2022-09-12 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Regular Meeting Minutes - September 12, 2022
MINUTES OF A CITY COUNCIL MEETING OF THE CITY OF PEARLAND, TEXAS,
HELD ON SEPTEMBER 12, 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 Barry gave the Invocation and Councilmember Cade 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
Robert Perez, 4906 Elm Street, addressed Council about the concrete standard in the
Willow Crest Subdivision.
V. PUBLIC HEARING NO. 1
1. Public Hearing: A request by Anthony Spriggins, applicant, and owner, for
approval of a zone change for approximately 5.3499 acres of land from
General Business (GB) District to Single-Family Residential-4 (R-4)
District, to wit:
Legal Description: A 5.3499-acre tract of land out of a 37.948-acre tract out
of the southeast one-quarter of Section 13, HT. & B.R.R. Co. Survey,
Abstract 240, Brazoria County, being the same land described in a deed
recorded in Volume 1261, Page 725 of the Deed Records of Brazoria
County, Texas.
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Pearland City Council Regular Meeting Minutes - September 12, 2022
General Location: East Side of Hatfield Road, South of Fite Road.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
Anthony Spriggins, the applicant, 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-233 - 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 5.3499-acre tract of land out of a 37.948-acre tract out of
the southeast one-quarter of Section 13, HT. & B.R.R. Co. Survey, Abstract
240, Brazoria County, being the same land described in a deed recorded
in Volume 1261, Page 725 of the Deed Records of Brazoria County, Texas
(located east of Hatfield Road, south of Fite Road). Zone Change
Application No. ZONE 22-19, a request by Anthony Spriggins, applicant,
and owner, for approval of a zone change for approximately 5.3499 acres
of land from General Business (GB) 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 Barry, to
approve the first reading of Ordinance No 2000M-233.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
VII. PUBLIC HEARING NO. 2
2. Public Hearing: A request by Sameer Gulamani & Karim Pirani, applicant,
on behalf of Fric Inc., owner, for approval of a zone change from General
Business (GB) District to Townhome (TH) District on four (4) tracts of land
totaling approximately 5.72 acres, to wit:
Legal Description: Reserves “A” & “B”: Being Reserve “A”, Block 1 and
Reserve “B”, Block 2 of the Westwood Village Subdivision, Section 1, a
subdivision in the City of Pearland, Brazoria County, Texas, according to
the Final Plat recorded in Volume 17, Page 135-136 in the Official Plat
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Pearland City Council Regular Meeting Minutes - September 12, 2022
Records of Brazoria County, Texas. Reserves “C” & “D”: Being Reserve
“C”, Block 4 and Reserve “D”, Block 3 of the Westwood Village
Subdivision, Section 5, a subdivision in the City of Pearland, Brazoria
County, Texas, according to the Final Plat recorded in Volume 17, Page
343 -344 in the Official Plat Records of Brazoria County, Texas.
General Location: Northeast and Southeast Corners of McLean Road and
Springfield Ave. & Northwest & Southwest Corners of Veterans Drive and
Springfield Ave.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
Sameer Gulamani, the applicant, gave a presentation and was present to
answer questions from the Council.
Greg Hawkins, 3910 Ivywood Drive, stated that he was in favor of changing the
zoning from General Business (GB) District to Townhome (TH) and hoping that
drainage does not cause an issue for his neighborhood.
Mayor Cole closed the Public Hearing.
VIII. NEW BUSINESS
2. Consideration and Possible Action - First Reading of Ordinance No.
2000M-232 - 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 Reserve “A”, Block 1 and Reserve “B”, Block 2 of the
Westwood Village Subdivision, Section 1, a subdivision in the City of
Pearland, Brazoria County, Texas, according to the Final Plat recorded in
Volume 17, Page 135-136 in the Official Plat Records of Brazoria County,
Texas; and also being Reserve “C”, Block 4 and Reserve “D”, Block 3 of
the Westwood Village Subdivision, Section 5, a subdivision in the City of
Pearland, Brazoria County, Texas, according to the Final Plat recorded in
Volume 17, Page 343-344 in the Official Plat Records of Brazoria County,
Texas (located at the Northeast and Southeast Corners of McLean and
Springfield Ave. and Northwest and Southwest Corners of Veterans Road
and Springfield Ave). Zone Change Application No. ZONE 22-18, a request
by Sameer Gulamani & Karim Pirani, applicant, on behalf of Fric Inc.,
owner, for approval of a zone change from General Business (GB) to
Townhome (TH) District on four (4) tracts of land totaling approximately
5.72 acres; 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.
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Pearland City Council Regular Meeting Minutes - September 12, 2022
Councilmember Kamkar made the motion, seconded by Mayor Pro-Tem
Carbone, to approve the first reading of Ordinance No 2000M-232.
AYES: Carbone, Hernandez, Barry, and Owens.
NAYS: Koza, Kamkar, and Cade.
The motion carried.
IX. PRESENTATIONS
1. Presentation of Proclamations from Mayor Kevin Cole to the Pearland
Little League All-Star Baseball Team.
Mayor Cole presented Proclamations to the Pearland Little League All-Star
Baseball Team.
X. CONSENT AGENDA
A. Consideration and Possible Action - Approval of minutes for the City
Council Regular Meeting and Budget Discussion #2 held on August 22,
2022, and the City Council Special Meeting First Budget Public Hearing
and Budget Discussion #3 held on August 29, 2022.
B. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 2000M-229 - 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 3.611-acre tract (called) out of Lot 24 of Lot 24 of
the Subdivision of Section 2, situated in the A.C.H. & B. Survey, Abstract
No. 507, Brazoria County, Texas (located at the Southwest Quadrant of
Main Street and Bailey Road). Zone Change Application No. ZONE 22-12, a
request by Mona Miller, applicant, on behalf of Steven Ryan, owner, for
approval of a zone change for approximately 3.611 acres of land from
Heavy Industrial (M-2) District to General Commercial (GC) 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.
C. Consideration and Possible Action - Second & Final Reading of Ordinance
No. 200M-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
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Pearland City Council Regular Meeting Minutes - September 12, 2022
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
district map; containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
D. Consideration and Possible Action - Second & Final Reading of Ordinance
No. 2000T-37 - An Ordinance of the City Council of the City of Pearland,
Texas, for the purpose of amending to the Unified Development Code of
the City of Pearland, Texas, Ordinance No. 2000T, Chapter 4, Section
4.2.4.3 (a), Fencing Regulations of the Unified Development Code, to allow
additional height for residential fences within the front yards of residential
properties fronting on identified Thoroughfares; containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
E. Consideration and Possible Action - Resolution No. R2022-195 - A
Resolution of the City Council of the City of Pearland, Texas, establishing
the Council Meeting times and dates for 2023.
F. Consideration and Possible Action - Resolution No. R2022-197 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
participation through an interlocal agreement with National IPA – OMNIA
Partners for the purchase of chemical reagent, instrumentation and
operational parts/supplies from Fisher Scientific, in the estimated amount
of $471,150.00, for the period of September 13, 2022 through September
12, 2023.
G. Consideration and Possible Action - Resolution No. R2022-198 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
service contract for municipal veterinary services to Pearland Animal
Hospital, in the estimated amount of $100,000.00, for the period of
September 13, 2022 through September 12, 2023.
H. Consideration and Possible Action - Resolution No. R2022-199 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
contract for overhead door services (maintenance and repairs) associated
with City facilities, with DH Pace, Inc., in the estimated amount of
$60,000.00, for the period of October 1, 2022 to September 30, 2023.
I. Consideration and Possible Action - Resolution No. R2022-206 - A
Resolution of the City Council of the City of Pearland, Texas, approving
participation in the Office of the Governor, Criminal Justice Division, Rifle
Resistant Body Armor Grant Program; Grant Number: 46149-01.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Cade
to adopt the Consent Agenda Items A through I.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
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Pearland City Council Regular Meeting Minutes - September 12, 2022
NEW BUSINESS CONTINUED
3. Consideration and Possible Action - Second & Final 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 Hernandez made the motion, seconded by Councilmember
Barry, to approve the second and final reading of Ordinance No. 2000M-231.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
4. Consideration and Possible Action - Resolution No. R2022-196 -
A Resolution of the City Council of the City of Pearland, Texas, consenting
to the exclusion of certain land from the boundaries of Pearland Municipal
Management District No. 2.
Councilmember Cade made the motion, seconded by Councilmember Barry, to
approve Resolution No. R2022-196.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza,
to table Resolution No. R2022-196.
AYES: Carbone, Koza, and Kamkar.
NAYS: Hernandez, Cade, Barry, and Owens.
The motion failed.
Councilmember Cade made the motion, seconded by Councilmember Barry, to
approve Resolution No. R2022-196.
AYES: Carbone, Kamkar, and Hernandez.
NAYS: Koza, Cade, Barry, and Owens.
The motion failed.
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Pearland City Council Regular Meeting Minutes - September 12, 2022
5. Consideration and Possible Action – First Reading of Ordinance No. 1619
- An appropriation Ordinance adopting a budget for the fiscal year
beginning October 1, 2022, and ending September 30, 2023, and pay plans
for fiscal year 2023.
Presentation was provided by Clay Pearson, City Manager.
Senior Staff was present to answer questions from the Council.
Jimmy Davis, 5004 Colmesneil St., stated his concerns about the increase in
water rates.
Matthew Kozlowski, a representative of the Pearland Professionals Firefighters
Association, stated the hardships firefighters are dealing with because of
mandatory overtime. Also, he thanked Council for the firefighter positions that
will possibly be approved in the new budget.
Adam Carroll, a Pearland Police Officers Association representative, stated his
concerns about the retention issue and would like the best outcome for
employees when Council approves the budget.
Councilmember Barry made the motion, seconded by Councilmember Owens,
to approve the first reading of Ordinance No. 1619.
AYES: Carbone, Koza, Barry, and Owens.
NAYS: Kamkar, Hernandez, and Cade.
The motion carried.
6. Consideration and Possible Action- First Reading of Ordinance No. 1620 -
An Ordinance adopting a tax rate of $0.623765 and levying taxes for the
use and support of the Municipal Government of the City of Pearland,
Texas, and providing for the interest and sinking fund of the taxable year
2022.
Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone,
to approve the first reading of Ordinance No. 1620.
AYES: Carbone, Koza, Hernandez, Cade, and Barry.
NAYS: Kamkar and Owens.
The motion carried.
7. 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.
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Pearland City Council Regular Meeting Minutes - September 12, 2022
Councilmember Kamkar made the motion, seconded by Mayor Pro-Tem
Carbone, to approve the first reading of Ordinance No. 1358-24.
Councilmember Kamkar made the motion, seconded by Mayor Pro-Tem
Carbone, to amend the first reading of Ordinance No.1358-24 to exclude any
new additional Parks and Recreation fees.
AYES: Kamkar.
NAYS: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
The motion failed.
Councilmember Kamkar made the motion, seconded by Mayor Pro-Tem
Carbone, to approve the first reading of Ordinance No. 1358-24.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion carried.
8. Consideration and Possible Action - Resolution No. R2022-207 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
Construction Manager at Risk contract with Durotech, in the additional
amount of $4,533,569.00, to include the Guaranteed Maximum Price (GMP)
of $4,780,850.00 (inclusive of General Conditions and Pre-Construction
Services) for Construction Phase Services associated with the Public
Safety Training & Education Building; and amending a Construction
Manager at Risk contract, in the additional amount of $1,261,587.00, to
include the total GMP of $1,263,087.00 (inclusive of General Conditions
and Pre-Construction Services) for Construction Phase Services
associated with Public Safety Building Renovations.
A representative from Durotech was present to answer questions from the
Council.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Barry,
to approve Resolution No. R2022-207.
AYES: Hernandez, Barry, and Owens.
NAYS: Carbone, Koza, Kamkar, and Cade.
The motion failed.
XII. MATTERS REMOVED FROM CONSENT AGENDA
There were no matters removed from the Consent Agenda.
XIII. OTHER BUSINESS
There were no other business items.
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Pearland City Council Regular Meeting Minutes - September 12, 2022
XIV.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
1.Council Discussion and Direction - A request of Hilton Garden Inn (HGI) to
enter into an extended Hotel Occupancy Tax (HOT) Abatement Agreement.
Kash Bhagwanji, hotel owner of La Quinta Hotel and Candlewood Suites, stated
his concerns about the agreement and how the funds are being dispersed and
awarded.
Council agreed not to move forward with the extended Hotel Occupancy Tax
(HOT) Abatement Agreement.
XV.ADJOURNMENT
Mayor Cole adjourned the meeting at 10:00 p.m.
Minutes were approved as submitted and/or corrected on the 26th day of September
2022.
City of Pearland, Texas
J.Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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