2023-04-10 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Regular Meeting Minutes April 10, 2023
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
APRIL 10, 2023
The City Council of Pearland, Texas convened in a meeting on Monday, April 10, 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 Councilmember Cade 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
There were no citizen comments.
V. PUBLIC HEARING NO. 1
1. Public Hearing: A request by Clint Byrom, applicant, on behalf of
Crosspoint Church, owner, for approval of a Conditional Use Permit (CUP)
for a Sheltered Care Facility on approximately 1.4 acres of land located
within the General Business (GB) District, to wit:
Legal Description: A 1.354-acre tract of land, being the northeast and out
of Lot 1, in Block 1, Final Plat of Crosspoint Church, a subdivision in
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Pearland City Council Regular Meeting Minutes April 10, 2023
Brazoria County, Texas, according to the map or plat recorded in County
Clerks’ File No. 2012049197 of the Plat Records of Brazoria County, Texas.
General Location: Northeast Corner of 1134 Old Alvin Road.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
Clint Byrom, applicant, was present to answer questions from the Council.
Tom Allen, 1134 Old Alvin Road, stated he is in favor of the proposed CUP.
Mandy Benedix, 3102 Rainbow Court, stated she is in favor of the proposed
CUP.
Stacey Casey, 4119 Galloway, stated she is in favor of the proposed CUP.
Mayor Cole closed the Public Hearing.
VI. NEW BUSINESS
1. Consideration and Possible Action - Resolution R2023-CUP 23-07 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Sheltered Care Facility use within the
General Business (GB) District, on approximately 1.354 acres of land,
being the northeast and out of Lot 1, in Block 1, Final Plat of Crosspoint
Church, a subdivision in Brazoria County, Texas, according to the map or
plat recorded in County Clerks’ File No. 2012049197 of the Plat Records of
Brazoria County, Texas (located at the northeast corner of 1134 Old Alvin
Road). Conditional Use Permit Application No CUP23-07, for Sheltered
Care Facility use within the General Business (GB) District, at the request
of Clint Byrom, applicant, on behalf of Crosspoint Church, 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 23-07 with the following condition:
1. The proposed use shall be developed in substantial conformance with
the building size and character as presented in the applicant’s exhibits.
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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 Special Meeting held on March 27, 2023, and the City Council
Regular Meeting held on March 27, 2023.
B. Pulled for discussion.
C. Consideration and Possible Action - Resolution No. R2023-84 - A
Resolution of the City Council of the City of Pearland, Texas, appointing
members to the Pearland Convention & Visitors Bureau Advisory Board.
D. Pulled for discussion.
E. Consideration and Possible Action – Second and Final Reading of
Ordinance No. 532-8 - 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.
F. Consideration and Possible Action - Second and Final 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
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Pearland City Council Regular Meeting Minutes April 10, 2023
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
(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.
G. Consideration and Possible Action - Resolution No. R2023-87 - A
Resolution of the City Council of the City of Pearland, Texas, ("City")
responding to the application of CenterPoint Energy Resources Corp.,
d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas –
Texas Coast Division (CenterPoint), to increase rates under the Gas
Reliability Infrastructure Program; suspending the effective date of this
rate application for forty-five days; authorizing the City’s participation in a
coalition of cities known as the "Texas Coast Utilities Coalition of Cities"
(TCUC); requiring the reimbursement of costs; determining that the
meeting at which the resolution was adopted complied with the Texas
Open Meetings Act; making such other findings and provisions related to
the subject; and declaring an effective date.
H. Pulled for discussion.
I. Pulled for discussion.
J. Consideration and Possible Action - Resolution No. R2023-77 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
service and supply contract for water and wastewater treatment to Vector
Controls & Automation Group, in the estimated amount of $84,628.07, for
the period of April 11, 2023 through April 10, 2024.
K. Consideration and Possible Action - Resolution No. R2023-73 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
Chemical Feed Pump supply contract to Macauley Controls Company, in
the estimated amount of $110,850.00, for the period of April 11, 2023
through April 10, 2024.
L. Pulled for discussion. Councilmember Kamkar made the motion, seconded by Mayor Pro Tem
Carbone to adopt the Consent Agenda items A-L, with the exception of B, D, H,
I, and L.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
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XVI. NEW BUSINESS CONTINUED
2. Consideration and Possible Action – Second and Final 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
Hernandez to approve the second and final reading of Ordinance No. 1625.
Presentation was provided by Trent Epperson, Interim City Manager.
Councilmember Kamkar made the motion to amend the impact fee to $8,000.
The motion died for the lack of a second.
Councilmember Kamkar made the motion to amend the impact fee to $8,000.
The motion died for the lack of a second.
AYES: Carbone, Koza, Hernandez, Barry, and Owens.
NAYS: Kamkar and Cade.
The motion carried.
3. Presentation on the 5 Year IT Strategic Plan findings.
Trent Epperson, Interim City Manager introduced the 5-year IT Strategic Plan.
Dan McGhinnis, Chief Information Officer introduced Roy R. Hernandez and
Aymee Barajas with ThirdWave Corporation.
Roy R. Hernandez, President/CEO of ThirdWave Corporation, presented the
findings and results of the IT Strategic Plan.
XVII. MATTERS REMOVED FROM CONSENT AGENDA
B. Consideration and Possible Action - Resolution No. R2012-168-3 - A
resolution of the City Council of the City of Pearland, Texas, amending
R2012-168-2 as it applies to Section 2 (h), Membership Criteria for the
Convention and Visitors Bureau Advisory Board.
Councilmember Kamkar pulled this item for discussion.
Councilmember Hernandez made the motion, seconded by Councilmember
Cade to approve Resolution R2012-168-3.
Presentation was provided by Trent Epperson, Interim City Manager.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
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Pearland City Council Regular Meeting Minutes April 10, 2023
NAYS: None.
The motion carried.
D. Consideration and Possible Action - Resolution No. R2023-85 - A
Resolution of the City Council of the City of Pearland, Texas, updating and
approving the City's guidelines and criteria for granting tax abatements
within a reinvestment zone created in the City of Pearland, Brazoria
County, Fort Bend County, and Harris County, Texas; providing a savings
clause; providing a severability clause; and providing for an effective date.
Councilmember Kamkar pulled this item for discussion.
Councilmember Cade made the motion, seconded by Councilmember Koza to
approve Resolution R2023-85.
Presentation was provided by Trent Epperson, Interim City Manager.
Brian Malone, Vice President of Pearland Economic Development Corporation,
stated that the four businesses receiving abatements were Endress+Hauser,
Lonza, DI Properties/ Tool-Flow, and MultAlloy/ Texas Pipe.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
H. Consideration and Possible Action - Resolution No. R2023-82 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
professional services contract with Enprotec/Hibbs & Todd, for
construction phase services associated with the Bailey Water Treatment
Plant Improvement Project, in the additional amount of $71,260.00 (total
contract of $443,720.00).
Councilmember Barry pulled this item for discussion.
Councilmember Barry made the motion, seconded by Councilmember Cade to
approve Resolution R2023-82.
Presentation was provided by Trent Epperson, Interim City Manager.
AYES: Carbone, Hernandez, Cade, and Owens.
NAYS: Koza, Kamkar and Barry.
The motion carried.
I. Consideration and Possible Action - Resolution No. R2023-83 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Change Order with LEM Construction Company, Inc., in the amount of
$116,858.78 (total contract amount of $12,716,228.34), associated with the
Bailey Water Plant Improvement Project.
Councilmember Barry pulled this item for discussion.
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Pearland City Council Regular Meeting Minutes April 10, 2023
Councilmember Owens made the motion, seconded by Councilmember Barry to
approve Resolution R2023-83.
Presentation was provided by Trent Epperson, Interim City Manager.
AYES: Carbone, Kamar, Hernandez, Cade, and Owens.
NAYS: Koza and Barry.
The motion carried.
L. Consideration and Possible Action - Resolution No. R2023-86 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
supply contract for the purchase of Police Department Breaching Tools, in
the amount of $53,480.00, to Dana Safety Supply.
Councilmember Kamkar pulled this item for discussion.
Councilmember Koza made the motion, seconded by Mayor Pro Tem Carbone
to approve Resolution R2023-86.
Presentation was provided by Trent Epperson, Interim City Manager.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
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 8:53 p.m.
Section 551.071- Consultation with the City Attorney regarding legal
advice associated with the use of City facilities.
Conducted
Council returned from Executive Session at 9:32 p.m.
XXI. ADJOURNMENT
Mayor Cole adjourned the meeting at 9:32 p.m.
Minutes approved as submitted and/or corrected this the 24th day of April 2023.
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Pearland City Council Regular Meeting Minutes April 10, 2023
City of Pearland, Texas
J.Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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