Regular City Council Meeting

MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS Tuesday, September 03, 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 - Kristie Lewis Public Works Director - Drew Huffman Director of Community Development - Craig Meyers Director of Marketing & Tourism - Chrislord Templonuevo IT Director - Tom Wilson Finance Director - Bragg Farmer Assistant Fire Chief/Fire Marshal - Jeff Cook Police Captain - Shon Davis Project Manager - Meagan Mageo Court Administrator - Maria Morris Budget Analyst - Hannah Brown TEDC Director - Kelly Violette Economic Development Coordinator - Tori Gleason  Minutes Regular City Council Meeting September 03, 2024 Page 2 of 10 B. Invocation - Led by Pastor Abraham Jasso with La Hermosa Church C. Pledges to U.S. and Texas Flags led by Jeffrey Klein, Chief Executive Officer, Tomball Regional Health Foundation 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.] No public comments received. E. Reports and Announcements 1. Announcements I. Upcoming Events: • 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 2. Reports by City staff and members of council about items of community interest on which no action will be taken: I. Jessica Rogers presented the Quarterly Investment Report for Period Ending June 30, 2024. The Public Funds Investment Act requires that a report of the City’s cash and investments be presented to City Council on a quarterly basis.  Minutes Regular City Council Meeting September 03, 2024 Page 3 of 10 F. 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.] 2. Approve Resolution No. 2024-31, a Resolution of the City of Tomball, Texas, Adopting and Ratifying the City of Tomball’s Investment Policy, as set forth in the City’s Administrative Policy No. 13, entitled “Investment Policy” 3. Approve an agreement with Elite Utility Services, Inc. for Project Number 2019- 10034, Cherry Street Gas Main, for a not-to-exceed amount of $448,840.55 (Bid No. 2024-10), approve the expenditure of funds therefor, and authorize the City Manager to execute any and all documents related to the purchase. These expenditures are included in the fiscal year 2023-2024 capital improvement budget 4. Approve a contract with Hayden Paving, Inc. to complete pavement repairs and striping for Hicks Road, Baker Drive, Theis Lane/Business 249, and Pecan Street, through a BuyBoard Contract (Contract No. 700-23) for a not-to-exceed amount of $137,927.00, 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 2023-2024 Budget. 5. Approve annual purchases exceeding $50,000 in accordance with the Purchasing and Bidding Policy from Uline, Inc., through a U.S. General Services Administration (GSA) Contract (Contract MAS No. 332510C) for a not-to-exceed amount of $70,000. These expenditures are included in the Fiscal Year 2023-2024 Budget. Motion made by Council 1 Ford, Seconded by Council 5 Parr for New Business Consent Agenda items 2-5. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 1. Approve Minutes of August 19, 2024, Special and Regular City Council meetings.  Minutes Regular City Council Meeting September 03, 2024 Page 4 of 10 Motion made by Council 1 Ford, Seconded by Council 2 Garcia to include the changes stated by City Secretary Tracy Garcia. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. G. New Business 1. Consider an application for an Indoor & Outdoor Special Events Fireworks Display by Roar Over Texas to occur on October 5, 2024 at Boxwood Manor located at 945 E Hufsmith Road. Motion made by Council 1 Ford, Seconded by Council 5 Parr. Oscar Lopez (Applicant) - Spoke regarding request Roar over Texas 9734 Tucker Cypress Dr. Houston, Texas 77095 Motion to amend original motion to approve application made by Council 1 Ford for outdoor fireworks only, no display if winds are 15 mph or greater or drought conditions made by Council 1 Ford. Voting Yea: Council 1 Ford, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Voting Nay: Council 2 Garcia Motion carries 4 votes yea, 1 vote nay to accept the amended motion. Motion made by Council 1 Ford, Seconded by Council 5 Parr on the amended motion. Voting Yea: Council 1 Ford, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Voting Nay: Council 2 Garcia Motion carries 4 votes yea, 1 vote nay. 2. Conduct Public Hearing and Adopt, on First Reading, Ordinance No. 2024-28, an Ordinance of the City Council of the City of Tomball, Texas, Adopting the Budget for the City of Tomball, Texas, for Fiscal Year 2024-2025; and  Minutes Regular City Council Meeting September 03, 2024 Page 5 of 10 Authorizing the City Manager to Approve Intra-Departmental (Within the Same Department Only) Transfers of Budgeted Funds; and Amending the Budget for the 2023-2024 Fiscal Year in Accordance with Actual Expenditures; and Providing Other Details Relating to the Passage of This Ordinance  Mayor opened the Public Hearing at 6:33 p.m. Tammy Rhemann - Support Group for women 525 School St. Apt. 202 Tomball, Texas Greg Smith - Road repair 525 School St. Apt. 302 Tomball, Texas Tammy Rhemann - More law enforcement during school hours 525 School St. Apt. 202 Tomball, Texas  Mayor closed the Public Hearing at 6:37 p.m. 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. 3. Appoint member to Position 1, whose term expired on 9/1/2024, to the Tomball Regional Health Foundation. Motion made by Council 1 Ford, Seconded by Council 3 Dunagin. Motion to amend original motion to appoint Lori Wilson to Position 1. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously to accept the amended motion. Motion made by Council 1 Ford, Seconded by Council 3 Dunagin on the amended motion.  Minutes Regular City Council Meeting September 03, 2024 Page 6 of 10 Voting Yea: Council 1 Ford, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Voting Nay: Council 2 Garcia Motion carries 4 votes yea, 1 vote nay. 4. Appoint member to Position 5, whose term expired on 9/1/2024, to the Tomball Regional Health Foundation. Motion made by Council 4 Covington, Seconded by Council 5 Parr to appoint Jana Hogland. Voting Yea: Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Voting Nay: Council 1 Ford Motion carries 4 votes yea, 1 vote nay. 5. Appoint member to Position 3, whose term expired on 9/1/2024, to the Tomball Regional Health Foundation. Motion made by Council 5 Parr, Seconded by Council 1 Ford to appoint Margarette Yacoubian. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carries unanimously. 6. Discussion and possible action regarding the appointment and/or removal of current Planning and Zoning Commission Members No action taken 7. Discussion and possible action regarding the appointment and/or replacement of current Tomball Economic Development Corporation Board Members Motion made by Council 2 Garcia, Seconded by Council 4 Covington to remove Chad Degges and replace with Lisa Covington to the TEDC Board Voting Yea: Council 2 Garcia, Council 4 Covington, Council 5 Parr  Minutes Regular City Council Meeting September 03, 2024 Page 7 of 10 Voting Nay: Council 1 Ford, Council 3 Dunagin Motion carries 3 votes yea, 2 votes nay. 8. Discussion and possible action regarding the appointment and/or replacement of current city appointed Tomball Regional Health Foundation Board Members Motion made by Council 4 Covington, Seconded by Council 2 Garcia to remove Jim Ross and replace with Christina Nash. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 9. Approve, on First Reading, Resolution No. 2024-29-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 RSC Riverside Construction, 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 construction of a multibuilding office/warehouse park to be located at 0 Holderrieth Road, Tomball, Texas 77375. The estimated amount of expenditures for such Project is an amount not to exceed $101,870.00. Motion made by Council 4 Covington, 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. 10. Approve, on First Reading, Resolution No. 2024-30-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 Red Grip, 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 construction of a commercial office/retail development to be located at 1211 Rudel Road, Tomball, Texas 77375. The estimated amount of expenditures for such Project is an amount not to exceed $15,195.00.  Minutes Regular City Council Meeting September 03, 2024 Page 8 of 10 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. 11. Consideration and possible action to approve, as a Project of the Tomball Economic Development Corporation, an agreement with Walsh Alliance, LLC dba Walsh & Albert Company, Ltd., to make direct incentives to, or expenditures for, the creation or retention of primary jobs associated with the development of its corporate headquarters to be located at 2401 S Persimmon Street, Tomball, Texas 77375. The estimated amount of expenditures for such Project is and amount not to exceed $165,000.00. Motion made by Council 4 Covington, Seconded by Council 1 Ford. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 12. Consideration and possible action to approve, as a Project of the Tomball Economic Development Corporation, an agreement with Metal Zinc Manufacturing, LLC, to make direct incentives to, or expenditures for, the creation or retention of primary jobs associated with the development of its corporate headquarters to be located at 2401 S Persimmon Street, Tomball, Texas 77375. The estimated amount of expenditures for such Project is and amount not to exceed $80,000.00. Motion made by Council 1 Ford, 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. 13. Consideration and possible action regarding changes to the Business Improvement Grant Program and Old Town Façade Improvement Grant Program Guidelines and Criteria. Motion made by Council 3 Dunagin, Seconded by Council 1 Ford. Motion made by Council 3 Dunagin to amend original motion to include changes to Section 4 E&G and Section 5 paragraph F  Minutes Regular City Council Meeting September 03, 2024 Page 9 of 10 Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously to accept the amended motion. Motion made by Council 3 Dunagin, Seconded by Council 1 Ford on the amended motion. Voting Yea: Council 1 Ford, Council 2 Garcia, Council 3 Dunagin, Council 4 Covington, Council 5 Parr Motion carried unanimously. 14. 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 Special Projects  Executive Session Started: 8:01 PM  Executive Session Ended: 8:28 PM 15. Confirm appointment by the City Manager, of the Director of Special Projects, September 16, 2024, Luisa Taylor. 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. H. Adjournment Motion made by Council 4 Covington, Seconded by Council 1 Ford. 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 September 03, 2024 Page 10 of 10 PASSED AND APPROVED this 16th day of September 2024. Tracylynn Garcia John Ford, Chair Tracylynn Garcia Lori Klein Quinn City Secretary, TRMC, MMC, CPM Mayor