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2023-06-12 CITY COUNCIL REGULAR MEETING MINUTES Pearland City Council Regular Meeting Minutes June 12, 2023 CITY OF PEARLAND, TEXAS CITY COUNCIL REGULAR MEETING MINUTES June 12, 2023 The City Council of Pearland, Texas convened in a meeting on Monday, June 12, 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 6:35 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 Carbone 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 Joseph Koza Councilmember Tony Carbone Councilmember Alex Kamkar Councilmember Adrian Hernandez Councilmember Layni Cade Councilmember Jeffrey Barry City Manager Trent Epperson City Attorney Darrin Coker City Secretary Frances Aguilar All members were present except Councilmember Rushi Patel. IV. CITIZEN COMMENTS Jimmy Davis, 5004 Colmesneil Drive, spoke about New Business #1 and asked Council to listen to the residents surrounding the property. He spoke about New Business 6 and requested Council go from 45 days to 90 days for the censure policy. He spoke about Mayor/Council Issue #2 and requested Council to declare Larvicide the preferred method of mosquito repellent. V. CONSENT AGENDA A. Consideration and Possible Action - Approval of minutes for the City Council and Pearland Economic Development Corporation Special Meeting held on May 22, 2023, and the City Council Regular Meeting held on May 22, 2023. B. Consideration and Possible Action - Second and Final Reading of Ordinance No. 1358-25 - An Ordinance of the City Council of the City of DocuSign Envelope ID: 9D94D508-A547-441B-9DB0-19DDC1E248FB Pearland City Council Regular Meeting Minutes June 12, 2023 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. C. Consideration and Possible Action - Resolution No. R2023-137 - A Resolution of the City Council of the City of Pearland, Texas, authorizing expenditures with Alvin Community College, for fees associated with the Pearland Police Academy’s partnership with the Alvin Community College Law Enforcement Academy, in the additional amount of $54,259.14 (total contract amount of $88,684.14). D. Consideration and Possible Action - Resolution No. R2023-117 - A Resolution of the City Council of the City of Pearland, Texas, amending a unit price contract for the purchase of motor fuel from Houston-Pasadena Apache Oil Company, in the additional amount of $175,500.00 (total contract amount of $1,125,000.00). E. Consideration and Possible Action - Resolution No. R2023-132 - A Resolution of the City Council of the City of Pearland, Texas, amending a supply contract for lift station cleaning services with Wastewater Transport Services, in the additional amount of $100,000.00 (total contract amount of $500,000.00). F. Consideration and Possible Action - Resolution No. R2023-141 - A Resolution of the City Council of the City of Pearland, Texas, amending a construction materials testing contract with GeoScience Engineering and Testing, Inc., in the additional amount of $61,581.25 (total contract amount of $558,317.00), associated with the John Hargrove Water Reclamation Facility Expansion Project. G. Consideration and Possible Action - Resolution No. R2023-138 - 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 $100,000.00 (total contract amount of $175,000.00). H. Consideration and Possible Action - Resolution No. R2023-34 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit price contract for Water Production, Surface Water, Wastewater, and Environmental Services laboratory services with Envirodyne Laboratories, in the estimated amount of $162,000.00, for the period of June 13, 2023 through June 12, 2024. I. Consideration and Possible Action - Resolution No. R2023-145 - A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply contract, through an interlocal pricing arrangement with National Purchasing Partners (NPP) for the purchase of Fire Department medical equipment and related services, to Zoll Medical, in the estimated amount of $106,160.58. Councilmember Carbone made the motion, seconded by Councilmember Barry to adopt the Consent Agenda items A - I. DocuSign Envelope ID: 9D94D508-A547-441B-9DB0-19DDC1E248FB Pearland City Council Regular Meeting Minutes June 12, 2023 AYES: Koza, Carbone, Kamkar, Hernandez, Cade, and Barry. NAYES: None. The motion carried. VI. NEW BUSINESS 1. Consideration and Possible Action - Second and Final Reading of Ordinance No. 2000M-248 - 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; a tract or parcel containing 14.857 acres, or 647,181 square feet of land situated in the H.T. & B. R.R. Co. Survey, Section 17, Abstract No. 242, Brazoria County, Texas, being all of commercial reserve “E”, Block 3, and a portion of a right-of-way dedication, Tranquility Lake Estates Section 4, map or plat thereof recorded under Plat No. 2019010684, Brazoria County Plat Records (B.C.P.R.), same being out of Lot 1, Block 1, Cullen Parkway and Old Chocolate Bayou, map or plat thereof recorded under Plat No. 2020011820, B.C.P.R., also being out of three (3) tracts, all of a called 7.7144-acre tract described in deed to PHE-Fite Interest, LP, as recorded under Brazoria County Clerk’s File No. 2010018718, residue of called 15.7778 acre tract described in deed to Tranquility Lake Estates, LLC, as recorded under B.C.C.F. No. 2018007406 and residue of called 10.0000 acre tract described in deed to Fite Interest, Ltd, as recorded under B.C.C.F. No. 2001011751 (located at the northeast corner of Cullen Parkway and Fite Road). Zone Change Application No. ZONE 23-01, a request by Jeff Boutte, Windrose Land Services, applicant, on behalf of PHE-Fite Interests LP (Signature Companies) and Tranquility Lake Estates LLC, owner, for approval of a zone change from General Business (GB) District to Planned Development (PD) 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 Kamkar made the motion, seconded by Councilmember Cade to approve Ordinance No. 2000M-248. AYES: Carbone, Hernandez, Cade and Barry. NAYES: Koza and Kamkar The motion carried. 2. Consideration and Possible Action - Resolution No. R2023-111 - A Resolution of the City Council of the City of Pearland, Texas, amending a professional services contract with FORVIS, associated with the City’s annual comprehension financial report, in the additional amount of $87,970.00 (total contract of $217,000.00). Mayor Pro-Tem Koza made the motion, seconded by Councilmember Barry to approve Resolution R2023-111. Councilmember Carbone made the motion, seconded by Councilmember Barry to amend the total contract to not exceed $150,000. DocuSign Envelope ID: 9D94D508-A547-441B-9DB0-19DDC1E248FB Pearland City Council Regular Meeting Minutes June 12, 2023 AYES: Koza, Carbone, Kamkar, Hernandez, Cade, and Barry. NAYES: None. The motion carried to amend. Mayor Pro-Tem Koza made the motion, seconded by Councilmember Barry to approve Resolution R2023-111 as amended. AYES: Koza, Carbone, Kamkar, and Barry. NAYES: Hernandez and Cade. The motion carried. 3. Consideration and Possible Action - Resolution No. R2023-144 - A Resolution of the City Council of the City of Pearland, Texas, ratifying the emergency expenditures associated with the City's participation in the Buyboard Purchasing System for the purchase of ten (10) police vehicles Tahoes Parkway Chevrolet in the amount of $660,237.40. Councilmember Hernandez made the motion, seconded by Councilmember Cade to approve Resolution R2023-144. AYES: Koza, Carbone, Kamkar, Hernandez, Cade, and Barry. NAYES: None. The motion carried. 4. Consideration and Possible Action - Resolution No. R2023-139 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a Flood Mitigation Assistance Program contract for home elevation services with Planet Three Elevation, funded by the Texas Water Development Board, in an amount not to exceed $1,431,775.00. Councilmember Cade made the motion, seconded by Councilmember Barry to approve Resolution R2023-139. AYES: Koza, Carbone, Kamkar, Hernandez, Cade, and Barry. NAYES: None. The motion carried. 5. Consideration and Possible Action - Resolution No. R2023-51 - A Resolution of the City Council of the City of Pearland, Texas, amending a design contract with Lockwood, Andrews & Newnam, Inc., associated with the Mykawa Road Project (BW8 to F.M. 518), in the additional amount of $488,390.11 (total contract of $3,487,869.53). Councilmember Barry made the motion, seconded by Mayor Pro-Tem Koza to approve Resolution R2023-51. DocuSign Envelope ID: 9D94D508-A547-441B-9DB0-19DDC1E248FB Pearland City Council Regular Meeting Minutes June 12, 2023 AYES: Koza, Carbone, Kamkar, Hernandez, Cade, and Barry. NAYES: None. The motion carried. 6. Consideration and Possible Action - Resolution No. R2023-142 - A Resolution of the City Council of the City of Pearland, Texas, amending the City Council Rules and Order of Business (“Rules”) as guidelines for the organization and governance of the City Council. Councilmember Carbone made the motion, seconded by Councilmember Barry to approve Resolution R2023-142. Councilmember Kamkar made the following statement: AYES: Koza, Carbone, Kamkar, Hernandez, Cade, and Barry. NAYES: None. The motion carried. DocuSign Envelope ID: 9D94D508-A547-441B-9DB0-19DDC1E248FB Pearland City Council Regular Meeting Minutes June 12, 2023 VII. MATTERS REMOVED FROM CONSENT AGENDA There were no items removed from Consent Agenda. VII. OTHER BUSINESS There were no other business items. IX. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION 1. Discussion and direction to staff regarding PEDC funds allocated for redevelopment. Councilmember Barry and Mayor Pro-Tem Koza discussed putting a policy in place about how to use the PEDC funds allocated for redevelopment. 2. A Resolution Proclaiming Larvicides as the Preferred Method of Chemical- Based Vector Control and Committing to Environmentally Mindful Chemical Selection. Dane Beito, 5710 Cottonwood St, spoke about the use of pesticides not being safe for honeybees, insects, and birds. Councilmember Cade and Councilmember Hernandez spoke about using larvicides as the preferred method of chemical-based vector control. X EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session at 8:49 p.m. 1. Section 551.072 - Deliberations regarding the sale, purchase, lease or exchange of real property. Conducted. Council returned from Executive Session at 9:16 p.m. XI. NEW BUSINESS CONTINUED 7. Consideration and Possible Action - Regarding the sale, purchase, lease or exchange of real property. No action taken. XII. ADJOURNMENT Mayor Cole adjourned the meeting at 9:16 p.m. Minutes approved as submitted and/or corrected this the 26th day of June 2023. DocuSign Envelope ID: 9D94D508-A547-441B-9DB0-19DDC1E248FB Pearland City Council Regular Meeting Minutes June 12, 2023 City of Pearland, Texas J.Kevin Cole Mayor ATTEST: Frances Aguilar TRMC, MMC City Secretary DocuSign Envelope ID: 9D94D508-A547-441B-9DB0-19DDC1E248FB