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2020-11-09 CITY COUNCIL REGULAR MEETING MINUTES MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 9, 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 6:31 p.m. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG AND TEXAS FLAG Councilmember Trent Perez gave the Invocation and Mayor Pro-Tern J. David Little led the Pledges of Allegiance. ROLL CALL AND CERTIFICATION OF QUORUM: Mayor Tom Reid • Mayor Pro-Tern J. David Little Councilmember Tony Carbone Councilmember Gary Moore Councilmember Trent Perez Councilmember Woody Owens City Manager Clay Pearson City Attorney Darrin Coker City Secretary Crystal Roan Councilmember Luke Orlando and Councilmember Adrian Hernandez were absent. CITIZEN COMMENTS: Edward Mears, 3761 S Peden Dr., Chandler, AZ, thanked Council for their service to the City. He complimented utility billing for their work. He stated his concerns with the lag in utility billing reports. He asked that Council help staff to correct the utility billing issues. Jimmy Davis, 5004 Colmesneil St., spoke on behalf of the Pearland Water Billing Discussion Group. He stated their concerns with water billing and the water meters. Maria Collis, 2709 Colonial Dr., Dickinson, TX, representing the Gulf Coast :Center, spoke regarding the services Gulf Coast Center's Texans Recovering.Together Program provides to those affected by COVID 19. PUBLIC HEARING: None CONSENT AGENDA: A. Consideration and Possible Action -Approval of minutes: • January 6, 2020 City Council and Planning and Zoning Commission Joint Public Hearing . i • February 24, 2020 City Council Regular Meeting • March 3, 2020 City Council Special Meeting • March 23, 2020 City Council Regular Meeting • March 23, 2020 City Council Special Meeting City Council Regular Meeting Minutes—Nov.9,2020 • May 4, 2020 City Council Regular Meeting • May 11, 2020 City Council and Planning and Zoning Commission Joint Special Meeting • May 18, 2020 City Council Regular Meeting • July 20, 2020 City Council Special Meeting • August 8, 2020 City Council Special Meeting • August 10, 2020 City Council Regular Meeting • August 10, 2020 City Council Special Meeting • August 17, 2020 City Council Special Meeting • October 12, 2020 City Council Regular Meeting • October 19, 2020 City Council and Planning and Zoning Commission Joint Public Hearing • October 19, 2020 City Council and Planning and Zoning Commission Joint Special Meeting • October 26, 2020 City Council Regular,Meeting B. Consideration and Possible Action - Resolution No. R2020-195 - A Resolution of the City Council of the City of Pearland,Texas, adopting the required policies pertaining to the Hurricane Harvey—Infrastructure Community Development Block Grant—Disaster Recovery Program (CDBG-DR) Contract Number 20-065-106-C288 from the Texas General Land Office (GLO). C. Consideration and Possible 'Action - Resolution No. R2020-241 - A Resolution of The City Council of the City of Pearland, Texas, adopting an Amended Investment Policy, Investment Strategy and approved Brokers in accordance with Chapter 2256 of the Government Code ("Public Funds Investment Act"). D. Consideration and Possible Action - Resolution No. R2020-240 - A Resolution of the City Council of the City of Pearland,Texas, awarding a unit supply bid for the purchase of Fire Department medical supplies to Bound Tree Medical, in the estimated amount of$120,000 for the period of November 13, 2020 through November 12, 2021. E. Consideration and Possible Action - Resolution No. R2020-239 - A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply bid for the purchase of Fire Department medical supplies to Henry Schein Medical, in the estimated amount of$65,000 for the period of November 13, 2020 through November 12, 2021. F. Consideration and Possible Action - Resolution No. R2020-238 - A Resolution of the City Council of the City of Pearland,Texas, awarding a unit supply bid for the purchase of Fire Department medical supplies to Life Assist, Inc., in the estimated amount of $60,000 for the period of November 13, 2020 through November 12, 2021. G. Consideration and Possible Action - Resolution No. R2020-228 - A Resolution of the City Council of the City of Pearland, Texas, accepting the City's Investment Report for the quarter ending September 2020. H. Consideration and Possible Action - Resolution No. R2020-232 - A Resolution of the City Council of the City of Pearland,Texas, renewing a unit supply bid for fire apparatus preventative maintenance and repairs with Siddons-Martin Emergency Group, in the City Council Regular Meeting—Nov.9,2020 estimated amount of $300,000.00, for the period beginning December 1, 2020 and ending December 2, 2021. I. Consideration and Possible Action - Resolution No. R2020-230 - 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 with the Texas Department of Information Resources (DIR)for the purchase of phone related services from AT&T, in the estimated amount of$130,800.00 for fiscal year 2021. J. Consideration and Possible Action - Resolution No. R2020-243 - 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 with the Texas Department of Information Resources (DIR) for the implementation of a Distributed Antenna System to support the Pearland Public Safety Building from BearCom, in the estimated amount of$96,248.00. K. Consideration and Possible Action - Resolution No. R2020-233 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a Local On-System Agreement ("LOSA") with the Texas Department of Transportation ("TxDOT"), associated with improvements to Shadow Creek Parkway to support the new Shadow Creek Library. L. Consideration and Possible Action - Resolution No. R2020-231 - A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply contract to Envirodyne Laboratories, Inc., for water, wastewater and pretreatment laboratory testing services, in the estimated amount of $116,700.00, for the period of November 20, 2020 through November 19, 2021. M. Consideration and Possible Action - Resolution No. R2020-236 - A Resolution of the City Council of the City of Pearland, Texas, renewing a contract with Katarzyna (Kasia) Kimmel, MD/ MPH for EMS Medical Director services, in the estimated amount of $75,480.00 for the period of January 14, 2021 to January 13, 2022. N. Consideration and Possible Action - Resolution No. R2020-237 - A Resolution of the City Council of the City of Pearland,Texas, authorizing the purchase of fire bunker gear from NAFECO in the estimated amount of$113,520.00, for the period of November 27, 2020 through November 26, 2021. O. Consideration and Possible Action - Resolution No. R2020-229 - A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply purchase of plumbing parts and supplies associated with COVID-19 mitigation efforts at City facilities, to Best Plumbing Specialists, in the estimated amount of$86,440.76. P. Consideration and Possible Action - Resolution No. R2020-244 - 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 with the Texas Department of Information Resources (DIR) for the purchase of City-wide network equipment from Sequel Data Systems, in the estimated amount of$200,000.00 for fiscal year 2021. City Council Regular Meeting—Nov.9,2020 Q. Consideration and Possible Action - Resolution No. R2020-245 - A Resolution of the City Council of the City of Pearland, Texas, clarifying the City's participation in the Criminal Justice Division General Victim Assistance Direct Services Grant Program. R. Consideration and Possible Action -The appointment of Kenneth R. Phillips to Position No. 3, with the term expiring November 1, 2022, the appointment of Henry Fuertes to Position No. 4 with a term expiring November 1, 2022, the appointment of Michael Slevens to Position 5 with a term expiring November 1, 2022, and the appointment of David Selsky to Position 6 with a term expiring November 1, 2021 to serve on the Pearland TIRZ Board #2. S. Consideration and Possible Action -The appointment of Richard Rogers to Position 6 for a 3-year term expiring November 1, 2023 to serve on the Convention and Visitors Bureau Advisory Board. Councilmember Carbone made the motion, seconded by Mayor Pro-Tern Little, to approve Consent Items A through S, with the exception of Items C, E, and I. AYES: Carbone, Little, Moore, Perez, Owens. NAYS: None. The motion carried. MATTERS REMOVED FROM CONSENT AGENDA: C. Consideration and Possible Action - Resolution No. R2020-241 - A Resolution of The City Council of the City of Pearland, Texas, adopting an Amended Investment Policy, Investment Strategy and approved Brokers in accordance with Chapter 2256 of the Government Code ("Public Funds Investment Act"). Councilmember Perez made the motion, seconded by Councilmember Moore, to approve Resolution No. R2020-241. AYES: Carbone, Little, Moore, Perez. NAYS: Owens The motion carried. Resolution No. R2020-241 is adopted. E. Consideration and Possible Action Resolution No. R2020-239 - A Resolution of the City Council of the City of Pearland,Texas, awarding a unit supply bid for the purchase of Fire Department medical supplies to Henry Schein Medical, in the estimated amount of$65,000 for the period of November 13, 2020 through November 12, 2021. Councilmember Carbone made the motion, seconded by Councilmember Owens, to approve Resolution No. R2020-239. AYES: Carbone, Moore, Little, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2020-239 is adopted. City Council Regular Meeting—Nov.9,2020 I. Consideration and Possible Action - Resolution No. R2020-230 - 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 with the Texas Department of Information Resources (DIR) for the purchase of phone related services from AT&T, in the estimated amount of$130,800.00 for fiscal year.2021. Councilmember Carbone made the motion, seconded by Councilmember Perez, to adopt Resolution No. R2020-230. AYES:.Carbone, Moore, Little, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2020-230 is adopted. NEW BUSINESS: 1. Consideration and Possible Action — First Reading of Ordinance No. 532-7 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 532, the Flood Damage Prevention Ordinance; providing a penalty for violation; having a savings clause, a repealer clause, a severability clause; providing for publication and an effective date. Mayor Pro-Tern Little made the motion, seconded by Councilmember Moore to approve the First Reading of Ordinance No. 532-7. AYES: Carbone, Little, Moore, Perez, Owens. NAYS: None. The motion carried. 2. Consideration and Possible Action -Resolution No. R2020-234-A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract for the Shadow Creek Ranch Park Project '(Phase II), to Forney Construction, LLC., in the amount of$4,552,384.78. Councilmember Moore made the motion, seconded by Mayor Pro-Tern Little, to approve Resolution No. R2020-234. AYES: Carbone, Moore, Little, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2020-234 is adopted. 3. Consideration and Possible Action -Resolution No. R2020-235 -A Resolution of the City Council of the City of Pearland, Texas, authorizing a construction materials testing contract with QC Laboratories, Inc., in the estimated amount not to exceed • $64,700.00, for the Shadow Creek Ranch Park Project (Phase II). Councilmember Perez made the motion, seconded by Councilmember Moore, to approve Resolution No. R2020-235. City Council Regular Meeting—Nov.9,2020 • AYES: Carbone, Moore, Little, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2020-235 is adopted. 4. Consideration and Possible Action -Resolution No. R2020-242 -A Resolution of the City Council of the City of Pearland, Texas, authorizing the purchase of lighting equipment from Musco Sports Lighting, LLC, in the amount of$1,210,500.00 for the -- Shadow Creek Ranch Sports Complex (Phase II). Councilmember Owens made the motion, seconded by Councilmember Moore, to approve Resolution No. R2020-242. AYES: Carbone, Moore, Little, Perez, Owens. NAYS: None. The motion carried. Resolution No. 2020-242 is adopted. 5. Consideration and Possible Action -Resolution No. R2020-246 -A Resolution of the City Council of, the City of Pearland, Texas, authorizing the purchase and installation of Synthetic ,Turf and shock pad components from Paragon Sports Constructors, LLC, in the amount of $1,314,144.00 for the Shadow Creek Ranch Sports Complex (Phase II). Councilmember Carbone made the motion,seconded by Mayor Pro-Tern Little,to approve Resolution No. R2020-246. AYES: Carbone, Moore, Little, Perez, Owens. NAYS: None. The motion carried. Resolution No. 2020-246 is adopted. 6. Consideration and Possible Action — First Reading of Ordinance No. 2000M-206 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 2000M-206, the zoning map of the City of Pearland, Texas, for the • purpose of changing the classification of certain property, being all of Tract (1): A tract of land containing 105.057 acres (4,576,272 square feet), located within the H. Stevens Survey, Abstract 593 in Brazoria County, Texas; Said 105.057 acres tract being a portion of a called 138.83-acre tract recorded in the name of Margurite Massey Smith Charitable Remainder Trust U.A. in Brazoria County Clerk's File No. 2010013347; being all of Tract(2): A tract of land containing 33.298 acres (1,450,469 square feet), located within the H. Stevens Survey,Abstract 593 in Brazoria County, Texas; Said 33.298-acre tract being a portion of a called 138.83-acre tract recorded in the name of Margurite Massey Smith Charitable Remainder Trust U.A. in Brazoria• County Clerk's File No. 2010013347; being all of Tract(3): A tract of land containing 14.952 acres (651,290 square feet), located within the H. Stevens Survey, Abstract 593 in Brazoria County, Texas; Said 14.952-acres tract being a portion of a called 5.00-acre tract recorded in the name of Lois Winifrede Summers in Volume 1775, Page 250 of the Brazoria County Deeds Records, all of a called 5.00-acre tract recorded in the name of William Stephen Summers and wife, Lois Winifrede Summers in Volume 1318, Page 700 of the Brazoria County Deeds Records; and•a City Council Regular Meeting—Nov.9, 2020 • portion of a called 5.00-acre tract recorded in the name of Lois Winifrede Summers in Volume 1775, Page 248 of the Brazoria County Deeds Records; being all of Tract (4): A tract of land containing 55.539 acres (2,419,282 square feet), located within the H. Stevens Survey, Abstract 593 in Brazoria County, Texas; Said 55.539-acres tract being all of a called 10.55-acre tract recorded in the name of Lois Smith Summers in Brazoria County Clerk's File No. 2013052681, and all of 45.00 acre tract recorded in the name of Lois Smith Summers in Brazoria County Clerk's File No. 2013052682; being all of Tract (5): A tract of land containing 3.159 acres (137,584 square feet), located within the H.Stevens Survey, Abstract 593 in Brazoria County, Texas; Said 3.159-acres tract being a portion of a called 4.45-acre tract recorded in the name of Lois Smith Summers in Brazoria County Clerk's File No. 2013052682; being all of Tract (8A): A tract of land containing 72.279 acres (3,148,490 square feet), located within the C.W. Groos Survey,Abstract 525 in Brazoria County,Texas; Said 72.279-acres tract being a portion of a called 160-acre tract recorded in the name of Richard Rogers in Volume 103, Page 371 of the Brazoria County Deeds Records; being all of Tract (8B): A tract of land containing 72.584 acres (3,161,737 square feet), located within the C.W.Groos Survey,Abstract 525 in Brazoria County, Texas; Said 72.584-acres tract being a portion of a called 160-acre tract recorded in the name of Richard Rogers in Volume 103, Page 371 of the Brazoria County Deeds Records (South side • of McKeever Road (County Road 100), beginning approximately 2900 feet east of FM 1128, extending east to the southwest corner of the intersection of McKeever and Harkey Roads). Zone Change Application No. ZONE 20-00006, a request by Alan Mueller, applicant, on behalf of Massey Oaks Development LP, owner, for approval of amendments to the Massey Oaks Planned Development District, a single-family residential development, on approximately 356.868 acres of land; providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Mayor Pro-Tem Little made the motion, seconded by Councilmember Moore, to approve • the First Reading of Ordinance No. 2000M-206. • AYES: Carbone, Moore, Little, Perez, Owens. NAYS: None. The motion carried. 7. Consideration and Possible Action - First Reading of Ordinance No. 2000T-33 -An Ordinance of the City Council of the City of Pearland, Texas, amending selected provisions of the Unified Development Code,to include: (1)Amendments to Section 2.4.4.7(d) and Section 2.4.4.8(d), to allow for greater building heights within the Light Industrial (M-1)and Heavy Industrial (M-2)zoning districts in conjunction with providing greater building setbacks measured from property boundaries; (2) Amendments to Sections 2.4.3.1.(I), 2.4.4.1(k), 2.4.4.3(g), 2.4.5.1(h) 4.2.1.3(p), to establish maximum height for outdoor lighting and maximum intensity for outdoor lighting at the property boundaries of non-residential zoning districts abutting residential zoning districts; (3) Amendments to Section 4.2.4.1(a) Screening Nonresidential and Multiple-Family Screening Required (New Construction), to include, regulations of required screening materials and density of plantings; (4) Amendments to Section 4.2.4.1 — Screening, to allow detentions ponds to occupy no more than 50% of required landscape buffers adjacent to residential zoning City Council Regular Meeting—Nov.9, 2020 districts; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Mayor Pro-Tern Little made the motion, seconded by Councilmember Moore to approve the First Reading of Ordinance No 2000T-33. AYES: Carbone, Moore, Little, Perez, Owens. NAYS: None. The motion carried. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION: None. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. 551.071 - Consultation with City Attorney -Consultation with City Attorney regarding legal advice associated with extraterritorial jurisdiction boundaries. 2. 551.087- Economic Development Negotiations - Input and discussion regarding economic development negotiations. 3. 551.074 - Personnel Matters - Regarding an appointment to the Pearland Economic Development Corporation. 4. 551.074 - Personnel Matters - Regarding an appointment to the Planning and Zoning Commission. Council adjourned into Executive Session at 7:51 p.m. Council returned from Executive Session at 8:35 p.m. NEW BUSINESS CONTINUED: 8. Consideration and Possible Action - Regarding economic development negotiations. Perez made a motion, seconded Councilmember Owens made the motion, seconded Councilmember Moore, as recommended by City Attorney Darrin Coker, to authorize an amendment to a loan agreement with Pearland Economic Development Corporation Prospect 2022 as discussed in executive session. AYES: Carbone, Little, Moore, Perez, Owens. NAYS: None. Motion carried. OTHER BUSINESS: None. City Council Regular Meeting—Nov.9, 2020 ADJOURNMENT Mayor Reid adjourned the meeting at 8:40 p.m. Minutes approved as submitted and/or corrected this the 23rd day of November 2020. . evin Cole Mayor ATT : Cry al Roan TRMC, pMC City Secretary City Council Regular Meeting—Nov.9,2020