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Regular City Council Meeting

Regular Meeting

Tomball, TX · May 2, 2022

AgendaPacketMinutes

Minutes

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, May 2, 2022 6:00 PM The City Council of the City of Tomball, Texas, conducted the meeting scheduled for May 2, 2022, 6:00 PM, at 401 Market Street, Tomball, Texas 77375, via physical attendance and video/telephone conference. A. Mayor Fagan called the meeting of the Tomball City Council to order at 6:15 p.m. 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 - David Esquivel Assistant City Manager- Jessica Rogers City Secretary - Doris Speer City Attorney - Loren B. Smith Director of Community Development - Nathan Dietrich Finance Director – Katherine DuBose Police Chief - Jeff Bert Fire Chief - Joe Sykora City Planner – Jared Smith Assistant City Secretary - Tracylynn Garcia Community Center Manager - Rosalie Dillon Project Manager - Meagan Mageo Assistant to the City Manager/Communications Coordinator – Rebecca Beahan CSO Senior Administrative Assistant – Sasha Luna Executive Director-TEDC – Kelly Violette Assistant Director-TEDC – Tiffani Wooten Economic Development Coordinator -TEDC – Tori Gleason Minutes Regular City Council Meeting May 2, 2022 Page 2 of 6 B. Invocation - Led by Pastor Kevin Barra – Bayou City Fellowship, Tomball C. Pledges to U.S. and Texas Flags – Led by Joe Sykora D. The following public comment was received: Glenn Stumpner - Expressed his continued interest in 14258 Carneswood, 77375 rezoning his property – Zoning Case P22-048. E. The following presentations were made: 1. Proclamations: a. May 1-7, 2022 is “53nd Annual Professional Municipal Clerks Week” b. May 8-14, 2022 is “National Hurricane Preparedness Week – Tomball, Texas” c. May 8-14, 2022 is “Tomball Firefighter Appreciation Week” d. May 8-14, 2022 is “National Economic Development Week” 2. Presentation was made to Council by HMW Special Utility District (HWM SUD), for a proposed interconnect agreement to provide residential water service to Treichel Wood Subdivision, with limited discussion/information exchange. F. Reports and Announcements 1. Announcements I. May 3, 2022 – Last Day of Early Voting for the May 7, 2022 General and Special Elections, City Hall, 401 Market Street II. May 7, 2022 – Tomball Election Day – General and Special Elections – 7:00 a.m. to 7:00 p.m. at City Hall, 401 Market Street III. May 7, 2022 – Rails & Tails Mudbug Festival – 11:00 a.m.–8:00 p.m. at the Depot IV. May 5, 2022 – Day of Prayer – Noon and 6:30 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: I. Katherine DuBose – Quarterly Investment Report for Period Ending March 31, 2022. The Public Funds Investment Act requires that a report Minutes Regular City Council Meeting May 2, 2022 Page 3 of 6 of the City's cash and investments be presented to City Council on a quarterly basis. As of March 31, 2022, the City's cash and investment balances totaled $64,042,956. II. Katherine DuBose – Quarterly Financial Update for Period Ending March 31, 2022 G. Approval of Minutes 1. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to approve the Minutes of the April 18, 2022 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. New Business 1. Mayor Fagan opened the Public Hearing for the Purpose of Considering the Following Proposed Annexation: (Being A Tract Or Parcel 3.070 Acres of Land Situated in the Jesse Pruitt Survey, Abstract Number 629, Harris County, Texas, being all of That Certain Called 3.070 Acres of Land Described in Deed and Recorded in the Official Public Records of Real Property of Harris County, Texas, under County Clerk’s File Number RP-2021-678359) (21830 Hufsmith Kohrville, HCADs 0352900000525 and 0352960000529) at 7:02 p.m. Receiving no comments, Mayor Fagan closed the Public Hearing at 7:02 p.m. 2. Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford, to read Ordinance No. 2022-06 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 made by Council 4 Townsend, Sr., Seconded by Council 1 Ford, to adopt, on First Reading, Ordinance No. 2022-06, 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 Minutes Regular City Council Meeting May 2, 2022 Page 4 of 6 Relating to the Subject; and Providing a Savings and Severability Clause (Being a Tract or Parcel containing 3.070 Acres of Land situated in the Jesse Pruitt Survey, Abstract Number 629, Harris County, Texas, Being all of that Certain Called 3.070 Acres of Land Described in Deed and Recorded in the Official Public Records of Real Property of Harris County, Texas, under County Clerk’s File Number RP-2021-678359) (21830 Hufsmith Kohrville, HCAD 0352900000525 and 0352960000529) Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion carried unanimously. 3. Consideration to Approve Zoning Case P22-072: Request by Mehendi Maknojia, represented by Midstream and Terminal Services LLC, to amend the official zoning map for the City of Tomball by rezoning approximately 3.07 acres of land out of Jesse Pruitt Survey, Abstract Number 629, from Agricultural (AG) district to a Commercial (C) district. The property is generally located within the 21700- 21800 blocks (east side) of Hufsmith-Kohrville Road, at 21830 Huffsmith- Kohrville Road, within Harris County, Texas. • Mayor Fagan opened the Public Hearing on Zoning Case P22-072 at 7:08 p.m. Receiving no comments, Mayor Fagan closed the Public Hearing at 7:08 p.m. • Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to read Ordinance No. 2022-07 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 made by Council 4 Townsend, Sr., to amend his motion by changing the zoning classification from Commercial (C) District to General Retail (GR). Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion to AMEND to General Retail carried unanimously. Minutes Regular City Council Meeting May 2, 2022 Page 5 of 6 • Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to adopt, on First Reading, Ordinance No. 2022-07 of the City of Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of Ordinances by changing the Zoning District Classification of approximately 3.07 acres of land out of the Jesse Pruitt Survey, Abstract Number 629 (described in “Exhibit A”), within the City of Tomball, Harris County, Texas, from the Agricultural (AG) District to the General Retail (GR) District, said property being generally located within the 21700-21800 Blocks (East Side) of Hufsmith-Kohrville Road, 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 Motion, as AMENDED to General Retail, carried unanimously. 4. Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Klein Quinn, to authorize the Reclassification of Fiscal Year 2021 Unreconciled Cash – Overage and Shortages Balance, in the Amount of $44,616.26. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion carried unanimously. 5. Executive Session: The City Council recessed at 7:33 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): ᵒ Sec. 551.071 – Consultation with the City Attorney regarding a matter which the Attorney’s duty requires to be discussed in closed session ᵒ Sec. 551.074 – Personnel Matters: Deliberation of the Appointment, Employment, and Duties of a Public Officer or Employee – Public Works Director ᵒ Sec. 551.076 – Deliberation regarding Security Devices Upon reconvening into Session at 9:05 p.m., no action was taken. Minutes Regular City Council Meeting May 2, 2022 Page 6 of 6 I. Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Klein Quinn, to adjourn. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Meeting adjourned. PASSED AND APPROVED this the 16th day of May 2022. Doris Speer Lori Klein Quinn Doris Speer Lori Klein Quinn City Secretary, TRMC, MMC Mayor

Agenda

NOTICE OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, May 2, 2022 6:00 PM Notice is hereby given of a Regular meeting of the Tomball City Council, to be held on Monday, May 2, 2022 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. THE CITY COUNCIL OF THE CITY OF TOMBALL, TEXAS, WILL CONDUCT THE MEETING SCHEDULED FOR DATE, 2022, 6:00 PM, AT 401 MARKET STREET, TOMBALL, TEXAS, 77375. 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: 869 9454 2173, Passcode: 110599. 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 Kevin Barra – Bayou City Fellowship, Tomball C. Pledges to U.S. and Texas Flags 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 Agenda Regular City Council Meeting May 2, 2022 Page 2 of 4 matter until such matter has been placed on an agenda and posted in accordance with law - GC, 551.042.] E. Presentations 1. Proclamation – May 1-7, 2022 is “53nd Annual Professional Municipal Clerks Week” Proclamation – May 8-14, 2022 is “National Hurricane Preparedness Week – Tomball, Texas” Proclamation – May 8-14, 2022 is “Tomball Firefighter Appreciation Week” Proclamation – May 8-14, 2022 is “National Economic Development Week” 2. Presentation by HMW Special Utility District (HWM SUD), for a Proposed Interconnect Agreement to Provide Residential Water Service to Treichel Wood Subdivision, and Discussion F. Reports and Announcements 1. Announcements I. May 3, 2022 – Last Day of Early Voting for the May 7, 2022 General and Special Elections, City Hall, 401 Market Street II. May 7, 2022 – Tomball Election Day – General and Special Elections – 7:00 a.m. to 7:00 p.m. at City Hall, 401 Market Street III. May 7, 2022 – Rails & Tails Mudbug Festival – 11:00 a.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: I. Katherine DuBose – Quarterly Investment Report for Period Ending March 31, 2022. The Public Funds Investment Act requires that a report of the City's cash and investments be presented to City Council on a quarterly basis. As of March 31, 2022, the City's cash and investment balances totaled $64,042,956. II. Katherine DuBose – Quarterly Financial Update for Period Ending March 31, 2022 Agenda Regular City Council Meeting May 2, 2022 Page 3 of 4 G. Approval of Minutes 1. Approve the Minutes of the April 18, 2022 Regular Tomball City Council Meeting H. New Business 1. Conduct Public Hearing for the Purpose of Considering the Following Proposed Annexation: (Being A Tract Or Parcel 3.070 Acres of Land Situated in the Jesse Pruitt Survey, Abstract Number 629, Harris County, Texas, being all of That Certain Called 3.070 Acres of Land Described in Deed and Recorded in the Official Public Records of Real Property of Harris County, Texas, under County Clerk’s File Number RP-2021-678359) (21830 Hufsmith Kohrville, HCADs 0352900000525 and 0352960000529) 2. Adopt, on First Reading, Ordinance No. 2022-06, 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 Tract or Parcel containing 3.070 Acres of Land situated in the Jesse Pruitt Survey, Abstract Number 629, Harris County, Texas, Being all of that Certain Called 3.070 Acres of Land Described in Deed and Recorded in the Official Public Records of Real Property of Harris County, Texas, under County Clerk’s File Number RP-2021-678359) (21830 Hufsmith Kohrville, HCAD 0352900000525 and 0352960000529) 3. Consideration to Approve Zoning Case P22-072: Request by Mehendi Maknojia, represented by Midstream and Terminal Services LLC, to amend the official zoning map for the City of Tomball by rezoning approximately 3.07 acres of land out of Jesse Pruitt Survey, Abstract Number 629, from Agricultural (AG) district to a Commercial (C) district. The property is generally located within the 21700- 21800 blocks (east side) of Hufsmith-Kohrville Road, at 21830 Huffsmith- Kohrville Road, within Harris County, Texas. ᵒ Conduct Public Hearing on Zoning Case P22-072 ᵒ Adopt, on First Reading, Ordinance No. 2022-07, 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 3.07 acres of land out of the Jesse Pruitt Survey, Abstract Number 629 (described in “Exhibit A”), within the City of Tomball, Harris County, Texas, from the Agricultural (AG) District to the Commercial (C) District, said property being generally located within the 21700-21800 Agenda Regular City Council Meeting May 2, 2022 Page 4 of 4 Blocks (East Side) of Hufsmith-Kohrville Road, 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. Authorize Reclassification of Fiscal Year 2021 Unreconciled Cash – Overage and Shortages Balance in the Amount of $44,616.26 5. 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): ᵒ Sec. 551.071 – Consultation with the City Attorney regarding a matter which the Attorney’s duty requires to be discussed in closed session ᵒ Sec. 551.074 - Personnel Matters: Deliberation of the Appointment, Employment, and Duties of a Public Officer or Employee – Public Works Director ᵒ Sec. 551.076 – Deliberation regarding Security Devices 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 April 2022 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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