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2021-06-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 14, 2021 VIA TELEPHONENIDEO-CONFERENCE AT 6:30 PM, IN PEARLAND CITY HALL COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER Mayor J. Kevin Cole called the meeting to order at 6:34 p.m. II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG AND TEXAS FLAG Mayor J. Keven Cole gave the Invocation and Councilmember Alex Kamkar led the Pledge of Allegiance to the United States of America Flag and the Texas Flag. I11. ROLL CALL AND CERTIFICATION OF QUORUM Mayor J. Kevin Cole Councilmember Luke Orlando Councilmember Tony Carbone Councilmember Alex Kamkar Councilmember J. David Little Councilmember Trent Perez Councilmember Woody Owens City Manager Clay Pearson City Attorney Darrin Coker City Secretary Crystal Roan Mayor Pro-Tem Adrian Hernandez was absent from roll call. Mayor Pro-Tem Hernandez arrived by videoconference at 7:15 p.m. to the Council Meeting. IV. CITIZEN COMMENTS Renee McGuire, 7918 Broadway Street, Suite 104, Pearland, Texas 77581, addressed the Council stating her concerns regarding proposed Resolution No. R2021-121, which directs staff to prepare an election measure for submission to the voters at the November 2, 2021 election, which seeks authorization to establish a Municipal Drainage Utility System pursuant to Texas Local Government Code Chapter 552. She also stated her concerns regarding utility billing and her concerns with the two Council Input and Discussion Items; appropriation of the Police Department budget and the City of Pearland's process for selecting consulting firms. City of Pearland Fire Captain Zach Ward, 2703 Veterans Dr., Pearland, Texas 77581, addressed the Council stating his concerns regarding the classification and compensation study completed by Evergreen, LLC. Betty Odish addressed the Council stating her concerns regarding the local option coalition's lack of transparency. Pearland City Council Regular Meeting Minutes June 14, 2021 City of Pearland Police Officer Association President Adam Carole addressed the Council stating his concerns regarding the classification and compensation study completed by Evergreen, LLC. Veronica Longoria, 2907 Julie Ann Drive, Pearland, Texas 77584, addressed the Council stating her concerns regarding the 51 % rule, new apartments in Pearland, and the Alvin Texas Department of Transportation elevated highway. V. PUBLIC HEARING NO. 1 Public Hearing - Public hearing and commencement of the public comment period on the FY 2022 Community Development Block Grant (CDBG) allocation from the U.S. Department of Housing and Urban Development: CDBG Award No. B-21-MC-48-0400 - $455,947. Grants/Special Projects Administrator Joel Hardy gave an overview. Mayor Cole called for citizen comments for or against the request. There were none. VI. PUBLIC HEARING NO. 2 Public Hearing: A request by Anthony E. Eaddy, applicant and owner, for approval of a Conditional Use Permit (CUP) for Accessory Dwelling located within the Residential Estate (R-E) District, to accommodate the construction of a 1,600-square foot dwelling unit to serve a private living quarters for grandparents, on approximately 2.439 acres of land; to wit: Legal Description: Being all of Lot 2, Block 1 of the Amended Plat of Lot 6, Block 1 of Hickory Place Subdivision, a subdivision in the City of Pearland, Brazoria County, Texas, according to the map or plat recorded under Clerk's File No. 2016051080 in the Plat Records of Brazoria County, Texas. General Location: 2317 Bryan Court, Pearland, Texas. Senior Planner Mohamed Bireima gave an overview. Mayor Cole called for citizen comments for or against the request. There were none. VII. NEW BUSINESS 1. Consideration and Possible Action - Resolution No. R2021- CUP21-00013 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Accessory Dwelling use located within the Residential Estate (R-E) District, on approximately 2.439 acres of land; being all of Lot 2, Block 1 of the Amended Plat of Lot 6, Block 1 of Hickory Place Subdivision, a subdivision in the City of Pearland, Brazoria County, Pearland City Council Regular Meeting Minutes June 14, 2021 Texas, according to the map or plat recorded under Clerk's File No. 2016051080 in the Plat Records of Brazoria County, Texas (Located at 2317 Bryan Court, Pearland, Texas). Conditional Use Permit Application No CUP21-00013, for Accessory Dwelling use located within the Residential Estate (R-E) District, at the request of Anthony E. Eaddy, applicant and owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Carbone made the motion, seconded by Councilmember Perez, to adopt Resolution No. R2021-CUP21-00013 Councilmember Little made the motion, seconded by Mayor Pro-Tem Hernandez, to strike the condition recommended by the Planning & Zoning Commission stating no compensation can be received on the tertiary structure. AYES: Little, Hernandez, Orlando, Carbone, Kamkar, Owens. NAYS: Perez. The motion carried. Mayor Cole called for the vote on the original motion as amended. AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Owens. NAYS: Perez. The motion carried. Resolution No. R2021-CUP21-00013 is adopted as amended. VIII. PUBLIC HEARING NO. 3 Public Hearing: A request by A. Ron Thrower, applicant, on behalf of Amreit SPF Shadow Creek LP, owner, for approval of a Conditional Use Permit (CUP) for Liquor/Package Store located within the General Commercial (GC) District, to accommodate a liquor retail store within a corner tenant space of the HEB shopping center, on approximately 0.094 acres of land; to wit: Legal Description: Being 0.094 acres (approximately 4,084 square feet), being a portion of Lot 2, Block 3, Fourth Amending Plat of Shadow Creek Town Center, an addition of record according to the plat recorded in Document No. 2019016526 of the Official Public Records of Brazoria County, Texas. General Location: 2803 Business Center Drive, Suite 127, Pearland, Texas. Senior Planner Mohamed Bireima gave an overview. Ron Thrower, Applicant, and Sylvia Lunce, representative for Twin Liquors, gave an overview of the request. Pearland City Council Regular Meeting Minutes June 14, 2021 Mayor Cole called for citizen comments for or against the request. There were none. IX. NEW BUSINESS 2. Consideration and Possible Action - Resolution No. R2021- CUP21-00011 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) to allow a liquor/package store within the General Commercial (GC) District, on approximately 0.094 acres (approximately 4,084 square feet), being a portion of Lot 2, Block 3, Fourth Amending Plat of Shadow Creek Town Center, an addition of record according to the plat recorded in Document No. 2019016526 of the Official Public Records of Brazoria County, Texas (2803 Business Center Drive, Suite 127, Pearland, Texas); Conditional Use Permit Application No CUP20-00011, within the General Commercial (GC) District, at the request of A. Ron Thrower, applicant, on behalf of Amreit SPF Shadow Creek, LP, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Orlando made the motion, seconded by Councilmember Perez, to adopt Resolution No. R2021-CUP21-00011. AYES: Orlando, Perez, Hernandez, Carbone, Kamkar, Little. NAYS: Owens. The motion carried. Resolution No. R2021-CUP21-00011 is adopted. X. CONSENT AGENDA A. Consideration and Possible Action - Approval of Minutes City Council Special Meeting Minutes - May 14, 2021 City Council Special Meeting Minutes - May 15, 2021 City Council Regular Meeting Minutes - May 24, 2021 B. Consideration and Possible Action - Resolution No. R2021-78 - A Resolution of the City Council of the City of Pearland, Texas, awarding a design build contract for the Parks Equipment Recapitalization Irrigation Project (Phase I Services), to Landscape Art, Inc., in the amount of $55,344.75. C. Consideration and Possible Action - Resolution No. R2021-105 - A Resolution of the City Council of the City of Pearland, Texas, authorizing an Advanced Funding Agreement with the State of Texas, in the amount of $70,000.00, for the Liberty Drive/FM 518 Traffic Signal Project. D. Consideration and Possible Action - Resolution No. R2021-109 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in the Texas BuyBoard cooperative purchasing program for the lease -purchase of Fitness Equipment from Johnson Health Tech North America dba Matrix Fitness, in the amount of $187,380.00. Pearland City Council Regular Meeting Minutes June 14, 2021 E. Consideration and Possible Action - Resolution No. R2021-128 - A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract for the Hughes Ranch Road Fiber Optic Project, to One Global Telecom, in the amount of $239,999.58. F. Consideration and Possible Action - Resolution No. R2021-117 - A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply contract for the purchase of Police Department firearm ammunition from Precision Delta Corporation, in the estimated amount of $60,372.82. G. Consideration and Possible Action - Resolution No. R2021-118 - A Resolution of the City Council of the City of Pearland, Texas, renewing a service contract for Preventative Maintenance and Repairs associated with HVAC Systems and Ice Machines with TD Industries, in the estimated amount of $272,450.00, for the period beginning July 1, 2021 through June 30, 2022. H. Consideration and Possible Action - Resolution No. R2021-124 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with LEAF Engineers for design services associated with the Cowart's Creek Pump Station Generator Project, in the estimated amount of $63,040.00. Consideration and Possible Action - Resolution No. R2021-126 - A Resolution of the City Council of the City of Pearland, Texas, ratifying and amending a contract with Pearland Animal Hospital to ratify additional expenditures of $15,000.00 (total contract amount of $60,000.00); extending the existing contract term for an additional 30 day period; and renewing a contract for municipal veterinary services with Pearland Animal Hospital, in the estimated amount of $60,000.00; for the period of June 1, 2021 through May 31, 2022. J. Consideration and Possible Action - Resolution No. R2021-120 - A Resolution of the City Council of the City of Pearland, Texas approving the Amended bylaws of the Pearland Library Board. K. Consideration and Possible Action — Second Reading of Ordinance No. 1600 - An ordinance of the City Council of the City of Pearland, Texas authorizing issuance of City of Pearland, Texas, Water and Sewer System Revenue and Refunding Bonds, Series 2021B; prescribing the terms and conditions thereof; providing for the payment thereof; establishing parameters with respect to the sale of the bonds; authorizing the preparation and distribution of an official statement to be used in connection with the sale of the bonds; making other provisions regarding such bonds and matters incident thereto; authorizing execution and delivery of a paying agent/registrar agreement; and containing other matters related thereto. L. Consideration and Possible Action - Resolution No. R2021-129 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a planning services contract with Kimley-Horn, associated with the Comprehensive Plan Update, in the estimated amount of $233,300.00. Pearland City Council Regular Meeting Minutes June 14, 2021 Councilmember Kamkar made the motion, seconded by Councilmember Perez, to adopt Consent Agenda Items A through L, with the exception of Consent Agenda Items D and L. AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. XI. NEW BUSINESS CONTINUED 3. Consideration and Possible Action - Resolution No. R2021-125 - A Resolution of the City Council of the City of Pearland, Texas, adopting the City of Pearland Strategic Priorities developed during the City's 2021 Governing Body Strategic Planning Retreat. Councilmember Little made the motion, seconded by Councilmember Perez, to adopt Resolution No. R2021-125. AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2021-125 is adopted. 4. Consideration and Possible Action- Resolution No. R2021-121 - A Resolution of the City Council of the City of Pearland, Texas, directing staff to prepare an election measure, for submission to the voters at the November 2, 2021 election, seeking authorization to establish a Municipal Drainage Utility System pursuant to Texas Local Government Code Chapter 552 ("Code"). Councilmember Perez made the motion, seconded by Councilmember Little, to adopt Resolution No. R2021-121. Councilmember Kamkar made the motion, seconded by Councilmember Orlando, to amend the election date strike November 2, 2021 election and replace with May 7, 2022 election. AYES: Perez, Hernandez, Orlando, Carbone, Kamkar, Owens. NAYS: Little. The motion carried. Mayor Cole called for the vote on the original motion as amended. AYES: Hernandez, Orlando, Kamkar, Perez, Owens. NAYS: Carbone, Little. The motion carried. Resolution No. R2021-121 is adopted as amended. 5. Consideration and Possible Action - Resolution No. R2021-122 - A Resolution of the City Council of the City of Pearland, renewing the Pearland City Council Regular Meeting Minutes June 14, 2021 employee health insurance benefits for stop loss and administration services with Cigna, renewing employee dental insurance with Cigna, and renewing employee vision plan benefits with UNUM and awarding the flexible spending account toWEX/Discovery for fiscal year 2021-2022. Mayor Pro-Tem Hernandez left the meeting at 9:08 p.m. Mike Weaver, Hub International, gave a brief presentation regarding the City's health and wellness services. Councilmember Owens made the motion, seconded by Councilmember Perez, to adopt Resolution No. R2021-122. AYES: Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2021-122 is adopted. 6. Consideration and Possible Action — Second Reading of Ordinance No. 1601 - An ordinance of the City Council of the City of Pearland, Texas, authorizing the issuance of City of Pearland, Texas, permanent improvement bonds in one or more series; setting certain parameters for the bonds; 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 Councilmember Little, to adopt Ordinance No. 1601. AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. Ordinance No. 1601 is adopted. 7. Consideration and Possible Action - Resolution No. R2021-116 - 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 Choice Partners Cooperative for the purchase of library furnishings, in the amount of $1,143,505.12, from Library Interiors of Texas. Councilmember Orlando made the motion, seconded by Councilmember Perez, to adopt Resolution No. 2021-116. Councilmember Kamkar made the motion, seconded by Councilmember Carbone, to postpone this item to the June 28, 2021, City Council Regular Meeting. AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. Pearland City Council Regular Meeting Minutes June 14, 2021 8. Consideration and Possible Action - Resolution No. R2021-127 - A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract for the Water Production Rehabilitation Project, to C3 Constructors, in the amount of $627,000.00. Councilmember Kamkar made the motion, seconded by Councilmember Perez, to adopt Resolution No. R2021-127. AYES: Orlando, Carbone, Kamkar, Little, Perez. NAYS: None. The motion carried. 9. Consideration and Possible Action — First Reading of Ordinance No. 537- 1 - An Ordinance of the City Council of the City of Pearland, Texas repealing Article IV, Records and Information Management, of Chapter 2 of the Code of Ordinances and adopting a new Article IV, Records and Information Management, of Chapter 2 of the Code of Ordinances; providing for a penalty; having a savings clause; a severability clause, and a repealer clause; and providing for codification. Councilmember Little made the motion, seconded by Councilmember Perez, to approve the First Reading of Ordinance No. 537-1. AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. 10. Consideration and Possible Action - First Reading of Ordinance No. 187-4 - An Ordinance of the City Council of the City of Pearland, Texas, amending Chapter 15, Article II, Library Board, of the City of Pearland Code of Ordinances, as it may have been, from time to time amended; and containing other matters relating to the subject; having a savings clause, a repealer clause, a severability clause; providing for codification, publication and an effective date. Councilmember Perez made the motion, seconded by Councilmember Little, to approve the First Reading of Ordinance No. 187-4. AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. XII. MATTERS REMOVED FROM CONSENT AGENDA D. Consideration and Possible Action - Resolution No. R2021-109 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in the Texas BuyBoard cooperative purchasing program for the lease -purchase of Fitness Pearland City Council Regular Meeting Minutes June 14, 2021 Equipment from Johnson Health Tech North America dba Matrix Fitness, in the amount of $187,380.00. Councilmember Owens made the motion, seconded by Councilmember Perez, to adopt Resolution No. R2021-109. AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2021-109 is adopted. L. Consideration and Possible Action - Resolution No. R2021-129 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a planning services contract with Kimley-Horn, associated with the Comprehensive Plan Update, in the estimated amount of $233,300.00. Councilmember Orlando made the motion, seconded by Councilmember Little, to adopt Resolution No. R2021-129. AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2021-129 is adopted. XIII. OTHER BUSINESS There was none. XIV. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION 1. Council Input and Discussion: Regarding comparison of the appropriation to the Police Department budget adopted for the fiscal year prior to September 1, 2021 and the preceding fiscal years. Council and Staff discussed this item. No action taken. 2. Council Input and Discussion: Regarding the selection process currently used by the City for selection of consulting firms for the City of Pearland. Council and Staff discussed this item. No action taken. XV. ADJOURNMENT Mayor Cole adjourned the meeting at 10:47 p.m. Minutes approved as submitted and/or corrected this the 28th day of June, 2021. Pearland City Council Regular Meeting Minutes June 14, 2021 Pearland City Council Regular Meeting Minutes June 14, 2021 .L. . Kevin Cole Mayor tal Roan, TRMC, CMC City Secretary Pearland City Council Regular Meeting Minutes June 14, 2021