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2024-09-23 City Council Regular Meeting Minutes Pearland City Council Minutes September 23, 2024 CITY OF PEARLAND, TEXAS CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 23, 2024 The City Council of Pearland, Texas convened in a meeting on Monday, September 23, 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 6:44 p.m. II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG AND TEXAS FLAG Mayor Pro-Tem Carbone 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 Regina Karr, expressed her concern regarding the nuisance at the Massey Oaks Development. Javier Caltenco, Public Information Officer with the U.S. Small Business Administration, spoke about the types of Disaster Loans available for small businesses that were affected by Hurricane Beryl. V. CONSENT AGENDA A. Consideration and Possible Action - Approval of the minutes of the Pearland City Council City Council Regular Meeting held on September 9, 2024. Page 1 of 8 Docusign Envelope ID: 9299FB2A-6A03-429D-9AA8-26ECB4E7C35F Pearland City Council Minutes September 23, 2024 B. Consideration and Possible Action - Second and Final Reading of Ordinance No. 1644 - An Ordinance of the City Council of the City of Pearland, Texas, reserving a sanitary sewer easement within a portion of the Yost Road right-of-way; an area generally located at the intersection of Yost Road and FM 518, within the corporate city limits of Pearland; and abandoning an 11,643 square foot portion of the Yost Road right-of-way; containing a savings clause and a severability clause; and providing for an effective date. C. Consideration and Possible Action - Second and Final Reading of Ordinance No. 2000M-262 - 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 0.3812-acre tract of land, being all of Lot 3, in Block 1 of the Final Plat of Medellin Addition, a subdivision in Brazoria County, Texas, according to the map or plat recorded in County Clerk’s File No. 2005036901 of the Map Records of Brazoria County, Texas (located at Southwest of the Intersection of Glenview Drive and De Leon Lane, Pearland, Texas). Zone Change Application No. ZONE 24-15, a request by the Director of Community Development of the City of Pearland for approval of a permanent zoning classification of Single-Family Residential-3 (R-3) District for a newly annexed tract 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. D. Consideration and Possible Action - Second and Final Reading of Ordinance No. 1121-2 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 1121-1, authorizing the offering of health benefits coverage to City retirees; containing a repealer clause; providing an effective date; and providing an open meetings clause. E. Pulled for discussion. F. Consideration and Possible Action - Resolution No. R2024-189 - 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 Interlocal Purchasing System, for the purchase of Overhead Door Services (maintenance and repairs) from DH Pace, Inc., in the estimated amount of $60,000.00, for the period of October 1, 2024 through September 30, 2025. G. Consideration and Possible Action - Resolution No. R2024-188 - 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 repairs to city property caused by Hurricane Beryl, in the estimated amount of $73,875.61, from Generosity Services Inc. H. Consideration and Possible Action - Resolution No. R2024-191 - A Resolution of the City Council of the City of Pearland, Texas, ratifying Page 2 of 8 Docusign Envelope ID: 9299FB2A-6A03-429D-9AA8-26ECB4E7C35F Pearland City Council Minutes September 23, 2024 emergency expenditures with O’Day Drilling, for emergency repairs to the Kirby Water Well, in the amount of $102,705.00. I. Pulled for discussion. J. Consideration and Possible Action - Resolution No. R2024-171 - 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 for the purchase of automotive tires, in the estimated amount of $135,000.00, from The Goodyear Tire and Rubber Company. K. Consideration and Possible Action - Resolution No. R2024-196 - 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 Interlocal Purchasing System, for the purchase of manhole rehabilitation services, in the estimated annual amount of $110,000.00, from National Works for the period beginning September 24, 2024 through September 23, 2025. L. Consideration and Possible Action - Resolution No. R2024-194 - A Resolution of the City Council of the City of Pearland, Texas, awarding a 3-year unit supply contract (1-year initial term with 2 renewals), in the estimated annual amount of $220,000.00, for the purchase of water laboratory testing services to Envirodyne Laboratory, Inc., for the period of September 24, 2024 to September 23, 2025. M. Consideration and Possible Action - Resolution No. R2024-182 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a professional service contract with Design Workshop, Inc., for planning and legal services associated with the update of the Unified Development Code, in the estimated amount of $300,000.00. Councilmember Koza made the motion, seconded by Councilmember Chavarria to approve the Consent Agenda items A - M except for E and I. 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 - Second and Final Reading of Ordinance No.1358-30 - 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 Koza made the motion, seconded by Mayor Pro-Tem Carbone to approve second and final reading of Ordinance No. 1358-30. Page 3 of 8 Docusign Envelope ID: 9299FB2A-6A03-429D-9AA8-26ECB4E7C35F Pearland City Council Minutes September 23, 2024 AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. I. Consideration and Possible Action - Resolution No. R2024-131 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with IDCUS, Inc., for professional services associated with the Wood Creek Transite Pipe Water Line Replacement Project, in the estimated amount of $309,105.00. Councilmember Koza made the motion, seconded by Councilmember Cade to approve Resolution No. R2024-131. AYES: Carbone, Koza, Chavarria, Byrom, Cade, and Patel. NAYS: Thumann. The motion carried. VII. PUBLIC HEARING NO. 1 1. Public Hearing on FY25 Proposed City Property Tax Rate. Mayor Cole opened the Public Hearing. Presentation was provided by Trent Epperson, City Manager. There were no citizen comments. Mayor Cole closed the Public Hearing. VIII. NEW BUSINESS 1. Consideration and Possible Action - Resolution No. R2024-193 - A Resolution of the City Council of the City of Pearland, Texas, amending the City’s Comprehensive Financial Management Policy Statement. Councilmember Chavarria made the motion, seconded by Councilmember Koza to approve Resolution No. R2024-193. AYES: Carbone, Koza, Chavarria, Byrom, Thumann, and Patel. NAYS: Cade. The motion carried. 2. Consideration and Possible Action - Second and Final Reading of Ordinance No. 1643 - An appropriation Ordinance adopting a budget for the fiscal year beginning October 1, 2024, and ending September 30, 2025; pay plans for fiscal year 2025; and, pursuant to Local Government Code, Section 102.007, providing for a separate ratification of the property tax revenue increase reflected in the budget. Page 4 of 8 Docusign Envelope ID: 9299FB2A-6A03-429D-9AA8-26ECB4E7C35F Pearland City Council Minutes September 23, 2024 Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza to approve second and final reading of Ordinance No. 1643. AYES: Carbone, Koza, Chavarria, Byrom, Cade, and Thumann. NAYS: Patel. The motion carried. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza authorizing the ratification of the property tax revenue increase reflected in the budget of Ordinance No. 1643. AYES: Carbone, Koza, Chavarria, Byrom, Cade, and Thumann. NAYS: Patel. The motion carried. 3. Consideration and Possible Action - Second and Final Reading of Ordinance No. 1642 - An Ordinance adopting a tax rate of $0.6350 and levying taxes for the use and support of the Municipal Government of the City of Pearland, Texas, and providing for the interest and sinking fund of the taxable year 2024. Councilmember Byrom made the motion, seconded by Councilmember Koza to approve the second and final reading of Ordinance No. 1642 and, "I move that the property tax rate be increased by the adoption of a tax rate of 0.6350, which is effectively a 5.9200% percent increase in the tax rate." AYES: Carbone, Koza, Chavarria, Byrom, Cade, and Thumann. NAYS: Patel. The motion carried. 4. Consideration and Possible Action - Resolution No. R2024-190 - A Resolution of the City Council of the City of Pearland, Texas, awarding a 3-year unit supply contract (1-year initial term; two 1-year renewals) for the concrete sidewalk gaps and replacement services, to Greenscapes Six LLC., in an amount not to exceed the annual budgeted amount. Councilmember Cade made the motion, seconded by Mayor Pro-Tem Carbone to approve Resolution No. R2024-190. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 5. Consideration and Possible Action - Resolution No. R2024-187 - A Resolution of the City Council of the City of Pearland, Texas, nominating candidate(s) for a position on the board of directors of the Brazoria County Appraisal District. Councilmember Thumann made the motion, seconded by Mayor Pro-Tem Page 5 of 8 Docusign Envelope ID: 9299FB2A-6A03-429D-9AA8-26ECB4E7C35F Pearland City Council Minutes September 23, 2024 Carbone to approve Resolution No. R2024-187. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 6. Consideration and Possible Action - Resolution No. R2024-185 - A Resolution of the City Council of the City of Pearland, Texas, nominating a candidate for a position on the board of directors of the Harris Central Appraisal District. Councilmember Patel made the motion, seconded by Councilmember Koza to approve Resolution No. R2024-185. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 7. Consideration and Possible Action - Resolution No. R2024-186 - A Resolution of the City Council of the City of Pearland, Texas, nominating a candidate for a position on the board of directors of the Fort Bend County Appraisal District. Councilmember Koza made the motion, seconded by Councilmember Byrom to approve Resolution No. R2024-186. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 8. Consideration and Possible Action - Resolution No. R2024-183 - A Resolution of the City Council of the City of Pearland, Texas, nominating a candidate for a position on the Texas Municipal League (TML) Board of Directors. Councilmember Chavarria made the motion, seconded by Councilmember Koza to approve Resolution No. R2024-183. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 9. Consideration and Possible Action - Resolution No. R2024-195 - A Resolution of the City Council of the City of Pearland, Texas, casting votes for positions on the Texas Municipal League (TML) Intergovernmental Risk Pool (Workers’ Compensation, Property and Liability) Board of Trustees. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza Page 6 of 8 Docusign Envelope ID: 9299FB2A-6A03-429D-9AA8-26ECB4E7C35F Pearland City Council Minutes September 23, 2024 to approve Resolution No. R2024-195. AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 10. Council Discussion - Annexation and Incorporation of Brazoria Municipal Utility District No.16 - 2003 Strategic Partnership Agreement (SPA). Presentation was provided by Joel Hardy, Grants/Special Projects Administrator; and Trent Epperson, City Manager. IX. OTHER BUSINESS There were no other business items. X. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION There were no issues to discuss. XI. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session at 8:30 p.m. Section 551.072 - Deliberation Regarding the Sale, Purchase, Lease or Exchange of Real Property. Conducted. Section 551.087 - Deliberations Regarding Economic Development Negotiations. Conducted. Council returned from Executive Session at 9:18 p.m. XII. NEW BUSINESS CONTINUED 11. Consideration and Possible Action - Regarding Sale, Purchase, Lease or Exchange of Real Property. No action taken. 12. Consideration and Possible Action - Regarding Economic Development Negotiations. No action taken. XIII. ADJOURNMENT Mayor Cole adjourned the meeting at 9:18 p.m. The Minutes were approved on this the 14th day of October 2024. Page 7 of 8 Docusign Envelope ID: 9299FB2A-6A03-429D-9AA8-26ECB4E7C35F Pearland City Council Minutes September 23, 2024 City of Pearland, Texas J. Kevin Cole Mayor ATTEST: Frances Aguilar TRMC, MMC City Secretary Page 8 of 8 Docusign Envelope ID: 9299FB2A-6A03-429D-9AA8-26ECB4E7C35F