2022-09-26 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Regular Minutes - September 26, 2022
MINUTES OF A CITY COUNCIL MEETING OF THE CITY OF PEARLAND, TEXAS,
HELD ON SEPTEMBER 26, 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
Mayor Cole gave the Invocation and Councilmember Kamkar 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 Tony Carbone
Councilmember Joseph Koza
Councilmember Alex Kamkar
Councilmember Adrian Hernandez
Councilmember Layni Cade
Councilmember Jeffrey Barry
Councilmember Woody Owens
City Manager Clay Pearson
City Attorney Darrin Coker
City Secretary Frances Aguilar
All members were present.
IV. CITIZEN COMMENTS
There were no general comments.
V. PUBLIC HEARINGS
1. Public Hearing - A second public hearing regarding the City’s 16th
Community Development Block Grant (CDBG) Program – FY 2023 Annual
Action Plan, as part of its FY 2023 - 2027 CDBG 5-Year Consolidated Plan
(HUD Program Years 2022 - 2026).
Mayor Cole opened the Public Hearing.
Presentation was provided by Joel Hardy, Grants/Special Projects
Administrator.
Mayor Cole closed the Public Hearing.
2. Public Hearing - On FY23 Proposed City Property Tax Rate.
Mayor Cole opened the Public Hearing.
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Gaylyn DeVine, 2135 Venezia Dr., stated her concerns about the FY23
Proposed City Property Tax Rate.
Senior Staff was present to answer questions from the Council.
Mayor Cole closed the Public Hearing.
VI. NEW BUSINESS
1. Consideration and Possible Action – Second and Final Reading of
Ordinance No. 1619 - An appropriation Ordinance adopting a budget for
the fiscal year beginning October 1, 2022, and ending September 30, 2023;
pay plans for fiscal year 2023; and, pursuant to Local Government Code,
Section 102.007, providing for a separate ratification of the property tax
revenue increase reflected in the budget.
Adam Carroll, a Pearland Police Officers Association representative, stated his
concerns about the retention issue and would like the best outcome for
employees when Council approves the budget.
Matthew Kozlowski, a Pearland Professionals Firefighters Association
representative, stated the hardships firefighters are dealing with because of
mandatory overtime. Also, he thanked Council for the firefighter positions that
will possibly be approved in the new budget.
Councilmember Koza made the motion, seconded by Councilmember Cade, to
approve the second reading of Ordinance No. 1619.
AYES: Carbone, Koza, Cade, and Barry.
NAYS: Kamkar, Hernandez, and Owens.
The motion carried.
Councilmember Kamkar made the motion, to amend the budget and to reduce
4 million dollars out of the general fund's expenses. The motion died for the lack
of a second.
Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone,
to ratify the property tax revenue increase reflected in the budget.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion carried.
Action was taken on New Business #2 but was later reconsidered.
3. Consideration and Possible Action – Second Reading of Ordinance No.
1358-24 - 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.
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Mayor Pro-Tem Carbone made the motion, seconded by Councilmember
Owens to approve the second reading of Ordinance No. 1658-24.
Councilmember Kamkar made the motion, to amend Ordinance No.1358-24 to
not increase any fees. The motion died for the lack of a second.
AYES: Carbone, Koza, Hernandez, Barry, and Owens.
NAYS: Kamkar and Cade.
The motion carried.
2. Consideration and Possible Action - Second Reading of Ordinance No.
1620 - An Ordinance adopting a tax rate of $0.623765 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
2022.
Councilmember Kamkar made the motion, seconded by Mayor Pro-Tem
Carbone to approve the second reading of Ordinance No. 1620.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion carried.
Councilmember Kamkar made the motion, seconded by Mayor Pro-Tem
Carbone to reconsider Ordinance No. 1620.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion carried.
City Attorney, Darrin Coker explained the legal requirements of Local
Government Code Section 102.007 and, at Councilmember Kamkar’s request,
initiated the reading of Ordinance No. 1620.
Councilmember Kamkar made the motion, seconded by Mayor Pro-Tem
Carbone to adopt Ordinance No. 1620, to move the property tax rate to be
increased by the adoption tax rate of $0.623765 which is effectively a 14.86
increase in tax rate.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion carried.
4. Consideration and Possible Action - Resolution No. R2022-207 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
Construction Manager at Risk contract with Durotech, in the additional
amount of $4,533,569.00, to include the Guaranteed Maximum Price (GMP)
of $4,780,850.00 (inclusive of General Conditions and Pre-Construction
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Services) for Construction Phase Services associated with the Public
Safety Training & Education Building; and amending a Construction
Manager at Risk contract, in the additional amount of $1,261,587.00, to
include the total GMP of $1,263,087.00 (inclusive of General Conditions
and Pre-Construction Services) for Construction Phase Services
associated with Public Safety Building Renovations.
David Rowe, a representative from Durotech, was present to answer questions
from the Council.
Councilmember Hernandez made the motion, seconded by Mayor Pro-Tem
Carbone, to approve Resolution No. R2022-207.
Councilmember Hernandez made the motion, seconded by Councilmember
Koza, to amend Resolution No. R2022-207 to include the contingency that we
extend the existing warranty on the Animal Control Shelter.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion carried.
Councilmember Hernandez made the motion, seconded by Councilmember
Koza, to approve Resolution No. R2022-207 as amended.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion carried.
5. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 2000M-232 - 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 Reserve “A”, Block 1 and Reserve “B”, Block 2 of
the Westwood Village Subdivision, Section 1, a subdivision in the City of
Pearland, Brazoria County, Texas, according to the Final Plat recorded in
Volume 17, Page 135-136 in the Official Plat Records of Brazoria County,
Texas; and also being Reserve “C”, Block 4 and Reserve “D”, Block 3 of
the Westwood Village Subdivision, Section 5, a subdivision in the City of
Pearland, Brazoria County, Texas, according to the Final Plat recorded in
Volume 17, Page 343-344 in the Official Plat Records of Brazoria County,
Texas (located at the Northeast and Southeast Corners of McLean and
Springfield Ave. and Northwest and Southwest Corners of Veterans Road
and Springfield Ave). Zone Change Application No. ZONE 22-18, a request
by Sameer Gulamani & Karim Pirani, applicant, on behalf of Fric Inc.,
owner, for approval of a zone change from General Business (GB) to
Townhome (TH) District on four (4) tracts of land totaling approximately
5.72 acres; 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.
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Councilmember Cade made the motion, seconded by Barry, to approve the
second reading of Ordinance No 2000M-232.
AYES: Carbone and Hernandez.
NAYS: Koza, Kamkar, Cade, Barry, and Owens.
The motion failed.
VII. CONSENT AGENDA
A. Consideration and Possible Action - Approval of minutes for the City
Council Regular Meeting held on September 12, 2022.
B. Pulled for discussion.
C. Consideration and Possible Action - Resolution No. R2022-86 - 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 Texas Buyboard traffic signal heads and
components to Consolidated Traffic Controls, Inc.,in the amountof
$175,000.00, for the period of October 1, 2022 through September 30, 2023.
D. Consideration and Possible Action - Resolution No. R2022-203 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
contract for design services (Shadow Creek Ranch Intersection
Improvement Project), with Traffic Engineers, Inc., in the additional
amount of $182,429.50 (total contract amount of $763,392.50).
E. Consideration and Possible Action - Resolution No. R2022-209 - 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 Texas Department of Information Resources
(DIR), for the purchase of Software/Hardware implementation services with
Sequel Data Systems, in the estimated amount of $250,000.00.
F. Consideration and Possible Action - Resolution No. R2022-210 - 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 Texas Department of Information Resources
(DIR), for the purchase of a Microsoft Enterprise Agreement through SHI
Government Solutions, in the estimated amount of $428,879.92 for each
Fiscal Year beginning with Fiscal Year 2023 through Fiscal Year 2025.
G. Consideration and Possible Action - Resolution No. R2022-211 - 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 $168,000.00, for the period of October 1, 2022 through September 29,
2023.
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H. Consideration and Possible Action - Resolution No. R2022-212 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
participation in an interlocal agreement with Brazoria County for the
purchase of Hardware Supplies and Materials from O'Day Rental & Supply,
in the estimated amount of $50,000.00, for the period of October 1, 2022
through September 30, 2023.
I. Consideration and Possible Action - Resolution No. R2022-213 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
participation in an interlocal agreement with Brazoria County for the
purchase of Hardware Supplies and Materials from Pearland Lumber
Company, Inc., in the estimated amount of $110,000.00, for the period of
October 1, 2022 through September 30, 2023.
J. Pulled for discussion.
K. Consideration and Possible Action - Resolution No. R2022-215 - A
Resolution of The City Council of the City of Pearland, Texas, renewing a
bid associated with the Community Development Block Grant Program (B-
18-MC-48-0400), for Single Family Owner-Occupied Home, minor repairs
and rehabilitation that benefit low-moderate income Pearland residents, to
Circle Friends Construction, in the estimated amount of $140,065.00.
L. Consideration and Possible Action - Resolution No. R2022-216 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
software maintenance contract with Tyler Technologies, Inc., for software
maintenance services in the amount of $226,540.27.
M. Consideration and Possible Action - Resolution No. R2022-217 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
Software Maintenance Contract with Central Square Technologies, in the
amount of $380,831.68, for the period of October 1, 2022 through
September 30, 2023.
N. Consideration and Possible Action - Resolution No. R2022-218 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate in interlocal cooperative
pricing arrangements with participating cooperatives (Texas Department
of Information Resources and National Intergovernmental Purchasing
Alliance) for the purchase of Information Technology equipment and
hardware from CDW Government, in the estimated amount of $300,000 for
Fiscal Year 2023.
O. Consideration and Possible Action - Resolution No. R2022-219 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the purchase of software maintenance renewals and hardware upgrades,
from Convergint Technologies using Omnia purchasing cooperative, in
the amount of $89,650.00 for Fiscal Year 2023.
P. Consideration and Possible Action - Resolution No. R2022-220 - 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 Texas Department of Information Resources
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(DIR), for the purchase of Dell Computer Equipment, in the estimated
amount of $250,000.00.
Q. Consideration and Possible Action - Resolution No. R2022-221 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
unit supply contract for bunker gear cleaning inspections and repair
services with Delta Industrial Service and Supply, in the estimated amount
of $130,000.00, for the period of October 12, 2022 through October 11,
2023.
R. Consideration and Possible Action - Resolution No. R2022-222 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
an Amended and Restated System Raw Water Availability Agreement with
the Gulf Coast Water Authority (GCWA), to meet the City’s long term
municipal water needs.
S. Consideration and Possible Action - Resolution No. R2022-223 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
participation through an interlocal agreement with National IPA – OMNIA
Partners for the purchase of hardware supplies and materials from Lowe’s,
in the estimated amount of $100,000.00, for the period of October 1, 2022
through September 30, 2023.
T. Consideration and Possible Action - Resolution No. R2022-224 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
participation in an interlocal agreement with National IPA – OMNIA
Partners for the purchase of City supplies from Amazon Business, in the
estimated amount of $168,000.00, for October 1, 2022 through September
30, 2023.
U. Consideration and Possible Action - Resolution No. R2022-225 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing
a sole source purchase of the Watch Guard Video-as-a-Service (VaaS)
platform from Motorola Solutions, Inc., in the estimated amount of
$193,654.00 for Fiscal Year 2023 and $149,712.00 for each Fiscal Year
beginning with Fiscal Year 2024 through Fiscal Year 2027.
V. Consideration and Possible Action - Resolution No. R2022-226 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
estimated expenditures of $57,500.00 associated with vehicle leasing
services with EAN Holdings, LLC, (EAN) for Fiscal Year 2022; and
awarding a vehicle leasing contract to EAN, in the estimated amount of
$60,000.00 for the period of October 1, 2022 through September 30, 2023.
W. Pulled for discussion.
X. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 2000M-233 - 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 a 5.3499-acre tract of land out of a 37.948-acre tract
out of the southeast one-quarter of Section 13, HT. & B.R.R. Co. Survey,
Abstract 240, Brazoria County, being the same land described in a deed
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recorded in Volume 1261, Page 725 of the Deed Records of Brazoria
County, Texas (located east of Hatfield Road, south of Fite Road). Zone
Change Application No. ZONE 22-19, a request by Anthony Spriggins,
applicant, and owner, for approval of a zone change for approximately
5.3499 acres of land from General Business (GB) District to Single-Family
Residential-4 (R-4) District; 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 Barry made the motion, seconded by Councilmember Koza to
adopt the Consent Agenda Items A through X, excluding items B, J, and W.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
VIII. MATTERS REMOVED FROM CONSENT AGENDA
B. Surface Water Treatment Plant Update
Councilmember Kamkar requested for this item to be pulled for discussion.
Robert Upton, Director of Engineering and Public Works, was present to answer
questions from the Council.
No action was taken.
J. Consideration and Possible Action - Resolution No. R2022-214 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract for the Fire Station Nos. 2 and No. 3 HVAC
Repairs Project, to K. R. Allen Industrial Services, LLC, in the amount of
$355,614.29.
Councilmember Kamkar requested for this item to be pulled for discussion.
Robert Upton, Director of Engineering and Public Works, was present to answer
questions from the Council.
Councilmember Koza made the motion, seconded by Councilmember Barry to
approve Resolution No. R2022-214.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
W. Consideration and Possible Action - Resolution No. R2022-227- 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
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(1)unit of heavy equipment (front loader), in the amount of $237,708.45,
from Mustang Cat.
Councilmember Koza requested for this item to be pulled for discussion.
Robert Upton, Director of Engineering and Public Works, was present to answer
questions from the Council.
Councilmember Kamkar made the motion, seconded by Mayor Pro-Tem
Carbone, to approve Resolution No. R2022-227.
AYES: Carbone, Hernandez, Cade, Barry, and Owens.
NAYS: Koza and Kamkar.
The motion carried.
IX.OTHER BUSINESS
There were no other business items.
X.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
I.Council Discussion and Input - Amend the finance policy to only allow
budget amendments twice a year; 1) budget carryovers, 2) mid-year
budget adjustments. Any other amendment will only be allowed if the City
is under a declared emergency and will need 3/4 vote of the Council.
With a consensus, Mayor Cole directed staff to bring back this item for a vote at
a future Council meeting.
XI.ADJOURNMENT
Mayor Cole adjourned the meeting at 8:48 p.m.
Minutes approved as submitted and/or corrected this 10th day of October 2022.
City of Pearland, Texas
J. Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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