2022-12-05 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Minutes December 05, 2022
MINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY OF PEARLAND,
TEXAS, HELD ON DECEMBER 5, 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 PM
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 Hernandez 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
Interim City Manager Trent Epperson
City Attorney Darrin Coker
City Secretary Frances Aguilar
All members were present.
IV. CITIZEN COMMENTS
There were no general comments.
V. PUBLIC HEARING NO. 1
1. Public Hearing: A request by GMS Connects LLC, applicant, on behalf of
G & G Partners Development, owner, for approval of a zone change from
Neighborhood Service (NS) District to General Business Retail (GB)
District on approximately 9.6135 acres of land, to wit:
Legal Description: A tract or parcel of land containing 9.6135 acres of land,
(418,766 square feet), being out of and a part of Lot 76, George W. Jenkin
Subdivision of the lower one-fourth, (1/4), of the W.D.C. Hall Survey,
Abstract No. 70, Brazoria County, Texas, according to the map or plat
thereof recorded in Volume 79, Page 616, of the Office of the County Clerk
of Brazoria County, Texas, said 9.6135 acre tract of land being that certain
tract of land as conveyed to Gary Martin Maynor and wife, Cecelia Maynor,
by instrument recorded in document CF No. 2001045201 of the Office of
the County Clerk of Brazoria County, Texas.
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General Location: 3205 Dixie Farm Road.
Mayor Cole opened the Public Hearing
Presentation provided by Martin Griggs, Assistant Director of Community
Development.
Chris Heard, a representative of GMS Connects LLC, gave an overview of the
proposed zoning change and was present to answer questions from Council.
Angela Ornelas, 3522 Pinechase Dr, stated her concerns about the drainage
and flooding and was not in favor of the proposed zoning change.
Greg Nelson, 1617 Pinecrest Dr, was present to speak against the proposed
zoning change.
Mayor Cole closed the Public Hearing.
VI. NEW BUSINESS
1. Consideration and Possible Action - First Reading of Ordinance No.
2000M-242 - 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 of land containing 9.6135 acres of land,
(418,766 square feet), being out of and a part of Lot 76, George W. Jenkin
Subdivision of the lower one-fourth, (1/4), of the W.D.C. Hall Survey,
Abstract No. 70, Brazoria County, Texas, according to the map or plat
thereof recorded in Volume 79, Page 616, of the Office of the County Clerk
of Brazoria County, Texas, said 9.6135 acre tract of land being that certain
tract of land as conveyed to Gary Martin Maynor and wife, Cecelia Maynor,
by instrument recorded in document CF No. 2001045201 of the Office of
the County Clerk of Brazoria County, Texas (located at 3205 Dixie Farm
Road, Pearland, Texas). Zone Change Application No. ZONE 22-27, a
request by GMS Connects LLC, applicant, on behalf of G & G Partners
Development, owner, for approval of a zone change from Neighborhood
Service (NS) District to General Business Retail (GB) 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
Hernandez to approve the first reading of Ordinance No. 2000M-242.
AYES: None.
NAYS: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
The motion failed.
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VII. PUBLIC HEARING NO. 2
2. Public Hearing: A request by GMS Connects LLC, applicant, on behalf of
Pham Tilly Trang, owner, for approval of a zone change from General
Business Retail (GB) District to General Commercial (GC) District on
approximately 4.5099 acres, to wit:
Legal Description: 4.5099 acres (196,450 square feet), situated in the H.T.
& B.R.R. CO. Survey, Abstract No. 242, Brazoria County, Texas, being all
of a tract of land conveyed unto Tilly Pham and Brian Nguyen by deed
recorded under County Clerk’s File No. 2003031795 of the Official Records
of Brazoria County, Texas.
General Location: East of Old Chocolate Bayou Road, South of Broadway
Street.
Mayor Cole opened the Public Hearing.
Presentation provided by Martin Griggs, Assistant Director of Community
Development.
Chris Heard, a representative of GMS Connects LLC, gave an overview of the
proposed zoning change and was present to answer questions from Council.
There were no citizen comments.
Robert Upton, Director of Engineering and Public Works was present to answer
questions from the Council.
Raj Shrestha, City Engineer 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-243 - 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 4.5099 acres (196,450 square feet), situated in the H.T. &
B.R.R. CO. Survey, Abstract No. 242, Brazoria County, Texas, being all of
a tract of land conveyed unto Tilly Pham and Brian Nguyen by deed
recorded under County Clerk’s File No. 2003031795 of the Official Records
of Brazoria County, Texas (located east of Old Chocolate Bayou Road,
south of Broadway Street). Zone Change Application No. ZONE 22-28, a
request by GMS Connects LLC, applicant, on behalf of Pham Tilly Trang,
owner, for approval of a zone change from General Business Retail (GB)
District to General Commercial (GC) District; providing for an amendment
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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 Cade
to approve the first reading of Ordinance No. 2000M-243.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
IX. PUBLIC HEARING NO. 3
3. 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 Single-family Residential-4 (R-4) 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
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 provided by Martin Griggs, Assistant Director of Community
Development.
Tom Seiler, 3902 Fernwood Dr, stated his concerns about the R-4 zoning
change and would prefer an R-2 or R-3 zone change instead.
Greg Hawkins, 3910 Ivywood Dr, stated that he is in favor of the proposed zone
change.
Karim Pirani, applicant, was present to answer questions from the Council.
Mayor Cole closed the Public Hearing.
X. NEW BUSINESS
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3. Consideration and Possible Action - First Reading of Ordinance No.
2000M-244 - 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; 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 the northwest and southwest corners of Veterans
Road and Springfield Ave). Zone Change Application No. ZONE 22-31, 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
Single-family Residential-4 (R-4) 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.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza
to approve the first reading of Ordinance No. 2000M-244.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
XI. PUBLIC HEARING NO. 4
4. Public Hearing - City of Pearland Community Development Block Grant
(CDBG) Program - Consolidated Annual Performance Evaluation Reports
(CAPER), U.S. Department of Housing & Urban Development (HUD)
Program Years 2019, 2020, and 2021 (City of Pearland fiscal years 2020,
2021, and 2022).
Mayor Cole opened the Public Hearing.
Presentation provided by Joel Hardy, Grants/Special Projects Administrator.
There were no citizen comments.
Mayor Cole closed the Public Hearing.
XII. CONSENT AGENDA
A. Pulled for discussion.
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B. Consideration and Possible Action – Second and Final Reading of
Ordinance No. 1622 - An Ordinance of the City Council of the City of
Pearland, Texas, reserving a public utility easement within public alleys
located in Block 7 of the Pearland Townsite Plat, H.T. & B. RR Sections 1,
2, 3 and 4 (“Plat”) contained plat records of Brazoria County; an area
generally surrounded by N. Grand Blvd., E. Plum Street, N. Park Avenue
and Zychlinski Drive, within the corporate city limits of Pearland; and
abandoning all public alleys located in Block 7 of the Plat; containing a
savings clause and a severability clause; and providing for an effective
date.
C. Consideration and Possible Action - Resolution No. R2022-202 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate in a cooperative purchase
agreement with Sourcewell for the purchase and installation of shade
structures (Park Equipment Recapitalization Project), in the amount of
$408,882.20, from USA Shade & Fabric Structures.
D. Consideration and Possible Action - Resolution No. R2022-272 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
contract for design services (Police indoor Firearms Range Facility and
Police Driver Training Track), with Berg Oliver and Associates, Inc., in the
additional amount of $30,681.00 (total contract amount of $78,181.00).
E. Pulled for discussion.
F. Pulled for discussion.
G. Consideration and Possible Action - Resolution R2022-280 - A Resolution
of the City Council of the City of Pearland, amending the designated
Authorized Officials and Designated Signatories for various purposes
related to the City's Community Development Block Grant - Disaster
Recovery (CDBG-DR) grant program, funded by the U.S. Department of
Housing & Urban Development (HUD) through the Texas General Land
Office.
Councilmember Hernandez made the motion, seconded by Councilmember
Barry to adopt the Consent Agenda Items A through G, excluding items A, E,
and F.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
XIII. MATTERS REMOVED FROM CONSENT AGENDA
A. Consideration and Possible Action - Approval of minutes for the City
Council Special Meeting and the City Council Regular Meeting held on
November 21, 2022.
Councilmember Kamkar pulled this item for discussion.
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Pearland City Council Regular Minutes: December 05, 2022
Councilmember Hernandez made the motion, seconded by Councilmember
Owens to approve the minutes for the City Council Special Meeting and the City
Council Regular Meeting held on November 21, 2022.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion carried.
E. Consideration and Possible Action - Resolution No. R2022-271 - 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 Alpha Kappa Alpha Sorority, Inc., Psi Mu Omega Chapter
and The Pink & Green Charitable Foundation collectively, for the naming
of the West Pearland Library Study Room No. 214.
Councilmember Hernandez pulled this item for discussion.
Kim Warren, Alpha Kappa Alpha Pearland Chapter President, was present to
give input on the naming rights agreement.
Juli McShay, Pink and Green Charitable Foundation President, was present to
give input on the naming rights agreement.
Councilmember Hernadez made the motion, seconded by Councilmember Cade
to approve Resolution No. R2022-271.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
F. Consideration and Possible Action - Resolution No. R2022-273 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
contract for Fire Department Dispatch Services with East Harris County
Communications, in the amount of $325,000.00 for the period of September
1, 2022 through August 31, 2023.
Councilmember Kamkar pulled this item for discussion.
Trent Epperson, Interim City Manager answered questions from the Council.
Councilmember Hernandez made the motion, seconded by Councilmember
Cade to approve Resolution No. R2022-273.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
XIV. NEW BUSINESS CONTINUED
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4. Consideration and Possible Action – First Reading of Ordinance No. 1619-
1 - An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 1619, the 2022-2023 Annual Budget Ordinance,
to facilitate the changes identified herein; providing a savings clause, a
severa-bility clause, a repealer clause, and an effective date.
Councilmember Cade made the motion, seconded by Councilmember Barry to
approve the first reading of Ordinance No. 1619-1.
Presentation provided by Eric Roche, Budget Office, Joel Hardy, Grants/Special
Projects Administrator, and Trent Epperson, Interim City Manager.
Councilmember Kamkar made the motion for a proposal package from staff to
be brought back at the December 12th City Council meeting that includes a 4.7M
cut in reoccurring expenses out of the general fund. The amendment failed for
the lack of a second.
Councilmember Cade made the motion, seconded by Councilmember Barry to
approve the first reading of Ordinance No. 1619-1.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion carried.
5. Consideration and Possible Action – Second and Final Reading of
Ordinance No. 1623 - An Ordinance of the City Council of the City of
Pearland, Texas, authorizing the issuance of City of Pearland, Texas,
permanent improvement refunding bonds; setting certain parameters for
the bonds; authorizing refunding of certain outstanding obligations;
authorizing a pricing officer to approve the amount, the interest rate, price,
and terms thereof and certain other procedures.
Councilmember Barry made the motion, seconded by Councilmember Owens to
approve the first reading of Ordinance No. 1623.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion carried.
6. Consideration and Possible Action - First Reading of Ordinance 528-10 -
An Ordinance of the City Council of the City of Pearland, Texas amending
Chapter 6, Animals and Fowl, Section 6-1, Definitions, of the City of
Pearland Code of Ordinances, as it may have been amended from time to
time; having a savings clause; severability clause; a repealer clause;
providing for codification; and providing an effective date and for
publication.
Councilmember Owens made the motion, seconded by Councilmember Barry to
approve the first reading of Ordinance No. 528-10.
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Chard Randall, Assistant Police Chief was present to answer questions from the
Council.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried. Councilmember Kamkar was away from the dais during the
vote.
7. Consideration and Possible Action - Resolution No. R2022-261 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract associated with the Traffic Signals Upgrade
Program, to Reliable Signal & Lighting Solutions, LLC., in the amount of
$1,560,471.
Councilmember Koza made the motion, seconded by Councilmember Owens to
approve Resolution No. R2022-261.
Robert Upton, Director of Engineering & Public Works, provided an overview of
the contract and answered questions from the Council.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
XV. OTHER BUSINESS
There were no other business items.
XVI. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
Councilmember Hernandez requested a TNR presentation from Friends4Life to be
placed on the City Council agenda for discussion, seconded by Councilmember Cade.
1. City Council Input and Discussion – TNR Presentation delivered by
Friends4Life.
Alese Zeman, Outreach Coordinator, Friends4Life, gave a presentation and was
present to answer questions from Council.
Brian Lowe, Wildlife Biologist, gave a presentation on what Targeted Trap-
Neuter-Return (TNR) is and is not.
Salise Shuttlesworth, representative, Friends4Life, gave a presentation and was
present to answer questions from the Council.
Alice Burton, Program Director, Alley Cat Allies, was present to give her point of
view on TNR and offered her assistance to the city. Alice also answered
questions from the Council.
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Tammy Dexter, 1412 N. Pine Orchard Dr, stated that she is in favor of the TNR
Pilot Program.
Danielle Enriquez, 2110 Fortuna Bella Dr, stated her concerns about the cats in
the city and that she is in favor of the TNR Pilot Program.
John Fisher, Animal Services Manager was present to answer questions from
the Council.
Chad Randall, Assistant Police Chief was present to answer questions from the
Council.
Direction was given by Mayor Cole to look into a Pilot Program target at the
beginning of the new year, but to make sure that we abide by the laws and with
the District Attorney.
No action was taken.
XVII. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 10:29 PM.
Section 551.074 - Personnel Matters - Discussion regarding the search and
selection process for the position of City Manager.
Conducted.
Section 551.071 - Consultation with Attorney - Regarding potential
litigation and audit associated with Fiscal Year 2023 Tax Calculations.
Conducted.
Section 551.087- Economic Development Negotiations - Deliberations
regarding Economic Development Negotiations.
Not conducted.
Council returned from Executive Session at 11:43 pm
XVIII. NEW BUSINESS CONTINUED
8. Consideration and Possible Action - Regarding the search and selection
process for the position of City Manager.
Darrin Coker, City Attorney read into the record the recommended motion.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Cade
to authorize an engagement of strategic government resources to facilitate the
search and selection process of a City Manager.
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AYES: Carbone, Koza, Kamkar, Hernandez, Cade, and Barry.
NAYS: None.
The motion carried. Councilmember Owens was away from the dais during the
vote.
9.Consideration and Possible Action - Regarding potential litigation and
audit associated with Fiscal Year 2023 Tax Calculations.
Darrin Coker, City Attorney read into the record the recommended motion.
Councilmember Koza made the motion, seconded by Councilmember Cade to
authorize the hiring of legal counsel for potential litigations as discussed in
Executive Session.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion carried.
10.Consideration and Possible Action - Regarding Economic Development
Negotiations.
No action was taken.
XIX.ADJOURNMENT
Mayor Cole adjourned the meeting at 11:45 PM
Minutes approved as submitted and/or corrected this 12th day of December 2022.
City of Pearland, Texas
J.Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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