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Regular City Council Meeting

Regular Meeting

Tomball, TX · June 3, 2024

AgendaPacketMinutes

Minutes

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, June 03, 2024 6:00 PM A. Mayor Klein Quinn called the meeting of the City Tomball Council to order at 6 p.m. PRESENT Council 1 John Ford Council 2 Paul Garcia Council 3 Dane Dunagin Council 4 Lisa A. Covington 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 Community Development - Craig Meyers Director of Marketing & Tourism - Chrislord Templonuevo Project Manager - Meagan Mageo IT Director - Tom Wilson Finance Director - Katherine Tapscott Fire Chief - Joe Sykora Police Captain - Brandon Patin Police Captain - Shon Davis City Hall Intern - Ki Provencher B. Invocation - Led by Pastor Richard Jennings with River of Praise Church C. Pledges to U.S. and Texas Flags by TFD Chief J. 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.] Minutes Regular City Council Meeting June 03, 2024 Page 2 of 7 Bill Sumner 12321 Zion Rd. - TEDC Board appointment Tomball, Texas 77375 Mike Fagan 1314 Pine Brook - noise ordinance Tomball, Texas 77375 Gretchen Fagan 1314 Pine Brook - noise ordinance Tomball, Texas 77375 Colleen Pye 207 Florence St - noise ordinance Tomball, Texas 77375 Laura Wilson 24161 Spring Dr. - TEDC Board and staff Hockley, Texas 77447 Janet Toth 606 East Pecan Dr. - Fallen tree on property Tomball, Texas 77375 E. Reports and Announcements 1. Announcements I. Upcoming Events: June 13, 2024 – Mayors Kaffeeklatsch 8:30 a.m. to 10 a.m. @ Community Center June 14, 2024 – Kids Club – HTX Soccer 8 a.m. to 10 a.m. @ Broussard Park July TBD – Focus Group Meeting #4 @ City Hall July 4, 2024 – July 4th Celebration & Street Fest 4 p.m. to 9 p.m. @ Business 249 2024 Swim Season (Jerry Matheson Park Pool) Minutes Regular City Council Meeting June 03, 2024 Page 3 of 7 REGULAR SEASON HOURS (Tuesday, May 28 to Sunday, August 11) Monday – Closed Tuesday through Friday – 10 a.m. to 6 p.m. Saturday and Sunday – Noon to 8 p.m. END OF SEASON HOURS (Weekends only) August 17 and 18 – Noon to 8 p.m. August 24 and 25 – Noon to 8 p.m. August 31 and September 1 – Noon to 8 p.m. September 2 – 10 a.m. to 6 p.m. F. Old Business 1. Adopt, on Second Reading, Ordinance No. 2024-11, an Ordinance of the City of Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of Ordinances by rezoning approximately 1.905 acres of land legally described as Reserve “A”, Block 3 of Pine Meadows from Single Family Residential – 6 (SF- 6) to Neighborhood Retail (NR). The property is located at 12703 Theis Lane, at the southwest corner of Theis Lane and South 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. Motion made by Council 3 Dunagin, Seconded by Council 5 Parr to adopt, on Second Reading, Ordinance No. 2024-11. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, 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.] Minutes Regular City Council Meeting June 03, 2024 Page 4 of 7 Items 2 and 3 were pulled at the request of Council and were voted on separately. 1. Approve the Minutes of the May 20, 2024, Special Joint City Council and Planning and Zoning Commission meeting and the Regular City Council meeting. 2. Approve, on First Reading, Resolution No. 2024-24-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 Keep It Simple and Pink, LLC to make direct incentives to, or expenditures for, rental assistance for new or expanded business enterprise to be located at 103 W. Main Street, Tomball, Texas 77375. The estimated amount of expenditures for such Project is an amount not to exceed $10,000.00. Motion made by Council 1 Ford, Seconded by Council 4 Covington to approve, on First Reading, Resolution No. 2024-24-TEDC. Voting Yea: Council 1 Ford, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Voting Nay: Council 2 Garcia Motion carried 4 votes yea, 1 vote nay. 3. Approve, on First Reading, Resolution No. 2024-25-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 TCG Capital, 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 expansion of a sports facility located at 19220 Theis Ln., Tomball, Texas 77375. The estimated amount of expenditures for such Project is an amount not to exceed $26,750.00. Motion made by Council 4 Covington, Seconded by Council 5 Parr to approve, on First Reading, Resolution No. 2024-25-TEDC. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. Minutes Regular City Council Meeting June 03, 2024 Page 5 of 7 4. Approve the purchase of information technology hardware, software, and consulting services from Waypoint Business Solutions through the Choice Partners Cooperative (Contract #22/041KN-02) for a not-to-exceed amount of $152,896.67 approve the expenditure of funds therefor, and authorize the City Manager to execute any and all documents related to the purchases. The purchases are included in the FY 2023-2024 Budget. 5. Approve a contract with B & C Constructors, LP through a 1GPA Contract (Contract No. 19-03DP) for a not-to-exceed amount of $158,070.06, approve the expenditure of funds therefor, and authorize the City Manager to execute any and all documents related to the purchases. These expenditures are included in the Fiscal Year 2023-2024 Budget. 6. Approve a purchase from Aqua-Metric Company, for Sensus water meters and installation, as an exclusive authorized distributor of Sensus water meter products, for a not-to-exceed amount of $400,000 approve the expenditure of funds therefor, and authorize the City Manager to execute any and all documents related to the purchases. These expenditures are included in the Fiscal Year 2023-2024 Budget. 7. Approve a purchase from Equipment Controls Company, Inc. for gas meters and transmitters, as an exclusive authorized distributor of Sensus products, for a not- to-exceed amount of $622,000.00, approve the expenditure of funds therefor, and authorize the City Manager to execute any and all documents related to the purchases. These expenditures are included in the Fiscal Year 2023-2024 Budget. Motion made by Council 1 Ford, Seconded by Council 4 Covington to approve items 1 and 4 through 7. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. H. New Business 1. Discussion and possible action to schedule City Council Strategic Planning Workshop and Orientation. As discussed, the following Strategic Planning Workshop dates were confirmed: June 19, 2024, from 1 p.m. to 5 p.m. June 20, 2024, from 8 a.m. to Noon Minutes Regular City Council Meeting June 03, 2024 Page 6 of 7 2. Discussion and possible action to approve the proposed changes to the Board, Commission, and Committee Appointment Process. Motion made by Council 1 Ford, Seconded by Council 3 Dunagin to approve Option B – 60 days. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 3. Elect Officers for the 2024 Tomball Legacy Fund, Inc. Board of Directors as Required under Sec. 4.02, Bylaws Motion made by Council 1 Ford, Seconded by Council 3 Dunagin to appoint Paul Garcia and Lisa A. Covington to the Board of Directors of the Tomball Legacy Fund. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 4. Presentation of the Tomball Economic Development Corporation (TEDC) 2023- 2024 Annual Report. 5. Approve the Tomball Economic Development Corporation (TEDC) 2024-2025 Strategic Work Plan. Motion made by Council 1 Ford, Seconded by Council 5 Parr. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 6. Adopt, on First Reading, Ordinance 2024-17, an Ordinance of the City of Tomball, Texas amending its Code of Ordinances by amending Chapter 18-Environment, Article IV.-Noise, by deleting Section 18-192.-Maximum sound levels and modifying Section 18-195.-Defenses; providing for a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; providing for severability, making findings of fact; and providing for other related matters. Minutes Regular City Council Meeting June 03, 2024 Page 7 of 7 Motion made by Council 1 Ford, Seconded by Council 3 Dunagin to adopt, on First Reading, Ordinance No. 2024-17. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 7. 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. 551.074 – Personnel Matters; Deliberation of the Appointment, Employment, and Duties of a Public Officer or Employee- Members of the Tomball Economic Development Corporation (TEDC) Board of Directors Executive Session started: 8:01 p.m. Executive Session ended: 9 p.m. I. Adjournment Motion made by Council 1 Ford, Seconded by Council 5 Parr. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr. Motion carried unanimously. PASSED AND APPROVED this 17th day of June 2024. 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, June 03, 2024 6:00 PM Notice is hereby given of a Regular meeting of the Tomball City Council, to be held on Monday, June 03, 2024 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 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: 872 5410 8258 Passcode: 860356. 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 Richard Jennings with River of Praise 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.] E. Reports and Announcements 1. Announcements I. Upcoming Events: June 13, 2024 – Mayors Kaffeeklatsch 8:30 a.m. to 10 a.m. @ Community Center Agenda Regular City Council Meeting June 03, 2024 Page 2 of 5 June 14, 2024 – Kids Club – HTX Soccer 8 a.m. to 10 a.m. @ Broussard Park July TBD – Focus Group Meeting #4 @ City Hall July 4, 2024 – July 4th Celebration & Street Fest 4 p.m. to 9 p.m. @ Business 249 2024 Swim Season (Jerry Matheson Park Pool) REGULAR SEASON HOURS (Tuesday, May 28 to Sunday, August 11) Monday – Closed Tuesday through Friday – 10 a.m. to 6 p.m. Saturday and Sunday – Noon to 8 p.m. END OF SEASON HOURS (Weekends only) August 17 and 18 – Noon to 8 p.m. August 24 and 25 – Noon to 8 p.m. August 31 and September 1 – Noon to 8 p.m. September 2 – 10 a.m. to 6 p.m. F. Old Business 1. Adopt, on Second Reading, Ordinance No. 2024-11, an Ordinance of the City of Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of Ordinances by rezoning approximately 1.905 acres of land legally described as Reserve “A”, Block 3 of Pine Meadows from Single Family Residential – 6 (SF- 6) to Neighborhood Retail (NR). The property is located at 12703 Theis Lane, at the southwest corner of Theis Lane and South 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. 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.] Agenda Regular City Council Meeting June 03, 2024 Page 3 of 5 1. Approve the Minutes of the May 20, 2024, Special Joint City Council and Planning and Zoning Commission meeting and the Regular City Council meeting. 2. Approve, on First Reading, Resolution No. 2024-24-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 Keep It Simple and Pink, LLC to make direct incentives to, or expenditures for, rental assistance for new or expanded business enterprise to be located at 103 W. Main Street, Tomball, Texas 77375. The estimated amount of expenditures for such Project is an amount not to exceed $10,000.00. 3. Approve, on First Reading, Resolution No. 2024-25-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 TCG Capital, 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 expansion of a sports facility located at 19220 Theis Ln., Tomball, Texas 77375. The estimated amount of expenditures for such Project is an amount not to exceed $26,750.00. 4. Approve the purchase of information technology hardware, software, and consulting services from Waypoint Business Solutions through the Choice Partners Cooperative (Contract #22/041KN-02) for a not-to-exceed amount of $152,896.67 approve the expenditure of funds therefor, and authorize the City Manager to execute any and all documents related to the purchases. The purchases are included in the FY 2023-2024 Budget. 5. Approve a contract with B & C Constructors, LP through a 1GPA Contract (Contract No. 19-03DP) for a not-to-exceed amount of $158,070.06, approve the expenditure of funds therefor, and authorize the City Manager to execute any and all documents related to the purchases. These expenditures are included in the Fiscal Year 2023-2024 Budget. 6. Approve a purchase from Aqua-Metric Company, for Sensus water meters and installation, as an exclusive authorized distributor of Sensus water meter products, for a not-to-exceed amount of $400,000 approve the expenditure of funds therefor, and authorize the City Manager to execute any and all documents related to the purchases. These expenditures are included in the Fiscal Year 2023-2024 Budget. 7. Approve a purchase from Equipment Controls Company, Inc. for for gas meters and transmitters, as an exclusive authorized distributor of Sensus products, for a Agenda Regular City Council Meeting June 03, 2024 Page 4 of 5 not-to-exceed amount of $622,000.00, approve the expenditure of funds therefor, and authorize the City Manager to execute any and all documents related to the purchases. These expenditures are included in the Fiscal Year 2023-2024 Budget. H. New Business 1. Discussion and possible action to schedule City Council Strategic Planning Workshop and Orientation. 2. Discussion and possible action to approve the proposed changes to the Board, Commission, and Committee Appointment Process. 3. Elect Officers for the 2024 Tomball Legacy Fund, Inc. Board of Directors as Required under Sec. 4.02, Bylaws 4. Presentation of the Tomball Economic Development Corporation (TEDC) 2023- 2024 Annual Report. 5. Approve the Tomball Economic Development Corporation (TEDC) 2024-2025 Strategic Work Plan. 6. Adopt, on First Reading, Ordinance 2024-17, an Ordinance of the City of Tomball, Texas amending its Code of Ordinances by amending Chapter 18-Environment, Article IV.-Noise, by deleting Section 18-192.-Maximum sound levels; providing for a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; providing for severability, making findings of fact; and providing for other related matters. 7. 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. 551.074 – Personnel Matters; Deliberation of the Appointment, Employment, and Duties of a Public Officer or Employee- Members of the Tomball Economic Development Corporation (TEDC) Board of Directors. I. Adjournment Agenda Regular City Council Meeting June 03, 2024 Page 5 of 5 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 30th day of May 2024 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 accommodation or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary’s office at (281) 290-1019 for further information.

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