2023-02-13 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Regular Meeting Minutes: February 13, 2023
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
FEBRUARY 13, 2023
The City Council of Pearland, Texas convened in a meeting on Monday, February 13, 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 in 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
Darrin Coker, City Attorney gave the Invocation and Troop #488 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 Joseph Koza.
IV. CITIZEN COMMENTS
Christy Sevier, Program Coordinator, Isaiah 117, spoke to inform the community on the
opening of the Isiaiah 117 house.
Kercia Levy, Legacy Community Development Liasion, spoke on bringing awareness to
the community about the Legacy Community Development program.
V. PUBLIC HEARING NO. 1
1. Public Hearing: A request by Everest Design Group LLC., Represented by
Sel Thint, applicant, on behalf of Adam & Malik Developer LLC., owner, for
approval of a Conditional Use Permit (CUP) to allow for a Gasoline Station
on approximately 2.0537 acres of land in the General Business (GB)
District, to wit:
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Pearland City Council Regular Meeting Minutes: February 13, 2023
Legal Description: Lot A, Block 1, Adam & Malik Developer, LLC Replat &
Extension, a subdivision of 2.0537 acres of land in the City of Pearland,
Texas, according to the Plat recorded in County Clerk’s File No.
2017033125 in the Plat Records of Brazoria County, Texas.
General Location: 3201 John Lizer Road, Pearland, Texas.
Mayor Cole opened the Public Hearing.
Presentation provided by Martin Griggs, Assistant Director of Community
Development.
Chris Herrod, representing the applicant, Sel Thint, provided and presentation
and was present to answer questions from the Council.
Nancy Rifler, 3205 Wheatmeadow Ct, reading on behalf of Lena Perez, who
opposed the proposed CUP.
Jimmy Davis, 5004 Colmesneil Drive, stated his concerns about the traffic that
the proposed gas station would bring to the area.
Alan Corley, HOA president, Pearland Park Estates, stated that he was in favor
of the proposed CUP.
Jeff Hunkele, 3912 Oakwood Dr. N, stated that he was not in favor of the
proposed CUP.
Dana Morrison, HOA president, Rivermist Subdivision, stated her concerns
about the proposed CUP and was in favor of it.
Linda Salminen, 4010 CLC N., stated that she was in favor of the proposed CUP.
Walid Roubi, 3213 Barry Moore Dr, stated his concerns about the traffic that the
proposed gas station would bring to the area.
Mayor Cole closed the Public Hearing.
VI. NEW BUSINESS
1. Consideration and Possible Action - Resolution R2023-CUP 22-03 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Gasoline Station use within the General
Business (GB) District,on approximately 2.0537 acres of land; being
described as Lot A, Block 1, Adam & Malik Developer, LLC Replat &
Extension, a subdivision of 2.0537 acres of land in the City of Pearland,
Texas, according to the Plat recorded in County Clerk’s File No.
2017033125 in the Plat Records of Brazoria County, Texas (located at 3201
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Pearland City Council Regular Meeting Minutes: February 13, 2023
John Lizer Road, Pearland, Texas). Conditional Use Permit Application No
CUP22-03, for Gasoline Station use within the General Business (GB)
District, at the request of Everest Design Group, LLC., represented by Sel
Thint, applicant, on behalf of Adam & Malik Developer, 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 Barry
to approve Resolution R2023-CUP 22-03.
Mayor Pro Tem Carbone made the motion, seconded by Councilmember Owens
to amend the Resolution and to add in staff's comments.
1. The exterior building facades shall be developed in substantial
conformance with materials as depicted in facade renderings.
2. The enhanced landscape plan shall be developed in substantial
conformance with the materials as depicted in the applicant packet.
AYES: Carbone, Hernandez, Barry, and Owens.
NAYS: Kamkar and Cade.
The motion to amend carried.
Councilmember Kamkar made the motion, seconded by Councilmember Barry
to approve Resolution R2023-CUP 22-03 as amended.
AYES: Carbone, Barry, and Owens.
NAYS: Cole, Kamkar, Hernandez, and Cade.
The amended motion failed.
VII. PUBLIC HEARING NO. 2
2. Public Hearing: A request by GMS Connects LLC, applicant, on behalf of
G & G Partners Development, owner, for approval of a Conditional Use
Permit (CUP) for Assisted Living use on approximately 9.6135 acres of
land within the Neighborhood Service (NS) District, 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.
General Location: 3205 Dixie Farm Road, Pearland, TX.
Mayor Cole opened the Public Hearing.
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Pearland City Council Regular Meeting Minutes: February 13, 2023
Presentation provided by Martin Griggs, Assistant Director of Community
Development.
Chris Herrod, representing the applicant, Sel Thint, was present to answer
questions from the Council.
Sel Thint, applicant, was present to answer questions from the Council.
Don and Tony Giuliana, G and G Partners, was present to answer questions
from the Council.
Lawrence Provins, Deputy City Attorney, was present to answer questions from
the Council.
Richard Ornelas, 3522 Pinechase Dr, stated that he was not in favor of the
proposed CUP.
Angela Ornelas, 3522 Pinechase Dr, stated that she was not in favor of the
proposed CUP.
Mayor Cole closed the Public Hearing.
VIII. NEW BUSINESS
2. Consideration and Possible Action - Resolution R2023-CUP 22-25 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Assisted Living use within the
Neighborhood Service (NS) District, on approximately 9.6135 acres of land,
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, TX). Conditional Use Permit Application No CUP22-25, for
Assisted Living use within the Neighborhood Service (NS) District, at the
request of GMS Connects LLC, applicant, on behalf of G & G Partners
Development, 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
Hernandez to approve Resolution R2023-CUP 22-25.
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Pearland City Council Regular Meeting Minutes: February 13, 2023
Mayor Pro Tem Carbone made the motion, seconded by Councilmember
Hernandez to amend the resolution so the site plan can be added along with the
following recommendations from staff and Council.
1. The proposed use shall be constructed in substantial conformance to the
architectural style and materials in the renderings provided by the
applicant.
2. The assisted living facility shall be placed on the site as per the provided
site plans.
3. No use except park or open space shall be allowed in the area east of
the pipeline and shall be platted as a reserve dedicated to park or open
space. If development is desired, then an amendment to this CUP shall
be required.
AYES: Carbone, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion to amend carried.
Mayor Pro Tem Carbone made the motion, seconded by Councilmember
Hernandez to approve Resolution R2023-CUP 22-25 as amended.
AYES: Carbone, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion as amended carried.
IX. CONSENT AGENDA
A. Consideration and Possible Action - Approval of minutes for the City
Council Regular Meeting held on January 23, 2023.
B. Consideration and Possible Action - Resolution No. R2023-35 - A
Resolution of the City Council of the City of Pearland, Texas, appointing
members to various City Boards.
C. Consideration and Possible Action - Resolution No. R2023-36 - A
Resolution of the City Council of the City of Pearland, Texas, amending the
Council Meeting times and dates for 2023.
D. Consideration and Possible Action - Resolution No. R2023-41 - A
Resolution of the City Council of the City of Pearland, Texas, ordering a
General Election to be held on the 6th day of May 2023, establishing the
procedure; and providing for other related matters related thereto.
E. Consideration and Possible Action - Second & Final 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,
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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.
F. Consideration and Possible Action - Resolution No. R2023-33 - A
Resolution of the City Council of the City of Pearland, Texas, approving
the Fifth Amended Corporate Bylaws of the Pearland Economic
Development Corporation.
G. Consideration and Possible Action - Resolution No. R2023-29 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into an interlocal agreement with
Brazoria County for the annual collection and assessment of City taxes.
H. Consideration and Possible Action - Resolution No. R2023-8 - A Resolution
of the City Council of the City of Pearland, Texas, authorizing a Software
Maintenance Service Contract (City Works AMS and City Works PLL) with
SHI, using the Omnia Partners purchasing cooperative, in the amount of
$177,315.00 for Fiscal Year 2023.
I. Consideration and Possible Action - Resolution No. R2023-37 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate in The Interlocal
Purchasing System’s cooperative purchasing agreement for the purchase
of Software Implementation Services with New Edge, in the amount of
$411,657.50, for Fiscal Year 2023.
J. Consideration and Possible Action - Resolution No. R2023-38 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into an amended Subrecipient
Agreement, in the additional amount of $271,049.00 (total amount of
$821,049.00), with Counseling Connections for Change for the acquisition
of real property located at 2549 Roy Road in Pearland Texas, Property
Identification Number 175675.
K. Consideration and Possible Action - Resolution No. R2023-40 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
contract to utilize American Rescue Plan Act (ARPA) funds for the
purchase of five (5) lift gates, to Southwest Truck Rigging and Equipment,
in the estimated amount of $85,895.00.
L. Consideration and Possible Action - Resolution No. R2023-31 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
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Pearland City Council Regular Meeting Minutes: February 13, 2023
the Lower Kirby Pearland Management District (“District”) to issue and sell
bonds (no City of Pearland bond obligations), totaling $6,220,000.00, for
certain water and drainage projects (Fruge Road east of Kirby Drive, East
Detention Pond 2, Conveyance 2 Diversion Channel and regional detention
land acquisition) in the District.
M. Consideration and Possible Action - Resolution No. R2023-30 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
unit price contract for utility chemicals with Hawkins, Inc., in the estimated
amount of $260,700.00 (total amount of $, 1,489,200.00) for the period of
February 14, 2023 through January 23, 2024.
N. Consideration and Possible Action - Resolution No. R2023-43 - A
Resolution of the City Council of the City of Pearland, Texas, setting a
public hearing for March 27, 2023 at 6:30 p.m. regarding amendments to
the Land Use Assumptions and Capital Improvements Plan associated
with a proposed Impact Fee increase.
Councilmember Hernandez made the motion, seconded by Councilmember
Cade to adopt the Consent Agenda Items A through N.
AYES: Carbone, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
X. NEW BUSINESS CONTINUED
1. Consideration and approval of Resolution No. R2023-42 - A Resolution
calling a Bond Election to be held within the City of Pearland, Texas;
making provisions for the conduct and the giving of notice of the Bond
Election; and containing other provisions related thereto.
Robert Upton, Director of Engineering and Public Works provided and
presentation and was present to answer questions from the Council.
Trent Epperson, Interim City Manager, provided and presentation and was
present to answer questions from the Council.
Joe Lovell, 2805 Shawood Ln, stated his issues with projects being paid for by
taxpayers.
Ted Bryant, Pearland Soccer, stated that he was in favor of the proposed 2023
Bond Package.
Paul Eskine, 2519 Park Ave, stated that he was in favor of the proposed 2023
Bond Package.
John Robuck, City's Financial Advisor, was present to answer questions from
the Council.
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Rick Witte, Partner, Orrick, was present to answer questions from the Council.
Councilmember Cade made the motion, seconded by Councilmember Barry to
approve Resolution No. R2023-42.
AYES: Carbone, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
2. 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 $940,750.00, for the period of February 14, 2023
through January 23, 2024.
Councilmember Barry made the motion, seconded by Councilmember Owens to
approve Resolution No. R2023-24.
AYES: Carbone, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
3. Consideration and Possible Action - Resolution No. R2023-39 - A
Resolution of the City Council of the City of Pearland, Texas authorizing a
consultant services contract with Strategic Government Resources, in the
estimated amount of $36,750.00, to audit the City’s tax calculation process
and make best practices recommendations.
Councilmember Owens to make the motion, seconded by Councilmember Cade
to approve Resolution No. R2023-39.
AYES: Carbone, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
XI. MATTERS REMOVED FROM CONSENT AGENDA
There were no items removed.
XII. OTHER BUSINESS
There was no other business.
XIII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were no items for discussion.
XIV. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 9:32 p.m.
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Section 551.071 - Consultation with Attorney - Regarding legal
consultation associated with Jurisdictional Boundaries.
Conducted.
Section 551.072 - Deliberations Regarding Real Property- Deliberations
regarding the sale, purchase, lease or exchange of real property.
Conducted.
Council returned from Executive Session at 10:20 p.m.
XV.ADJOURNMENT
Mayor Cole adjourned the meeting at 10:20 p.m.
Minutes approved as submitted and/or corrected this 20th day of February 2023.
City of Pearland, Texas
J.Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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