Regular City Council Meeting
Regular MeetingTomball, TX · May 15, 2023
Minutes
MINUTES OF REGULAR CITY COUNCIL MEETING
CITY OF TOMBALL, TEXAS
Monday, May 15, 2023
6:00 PM
The City Council of the City of Tomball, Texas, conducted the meeting scheduled for May 15, 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 6:02
p.m.
PRESENT
Council 1 John Ford
Council 2 Mark Stoll
Council 4 Derek Townsend, Sr.
Council 5 Randy Parr
ABSENT
Council 3 Dane Dunagin (excused)
OTHERS PRESENT:
City Manager – David Esquivel
Assistant City Manager – Jessica Rogers
City Attorney – Loren Smith
City Secretary – Tracylynn Garcia
Assistant City Secretary- Sasha Luna
Director of Public Works – Drew Huffman
Director of Community Development – Nathan Dietrich
Human Resource Director - Kristie Lewis
Finance Director - Katherine Tapscott
Fire Chief - Joe Sykora
Police Chief - Jeff Bert
Marketing Director - Chrislord Templonuevo
Community Center Manager - Rosalie Dillon
PD Captain - Brandon Patin
Project Coordinator – Meagan Mageo
Records Specialist – Johnita Robinson
Records Specialist - Fae Morris
Minutes
Regular City Council Meeting
May 15, 2023
Page 2 of 13
B. Invocation - Led by Pastor Tim Niekerk - Salem Lutheran Church
C. Pledges to U.S. and Texas Flags Joe Sykora
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.]
L. Smith (Olson & Olson) explained 3 mins designated per person for Public for item D.
Becky Nelson – sent in email; asked that it be read
103 Covington Ct. concerns over lithium-ion batteries.
Tomball, Texas
Tom Weatherford - spoke about the striping at tennis
20203 Mahogany Rich Dr. court for pickleball.
Magnolia, Texas
E. Canvas of Election
Escrutinio de la Elección
Kiểm Phiếu của Cuộc Bầu Cử
拉票選舉
1. Canvass of Election Escrutinio de la Elección Kiểm Phiếu của Cuộc Bầu Cử
拉票選舉
Resolution No. 2023-14, a Resolution of the City of Tomball, Texas, Canceling
the Regular City Officer’s Election Scheduled to be Held on the 6th Day of May
2023, 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
Resolución Nro. 2023-14 Cancelando la Elección Regular de Funcionarios
Municipales programada para celebrarse el día 6 de mayo de 2023 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.
Nghị Quyết số 2023-14, Hủy Bỏ Cuộc Bầu Cử Viên Chức Thành Phố Thường Kỳ
Dự Kiến sẽ được tổ chức vào ngày 6 tháng Năm, 2023, Chiếu theo Mục 2.053(a)
của Bộ Luật Tuyển Cử Texas; Chỉ thị việc đưa ra Thông Báo về Hủy Bỏ Cuộc
Minutes
Regular City Council Meeting
May 15, 2023
Page 3 of 13
Bầu Cử đó; và Cung Cấp Thông Tin Chi Tiết Liên quan đến việc Hủy Bỏ Cuộc
Bầu Cử đó.
案2023-
14,取消一般市府官員應於2023年5月6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。
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.
2. Administer Oath of Office to Elected Officials
Administrar el juramento al cargo de los funcionarios electos
Làm lễ Tuyên Thệ Nhậm Chức cho các Viên Chức Được Bầu Chọn
管管理選舉官員宣誓就職
No action necessary taken; City Secretary administered the Oath of Office to
Councilman Ford during the meeting. (City Secretary T. Garcia did formally
administer the Oath of Office to both Councilman Ford and Councilman Parr
prior to the start of the meeting).
3. Consideration to Elect Mayor Pro-Tem, in Accordance with Section 6.08 of the
City of Tomball Home Rule Charter
Considerar elegir un Alcalde Interino, de acuerdo con la Sección 6.08 de la
Carta Orgánica de Gobierno Local de al Ciudad de Tomball
Xem xét Bầu Chọn Thị Trưởng Tạm Thời, chiếu theo Mục 6.08 của Hiến Chương
Điều Lệ Địa Phương Thành Phố Tomball
考慮選出暫替市長,根據Tomball市自治憲章6.08節
Motion made by Councilman Parr to nominate Councilman D. Dunagin; Motion
made by Councilman Stoll to nominate D. Townsend.
Voting for Councilman D. Dunagin
Voting Nay: Council 1 Ford, Council 2 Stoll, Council 4 Townsend, Sr.,
Voting Yea: Council 5 Parr
Motion fails.
Voting for Councilman D. Townsend
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 4 Townsend, Sr.,
Voting Nay: Council 5 Parr
Minutes
Regular City Council Meeting
May 15, 2023
Page 4 of 13
Motion carries 3 votes yea, 1 vote nay.
Councilman Townsend was elected Mayor Pro-Tem.
F. Reports and Announcements
1. Announcements
Proclamation for Tomball H.S. Color Guard was presented after a short
video of their performance was viewed.
Kids Club Dates:
June 9: Soccer Clinic with HTX Soccer (formerly Dynamo/Dash Youth
Soccer) at Broussard Park (1414 E. Huffsmith Rd) from 9-11 a.m. This
event is open to kids aged 7-12 years of age only.
July 14: Reptile show-n-tell and Reading games (Texas Snakes & More
and LSC-Tomball Community Library) at Juergens Park (1331 Ulrich Rd)
from 10 a.m. to 12 p.m. This event is open to kids ages 5-12.
August 11: Learn about emergency vehicles and Splash Day at Tomball
Depot Plaza (201 S. Elm St). from 10 a.m. to 12 p.m. This event is open to
kids ages 5-12.
2023 Swim Season (Jerry Matheson Park Pool):
Monday-Closed
Tuesday thru Friday - 10am - 6pm
Saturday & Sundy – 12pm - 8pm
PRESEASON HOURS 2023
May 27th (Saturday) Noon - 8pm
May 28th (Sunday) Noon – 8pm
May 29th (Monday) 10am – 6pm
REGULAR SEASON HOURS 2023
May 30th (Tuesday) 10am – 6PM Start Date
August 13th (Sunday) Noon – 8pm End Date
END OF SEASON HOURS 2023
August 19th (Saturday) Noon – 8pm
August 20th (Sunday) Noon – 8pm
August 26th (Saturday) Noon – 8pm
August 27th (Sunday) Noon – 8pm
Minutes
Regular City Council Meeting
May 15, 2023
Page 5 of 13
September 2nd (Saturday) Noon – 8pm
September 3rd (Sunday) Noon – 8pm
September 4th (Monday) 10am – 6p
The pool will be open to the public on Memorial Day Weekend.
The pool will be open to the public on Memorial Day.
The Pool will be open to the public on weekends until Labor Day
Depot Splash Pad:
Opens May 26, 2023
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 May 1, 2023, Special Joint City Council Meeting and
Capital Improvements Plan Advisory Committee and the Regular City Council
Meeting.
2. Approve a contract with Hassell Construction Group, LLC for the construction of
the Alley Improvement Project for E&P Project 2017-10033 (RFP 2023-07) for a
not-to-exceed amount of $1,586,683.22, authorize the expenditure of funds
therefor, and authorize the City Manager to execute contract. The amount is
included in the Fiscal Year 2022-2023 budget.
3. Consider approval of Resolution No. 2023-27, a Resolution of the City of
Tomball, Texas, determining the Construction Manager at Risk (CMAR) delivery
method for the expansion of the South Wastewater Treatment Plant (SWWTP)
provides the best value to the City and stating the award of the CMAR Contract
will be based on best value; and providing an effective date.
4. Approve a Professional Services Agreement with Civil System Engineering, Inc.,
for Project Number 2023-10008, Drainage Master Plan and Impact Fee Update
for a not-to-exceed amount of $844,000, 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.
5. Consideration to approve Supplemental Number Two to Oller Engineering, Inc.
for Project Number 2021-10037, S. Persimmon Water Line Replacement for an
amount of $46,706.84 (total not-to-exceed contract amount of $139,256.84),
approve the expenditure of funds therefor, and authorize the City Manager to
execute the agreement. This project was included in the FY 2022-2023 budget.
Minutes
Regular City Council Meeting
May 15, 2023
Page 6 of 13
6. Approve a contract with ISJ Underground Utilities, LLC. for the construction of
the S. Persimmon Water Line Replacement for E&P Project 2021-10037 (Bid
2023-10) for a not-to-exceed amount of $305,970, authorize the expenditure of
funds therefor, and authorize the City Manager to execute contract. The amount is
included in the Fiscal Year 2022-2023 budget.
7. Approve a contract with Heartland Park & Recreation, LLC for the purchase and
construction of a splashpad and necessary components at Jerry Matheson Park
through a BuyBoard Contract (Contract No. 592-19) for a not-to-exceed amount
of $514,570.24, 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.
8. Consider action to approve Resolution No. 2023-29, a Resolution of the City of
Tomball, Texas, authorizing the use of the BuyBoard Purchasing Cooperative for
the purchase of equipment and components for Jerry Matheson Park as required
as a recipient of the Texas Parks and Wildlife Non-Urban Outdoor Recreation
Grant; and providing an effective date.
Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 4 Townsend, Sr., Council 5
Parr
Motion carried unanimously.
H. New Business
New Business and we will be considering items in a different order; but all items were
posted in accordance with the Open Meetings Act. Items were voted in the following order
3, 1, 5, 2, 4, 6 through 15.
1. Consideration to approve Case CUP23-03: Request by Chris & Tiona Campbell,
for a Conditional Use Permit to allow “Residential Use” within General Retail (GR)
zoning. Affecting approximately 4.94 acres of land legally described as being a
portion of Lot 48 in Tomball Townsite. The property is generally located within the
11100-11200 blocks (east side) of Rudolph Road, within the City of Tomball,
Harris County, Texas.
Conduct Public Hearing on Case CUP23-03
Adopt, on First Reading, Ordinance No. 2023-13, an Ordinance of the City of
Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of Ordinances
Minutes
Regular City Council Meeting
May 15, 2023
Page 7 of 13
by issuing a Conditional Use Permit to allow “Residential Use” within General
Retail (GR) zoning. Affecting approximately 4.94 acres of land legally described
as being a portion of Lot 48 in Tomball Townsite. The property is generally located
within the 11100-11200 blocks (east side) of Rudolph Road, 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.
No action
2. Consideration to approve Case CUP23-04: Request by Michael Kirtley,
represented by Sam Jackson of Black Mountain Energy Storage II LLC., for a
Conditional Use Permit to allow an “Electric Storage System” within Light
Industrial (LI) zoning. Affecting land legally described as being all of Lot 265 in
Tomball Townsite. The property is generally located within the 900-1000 blocks
(west side) of S. Pitchford Road, within the City of Tomball, Harris County, Texas.
Conduct Public Hearing on Case CUP23-04
Adopt, on First Reading, Ordinance No. 2023-14, an Ordinance of the City of
Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of Ordinances
by issuing a Conditional Use Permit to allow an “Electric Storage System” within
Light Industrial (LI) zoning. Affecting land legally described as being all of Lot
265 in Tomball Townsite. The property is generally located within the 900-1000
blocks (west side) of S. Pitchford Road, 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.
No action taken was taken on this item.
3. Consideration to Approve Zoning Case Z23-03: Request by Chris & Tiona
Campbell, to amend Chapter 50 (Zoning) of the Tomball Code of Ordinances, by
rezoning approximately 4.94 acres of land legally described as being a portion of
Lot 48 in Tomball Townsite from Single Family Residential Estate – 20 (SF-20-E)
to General Retail (GR) zoning. The property is generally located within the 11100-
11200 blocks (east side) of Rudolph Road, within the City of Tomball, Harris
County, Texas.
Conduct Public Hearing on Zoning Case Z23-03
Minutes
Regular City Council Meeting
May 15, 2023
Page 8 of 13
Adopt, on First Reading, Ordinance No. 2023-09, an Ordinance of the City of
Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of Ordinances
by rezoning approximately 4.94 acres of land legally described as being a portion
of Lot 48 in Tomball Townsite from Single Family Residential Estate – 20 (SF-20-
E) to General Retail (GR) zoning. The property is generally located within the
11100-11200 blocks (east side) of Rudolph Road, within the City of Tomball,
Harris County, Texas; 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.
Mayor Klein Quinn called the PH to order at 6:37 pm.
Tiona & Chris Campbell (Presenter) -
19611 Glennflinch Ln.,
Spring, Texas
Hearing no further comments Mayor Klein Quinn closed the PH at 6:42
pm.
Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll to read
Ordinance No 2023-09 by caption only on First Reading.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 4 Townsend, Sr., Council 5
Parr
Motion carried unanimously.
Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford to adopt
on First Reading.
Voting Nay: Council 1 Ford, Council 2 Stoll, Council 4 Townsend, Sr., Council 5
Parr
Motion fails unanimously.
4. Consideration to approve Zoning Case Z23-04: Request by Rosehill Estates, LLC
represented by George Jarkesy to amend Chapter 50 (Zoning) of the Tomball Code
of Ordinances, by rezoning approximately 5.11 acres of land legally described as
being Lot 2, Block 1 of Swinghammer/Hauck Subdivision from Single Family
Residential Estate – 20 (SF-20-E) to Commercial (C). The property is located at
1820 S. Cherry Street, within the City of Tomball, Harris County, Texas.
Conduct Public Hearing on Zoning Case Z23-04
Minutes
Regular City Council Meeting
May 15, 2023
Page 9 of 13
Adopt, on First Reading, Ordinance No. 2023-10, an Ordinance of the City of
Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of
Ordinances by rezoning approximately 5.11 acres of land legally described as
being Lot 2, Block 1 of Swinghammer/Hauck Subdivision from Single Family
Residential Estate – 20 (SF-20-E) to Commercial (C). The property is located at
1820 S. Cherry Street, within the City of Tomball, Harris County, Texas;
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.
Mayor Klein Quinn called the PH to order at 7:25 pm.
Hearin no public comments Mayor Klein Quinn closed the PH at 7:26pm.
Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Parr to read
Ordinance No. 2023-10 by caption only on First Reading.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 4 Townsend, Sr., Council 5
Parr
Motion carries unanimously.
Motion made by Council 5 Parr, Seconded by Council 4 Townsend, Sr. adopt on
First Reading as amended Ordinance No. 2023-10.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 4 Townsend, Sr., Council 5
Parr
Motion carries unanimously.
5. Conduct a Public Hearing and Consideration to Approve Zoning Case Z23-05:
Request by Michael Kirtley represented by Sam Jackson of Black Mountain Energy
Storage II LLC., to amend Chapter 50 (Zoning) of the Tomball Code of Ordinances,
by rezoning approximately 5 acre of land legally described as being all of Lot 265
in Tomball Townsite from Agricultural (AG) to Light Industrial (LI) zoning. The
property is generally located within the 900-1000 blocks (west side) of S. Pitchford
Road, within the City of Tomball, Harris County, Texas.
Conduct Public Hearing on Zoning Case Z23-05
Adopt, on First Reading, Ordinance No. 2023-11, an Ordinance of the City of
Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of
Minutes
Regular City Council Meeting
May 15, 2023
Page 10 of 13
Ordinances by rezoning approximately 5 acre of land legally described as being
all of Lot 265 in Tomball Townsite from Agricultural (AG) to Light Industrial
(LI) zoning. The property is generally located within the 900-1000 blocks (west
side) of S. Pitchford Road, within the City of Tomball, Harris County, Texas;
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.
Mayor Klein Quinn called the PH to order at 7:15 pm.
Hearing no public comments Mayor Klein Quinn closed the PH at 7:16
pm.
No further action was taken on this item.
6. Consideration to approve Zoning Case Z23-06: Request by Red Grip LLC.,
represented by Mike Matheson to amend Chapter 50 (Zoning) of the Tomball Code
of Ordinances, by rezoning approximately 1.04 acres of land legally described as
being Lot 72, Block 1 of Acquest Tomball Replat No.1 from Commercial (C) to
Office (O) zoning. The property is generally located within the 1200-1300 blocks
(south side) of Rudel Drive, within the City of Tomball, Harris County, Texas.
Conduct Public Hearing on Zoning Case Z23-06
Adopt, on First Reading, Ordinance No. 2023-12, an Ordinance of the City of
Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of
Ordinances by rezoning approximately 1.04 acres of land legally described as
being Lot 72, Block 1 of Acquest Tomball Replat No.1 from Commercial (C) to
Office (O) zoning. The property is generally located within the 1200-1300 blocks
(south side) of Rudel Drive, within the City of Tomball, Harris County, Texas;
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.
Mayor Klein Quinn called the PH to order at 7:36 pm.
Hearing no comments Mayor Klein Quinn closed the PH at 7:37 pm.
Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll to read
Ordinance No. 2023-12 by caption only on First Reading.
Minutes
Regular City Council Meeting
May 15, 2023
Page 11 of 13
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 4 Townsend, Sr., Council 5
Parr
Motion carried unanimously.
Motion made by Council 1 Ford, Seconded by Council 4 Townsend, Sr. to adopt
on First Reading Ordinance No. 2023-12.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 4 Townsend, Sr., Council 5
Parr
Motion carried unanimously.
7. Approve Resolution No. 2023-28, a Resolution of the City of Tomball (COT),
Texas regarding Compliance with the Major Thoroughfare extension of Telge
Road (North) regarding approximately 18.739-Acre Tract of Land located at
16000 FM 2920 being released from the Extraterritorial Jurisdiction of the City of
Houston (Tomball Golf Driving Range) into the COT ETJ.
Motion made by Council 2 Stoll, Seconded by Council 1 Ford.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 4 Townsend, Sr., Council 5
Parr
Motion carried unanimously.
Mayor L. Klein-Quinn called for a brief recess from 7:48 pm until 8:00 pm.
8. Approve request from MAD for Vets for City Support and In-Kind Services for
the MAD for Vets 3rd Annual Freedom 5k Ruck March at the Depot and around
downtown Tomball, on Saturday, September 16, 2023.
Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 4 Townsend, Sr., Council 5
Parr
Motion carried unanimously.
Minutes
Regular City Council Meeting
May 15, 2023
Page 12 of 13
9. Approve a Professional Services Agreement with Freese and Nichols Inc., for
project number 2023-10017, to update current City guiding documents which
includes the Comprehensive Plan (Comp Plan), the Major Thoroughfare Plan
(MTFP), and the creation of a Unified Development Code (UDC). The contract is
for an amount not-to-exceed $450,000, authorizes the expenditure of funds, and
authorizes the City Manager to execute the agreement. This amount is included in
the FY 2022-2023 budget.
Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 4 Townsend, Sr., Council 5
Parr
Motion carried unanimously.
10. Authorize the City Manager and the Fire Chief to execute a First Responder
Organization Agreement with Harris County Emergency Services District 8 to
provide first responder medical services within the jurisdiction of the Tomball
Fire Department.
Motion made by Council 5 Parr, Seconded by Council 4 Townsend, Sr..
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 4 Townsend, Sr., Council 5
Parr
Motion carried unanimously.
11. Authorize expenditure of greater than $50,000 with RSM US related to the
procurement of information technology consulting services, software, and
hardware for Fiscal Year 2022-2023.
Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 4 Townsend, Sr., Council 5
Parr
Motion carried unanimously.
12. Approve the purchase of one (1) Chevrolet Silverado 1500 2WD Crew Cab truck
through the TIPS USA (Contract No. 210907) for a not-to-exceed amount of
$44,579.25, approve the expenditure of funds therefore, and authorize the City
Manager to execute any and all documents related to the purchase. This purchase
is included in the FY 2022-2023 Budget. This vehicle is in place of one (1) Ford
Minutes
Regular City Council Meeting
May 15, 2023
Page 13 of 13
F-150 Crew Cab Truck authorized November 7, 2022 because the dealership
cancelled the purchase due to lack of inventory. The difference in price for the
two vehicles is $3,226.25.
Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 4 Townsend, Sr., Council 5
Parr
Voting Abstaining: Mayor Klein Quinn
13. J. Rogers provided update regarding Legislative Items at the 2023 Texas
Legislative Session.
14. Council held discussion regarding Private Detention Ponds.
15. 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 closes session.
Sec. 551.074 – Personnel Matters; Deliberation of the Appointment, Employment,
and Duties of a Public Officer or Employee-City Manager
Sec. 551.087 – Deliberations regarding Economic Development
Executive Session Started: 8:35 PM
Executive Session Ended: 8:55 PM
I. Adjournment
Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Parr.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 4 Townsend, Sr., Council 5 Parr
Motion carried unanimously.
PASSED AND APPROVED this 5th day of June 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, May 15, 2023
6:00 PM
Notice is hereby given of a Regular meeting of the Tomball City Council, to be held on
Monday, May 15, 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 May 15, 2023, 6:00 PM, AT 401 MARKET STREET,
TOMBALL, TEXAS, 77375. THIS MEETING AGENDA AND THE AGENDA PACKET
ARE POSTED ONLINE.
A RECORDING OF THE MEETING WILL BE MADE AND WILL BE AVAILABLE
TO THE PUBLIC IN ACCORDANCE WITH THE OPEN MEETINGS ACT.
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: 848 9851
9899 Passcode: 635150. 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 Tim Niekerk - Salem Lutheran 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
matter until such matter has been placed on an agenda and posted in accordance with law
- GC, 551.042.]
Agenda
Regular City Council Meeting
May 15, 2023
Page 2 of 10
E. Canvas of Election
Escrutinio de la Elección
Kiểm Phiếu của Cuộc Bầu Cử
拉票選舉
1. Canvass of Election Escrutinio de la Elección Kiểm Phiếu của Cuộc Bầu Cử
拉票選舉
Resolution No. 2023-14, a Resolution of the City of Tomball, Texas, Canceling
the Regular City Officer’s Election Scheduled to be Held on the 6th Day of May
2023, 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
Resolución Nro. 2023-14 Cancelando la Elección Regular de Funcionarios
Municipales programada para celebrarse el día 6 de mayo de 2023 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.
Nghị Quyết số 2023-14, Hủy Bỏ Cuộc Bầu Cử Viên Chức Thành Phố Thường Kỳ
Dự Kiến sẽ được tổ chức vào ngày 6 tháng Năm, 2023, 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.
案2023-
14,取消一般市府官員應於2023年5月6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。
2. Administer Oath of Office to Elected Officials
Administrar el juramento al cargo de los funcionarios electos
Làm lễ Tuyên Thệ Nhậm Chức cho các Viên Chức Được Bầu Chọn
管管理選舉官員宣誓就職
3. Consideration to Elect Mayor Pro-Tem, in Accordance with Section 6.08 of the
City of Tomball Home Rule Charter
Considerar elegir un Alcalde Interino, de acuerdo con la Sección 6.08 de la
Carta Orgánica de Gobierno Local de al Ciudad de Tomball
Xem xét Bầu Chọn Thị Trưởng Tạm Thời, chiếu theo Mục 6.08 của Hiến Chương
Điều Lệ Địa Phương Thành Phố Tomball
考慮選出暫替市長,根據Tomball市自治憲章6.08節
F. Reports and Announcements
Agenda
Regular City Council Meeting
May 15, 2023
Page 3 of 10
1. Announcements
Kids Club Dates:
June 9: Soccer Clinic with HTX Soccer (formerly Dynamo/Dash Youth
Soccer) at Broussard Park (1414 E. Huffsmith Rd) from 9-11 a.m. This
event is open to kids aged 7-12 years of age only.
July 14: Reptile show-n-tell and Reading games (Texas Snakes & More
and LSC-Tomball Community Library) at Juergens Park (1331 Ulrich Rd)
from 10 a.m. to 12 p.m. This event is open to kids ages 5-12.
August 11: Learn about emergency vehicles and Splash Day at Tomball
Depot Plaza (201 S. Elm St). from 10 a.m. to 12 p.m. This event is open to
kids ages 5-12.
2023 Swim Season (Jerry Matheson Park Pool):
Monday-Closed
Tuesday thru Friday - 10am - 6pm
Saturday & Sundy – 12pm - 8pm
PRESEASON HOURS 2023
May 27th (Saturday) Noon - 8pm
May 28th (Sunday) Noon – 8pm
May 29th (Monday) 10am – 6pm
REGULAR SEASON HOURS 2023
May 30th (Tuesday) 10am – 6PM Start Date
August 13th (Sunday) Noon – 8pm End Date
END OF SEASON HOURS 2023
August 19th (Saturday) Noon – 8pm
August 20th (Sunday) Noon – 8pm
August 26th (Saturday) Noon – 8pm
August 27th (Sunday) Noon – 8pm
September 2nd (Saturday) Noon – 8pm
September 3rd (Sunday) Noon – 8pm
September 4th (Monday) 10am – 6p
The pool will be open to the public on Memorial Day Weekend.
The pool will be open to the public on Memorial Day.
Agenda
Regular City Council Meeting
May 15, 2023
Page 4 of 10
The Pool will be open to the public on weekends until Labor Day.
Depot Splash Pad:
Opens May 26, 2023
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 May 1, 2023, Special Joint City Council Meeting and
Capital Improvements Plan Advisory Committee and the Regular City Council
Meeting.
2. Approve a contract with Hassell Construction Group, LLC for the construction of
the Alley Improvement Project for E&P Project 2017-10033 (RFP 2023-07) for a
not-to-exceed amount of $1,586,683.22, authorize the expenditure of funds
therefor, and authorize the City Manager to execute contract. The amount is
included in the Fiscal Year 2022-2023 budget.
3. Consider approval of Resolution No. 2023-27, a Resolution of the City of
Tomball, Texas, determining the Construction Manager at Risk (CMAR) delivery
method for the expansion of the South Wastewater Treatment Plant (SWWTP)
provides the best value to the City and stating the award of the CMAR Contract
will be based on best value; and providing an effective date.
4. Approve a Professional Services Agreement with Civil System Engineering, Inc.,
for Project Number 2023-10008, Drainage Master Plan and Impact Fee Update
for a not-to-exceed amount of $844,000, 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.
5. Consideration to approve Supplemental Number Two to Oller Engineering, Inc.
for Project Number 2021-10037, S. Persimmon Water Line Replacement for an
amount of $46,706.84 (total not-to-exceed contract amount of $139,256.84),
approve the expenditure of funds therefor, and authorize the City Manager to
execute the agreement. This project was included in the FY 2022-2023 budget.
6. Approve a contract with ISJ Underground Utilities, LLC. for the construction of
the S. Persimmon Water Line Replacement for E&P Project 2021-10037 (Bid
2023-10) for a not-to-exceed amount of $305,970, authorize the expenditure of
Agenda
Regular City Council Meeting
May 15, 2023
Page 5 of 10
funds therefor, and authorize the City Manager to execute contract. The amount is
included in the Fiscal Year 2022-2023 budget.
7. Approve a contract with Heartland Park & Recreation, LLC for the purchase and
construction of a splashpad and necessary components at Jerry Matheson Park
through a BuyBoard Contract (Contract No. 592-19) for a not-to-exceed amount
of $514,570.24, 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.
8. Consider action to approve Resolution No. 2023-29, a Resolution of the City of
Tomball, Texas, authorizing the use of the BuyBoard Purchasing Cooperative for
the purchase of equipment and components for Jerry Matheson Park as required
as a recipient of the Texas Parks and Wildlife Non-Urban Outdoor Recreation
Grant; and providing an effective date.
H. New Business
1. Consideration to approve Case CUP23-03: Request by Chris & Tiona Campbell,
for a Conditional Use Permit to allow “Residential Use” within General Retail (GR)
zoning. Affecting approximately 4.94 acres of land legally described as being a
portion of Lot 48 in Tomball Townsite. The property is generally located within the
11100-11200 blocks (east side) of Rudolph Road, within the City of Tomball,
Harris County, Texas.
Conduct Public Hearing on Case CUP23-03
Adopt, on First Reading, Ordinance No. 2023-13, an Ordinance of the City of
Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of Ordinances
by issuing a Conditional Use Permit to allow “Residential Use” within General
Retail (GR) zoning. Affecting approximately 4.94 acres of land legally described
as being a portion of Lot 48 in Tomball Townsite. The property is generally located
within the 11100-11200 blocks (east side) of Rudolph Road, 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. Consideration to approve Case CUP23-04: Request by Michael Kirtley,
represented by Sam Jackson of Black Mountain Energy Storage II LLC., for a
Conditional Use Permit to allow an “Electric Storage System” within Light
Agenda
Regular City Council Meeting
May 15, 2023
Page 6 of 10
Industrial (LI) zoning. Affecting land legally described as being all of Lot 265 in
Tomball Townsite. The property is generally located within the 900-1000 blocks
(west side) of S. Pitchford Road, within the City of Tomball, Harris County, Texas.
Conduct Public Hearing on Case CUP23-04
Adopt, on First Reading, Ordinance No. 2023-14, an Ordinance of the City of
Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of Ordinances
by issuing a Conditional Use Permit to allow an “Electric Storage System” within
Light Industrial (LI) zoning. Affecting land legally described as being all of Lot
265 in Tomball Townsite. The property is generally located within the 900-1000
blocks (west side) of S. Pitchford Road, 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.
3. Consideration to Approve Zoning Case Z23-03: Request by Chris & Tiona
Campbell, to amend Chapter 50 (Zoning) of the Tomball Code of Ordinances, by
rezoning approximately 4.94 acres of land legally described as being a portion of
Lot 48 in Tomball Townsite from Single Family Residential Estate – 20 (SF-20-E)
to General Retail (GR) zoning. The property is generally located within the 11100-
11200 blocks (east side) of Rudolph Road, within the City of Tomball, Harris
County, Texas.
Conduct Public Hearing on Zoning Case Z23-03
Adopt, on First Reading, Ordinance No. 2023-09, an Ordinance of the City of
Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of Ordinances
by rezoning approximately 4.94 acres of land legally described as being a portion
of Lot 48 in Tomball Townsite from Single Family Residential Estate – 20 (SF-20-
E) to General Retail (GR) zoning. The property is generally located within the
11100-11200 blocks (east side) of Rudolph Road, within the City of Tomball,
Harris County, Texas; 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. Consideration to approve Zoning Case Z23-04: Request by Rosehill Estates, LLC
represented by George Jarkesy to amend Chapter 50 (Zoning) of the Tomball Code
of Ordinances, by rezoning approximately 5.11 acres of land legally described as
being Lot 2, Block 1 of Swinghammer/Hauck Subdivision from Single Family
Agenda
Regular City Council Meeting
May 15, 2023
Page 7 of 10
Residential Estate – 20 (SF-20-E) to Commercial (C). The property is located at
1820 S. Cherry Street, within the City of Tomball, Harris County, Texas.
Conduct Public Hearing on Zoning Case Z23-04
Adopt, on First Reading, Ordinance No. 2023-10, an Ordinance of the City of
Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of
Ordinances by rezoning approximately 5.11 acres of land legally described as
being Lot 2, Block 1 of Swinghammer/Hauck Subdivision from Single Family
Residential Estate – 20 (SF-20-E) to Commercial (C). The property is located at
1820 S. Cherry Street, within the City of Tomball, Harris County, Texas;
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.
5. Conduct a Public Hearing and Consideration to Approve Zoning Case Z23-05:
Request by Michael Kirtley represented by Sam Jackson of Black Mountain Energy
Storage II LLC., to amend Chapter 50 (Zoning) of the Tomball Code of Ordinances,
by rezoning approximately 5 acre of land legally described as being all of Lot 265
in Tomball Townsite from Agricultural (AG) to Light Industrial (LI) zoning. The
property is generally located within the 900-1000 blocks (west side) of S. Pitchford
Road, within the City of Tomball, Harris County, Texas.
Conduct Public Hearing on Zoning Case Z23-05
Adopt, on First Reading, Ordinance No. 2023-11, an Ordinance of the City of
Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of
Ordinances by rezoning approximately 5 acre of land legally described as being
all of Lot 265 in Tomball Townsite from Agricultural (AG) to Light Industrial
(LI) zoning. The property is generally located within the 900-1000 blocks (west
side) of S. Pitchford Road, within the City of Tomball, Harris County, Texas;
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.
6. Consideration to approve Zoning Case Z23-06: Request by Red Grip LLC.,
represented by Mike Matheson to amend Chapter 50 (Zoning) of the Tomball Code
of Ordinances, by rezoning approximately 1.04 acres of land legally described as
being Lot 72, Block 1 of Acquest Tomball Replat No.1 from Commercial (C) to
Agenda
Regular City Council Meeting
May 15, 2023
Page 8 of 10
Office (O) zoning. The property is generally located within the 1200-1300 blocks
(south side) of Rudel Drive, within the City of Tomball, Harris County, Texas.
Conduct Public Hearing on Zoning Case Z23-06
Adopt, on First Reading, Ordinance No. 2023-12, an Ordinance of the City of
Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of
Ordinances by rezoning approximately 1.04 acres of land legally described as
being Lot 72, Block 1 of Acquest Tomball Replat No.1 from Commercial (C) to
Office (O) zoning. The property is generally located within the 1200-1300 blocks
(south side) of Rudel Drive, within the City of Tomball, Harris County, Texas;
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.
7. Approve Resolution No. 2023-28, a Resolution of the City of Tomball (COT),
Texas regarding Compliance with the Major Thoroughfare extension of Telge
Road (North) regarding approximately 18.739-Acre Tract of Land located at
16000 FM 2920 being released from the Extraterritorial Jurisdiction of the City of
Houston (Tomball Golf Driving Range) into the COT ETJ.
8. Approve request from MAD for Vets for City Support and In-Kind Services for
the MAD for Vets 3rd Annual Freedom 5k Ruck March at the Depot and around
downtown Tomball, on Saturday, September 16, 2023
9. Approve a Professional Services Agreement with Freese and Nichols Inc., for
project number 2023-10017, to update current City guiding documents which
includes the Comprehensive Plan (Comp Plan), the Major Thoroughfare Plan
(MTFP), and the creation of a Unified Development Code (UDC). The contract is
for an amount not-to-exceed $450,000, authorizes the expenditure of funds, and
authorizes the City Manager to execute the agreement. This amount is included in
the FY 2022-2023 budget.
10. Authorize the City Manager and the Fire Chief to execute a First Responder
Organization Agreement with Harris County Emergency Services District 8 to
provide first responder medical services within the jurisdiction of the Tomball
Fire Department.
11. Authorize expenditure of greater than $50,000 with RSM US related to the
procurement of information technology consulting services, software, and
hardware for Fiscal Year 2022-2023.
12. Approve the purchase of one (1) Chevrolet Silverado 1500 2WD Crew Cab truck
through the TIPS USA (Contract No. 210907) for a not-to-exceed amount of
Agenda
Regular City Council Meeting
May 15, 2023
Page 9 of 10
$44,579.25, approve the expenditure of funds therefore, and authorize the City
Manager to execute any and all documents related to the purchase. This purchase
is included in the FY 2022-2023 Budget. This vehicle is in place of one (1) Ford
F-150 Crew Cab Truck authorized November 7, 2022, because the dealership
cancelled the purchase due to lack of inventory. The difference in price for the
two vehicles is $3,226.25.
13. Discussion, direction, and possible action regarding Legislative Items at the 2023
Texas Legislative Session.
14. Discussion regarding Private Detention Ponds.
15. 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 closes session.
Sec. 551.074 – Personnel Matters; Deliberation of the Appointment,
Employment, and Duties of a Public Officer or Employee-City Manager
Sec. 551.087 – Deliberations regarding Economic Development
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 11th
Agenda
Regular City Council Meeting
May 15, 2023
Page 10 of 10
day of May 2023 by 6:00 PM, and remained posted for at least 72 continuous hours preceding the
scheduled time of said meeting.
_____________________________
Tracylynn Garcia, TRMC, CMC, CPM
City Secretary
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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