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2022-11-21 CITY COUNCIL REGULAR MEETING MINUTES Pearland City Council Regular Meeting Minutes November 21, 2022 MINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 21, 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 6:32 p.m. II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG AND TEXAS FLAG Councilmember Layni Cade gave the Invocation and Ms. Ortiz, from the Leadership Pearland Program 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 Deputy City Manager Trent Epperson City Attorney Darrin Coker City Secretary Frances Aguilar All members were present except Councilmember Adrian Hernandez. IV. CITIZEN COMMENTS Jim Johnson, President/CEO, Pearland Chamber of Commerce, introduced the Leadership Pearland class of 2022. V. PUBLIC HEARING NO. 1 1. Public Hearing: A request by TN Associates, Inc., applicant, on behalf of Shahil Maknojia, owner, for approval of a Conditional Use Permit (CUP) for Convenience Store use in conjunction with a proposed Gasoline Station on approximately 1.23 acres of land within the Light Industrial (M-1) District, to wit: Legal Description:1.23-acre tract of land, being all that certain portion lying east of County Road 143 of that certain 12.987-acre tract (called 13 acres), out of the H.T. & B.R.R. Company Survey, Section 11, Abstract No. 239, Brazoria County, Texas, being the same property conveyed by Luella M. Reid and Brevard R. Knight to Britton Ryan, Jr., and Roy Long by Deed Records dated July 15, 1969, recorded in Volume 1040, Page 466 of the Deed Records of Brazoria County, Texas. DocuSign Envelope ID: E0AAA06D-261D-48C2-AFD2-3BB3403B0AF7 Pearland City Council Regular Meeting Minutes November 21, 2022 General Location: East of Veterans Road, North of Fite Road. Mayor Cole opened the Public Hearing. Presentation was provided by Mohamed Bireima, Senior Planner. Mona Malone, 1000 Broadway Ste 120, stated that she was in favor of the proposed project. An Ohnesorge, 4303 Brazos Bend Dr., stated that she was not in favor of the proposed project and also stated her concerns about the increase in traffic and safety concerns for the residents that walk and bike on the trail. Jimmy Davis, 5004 Colmesneil St., stated that he was not in favor of the proposed project and that there are too many gas stations in the area currently. Jimmy also stated his concerns about the retention ponds and the safety of the residents that walk the trail. Dr. Rochelle Parks-Yancy, 4803 Lakefront Terrace Dr., stated her concerns about the proposed project, and how there are many gas stations in the area already, and another one is not needed. Tina D'Astoli, 4103 Twin Lakes Trail, stated that she was not in favor of the proposed project because of safety issues it may bring to the neighborhood, and she prefers that this CUP change to residential. Stephanie Herbert, 2006 Isla Dr., stated her concerns about the safety issues for the kids and residents in the neighborhood. Shahil Maknojia, the applicant, was present to answer questions from the staff. Mayor Cole closed the Public Hearing. VI. NEW BUSINESS 1. Consideration and Possible Action - Resolution No. R2022-CUP 22-24 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Convenience Store use in conjunctionwith a proposed Gasoline Station within the Light Industrial (M-1) District on approximately 1.23 acres of land, being 1.23-acre tract of land, being all that certain portion lying east of County Road 143 of that certain 12.987-acre tract (called 13 acres), out of the H.T. & B.R.R. Company Survey, Section 11, Abstract No. 239, Brazoria County, Texas, being the same property conveyed by Luella M. Reid and Brevard R. Knight to Britton Ryan, Jr., and Roy Long by Deed Records dated July 15, 1969, recorded in Volume 1040, Page 466 of the Deed Records of Brazoria County, Texas (located East of Veterans Road, North of Fite Road). Conditional Use Permit Application No CUP22-24, for Convenience Store DocuSign Envelope ID: E0AAA06D-261D-48C2-AFD2-3BB3403B0AF7 Pearland City Council Regular Meeting Minutes November 21, 2022 use in conjunction with a proposed Gasoline Station within the Light Industrial (M-1) District, at the request of TN Associates, Inc., applicant, on behalf of Shahil Maknojia, owner, 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 Resolution No. R2022-CUP 22-24. AYES: None. NAYS: Carbone, Koza, Kamkar, Cade, Barry, and Owens. The motion failed. VII. PUBLIC HEARING NO. 2 2. Public Hearing - Regarding the abandonment of all public alleys located in Block 7 of the Pearland Townsite plat contained the H.T. & B. RR Sections 1, 2, 3 and 4; an area generally surrounded by N. Grand Blvd., E. Plum Street, N. Park Avenue and Zychlinski Drive. Mayor Cole opened the Public Hearing. Presentation was provided by Darrin Coker, City Attorney. Justin Gonzalez, representative from Pearland Church of Christ, was present to give comments and answer questions from the Council. Michelle Descoteaux, 2206 Park Ave., stated that she uses the alleyways for parking her son's vehicle. The alleyway also gives access to emergency vehicles that may need to come back to the apartment garage connected to her house. Leah Smith Bateman, 3205 Nottingham St., stated her safety concerns that the alleyway brings to the kids and members of the church. Stephanie Herbert, 2006 Isla Dr., stated that the alleyways should stay accessible to the resident. Mayor Cole closed the Public Hearing. VIII. NEW BUSINESS 2. Consideration and Possible Action – First Reading of Ordinance No. 1622 - An Ordinance of the City Council of the City of Pearland, Texas, reserving a public utility easement within public alleys located in Block 7 of the Pearland Townsite Plat, H.T. & B. RR Sections 1, 2, 3 and 4 (“Plat”) contained plat records of Brazoria County; an area generally surrounded by N. Grand Blvd., E. Plum Street, N. Park Avenue and Zychlinski Drive, within the corporate city limits of Pearland; and abandoning all public DocuSign Envelope ID: E0AAA06D-261D-48C2-AFD2-3BB3403B0AF7 Pearland City Council Regular Meeting Minutes November 21, 2022 alleys located in Block 7 of the Plat; containing a savings clause and a severability clause; and providing for an effective date. Councilmember Kamkar made the motion, seconded by Councilmember Cade, to approve the first reading of Ordinance No. 1622. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried. IX. NEW BUSINESS 3. Staff Presentation with City Council Input and Discussion – Background, Impact, and Options related to Corrections to Taxable Value relating to the Adopted FY 23 Budget. Presentation was provided by Trent Epperson, Deputy City Manager, and Eric Roche, Budget Officer. Jimmy Davis, 5004 Colmesneil Dr., stated his concerns about the carryovers and property tax reductions that were mentioned in the staff presentation. Dr. Rochelle Parks-Yancy, 4803 Lakefront Terrace Dr., started her concerns about the Public Relations involved with informing the citizens. John Robuck, Financial Advisor, BOK Financial Securities, Inc., gave more input on Corrections to Taxable Value relating to the Adopted FY 23 Budget and answered questions from the Council. Councilmember Kamkar proposed a 4.7 million cut from the general fund budget. He also proposed a 90-day contracting freeze and a 90-day hiring freeze as well. Mayor Cole stated that any plan put in place has out year’s consequences. In support of not interrupting any services to residents: Mayor Cole, Councilmembers Koza, Carbone, Barry, Owens. Direction was given by Trent Epperson, Deputy City Manager, that New Business items 4,5,6, and 7 will determine the next steps. Also, Budget Amendment No. 1 will be discussed at the December 5th City Council Regular meeting. 4. Consideration and Possible Action - Resolution No. R2022-270 - A Resolution of the City Council of the City of Pearland, Texas, approving the issuance of the Development Authority of Pearland Tax Increment Contract Revenue Bonds Series 2022; approving a bond resolution, purchase letter, and other documents relating to the bonds; making certain findings and containing other provisions related thereto. DocuSign Envelope ID: E0AAA06D-261D-48C2-AFD2-3BB3403B0AF7 Pearland City Council Regular Meeting Minutes November 21, 2022 John Robuck, Financial Advisor, BOK Financial Securities, Inc., presented and was present to answer questions from the Council. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Owens to approve Resolution No. R2022-270. AYES: Carbone, Koza, Cade, Barry, and Owens. NAYS: Kamkar. The motion carried. 5. Consideration and Possible Action - Resolution No. R2022-269 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the defeasance and redemption of certain of the City’s Certificates of Obligations Series 2019B (TIRZ related projects); making certain findings and containing other provisions related thereto. John Robuck, Financial Advisor, BOK Financial Securities, Inc., presented and was present to answer questions from the Council. Councilmember Cade made the motion, seconded by Councilmember Barry to approve Resolution No. R2022-269. AYES: Carbone, Koza, Cade, Barry, and Owens. NAYS: Kamkar. The motion carried. 6. Consideration and Possible Action – First Reading of Ordinance No. 1623 - An Ordinance of the City Council of the City of Pearland, Texas, authorizing the issuance of City of Pearland, Texas, permanent improvement refunding bonds; setting certain parameters for the bonds; authorizing refunding of certain outstanding obligations; authorizing a pricing officer to approve the amount, the interest rate, price, and terms thereof and certain other procedures. Councilmember Barry made the motion, seconded by Councilmember Owens to approve the first reading of Ordinance No. 1623. AYES: Carbone, Koza, Cade, Barry, and Owens. NAYS: Kamkar. The motion carried. 7. Consideration and Possible Action - Regarding the City Council’s engagement of an independent third party to review and prepare a written forensic audit with respect to the role of the parties and processes involved with the City’s Fiscal Year 2023 budget process. The third-party firm shall report directly to the City Council with the Audit Committee serving as the direct City contact, and the firm shall not have any prior experience working for or on behalf of the City. The forensic audit shall be DocuSign Envelope ID: E0AAA06D-261D-48C2-AFD2-3BB3403B0AF7 Pearland City Council Regular Meeting Minutes November 21, 2022 produced and distributed to the City Council on or before December 31, 2022. Councilmember Owens made the motion, seconded by Councilmember Barry to have the Council’s engagement of an independent third party to review and prepare an audit with respect to the role of the parties and processes involved with the City’s Fiscal Year 2023 budget process. Mayor Cole, Mayor Pro-Tem Carbone, and Councilmember Barry all gave an overview and stated their comments on behalf of the Audit Committee. Councilmember Kamkar made the motion, seconded by Mayor Pro-Tem Carbone to amend the Independent Audit Scope document adding the following items as stated: 3. c. How does the City of Pearland analyze the tax data provided by others in a historical context? 4. o. What process can we put in place to slow down, relieve, or adjust if we believe something is wrong with the data provided? AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried to amend. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried as amended. X. CONSENT AGENDA A. Consideration and Possible Action - Approval of minutes for the City Council Regular Meeting held on November 7, 2022. B. Consideration and Possible Action - Resolution No. R2022-232 - A Resolution of the City Council of the City of Pearland, Texas, appointing two (2) representatives and two (2) alternates to the Houston-Galveston Area Council (“H-GAC”) 2023 General Assembly; and appointing one (1) delegate and one (1) alternate to the HGAC Board of Directors. C. Consideration and Possible Action - Resolution No. R2022-254 - 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 phone related services from AT&T, in the estimated amount of $144,000.00 for fiscal year 2023. D. Consideration and Possible Action - Resolution No. R2022-257 - A Resolution of the City Council of the City of Pearland, Texas, authorizing participation in an interlocal agreement with the City of DeSoto for the purchase of EMS Billing Services from EMERGICON, LLC, in the estimated DocuSign Envelope ID: E0AAA06D-261D-48C2-AFD2-3BB3403B0AF7 Pearland City Council Regular Meeting Minutes November 21, 2022 amount of $130,000.00, for the period of January 1, 2023 through December 31, 2023. E. Consideration and Possible Action - Resolution No. R2022-258 - 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 Fire Department Uniforms, in the estimated amount of $264,082.00, from Got You Covered Work Wear & Uniforms. F. Consideration and Possible Action - Resolution No. R2022-262 - 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 Fire personal protection equipment (“PPE”), in the amount of $385,567.47, from Municipal Emergency Service. G. Consideration and Possible Action - Resolution No. R2022-263 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply bid for the purchase of office supplies with Staples Advantage, in the estimated amount of $100,000.00, for the period of November 22, 2022 through September 30, 2023. H. Consideration and Possible Action - Resolution No. R2022-264 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with CenterPoint Energy, in the amount of $134,072.00, for the installation and maintenance of streetlights associated with the McHard Road Project. I. Consideration and Possible Action - Resolution No. R2022-265 - A Resolution of the City Council of the City of Pearland, Texas, renewing a contract for Project Management Software Services with Aurigo, in the estimated amount of $185,573.00, for the period of December 6, 2022 through December 5, 2023. J. Consideration and Possible Action - Resolution No. R2022-266 - A Resolution of the City Council of the City of Pearland, Texas, accepting the City’s Investment Report for the quarter ending September 2022. K. Consideration and Possible Action - Resolution No. R2022-267 - A Resolution of the City Council of the City of Pearland, Texas, ratifying the City Manager’s reappointment of Phil Cessac to Position No.1 of the Civil Service Commission for a 3-year term expiring November 1, 2025. L. Consideration and Possible Action - Resolution No. R2022-268 - A Resolution of the City Council of the City of Pearland, Texas, appointing members to various City Boards and Commissions. M. Pulled for discussion. Councilmember Koza made the motion, seconded by Mayor Pro-Tem to adopt the Consent Agenda Items A through M, excluding item M. DocuSign Envelope ID: E0AAA06D-261D-48C2-AFD2-3BB3403B0AF7 Pearland City Council Regular Meeting Minutes November 21, 2022 AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried. XI. MATTERS REMOVED FROM CONSENT AGENDA M. Surface Water Treatment Plant Update. Councilmember Kamkar pulled this item for discussion. Robert Upton, Director of Engineering & Public Works, provided an overview of the update and answered questions from the Council. No action was taken. XII. NEW BUSINESS CONTINUED 8. Consideration and Possible Action - Resolution No. R2022-255 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply contract for landscape maintenance services (combined medians, right of way, parks and facilities) with Brightview Landscape, in the estimated amount of $1,617,458.28 for the period of November 29, 2022 through November 28, 2023. Councilmember Kamkar made the motion, seconded by Mayor Pro-Tem Carbone to approve Resolution No. R2022-255. Robert Upton, Director of Engineering & Public Works, answered questions from the Council. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried. 9. Consideration and Possible Action - Resolution No. R2022-259 - A Resolution of the City Council of the City of Pearland, Texas, awarding a installation services contract associated with the McHard Road Fiber Optics Conduit and Cable Installation Project, to TDC2, LLC., in the amount of $960,714.60. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Owens, to approve Resolution No. R2022-259. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried. XIII. OTHER BUSINESS DocuSign Envelope ID: E0AAA06D-261D-48C2-AFD2-3BB3403B0AF7 Pearland City Council Regular Meeting Minutes November 21, 2022 There were no other business items. XIV.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION There were no issues for City Council to discuss. XV.EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session at 9:47 p.m. 1.Section 551.074 - Personnel Matters - Discussion regarding the performance and employment of the City Manager. Conducted. Council returned from Executive Session at 11:28 p.m. XVI.NEW BUSINESS CONTINUED 10.Consideration and Possible Action - Regarding the performance and employment of the City Manager. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Owens to terminate the City’s employment agreement with City Manager Clay Pearson and appoint the City’s current Deputy City Manager, Trent Epperson as the Interim City Manager. AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens. NAYS: None. The motion carried. XVII.ADJOURNMENT Mayor Cole adjourned the meeting at 11:29 p.m. Minutes approved as submitted and/or corrected this 5th day of December 2022. City of Pearland, Texas J. Kevin Cole Mayor ATTEST: Frances Aguilar TRMC, MMC City Secretary DocuSign Envelope ID: E0AAA06D-261D-48C2-AFD2-3BB3403B0AF7