2021-04-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A CITY COUNCIL MEETING OF THE CITY OF PEARLAND, TEXAS,
HELD ON APRIL 12, 2021 AT 6:30 PM, IN PEARLAND CITY HALL COUNCIL
CHAMBERS, 3519 LIBERTY DRIVE, E, PEARLAND, TEXAS.
1. CALL To ORDER
Mayor J. Kevin Cole called the meeting to order at 6:32 p.m.
II. IIVOATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
Councilmember Tony Carbone gave the Invocation and Councilmember 3. David Little
led the Pledge of Allegiance to the United States of America Flag and the Texas Flag.
111. ROLL CALL AND CERTIFICATION OF QUORUM
Mayor
Mayor Pro -Term
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
Deputy City Secretary
J. Kevin Cole
Adrian Hernandez
Luke Orlando
Tony Carbone
Alex Kamkar
J. David Little.
Trent Perez
Woody Owens
Clay Pearson
Darrin Coker
Renee Cross
IV. CITIZEN COMMENTS
Flor Ce altos, 5226 Meadow Place Dr., La Porte, Texas, 77571, 1, spoke on behalf of her
family regarding the death of her brother.
II Iyrtis Arseno, 1019 E Brompton Drive, spoke regarding the replacement of a storage
water tank in her neighborhood.
V. CONSENT AGENDA
A. Consideration and Possible Action - Approval of Minutes
City Council Regular Meeting Minutes - February 22, 2021
City Council Strategic Workshop Minutes - February 27, 2021
City Council Regular Meeting Minutes - March 1, 2021
City Council and Planning and Zoning Commission Joint Special
Workshop Minutes - March 15, 2021
City Council and Planning and Zoning Commission Joint Special Public
Hearing Minutes- March 15, 2021
City Council and Planning and Zoning Commission Joint Special Meeting
Minutes - March 15, 2021
City Council Regular Meeting Minutes - March 22, 2021
Pearland City Council Minutes
B. Consideration and Possible Action - Resolution No. R2021-50 -
Fsolution of the City Council of the City of Pearland, Texas, awarding a
unit cost contract for property acquisition and relocation services to Right -
of -Way Solutions LLC.
C. Consideration and Possible Action - Resolution No. R2021-67 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
unit supply bid for rough cut, open ditch and bridge grounds maintenance
services with Lawnscapes Unlimited, in the estimated amount of
$231,475.00, for the period of April 17, 2021 through April 16; 2022.
D. Consideration and Possible Action - Resolution No. R2021-68 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
unit supply bid for landscape maintenance services (water production,
water reclamation and lift station grounds) with Cornerstone, Maintenance
and Landscaping, in the estimated amount of $93,686.96, for the period of
April 18, 2021 through April 17, 2022.
E. Consideration and Possible. Action on the First Reading of Ordinance No.
1023-10 - An Ordinance of the City Council of the City of Pearland, Texas,
amending development and permit fees; -containing a savings clause, a
severability clause and a repealer clause; providing for publication and an
} effective date.
F. Consideration and Possible Action - Resolution. No. R2021-69 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
Unit Supply Contract for Public Works chemical reagents, instrumentation
and supplies with USA Bluebook, in the estimated amount of $'140,000.00,
beginning April 22, 2021 through April 21, 2022.
G. Consideration and Possible Action - Resolution No. R2021-63 -
R solution of the City Council of the City of Pearland,. Texas ("city")
regarding the application of Centerpoint Energy Resources Corp., Texas
Coast Division, to increase rates under the gas reliability infrastructure
program; suspending the effective date of this rate application for forty-
five days; authorizing the City to continue to participate in a coalition of
cities known as the "Texas Coast Utilities Coalition" of cities; determining
that the meeting at which the resolution was adopted complied with the
Texas Open Meetings Act; making such other findings and provisions
related to the subject; and declaring an effective date.
H. Consideration and Possible Action - Resolution No. R2021-74 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
contract for construction management with Cobb, ,Fendley & Associates,
in the additional amount of $191,174.00 (total contract amount of
$1,678,881.73), associated with the Hughes Ranch Road. Project.
Pearland City Council Minutes
April 12, 2021
Councilmember Orlando made the motion, seconded by Councilmember Little,
to adopt Consent Agenda Items A through H.
AYES: Orlando, Little, Hernandez, Carbone, Kamkar, Perez, and Owens.
NAYS: None.
The motion carried.
VI. NEW BUSINESS
1. Consideration and Possible Action First Reading of Ordinance No. 528-9
-An Ordinance of the City Council of the City of Pearland, Texas repealing
Chapter 6, Animals and Fowl, of the City of Pearland Code of Ordinances
in its entirety, as it may have been amended from time to time, and
adopting a new Chapter 6, Animals; having a savings clause; severability
clause; having a repealer clause; providing for codification; and providing
'an effective date and for publication.
Councilmember Carbone made the motion, seconded by Councilmember Little,
to approve the First Reading of Ordinance No. 528-9.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, and Owens.
NAYS: None.
The motion carried.
2. Consideration and Possible Action — First Reading of Ordinance No.
2000M-208 - An Ordinance of the City Council of the City of Pearland,
Texas, amending Ordinance No. 2000M, the zoning map of the City of
Pearland, Texas for the purpose of changing the classification of certain
property, being: Tract 1): Tract of land containing 106.067 acres (4,675,272
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.
Tract (2): 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. Tract (3): 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 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. Tract (4):
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
Pearland City Council Minutes
April 12, 2021
66.539 -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. 2013962632. Tract (5): 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 4.46 -acre tract recorded in the name of
Lois Smith Summers in Brazoria County Clerk's Fite No. 2013052682. Tract
(BA): Tract of land containing 72.279 acres ($,148,490 square feet), located
within the C.W. Groos Survey, Abstract 526 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. Tract (8B): Tract of land containing 72.654 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). A request by Alan Mueller, applicant, on
behalf of Massey Oaks Development LP, owner, for approval of a Planned
Development Amendment to the Massey Oaks Planned Development
District, to accommodate modifications to the tree mitigation Credit and
street tree planting standards, on .approximately 366.669 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 fo the subject.
Alan Mueller, 4201 Broadway, Peal -land, Texas 77581, representing Massey
Oaks, spoke regarding New Business Item No. 2 and stated he was available to
answer any questions.
Mayor Pro -Tem Hernandez made the motion, seconded by Councilmember
Perez, to approve the First Reading of Ordinance No. 2000M-208.
AYES: Hernandez, Orlando, Carbone,. Kamkar, Little, Perez, and Owens.
NAYS: None.
The motion carried.
3. Consideration and Possible Action — First Reading of ordinance No.
2000T-34 - An Ordinance of the City Council of the City of Pearland, Texas,
for the purpose of amending to the Unified Development Code of the City
of Pearland, Texas, Ordinance No. 2000T, to include the following: 1)
Amendments to Chapter 2 (section 2.2.2.1 (d)(1)) of the UDC, to decrease
the minimum area and contiguity requirements for establishing PD district
for Residential or Mixed Use within the Old Townsite Zoning Districts from
the currently minimum requirement of five (5) or three (3) acres of
contiguous land area to one (1) acre of non-contiguous land. 2)
Amendments to Chapter 1 (including Section 1.2.2.2. and 1.2.3.6)' and
Pearland City Council Minutes
April 12, 2021
Chapter 2 (including Section 2.2.1.3., 2.2.2.4., and 2.2.3.3.) of the UDC to
change the current format of the Joint Public Hearing and Joint Special
Meeting to accommodate separate public meetings or hearings for land
use applications or plans by the Planning and Zoning Commission and the
City Council; containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
Councilmember Kamkar made the motion, seconded by Councilmember Little,
to approve the First Reading of Ordinance No. 2000T-34.
AYES: Hernandez, Orlando, Carbone, Littre, Perez, and Owens.
NAYS: Kamkar.
The motion carried.
4. Consideration and Possible Action - Resolution- No. R2020-117.4 - A
Resolution of the City Council of the City of Pearland, Texas, amending the
City's OV1-19 Community impact Recovery Plan.
Councilmember Little made the notion, seconded by Mayor Pro -Tem
Hernandez, to adopt Resolution No. R2020-117.4.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, and Owens.
NAYS: None.
The motion carried. Resolution No. R2020-117.4 is adopted.
. Consideration and Possible Action- Resolution No. R2021-7 -
Resolution of the City Council of the City of Pearland, Texas, supporting
the submission of local Community Projects for federal funding, by
Congressman Troy Nehls, to the United States House of Representatives
Committee on Appropriations.
Councilmember Perez made the motion, seconded by Mayor Pro -Tem
Hernandez, to amend Resolution No. R2021-7 to only seek funding for the
Smith Ranch Road projects.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, and Owens.
NAYS: None.
The motion carried.
Councilmember Perez made the motion, seconded by Councilmember Little, to
adopt Resolution No. R2021-75, as amended.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, and Owens.
NAYS: None.
The motion carried. Resolution R2021-75 is adopted.
6. Consideration and Possible Action - Resolution No. R2021-72 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
Pearland City Council Minutes
April 12, 2021
construction services contract for the Sleepy Hollow Street
Reconstruction, Waterline and Sanitary Sewer Rehabilitation .Project to
Teamwork Construction Services, Inc., in the amount of $1,878,574.00.
Councilmember Owens made the motion, seconded by Councilmember Perez,
to adopt Resolution lution No. R2021-72.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, and Owens.
NAYS: None.
The motion carried. Resolution No. R2021-72 is adopted.
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7. f Consideration and Possible Action - Resolution No. R2021-66 -
lesolution of the City council of the City of Pearland, Texas, awarding a
construction services contract for the Royal Oaks Lift Station Project, to
Nerie Construction, in the amount of $636,790.00.
Councilmember Orlando made the motion, seconded by Councilmember Little,
to adopt Resolution No. R2021-66.
AYES: Hernandez, Orlando, Carbone, Kamkar, ar, Little, Perez, and Owens.
NAYS: None.
The motion carried. Resolution No. R2021-66 is adopted.
8. Consideration and Possible Action - Resolution No. R2021-21 - 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 Houston -Galveston Area Council `1 -IAC for
the purchase of two units of heavy equipment, in the amount of
$487,060,90, from ASCO Equipment.
Mayor Pro -Tem Hernandez made the motion, seconded by Counciimember
Little, to adopt Resolution No. R2021-21.
AYES: Hernandez,' Orlando, Carbone, Kamkar, ar, Little, Perez, and Owens.
NAYS: None.
The motion carried. Resolution No. R2021-21 is adopted.
9. consideration and Possible Action - Resolution No. R2021-66 -
Resolution of the City Council of the City of Pearland, Texas, amending the
City Council Rules and Order of Business ("Rules") as guidelines for the
organization and governance of the City Council.
Jimmy Davis, 5004 Colmsneil St., spoke regarding New Business Item No. 9.
He thanked the Mayor for adding thatiagenda item to allow for transparency. He
stated his concerns regarding fiscal transparency and costs associated for public
information requests.
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Pearland City Council Minutes
April 12, 2021
Councilmember r Carbone made the motion, seconded by Councilmember Little,
to adopt Resolution No. R2021-65.
AYES: Carbone and Owens.
NAYS: Hernandez, Orlando, Kamkar, Little, and Perez.
The motion failed.
Vil. MATTERS REMOVED FROM CONSENT AGENDA
There was none.
VIII. OTHER BUSINESS
There was none.
IX. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There was none.
X. EXECUTIVE SESSION UNDER TEXAS GOVERNiMENT CODE
1. section 651.074 - Personnel Matters - Regarding City Council ratification
of the City Manager's appointment of the Director of Human Resources.
Council adjourned into Executive Session at 8:09 p.m.
Council returned from Executive Session at 8:19 p.m.
X1 NEW BUSINESS CONTINUED
10. consideration and Possible Action - Regarding City Council ratification of
the City Manager's appointment of the Director of Human Resources.
Councilmember Perez made the motion, seconded by Councilmember Little, to
ratify the City Manager's appointment of the Director of Human Resources.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, and Owens.
NAYS: None.
The motion carried.
XII. ADJOURNMENT
Mayor Cole adjourned the meeting at 8:20 p.m.
• Minutes approved as submitted and/or corrected this the 26th of April 2021.
Pearland City Council Minutes
April 12, 2021
ATTEST:
C i' t l Roan, TRMC, CMC
City Secretary
Pearland City Council Minutes
April 12, 2021
evin Cole
Mayor