2022-06-13 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Regular Meeting Minutes June 13, 2022
MINUTES OF A REGULAR MEETING OF THE CITY OF PEARLAND, TEXAS, HELD
ON JUNE 13, 2022 AT 6:30 PM, IN 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
Mayor J. Kevin Cole gave the Invocation and Councilmember Joseph Koza 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 Alex Kamkar
Councilmember Adrian Hernandez
Councilmember J. David Little
City Manager Clay Pearson
City Attorney Darrin Coker
City Secretary Leslie Crittenden
Councilmember Jeffrey Barry and Councilmember Woody Owens were absent.
IV. CITIZEN COMMENTS
Jimmy Davis, 5004 Colmesneil St., spoke regarding Councilmembers going to
conferences and the ethics around how it is claimed as their job.
V. PUBLIC HEARING
I. A request by Amanda & Preston Bearden, applicant and owner, for
approval of a Conditional Use Permit (CUP) to allow for Dwelling –
Industrialized Home on approximately 11.00 acres of land in the
Garden/O’Day-Mixed Use (G/O-MU)District, to wit:
Legal Description: Being all of Lot 1, Block 1 of Bearden Estates, a 2-lot
subdivision in Brazoria County, Texas, according to the map or plat
recorded in County Clerk’s File No. 2022006865 of the Plat Records of
Brazoria County, Texas.
General Location: 2336 Garden Road, Pearland, Texas.
Senior Planner Mohamed Bireima provided an overview of the Public Hearing
Request.
Applicant was in attendance for questions.
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Pearland City Council Regular Meeting Minutes June 13, 2022
Mayor Cole called for citizens comments. There were none.
Mayor Cole called for Council discussion.
VI. NEW BUSINESS
1. A Resolution of the City Council of the City of Pearland, Texas, approving
a Conditional Use Permit (CUP) for Dwelling – Industrialized Home use on
approximately 11.00 acres of land located within the Garden/O’Day-Mixed
Use (G/O-MU) District, being described as all of Lot 1, Block 1 of Bearden
Estates, a 2-lot subdivision in Brazoria County, Texas, according to the
map or plat recorded in County Clerk’s File No. 2022006865 of the Plat
Records of Brazoria County, Texas (located at 2336 Garden Road,
Pearland, Texas). Conditional Use Permit Application No CUP22-11, for
Dwelling – Industrialized Home use within the Garden/O’Day-Mixed Use
(G/O-MU) District, at the request of Amanda & Preston Bearden, applicant
and 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 Mayor Pro-Tem Carbone,
to adopt Resolution No. R2022-CUP22-11.
AYES: Hernandez, Carbone, Kamkar, Koza, Little.
NAYS: None.
The motion carried. Resolution No. R2022-CUP22-11 is adopted.
VII. CONSENT AGENDA
A. Consideration and Possible Action - Approval of minutes for City Council
Special Meeting and City Council Regular Meeting on May 23, 2022.
B. Consideration and Possible Action - Excuse the absence of Mayor Pro-
Tem Tony Carbone from the May 23, 2022, City Council Regular Meeting.
C. Consideration and Possible Action - Resolution No. R2022-123 - 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 Brazoria County, for the purchase of road
paving materials from American Materials, in the estimated amount of
$307,241.24, for the period of June 14, 2022 through April 25, 2023.
D. Consideration and Possible Action - Resolution No. R2022-125 - 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 sixteen (16) Watch-Guard Video Systems (police vehicles
and body cameras), in the amount of $167,498.20, from Motorola Solutions.
E. Consideration and Possible Action - Resolution No. R2022-126 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing
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Pearland City Council Regular Meeting Minutes June 13, 2022
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 Fire Department Radio Equipment, in the
estimated amount of $364,279.94, from Motorola Solutions, Inc.
F. Consideration and Possible Action - Resolution No. R2022-127 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
bid for quarterly preventative maintenance and repairs on standby
generators to Arcco company Services, Inc., in the estimated amount of
$161,375.00, for the period of June 30, 2022 through June 29, 2023.
G. Consideration and Possible Action - Resolution No. R2022-128 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a professional services contract for a Water and Wastewater Impact Fee
Study Update with Freese and Nichols, Inc., in the estimated amount of
$164,872.00.
H. Consideration and Possible Action - Resolution No. R2022-130 - A
Resolution of The City Council of the City of Pearland, Texas, adopting an
Amended Investment Policy, Investment Strategy and approved Brokers
in accordance with Chapter 2256 of the Government Code (“Public Funds
Investment Act”).
I. Consideration and Possible Action - Resolution No. R2022-131 - A
Resolution of the City Council of the City of Pearland, Texas, approving
and authorizing execution of a Participation Agreement and Trust
Instrument for participation in a public funds investment pool, designating
the board of trustees of the pool as an agency and instrumentality to
supervise the pool, approving investment policies of the pool, appointing
authorized representatives and designating investment officers.
J. Consideration and Possible Action - Resolution No. R2022-133 - A
Resolution of the City Council of the City of Pearland, Texas, ratifying
emergency expenditures with Magna Flow Environmental Services, for
emergency environmental clean-up from the crane truck fire, in the amount
of $91,554.74.
K. Consideration and Possible Action - Resolution No. R2022-134 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a professional services agreement with ThirdWave Corporation for
planning services associated with the five-year Technology Strategic Plan,
in the estimated amount of $110,000.00.
L. Consideration and Possible Action - Resolution No. R2022-136 - 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 drainage
improvements to roadside ditches along Garden Road, Woody Road and
Scott Street.
M. Consideration and Possible Action – Second & Final Reading of Ordinance
No. 1358-23 - An Ordinance of the City Council of the City of Pearland,
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Pearland City Council Regular Meeting Minutes June 13, 2022
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.
N. Consideration and Possible Action – Second Reading of Ordinance No.
1615 - An Ordinance of the City Council of the City of Pearland, Texas,
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 Kamkar made the motion, seconded by Councilmember
Carbone to adopt Consent Agenda Items A through N with the exception of C
and G.
AYES: Hernandez, Carbone, Kamkar, Koza, Little.
NAYS: None.
The motion carried. Resolutions A - N adopted with the exception of C and G.
VIII. MATTERS REMOVED FROM CONSENT AGENDA
C. Consideration and Possible Action - Resolution No. R2022-123 - 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 Brazoria County, for the purchase of road
paving materials from American Materials, in the estimated amount of
$307,241.24, for the period of June 14, 2022 through April 25, 2023.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember
Kamkar, to adopt Resolution No. R2022-123.
AYES: Hernandez, Carbone, Kamkar, Little.
NAYS: None.
The motion carried. Resolution No. R2022-123 is adopted.
G. Consideration and Possible Action - Resolution No. R2022-128 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a professional services contract for a Water and Wastewater Impact Fee
Study Update with Freese and Nichols, Inc., in the estimated amount of
$164,872.00.
Councilmember Hernandez made the motion, seconded by Councilmember
Little, to adopt Resolution No. R2022-128.
AYES: Hernandez, Carbone, Kamkar, Koza, Little.
NAYS: None.
The motion carried. Resolution No. R2022-128 is adopted.
IX. NEW BUSINESS CONTINUED
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Pearland City Council Regular Meeting Minutes June 13, 2022
2. Consideration and Possible Action – First and Only Reading of Ordinance
No. 1618 - An Ordinance of the City Council of the City of Pearland, Texas,
authorizing the issuance of City of Pearland, Texas Certificates of
Obligation, Series 2022A; prescribing the terms thereof; providing for the
payment thereof; awarding the sale thereof; making other provisions
regarding such certificates and matters incident thereto; and declaring an
emergency.
Moved to the June 27, 2022 meeting.
3. Consideration and Possible Action – First and Only Reading of Ordinance
No. 1617 - An Ordinance of the City Council of the City of Pearland, Texas,
authorizing the issuance of City of Pearland, Texas Certificates of
Obligation, Series 2022B; prescribing the terms thereof; providing for the
payment thereof; awarding the sale thereof; making other provisions
regarding such certificates and matters incident thereto; and declaring an
emergency.
Moved to the June 27, 2022 meeting.
4. Consideration and Possible Action – First and Only Reading of Ordinance
No. 1616 - An Ordinance of the City Council of the City of Pearland, Texas,
authorizing the issuance of City of Pearland, Texas Certificates of
Obligation, series 2022C; prescribing the terms thereof; providing for the
payment thereof; awarding the sale thereof; making other provisions
regarding such certificates and matters incident thereto; and declaring an
emergency.
Moved to the June 27, 2022 meeting.
5. Consideration and Possible Action - Resolution No. R2022-129 - A
Resolution granting the consent of the City Council of the City of Pearland,
Texas, consenting to the annexation of approximately 110.101 acres, (SH
35 at Bailey Drive), into Harris-Brazoria Counties Municipal Utility District
No. 509.
Councilmember Little made the motion, seconded by Mayor Pro-Tem Carbone,
to adopt Resolution No. R2022-129.
AYES: Hernandez, Carbone, Kamkar, Koza, Little.
NAYS: None.
The motion carried. Resolution No. R2022-129 is adopted.
6. Consideration and Possible Action - Resolution No. R2022-124 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract associated with the Garden Acres Road
Repair Project, to Tandem Services, in the amount of $807,810.00.
Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone
to adopt Resolution No. R2022-124.
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Pearland City Council Regular Meeting Minutes June 13, 2022
AYES: Hernandez, Carbone, Kamkar, Koza, Little.
NAYS: None.
The motion carried. Resolution No. R2022-124 is adopted.
7. Consideration and Possible Action - Resolution No. R2022-135 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a professional services agreement with Garver, LLC for project
management services, in the estimated amount of $1,047,800.00.
Councilmember Kamkar made the motion, seconded by Councilmember Little
to postpone Resolution No. R2022-135 until the June 27, 2022 City Council
Meeting.
AYES: Hernandez, Carbone, Kamkar, Koza, Little.
NAYS: None.
The motion carried. Resolution No. R2022-135 is postponed.
Item was postponed because the number of personnel hours were not in the
best interest of the taxpayers.
8. Consideration and Possible Action- First Reading of Ordinance No. 1462-
4 - An ordinance of the City Council of the City of Pearland, Texas,
amending Article 5, Chapter 2, Ethics of the City of Pearland Code of
Ordinances as it applies to members of Council; having a savings clause,
a severability clause, and a repealer clause; providing for codification and
an effective date.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Little
to adopt the First Reading of Ordinance No. 1462-4.
AYES: Hernandez, Carbone, Kamkar, Little.
NAYS: Koza.
The motion carried.
9. Consideration and Possible Action – First Reading of Ordinance No. 1605-
6 - An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 1605-5, 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 Hernandez made the motion, seconded by Councilmember
Little to adopt the First Reading of Ordinance No. 1605-6.
AYES: Hernandez, Carbone, Kamkar, Koza, Little.
NAYS: None.
The motion carried.
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Pearland City Council Regular Meeting Minutes June 13, 2022
X. OTHER BUSINESS
XI. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
10. Council discussion regarding options for transitioning from the adopted
32/30 water billing plan to a true-up payment plan or other options, with
the intent to end the 32/30 billing plan.
Mayor Cole moved this discussion item to June 27, 2022, City Council Regular
Meeting.
XII. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 7:45 p.m.
Council returned from Executive Session at 8:15 p.m.
Executive Session 551.074 - Personnel Matters - Regarding the
appointment, employment, and duties of a Municipal Court Prosecutor.
XIII. NEW BUSINESS CONTINUED
11. Consideration and Possible Action - Regarding the appointment,
employment, and duties of a Municipal Court Prosecutor.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Little
regarding the appointment, employment, and duties of a Municipal Court
Prosecutor.
AYES: Hernandez, Carbone, Kamkar, Koza, Little.
NAYS: None.
The motion carried.
XIV. ADJOURNMENT
Mayor Cole adjourned the meeting at 8:17 p.m.
Minutes approved as submitted and/or corrected this the 27th day of June 2022.
J. Kevin Cole
Mayor
ATTEST:
Leslie Crittenden
City Secretary
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