2022-04-11 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Minutes April 11, 2022
MINUTES OF A CITY COUNCIL MEETING OF THE CITY OF PEARLAND, TEXAS, HELD ON
APRIL 11, 2022 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
Councilmember Woody Owens gave the Invocation, and Councilmember J. David Little
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-Tem 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 Leslie Crittenden
IV. CITIZEN COMMENTS
Tammy Dexter, 1412 N. Pine Orchard, addressed Council stating her concerns with
being a “no kill” city.
Beth Stevenson, 12903 Shady Springs Dr., addressed Council stating her concerns with
animal control.
Charles McMurrey, 5209 Spring Branch Dr., addressed Council giving compliment
about recent decisions.
Natasha Charles, 2507 Quiet Lake Ct., addressed Council regarding Keep Pearland
Beautiful.
V. PUBLIC HEARING NO. 1
Public Hearing - Incorporation of 2015 "Bailey Road" Annexation
properties subject to Development Agreements, pursuant to Texas Local
Government Code Sections 43.035 and 212.172.
Grants/Special Projects Administrator Joel Hardy read the purpose of the Public
Hearing.
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Grants/Special Projects Administrator Joel Hardy gave a presentation of the
request.
Mayor Cole called for citizen comments for or against the request
Salena Woods, 3525 Charles Ave, spoke against the request.
Mayor Cole called for Council Discussion.
Mayor Cole closed the Public Hearing
VI. NEW BUSINESS
1. Consideration and Possible Action – First Reading of Ordinance No. 1613
- An ordinance extending the city limits of the City of Pearland, Texas, by
agreed petition of the property owner(s), to include certain property within
certain limits and boundaries and annexing to the City of Pearland the area
within such limits and boundaries located at 5806 Bailey Road; Property
ID# 166650; containing an effective date and other provisions related to
the subject; and providing a savings and severability clause.
Councilmember Carbone made the motion, seconded by Councilmember Perez,
to approve the First Reading of Ordinance No. 1613 to the next City Council
Regular meeting on April 25, 2022.
Councilmember Perez made the motion, seconded by Councilmember
Kamkar, to postpone the first Reading of Ordinance No. 1613 to the next City
Council Regular meeting on April 25, 2022.
AYES: Carbone, Kamkar, Little, Perez, Owens.
NAYS: Hernandez.
Councilmember Orlando was absent from the chambers.
The motion carried.
2. Consideration and Possible Action – First Reading of Ordinance No. 1614
- An ordinance extending the city limits of the City of Pearland, Texas, by
agreed petition of the property owner(s), to include certain property within
certain limits and boundaries and annexing to the City of Pearland the area
within such limits and boundaries located at 3525 Charles Avenue;
Property ID #526093; containing an effective date and other provisions
related to the subject; and providing a savings and severability clause.
Councilmember Carbone made the motion, seconded by Councilmember Perez,
to approve the First Reading of Ordinance No.1614.
Councilmember Perez made the motion, seconded by Councilmember
Kamkar, to postpone First Reading of Ordinance No.1614.
AYES: Hernandez, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
Councilmember Orlando was absent from the chambers.
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The motion carried.
VII. PUBLIC HEARING NO. 2
Public Hearing: A request by Renee McGuire, applicant, on behalf of
Forgotten Angels Foundation, owner, for approval of a zone change from
the Light Industrial (M-1) District, Planned Development (PD) and Single-
Family Residential-4 (R-4) District to the General Business (GB) District,
on approximately 7.06 acres of land; to wit:
Legal Description: Lot 1, Block 1, Forgotten Angels, a subdivision of 7.06
acres of land in the City of Pearland, Texas, according to the Plat recorded
in County Clerk’s File No. 2012045168 in the Plats Records of Brazoria
County, Texas.
General Location: 3309 Industrial Drive, Pearland, TX.
Planning Manager Martin Griggs read the purpose of Public Hearing.
Planning Manager Martin Griggs gave a presentation of the request.
Mayor Cole called for citizen comments for or against the request.
Mayor Cole called for Council Discussion.
Mayor Cole closed the Public Hearing.
VIII. NEW BUSINESS
3. Consideration and Possible Action - First Reading of Ordinance No.
2000M-224 - 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 all of Lot 1, Block 1, Forgotten Angels, a subdivision of
7.06 acres of land in the City of Pearland, Texas, according to the Plat
recorded in County Clerk’s File No. 2012045168 in the Plats Records of
Brazoria County, Texas (located at 3309 Industrial Drive, Pearland, TX).
Zone Change Application No. ZONE 22-02, a request by Renee McGuire,
applicant, on behalf of Forgotten Angels Foundation, owner, for approval
of a zone change from the Light Industrial (M-1) District, Planned
Development (PD), and Single-Family Residential-4 (R-4) District to the
General Business (GB) District, on approximately 7.06 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 Hernandez made the motion, seconded by Councilmember
Perez, to approve the First Reading of Ordinance No. 2000M-224.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
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The motion carried.
IX. PUBLIC HEARING NO. 3
Public Hearing: A request by William Wiatrak, applicant, on behalf of
Barbara Young, owner, for approval of a zone change from the Light
Industrial (M-1) District to the General Business (GB) District, on
approximately 0.2870 acres of land; to wit:
Legal Description: Lot 15 and Lot 16, Block 2, Air Port Sites Addition, an
addition to the City of Pearland, Brazoria County, Texas, according to the
Map or Plat recorded in Volume 5, Page 57 of the Plats Records of Brazoria
County, Texas.
General Location: 3909 Second Street, Pearland, TX.
Planning Manager Martin Griggs reads the purpose of Public Hearing.
Planning Manager Martin Griggs gave a presentation of the request.
Applicant William Wiatrak, 2219 Verona, spoke briefly about his request and was
available for questions.
Mayor Cole called for citizen comments for or against the request.
Donna Smith, 2705 S. Galveston Ave, spoke against the request.
Marcus Moreno, 3916 2nd St., spoke against the request.
Ralph King, 2805 S. Galveston Ave, spoke against the request.
Paul Eskine, 2519 Park Ave, spoke against the request.
Lindsey Lockhart, 2219 Verona Dr., spoke for the request.
Lori Sandburg, 3821 Lancer Cr., spoke against the request.
Mayor Cole called for Council Discussion.
Mayor Cole closed the Public Hearing.
X. NEW BUSINESS
4. Consideration and Possible Action - First Reading of Ordinance No.
2000M-225 - 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 all of Lot 15 and Lot 16, Block 2, Air Port Sites Addition, an
addition to the City of Pearland, Brazoria County, Texas, according to the
Map or Plat recorded in Volume 5, Page 57 of the Plats Records of Brazoria
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Pearland City Council Regular Meeting Minutes April 11, 2022
County, Texas (located at 3909 Second Street, Pearland, TX). Zone Change
Application No. ZONE 22-03, a request by William Wiatrak, applicant, on
behalf of Barbara Young, owner, for approval of a zone change from the
Light Industrial (M-1) District to the General Business (GB) District, on
approximately 0.2870 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.
Councilmember Kamkar made the motion, seconded by Councilmember Perez
to approve the First Reading of Ordinance No. 2000M-225.
Joseph Koza, 2910 S. Main, spoke against the item.
AYES: None.
NAYS: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
The motion failed.
XI. CONSENT AGENDA
A. Consideration and Possible Action - Approval of Minutes
City Council Special Meeting - CIP Budget Workshop Minutes - March 21,
2022
City Council Regular Meeting Minutes - March 28, 2022
B. Consideration and Possible Action - The appointment of Ryan Dixon to
Position No. 1 for an unexpired term, expiring November 1, 2025, to serve
on the Pearland Parks, Recreation and Beautification Advisory Board.
C. Consideration and Possible Action - Second and Final Reading of
Thoroughfare Plan Amendment Ordinance No. 1517-4 - An ordinance of
the City Council of the City of Pearland, Texas, approval of an amendment
to the City of Pearland Thoroughfare Plan to remove the future western
extension/alignment of Industrial Drive to Bailey Road; having a savings
clause, a severability clause, and a repealer clause; providing for
codification and an effective date.
D. Consideration and Possible Action - Second and Final Reading of Land
Use Plan Amendment Ordinance No. 1517-5 - An ordinance of the City
Council of the City of Pearland, Texas, approval of an amendment to the
City of Pearland Future Land Use Plan to change the land use designation
of several tracts of land totaling approximately 110.127 acres from Light
Industrial to Medium-Density Residential to accommodate a proposed
Planned Development (PD) District; having a savings clause, a severability
clause, and a repealer clause; providing for codification and an effective
date.
E. Consideration and Possible Action - Resolution No. R2022-61 - 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 with the Sourcewell Purchasing System for the purchase of one
(1) unit of heavy equipment (skid steer loader), in the amount of
$121,171.66, from Mustang Cat.
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F. Consideration and Possible Action - Resolution No. R2022-68 - 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 (Police Department) from Data Vox,
Inc., in the estimated amount of $81,992.02.
G. Consideration and Possible Action - Resolution No. R2022-71 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
contract with BBG Consulting, for plan review and inspection services, in
the additional amount of $55,000.00 (total contract amount of $100,000.00).
H. Consideration and Possible Action - Resolution No. R2022-72 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into an amended Interlocal
Agreement with Pearland Independent School District (“District”)
associated with life guard services at the Pearland Recreation Center and
Natatorium.
I. Consideration and Possible Action - Resolution No. R2022-73 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a Letter Finance Agreement
with Reinvestment Zone No. 2, City of Pearland, Texas, associated with the
Shadow Creek Ranch Trails Phase II.
J. Consideration and Possible Action - Resolution No. R2022-74 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a Letter Finance Agreement
with Reinvestment Zone No. 2, City of Pearland, Texas, associated with the
Shadow Creek Parkway Landscaping, Street Lighting and Sidewalks.
K. Consideration and Possible Action - Resolution No. R2022-75 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract associated with Fire Station No. 2, to PMGR
Development Corp., in the amount of $204,723.68.
L. Consideration and Possible Action - Resolution No. R2022-76 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a Letter Finance Agreement
with Reinvestment Zone No. 2, City of Pearland, Texas, associated with the
Shadow Creek Ranch Intersection Improvements.
M. Consideration and Possible Action - Resolution No. R2022-77 - 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 with the SAVVIK Buying Group Cooperative for the purchase of
medical equipment and related services, in the amount of $52,883.84, from
Zoll Medical.
N. Consideration and Possible Action - Resolution No. R2022-78 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a design contract with ARRK Engineers, LLC., for design services
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associated with the Westminster Subdivision Waterline Replacement
Project, in the estimated amount of $109,750.00.
O. Consideration and Possible Action - Resolution No. R2022-79 - A
Resolution 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 CenterPoint’s proposed effective date for forty-five
days; authorizing the City’s continued participation 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.
P. Consideration and Possible Action - Resolution No. R2022-83 - A
Resolution of the City Council of the City of Pearland, Texas, supporting
the submission of a local Community Project (Mykawa Road Project) for
federal funding, by Congressman Troy Nehls, to the United States House
of Representatives Committee on Appropriations. Councilmember Little made the motion, seconded by Councilmember Perez, to
adopt Consent Agenda Items A through P, with the exception of A, G, H, and
O.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
XII. NEW BUSINESS CONTINUED
5. Consideration and Possible Action – Second and Final Reading of
Ordinance No. 1611 - 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 repealing Article IX, Short-term Rentals, of the
City Code of Ordinances and adopting a new Article IX, Short-term
Rentals; establishing requirements and regulations for the operation of
properties as Short-term Rentals 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 Mayor Pro-Tem
Hernandez, to adopt the Second and Final Reading of Ordinance No. 1611.
City Manager Clay Pearson gave a staff report.
Lindsey Lockhart, 2219 Verona, spoke in favor of the Ordinance.
Ralph King, 2805 S. Galveston, spoke in favor of the Ordinance.
Paul Eskine, 2519 Park Ave, spoke in favor of the Ordinance.
Joseph Koza, 2910 S. Main, spoke in favor of the Ordinance.
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Randy Bailey, 2217 Verona Dr, spoke in favor of the Ordinance.
Mayor Cole called for Council Discussion.
AYES: Carbone, Kamkar, Little, Perez, Owens.
NAYS: Hernandez, Orlando.
The motion carried. Ordinance No. 1611 is adopted.
6. Consideration and Possible Action – First Reading of Ordinance No. 1612
- 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 Owens made the motion, seconded by Councilmember Perez,
to approve the First Reading of Ordinance No. 1612.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
7. Consideration and Possible Action - Resolution No. R2022-82 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
publication of notice of intention to issue certificates of obligation series
2002B (TIRZ Bonds) for the design, acquisition, construction and
improvement of certain public works, authorizing distribution of a
preliminary official statement relating to such series of certificates and
authorizing certain other matters relating thereto.
Councilmember Orlando made the motion, seconded by Councilmember
Carbone, to adopt Resolution No. R2022-82.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2022-82 is adopted.
8. Consideration and Possible Action - Resolution No. R2022-80 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
publication of notice of intention to issue certificates of obligation series
2022C for the design, acquisition, construction and improvement of
certain public works, authorizing distribution of a preliminary official
statement relating to such series of certificates and authorizing certain
other matters relating thereto. Councilmember Carbone made the motion, seconded by Councilmember
Perez, to adopt Resolution No. R2022-80.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
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NAYS: None.
The motion carried. Resolution No. R2022-80 is adopted.
9. Consideration and Possible Action - Resolution No. R2022-81 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
publication of notice of intention to issue certificates of obligation series
2022A for the design, acquisition, construction and improvement of
certain public works, authorizing distribution of a preliminary official
statement relating to such series of certificates and authorizing certain
other matters relating thereto. Mayor Pro-Tem Hernandez made the motion, seconded by Councilmember
Perez, to adopt Resolution No. R2022-81.
AYES: Hernandez, Orlando, Carbone, Little, Perez, Owens.
NAYS: Kamkar.
The motion carried. Resolution No. R2022-81 is adopted.
10. Consideration and Possible Action - R2022-84 - A Resolution of the City
Council of the City of Pearland, Texas, authorizing the First Amended
Lease Agreement with Keep Pearland Beautiful for the operation of the
Stella Roberts Recycling Center.
Mayor Pro-Tem Adrian Hernandez recused himself from vote.
Councilmember Kamkar made the motion, seconded by Councilmember
Perez, to adopt Resolution No. R2022-84.
City Manager Clay Pearson gave a staff report.
Mayor Cole called for citizen comments for or against the Resolution.
Layni Cade, 1901 Meadow Creek, spoke in favor of the Resolution.
Mayor Cole called for Council Discussion.
AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2022-84 is adopted.
11. Consideration and Possible Action - R2022-85 - A Resolution of the City
Council of the City of Pearland, Texas, authorizing a public safety grant
program for the installation of Automatic License Plate Reader (ALPR)
cameras.
Councilmember Perez made the motion, seconded by Councilmember Owens,
to adopt Resolution No. R2022-85.
Councilmember Kamkar made the motion, seconded by Mayor Pro-Tem
Hernandez to amend the resolution by dedicating 20% of the funds for
alternative public safety measures.
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Mayor Cole called for Council Discussion.
Councilmember Kamkar withdrew the motion to amend the resolution.
Mayor Cole called for the vote on the original item.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2022-85 is adopted.
XIII. MATTERS REMOVED FROM CONSENT AGENDA
A. Consideration and Possible Action - Approval of Minutes
City Council Special Meeting - CIP Budget Workshop Minutes - March 21,
2022
City Council Regular Meeting Minutes - March 28, 2022 Councilmember Owens made the motion, seconded by Councilmember Perez,
to adopt City Council Special Meeting – CIP Budget Workshop Minutes –
March 21, 2022 and City Council Regular Meeting Minutes – March 28, 2022.
Councilmember Kamkar made the motion, seconded by Councilmember Little,
to amend CIP Budget Workshop Minutes - March 21, 2022 to include the
comments of Captain Ybarra in regards to FA2502 being reviewed.
AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
ABSTAIN: Hernandez
The motion carried.
AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. City Council Meeting Minutes are adopted.
G. Consideration and Possible Action - Resolution No. R2022-71 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
contract with BBG Consulting, for plan review and inspection services, in
the additional amount of $55,000.00 (total contract amount of $100,000.00). Councilmember Orlando made the motion, seconded by Councilmember
Perez, to adopt Resolution No. R2022-71.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2022-71 is adopted.
H. Consideration and Possible Action - Resolution No. R2022-72 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into an amended Interlocal
Agreement with Pearland Independent School District (“District”)
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associated with life guard services at the Pearland Recreation Center and
Natatorium. Councilmember Carbone made the motion, seconded by Councilmember
Perez, to adopt Resolution No. R2022-72.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2022-72 is adopted.
O. Consideration and Possible Action - Resolution No. R2022-79 - A
Resolution 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 CenterPoint’s proposed effective date for forty-five
days; authorizing the City’s continued participation 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. Mayor Pro-Tem Hernandez made the motion, seconded by Councilmember
Perez, to adopt Resolution No. R2022-79.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2022-79 is adopted.
XIV. OTHER BUSINESS
There was none.
XV. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were none.
XVI. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 9:24 p.m.
Council returned from Executive Session at 9:47 p.m.
Section 551.074 – Personnel Matters – Regarding the Appointment of Fire
Chief
XVII. NEW BUSINESS CONTINUED
12. Consideration and Possible Action - Regarding City Council ratification of
the City Manager's appointment of the Fire Chief.
Councilmember Little made the motion, seconded by Councilmember Perez, to
ratify the City Manager’s appointment of the Fire Chief.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
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NAYS: None.
The motion carried.
XVIII.ADJOURNMENT
Mayor Cole adjourned the meeting at 9:48 p.m.
Minutes approved as submitted and/or corrected this the 25th day of April 2022.
J.Kevin Cole
Mayor
ATTEST:
Leslie Crittenden
City Secretary
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