Regular Council Meeting

MINUTES OF REGULAR COUNCIL MEETING CITY OF TOMBALL, TEXAS Monday, October 17, 2022 6:00 PM The City Council of the City of Tomball, Texas, conducted the meeting scheduled for October 17, 2022, 6:00 PM, at 401 Market Street, Tomball, Texas 77375, via personal attendance and video/telephone conference. A. Mayor Klein Quinn called the meeting of the Tomball City Council to order at 6:00 p.m. PRESENT Council 1 John Ford Council 3 Dane Dunagin Council 4 Derek Townsend, Sr. Council 5 Randy Parr ABSENT Council 2 Mark Stoll 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 Marketing Manager – Sasha Smith Fire Chief – Joe Sykora Sr. Administrative Assistant-CSO – Sasha Luna Police Captain-Investigations – Ricky Doerre IT Manager – Doug Tippey Court Administrator – Maria Morris Assistant Court Clerk – Carlos Vera Project Manager - Meagan Mageo Community Center Manager – Rosalie Dillon Executive Director-TEDC – Kelly Violette B. Invocation - Led by Pastor Greg Sipe, Church 1:37  Minutes Regular Council Meeting October 17, 2022 Page 2 of 10 C. Pledges to U.S. and Texas Flags – Led by Latrell Shannon. D. The following public comments were received: Tom Weatherford - Expressed his opinions regarding the new 20203 Mahogany Ridge Dr., 77355 pickleball reservation requirements Michael Pierce - Expressed his opinions regarding an 13607 Arcott Bend, 77375 outdoor art market Sharon Finger - Expressed her opinions regarding the new 13215 Lost Creek, 77375 pickleball reservation requirements Colleen Pye - Expressed her opinions regarding an 207 Florence, 77375 outdoor art market Molly Middlebrook - Requested that her opinions regarding the 619 N. Hickory, 77375 (email) new pickleball reservation requirements be read. Toni Fletcher - Expressed her opinions regarding an 200 Fannin, 77375 outdoor art market E. Presentations 1. Mayor Klein Quinn presented the following Proclamation – October 2022 is “Chiropractic Health Month” to Dr. Pettit 2. Tomball Regional Health Foundation presented a Grant Check, in the Amount of $19,902.38, to Joe Sykora and Ricky Doerre, on behalf of the Tomball Fire Department and the Tomball Police Department, to Purchase Go-Bags Containing Emergency Medical Supplies F. Reports and Announcements 1. Announcements I. October 22, 2022 – Bluegrass and Fall Festival at the Depot – 11:00 a.m.-6 p.m. II. November 18, 2022 – Light it Up! Tree Lighting – 6:30 p.m.-8:30 p.m., at the Depot  Minutes Regular Council Meeting October 17, 2022 Page 3 of 10 III. November 19, 2022 – Holiday Parade – Downtown – Sponsored by the Greater Tomball Area Chamber of Commerce IV. 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. Doug Tippey and Maria Morris introduced Assistant Court Clerk Carlos Vera of the Tomball Municipal Court, who has completed all the requirements for Level 1 of the Texas Court Clerk Certification program, awarded on 7/11/2022. II. Ricky Doerre and Joe Sykora reported on the Success of the Tomball Police and Fire Pinning Ceremony and Class A Uniform Inspection. III. Councilman Townsend requested that City Staff look at pickleball as amenities in future PIDs G. Approval of Minutes 1. Motion made by Council 4 Townsend, Sr., Seconded by Council 3 Dunagin, to approve the Minutes of the following Meetings: * October 3, 2022 Tomball City Council Meeting – 4 p.m. * October 3, 2022 Tomball City Council Meeting – 5 p.m. * October 3, 2022 Regular Tomball City Council Meeting Voting Yea: Council 1 Ford, 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.] 1. Adopt, on Second 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  Minutes Regular Council Meeting October 17, 2022 Page 4 of 10 Tomball, Texas; Providing for Penalty, Interest, and Additional Penalty on Taxes Not Timely Paid; and Providing Other Matters Relating to the Subject 2. Adopt, on Second 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 3. Adopt, on Second 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 Motion made by Council 5 Parr, Seconded by Council 3 Dunagin, to approve Items H.1, H.2, and H.3, Old Business Consent Agenda. Voting Yea: Council 1 Ford, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr 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.] Items I.1, I.2 and I.5 were removed from approval under the New Business Consent Agenda at the request of Council. 3. Approve the purchase of one (1) PC35MR-5 Excavator and associated attachments from Waukesha-Pearce Industries, LLC through the Houston- Galveston Area Council Cooperative Purchasing Contract (Contract No. EM06- 19) for a not-to-exceed amount of $60,100.00, approve the expenditure of funds therefor, and authorize the City Manager to execute any and all documents related to the purchase. This purchase is included in the FY 2022-2023 Budget. 4. Approve the purchase of one (1) Vermeer BC1000XL Chipper from Vermeer Texas-Louisiana through the BuyBoard Contract (Contract No. 597-19) for a not- to-exceed amount of $54,303.00, approve the expenditure of funds therefor, and  Minutes Regular Council Meeting October 17, 2022 Page 5 of 10 authorize the City Manager to execute any and all documents related to the purchase. This purchase is included in the FY 2022-2023 Budget. 6. Approve the purchase of two (2) F-250 Crew Cab Trucks from Chastang Ford through the BuyBoard purchasing contract (Contract No. 601-19) for a not-to- exceed amount of $117,204, approve the expenditure of funds therefor, and authorize the City Manager to execute any and all documents related to the purchase. These purchases are included in the FY 2022-2023 Budget. Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford to approve Items I.3. I.4 and I.6. Voting Yea: Council 1 Ford, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion to approve Items I.3, I.4 and I.6 carried unanimously. J. New Business NBCA1. Motion made by Council 5 Parr, Seconded by Council 3 Dunagin, to approve the Purchase of the Verity Voting 2.5 System election equipment from Hart Intercivic through the Buyboard Purchasing Cooperative (Contract No. 622- 20) for a not to exceed amount of $63,543.09, 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 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. NBCA2. Motion made by Council 3 Dunagin, Seconded by Council 4 Townsend, Sr., to approve Resolution No. 2022-49, a Resolution and Order of the City Council of the City of Tomball, Texas, Approving the Hart Intercivic Verity Voting 2.5 System Equipment for Elections Held by the City of Tomball; and Providing for an Effective Date. This item is budgeted in FY 2022-23. Voting Yea: Council 1 Ford, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously.  Minutes Regular Council Meeting October 17, 2022 Page 6 of 10 NBCA5. Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Parr, to approve the purchase of one (1) John Deere 6105E Cab Tractor from Brookside Equipment Sales through the Sourcewell Ag Tractors Contract (Contract No. 110719-JDC PG 1P CG 70) for a total amount of $72,899.20. This purchase is included in the FY 2022-2023 Budget. Voting Yea: Council 1 Ford, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 1. Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford, to approve Request from Concordia Lutheran High School for City Support and In- Kind Services for the Annual Cruisin’ Crusaders 5K Run/Walk in downtown Tomball, on Saturday, February 11th, 2023 Voting Yea: Council 1 Ford, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 2. Motion made by Council 3 Dunagin, Seconded by Council 4 Townsend, Sr., to approve Resolution Number 2022-47, a Resolution of the City Council of the City of Tomball, Texas approving a Reimbursement Agreement relating to the Winfrey Estates Public Improvement District Number 12 Voting Yea: Council 1 Ford, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 3. Motion made by Council 5 Parr, Seconded by Council 4 Townsend, Sr., to approve Resolution Number 2022-48, a Resolution of the City Council of the City of Tomball, Texas approving a Reimbursement Agreement relating to the Seven Oaks Public Improvement District Number 14 Voting Yea: Council 1 Ford, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. 4. Consideration to Approve Zoning Case P22-213: Request from Yuna Holdings, LLC to amend Chapter 50 (Zoning) of the Tomball Code of Ordinance by  Minutes Regular Council Meeting October 17, 2022 Page 7 of 10 rezoning approximately 1.44 acres of land legally described as being Lot 1, Block 1 of JTS Subdivision from General Retail (GR) to the Commercial (C) District. The property is located at the southwest corner of the intersection of Medical Complex Drive and the State Highway 249 frontage road, within the City of Tomball, Harris County, Texas. * Conduct Public Hearing on Zoning Case P22-213 Mayor Klein Quinn called the Public Hearing to order at 6:52 p.m. The following public comment was received: Jeff Yuna - Expressed his support for the zoning 37123 Chris Court, 77355 change Receiving no additional public comments, Mayor Klein Quinn closed the Public Hearing at 6:55 p.m. * Motion made by Council 4 Townsend, Sr., Seconded by Council 3 Dunagin, to read Ordinance No. 2022-18 by caption only on first reading. Voting Yea: Council 1 Ford, 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 adopt, on First Reading, Ordinance No. 2022-18, 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 1.44 acres of land legally described as being Lot 1, Block 1 of JTS Subdivision from General Retail (GR) to the Commercial (C) District. The property is located at the southwest corner of the intersection of Medical Complex Drive and the 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. Voting Yea: Council 1 Ford, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously.  Minutes Regular Council Meeting October 17, 2022 Page 8 of 10 5. Consideration to Approve Zoning Case P22-309: Request from Tomball Economic Development Corporation and Tortuga Operating Company to amend Chapter 50 (Zoning) of the Tomball Code of Ordinance by rezoning approximately 17.08 acres of land legally described as being all of Lots 1, 2, 3, and 4 of Tomball Business and Technology Park, Section 2 from Single Family Residential – 20 (SF-20) to Light Industrial (LI). The properties are located within the 1900 block of S. Persimmon Street (East and West side), within the City of Tomball, Harris County, Texas. * Conduct Public Hearing on Zoning Case P22-309 Mayor Klein Quinn called the Public Hearing to order at 7:06 p.m. The following public comments were received: Paul Mladenka - Expressed his opposition to the 1631 S. Persimmon, 77375 zoning change Kelly Violette - Expressed TEDC’s support for the 29201 Quinn Road, Suite B zoning change Tom Condon - Expressed his support for the zoning 31903 Debbie Lane, 77355 change. Receiving no additional public comments, Mayor Klein Quinn closed the Public Hearing at 7:30 p.m. * Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Parr, to read Ordinance No. 2022-38 by caption only on first reading. Voting Yea: Council 1 Ford, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. Council took no action regarding consideration to adopt, on First Reading, Ordinance No. 2022-38, 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 17.08 acres of land legally described as being all of lots 1,2,3, and 4 of Tomball Business and Technology Park from Single Family Residential -20 (SF- 20) to Light Industrial (LI). The property is located within the 1900 block of S. Persimmon Street (east and west sides), providing for severability; providing for a penalty of an amount not to exceed $2,000 for each day of  Minutes Regular Council Meeting October 17, 2022 Page 9 of 10 violation of any provision hereof, making findings of fact; and providing for other related matters No action taken. 6. Consideration to Approve Zoning Case P22-310: Request by 28121 Calvert, LLC, represented by Louis Smith to amend the City of Tomball’s Comprehensive Plan to update the Major Thoroughfare Plan Map. Removing the proposed east-west extension of Medical Complex Drive which is currently designated as a minor arterial from the Major Thoroughfare Plan Map. Specifically being the segment that is planned to extend approximately 1.05 miles from the western right-of-way boundary of Calvert Road to the southeastern right-of-way boundary of FM 2920 Road, within Harris County, Texas. * Conduct Public Hearing on Zoning Case P22-310 Mayor Klein Quinn called the Public Hearing to order at 8:16 p.m. The following public comments were received: Caitlin Craig - Expressed her support for the zoning 15633 Treichel Rd, 77375 change Louis Smith - Expressed his support for the zoning 22316 Kobs Rd, 77377 change. Receiving no additional public comments, Mayor Klein Quinn closed the Public Hearing at 8:30 p.m. * Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford, to read Ordinance No. 2022-39 by caption only on first reading. Voting Yea: Council 1 Ford, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. * Motion made by Council 4 Townsend, Sr., Seconded by Council 5 Parr, to adopt, on First Reading, Ordinance No. 2022-39, an ordinance of the City of Tomball, Texas, amending the City of Tomball’s Comprehensive Plan to update the Major Thoroughfare Plan Map. Removing the proposed east- west extension of Medical Complex Drive which is currently designated as a minor arterial from the Major Thoroughfare Plan Map. Specifically being  Minutes Regular Council Meeting October 17, 2022 Page 10 of 10 the segment that is planned to extend approximately 1.05 miles from the western right-of-way boundary of Calvert Road to the southeastern right- of-way boundary of FM 2920 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. Voting Yea: Council 1 Ford, Council 4 Townsend, Sr., Council 5 Parr Voting Nay: Council 3 Dunagin Motion carried, 3 votes Yea, 1 vote Nay. 7. Confirm/Appoint/Reappoint Member to Director Position 7 for the 2022 Tomball Legacy Fund, Inc. Board of Directors as Required under Sec. 4.02, Bylaws No action taken. 8. Discussion and Possible Action regarding Developing a Project for a Future Downtown Tomball Advisory Committee No action taken. K. Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford, to adjourn. Voting Yea: Council 1 Ford, Council 3 Dunagin, Council 4 Townsend, Sr., Council 5 Parr Motion carried unanimously. Meeting adjourned at 8:53 p.m. PASSED AND APPROVED this the 7th day of November 2022. Doris Speer Lori Klein Quinn Doris Speer Lori Klein Quinn City Secretary, TRMC, MMC Mayor