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2022-10-10 CITY COUNCIL REGULAR MEETING MINUTES Pearland City Council Minutes October 10, 2022 MINUTES OF A CITY COUNCIL MEETING OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 10, 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 6:33 p.m. II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG AND TEXAS FLAG Councilmember Barry gave the Invocation and Councilmember Cade 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 Layni Cade Councilmember Jeffrey Barry Councilmember Woody Owens City Manager Clay Pearson City Attorney Darrin Coker City Secretary Frances Aguilar All members were present except Councilmember Hernandez. IV. CITIZEN COMMENTS Jimmy Davis, 5004 Colmesneil St, stated his gratitude to see the 32/30 plan end. He also suggested that Council hire an outside consultant to generate how much money was lost during the 32/30 plan,specifically the solid waste and sewer and trash revenue. V. PUBLIC HEARING NO. 1 1. Public Hearing: A request by the Director of Community Development of the City of Pearland for approval of a permanent zone classification of Suburban Residential-15 (SR -15) District for a newly annexed tract of land totaling approximately 7.7335 acres, to wit: Legal Description: The West one-half (W ½) of Lot or Tract No. 11 of the Allison Richey Gulf Coast Home Company Subdivision of Section No. 25, situated in the H.T. & B. R. R. Company Survey, Abstract No. 245, Brazoria County, Texas, according to the Map of Record in Volume 2, Page 10, Plat Records of Brazoria County, Texas. General Location: 5806 Bailey Road, Pearland, Texas. DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D Pearland City Council Minutes October 10, 2022 Mayor Cole opened the Public Hearing. Presentation was provided by Martin Griggs, Assistant Director of Community Development. There were no citizen comments. Mayor Cole closed the Public Hearing. VI. NEW BUSINESS 1. Consideration and Possible Action - First Reading of Ordinance No. 2000M-234 - 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 the West one-half (W ½) of Lot or Tract No. 11 of the Allison Richey Gulf Coast Home Company Subdivision of Section No. 25, situated in the H.T. & B. R. R. Company Survey, Abstract No. 245, Brazoria County, Texas, according to the Map of Record in Volume 2, Page 10, Plat Records of Brazoria County, Texas (located at 5806 Bailey Road, Pearland, Texas). Zone Change Application No. ZONE 22-14, a request by the Director of Community Development of the City of Pearland for approval of a permanent zone classification of Suburban Residential-15 (SR-15) District for a newly annexed tract 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 Koza made the motion, seconded by Councilmember Barry, to approve the first reading of Ordinance No 2000M-234. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried. VII. PUBLIC HEARING NO. 2 2. Public Hearing: A request by the Director of Community Development of the City of Pearland for approval of a permanent zone classification of Suburban Residential-15 (SR -15) District for a newly annexed tract of land totaling approximately 15.139 acres, to wit: Legal Description: A 15.139 acres tract of land, being Lots 3A, 3B and 4 of Kanawha-Texas Company Subdivision of Parts of Section 18 & 22, situated within the H.T. & B. R. R. Company Survey, Abstract No. 547, Brazoria County, Texas, according to the Map or Plat recorded in Volume 2, Page 51 of the Plat Records of Brazoria County, Texas. General Location: 3525 Charles Avenue, Pearland, Texas. DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D Pearland City Council Minutes October 10, 2022 Mayor Cole opened the Public Hearing. Presentation was provided by Martin Griggs, Assistant Director of Community Development. There were no citizen comments. Mayor Cole closed the Public Hearing. VIII. NEW BUSINESS 2. Consideration and Possible Action - First Reading of Ordinance No. 2000M-235 - 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 15.139 acres tract of land, being Lots 3A, 3B and 4 of Kanawha-Texas Company Subdivision of Parts of Section 18 & 22, situated within the H.T. & B. R. R. Company Survey, Abstract No. 547, Brazoria County, Texas, according to the Map or Plat recorded in Volume 2, Page 51 of the Plat Records of Brazoria County, Texas (located at 3525 Charles Avenue, Pearland, Texas). Zone Change Application No. ZONE 22-15, a request by the Director of Community Development of the City of Pearland for approval of a permanent zone classification of Suburban Residential- 15 (SR-15) District for a newly annexed tract 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 Koza, to approve the first reading of Ordinance No 2000M-235. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried. IX. PUBLIC HEARING NO. 3 3. Public Hearing: A request by Justin Barnett, applicant, on behalf of Triangle 31 Properties LLC, owner, for approval of reinstatement and amendments of the French Quarter Planned Development, on approximately 62.39 acres of land, to wit: Legal Description: Being a 62.39 acres tract of land situated in the H.T. & B.R.R. Company Survey, Section No. 28, Abstract No. 551, Brazoria County, Texas, and being all of a called 31.628 acre tract of land described as Tract 1 in General Warranty Deed to Triangle 31 Properties as recorded in No. 2007017677 of the Official public Records of Brazoria County, Texas, and being all of Lots 161, 163, 164 and 175 of the Zychlinksi Subdivision DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D Pearland City Council Minutes October 10, 2022 as recorded in Volume 29, Page 9 of the Brazoria County Deed, and being all of a called 30.84 -acre tract of land described in Correction Special Warranty Deed to Triangle 31 Properties as recorded in Instrument No. 2020070090 of the Official Public Records of Brazoria County, Texas. General Location: 3900 Block of Pearland Parkway, Pearland, Texas. Mayor Cole opened the Public Hearing. Presentation was provided by Martin Griggs, Assistant Director of Community Development. Justin Barnett, applicant, Triangle 31 Properties LLC, was present to answer questions from the Council. There were no citizen comments. Mayor Cole closed the Public Hearing. X. NEW BUSINESS 3. Consideration and Possible Action - First Reading of Ordinance No. 2000M-236 - 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 62.39 acres tract of land situated in the H.T. & B.R.R. Company Survey, Section No. 28, Abstract No. 551, Brazoria County, Texas, and being all of a called 31.628 acre tract of land described as Tract 1 in General Warranty Deed to Triangle 31 Properties as recorded in No. 2007017677 of the Official public Records of Brazoria County, Texas, and being all of Lots 161, 163, 164 and 175 of the Zychlinksi Subdivision as recorded in Volume 29, Page 9 of the Brazoria County Deed, and being all of a called 30.84-acre tract of land described in Correction Special Warranty Deed to Triangle 31 Properties as recorded in Instrument No. 2020070090 of the Official Public Records of Brazoria County, Texas (located at 3900 Block of Pearland Parkway, Pearland, Texas). Zone Change Application No. ZONE 22-20, a request by request by Justin Barnett, applicant, on behalf of Triangle 31 Properties LLC, owner, for approval of reinstatement and amendments of the French Quarter Planned Development, on approximately 62.39 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 Carbone made the motion, seconded by Councilmember Cade, to approve the first reading of Ordinance No 2000M-236. Councilmember Kamkar made the motion, seconded by Councilmember Koza, to amend Exhibit "E" by moving Phase 4 - Future Site of Amenity up to Phase 2. DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D Pearland City Council Minutes October 10, 2022 AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried to amend. Councilmember Kamkar made the motion, seconded by Councilmember Koza, to approve the first reading of Ordinance No 2000M-236 as amended. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried. XI. PUBLIC HEARING NO. 4 4. Public Hearing: A request by Andrew Lang, BGE, Inc., applicant, on behalf of RMJ Miller Real Estate Holdings, owner, for approval of a zone change from Residential Estate (R-E) District to Planned Development (PD) District, incorporating approximately 79.42 acre of land into the Massey Oak Planned Development, to wit: Legal Description: Being a 79.42-acre tract of land situated in the H.T. & B. R.R. CO. Survey, Section 32, Abstract No. 525 of Brazoria County, Texas and being out of a called 247.91-acre tract of land described in an instrument to RMJ Miller Real Estate Holdings, LTD., recorded under Brazoria County Clerk’s File No. 2001055633 and corrected under Brazoria County Clerk’s File No. 2002020349. General Location: South of Old Massey Ranch Road, East of the Future Harkey Road and West of McLean Road. Mayor Cole opened the Public Hearing. Presentation was provided by Martin Griggs, Assistant Director of Community Development. DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D Pearland City Council Minutes October 10, 2022 Allen Mueller, on behalf of Massey Oaks, was present to answer questions from the Council. Andrew Lang, BGE, Inc., applicant, gave a presentation and was present to answer questions from the Council. Jeff Johnson, on behalf of Chesmar Homes, was present to answer questions from the Council. There were no citizen comments. Mayor Cole closed the Public Hearing. XII. NEW BUSINESS 4. Consideration and Possible Action - First Reading of Ordinance No. 2000M-237 - 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 79.42-acre tract of land situated in the H.T. & B. R.R. CO. Survey, Section 32, Abstract No. 525 of Brazoria County, Texas and being out of a called 247.91-acre tract of land described in an instrument to RMJ Miller Real Estate Holdings, LTD., recorded under Brazoria County Clerk’s File No. 2001055633 and corrected under Brazoria County Clerk’s File No. 2002020349 (located South of Old Massey Ranch Road, East of the Future Harkey Road and West of McLean Road). Zone Change Application No. ZONE 22-22, a request by request by Andrew Lang, BGE, Inc., applicant, on behalf of RMJ Miller Real Estate Holdings, owner, for approval of a zone change from Residential Estate (R-E) District to Planned Development (PD) District, incorporating approximately 79.42 acre of land into the Massey Oak Planned 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 Cade made the motion, seconded by Councilmember Owens, to approve the first reading of Ordinance No. 2000M-237. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried. XIII. PUBLIC HEARING NO. 5 5. Public Hearing: A request by Tessie Gurley, 2 Barnetts Ltd, applicant and owner, for approval of a Conditional Use Permit (CUP) for Heavy Machinery Sales, Storage, Rental & Repair Combined Tool and Machinery Rental (Indoor Storage only) use on approximately 3.4248 acres of land within the General Commercial (GC) District, to wit: DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D Pearland City Council Minutes October 10, 2022 Legal Description: 3.4248 acres of land, more or less, being a portion of Tract 37, of the W. Zychlinski’s Subdivision of the H.T & B.R.R. Company Survey, Section No. 2, Abstract No. 542, Brazoria County, Texas. General Location: 1715 Main Street, Pearland, TX. Mayor Cole opened the Public Hearing. Presentation was provided by Martin Griggs, Assistant Director of Community Development. Tessie Gurley, the applicant, was present to answer questions from the Council. There were no citizen comments. Mayor Cole closed the Public Hearing. XIV. NEW BUSINESS 5. Consideration and Possible Action - Resolution No. R2022-CUP 22-20 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Heavy Machinery Sales, Storage, Rental & Repair Combined Tool and Machinery Rental (Indoor Storage only) use within the General Commercial (GC) District, on approximately 3.4248 acres of land,being described as 3.4248 acres of land, more or less, being a portion of Tract 37, of the W. Zychlinski’s Subdivision of the H.T & B.R.R. Company Survey, Section No. 2, Abstract No. 542, Brazoria County, Texas (located at 1715 Main Street, Pearland, TX). Conditional Use Permit Application No CUP22-20, for Heavy Machinery Sales, Storage, Rental & Repair Combined Tool and Machinery Rental (Indoor Storage only) use within the General Commercial (GC) District, at the request of Tessie Gurley, 2 Barnetts Ltd, applicant and owner, 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 Cade, to approve Resolution No. R2022-CUP 22-20. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Barry, to amend Resolution No. R2022-CUP 22-20., with the following conditions: DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D Pearland City Council Minutes October 10, 2022 1. Limit the number and size of the machinery stores on site. Only 4 cranes are allowed at 15 tons each. 2. No outdoor storage, machinery, or parts shall be visible from Highway 35. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried to amend. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Barry, to a pprove Resolution No. R2022-CUP 22-20 as amended. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried. XV. PUBLIC HEARING NO. 6 6. Public Hearing: A request by Haley Frentz, Riot Salon LLC, applicant, on behalf of Danny Newberry representing VIG Pearland LLC, owner, for approval of a Conditional Use Permit (CUP) for Massage Establishment use on approximately 1.771 acres of land located within the General Commercial (GC) District. to wit: Legal Description: 1.771-acre tract in the Perry & Austin League, Abstract No. 111, Brazoria County, Texas, said 1.771-acre tract is part of Lots 8, 9 and 10 in the George W. Jenkins Subdivision as recorded in Volume 2, Page 20 in the Brazoria County Plat Records and is further described as being the remainder of a 2.8472-acre tract described in a deed to Barnett Drywall & Supply, Inc. as recorded in Volume 1384, Page 969 in the Brazoria County Deed Records. General Location: 1331 Broadway, Suite K, Pearland, TX. Mayor Cole opened the Public Hearing. Presentation was provided by Martin Griggs, Assistant Director of Community Development. Haley Frentz, Riot Salon LLC., applicant, was present to answer questions from the Council. There were no citizen comments. Mayor Cole closed the Public Hearing. DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D Pearland City Council Minutes October 10, 2022 XVI. NEW BUSINESS 6. Consideration and Possible Action - Resolution No. R2022-CUP 22-22 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Massage Establishment use within the General Commercial (GC) District, on approximately 1.771 acres of land, being described as 1.771 -acre tract in the Perry & Austin League, Abstract No. 111, Brazoria County, Texas, said 1.771-acre tract is part of Lots 8, 9 and 10 in the George W. Jenkins Subdivision as recorded in Volume 2, Page 20 in the Brazoria County Plat Records and is further described as being the remainder of a 2.8472-acre tract described in a deed to Barnett Drywall & Supply, Inc. as recorded in Volume 1384, Page 969 in the Brazoria County Deed Records (located at 1331 Broadway, Suite K, Pearland, TX). Conditional Use Permit Application No CUP22-22, for Massage Establishment use within the General Commercial (GC) District, at the request of Haley Frentz, Riot Salon LLC, applicant, on behalf of Danny Newberry representing VIG Pearland LLC, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Owens made the motion, seconded by Councilmember Cade, to approve Resolution No. R2022-CUP 22-22. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried. XVII. PUBLIC HEARING NO. 7 7. Public Hearing: A request by the City of Pearland, applicant, for approval of proposed amendments to the Unified Development Code (UDC), Ordinance No. 2000T, in accordance with Section 1.1.4.1 of the Unified Development Code, to include: 1. Amendments to Chapter 2, Section 2.2.5.5 and Section 2.5.3.2 (c) and Chapter 5, to update use tables and definitions for Outside/Outdoor Uses (Display, Storage, and Sales), and Section 2.5.3.2 (c) to include Regulations to allow a permitted by right option for Outdoor Storage in the GB and GC Districts. 2. Amendments to Chapter 2, Section 2.4.5.1 (i) (4) to allow alternative subdivision fence materials along Corridor Overlay District Roads. 3. Amendments to Chapter 2, Section 2.2.5.5 to remove Furniture/Appliances - Open Storage & Retail Sale and Amend Land Use Matrix; and Chapter 4, Article 2, Section 4.2.1.2(a), to update parking requirements for Furniture and/or Appliance Store (Retail or Rental Only, Indoor Only). Mayor Cole opened the Public Hearing. DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D Pearland City Council Minutes October 10, 2022 Presentation was provided by Martin Griggs, Assistant Director of Community Development. Nancy Reifler, 3205 Wheatmeadow Ct, stated her concerns about the proposed amendment to Chapter 2, Section 2.4.5.1 (i) (4) to allow alternative subdivision fence materials along Corridor Overlay District Roads. Dayna Morrison, 3405 Fox Court, Rivermist HOA President, spoke in favor of the p roposed amendment to Chapter 2, Section 2.4.5.1 (i) (4) to allow alternative subdivision fence materials along Corridor Overlay District Roads. Mayor Cole closed the Public Hearing. XVIII. NEW BUSINESS 7. Consideration and Possible Action - First Reading of Ordinance No. UDC 2000-T-38 - An Ordinance of the City Council of the City of Pearland, Texas, for the purpose of amending to the Unified Development Code of the City of Pearland, Texas, Ordinance No. 2000T, Chapter 2, Section 2.2.5.5 and Section 2.5.3.2 (c) and Chapter 5, Section 5.1.1.1(a) to update use tables and definitions for Outside/Outdoor Uses (Display, Storage, and Sales); Section 2.5.3.2 (c) to include Regulations to allow a permitted by right option for Outdoor Storage in the GB and GC Districts; Chapter 2, Section 2.4.5.1 (i) (4) to allow alternative subdivision fence materials along Corridor Overlay District Roads; Chapter 2, Section 2.2.5.5 to remove Furniture/Appliances - Open Storage & Retail Sale and Amend Land Use Matrix; and Chapter 4, Section 4.2.1.2(a), to update parking requirements for Furniture and/or Appliance Store (Retail or Rental Only, Indoor Only); and containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Koza made the motion, seconded by Councilmember Barry, to approve the first reading of Ordinance No. UDC 2000-T-38. AYES: Carbone, Koza, Cade, Barry, and Owens. NAYS: Kamkar. The motion carried. XIX. CONSENT AGENDA A. Pulled for discussion. B. Consideration and Possible Action - Resolution No. R2022-229 - A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract for the Green Tee Re-Pump Project, to KR Allen Industrial Services, in the amount of $70,900.72. C. Consideration and Possible Action - Resolution No. R2022-230 - A Resolution of the City Council of the City of Pearland, Texas, amending a design contract with Gauge Engineering, associated with the Clear Creek DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D Pearland City Council Minutes October 10, 2022 Trail Project (Town Ditch/Preserve at Highland Glen to Pearland Parkway at UHCL), in the additional amount of $104,749.44 (total contract of $722,846.35). D. Consideration and Possible Action - Resolution No. R2022-231 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a design contract with Freese and Nichols, Inc., associated with the Sanitary Sewer Rehabilitation Project in Barry Rose Basin 3, in the amount of $494,670.00. E. Consideration and Possible Action - Resolution No. R2022-234 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager to participate in an interlocal pricing arrangement with Buyboard for the purchase of Fire Department medical supplies in the estimated amount of $120,000, from Bound Tree Medical for the period of November 23, 2022 through November 22, 2023. F. Consideration and Possible Action - Resolution No. R2022-235 - 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 Houston-Galveston Area Council (HGAC) for the unit supply purchase of Fire Department Radio Equipment, in the estimated amount of $286,115.56, from Motorola Solutions, Inc. G. Consideration and Possible Action - Resolution No. R2022-236 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager to participate in an interlocal pricing arrangement with Buyboard for the unit supply purchase of Fire Department medical supplies, in the estimated amount of $120,000, from Life Assist, Inc. for the period of November 23, 2022 through November 22, 2023. H. Consideration and Possible Action - Resolution No. R2022-237 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply contract for the purchase of Police Department Uniforms with Cop Stop, in the estimated amount of $122,400.00, for the period of October 14, 2022 through October 13, 2023. I. Pulled for discussion. Councilmember Koza made the motion, seconded by Councilmember Kamkar to adopt the Consent Agenda Items A through I, excluding items A and I. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried. XX. NEW BUSINESS CONTINUED 8. Consideration and Possible Action - Resolution No. R2022-228 - A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract associated with the Clear Creek Estates Road Repair Project, to Tandem Services, in the amount of $871,325.00. DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D Pearland City Council Minutes October 10, 2022 Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Cade to approve Resolution No. R2022-228. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried. 9. Consideration and Possible Action - Resolution No. R2022-205 - A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract associated with the installation of the Safe Routes to School Project, to MetroCity, LLC, in the amount of $2,126,381.00. Councilmember Cade made the motion, seconded by Councilmember Owens to approve Resolution No. R2022-205. Robert Upton, Director of Engineering and Public Works, was present to answer questions from the Council. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried. 10. Consideration and Possible Action - Resolution No. R2022-204 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a construction management and construction inspection services contract with Cobb Fendley Associates, Inc., in the estimated amount of $264,565.30, for the Safe Routes to School Project. Councilmember Barry made the motion, seconded by Councilmember Cade to approve Resolution No. R2022-204. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried. 11. Consideration and Possible Action - Resolution No. R2022-208 - A Resolution of the City Council of the City of Pearland, Texas, amending Task No. 5 (Task 5B) with Ardurra Group LLC, in the estimated amount of $999,974.00, for Owner’s Representative construction phase services associated with the Surface Water Plant Project. Councilmember Owens made the motion, seconded by Councilmember Barry to approve Resolution No. R2022-208. Robert Upton, Director of Engineering and Public Works, was present to answer questions from the Council. DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D Pearland City Council Minutes October 10, 2022 AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried. 12. City Council Input and Discussion – Southeast Pearland TIRZ #3 Clay Pearson, City Manager presented this item to Council for discussion. Angie Lutz, 3200 Phoenix Town, on behalf of Massey Oaks, spoke in favor of this item regarding creating a TIRZ #3. Peter Ghishan, 8545 Double R Dr, on behalf of Massey Oaks, spoke in favor of this item regarding creating a TIRZ #3. With a consensus, Mayor Cole directed staff to move forward in creating a TIRZ #3, and to bring back this item for future discussion. No action was taken. XXI. MATTERS REMOVED FROM CONSENT AGENDA A. Consideration and Possible Action - Approval of minutes for the City Council Special Meeting and the City Council Regular Meeting held on September 26, 2022. Councilmember Kamkar requested for this item to be pulled for discussion. Councilmember Koza made the motion, seconded by Councilmember Owens to approve the minutes for the City Council Special Meeting and the City Council Regular Meeting held on September 26, 2022. Councilmember Kamkar made the motion, seconded by Councilmember Cade to amend the minutes for the City Council Regular Meeting held on September 26, 2022, with corrections to add wording that 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. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried as amended. I. Consideration and Possible Action - Resolution No. R2022-238 - A Resolution of the City Council of the City of Pearland, Texas, rejecting any and all Proposals associated with a Public Works Staffing Study. Councilmember Kamkar requested for this item to be pulled for discussion. DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D Pearland City Council Minutes October 10, 2022 Mayor Pro Tem Carbone made the motion, seconded by Councilmember Cade to approve Resolution No. R2022-238. Robert Upton, Director of Engineering and Public Works, was present to answer questions from the Council. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried. XXII. OTHER BUSINESS There were no other business items. XXIII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION There were no issues to discuss. XXIV. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session at 9:48 p.m. Texas Government Code 551.072- Deliberations regarding the sale, purchase, lease or exchange of real property. Conducted Texas Government Code Section 551.074 – Personnel Matters – Deliberations regarding an appointment for an Associate Judge. Conducted Council returned from Executive Session at 10:31 p.m. XXV. NEW BUSINESS CONTINUED 13. Consideration and Possible Action - Regarding the sale, purchase, lease or exchange of real property. No action was taken. 14. Consideration and Possible Action - Regarding an appointment for an Associate Judge. Mayor Pro Tem Carbone made the motion, seconded by Councilmember Koza, to appoint Syed Iman as an Associate Judge. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried. XXVI. ADJOURNMENT Mayor Cole adjourned the meeting at 10:32 p.m. DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D Pearland City Council Minutes October 10, 2022 Minutes approved as submitted and/or corrected this 24th day of October 2022. City of Pearland, Texas J. Kevin Cole Mayor ATTEST: Frances Aguilar TRMC, MMC City Secretary DocuSign Envelope ID: 996D882B-9F5A-4798-BE9C-3AED63E3470D