2021-09-27 CITY COUNCIL REGULAR MEETING MINUTES MINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY OF PEARLAND,
TEXAS, HELD ON SEPTEMBER 27, 2021 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 6:30 p.m.
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG -
Mayor Kevin J. Cole gave the Invocation and Caroline Lipscomb led the Pledge of
Allegiance to the United States of America Flag and the Texas Flag.
III. ROLL CALL AND CERTIFICATION OF QUORUM
Mayor J. Kevin Cole
Mayor Pro-Term Adrian Hernandez
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
IV. CITIZEN COMMENTS
Christina Moore, 2916 Viva Drive, invited the public to a fundraiser benefiting the Yellow
Out campaign.
V. CONSENT AGENDA
A. Consideration and Possible Action - Resolution No. R2021-190 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit supply contract for the purchase of automotive tires, from The
Goodyear Tire and Rubber Company, through a member governmental
purchasing agreement with the Texas Buyboard, in the estimated amount
of $130,000.00, for the period of October 1, 2021 through September 29,
• 2022.
B. Consideration and Possible Action - Resolution No. R2021-203 - A
Resolution of the City Council of the City of Pearland, Texas,
approving a change order with Nerie Construction, in the amount of
$170,145.90, associated with the Piper Road Drainage Project.
C. Consideration and Possible Action - Resolution No. R2021-195 - A
Resolution of the City Council of the City of Pearland, Texas,
authorizing'the City Manager or his designee to participate in an
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Pearland City Council Regular Meeting Minutes - September 27, 2021
interlocal cooperative pricing arrangement with the Brazoria
County, for the purchase of road materials from Texas Materials
Group (formerly Century Asphalt), in the estimated amount of
$261,208,20, for the period of. September 27, 2021 through
September 26, 2022.
D. Consideration and Possible Action - Resolution No. R2021-202 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with P Squared (P2) Emulsion Plants, LLC, as a sole source
vendor, for the purchase of emulsified asphalt associated with the
recycling and application of asphalt streets, in the estimated amount of
$166,840.00, for the period of September 27, 2021 through September 26,
2022.
E. .Consideration and Possible Action - Resolution No. R2021-215 - A
Resolution of the City Council of the City of Pearland, Texas, ratifying
expenditures with TD Industries, for (HVAC) refrigeration systems
quarterly preventative maintenance services, in the additional amount of
$32,556.76 (total contract amount of$320,006.76).
F. Consideration and Possible Action - Resolution No. R2021-209 - A
Resolution of the City Council of the City of Pearland,Texas, renewing the
purchase of Workers Compensation Excess Insurance Coverage with
Midwest Employers, in the amount of $165,167.00, for the period of
October 1, 2021 through September 30, 2022.
G. Consideration and Possible Action - Resolution No. R2021-210 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into an Interlocal Agreement with
Texas Municipal League-Health Benefits Pool ("TML-HBP")to provide City
retirees and/or retirees dependents access to a Medicare Supplement
Plan.
H. Consideration and Possible Action - Resolution No. R2021-214 - A
Resolution of the City Council of the City of Pearland, Texas,
establishing the Council Meeting times and dates for 2022.
Consideration and Possible Action - R2021-219 -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 Interlocal Purchasing System (TIPS), for the purchase of audio-
visual equipment (Municipal Court) from Data Vox, Inc., in the estimated
amount of$95,155.27.
J. Consideration and Possible Action - Resolution No. R2021-221 - A
Resolution of the City Council of the City of Pearland, Texas,
amending the City's Comprehensive Financial Management Policy
Statement to enhance the City's long-term goal of maintaining fiscal
health and stability.
K. Consideration and Possible Action - Resolution No. R2021-176 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
Pearland City Council Regular Meeting Minutes- September 27, 2021
contract with Enprotec/Hibbs &Todd, Inc., for design services associated
with the Bailey Water Plant Project, in the additional amount of$119,315.00
(total contract amount of$694,125.00).
L. Consideration and Possible Action - Resolution No. .R2021-133 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into an Interlocal Agreement with
Brazoria County for paving services, for the period of September 27, 2021
through September 26, 2022.
Councilmember Orlando made the motion, seconded by Councilmember
Carbone, to approve Consent Items A through L.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
•
VI. NEW BUSINESS
1. Consideration and Possible Action — Second and Final Reading of
Ordinance No. 1605 - An appropriation Ordinance adopting a budget for
the fiscal year beginning October 1, 2021, and ending September 30, 2022,
and pay plans for fiscal year 2022.
Councilmember Carbone made the motion, seconded by Councilmember Little,
to approve the Second and Final Reading of Ordinance No. 1605.
Councilmember Carbone made the motion, seconded by Councilmember
Perez, to reduce General Fund Revenues from $100,353,728 to $99,602,092.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
Mayor Cole called for the vote on the original motion as amended.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Ordinance No. 1605 is adopted.
•
2. Consideration and Possible Action — Second Reading of Ordinance No.
1606 -An Ordinance adopting a tax rate of$0.708250 and levying taxes for
the use and support of the Municipal Government of the City of Pearland,
Texas, and providing for the interest and sinking fund of the taxable year
2021.
Mayor Pro-Tern Hernandez made the motion, seconded by Councilmember
Perez, to approve the Second Reading of Ordinance No. 1606.
Pearland City Council Regular Meeting Minutes- September 27, 2021
Councilmember Carbone made the motion, seconded by Councilmember
Orlando, to reduce the tax rate from $0.708250 to $0.701416.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
Mayor Cole called for the vote on the original motion as amended.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Ordinance No. 1606 is adopted.
3. Consideration and Possible Action - Second Reading of Ordinance No.
1023-11 -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.
Councilmember Kamkar made the motion, seconded by Councilmember
Carbone, to approve the Second Reading of Ordinance No. 1023-11.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Ordinance No. 1023-11 is adopted.
4. Consideration and Possible Action — Second Reading of Ordinance No.
1358-21 -An Ordinance of the City Council of the City of Pearland, Texas,
amending non-development usage and service fees; containing a savings
clause, a severability clause, a repealer clause, providing for publication
and an effective date.
Councilmember Little made the motion, seconded by Councilmember Perez, to
approve the Second Reading of Ordinance No. 1358-21.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Ordinance No. 1358-21.
Mayor Cole moved New Business Item No. 10 to before New Business Item No.
5.
10. Consideration and Possible Action — First Reading of Ordinance No. 1607
-An Ordinance of the City Council of the City of Pearland,Texas,amending
Chapter 20 of The Code Of Ordinances of The City of Pearland,Texas, by
pdcliing Article IX, Short-term Rentals, creating a requirement for a
—;stration program for the operation of short-term rentals and
incorporating the means to meet requirement to pay hotel occupancy fees
Pearland City Council Regular Meeting Minutes - September 27, 2021
to the City of Pearland when operating a short-term rental within the
corporate limits of the City of Pearland; providing a savings clause;
providing a penalty clause; a repealer clause and providing for publication.
Councilmember Perez made the motion, seconded by Councilmember Little, to
approve the First Reading of Ordinance No. 1607.
Mayor called for public comments regarding this ordinance.
Carolyn Legg, 11401 Carson Avenue, spoke in opposition of short-term rentals.
Raj Das, 1855 N. Main St., stated his concerns about short-term rentals .
Councilmember Kamkar made the motion, seconded by Councilmember Perez,
to account for short-term rental revenue separately from . hotel-motel tax
revenue.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
Mayor Cole called for the vote on the original motion as amended.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
Mayor Cole called for a 10-minute recess at 8:18 p.m.
Mayor Cole called the meeting back to order at 8:34 p.m.
5. Consideration and Possible Action - Resolution No. R2021-213 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
unit price contract for the purchase of motor fuel from Houston-Pasadena
Apache Oil Company, in the estimated amount of. $750,000.00, for the
period of October 1, 2021 through September 30, 2022.
Councilmember Perez made the motion, seconded by Councilmember Owens,
to adopt Resolution No. R2021-213.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-213 is adopted.
6. Consideration and Possible Action - Resolution No. R2021-217 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
an engineering services contract with Freese & Nichols, Inc., associated
with the Barry Rose WRF Expansion Project, in the amount of$497,835.00.
Pearland City Council Regular Meeting Minutes- September 27, 2021
Councilmember Owens made the motion, seconded by Councilmember Perez,
to adopt Resolution R2021-217.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-217 is adopted.
7. Consideration and Possible Action — First Reading of Ordinance No. 220-
13 - An Ordinance of the City Council of the City of Pearland, Texas,
amending Chapter 30, Utilities, Article II, RATES AND CHARGES, of the
code of ordinances to amend Section 30-39, When Payment Due and
adding Section 30-48, Extreme Winter Weather Events; providing a
penalty for violation; contain-ing a savings clause and a severability
clause; providing for codification, publication, and an effective date.
Councilmember Orlando made the motion, seconded by Councilmember Perez,
r to approve the First Reading of Ordinance No. 220-13.
Mayor called for public comments.
Jimmy Davis, 5004 Colmesneil St, stated his concerns regarding utility billing
and the bill due dates.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
8. Consideration and Possible Action Resolution No. R2021-212 - A
Resolution of the City Council of the City of Pearland, Texas, accepting
receipt of the City of Pearland Utility Billing Process Report and System
Review prepared by Raftelis and the Utility Billing Ad hoc Committee Final
Report.
Councilmember Carbone made the motion, seconded by Councilmember
Perez, to approve Resolution No. R2021-212.
Jimmy Davis, 5004 Colmesneil St, stated his concerns regarding utility billing
report.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-212 is adopted.
9. Consideration and Possible Action - Resolution No. R2021-220 - A
Resolution of the City Council of the City of Pearland, Texas, nominating
a candidate(s) for a position on the board of directors of the Brazoria
County Appraisal District.
Pearland City Council Regular Meeting Minutes- September 27, 2021
Mayor Pro-Tern Hernandez made the motion, seconded by Councilmember
Carbone, to approve Resolution No. R2021-220.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-220 is adopted.
VII. MATTERS REMOVED FROM CONSENT AGENDA
There were none.
VIII. OTHER BUSINESS
There were none.
IX. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
Mayor Cole moved New Business Item No. 10 to before New Business Item No. 5.
X. ADJOURNMENT
Mayor.Cole adjourned the meeting at 8:59 p.m.
Minutes approved as submitted and/or corrected this the 11th day of October 2021.
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. Kevin Cole
Mayor
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Pearland City Council Regular Meeting Minutes - September 27, 2021