2023-02-20 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Minutes February 20, 2023
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
FEBRUARY 20, 2023
The City Council of Pearland, Texas convened in a meeting on Monday, February 20, 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 6:32 p.m.
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
Mayor Cole 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 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 Adrian Hernandez.
IV. CITIZEN COMMENTS
There were no citizen comments.
V. PUBLIC HEARING NO. 1
1. Public Hearing: A request by Richard Markus, applicant, on behalf of
Columns, Inc., owner, for approval of a Conditional Use Permit (CUP) to
allow the installation of a one hundred and four-foot (104’) tall wireless
communications tower on approximately 9.0476 acres of land within the
General Commercial (GC) District; to wit:
Legal Description: Lot 1, in Block 1, Minor Plat of 1011 Main Addition, a
subdivision in Brazoria County, Texas, according to the map or plat
recorded in Clerk’s File No. 2012009314 of the Official Records of Brazoria
County, Texas.
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Pearland City Council Minutes February 20, 2023
General Location: 1013 Main Street, Pearland, TX.
Mayor Cole opened the Public Hearing.
Presentation provided by Mohamed Bireima, Senior Planner.
Richard Markus, applicant, was present to share photos of the site and to answer
questions from the Council.
There were no citizen comments.
Mayor Cole closed the Public Hearing.
VI. NEW BUSINESS
1. Consideration and Possible Action - Resolution R2023-CUP 23-02 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow the installation of a hundred and
four-foot (104’) tall wireless communications tower on approximately
9.0476 acres of land within the General Commercial (GC) District, being
Lot 1, in Block 1, Minor Plat of 1011 Main Addition, a subdivision in
Brazoria County, Texas, according to the map or plat recorded in Clerk’s
File No. 2012009314 of the Official Records of Brazoria County, Texas
(located at 1013 Main Street, Pearland, TX). Conditional Use Permit
Application No CUP23-02, for the installation of a hundred and four-foot
(104’) tall wireless communications tower within the General Commercial
(GC) District, at the request of Richard Markus, applicant, on behalf of
Columns, Inc., owner, 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 Barry to
approve Resolution R2023-CUP 23-02.
AYES: Carbone, Koza, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion carried.
VII. CONSENT AGENDA
A. Consideration and Possible Action - Approval of minutes for the City
Council Special Meeting held on February 6, 2023, the City Council
Workshop Meeting, and the City Council Regular Meeting held on February
13, 2023.
B. Consideration and Possible Action - Resolution No. R2023-54 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a Development Agreement
with the Thottumkal Family Trust, for the provision of sanitary sewer
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Pearland City Council Minutes February 20, 2023
service to property located in the City’s Extraterritorial Jurisdiction (7514
Fite Road).
C. Pulled for discussion.
D. Consideration and Possible Action - Resolution No. R2023-49 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a Multiple Use Agreement with the State of Texas associated with the
sidewalk underpass crossing of FM 2234 (Shadow Creek Parkway).
E. Consideration and Possible Action - Resolution No. R2023-44 - 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 Choice Partners for the purchase of generator
enclosure heater installation services, in the estimated amount of
$152,888.08, from Generosity Services Inc.
F. Pulled for discussion.
Councilmember Kamkar made the motion, seconded by Councilmember Barry
to adopt the Consent Agenda items A-F, with the exception of C and F.
AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
VIII. MATTERS REMOVED FROM CONSENT AGENDA
C. Consideration and Possible Action - Resolution No. R2023-32 - A
Resolution of the City Council of the City of Pearland, Texas, second
amended contract for solid waste collection services with Frontier K2,
LLC.
Councilmember Joseph Koza recused himself from this item.
Councilmember Kamkar made the motion, seconded by Councilmember Cade
to approve Resolution No. R2023-32.
AYES: Carbone, Kamkar, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
F. Consideration and Possible Action - Resolution No. R2023-45 - A
Resolution of the City Council of the City of Pearland, Texas, awarding an
installation services contract for Standby Generator Monitoring Systems
to Climatec, LLC, in the estimated amount of $63,000.00.
Councilmember Kamkar pulled this item for discussion.
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Councilmember Kamkar made the motion, seconded by Mayor Pro Tem
Carbone to approve Resolution No. R2023-45.
Trent Epperson, Interim City Manager was present to answer questions from the
Council.
Eric Hammond, Assistant Director of Engineering and Public Works was present
to answer questions from the Council.
AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
IX. NEW BUSINESS CONTINUED
2. Consideration and Possible Action - Resolution No. R2023-12 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
Construction Manager at Risk contract (Barry Rose Water Reclamation
Facility Project) with McCarthy Building Companies in the additional
amount of $1,170,857.00 (total contract amount of $2,348,777.00) for pre-
construction services.
Mayor Pro Tem Carbone made the motion, seconded by Councilmember Koza
to approve Resolution No. R2023-12.
Trent Epperson, Interim City Manager was present to answer questions from the
Council.
AYES: Carbone, Koza, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion carried.
3. Consideration and Possible Action - Resolution No. R2023-53 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with Freese and Nichols, Inc., for design services associated
with the Barry Rose Water Reclamation Facility Expansion and the
Longwood Water Reclamation Facility Decommissioning Projects, in the
estimated amount of $13,373,691.00.
Councilmember Cade made the motion, seconded by Councilmember Barry to
approve Resolution No. R2023-53.
AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
4. Consideration and Possible Action - Resolution No. R2023-47 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with Cobb Fendley & Associates, Inc., for design services
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associated with the Sherwood Street Reconstruction Project, in the
estimated amount of $782,418.00.
Councilmember Barry made the motion, seconded by Councilmember Cade to
approve Resolution No. R2023-47.
AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
5. Staff Presentation with City Council Input and Discussion – Background,
Impact, and Options related to Corrections to Taxable Value relating to the
Adopted FY23 Budget and future FY24 Budget.
Nancy Rifler, 3205 Wheatmeadow Ct, stated her concerns about the tax deficit
and fees.
Eric Roche, Budget Officer, provided the budget presentation and was present
to answer questions from the Council.
Trent Epperson, Interim City Manager, provided the budget presentation and
was present to answer questions from the Council.
John Robuck, City's Financial Advisor, was present to answer questions from
the Council.
The next steps for staff include the following:
• Bond Refunding
• Complete ACFR (starting point for FY24 Budget)
• Evaluate early AV data with a consultant (data available in May)
• Continue to review and confirm the accuracy of the Tax Rate Scenario
Model
• Review and implement recommendations from the audit firm
• April/May Departments provide FY23 Projections for budget amendment
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X. OTHER BUSINESS
There was no other business.
XI. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were no items for discussion.
XII. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 8:12 p.m.
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Section 551.074- Personnel Matters - Regarding City Boards and
Commissions.
Conducted.
Section 551.072- Deliberations Regarding Real Property-
Deliberations regarding the Sale, Lease or Exchange of Real
Property.
Conducted.
Council returned from Executive Session at 8:31 p.m.
XIII.NEW BUSINESS CONTINUED
6.Consideration and Possible Action - Regarding appointments to the
Boards and Commissions.
Mayor Pro Tem Carbone made the motion, seconded by Councilmember
Kamkar to appoint Brad Kuhn to Position No. 6 of the Planning and Zoning
Commission for an unexpired term ending in November 2025 once it becomes
vacant.
AYES: Carbone, Koza, Kamkar, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
XIV.ADJOURNMENT
Mayor Cole adjourned the meeting at 8:31 p.m.
Minutes approved as submitted and/or corrected this 6th day of March 2023.
City of Pearland, Texas
J.Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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