2022-05-23 CITY COUNCIL REGULAR MEETING MINUTESPearland City Council Minutes May 23, 2022
MINUTES OF A CITY COUNCIL MEETING OF THE CITY OF PEARLAND, TEXAS,
HELD ON MAY 23, 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 6:50 p.m.
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 members of the Boy Scouts 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 Joseph Koza
Councilmember Alex Kamkar
Councilmember Adrian Hernandez
Councilmember J. David Little
Councilmember Jeffrey Barry
Councilmember Woody Owens
City Manager Clay Pearson
City Attorney Darrin Coker
City Secretary Leslie Crittenden
Mayor Pro-Tem Tony Carbone was absent.
IV. CITIZEN COMMENTS
Randall Martin, 1913 Cedar Ridge Lane, spoke for the residents of Enclave and the
Preserve at Highland Glen regarding the Capital Improvement Program unfunded list.
Jimmy Davis, 5004 Colmesneil St., spoke regarding the 32/30 water billing plan for cycle
12.
V. PRESENTATIONS
1. Pearland Receives National Weather Service’s StormReady Community
Designation
Emergency Management Coordinator, Peter Martin, accepted the designation
from Dan Riley from the National Weather Service.
No action taken.
VI. PUBLIC HEARING
Public Hearing: A request by Charles Butcher, applicant, on behalf of
Joseph Chavez, owner, for approval of a Conditional Use Permit (CUP) to
DocuSign Envelope ID: CEA81C70-2279-4BA4-AA01-0A7E80330E15
Pearland City Council Regular Meeting Minutes May 23, 2022
allow for Auto Repair (Major) use on approximately 0.606 acres of land in
the Garden/O’Day-Mixed Use (G/O-MU) District, to wit:
Legal Description: Lot 8, in Block 9, Hickory Creek Place, a subdivision in
Brazoria County, Texas, according to the map or plat recorded in Volume
11, Pages 1 & 2 of the Plat Records of Brazoria County, Texas.
General Location: 2217 Garden Road, Pearland, Texas.
Assistant Director, Martin Griggs, provided an overview of the Public Hearing
request.
Mayor Cole called for citizen comments. There were none.
Mayor Cole called for Council discussion.
VII. NEW BUSINESS
2. Consideration and Possible Action - Resolution No. R2022-CUP22-09 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Auto Repair (Major) use within the
Garden/O’Day-Mixed Use (G/O-MU) District, on approximately 0.606 acres
of land, being all of Lot 8, in Block 9, Hickory Creek Place, a subdivision in
Brazoria County, Texas, according to the map or plat recorded in Volume
11, Pages 1 & 2 of the Plat Records of Brazoria County, Texas (located at
2217 Garden Road, Pearland, Texas). Conditional Use Permit Application
No CUP22-09, for Auto Repair (Major) use within the Garden/O’Day-Mixed
Use (G/O-MU) District, at the request of Charles Butcher, applicant, on
behalf of Joseph Chavez, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to
the subject.
Councilmember Koza made the motion, seconded by Councilmember Owens,
to adopt Resolution No. R2022-CUP22-09.
AYES: Hernandez, Kamkar, Owens, Koza, Barry, Little.
NAYS: None.
The motion carried. Resolution No. R2022-CUP22-09 is adopted.
VIII. CONSENT AGENDA
A. Consideration and Possible Action - Approval of Minutes for the City
Council Regular Meeting on May 9, 2022, and City Council Special Meeting
on May 16, 2022.
B. Consideration and Possible Action - Excuse the Absence of
Councilmember Adrian Hernandez and Councilmember J. David Little at
the City Council Regular Meeting on May 9, 2022.
DocuSign Envelope ID: CEA81C70-2279-4BA4-AA01-0A7E80330E15
Pearland City Council Regular Meeting Minutes May 23, 2022
C. Consideration and Possible Action - Resolution No. R2022-110 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
contract for Bank Depository Services to Wells Fargo Bank for three (3)
years, beginning October 1, 2022, and ending September 30, 2025, with the
option of two (2) additional one-year terms.
D. Consideration and Possible Action - Resolution No. R2022-112 - 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 Buy Board for the purchase and
installation of security fencing, in the amount of $66,746.79, from Foster
Fence, LTD.
E. Consideration and Possible Action - Resolution No. R2022-114 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with Halff Associates, Inc., for design services associated with
the McLean Water Production Facility Rehabilitation Project, in the
estimated amount of $155,086.00.
F. Consideration and Possible Action - Resolution No. R2022-115 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
contract for Preventative Maintenance and Repairs associated with HVAC
Systems and Ice Machines to TD Industries, in the estimated amount of
298,560.00, for the period beginning July 1, 2022, and ending June 30,
2023.
G. Consideration and Possible Action - Resolution No. R2022-117 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
vehicle repair contract with International Paint and Body of Pearland, in
the estimated amount of $175,000.00, for the period of June 15, 2022,
through June 14, 2023.
H. Consideration and Possible Action - Resolution No. R2022-118 - A
Resolution of the City Council of the City of Pearland, Texas, approving
recommendations of the Property Tax Resale Committee of Brazoria
County for the property located at County Road 564 OFF (“Property”)
through the Property Tax Resale Committee of Brazoria County.
I. Consideration and Possible Action - Resolution No. 2022-119 - A
Resolution of the City Council of the City of Pearland, Texas, rejecting any
and all bids for construction services associated with the Safe Routes To
Schools Project.
J. Surface Water Treatment Plant - Update
Councilmember Kamkar made the motion, seconded by Councilmember Barry,
to adopt Consent Agenda Items A through J with the exception of J.
AYES: Hernandez, Kamkar, Owens, Koza, Barry, Little.
NAYS: None.
The motion carried.
DocuSign Envelope ID: CEA81C70-2279-4BA4-AA01-0A7E80330E15
Pearland City Council Regular Meeting Minutes May 23, 2022
IX. MATTERS REMOVED FROM CONSENT AGENDA
I. Surface Water Treatment Plant - Update
Councilmember Kamkar removed item from consent agenda to discuss with staff
whether the project was still within budget.
Assistant Director, Skipper Jones, responded to the Councilmembers' request
stating additional time would be needed but not additional funds.
No action taken.
X. NEW BUSINESS CONTINUED
3. Consideration and Possible Action - Resolution No. R2022-116 - A
Resolution of the City Council of the City of Pearland, Texas, approving
Wind, Hail and Wind Driven Rain Insurance through McGriff Insurance
Services, in the amount of $899,010.00, for the period of May 26, 2022, to
May 25, 2023.
Councilmember Hernandez made the motion, seconded by Councilmember
Koza, to adopt Resolution No. R2022-116.
AYES: Hernandez, Kamkar, Owens, Koza, Barry, Little.
NAYS: None.
The motion carried. Resolution No. R2022-116 is adopted.
4. Consideration and Possible Action- Second and Final 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 clause, a severability clause, and a repealer clause;
providing for codification and an effective date.
Councilmember Little made the motion, seconded by Councilmember Owens to
adopt the Second and Final Reading of Ordinance 1462-3.
City Attorney, Darrin Coker, provided a staff report.
Mayor Cole called for Council discussion.
Councilmember Kamkar, made the motion, seconded by Councilmember Little
to amend the Second and Final reading of Ordinance No. 1462-3 to update the
newly added subsection (c) of Section 2-83 to state 12 months instead of 9
months that a former member of Council can enter into a contract with the City.
AYES: Koza, Kamkar, Hernandez, Little, Barry, Owens.
NAYS: None.
DocuSign Envelope ID: CEA81C70-2279-4BA4-AA01-0A7E80330E15
Pearland City Council Regular Meeting Minutes May 23, 2022
The motion carried.
Councilmember Kamkar made the motion, seconded by Councilmember
Owens, to adopt the Second and Final Reading of Ordinance 1462-3 as
amended.
AYES: Hernandez, Kamkar, Owens, Koza, Barry, Little.
NAYS: None.
The motion carried. Ordinance No. 1462-3 is adopted as amended.
5. Consideration and Possible Action – First Reading of Ordinance No. 1615
An Ordinance of the City Council of the City of Pearland, Texas, renaming
Smith Ranch Road to Country Place Parkway; dividing Trinity Bay Drive
into North Trinity Bay Drive and South Trinity Bay Drive; and dividing
Windward Bay Drive into West Windward Bay Drive and East Windward
Bay Drive; containing a savings clause, a severability clause and a
repealer clause.
Councilmember Barry made the motion, seconded by Councilmember Owens to
adopt the First Reading of Ordinance No. 1615.
City Manager Clay Pearson provided a brief introduction of the Ordinance.
Director John McDonald provided an overview of the Ordinance.
Al Johnson, 2743 Smith Ranch Road, spoke in opposition of the Ordinance.
Leah Smith Bateman, 3205 Nottingham St., spoke in opposition of the
Ordinance.
Carl Gehring, 2401 Smith Ranch Road, spoke in opposition of the Ordinance.
Scott Richard, 3314 Castlebay Court, spoke in opposition of the Ordinance.
Mayor Cole called for Council discussion.
Councilmember Barry made the motion, seconded by Councilmember Koza to
amend the Ordinance removing the renaming of Smith Ranch Road.
AYES: Koza, Kamkar, Hernandez, Little, Barry, Owens
NAYS: None.
The motion carried.
Councilmember Barry made the motion, seconded by Councilmember Koza, to
adopt First Reading of Ordinance No. 1615 as amended.
AYES: Hernandez, Kamkar, Owens, Koza, Barry, Little.
DocuSign Envelope ID: CEA81C70-2279-4BA4-AA01-0A7E80330E15
DocuSign Envelope ID: CEA81C70-2279-4BA4-AA01-0A7E80330E15
NAYS: None.
The motion carried.
6.Consideration and Possible Action -First Reading of Ordinance No. 1358-
23 -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 Owens made the motion, seconded by Councilmember Barry toadopt the First Reading of Ordinance No. 1358-23.
AYES: Hernandez, Kamkar, Owens, Koza, Barry, Little.
NAYS: None.
The motion carried.
XI.OTHER BUSINESS
There was none.
XII.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were none.
XIII.EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 8:14 p.m.
Council returned from Executive Session at 9:29 p.m.
Section 551.071-Consultation with City Attorney-Legal Consultation
Regarding Texas Commission on Environmental Quality ("TCEQ") Effluent
Rules and Regulations.
XIV.ADJOURNMENT
Mayor Cole adjourned the meeting at 9:29 p.m.
Minutes approved as submitted and/or corrected this 13th day of June 2022 ..
ATTEST:
L��W�0"E;ht��den
City Secretary
Pearland City Council Regular Meeting Minutes May 23, 2022
J.Kevin Cole
Mayor