2021-11-22 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Minutes November 22, 2021
MINUTES OF A CITY COUNCIL MEETING OF THE CITY OF PEARLAND, TEXAS, HELD ON
NOVEMBER 22, 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 J. Kevin Cole gave the Invocation and Councilmember Luke Orlando 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 Woody Owens
City Manager Clay Pearson
City Attorney Darrin Coker
Deputy City Secretary Leslie Crittenden
Councilmember Trent Perez was absent.
IV. CITIZEN COMMENTS
Lisa Peltier, 2006 Colony Lakes Dr., introduced herself and her business.
Jimmy Davis, 5004 Colmesneil St., stated his concerns regarding high bill complaints
from Pearland citizens and his request for a refund.
V. CONSENT AGENDA
A. Consideration and Possible Action - Approval of Minutes - City Council
Regular Meeting Minutes - November 8, 2021.
B. Consideration and Possible Action - Excuse the absence of
Councilmember J. David Little from the City Council Regular Meeting held
on November 8, 2021.
C. Consideration and Possible Action - Reappoint Linda Harnist as a board
member to serve on the board of directors of the Fort Bend Subsidence
District for a two-year term to expire on January 31, 2024.
D. Consideration and Possible Action – Second and Final Reading of
Ordinance No. 1012-4 - An Ordinance of the City Council of the City of
Pearland, Texas, establishing a curfew for persons under the age of 17
DocuSign Envelope ID: 5FAB980C-43C0-497B-A506-4174CF747E78
Pearland City Council Regular Meeting Minutes - November 22, 2021
years, providing defenses to prosecution for violations hereunder,
providing a penalty for violation; providing for timely review and analysis
of said ordinance to determine its effectiveness; containing a savings
clause, a severability clause and a repealer clause; providing an effective
date, and containing other provisions relating to the subject.
E. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 2000M-219 - 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 9.569 acres (416,845 square feet) of land, being a
called 9.65 acres tract, being the North one-half of Block 43, Section No. 2,
of the H.T. & B.R.R. Co. Survey, Certificate 361, Abstract No. 542, Save &
Except a 0.1091-acre tract, conveyed to the State of Texas, per B.C.C.F. No.
2005023018, Brazoria County, Texas (located at 1613 Main Street,
Pearland, TX). Zone Change Application No. ZONE 21-00017, a request by
Jose Jaramillo, RSG Engineering, applicant, on behalf of DN 18 Rivers
LLC, owner, for approval of a zone change from the General Commercial
(GC) District to the Light Industrial (M-1) District, on approximately 9.569
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.
F. Consideration and Possible Action - Resolution No. R2021-252 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract for Project Management System with Aurigo Software
Technologies, Inc. for Planning, Engineering, and Construction of Capital
Projects, in the estimated amount of $349,000.00.
G. Consideration and Possible Action - Resolution No. R2021-259 - 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”).
H. Consideration and Possible Action - Resolution No. R2021-260 - A
Resolution of the City Council of the City of Pearland, Texas, accepting the
City’s Investment Report for the quarter ending September 2021.
I. Consideration and Possible Action - Resolution No. R2021-262 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit supply contract, through an interlocal pricing arrangement with
Buyboard for the purchase of Fire Department medical supplies, to Bound
Tree Medical, in the estimated amount of $120,000, for the period of
November 23, 2021 through November 22, 2022.
J. Consideration and Possible Action - Resolution No. R2021-263 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit supply contract, through an interlocal pricing arrangement with
Buyboard for the purchase of Fire Department medical supplies, to Life
Assist, Inc., in the estimated amount of $120,000, for the period of
November 23, 2021 through November 22, 2022.
DocuSign Envelope ID: 5FAB980C-43C0-497B-A506-4174CF747E78
Pearland City Council Regular Meeting Minutes - November 22, 2021
K. Consideration and Possible Action - Resolution No. R2021-264 - 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 Buyboard Purchasing System for the
purchase of one (1) unit of heavy equipment (Asphalt Compactor), in the
amount of $67,388.00, from R. B. Everett & Co.
L. Consideration and Possible Action - Resolution No. R2021-265 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
bid for the purchase of SCBA cylinders from Municipal Emergency
Services in the amount of $53,688.60 through the Houston Area Galveston
Council (H-GAC).
M. Consideration and Possible Action - Resolution No. R2021-266 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager and/or the Investment Officer to negotiate and execute
any and all contracts and other documents incident to establishing bank
and investment account(s) for the purpose of investing in authorized
investments and financial institution deposits.
N. Consideration and Possible Action - Resolution No. R2021-268 - 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 Buyboard Purchasing System for the
purchase of one (1) unit of heavy equipment (Asphalt Paver), in the amount
of $194,161.48, from Associated Supply Company.
O. Consideration and Possible Action - Resolution No. R2021-269 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate in a cooperative purchase
agreement using The Interlocal Purchasing System (TIPS) for the purchase
of one (1) unit of heavy equipment (Asphalt Patch and Maintainer), in the
amount of $206,848.00, from Freightliner of Austin Truck and Equipment
LTD.
P. Consideration and Possible Action - Resolution No. R2021-271 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to authorize a purchase agreement using
a cooperative contract with the Texas Department of Information
Resources (DIR), for the purchase Software/Hardware, from Sequel Data
Systems, in the estimated amount up to $250,000.00.
Councilmember Orlando made the motion, seconded by Councilmember
Carbone to adopt Consent Agenda Items A through P, with the exception of
Consent Agenda Item F.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Owens.
NAYS: None.
The motion carried.
DocuSign Envelope ID: 5FAB980C-43C0-497B-A506-4174CF747E78
Pearland City Council Regular Meeting Minutes - November 22, 2021
VI. NEW BUSINESS
1. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 2000M-220 - 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 9.569 acres (416,845 square feet) of land, being
Tract “1”: Tract of land containing 25.062 acres (1,091,727 square feet),
located within the H.T. & B.R.R. Co. Survey, Abstract-525, Brazoria County,
Texas and being a portion of a called 80.0-acre tract recorded in the name
of Robert Lew and William Lew in Brazoria County Clerk’s File (B.C.C.F.)
Number (No.) 82034242; and also being Tract “2”: Tract of land containing
49.654 acres (2,162,942 square feet), located within the H.T. & B.R.R. Co.
Survey, Abstract-525, Brazoria County, Texas and being a portion of a
called 80.0-acre tract recorded in the name of Robert Lew and William Lew
in Brazoria County Clerk’s File (B.C.C.F.) Number (No.) 82034242 (located
at the southeast corner of Old Massey Ranch Road and Future Extension
of Harkey Road). Zone Change Application No. ZONE 21-00015, a request
by Andrew Lang, BGE, Inc, applicant, on behalf of William and Robert Lew,
owner, for approval of a zone change from the Residential Estate (R-E)
District to the Planned Development (PD) District, by incorporating
additional 74.71 acres of land as an addendum to the Massey Oaks
Planned Development District, to accommodate a proposed residential
development; 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.
Councilmember Carbone made the motion, seconded by Councilmember Little,
to adopt the Second and Final Reading of Ordinance No. 2000M-220.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Owens.
NAYS: None.
The motion carried. Ordinance No. 2000M-220 is adopted.
2. Consideration and Possible Action - Resolution No. R2021-254 - 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.
Councilmember Hernandez made the motion, seconded by Councilmember
Little, to adopt Resolution No. R2021-254.
Councilmember Carbone made the motion, seconded by Councilmember
Hernandez, to amend Resolution No. R2021-254 to include Option #3: “Debt
issued as a Certificate of Obligation will not have a maturity that exceeds the
useful life of the asset being financed.” The term of Certificates of Obligation
should typically be 20-years, but the City Council is to be provided information
on the rate environment and be able to extend the term of the Certificate of
Obligation longer than 20-years, but in no case longer than 30-years.
DocuSign Envelope ID: 5FAB980C-43C0-497B-A506-4174CF747E78
Pearland City Council Regular Meeting Minutes - November 22, 2021
AYES: Orlando, Carbone, Hernandez, Little.
NAYS: Kamkar, Owens.
The motion carried.
Councilmember Carbone made the motion, seconded by Councilmember
Hernandez, to adopt Resolution No. R2021-254 as amended.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-254 is adopted as amended.
3. Consideration and Possible Action - Resolution No. R2021-272 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
Construction Manager at Risk contract with CDM-Smith, to include the
Guaranteed Maximum Price (GMP) of $2,495,883.23 (Phase 2 Water Plants)
and $2,249,966.89 (Phase 3a Wastewater Plants), for design, programming
and construction phase services associated with the Supervisory Control
and Data Acquisition (SCADA) Project.
Councilmember Kamkar made the motion, seconded by Councilmember Little,
to adopt Resolution No. R2021-272.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-272 is adopted.
4. 32/30 Plan Update and Alternatives
Jeff Hunkele, 3912 Oakwood Dr. North, stated his concerns regarding the utility
billing issues with the 32/30 plan.
Ralph King, 2805 S. Galveston, stated his concerns regarding utility billing.
Jimmy Davis, 5004 Colmesneil St., stated his concerns regarding the 32/30 plan.
Mayor Cole called for a recess at 9:04 p.m.
Mayor Cole reconvened the meeting at 9:20 p.m.
5. Consideration and Possible Action - Resolution No. R2021-256 - A
Resolution and Order of the City Council of the City of Pearland, Texas,
casting votes for candidates for the Brazoria County Appraisal District
Board of Directors for the 2022-2023 term.
Councilmember Little made the motion, seconded by Councilmember Carbone,
to adopt Resolution No. R2021-256.
DocuSign Envelope ID: 5FAB980C-43C0-497B-A506-4174CF747E78
Pearland City Council Regular Meeting Minutes - November 22, 2021
Councilmember Carbone made the motion, seconded by Councilmember
Hernandez, to amend Resolution No. R2021-256 to name George Sanders as
the candidate for the Brazoria County Appraisal District.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Owens.
NAYS: None.
The motion carried.
Councilmember Carbone made the motion, seconded by Councilmember
Hernandez, to adopt Resolution No. R2021-256 as amended.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-256 is adopted as amended.
6. Consideration and Possible Action - Resolution No. R2021-257- A
Resolution and Order of the City Council of the City of Pearland, Texas,
casting votes for candidates for the Harris County Appraisal District Board
of Directors for the 2022-2023 term.
Councilmember Owens made the motion, seconded by Councilmember Little, to
adopt Resolution No. R2021-257 to cast the votes for Mike Sullivan for the Harris
County Appraisal District Board of Directors for the 2022-2023 term.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-257 is adopted.
7. Consideration and Possible Action - Resolution No. R2021-258 - A
Resolution and Order of the City Council of the City of Pearland, Texas,
casting votes for candidates for the Fort Bend County Appraisal District
Board of Directors for the 2022-2023 term.
Councilmember Orlando made the motion, seconded by Councilmember
Carbone, to adopt Resolution No. R2021-258 to cast votes for Mike Rozell for
the Fort Bend County Appraisal District Board of Directors for the 2022-2023
term.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-258 is adopted.
VII. MATTERS REMOVED FROM CONSENT AGENDA
F. Consideration and Possible Action - Resolution No. R2021-252 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract for Project Management System with Aurigo Software
Technologies, Inc. for Planning, Engineering, and Construction of Capital
Projects, in the estimated amount of $349,000.00.
DocuSign Envelope ID: 5FAB980C-43C0-497B-A506-4174CF747E78
Pearland City Council Regular Meeting Minutes - November 22, 2021
Councilmember Carbone made the motion, seconded by Councilmember
Owens, to adopt Resolution No. R2021-252.
Councilmember Owens made the motion, seconded by Councilmember
Kamkar, to postpone this item to the December 6, 2021 City Council Regular
City Council Meeting.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Owens.
NAYS: None.
The motion carried.
VIII. OTHER BUSINESS
IX. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
8. Council Consideration and Possible Action - Regarding direction to staff
on proposed amendments to the Unified Development Code (UDC) to
include the Land Use Matrix, Conditional Use Permits (CUPs), and the
definitions chapter concerning Vape, Smoke Shops, and Head Shops,
Alternative Financial Services, and Mini-Warehouse and Self-Storage
Facilities.
Councilmember Hernandez made the motion, seconded by Councilmember
Owens, to direct staff to include the Land Use Matrix, Conditional Use Permits,
and the definitions chapter concerning Vape, Smoke Shops, and Head Shops,
Alternative Financial Services, and Mini-Warehouse and Self-Storage Facilities.
Councilmember Hernandez made the motion, seconded by Councilmember
Carbone, to amend the item presented to include forwarding the item to Planning
and Zoning as it was presented in Councilmember Orlando's memo.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Owens.
NAYS: None.
The motion carried.
X. ADJOURNMENT
Mayor Cole adjourned the meeting at 9:47 p.m.
DocuSign Envelope ID: 5FAB980C-43C0-497B-A506-4174CF747E78
Pearland City Council Regular Meeting Minutes - November 22, 2021
Minutes approved as submitted and/or corrected this 13th day of December 2021.
J.Kevin Cole
Mayor
ATTEST:
Crystal Roan, TRMC, CMC
City Secretary
DocuSign Envelope ID: 5FAB980C-43C0-497B-A506-4174CF747E78