Regular City Council Meeting

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, September 18, 2023 6:00 PM The City Council of the City of Tomball, Texas, conducted the meeting scheduled for September 18, 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 Mayor Lori Klein Quinn 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 Attorney – Loren Smith City Secretary – Tracylynn Garcia Assistant City Secretary- Sasha Luna Director of Marketing & Tourism – Chrislord Templonuevo Police Chief – Jeff Bert Public Works Director – Drew Huffman Director of Community Development – Craig Meyers HR Director – Kristie Lewis Finance Director – Katherine Tapscott Fire Chief – Joe Sykora Project Coordinator – Meagan Mageo IT Sr. Specialist – Ben Lato TEDC Executive Director – Kelly Violette TEDC Assistant Director – Tiffani Wooten Community Center Manager – Rosalie Dillon  Minutes Regular City Council Meeting September 18, 2023 Page 2 of 13 B. Invocation - Led by Pastor Bill Haygood - Tomball Methodist Church C. Pledges to U.S. and Texas Flags was led by Amanda Kelly 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.] Bruce Hillegeist - In favor 58th Annual Tomball Holiday 20339 Telge Rd. parade Tomball, TX Tom Whetherford - Pickleball courts 20203 Mahogany Ridge Dr. Magnolia, TX Tim Gamar - Water bill and fees 12502 Montclair Landing Ct. Tomball, TX Ellen Lewis - Pickleball courts 712 Clarence St. Tomball, TX Brenda Pope - Water bill 31023 Raleigh Creek Dr. Tomball, TX John Weaver - Water bill 31119 Winfield Ct. Tomball, TX E. Reports and Announcements 1. Announcements  Upcoming Events: September 23 - GroovFest 11:00 a.m. – 6:00 p.m. @ Depot  Minutes Regular City Council Meeting September 18, 2023 Page 3 of 13 September 27 - Tomball HS Homecoming Parade 6:00 – 8:00 p.m. @ Depot & Main St. September 30 - Tomball Museum Classic Car Day 10:00 a.m. – 2:00 October 3 - National Night Out 5:00 - 8 :00 p.m. @ Depot October 3 - Tomball Farmers Market Sunset Market 4:00 – 7 p.m. October 7 - Second Saturday “Spooktacular” 4:00 – 9:00 p.m. @ Depot October 12 - Mayor’s Kaffeeklatsch 8:30 – 10:00 a.m. @ Community Center October 14 - Rotary “Big Show” 3:00 – 9:00 p.m. @ Depot October 14 - TFD Family Day @ Juergens Park F. Approval of Minutes 1. Approve the Minutes of the September 5, 2023, Special and Regular Tomball City Council Meetings. Motion made by Council 4 Townsend, Sr., 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. Old Business 1. Adopt, on Second Reading, Ordinance No. 2023-29, an Ordinance of the City Council of the City of Tomball, Texas, Adopting the Budget for the City of Tomball, Texas, for Fiscal Year 2023-2024; and Authorizing the City Manager to Approve Intra-Departmental (Within the Same Department Only) Transfers of Budgeted Funds; and Amending the Budget for the 2022-2023 Fiscal Year in Accordance with Actual Expenditures; and Providing Other Details Relating to the Passage of This Ordinance Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Parr. Voting Yea: Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Voting Nay: Council 1 Ford, Council 2 Stoll Motion carried 3 votes yea, 2 votes nay.  Minutes Regular City Council Meeting September 18, 2023 Page 4 of 13 H. New Business 1. Approve Resolution No. 2023-41 of the City Council of the City of Tomball, Texas, supporting the 58th Annual Tomball Holiday Parade, Santa’s Beach Bash” to be held in the City of Tomball at 10:00 a.m. on Saturday, November 18, 2023, and to Approve Requested Streed Closures and In-Kind Services. Motion made by Council 4 Townsend, Sr., 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. 2. Resolution No. 2023-38; A Resolution by the City Council of the City of Tomball, Texas, Authorizing Publication of Notice of Intention to Issue Certificates of Obligation; Approving the Preparation of a Preliminary Official Statement; And Approving Other Matters Incidental Thereto No action was taken. 3. Approve the Proposed Tax Rate of $0.293320/$100 for Tax Year 2023 and Set the Dates to Vote on the Proposed Tax Rate for October 2, 2023 and October 16, 2023 Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Parr. Voting Yea: Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Voting Nay: Council 1 Ford, Council 2 Stoll Motion carried 3 votes yea, 2 votes nay. 4. Approve Resolution No. 2023-43, a Resolution of the City of Tomball, Texas, Adopting the City of Tomball’s Fiscal Year 2024-2028 Capital Improvement Plan. Motion made by Council 4 Townsend, Sr., Seconded by Council 3 Dunagin. Voting Yea: Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Voting Nay: Council 1 Ford  Minutes Regular City Council Meeting September 18, 2023 Page 5 of 13 Motion carried 4 votes yea, 1 vote nay. 5. Adopt, on First Reading, Ordinance No. 2023-37, an Ordinance of the City of Tomball, Texas, Amending its Code of Ordinances by Adding Section 46-66 (Disconnection of Temporary Hydrant Meter Service); 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 made by Council 5 Parr, Seconded by Council 4 Townsend, Sr., to read by caption only on First Reading. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. Motion made by Council 4 Townsend, Sr., Seconded by Council 3 Dunagin to adopt on First Reading. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 6. Approve the Tomball Economic Development Corporation (TEDC) Fiscal Year 2023-2024 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. Voting Abstaining: Council 5 Parr Motion carries 4 votes yea, 1 abstention. 7. Presentation, discussion, and possible action regarding the Alley Improvement Project. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll for mesquite tile color for alleyway.  Minutes Regular City Council Meeting September 18, 2023 Page 6 of 13 Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 8. Consider, Discuss and Appoint the Charter Review Commission Chair and Co- Chair. Motion made by Council 3 Dunagin to designate Tana Ross as Chairman, Seconded by Council 5 Parr. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 9. Approve Resolution No. 2023-42, a Resolution of the City of Tomball, Texas approving the Fiscal Year 2023-2024 Strategic Plan. Motion made by Council 4 Townsend, Sr., 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. 10. Approve Resolution No. 2023-44, a Resolution of the City of Tomball, Texas, approving the Master Fee Schedule for Fiscal Year 2023-2024. Motion made by Council 4 Townsend, Sr., 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. 11. Consideration to Approve Conditional Use Permit Case CUP23-05: Request by 2 S&Z Investments LLC., represented by Breann Williams, for a Conditional Use Permit to allow “Barber/Beauty Shop (no related school/college)” within Office (O) zoning. Affecting approximately 1.00 Acres of land legally described as being Reserve B, Block 1 of Brown-Hufsmith Church Subdivision. The property is  Minutes Regular City Council Meeting September 18, 2023 Page 7 of 13 located at the southwest corner of Brown-Hufsmith Road and Baker Drive, within the City of Tomball, Harris County, Texas. Conduct Public Hearing on Conditional Use Permit Case CUP23-05  Mayor Klein Quinn called the PH to order at 7:02 pm.  Hearing no comments Mayor Klein Quinn closed PH at 7:03 pm. Adopt, on First Reading, Ordinance No. 2023-30, 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 “Barber/Beauty Shop (no related school/college)” within Office (O) zoning. Affecting approximately 1.00 Acres of land legally described as being Reserve B, Block 1 of Brown-Hufsmith Church Subdivision. The property is located at the southwest corner of Brown-Hufsmith Road and Baker Drive, 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. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll to read by caption only on First Reading. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, 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. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 12. Consideration to Approve Conditional Use Permit Case CUP23-06: Request by Equalizer USA, Inc., represented by Morales Engineering Associates, LLC., for a Conditional Use Permit to allow “Playfield or stadium (private)” within Agricultural (AG) zoning. Affecting approximately 7.51 Acres of land legally described as being Lot 69 of Tomball Townsite Outlots. The property is located at  Minutes Regular City Council Meeting September 18, 2023 Page 8 of 13 the northeast corner of Rudolph Road and E. Hufsmith Road, within the City of Tomball, Harris County, Texas. Conduct Public Hearing on Conditional Use Permit Case CUP23-06  Mayor Klein Quinn called the PH to order at 7:06 pm. John Klueger 503 Clayton - Parking concerns Tomball, TX Enrico Morales Moral Engineering Associates - Representing applicant  Hearing no further comments Mayor Klein Quinn closed PH at 7:10 pm. Adopt, on First Reading, Ordinance No. 2023-31, 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 “Playfield or stadium (private)” within Agricultural (AG) zoning. Affecting approximately 7.51 Acres of land legally described as being Lot 69 of Tomball Townsite Outlots. The property is located at the northeast corner of Rudolph Road and E. Hufsmith 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. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll to read by caption only on First Reading. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Parr to amend motion to include parking compliances. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously.  Minutes Regular City Council Meeting September 18, 2023 Page 9 of 13 Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Parr to adopt on First Reading. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 13. Consideration to Approve Re-Zoning Case Z23-12: Request by Paul & Delphine Michna to amend Chapter 50 (Zoning) of the Tomball Code of Ordinances, by rezoning approximately 0.29 acres of land legally described as being Lot 200, Block 10 of Sansom Plaza from Single Family Residential – 6 (SF-6) to Old Town & Mixed Use (OT & MU). The property is located at 611 N. Cherry Street, within the City of Tomball, Harris County, Texas. Conduct Public Hearing on Re-Zoning Case Z23-12  Mayor Klein Quinn called the PH to order at 7:20 pm.  Hearing no comments Mayor Klein Quinn closed PH at 7:21 pm. Adopt, on First Reading, Ordinance No. 2023-32, an Ordinance of the City of Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of Ordinances by rezoning approximately 0.29 acres of land legally described as being Lot 200, Block 10 of Sansom Plaza from Single Family Residential – 6 (SF-6) to Old Town & Mixed Use (OT & MU). The property is located at 611 N. 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. Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Parr to read by caption only on First Reading. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. Comments from applicant - Paul Michna  Minutes Regular City Council Meeting September 18, 2023 Page 10 of 13 Motion made by Council 5 Parr, Seconded by Council 4 Townsend, Sr., to adopt on First Reading. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 14. Consideration to Approve Re-Zoning Case Z23-13: Request by Hightower Investments LTD. To amend Chapter 50 (Zoning) of the Tomball Code of Ordinances, by rezoning approximately 0.32 acres of land legally described as being Lots 1 & 2, Block 53 of Revised Map of Tomball from Single Family Residential – 6 (SF-6) to Old Town & Mixed Use (OT & MU). The property is located at 400 N. Elm Street, within the City of Tomball, Harris County, Texas. Comments from applicant – Bill Hightower Conduct Public Hearing on Zoning Case Z23-13  Mayor Klein Quinn called the PH to order at 7:34 pm.  Hearing no comments Mayor Klein Quinn closed PH at 7:35 pm. Adopt, on First Reading, Ordinance No. 2023-33, an Ordinance of the City of Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of Ordinances by rezoning approximately 0.32 acres of land legally described as being Lots 1 & 2, Block 53 of Revised Map of Tomball from Single Family Residential – 6 (SF-6) to Old Town & Mixed Use (OT & MU). The property is located at 400 N. Elm 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. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll to read by caption only on First Reading. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously.  Minutes Regular City Council Meeting September 18, 2023 Page 11 of 13 Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Parr to adopt on first reading. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 15. Approve a contract with CentralSquare Technologies, for False Alarm Management Services, and authorize the City Manager to execute the agreement. This contract reduces the revenue share with CentralSquare from 47.5% to 35%. Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Parr. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 16. Discussion and consideration to approve Resolution No. 2023-39, a Resolution of the City Council of the City of Tomball, Texas authorizing the City Manager to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation for providing reconstruction and access management improvements to FM 2920 from Business 249-B east to Willow Street. No action was taken. 17. Approve an agreement with B & C Constructors, LP for improvements at Jerry Matheson Park (BuyBoard Contract No. 19-03DP), for a not-to-exceed amount of $355,312.26, 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 as a Capital Improvement Project. Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 18. Approve a Service Agreement with ABM Texas General Services, Inc. for the janitorial services and supplies for City facilities, for a not-to-exceed amount of $115,000 (RFP 2023-19), approve the expenditure of funds therefor, and authorize the City Manager to execute any and all documents related to the  Minutes Regular City Council Meeting September 18, 2023 Page 12 of 13 purchases. These expenditures were included in the Fiscal Year 2023-2024 Budget. Motion made by Council 4 Townsend, Sr., 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. 19. 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 that the Attorney’s Duty Requires to be Discussed in Closed Session Sec. 551.072 – Deliberations regarding Real Property Sec. 551.074 – Personnel Matters; Deliberation of the Appointment, Employment, and Duties of a Public Officer or Employee-City Manager Executive Session Started: 7:57 pm Executive Session Ended: 9:29 pm 20. Discussion and Approval of the Employment Contract for City Manager, David Esquivel, PE Motion made by Council 4 Townsend, Sr., 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.  Minutes Regular City Council Meeting September 18, 2023 Page 13 of 13 I. Adjournment Motion made by Council 4 Townsend, Sr., 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. PASSED AND APPROVED this 2nd day of October, 2023. Tracylynn Garcia Lori Klein Quinn Tracylynn Garcia Lori Klein Quinn City Secretary, TRMC, CMC, CPM Mayor