Regular City Council Meeting

NOTICE OF REGULAR CITY COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, February 03, 2025 6:00 PM Notice is hereby given of a Regular meeting of the Tomball City Council, to be held on Monday, February 03, 2025 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: 899 7455 2663 Passcode: 531007 . 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 Senior Pastor, David Hinkle, Tomball Bible 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. Presentations 1. Proclamation - “Tidy Up Tomball Day: A Celebration of Environmental Stewardship and Community Impact” F. Reports and Announcements 1. Announcements  Agenda Regular City Council Meeting February 03, 2025 Page 2 of 6 I. Upcoming Events:  February 13, 2025 – Kaffeeklatsch from 8:30 a.m. to 10:00 a.m. @ Tomball Community Center Room  February 25, 2025 – Sam Houston Trail Riders Annual Reception from noon to 2 p.m. @ Tomball Depot Plaza  March 8, 2025 – 2nd Saturday at the Depot from 5-9 p.m. @ Tomball Depot Plaza 2. Reports by City staff and members of council about items of community interest on which no action will be taken: I. Quarterly Financial Report for period ending December 31, 2024 II. Quarterly Investment Report for the period ending December 31, 2024. The Public Funds Investment Act requires that a report on the City’s cash and investments be presented to the City Council on a quarterly basis. 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 Minutes of January 20, 2025, Special and Regular City Council meetings. 2. Approve Resolution No. 2025-03, a Resolution and Order of the City Council of the City of Tomball, Texas, Ordering a Regular City Officer's Election, to be Held in the City of Tomball on Saturday, May 3, 2025; Designating the Polling Places and Appointing Election Officials for Such Election; Directing the Giving of Notice of Such Election; Designating the Date for a Runoff Election if Needed; and Providing Details Relating to the Holding of Such Election Aprobar la Resolución Nro. 2025-03, una Resolución y Orden del Consejo Municipal de la Ciudad de Tomball Texas, Ordenando una Elección Regular de Funcionarios Municipales a Celebrarse el sábado 3 de mayo de 2025; Designando los Lugares de Votación y Nombrando a los Oficiales Electorales de tal Elección; Instruyendo que se Notifique Sobre esta Elección; Designando la Fecha de una Elección de Desempate de ser Necesaria; y Proporcionando Detalles Referentes a la Celebración de Tal Elección.  Agenda Regular City Council Meeting February 03, 2025 Page 3 of 6 第2025-03 號決議案 TEXAS州TOMBALL市市議會決議案及命令之內容包括：於2025年5月3日 （週六）在TOMBALL市舉行市政官員常規選舉；為上述選舉指定投票所並任命選舉官員；就 發出本選舉之通知作出指示；指定決選舉行日期（如果需要舉行決選）；以及就本選舉之舉行事 宜作出具體規定。 NGHỊ QUYẾT SỐ 2025-03 NGHỊ QUYẾT VÀ LỆNH CỦA HỘI ĐỒNG THÀNH PHỐ TOMBALL, TEXAS, RA LỆNH TỔ CHỨC MỘT CUỘC BẦU CỬ VIÊN CHỨC THÀNH PHỐ THƯỜNG LỆ, ĐƯỢC TỔ CHỨC TẠI THÀNH PHỐ TOMBALL VÀO THỨ BẢY, NGÀY 3 THÁNG 5 NĂM 2025; ẤN ĐỊNH CÁC ĐỊA ĐIỂM BỎ PHIẾU VÀ BỔ NHIỆM CÁC VIÊN CHỨC PHỤ TRÁCH BẦU CỬ CHO CUỘC BẦU CỬ; CHỈ THỊ VIỆC THÔNG BÁO VỀ CUỘC BẦU CỬ; ẤN ĐỊNH NGÀY BẦU CỬ QUYẾT ĐỊNH CHUNG CUỘC NẾU CẦN THIẾT; VÀ CUNG CẤP THÔNG TIN CHI TIẾT LIÊN QUAN ĐẾN VIỆC TỔ CHỨC CUỘC BẦU CỬ ĐÓ 3. Approve Request from Tidy Up Tomball for City Support and In-Kind Services for the Tidy Up Tomball event in downtown Tomball and nearby areas, on Saturday, April 12, 2025, from 8:00 - 11:30 a.m. 4. Approve Resolution No.2025-04 Authorizing the Application of a Grant, if awarded, from the office of the Governor, Public Safety Office, Criminal Justice Division, for funding assistance through the FY 2026 State and Local Cybersecurity Grant Program (SLCGP) – Mitigation projects and authorizing execution of documents relative to the submission and acceptance of such grant. 5. Approve a Professional Services Agreement with Westwood Professional Services, Inc. for conceptual design services for wayfinding signs, for a not-to- exceed amount of $32,000.00, 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 Fiscal Year 2024-2025 Budget. 6. Approve a Professional Services Agreement with Freese & Nichols, Inc. for construction phase services for the South Wastewater Treatment Plant Expansion, Project Number 2023-10003, for a not-to-exceed amount of $4,764,500, 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 Fiscal Year 2024-2025 Capital Improvement Project Budget. 7. Approve a services agreement renewal with North Water District Laboratory Services, Inc. for wastewater sampling and laboratory services for a total not-to- exceed amount of $75,000, 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 Fiscal Year 2024-2025 Budget.  Agenda Regular City Council Meeting February 03, 2025 Page 4 of 6 8. Approve a Professional Services Agreement with PLW Waterworks, LLC for construction phase services of the first work package for the South Wastewater Treatment Plant Expansion (GMP 1) for a not-to-exceed amount of $9,304,330.21, 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 Fiscal Year 2024-2025 Capital Improvement Project Budget. 9. Approve a Service Agreement renewal with Sprint Waste of Texas, LP DBA GFL Environmental for sludge hauling and disposal for Fiscal Year 2025, for a not-to- exceed amount of $145,000 (Bid No. 2024-06), approve the expenditure of funds therefor, and authorize the City Manager to execute any and all documents related to the purchases. This expenditure is included in the Fiscal Year 2024-2025 Budget. 10. Adopt, on First and Only Reading, Ordinance No. 2025-04, an Ordinance Approving and Authorizing the Issuance and Sale of the City of Tomball Special Assessment Revenue Bonds, (Raburn Reserve Public Improvement District Improvement Area #3); Approving and Authorizing an Indenture of Trust and First other Agreements and Documents in Connection Therewith; Making Findings with to the Issuance of Such Bonds; and Providing an Effective Date. H. New Business 1. Discussion and possible action to approve the Tomball Police Department Annual Data Capture Report – 2024 and authorize the posting of the information as required by Senate Bill 1074. 2. Receive a presentation from Perdue Brandon Fielder Collins & Mott regarding the City of Tomball’s property tax and municipal court fines and fees collections and hold a discussion. 3. Conduct a public hearing and consideration to approve Conditional Use Permit Case CUP25-01: Request by Mike Matheson, for a Conditional Use Permit to allow the land use of “Child day care center (business)” within the City of Tomball’s Office (O) zoning district. This request affects approximately 1.0402 acres of land legally described as being Lot 72, Block 1 of Acquest Tomball Replat No. 1. The property is located at 1211 Rudel Drive, within the City of Tomball, Harris County, Texas. Adopt, on First Reading, Ordinance No. 2025-01, an Ordinance of the City of Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of Ordinances  Agenda Regular City Council Meeting February 03, 2025 Page 5 of 6 by granting a Conditional Use Permit (CUP) to allow the land use of “Child day care center (business)” within the City of Tomball’s Office (O) zoning district. This request affects approximately 1.0402 acres of land legally described as being Lot 72, Block 1 of Acquest Tomball Replat No. 1. The property is located at 1211 Rudel Drive, within the City of Tomball, Harris County, Texas; providing for 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. Conduct a public hearing and consideration to approve Zoning Case Z25-01: Request by Kitchens Real Estate Family Partnership LTD., represented by J. Edwards Concrete & Construction LLC, to amend Chapter 50 (Zoning) of the Tomball Code of Ordinances, by rezoning approximately 1.2618 acres of land legally described as being all of the 1.2035 and 0.0740 acre tracts (2L and 2Y) out of a called 160 acre tract, located in the C.N. Pillot Survey, Abstract No.632 from Agricultural (AG) to the Commercial (C) zoning district. The property is located at 27223 SH 249, within the City of Tomball, Harris County, Texas. Adopt, on First Reading, Ordinance No. 2025-02, 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 1.2618 acres of land legally described as being all of the 1.2035 and 0.0740 acre tracts (2L and 2Y) out of a called 160 acre tract, located in the C.N. Pillot Survey, Abstract No. 632 from Agricultural (AG) to the Commercial (C) zoning district. The property is located at 27223 SH 249, 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. 5. Consider abandonment of a City of Tomball unimproved right-of-way and adopt, on First Reading, Ordinance No. 2025-03, an Ordinance of the City of Tomball, Texas, finding and determining that public convenience and necessity no longer require the continued existence of an unimproved right-of-way containing 0.1032 acres out of Cody Drive recorded in Clerk’s File No. B394990, Film Code No. 058- 15-0196 and in Volume 8002, Page 199 in the Deed Records of Harris County in the Joseph House Survey, Abstract 34 in Harris County, Texas; vacating, abandoning, and closing said portion of such unimproved right-of-way; authorizing the City Manager to execute and the City Secretary to attest a quitclaim deed quitclaiming the city’s interest in said unimproved right-of-way; and containing other provisions relating to the subject. 6. 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):  Agenda Regular City Council Meeting February 03, 2025 Page 6 of 6  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, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee- City Attorney  Sec 551.076 – Deliberation Regarding Security Devices 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 31st day of January 2025 by 6:00 PM, and remained posted for at least 72 continuous hours preceding the scheduled time of said meeting. _______________________________ Tracylynn Garcia, TRMC, MMC, 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.