2022-11-07 CITY COUNCIL REGULAR MEETING MINUTESPearland City Council Minutes November 07, 2022
MINUTES OF A CITY COUNCIL MEETING OF THE CITY OF PEARLAND, TEXAS,
HELD ON NOVEMBER 7, 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 Owens gave the Invocation and Councilmember Kamkar 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
There were no general citizen comments.
V.PUBLIC HEARING NO. 1
1.Public Hearing: A request by Westside SC Pearland LTD., applicant and
owner, for approval of a Conditional Use Permit (CUP) for Gym/Health Club
use on approximately 5.044 acres of land within the Neighborhood Service
(NS) District, to wit:
Legal Description: A 5.044-acre tract of land, being the remainder of Tract
“A”, of the Final Plat of West Side Plaza, a subdivision in the City of
Pearland according to the Plat and Map recorded in Volume 17, Pages 259-
260 in the Plat or Map Records of Brazoria County, Texas.
General Location: 5060-5070 Broadway Street, Pearland, TX.
Mayor Cole opened the Public Hearing.
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Presentation was provided by John McDonald, Community Development
Director.
Mayor Cole closed the Public Hearing.
VI.NEW BUSINESS
1.Consideration and Possible Action - Resolution No. R2022-CUP 22-23 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Gym/Health Club use within the
Neighborhood Service (NS) District, on approximately 5.044 acres of land,
being 5.044-acre tract of land, being the remainder of Tract “A”, of the Final
Plat of West Side Plaza, a subdivision in the City of Pearland according to
the Plat and Map recorded in Volume 17, Pages 259-260 in the Plat or Map
Records of Brazoria County, Texas (located at 5060-5070 Broadway
Street). Conditional Use Permit Application No CUP22-23, for Gym/Health
Club use within the Neighborhood Service (NS) District, at the request of
Westside SC Pearland LTD., applicant and 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 Councilmember
Owens, to approve Resolution No. R2022-CUP 22-23.
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 Colin Davidson, META Planning & Design
LLC., applicant, on behalf of Fairbanks Groups LLC., owner, and Adam
Omran, owner, for approval of a zone change from Residential Estate (RE)
District to Single-Family Residential-3 (R-3) District on three (3) tracts of
land totaling approximately 12.48 acres, to wit:
Legal Description: Being a tract of land containing 5.00acres, situated in
the H.T. & B.R.R. Co. Survey, A-564, Brazoria County, Texas, and being all
of a 5.00-acre tract of record in the name of Fairbanks Group, LLC in
Brazoria County Clerk’s File (B.C.C.F.) Number 2014022718. “Lot 1”: Being
Lot 1, Block 1 of the Elim Subdivision, a subdivision in the City of Pearland
according to the Plat recorded in Volume 28, Pages 383-384 in the Plat
Records of Brazoria County, Texas. “Lot 2”: Being Lot 2, Block 1 of the
Elim Subdivision, a subdivision in the City of Pearland according to the
Plat recorded in Volume 28, Pages 383-384 in the Plat Records of Brazoria
County, Texas.
Genera l Location: North of Magnolia Parkway and West of Kirby Drive.
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Mayor Cole opened the Public Hearing.
Presentation was provided by John McDonald, Community Development
Director.
Christina Miller, 11814 Cascade Falls Lane, stated her concerns about the
drainage, and how the neighborhood will be maintained without an HOA.
A citizen also came forward to address her concerns about the traffic this will
bring to Magnolia, and the flooding in the area.
Jennifer Curtis, Senior Planner with META Planning and Design LLC., gave a
presentation and was present to answer questions from the Council.
Mayor Cole closed the Public Hearing.
VIII. NEW BUSINESS
2. Consideration and Possible Action - First Reading of Ordinance No.
2000M-241 - 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 5.00acres, situated in the H.T. &
B.R.R. Co. Survey, A-564, Brazoria County, Texas, and being all of a 5.00-
acre tract of record in the name of Fairbanks Group, LLC in Brazoria
County Clerk’s File (B.C.C.F.) Number 2014022718. “Lot 1”: Being Lot 1,
Block 1 of the Elim Subdivision, a subdivision in the City of Pearland
according to the Plat recorded in Volume 28, Pages 383-384 in the Plat
Records of Brazoria County, Texas. “Lot 2”: Being Lot 2, Block 1 of the
Elim Subdivision, a subdivision in the City of Pearland according to the
Plat recorded in Volume 28, Pages 383-384 in the Plat Records of Brazoria
County, Texas(located north of Magnolia Parkway, west of Kirby Drive).
Zone Change Application No. ZONE 22-26, a request by Colin Davidson,
META Planning & Design LLC., applicant, on behalf of Fairbanks Groups
LLC., owner, and Adam Omran, owner, for approval of a zone change from
Residential Estate (RE) District to Single-Family Residential-3 (R-3) District
on three (3) tracts of land totaling approximately 12.48 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.
Councilmember Kamkar made the motion, seconded by Councilmember
Hernandez to approve the first reading of Ordinance No 2000M-241.
AYES: Carbone.
NAYS: Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
The motion failed.
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IX. PUBLIC HEARING NO. 3
3. Public Hearing: A request by Xavier Esquino, applicant, on behalf of
Lizabeth Gillis, owner, for approval of a zone change from Single-Family
Residential-2 (R-2) District to Single-Family Residential-3 (R-3) District on
three (3) tracts of land totaling approximately 12.3429 acres of land, to wit:
Legal Description: Being a tract of land containing 8.3866 acres, situated
in the H.T. & B.R.R. Co. Survey, Section 5, Abstract 237, Brazoria County,
Texas, being part of Lots 13 and 13-1/2 of the H. Masterson Subdivision, a
subdivision recorded in Volume 28, Page 6 of the Deed Records of Brazoria
County, Texas. “Lot 6”: Being Lot 6, Block 1 of the Crawford Subdivision,
a subdivision in the City of Pearland according to the Plat recorded in
Volume 20, Pages 243-244 in the Plat Records of Brazoria County, Texas.
“Lot 7”: Being Lot 7, Block 1 of the Crawford Subdivision, a subdivision in
the City of Pearland according to the Plat recorded in Volume 20, Pages
243 -244 in the Plat Records of Brazoria County, Texas.
General Location: South of West Orange Street and East of Hatfield Road.
Mayor Cole opened the Public Hearing.
Presentation was provided by John McDonald, Community Development
Director.
Xavier Esquino, applicant, was present to answer questions from the Council.
Charlotte and Richard Selvora, 2020 Davenport Parkway, stated their concerns
about the traffic in the area and the cost of the homes being built for this
proposed project.
Chase Boeker, a Galveston resident, stated that he favored the proposed project
and addressed the traffic issue to the Council.
Mr. and Mrs. Jimenez, 2207 Hatfield Road, stated their concerns about the
proposed rezoning, relating to the zoning for the school, an increase in traffic,
and the noise of construction.
The property owner at 2205 Hatfield Road, stated his concerns about the
proposed rezoning, relating to an increase in traffic, and would like to keep the
integrity of the Crawford Subdivision.
X. NEW BUSINESS
3. Consideration and Possible Action - First Reading of Ordinance No.
2000M-240 - 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 8.3866 acres, situated in the H.T.
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& B.R.R. Co. Survey, Section 5, Abstract 237, Brazoria County, Texas,
being part of Lots 13 and 13-1/2 of the H. Masterson Subdivision, a
subdivision recorded in Volume 28, Page 6 of the Deed Records of Brazoria
County, Texas. “Lot 6”: Being Lot 6, Block 1 of the Crawford Subdivision,
a subdivision in the City of Pearland according to the Plat recorded in
Volume 20, Pages 243-244 in the Plat Records of Brazoria County, Texas.
“Lot 7”: Being Lot 7, Block 1 of the Crawford Subdivision, a subdivision in
the City of Pearland according to the Plat recorded in Volume 20, Pages
243 -244 in the Plat Records of Brazoria County, Texas(located south of
West Orange Street, east of Hatfield Road). Zone Change Application No.
ZONE 22-25, a request by Xavier Esquino, applicant, on behalf of Lizabeth
Gillis, owner, for approval of a zone change from Single-Family
Residential-2 (R-2) District to Single-Family Residential-3 (R-3) District on
three (3) tracts of land totaling approximately 12.3429 acres of land; 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.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Cade
to approve the first reading of Ordinance No. 2000M-240.
AYES: Carbone, Hernandez, Barry, and Owens.
NAYS: Koza, Kamkar, and Cade.
The motion failed.
XI.CONSENT AGENDA
A.Consideration and Possible Action - Approval of minutes for the City
Council Special Meeting - CIP Update Series held on October 17, 2022, and
the City Council Regular Meeting held on October 24, 2022.
B.Consideration and Possible Action - Second & Final Reading of Ordinance
No. 2000M-238 - 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 15.80-acre (687,895 square feet) tract of land, being
known as Lot 22 and the called East 6 acres of Lot 9, of the Allison-Richey
Gulf Coast Homes Company Subdivision of Section 7, H.T. & B. R. R.
Survey, Abstract No. 219, Brazoria County, Texas, according to the
recorded map or plat thereof in Volume 2, Page 23 of the Plat Records,
Brazoria County, Texas (located at the Northwest Quadrant of O’Day Road
and the new McHard Road). Zone Change Application No. ZONE 22-23, a
request by Shiran Perera, applicant, on behalf of TechPro Estates, LLC,
owner, for approval of a zone change from Garden/O’Day-Mixed Use (G/O-
MU) District and Single-Family Residential-1 (R-1) District to Single-Family
Residential-3 (R-3) 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.
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C. Consideration and Possible Action - Resolution No. R2022-111 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with InfraTech Engineers & Innovators, LLC, for design services
associated with the Pearland Parkway Intersection Improvement Project
(Pearland Parkway at Broadway), in the estimated amount of $127,651.00.
D. Consideration and Possible Action - Resolution No. R2022-113 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with KIT Professionals, Inc., for design services associated with
the Green Tee Transite Pipe Water Line Replacement Project, in the
estimated amount of $333,060.00.
E. Pulled for discussion.
F. Consideration and Possible Action - Resolution No. R2022-201 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
supply contract for Openway Riva components and parts (associated with
Badger water meters) to Republic Meter, Inc., in the estimated amount of
$201,619.00, for the period of December 1, 2022 through November 30,
2023.
G. Consideration and Possible Action - Resolution No. R2022-243 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
an Advanced Funding Agreement with the State of Texas, for a voluntary
utility relocation contribution on a federally funded off-system bridge
project in the amount of $228,035.00.
H. Consideration and Possible Action - Resolution No. R2022-246 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
repair contract for Priority 1 repairs on standby generators to Arcco
Company Services, Inc., in the estimated amount of $96,567.47.
I. Pulled for discussion.
Councilmember Koza made the motion, seconded by Councilmember Barry to
adopt the Consent Agenda Items A through I, excluding items E and I.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
XII. MATTERS REMOVED FROM CONSENT AGENDA
E. Consideration and Possible Action - Resolution No. R2022-200 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
supply contract for water meters to Badger Meter, Inc., in the estimated
amount of $288,891.00, for the period of December 1, 2022 through
November 30, 2023.
Councilmember Kamkar requested for this item to be pulled for discussion.
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Councilmember Cade made the motion, seconded by Mayor Pro-Tem Carbone
to approve Resolution No. R2022-200.
Robert Upton, Director of Engineering & Public Works, was present to answer
questions from the Council.
AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens.
NAYS: None.
Councilmember Hernandez was off the dais.
The motion carried.
I.Consideration and Possible Action - Resolution No. R2022-253 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a professional service contract with Asakura Robinson, associated with
preparation of Cultural Arts Master Plan, in the estimated amount of
$107,038.00.
Mayor Pro-Tem Carbone requested for this item to be pulled for discussion.
Councilmember Barry made the motion, seconded by Councilmember Cade to
approve Resolution No. R2022-253.
Clay Pearson, City Manager presented the staff report and answered questions
from the Council.
AYES: Hernandez and Owens.
NAYS: Carbone, Koza, Cade, and Barry.
Councilmember Kamkar abstained.
The motion failed.
XIII.NEW BUSINESS CONTINUED
6.Staff Presentation with City Council Input and Discussion – Background,
Impact, and Options related to Corrections to Taxable Value relating to the
Adopted FY 23 Budget.
Presentation was provided by Clay Pearson, City Manager, Amy Johnson, Chief
Financial Officer, and Eric Roche, Budget Officer.
Kristen Bulanek, Brazoria County Tax Assessor-Collector, was present to give
an overview of the corrections made and answer the Council’s questions.
Jimmy Davis, 5004 Colmesneil, stated his concerns about the budget
discussion.
Direction given by Mayor Cole to bring back this item and discuss it at the
December 5th City Council meeting.
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4. Consideration and Possible Action - Second & Final Reading of Ordinance
No. 2000M-239 - 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 Tract 1: being a tract or parcel containing 13.374 acres
(582,582 square feet) of land situated in the H.T. & B.R.R. Co. Survey, Sec.
85, Abstract Number 304, Brazoria County, Texas; being out of and a part
of Lots 4 and 5, Allison Richey Gulf Coast Home Company Subdivision of
said H.T. & B.R.R. Co. Survey, Sec. 85, A-304 (hereinafter referred to as the
Allison Richey Plat), a subdivision plat of record in Vol. 2, Pg. 107, Brazoria
County Plat Records; Tract 2: being a tract or parcel containing 1.999 acres
(87,063 square feet) of land situated in the H.T. & B.R.R. Co. Survey, Sec.
85, Abstract Number 304, Brazoria County, Texas; being out of and a part
of Lot 5, Allison Richey Gulf Coast Home Company Subdivision of said
H.T. & B.R.R. Co. Survey, Sec. 85, A-304 (hereinafter referred to as the
Allison Richey Plat), a subdivision plat of record in Vol. 2, Pg. 107, Brazoria
County Plat Records; being all of a called 1.0638 acre tract of land
conveyed to Alimas Properties, Ltd. as described by deed recorded under
Brazoria County Clerk’s File Number 2013000516; being all of a called 0.78
acre tract (Tract #2) of land conveyed to Alimas Properties, Ltd. as
described by deed recorded under B.C.C.F. Number 2006026952; Tract 3:
being a tract or parcel containing 1.000 acre (43,560 square feet) of land
situated in the H.T. & B.R.R. Co. Survey, Sec. 85, Abstract Number 304,
Brazoria County, Texas; being out of and a part of Lot 6, Allison Richey
Gulf Coast Home Company Subdivision of said H.T. & B.R.R. Co. Survey,
Sec. 85, A-304, a subdivision plat of record in Vol. 2, Pg. 107, Brazoria
County Plat Records; being all of a called 1.00 acre tract of land conveyed
to TLR Investments, LLC as described by deed recorded under Brazoria
County Clerk’s File Number 2019029710 (Located on the East side of Smith
Ranch Road, South of Smith Ranch 1 Road, and North of Hickory Slough).
Zone Change Application No. ZONE 22-24, a request by Alan Mueller,
applicant, on behalf of Alimas Properties LTD and TLR Investments LLC,
owners, for approval of a zone change from Business Park-288 (BP-288)
to Planned Development (PD) District, incorporating approximately 16.18
acre of land into the Domain at Smith Ranch Mixed Use Planned
Development; 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 Councilmember Barry to
approve Ordinance No. 2000M-239.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion carried.
5. Consideration and Possible Action - Resolution No. R2022-256 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
supply contract for fire apparatus preventative maintenance and repair
service with Siddons-Martin Emergency Group through the Cooperative
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Purchasing Agreement with Buyboard, in the amount of $500,000.00, for
the period of November 15, 2022 to November 14, 2023.
Councilmember Hernandez made the motion, seconded by Mayor Pro-Tem
Carbone to approve Resolution No. R2022-25 6.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
XIV.OTHER BUSINESS
There were no other business items.
XV.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were no issues for City Council to discuss.
XVI.EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 9:16 p.m.
Section 551.074- Personnel Matters - Regarding City Boards and
Commissions.
Conducted.
Section 551.071- Consultation with City Attorney- Regarding Legal Matters
Associated with the Use of City Facilities.
Conducted.
Section 551.087- Economic Development - Deliberations Regarding
Economic Development Negotiations.
Conducted.
Section 551.071- Consultation with City Attorney- Regarding Legal Matters
Associated with Sale of Municipal Assets.
Conducted.
Council returned from Executive Session at 11:25 p.m.
XVII.NEW BUSINESS CONTINUED
7.Consideration and Possible Action - Resolution No. R2022-252 - A
Resolution of the City Council of the City of Pearland, Texas, declaring
intention to reimburse project expenditures from proceeds of future tax-
exempt obligations.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza,
to approve Resolution No. R2022-252.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
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The motion carried.
8.Consideration and Possible Action - Regarding Economic Development
Negotiations.
Councilmember Koza made the motion, seconded by Councilmember Cade, to
approve the recommended motion as discussed in Executive Session.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
XVIII.ADJOURNMENT
Mayor Cole adjourned the meeting at 11:28 p.m.
Minutes approved as submitted and/or corrected this 21st day of November 2022.
City of Pearland, Texas
J.Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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