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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 ` f r - 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 ATT T. Crystal an TR , CMC • �..tt""'ttttttttt ,, City Secretary `,,,.�QtiP..tttt .Y34,��� City Council Regular Meeting-Jan. 11,2021