2021-01-11 CITY COUNCIL REGULAR MEETING MINUTES MINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY OF PEARLAND, TEXAS,
HELD ON JANUARY 11, 2021 AT 6:30 P.M., IN-PERSON -AND VIA
TELEPHONENIDEOCONFERENCE IN THE PEARLAND CITY HALL COUNCIL CHAMBERS,
3519 LIBERTY DRIVE, PEARLAND, TEXAS.
CALL TO ORDER
Mayor J. Kevin Cole called the meeting to order at 8:59 p.m.
INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
Councilmember Tony Carbone gave the Invocation and Councilmember Adrian Hernandez led
the Pledge of Allegiance to the United States of America Flag and Texas Flag.
ROLL CALL AND CERTIFICATION OF QUORUM
Mayor J. Kevin Cole
Mayor Pro-Tem J. David Little
Councilmember Luke Orlando •
Councilmember Tony Carbone
Councilmember Alex Kamkar
Councilmember Adrian Hernandez
Councilmember . Trent Perez
Councilmember Woody Owens
City Manager Clay Pearson
City Attorney Darrin Coker
City Secretary Crystal Roan
NEW BUSINESS
Mayor Cole recommended New Business Item No. 1 and No. 2 to be considered before Citizen
Comments.
1. Consideration and Possible Action - Regarding the Election of a Mayor Pro-Tern.
Councilmember Owens made the motion, seconded by Mayor Pro-Tern Little, to put
New Business Item No. 1 on the table.
Councilmember Perez made the motion, seconded by Councilmember Owens, to elect
Councilmember Hernandez as Mayor Pro-Tern.
AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
ABSTAIN: Hernandez.
The motion carried. Councilmember Hernandez is elected Mayor Pro-Tem.
2. Consideration and Possible Action - R2021-11 -A Resolution of the City Council of
the City of Pearland,Texas, adopting interim health and safety protocols for access
to City Council and other public meetings.
City Council Regular Meeting-Jan. 11,2021
Councilmember Perez made the motion, seconded by Councilmember Owens, to adopt
Resolution No. R2021-11.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-11 is adopted.
CITIZEN COMMENTS
Congressman Pete Olson, 903 San Marino, Sugar Land, Texas, expressed his gratitude for the
support of Pearland community.
Jeff Hunkele, 3912 Oak Wood Drive North, stated his concerns regarding utility billing.
Carol Artz Bucek, 2111 N Galveston Ave., President and CEO of the Pearland Chamber of
Commerce, stated her concerns regarding New Business Item No. 5. She stated her concerns
for the Ad Hoc Advisory Committee member,selection.
Jimmy Davis, 5004 Colmesneil St., stated his concerns regarding utility billing.
CONSENT AGENDA
A. Consideration and Possible Action -Approval of Minutes
• City Council Special Meeting Minutes - December 7, 2020
• City Council Regular Meeting Minutes - December 7, 2020
• City Council Special Meeting Minutes - December 14, 2020
• City Council & Planning and Zoning Joint Special Meeting Minutes - December 14,
2020
• City Council Special Meeting Minutes - December 22, 2020
•
B. Consideration and Possible Action - Resolution No. R2021-3 -A Resolution of the City
Council of the City of Pearland,Texas, authorizing a Crossing Agreement with the Gulf
Coast Water Authority (GCWA) to allow sanitary sewer force main to cross GCWA's
American Canal right-of-way.
C. Consideration and Possible Action - Resolution No. R2021-5 -A Resolution of the City
Council of the City of Pearland, Texas, authorizing the City Manager or his designee to
enter into an amended water supply agreement with the Gulf Coast Water Authority
(GCWA),to reduce the required reserve fund associated with the annual cost of service.
Councilmember Carbone made the motion, seconded by Councilmember Perez, to approve
Consent Agenda items A through C.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried.
City Council Regular Meeting-Jan. 11,2021
MATTERS REMOVED FROM CONSENT AGENDA
There were none.
NEW BUSINESS
3. Consideration and Possible Action - Resolution No. R2021-8-A Resolution of the
City Council of the City of Pearland, Texas, approving an/update to the Pearland
Parks, Recreation and Open Space Master Plan.
Councilmember Little made the motion,seconded by Mayor Pro-Tern Hernandez, to adopt
Resolution No. R2021-8.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-8 is adopted.
4. Consideration and Possible Action,- Resolution No. R2021-9 -A Resolution of the
City Council of the City of Pearland,Texas, adopting a State Legislative Agenda
for the 87th Session of the Texas Legislature.•
Mayor Pro-Tern Hernandez made the motion,seconded by Councilmember Little, to adopt
Resolution No. R2021-9.
•
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-9 is adopted.
5. Consideration and Possible Action -Creation and Appointment of a customer
input Ad Hoc Advisory Committee to provide the City Council additional input
regarding utility billing process and system review being completed by Raftelis
Consulting Group.
Councilmember Perez made the motion, seconded by Councilmember Little, to appoint
Steve Saboe, Chairman; Denise Hewitt, Mark Smith, Ralph King, Patrick O'Day, Julie
Ward, Jimmy Davis, and Jennifer Sheffield to serve on the Ad Hoc Advisory Committee
as presented by Mayor Cole.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried.
Councilmember Kamkar made the amended motion, seconded by Councilmember
Orlando, to include a requirement for the Ad Hoc Advisory Committee to comply with the
Texas Open Meetings Act.
AYES: Orlando, Kamkar.
NAYS: Carbone, Hernandez, Little, Perez, Owens.
The motion failed.
City Council Regular Meeting-Jan. 11,2021
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Councilmember Perez made the amended motion, seconded by Councilmember Little, to
include a requirement for the public meeting notice to be posted on the City of Pearland
Water Billing webpage within 24 hours of the meeting and provide the meeting recording
to the public within.72 hours post meeting.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried.
Councilmember Kamkar made the amended motion, seconded by Councilmember
Orlando, to strike language from the scope "The Committee shall meet no less than once
per month, except that the Committee, at its own discretion, shall have the ability to meet
more frequently" to add a requirement for the Ad Hoc Committee to meet for a term of 6
months, unless approved by City Council.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried.
Councilmember Perez made the motion, seconded by Councilmember Little, to approve
the members to the Ad Hoc Advisory Committee to include the amendments to require the
Ad Hoc Advisory Committee meetings to be recorded and provided for the public within
72 hours post meeting, publish the public meeting notice on the City of Pearland Water
Billing webpage within 24 hours of the meeting, and for the Ad Hoc Committee to meet for
a term of 6 months, unless approved by City Council.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried.
6. Consideration and Possible Action - Resolution No. R2021-2 A Resolution of the .
City Council of the City of Pearland, Texas, awarding a construction services
contract for the Piper Road Drainage, to Nerie Construction, LLC, in the amount of
$995,509.00.
Councilmember Owens made the motion, seconded by Councilmember Perez, to adopt
Resolution No. R2021-2.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-2 is adopted.
7. Consideration and Possible Action - R2021-12 -A Resolution of the City Council of
the City of Pearland, requiring the submission of additional supporting
documentation, beyond state law requirements, with the City's proposed annual
fiscal year budget.
•
Councilmember Carbone made the motion, seconded by Councilmember Perez, to
adopt Resolution R2021-12.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
City Council Regular Meeting-Jan. 11,2021
NAYS: None.
The motion carried. Resolution No. R2021-12 is adopted.
8. Council Input and Discussion - Input and Discussion regarding local Pearland
economic outlook for 2021.
No action was taken.
MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were none.
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. Section 551.071 -Consultation with City Attorney - Regarding pending or potential
litigation associated with right-of-way acquisition.
2. Section 551.071 -Consultation with City Attorney -Regarding pending or potential
litigation associated with cable franchise fees.
3. Section 551.071 -Consultation with City Attorney -Regarding pending or potential
litigation associated with drainage improvements.
City Council adjourned into Executive Session at 10:58 p.m. .
City Council returned from Executive Session at 11:11 p.m.
NEW BUSINESS CONTINUED
1. Consideration and Possible Action— Regarding pending or potential litigation
associated with right-of-way acquisition.
Councilmember Carbone made the motion, seconded by Mayor Pro-Tern Hernandez, as
recommended by City Attorney Darrin Coker, to authorize staff to proceed with the
settlement of litigation associated with the right-of-way acquisition, specifically associated
with McHard Road right-of-way, as discussed in Executive Session.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried.
2. Consideration and Possible Action — Regarding pending or potential litigation
associated with cable franchise fees.
Councilmember Little made the motion, seconded by Mayor Pro-Tem Hernandez, as
recommended by City Attorney Darrin Coker, to authorize staff to proceed with the
resolution of a settlement on litigation associated with cable franchise fees, as discussed
in Executive Session.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried.
City Council Regular Meeting-Jan. 11,2021
3. Consideration and Possible,Action— Regarding pending or potential litigation
associated with drainage improvements.
No action was taken.
OTHER BUSINESS
There was none.
ADJOURNMENT
Mayor Cole adjourned the meeting at 11:44 p.m.
Minutes approved as submitted and/or corrected this the 25th day of January 2021.
. Kevin Cole
Mayor
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City Council Regular Meeting-Jan. 11,2021