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Regular Council Meeting

Regular Meeting

Tomball, TX · August 2, 2021

AgendaPacketMinutes

Minutes

MINUTES OF REGULAR COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, August 2, 2021 6:00 PM The City Council of the City of Tomball, Texas, conducted the meeting scheduled for August 2, 2021, 6:00 PM, at 401 Market Street, Tomball, Texas 77375, via video/telephone conference. A. Mayor Fagan called the meeting of the Tomball City Council to order at 6:07 p.m. PRESENT: Mayor Gretchen Fagan Council 1 John Ford Council 2 Mark Stoll Council 3 Chad Degges Council 4 Derek Townsend, Sr. (video) ABSENT: Council 5 Lori Klein Quinn - Excused OTHERS PRESENT: City Manager – David Esquivel Interim Assistant City Manager/Police Chief – Jeff Bert City Secretary – Doris Speer City Attorney – Loren B. Smith Director of Public Works – Beth Jones Marketing Director – Mike Baxter Finance Director – Glenn Windsor Asst. Fire Chief/Fire Marshal – Joe Sykora City Planner – Amelia Lindley Assistant City Secretary – Tracy Garcia CSO Administrative Assistant – Johnita Robinson Police Lieutenant-Support Services – Brandon Patin Utilities Superintendent – Will Goff Court Administrator – Maria Morris Customer Service Manager-UB – Lauren Sykora B. Invocation – Led by Pastor Kevin Barra, Bayou City Fellowship Minutes Regular Council Meeting August 2, 2021 Page 2 of 6 C. Pledges to U.S. and Texas Flags – Led by Randy Parr D. No public comments were received. E. Presentations 1. Presentation was given by Tomball Regional Health Foundation regarding TRHF’s accomplishments to date. F. Reports and Announcements 1. Announcements I. Tomball City Pool – 2021 Swim Season - Jerry Matheson Park Pool will be operate with normal hours through August 15. The pool will be open on Saturday and Sunday only on the weekends of August 21-22, August 28-29, and September 4-5. The pool will be closed every Monday during swim season 2021, except Labor Day (September 6). Normal pool hours are: Tuesday – Friday: 10 a.m.-6 p.m. and Saturday & Sunday: 12 p.m.-8 p.m. II. August 6, 2021 – 49th Annual Tomball Night, Parade of Lights, and Health & Wellness Expo III. August 16, 2021 and September 7, 2021 - Public Hearings for the Purpose of Adopting the City of Tomball’s Budget for Fiscal Year 2021-2022 IV. August 14, 2021 – 2nd Saturday at the Depot V. September 18, 2021 – GroovFest 2021 – 11:00 a.m.-6:00 p.m., at the Depot 2. Reports by City staff and members of council about items of community interest on which no action will be taken: G. Approval of Minutes 1. Motion made by Council 2 Stoll, Seconded by Council 3 Degges, to approve the Minutes of the July 19, 2021 Special Tomball City Council Meeting and the July 19, 2021 Regular Tomball City Council Meeting. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr. Absent: Council 5 Klein Quinn Motion carried unanimously. Minutes Regular Council Meeting August 2, 2021 Page 3 of 6 H. Old Business 1. Motion made by Council 2 Stoll, Seconded by Council 1 Ford, to adopt, on Second Reading, Ordinance No. 2021-24, 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 4.00 acres of land legally described as TRS 284D 284E & 286 Tomball Outlots, from the Single- Family 20 Estate District to the Light Industrial District, said property being generally located at the northwest corner of Agg Road and Persimmon 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. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr. Absent: Council 5 Klein Quinn Motion carried unanimously. 2. Motion made by Council 2 Stoll, Seconded by Council 1 Ford, to adopt, on Second Reading, Ordinance No. 2021-26, 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 3.78 acres of land legally described as Lot 1 Block 1 Tennis Venture Tract, from the Agricultural District to the General Retail District, said property being generally located on the north side of East Hufsmith Road, between Peach Street and Hospital Street, at 343 East 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. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr. Absent: Council 5 Klein Quinn Motion carried unanimously. 3. Motion made by Council 2 Stoll, Seconded by Council 1 Ford, to adopt, on Second Reading, Ordinance No. 2021-27, an ordinance of the City of Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of Ordinances by Minutes Regular Council Meeting August 2, 2021 Page 4 of 6 granting a Conditional Use Permit (CUP) to Clinton Hankla to operate an “Office showroom / warehouse” facility at 343 East Hufsmith Road; said property being approximately 3.78 acres of land legally described as Lot 1 Block 1 Tennis Venture Tract, within the City of Tomball, Harris County, Texas, generally located on the north side of East Hufsmith Road, between Peach Street and Hospital Street, and is zoned General Retail use district; providing requirements and conditions for this CUP; containing findings and other provisions relating to the subject; providing a penalty in an amount not to exceed $2,000 for violations hereof; and providing for severability. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr. Absent: Council 5 Klein Quinn Motion carried unanimously. I. 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. Appoint/Reappoint Members to the Tomball Regional Health Foundation Board of Directors for Terms Expiring September 1, 2021 2. Reappoint three Associate/Alternate Judges to the Municipal Court for terms of office, which begin August 3, 2021, and ends on August 2, 2023. 3. Reappoint Associate/Alternate Prosecutor, Erik Berglund, to the Municipal Court for a term of office which begins August 3, 2021 and ends on August 2, 2023. Motion made by Council 1 Ford, Seconded by Council 3 Degges, to approve the appointments as presented in the Consent Agenda. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr. Absent: Council 5 Klein Quinn Motion carried unanimously. Latrell Shannon and Jim Ross are reappointed to the Tomball Regional Health Foundation Board of Directors, for terms expiring September 1, 2023. Minutes Regular Council Meeting August 2, 2021 Page 5 of 6 Cindy Bennett-Smith, Blair Bruce, and Michael Tiffin are reappointed as Associate/Alternate Judges to the Municipal Court, for terms expiring August 2, 2023. Erik Berglund is reappointed as Associate/Alternate Prosecutor to the Municipal Court, for term expiring August 2, 2023. J. New Business 1. Motion made by Council 3 Degges, Seconded by Council 2 Stoll, to approve the annual Consumer Price Index (CPI) and Fuel Index adjustment from GFL (formally WCA Waste Corporation) of 3.77%, effective October 1, 2021. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr. Absent: Council 5 Klein Quinn Motion carried unanimously. 2. Motion made by Council 2 Stoll, Seconded by Council 3 Degges, to authorize the City Manager to execute the grant application to State Energy Conservation Office (SECO) for the Local and County Government Lighting Conversion to LED. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr. Absent: Council 5 Klein Quinn Motion carried unanimously. 3. Executive Session: The City Council recessed at 6:32 p.m. in Executive Session as Authorized by Title 5, Chapter 551, Government Code, the Texas Open Meetings Act, for the Following Purpose(s): ᵒ Sec. 551.071 – Consultation with the City Attorney regarding a matter which the Attorney’s duty requires to be discussed in closed session ᵒ Sec. 551. 074 – Personnel Matters: Deliberation of the Appointment, Employment, and Duties of a Public Officer or Employee – Interim Fire Chief Upon reconvening at 7:07 p.m., the following action was taken: Minutes Regular Council Meeting August 2, 2021 Page 6 of 6 4. Motion made by Council 3 Degges, Seconded by Council 2 Stoll, to confirm Joe Sykora as Interim Fire Chief. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr. Absent: Council 5 Klein Quinn Motion carried unanimously. K. Motion made by Council 2 Stoll, Seconded by Council 1 Ford, to adjourn. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr. Absent: Council 5 Klein Quinn Motion carried unanimously. Meeting adjourned at 7:10 p.m. PASSED AND APPROVED this the 16th day of August 2021. Doris Speer Gretchen Fagan Doris Speer Gretchen Fagan City Secretary, TRMC, MMC Mayor

Agenda

NOTICE OF REGULAR COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, August 2, 2021 6:00 PM Notice is hereby given of a Regular meeting of the Tomball City Council, to be held on Monday, August 2, 2021 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. IN ACCORDANCE WITH ORDER OF THE OFFICE OF THE GOVERNOR ISSUED MARCH 16, 2020, THE CITY COUNCIL OF THE CITY OF TOMBALL, TEXAS, WILL CONDUCT THE MEETING SCHEDULED FOR AUGUST 2, 2021, 6:00 PM, AT 401 MARKET STREET, TOMBALL, TEXAS, 77375. IN ORDER TO ADVANCE THE PUBLIC HEALTH GOAL OF LIMITING FACE-TO-FACE MEETINGS (ALSO CALLED “SOCIAL DISTANCING”) TO SLOW THE SPREAD OF THE CORONAVIRUS (COVID-19), THERE WILL BE LIMITED PUBLIC ACCESS TO THE LOCATION DESCRIBED ABOVE. THIS MEETING AGENDA AND THE AGENDA PACKET ARE POSTED ONLINE AT: HTTPS://TOMBALLTX.GOV/ARCHIVE.ASPX?AMID=38; A RECORDING OF THE MEETING WILL BE MADE AND WILL BE AVAILABLE TO THE PUBLIC IN ACCORDANCE WITH THE OPEN MEETINGS ACT UPON WRITTEN REQUEST. 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: 833 0914 0045, Passcode: 957845. 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 Kevin Barra, Bayou City Fellowship C. Pledges to U.S. and Texas Flags Agenda Regular Council Meeting August 2, 2021 Page 2 of 4 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. Presentation by Tomball Regional Health Foundation F. Reports and Announcements 1. Announcements I. Tomball City Pool – 2021 Swim Season - Jerry Matheson Park Pool will be operate with normal hours through August 15. The pool will be open on Saturday and Sunday only on the weekends of August 21-22, August 28-29, and September 4-5. The pool will be closed every Monday during swim season 2021, except Labor Day (September 6). Normal pool hours are: Tuesday – Friday: 10 a.m.-6 p.m. and Saturday & Sunday: 12 p.m.-8 p.m. II. August 6, 2021 – 49th Annual Tomball Night, Parade of Lights, and Health & Wellness Expo III. August 16, 2021 and September 7, 2021 - Public Hearings for the Purpose of Adopting the City of Tomball’s Budget for Fiscal Year 2021-2022 IV. August 14, 2021 – 2nd Saturday at the Depot V. September 18, 2021 – GroovFest 2021 – 11:00 a.m.-6:00 p.m., at the Depot 2. Reports by City staff and members of council about items of community interest on which no action will be taken: G. Approval of Minutes 1. Approve the Minutes of the July 19, 2021 Special Tomball City Council Meeting and the July 19, 2021 Regular Tomball City Council Meeting H. Old Business 1. Adopt, on Second Reading, Ordinance No. 2021-24, 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 4.00 Agenda Regular Council Meeting August 2, 2021 Page 3 of 4 acres of land legally described as TRS 284D 284E & 286 Tomball Outlots, from the Single-Family 20 Estate District to the Light Industrial District, said property being generally located at the northwest corner of Agg Road and Persimmon 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. 2. Adopt, on Second Reading, Ordinance No. 2021-26, 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 3.78 acres of land legally described as Lot 1 Block 1 Tennis Venture Tract, from the Agricultural District to the General Retail District, said property being generally located on the north side of East Hufsmith Road, between Peach Street and Hospital Street, at 343 East 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. 3. Adopt, on Second Reading, Ordinance No. 2021-27, an ordinance of the City of Tomball, Texas, amending Chapter 50 (Zoning) of the Tomball Code of Ordinances by granting a Conditional Use Permit (CUP) to Clinton Hankla to operate an “Office showroom / warehouse” facility at 343 East Hufsmith Road; said property being approximately 3.78 acres of land legally described as Lot 1 Block 1 Tennis Venture Tract, within the City of Tomball, Harris County, Texas, generally located on the north side of East Hufsmith Road, between Peach Street and Hospital Street, and is zoned General Retail use district; providing requirements and conditions for this CUP; containing findings and other provisions relating to the subject; providing a penalty in an amount not to exceed $2,000 for violations hereof; and providing for severability. I. 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. Appoint/Reappoint Members to the Tomball Regional Health Foundation Board of Directors for Terms Expiring September 1, 2021 2. Reappoint three Associate/Alternate Judges to the Municipal Court for terms of office which begin August 3, 2021 and ends on August 2, 2023. Agenda Regular Council Meeting August 2, 2021 Page 4 of 4 3. Reappoint Associate/Alternate Prosecutor, Erik Berglund, to the Municipal Court for a term of office which begins August 3, 2021 and ends on August 2, 2023. J. New Business 1. Approve annual Consumer Price Index (CPI) and Fuel Index adjustment from GFL (formally WCA Waste Corporation) of 3.77%, effective October 1, 2021. 2. Authorize City Manager to execute grant application to State Energy Conservation Office (SECO) for the Local and County Government Lighting Conversion to LED 3. 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): ᵒ Sec. 551.071 – Consultation with the City Attorney regarding a matter which the Attorney’s duty requires to be discussed in closed session ᵒ Sec. 551. 074 – Personnel Matters: Deliberation of the Appointment, Employment, and Duties of a Public Officer or Employee – Interim Fire Chief 4. Confirm an Interim Fire Chief K. 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 29th day of July, 2021 by 5:00 PM, and remained posted for at least 72 continuous hours preceding the scheduled time of said meeting. Doris Speer, City Secretary, TRMC, MMC This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary’s office at (281) 290-1002 or FAX (281) 351-6256 for further information. AGENDAS MAY BE VIEWED ONLINE AT www.ci.tomball.tx.us.

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