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2024-02-12 City Council Regular Meeting Minutes Pearland City Council Minutes February 12, 2024 CITY OF PEARLAND, TEXAS CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 12, 2024 The City Council of Pearland, Texas convened in a meeting on Monday, February 12, 2024 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 6:33 p.m. II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG AND TEXAS FLAG Councilmember Cade gave the Invocation and Councilmember Patel led the Pledge of Allegiance to the United States of America Flag and the Texas Flag. III. ROLL CALL AND CERTIFICATION OF QUORUMV Mayor J. Kevin Cole Mayor Pro-Tem Joseph Koza Councilmember Tony Carbone Councilmember Mona Chavarria Councilmember Layni Cade Councilmember Rushi Patel City Manager Trent Epperson City Attorney Darrin Coker Deputy City Secretary Gladis Sanchez All members were present except for Councilmembers Adrian Hernandez and Chad Thumann. IV. CITIZEN COMMENTS David Lee, 2504 Longwood Drive, addressed Council regarding the road issues on Longwood Drive. John Williams, 2406 Hidden Creek Dr., addressed Council about closing Clear Creek Trail Head park in the evenings. Mike Gets, 2505 Green Tee Drive, addressed Council about the road conditions within the city. Clint Byrom, 3904 Conroe Lakes Ct., addressed Council about the road conditions and the aging infrastructure within the city. Catherine Henning, 10110 Lamb Brook Lane, addressed Council about the road conditions and water retention along Broadway. Page 1 of 6 DocuSign Envelope ID: 247ED4DD-329B-40D1-8ACB-567A6E851F38 Pearland City Council Minutes February 12, 2024 V. PUBLIC HEARING NO. 1 1. Public Hearing - Adoption of NFPA 70 National Electrical Code 2023 Edition. This will be an update to Chapter 9 of the currently Adopted Code of Ordinances. Mayor Cole opened the Public Hearing. Presentation was provided by Vance Wyly, 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. 1416- 2024 - An Ordinance of the City Council of the City of Pearland, Texas, amending Chapter 9, Electricity, of the City of Pearland Code of Ordinances; having a savings clause, a severability clause, and a repealer clause; and providing for codification -and an effective date. Councilmember Carbone made the motion, seconded by Councilmember Cade, to approve the First Reading of Ordinance No. 1416-2024. AYES: Koza, Carbone, Chavarria, Cade, and Patel. NAYS: None. The motion carried. VII. CONSENT AGENDA A. Consideration and Possible Action - Approve the minutes of the Pearland City Council Workshop Meeting of January 9, 2024, the Regular Meeting of January 9, 2024 and the Regular Meeting of January 22, 2024. B. Consideration and Possible Action - Resolution No. R2024-21 - A Resolution of the City Council of the City of Pearland, Texas, ordering a General Election to be held on the 4th day of May 2024, establishing the procedure; and providing for other related matters related thereto. C. Consideration and Possible Action - Resolution No. R2024-CUP22-25-1 - A Resolution of the City Council of the City of Pearland, Texas, approving an extension to R2022-CUP22-25 that allows Assisted Living use within the Neighborhood Service (NS) District, on approximately 9.6135 acres of land, being a tract or parcel of land containing 9.6135 acres of land, (418,766 square feet), being out of and a part of Lot 76, George W. Jenkin Subdivision of the lower one-fourth, (1/4), of the W.D.C. Hall Survey, Abstract No. 70, Brazoria County, Texas, according to the map or plat Page 2 of 6 DocuSign Envelope ID: 247ED4DD-329B-40D1-8ACB-567A6E851F38 Pearland City Council Minutes February 12, 2024 thereof recorded in Volume 79, Page 616, of the Office of the County Clerk of Brazoria County, Texas, said 9.6135 acre tract of land being that certain tract of land as conveyed to Gary Martin Maynor and wife, Cecelia Maynor, by instrument recorded in document CF No. 2001045201 of the Office of the County Clerk of Brazoria County, Texas (located at 3205 Dixie Farm Road, Pearland, Texas). D. Consideration and Possible Action - Resolution No. R2024-13 - A Resolution of the City Council of the City of Pearland, Texas, approving a change order with LEM Construction Company, Inc., in the amount of $258,825.20 (total contract amount of $13,007,275.81), associated with the Bailey Water Plant Improvement Project. E. Consideration and Possible Action - Resolution No. R2024-24 - A Resolution of the City Council of the City of Pearland, Texas, awarding a contract for the July 4th fireworks display to Sky Wonder Pyrotechnics (“Sky Wonder”), in the amount of $42,000.00 and ratification of total FY2024 payments to Sky Wonder in the amount of $57,000.00. F. Consideration and Possible Action - Resolution No. R2024-23 - A Resolution of the City Council of the City of Pearland, Texas, renewing a software maintenance service contract (City Works AMS and City Works PLL) with Azteca Systems, LLC - City Works, in the amount of $182,500.00, for Fiscal Year 2024. Councilmember Chavarria made the motion, seconded by Councilmember Carbone, to approve Consent Agenda items A - F. AYES: Koza, Carbone, Chavarria, Cade, and Patel. NAYS: None. The motion carried. VIII. NEW BUSINESS CONTINUED 2. Consideration and Possible Action - Resolution No. R2024-25 - A Resolution of the City Council of the City of Pearland, Texas, approving the Pearland Prosperity Strategic Plan 2024 Update. Mayor Pro-Tem Koza made the motion, seconded by Councilmember Cade, to approve Resolution No. R2024-25. Jim Johnson, with Pearland Chamber of Commerce, 6117 Broadway Street, addressed Council regarding the Pearland Chamber of Commerce Board voted unanimously in favor of the Pearland Prosperity Strategic Plan 2024 Update. Presentation was provided by Trent Epperson, City Manager and Matt DeVeau, President with Broad Ripple Strategies. Councilmember Cade made the motion, seconded by Councilmember Patel, to Page 3 of 6 DocuSign Envelope ID: 247ED4DD-329B-40D1-8ACB-567A6E851F38 Pearland City Council Minutes February 12, 2024 move the Pearland Innovation Hub Strategic Framework under the Business Development Strategic Framework. AYES: Cade and Patel. NAYS: Koza, Carbone, and Chavarria. The motion failed. Mayor Pro-Tem Koza made the motion, seconded by Councilmember Cade, to approve Resolution No. R2024-25. AYES: Koza, Carbone, and Chavarria. NAYS: Cade and Patel. The motion carried. 3. Consideration and Possible Action – First Reading of Ordinance No. 1358-27 - An Ordinance of the City Council of the City of 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. Councilmember Cade made the motion, seconded by Mayor Pro-Tem Koza, to approve the First Reading of Ordinance No. 1358-27. AYES: Koza, Chavarria, Cade, and Patel. NAYS: None. The motion carried. 4. Consideration and Possible Action - Resolution No. R2024-29 - 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 purchasing arrangement with ESC Region 19 Allied States Cooperative for the purchase of payment processing services with Paymentus Corporation, in the estimated annual amount of $565,000.00, for the period of February 16, 2024 through February 15, 2031, with the option for two (2) one-year renewals. Councilmember Patel made the motion, seconded by Mayor Pro-Tem Koza, to approve Resolution No. R2024-29. AYES: Koza, Carbone, Chavarria, Cade, and Patel. NAYS: None. The motion carried. 5. Consideration and Possible Action - Resolution No. R2024-22 - A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract associated with the Autumn Lakes Lift Station Rehabilitation Project, to C.F. McDonald Electric, Inc. – McDonald Municipal and Industrial, in the amount of $762,469.00. Page 4 of 6 DocuSign Envelope ID: 247ED4DD-329B-40D1-8ACB-567A6E851F38 Pearland City Council Minutes February 12, 2024 Councilmember Carbone made the motion, seconded by Councilmember Cade, to approve Resolution No. R2024-22. Reid Berkenmeier, Project Manager with C.F. McDonald was present to answer questions from the Council. AYES: Koza, Carbone, Chavarria, Cade, and Patel. NAYS: None. The motion carried. IX. MATTERS REMOVED FROM CONSENT AGENDA There were no items removed from Consent Agenda. X. OTHER BUSINESS There were no other business items. XI. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION 1. Input and Discussion - Regarding street maintenance and improvement. Douglas Holloway, 4513 Fox Run, Pearland TX, discussed the sidewalk in front of his house and the potholes around the city. Presentation was provided by Trent Epperson, City Manager and Eric Hammond, Assistant Director of Public Works. 2. Council Discussion - Regarding attendance for City Board and Commission meetings. No action was taken. XII. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session at 9:40 p.m. Section 551.074 - Personnel Matters - Regarding City Board and Commission appointments. Conducted. Section 551.071 - Consultation with City Attorney regarding confidential legal advice related to contractual obligations. Conducted. Council returned from Executive Session at 11:27 p.m. XIII. NEW BUSINESS CONTINUED 6. Consideration and Possible Action - Regarding City Board and Page 5 of 6 DocuSign Envelope ID: 247ED4DD-329B-40D1-8ACB-567A6E851F38 Pearland City Council Minutes February 12, 2024 Commission appointments. No action was taken. 7.Consideration and Possible Action - Regarding confidential legal advice related to contractual obligations. No action was taken. XIV.ADJOURNMENT Mayor Cole adjourned the meeting at 11:27 p.m. The Minutes were approved on this the 26th day of February 2024. City of Pearland, Texas J. Kevin Cole Mayor ATTEST: Frances Aguilar TRMC, MMC City Secretary Page 6 of 6 DocuSign Envelope ID: 247ED4DD-329B-40D1-8ACB-567A6E851F38