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2024-07-22 City Council Regular Meeting Minutes-4:00 PM Pearland City Council Minutes July 22, 2024 CITY OF PEARLAND, TEXAS CITY COUNCIL REGULAR MEETING MINUTES JULY 22, 2024 The City Council of Pearland, Texas convened in a meeting on Monday, July 22, 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 4:00 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 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 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 are present. IV. CITIZEN COMMENTS There were no citizen comments. V. CONSENT AGENDA A. Consideration and Possible Action - Approval of the minutes of the Pearland City Council Special Meeting held on June 24, 2024; Regular Meeting held on June 24, 2024; and City Council Special Emergency Meeting held on July 10, 2024. B. Consideration and Possible Action - Second and Final 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 Docusign Envelope ID: 6815DD27-7F60-49EB-9234-516B409FF203 Pearland City Council Minutes July 22, 2024 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. C. Consideration and Possible Action - Resolution No. R2024-127 - A Resolution of the City Council of the City of Pearland, Texas, accepting the City’s Investment Report for the quarter ending March 2024. D. Consideration and Possible Action - Resolution No. R2024-144 - A Resolution of the City Council of the City of Pearland, Texas, rejecting any and all bids for electrical and mechanical services associated with the City Utility Facilities (Bid No. RFP 0224-10). E. Consideration and Possible Action - Resolution No. R2024-117 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a 7-year Financial Advisory Services Agreement (4-year initial term with three 1-year renewals) with BOK Financial Securities, Inc., for the period beginning July 23, 2024 through July 22, 2028. F. Consideration and Possible Action - Resolution No. R2024-139 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter an Amended Settlement Agreement with Blue Ridge Landfill TX, LP. G. Pulled for discussion. H. Consideration and Possible Action - Resolution No. R2024-132 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a professional service contract with Comcate, for development of a Customer Service Implementation Plan, in the estimated amount of $55,000.00. I. Consideration and Possible Action - Resolution No. R2024-129 - 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 Buyboard Purchasing System for the purchase of Police Department firearm ammunition, in the estimated amount of $73,968.22, from Precision Delta Corporation. J. Consideration and Possible Action - Resolution No. R2024-130 - 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 Houston-Galveston Area Council (HGAC RA05-21) for the unit supply purchase of Fire Department Radio Docusign Envelope ID: 6815DD27-7F60-49EB-9234-516B409FF203 Pearland City Council Minutes July 22, 2024 Equipment, in the estimated amount of $200,088.28, from Motorola Solutions, Inc. K. Consideration and Possible Action - Resolution No. R2024-136 - A Resolution of the City Council of the City of Pearland, Texas, authorizing an expenditure of the Pearland Economic Development Corporation, in the amount of $360,000.00, with LandCare USA, LLC for landscape maintenance services (Commercial Corridors and Entryways), for the period beginning October 1, 2024 through September 30, 2025. L. Consideration and Possible Action - Resolution No. R2024-135 - 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 Choice Partners for the purchase of electrical services, in the estimated amount of $98,000.00, from Pfeiffer & Son, LTD.; being a 3-year supply contract (1-year initial term with two 1-year renewals). M. Consideration and Possible Action - Resolution No. R2024-137 - A Resolution of the City Council of the City of Pearland, Texas, renewing a bid for quarterly preventative maintenance and repairs on standby generators with Arcco company Services, Inc., in the estimated amount of $194,014.44, for the period of July 23, 2024 through July 22, 2025. N. Consideration and Possible Action - Resolution No. R2024-102 - 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 Choice Partners Cooperative, a Harris County Department of Education (HCDE) subsidiary, for the procurement of site work preparation services and electrical/utilities installation services, in the amount of $76,169.99, from Construction Masters of Houston. Councilmember Koza made the motion, seconded by Councilmember Cade to approve the Consent Agenda items A - N, except for G. AYES: Carbone, Koza, Chavarria, Byrom, Cade, and Thumann. NAYS: None. The motion carried. VI. MATTERS REMOVED FROM CONSENT AGENDA G. Consideration and Possible Action - Resolution No. R2024-125 - 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 Buyboard Purchasing Cooperative for the purchase of ten (10) traffic signal cameras, in the estimated amount of $247,700.00, from Texas Highway Projects. Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone to approve Resolution No. R2024-125. Docusign Envelope ID: 6815DD27-7F60-49EB-9234-516B409FF203 Pearland City Council Minutes July 22, 2024 AYES: Carbone, Koza, Chavarria, Byrom, Cade, and Thumann. NAYS: None. The motion carried. VII. PUBLIC HEARING NO. 1 1. Public Hearing: A request by Andrew Lang, BGE, Inc., applicant, on behalf of MO Tract 3, LP, owner, for approval of amendments to the Massey Oaks Planned Development, on approximately 79.42 acres of land, to wit: Legal Description: Being a 79.42-acre tract of land situated in the H. T. & B. R. R. CO. Survey, Section 32, Abstract No. 525 of Brazoria County, Texas and being out of a called 247.91- acre tract of land described in an instrument to RMJ Miller Real Estate Holdings, LTD., recorded under Brazoria County Clerk' s File No. 2001055633 and corrected under Brazoria County Clerk's File No. 2002020349. General Location: South of Old Massey Ranch Road, East of the Future Harkey Road and West of McLean Road. Mayor Cole opened the Public Hearing. Councilmember Thumann recused himself from this item. Presentation was provided by Martin Griggs, Deputy Director of Community Development. Andrew Lang, Associate and Senior Planner with BGE, Inc., the 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 - First Reading of Ordinance No. 2000M-259 - 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 a 79.42-acre tract of land situated in the H. T. & B. R. R. CO. Survey, Section 32, Abstract No. 525 of Brazoria County, Texas and being out of a called 247.91- acre tract of land described in an instrument to RMJ Miller Real Estate Holdings, LTD., recorded under Brazoria County Clerk' s File No. 2001055633 and corrected under Brazoria County Clerk's File No. 2002020349 (located at South of Old Massey Ranch Road, East of the Future Harkey Road and West of McLean Road). Zone Change Application No. ZONE 24-09, a request by Andrew Lang, BGE, Inc., applicant, on behalf of MO Tract 3, LP, owner, for approval of amendments Docusign Envelope ID: 6815DD27-7F60-49EB-9234-516B409FF203 Pearland City Council Minutes July 22, 2024 to the Massey Oaks Planned Development, on approximately 79.42 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 Mayor Pro-Tem Carbone to approve the first reading of Ordinance No. 2000M-259. AYES: Carbone, Koza, Chavarria, Byrom, and Cade. NAYS: None. The motion carried. IX. NEW BUSINESS CONTINUED 2. Consideration & Possible Action - Resolution No. R2024-128 - A Resolution of the City Council of the City of Pearland, Texas, adopting a Pearland Cultural Arts Master Plan. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza to approve Resolution No, R2024-128. Presentation was provided by Tracy Rohrbacher, Executive Director of Convention & Visitors Bureau and David Pletter-Saunders, Partner with Cultural Planning Group. Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone to amend the resolution to strike out and insert the following to GOAL 2, Section II: II. Expand and evolve the signature Pear-Scape program. • Conduct a new round of commissioned Pear-Scape installations. • Expand the accessibility of the Program to include corporate, public, and private sponsors with an emphasis on: • Fund through sponsorship and HOT funds. • Encourage the expansion of the Program without limitations on the number of Pear-Scape installations. • Commission a team of local artists to develop an evolution of the Pear- Scape concept. • Incorporation of flexibility to utilize a stock design or custom design. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Thumann to amend Resolution No. R2024-128 GOAL 5, Funding in the Pearland Cultural Arts Master Plan to remove the following: Docusign Envelope ID: 6815DD27-7F60-49EB-9234-516B409FF203 Pearland City Council Minutes July 22, 2024 • Consider adoption of a percent for art requirement on city capital improvement projects. These requirements are typically between 1.0% and 2.0% of capital improvement budgets and are based on definitions of eligible and excluded capital expenses. • Explore adoption of a requirement to include art in private real estate development, including an in-lieu-of option to pay into an arts fund, at a level of between 1% and 2% of project valuation. Engage the development community in planning for such a requirement. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. Councilmember Patel made the motion to remove additional staffing from the Pearland Cultural Arts Master Plan. The motion died for the lack of a second. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza to approve Resolution No. R2024-128 as amended. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 3. Consideration and Possible Action - Second Reading of Ordinance No. 1631-2 - 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 severability clause, a repealer clause, and an effective date. Councilmember Byrom made the motion, seconded by Councilmember Cade to approve second reading of Ordinance No. 1631-2. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 4. Consideration and Possible Action - First Reading of Ordinance No. 1635 - An Ordinance of the City Council of the City of Pearland, Texas, amending Chapter 11, Food and Food Handlers, of the City of Pearland Code of Ordinances, as it may have been, from time to time, amended, to repeal the existing Chapter 11, Food and Food Handlers; and adopting a new Chapter 11, Food and Food Handlers; having a savings clause, a severability clause, and a repealer clause; and providing for codification and an effective date. Julie Waguespack, 1915 Cripple Creek Ln., expressed her concern about the Food and Food Handlers permits pertaining to farmer market vendors. Docusign Envelope ID: 6815DD27-7F60-49EB-9234-516B409FF203 Pearland City Council Minutes July 22, 2024 Councilmember Cade made the motion, seconded by Councilmember Byrom to approve first reading of Ordinance No. 1635. AYES: Carbone, Koza, Chavarria, Byrom, Thumann, and Patel. NAYS: Cade. The motion carried. 5.Consideration and Possible Action - First Reading of Ordinance No.1358- 29 - 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 Thumann made the motion, seconded by Councilmember Byrom to approve first reading of Ordinance No. 1358-29. AYES: Carbone, Koza, Chavarria, Byrom, Thumann, and Patel. NAYS: Cade. The motion carried. X.OTHER BUSINESS There were no other business items. XI.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION There were no issues to discuss. XII.ADJOURNMENT Mayor Cole adjourned the meeting at 5:41 p.m. The Minutes were approved on this the 12th day of August 2024. City of Pearland, Texas J.Kevin Cole Mayor ATTEST: Frances Aguilar TRMC, MMC City Secretary Docusign Envelope ID: 6815DD27-7F60-49EB-9234-516B409FF203