Regular Council Meeting
Regular MeetingTomball, TX · October 3, 2022
Minutes
MINUTES OF REGULAR COUNCIL MEETING
CITY OF TOMBALL, TEXAS
Monday, October 3, 2022
6:00 PM
The City Council of the City of Tomball, Texas, conducted the meeting scheduled for October 3, 2022,
6:00 PM, at 401 Market Street, Tomball, Texas 77375, via video/telephone conference.
A. Mayor Klein Quinn called the meeting of the Tomball City Council to order at 6:20 p.m.
PRESENT
Council 1 John Ford
Council 2 Mark Stoll
Council 3 Dane Dunagin
Council 4 Derek Townsend, Sr.
Council 5 Randy Parr
OTHERS PRESENT
City Manager – David Esquivel
Assistant City Manager – Jessica Rogers
City Secretary – Doris Speer
City Attorney – Loren B. Smith
Director of Community Development – Nathan Dietrich
Finance Director – Katherine Tapscott
Police Chief – Jeff Bert
Marketing Manager – Sasha Smith
Fire Chief – Joe Sykora
Assistant City Secretary – Tracylynn Garcia
Sr. Administrative Assistant-CSO – Sasha Luna
Police Captain-Patrol – Brandon Patin
Police Lieutenant-Patrol – Shon Davis
Police Lieutenant-Patrol – Danny Arriaga
Police Officer – Jeff Williams
Police Captain-Investigations – Ricky Doerre
Project Manager - Meagan Mageo
Police Sergeant – Ken Cole
Asst. Fire Chief/Fire Marshal – Jeff Cook
Community Center Manager – Rosalie Dillon
Executive Director-TEDC – Kelly Violette
Minutes
Regular Council Meeting
October 3, 2022
Page 2 of 15
B. Invocation - Led by Pastor Tim Niekerk, Salem Lutheran Church
C. Pledges to U.S. and Texas Flags – Led by Nathan & Alex, Troop 531 Scouts
D. The following public comments were received:
Scott Moore - Expressed his concerns regarding public
404 W. Pine Street, 77375 parking in old town Tomball
Lori Wilson - Addressed comments by Councilman
1821 S. Cherry, 77375 Townsend
Colleen Pye - Discussed her application for various
207 Florence, 77375 City boards
E. Presentations
1. Mayor Klein Quinn presented the following Proclamations:
• Proclamation – Monday, October 3, 2022 is “Danny Arriaga-Dedicated
Public Servant” Day
• Proclamation – Monday, October 3, 2022 is “Ricky Doerre-Dedicated Public
Servant” Day
• Proclamation – Monday, October 3, 2022 is “Jeffrey Williams-Dedicated
Public Servant” Day
• Proclamation – Tuesday, October 4, 2022 is “National Night Out 2022” – at
the Depot
• Proclamation – Thursday, October 6, 2022 is “German American Day”
• Proclamation – Wednesday, October 5, 2022 is “Tomball Teachers’ Day”
F. Reports and Announcements
1. Announcements
I. October 4, 2022 – 12th Annual Economic Outlook Luncheon, sponsored
by the Tomball Economic Development Corporation, at LSC – Tomball –
Beckendorf Conference Center, 30555 Tomball Parkway, from 9:00 a.m.-
1:00 p.m.
II. October 4, 2022 – National Night Out at the Depot
III. October 8, 2022 – Spooktacular 2nd Saturday at the Depot – 5:00 p.m.-
10 p.m.
Minutes
Regular Council Meeting
October 3, 2022
Page 3 of 15
IV. October 10, 2022 – Tomball Police and Fire Pinning Ceremony and
Class A Uniform Inspection at Lone Star College-Tomball, Beckendorf
Conference Center – 9:30 a.m.-12:00 p.m.
V. October 15, 2022 – The Big Show, hosted by the Tomball Rotary at the
Depot
VI. October 22, 2022 – Bluegrass and Fall Festival at the Depot – 11:00 a.m.-6
p.m.
VII. November 18, 2022 – Light it Up! Tree Lighting – 6:30 p.m.-8:30 p.m.,
at the Depot
VIII. November 19, 2022 – Holiday Parade – Downtown – Sponsored by the
Greater Tomball Area Chamber of Commerce
IX. December 3, 2022 – Deck the Depot – Depot Plaza
2. Reports by City staff and members of council about items of community
interest on which no action will be taken:
I. Sasha Smith – Reported on the Success of 2022 GroovFest
G. Approval of Minutes
1. Motion made by Council 2 Stoll, Seconded by Council 1 Ford, to approve the
Minutes of the September 19, 2022 Regular Tomball City Council Meeting
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
H. Old 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.]
Old Business Consent Items 1 & 4 were removed from Old Business Consent Agenda for
consideration/action separately as Old Business items
Minutes
Regular Council Meeting
October 3, 2022
Page 4 of 15
Old Business Consent Agenda Items 2, 3, and 5:
2. Adopt, on Second Reading, Ordinance No. 2022-27, an Ordinance of the City
Council of Tomball, Texas, approving the Service and Assessment Plan for the
City of Tomball Public Improvement District Number Thirteen, (PID 13), Pine
Trails Subdivision
3. Adopt, on Second Reading, Ordinance No. 2022-28, an Ordinance of the City
Council of Tomball, Texas, Levying the Assessment against properties within the
City of Tomball Public Improvement District Thirteen (PID 13), Pine Trails
Subdivision
5. Adopt on Second Reading Ordinance No. 2022-32, an Ordinance of the City
Council of the City of Tomball, Texas, Amending Chapter 30 of the Code of
Ordinances, the City of Tomball “Offenses”, by Adding a New Article III,
“Catalytic Converters”; Containing Findings and Other Provisions Related to the
Subject; Declaring Certain Conduct to be Unlawful; Providing a Penalty; Providing
for Severability; Providing for Publication; and Providing an Effective Date
Motion made by Council 2 Stoll, Seconded by Council 1 Ford, to approve Old Business
Consent Agenda Items 2, 3, and 5.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend,
Sr., Council 5 Parr
Motion carried unanimously to Approve Old Business Consent Items 2, 3 and 5.
1. No Action was taken regarding consideration to adopt, on Second Reading,
Ordinance No. 2022-20, 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 25.87 Acres of Land Legally Described
as Reserve “A” in Maple Group Subdivision, from Planned Development District
8 (PD-8) to Commercial (C). The Property is Generally Located at the Northeast
Corner of the Intersection of Holderrieth Road and State Highway 249 Frontage
Road, 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.
No Action taken.
4. Motion made by Council 5 Parr, Seconded by Council 3 Dunagin, to adopt, on
Second Reading, Ordinance No. 2022-33, an Ordinance of the City Council of
Tomball, Texas, Approving a Service and Assessment Plan and Assessment Roll
Minutes
Regular Council Meeting
October 3, 2022
Page 5 of 15
for Authorized Improvements for the Raburn 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. Vote was as follows:
Voting Yea: Council 1 Ford, Council 3 Dunagin, Council 4 Townsend, Sr.,
Council 5 Parr
Voting Nay: Council 2 Stoll
Motion carried, 4 votes Yea, 1 vote Nay.
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.]
New Business Consent Item 1 was removed from New Business Consent Agenda for
consideration/action separately as New Business item.
New Business Consent Agenda Items 2 and 3:
2. Authorize annual purchases exceeding $50,000 in accordance with the Purchasing
and Bidding Policy for Fiscal Year 2021-2022
3. Repeal, in its entirety, Administrative Policy Number 1, Banner Policy.
Motion made by Council 1 Ford, Seconded by Council 4 Townsend, Sr., to approve New
Business Consent Items 2 and 3.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 4 Townsend, Sr., Council 5 Parr
Motion carried unanimously to Approve New Business Consent Items 2 and 3.
J. New Business
1. (from New Business Consent) - Motion made by Council 4 Townsend, Sr.,
Seconded by Council 2 Stoll, to approve Special Event/Fireworks Display
Minutes
Regular Council Meeting
October 3, 2022
Page 6 of 15
Application at Boxwood Manor, located at 945 E Hufsmith Rd, Tomball, TX
77375, to be held on Saturday November 12, 2022
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr.
Motion carried unanimously.
1. Consideration to confirm/appoint/reappoint Members to the Tomball Regional
Health Foundation Board of Directors
Motion made by Council 1 Ford, Seconded by Council 2 Stoll, to
reappoint Christina Nash to Position 1 and Lori Wilson to Position 5, and to
appoint Maggie Yacoubian to Position 3.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 4 Townsend, Sr., Council 5
Parr
Voting Nay: Council 3 Dunagin
Motion carried 4 votes Yea, 1 vote Nay.
2. Consideration to confirm/appoint/reappoint Members to the Planning and Zoning
Commission
Motion made by Council 3 Dunagin, Seconded by Council 4 Townsend, Sr., to
reappoint Richard Anderson to Position 4.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
Motion made by Council 4 Townsend, Sr., Seconded by Council 3 Dunagin, to
appoint Scott Moore, Jr. to the unexpired vacancy in Position 3.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
Minutes
Regular Council Meeting
October 3, 2022
Page 7 of 15
3. Consideration to confirm/appoint/reappoint Members to the Tomball Economic
Development Corporation Board of Directors
Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Parr, to
reappoint Richard Bruce, Clete Jaeger, and Bill Sumner, Jr. to their current
positions and to appoint Lisa Covington to the vacancy created by Randy Parr’s
resignation.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
4. Consideration to confirm/appoint/reappoint Members to the Tourism Advisory
Committee
Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford to
reappoint Jeffie Cappadonna to Resident Position 3 and Paige Cassel to Hotel
Position 9, and to appoint Matthew Harris to the unexpired vacancy in Resident
Position 3, to appoint Ted Mielke to the vacancy in Business Position 6, and to
appoint Becky Loving to the unexpired vacancy in Resident Position 2 created by
appointing Ted Mielke as Business Position 6.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
5. Consideration to confirm/appoint/reappoint Members to the Board of Adjustments
Motion made by Council 2 Stoll, Seconded by Council 3 Dunagin, to appoint
Cindy Phillips to Regular BOA Position 5 and to appoint Colleen Pye to Alternate
BOA Position 1.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
Minutes
Regular Council Meeting
October 3, 2022
Page 8 of 15
6. Executive Session: The City Council recessed at 7:35 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):
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. 551.076 – Deliberation regarding Security Devices
Upon reconvening into session at 8:25 p.m., the following action was taken.
7. Motion was made by Council 2 Stoll, Seconded by Council 4 Townsend, Sr., to
approve and authorize the Chief of Police to execute the Memorandum of
Understanding (MOU) between Harris County First Responders which
acknowledges that all participating agencies will adhere to the principles of
Unified Command during an Active Shooter and Hostile Event, and establishes
roles for the Houston Police Department with the City of Houston, the Harris
County Sheriff’s Office in unincorporated parts of Harris County, and municipal
agencies in incorporated parts of Harris County
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
8. No action was taken to approve Request from Tomball Sister City Organization
for City Support and In-Kind Services for the Tomball German Heritage Festival
– Depot Plaza and Market Street – Thursday, March 23, 2023, through Sunday,
March 26, 2023
No action taken.
9. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to read
Ordinance No. 2022-35 by caption only on First and Final Reading.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to adopt
on First and Final Reading, Ordinance No. 2022-35, an Ordinance Authorizing
the Issuance and Sale of the City of Tomball, Texas, Combination Tax and
Revenue Certificates of Obligation, Series 2022; Levying a Tax and Providing for
Minutes
Regular Council Meeting
October 3, 2022
Page 9 of 15
the Security and Payment Thereof; and Enacting Other Provisions Relating
Thereto
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
10. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to Ratify
the FY 2022-2023 Budget and Find that the Proposed Tax Rate of
$0.287248/$100 DOES NOT EXCEED the No-New-Revenue Tax Rate and
WILL Generate More Property Tax Revenue than the FY 2021-2022 Budget.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
11. Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford, to Adopt
$0.106865 as the Portion of the 2022 Tax Rate to Fund the Interest and Sinking
(Debt Service) Fund for Fiscal Year 2022-2023.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
12. Motion made by Council 5 Parr, Seconded by Council 4 Townsend, Sr., to Adopt
$0.180383 as the Portion of the 2022 Tax Rate to Fund the Maintenance and
Operations (M&O) Fund for Fiscal Year 2022-2023.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
13. Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford, to read
Ordinance No. 2022-30 by caption only on First Reading.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Minutes
Regular Council Meeting
October 3, 2022
Page 10 of 15
Motion carried unanimously.
Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to adopt,
on First Reading, Ordinance No. 2022-30, an Ordinance of the City of Tomball,
Texas, Setting the Tax Levy of $0.287248/$100 Value Assessed for the Year
2022 on All Taxable Real and Personal Property Located in the City of Tomball,
Texas; Providing for Penalty, Interest, and Additional Penalty on Taxes Not
Timely Paid; and Providing Other Matters Relating to the Subject
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
14. Mayor Klein Quinn announced the Date for the Final Vote on the 2022 Tax Rate
will be at the Regular City Council Meeting on October 17, 2022 at 6:00 p.m.
No action taken.
15. Consideration to Approve Case P22-270: Request by the City of Tomball to
amend Section 40-74 (Lots, general provisions) and 40-75 (Minimum Lot Sizes)
of the Tomball Code of Ordinances by adding/revising regulations pertaining to
lot sizes.
Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to read
Ordinance No. 2022-21 by caption only on First Reading.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to adopt,
on First Reading, Ordinance No. 2022-21, an ordinance of the City of Tomball,
Texas, amending Section(s) 40-74 (Lots, general provisions) and 40-75
(Minimum Lot Sizes) of the Tomball Code of Ordinance by adding/revising
regulations pertaining to lot sizes; 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.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Minutes
Regular Council Meeting
October 3, 2022
Page 11 of 15
Motion carried unanimously.
16. Consideration to Approve Case P22-267: Request by the City of Tomball to
amend Section(s) 40-65 (Streets; specific standards) of the Tomball Code of
Ordinance by adding/revising the right-of-way widths for roadway classifications.
Motion made by Council 1 Ford, Seconded by Council 4 Townsend, Sr., to read
Ordinance No. 2022-24 by caption only on First Reading.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford, to adopt,
on First Reading, Ordinance No. 2022-24, an ordinance of the City of Tomball,
Texas, amending Section(s) 40-65 (Streets; specific standards) of the Tomball
Code of Ordinances by adding/revising the right-of-way widths for roadway
classifications; 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.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
17. Motion made by Council 3 Dunagin, Seconded by Council 4 Townsend, Sr., to
approve amendment to Administrative Policy No. 9, entitled “Procurement Policy
& Manual” and authorize participation in certain purchasing cooperatives.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
18. Motion made by Council 3 Dunagin, Seconded by Council 4 Townsend, Sr., to
approve Amendment to Administrative Policy No. 9.5, entitled “Procurement
Card Policy & Procedures”
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Minutes
Regular Council Meeting
October 3, 2022
Page 12 of 15
Motion carried unanimously.
19. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to
approve Amendment to Administrative Policy No. 24, entitled "Tennis Court
Reservation Policy" and change the title to: “Sports Court Reservation Policy”
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
20. Motion made by Council 1 Ford, Seconded by Council 4 Townsend, Sr., to
approve a Professional Services Agreement with Freese & Nichols, Inc. for
Project Number 2023-10002, Texas Pollutant Discharge Elimination System
(TPDES) permit renewal and amendment for the City of Tomball Wastewater
Treatment Plants, for the not-to-exceed amount of $103,000. This project was
included in the FY 2022-2023 budget.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
21. Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford, to
approve a Professional Services Agreement with Freese & Nichols, Inc. for
Project Number 2023-10001, updates to the Water and Wastewater Master Plan
and Impact Fees, for a not-to-exceed amount of $365,000. This amount is
included in the FY 2022-2023 budget.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
22. Motion made by Council 5 Parr, Seconded by Council 4 Townsend, Sr., to
approve a Professional Services Agreement with Freese & Nichols, Inc. for on-
call GIS, planning, and engineering services for a not-to-exceed amount of
$50,000. This project was included in the FY 2022-2023 Budget.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Minutes
Regular Council Meeting
October 3, 2022
Page 13 of 15
Motion carried unanimously.
23. Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Parr, to
authorize the City Manager to execute the Recreation Grant Agreement with
Texas Parks and Wildlife Department for improvements at Jerry Matheson Park
for a total grant amount of $750,000
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
24. Motion made by Council 1 Ford, Seconded by Council 5 Parr, to read Ordinance
No. 2022-36 by caption only on First and Only Reading.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
Motion made by Council 5 Parr, Seconded by Council 1 Ford, to adopt, on First
and Only Reading, Ordinance No. 2022-36, 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 #1); Approving and Authorizing an Indenture of Trust and First other
Agreements and Documents in Connection Therewith; Making Findings with
Respect to the Issuance of Such Bonds; and Providing an Effective Date
Voting Yea: Council 1 Ford, Council 3 Dunagin, Council 4 Townsend, Sr.,
Council 5 Parr
Voting Nay: Council 2 Stoll
Motion carried, 4 votes Yea, 1 vote Nay.
25. Motion made by Council 4 Townsend, Sr., Seconded by Council 3 Dunagin, to
read Ordinance No. 2022-37 by caption only on First and Only Reading.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
Minutes
Regular Council Meeting
October 3, 2022
Page 14 of 15
Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford, to adopt,
on First and Only Reading, Ordinance No. 2022-37, 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 #2); 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
Voting Yea: Council 1 Ford, Council 3 Dunagin, Council 4 Townsend, Sr.,
Council 5 Parr
Voting Nay: Council 2 Stoll
Motion carried, 4 votes Yea, 1 vote Nay.
26. Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford, to
approve Resolution No. 2022-46, a Resolution of the City Council of the City of
Tomball, Texas approving an amended and restated Reimbursement Agreement
relating to the Raburn Reserve Public Improvement District – Improvement Area
Two (IA2)
Voting Yea: Council 1 Ford, Council 3 Dunagin, Council 4 Townsend, Sr.,
Council 5 Parr
Voting Nay: Council 2 Stoll
Motion carried, 4 votes Yea, 1 vote Nay.
27. Motion made by Council 4 Townsend, Sr., Seconded by Council 2 Stoll, to
approve the purchase of one (1) 2024 Spartan Custom Chassis with Alexis
Custom SS Pumper and associated equipment through the Houston-Galveston
Area Council Cooperative Purchasing Contract (FS12-19) for a not-to-exceed
amount of $800,000.00, approve the expenditure of funds therefor, and authorize
the City Manager to execute any and all documents related to the purchase. This
purchase was included in the FY 2022-2023 Budget.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
Minutes
Regular Council Meeting
October 3, 2022
Page 15 of 15
K. Motion made by Council 4 Townsend, Sr., Seconded by Council 3 Dunagin, to adjourn.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend,
Sr., Council 5 Parr
Motion carried unanimously.
Meeting adjourned.
PASSED AND APPROVED this the 17th day of October 2022.
Doris Speer Lori Klein Quinn
Doris Speer Lori Klein Quinn
City Secretary, TRMC, MMC Mayor
Agenda
NOTICE OF REGULAR COUNCIL MEETING
CITY OF TOMBALL, TEXAS
Monday, October 3, 2022
6:00 PM
Notice is hereby given of a Regular meeting of the Tomball City Council, to be held on
Monday, October 3, 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 OCTOBER 3, 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: 897 6950
0851, Passcode: 023026. 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 Tim Niekerk – Salem Lutheran 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
Agenda
Regular Council Meeting
October 3, 2022
Page 2 of 8
matter until such matter has been placed on an agenda and posted in accordance with law
- GC, 551.042.]
E. Presentations
* Proclamation – Monday, October 3, 2022 is “Danny Arriaga-Dedicated Public
Servant” Day
* Proclamation – Monday, October 3, 2022 is “Ricky Doerre-Dedicated Public
Servant” Day
* Proclamation – Monday, October 3, 2022 is “Jeffrey Williams-Dedicated Public
Servant” Day
* Proclamation – Tuesday, October 4, 2022 is “National Night Out 2022” – at the
Depot
* Proclamation – Thursday, October 6, 2022 is “German American Day”
* Proclamation – Wednesday, October 5, 2022 is “Tomball Teachers’ Day”
F. Reports and Announcements
1. Announcements
I. October 4, 2022 – 12th Annual Economic Outlook Luncheon, sponsored
by the Tomball Economic Development Corporation, at LSC – Tomball –
Beckendorf Conference Center, 30555 Tomball Parkway, from 9:00 a.m.-
1:00 p.m.
II. October 4, 2022 – National Night Out at the Depot
III. October 8, 2022 – Spooktacular 2nd Saturday at the Depot – 5:00 p.m.-
10 p.m.
IV. October 10, 2022 – Tomball Police and Fire Pinning Ceremony and
Class A Uniform Inspection at Lone Star College-Tomball, Beckendorf
Conference Center – 9:30 a.m.-12:00 p.m.
V. October 15, 2022 – The Big Show, hosted by the Tomball Rotary at the
Depot
VI. October 22, 2022 – Bluegrass and Fall Festival at the Depot – 11:00 a.m.-6
p.m.
Agenda
Regular Council Meeting
October 3, 2022
Page 3 of 8
VII. November 18, 2022 – Light it Up! Tree Lighting – 6:30 p.m.-8:30 p.m.,
at the Depot
VIII. November 19, 2022 – Holiday Parade – Downtown – Sponsored by the
Greater Tomball Area Chamber of Commerce
IX. December 3, 2022 – Deck the Depot – Depot Plaza
2. Reports by City staff and members of council about items of community
interest on which no action will be taken:
I. Sasha Smith – Report on the Success of 2022 GroovFest
G. Approval of Minutes
1. Approve the Minutes of the September 19, 2022 Regular Tomball City Council
Meeting
H. Old 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. Adopt, on Second Reading, Ordinance No. 2022-20, 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
25.87 Acres of Land Legally Described as Reserve “A” in Maple Group
Subdivision, from Planned Development District 8 (PD-8) to Commercial (C).
The Property is Generally Located at the Northeast Corner of the Intersection of
Holderrieth Road and State Highway 249 Frontage Road, 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. 2022-27, an Ordinance of the City
Council of Tomball, Texas, approving the Service and Assessment Plan for the
City of Tomball Public Improvement District Number Thirteen, (PID 13), Pine
Trails Subdivision
3. Adopt, on Second Reading, Ordinance No. 2022-28, an Ordinance of the City
Council of Tomball, Texas, Levying the Assessment against properties within the
City of Tomball Public Improvement District Thirteen (PID 13), Pine Trails
Subdivision
Agenda
Regular Council Meeting
October 3, 2022
Page 4 of 8
4. Adopt, on Second Reading, Ordinance No. 2022-33, an Ordinance of the City
Council of Tomball, Texas, Approving a Service and Assessment Plan and
Assessment Roll for Authorized Improvements for the Raburn 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
5. Adopt on Second Reading Ordinance No. 2022-32, an Ordinance of the City
Council of the City of Tomball, Texas, Amending Chapter 30 of the Code of
Ordinances, the City of Tomball “Offenses”, by Adding a New Article III,
“Catalytic Converters”; Containing Findings and Other Provisions Related to the
Subject; Declaring Certain Conduct to be Unlawful; Providing a Penalty; Providing
for Severability; Providing for Publication; and Providing an Effective Date
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. Approve Special Event/Fireworks Display Application at Boxwood Manor,
located at 945 E Hufsmith Rd, Tomball, TX 77375, to be held on Saturday
November 12, 2022
2. Authorize annual purchases exceeding $50,000 in accordance with the Purchasing
and Bidding Policy for Fiscal Year 2021-2022
3. Repeal, in its entirety, Administrative Policy Number 1, Banner Policy.
J. New Business
1. Confirm/Appoint/Reappoint Members to the Tomball Regional Health
Foundation Board of Directors
2. Confirm/Appoint/Reappoint Members to the Planning and Zoning Commission
3. Confirm/Appoint/Reappoint Members to the Tomball Economic Development
Corporation Board of Directors
4. Confirm/Appoint/Reappoint Members to the Tourism Advisory Committee
Agenda
Regular Council Meeting
October 3, 2022
Page 5 of 8
5. Confirm/Appoint/Reappoint Members to the Board of Adjustments
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):
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. 551.076 – Deliberation regarding Security Devices
7. Approve and authorize the Chief of Police to execute the Memorandum of
Understanding (MOU) between Harris County First Responders which
acknowledges that all participating agencies will adhere to the principles of
Unified Command during an Active Shooter and Hostile Event, and establishes
roles for the Houston Police Department with the City of Houston, the Harris
County Sheriff’s Office in unincorporated parts of Harris County, and municipal
agencies in incorporated parts of Harris County
8. Approve Request from Tomball Sister City Organization for City Support and In-
Kind Services for the Tomball German Heritage Festival – Depot Plaza and
Market Street – Thursday, March 23, 2023, through Sunday, March 26, 2023
9. Adopt on First and Final Reading, Ordinance No. 2022-35, an Ordinance
Authorizing the Issuance and Sale of the City of Tomball, Texas, Combination
Tax and Revenue Certificates of Obligation, Series 2022; Levying a Tax and
Providing for the Security and Payment Thereof; and Enacting Other Provisions
Relating Thereto
10. Ratify the FY 2022-2023 Budget and Find that the Proposed Tax Rate of
$0.287248/$100 DOES NOT EXCEED the No-New-Revenue Tax Rate and
WILL Generate More Property Tax Revenue than the FY 2021-2022 Budget
11. Adopt $0.106865 as the Portion of the 2022 Tax Rate to Fund the Interest and
Sinking (Debt Service) Fund for Fiscal Year 2022-2023
12. Adopt $0.180383 as the Portion of the 2022 Tax Rate to Fund the Maintenance
and Operations (M&O) Fund for Fiscal Year 2022-2023
13. Adopt, on First Reading, Ordinance No. 2022-30, an Ordinance of the City of
Tomball, Texas, Setting the Tax Levy of $0.287248/$100 Value Assessed for the
Year 2022 on All Taxable Real and Personal Property Located in the City of
Tomball, Texas; Providing for Penalty, Interest, and Additional Penalty on Taxes
Not Timely Paid; and Providing Other Matters Relating to the Subject
Agenda
Regular Council Meeting
October 3, 2022
Page 6 of 8
14. Announce the Date for the Final Vote on the 2022 Tax Rate will be at the Regular
City Council Meeting on October 17, 2022 at 6:00 p.m.
15. Consideration to Approve Case P22-270: Request by the City of Tomball to
amend Section 40-74 (Lots, general provisions) and 40-75 (Minimum Lot Sizes)
of the Tomball Code of Ordinances by adding/revising regulations pertaining to
lot sizes.
* Adopt, on First Reading, Ordinance No. 2022-21, an ordinance of the City
of Tomball, Texas, amending Section(s) 40-74 (Lots, general provisions)
and 40-75 (Minimum Lot Sizes) of the Tomball Code of Ordinance by
adding/revising regulations pertaining to lot sizes; 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.
16. Consideration to Approve Case P22-267: Request by the City of Tomball to
amend Section(s) 40-65 (Streets; specific standards) of the Tomball Code of
Ordinance by adding/revising the right-of-way widths for roadway classifications.
* Adopt, on First Reading, Ordinance No. 2022-24, an ordinance of the City
of Tomball, Texas, amending Section(s) 40-65 (Streets; specific standards)
of the Tomball Code of Ordinance by adding/revising the right-of-way
widths for roadway classifications; 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.
17. Approve Amendment to Administrative Policy No. 9, entitled “Procurement
Policy & Manual” and authorize participation in certain purchasing cooperatives.
18. Approve Amendment to Administrative Policy No. 9.5, entitled “Procurement
Card Policy & Procedures”
19. Approve Amendment to Administrative Policy No. 24, entitled "Tennis Court
Reservation Policy"
20. Approve a Professional Services Agreement with Freese & Nichols, Inc. for
Project Number 2023-10002, Texas Pollutant Discharge Eliminiation System
(TPDES) permit renewal and amendment for the City of Tomball Wastewater
Treatment Plants, for the not-to-exceed amount of $103,000. This project was
included in the FY 2022-2023 budget.
21. Approve a Professional Services Agreement with Freese & Nichols, Inc. for
Project Number 2023-10001, updates to the Water and Wastewater Master Plan
Agenda
Regular Council Meeting
October 3, 2022
Page 7 of 8
and Impact Fees, for anot-to-exceed amount of $365,000. This amount is included
in the FY 2022-2023 budget.
22. Approve a Professional Services Agreement with Freese & Nichols, Inc. for on-
call GIS, planning, and engineering services for a not-to-exceed amount of
$50,000. This project was included in the FY 2022-2023 Budget.
23. Authorize the City Manager to execute the Recreation Grant Agreement with
Texas Parks and Wildlife Department for improvements at Jerry Matheson Park
for a total grant amount of $750,000
24. Adopt, on First and Only Reading, Ordinance No. 2022-36, 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 #1); 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
25. Adopt, on First and Only Reading, Ordinance No. 2022-37, 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 #2); 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
26. Approve Resolution No. 2022-46, a Resolution of the City Council of the City of
Tomball, Texas approving an amended and restated Reimbursement Agreement
relating to the Raburn Reserve Public Improvement District – Improvement Area
Two (IA2)
27. Approve the purchase of one (1) 2024 Spartan Custom Chassis with Alexis
Custom SS Pumper and associated equipment through the Houston-Galveston
Area Council Cooperative Purchasing Contract (FS12-19) for a not-to-exceed
amount of $800,000.00, approve the expenditure of funds therefor, and authorize
the City Manager to execute any and all documents related to the purchase. This
purchase was included in the FY 2022-2023 Budget.
K. Adjournment
Agenda
Regular Council Meeting
October 3, 2022
Page 8 of 8
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 September 2022 by 5:30 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.
Get email alerts for Tomball
A daily email when new agendas and minutes are posted.