2022-02-28 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Minutes February 28, 2022
MINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY OF PEARLAND,
TEXAS, HELD ON FEBRUARY 28, 2022 AT 6:30 PM, IN PEARLAND CITY HALL
COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
I. CALL TO ORDER
Mayor J. Kevin Cole called the meeting to order at 6:30 pm.
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
Mayor J. Kevin Cole gave the Invocation and students from the YMCA Texas Youth and
Government Program 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 Adrian Hernandez
Councilmember Luke Orlando
Councilmember Tony Carbone
Councilmember J. David Little
Councilmember Woody Owens
City Manager Clay Pearson
City Attorney Darrin Coker
Interim City Secretary Leslie Crittenden
Councilmember Alex Kamkar and Councilmember Trent Perez were absent.
IV. CITIZEN COMMENTS
Mayor Cole announced guest attendee Trey Fletcher, Deputy City Manager for the City
of Pflugerville.
Aruna Muthupillai, 3526 Mira Glen Dr, provided a presentation of her high school project
- Project Eutrophication Evasion.
Lucy Gehring, 1129 Stone Rd, spoke in favor of increasing the speed limit from 30 to
45 on Pearland city streets.
Jimmy Davis, 5004 Colmesneil St., spoke in regards to the water billing schedule from
the 32/30 plan.
V. NEW BUSINESS
1. Welcome and recognize students participating in the YMCA Texas Youth
& Government program at Dawson High School.
No action taken.
VI. PUBLIC HEARING NO. 1
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Public Hearing: A request by Candice McGuire, applicant, on behalf of
Julian Davis III, representing Fellowship of Believers Baptist Church,
owner, for approval of a Conditional Use Permit (CUP) for the expansion
of a church on approximately 3.00 acres of land within the Neighborhood
Service (NS) District, to wit:
Legal Description: A subdivision of 3.0000 acres situated in the H.T.B.R.R.
Co. Survey, Abstract No. 240, City of Pearland, Brazoria County, Texas.
General Location: 2834 Wagon Trail Road, Pearland, Texas.
Community Development Director John McDonald read the purpose of the
Public Hearing.
Community Development Director John McDonald gave a presentation of the
request.
Mayor Cole called for citizen comments for or against the request. There were
none.
Mayor Cole called for council discussion.
Mayor Cole closed the Public Hearing.
VII. NEW BUSINESS
2. Consideration and Possible Action - Resolution No. R2022-CUP22-00001 -
A Resolution of the City Council of the City of Pearland, Texas, approving
a Conditional Use Permit (CUP) for the expansion of a church on
approximately 3.00 acres of land within the Neighborhood Service (NS)
District; being described as a subdivision of 3.0000 acres situated in the
H.T.B.R.R. Co. Survey, Abstract No. 240, City of Pearland, Brazoria County,
Texas (located at 2834 Wagon Trail Road, Pearland, Texas). Conditional
Use Permit Application No CUP22-00001, for a Conditional Use Permit
(CUP) for the expansion of a church within the Neighborhood Service (NS)
District, at the request of Candice McGuire, applicant, on behalf of Julian
Davis III, representing Fellowship of Believers Baptist Church, owner,
containing a savings clause, a severability clause, and an effective date
and other provisions related to the subject. Councilmember Orlando made the motion, seconded by Councilmember Little,
to approve Resolution No. R2022-CUP22-00001.
AYES: Hernandez, Orlando, Carbone, Little, Owens.
NAYS: None.
The motion carried. Resolution No. R2022-CUP22-00001 is approved.
VIII. CONSENT AGENDA
A. Consideration and Possible Action - Approval of Minutes
City Council Regular Meeting Minutes - February 14, 2022
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Pearland City Council Minutes February 28, 2022
City Council Special Meeting - Strategic Planning Workshop Minutes -
February 19, 2022.
B. Consideration and Possible Action - Resolution No. R2022-51 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit supply contract for fittings, couplings and valves to Accurate Supply,
in the estimated amount of $17,000.00, for the period of March 1, 2022
through February 28, 2023.
C. Consideration and Possible Action - Resolution No. R2022-50 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit supply contract for fittings, couplings and valves to Coburn’s Supply,
in the estimated amount of $25,000.00, for the period of March 1, 2022
through February 28, 2023.
D. Consideration and Possible Action - Resolution No. R2022-48 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
contract for fire personal protection equipment, small tools and other
equipment, with Municipal Emergency Services, in the additional amount
of $20,000.00 (total contract amount of $99,871.51).
E. Consideration and Possible Action - Resolution No. R2022-44 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate in a cooperative purchase
agreement using The Interlocal Purchasing System (TIPS) for the purchase
of four (4) fleet vehicles, in the amount of $172,946.33, from Silsbee Group.
F. Consideration and Possible Action - Resolution No. R2022-45 - 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) for
the unit supply purchase of auto parts, in the estimated amount of
$135,000.00, from Auto Plus, for the period of March 4, 2022 through March
3, 2023.
G. Consideration and Possible Action - Resolution No. R2022-47- A
Resolution of the City Council of the City of Pearland, Texas, amending a
unit supply contract for general plumbing services with Boyer, Inc., in the
additional amount of $16,200.00 (total amount of $40,200.00).
H. Consideration and Possible Action - Resolution No. R2022- 43 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate in a cooperative purchase
agreement using The Interlocal Purchasing System (TIPS) for the purchase
of one (1) police vehicle, in the amount of $60,387.99, from Lake Country
Chevrolet.
I. Consideration and Possible Action - Resolution No. R2022-49 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate in a cooperative purchase
agreement using the Houston-Galveston Area Council (HGAC) for the
purchase of one (1) unit of heavy equipment (mini excavator), in the
amount of $68,884.97, from ASCO Equipment.
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Councilmember Carbone made the motion, seconded by Mayor Pro-Tem
Hernandez, to approve Consent Agenda Items A through I.
AYES: Hernandez, Orlando, Carbone, Little, Owens.
NAYS: None.
The motion carried.
IX. NEW BUSINESS CONTINUED
3. Council Discussion - Draft Short-term Rental Ordinance
A. Permit Application
B. Inspection Required
C. Restrictions
D. Permit Denial or Revocation
Councilmember Kamkar entered the meeting at 7:15 p.m.
Mayor Cole called for council discussion.
Joseph Koza, 2403 Green Tee Dr., spoke in favor of the Short-Term Rental
Ordinance, with hopes that Council would take the recommendation of the STR
Committee into consideration.
Rushi Patel, 12213 Rosemont Ln., spoke in regards to the Short-Term
Ordinance to provide insight from a business owner's perspective.
No action taken.
4. Consideration and Possible Action - Resolution No. R2022-32 - A
Resolution of the City Council of the City of Pearland, Texas, approving an
appropriation of $912,000 from Fund 569 Revenue Bond 2022 Fund to the
Bailey Sewer Line (WW2007) project and $1,600,000 from Fund 569
Revenue Bond 2022 Fund to the Bailey Water Plant Improvements
(WA1901) project and awarding a construction services contract for the
Bailey Road Water Treatment Plant Project, to LEM Construction Co., Inc.,
in the amount of $12,593,561.91. Mayor Pro-Tem Hernandez made the motion, seconded by Councilmember
Little, to approve Resolution No. R2022-32.
AYES: Hernandez, Carbone, Kamkar, Little, Owens.
NAYS: None.
The motion carried. Resolution No. R2022-32 is approved.
5. Consideration and Possible Action - Resolution No. R2022-33 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a construction material testing contract with Terracon Consultants, Inc., in
the estimated amount of $212,735.00, for the Bailey Road Water Treatment
Plant Project.
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Councilmember Kamkar made the motion, seconded by Councilmember Little,
to approve Resolution No. R2022-33.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Owens.
NAYS: None.
The motion carried. Resolution No. R2022-33 is approved.
6. Consideration and Possible Action - Resolution No. R2022-52 -
A Resolution of The City Council of the City of Pearland, Texas, creating a
Citizens Drainage Bond Program Advisory Committee (“Committee”) and
appointing members to the Committee. Councilmember Little made the motion, seconded by Councilmember Owens,
to approve Resolution No. R2022-52.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Owens.
NAYS: None.
The motion carried. Resolution R2022-52 is approved.
7. Consideration and Possible Action – Second and Final Reading of
Ordinance No. 1605-3 - An Ordinance of the City Council of the City of
Pearland, Texas, amending Ordinance No. 1605-2, the 2021-2022 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 Owens made the motion, seconded by Councilmember Little,
to approve Second and Final Reading of Ordinance No. 1605-3.
AYES: Hernandez, Orlando, Kamkar, Little, Owens.
NAYS: None.
The motion carried. Ordinance No. 1605-3 is approved.
8. Consideration and Possible Action – First Reading of Ordinance No. 1605-
4 - An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 1605-3, the 2021-2022 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 Orlando made the motion, seconded by Councilmember Little
to approve the First Reading of Ordinance No. 1605-4.
Jean Cason, 1610 Gable Park Ct., spoke in favor of adding cameras in her
neighborhood.
Jibbie John, 1409 Bent Lake Ln., spoke in favor of adding cameras in his
neighborhood.
Nigel Brooks, 2101 Clearfield Springs Ct., spoke in favor of adding cameras in
neighborhoods and the funding of a grant program.
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Benjamin Peck, 3207 Vintage View Ln., spoke in favor of adding cameras in his
neighborhood and encouraged Council to consider the funding of a grant
program.
Councilmember Carbone made the motion, seconded by Councilmember
Kamkar to amend the First Reading of Ordinance No, 1605-4 to include a budget
amendment of an additional $250,000 for a community grant program.
AYES: Orlando, Carbone, Kamkar, Little, Owens.
NAYS: Hernandez.
The motion carried. First Reading of Ordinance No. 1605-4 is amended.
9. Consideration and Possible Action - Resolution No. R2022-42 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the power of eminent domain to acquire fee title to certain property for the
road right-of-way; being 0.1360 acres (5,925 square feet) parcel of land
situated in the H.T. & B.R.R. Co. Survey, Abstract 304, Brazoria County,
Texas; being out of and a portion of that certain called 0.4579 acre tract of
land conveyed to Chay Ung by Deed executed December 31, 2010 in
Clerk’s File Number 2011001608, in the Official Records of Brazoria
County, Texas for the construction and maintenance of public road
improvements on certain real property described herein; authorizing the
city attorney, or his designee, and other city officials to take such actions
as are necessary to acquire said property, located within the city, by
donation, purchase, or by the exercise of the power of eminent domain. Councilmember Carbone made the motion, seconded by Mayor Pro-Tem
Hernandez, to approve Resolution No. R2022-42.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little.
NAYS: None.
The motion carried. Resolution No. R2022-42 is approved.
1o. Consideration and Possible Action - Resolution No. R2022-41 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the power of eminent domain to acquire fee title to certain property for the
road right-of-way; being 0.0369 acres (1,606 square feet) parcel of land
situated in the H.T.& B.R.R. Co. Survey, Abstract 304, Brazoria County,
Texas; being out of and a portion of that certain called 0.5 acre tract
conveyed to Christopher Lee Mosley by Quitclaim Deed executed July 13,
1998 in Clerk’s File Number 98028656 in the Official Records of Brazoria
County, Texas, and being out of and a portion of that certain tract of land
ascribed to Carol Ann Jamison and Katherine Spencer Jamison as
described in Real Property Affidavit executed May 08, 2014 as recorded in
File Number 2014018256, in the Official Public Records of Brazoria County,
Texas, for the construction and maintenance of public road improvements
on certain real property described herein; authorizing the city attorney, or
his designee, and other city officials to take such actions as are necessary
to acquire said property, located within the city, by donation, purchase, or
by the exercise of the power of eminent domain.
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Councilmember Carbone made the motion, seconded by Mayor Pro-Tem
Hernandez, to approve Resolution No. R2022-41.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little.
NAYS: None.
The motion carried. Resolution No. R2022-41 is approved.
11. Consideration and Possible Action - Resolution No. R2022-40 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the power of eminent domain to acquire fee title to certain property for the
road right-of-way; being 0.2560 acres (11,152 square feet) parcel of land
situated in the H.T &B. R.R. Co. Survey, Abstract 304, Brazoria County,
Texas; being out of and a portion of that certain called 11.570 acre tract
conveyed to Hanan Khalet by Deed executed August 02, 2018 in Clerk’s
File Number 2018040114 in the Official Records of Brazoria County, Texas
for the construction and maintenance of public road improvements on
certain real property described herein; authorizing the city attorney, or his
designee, and other city officials to take such actions as are necessary to
acquire said property, located within the city, by donation, purchase, or by
the exercise of the power of eminent domain.
Councilmember Carbone made the motion, seconded by Mayor Pro-Tem
Hernandez, to approve Resolution No. R2022-40.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little.
NAYS: None.
The motion carried. Resolution No. R2022-40 is approved.
X. MATTERS REMOVED FROM CONSENT AGENDA
There were none.
XI. OTHER BUSINESS
There was none.
XII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
12. Council Consideration Request - Formal Council Meeting Updates
Regarding Surface Water Treatment Plant
Mayor Pro-Tem Hernandez read the item for the record.
Councilmember Kamkar made the motion, seconded by Councilmember Owens
to amend the request to include reporting of the Surface Water Treatment Plant
once every thirty (30) days.
AYES: Kamkar, Owens
NAYS: Orlando, Carbone, Hernandez, Little
The motion failed.
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Councilmember Carbone made the motion, seconded by Mayor Pro-Tem
Hernandez, to amend the request for Surface Water Treatment Plant Updates
to every sixty (60) days with a staff report placed on the Consent Agenda and
a staff presentation at each quarterly CIP meeting.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Owens.
NAYS: None.
The motion carried.
13. Consideration and Possible Action - Consider ceasing the 32/30 Plan for
Utility Billing per UB Staff's recommended approach, 1 Bill Alternative.
Councilmember Carbone made the motion, but no second was offered.
XIII. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 9:13 p.m.
Council returned from Executive Session at 10:02 p.m.
XIV. NEW BUSINESS CONTINUED
14. Consideration and Possible Action - Regarding Economic Development
Negotiations. Councilmember Carbone made the motion, seconded by Mayor Pro-Tem
Hernandez to approve a Letter Finance Agreement with Lower Kirby Pearland
Management District and a Reimbursement Agreement between the City and
the Pearland Economic Development Corporation associated with the Lower
Kirby Master Drainage.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Owens.
NAYS: None.
The motion carried.
15. Consideration and Possible Action - Regarding the potential purchase of
Real Property. Councilmember Carbone made the motion, seconded my Mayor Pro-Tem
Hernandez to approve Addendum two (2) to the Development Agreement with
Prospect #1407 and Amendment two (2) to the related Reimbursement
Agreement with the Pearland Economic Development Corporation.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Owens.
NAYS: None.
The motion carried.
XV. ADJOURNMENT
Mayor Cole adjourned the meeting at 10:05 p.m.
Minutes approved as submitted and/or corrected this 7th day of March 2022.
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Pearland City Council Minutes February 28, 2022
J.Kevin Cole
Mayor
ATTEST:
Leslie Crittenden
Interim City Secretary
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