 議案獲得一致通過。 10. Consideration and Possible Action regarding a Consent to the Transfer of Certain Portions of the Assessments Pursuant to the Development Agreement dated March 16, 2015 between the City of Tomball, Texas and Yaupon Trails LTD, LLC Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford to approve the Transfer of Certain Portions of the Assessments Pursuant to the Development Agreement. Voting Yea: Council 1 Ford, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Absent: Council 2 Mark Stoll Motion carried unanimously 11. Motion made by Council 4 Townsend, Sr., Seconded by Council 3 Degges to Approve Resolution No. 2021-12, a Resolution of the City Council of the City of Tomball Approving the 2020-2021 Annual Updates to the Service and Assessment Plans for the City of Tomball Public Improvement District Nos. 5, 6, 7, and 8 in Accordance with Chapter 372, Texas Local Government Code, as Amended Voting Yea: Council 1 Ford, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Absent: Council 2 Mark Stoll Motion carried unanimously. 9. Executive Session: The City Council recessed at 6:56 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. 551.074 – Personnel Matters: Deliberation of the Appointment, Employment, and Duties of a Public Officer or Employee Upon reconvening into regular session at 7:25 p.m., no action was taken. Minutes Regular City Council Meeting March 1, 2021 Page 7 of 8 I. Motion made by Council 3 Degges, Seconded by Council 5 Klein Quinn to adjourn. Voting Yea: Council 1 Ford, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Absent: Council 2 Mark Stoll Motion carried unanimously PASSED AND APPROVED this the 15th 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, March 1, 2021 6:00 PM Notice is hereby given of a Regular meeting of the Tomball City Council, to be held on Monday, March 1, 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 MARCH 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: 895 1774 0384, Passcode: 763659. 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 Courtnay White – Fountain of Love Church of God In Christ C. Pledges to U.S. and Texas Flags Agenda Regular City Council Meeting March 1, 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 2. Reports by City staff and members of council about items of community interest on which no action will be taken: I. Luisa Taylor – Quarterly Investment Report for Period Ending December 31, 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 December 31, 2020, the City had total cash and cash equivalents in the amount of $57,727,800. F. Approval of Minutes 1. Approve the Minutes of the February 1, 2021 Regular Tomball City Council Meeting G. Old Business 1. Adopt on Second 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. H. New Business 1. Approve Resolution No. 2021-10, a Resolution of the City Council of the City of Tomball, Texas supporting the proposed Tomball Senior Village Housing Community; approving an application for federal housing tax credits to finance such project; providing an in-kind contribution for such project and providing an effective date 2. Accept Donation of a Grant from the Tomball Health Foundation in the Amount of $490,000 for the Proposed Improvements to Jerry Matheson Park. Agenda Regular City Council Meeting March 1, 2021 Page 3 of 4 3. Consideration and possible action to approve, as a Project of the Tomball Economic Development Corporation, an agreement with Kinsley Armelle 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 21255 Spell Circle, Tomball, Texas 77375. The estimated amount of expenditures for such Project is $45,000.00. 4. Approve, on First Reading, Resolution No. 2021-07-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 Agreement by and between the Corporation and The Hutson Group to make direct incentives to, or expenditures for, the construction of capital improvements, including pedestrian and parking improvements, along Houston Street and North Elm Street in Old Town Tomball. The estimated amount of expenditures for such Project is $48,800.00. 5. Appoint/Reappoint Members to Regular and Alternate Position Vacancies on the Board of Adjustments (BOA), for Terms Expiring March 2, 2023 6. Approve Resolution No. 2021-09, a Resolution of the City Council of the City of Tomball, Texas approving a Reimbursement Agreement relating to the Wood Leaf Reserve Public Improvement District. 7. Authorize City Manager to execute a Professional Services Agreement with Freese & Nichols for the development of the Risk and Resilience Assessment and Emergency Response Plan required by the American Water Infrastructure Act of 2018 8. Approve Resolution No. 2021-11, a Resolution of the City of Tomball, Texas, Canceling the Regular City Officer’s Election Scheduled to be Held on the 1st Day of May, 2021, in Accordance with Section 2.053(A) of the Texas Election Code; Directing the Giving of Notice of Such Cancellation of Election; and Providing Details Relating to the Cancellation of Such Election Aprobar la Resolución Nro. 2021-11 Cancelando la Elección Regular de Funcionarios Municipales programada para celebrarse el día 1 de mayo de 2021 de acuerdo con la Sección 2.053(a) del Código Electoral de Texas; instruyendo que se de aviso de tal cancelación de elección; y proveyendo detalles relativos a la cancelación de tal elección. Chấp thuận Nghị Quyết số 2020-11, Hủy Bỏ Cuộc Bầu Cử Viên Chức Thành Phố Thường Kỳ Dự Kiến sẽ được tổ chức vào ngày 1 tháng Năm, 2021, Chiếu theo Mục 2.053(a) của Bộ Luật Tuyển Cử Texas; Chỉ thị việc đưa ra Thông Báo về Agenda Regular City Council Meeting March 1, 2021 Page 4 of 4 Hủy Bỏ Cuộc Bầu Cử đó; và Cung Cấp Thông Tin Chi Tiết Liên quan đến việc Hủy Bỏ Cuộc Bầu Cử đó. 通過決議案2021- 11,取消一般市府官員應於2021年5月1日的選舉計畫,其是根據德克薩斯州選舉法2.053(a) 節;茲此通知該選舉取消;以及提供關於取消該選舉的詳情。 9. 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. 074 – Personnel Matters: Deliberation of the Appointment, Employment, and Duties of a Public Officer or Employee 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 25th day of February 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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