2023-10-09 CITY COUNCIL REGULAR MEETING MINUTESPearland City Council Minutes October 09, 2023
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING
MINUTESOCTOBER 9, 2023
The City Council of Pearland, Texas convened in a meeting on Monday, October 9, 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 6:39 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 Councilmember Kamkar 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
Councilmember Rushi Patel
Deputy City Manager Ron Fraser
City Attorney Darrin Coker
City Secretary Frances Aguilar
All members were present.
Mayor Cole announced the birth of his newest grandchild, Saige Michael Boone.
Mayor Cole reflected how twenty-eight years ago on the same date, his daughter
Caitlyn was born, while he was a sitting Councilmember and that it holds special
significance that his daughter and newest grandchild share the same birthday and that
both of their names are in the minutes.
IV.CITIZEN COMMENTS
Jimmy Davis, 5004 Colmesneil Drive, expressed concerns about the delayed
completion of the City's AMI project and about the City not adhering to water
restrictions.
V.PUBLIC HEARING NO. 1
1.Public Hearing - A third public hearing and commencement of a second
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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.
Presentation was provided by Joel Hardy, Grants/Special Projects
Administrator.
There were no citizen comments.
Mayor Cole closed the Public Hearing.
VI.PUBLIC HEARING NO. 2
2.Public Hearing: A request by R. Steven Husmann, Husmann Architecture,
PLLC., applicant, on behalf of ERS RE Holdings, owner, for approval of a
Conditional Use Permit (CUP) for an Office within the Light Industrial---
(M-1) District, on approximately 2.0923 acres of land, to wit:
Legal Description: Lot 1, in Block 1, Minor Plat of Rice Drier Commercial
Park No. 2, a subdivision in Brazoria County, Texas, according to the
filed plat recorded in County Clerk’s File No. 2023030527 in the Plat
records of Brazoria County, Texas.
General Location: East of 4300 Rice Drier Road.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
The applicant was present to answer any questions from the Council
There were no citizen comments.
Mayor Cole closed the Public Hearing.
VII.NEW BUSINESS NO. 1
1.Consideration and Possible Action - Resolution No. R2023-CUP23-15 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Office use, within the Light Industrial
(M-1) District, to accommodate an office, on approximately 2.0923 acres
of land, being described as Lot 1, in Block 1, Minor Plat of Rice Drier
Commercial Brazoria in subdivision a Texas, No. Park County, 2,
according to the filed plat recorded in County Clerk’s File No. 2023030527
in the Plat records of Brazoria County, Texas (located East of 4300 Rice
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Drier Road). Conditional Use Permit Application No CUP23-15, for Office
use, within the Light Industrial (M-1) District, at the request of R. Steven
Husmann, Husmann Architecture, PLLC., applicant, on behalf of ERS RE
Holdings, owner, 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 Resolution No. 2023-CUP23-15 with the following conditions:
1. The exterior building façades shall be developed in substantial
conformance with materials as depicted in façade renderings.
2. Vegetative screening consisting of a continuous row of shrubs with a
height of 6' to 8' shall be provided along the southeast and east
property boundary extending from the proposed drainage easement to
the proposed landscaping along the east property boundary, as shown
in Applicant Packet, to screen the proposed equipment storage from
the future commercial uses to the east.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
VIII.CONSENT AGENDA
A.Consideration and Possible Action - Approval of minutes of the City
Council Regular Meeting held on September 25, 2023.
B.No. A - R2023-255 Resolution - Action Possible and Consideration
Resolution of the City Council of the City of Pearland, Texas, ordering a
Special Election to be held on the 9th day of December 2023, establishing
the procedure; and providing for other related matters related thereto.
C.No. Resolution - Action and Consideration A R2023-257 Possible -
Resolution of the City Council of the City of Pearland, Texas, nominating
a candidate for a position on the board of directors of the Fort Bend
County Appraisal District.
D.A - R2023-246 No. Resolution - Possible and Consideration Action
Resolution of the City Council of the City of Pearland, Texas, nominating
a candidate for a position on the board of directors of the Harris Central
Appraisal District.
E.Action - R2023-243 No. Resolution - and A Consideration Possible
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”) 2024 General Assembly; and appointing one (1)
delegate and one (1) alternate to the HGAC Board of Directors.
F.Ordinance 1494-4 – No. Action An and Consideration - Possible
Ordinance of the City Council of the City of Pearland, Texas, amending
Ordinance No. 1494-3, establishing prima facie speed limits established
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for vehicles under the provisions of Section 545.356, Texas
Transportation Code, upon certain streets and highways, or parts
thereof, within the corporate limits of the City of Pearland, as set out in
this ordinance and providing a penalty (FM 518 from State Highway 288
to Smith Ranch Road).
G.R2023-226 No. Resolution - Action and Consideration - Possible A
Resolution of the City Council of the City of Pearland, authorizing the use
of Federal Emergency Management Agency (FEMA) Hazard Mitigation
Grant Program (HMGP) funds for the buyout acquisition of real property
located be (“Property”), to 200345 No. Livingston, 3003 at PID
demolished, owned, and maintained as greenspace in perpetuity by the
City of Pearland.
H.R2023-227 A - No. Resolution - Action Possible and Consideration
Resolution of the City Council of the City of Pearland, authorizing the use
of Federal Emergency Management Agency (FEMA) Hazard Mitigation
Grant Program (HMGP) funds for the buyout acquisition of real property
located at 3306 Glastonbury Drive, PID No. 258249 (“Property”), to be
demolished, owned, and maintained as greenspace in perpetuity by the
City of Pearland.
I.R2023-228 No. Resolution - Action - and Consideration Possible A
Resolution of the City Council of the City of Pearland, authorizing the use
of Federal Emergency Management Agency (FEMA) Hazard Mitigation
Grant Program (HMGP) funds for the buyout acquisition of real property
located to No. (“Property”), be 196877 Knapp Road, 3511 at PID
demolished, owned, and maintained as greenspace in perpetuity by the
City of Pearland.
J.Action - R2023-239 No. Resolution - and A Consideration Possible
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract associated with the Dixie Farm Road
Transition Project to MetroCity, LLC, in the amount of $317,378.00.
K.R2023-232 - A Resolution - No. Possible and Consideration Action
Resolution of the City Council of the City of Pearland, Texas, awarding a
supply contract for the purchase of automotive tires, from The Goodyear
Tire and Rubber Company through the Texas Buyboard, in the estimated
amount through 1, October of period 2023 for $135,000.00, of the
September 30, 2024.
L.- R2023-240 No. Resolution - and Possible Consideration A Action
Resolution of the City Council of the City of Pearland, Texas, renewing a
supply contract through an interlocal agreement with National IPA –
OMNIA Partners for the purchase of chemical reagent, instrumentation
and operational parts/supplies from Fisher Scientific, in the estimated
amount of $415,150.00, for the period of September 22, 2023 through
September 21, 2024.
M.Resolution R2023-249 - No. Action A and Consideration - Possible
Resolution of the City Council of the City of Pearland, Texas, renewing
the purchase of Workers Compensation Excess Insurance Coverage with
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Midwest Employers, in the amount of $154,272.00, for the period of
October 1, 2023 through September 30, 2024.
N.R2023-241 Consideration and Possible Action - Resolution No. - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
participation of City with agreement an the in Plano interlocal for
purchase of utility bill printing and mailing services from DataProse, in
the estimated amount of $350,000.00, for the period of October 16, 2023
through October 15, 2024.
O.A - R2023-242 No. Resolution - Consideration Possible and Action
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract for the Green Tee Re-Pump Project to
Nerie Brothers Construction, in the amount of $122,150.00.
P.Pulled for discussion.
Q.R2023-251 No. Resolution - and Possible Consideration - Action A
Resolution of The City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate in interlocal cooperative
pricing arrangements with participating cooperatives (Texas Department
of purchase for the of Partners) Resources and Information Omnia
Information Technology equipment and hardware from CDW
Government, in the estimated amount of $300,000.00.
R.Action Consideration and Possible - Resolution No. R2023-250 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing
the in participate interlocal an designee to or Manager City his
cooperative pricing arrangement with the Texas Department of
Information Resources (DIR), for the purchase of Dell Computer
Equipment, in the estimated amount of $250,000.00.
S.Action A - R2023-252 No. Resolution Possible and Consideration -
Resolution of the City Council of the City of Pearland, Texas, renewing a
software maintenance contract with Tyler Technologies, Inc., for software
maintenance services in the amount of $235,879.66.
T.Pulled for discussion.
U.Pulled for discussion.
Councilmember Kamkar made the motion, seconded by Mayor Pro-Tem Koza,
to approve A-U, except for P, T, and U.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
IX.MATTERS REMOVED FROM CONSENT AGENDA
P.No. R2023-248 Resolution - A Possible and Consideration - Action
Resolution of the City Council of the City of Pearland, Texas, authorizing
a professional service contract with Joiner Architects Incorporated, for
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architectural design services associated with the Emergency Supply
Warehouse Project, in the estimated amount of $184,131.00.
Chad Joiner, Partner, Joiner Architects, 700 Rockmead Drive, Suite 265,
Kingwood, Texas 77339 was present to answer any questions from the
Council.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember
Hernandez, to approve Resolution No. R2023-248.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
T.Resolution Consideration and Possible Action - No. R2023-253 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
Software Maintenance Contract with Central Square Technologies, in the
amount October 2023 of through period 1, for $378,599.03, of the
September 30, 2024.
Councilmember Hernandez made the motion, seconded by Councilmember
Barry, to approve Resolution No. R2023-253.
AYES: Koza, Carbone, Kamkar, Hernandez, Barry, and Patel.
NAYS: Cade.
The motion carried.
U.A - R2023-254 No. Resolution - Action and Consideration Possible
Resolution of the City Council of the City of Pearland, Texas, accepting
the City’s Annual Comprehensive Financial Report, Financial Statement
Restatement for fiscal year 2022 as presented by the accounting firm of
Forvis.
Councilmember Cade made the motion, seconded by Councilmember Barry, to
approve Resolution No. R2023-254.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
X.OTHER BUSINESS
There were no other business items.
XI.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were no Mayor/Council Issues for City Council Discussion.
XII.EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 7:33 p.m.
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1.Section 551.074- Personnel Matters - Regarding City Boards and
Commissions appointments.
Conducted.
2.Section 551.087- Economic Development Negotiations- Deliberations
regarding economic development negotiations.
Conducted.
3.Section 551.072 - Deliberations regarding the sale, lease or exchange of
real property.
Conducted.
Council reconvened from Executive Session at 9:22 p.m.
XIII.NEW BUSINESS CONTINUED
1.Consideration and Possible Action - Regarding City Boards and
Commissions appointments.
No action was taken.
2.Consideration and Possible Action - Regarding the sale, lease or
exchange of real property.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember
Hernandez, to authorize staff to purchase property (Project #2209) as
discussed in Executive Session.
Darrin Coker, City Attorney read the motion into record, "authorize staff to
purchase property (Project #2209) as discussed in Executive Session.
AYES: Koza, Carbone, Kamkar, Hernandez, Barry, and Patel.
NAYS: Cade.
The motion carried.
3.Consideration and Possible Action - Regarding Economic Development
Negotiations
Councilmember Carbone made the motion, seconded by Councilmember
Hernandez, to authorize the City Manager or his designee to enter into an
amended Development Agreement with Prospect #2300 as discussed in
Executive Session.
Darrin Coker, City Attorney read the motion into record, "authorize the City
Manager or his designee to enter into an amended Development Agreement
with Prospect #2300 as discussed in Executive Session.
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AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
XIV.ADJOURNMENT
Mayor Cole adjourned the meeting at 9:24 p.m.
The Minutes were approved on this the 23rd day of October 2023.
City of Pearland, Texas
J. Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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