Regular City Council Meeting

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, February 06, 2023 6:00 PM The City Council of the City of Tomball, Texas, conducted the meeting scheduled for February 06, 2023, 6:00 PM, at 401 Market Street, Tomball, Texas 77375, via video/telephone conference. A. Mayor L. Klein-Quinn called the meeting of the City of Tomball Council to Order at 6:00 p.m. PRESENT Council 1 John Ford Council 2 Mark Stoll Council 3 Dane Dunagin Council 4 Derek Townsend, Sr. Council 5 Randy Parr OTHERS PRESENT City Manager – David Esquivel Assistant City Manager – Jessica Rogers City Secretary – Doris Speer City Attorney – Loren Smith Assistant City Secretary – Tracylynn Garcia Director of Public Works – Drew Huffman Police Chief – Jeff Bert Marketing Manager - Chrislord Templonuevo Community Center Manager – Rosalie Dillon Project Coordinator – Meagan Mageo B. Invocation - Led by Pastor Kevin Bowles – Redeemer Church C. Pledges to U.S. and Texas Flags – Led by Jeff Bert 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 a 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.]  Minutes Regular City Council Meeting February 06, 2023 Page 2 of 7 Amanda Trickey - expressed would like to implement “Big Event” to 30703 Raleigh Creek Drive serve the community. Owner Modern Marketing & Media Claudia Ornelas & Jason Hilburn - expressed gratitude to be now a part of Tomball; Office of Congressman Wesley Hunt offer citizens resources with any Federal agency. 990 Village Sq. Dr Open house invite February 13, 2023. Tomball. Texas Travis Sibro - great leaders in the room; and looking forward to 17302 Village Breeze growth and what he can do for the involvement. E. Reports and Announcements 1. Announcements I. February 17, 2023 – Last day to apply for Place on Ballot for the May 6, 2023 General City Election II. February 21, 2023 – Sam Houston Trailride Reception – 12 Noon at the Depot III. Tomball Police Department Annual Data Capture Report – 2022 (SB 1074) 2. Reports by City staff and members of council about items of community interest on which no action will be taken: I. David Esquivel expressed appreciation to Sasha Luna for completing the University of North Texas-Denton Texas Municipal Clerks Certification Program and receiving her Certificate as a Texas Registered Municipal Clerk; Congratulations to Tracylynn Garcia for completing her First Recertification as a Texas Registered Municipal Clerk; Congratulations to Doris Speer for completing her Fourth Recertification as a Texas Registered Municipal Clerk F. New 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.]  Minutes Regular City Council Meeting February 06, 2023 Page 3 of 7 1. Approve the Minutes of the January 13, 2023 Emergency Tomball City Council Meeting and the January 16, 2023 Regular Tomball City Council Meeting 2. Approve a professional services agreement with Inframark, LLC for meter reading services, for a not-to-exceed amount of $70,000 (RFP 2022-06R), authorize the expenditure of funds therefor, and authorize the City Manager to execute the agreement. This amount is included in the FY 2022-2023 budget. 3. Approve an amendment to the Master Agreement for Treasury Management Services with Wells Fargo Bank, N.A., extending services for a one-year period from April 1, 2023 to March 31, 2024 and authorize the City Manager to execute any and all documents necessary for the extension. 4. Approve a purchase order with Siddons-Martin Emergency Group, LLC (sole source) for engine and pump repairs to Engine 2 (Shop# 15-005)for a not to exceed amount of $75,000, approve the expenditure of funds therefor, and authorize the City Manager to execute any and all documents relating the purchase. Funds for vehicle repairs are included in the FY 2022-2023 budget. 5. Approve a contract with B&C Constructors, LP for abatement and repairs of the Tomball Railroad Depot through a 1GPA Contract (Contract No. 19-03DP) for a not-to-exceed amount of $148,877.23, approve the expenditure of funds therefor, and authorize the City Manager to execute any and all documents related to the purchase. This expenditure is included in the FY 2022-2023 Budget. Motion made by Council 2 Stoll, Seconded by Council 3 Dunagin. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. G. New Business 1. Motion made by Council 1 Ford, Seconded by Council 4 Townsend, Sr. to Approve Request from Tomball Sister City Organization for City Support and In- Kind Services for the Tomball German Heritage Festival – Depot Plaza and Market Street – Thursday, March 23, 2023, through Sunday, March 26, 2023.  Minutes Regular City Council Meeting February 06, 2023 Page 4 of 7 Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 2. Motion made by Council 5 Parr, Seconded by Council 4 Townsend, Sr. to Approve Request from Tomball High School Athletic Booster Club (THSABC) City Support and In-Kind Services for the THSABC Scholarship Crawfish Boil at Juergens Park, on Saturday, April 1, 2023 from 4:00-8:00 p.m. Voting Yea: Council 2 Stoll, Council 3 Dunagin Voting Nay: Council 1 Ford, Council 4 Townsend, Sr., Council 5 Parr Motion failed 2 votes yea, 3 votes nay. 3. Motion made by Council 3 Dunagin, Seconded by Council 4 Townsend, Sr. to Approve Request from Tomball Rotary Club for City Support and In-Kind Services for the Tomball Rotary Club Fish Fry at Juergens Park, on Friday, April 21, 2023 from 5:00-8:00 p.m. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 4. Motion made by Council 4 Townsend, Sr., Seconded by Council 3 Dunagin, Sr. for appointing members to a focus group for the Parks, Trails, and Recreation Master Plan as recommended by staff. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 5. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll to approve, as a Project of the Tomball Economic Development Corporation, an agreement with Della Casa Pasta, LLC to make direct incentives to, or expenditures for, the creation or retention of primary jobs associated with the development of a food production facility, located at 1599 Hicks Street, Tomball, Texas 77375. The estimated amount of expenditures for such Project is and amount not to exceed $16,077.00.  Minutes Regular City Council Meeting February 06, 2023 Page 5 of 7 Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 6. 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 Persimmon Global Logistics to make direct incentives to, or expenditures for, the creation or retention of primary jobs associated with the development of its corporate headquarters to be located at 1014 Lizzie Lane, Tomball, Texas 77375. The estimated amount of expenditures for such Project is and amount not to exceed $16,920.00. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 7. Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Parr to Approve, on First Reading, Resolution No. 2023-05-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 Hufsmith Kohrville Business Park, 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 development and construction of a multibuilding office/warehouse park to be located on the West side of Hufsmith-Kohrville and Werich Rd, Tomball, Texas 77375. The estimated amount of expenditures for such Project is an amount not to exceed $122,722.00. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 8. Motion made by Council 3 Dunagin, Seconded by Council 4 Townsend, Sr. to Approve, on First Reading, Resolution No. 2023-06-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 Church Holdings, Inc. 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 development and construction of a multibuilding office/warehouse park to be located near the intersection of  Minutes Regular City Council Meeting February 06, 2023 Page 6 of 7 Hufsmith-Kohrville and Spell Rd. in the City of Tomball, Texas. The estimated amount of expenditures for such Project is an amount not to exceed $426,639.00. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 9. Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford to Approve, on First Reading, Resolution No. 2023-07-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 Performance Agreement by and between the Corporation and BCS Tomball Main, 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 commercial retail development to be located at the NE corner of SH 249 and FM 2920 Rd, Tomball, Texas 77375. The estimated amount of expenditures for such Project is an amount not to exceed $123,094.00. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr 10. Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford to approve on First Reading, Resolution No. 2023-08-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 STUDIO a28 to make direct incentives to, or expenditures for, rental assistance for new or expanded business enterprise to be located at 1431 Graham Drive, Suites 212 and 213, Tomball, Texas 77375. The estimated amount of expenditures for such Project is an amount not to exceed $4,063.00. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr 11. Executive Session: The City Council recessed at 7:25 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  Minutes Regular City Council Meeting February 06, 2023 Page 7 of 7 Sec. 551.072 – Deliberations regarding Real Property Sec. 551.087 – Deliberations regarding Economic Development City Council reconvened at 9:00pm, from Executive Session. H. Motion made by Council 4 Townsend, Sr., Seconded by Council 3 Dunagin, to adjourn. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. PASSED AND APPROVED this the 20th day of February 2023. Tracylynn Garcia Lori Klein Quinn Tracylynn Garcia Lori Klein Quinn Asst. City Secretary, TRMC, CPM, CMC Mayor