2022-12-12 CITY COUNCIL REGULAR MEETING MINUTESPearland City Council Minutes December 12, 2022
MINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY OF PEARLAND,
TEXAS, HELD ON DECEMBER 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 6:31 PM.
II.INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
Councilmember Barry gave the Invocation and Councilmember Owens 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 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 except Councilmember Koza.
IV.CITIZEN COMMENTS
Diane Tanksley, 2024 Cheryl Dr., stated her concerns about fencing issues at the
Orange Street Service Center.
Jimmy Davis, 5004 Colmesneil Drive, gave recommendations to City Council on budget
cuts from the general funds.
V.CONSENT AGENDA
A.Consideration and Possible Action - Approval of minutes for the City
Council Special Meeting and the City Council Regular Meeting held on
December 5, 2022.
B.Consideration and Possible Action - Second and Final 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.
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C. Consideration and Possible Action - Second and Final 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
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 and Final 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.
E. Consideration and Possible Action - Resolution No. R2022-274 - A
Resolution of the City Council of the City of Pearland, Texas, awarding an
installation services contract for the Fiber Optic Backbone Network
Project (Cullen Parkway from Magnolia to Hughes Ranch Road) to One
Directional Boring, LP, in the amount of $328,051.75.
F. Consideration and Possible Action - Resolution No. R2022-276 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a Reimbursement
Agreement between the City and the Pearland Economic Development
Corporation; associated with the Lower Kirby Master Drainage Plan Land
Acquisition.
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G. Consideration and Possible Action - Resolution No. R2022-277 - 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 Texas Buyboard for heavy equipment
services (repair and parts), in the estimated amount of $200,000.00, from
Associated Supply Company, Inc. (ASCO) for the period of December 21,
2022 through December 20, 2023.
H. Consideration and Possible Action - Resolution No. R2022-278 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
bid for the purchase of one (1) police fleet vehicle from Silsbee Fleet
Group, through The Interlocal Purchasing System (“TIPS”) Cooperative, in
the amount of $56,746.58.
I. Consideration and Possible Action - Resolution No. R2022-279 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
service contract for fire safety inspection services (inspections and
repairs) associated with City Facilities, with Johnson Controls Fire
Protection LP, in the additional amount of $42,170.00 (total contract
amount of $90,170.00), for the period of April 23, 2022 through April 22,
2023.
J. Consideration and Possible Action - Resolution No. R2022-282 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into an Amended Letter Finance
Agreement with Reinvestment Zone No. 2, City of Pearland, Texas,
associated with the Shadow Creek Ranch Sidewalk Extensions.
K. Consideration and Possible Action - Resolution No. R2022-283 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
contract with Katarzyna (Kasia) Kimmel, MD/ MPH for EMS Medical
Director services, in the estimated amount of $75,480.00, for the period of
January 14, 2023 to January 13, 2024.
Councilmember Kamkar made the motion, seconded by Councilmember Cade
to adopt Consent Agenda Items A-K.
AYES: Carbone, Kamkar, Cade, Barry, and Owens.
NAYS: None.
The motion carried. Councilmember Hernandez was off the dais.
VI. NEW BUSINESS
1. Consideration and Possible Action - Resolution No. R2022-284 - A
Resolution of the City Council of the City of Pearland, authorizing the City's
participation in the Texas General Land Office's Regional Mitigation
Program, funded by the U.S. Department of Housing & Urban Development
(HUD), allocated via Houston - Galveston Area Council (HGAC) Method of
Distribution in the amount of $14,008,900, for eligible flood-drainage
mitigation improvements.
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Joel Hardy, Grants/Special Projects Administrator was present to answer
questions from the Council.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Barry
to approve Resolution No. R2022-284.
AYES: Carbone, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
2. Consideration and Possible Action - Resolution No. R2022-285 - A
Resolution of the City Council of the City of Pearland, authorizing the City's
participation in the FY 2022 Community Project Funding Program, U.S.
Department of Housing & Urban Development, as a Congressional
Appropriation of $2 million in matching funds towards the City's proposed
expansion of Smith Ranch Road.
Councilmember Hernandez made the motion, seconded by Councilmember
Barry to approve Resolution No. R2022-285.
AYES: Carbone, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
3. Consideration and Possible Action – Second and Final 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 Owens to
approve the final reading of Ordinance No. 1619-1.
Trent Epperson, Interim City Manager provided information and answered
questions from the Council.
Councilmember Kamkar made the motion, seconded by Councilmember Owens
to amend Ordinance No. 1619-1, by making budgetary cuts from discretionary
spending as follows:
• $2.1M combined from Internal Service Funds
• $1.1M (1.00% of Expenses) from General Fund
• Non personnel
• $700K (Software & UDC Update)
• $900K in unallocated Fund Balance
• $4.8M in M&O Budget Cuts
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AYES: Kamkar and Owens.
NAYS: Carbone, Hernandez, Cade, and Barry.
The motion to amend failed.
Councilmember Cade made the motion, seconded by Councilmember Owens to
approve the final reading of Ordinance No. 1619-1.
AYES: Carbone, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion carried.
4. Consideration and Possible Action - Resolution No. R2022-281 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
Design Build contract with CDM-Smith, in the additional amount of
$2,777,925.81 (Phase 3b, Wastewater) to the Guaranteed Maximum Price
(GMP) of $7,843,525.93 (inclusive of Phase 1, 2 and 3a), for design,
programming and construction phase services associated with the
Supervisory Control and Data Acquisition (SCADA) Project.
Councilmember Barry made the motion, seconded by Councilmember Cade to
approve Resolution No. R2022-281.
AYES: Carbone, Kamkar, Hernandez, Cade, and Barry.
NAYS: None.
The motion carried. Councilmember Owens was off the dais.
5. Citizens Drainage Bond Advisory Committee update to the Council by
Committee Chair Mr. Seth Thompson
Seth Thompson, Citizens Drainage Bond Advisory Committee Chair, provided
an overview of the proposed drainage projects and answered questions from the
Council.
Anna Clark, 2015 Isla Dr, stated her concerns about the drainage issues
throughout the city and would like Council to consider moving the proposed
drainage projects from FY26/27 to FY 23/24.
Linda Kuhn, 2214 W. Marsala Ct, stated her concerns about the drainage issues
throughout the city and would like Council to consider finishing the proposed
drainage projects within the next 5 years.
Troy Shull, 3914 Shadycrest Dr, Shadycrest HOA President, stated his concerns
about the drainage issues in Shadycrest and would like Council to consider
moving forward with the proposed drainage projects.
Paul Eskine, 2519 Park Ave, stated his concerns about the drainage issues
throughout the city and would like Council to prioritize the proposed drainage
projects.
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No action was taken.
6. Potential 2023 Bond Election - Discussion on Scope and Funding Amount.
Raj Shrestha, City Engineer, presented the Potential 2023 Bond Election and
answered questions from the Council.
Robert Upton, Director of Engineering and Public Works was present to answer
questions from the Council.
Jameson Appel, Assistant Director of Capital Projects, presented the Proposed
Facilities Bond Projects and answered questions from the Council.
Eric Roche, Budget Officer, presented the 2023 Bond Package Debt Service
Impact.
Trent Epperson, Interim City Manager, gave a final overview of the Potential
2023 Bond Election and answered questions from the Council.
Don Smith, 1502 S. Primavera, Bellvita HOA President, stated his concerns
about the drainage issues throughout the city, he supports the proposed bond
drainage project and hopes Council and Staff move forward with the project with
a sense of urgency.
Connie Harry, 2504 S. Venice Dr, stated her concerns about the drainage issues
throughout the city and would like to see the proposed drainage bond to be put
on the May 2023 ballot so it can progress as quickly as possible.
No action was taken.
VII. MATTERS REMOVED FROM CONSENT AGENDA
There were no items removed from Consent Agenda.
VIII. OTHER BUSINESS
There were no other business items.
IX. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were no issues to discuss.
X. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 9:23 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.
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Conducted.
Council returned from Executive Session at 11:23 PM.
XI.NEW BUSINESS CONTINUED
7.Consideration and Possible Action - Regarding potential litigation and
audit associated with Fiscal Year 2023 Tax Calculations.
No action was taken.
XII.ADJOURNMENT
Mayor Cole adjourned the meeting at 11:23 PM
Minutes approved as submitted and/or corrected this 9th day of January 2023.
City of Pearland, Texas
J.Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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