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Regular City Council Meeting

Regular Meeting

Tomball, TX · March 6, 2023

AgendaPacketMinutes

Minutes

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, March 06, 2023 6:00 PM The City Council of the City of Tomball, Texas, conducted the meeting scheduled for March 06, 2023, 6:00 PM, at 401 Market Street, Tomball, Texas 77375, via physical attendance and 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 – Tracylynn Garcia City Attorney – Loren Smith Director of Public Works – Drew Huffman Police Chief – Jeff Bert Director of Community Development – Nathan Dietrich Fire Chief - Joe Sykora Director of Finance – Katherine Tapscott (video) IT Sr. Specialist – Ben Lato (video) Executive Director-TEDC – Kelly Violette Marketing Manager - Chrislord Templonuevo Community Center Manager – Rosalie Dillon Project Coordinator – Meagan Mageo Senior Administrative Assistant – Sasha Luna B. Invocation - Led by Pastor Craig Gilbert – Rosehill Methodist Church C. Pledges to U.S. and Texas Flags by Councilman John Ford Minutes Regular City Council Meeting March 06, 2023 Page 2 of 5 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.] Colleen Pye - Code Enforcement city Parking lots 207 Florence St. Tomball, Texas 77375 Lisa Daniels - Purchase of the Baptist Church; 403 Epp St Street Zoning Tomball, Texas 77375 Ale Pye - Different rules for some people 207 Florence St. Not the “Tomball” way Tomball, Texas 77375 Tracy Phan - owner of Aloha nails; concerned about 107 North Sycamore St. the junk yard opening next door. Tomball, Texas 77375 E. Reports and Announcements 1. Announcements I. March 11, 2023 – Second Saturday at the Depot – “The Rise of Gru” at dusk II. March 24-26, 2023 – Tomball German Heritage Festival at the Depot III. April 1, 2023 – Tomball Athletic Booster Club Crawfish Boil at Juergens Park IV. April 15, 2023 – Tomball Rails and Tails Crawfish Festival at the Depot V. April 21, 2023 – Tomball Rotary Fish Fry at Juergens Park VI. April 17-22, 2023 – Tomball Annual Spring Clean-up and Chipping Week VII. April 22, 2023 – Tomball Consolidated Recycling Day – Lone Star College-Tomball Campus, 30555 Tomball Parkway, South Entrance – 10:00 a.m.-2:00 p.m. Minutes Regular City Council Meeting March 06, 2023 Page 3 of 5 VIII. April 24 through May 2, 2023 – Early Voting for the May 6, 2023 General Election, at City Hall, 401 Market Street IX. May 4, 2023 – National Day of Prayer at the Depot X. May 6, 2023 – Election Day at City Hall, 7:00 a.m.-7:00 p.m. 2. Reports by City staff and members of council about items of community interest on which no action will be taken: I. Jessica Rogers presented a presentation on the progress made on Utility Billing F. 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. 2023-02, 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 3.12 acres of land legally described as being portions of Lot 172, in Tomball Townsite, located at the northwest corner of S. Cherry Street and Medical Complex Drive, at 1635 S. Cherry Street, within the City of Tomball, Harris County, Texas; 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. 2. Adopt, on Second Reading, Ordinance No. 2023-03, an Ordinance of the City of Tomball, Texas, Amending Chapter 50 (Zoning) of the Tomball Code of Ordinances by Revising Its Code of Ordinance Amending Section 50-2 (Definitions), of Article I, in General and Section 50-82 (Use Regulations (Charts)), Subsection (B)(Use Charts), of Article III, District Regulations; Providing for 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 (Establishing an “Electric Storage System” Land Use and Definition in the City’s Code of Ordinances). 3. Approve, on Second Reading, Resolution No. 2023-04-TEDC, a Resolution of the City Council of the City of Tomball, Texas, authorizing and approving the Project of the Tomball Economic Development Corporation, the designation of a mixed- Minutes Regular City Council Meeting March 06, 2023 Page 4 of 5 use development in Old Town Tomball, to promote new or expanded business development, with such Project including the expenditure of funds for the purchase of land, buildings, equipment, facilities, expenditures, targeted infrastructure, and improvements related to the Project, and authorizing the Executive Director or designee to execute any and all documentation related to the Project (Approximately 4.63 Acres, located at 401 Oxford Street [First Baptist Church], and Approximately 84,420 Sq. Ft. of Facilities) Motion made by Council 3 Dunagin, Seconded by Council 2 Stoll. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. G. 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.] 1. Approve the Minutes of the February 20, 2023, Regular City Council Meeting 2. Authorize the City Manager to execute documents necessary to participate in the Choice Partners cooperative purchasing program through the Harris County Department of Education. 3. Approve amendment to Appendix C: Approved Purchasing Cooperatives of Administrative Policy No. 9, Procurement Policy & Manual to add Choice Partners as an approved cooperative. Motion made by Council 5 Parr, Seconded by Council 2 Stoll. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. H. New Business 1. Discussion was held to address bills currently being presented at the Legislative Session and its affect on City’s authority. No action was taken. Minutes Regular City Council Meeting March 06, 2023 Page 5 of 5 2. Motion made by Council 5 Parr, Seconded by Council 4 Townsend, Sr to authorize the City Manager to Execute an Interlocal Agreement between the City of Tomball and Harris County Emergency Services District No. 15 (ESD15) for Fire Protection, Fire Suppression, and Rescue Services. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 3. Presentation by >>>> from Heritage Homes, regarding proposed residential and commercial development on the west side of the intersection of Huffsmith Kohrville and Medical Complex Drive. No action taken. 4. Executive Session: The City Council entered into Executive Session at 7:25 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. 551.072 – Deliberations regarding Real Property * Sec. 551.076 – Deliberations regarding Security Devices Council reconvened back into regular session at 8:35 pm. I. Motion to Adjourn by Council 5 Parr, Seconded by Council 2 Stoll Voting Yea: Council 1 Ford, Council 2 Stoll, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. PASSED AND APPROVED this 20th day of March 2023. Tracylynn Garcia Lori Klein Quinn Tracylynn Garcia Lori Klein Quinn City Secretary, TRMC, CMC, CPM Mayor

Agenda

NOTICE OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, March 06, 2023 6:00 PM Notice is hereby given of a Regular meeting of the Tomball City Council, to be held on Monday, March 06, 2023 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: 820 9008 3866, Passcode: 578988. 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 Craig Gilbert – Rosehill Methodist Church 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 March 06, 2023 Page 2 of 4 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. March 11, 2023 – Second Saturday at the Depot – “The Rise of Gru” at dusk II. March 24-26, 2023 – Tomball German Heritage Festival at the Depot III. April 1, 2023 – Tomball Athletic Booster Club Crawfish Boil at Juergens Park IV. April 15, 2023 – Tomball Rails and Tails Crawfish Festival at the Depot V. April 21, 2023 – Tomball Rotary Fish Fry at Juergens Park VI. April 17-22, 2023 – Tomball Annual Spring Clean-up and Chipping Week VII. April 22, 2023 – Tomball Consolidated Recycling Day – Lone Star College-Tomball Campus, 30555 Tomball Parkway, South Entrance – 10:00 a.m.-2:00 p.m. VIII. April 24 through May 2, 2023 – Early Voting for the May 6, 2023 General Election, at City Hall, 401 Market Street IX. May 4, 2023 – National Day of Prayer at the Depot X. May 6, 2023 – Election Day at City Hall, 7:00 a.m.-7:00 p.m. 2. Reports by City staff and members of council about items of community interest on which no action will be taken: I. Receive an update regarding Utility Billing. F. 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.] Agenda Regular City Council Meeting March 06, 2023 Page 3 of 4 1. Adopt, on Second Reading, Ordinance No. 2023-02, 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 3.12 acres of land legally described as being portions of Lot 172, in Tomball Townsite, located at the northwest corner of S. Cherry Street and Medical Complex Drive, at 1635 S. Cherry Street, within the City of Tomball, Harris County, Texas; 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. 2. Adopt, on Second Reading, Ordinance No. 2023-03, an Ordinance of the City of Tomball, Texas, Amending Chapter 50 (Zoning) of the Tomball Code of Ordinances by Revising Its Code of Ordinance Amending Section 50-2 (Definitions), of Article I, in General and Section 50-82 (Use Regulations (Charts)), Subsection (B)(Use Charts), of Article III, District Regulations; Providing for 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 (Establishing an “Electric Storage System” Land Use and Definition in the City’s Code of Ordinances). 3. Approve, on Second Reading, Resolution No. 2023-04-TEDC, a Resolution of the City Council of the City of Tomball, Texas, authorizing and approving the Project of the Tomball Economic Development Corporation, the designation of a mixed- use development in Old Town Tomball, to promote new or expanded business development, with such Project including the expenditure of funds for the purchase of land, buildings, equipment, facilities, expenditures, targeted infrastructure, and improvements related to the Project, and authorizing the Executive Director or designee to execute any and all documentation related to the Project (Approximately 4.63 Acres, located at 401 Oxford Street [First Baptist Church], and Approximately 84,420 Sq. Ft. of Facilities) G. 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.] 1. Approve the Minutes of the February 20, 2023, Regular City Council Meeting 2. Authorize the City Manager to execute documents necessary to participate in the Choice Partners cooperative purchasing program through the Harris County Department of Education. Agenda Regular City Council Meeting March 06, 2023 Page 4 of 4 3. Approve amendment to Appendix C: Approved Purchasing Cooperatives of Administrative Policy No. 9, Procurement Policy & Manual to add Choice Partners as an approved cooperative. H. New Business 1. Discussion and Possible Action regarding Legislative Items at the 2023 Texas Legislative Session. 2. Authorize the City Manager to Execute an Interlocal Agreement between the City of Tomball and Harris County Emergency Services District No. 15 (ESD15) for Fire Protection, Fire Suppression, and Rescue Services. 3. Consideration for review and discussion of the proposed residential and commercial development on the west side of the intersection of Hufsmith Kohrville and Medical complex drive. 4. 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. 551.072 – Deliberations regarding Real Property * Sec. 551.076 – Deliberations 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 2nd day of March 2023 by 5:00 PM, and remained posted for at least 72 continuous hours preceding the scheduled time of said meeting. Tracylynn Garcia, City Secretary, TRMC, CMC, CPM 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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