2022-05-09 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Minutes May 09, 2022
MINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY OF PEARLAND, TEXAS,
HELD ON MAY 9, 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 p.m.
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
Councilmember Woody Owens gave the Invocation and Councilmember Tony Carbone
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 Trent Perez
Councilmember Woody Owens
City Manager Clay Pearson
City Attorney Darrin Coker
City Secretary Leslie Crittenden
Mayor Pro-Tem Adrian Hernandez and Councilmember J. David Little were absent.
IV. CITIZEN COMMENTS
Jimmy Davis, 5004 Colmesneil St., spoke regarding his concerns regarding water billing
cycle 12 of the 32/30 plan.
Joseph Koza, 2814 S. Mainstreet St., spoke regarding his concerns about the number
of letters sent out by the city to one property.
V. CONSENT AGENDA
A. Consideration and Possible Action - Excuse the absence of Mayor Pro-
Tem Adrian Hernandez and Councilmember Woody Owens from the April
25, 2022 City Council Regular Meeting.
B. Consideration and Possible Action - Approval of City Council Regular
Meeting minutes for April 25, 2022.
C. Consideration and Possible Action - Resolution No. R2022-102 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a professional services design contract with K Friese & Associates, Inc.,
for design services associated with the Bella Vita Regional Lift Station
Rehabilitation Project, in the estimated amount of $149,970.00.
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Pearland City Council Regular Meeting Minutes - May 09, 2022
D. Consideration and Possible Action - Resolution No. R2022-96 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a design contract with Weston Solutions, Inc., for design services
associated with the Autumn Lakes Lift Station Rehabilitation Project, in
the estimated amount of $99,369.50.
E. Consideration and Possible Action - Resolution No. R2022 - 99 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
service contract for electrical services (maintenance and repairs of City
facilities) with Boyer, Inc., in the estimated amount of $500,000.00,
beginning May 30, 2022 through May 29, 2023.
F. Consideration and Possible Action - Resolution No. R2022-103 - 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 $88,001.30, from Precision Delta Corporation.
G. Consideration and Possible Action - Resolution No. R2022-98 - A
Resolution of the City Council of the City of Pearland, Texas, accepting the
City’s Investment Report for the quarter ending March 2022.
H. Consideration and Possible Action - Resolution No. R2022-100 - 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 two (2) fleet vehicles, in the amount of $102,113.62, from Lake Country
Chevrolet.
I. Consideration and Possible Action - Resolution No. R2022-108 - A
Resolution of the City Council of the City of Pearland, Texas (“City”)
denying the Distribution Cost Recovery Factor rate request of CenterPoint
Energy Houston Electric, LLC made on or about April 5, 2022; authorizing
participation in a coalition of similarly situated cities; authorizing
participation in related rate proceedings; requiring the reimbursement of
municipal rate case expenses; authorizing the retention of special
counsel; finding that the meeting complies with the open meetings act;
making other findings and provisions related to the subject; and declaring
an effective date.
J. Consideration and Possible Action - Resolution No. R2022-107 - A
Resolution of the City Council of the City of Pearland, Texas (“City”)
denying the Distribution Cost Recovery Factor rate request of Texas-New
Mexico Power Company made on or about April 5, 2022; authorizing
participation in a coalition of similarly situated cities; authorizing
participation in related rate proceedings; requiring the reimbursement of
municipal rate case expenses; authorizing the retention of special
counsel; finding that the meeting complies with the Open Meetings Act;
making other findings and provisions related to the subject; and declaring
an effective date.
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Pearland City Council Regular Meeting Minutes - May 09, 2022
K. Consideration and Possible Action - Resolution No. R2022-106 - A
Resolution of The City Council of the City of Pearland, Texas, designating
the City Manager and/or his designee, as the authorized official for the
purpose of entering into a zero-cost extension of a grant agreement
between the City and the State of Texas-General Land office, for property
acquisitions and property buyout activities related to Hurricane Harvey.
L. Consideration and Possible Action- Second 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
severa-bility clause, a repealer clause, and an effective date.
M. Consideration and Possible Action - Resolution No. R2022-95 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into an Interlocal Agreement with
the City of Round Rock for the cooperative purchase of a department
records management system from ESO, Inc., in the estimated amount of
$101,000.00. Councilmember Orlando made the motion, seconded by Councilmember Perez
to adopt Consent Agenda Items A through M.
AYES: Orlando, Carbone, Kamkar, Perez, Owens.
NAYS: None.
The motion carried.
VI. NEW BUSINESS
1. Consideration and Possible Action - Resolution No. R2022-109 - A
Resolution of the City Council of the City of Pearland, Texas,
recommending that the Westside Event Center, located at 2150 Country
Place Parkway, be renamed the Pearland Community Center. Councilmember Carbone made the motion, seconded by Councilmember Perez
to adopt Resolution No. R2022-109.
Councilmember Orlando made the motion, seconded by Councilmember
Kamkar to amend Resolution No. R2022-109 to include renaming the Westside
Event Center to West Pearland Community Center.
AYES: Orlando, Carbone, Kamkar, Perez, Owens.
NAYS: None.
The motion carried.
AYES: Orlando, Carbone, Kamkar, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2022-109 is adopted as amended.
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Pearland City Council Regular Meeting Minutes - May 09, 2022
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 Kamkar made the motion, seconded by Councilmember
Perez, to adopt Resolution No. R2022-CUP22-05.
Community Development Director John McDonald provided a staff report.
Paul Eskine, 2519 Park Ave, spoke in favor of the conditional use permit.
Councilmember Carbone made the motion, seconded by Councilmember
Orlando to amend Resolution No. R2022-CUP22-05 to include the two (2) staff
recommendations as follows:
1. The applicant shall provide rear-loaded garages with
access from the alley. Development of the property shall
be coordinated with adjacent developer to ensure timing
of improvements.
2. The applicant shall design their plan to utilize the regional
storm water drainage system and coordinate construction
of their improvements with the adjacent developer.
AYES: Orlando, Carbone, Kamkar, Perez, Owens.
NAYS: None.
The motion carried.
AYES: Orlando, Carbone, Kamkar, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2022-CUP22-05 is adopted as amended.
3. Consideration and Possible Action- First Reading of Ordinance 1462-3 -
An Ordinance of the City Council of the City of Pearland, Texas, amending
Article 5, Chapter 2, Ethics, Section 2-83, of the City of Pearland Code of
Ordinances as it applies to former members of Council; having a savings
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Pearland City Council Regular Meeting Minutes - May 09, 2022
clause, a severability clause, and a repealer clause; providing for
codification and an effective date. Councilmember Perez made the motion, seconded by Councilmember Owens,
to adopt the First Reading of Ordinance 1462-3.
Felicia Harris-Haus, spoke in regards to the intent of the ordinance and offered
suggestions.
Councilmember Kamkar made the motion, seconded by Councilmember
Carbone to amend the First Reading of Ordinance No. 1462-3 to include a period
of no less than nine (9) consecutive months following the date of a former
councilmember’s successor is sworn into office.
AYES: Orlando, Carbone, Kamkar, Perez, Owens.
NAYS: None.
The motion carried.
AYES: Orlando, Carbone, Kamkar, Perez, Owens.
NAYS: None.
The motion carried. First Reading of Ordinance No. 1462-3 is adopted as
amended.
4. Consideration and Possible Action - Resolution No. R2022-104 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the power of eminent domain to acquire a fee title interest in certain
property for the road right-of-way; being 0.0872 acres (3,800 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
0.3444 acres tract of land as conveyed to Southwestern Bell Telephone
Company by Deed executed September 10, 1982 as recorded in Volume
1692, Page 678 in the Deed Records of Brazoria County, Texas, 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 Owens made the motion, seconded by Councilmember
Carbone, to adopt Resolution No. R2022-104.
AYES: Orlando, Carbone, Kamkar, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2022-104 is adopted.
5. Consideration and Possible Action - Second and Final 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
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Pearland City Council Regular Meeting Minutes - May 09, 2022
Bailey Road; Property ID# 166650; containing an effective date and other
provisions related to the subject; and providing a savings and severability
clause. Councilmember Orlando made the motion, seconded by Councilmember
Carbone, to adopt the First Reading of Ordinance No. 1613.
AYES: Orlando, Carbone, Kamkar, Perez, Owens.
NAYS: None.
The motion carried.
6. Consideration and Possible Action - Second and Final 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 Orlando made the motion, seconded by Councilmember
Carbone, to adopt the First Reading of Ordinance No. 1614.
AYES: Orlando, Carbone, Kamkar, Perez, Owens.
NAYS: None.
The motion carried.
VII. MATTERS REMOVED FROM CONSENT AGENDA
There were none.
VIII. OTHER BUSINESS
There was none.
IX. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were none.
X. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 7:50 p.m.
Council returned from Executive Session at 8:07 p.m.
Executive Session 551.074 - Personnel Matters - Regarding appointments
to the Boards and Commissions.
XI. NEW BUSINESS CONTINUED
7. Consideration and Possible Action - Regarding appointments to the
Boards and Commissions.
No action taken.
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Pearland City Council Regular Meeting Minutes - May 09, 2022
XII.ADJOURNMENT
Mayor Cole adjourned the meeting at 8:07 p.m.
Minutes approved as submitted and/or corrected this 23rd day of May 2022.
J.Kevin Cole
Mayor
ATTEST:
Leslie Crittenden
City Secretary
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