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Regular Council Meeting

Regular Meeting

Tomball, TX · March 7, 2022

AgendaPacketMinutes

Minutes

MINUTES OF REGULAR COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, March 7, 2022 6:00 PM The City Council of the City of Tomball, Texas, conducted the meeting scheduled for March 7, 2022, 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 4 Derek Townsend, Sr. Council 5 Lori Klein Quinn OTHERS PRESENT: City Manager – David Esquivel Assistant City Manager – Jessica Rogers City Attorney – Loren B. Smith City Secretary – Doris Speer Director of Community Development – Nathan Dietrich Finance Director – Katherine Dubose Police Chief – Jeff Bert Fire Chief – Joe Sykora HR Director – Lisa Coe Marketing & Communications Specialist – Gargi Bhowal CSO Administrative Assistant – Sasha Luna Police Captain-Investigations – Ricky Doerre Police Captain-Patrol – Brandon Patin Logistical Specialist-Fire – Jeff Cook Community Center Manager – Rosalie Dillon Executive Director-TEDC – Kelly Violette Administrative Assistant-TEDC – Tori Gleason B. Invocation - Led by Pastor Adam McIntosh – St. David’s Church C. Pledges to U.S. and Texas Flags – Led by Brandon Patin Minutes Regular Council Meeting March 7, 2022 Page 2 of 6 D. No Public Comments were received. E. Reports and Announcements 1. Announcements I. March 19, 2022 – Tomball Honky Tonk Chili Challenge Festival at the Depot – 11:00 a.m.-6:00 p.m. II. April 18-22, 2022 – Tomball Annual Spring Clean-Up and Chipping Week III. April 23, 2022 – Tomball Consolidated Recycling Day – Lone Star College-Tomball Campus, 30555 Tomball Parkway, South Entrance – 10:00 a.m.-2:00 p.m. IV. April 25 through May 3, 2022 – Early Voting for the May 7, 2022 General and Special Elections, City Hall, 401 Market Street 2. Reports by City staff and members of council about items of community interest on which no action will be taken: Janna Hoglund, Director, LSC-Tomball Community Library, Kyla Bayang, Library Services Specialist, LSC-Tomball Community Library, and Bruce Hillegeist, President, GTACC, presented information regarding a new pictorial history of Tomball, in partnership with Arcadia Publishing. F. Approval of Minutes 1. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to approve the Minutes of the February 21, 2022 Special and Regular Tomball City Council Meetings. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion carried unanimously. G. New Business 1. Mayor Fagan opened the Public Hearing and Review of the City of Tomball’s Juvenile Curfew Ordinance to Determine the Need to Readopt, Abolish, Continue or Modify the Ordinance at 6:12 p.m. Receiving no comments, Mayor Fagan closed the Public Hearing and Review at 6:13 p.m. Minutes Regular Council Meeting March 7, 2022 Page 3 of 6 No action necessary. 2. Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford, to re- appoint current members to Position 2, 4, and Alternate 1 of the Board of Adjustments, for terms expiring March 2, 2022. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to table appointments/reappointments until the March 21, 2022 Council meeting, pending additional information and BOA members’ voting record. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion to TABLE carried unanimously. 3. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to approve request from Texas Deuce Days 2022 for City Support and In-Kind Services for a Three Day Car Event (May 12-14), including Day 1: Street Meet & Registration, Day 2: Staging and Rally, and Day 3: Car Show at the Depot. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion carried unanimously. 4. Mayor Fagan opened the Public Hearing of the City Council of the City of Tomball to consider Proposed Assessments against Section One properties in Wood Leaf Reserve in the City of Tomball, Public Improvement District Number Eleven, established by City Council Resolution No. 2020-04 at 6:48 p.m. Receiving no comments, Mayor Fagan closed the Public Hearing at 6:49 p.m. No action necessary. 5. Motion made by Council 4 Townsend, Sr., Seconded by Council 3 Degges, to read Ordinance No. 2022-05 by caption only on First Reading. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion carried unanimously. Minutes Regular Council Meeting March 7, 2022 Page 4 of 6 Motion made by Council 4 Townsend, Sr., Seconded by Council 3 Degges, to adopt, on First Reading, Ordinance No. 2022-05, an Ordinance of the City Council of Tomball, Texas, Approving a Service and Assessment Plan and Assessment Roll for Authorized Improvements for the Wood Leaf Reserve Public Improvement District (the “District”); Making a Finding of Special Benefit to Certain Property in the District; Levying Assessments against Certain Property within the District and Establishing a Lien on Such Property; Providing for Payment of the Assessment in Accordance with Chapter 372, Texas Local Government Code, as Amended; Providing for the Method of Assessment and the Payment of the Assessments; Providing for Penalties and Interest on Delinquent Assessments; Providing for Severability and Providing an Effective Date. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion carried unanimously. 6. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to adopt Resolution No. 2022-11, an Resolution Approving the Distribution of a Preliminary Limited Offering Memorandum for its Special Assessment Revenue Bonds, Series 2022 (Wood Leaf Reserve Public Improvement District Number 11, Improvement Area #1). Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion carried unanimously. 7. Motion made by Council 4 Townsend, Sr., Seconded by Council 3 Degges, for discussion regarding the Base Advanced Funding Agreement with TxDOT for the Reconstruction of FM 2920 from State Highway 249 to Willow Street Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion carried unanimously. The following public comments were received: Bruce Hillegeist - Spoke in favor of approval. 15300 Cutten Rd #2129, 77070 Minutes Regular Council Meeting March 7, 2022 Page 5 of 6 Colleen Pye - Spoke in favor of approval, but 207 Florence, 77375 asked for more information regarding bleachers during parades. Samuel Shannon - Spoke against approval, if medians 823 Lizzie Lane, 77375 are installed. Discussion was held by City Council. Motion made by Council 4 Townsend, Sr., Seconded by Council 3 Degges, to take action to approve the Base Advanced Funding Agreement with TxDOT for the Reconstruction of FM 2920 from State Highway 249 to Willow Street and authorize the City Manager to negotiate the first Advanced Funding Agreement. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr. Voting Nay: Council 5 Klein Quinn Motion carried, 4 votes Aye, 1 vote Nay. An open-house meeting will be held on Thursday, March 31, 2022, at 6:00 PM, at the Public Works/Administrative Services Building, 501 James Street, Tomball, Texas 77375, for members of the public to express their opinions and concerns regarding the reconstruction of FM 2920 from SH 249 to Willow Street. Councilmember Townsend requested an update on the next agenda regarding the drainage project at Persimmon Street, from Ag Road northbound past Lizzie Lane and Timkin Road. 8. Executive Session: The City Council recessed at 7:39 p.m. to 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 which 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 – Police Department Personnel Upon reconvening at 8: 47 p.m., no action was taken. Minutes Regular Council Meeting March 7, 2022 Page 6 of 6 H. Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford, to adjourn. Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Degges, Council 4 Townsend, Sr., Council 5 Klein Quinn Motion carried unanimously. PASSED AND APPROVED this the 21st day of March 2022. Doris Speer Gretchen Fagan Doris Speer Gretchen Fagan City Secretary, TRMC, MMC Mayor

Agenda

NOTICE OF REGULAR COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, March 7, 2022 6:00 PM Notice is hereby given of a Regular meeting of the Tomball City Council, to be held on Monday, March 7, 2022 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, WILL CONDUCT THE MEETING SCHEDULED FOR MARCH 7, 2022, 6:00 PM, AT 401 MARKET STREET, TOMBALL, TEXAS, 77375. 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: 822 0419 1759, Passcode: 471802. 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 Adam McIntosh – St. David’s 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.] Agenda Regular Council Meeting March 07, 2022 Page 2 of 3 E. Reports and Announcements 1. Announcements I. March 19, 2022 – Tomball Honky Tonk Chili Challenge Festival at the Depot – 11:00 a.m.-6:00 p.m. II. April 18-22, 2022 – Tomball Annual Spring Clean-Up and Chipping Week III. April 23, 2022 – Tomball Consolidated Recycling Day – Lone Star College-Tomball Campus, 30555 Tomball Parkway, South Entrance – 10:00 a.m.-2:00 p.m. IV. April 25 through May 3, 2022 – Early Voting for the May 7, 2022 General and Special Elections, City Hall, 401 Market Street 2. Reports by City staff and members of council about items of community interest on which no action will be taken: F. Approval of Minutes 1. Approve the Minutes of the February 21, 2022 Special and Regular Tomball City Council Meetings G. New Business 1. Conduct a Public Hearing and Review of the City of Tomball’s Juvenile Curfew Ordinance to Determine the Need to Readopt, Abolish, Continue or Modify the Ordinance 2. Re-appoint members to Position 2, 4, and Alternate 1 of the Board of Adjustments, for terms expiring March 2, 2022 3. Approve request from Texas Deuce Days 2022 for City Support and In-Kind Services for a Three Day Car Event (May 12-14), including Day 1: Street Meet & Registration, Day 2: Staging and Rally, and Day 3: Car Show at the Depot. 4. Conduct Public Hearing of the City Council of the City of Tomball to consider Proposed Assessments against Section One properties in Wood Leaf Reserve in the City of Tomball, Public Improvement District Number Eleven, established by City Council Resolution No. 2020-04. 5. Adopt, on First Reading, Ordinance Number 2022-05, an Ordinance of the City Council of Tomball, Texas, Approving a Service and Assessment Plan and Assessment Roll for Authorized Improvements for the Wood Leaf Reserve Public Agenda Regular Council Meeting March 07, 2022 Page 3 of 3 Improvement District (the “District”); Making a Finding of Special Benefit to Certain Property in the District; Levying Assessments against Certain Property within the District and Establishing a Lien on Such Property; Providing for Payment of the Assessment in Accordance with Chapter 372, Texas Local Government Code, as Amended; Providing for the Method of Assessment and the Payment of the Assessments; Providing for Penalties and Interest on Delinquent Assessments; Providing for Severability and Providing an Effective Date. 6. Adopt Resolution Number 2022-11, an Resolution Approving the Distribution of a Preliminary Limited Offering Memorandum for its Special Assessment Revenue Bonds, Series 2022 (Wood Leaf Reserve Public Improvement District Number 11, Improvement Area #1) 7. Discussion and Possible Action to Approve the Base Advanced Funding Agreement with TxDOT for the Reconstruction of FM 2920 from State Highway 249 to Willow Street 8. 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 – Police Department Personnel 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 3rd day of March 2022 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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