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2023-10-23 CITY COUNCIL REGULAR MEETING MINUTESPearland City Council Minutes October 23, 2023 CITY OF PEARLAND, TEXAS CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 23, 2023 The City Council of Pearland, Texas convened in a meeting on Monday, October 23, 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 6:45 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 Cade 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 Councilmember Alex Kamkar Councilmember Adrian Hernandez 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 for Mayor Pro-Tem Joseph Koza and Councilmember Tony Carbone. IV.CITIZEN COMMENTS David Lee, expressed a public safety concern and drainage issue in the Dixie Woods Subdivision. Salmina Tarek, spoke on behalf of Salem Sageof and expressed a public safety concern. Ahmed Mansour, spoke on behalf of Jeff Short and expressed a public safety concern. Habiba Mansour expressed a public safety concern. Hajer Genina spoke on behalf of Eman S. Arafa and expressed a public safety concern. Gumana Farag spoke on behalf of Nada Mansour and expressed a public safety Page 1 of 11 DocuSign Envelope ID: 77A86B19-B2A6-4EB9-B977-C2F26876705E Pearland City Council Minutes October 23, 2023 concern. Dina Abdelhalim expressed a public safety concern. Dalia Hasseb spoke on behalf of Gul Khan, Aladdein Mattar, Muhammed Abdelhalim, Tazeen Fatima Baban, Fatrouz El Saeidi, and Amjael Khan and expressed public safety concern. Jimmy Davis expressed a public safety concern. Alberto Ruiz, Ruiz Law Firm announced Tejano Super Jam taking place at Independence November 11, 2023. V.PUBLIC HEARING NO. 1 1.Public Hearing: A request by Lisa To, applicant, on behalf of Simplice Guelson, owner, for approval of a zone change for 0.4135 acres of land from Neighborhood Service (NS) District to Single-Family Residential-2 (R-2) District, to wit: Legal Description: Lot 16 and Lot 17, in Block 2, of Willowcrest Addition, Section 1, an addition in Brazoria County, Texas, according to the map or plat thereof, recorded in Volume 9, Page 90 of the Map Records of Brazoria County, Texas. General Location: 2315 & 2317 Cedar Street, Pearland, Texas. Mayor Cole opened the Public Hearing. Presentation was provided by Martin Griggs, Assistant Director of Community Development. There were no citizen comments. Mayor Cole closed the Public Hearing. VI.NEW BUSINESS NO. 1 1.Consideration and Possible Action - First Reading of Ordinance No. 2000M-253 - 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; being described as Lot 16 and Lot 17, in Block 2, of Willowcrest Addition, Section 1, an addition in Brazoria County, Texas, according to the map or plat thereof, recorded in Volume 9, Page 90 of the Map Records of Brazoria County, Texas (located at 2315 & 2317 Cedar Street, Pearland, Texas). Zone Change Application No. ZONE 23-12, a request by Lisa To, applicant, on behalf of Simplice Guelson, owner, for approval of a zone change from Neighborhood Service (NS) District to Single-Family Page 2 of 11 DocuSign Envelope ID: 77A86B19-B2A6-4EB9-B977-C2F26876705E Pearland City Council Minutes October 23, 2023 Residential-2 (R-2) 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-253 zone change from NS to R-2 (ZONE 23- 12). AYES: Kamkar, Hernandez, Cade, Barry, and Patel. NAYS: None. The motion carried. VII.CONSENT AGENDA A.Consideration and Possible Action - Approval of minutes for the City Council Special and Regular Meeting Minutes held on October 9, 2023. B.A - R2023-256 No. - Resolution Possible and Consideration Action Resolution of the City Council of the City of Pearland, Texas, ratifying the City Manager’s appointment of Patrick Lopez to Position No. 2 of the Civil Service Commission a term expiring October 31, 2026. C.Pulled for discussion. D.Resolution - R2023-210 No. - Consideration Possible and A Action Resolution of the City Council of the City of Pearland, authorizing the City's participation in the High-Intensity Drug Trafficking Area (HIDTA) program, as funded by the Office of National Drug Control Policy, and designating an authorized official. The total amount of the grant related to this is $11,000. E.Pulled for discussion. F.Pulled for discussion. G.A - R2023-269 No. Resolution Possible Action and Consideration - Resolution of the City Council of the City of Pearland, Texas, approving Special Event Permit No. EVNT23-00046 for The Reunion - Tejano Super Jam. H.Pulled for discussion. I.Pulled for discussion. J.A - R2023-247 No. Resolution Action Possible and Consideration - Resolution of the City Council of the City of Pearland, Texas, extending and amending a contract for Grant Program and Project Management Services with Hampsten Consulting LLC, in the additional amount of $24,780.00 (total amount of $87,280.00). K.- R2023-245 No. Resolution Action A and Consideration - Possible Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into an Overpass Agreement Page 3 of 11 DocuSign Envelope ID: 77A86B19-B2A6-4EB9-B977-C2F26876705E Pearland City Council Minutes October 23, 2023 with Burlington Northern Sante Fe Railway Company. L.- A R2023-194 No. - Resolution Possible and Consideration Action Resolution of the City Council of the City of Pearland, Texas, renewing a supply Ditch Grounds Bridge and Open for Rough contract Cut, in Vegetation, Stronghold the Services Maintenance with estimated amount of $267,971.32, for the period of October 24, 2023 through August 8, 2024. M.Pulled for discussion. N.Consideration and Possible Action - Resolution No. R2023-263 - A Resolution of the City Council of the City of Pearland, Texas, amending a contract for Preventative Maintenance and Repairs to HVAC Systems and Ice Machines with TD Industries, in the additional amount of $64,000.00 (total contract amount of $546,157.00). O.Pulled for discussion. P.Pulled for discussion. Q.Consideration and Possible Action - Resolution No. R2023-264 - A Resolution of the City Council of the City of Pearland, Texas, authorizing participation in the Sourcewell Interlocal Agreement for the cooperative purchase of office supplies from Staples Advantage, in the estimated amount of October period the 1, $100,000.00, of through for 2023 September 30, 2024. R.- Consideration and Possible Action - Resolution No. R2023-267 A Resolution of the City Council of the City of Pearland, Texas, authorizing participation – IPA National with in interlocal an OMNIA agreement Partners for the purchase of City supplies from Amazon Capital Services Inc., in the estimated amount of $180,000.00, for the period October 1, 2023 through September 30, 2024. S.- No. R2023-268 A - Resolution Possible and Consideration Action Resolution of the City Council of the City of Pearland, Texas, authorizing participation through an interlocal agreement with National IPA – OMNIA Partners for the purchase of hardware supplies and materials from Lowe’s, in the estimated amount of $109,000.00, for the period of October 1, 2023 through September 30, 2024. T.A - R2023-272 Resolution - No. Possible and Consideration Action Resolution of the City Council of the City of Pearland, Texas, authorizing participation in an interlocal agreement with Brazoria County for the purchase of Hardware Supplies and Materials from Pearland Lumber Company, Inc., in the estimated amount of $110,000.00, for the period of October 1, 2023 through September 30, 2024. U.R2023-271 No. Resolution - Action Consideration and - Possible A Resolution of the City Council of the City of Pearland, Texas, authorizing participation in an interlocal agreement with Brazoria County for the purchase from O'Day Materials and & Hardware of Rental Supplies Supply, in the estimated amount of $50,000.00, for the period of October Page 4 of 11 DocuSign Envelope ID: 77A86B19-B2A6-4EB9-B977-C2F26876705E Pearland City Council Minutes October 23, 2023 1, 2023 through September 30, 2024. Councilmember Hernandez made the motion, seconded by Councilmember Cade, to approve A-U, except for C, E, F, H, I, M, O, and P. AYES: Kamkar, Hernandez, Cade, Barry, and Patel. NAYS: None. The motion carried. VIII.NEW BUSINESS CONTINUED 2.Council Input and Discussion - Review the milestones for the adopted Strategic Priorities and provide clarification and/or consensus where needed. Presentation was provided by Trent Epperson, City Manager; Megan Flowers- Phillips, Chief of Staff; and Josh Lee, Director of Communications. 3.- Consideration and Possible Action - Resolution No. R2023-195 A Resolution of the City Council of the City of Pearland, Texas, renewing a supply contract for street and sidewalk maintenance, with Greenscapes Six, LLC, in the amount of $932,520.00, period of October 24, 2023 through July 12, 2024. Councilmember Cade made the motion, seconded by Councilmember Barry, to approve Resolution No. R2023-195. AYES: Kamkar, Hernandez, Cade, Barry, and Patel. NAYS: None. The motion carried. 4.Consideration and Possible Action - Resolution No. R2023-259 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the an to in interlocal participate Manager his or designee City cooperative pricing arrangement with the Houston-Galveston Area Council (HGAC) for a 5-year lease purchase of Police Radios, in the total amount of $1,726,892.65 ($345,378.53 annually), from Motorola Solutions, Inc. Councilmember Barry made the motion, seconded by Councilmember Cade, to approve Resolution No. 2023-259. AYES: Kamkar, Hernandez, Cade, Barry, and Patel. NAYS: None. The motion carried. 5.Consideration and Possible Action - Resolution No. R2023-261 - A Resolution of The City Council of the City of Pearland, Texas, authorizing the participate in to designee interlocal or Manager City an his Page 5 of 11 DocuSign Envelope ID: 77A86B19-B2A6-4EB9-B977-C2F26876705E Pearland City Council Minutes October 23, 2023 cooperative pricing arrangement with the Buyboard Purchasing System for the purchase of three (3) Fire Apparatus replacements and loose equipment for two (2) existing units, in the amount of $4,912,744.78, from Siddons Martin Emergency Group. Councilmember Patel made the motion, seconded by Councilmember Barry, to approve Resolution No. R2023-261. AYES: Kamkar, Hernandez, Cade, Barry, and Patel. NAYS: None. The motion carried. Councilmember Hernandez made the motion, seconded by Councilmember Kamkar, to suspend the rules to move consent agenda items pulled for discussion ahead of new business agenda item number 6. AYES: Kamkar, Hernandez, Cade, and Patel. NAYS: None. The motion carried. IX.MATTERS REMOVED FROM CONSENT AGENDA C.Consideration and Possible Action - Approve appointments to citizen boards and commissions as presented in the staff report. Councilmember Kamkar made the motion, seconded by Councilmember Hernandez, to approve appointments to citizen boards and commissions as presented: Convention & Visitors Bureau Advisory Board Name Position New Term Matthew Peno Position No. 4 Nov 2023-Oct 2024 Renee van Nifterik Position No. 5 Nov 2023-Oct 2026 Beatrice Aguilera Position No. 6 Nov 2023-Oct 2026 Development Authority of Pearland Name Position New Term Tom Pool Position No. 1 Nov 2023-Oct 2025 Tony Carbone Position No. 3 Nov 2023-Oct 2025 Library Board Name Position New Term Dianne Parkerson Position No. 1 Nov 2023-Oct 2026 Amit Joshi Position No. 4 Nov 2023-Oct 2026 Page 6 of 11 DocuSign Envelope ID: 77A86B19-B2A6-4EB9-B977-C2F26876705E Pearland City Council Minutes October 23, 2023 Parks, Recreation and Beautification Board Name Position New Term Natalie Pecknold Position No. 3 Nov 2023-Oct 2026 Karthik Datta Position No. 5 Nov 2023-Oct 2026 Pearland Economic Development Corporation Name Position New Term Jerry Koza Position 1 Nov 2023-Oct 2025 Planning and Zoning Commission Name Position New Term Jennifer Henrichs Position 7 Nov 2023-Oct 2026 Zoning Board of Adjustments Name Position New Term Mark Lewis Position 2 Nov 2023-Oct 2025 Gary Shrum Position 4 Nov 2023-Oct 2025 Jerry Acosta Position 5 Nov 2023-Oct 2025 Councilmember Barry made a motion to review the Convention & Visitors Bureau bylaws. The motion failed for lack of a second. Councilmember Patel made a motion to replace Convention & Visitors Bureau Candidate Matthew Peno with Candidate Raj Das. The motion failed for lack of a second. AYES: Kamkar, Hernandez, Cade, and Barry. NAYS: Patel. The motion carried. E.No. Consideration and Possible Action - Resolution R2023-273 - A Resolution of the City Council of the City of Pearland, Texas, declaring intention to reimburse project expenditures from proceeds of future tax- exempt obligations. Councilmember Hernandez made the motion, seconded by Councilmember Cade, to approve Resolution No. R2023-273. AYES: Hernandez, Cade, Barry, and Patel. NAYS: Kamkar. The motion carried. F.Second Final – and Action of and Consideration Reading Possible Ordinance No. 1494-4 - An Ordinance of the City Council of the City of Page 7 of 11 DocuSign Envelope ID: 77A86B19-B2A6-4EB9-B977-C2F26876705E Pearland City Council Minutes October 23, 2023 Pearland, Texas, amending Ordinance No. 1494-3, establishing prima facie the speed limits established for vehicles under of provisions 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). Councilmember Cade made the motion, seconded by Councilmember Barry, to approve Ordinance No. 1494-4. AYES: Kamkar, Cade, Barry, and Patel. NAYS: Hernandez. The motion carried. H.R2023-265 No. Resolution - Action A and Consideration - Possible Resolution of the City Council of the City of Pearland, Texas, approving a 5th Amended Development Agreement with Savannah Development LTD., a limited partnership (“SAVANNAH”). Councilmember Barry made the motion, seconded by Councilmember Cade, to approve Resolution No. R2023-265. Katie Carner with Allen Boone Humphries Robinson, LLP., 3200 Southwest Freeway, Houston, Texas 77027 was present to answer the Council questions. AYES: Kamkar, Hernandez, Cade, Barry, and Patel. NAYS: None. The motion carried. I.A - R2023-266 Resolution - No. Possible and Consideration Action Resolution of the City Council of the City of Pearland, Texas, relating to the powers of Brazoria County Municipal Utility District No. 21 and Brazoria County Municipal Utility District No. 22. Councilmember Barry made the motion, seconded by Councilmember Cade, to approve Resolution No. R2023-266. Katie Carner with Allen Boone Humphries Robinson, LLP., 3200 Southwest Freeway, Houston, Texas 77027 was present to answer the Council questions. AYES: Kamkar, Hernandez, Cade, Barry, and Patel. NAYS: None. The motion carried. M.- No. Resolution Action A and Consideration R2023-262 Possible - Resolution of the City Council of the City of Pearland, Texas, ratifying emergency expenditures with TD Industries, for emergency HVAC rental equipment, in the amount of $74,300.00. Page 8 of 11 DocuSign Envelope ID: 77A86B19-B2A6-4EB9-B977-C2F26876705E Pearland City Council Minutes October 23, 2023 Councilmember Patel made the motion, seconded by Councilmember Cade, to approve Resolution No. R2023-262. AYES: Kamkar, Hernandez, Cade, Barry, and Patel. NAYS: None. The motion carried. O.No. Consideration and Possible Action - Resolution R2023-270 - A Resolution of the City Council of the City of Pearland, Texas, ratifying emergency expenditures for lift station pump repair and replacement with Zone Industries, in the amount of $62,670.00. Councilmember Kamkar made the motion, seconded by Councilmember Patel, to approve. AYES: Kamkar, Hernandez, Cade, Barry, and Patel. NAYS: None. The motion carried. P.R2023-244 - - No. A Resolution Possible Action and Consideration Resolution of the City Council of the City of Pearland, Texas, authorizing an expenditure of the Pearland Economic Development Corporation, in the amount of $333,800.00, with TBG Partners for landscape architecture services associated with the Broadway Corridor Enhancements Phase I design (SH 288 to Old Chocolate Bayou). Councilmember Hernandez made the motion, seconded by Councilmember Cade, to approve. AYES: Kamkar, Hernandez, and Barry. NAYS: Cade and Patel. The motion carried. VIII.NEW BUSINESS CONTINUED 6.Council Input and Discussion: Homestead Exemption Changes and Potential Impacts. Presentation was provided by Trent Epperson, City Manager; Amy Buckert, Chief Financial Officer; and Rachel Wynslow, Budget Officer. Jim Johnson with Pearland Chamber of Commerce, 6117 Broadway Street, opposed to the suggested rise in the Homestead Tax for local business. X.OTHER BUSINESS There were no other business items. XI.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION Page 9 of 11 DocuSign Envelope ID: 77A86B19-B2A6-4EB9-B977-C2F26876705E Pearland City Council Minutes October 23, 2023 There were no Mayor/Council Issues for City Council Discussion. XII.EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session at 10:51 p.m. Section 551.074 - Deliberations regarding the annual performance evaluation of the Municipal Court Judge. PULLED FROM THE AGENDA. Section 551.072 - Deliberations regarding the sale, lease or exchange of real property. Conducted Section 551.074 - Deliberations regarding the annual performance evaluation of the City Attorney. PULLED FROM THE AGENDA. Council reconvened from Executive Session at 11:27 p.m. XIII.NEW BUSINESS CONTINUED 7.Consideration and Possible Action - Regarding the annual performance evaluation of the Municipal Court Judge. PULLED FROM THE AGENDA. 8.Consideration and Possible Action - Regarding the annual performance evaluation of the City Attorney. PULLED FROM THE AGENDA. XIV.ADJOURNMENT Mayor Cole adjourned the meeting at 11:27 p.m. The Minutes were approved on this the 13th day of November 2023. City of Pearland, Texas J. Kevin Cole Mayor ATTEST: Page 10 of 11 DocuSign Envelope ID: 77A86B19-B2A6-4EB9-B977-C2F26876705E Pearland City Council Minutes October 23, 2023 Frances Aguilar TRMC, MMC City Secretary Page 11 of 11 DocuSign Envelope ID: 77A86B19-B2A6-4EB9-B977-C2F26876705E