2023-06-26 CITY COUNCIL REGULAR MEETING MINUTESPearland City Council Minutes June 26, 2023
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
JUNE 26, 2023
The City Council of Pearland, Texas convened in a meeting on Monday, June 26, 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 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 Boy Scout Yu Wang representing Troop 446 from
Silverlake 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 Layni Cade
Councilmember Jeffrey Barry
Councilmember Rushi Patel
City Manager Trent Epperson
City Attorney Darrin Coker
City Secretary Frances Aguilar
All members were present except Councilmember Alex Kamkar and Councilmember
Adrian Hernandez.
IV.CITIZEN COMMENTS
There were no citizens comments.
V.PUBLIC HEARING NO. 1
1.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 1, Section 1.1.3.3 (a)(2), Advisory Capacity
of the Planning and Zoning Commission to the City Council to
review, prepare reports upon and make recommendations
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concerning approval, conditional approval, or denial of Conditional
Use Permit (CUP) petitions.
2. Amendments to Chapter 2, Section 2.2.3.3 (b), Processing of
Application and Decision, regarding the role of the Planning and
Zoning Commission to review and comment on Conditional Use
Permit (CUP) petitions.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
There were no comments from the public.
Mayor Cole closed the Public Hearing.
VI. NEW BUSINESS
1. Consideration and Possible Action - First Reading of Ordinance No. 2000T-
39 - 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 1, Section 1.1.3.3 (a)(2),
Advisory Capacity of the Planning and Zoning Commission to the City
Council to review, prepare reports upon and make recommendations
concerning approval, conditional approval, or denial of Conditional Use
Permit (CUP) petitions; and Chapter 2, Section 2.2.3.3 (b), Role of the
Planning and Zoning Commission to review and comment on Conditional
Use Permit (CUP) petitions; containing a savings clause, a severability
clause, and an effective date and other provisions related to the subject.
Councilmember Carbone made the motion, seconded by Councilmember Cade,
to approve Ordinance No. 2000T-39.
AYES: Koza, Carbone, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
VII. PUBLIC HEARING NO. 2
2. Public Hearing - Second of two required public hearings and
commencement of the 30-day comment period on the FY 2024 Community
Development Block Grant (CDBG) Annual Action Plan (HUD Program Year
2023) spending priorities for the allocation of $466,162 from the U.S.
Department of Housing and Urban Development: CDBG Award No. B-23-
MC-48-0400.
Mayor Cole opened the Public Hearing.
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There were no comments from the public.
Presentation given by Joel Hardy, Grants/Special Projects Administrator.
Mayor Cole closed the Public Hearing.
VIII.CONSENT AGENDA
A.Consideration and Possible Action - Approval of minutes for the City
Council Workshop and City Council Special Meeting held on June 5, 2023,
and the City Council Regular Meeting held on June 12, 2023.
B.Consideration and Possible Action - Excuse the absence of
Councilmember Patel from the June 12, 2023 City Council Regular
Meeting.
C.Consideration and Possible Action - Resolution No. R2023-153 - A
Resolution of the City Council of the City of Pearland, Texas, appointing
Woody Owens to the Tax Increment Reinvestment Zone (TIRZ) No. 2 Board
of Directors, Position 5, with a term expiring November 1, 2025.
D.Consideration and Possible Action - Resolution No. R2023-CUP22-12-1 - A
Resolution of the City Council of the City of Pearland, Texas, approving an
extension to R2022- CUP22-12 that allows Mini-Warehouse/Self Storage
use within the General Commercial (GC) District, on approximately 3.3131
acres of land,being described as Lot 1-B, Block 1 of Replat No. 1 of Lot 1
of Fite at F.M. 1128, a subdivision in the City of Pearland, Brazoria County,
according to the plat recorded under County Clerk’s File No. 2008035185
in the Plat Records of Brazoria County, Texas (located at 7221 Fite Road,
Pearland, Texas).
E.Consideration and Possible Action - Resolution No. R2023-133 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit supply contract for grounds maintenance services (critical facilities
and buy-out lots) with Monarch Landscaping Services LLC., in the
estimated amount of $167,864.38, for the period of June 27, 2023 through
June 26, 2024.
F.Pulled for discussion.
G.Consideration and Possible Action - Resolution No. R2023-150 - A
Resolution of the City Council of the City of Pearland, Texas, ratifying
expenditures with Magna Flow Services, for emergency response sanitary
sewer overflow clean up services, in the amount of $66,958.32.
H.Consideration and Possible Action - Resolution No. R2023-147 - A
Resolution of the City Council of the City of Pearland, Texas, ratifying
expenditures with H2O Innovation, for Wastewater Operation Services, in
the amount of $10,000.00 (total contract amount of $55,000.00).
I.Consideration and Possible Action - Resolution No. R2023-156 - A
Resolution of the City Council of the City of Pearland, Texas, approving
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Engagement Agreement with Jackson Walker LLP for Bond Counsel and
other matters related thereto.
The foregoing resolution authorizes the engagement of Bond Counsel
pursuant to an engagement letter under which the City of Pearland will
obtain specialized legal services in connection with the issuance of bonds
or other obligations to pay or refinance the costs of one or more projects
of the City, based on the demonstrated competence and qualifications of
such attorneys; finding that (i) such legal services require specialized
expertise and experience in municipal finance, federal tax law and federal
and state securities laws and therefore cannot be adequately performed
by the attorneys and supporting personnel of the City, (ii) such legal
services cannot be reasonably obtained from attorneys in private practice
under an hourly fees contract without contingency because the City will
not be obligated to pay any legal fees until the successful completion and
closing of the contemplated transaction and (iii) entering into a contingent
fee contract for legal services is in the best interest of the residents of the
City because such firm will only be paid if the contemplated transaction is
successfully completed and closed.
J. Consideration and Possible Action - Resolution No. R2023-155 - 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 Buy Board for the purchase of gym
equipment associated with the Law Enforcement Training Center Project,
in the estimated amount of $98,525.65, from Promaxima.
K. Consideration and Possible Action - Resolution No. R2023-149 - 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 Interlocal Purchasing System Cooperative
for the purchase of furniture, fixtures, and equipment associated with the
Law Enforcement Training Center Project, in the estimated amount of
$124,908.42, from The Luck Company.
Councilmember Carbone made the motion, seconded by Councilmember Barry,
approve A-K, except for F.
AYES: Koza, Carbone, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
X. MATTERS REMOVED FROM CONSENT AGENDA
F. Consideration and Possible Action - Resolution No. R2023-152 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
professional services contract with DEC (formerly Dannenbaum
Engineering Corp.) associated with the Smith Ranch Road Widening
Project, in the additional amount of $165,335.00 (total contract of
$1,614,057.65).
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Councilmember Carbone made the motion, seconded by Councilmember Barry,
to approve Resolution No. R2023-152.
AYES: Koza, Carbone, Cade, and Barry.
NAYS: Patel.
The motion carried.
IX. NEW BUSINESS CONTINUED
2. Consideration and Possible Action – First Reading of Ordinance No. 1626
- An Ordinance of the City Council of the City of Pearland, Texas,
authorizing the issuance of City of Pearland, Texas, permanent
improvement bonds in one or more series; setting certain parameters for
the bonds; authorizing a pricing officer to approve the amount, the interest
rate, price, and terms thereof and certain other procedures and provisions
relating thereto.
Presentation was provided by Joe Robuck, Managing Director with BOK
Financial Securities, Inc. and was permitted to respond to questions from the
Council.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember Carbone,
to approve Ordinance No. 1626.
AYES: Koza, Carbone, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
3. Consideration and Possible Action - Resolution No. R2023-126 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
publication of notice of intention to issue certificates of obligation for the
design, acquisition, construction and improvement of certain public
works, authorizing distribution of a preliminary official statement relating
to such series of certificates and authorizing certain other matters relating
thereto.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember Carbone,
to approve Resolution No. R2023-126.
AYES: Koza, Carbone, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
4. Consideration and Possible Action - Resolution No. R2023-128 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
publication of notice of intention to issue certificates of obligation for the
design, acquisition, construction and improvement of certain public
works, authorizing distribution of a preliminary official statement relating
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to such series of certificates and authorizing certain other matters relating
thereto.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember Carbone,
to approve Resolution No. R2023-128.
AYES: Koza, Carbone, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
5.Consideration and Possible Action - Resolution No. R2023-127 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
publication of notice of intention to issue certificates of obligation for the
design, acquisition, construction and improvement of certain public
works, authorizing distribution of a preliminary official statement relating
to such series of certificates and authorizing certain other matters relating
thereto.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember Carbone,
to approve Resolution R2023-127.
AYES: Koza, Carbone, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
6.Consideration and Possible Action – First Reading of Ordinance No. 1619-
2 - An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 1619-1, the 2022-2023 Annual Budget Ordinance,
to facilitate the changes identified herein; providing a savings clause, a
severa-bility clause, a repealer clause, and an effective date.
Presentation was provided by Trent Epperson, City Manager and Rachel
Wynslow, Budget Officer.
Councilmember Cade made the motion, seconded by Councilmember Barry, to
approve Ordinance No. 1619-2.
AYES: Koza, Carbone, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
7.Consideration and Possible Action - Resolution No. R2023-148 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a construction management services contract with HDR, Inc. in the
estimated amount of $983,797.20, for the Smith Ranch Road Widening
Project (FM 518 to Hughes Ranch Road).
Councilmember Patel made the motion, seconded by Mayor Pro-Tem Koza, to
approve Resolution No. R2023.148.
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AYES: Koza, Carbone, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
XI.OTHER BUSINESS
There were no other business items.
XII.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were no other Mayor/Council issues for discussion.
XIII.ADJOURNMENT
Mayor Cole adjourned the meeting at 8:05 p.m.
The Minutes were approved on this the 10th day of July 2023.
City of Pearland, Texas
J.Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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