2023-03-27 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Regular Meeting Minutes March 27, 2023
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 27, 2023
The City Council of Pearland, Texas convened in a meeting on Monday, March 27, 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
Councilmember Hernandez gave the Invocation and Councilmember Barry 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
Stephanie Tanner, 3101 Patricia Lane, for Senator Mayes Middleton, gave a Senator
Resolution No. 213, recognizing February 22, 2023, as Pearland Day at the State
Capitol.
John Jasso, 612 W. Mino SA, requested the City of Pearland to host the 2024 Brazoria
County Veteran’s Day Parade.
Jimmy Davis, 5004 Colmesneil Drive, expressed concerns about the tax rate and the
budget.
Marty Shroyer, 2901 Amanda Lee Dr., discussed the water line and meter size issues
at his home.
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Pearland City Council Regular Meeting Minutes March 27, 2023
Vasily Ignatyev, 3202 London Ct., discussed the spelling of street names within the city
of Pearland.
V. PUBLIC HEARING NO. 1
1. Public Hearing: A request by Katherine Beckett, HDR Inc, applicant, on
behalf of Healgen Scientific LLC., owner, for approval of a zone change
from Light Industrial (M-1) District to Planned Development (PD) District,
incorporating approximately 6.4566 acres of land into the LNR Clear Creek
Planned Development and including proposed deviations to PD
regulations associated with the subject property, to wit:
Legal Description: 6.4566 acres of land out of the James Hamilton Survey,
Abstract No. 876 in Harris County, Texas, same being part of Lots 13½ and
20 of Block F of Allison-Richey Gulf Coast Home Company Suburban
Gardens Subdivision, the plat of which is recorded in Volume 3, Page 40
of the Harris County Map Records.
General Location: Southwest Corner of Sam Houston Parkway West and
Hooper Road.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
David Day, Science Principal with HDR, Inc. was present 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 - First Reading of Ordinance No.
2000M-247 - 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 described as 6.4566 acres of land out of the James
Hamilton Survey, Abstract No. 876 in Harris County, Texas, same being
part of Lots 13½ and 20 of Block F of Allison-Richey Gulf Coast Home
Company Suburban Gardens Subdivision, the plat of which is recorded in
Volume 3, Page 40 of the Harris County Map Records (located at the
southwest corner of Sam Houston Parkway West and Hooper Road). Zone
Change Application No. ZONE 22-32, a request by Katherine Beckett, HDR
Inc, applicant, on behalf of Healgen Scientific LLC., owner, for approval of
a zone change from Light Industrial (M-1) District to Planned Development
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Pearland City Council Regular Meeting Minutes March 27, 2023
(PD) District, incorporating approximately 6.4566 acres of land into the
LNR Clear Creek Planned Development and including proposed deviations
to PD regulations associated with the subject property; 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 Mayor Pro Tem Carbone
to approve Ordinance No. 2000M-247.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
VII. PUBLIC HEARING NO. 2
2. Public Hearing: A request by Harrell Architects, LP, applicant, on behalf of
Kevin Caplan representing Pearland Senior Living, LTD, owner, for
approval of a Conditional Use Permit (CUP) to allow for the expansion of
an assisted living facility on approximately 1.372 acres of land within the
Province Village Planned Development (PD) District; to wit:
Legal Description: Lot “B1”, in Block 1, Amending Plat No. 3 Province
Village Drive Office Park and Reserves, a subdivision in Brazoria County,
Texas, according to the map or plat recorded in Clerk’s File No.
2019027139 of the Official Records of Brazoria County, Texas.
General Location: 2900 Province Village Drive, Pearland, TX.
Mayor Cole opened the Public Hearing.
Presentation provided by Martin Griggs, Assistant Director, Community
Development.
Applicant was present to answer questions from the Council.
There were no citizen comments.
Mayor Cole closed the Public Hearing.
VIII. NEW BUSINESS
2. Consideration and Possible Action - Resolution R2023-CUP 23-05 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for the expansion of an Assisted Living use
within the Province Village Planned Development (PD) District on
approximately 1.372 acres of land, being described as Lot “B1”, in Block
1, Amending Plat No. 3 Province Village Drive Office Park and Reserves, a
subdivision in Brazoria County, Texas, according to the map or plat
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Pearland City Council Regular Meeting Minutes March 27, 2023
recorded in Clerk’s File No. 2019027139 of the Official Records of Brazoria
County, Texas (located at 2900 Province Village Drive, Pearland, TX).
Conditional Use Permit Application No CUP23-05, for Assisted Living use
within the Province Village Planned Development (PD) District, at the
request of Harrell Architects, LP, applicant, on behalf of Kevin Caplan
representing Pearland Senior Living, LTD, 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 Cade
to approve Resolution R2023-CUP 23-05.
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 Adil Zahir, applicant, on behalf of Riyaz
Maknojia representing Fondren Real Estate, LLC, owner, for approval of a
Conditional Use Permit (CUP) for Gasoline Station (With or Without Auto
Wash–Self Service) use within the General Commercial (GC) District, to
accommodate a fueling station associated with a proposed convenience
store and retail shop, on approximately 2.3973 acres of land, to wit:
Legal Description: Being 2.3973 acres of land situated in the R.B. Lyle
Survey, Abstract No. 543, City of Pearland, Brazoria County, Texas, being
a portion of that certain called 13.3897 acres of land described in deed and
recorded in the Official Public Records of Real Property in Brazoria
County, Texas, under County Clerk’s File No. 2021009685, also being a
portion of that certain Tract 56, Section 4 of W. Zychlinski Subdivision, a
subdivision as shown on map or plat recorded under Volume 29, Page 43
of the Deed Records of Brazoria County, Texas.
General Location: Northwest Corner of Mykawa Road and the Future
Extension of McHard Road.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
Riyaz Maknojia, applicant, was present to answer questions from the Council.
There were no citizen comments.
Mayor Cole closed the Public Hearing.
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XI. PUBLIC HEARING NO. 4
4. Purpose of Hearing – To Consider an Amendment of the Land Use
Assumptions and Capital Improvements Plan and the Imposition of Water
and Sewer Impact Fees In The City Limits.
Mayor Cole opened the Public Hearing.
Presentation was provided by Trent Epperson, Interim City Manager and Kendall
Ryan, Professional Engineer with Freese Nichols, Inc. (FNI)
There were no citizen comments.
Mayor Cole closed the Public Hearing.
XII. NEW BUSINESS
4. Consideration and Possible Action – First Reading of Ordinance No. 1625
- An Ordinance of the City Council of the City of Pearland, Texas, revising
the Capital Improvements Plan for the City of Pearland; updating impact
fees in accordance with State Law; making certain findings; providing a
penalty for violation; containing a savings clause, a severability clause
and a repealer clause; providing for publication, codification and an
effective date.
Mayor Pro Tem Carbone made the motion, seconded by Councilmember Cade
to approve Ordinance No. 1625.
Councilmember Kamkar made the motion to amend the impact fee to $8,999.
The motion died for the lack of a second.
Mayor Cole stated a reduction in the impact fee would cause a rate increase for
existing customers.
Councilmember Barry made the motion, seconded by Councilmember Koza to
amend the ordinance to allow businesses up to four months to pay the impact
fee, not to exceed the issuance date of the certificate of occupancy.
AYES: Carbone, Koza, Cade, Barry, and Owens.
NAYS: Kamkar, Hernandez.
The motion carried.
Mayor Pro Tem Carbone made the motion, seconded by Councilmember
Hernandez to include the following two recommendations from the Capital
Improvements Advisory Committee (CIAC):
1. The CIAC requested for FNI to update the impact fee study to incorporate
the most recent Future Land Use Plan (approved in January) as part of
the ongoing Pearland2040 Comprehensive Plan.
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2. The CIAC recommended for the impact fee ordinance to contain
provisions to exclude fire meters from water impact fee assessment.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion carried.
Mayor Pro Tem Carbone made the motion, seconded by Councilmember Cade
to approve Ordinance No. 1625 as amended.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: Kamkar.
The motion carried.
X. NEW BUSINESS
3. Consideration and Possible Action - Resolution R2023-CUP 23-06 - 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
Commercial (GC) District, to accommodate a fueling station associated with
a proposed convenience store and retail shop, on 2.3973 acres of land
situated in the R.B. Lyle Survey, Abstract No. 543, City of Pearland, Brazoria
County, Texas, being a portion of that certain called 13.3897 acres of land
described in deed and recorded in the Official Public Records of Real Property
in Brazoria County, Texas, under County Clerk’s File No. 2021009685, also
being a portion of that certain Tract 56, Section 4 of W. Zychlinski Subdivision,
a subdivision as shown on map or plat recorded under Volume 29, Page 43 of
the Deed Records of Brazoria County, Texas (located at the northwest corner
of Mykawa Road and the Future Extension of McHard Road). Conditional Use
Permit Application No CUP23-06, for Gasoline Station use within the General
Commercial (GC) District, at the request of Adil Zahir, applicant, on behalf of
Riyaz Maknojia representing Fondren Real Estate, LLC, owner, containing a
savings clause, a severability clause, and an effective date and other
provisions related to the subject.
Councilmember Hernandez made the motion, seconded by Councilmember Barry
to approve R2023-CUP 23-06.
Mayor Pro Tem Carbone made the motion, seconded by Councilmember Cade to
amend the resolution, and add the following conditions:
1. The exterior building facades shall be developed in substantial conformance
with materials as depicted in façade renderings.
2. Vegetative screening consisting of a 3’ hedge row with 2” caliper trees every
30’ of property line shall be provided to screen the subject property from the
residential property along the north boundary.
3. No tractor-trailers (18-wheelers) except for delivery, all other Heavy Load
Vehicles are limited to one- hour stay.
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AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
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Pearland City Council Regular Meeting Minutes March 27, 2023
Councilmember Hernandez made the motion, seconded by Councilmember Barry
to approve R2023-CUP 23-06 as amended.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
XV. CONSENT AGENDA
A. Consideration and Possible Action - Approval of minutes for the City
Council Regular Meeting held on March 6, 2023, and the Comprehensive
CIP Budget Workshop held on March 20, 2023.
B. Consideration and Possible Action - Resolution No. R2023-81 - A
Resolution of the City Council of the City of Pearland, Texas, ratifying the
City Manager’s appointment of Patrick Lopez to Position No. 2 of the Civil
Service Commission for the remainder of the term expiring October 31,
2023.
C. Consideration and Possible Action - Resolution No. R2023-75 - A
Resolution of the City Council of the City of Pearland, Texas, accepting the
City’s Investment Report for the quarter ending December 2022.
D. Consideration and Possible Action - Resolution No. R2023-70 - 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, for
the cooperative purchase of goods and services, with the City of Quinlan,
Texas.
E. Consideration and Possible Action – Second & Final Reading of Ordinance
No. 1624 - An Ordinance of the City Council of the City of Pearland, Texas,
authorizing the issuance of City of Pearland, Texas, permanent
improvement refunding bonds in one or more series; 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 and
provisions relating thereto.
F. Consideration and Possible Action - Resolution No. R2023-57- 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 Interlocal Purchasing System (West
Pearland Library Teaching Theater), for the purchase of Video
Conferencing Equipment, in the estimated amount of $75,725.93, from
Data Vox, Inc.
G. Consideration and Possible Action - Resolution No. R2023-71 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with Leaf Engineers, for design services associated with the
Country Place and Garden Road Water Well Generator Project, in the
estimated amount of $111,308.00.
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Pearland City Council Regular Meeting Minutes March 27, 2023
H. Consideration and Possible Action - Resolution No. R2023-68 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a professional service contract with 65th North Group, for internal control
and vulnerability assessment services, in the estimated amount of
$96,090.00.
I. Consideration and Possible Action - Resolution No. R2023-69 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a professional service contract with Infrastructure Management Services,
associated with roadway data collection services, in the estimated amount
of $353,130.00.
J. Consideration and Possible Action - Resolution No. R2023-78 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
supply contract for tree maintenance services with Advanced Landscape
Solutions, LLC, in the additional amount of $153,225.00 (total amount of
$388,225.00) for the period of December 15, 2022, through December 14,
2023.
Councilmember Cade made the motion, seconded by Mayor Pro Tem Carbone
to adopt the Consent Agenda items A-J.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
XVI. NEW BUSINESS CONTINUED
5. Consideration and Possible Action- R2023-76 - A Resolution of the City
Council of the City of Pearland, Texas, adopting the City of Pearland
Strategic Priorities promulgated during the City's 2023 Strategic Planning
Retreat.
Councilmember Barry made the motion, seconded by Councilmember Cade to
approve Resolution R2023-76.
Presentation was provided by Trent Epperson, Interim City Manager.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
6. Consideration and Possible Action – First Reading of Ordinance No. 527-
8 - An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 532, the Flood Damage Prevention Ordinance;
providing a penalty for violation; having a savings clause, a repealer
clause, a severability clause; providing for publication and an effective
date.
Councilmember Owens made the motion, seconded by Councilmember Barry to
approve the first reading of Ordinance No. 527-8.
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Pearland City Council Regular Meeting Minutes March 27, 2023
Presentation was provided by Trent Epperson, Interim City Manager.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
Councilmember Koza was off the dais.
The motion carried.
7. Consideration and Possible Action - Resolution No. R2023-80 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract (Old Town Site and Barry Rose Sanitary
Sewer Rehabilitation) to Texas Pride Utilities, LLC., in the amount of
$2,880,121.00.
Councilmember Kamkar made the motion, seconded by Councilmember Barry
to approve Resolution R2023-80.
Presentation was provided by Trent Epperson, Interim City Manager.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens
NAYS: None.
The motion carried.
8. 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.
Presentation was provided by Trent Epperson, Interim City Manager and Rachel
Wynslow, Interim Budget Officer.
XVII. MATTERS REMOVED FROM CONSENT AGENDA
There were no items removed from Consent Agenda.
XVIII. OTHER BUSINESS
There were no other business items.
XIX. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were no issues to discuss.
XX. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 9:36 p.m.
Section 551.072- Deliberations regarding the Sale, Purchase, Lease or
Exchange of Real Property.
Conducted
Council returned from Executive Session at 10:07 p.m.
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Pearland City Council Regular Meeting Minutes March 27, 2023
XXI.ADJOURNMENT
Mayor Cole adjourned the meeting at 10:07 p.m.
Minutes approved as submitted and/or corrected this 10th day of April 2023.
City of Pearland, Texas
J.Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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