2022-08-22 CITY COUNCIL REGULAR MEETING AGENDA - BUDGET
Pearland City Council Minutes August 22, 2022
MINUTES OF A CITY COUNCIL REGULAR MEETING AND BUDGET DISCUSSION #2
OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 22, 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 Carbone gave the Invocation and Councilmember 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 Layni Cade
Councilmember Jeffrey Barry
Councilmember Woody Owens
City Manager Clay Pearson
City Attorney Darrin Coker
City Secretary Frances Aguilar
All members were present.
IV. CITIZEN COMMENTS
Charles McMurrey, 5209 Spring Branch Drive, stated his concerns about the homestead
tax rate needing an increase.
Paul Eskine, 3516 East Orange Street, stated his concerns about the Charter Review
Commission and about Budget fees increasing.
V. PUBLIC HEARING NO. 1
1. Public Hearing: A request by Adkisson GC Partners, LLC, represented by
Anthony Sarao, applicant, on behalf of Hooper Partner Investment, LP,
owner, for approval of a zone change for approximately 8.834 acres of land
from Spectrum (S-1) District to Planned Development (PD) District, to wit:
Legal Description: A tract or parcel containing 8.834 acres or 384,808
square feet of land being out of and a part of the remainder of a called
36.166-acre tract described in a deed to SHT/Kirby, Ltd., as recorded under
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Harris County Clerk’s File No. 20080049996 situated in the D. White Survey,
Abstract No. 876, Harris County, Texas.
General Location: Southwest Corner of Hooper Road and Sam Houston
Tollway.
Mayor Cole opened the public hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
A representative from Hooper Partner Investment, LP was present to answer
questions from the council.
Mayor Cole closed the public hearing.
VI. NEW BUSINESS
1. Consideration and Possible Action - First Reading of Ordinance No.
2000M-231 - 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 or parcel containing 8.834 acres or 384,808 square
feet of land being out of and a part of the remainder of a called 36.166-acre
tract described in a deed to SHT/Kirby, Ltd., as recorded under Harris
County Clerk’s File No. 20080049996 situated in the D. White Survey,
Abstract No. 876, Harris County, Texas(located at the southwest corner of
Hooper Road and Sam Houston Tollway). Zone Change Application No.
ZONE 22 -17, a request by Adkisson GC Partners, LLC, represented by
Anthony Sarao, applicant, on behalf of Hooper Partner Investment, LP,
owner, for approval of a zone change for approximately 8.834 acres of land
from Spectrum (S-1) District to Planned Development (PD) 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 Owens made the motion, seconded by Mayor Pro-Tem
Carbone to approve the first reading of Ordinance No 2000M-231.
AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade.
NAYS: None.
The motion carried.
VII. PUBLIC HEARING NO. 2
2. Public Hearing: A request by Scott Mommer Consulting, represented by
Cassie Permenter, applicant, on behalf of HD Development Properties LB,
owner, for approval of a Conditional Use Permit (CUP) for Outside Storage
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use on approximately 9.8857 acres of land within the General Commercial
(GC) District, to wit:
Legal Description: A 9.8857-acre tract of land, also being the remainder of
Reserve A, Block 1 of Final Plat Home Depot U.S.A., Inc. Subdivision, a
subdivision in Brazoria County, Texas, according to the map or plat
recorded in Volume 21, Pages 77 & 78 of the Map Records of Brazoria
County, Texas.
General Location: 1514 Broadway Street, Pearland, Texas.
Mayor Cole opened the public hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
The applicant was not able to be in attendance due to a canceled flight.
Anthony Giuliani, 3205 Dixie Farm Road, owner of the property next to the Home
Depot stated if the two properties can have a shared driveway.
Mayor Cole closed the public hearing.
VIII. NEW BUSINESS
2. Consideration and Possible Action - Resolution No. R2022-CUP 22-16 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Outside Storage use within the General
Commercial (GC) District, on approximately 9.8857 acres of land, being
described as a 9.8857-acre tract of land, also being the remainder of
Reserve A, Block 1 of Final Plat Home Depot U.S.A., Inc. Subdivision, a
subdivision in Brazoria County, Texas, according to the map or plat
recorded in Volume 21, Pages 77 & 78 of the Map Records of Brazoria
County, Texas(located at 1514 Broadway Street, Pearland, TX). Conditional
Use Permit Application No CUP22-16, for Outside Storage use within the
General Commercial (GC) District, at the request of Scott Mommer
Consulting, represented by Cassie Permenter, applicant, on behalf of HD
Development Properties LB, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to
the subject.
Councilmember Barry made the motion, seconded by Councilmember Owens
to approve Resolution No. R2022-CUP 22-16 to amend with the following
conditions:
1. Screening of the proposed storage areas along Dixie Farm Road shall be
provided by the landscape screen consisting of 6' high evergreen shrubs at
36" apart within the existing landscape buffer as depicted on attached
Exbibit.
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2. No improvements shall be constructed to block cross access to the
adjoining property to the south.
AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade.
NAYS: None.
The motion carried.
IX. PUBLIC HEARING NO. 3
3. Public Hearing: A request by Scott Mommer Consulting, represented by
Cassie Permenter, applicant, on behalf of HD Development Properties LB,
owner, for approval of a Conditional Use Permit (CUP) for Outside Storage
use on approximately 12.917 acres of land within the General Commercial
(GC) District, to wit:
Legal Description: All that certain 16.67 acres of land, out of Lot 30, Allison
Richey Gulf Coast Home Company of Suburban Gardens, Section 85,
according to the Plat recorded under Volume 2, Page 107, in the Plat
Records of Brazoria County, Texas, in the H.T. & B.R.R. Company Survey,
Abstract No. 304, Brazoria County, Texas, less and except, Lot 1, Block 1
and Lots 1 & 2, Block 2 of Silverlake Center, being a subdivision of 3.753
acres of land according to the plat recorded in Volume 24, Page 22 of the
Plat Records of Brazoria County, Texas.
General Location: 10111 Broadway Street, Pearland, Texas.
Mayor Cole opened the public hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
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The applicant was not able to be in attendance due to a canceled flight.
Mayor Cole closed the public hearing.
X. NEW BUSINESS
3. Consideration and Possible Action - Resolution No. R2022-CUP 22-17 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Outside Storage use within the General
Commercial (GC) District, on approximately 12.917 acres of land, being
described as 16.67 acres of land, out of Lot 30, Allison Richey Gulf Coast
Home Company of Suburban Gardens, Section 85, according to the Plat
recorded under Volume 2, Page 107, in the Plat Records of Brazoria
County, Texas, in the H.T. & B.R.R. Company Survey, Abstract No. 304,
Brazoria County, Texas, less and except, Lot 1, Block 1 and Lots 1 & 2,
Block 2 of Silverlake Center, being a subdivision of 3.753 acres of land
according to the plat recorded in Volume 24, Page 22 of the Plat Records
of Brazoria County, Texas (located at 10111 Broadway Street, Pearland,
TX). Conditional Use Permit Application No CUP22-17, for Outside Storage
use within the General Commercial (GC) District, at the request of Scott
Mommer Consulting, represented by Cassie Permenter, applicant, on
behalf of HD Development Properties LB, owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
Councilmember Barry made the motion, seconded by Councilmember Owens to
approve Resolution No. R2022-CUP 22-17 with the addition of staff conditions:
1. Screening of the proposed shed and trailer display areas from view of
Wooten Road shall be provided by the landscape screen consisting of 6'
high evergreen shrubs at 36" apart within the existing landscape buffer
as depicted on attached Exbibit.
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AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade.
NAYS: None.
The motion carried.
XI. PUBLIC HEARING NO. 4
4. Public Hearing: A request by Auri Jalili, Top Soap Express Carwash,
applicant, on behalf of Dean A. HrBacek, owner, for approval of a
Conditional Use Permit (CUP) for Auto Wash use on approximately 2.00
acres of land within the General Business (GB) District, to wit:
Legal Description: A 2.261 acres (98,491 square feet) tract of land, being
all of a called 2.00 acres tract, as described in Brazoria County Clerk File
NO. 1974014750, the West ½ of Lot 48 of the Allison Richey Gulf Coast
Home Company Subdivision, Section 19, H.T & B.R.R. Company Survey,
Abstract 243, Brazoria County, Texas.
General Location: 8013 Broadway Street, Pearland, TX.
Mayor Cole opened the public hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
Auri Jalili, on behalf of Top Soap Express Carwash, gave a presentation and
answered questions from the council.
Mayor Cole closed the public hearing.
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XII. NEW BUSINESS
4. Consideration and Possible Action - Resolution No. R2022-CUP 22-19 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Auto Wash use within the General
Business (GB) District, on approximately 2.00 acres of land, being
described as 2.261 acres (98,491 square feet) tract of land, being all of a
called 2.00 acres tract, as described in Brazoria County Clerk File NO.
1974014750, the West ½ of Lot 48 of the Allison Richey Gulf Coast Home
Company Subdivision, Section 19, H.T & B.R.R. Company Survey, Abstract
243, Brazoria County, Texas (located at 8013 Broadway Street, Pearland,
TX). Conditional Use Permit Application No CUP22-19, for Auto Wash use
within the General Business (GB) District, at the request of Auri Jalili, Top
Soap Express Carwash, applicant, on behalf of Dean A. HrBacek, 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 Mayor Pro-Tem Carbone to
approve Resolution No. R2022-CUP22-19 to amend with the following conditions:
1. The proposed carwash shall be developed with substantial conformance to
the building materials shown on the applicant's Building Elevations Exhibits.
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2. The east and west property lines shall be screened with a minimum of 36"
continuous hedgerow of evergreen shrubs to screen the view of the carwash
operations from adjacent properties.
Councilmember Kamkar made the motion, seconded by Councilmember Hernandez
to amend Resolution No. R2022-CUP 22-19 and add the following requirement:
"Enhance the screening from 20% to 50% of vegetation along Broadway Street."
AYES: Kamkar and Hernandez.
NAYS: Carbone, Koza, Barry, Owens, and Cade.
The motion failed.
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Councilmember Cade made the motion, seconded by Mayor Pro-Tem Carbone,
to approve Resolution No. R2022-CUP22-19 to amend with the following
conditions:
1. The proposed carwash shall be developed with substantial conformance
to the building materials shown on the applicant's Building Elevations
Exhibits.
2. The east and west property lines shall be screened with a minimum of
36" continuous hedgerow of evergreen shrubs to screen the view of the
carwash operations from adjacent properties.
AYES: Carbone, Koza, Barry, Owens, and Cade.
NAYS: Kamkar and Hernandez.
The motion carried.
XIII. CONSENT AGENDA
A. Consideration and Possible Action - Approval of minutes for the City
Council Special Meeting held on August 8, 2022, City Council Workshop
Meeting held on August 8, 2022, City Council Regular Meeting held on
August 8, 2022; and City Council Workshop Meeting - Budget Discussion
#1 held on August 13, 2022.
B. Consideration and Possible Action - Resolution No. R2022-159 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
unit cost contract for property acquisition and relocation services with
Right-of-Way Solutions LLC.
C. Item C was pulled for discussion.
D. Consideration and Possible Action - Resolution No. R2022-169 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Change Order No.2 with TB Concrete Construction, in the amount of
$116,580.00, associated with the Shadow Creek Ranch Sidewalk Extension
Project.
E. Consideration and Possible Action - Resolution No. R2022-175 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter a First Amended Utility
Agreement with Brazoria County Municipal Utility District No. 69.
F. Consideration and Possible Action - Resolution No. R2022-176 - A
Resolution granting the consent of the City Council of the City of Pearland,
Texas, consenting to the annexation of approximately 49.654 acres, (CR
100 at Harkey Road), into Brazoria County Municipal Utility District No. 69.
G. Consideration and Possible Action - Resolution No. R2022-181 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
contract for construction materials testing services with GeoTech
Engineering and Testing, in the additional amount of $12,475.00 (total
amount of $58,886.67), for services associated with the Sleepy Hollow
Street, Waterline and Sanitary Sewer Rehabilitation Project.
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H. Consideration and Possible Action - Resolution No. R2022-185 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
participation in an interlocal agreement with City of Plano for the purchase
of utility bill printing and mailing services from DataProse, in the estimated
amount of $300,000.00, for the period of September 17, 2022 through
September 16, 2023.
I. Item I was pulled for discussion.
J. Item J was pulled for discussion.
K. Consideration and Possible Action - Resolution No. R2022-192 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a financial naming rights
agreement with the Vaidya Foundation for the naming of the West Pearland
Library Study Room No. 215.
L. Consideration and Possible Action - Resolution No. R2022-193 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a financial naming rights
agreement with Carol Krenzke, Donna Smith, and Marsha Campbell
collectively, for the naming of the West Pearland Library Study Room No.
212.
Councilmember Hernandez made the motion, seconded by Councilmember
Barry to adopt the Consent Agenda Items A through L, excluding items C, I, and
J.
AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade.
NAYS: None.
The motion carried.
XIV. NEW BUSINESS CONTINUED
5. Consideration and Possible Action - First Reading of Ordinance No.
2000M-230 - 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 9.747-acre tract of land situated in the H.T. & B. R.R. Co.
Survey, Abstract No. 243, City of Pearland, Brazoria County, Texas, being
a portion of a called 4.999 acre tract of land described in an instrument to
Allison Investments, Inc. recorded under Brazoria County Clerks’ Fil No.
99057945, and a portion of a called 4.999 acre tract of land as described in
an instrument to Allison Investments, Inc. recorded under Brazoria county
Clerk’s File No. 91896452, same as being out of Lot 3, Section 19 of Allison-
Richey Gulf Coast Home Company’s Part of Suburban Gardens
subdivision as recorded under Volume 2, Page 23 of the Brazoria County
Map Records (located at 1855 Cullen Parkway, Pearland, Texas). Zone
Change Application No. ZONE 22-16, a request by Nathan Do, applicant,
on behalf of VNDO Holdings LLC, owner, for approval of a zone change for
approximately 9.747 acres of land from Cullen Mixed Use (C-MU) District
to General Commercial (GC); providing for an amendment of the zoning
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district map; 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 Koza
to approve the first reading of Ordinance No. 2000M-230.
AYES: Carbone, Koza, Hernandez, Barry, Owens, and Cade.
NAYS: Kamkar.
The motion carried.
6. Consideration and Possible Action - Resolution No. R2022-188 - 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 one (1) new replacement Fire truck, in the amount of
$1,035,109.00, from Siddons Martin Emergency Group.
Councilmember Kamkar made the motion, seconded by Mayor Pro-Tem
Carbone to approve Resolution No. R2022-188.
AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade.
NAYS: None.
The motion carried.
7. Consideration and Possible Action - Resolution No. R2022-190 - A
Resolution of the City Council of the City of Pearland, Texas, amending
Chapter 5, Stormwater Drainage, of the City’s Engineering Design Criteria
Manual, to reflect the National Oceanic and Atmospheric Administration
(NOAA) Atlas 14 rainfall values for infrastructure design.
Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone
to approve Resolution No. R2022-190.
AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade.
NAYS: None.
The motion carried.
8. Fiscal Year 2023 Budget Discussion #2
Presentation was provided by Erich Roche, Budget Officer.
Nancy Massey, Water Billing & Collections Manager, presented the utility billing
fee updates.
Patrick Savage, Assistant Chief of Police, presented the Police Department fee
updates.
Carry Capers, Director of Parks and Recreation, presented the Parks and Rec
fee updates along with the new fees coming in the Fiscal Year 2023.
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Jack 'J' Taylor, Fire Chief, and Chad McCune, Division Chief of Fire
Prevention/Fire Marshal, presented the new fees coming in Fiscal Year 2023 for
the Fire Department.
Adam Carroll, 12511 Britt, addressed Council on behalf of the Pearland Police
Association regarding the importance of the retention of employees.
Jim Johnson, 6117 Broadway, addressed Council on behalf of the Pearland
Chamber of Commerce, stating his concerns about the increase of fees and new
fees on businesses.
XV. MATTERS REMOVED FROM CONSENT AGENDA
C. Consideration and Possible Action - Resolution No. R2022-168 - 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 Choice Partners Cooperative System for the
purchase of construction services from Generosity Services, Inc., in the
amount of $232,366.30, for the renovation and restoration of the Pearland
Train Depot Project.
Councilmember Owens made the motion, seconded by Councilmember Barry to
approve Resolution No. R2022-168 .
AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade.
NAYS: None.
The motion carried.
I. Consideration and Possible Action - Resolution No. R2022-186 - A
Resolution of the City Council of the City of Pearland, Texas, ratifying
emergency expenditures for HVAC repairs and replacement at the Fire
Administration Building and Hillhouse annex with TD Industries, in the
amount of $58,569.00.
Councilmember Barry made the motion, seconded by Mayor Pro-Tem Carbone
to approve Resolution No. R2022-186.
AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade.
NAYS: None.
The motion carried.
J. Consideration and Possible Action - Resolution No. R2022-189 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with Joiner Architects, for preliminary planning schematic
report services associated with Fire Station # 7, in the estimated amount
of $58,600.00.
Councilmember Cade made the motion, seconded by Mayor Pro-Tem Carbone
to approve Resolution No. R2022-189.
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Councilmember Kamkar made the motion, seconded by Councilmember Owens
to postpone this item until the first meeting after the second hearing of the budget
as adopted.
AYES: Kamkar.
NAYS: Carbone, Koza, Hernandez, Barry, Owens, and Cade.
The motion failed.
Councilmember Cade made the motion, seconded by Mayor Pro-Tem Carbone,
to approve Resolution No. R2022-189.
AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade.
NAYS: None.
The motion carried.
XVI. OTHER BUSINESS
There were none.
XVII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
I. Consideration and Possible Action- Authorizing the commissioning of a
Charter Review Commission to make possible recommendations to the
voters.
Councilmember Kamkar made the motion, seconded by Councilmember
Hernandez to set a Charter Review Commission.
AYES: Kamkar and Hernandez.
NAYS: Carbone, Koza, Barry, Owens, and Cade.
The motion failed.
II. Consideration and Possible Action- R2022-194 - A Resolution of the City
Council of the City of Pearland, Texas, amending the City Council Rules
and Order of Business (“Rules”) as guidelines for the organization and
governance of the City Council.
Darrin Coker, City Attorney, provided the proposed changes that were
recommended by Councilmember Hernandez regarding City Council Rules.
Councilmember Hernandez made the motion, seconded by Mayor Pro-Tem
Carbone to approve Resolution No. R2022-194 with the recommended changes
to the City Council Rules to promote public trust by enhancing public access to
Council disclosures required by state and local law.
AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade.
NAYS: None.
The motion carried.
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XVIII.EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 10:09 p.m.
Section 551.074- Personnel Matters - Regarding City Boards and
Commissions.
Conducted
Executive Session 551.074 - Personnel Matters - Review of the City
Manager's Performance related to staff performance.
Conducted
Council returned from Executive Session at 12:09 a.m.
XIX.NEW BUSINESS CONTINUED
9.Consideration and Possible Action - Regarding appointments to the
Boards and Commissions.
No action was taken.
10.Consideration and Possible Action- Regarding the review of the City
Manager's performance related to staff performance.
No action was taken.
XX.ADJOURNMENT
Mayor Cole adjourned the meeting at 12:09 a.m.
Minutes approved as submitted and/or corrected this 12th day of September 2022.
City of Pearland, Texas
J. Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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