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2024-05-20 City Council Regular Meeting MinutesPearland City Council Minutes May 20, 2024 CITY OF PEARLAND, TEXAS CITY COUNCIL REGULAR MEETING MINUTES MAY 20, 2024 The City Council of Pearland, Texas convened in a meeting on Monday, May 20, 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 6:47 p.m. II.INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG AND TEXAS FLAG Councilmember Byrom gave the Invocation and Councilmember Chavarria 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 Tony Carbone Councilmember Joseph Koza Councilmember Mona Chavarria Councilmember Clint Byrom Councilmember Layni Cade Councilmember Chad Thumann Councilmember Rushi Patel City Manager Trent Epperson City Attorney Darrin Coker City Secretary Frances Aguilar All members were present. IV.CITIZEN COMMENTS Keithy Bailey, 2702 Raven Ridge Drive, provided a brief introduction of Melanin Moms of Pearland and highlighted the positive impact the organization has within the City. Eugene Howard, 32 Lavida Ct., Manvel, thanked the Council and City Staff for their support of the upcoming Juneteenth celebration. V.CONSENT AGENDA A.Consideration and Possible Action - Second and Final Reading of Ordinance No. 1502-1 - An Ordinance of the City Council of the City of Pearland, Texas, amending Chapter 4, Alcoholic Beverages, Section 4-2, General Requirements of the City of Pearland Code of Ordinances as it applies to Food and Beverage Certificate holders (i.e., restaurants); Page 1 of 9 DocuSign Envelope ID: D6EAE7F1-30BF-4217-9CD4-7632633BE2F2 Pearland City Council Minutes May 20, 2024 having a savings clause, a severability clause, and a repealer clause; provid-ing for publication, codification, and an effective date. B. Consideration and Possible Action - Second and Final Reading of Ordinance No. 1494-5 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 1494-4,establishing prima facie speed limits established for vehicles under the provisions of Section 545.356, Texas Transportation Code, upon certain streets and highways, of parts thereof, within the corporate limits of the City of Pearland, as set out in this ordinance and providing a penalty (McHard Road from Cullen Blvd to Mykawa Road; and FM 2234 from the City Limits to CR 94). C. Consideration and Possible Action - Resolution No. R2024-81 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into an interlocal agreement with Brazoria County for the annual collection and assessment of City taxes and Public Improvement District assessments. D. Consideration and Possible Action - Resolution No. R2024-97 - A Resolution of the City Council of the City of Pearland, Texas, conveying a drainage easement (east of Pearland Parkway and north of Hughes Road) to Brazoria Drainage District No. 4 for maintenance and construction of drainage facilities associated with Clear Creek. E. Pulled for discussion. F. Pulled for discussion. G. Consideration and Possible Action - Resolution No. R2024-34 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate with interlocal cooperative pricing partners for the purchase of furniture fixtures and equipment associated with the Public Safety Building Renovation Project, in the amount of $58,478.40, from The Luck Company. H. Pulled for discussion. I. Consideration and Possible Action - Resolution No. R2024-86 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager to participate in an interlocal pricing arrangement with Public Safety Association Inc., for the purchase of Fire Department medical supplies and equipment in the estimated amount of $104,507.11, from Zoll Medical. J. Consideration and Possible Action - Resolution No. R2024-92 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager to participate in an interlocal pricing arrangement with SAVVIK Buying Group for the purchase of Emergency Medical Equipment in the estimated amount of $110,092.66, from Stryker. Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone, to approve the Consent Agenda items A-J, except for E, F, and H. Page 2 of 9 DocuSign Envelope ID: D6EAE7F1-30BF-4217-9CD4-7632633BE2F2 Pearland City Council Minutes May 20, 2024 AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. VI. MATTERS REMOVED FROM CONSENT AGENDA E. Consideration and Possible Action - Resolution No. R2024-94 - A Resolution of the City Council of the City of Pearland, Texas, approving Special Event Permit No. EVNT24-00032, to host the City’s Juneteenth Freedom Celebration on June 15, 2024. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza to approve Resolution No. R2024-94. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. F. Consideration and Possible Action - Resolution No. R2024-98 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the replacement of Computershare Trust Company, N.A. as Paying Agent/Registrar for certain of the City of Pearland’s Bonds and Certificates of Obligation; authorizing the appointment of BOKF, N.A., as Paying Agent/Registrar for such Bonds and Certificates of Obligation; authorizing the execution and delivery of Replacement Paying Agent/Registrar Agreements with BOKF, N.A.; and other matters related thereto. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Byrom to approve Resolution No. R2024-98. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. H. Consideration and Possible Action - Resolution No. R2024-87 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Cobb Fendley & Associates, Inc., for design services associated with the Dixie Farm at Hastings Friendswood Road Intersection Improvement Project, in the estimated amount of $77,232.75. Councilmember Thumann made the motion, seconded by Councilmember Cade to approve Resolution No. R2024-87. AYES: Carbone, Koza, Chavarria, Byrom, and Patel. NAYS: Cade and Thumann. The motion carried. Page 3 of 9 DocuSign Envelope ID: D6EAE7F1-30BF-4217-9CD4-7632633BE2F2 Pearland City Council Minutes May 20, 2024 VII. PUBLIC HEARING NO. 1 1. Public Hearing: A request by Helen Wang, applicant, on behalf of Sheng Li, owner, for approval of a Conditional Use Permit (CUP) for a Warehouse use within the General Commercial (GC) District, on approximately 4.678 acres of land, to wit: Legal Description: A 4.678-acre tract of land, being out of 9.5360 acres (415,389 square feet) of land situated in Abstract No. 542 and Abstract 233, Brazoria County, Texas, being out of Lots 77 and 78 of the Zychlinski Subdivision, map or plat thereof recorded in Volume 29, Page 43, Brazoria County Deed Records (B.C.D.R.) and being the same 9.5360 acre tract of land to Pearland Partners, LTD. in deed filed for record under Brazoria County Clerk File (B.C.C.F.) No. 02-045143. General Location: 3702 Knapp Road, Pearland, Texas. Mayor Cole opened the Public Hearing. Presentation was provided by Martin Griggs, Assistant Director of Community Development. Helen Wang, applicant, was present to answer questions from the Council. There were no citizen comments. Mayor Cole closed the Public Hearing. VIII. NEW BUSINESS NO. 1 1. Consideration and Possible Action - Resolution No. R2024-CUP24-13 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for a Warehouse use within the General Commercial (GC) District, to accommodate a Furniture Warehouse, on approximately 4.678 acres of land, being a 4.678-acre tract of land, being out of 9.5360 acres (415,389 square feet) of land situated in Abstract No. 542 and Abstract 233, Brazoria County, Texas, being out of Lots 77 and 78 of the Zychlinski Subdivision, map or plat thereof recorded in Volume 29, Page 43, Brazoria County Deed Records (B.C.D.R.) and being the same 9.5360 acre tract of land to Pearland Partners, LTD. in deed filed for record under Brazoria County Clerk File (B.C.C.F.) No. 02-045143 (located at 3702 Knapp Road, Pearland, TX). Conditional Use Permit Application No CUP24-13, for a Warehouse use, within the General Commercial (GC) District, at the request of Helen Wang, applicant, on behalf of Sheng Li, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Charvarria made the motion, seconded by Councilmember Cade to approve Resolution No. R2024-CUP24-13. Page 4 of 9 DocuSign Envelope ID: D6EAE7F1-30BF-4217-9CD4-7632633BE2F2 Pearland City Council Minutes May 20, 2024 Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza to amend Resolution No. R2024-CUP24-13 with the following five conditions: 1. Large Shade Trees shall be provided along Knapp Road at a rate of 1" for each 15' of frontage with a minimum planting of 2" DBH and 6' height. 2. Evergreen shrubs shall be provided to form a continuous vegetative screen along the parking area towards the front of the property to screen the existing parking facing Knapp Road. 3. Landscape island with parking lot trees shall be provided at the ends of the parking facing Knapp Road. 4. The existing barbed wire fencing shall be removed from the property. 5. There shall be no storage of goods outside of the building. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. Councilmember Chavarria made the motion, seconded by Councilmember Cade to approve Resolution No. R2024-CUP24-13 as amended. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. IX. PUBLIC HEARING NO. 2 2. Public Hearing: A request by Ruth Abigail Ramos Martinez, applicant, on behalf of Shane Kurjex, owner, for approval of a Conditional Use Permit (CUP) for a Hair Salon use within the Light Industrial (M-1) District, on approximately 1.5707 acres of land, to wit: Legal Description: A subdivision of 1.5707 acres of land situated in the H.T.&B.R.R. Company Survey Section 11, Abstract No. 238, Brazoria County, Texas and being out of Tract “C” of Magnolia Industrial Sites, Section One, as recorded in Volume 18, Pages 153-154 of the Plat Records of Brazoria County, Texas. General Location: 3419 Veterans Drive, Suite B, Pearland, Texas. Mayor Cole opened the Public Hearing. Presentation was provided by Martin Griggs, Assistant Director of Community Development. Ruth Abigail Ramos Martinez, applicant, was present to answer questions from the Council. Page 5 of 9 DocuSign Envelope ID: D6EAE7F1-30BF-4217-9CD4-7632633BE2F2 Pearland City Council Minutes May 20, 2024 There were no citizen comments Mayor Cole closed the Public Hearing. X. NEW BUSINESS NO. 2 2. Consideration and Possible Action - Resolution No. R2024-CUP24-14 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for a Hair Salon use within the Light Industrial (M-1) District, to accommodate a Hair Salon, on approximately 1.5707 acres of land, being a subdivision of 1.5707 acres of land situated in the H.T.&B.R.R. Company Survey Section 11, Abstract No. 238, Brazoria County, Texas and being out of Tract “C” of Magnolia Industrial Sites, Section One, as recorded in Volume 18, Pages 153-154 of the Plat Records of Brazoria County, Texas (located at 3419 Veterans Drive Suite B, Pearland, TX). Conditional Use Permit Application No CUP24-14, for a Hair Salon use, within the Light Industrial (M-1) District, at the request of Ruth Abigail Ramos Martinez, applicant, on behalf of Shane Kurjex, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Thumann to approve Resolution No. R2024-CUP24-14. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. XI. NEW BUSINESS CONTINUED 3. Consideration and Possible Action - Resolution No. R2024-88 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Olsson Studio, for planning and engineering services associated with the Old Town Revitalization Plan, in the estimated amount of $350,000.00; and authorizing a Reimbursement Agreement between the City and the Pearland Economic Development Corporation. Presentation was provided by Vance Wyly, Director of Community Development and Brennan Kane, Project Manager with Olsson Studio. Councilmember Byrom made the motion, seconded by Councilmember Cade to approve Resolution No. R2024-88. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 4. Consideration and Possible Action - Resolution No. R2024-90 - A Resolution of the City Council of the City of Pearland, Texas, Amending Page 6 of 9 DocuSign Envelope ID: D6EAE7F1-30BF-4217-9CD4-7632633BE2F2 Pearland City Council Minutes May 20, 2024 an Advanced Funding Agreement with the Texas Department of Transportation (“TxDOT”), for the Smith Ranch Road Widening Project (Hughes Ranch Road to north of Broadway/FM 518), to increase the amount to $9,428,450.00 by supplementing “Attachment A, Resolution, Ordinance, or Commissioners Court Order” and adding “Attachment A-1, Resolution, Ordinance, or Commissioners Court Order”, and by deleting “Attachment C, PROJECT BUDGET,” and replacing it with “Attachment C-1, PROJECT BUDGET”. Councilmember Cade made the motion, seconded by Councilmember Thumann to approve Resolution No. R2024-90. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 5. Consideration and Possible Action - Resolution No. R2024-95 - A Resolution of the City Council of the City of Pearland, Texas, authorizing expenditures with McGriff Insurance Service, for Wind, Hail, and Wind Driven Rain Insurance, in the amount of $1,608,635.00, for the period of May 26, 2024, to May 25, 2025. Councilmember Thumann made the motion, seconded by Councilmember Cade to approve Resolution No. R2024-95. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 6. Consideration and Possible Action - Resolution No. R2024-89 - 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 through the Texas Association of School Boards (TASB) Buy Board for construction services associated with the Natatorium Recapitalization Project, in the amount of $1,903,860.00, with Progressive Commercial Aquatics. Councilmember Patel made the motion, seconded by Councilmember Koza to approve Resolution No. R2024-89. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 7. Consideration and Possible Action - Resolution No. R2024-85 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with AARK Engineering Services, for design services associated with the Shadycrest Subdivision Improvement Project; drainage and paving improvements ($1,223,757.00); transite water line Page 7 of 9 DocuSign Envelope ID: D6EAE7F1-30BF-4217-9CD4-7632633BE2F2 Pearland City Council Minutes May 20, 2024 replacement ($328,496.00); and sanitary sewer rehabilitation ($405,171.00) in the total amount of $1,957,424.00. Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone to approve Resolution No. R2024-85. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 8.Consideration and Possible Action - Resolution No. R2024-93 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with GC Engineering, Inc., for professional services associated with the Southwest Quadrant of Old Town Drainage Improvements and Transite Water Line Replacement Project, in the estimated amount of $830,378.00. Councilmember Chavarria made the motion, seconded by Mayor Pro-Tem Carbone to approve Resolution No. R2024-93. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. XII.EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session at 8:07 p.m Section 551.071 - Consultation with City Attorney for advice on legal matters related to enforcement of contractual obligations. Conducted. Section 551.071 - Consultation with City Attorney regarding legal matters associated with a strategic partnership agreement. Conducted. Council returned from Executive Session at 9:35 p.m. XIII.NEW BUSINESS CONTINUED 9.Consideration and Possible Action - Resolution No. R2024-96 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter a Third Amended Development Agreement with Massey Oaks Development, LP, (“Developer”) reciting the amended responsibilities of the City and Developer associated with the development of a residential community (Massey Oaks). Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Page 8 of 9 DocuSign Envelope ID: D6EAE7F1-30BF-4217-9CD4-7632633BE2F2 Pearland City Council Minutes May 20, 2024 Byrom to approve Resolution No. R2024-96. AYES: Carbone, Chavarria, Byrom, and Cade. NAYS: Koza and Patel. The motion carried. XIV.OTHER BUSINESS There were no other business items. XV.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION There were no issues to discuss. XVI.ADJOURNMENT Mayor Cole adjourned the meeting at 9:35 p.m. The Minutes were approved on this the 10th day of June 2024 City of Pearland, Texas J. Kevin Cole Mayor ATTEST: Frances Aguilar TRMC, MMC City Secretary Page 9 of 9 DocuSign Envelope ID: D6EAE7F1-30BF-4217-9CD4-7632633BE2F2