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Regular City Council Meeting

Regular Meeting

Tomball, TX · April 19, 2021

AgendaPacketMinutes

Minutes

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, April 19, 2021 6:00 PM The City Council of the City of Tomball, Texas, conducted the meeting scheduled for April 19, 2021, 6:00 PM, at 401 Market Street, Tomball, Texas 77375, via video/telephone conference. A. Mayor Fagan called the meeting to order. 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: Interim City Manager – David Esquivel Interim Assistant City Manager/Police Chief – Jeff Bert City Secretary – Doris Speer City Attorney – Loren Smith Finance Director – Glenn Windsor Director of Public Works – Beth Jones Fire Chief – Randy Parr Assistant Fire Chief – Taner Drake Marketing Director – Mike Baxter (virtual) HR Director – Lisa Coe Director of Community Development – Craig Myers Director of TEDC – Kelly Violette Assistant City Secretary – Tracy Garcia Fire Marshal/Assistant Fire Chief – Joe Sykora CSO Administrative Assistant – Sasha Luna Community Center Manager – Rosalie Dillon Police Sergeant – Chris Burns Minutes Regular City Council Meeting April 19, 2021 Page 2 of 6 B. The invocation was led by Pastor Adam McIntosh – St. David’s Church. C. Pledges to U.S. and Texas Flags were led by Randy Parr. D. No public comments were received. E. Reports and Announcements 1. Announcements I. April 19-24, 2021 – Tomball Annual Spring Clean-Up and Chipping Week II. April 24, 2021 – Tomball Consolidated Recycling Day – Lone Star College-Tomball Campus, 30555 Tomball Parkway, South Entrance – 10:00 a.m.-2:00 p.m. III. April 24, 2021 – Tomball Rotary “Drive thru Fish Fry” at Juergens Park IV. May 1, 2021 – Rails & Tails Mudbug Festival – 11:00 a.m.–8:00 p.m. at the Depot V. May 6, 2021 – Texas Deuce Days Meet and Greet – 3:00 p.m.–8:00 p.m. at the Depot 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. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to approve the Minutes of the April 5, 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. Approve, on Second Reading, Resolution No. 2021-13-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 Minutes Regular City Council Meeting April 19, 2021 Page 3 of 6 Corporation and DunnCo Properties II, Ltd to make direct incentives to, or expenditures for, assistance with infrastructure costs required or suitable for the promotion of new or expanded business enterprise related to the construction of a 5,225 square foot commercial facility to be located at 14635 FM 2920 Rd., Tomball, Texas 77377. The estimated amount of expenditures for such Project is $54,760.00. 2. Approve, on Second Reading, Resolution No. 2021-14-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 B. Smittys, LLC to make direct incentives to, or expenditures for, assistance with infrastructure costs required or suitable for the promotion of new or expanded business enterprise related to the construction of a 8,000 square foot commercial facility to be located at 22621 Hufsmith-Kohrville Rd., Tomball, Texas 77375. The estimated amount of expenditures for such Project is $30,301.00. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to approve all items under Old Business Consent 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 1. Motion made by Council 2 Stoll, Seconded by Council 1 Ford, to approve the CenterPoint Energy 2021 Annual GRIP Adjustment for the Houston Division, for the Proposed Interim Rate Adjustment (IRA) for CenterPoint’s Houston Division and Authorize the City Manager to Notify CenterPoint Energy of the Council’s Action. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges Voting Nay: Council 4 Townsend, Sr., Council 5 Klein Quinn Motion carried, 3 votes Aye, 2 votes Nay. 2. Consideration to approve Zoning Case P21-121: Request by the City of Tomball to amend the Comprehensive Plan by revising the Future Land Use and Major Thoroughfare Plan Maps. Mayor Fagan opened the Public Hearing on Zoning Case P21-121 at 6:47 p.m. Minutes Regular City Council Meeting April 19, 2021 Page 4 of 6 Receiving no public comment, Mayor Fagan closed the Public Hearing at 6:47 p.m. No action necessary. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to read Ordinance No. 2021-14by 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 made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to adopt, on First Reading, Ordinance No. 2021-14, an Ordinance of the city of Tomball, Texas, amending the Tomball Comprehensive Plan by changing the Future Land Use and Major Thoroughfare Plan Maps; 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 to AMEND made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to adopt, on First Reading, Ordinance No. 2021-14, an Ordinance of the city of Tomball, Texas, amending the Tomball Comprehensive Plan by changing the Future Land Use and Major Thoroughfare Plan Maps; 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 and to remove the proposed amendment to Neighborhood Commercial at the intersection of Zion Road and Hufsmith Road from Ordinance No. 2021-14. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion as AMENDED carried unanimously. 3. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to approve Resolution No. 2021-17, a Resolution of the City Council of the City of Tomball, Texas, Opposing SB 1661: Requiring City Elections to be Held in November of Even-Numbers Years and in Conjunction with County and/or State Elections, and Authorize the Mayor to Issue a Letter to the 2021 Texas State Legislature. Minutes Regular City Council Meeting April 19, 2021 Page 5 of 6 Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion carried unanimously. 4. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to approve the Proposed Revisions to the City of Tomball Boards, Commissions, and Committees Handbook. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion carried unanimously. 5. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to approve the purchase for generator replacement at Fire Station 1 from Evolve Power Generator through the State of Texas DIR Contract, contract number DIR- TSO-4072, totaling $59,772.86. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion carried unanimously. 6. Executive Session: The City Council recessed at 7:13 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 which 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 – Interim Fire Chief Upon reconvening into session at 7:45 p.m., the following action was taken: 7. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to confirm Taner Drake as Interim Fire Chief. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Minutes Regular City Council Meeting April 19, 2021 Page 6 of 6 Motion carried unanimously. I. Motion 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. Meeting adjourned. PASSED AND APPROVED this the 3rd day of May 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, April 19, 2021 6:00 PM Notice is hereby given of a Regular meeting of the Tomball City Council, to be held on Monday, April 19, 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 APRIL 19, 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: 892 6713 5348, Passcode: 948569. 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 Adam McIntosh – St. David’s Church C. Pledges to U.S. and Texas Flags Agenda Regular City Council Meeting April 19, 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. April 19-24, 2021 – Tomball Annual Spring Clean-Up and Chipping Week II. April 24, 2021 – Tomball Consolidated Recycling Day – Lone Star College-Tomball Campus, 30555 Tomball Parkway, South Entrance – 10:00 a.m.-2:00 p.m. III. April 24, 2021 – Tomball Rotary “Drive thru Fish Fry” at Juergens Park IV. May 1, 2021 – Rails & Tails Mudbug Festival – 11:00 a.m.–8:00 p.m. at the Depot V. May 6, 2021 – Texas Deuce Days Meet and Greet – 3:00 p.m.–8:00 p.m. at the Depot 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 April 5, 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. Approve, on Second Reading, Resolution No. 2021-13-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 DunnCo Properties II, Ltd to make direct incentives to, or expenditures for, assistance with infrastructure costs required or suitable for the promotion of new or expanded business enterprise related to the construction of a Agenda Regular City Council Meeting April 19, 2021 Page 3 of 4 5,225 square foot commercial facility to be located at 14635 FM 2920 Rd., Tomball, Texas 77377. The estimated amount of expenditures for such Project is $54,760.00. 2. Approve, on Second Reading, Resolution No. 2021-14-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 B. Smittys, LLC to make direct incentives to, or expenditures for, assistance with infrastructure costs required or suitable for the promotion of new or expanded business enterprise related to the construction of a 8,000 square foot commercial facility to be located at 22621 Hufsmith-Kohrville Rd., Tomball, Texas 77375. The estimated amount of expenditures for such Project is $30,301.00. H. New Business 1. Approve the CenterPoint Energy 2021 Annual GRIP Adjustment for the Houston Division, for the Proposed Interim Rate Adjustment (IRA) for CenterPoint’s Houston Division and Authorize the City Manager to Notify CenterPoint Energy of the Council’s Action 2. Consideration to approve Zoning Case P21-121: Request by the City of Tomball to amend the Comprehensive Plan by revising the Future Land Use and Major Thoroughfare Plan Maps. • Conduct Public Hearing on Zoning Case P21-121 • Adopt, on First Reading, Ordinance No. 2021-14, an Ordinance of the City of Tomball, Texas, amending the Tomball Comprehensive Plan by changing the Future Land Use and Major Thoroughfare Plan Maps; 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. 3. Approve Resolution No. 2021-17, a Resolution of the City Council of the City of Tomball, Texas, Opposing SB 1661: Requiring City Elections to be Held in November of Even-Numbers Years and in Conjunction with County and/or State Elections, and Authorize the Mayor to Issue a Letter to the 2021 Texas State Legislature 4. Approve Proposed Revisions to the City of Tomball Boards, Commissions, and Committees Handbook Agenda Regular City Council Meeting April 19, 2021 Page 4 of 4 5. Approve purchase for generator replacement at Fire Station 1 from Evolve Power Generator through the State of Texas DIR Contract, contract number DIR-TSO- 4072, totaling $59,772.86 6. 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 which 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 – Interim Fire Chief 7. Confirm Taner Drake as Interim Fire Chief 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 15th day of April 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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