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2024-08-26 City Council Regular Meeting Minutes Pearland City Council Minutes August 26, 2024 CITY OF PEARLAND, TEXAS CITY COUNCIL REGULAR MEETING MINUTES AUGUST 26, 2024 The City Council of Pearland, Texas convened in a meeting on Monday, August 26, 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 Byrom 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 QUORUM Mayor J. Kevin Cole Mayor Pro-Tem Tony Carbone Councilmember Joseph Koza 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 except Councilmember Mona Chavarria. IV. CITIZEN COMMENTS Jimmy Davis, 5004 Colmesneil St., expressed concern regarding Animal Control and the stray animal policy. V. CONSENT AGENDA A. Consideration and Possible Action - Approval of the minutes of the Pearland City Council Workshop Meeting held on August 12, 2024; and the City Council Regular Meeting held on August 12, 2024. B. Consideration and Possible Action - Approve appointment to citizen boards and commissions as presented. C. Consideration and Possible Action - First and Only Reading of Ordinance No. 1640 - An Ordinance of the City Council of the City of Pearland, Page 1 of 8 Docusign Envelope ID: 1FF36654-FAF1-4A8F-B48B-FE3346C361B9 Pearland City Council Minutes August 26, 2024 Texas, ratifying and confirming the City’s authorization of the issuance of City of Pearland, Texas Certificates of Obligation, Series 2024C and ratifying and confirming the publication of a revised notice of an intent to issue Certificates of Obligation; and declaring an emergency. D. Consideration and Possible Action – First and Only Reading of Ordinance No. 1641 - An Ordinance of the City Council of the City of Pearland, Texas, ratifying and confirming the City’s authorization of the issuance of City of Pearland, Texas Certificates of Obligation, Series 2024A and ratifying and confirming the publication of a revised notice of an intent to issue Certificates of Obligation; and declaring an emergency. E. Consideration and Possible Action - Resolution No. R2024-133 - A Resolution of the City Council of the City of Pearland, Texas, awarding a 5-year vehicle repair contract (1-year initial term with four 1-year renewals) to International Paint and Body of Pearland, in the estimated amount of $401,670.00, for the period of August 27, 2024 through August 26, 2025. F. Consideration and Possible Action - Resolution No. R2024-176 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a professional service contract with Civic Initiatives for on-demand procurement support services, in the estimated amount of $61,000.00. G. Consideration and Possible Action - Resolution No. R2024-175 - A Resolution of the City Council of the City of Pearland, Texas, authorizing participation through an interlocal agreement with National IPA - OMNIA Partners for the purchase and installation of a 15-ton HVAC System for Fire Station No. 5, in the amount of $89,735.00, from TD Industries. H. Consideration and Possible Action - Resolution No. R2024-174 - 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 generator transfer and installation services (relocation from JHEC Wastewater Reclamation Facility to the Barry Rose Wastewater Reclamation Facility), in the amount of $124,000.00, from Vector Control, LLC. I. Consideration and Possible Action - Resolution No. R2024-163 - A Resolution of the City Council of the City of Pearland, Texas, renewing a contract for Fire Department Dispatch Services with East Harris County Communications, in the amount of $419,250.00 for the period of September 1, 2024 through August 31, 2025. J. Pulled for discussion. K. Consideration and Possible Action - Resolution No. R2024-158 - A Resolution of the City Council of the City of Pearland, Texas, awarding a 3-year unit cost contract (1-year initial term with two 1-year renewals) for property acquisition and relocation services with Right-of-Way Solutions LLC. Page 2 of 8 Docusign Envelope ID: 1FF36654-FAF1-4A8F-B48B-FE3346C361B9 Pearland City Council Minutes August 26, 2024 L. Consideration and Possible Action - Resolution No. R2024-177 - A Resolution of the City Council of the City of Pearland, Texas, amending a construction management/construction inspection service contract with HDR, Inc., associated with the Smith Ranch Road Expansion Project to include required documentation to meet federal guidelines to qualify for Project reimbursements. M. Consideration and Possible Action - Resolution No. R2024-166 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the conveyance of certain real property (”Property”), being a 0.2885 acre tract out of the H. Steven Survey, Abstract Number 594, Pearland, Brazoria County, Texas and being a portion of a certain 10 acre tract described in a deed dated May 24, 2002 from Frankie D. Pannel, etal to the City of Pearland (File Number 02-028793). Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone to approve Consent Agenda items A - M, except for J. AYES: Carbone, Koza, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. VI. MATTERS REMOVED FROM CONSENT AGENDA J. Consideration and Possible Action - Resolution No. R2024-167 - A Resolution of the City Council of the City of Pearland, Texas, approving a Change Order with Progressive Commercial Aquatics, in the amount of $62,450.00 (total contract amount of $1,966,310.00), associated with the Natatorium Recapitalization Project. Councilmember Koza made the motion, seconded by Councilmember Thumann to approve Resolution No. R2024-167. AYES: Carbone, Koza, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. VII. PUBLIC HEARING NO. 1 1. Public Hearing: A request by Trung Doan & Sheila Rowley, applicant, on behalf of The Archdiocese of Galveston-Houston, owner, for approval of a Conditional Use Permit (CUP) for the expansion of a Church use within the Single-Family Residential-1 (R-1) District, on approximately 19.934 acres of land, to wit: Legal Description: Lot 1, Block 1, Minor Plat of Catholic Community of St. Luke The Evangelist, a subdivision of 19.934 acres of land in Harris County, Texas, according to the map or plat recorded in County Clerk’s File No. 20130343245 in the Plat records of Harris County, Texas. Page 3 of 8 Docusign Envelope ID: 1FF36654-FAF1-4A8F-B48B-FE3346C361B9 Pearland City Council Minutes August 26, 2024 General Location: 1750 Riverstone Ranch Drive, Pearland, Texas. Mayor Cole opened the Public Hearing. Presentation provided by Martin Griggs, Deputy Director of Community Development. Trung Doan and Sheila Rowley, 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 - Resolution No. R2024-CUP24-15 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for expansion of a Church use, within the Single-Family Residential-1 (R-1) District, to accommodate an expansion of an existing Church, on approximately 19.934 acres of land, being Lot 1, Block 1, Minor Plat of Catholic Community of St. Luke The Evangelist, a subdivision of 19.934 acres of land in Harris County, Texas, according to the map or plat recorded in County Clerk’s File No. 20130343245 in the Plat records of Harris County, Texas (located at 1750 Riverstone Ranch Drive, Pearland, TX). Conditional Use Permit Application No CUP24-15, for expansion of a Church use, within the Single-Family Residnetial-1 (R- 1) District, at the request of Trung Doan & Sheila Rowley, applicant, on behalf of The Archdiocese of Galveston-Houston, 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 Koza to approve Resolution No. R2024-CUP24-15. AYES: Carbone, Koza, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. IX. PUBLIC HEARING NO. 2 2. Public Hearing: A request by Shonli Motor LLC., applicant, on behalf of Texas Lonestar Cut Stone, represented by Bruce Honore, owner, for approval of a Conditional Use Permit (CUP) for an Auto Repair (Major) use within the General Commercial (GC) District, on approximately 2.066 acres of land, to wit: Legal Description: Lot 1, Block 1, Replat of Lots 4-8, Block 1 and 0.331 Page 4 of 8 Docusign Envelope ID: 1FF36654-FAF1-4A8F-B48B-FE3346C361B9 Pearland City Council Minutes August 26, 2024 Acre of Abandoned Right-of-Way of Detenbeck & Barnhart Subdivision, a subdivision in Brazoria County, Texas, according to the map or plat thereof, recorded in County Clerk’s File No. 2015029683 in the Plat records of Brazoria County, Texas. General Location: 5929 Bardet Street Suite 159, Pearland, Texas. Mayor Cole opened the Public Hearing. Presentation provided by Martin Griggs, Deputy Director of Community Development. Mauricio Larios, applicant, and Lance Smith, owner, were 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 - Resolution No. R2024-CUP24-18 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for an Auto Repair (Major) use, within the General Commercial (GC) District, to accommodate an auto repair facility, on approximately 2.066 acres of land, being Lot 1, Block 1, Replat of Lots 4-8, Block 1 and 0.331 Acre of Abandoned Right-of-Way of Detenbeck & Barnhart Subdivision, a subdivision in Brazoria County, Texas, according to the map or plat thereof, recorded in County Clerk’s File No. 2015029683 in the Plat records of Brazoria County, Texas (located at 5929 Bardet Street Suite 159, Pearland, TX). Conditional Use Permit Application No CUP24-18, for an Auto Repair Major use, within the General Commercial (GC) District, at the request of Shonli Motor LLC., applicant, on behalf of Texas Lonestar Cut Stone, represented by Bruce Honore, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Byrom made the motion, seconded by Mayor Pro-Tem Carbone to approve Resolution No. R2024-CUP24-18. AYES: Carbone, Koza, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. XI. PUBLIC HEARING NO. 3 3. Public Hearing - To gather public comment and testimony regarding the creation of a reinvestment zone (generally located at the intersection of SH 35 and McHard Road) in accordance with Section 312.201 of the Tax Page 5 of 8 Docusign Envelope ID: 1FF36654-FAF1-4A8F-B48B-FE3346C361B9 Pearland City Council Minutes August 26, 2024 Code. Mayor Cole opened the Public Hearing. Darrin Coker read the purpose of the Public Hearing into the record. Presentation provided by Darrin Coker, City Attorney. There were no public comments or testimony. Mayor Cole closed the Public Hearing. XII. NEW BUSINESS NO. 3 3. Consideration and Possible Action - First Reading of Ordinance No. 1637 - An Ordinance of the City Council of the City of Pearland, Texas, designat-ing and describing a Reinvestment Zone (to be known as Reinvestment Zone #31) generally located at the intersection of McHard Road and SH35, in accordance with the Property Redevelopment and Tax Abatement Act; finding that the improvements sought are feasible and practical and would be a benefit to the land to be included in the zone and the municipality; adopting a Project Plan for the Reinvestment Zone; having a savings clause and a severability clause; and an effective date. Councilmember Cade made the motion, seconded by Mayor Pro-Tem Carbone to approve the first reading of Ordinance No. 1637. AYES: Carbone, Koza, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. XIII. NEW BUSINESS CONTINUED 4. Consideration and Possible Action - Resolution No. R2024-157 - 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 asphalt repair services, in the estimated amount of $2,993,592.81, from Pavecon for the period beginning August 26, 2024 through August 25, 2025. Councilmember Thumann made the motion, seconded by Mayor Pro-Tem Carbone to approve Resolution No. R2024-157. Councilmember Koza recused himself from this item. AYES: Carbone, Byrom, Cade, Thumann, and Patel. Page 6 of 8 Docusign Envelope ID: 1FF36654-FAF1-4A8F-B48B-FE3346C361B9 Pearland City Council Minutes August 26, 2024 NAYS: None. The motion carried. 5. Consideration and Possible Action - Resolution No. R2024-173 - A Resolution of the City Council of the City of Pearland, Texas, amending a unit supply contract for Debris Management Services with Ceres Environmental Services, Incorporated, in the additional amount of $1,500,000.00 (total contract amount of $3,500,000.00). Councilmember Patel made the motion, seconded by Councilmember Thumann to approve Resolution No. R2024-173. AYES: Carbone, Koza, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 6. Council Discussion - Regarding the Cultural Arts Master Plan Advisory Committee and selection of Councilmembers to serve. The City Council selected Mayor Cole, Councilmember Cade and Councilmember Koza to serve on the Cultural Arts Master Plan Advisory Committee. 7. Discussion regarding the Fiscal Year 2025 Proposed Budget. Presentation was provided by Trent Epperson, City Manager. XIV. OTHER BUSINESS There were no other business items. XV. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION There were no issues to discuss. XVI. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session at 7:43 p.m. Section 551.087 - Deliberations regarding Economic Development Negotiations. Conducted. Section 551.071 - Consultation with City Attorney regarding pending litigation. Conducted. Council returned from Executive Session at 8:50 p.m. XVII. NEW BUSINESS CONTINUED Page 7 of 8 Docusign Envelope ID: 1FF36654-FAF1-4A8F-B48B-FE3346C361B9 Pearland City Council Minutes August 26, 2024 8.Consideration and Possible Action - Regarding Economic Development Negotiations. Councilmember Koza made the motion, seconded by Councilmember Thumann authorizing staff to proceed with the sale of real property in the vicinity of the Lower Kirby area as discussed in Executive Session. AYES: Carbone, Koza, Byrom, Cade, Thumann, and Patel. NAYS: None. The motion carried. 9.Consideration and Possible Action - Direction to City Attorney regarding pending litigation. No action was taken. XVIII.ADJOURNMENT Mayor Cole adjourned the meeting at 8:51 p.m. The Minutes were approved on this the 9th day of September 2024. City of Pearland, Texas J. Kevin Cole Mayor ATTEST: Frances Aguilar TRMC, MMC City Secretary Page 8 of 8 Docusign Envelope ID: 1FF36654-FAF1-4A8F-B48B-FE3346C361B9