Regular Council Meeting

Name: Regular Council Meeting — Tomball, TX
Start: 2021-10-18T18:00:00
End: 2021-10-18T20:00:00
Location: Tomball, TX

Regular Meeting

Tomball, TX · October 18, 2021

Agenda Packet Minutes

Minutes

MINUTES OF REGULAR COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, October 18, 2021 6:00 PM The City Council of the City of Tomball, Texas, conducted the meeting scheduled for October 18, 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 6:00 p.m. PRESENT: Mayor Gretchen Fagan Council 1 John Ford Council 2 Mark Stoll Council 3 Chad Degges Council 5 Lori Klein Quinn ABSENT: Council 4 Derek Townsend, Sr. - Excused OTHERS PRESENT: City Manager – David Esquivel Assistant City Manager – Jessica Rogers City Secretary – Doris Speer City Attorney – Loren B. Smith Police Chief – Jeff Bert Fire Chief – Joe Sykora Director of Public Works – Beth Jones Marketing Director – Mike Baxter Finance Director – Glenn Windsor It Manager – Doug Tippey Administrative Assistant-CSO – Sasha Luna Community Center Manager – Rosalie Dillon B. Invocation - Led by Jonathan Schleicher - CFRE, Director of Advancement C. Pledges to U.S. and Texas Flags – Led by Joe Sykora Minutes Regular Council Meeting October 18, 2021 Page 2 of 6 D. The following public comments were received: Mark Clark, President - Requested the City’s assistance and support to Rotary Club of Tomball move the Rotary’s “Big Show” to the Depot on Saturday, October 23, 2021, due to inability to hold the event at the originally planned location. E. Reports and Announcements 1. Announcements I. November 3, 2021 – Depot Day – 10:00 a.m. – 4:00 p.m. at the Depot – Honoring National Model Railroad Month II. November 19, 2021 – Light it Up! Tree Lighting – 6:30 p.m. – 8:30 p.m. at the Depot III. November 20, 2021 – 56th Annual Holiday Parade – Downtown – Greater Tomball Area Chamber of Commerce – 10:00 a.m. to 12:30 p.m. 2. Reports by City staff and members of council about items of community interest on which no action will be taken: I. Larrissa Roberts – Report on Success of Drive-Boo at Juergens Park and 2nd Saturday at the Depot II. Mike Baxter – Report on Success of “Bluegrass Tomball” F. Approval of Minutes 1. Motion made by Council 2 Stoll, Seconded by Council 1 Ford, to approve the Minutes of the October 4, 2021 Regular Tomball City Council Meeting. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 5 Klein Quinn Absent: Council 4 Townsend, Sr. Motion carried unanimously. G. New Business 1. Motion made by Council 5 Klein Quinn, Seconded by Council 3 Degges, to approve the request from Concordia Lutheran High School for City Support and In-Kind Services for the 3rd Annual Cruisin’ Crusaders 5K Run/Walk in downtown Tomball, on Saturday, February 5, 2022 Minutes Regular Council Meeting October 18, 2021 Page 3 of 6 Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 5 Klein Quinn Absent: Council 4 Townsend, Sr. Motion carried unanimously. 2. Mayor Fagan opened the Public Hearing of the City Council of the City of Tomball to Accept Public Comments and Discuss the Petition (the “Petition”), Filed by 318 Sydney Park, LLC (the “Petitioner”), requesting that the City Dissolve Public Improvement District Number Nine (the “District”) which contains Land Owned Only by the Petitioner and Located Entirely within the Corporate Limits of the City at 6:15 p.m. Receiving no public comments, Mayor Fagan closed the Public Hearing at 6:16 p.m. 3. Motion made by Council 2 Stoll, Seconded by Council 3 Degges, to approve Resolution No. 2021-34, A Resolution Regarding the Dissolution of a Public Improvement District; Providing for a Severability Clause; Providing an Effective Date; and Containing Other Matters Relating to the Subject [TPID 9] Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 5 Klein Quinn Absent: Council 4 Townsend, Sr. Motion carried unanimously. 4. Motion made by Council 3 Degges, Seconded by Council 2 Stoll, to approve Resolution No. 2021-37, a Resolution Declaring the Intention of the City of Tomball, Texas, to Institute Proceedings to Annex Certain Territory; Describing Such Territory; Setting the Date, Time, and Place for Public Hearing at which All Interested Parties shall have an Opportunity to be Heard; Providing for Publication of Notice of Such Public Hearing; and Directing Preparation of a Municipal Service Plan for the Territory Proposed to be Annexed (Being a Tract or Parcel Containing 240.075 Acres or 10,457,658 Square Feet of Land Situated in the Auguste Senerchal Survey, Abstract No. 722, Harris County, Texas, Being a Residue of a Called 314.8179 Acres described in Deed to Exxon Mobile Corporation, as recorded under Harris County Clerk's File (H.C.C.F.) No. W883345, with Said 240.075 Acre Tract Being More Particularly Described by Metes and Bounds Provided Herein, Harris County, Texas) [0 Boudreaux, Lovett Industrial; HCAD No. 450260000004] and setting the date for the Public Hearing as November 15, 2021. Minutes Regular Council Meeting October 18, 2021 Page 4 of 6 Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 5 Klein Quinn Absent: Council 4 Townsend, Sr. Motion carried unanimously. 5. Motion made by Council 2 Stoll, Seconded by Council 1 Ford, to approve Resolution No. 2021-38, a Resolution of the City Council of the City of Tomball, Texas, Authorizing Participation in the National Opioid Settlement Agreements Secured by the Office of the Attorney General as a “Non-Litigating Subdivision”; and Authorizing the Mayor to Execute Certain Settlement Participation Documents. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 5 Klein Quinn Absent: Council 4 Townsend, Sr. Motion carried unanimously. 6. Consideration to Approve Zoning Case P21-369: Request by Louis Smulders to amend Chapter 50 (Zoning) of the Tomball Code of Ordinances by rezoning approximately 1.9 acres of land legally described as Reserve A Block 3 of Pine Meadows, from the Single-Family 6 District to the General Retail District. The property is generally located at the southwest corner of Theis Lane and South Cherry Street, within the City of Tomball, Harris County, Texas. ᵒ Mayor Fagan opened the Public Hearing on Zoning Case P21-369 at 6:37 p.m. The following public comments were read into the record: Loretta Dickerson - Her opposition to the proposed zoning 12714 Pine Woods, 77375 change was read into the record. Arlene Knobloch - Her opposition to the proposed zoning 12727 Pine Woods, 77375 change was read into the record. Receiving no additional public comments, Mayor Fagan closed the Public Hearing at 6:39PM ᵒ Motion made by Council 2 Stoll, Seconded by Council 1 Ford to read Ordinance No. 2021-36 by caption only on First Reading. Minutes Regular Council Meeting October 18, 2021 Page 5 of 6 Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 5 Klein Quinn Absent: Council 4 Townsend, Sr. Motion carried unanimously. ᵒ Motion made by Council 2 Stoll, Seconded by Council 1 Ford, to adopt, on First Reading, Ordinance No. 2021-36, 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 1.9 acres of land legally described as Reserve A Block 3 of Pine Meadows, from the Single- Family 6 District to the General Retail District, said property being generally located at the southwest corner of Theis Lane and South Cherry Street, 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 2 Stoll, Council 3 Degges Voting Nay: Council 1 Ford, Council 5 Klein Quinn Absent: Council 4 Townsend, Sr. Voting to Break Tie: Mayor Fagan, voting Yea. Motion carried, 3 votes Aye, 2 votes Nay. 7. Motion made by Council 2 Stoll, Seconded by Council 3 Degges, to approve the Development Agreement between the City of Tomball and Classic Neighborhood – FC Holdings, LLC, for Public Improvement District (PID) Number 13, Pine Trails Subdivision Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 5 Klein Quinn Absent: Council 4 Townsend, Sr. Motion carried unanimously. H. Motion made by Council 2 Stoll, Seconded by Council 5 Klein Quinn, to adjourn. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 5 Klein Quinn Absent: Council 4 Townsend, Sr. Minutes Regular Council Meeting October 18, 2021 Page 6 of 6 Motion carried unanimously. Meeting adjourned at 7:04 p.m. PASSED AND APPROVED this the 1st day of November 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, October 18, 2021 6:00 PM Notice is hereby given of a Regular meeting of the Tomball City Council, to be held on Monday, October 18, 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. THE CITY COUNCIL OF THE CITY OF TOMBALL, TEXAS, OCTOBER 18, 2021, 6:00 PM, AT 401 MARKET STREET, TOMBALL, TEXAS, 77375 AND WILL PROVIDE VIDEO ACCESS VIA ZOOM.COM. 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: 870 8869 2850, Passcode: 956121. 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 Courtnay White – Fountain of Love Church of God in Christ 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.] Agenda Regular Council Meeting October 18, 2021 Page 2 of 4 E. Reports and Announcements 1. Announcements I. November 3, 2021 – Depot Day – 10:00 a.m. – 4:00 p.m. at the Depot – Honoring National Model Railroad Month II. November 19, 2021 – Light it Up! Tree Lighting – 6:30 p.m. – 8:30 p.m. at the Depot III. November 20, 2021 – 56th Annual Holiday Parade – Downtown – Greater Tomball Area Chamber of Commerce – 10:00 a.m. to 12:30 p.m. 2. Reports by City staff and members of council about items of community interest on which no action will be taken: I. Larrissa Roberts – Report on Success of Drive-Boo at Juergens Park and 2nd Saturday at the Depot II. Mike Baxter – Report on Success of “Bluegrass Tomball” F. Approval of Minutes 1. Approve the Minutes of the October 4, 2021 Regular Tomball City Council Meeting G. New Business 1. Approve Request from Concordia Lutheran High School for City Support and In- Kind Services for the 3rd Annual Cruisin’ Crusaders 5K Run/Walk in downtown Tomball, on Saturday, February 5, 2022 2. Conduct Public Hearing of the City Council of the City of Tomball to Accept Public Comments and Discuss the Petition (the “Petition”), Filed by 318 Sydney Park, LLC (the “Petitioner”), requesting that the City Dissolve Public Improvement District Number Nine (the “District”) which contains Land Owned Only by the Petitioner and Located Entirely within the Corporate Limits of the City 3. Approve Resolution No. 2021-34, A Resolution Regarding the Dissolution of a Public Improvement District; Providing for a Severability Clause; Providing an Effective Date; and Containing Other Matters Relating to the Subject [TPID 9] Agenda Regular Council Meeting October 18, 2021 Page 3 of 4 4. Approve Resolution No. 2021-37, a Resolution Declaring the Intention of the City of Tomball, Texas, to Institute Proceedings to Annex Certain Territory; Describing Such Territory; Setting the Date, Time, and Place for Public Hearing at which All Interested Parties shall have an Opportunity to be Heard; Providing for Publication of Notice of Such Public Hearing; and Directing Preparation of a Municipal Service Plan for the Territory Proposed to be Annexed (Being a Tract or Parcel Containing 240.075 Acres or 10,457,658 Square Feet of Land Situated in the Auguste Senerchal Survey, Abstract No. 722, Harris County, Texas, Being a Residue of a Called 314.8179 Acres described in Deed to Exxon Mobile Corporation, as recorded under Harris County Clerk's File (H.C.C.F.) No. W883345, with Said 240.075 Acre Tract Being More Particularly Described by Metes and Bounds Provided Herein, Harris County, Texas) [0 Boudreaux, Lovett Industrial; HCAD No. 450260000004] 5. Approve Resolution No. 2021-38, a Resolution of the City Council of the City of Tomball, Texas, Authorizing Participation in the National Opioid Settlement Agreements Secured by the Office of the Attorney General as a “Non-Litigating Subdivision”; and, Authorizing the Mayor to Execute Certain Settlement Participation Documents 6. Consideration to Approve Zoning Case P21-369: Request by Louis Smulders to amend Chapter 50 (Zoning) of the Tomball Code of Ordinances by rezoning approximately 1.9 acres of land legally described as Reserve A Block 3 of Pine Meadows, from the Single-Family 6 District to the General Retail District. The property is generally located at the southwest corner of Theis Lane and South Cherry Street, within the City of Tomball, Harris County, Texas. ᵒ Conduct Public Hearing on Zoning Case P21-369 ᵒ Adopt, on First Reading, Ordinance No. 2021-36, 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 1.9 acres of land legally described as Reserve A Block 3 of Pine Meadows, from the Single-Family 6 District to the General Retail District, said property being generally located at the southwest corner of Theis Lane and South Cherry Street, 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. 7. Approve Development Agreement between the City of Tomball and Classic Neighborhood – FC Holdings, LLC, for Public Improvement District (PID) Number 13, Pine Trails Subdivision Agenda Regular Council Meeting October 18, 2021 Page 4 of 4 H. 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 14th day of October 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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