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2023-03-06 CITY COUNCIL REGULAR MEETING MINUTESPearland City Council Minutes March 06, 2023 CITY OF PEARLAND, TEXAS CITY COUNCIL REGULAR MEETING MINUTES MARCH 6, 2023 The City Council of Pearland, Texas convened in a meeting on Monday, March 6, 2023, at the Pearland City Hall Council Chambers, 3519 Liberty Drive, Pearland Texas. The following represents the actions taken by City Council in the order they occurred during the meeting. All motions are made by Council in consecutive order, as determined by the Mayor. I.CALL TO ORDER Mayor J. Kevin Cole called the meeting to order at 6:30 PM II.INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG AND TEXAS FLAG Councilmember Barry gave the Invocation and Councilmember Koza 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 Interim City Manager Trent Epperson City Attorney Darrin Coker City Secretary Frances Aguilar All members were present. IV.CITIZEN COMMENTS David Bean, 2110 Cedar St., addressed Council stating his concerns regarding the disturbing books and materials that are in our city libraries. V.PUBLIC HEARING NO. 1 1.Public Hearing: A request by Kareem Girgis, applicant, on behalf of St. Catherine of Alexandria Coptic Orthodox Church, owner, for approval of a Conditional Use Permit (CUP) for Church, Temple, or Place of Worship within the Single-Family Residential-1 (R-1) District, to accommodate the development of a 3,000-square foot church on approximately 4.99 acres of land; to wit: DocuSign Envelope ID: 4405C596-BE01-4A08-8B8B-0DDFB25856A8 Pearland City Council Minutes March 06, 2023 Legal Description: The west one-half (W ½) of Lot 47, of the Allison Richey Gulf Coast Home Company Subdivision, Section 19, H.T. & B.R.R. CO. Survey 243, Brazoria County, Texas, according to the plat as recorded in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas. General Location: 2539 Zapalac Road, Pearland, TX. Mayor Cole opened the Public Hearing. Presentation provided by Mohamed Bireima, Senior Planner. Kareem Girgis, applicant, was present to answer questions from the Council. There were no citizen comments. Mayor Cole closed the Public Hearing. VI. NEW BUSINESS 1. Consideration and Possible Action - Resolution R2023-CUP 23-01 -A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Church, Temple, or Place of Worship use within the Single-Family Residential-1 (R-1) District on approximately 4.99 acres of land, being the west one-half (W ½) of Lot 47, of the Allison Richey Gulf Coast Home Company Subdivision, Section 19, H.T. & B.R.R. CO. Survey 243, Brazoria County, Texas, according to the plat as recorded in Volume 2, Page 23, of the Plat Records of Brazoria County, Texas (located at 2539 Zapalac Road, Pearland, TX). Conditional Use Permit Application No CUP23-01, for Church, Temple, or Place of Worship use within the Single-Family Residential-1 (R-1) District, at the request of Kareem Girgis, applicant, on behalf of St. Catherine of Alexandria Coptic Orthodox Church, 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 Cade to approve Resolution R2023-CUP 23-01. AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens. NAYS: None. The motion carried. VII. PUBLIC HEARING NO. 2 2. Public Hearing: A request by Paul Grohman, applicant, on behalf of PJK at Pearland, owner, for approval of a Conditional Use Permit (CUP) for Massage Establishment use on approximately 1.7729 acres of land located within the Stonebridge Planned Development (PD) District, to wit: DocuSign Envelope ID: 4405C596-BE01-4A08-8B8B-0DDFB25856A8 Pearland City Council Minutes March 06, 2023 Legal Description: Lot 1, in Block 1, Minor Subdivision Plat of Buck Plaza, being a subdivision of 1.7729 acres of land, as recorded in County Clerks’ File No. 2016061155 of the Plat Records of Brazoria County, Texas. General Location: 1925 Pearland Parkway, Suite 120, Pearland, TX. Mayor Cole opened the Public Hearing. Presentation provided by Mohamed Bireima, Senior Planner. Paul Grohman, applicant, gave comments and was present to answer questions from the Council. Dr. Shane Sigg, Chiropractor, gave comments and was present to answer questions from the Council. There were no citizen comments. Mayor Cole closed the Public Hearing. VIII. NEW BUSINESS 2. Consideration and Possible Action - Resolution R2023-CUP 23-03 -A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Massage Establishment use within the Stonebridge Planned Development (PD) District, on approximately 1.7729 acres of land, being Lot 1, in Block 1, Minor Subdivision Plat of Buck Plaza, being a subdivision of 1.7729 acres of land, as recorded in County Clerks’ File No. 2016061155 of the Plat Records of Brazoria County, Texas (located at 1925 Pearland Parkway, Suite 120, Pearland, TX). Conditional Use Permit Application No CUP23-03, for Massage Establishment use within the Stonebridge Planned Development (PD) District, at the request of Paul Grohman, applicant, on behalf of PJK at Pearland, owner, 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 Cade to approve Resolution R2023-CUP 23-03. AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens. NAYS: None. The motion carried. IX. PUBLIC HEARING NO. 3 3. Public Hearing - A public hearing to be conducted by the City Council of the City of Pearland, as requested by the Region VI Administrator (Texas) of the Federal Emergency Management Agency (FEMA), in compliance with Executive Orders 11988 and 11990, pursuant to the City's request for DocuSign Envelope ID: 4405C596-BE01-4A08-8B8B-0DDFB25856A8 Pearland City Council Minutes March 06, 2023 a Nationwide Wetland Permit from the U.S. Army Corps of Engineers (USACE) for drainage improvements primarily located in the Hickory Slough Watershed. Mayor Cole opened the Public Hearing. Presentation provided by Joel Hardy, Grants/Special Projects Administrator. Rajendra Shrestha, City Engineer, was present to answer questions from the Council. There were no citizen comments. Mayor Cole closed the Public Hearing. X. CONSENT AGENDA A. Consideration and Possible Action - Approval of minutes for the City Council Strategic Planning Workshop Retreat held on February 18, 2023, and the City Council Regular Meeting held on February 20, 2023. B. Consideration and Possible Action - Resolution No. R2023-66 - A resolution of the City Council of the City of Pearland, Texas, reappointing and appointing members to the Tax Increment Zone No. 2 Board of Directors; reappointing Kenneth R. Phillips to Position No. 3, with a term expiring March 6, 2025; reappointing Henry Fuertes to Position No. 4 with a term expiring March 6, 2025; and appointing Christopher Williams to Position No. 6 with a term expiring November 1, 2023. C. Consideration and Possible Action - Resolution No. R2023-59 - A Resolution of the City Council of the City of Pearland, Texas, amending a professional service contract with Civic Initiatives, for on-demand procurement support services, in the additional amount of $25,000.00 (total amount of $75,000.00). D. Consideration and Possible Action - Resolution No. R2023-60 - A Resolution of the City Council of the City of Pearland, Texas, renewing a Lease Agreement with CBL Properties for office space to serve the Pearland Convention and Visitors Bureau. E. Consideration and Possible Action - Resolution No. R2023-61 - 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 purchasing cooperative for the purchase of replacement hardwood floors (Activity Room at the Pearland Recreation Center & Natatorium), in the estimated amount of $55,512.60, from Jellison, Inc. F. Pulled for discussion. G. Consideration and Possible Action - Resolution No. R2023-65 - A Resolution of the City Council of the City of Pearland, Texas, renewing the DocuSign Envelope ID: 4405C596-BE01-4A08-8B8B-0DDFB25856A8 Pearland City Council Minutes March 06, 2023 purchase of Workers Compensation Excess Insurance Coverage with Midwest Employers, in the amount of $153,918.00, for the period of October 1, 2022 through September 30, 2023. H. Pulled for discussion. I. Consideration and Possible Action - Resolution No. R2023-55 - A Resolution of the City Council of the City of Pearland, Texas, amending an interlocal agreement with Brazoria County associated with concrete repairs to Northfork Drive, in the additional amount of $29,113.16 (total contract amount of $67,770.66). J. Pulled for discussion. K. Pulled for discussion. Mayor Pro Tem Carbone made the motion, seconded by Councilmember Koza to adopt the Consent Agenda items A-K, with the exception of F, H, J, and K. AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens. NAYS: None. The motion carried. XI. NEW BUSINESS CONTINUED 1. Consideration and Possible Action – First Reading of Ordinance No. 1624 - An Ordinance of the City Council of the City of Pearland, Texas, authorizing the issuance of City of Pearland, Texas, permanent improvement refunding bonds in one or more series; 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 and provisions relating thereto. Councilmember Cade made the motion, seconded by Mayor Pro Tem Carbone to approve the first reading of Ordinance No. 1624. John Robuck, City's Financial Advisor, provided a presentation and was present to answer questions from the Council. AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens. NAYS: None. The motion carried. 2. Consideration and Possible Action - Resolution No. R2023-52 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Ardurra Group, Inc., for Owner’s Advisor services associated with the Barry Rose Water Reclamation Facility Expansion and the Longwood Water Reclamation Facility Decommissioning Projects, in the estimated amount of $6,896,585.00. DocuSign Envelope ID: 4405C596-BE01-4A08-8B8B-0DDFB25856A8 Pearland City Council Minutes March 06, 2023 Councilmember Hernandez made the motion, seconded by Councilmember Cade to approve Resolution No. R2023-52. Trent Epperson, Interim City Manager, was present to answer questions from the Council. AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens. NAYS: Kamkar. The motion carried. 3. Consideration and Possible Action - Resolution No. R2023-67- A Resolution of the City Council of the City of Pearland, Texas, authorizing a professional service contract with Cultural Planning Group (CPG), associated with preparation of Cultural Arts Master Plan, in the estimated amount of $89,840.00. Councilmember Barry made the motion, seconded by Councilmember Cade to approve Resolution No. R2023-67. David Plether-Saunders, Co-founder of the Culture Planning Group, provided a presentation and was present to answer questions from the Council. AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens. NAYS: None. The motion carried. XII. MATTERS REMOVED FROM CONSENT AGENDA F. Consideration and Possible Action - Resolution No. R2023-63 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a general services contract for building inspection services with BBG Consulting, Inc., in the amount of $100,000.00. Councilmember Kamkar pulled this item for discussion. Councilmember Owens made the motion, seconded by Councilmember Koza to approve Resolution No. R2023-63. John McDonald, Director of Community Development, was present to answer questions from the Council. AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens. NAYS: None. The motion carried. H. Consideration and Possible Action - Resolution No. R2023-48 - A Resolution of the City Council of the City of Pearland, Texas, awarding a contract for Ditch Cleaning Services to Texas Drainage Inc., in the DocuSign Envelope ID: 4405C596-BE01-4A08-8B8B-0DDFB25856A8 Pearland City Council Minutes March 06, 2023 estimated amount of $294,444.00, for the period of March 7, 2023 through March 6, 2024. Councilmember Hernandez pulled this item for discussion. Councilmember Koza made the motion, seconded by Councilmember Hernandez to approve Resolution R2023-48. Eric Hammond, Assistant Director of Public Works was present to answer questions from the Council. AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens. NAYS: None. The motion carried. J. Consideration and Possible Action - Resolution No. R2023-56 - A Resolution of the City Council of the City of Pearland, Texas, renewing a supply contract for large water meters and related parts with Park Environmental Equipment USA, in the estimated amount of $120,000.00, for the period of March 7, 2023 through February 14, 2024. Councilmember Owens pulled this item for discussion. Councilmember Kamkar made the motion, seconded by Councilmember Cade to approve Resolution No. R2023-56. Trent Epperson, Interim City Manager was present to answer questions from the Council. AYES: Koza, Kamkar, Hernandez, Cade, Barry, and Owens. NAYS: None. The motion carried. Mayor Pro Tem Carbone was absent during the vote. K. Consideration and Possible Action - Resolution No. R2023-62- A Resolution of the City Council of the City of Pearland, Texas, rejecting any and all bids for construction services associated with the South Corrigan Transite Waterline Replacement Project. Councilmember Cade pulled this item for discussion. Councilmember Hernandez made the motion, seconded by Councilmember Cade to approve Resolution No. R2023-62. Trent Epperson, Interim City Manager, was present to answer questions from the Council. Charles Gooden Jr, Charles Gooden Consulting Engineers, Inc., was present to answer questions from the Council. DocuSign Envelope ID: 4405C596-BE01-4A08-8B8B-0DDFB25856A8 Pearland City Council Minutes March 06, 2023 AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens. NAYS: None. The motion carried. XIII.OTHER BUSINESS There was no other business. XIV.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION There were no items for discussion. XV.EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session at 8:30 PM. 1.Section 551.072- Deliberations regarding the Sale, Purchase, Lease or Exchange of Real Property. Conducted. 2.Section 551.074- Deliberations regarding the search and selection process for the position of City Manager. Conducted. 3.Section 551.071- Consultation with City Attorney regarding health and safety regulations. Conducted. Council returned from Executive Session at 9:44 PM. XVI.ADJOURNMENT Mayor Cole adjourned the meeting at 9:44 PM. Minutes approved as submitted and/or corrected this 27th day of March. City of Pearland, Texas J.Kevin Cole Mayor ATTEST: Frances Aguilar TRMC, MMC City Secretary DocuSign Envelope ID: 4405C596-BE01-4A08-8B8B-0DDFB25856A8