Regular City Council Meeting

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, August 19, 2024 6:00 PM A. Mayor L. Klein-Quinn called the meeting of the City of Tomball Council to order at 6:01 p.m. PRESENT Mayor Lori Klein Quinn 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 - Tracy Garcia Fire Chief - Joe Sykora Human Resources Director - Kristi Lewis Public Works Director - Drew Huffman Director of Community Development - Craig Meyers Police Chief - Jeff Bert Director of Marketing & Tourism - Chrislord Templonuevo IT Director - Tom Wilson Assistant Fire Chief/Fire Marshal - Jeff Cook Records Specialist - Fae Morris Police Captain - Shon Davis Police Lieutenant-Investigations - Albert Chambers Police Sergeant - Courtnay White Project Manager - Meagan Mageo Community Center Manager - Jessica Morris  Minutes Regular City Council Meeting August 19, 2024 Page 2 of 9 B. Invocation - Led by Executive Pastor Tommy Roberson with Real Life Ministries C. Pledges to U.S. and Texas Flags led by Sam Shannon 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.] Elaine Hogan - Be SMART organization 9402 Oakheath Canyon Tomball, Texas 77375 Tana Ross - expressed wishes to be reappointed 30722 Country Meadows Dr. to Planning & Zoning board Tomball, TX 77375 Deborah Williams - recognized GFL and the good job - 1018 Hickory Post they have done Tomball, Texas Linda Reines - general concerns 516 Clayton Tomball, TX 77375 Jason Simms - issues on lack of code enforcement 518 Clayton St. Tomball, Texas 77375 Jerry Thomas - issues and concerns with the 209 N. Sycamore Sycamore Project Tomball, Texas 77375 Dale Nadou - issues and concerns with the N 205 N. Sycamore Sycamore Project Tomball, Texas 77375  Minutes Regular City Council Meeting August 19, 2024 Page 3 of 9 E. Presentations 1. Proclamation – 2024 Smart Week 2. Tomball Farmer's Market presented a check in the amount of $2,000.00 to Tomball Fire and Police Departments to support the Holiday Heroes program F. Reports and Announcements 1. Announcements I. Upcoming Events: 2024 Swim Season (Jerry Matheson Park Pool) END OF SEASON HOURS (Weekends only) 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. September 2 – 10:00 a.m. to 6:00 p.m. September 11, 2024 – 9/11 Remembrance 8:30 a.m. – 9:30 a.m. @ Depot September 12, 2024 – Mayor’s Kaffeeklatsch 8:30 a.m. – 10 a.m. @ Community Center September 14, 2024 – 2nd Saturday 5 p.m. – 9 p.m. @ Depot G. Approval of Minutes 1. Approve Minutes of August 5, 2024, Special and Regular City Council meetings. Motion made by Council 1 Ford, Seconded by Council 3 Dunagin. 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 August 19, 2024 Page 4 of 9 H. New Business 1. Consideration and discussion regarding appointment/reappointment to the Tomball Regional Health Foundation City Secretary, Tracylynn Garcia read aloud into record Christina Nash's statement to be considered for reappointment. Maggie Yacoubian - expressed her wishes to be 14123 Spring Pines Dr. considered for reappointed to TRHF Tomball, Texas 77375 Janna Hogland - expressed her wishes to serve on the TRHF 2. Appoint/Reappoint Board Member whose term expired on 5/31/2024 to the Tomball Economic Development Corporation Board of Directors. Motion made by Council 5 Parr, Seconded by Council 1 Ford to reappoint Brock Hendrickson Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 3. Appoint/Reappoint Board Member whose term expired on 5/31/2024 to the Tomball Economic Development Corporation Board of Directors. Motion made by Council 1 Ford, Seconded by Council 3 Dunagin to reappoint Bill Sumner. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 4. Appoint/Reappoint Board Member whose term expired on 5/31/2024 to the Tomball Economic Development Corporation Board of Directors. Motion made by Council 4 Covington, Seconded by Council 2 Garcia to appoint Latrell Shannon.  Minutes Regular City Council Meeting August 19, 2024 Page 5 of 9 Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 5. Appoint/Reappoint Board Member whose term expired on 5/31/2024 to the Tomball Economic Development Corporation Board of Directors. Motion made by Council 3 Dunagin, Seconded by Council 1 Ford to appoint Danny Hudson. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 6. Approve the Tomball Economic Development Corporation (TEDC) Fiscal Year 2024-2025 Budget. Motion made by Council 5 Parr, Seconded by Council 1 Ford to accept FY 2024- 2025 TEDC budget Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 7. Appoint/Reappoint member to Position Regular 1, whose term expired 6/1/2024, to the Planning and Zoning Commission. Motion made by Council 3 Dunagin, Seconded by Council 1 Ford to appoint Colleen Pye. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 8. Appoint/Reappoint member to Position Regular 2, whose term expired 6/1/2023, to the Planning and Zoning Commission.  Minutes Regular City Council Meeting August 19, 2024 Page 6 of 9 Motion made by Council 1 Ford, Seconded by Council 5 Parr to reappoint Susan Harris. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 9. Appoint/Reappoint member to Position Regular 3, whose term expired 6/1/2024, to the Planning and Zoning Commission. Motion made by Council 3 Dunagin, Seconded by Council 1 Ford to reappoint Scott Moore, Jr. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 10. Appoint/Reappoint member to Position Regular 5, whose term expired 6/1/2023, to the Planning and Zoning Commission. Motion made by Council 4 Covington, Seconded by Council 2 Garcia to reappoint Tana Ross. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 11. Approve a Professional Services Agreement with Ardurra for the 16-inch water line along Tomball Parkway, Project Number 2024-10010, for a not-to-exceed amount of $448,420.00, authorize the expenditure of funds therefor, and authorize the City Manager to execute the agreement. This amount is to be reimbursed by the developer of the Grand Parkway Town Center and will be included in the budget as a Capital Improvement Project for fiscal year 2023-2024. Motion made by Council 1 Ford, Seconded by Council 3 Dunagin. 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 August 19, 2024 Page 7 of 9 12. Approval to reject the bid received for Bid Number 2024-11, Baker Drive Water Plant (Project No. 2023-10019), and rebid the project. The project is included in the FY 2023-2024 Capital Improvement Project budget. Motion made by Council 5 Parr, Seconded by Council 4 Covington. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 13. Approve a service agreement with Canon Financial Services for lease and support of the citywide copiers through a Department of Information Resources (DIR) Contract (Contract No. DIR-CPO-4437) for a total contract amount of $275,000 for a total of five years beginning August 6, 2024 and expiring August 5, 2029, for an annual not-to-exceed amount of $55,000.00, authorize the expenditure of funds therefor, and authorize the City Manager to execute any and all documents related to the expenditure. This amount is included in the FY 2023-2024 budget and will be included in annual budget request during the term of the contract. Motion made by Council 2 Garcia, Seconded by Council 4 Covington. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 14. Conduct a public hearing and consideration to approve Zoning Case Z24-010: Request by TYKHE LLC, represented by JLS Real Estate, to amend Chapter 50 (Zoning) of the Tomball Code of Ordinances, by rezoning approximately 6.500 acres of land legally described as portions of Lot 187 & Tracts 188, 191A, and 192A of Tomball Outlots within the Jesse Pruitt Survey, Abstract 629 from Commercial (C) to Light Industrial (LI). The property is located at 1730 South Cherry Street, within the City of Tomball, Harris County, Texas. Adopt, on First Reading, Ordinance No. 2024-23, 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 6.500 acres of land legally described as portions of Lot 187 & Tracts 188, 191A, and  Minutes Regular City Council Meeting August 19, 2024 Page 8 of 9 192A of Tomball Outlots within the Jesse Pruitt Survey, Abstract 629 from the Commercial (C) District to the Light Industrial (LI) District. The property is located at 1730 South Cherry Street, within the City of Tomball, Harris County, Texas; 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 opened the Public Hearing at 7:08 p.m. Applicant Josh Lass-Sughrue with JLS Real Estate addressed Council on his development plans for the property as a potential buyer  Hearing no further comments the Mayor closed the Public Hearing at 7:10 p.m. Motion made by Council 3 Dunagin, Seconded by Council 1 Ford. Voting Yea: Council 1 Ford, Council 5 Parr Voting Nay: Council 2 Garcia, Council 3 Dunagin, Council 4 Covington Motion failed 2 votes Yea, 3 votes Nay. 15. Approve amendments to Administrative Policy No. 7, Credit Cards Acceptance Policy Motion made by Council 4 Covington, Seconded by Council 3 Dunagin. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 16. Approve Resolution No. 2024-28, a Resolution of the City of Tomball, Texas, approving the Master Fee Schedule for Fiscal Year 2024-2025. Motion made by Council 5 Parr, Seconded by Council 2 Garcia 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 August 19, 2024 Page 9 of 9 17. 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. 551.074 – Personnel Matters; Deliberation of the Appointment, Employment, and Duties of a Public Officer or Employee-Director of Finance Executive Session started: 7:45 p.m. Executive Session ended: 8:10 p.m. 18. Confirm the appointment by the City Manager, of the Finance Director, effective August 19, 2024. Motion made by Council 5 Parr, Seconded by Council 3 Dunagin. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. I. Adjournment Motion made by Council 1 Ford, Seconded by Council 4 Covington. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. PASSED AND APPROVED this 3rd day of September 2024. Tracylynn Garcia Lori Klein Quinn Tracylynn Garcia Lori Klein Quinn City Secretary, TRMC, CMC, CPM Mayor