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2020-09-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 14, 2020, VIA TELEPHONENIDEO CONFERENCE AT 6:30 P.M, IN THE CITY HALL COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. CALL TO ORDER Mayor Reid called the meeting to order at 6:32 p.m. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG AND TEXAS FLAG Mayor Pro -Tem J. David Little gave the Invocation and Councilmember Trent Perez led the Pledges of Allegiance. ROLL CALL AND CERTIFICATION OF QUORUM: Mayor Tom Reid Mayor Pro -Tem J. David Little Councilmember Luke Orlando Councilmember Tony Carbone Councilmember Gary Moore Councilmember Adrian Hernandez Councilmember Trent Perez Councilmember Woody Owens City Manager Clay Pearson City Attorney Darrin Coker City Secretary Crystal Roan Others in attendance: Deputy City Manager Jon Branson, Interim Finance Director John McCarter, Director of Engineering and Capital Projects Robert Upton, Water Billing and Collections Manager Nancy Massey, Grants/Special Projects Administrator Joel Hardy, Communications Director Joshua Lee, and Chief Information Officer Daniel McGhinnis. CITIZEN COMMENTS: Jeff Hunkele, 3019 Oakwood Drive North, stated his concerns regarding the cost to print water bills, purchasing card fees, and his increasing water bill. Charles McMurrey, 5209 Spring Branch Drive, stated his concerns regarding municipal court records. Felicia Harris -Ross, 3112 Sumac Drive, stated her concerns regarding the budget. PUBLIC HEARING: NONE CONSENT AGENDA: A. Consideration and Possible Action - Approval of minutes: Regular Meeting Minutes, June 8, 2020 Regular Meeting Minutes, June 22, 2020 Special Meeting Minute, June 27, 2020 Regular Meeting Minutes, July 13, 2020 Joint Public Hearing, July 20, 2020 B. Consideration and Possible Action - The appointment of Natasha Charles to serve on the Zoning Board of Adjustments Alternate No. 1 position for an unexpired term expiring on November 1, 2020, and to reappointment Natasha Charles to this position for a 2 -year term effective November 1, 2020, to expire on November 1, 2022. C. Consideration and Possible Action -The appointment of Nicole Tonini to serve on the Zoning Board of Adjustments for an unexpired term for Alternate No. 4 for a 2 -year term expiring on November 1, 2021. D. Consideration and Possible Action - Resolution No. R2020-157 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a design contract with AARK Engineering Services, associated with Water Quality Program II (Oakbrook Estates), in the estimated amount of $99,200.00. E. Consideration and Possible Action -Resolution No. R2020-160 -A Resolution of the City Council of the City of Pearland, Texas, authorizing a unit cost contract for property buy- out acquisition services, with Jeff Ward & Associates in the estimated amount of $68,000.00, for the period of October 1, 2020 through September 30, 2021. F. Consideration and Possible Action -Resolution No. R2020-165 -A Resolution of the City Council of the City of Pearland, Texas, conveying an easement to CenterPoint Energy for electrical service to serve the City's Surface Water Treatment Plant Project. G. Consideration and Possible Action - Resolution No. R2020-163 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply bid for the purchase of Police Department Uniforms with Cop Stop, in the estimated amount of $110,000.00, for the period of October 14, 2020 through October 13, 2021. H. Consideration and Possible Action - Resolution No. R2020-167 - A Resolution of The City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement through the Texas Association of School Boards (TASB) Buy Board for the Woody Park Playground Replacement Project, with McKenna Contracting, in the amount of $140,000.00. I. Consideration and Possible Action - Resolution No. R2020-158 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract for property appraisal services with CBRE, Inc., in the estimated amount of $231,500.00, associated with certain road, water and sewer improvements (vicinity of FM 1128, CR 100 and Harkey Road). J. Consideration and Possible Action - Resolution No. R2020-159 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract for land acquisition services with Right -of -Way Solutions, Inc., in the estimated amount of $196,000.00, associated with certain road, water and sewer improvements (vicinitv of FM 1128. CR 100 and Harkey Road). K. Consideration and Possible Action - Resolution No. R2020-166 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit price service bid for utility bill printing and mailing services, to DataProse, in the estimated amount of $245,000.00, for the period of September 16, 2020 through September 17, 2021. L. Consideration and Possible Action - Resolution No. R2020-174 - A Resolution of the City Council of the City of Pearland, Texas, renewing a contract to the Pearland Reporter News as the official newspaper of record for publishing City legal notices, at the price of $6.00 per column inch, for the period of September 15, 2020 to September 14, 2021. M. Consideration and Possible Action - Resolution No. R2020-175 - A Resolution of the City Council of the City of Pearland, Texas, authorizing participation in an interlocal agreement with Brazoria County for the purchase of Hardware Supplies and Materials from Pearland Lumber Company, Inc., in the estimated amount of $100,000.00, for as needed materials for fiscal year 2021. N. Consideration and Possible Action - Resolution No. R2020-176 - A Resolution of the City Council of the City of Pearland, Texas, authorizing participation through an interlocal agreement with National IPA — OMNIA Partners for the purchase of hardware supplies and materials from Lowe's, in the estimated amount of $60,000.00, as needed for fiscal year 2021. O. Consideration and Possible Action - Resolution No. R2020-173 - A Resolution of the City Council of the City of Pearland, Texas, approving participation in the Texas Department of Transportation's Selective Traffic Enforcement Program (STEP) grant for Commercial Motor Vehicles to enhance traffic safety in the City of Pearland, and authorizing matching funds in the amount of twenty percent (20%). P. Consideration and Possible Action - Resolution No. R2020-172 - A Resolution of the City Council of the City of Pearland, Texas, approving participation in the Texas Department of Transportation's Selective Traffic Enforcement Program (STEP) comprehensive grant to enhance traffic safety in the City of Pearland, and authorizing matching funds in the amount of twenty percent (20%). Q. Consideration and Possible Action - Resolution No. R2020-168 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a professional services contract with AM TRACE, LLC., for public health advisory and policy development services in response to the COVID-19/Coronavirus Pandemic, in an amount not to exceed $88,464.00. R. Consideration and Possible Action - Resolution No. R2020-169 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the Lower Kirby Pearland Management District ("District") to issue and sell bonds, totaling $3,945,000.00, for certain water and drainage projects (South Spectrum and Promenade Shops utilities, Beltway 8 waterline, West Conveyance Pond and Lateral 3). S. Consideration and Possible Action - Resolution No. R2020-189 - A Resolution of the City Council of the City of Pearland, Texas, establishing the Council Meeting times and dates for 2021. Councilmember Orlando made the motion, seconded by Councilmember Perez, to adopt Consent Agenda Items A through S, except for Items E, F, K, and Q. AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. MATTERS REMOVED FROM CONSENT AGENDA: E. Consideration and Possible Action - Resolution No. R2020-160 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a unit cost contract for property buy- out acquisition services, with Jeff Ward & Associates in the estimated amount of $68,000.00, for the period of October 1, 2020 through September 30, 2021. Councilmember Orlando made the motion, seconded by Councilmember Moore, to adopt Resolution No. R2020-160. AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2020-160 is adopted. F. Consideration and Possible Action -Resolution No. R2020-165 -A Resolution of the City Council of the City of Pearland, Texas, conveying an easement to CenterPoint Energy for electrical service to serve the City's Surface Water Treatment Plant Project. Councilmember Orlando made the motion, seconded by Councilmember Moore, to adopt Resolution No. R2020-165. AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2020-165 is adopted. K. Consideration and Possible Action -Resolution No. R2020-166 -A Resolution of the City Council of the City of Pearland, Texas, renewing a unit price service bid for utility bill printing and mailing services, to DataProse, in the estimated amount of $245,000.00, for the period of September 16, 2020 through September 17, 2021. Councilmember Orlando made the motion, seconded by Councilmember Moore, to adopt Resolution No. R2020-166. AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2020-166 is adopted. Q. Consideration and Possible Action -Resolution No. R2020-168 -A Resolution of the City Council of the City of Pearland, Texas, authorizing a professional services contract with AM TRACE, LLC., for public health advisory and policy development services in response to the COVID-19/Coronavirus Pandemic, in an amount not to exceed $88,464.00. Councilmember Orlando made the motion, seconded by Councilmember Moore, to adopt Resolution No. R2020-168. AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2020-168 is adopted. NEW BUSINESS: 1. Consideration and Possible Action — Second and Final Reading of Ordinance No. 1594 - An Ordinance of the City Council of the City of Pearland, Texas, authorizing the issuance of City of Pearland, Texas, permanent improvement refunding bonds in one or more series; setting certain parameters for the bonds; authorizing refunding of certain outstanding obligations; authorizing a pricing officer to approve the amount, the interest rate, price, and terms thereof and certain other procedures and provisions relating thereto. Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Little, to adopt the Second and Final Reading of Ordinance No. 1594. AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. Ordinance No. 1594 is adopted. 2. Consideration and Possible Action — First Reading of Ordinance No. 1595 - An appropriation Ordinance adopting a budget for the fiscal year beginning October 1, 2020, and ending September 30, 2021, and pay plans for fiscal year 2021. Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Little, to amend expenditures in the General Fund to $89,471,205. AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. Mayor Pro -Tem Little made the motion, seconded by Councilmember Perez, to adopt First Reading of Ordinance No. 1595 as amended. AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. 3. Consideration and Possible Action —First Reading of Ordinance No. 1596 -An Ordinance adopting a tax rate of $0.72000 and levying taxes for the use and support of the Municipal Government of the City of Pearland, Texas, and providing for the interest and sinking fund of the taxable year 2020. Councilmember Hernandez made the motion, seconded by Councilmember Moore, to approve the First Reading of Ordinance No. 1596. AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. 4. Consideration and Possible Action — First Reading of Ordinance No. 1358-20 - An Ordinance of the City Council of the City of Pearland, Texas, amending non- development e.�rrn -4 —A— fn - -4-;-;-- n —n— .+Ing— - -,^-k;1;4- n -- 1— clause, providing for publication and an effective date. Councilmember Moore made the motion, seconded by Councilmember Hernandez, to approve the First Reading of Ordinance No. 1358-20. AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. 5. Consideration and Possible Action - Resolution No. R2020-178 - A Resolution of the City Council of the City of Pearland, Texas, endorsing the application for Councilmember Adrian Hernandez to serve in leadership positions within the National League of Cities ("NLC") organization as President of the Board for the NLC and as Chair of the Energy, Environment and Natural Resources Federal Advocacy Committee. Councilmember Perez made the motion, seconded by Mayor Pro -Tem Little, to adopt Resolution No. R2020-178. AYES: Orlando, Carbone, Little, Moore, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2020-178 is adopted. 6. Consideration and Possible Action - First and Only Reading of Ordinance No. 1597 - An Ordinance of the City Council of the City of Pearland, Texas, authorizing the use of Texas C.A.R.E.S. Act funding, as part of the Pearland COVID-19 Community Impact Recovery Plan ("Plan"), to provide additional compensation to certain employees involved in response and mitigation efforts related to the COVID-19 public health emergency; containing a savings clause; a severability clause; a repealer clause; and an emergency clause. Councilmember Owens made the motion, seconded by Councilmember Moore, to adopt the First and Only Reading of Ordinance No. 1597. AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. Ordinance No. 1597 is adopted. 7. Consideration and Possible Action - Resolution No. R2020-156 - A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract for the Park Equipment Recapitalization Program (granite trails at Southgate, Woody and Cypress Village Parks), to Excel Paving Construction, in the amount of $345,359.77. Councilmember Orlando made the motion, seconded by Councilmember Perez, to adopt Resolution No. R2020-156. AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2020-156 is adopted. 8. Consideration and Possible Action - Resolution No. R2020-155 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a design contract with Gauge Engineering, associated with the Clear Creek Trail Project (Town Ditch/Preserve at Councilmember Carbone made the motion, seconded by Mayor Pro -Tem Little, to adopt Resolution No. R2020-155. AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2020-155 is adopted. 9. Consideration and Possible Action - Resolution No. R2020-164 - A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for construction of the Mimosa Acres Drainage Improvement Project, to Lucas Construction Company, Inc., in the amount of $1,047,830.00. Mayor Pro -Tem Little made the motion, seconded by Councilmember Moore, to adopt Resolution No. R2020-164. AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2020-164 is adopted. 10. Consideration and Possible Action — First Reading of Ordinance No. 1598 -An Ordinance of the City Council of the City of Pearland, Texas, prescribing the type of notice to be given of the time and place of the October 19, 2020 joint public hearing of the City Council and the Planning and Zoning Commission for amendments to the Southern Trails Planned Development. Councilmember Perez stated he recuses himself from this item due to his business relationship. Councilmember Hernandez made the motion, seconded by Councilmember Moore, to adopt Resolution No. R2020-1598. AYES: Carbone. NAYS: Orlando, Little, Hernandez, Moore, Owens. The motion failed. 11. Consideration and Possible Action - Resolution No. R2020-170 -A Resolution of the City Council of the City of Pearland, Texas, authorizing the Pearland Economic Development Corporation to enter into a contract for additional professional services, associated with the 288 Corridor Master Improvements Plan, with Clark Condon Associates in the additional amount of $77,000 (total contract amount of $481,540.00. Councilmember Moore made the motion, seconded by Mayor Pro -Tem Little, to adopt Resolution No. R2020-170. AYES: Hernandez, Moore, Perez, Owens. NAYS: Orlando, Carbone, Little. The motion carried. Resolution No. R2020-170 is adopted. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION: NONE EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 551.071- Consultation with Attorney- Regarding government regulations affecting adjudicative records; 551.087- Deliberations - Regarding Economic Development Negotiations associated Council adjourned into Executive Session at 9:07 p.m. Council returned from Executive Session at 9:50 p.m. NEW BUSINESS CONTINUED: 12. Consideration and Possible Action - Regarding Economic Development Negotiations associated with an offer of financial or other assistance to a business prospect. Councilmember Perez made the motion, seconded by Councilmember Moore, to authorize the Pearland Economic Development to enter into loan agreement with Prospect No. 1704. AYES: Orlando, Carbone, Little, Hernandez, Moore, Perez, Owens. NAYS: None. The motion carried. OTHER BUSINESS: NONE ADJOURNMENT Mayor Reid adjourned the meeting at 9:50 p.m. Minutes approved as submitted and/or corrected this the 26th day of October 2020. Tom Reid ���/� Mayor ATTEST: ' Ito ,tI,,,,,•I•• to Roan TRMC, CMCQo RLANp''••y Secretary p� ' l�'••. .0 N� ..•� s