2022-07-11 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Minutes July 11, 2022
MINUTES OF A CITY COUNCIL MEETING OF THE CITY OF PEARLAND, TEXAS,
HELD ON JULY 11, 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
Mayor Pro-Tem Tony Carbone gave the Invocation and Councilmember Adrian
Hernandez led the Pledge of Allegiance to the United States of America Flag and the
Texas Flag.
III. ROLL CALL AND CERTIFICATION OF QUORUM
PRESENT
Mayor J. Kevin Cole
Mayor Pro-Tem Tony Carbone
Councilmember Joseph Koza
Councilmember Adrian Hernandez
Councilmember Layni Cade
Councilmember Jeffrey Barry
Councilmember Woody Owens
City Manager Clay Pearson
City Attorney Darrin Coker
Deputy City Secretary Tia Moore
Councilmember Alex Kamkar was absent.
IV. CITIZEN COMMENTS
Ted Kalivoda, 11506 Starlight Bay Court, addressed Council regarding the irrigation
system at Hickory Park.
V. PUBLIC HEARING NO. 1
Public Hearing: A request by Anup Pande, applicant, on behalf of Hillhouse
Holdings, owner, for approval of a zone change for approximately 4.8787
acres of land from Neighborhood Service (NS) District to Single-family
Residential-4 (R-4) District, to wit:
Legal Description: Being a tract of land containing 4.8787 acres (212,517
square feet), situated in the H.T.&B. Railroad Company Survey, Abstract
No. 506, Brazoria County, Texas, being the south ½ half of Lot 29 of the
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Allison-Richey Gulf COAST Home Company Survey of Section 20, as
recorded in Volume 2, Page 23 of the Plat Records of Brazoria County,
Texas.
General Location: 2700 Block of Hillhouse Road, Pearland, Texas.
Anup Pande, applicant, on behalf of Hillhouse Holdings, was present and
answered questions from Council.
Andrea Holmes, 8814 Sun Haven Lane, addressed Council stating her concerns
about the zone change for Public Hearing No. 1
VI. NEW BUSINESS
1. Consideration and Possible Action - First Reading of Ordinance No.
2000M-226 - 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 a tract of land containing 4.8787 acres (212,517 square
feet), situated in the H.T.&B. Railroad Company Survey, Abstract No. 506,
Brazoria County, Texas, being the south ½ half of Lot 29 of the Allison-
Richey Gulf COAST Home Company Survey of Section 20, as recorded in
Volume 2, Page 23 of the Plat Records of Brazoria County, Texas (located
at 2700 Block of Hillhouse Road, Pearland, Texas). Zone Change
Application No. ZONE 22-08, a request by Anup Pande, applicant, on behalf
of Hillhouse Holdings, owner, for approval of a zone change for
approximately 4.8787 acres of land from Neighborhood Service (NS)
District to Single-family Residential-4 (R-4) District; 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 Koza made the motion, seconded by Councilmember Cade to
approve the First Reading of Ordinance No. 2000M-226.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
VII. PUBLIC HEARING NO. 2
Public Hearing: A request by MSJ Business Group, LLC., applicant, on
behalf of Shadow Creek Investors, owner, for approval of a Conditional
Use Permit (CUP) to allow for the expansion of an existing Liquor Store
use on approximately 6.944 acres of land within the Strouhal/Kroger
Planned Development (PD), to wit:
Legal Description: All of Lot A, in the Amending Plat of Shadow Creek
Marketplace, a 49.279-acre subdivision of land in the City of Pearland,
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Texas, according to the plat recorded under County Clerk’s File No.
2008001974 in the Plat Records of Brazoria County, Texas.
General Location: 11041 Shadow Creek Parkway, Pearland, Texas.
Thomas Stephen, applicant, Big Bottle Liquor Store was present and answered
questions from the Council.
No public comments were made.
VIII. NEW BUSINESS
2. Consideration and Possible Action - Resolution No. R2022-CUP22-18 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for the expansion of a liquor store within the
Strouhal/Kroger Planned Development (PD), on approximately 6.944 acres
of land, being described as Lot A, in the Amending Plat of Shadow Creek
Marketplace, a 49.279-acre subdivision of land in the City of Pearland,
Texas, according to the plat recorded under County Clerk’s File No.
2008001974 in the Plat Records of Brazoria County, Texas(located at 11041
Shadow Creek Parkway). Conditional Use Permit Application No CUP22-
18, for expansion of a liquor store within the Strouhal/Kroger Planned
Development (PD), at the request of MSJ Business Group, LLC., applicant,
on behalf of Shadow Creek Investors, owner, containing a savings clause,
a severability clause, and an effective date and other provisions related to
the subject.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember
Hernandez to adopt Resolution No. R2022-CUP22-18.
AYES: Carbone, Koza, Hernandez, and Barry.
NAYS: Cade and Owens.
The motion carried.
IX. PUBLIC HEARING NO. 3
Public Hearing: A request by Lisa M. Dobrowski-Shetye, Windrose
Services, applicant, on behalf of Gold Knight Holdings, L.P., owner, for
approval of a Conditional Use Permit (CUP) for Manufacturing, Fabrication,
Processing and Assembly - Other use on approximately 24.851 acres of
land within the Mixed-Use Science/ Technology District of Clear Creek
Spectrum Planned Development, to wit:
Legal Description: A tract or parcel containing 24.851 acres or 1,082,500
square feet of land, situated in the D. White Survey, Abstract No. 876,
Harris County, Texas, being part of and out of Lots 23 ½, 24, 24 ½, 25, 25
½, 26, and 26 ½ of the Allison-Richey Gulf Coast Home Company
Subdivision, Map or Plat thereof recorded under Volume 3, Page 40 of
Harris Cunty Map Records, and being part of and out of a called 42.689
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acre tract of land conveyed to Gold Knight Holdings, L.P. as recorded
under Harris County Clerk’s File No. Z027793.
General Location: Northeast Corner of Kirby Drive and North Spectrum
Boulevard.
Lisa M. Dobrowski-Shetye, Windrose Services, applicant, Gold Knight Holdings,
L.P. was present to answer any questions.
Robert Farney, Engineer, PRD Land Development, was present to answer any
questions.
Greg Andrews, Owner, was present to answer any questions.
Jeff Kappel, 3622 Willow Springs, was present to answer any technical
questions or wastewater.
Perry Seeburger, 2555 Central Parkway, Seeberger Architecture was present to
answer any questions.
Denise Hewitt, 3404 Blue Spruce Trail, addressed the Council stating her
concerns about the wastewater disposal.
Matt Stevens, 3607 Skyline Drive, stated his concerns about the water
treatment, chemical vapor release, and access during/after construction for this
project.
Joe Lovell, 2805 Sheawood Lane, stating that he is in favor of this project.
X. NEW BUSINESS
3. Consideration and Possible Action - Resolution No. R2022-CUP22-14 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Manufacturing, Fabrication, Processing
and Assembly - Other use within the Mixed-Use Science/ Technology
District of Clear Creek Spectrum Planned Development, on approximately
24.851 acres of land, being described as tract or parcel containing 24.851
acres or 1,082,500 square feet of land, situated in the D. White Survey,
Abstract No. 876, Harris County, Texas, being part of and out of Lots 23 ½,
24, 24 ½, 25, 25 ½, 26, and 26 ½ of the Allison-Richey Gulf Coast Home
Company Subdivision, Map or Plat thereof recorded under Volume 3, Page
40 of Harris County Map Records, and being part of and out of a called
42.689 acre tract of land conveyed to Gold Knight Holdings, L.P. as
recorded under Harris County Clerk’s File No. Z027793(located at the
northeast Corner of Kirby Drive and North Spectrum Boulevard).
Conditional Use Permit Application No CUP22-14, for Manufacturing,
Fabrication, Processing and Assembly - Other use within the Mixed-Use
Science/ Technology District of Clear Creek Spectrum Planned
Development, at the request of Lisa M. Dobrowski-Shetye, Windrose
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Services, applicant, on behalf of Gold Knight Holdings, L.P., owner,
containing a savings clause, a severability clause, and an effective date
and other provisions related to the subject.
Councilmember Hernandez made the motion, seconded by Mayor Pro-Tem
Carbone to approve Resolution No. R2022-CUP22-14.
Councilmember Hernandez made the motion, seconded by Mayor Pro-Tem
Carbone to amend with the following conditions:
1. All the buildings on the subject property shall be developed in same
manner and substantial conformance to the renderings submitted by the
Applicant.
2. Additional vegetative screening located within a minimum 8' landscape
buffer shall be provided along the east and north property lines. The
vegetative screen shall consist of a continuous hedgerow of evergreen
shrubs 6' high at maturity and a minimum 2" caliper shade trees every
30 lineal feet of the north and east property lines.
3. Any proposed outside storage area shall be screen from view adjacent
streets and adjoining properties by a masonry screen wall matching the
exterior of the buildings and up to the height of the items to be screened.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
Councilmember Hernandez made the motion, seconded by Mayor Pro-Tem
Carbone to approve Resolution No. R2022-CUP22-14, as amended.
AYES: Carbone, Koza, Cade, Barry, and Owens.
NAYS: Hernandez.
The motion carried.
XI. PUBLIC HEARING NO. 4
Public Hearing: A request by Duplantis Design Group, PC, represented by
Tyler Eaton, applicant, on behalf of BW Shadow Creek LLC., owner, for
approval of a Conditional Use Permit (CUP) for Auto Repair (Minor) use on
approximately 0.7308 acres of land within the Commercial District of the
Shadow Creek Ranch Planned Unit Development (PUD), to wit:
Legal Description: A tract containing 0.7308 acres of land, situated in the
J.W. Maxcy Survey, Abstract No. 675, Brazoria County, Texas, being a
residue of lot “D” conveyed to BW Shadow Creek, LLC. as recorded under
Brazoria County Clerk’s File (B.C.C.F.) No. 2017042317, also being out of
Lot “D”, Shadow Creek Ranch Commercial Site No. 18B, map or plat
thereof as recorded under Brazoria County Plat Records (B.C.P.R.) No.
2007035195.
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General Location: 11219 Shadow Creek Parkway, Pearland, Texas.
Andy Golden, Express Oil Change, 1880 Southpark Dr., was present to answer
any questions from the Council.
Tyler Eaton, applicant, Duplantis Design Group, was present to answer any
questions from the Council.
No comments were made from the citizens.
XII. NEW BUSINESS
4. Consideration and Possible Action - Resolution No. R2022-CUP22-15 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Auto Repair (Minor) use within the
Commercial District of the Shadow Creek Ranch Planned Unit
Development (PUD), on approximately 0.7308 acres of land, being
described as a tract containing 0.7308 acres of land, situated in the J.W.
Maxcy Survey, Abstract No. 675, Brazoria County, Texas, being a residue
of lot “D” conveyed to BW Shadow Creek, LLC. as recorded under Brazoria
County Clerk’s File (B.C.C.F.) No. 2017042317, also being out of Lot “D”,
Shadow Creek Ranch Commercial Site No. 18B, map or plat thereof as
recorded under Brazoria County Plat Records (B.C.P.R.) No.
2007035195(located at 11219 Shadow Creek Parkway, Pearland, Texas).
Conditional Use Permit Application No CUP22-15, forAuto Repair (Minor)
use within the Commercial District of the Shadow Creek Ranch Planned
Unit Development (PUD), at the request of Duplantis Design Group, PC,
represented by Tyler Eaton, applicant, on behalf of BW Shadow Creek
LLC., owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
Councilmember Cade made the motion, seconded by Councilmember
Hernandez to approve Resolution No. R2022-CUP22-15.
Councilmember Cade made the motion, seconded by Councilmember
Hernandez to amend with the following conditions:
1. Large shade trees shall be planted along the west and east property lines
to screen adjacent properties from the service bays and back of building.
Large shade trees shall be provided with the total caliper inches to equal
one inch (1’’) for each (15’) of the lot length/width with a minimum planting
of 2-inches (2’’).
2. A continuous evergreen hedgerow with height, not to exceed four (4)
feet shall be provided along the north property line, where permitted
outside of the pipeline easement, and west property line to screen the
view of service bays from adjacent properties, subject to written
confirmation from the easement holder, prior to the issuance of building
permits and if that is not received, the condition is no longer a condition
of the CUP.
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AYES: Carbone, Koza, Hernandez, Cade, Barry, Owens.
NAYS: None.
The motion carried.
Councilmember Cade made the motion, seconded by Councilmember
Hernandez to approve Resolution No. R2022-CUP22-15, as amended.
AYES: Carbone, Koza, Hernandez, Cade, Barry, Owens.
NAYS: None.
The motion carried.
XIII. CONSENT AGENDA
A. Consideration and Possible Action - Approval of minutes for the City
Council Special Meetings and the City Council and Planning & Zoning
Joint Development Workshop on June 20, 2022. The City Council Special
Meeting and the City Council Regular Meeting on June 27, 2022.
B. Consideration and Possible Action - Resolution No. R2022-147 - A
Resolution of the City Council of the City of Pearland, Texas, rejecting any
and all bids for construction services associated with the Fire Stations No.
2 and No. 3 Repair Projects.
C. Consideration and Possible Action - Resolution No. R2022-148 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit supply contract, through an interlocal pricing arrangement with the
SAVVIK Buying Group Cooperative for the purchase of Fire Department
medical supplies, to Stryker, in the estimated amount of $74,965.66.
D. Consideration and Possible Action - Resolution No. R2022-149 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate in the SAVVIK Buying
Group Cooperative for the purchase of defibrillators and EKG/CPR
expansion packs, from Zoll Medical Cooperation, in the estimated amount
of $106,317.66.
E. Consideration and Possible Action - Resolution No. R2022-150 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate in the Sourcewell
Cooperative purchasing program for the purchase of replacement fire
bunker gear, from Municipal Emergency Services, in the estimated amount
of $240,000.00.
F. Consideration and Possible Action - Resolution No. R2022-152 - A
Resolution of the City Council of the City of Pearland, Texas renewing an
audit services contract, with FORVIS, LLP (formerly BKD, LLP), in the
amount of $129,030.00.
G. Consideration and Possible Action - Resolution No. R2022-156 - A
Resolution of the City Council of the City of Pearland, Texas, ratifying
expenditures with Change Healthcare Technology Enabled Services, LLC.,
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for fees associated with participation in the Texas Ambulance
Supplemental Payment Program, in the amount of $99,564.06.
Councilmember Barry made the motion, seconded by Councilmember Owens to
adopt Consent Agenda items A through G.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
XIV. NEW BUSINESS CONTINUED
5. Citizens Drainage Bond Advisory Committee update to the Council by
Committee Chair Mr. Seth Thompson.
JW Washington, 2903 Amber Hill Trail, addressed the Council about his
concerns regarding the Citizens Drainage Bond Proposal.
6. Consideration and Possible Action- Second and Final 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.
Councilmember Owens made the motion, seconded by Councilmember Cade to
approve Ordinance No. 1462-4.
Councilmember Koza made the motion, seconded by Councilmember Barry to
amend the Ordinance to read:
“The City Council shall not authorize a contract with a member of City Council
or a former member of City Council, described by this section, or a business
entity in which a member of City Council or a former member of City Council has
a substantial interest, unless:
1. The member of City Council with a substantial interest complies with
state and local regulations requiring the filing of disclosure affidavit(s)
stating that the nature and extent of the councilmember’s interest in this
matter; the councilmember abstains from the participation and
discussion and any vote on the matter; and
2. The City Council makes an affirmative finding that the authorization of
this contract is in the financial best interest of the City; and
3. The contract is approved by the affirmative vote of no less that three-
fourths of the council members present.”
AYES: Carbone, Koza, Barry, and Owens.
NAYS: Cade, Hernandez.
The motion carried.
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Councilmember Owens made the motion, seconded by Councilmember Cade to
approve Ordinance No. 1462-4, as amended.
AYES: Cole, Carbone, Koza, and Barry.
NAYS: Hernandez, Cade, and Owens.
The motion carried.
7. Consideration and Possible Action - 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.
Councilmember Koza made the motion, seconded by Councilmember Barry to
approve.
Councilmember Koza made the motion, seconded by Councilmember Barry to
approve using Option 1, as presented below:
AYES: Carbone, Koza, Cade, Barry, and Owens.
NAYS: Hernandez.
The motion carried.
Councilmember Koza made the motion, seconded by Councilmember Barry to
approve, as amended.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
8. Consideration and Possible Action – First Reading of Ordinance No. 1358-
24 - 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.
No action taken due to New Business Item No. 6 passing.
9. Council Discussion and Input – Discussion and input regarding the City’s
16th Community Development Block Grant (CDBG) Program – FY 2023
Annual Action Plan, as part of its FY 2013-2027 CDBG 5-Year Consolidated
Plan (HUD Program Years 2022 - 2026).
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Grants/Special Projects Administrator, Joel Hardy, presented the annual action
plan of CDBG Program.
10. Consideration and Possible Action - Resolution No. R2022-145 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
bid for construction services associated with the Intersection
Improvement Project (Broadway at Dixie Farm Road), in the estimated
amount of $729,486.00, to SAPO Engineering Consultants, LLC.
Councilmember Hernandez made the motion, seconded by Mayor Pro-Tem
Carbone to adopt Resolution No. R2022-145.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
11. Consideration and Possible Action - Resolution No. R2022-146 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
supply contract for street and sidewalk maintenance, with Greenscapes
Six, LLC, in the estimated amount of $932,520.00, for the period of July 13,
2022 through July 12, 2023.
Councilmember Cade made the motion, seconded by Councilmember
Hernandez to adopt Resolution No. R2022-146.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
12. Consideration and Possible Action - Resolution No. R2022-151 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
design build contract for the Parks Equipment Recapitalization Irrigation
Project (Phase II Construction Services), with Landscape Art, Inc., in the
Guaranteed Maximum Price of $832,734.61.
Councilmember Barry made the motion, seconded by Councilmember
Hernandez to adopt Resolution No. R2022-151.
AYES: Carbone, Koza, Hernandez, Cade, Barry, ad Owens.
NAYS: None.
The motion carried.
13. Consideration and Possible Action - Resolution No. R2022-154 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the power of eminent domain to acquire fee title to certain for property
drainage improvements; being a 4.3899 acre tract of land, being out of that
called 15.301-acre tract of land described in Deed recorded under File No.
H174596 Deed Records of Harris County, Texas, situated in the S.G. Haynie
Survey, Abstract No. 362, Harris County, Texas for the construction and
maintenance of public drainage improvements on certain real property
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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 Cade to
adopt Resolution No. R2022-154.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
XV. MATTERS REMOVED FROM CONSENT AGENDA
There were none.
XVI. OTHER BUSINESS
There were none.
XVII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were none.
XVIII. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 9:37 p.m.
Section 551.074 - Personnel Matters - Regarding the appointment of
Associate Municipal Court Judges.
Conducted
Section 551.074- Personnel Matters - Regarding City Boards and
Commissions.
Conducted
Council returned from Executive Session at 10:07 p.m.
XIX. NEW BUSINESS CONTINUED
14. Consideration and Possible Action - Regarding the appointment of
Associate Municipal Court Judges.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Cade
to appoint Associate Municipal Court Judges.
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AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
15.Consideration and Possible Action - Regarding appointments to the
Boards and Commissions.
No action taken.
XX.ADJOURNMENT
Mayor Cole adjourned the meeting at 10:08 p.m.
Minutes approved as submitted and/or corrected this the 21st day of July 2022.
J.Kevin Cole
Mayor
ATTEST:
Frances Aguilar, TRMC, MMC
City Secretary
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