2023-01-23 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Minutes January 23, 2023
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
JANUARY 23, 2023
The City Council of Pearland, Texas convened in a meeting on Monday, January 23, 2023
at the Pearland City Hall Council Chambers, 3519 Liberty Drive, Pearland Texas. The
following represents the actions taken by City Council in the order they occurred during
the meeting. All motions are made by Council consecutive order, as determined by the
Mayor.
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 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
Interim City Manager Trent Epperson
City Attorney Darrin Coker
City Secretary Frances Aguilar
All members were present.
IV. CITIZEN COMMENTS
Andrew Eng, Ling Ling Soccer Academy, stated that he would like to see support from
the Council regarding the expansion of Hickory Slough Sports Complex so they can stay
and play soccer locally.
Derrell Isenberg, 1406 Silver Maple Ln, stated that he would like to see support from
the Council at an upcoming event by Unbound, which is a non-profit organization that
supports human trafficking survivors.
V. NEW BUSINESS CONTINUED
9. 2023 Bond Election Package - Discussion on Scope and Funding Amount
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Mayor Cole moved New Business No. 9 after citizens’ comments.
Ted Bryant, Pearland Soccer Club President, gave a presentation and stated
that he would like the expansion of Hickory Slough to be added to the potential
2023 Bond Election Packet for the citizens to vote on it in May.
Presentation provided by Robert Upton, Director of Engineering and Public, and
Trent Epperson, Interim City Manager.
Amy Johnson, Chief Financial Officer and Carry Capers, Director of Parks and
Recreation answered questions from the Council.
The next step from staff is to prepare 4 different propositions for the proposed
Bond Package that the Councilmembers will be able to vote on at the February
13, 2023 City Council Meeting.
1. Drainage
2. Roads
3. Parks
4. Public Safety
VI. PUBLIC HEARING NO. 1
1. Public Hearing: A request by Nolan Tiersch, applicant, on behalf of
Welcome Real Estate Services, LLC., owner, for approval of a zone change
from Spectrum-3 (S-3) District to Planned Development (PD) District,
incorporating approximately 16.92 acres of land into the existing LNR
Clear Creek Planned Development, to wit:
Legal Description: Tract (1): 11.0244 acres (480,224 square feet) of land,
being a portion of Lots 59, 59½, 60 and 60½ in Block K of the Allison Richey
Gulf Coast Homes Subdivision, as recorded in Volume 3, Page 40, in the
Harris County Maps Records, and located in the James Hamilton Survey,
Abstract No. 876, Harris County, Texas. Tract (2): 5.9012 acres (257,055
square feet) of land, being a portion of Lots 59 and 60 in Block K of the
Allison Richey Gulf Coast Homes Subdivision, as recorded in Volume No.
3, Page No. 40, in Harris County Maps Records, and located in the James
Hamilton Survey, Abstract No. 876, Harris County, Texas.
General Location: Northwest Quadrant of Kirby Drive and Fruge Road.
Mayor Cole opened the Public Hearing.
Presentation provided by Martin Griggs, Assistant Director of Community
Development.
Nolan Tiersch, applicant, was present to answer questions from the Council.
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There were no citizen comments.
Mayor Cole closed the Public Hearing.
VII. NEW BUSINESS
1. Consideration and Possible Action - First Reading of Ordinance No.
2000M-246 - 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; Tract (1): 11.0244 acres (480,224 square feet) of land, being a
portion of Lots 59, 59½, 60 and 60½ in Block K of the Allison Richey Gulf
Coast Homes Subdivision, as recorded in Volume 3, Page 40, in the Harris
County Maps Records, and located in the James Hamilton Survey,
Abstract No. 876, Harris County, Texas. Tract (2): 5.9012 acres (257,055
square feet) of land, being a portion of Lots 59 and 60 in Block K of the
Allison Richey Gulf Coast Homes Subdivision, as recorded in Volume No.
3, Page No. 40, in Harris County Maps Records, and located in the James
Hamilton Survey, Abstract No. 876, Harris County, Texas. (located in the
northwest quadrant of Kirby Drive and Fruge Road). Zone Change
Application No. ZONE 22-30, a request by Nolan Tiersch, applicant, on
behalf of Welcome Real Estate Services, LLC., owner, for approval of a
zone change from Spectrum-3 (S-3) District to Planned Development (PD)
District, incorporating approximately 16.92 acre of land into the existing
LNR Clear Creek 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 Koza made the motion, seconded by Councilmember Cade to
approve the first reading of Ordinance No. 2000M-246.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
VIII. PUBLIC HEARING NO. 2
2. Public Hearing: A request by Mary A. Monroy, applicant, on behalf of
BROP, LLC, owner, for approval of a Conditional Use Permit (CUP) for
Automobile Driving School use on approximately 9.2001 acres of land
within the Kingsley Broadway Planned Development (PD) District, to wit:
Legal Description: Reserve “C” of the Minor Plat of Kingsley Retail, being
a subdivision of 15.1451 acres of land (659,722 square feet), as recorded
in County Clerks’ File No. 2018048675 of the Plat Records of Brazoria
County, Texas.
General Location: 3129 Kingsley Drive, Suite 1130, Pearland, TX.
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Mayor Cole opened the Public Hearing.
Presentation provided by Martin Griggs, Assistant Director of Community
Development.
Catherine Farrah, a representative from Monroy Driving School was present to
answer questions from the Council on behalf of Mary Monroy.
There were no citizen comments.
Mayor Cole closed the Public Hearing.
IX. NEW BUSINESS
2. Consideration and Possible Action - Resolution R2023-CUP 22-26 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Automobile Driving School use within
the Kingsley Broadway Planned Development (PD) District, on
approximately 9.2001 acres of land, Reserve “C” of the Minor Plat of
Kingsley Retail, being a subdivision of 15.1451 acres of land (659,722
square feet), as recorded in County Clerks’ File No. 2018048675 of the Plat
Records of Brazoria County, Texas. (located at 3129 Kingsley Drive, Suite
1130). Conditional Use Permit Application No CUP22-26, for Automobile
Driving School use within the Kingsley Broadway Planned Development
(PD) District, at the request of Mary A. Monroy, applicant, on behalf of
BROP, LLC, owner, 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 Koza
to approve Resolution R2023-CUP 22-26.
Councilmember Kamkar made the motion, seconded by Councilmember Cade
to amend that the traffic patterns of the driving lessons be defined in conjunction
with staff.
AYES: Kamkar.
NAYS: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
The motion to amend failed.
Councilmember Kamkar made the motion, seconded by Councilmember Koza
to approve Resolution R2023-CUP 22-26.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion carried.
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X. CONSENT AGENDA
A. Consideration and Possible Action - Approval of minutes for the City
Council Regular Meeting held on January 9, 2023.
B. Pulled for discussion.
C. Pulled for discussion.
D. Consideration and Possible Action - Resolution No. R2023-28 - A
Resolution of The City Council of the City of Pearland, Texas, designating
Interim City Manager Trent Epperson, and/or his designee, to accept the
terms, conditions and award of funds from the Texas Water Development
Board Flood Mitigation Assistance Program, in the amount of $499,760.00,
for the elevation of two (2) severe repetitive loss, flood prone properties
located within the City limits.
E. Consideration and Possible Action - Resolution No. R2023-20 - A
Resolution of the City Council of the City of Pearland, Texas, amending an
Advanced Funding Agreement with the State of Texas, by deleting and
replacing Article 4. Scope of Work, Use of Project, and Project Location in
its entirety, for the Clear Creek Trail Project (Barry Rose Road to Pearland
Parkway at UHCL).
F. Consideration and Possible Action - Resolution No. R2023-25 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit price contract for utility chemicals to Polydyne Inc., in the estimated
amount of $200,000.00, for the period of January 24, 2023 through January
23, 2024.
G. Consideration and Possible Action - Resolution No. R2023-26 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit price contract for utility chemicals to DXI Industries, in the estimated
amount of $216,000.00, for the period of January 24, 2023 through January
23, 2024.
H. Consideration and Possible Action - Resolution No. R2023-9 - A Resolution
of the City Council of the City of Pearland, Texas, amending a service
contract for design services (Shadow Creek Parkway Landscaping, Street
Lighting and Sidewalks Project), with Gauge Engineering, LLC, in the
additional amount of $84,767.00 (total contract amount of $907,552.00).
I. Consideration and Possible Action - Resolution No. R2023-5 - 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 Buy Board for the purchase of fence/gate
repair, preventative maintenance and replacement services, in the
estimated amount of $83,000.00, from Foster Fence, LTD. for the period
beginning January 24, 2023 through January 23, 2024.
J. Pulled for discussion.
K. Consideration and Possible Action - Resolution No. R2023-14 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing
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the City Manager or his designee to participate in an interlocal cooperative
pricing arrangement with the Buy Board Purchasing System for the
purchase of twelve (12) watch-guard systems, in the estimated amount of
$153,480.00, from Motorola Solutions.
L. Consideration and Possible Action - Resolution No. R2023-15 - 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 Sourcewell for the purchase of automotive parts,
in the estimated amount of $200,000.00, from Auto Plus for the period
beginning January 24, 2023 through January 23, 2024.
M. Consideration and Possible Action - Resolution No. R2023-21 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract for the Woodcreek Park Bridge Project, to
Ballast Point Construction, Inc., in the amount of $217,495.10.
Mayor Pro Tem Carbone made the motion, seconded by Councilmember Cade
to adopt the Consent Agenda Items A through M, excluding items B, C, and J.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
XI. NEW BUSINESS CONTINUED
3. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 2000M-245 - 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 22.6277 acres
of land or 985,662 square feet, located in the H.T. & B.R.R. Co. Survey,
Abstract 547, Harris County, Texas, Said 22.6277 acre tract being out of
and a part of a called 8.7166 acre tract of record in the name of Magnolia
8.7166 Acres, L.P. in Brazoria County Clerk’s File Number 200913537,
being out of and a part of a called 22.4075 acre tract of record in the name
of Signature, Eubanks & Associates, Ltd. in Brazoria County Clerk’s File
Number 2006028088 and being all of Lot 2 in the Minor Plat of Magnolia
Commons, a subdivision duly of record in Document Number 2019059903
in the Map Records of Brazoria County, Texas; Said Lot 2 of record in the
name of Magnolia 15.512 Acres, Ltd. in Brazoria County Clerk’s File
Number 2007012458(located at the southwest quadrant of Magnolia
Parkway and Manvel Road). Zone Change Application No. ZONE 22-29, a
request by Sean Ratterree, CTC Residential, LLC., applicant, on behalf of
Signature Eubanks & Associates Ltd. and Magnolia 8.716 Acres Ltd.,
owner, for approval of a zone change from General Business (GB) 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.
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Councilmember Hernandez made the motion, seconded by Councilmember
Koza to approve the second and final reading of Ordinance No. 2000M-245.
Councilmember Hernandez made the motion to amend the proposed changes
to PD Regulations presented by staff, seconded by Mayor Pro Tem Carbone.
1. Amending the “Flex Building” allowed uses to state the following:
“Other uses not listed above but allowed in OP may be considered via
Conditional Use Permit”
2. On phasing schedule, the commercial pads in the design plan will be
platted at the same time as the apartment development; however, will be
developed separately from the balance of PD.
AYES: Carbone, Koza, Hernandez, Barry, and Owens.
NAYS: Kamkar and Cade.
The motion to amend carried.
Councilmember Hernandez made the motion, seconded by Councilmember
Koza to approve the second and final reading of Ordinance No. 2000M-245 as
amended.
AYES: Carbone, Koza, Hernandez, Barry, and Owens.
NAYS: Kamkar and Cade.
The motion carried.
4. Consideration and Possible Action - Resolution No. R2023-11 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with Cobb Fendley & Associates, Inc., for design services
associated with the FM 518 Utility Relocation Project (Broadway Street
from SH 288 to Old Chocolate Bayou Road), in the estimated amount of
$541,968.00.
Councilmember Cade made the motion, seconded by Councilmember Owens to
approve Resolution No. R2023-11.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
5. Consideration and Possible Action - Resolution No. R2023-23 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit price contract for utility chemicals to Hawkins Inc., in the estimated
amount of $1,228,500.00, for the period of January 24, 2023 through
January 23, 2024.
Robert Upton, Director of Engineering and Public Works answered questions
from the Council.
Councilmember Barry made the motion, seconded by Councilmember Cade
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to approve Resolution No. R2023-23.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
6. Consideration and Possible Action - Resolution No. R2023-24 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit price contract for utility chemicals to Univar Solutions, in the
estimated amount of $1,220,000.00, for the period of January 24, 2023
through January 23, 2024.
This item was pulled from the agenda.
7. Consideration and Possible Action - Resolution No. R2023-27 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit price contract for utility chemicals to G20 Technologies LLC, in the
estimated amount of $585,000.00, for the period of January 24, 2023
through January 23, 2024.
Councilmember Owens to make the motion, seconded by Councilmember
Hernandez to approve Resolution No. R2023-27.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
8. Consideration and Possible Action - Resolution No. R2023-16 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
an architectural services contract with Quorum Architects, associated with
the Hillhouse Road Annex Phase II and the Orange Street Service Center
Phase II Project, in the estimated amount of $2,388,800.00.
Councilmember Koza made the motion, seconded by Mayor Pro Tem Carbone.
to approve Resolution No. R2023-16.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion carried.
XII. MATTERS REMOVED FROM CONSENT AGENDA
B. Consideration and Possible Action - Resolution No. R2023-17 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the conveyance of certain real property, as described in Exhibit A, to the
Lower Kirby Pearland Management District ("LKPMD”) for the
construction and maintenance of regional drainage detention facilities.
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Councilmember Barry pulled this item for discussion.
Matt Buchanan, PEDC President, answered questions from the Council.
Councilmember Kamkar made the motion, seconded by Councilmember Koza
to approve Resolution R2023-17.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
C. Consideration and Possible Action - Resolution No. R2023-19 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
expenditures with McGriff Insurance Service, for additional windstorm
coverage associated with new structure additions, in the amount of
$87,350.00.
Councilmember Barry pulled this item for discussion.
Reno Wilkins, Risk Manager, and Melissa Sullinger, Assistant Director of Human
Resources, answered questions from the Council.
A representative from McGriff Insurance was present to answer questions from
the Council.
Mayor Pro Tem Carbone made the motion, seconded by Councilmember Barry
to approve Resolution No. R2023-19.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
J. Consideration and Possible Action - Resolution No. R2023-13 - 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 Houston-Galveston Area Council (HGAC) for
the purchase of one (1) camera van, in the estimated amount of
$247,314.00, from Chastang Ford.
Councilmember Kamkar pulled this for discussion.
Robert Upton, Director of Engineering and Public Works, spoke on this item.
Councilmember Hernandez made the motion, seconded by Councilmember
Koza to approve Resolution No. R2023-13.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
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The motion carried.
XIII. OTHER BUSINESS
There was no other business.
XIV. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were no items for discussion.
XV. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 9:01 p.m.
Section 551.071 - Consultation with Attorney - Regarding potential
litigation and audit associated with Fiscal Year 2023 Tax Calculations.
Conducted.
Section 551.074- Personnel Matters - Regarding City Boards and
Commissions.
Conducted.
Council returned from Executive Session at 10:10 p.m.
XVI. NEW BUSINESS CONTINUED
1. Consideration and Possible Action - Regarding potential litigation and
audit associated with Fiscal Year 2023 Tax Calculations.
No action taken.
2. Consideration and Possible Action - Regarding appointments to the
Boards and Commissions.
Mayor Pro Tem Carbone made the motion, seconded by Councilmember Koza
to appoint Mona Chavarria to the unexpired term of Position No. 3 to the
Pearland Economic Development Corporation.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
XVII. ADJOURNMENT
Mayor Cole adjourned the meeting at 10:11 p.m.
Minutes approved as submitted and/or corrected this 13th day of February 2023.
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City of Pearland, Texas
J.Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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