Regular Council Meeting
Regular MeetingTomball, TX · November 7, 2022
Minutes
MINUTES OF REGULAR COUNCIL MEETING
CITY OF TOMBALL, TEXAS
Monday, November 7, 2022
6:00 PM
The City Council of the City of Tomball, Texas, conducted the meeting scheduled for November 7, 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 7:38 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
Assistant City Secretary – Tracylynn Garcia
City Attorney – Justin Pruitt
Director of Community Development – Nathan Dietrich
Director of Public Works – Drew Huffman
Finance Director – Katherine Tapscott
Police Chief – Jeff Bert
Police Captain-Patrol – Brandon Patin
Project Manager - Meagan Mageo
Marketing Manager – Sasha Smith
Marketing Communications Specialist – Chrislord Templonuevo
Community Center Manager – Rosalie Dillon
TEDC President Fagan
TEDC Board Member Covington
Executive Director-TEDC – Kelly Violette
Economic Development Coordinator-TEDC – Tori Gleason
B. Invocation - Led by Council 4 Derek Townsend Sr.
Minutes
Regular Council Meeting
November 7, 2022
Page 2 of 7
C. Pledges to U.S. and Texas Flags- Led by Council 1 John Ford
D. No public comments were received.
E. Reports and Announcements
1. Announcements
I. November 12, 2022 – Depot Day – a National Model Railroad Month
Event – 10:00 a.m.-4:00 p.m.
II. November 12, 2022 – 2nd Saturday at the Depot – 5:45 p.m.-7:35 p.m.
III. November 18, 2022 – Light it Up! Tree Lighting – 7:00 p.m.-9:00 p.m.,
at the Depot
IV. November 19, 2022 – Holiday Parade – Downtown – Sponsored by the
Greater Tomball Area Chamber of Commerce; 2023 Miss Tomball Event
in the Evening – 10:00 a.m.-Noon
V. December 3, 2022 – Deck the Depot – Depot Plaza – 10:00 a.m.-2:00 p.m.
VI. December 9-11, 2022 – German Christmas Market – Depot Plaza and
Market Street
2. Reports by City staff and members of council about items of community
interest on which no action will be taken:
I. Katherine Tapscott - Quarterly Investment Report for Period Ending
September 30, 2022. The Public Funds Investment Act requires that a
report of the City’s cash and investments be presented to City Council on
a quarterly basis. As of September 30, 2022, the City’s cash and
investment balances totaled $67,314,441.
II. Chrislord Templonuevo – Report on the Success of the Spooktacular 2nd
Saturday at the Depot
Sasha Smith – Report on the Success of the Tomball Bluegrass Fall Fest
2022
F. Old Business
1. Motion made by Council 4 Townsend, Sr., Seconded by Council 1 Ford to adopt,
on Second Reading, Ordinance No. 2022-18, an ordinance of the City of Tomball,
Texas, amending Chapter 50 (Zoning) of the Tomball Code of Ordinances by
Minutes
Regular Council Meeting
November 7, 2022
Page 3 of 7
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 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
2. Adopt, on Second 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 violation of any provision hereof, making
findings of fact; and providing for other related matters.
No action was taken.
3. Motion made by Council 5 Parr, Seconded by Council 1 Ford to adopt, on Second
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 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.
Kyle Bertrand - 102 Sage Tone Ct., Montgomery, Texas
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
November 7, 2022
Page 4 of 7
G. Motion made by Council 2 Stoll, Seconded by Council 1 Ford.to approve New Business
Consent Agenda Items 1-13:
1. Approve the Minutes of the following Meetings:
* October 17, 2022 Regular Tomball City Council Meeting
* November 1, 2022 Special Tomball City Council Meeting
2. Approve the purchase of budget software from Questica Ltd. for a not-to-exceed
amount of $112,874.81 over a five (5) year term, approve the expenditure of
funds therefor, and authorize the City Manager to execute any and all documents
related to the purchase. The purchase is included in the FY 2022-2023 Budget.
3. Approve the purchase of four (4) Ford F-150 Crew Cab Trucks from Silsbee Ford
through the TIPS USA Automobiles Contract (Contract No. 210907) for a not-to-
exceed amount of $176,841.00, 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.
4. Approve the purchase of one (1) Ford F-150 Crew Cab Truck and two (2) Ford
Police Interceptors from Silsbee Ford through the TIPS USA (Contract No.
210907) for a not-to-exceed amount of $130,945.50, 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.
5. Approve the purchase of public safety uniforms from Impact Promotional
Services, d.b.a Got You Covered Workwear and Uniforms through the BuyBoard
Cooperative Purchasing Network (Contract #670-22) for a not-to-exceed amount
of $125,000.00, approve the expenditure of funds therefor, and authorize the City
Manager to execute any and all documents related to the purchase. The purchases
are included in the FY 2022-2023 Budget.
6. Approve Supplemental Number One to Gunda Corporation, LLC. for Project
Number 2018-10041, Jerry Matheson Park Rebuild for an amount of $113,530
(total not-to-exceed contract amount of $147,630), approve the expenditure of
funds therefor, and authorize the City Manager to execute the agreement. This
project was included in the FY 2022-2023 budget.
7. Approve a Professional Services Agreement with Oller Engineering, Inc. for
Project Number 2023-10004, design of the Pine Street elevated storage tank
rehabilitation for the City of Tomball, for the not-to-exceed amount of $73,943,
Minutes
Regular Council Meeting
November 7, 2022
Page 5 of 7
approve the expenditure of funds therefor, and authorize the City Manager to
execute the agreement. This project was included in the FY 2022-2023 budget.
8. Approve a Professional Services Agreement with Freese & Nichols, Inc. for
Project Number 2023-10010, East Water Plant design for the City of Tomball, for
the not-to-exceed amount of $2,606,076, approve the expenditure of funds
therefor, and authorize the City Manager to execute the agreement. This project
was included in the FY 2022-2023 budget.
9. Approve a Professional Services Agreement with Freese & Nichols, Inc. for
Project Number 2019-10008, FM 2920 Lift Station Improvements for the City of
Tomball, for the not-to-exceed amount of $2,206,200, approve the expenditure of
funds therefor, and authorize the City Manager to execute the agreement. This
project was included in the FY 2022-2023 budget.
10. Approve a Professional Services Agreement with Freese & Nichols, Inc. for
Project Number 2023-10003, the preliminary design of the South Wastewater
Treatment Plant expansion and associated improvements to the South Wastewater
Treatment Plant, for the not-to-exceed amount of $506,085; approve the
expenditure of funds therefor, and authorize the City Manager to execute the
agreement. This project was included in the FY 2022-2023 budget.
11. Approve a Professional Services Agreement with Gunda Corporation, Inc. for
Project Number 2014-10031, FM 2920 Improvement Project for the City of
Tomball, for the not-to-exceed amount of $65,000, approve the expenditure of
funds therefor, and authorize the City Manager to execute the agreement. This
project was included in the FY 2022-2023 budget.
12. Approve an Interlocal Agreement with Harris County for Project Number 2023-
10009, Telge Easement Acquisition, for a total amount of $1,379,163.19, approve
the expenditure of funds therefor, and authorize the City Manager to execute the
agreement. This project was included in the FY 2022-2023 budget as part of the
Certificate of Obligation issuance.
13. Repeal Administrative Policy No. 6, “Auctions Conducted to Dispose of City
Property,” and Administrative Policy No. 16, “Master Service or Commodity
Contracts, Professional Service Contracts, and Change Orders”
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
November 7, 2022
Page 6 of 7
H. New Business
1. Motion made by Council 1 Ford, Seconded by Council 5 Parr to approve
amendments to Administrative Policy No. 18, Development Policy for Special
Financing Districts.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
2. Motion made by Council 4 Townsend, Sr., Seconded by Council 3 Dunagin to
approve amendments to Administrative Policy No. 24, Sports Court Reservation
Policy option #2.
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.
3. Motion made by Council 3 Dunagin, Seconded by Council 4 Townsend, Sr.,
to accept Resignation of Becky Loving, Resident Member 1, of the Tourism
Advisory Committee
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4
Townsend, Sr., Council 5 Parr
Motion carried unanimously.
4. Executive Session: The City Council recessed at 8:30 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 9:08 p.m., no action was taken.
Minutes
Regular Council Meeting
November 7, 2022
Page 7 of 7
I. Motion made by Council 5 Parr, Seconded by Council 2 Stoll to adjourn.
Voting Yea: Council 1 Ford, Council 2 Stoll, Council 3 Dunagin, Council 4 Townsend,
Sr., Council 5 Parr
Motion carried unanimously
PASSED AND APPROVED this the 21st day of November 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, November 7, 2022
6:00 PM
Notice is hereby given of a Regular meeting of the Tomball City Council, to be held on
Monday, November 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 NOVEMBER 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: 836 7630
8775, Passcode: 290013. 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
Agenda
Regular Council Meeting
November 7, 2022
Page 2 of 6
matter until such matter has been placed on an agenda and posted in accordance with
law - GC, 551.042.]
E. Reports and Announcements
1. Announcements
I. November 12, 2022 – Depot Day – a National Model Railroad Month
Event – 10:00 a.m.-4:00 p.m.
II. November 12, 2022 – 2nd Saturday at the Depot – 5:45 p.m.-7:35 p.m.
III. November 18, 2022 – Light it Up! Tree Lighting – 7:00 p.m.-9:00 p.m.,
at the Depot
IV. November 19, 2022 – Holiday Parade – Downtown – Sponsored by the
Greater Tomball Area Chamber of Commerce; 2023 Miss Tomball Event
in the Evening – 10:00 a.m.-Noon
V. December 3, 2022 – Deck the Depot – Depot Plaza – 10:00 a.m.-2:00 p.m.
VI. December 9-11, 2022 – German Christmas Market – Depot Plaza and
Market Street
2. Reports by City staff and members of council about items of community
interest on which no action will be taken:
I. Katherine Tapscott - Quarterly Investment Report for Period Ending
September 30, 2022. The Public Funds Investment Act requires that a
report of the City’s cash and investments be presented to City Council on
a quarterly basis. As of September 30, 2022, the City’s cash and
investment balances totaled $67,314,441.
II. Chrislord Templonuevo – Report on the Success of the Spooktacular 2nd
Saturday at the Depot
Sasha Smith – Report on the Success of the Tomball Bluegrass Fall Fest
2022
Agenda
Regular Council Meeting
November 7, 2022
Page 3 of 6
F. Old Business
1. Adopt, on Second 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.
2. Adopt, on Second 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 violation of any provision hereof, making
findings of fact; and providing for other related matters.
3. Adopt, on Second 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 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.
G. 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 itemsis available for public review.]
1. Approve the Minutes of the following Meetings:
* October 17, 2022 Regular Tomball City Council Meeting
* November 1, 2022 Special Tomball City Council Meeting
Agenda
Regular Council Meeting
November 7, 2022
Page 4 of 6
2. Approve the purchase of budget software from Questica Ltd. for a not-to-exceed
amount of $112,874.81 over a five (5) year term, approve the expenditure of
funds therefor, and authorize the City Manager to execute any and all documents
related to the purchase. The purchase is included in the FY 2022-2023 Budget.
3. Approve the purchase of four (4) Ford F-150 Crew Cab Trucks from Silsbee Ford
through the TIPS USA Automobiles Contract (Contract No. 210907) for a not-to-
exceed amount of $176,841.00, 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.
4. Approve the purchase of one (1) Ford F-150 Crew Cab Truck and two (2) Ford
Police Interceptors from Silsbee Ford through the TIPS USA (Contract No.
210907) for a not-to-exceed amount of $130,945.50, 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.
5. Approve the purchase of public safety uniforms from Impact Promotional
Services, d.b.a Got You Covered Workwear and Uniforms through the BuyBoard
Cooperative Purchasing Network (Contract #670-22) for a not-to-exceed amount
of $125,000.00, approve the expenditure of funds therefor, and authorize the City
Manager to execute any and all documents related to the purchase. The purchases
are included in the FY 2022-2023 Budget.
6. Approve Supplemental Number One to Gunda Corporation, LLC. for Project
Number 2018-10041, Jerry Matheson Park Rebuild for an amount of $113,530
(total not-to-exceed contract amount of $147,630), approve the expenditure of
funds therefor, and authorize the City Manager to execute the agreement. This
project was included in the FY 2022-2023 budget.
7. Approve a Professional Services Agreement with Oller Engineering, Inc. for
Project Number 2023-10004, design of the Pine Street elevated storage tank
rehabilitation for the City of Tomball, for the not-to-exceed amount of $73,943,
approve the expenditure of funds therefor, and authorize the City Manager to
execute the agreement. This project was included in the FY 2022-2023 budget.
8. Approve a Professional Services Agreement with Freese & Nichols, Inc. for
Project Number 2023-10010, East Water Plant design for the City of Tomball, for
the not-to-exceed amount of $2,606,076, approve the expenditure of funds
therefor, and authorize the City Manager to execute the agreement. This project
was included in the FY 2022-2023 budget.
Agenda
Regular Council Meeting
November 7, 2022
Page 5 of 6
9. Approve a Professional Services Agreement with Freese & Nichols, Inc. for
Project Number 2019-10008, FM 2920 Lift Station Improvements for the City of
Tomball, for the not-to-exceed amount of $2,206,200, approve the expenditure of
funds therefor, and authorize the City Manager to execute the agreement. This
project was included in the FY 2022-2023 budget.
10. Approve a Professional Services Agreement with Freese & Nichols, Inc. for
Project Number 2023-10003, the preliminary design of the South Wastewater
Treatment Plant expansion and associated improvements to the South Wastewater
Treatment Plant, for the not-to-exceed amount of $506,085; approve the
expenditure of funds therefor, and authorize the City Manager to execute the
agreement. This project was included in the FY 2022-2023 budget.
11. Approve a Professional Services Agreement with Gunda Corporation, Inc. for
Project Number 2014-10031, FM 2920 Improvement Project for the City of
Tomball, for the not-to-exceed amount of $65,000, approve the expenditure of
funds therefor, and authorize the City Manager to execute the agreement. This
project was included in the FY 2022-2023 budget.
12. Approve an Interlocal Agreement with Harris County for Project Number 2023-
10009, Telge Easement Acquisition, for a total amount of $1,379,163.19, approve
the expenditure of funds therefor, and authorize the Mayor to execute the
agreement. This project was included in the FY 2022-2023 budget as part of the
Certificate of Obligation issuance.
13. Repeal Administrative Policy No. 6, “Auctions Conducted to Dispose of City
Property,” and Administrative Policy No. 16, “Master Service or Commodity
Contracts, Professional Service Contracts, and Change Orders”
H. New Business
1. Approve amendments to Administrative Policy No. 18, Development Policy for
Special Financing Districts.
2. Approve amendments to Administrative Policy No. 24, Sports Court Reservation
Policy
3. Accept Resignation of Becky Loving, Resident Member 1, of the Tourism
Advisory Committee
Agenda
Regular Council Meeting
November 7, 2022
Page 6 of 6
4. 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
I. 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 November 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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