2024-06-24 City Council Regular Meeting MinutesPearland City Council Minutes June 24, 2024
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
JUNE 24, 2024
The City Council of Pearland, Texas convened in a meeting on Monday, June 24, 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 6:30 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 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
Dane Beito, 5710 Cottonwood St., expressed concern regarding the sale of fireworks
in the City.
Jimmy Davis, 5004 Colmesneil St., thanked staff for resolving the water meter data
problem.
Elham Mona Pharayra, 2009 Plum Grove Ln., expressed concern regarding conflict in
Palestine and spoke in favor a ceasefire resolution.
Hosam Elbilbaisi, 4943 Carrington Ct., expressed concern regarding conflict in
Palestine and spoke in favor a ceasefire resolution.
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Dina Abdelhalim, 2817 Lost Maples Dr., expressed concern regarding conflict in
Palestine and spoke in favor a ceasefire resolution.
Ellison Schoellkopf, 3335 Worthington Dr., expressed concern regarding conflict in
Palestine and spoke in favor a ceasefire resolution.
Hannah Alm-Gibson, 3342 Worthington Dr., expressed concern regarding conflict in
Palestine and spoke in favor a ceasefire resolution.
Salmina Tarek, 2209 Shore Creek Dr., expressed concern regarding conflict in
Palestine and spoke in favor a ceasefire resolution.
V. CONSENT AGENDA
A. Consideration and Possible Action - Approval of the minutes of the
Pearland City Council Regular Meeting held on June 10, 2024.
B. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 1634 - An Ordinance of the City Council of the City of
Pearland, Texas, authorizing the issuance of the 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.
C. Consideration and Possible Action - Resolution No. R2024-123 - A
Resolution of the City Council of the City of Pearland, Texas, (“CITY”)
denying the application of the CenterPoint Energy Houston Electric LLC
for authority to increase rates submitted on or about March 6, 2024;
requiring the reimbursement of municipal rate case expenses; finding
that the meeting complies with the Open Meetings Act; making other
findings and provisions related to the subject; and declaring an effective
date.
D. Pulled for discussion.
E. Pulled for discussion.
F. Consideration and Possible Action - Resolution No. R2024-114 - A
Resolution of the City Council of the City of Pearland, Texas, amending
and renewing (1st of four (4) renewals) a unit supply contract for grounds
maintenance services (critical facilities and buy-out lots) with Monarch
Landscaping Services, in the estimated amount of $201,099.10, for the
period of June 27, 2024 through June 26, 2025.
Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone
to approve the Consent Agenda items A-F, except for D and E.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
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VI. MATTERS REMOVED FROM CONSENT AGENDA
D. Consideration and Possible Action - Resolution No. R2024-120 - 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 Department of
Information Resources (DIR) for the purchase of Information Technology
software/hardware equipment from Sequel Data Systems, in the
estimated amount of $373,862.00.
Councilmember Koza made the motion, seconded by Councilmember
Thumann to approve Resolution No. R2024-120.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
E. Consideration and Possible Action - Resolution No. R2024-115 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
contract for Preventative Maintenance and Repairs of HVAC Systems and
Ice Machines, with TD Industries, in the additional amount of $56,000.00
(total contract amount of $602,157.00).
Councilmember Koza made the motion, seconded by Councilmember
Thumann to approve Resolution No. R2024-115.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, and Thumann.
NAYS: Patel.
The motion carried.
VII. PUBLIC HEARING NO. 1
1. Public Hearing: A request by Stephen Richey, Sueba Consulting, Inc.,
applicant, on behalf of American Modern Green Development (Houston),
LLC., owner, for approval of amendments to the Ivy District Planned
Development, on approximately 6.198 acres of land, to wit:
Legal Description: Tract 2, in Block 1, Final Plat of Modern Green Ivy
District, a subdivision of 47.062 acres of land in the City of Pearland,
Texas, according to the map or plat recorded in County Clerk’s File No.
2019061536 the Plat Records of Brazoria County, Texas.
General Location: Southeast Corner of Spectrum Boulevard and Ivy Park
Terrace.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Deputy Director of Community
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Development.
D.J. Blanchard, Vice President, Development and Legal Affairs with Sueba
Consulting, Inc.; and Stephen Ritchey, AIA, Owner with Sueba Consulting,
Inc., applicants, were 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 - First Reading of Ordinance No.
2000M-257 - 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 Tract 2, in Block 1, Final Plat of Modern
Green Ivy District, a subdivision of 47.062 acres of land in the City of
Pearland, Texas, according to the map or plat recorded in County Clerk’s
File No. 2019061536 the Plat Records of Brazoria County, Texas (located
at Southeast Corner of Spectrum Boulevard and Ivy Park Terrace). Zone
Change Application No. ZONE 24-07, a request by Stephen Richey, Sueba
Consulting, Inc., applicant, on behalf of American Modern Green
Development (Houston), LLC., owner, for approval of amendments to the
Ivy District Planned Unit Development, on approximately 6.198 acres of
land; 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 Chavarria made the motion, seconded by Councilmember
Cade to approve first reading of Ordinance No. 2000M-257.
AYES: Carbone and Byrom.
NAYS: Koza, Chavarria, Cade, Thumann, and Patel.
The motion failed.
IX. PUBLIC HEARING NO. 2
2. Public Hearing: A request by Mo Khalil, applicant, on behalf of 2701
Partner, LLC., owner, for approval of amendments to the Province Village
Planned Development, on approximately 1.707 acres of land, to wit:
Legal Description: Lot “A”, in Block 1, Final Plat of Province Village Lot
“A” Replat No. 1, a subdivision of 1.707 acres of land in the City of
Pearland, Texas, according to the map or plat recorded in County Clerk’s
File No. 2014038140 the Plat Records of Brazoria County, Texas.
General Location: 2701 Pearland Parkway, Pearland, Texas.
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Mayor Cole opened the Public Hearing.
Presentation provided by Martin Griggs, Deputy Director of Community
Development.
A representative for the applicant, was present to answer questions from the
Council.
There were no citizen comments.
Mayor Cole closed the Public Hearing.
X. NEW BUSINESS NO. 2
2. Consideration and Possible Action - First Reading of Ordinance No.
2000M-258 - 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 “A”, in Block 1, Final Plat of Province
Village Lot “A” Replat No. 1, a subdivision of 1.707 acres of land in the
City of Pearland, Texas, according to the map or plat recorded in County
Clerk’s File No. 2014038140 the Plat Records of Brazoria County, Texas
(located at 2701 Pearland Parkway, Pearland, Texas). Zone Change
Application No. ZONE 24-10, a request by Mo Khalil, applicant, on behalf
of 2701 Partner, LLC., owner, for approval of amendments to the Province
Village Planned Development, on approximately 1.707 acres of land;
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.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember
Thumann to approve the first reading of Ordinance No. 2000M-258.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
XI. PUBLIC HEARING NO. 3
3. Public Hearing - The first of two public hearings within the required 30-
day comment period for the FY 2025 Community Development Block
Grant (CDBG) Annual Action Plan (HUD Program Year 2024): CDBG
Award No. B-24-MC-48-0400.
Mayor Cole opened the Public Hearing.
Presentation was provided by Michael Rawlinson, Grants Manager.
There were no citizen comments.
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Mayor closed the Public Hearing.
XII. NEW BUSINESS CONTINUED
3. Consideration and Possible Action - Resolution No. R2024-91- A
Resolution of the City Council of the City of Pearland, Texas, accepting
the City’s annual comprehensive financial report for fiscal year 2023 and
the accompanying independent audit as presented by the accounting
firm of Whitley Penn, LLP.
Councilmember Byrom made the motion, seconded by Councilmember Cade
to approve Resolution No. R2024-91.
Presentation was provided by Victor Brownlees, Assistant City Manager; and
Patrick Simmons, CPA, Engagement Partner with Whitley Penn.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
4. Consideration and Possible Action - First Reading of Ordinance No. 1633
- An Ordinance of the City Council of the City of Pearland, Texas,
adopting a Comprehensive Plan to act as a guide for regulating land use
within the incorporated limits of Pearland; containing a savings clause, a
severability clause and a repealer clause; and providing an effective date.
Councilmember Cade made the motion, seconded by Councilmember Byrom
to approve the first reading of Ordinance No. 1633.
Presentation was provided by Trent Epperson, City Manager; and Vance Wyly,
Director of Community Development.
Councilmember Koza made the motion, seconded by Councilmember Patel to
amend the Comprehensive Plan in changing the ADU guidelines sections 6.2
and 6.3 removing existing zoning districts to certain zoning districts.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
Councilmember Koza made the motion, seconded by Councilmember Patel to
approve the first reading of Ordinance No. 1633, as amended.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
5. Consideration and Possible Action - First Reading of Ordinance No. 1631-
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2 - An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 1631-1, the 2023-2024 Annual Budget
Ordinance, to facilitate the changes identified herein; providing a savings
clause, a severa-bility clause, a repealer clause, and an effective date.
Councilmember Thumann made the motion, seconded by Councilmember
Cade to approve the first reading of Ordinance No. 1631-2.
Presentation was provided by Trent Epperson, City Manager; and Rachel
Wynslow, Budget Officer.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
6. Consideration and Possible Action - Resolution No. R2024-119 - A
Resolution of the City Council of the City of Pearland, renewing the
employee health insurance benefits for stop loss and administration
services with Cigna, renewing employee dental insurance with Cigna,
renewing employee vision plan benefits with UNUM, renewing the flexible
spending account with WEX/Discovery, and changing the Life and
Disability Insurance Provider from Symetra to Ochs for fiscal year 2024-
2025.
Councilmember Patel made the motion, seconded by Councilmember
Thumann to approve Resolution No. R2024-119.
AYES: Carbone, Koza, Chavarria, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
7. Consideration and Possible Action - Resolution No. R2024-99 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
Construction Manager at Risk contract (Barry Rose Water Reclamation
Facility and Longwood Water Reclamation Facility Decommission Project
Project) with McCarthy Building Companies; replacing the Risk Sharing
Plan; accepting a Cost Savings Sharing Plan; updating the Staff Labor
Rate Table; modifying insurance requirements; and establishing a
Guaranteed Maximum Price 1 (GMP 1) in the amount of $66,570,019.00.
Councilmember Koza made the motion, seconded by Mayor Pro-tem Carbone
to approve Resolution No. R2024-99.
Edward M. (Skipper) Jones, Senior Construction Manager with Ardurra; Jake
Stone, Vice President Operations with McCarthy Building Companies; and
David Munn, PE, Principal & Vice President with Freese Nichols, Inc. were
present to answer questions from the Council.
Councilmember Byrom made the motion, seconded by Councilmember
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Thumann to amend Resolution No. R2024-99 by removing 60/40 share.
AYES: Byrom and Cade.
NAYS: Carbone, Koza, Chavarria, Thumann, and Patel.
The motion failed.
Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone
to approve Resolution No. R2024-99.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, and Patel.
NAYS: Thumann.
The motion carried.
8. Consideration and Possible Action - Resolution No. R2024-121 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract for the Roadside Ditch Widening Project,
to Nerie Construction, funded by the Texas General Land Office and the
U.S. Department of Housing and Urban Development, in the amount of
$2,922,119.00.
Councilmember Chavarria made the motion, seconded by Councilmember
Koza to approve Resolution No. R2024-121.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
9. Consideration and Possible Action - Resolution No. R2024-118 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
5-year unit supply contract (3-year initial term with two 1-year renewals),
in the estimated amount of $500,000.00, for the purchase of Debris
Monitoring Services to Tetra Tech, Incorporated, for the period of June
25, 2024 to March 25, 2027.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Cade
to approve Resolution No. R2024-118.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
10. Consideration and Possible Action - Resolution No. R2024-124 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
secondary 5-year unit supply contract (3-year initial term with two 1-year
renewals) for the purchase of Debris Management Services to Crowder
Gulf, LLC, in the estimated amount of $2,000,000.00, for the period of
June 11, 2024 to March 31, 2027.
Councilmember Byrom made the motion, seconded by Councilmember
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Thumann to approve Resolution No. R2024-124.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
XIII.OTHER BUSINESS
There were no other business items.
XIV.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were no issues to discuss.
XV.ADJOURNMENT
Mayor Cole adjourned the meeting at 10:17 p.m.
The Minutes were approved on this the 8th day of July 2024.
City of Pearland, Texas
J. Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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