2022-04-25 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Minutes April 25, 2022
MINUTES OF A CITY COUNCIL MEETING OF THE CITY OF PEARLAND, TEXAS,
HELD ON APRIL 25, 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
Councilmember Tony Carbone gave the Invocation and Councilmember Alex Kamkar
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
Councilmember Luke Orlando
Councilmember Tony Carbone
Councilmember Alex Kamkar
Councilmember J. David Little
Councilmember Trent Perez
City Manager Clay Pearson
City Attorney Darrin Coker
City Secretary Leslie Crittenden
Mayor Pro-Tem Adrian Hernandez and Councilmember Woody Owens were absent.
IV. CITIZEN COMMENTS
There were none.
V. PRESENTATIONS
1. Presentation of ISO PPC Class 1 Certification by Insurance Services Office
and by the Texas Department of Insurance State Fire Marshal's Office.
City Manager Clay Pearson provided a brief overview.
Fire Chief Vance Riley provided the introductions of the presenters.
Insurance Services Office, Inc. representatives and the Texas Department of
Insurance State Fire Marshall's Office gave a presentation of the award and
recognition for the ISO PPC Class 1 Certification.
VI. PUBLIC HEARING NO. 1
Public Hearing: A request by Shahin Khatami, applicant, on behalf of Jose
Majia, owner, for approval of a Conditional Use Permit (CUP) for Dwelling
- Single-Family Detached use within the Old Townsite Mixed Use (OT-MU)
District, to accommodate three (3) detached dwelling units on three
separately platted lots totaling on 0.2869 acres of land; to wit:
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Legal Description: Being all of Lots 1, 2 & 3, Block 1 of Park Avenue Place,
an addition in the City of Pearland, Brazoria County, Texas, according to
the plat recorded in County Clerk’s File No. 2018003429, in the Official Plat
Records of Brazoria County, Texas.
General Location: 2529, 2531 & 2533 Park Avenue, Pearland, Texas.
Assistant Director Martin Griggs read the purpose of Public Hearing.
Assistant Director Martin Griggs provided a presentation of the request.
Applicant Shahin Khatami, 810 Walnut Bend, spoke briefly about his request
and was available for questions.
Mayor Cole called for citizen comments for or against the request.
Paul Eskine, 2519 Park Ave, spoke against the request.
Mayor Cole called for Council discussion.
Mayor Cole closed the Public Hearing.
VII. NEW BUSINESS
2. Consideration and Possible Action - Resolution No. R2022-CUP22-05 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Dwelling - Single-Family Detached use
within the Old Townsite Mixed Use (OT-MU) District, to accommodate three
(3) detached dwelling units on three separately platted lots totaling on
0.2869 acres of land; being all of Lots 1, 2 & 3, Block 1 of Park Avenue
Place, an addition in the City of Pearland, Brazoria County, Texas,
according to the plat recorded in County Clerk’s File No. 2018003429, in
the Official Plat Records of Brazoria County, Texas (located at 2529, 2531
& 2533 Park Avenue, Pearland, Texas). Conditional Use Permit Application
No CUP22-05, for Dwelling - Single-Family Detached use within the Old
Townsite Mixed Use (OT-MU) District, at the request of Shahin Khatami,
applicant, on behalf of Jose Majia, 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
Perez, to adopt Resolution No. R2022-CUP22-05.
Councilmember Orlando made the motion, seconded by Councilmember
Perez, to postpone Resolution No. R2022-CUP-05 until the next available
meeting.
AYES: Orlando, Carbone, Kamkar, Little, Perez.
NAYS: None.
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The motion carried.
VIII. CONSENT AGENDA
A. Consideration and Possible Action - Approval of Minutes - City Council
Regular Meeting Minutes - April 11, 2022
B. Consideration and Possible Action - Resolution No. R2022-62 - 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 with the Houston-Galveston Area Council (HGAC) for the
purchase of one (1) unit of heavy equipment (oil trailer), in the amount of
$79,523.00, from SealMaster Pavement Products & Equipment.
C. Consideration and Possible Action - Resolution No. R2022-85 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a Library Services
Agreement with Brazoria County (“County”) associated the West Pearland
Library.
D. Consideration and Possible Action - Resolution No. R2022-87 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
supply contract for street and sidewalk maintenance, with Greenscapes
Six, LLC, in the additional amount of $186,520.00, (total contract amount
of $932,600.00).
E. Consideration and Possible Action - Resolution No. R2022-88 - 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 with the Texas Buy Board for the purchase of traffic signal
equipment, in the amount of $301,818.00, from Cubic Trafficware.
F. Consideration and Possible Action - Resolution No. R2022-89 - 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 (TIPS), for the
purchase of audio-visual equipment (Surface Water Plant) from Data Vox,
Inc., in the estimated amount of $172,617.92.
G. Consideration and Possible Action - Resolution No. R2022-90 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract associated with the Traffic Signals Upgrade
Program, to Creacom, Inc., in the amount of $410,603.00.
H. Consideration and Possible Action - Resolution No. R2022-94 - A
Resolution of the City Council of the City of Pearland, Texas, ratifying
emergency expenditures, in the amount of $185,885.00, for emergency
repairs of the Garden Road and Southdown water wells.
I. Consideration and Possible Action for Extension of Resolution No. R2021-
CUP 21-00005-1 - A Resolution of the City Council of the City of Pearland,
Texas, approving an extension to R2021- CUP21-00005 that allows Church,
Temple, or Place of Worship use within the Single-family Residential-1 (R-
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1) District, on approximately 4.99 acres of land being the west one-half (W
½) of Lot 47, of the Allison Richey Gulf Coast Home Company Subdivision,
Section 19, H.T. & B.R.R. CO. Survey 243, Brazoria County, Texas,
according to the plat as recorded in Volume 2, Page 23, of the Plat Records
of Brazoria County, Texas (located at 2539 Zapalac Road, Pearland, Texas).
J. Consideration and Possible Action – Second and Final Reading of
Ordinance No. 1612 - An ordinance of the City Council of the City of
Pearland, Texas, authorizing the issuance of 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.
K. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 2000M-224 - 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 all of Lot 1, Block 1, Forgotten Angels, a
subdivision of 7.06 acres of land in the City of Pearland, Texas, according
to the Plat recorded in County Clerk’s File No. 2012045168 in the Plats
Records of Brazoria County, Texas (located at 3309 Industrial Drive,
Pearland, TX). Zone Change Application No. ZONE 22-02, a request by
Renee McGuire, applicant, on behalf of Forgotten Angels Foundation,
owner, for approval of a zone change from the Light Industrial (M-1)
District, Planned Development (PD), and Single-Family Residential-4 (R-4)
District to the General Business (GB) District, on approximately 7.06 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 Carbone made the motion, seconded by Councilmember
Perez, to adopt Consent Agenda Items A through K with the exception of F.
AYES: Orlando, Carbone, Kamkar, Little, Perez.
NAYS: None.
The motion carried.
IX. NEW BUSINESS CONTINUED
3. Consideration and Possible Action - Resolution No. R2022-97 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a Second Amended
Development Agreement with Massey Oaks Development, LP
(“Developer”) reciting the responsibilities of the City and Developer
associated with the development of a residential community (Massey
Oaks). Councilmember Kamkar made the motion, seconded by Councilmember Little,
to adopt Resolution No. R2022-97.
AYES: Kamkar, Little, Orlando, Carbone, Perez.
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NAYS: None.
The motion carried. Resolution No. R2022-97 is adopted.
4. Consideration and Possible Action - Resolution No. R2022-16 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
an Advanced Funding Agreement with the State of Texas, for a fixed price
joint participation agreement associated with the costs of acquiring right-
of-way and relocating or adjusting utilities for the FM 518 Broadway
Expansion Project (SH 288 to Cullen Parkway) and authorizing the City
Manager or his designee to enter into a Reimbursement Agreement
between the City and the Pearland Economic Development Corporation
associated with the FM 518 Broadway Expansion Project. Councilmember Little made the motion, seconded by Councilmember Perez, to
adopt Resolution No. R2022-16.
AYES: Orlando, Carbone, Kamkar, Little, Perez.
NAYS: None.
The motion carried. Resolution No. R2022-16 is adopted.
5. Consideration and Possible Action - Resolution No. R2022-69 - 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 with the Texas Buy Board for the purchase and installation of
equipment for an all-inclusive playground, in the amount of $787,082.10
from Lone Star Recreation of Texas.
Dennis Jackson, spoke in favor of the proposed playground agreement and the
naming of the playground.
City Manager Clay Pearson provided a staff report.
Councilmember Perez made the motion, seconded by Councilmember Little, to
adopt Resolution No. R2022-69.
AYES: Little, Perez, Orlando, Carbone, Kamkar.
NAYS: None.
The motion carried. Resolution No. R2022-69 is adopted.
6. Consideration and Possible Action - Resolution No. R2022-93 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the commemorative naming of the City’s inclusive playground at The
Sports Complex at Shadow Creek Ranch.
Councilmember Orlando made the motion, seconded by Councilmember
Perez, to adopt Resolution No. R2022-93.
Parks & Recreation Director Carry Capers provided a staff report.
Forever Parks Foundation of Pearland Board Member Nikki Kamkar, 3409
Ashton Springs Lane, spoke in favor of the item and presented the naming of
the playground as the Ed Thompson Inclusive Park.
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Councilmember Orlando made the motion, seconded by Councilmember
Perez, to amend the Resolution No. R2022-93 to name the playground as the
Ed Thompson Inclusive Park.
AYES: Orlando, Carbone, Kamkar, Little, and Perez.
NAYS: None.
The motion carried.
AYES: Orlando, Carbone, Kamkar, Little, Perez.
NAYS: None.
The motion carried. Resolution No. R2022-93 is adopted as amended.
7. Consideration and Possible Action - Resolution No. R2022-59 - 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 through Rush Truck Centers, for
the purchase of two (2) new ambulances and the refurbishment and
remounting of two (2) ambulance boxes on a new chassis, in the amount
of $1,016,129.00.
Councilmember Carbone made the motion, seconded by Councilmember
Perez, to adopt Resolution No. R2022-59.
City Manager Clay Pearson provided a staff report.
Mayor Cole called for Council discussion.
AYES: Orlando, Carbone, Kamkar, Little, Perez.
NAYS: None.
The motion carried. Resolution No. R2022-59 is adopted.
8. Consideration and Possible Action- First Reading of Ordinance No. 1605-
5 - An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 1605-4, the 2021-2022 Annual Budget Ordinance,
to facilitate the changes identified herein; providing a savings clause, a
severability clause, a repealer clause, and an effective date.
Councilmember Kamkar made the motion, seconded by Councilmember
Perez, to approve the First Reading of Ordinance No. 1605-5.
City Manager Clay Pearson provided a staff report.
Budget Officer Eric Roche provided an overview of the item.
Mayor Cole called for Council discussion.
AYES: Orlando, Carbone, Kamkar, Little, Perez.
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NAYS: None.
The motion carried.
9. Consideration and Possible Action – First Reading of Ordinance No. 1613
- An ordinance extending the city limits of the City of Pearland, Texas, by
agreed petition of the property owner(s), to include certain property within
certain limits and boundaries and annexing to the City of Pearland the area
within such limits and boundaries located at 5806 Bailey Road; Property
ID# 166650; containing an effective date and other provisions related to
the subject; and providing a savings and severability clause.
Councilmember Little made the motion, seconded by Councilmember Perez, to
approve the First Reading of Ordinance No. 1613.
City Attorney Darrin Coker provided an overview of the Ordinance.
Ray Hill, 5806 Bailey Rd., spoke in favor of Ordinance.
Mayor Cole called for Council discussion.
AYES: Orlando, Carbone, Kamkar, Little.
NAYS: Perez.
The motion carried.
10. Consideration and Possible Action – First Reading of Ordinance No. 1614
- An ordinance extending the city limits of the City of Pearland, Texas, by
agreed petition of the property owner(s), to include certain property within
certain limits and boundaries and annexing to the City of Pearland the area
within such limits and boundaries located at 3525 Charles Avenue;
Property ID #526093; containing an effective date and other provisions
related to the subject; and providing a savings and severability clause.
Councilmember Perez made the motion, seconded by Councilmember Little, to
approve the First Reading of Ordinance No. 1614.
City Attorney Darrin Coker provided an overview of the Ordinance.
Mayor Cole called for Council discussion.
AYES: Orlando, Carbone, Kamkar, Little.
NAYS: Perez.
The motion carried.
11. Consideration and Possible Action - Resolution No. R2022-91 - 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 being
a 10.000 acre tract of land out of a 15.301 acre tract of land out of the S.C.
Haynie Survey A362, Harris County, Texas in the Official Records of Harris
County, Texas for the construction and maintenance of public drainage
improvements on certain real property described herein; authorizing the
city attorney, or his designee, and other city officials to take such actions
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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 Orlando made the motion, seconded by Councilmember
Perez, to adopt Resolution No. R2022-91.
City Attorney Darrin Coker provided an overview of the Resolution.
Mayor Cole called for Council discussion.
AYES: Orlando, Carbone, Kamkar, Little, Perez.
NAYS: None.
The motion carried. Resolution No. R2022-91 is adopted.
12. Consideration and Possible Action - Resolution No. R2022-92 - 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 being
a 0.0270 acre (1,174 square feet) parcel of land, located within the
Alexander, Crain, Harris, & Brooks Survey (A.C.H. & B.), Abstract-402,
Brazoria County, Texas and being a portion of Lot 19 of the Allison Richey
Gulf Coast Home Company Subdivision, Section 24 recorded in Volume 2,
Page 89 of the Brazoria County Plat Records (B.C.P.R.), being out of and a
part of a called 347 acres and a portion of Lot 19 accorded in the name of
Masters Road, LLC, in Brazoria County Clerk’s File (B.C.C.F.) Number (No.)
2021068821 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 Orlando made the motion, seconded by Councilmember
Perez, to adopt Resolution No. R2022-92.
City Attorney Darrin Coker provided an overview of the Resolution.
Mayor Cole called for Council discussion.
AYES: Orlando, Carbone, Kamkar, Little, Perez.
NAYS: None.
The motion carried. Resolution No. R2022-92 is adopted.
X. MATTERS REMOVED FROM CONSENT AGENDA
F. Consideration and Possible Action - Resolution No. R2022-89 - 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 (TIPS), for the
purchase of audio-visual equipment (Surface Water Plant) from Data Vox,
Inc., in the estimated amount of $172,617.92.
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Councilmember Carbone made the motion, seconded by Councilmember
Perez, to adopt Resolution No. R2022-89.
City Manager Clay Pearson provided an overview of the Resolution.
Mayor Cole called for Council discussion.
AYES: Orlando, Carbone, Kamkar, Little, Perez.
NAYS: None.
The motion carried. Resolution No. R2022-89 is adopted.
XI. OTHER BUSINESS
There was none.
XII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
13. Consideration and Possible Action - Regarding a potential amendment to
the Ethics Ordinance to include a provision that no council member may
contract with the City of Pearland either personally or via a business for
which they own a controlling interest for six months following the end of
their term.
Councilmember Perez made the motion, seconded by Councilmember Little,
for a potential amendment of the Ethics Ordinance.
Mayor Cole called for Council discussion.
Key points for consideration to amend the Ethics Ordinance:
• Proposed revision should place responsibility on the City to perform due
diligence on contracting restrictions.
• Contracting prohibition should apply to Councilmembers with a
substantial interest of 10% or more ownership in a company.
• Council to determine whether a contracting prohibition applies for 6, 9 or
12 months after the Councilmember leaves office.
• City Attorney to prepare draft amendment to be presented at the May 9th
City Council meeting.
Councilmember Perez made the motion, seconded by Councilmember Little, to
postpone the item to the next meeting on May 9, 2022.
AYES: Little, Perez, Orlando, Carbone, Kamkar.
NAYS: None.
The motion carried.
14. Council Input and Discussion - Regarding a potential re-write of the City's
Unified Development Code with an emphasis on user friendliness through
the simplification and efficiency of the development process, elimination
of ambiguities or conflicts, and the consolidation of fragmented
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development guidelines to achieve continuity and consistency in the
development process.
Mayor Cole read the item and provided an overview.
Mayor Cole called for Council's input, discussion and any questions.
Community Development Director John McDonald provided feedback to Council
and his insight/input in regards to the development process.
XIII.EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 9:05 p.m.
Council returned from Executive Session at 9:47 p.m.
Section 551.071- Consultation with City Attorney- Legal Consultation
Regarding Interpretation of City Charter.
XIV.ADJOURNMENT
Mayor Cole adjourned the meeting at 9:47 p.m.
Minutes approved as submitted and/or corrected this 9th day of May 2022.
J.Kevin Cole
Mayor
ATTEST:
Leslie Crittenden
City Secretary
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