2023-05-08 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Regular Meeting Minutes May 08, 2023
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
MAY 8, 2023
The City Council of Pearland, Texas convened in a meeting on Monday, May 8, 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 6:40 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 Hernandez 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
City Manager Trent Epperson
City Attorney Darrin Coker
City Secretary Frances Aguilar
All members were present.
IV. CITIZEN COMMENTS
Carol Krenzke, 2659 Katie Harbor, Manvel, for Friends of Pearland Westside Library,
spoke regarding the annual report.
V. PUBLIC HEARING NO. 1
Public Hearing: A request by Graham Williams, applicant, and owner, for
approval of a Conditional Use Permit (CUP) for a Light Manufacturing
Process use on approximately 1.2626 acres of land located within the
Garden/O’Day-Mixed Use (G/O-MU) District, to wit:
Legal Description: Lot 9 and Lot 10, in Block 3 of Hickory Creek Place, a
subdivision in Brazoria County, Texas, according to the map or plat
thereof, recorded in Volume 11, Page 1-2 of the Plat Records of Brazoria
County, Texas.
General Location: 2054 and 2106 O’Day Road.
DocuSign Envelope ID: 3FF3662B-C14F-4118-9A5C-C91449555705
Pearland City Council Regular Meeting Minutes May 08, 2023
Mayor Cole opened the Public Hearing.
Presentation was provided by Mohamed Bireima, Senior Planner.
Graham Williams and Rich Chamness, owners, were present to answer
questions from Council.
Mayor Cole closed the Public Hearing.
VI. NEW BUSINESS
Consideration and Possible Action - Resolution R2023-CUP 23-09 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Light Manufacturing Process use within
theGarden/O’Day-Mixed Use (G/O-MU) District, on approximately 1.2626
acres of land, being described as Lot 9 and Lot 10, in Block 3 of Hickory
Creek Place, a subdivision in Brazoria County, Texas, according to the
map or plat thereof, recorded in Volume 11, Page 1-2 of the Plat Records
of Brazoria County, Texas (located at 2054 and 2106 O’Day Road, Pearland,
TX). Conditional Use Permit Application No CUP23-09, for Light
Manufacturing Process use within the Garden/O’Day-Mixed Use (G/O-MU)
District, at the request of Graham Williams, applicant, and 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 23-09 with the following conditions:
1. All on-site business conducted in conjunction with the proposed use shall
be conducted within fully enclosed buildings.
2. Outside storage shall be prohibited in conjunction with the proposed use
unless otherwise permitted by CUP.
3. Adequate vegetative screening shall be provided adjacent to the
residential homes along the west property in accordance with the
requirements of the Code.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
VII. CONSENT AGENDA
A. Consideration and Possible Action - Approval of minutes for the City
Council Special Meeting held on April 24, 2023, and the City Council
Regular Meeting held on April 24, 2023.
B. Consideration and Possible Action - Resolution No. R2023-106 -A
Resolution of the City Council of the City of Pearland, Texas (“City”)
denying the Distribution Cost Recovery Factor Rate request of Texas-New
DocuSign Envelope ID: 3FF3662B-C14F-4118-9A5C-C91449555705
Pearland City Council Regular Meeting Minutes May 08, 2023
Mexico Power Company made on or about April 5, 2023; authorizing
participation in a coalition of similarly situated cities; authorizing
participation in related rate proceedings; requiring the reimbursement of
municipal rate case expenses; authorizing the retention of special
counsel; finding that the meeting complies with the Open Meetings Act;
making other findings and provisions related to the subject; and declaring
an effective date.
C. Consideration and Possible Action - Resolution No. R2023 - 107 - A
Resolution of the City Council of the City of Pearland, Texas (“City”)
denying the Distribution Cost Recovery Factor Rate request of CenterPoint
Energy Houston Electric, LLC, and its increase in rates under its “Rider
TEEEF” application made on or about April 5, 2023; authorizing
participation in a coalition of similarly situated cities; authorizing
participation in related rate proceedings; requiring the reimbursement of
municipal rate case expenses; authorizing the retention of special
counsel; finding that the meeting complies with the Open Meetings Act;
making other findings and provisions related to the subject; and declaring
an effective date.
D. Consideration and Possible Action - Resolution R2023 - 113 - A Resolution
of the City Council of the City of Pearland, Texas, approving participation
in the Harris County Precinct 2 Partnership Project, requesting $4,880,634
towards the total cost of the expansion of Hughes Road in Pearland, Texas.
E. Consideration and Possible Action - Resolution No. R2023-88 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
an Addendum to the Development Agreement with Sullivan Brothers
Builders LTD. and an Amendment to the related Reimbursement
Agreement with the Pearland Economic Development Corporation, in the
amount of $109,900.00, associated with the construction and funding of
streetscape improvements to serve portions of the Pearland Old Townsite.
F. Consideration and Possible Action - Resolution No. R2023-79 - A
Resolution of the City Council of the City of Pearland, Texas, amending an
employee uniform supply contract with Cintas Corporation, in the
additional amount of $116,189.00 (total contract of $156,189.00), for the
period of June 6, 2022, through June 5, 2025.
G. Consideration and Possible Action - Resolution No. R2023-64 - 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 unit supply purchase of Police and Fire Department Radio Equipment,
in the estimated amount of $70,483.62, from Motorola Solutions, Inc.
H. Consideration and Possible Action - Resolution No. R2023-100 - A
Resolution of the City Council of the City of Pearland, Texas, approving
Change Order with James Construction Group, LLC., in the amount of
$89,346.16 (total contract amount of $29,824,620.51), associated with
traffic signal modifications for the McHard Road Extension Project.
DocuSign Envelope ID: 3FF3662B-C14F-4118-9A5C-C91449555705
Pearland City Council Regular Meeting Minutes May 08, 2023
I. Consideration and Possible Action - Resolution No. R2023-109 - A
Resolution of the City Council of the City of Pearland, Texas, ratifying
expenditures with Napco Chemical Company, Inc., for chemical supplies
associated with Wastewater and Water Production, in the amount of
$120,000.00 (total contract amount of $668,850.00).
J. Consideration and Possible Action - Resolution No. R2023-102 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with Jones Engineering Solutions, for design services
associated with the Cullen Water Plant Elevated Storage Tank, Southeast
Elevated Storage Tank, and the Magnolia Ground Storage Tank Projects,
in the estimated amount of $74,550.00.
K. Consideration and Possible Action - Resolution No. R2023-104 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
contract for the purchase of an autonomous field painter from Turf Tank
(Sports Complex at Shadow Creek Ranch, Phase II), in the estimated
amount of $52,700.00.
L. Consideration and Possible Action - Resolution No. R2023-110 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
additional expenditures for EMS billing services with EMS Management &
Consultants, in the additional amount of $39,000.00 (total contract of
$201,500.00), for the period of January 1, 2022, through December 31, 2022.
M. Consideration and Possible Action - Resolution No. R2023-108 - A
Resolution of the City Council of the City of Pearland, Texas, ratifying
expenditures with Sprint Waste Services, LP, for dewatered bio-solids
transportation and disposal services, in the amount of $65,000.00 (total
contract amount of $685,000.00).
N. Consideration and Possible Action - Resolution No. R2023-103 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with RPS Group, for professional services associated with the
Hickory Slough Sportsplex Detention Pond, Phase 2 and Hickory Slough
Detention Storm Water Pump Generator Project, in the estimated amount
of $492,027.00.
O. Consideration and Possible Action - Resolution No. R2023-101 - 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 plumbing
replacement services associated with the Public Safety Building
Detainment Area, in the estimated amount of $369,134.10, from Generosity
Services Inc.
Councilmember Kamkar made the motion, seconded by Councilmember Cade
to adopt the Consent Agenda items A-O.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
DocuSign Envelope ID: 3FF3662B-C14F-4118-9A5C-C91449555705
Pearland City Council Regular Meeting Minutes May 08, 2023
VIII. NEW BUSINESS CONTINUED
2. Consideration and Possible Action - Resolution No. R2023-112 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the termination of an interlocal agreement and authorizing a Facility Use
Agreement with the Pearland Independent School District (“PISD”),
associated with the joint use of the City’s Natatorium.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza
to approve Resolution R2023-112.
Presentation was provided by Trent Epperson, City Manager.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
3. Consideration and Possible Action - Resolution No. R2023 - 105 - A
Resolution of the City Council of the City of Pearland, Texas, accepting the
City’s annual comprehensive financial report for fiscal year 2022 and the
accompanying independent audit as presented by the accounting firm of
FORVIS.
Pulled from the agenda.
4. Consideration and Possible Action - Resolution No. R2023-111 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
professional services contract with FORVIS, associated with the City’s
annual comprehension financial report, in the additional amount of
$87,970.00 (total contract of $217,000.00).
Pulled from the agenda.
5. Consideration and Possible Action - Resolution No. R2023-95 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract for the Bailey Road Expansion Project
(Veterans Drive to SH 35) to R Construction Civil, LLC., in the amount of
$13,559,439.11.
Councilmember Hernandez made the motion, seconded by Councilmember
Cade to approve Resolution R2023-95.
Presentation was provided by Trent Epperson, City Manager.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
DocuSign Envelope ID: 3FF3662B-C14F-4118-9A5C-C91449555705
Pearland City Council Regular Meeting Minutes May 08, 2023
IX. MATTERS REMOVED FROM CONSENT AGENDA
There were no items removed from Consent Agenda.
X. OTHER BUSINESS
There were no other business items.
XI. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were no issues to discuss.
XII. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 7:15 p.m.
Section 551.074 - Deliberation regarding ratification of the City Manager's
appointment of a Deputy City Secretary.
Conducted.
Section 551.074 - Deliberation regarding ratification of the City Manager's
appointment of a Utilities Director.
Conducted.
Section 551.074 - Deliberation regarding ratification of the City Manager's
appointment of a Director of Engineering and Public Works.
Conducted.
Section 551.072- Deliberations regarding the Sale, Purchase, Lease or
Exchange of Real Property.
Conducted.
Section 551.087- Deliberations regarding Economic Development
Negotiations.
Conducted.
Council returned from Executive Session at 8:02 p.m.
XIII. NEW BUSINESS CONTINUED
6. Consideration and Possible Action - Regarding ratification of the City
Manager's appointment of a Deputy City Secretary.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Barry
to ratify the City Manager’s appointment of the Deputy City Secretary.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
DocuSign Envelope ID: 3FF3662B-C14F-4118-9A5C-C91449555705
Pearland City Council Regular Meeting Minutes May 08, 2023
7. Consideration and Possible Action - Regarding ratification of the City
Manager's appointment of a Utilities Director.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Barry
to ratify the City Manager’s appointment of a Utilities Director.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
8. Consideration and Possible Action - Regarding ratification of the City
Manager's appointment of a Director of Engineering and Public Works.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Barry
to ratify the City Manager’s appointment of a Director of Engineering and Public
Works.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
9. Consideration and Possible Action - Regarding the Sale, Purchase, Lease
or Exchange of Real Property
No action taken.
10. Consideration and Possible Action - Regarding Economic Development
Negotiations.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza
to authorize the City Manager or his designee to enter into a reimbursement
agreement between the City and Pearland Economic Development Corporation
and to authorize the development agreement prospect number 2300, as
discussed in executive session.
AYES: Carbone, Koza, Kamkar, Hernandez, Cade, Barry, and Owens.
NAYS: None.
The motion carried.
XIV. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 8:04 p.m.
Section 551.071 - Consultation with City Attorney regarding the alleged
release of confidential information by a public official to unauthorized third
parties.
Conducted.
Council returned from Executive Session at 8:17 p.m.
DocuSign Envelope ID: 3FF3662B-C14F-4118-9A5C-C91449555705
Pearland City Council Regular Meeting Minutes May 08, 2023
XV.NEW BUSINESS CONTINUED
11.Consideration and Possible Action - Consultation with the City Attorney
regarding the alleged release of confidential information by a public
official to unauthorized third parties.
Councilmember Koza made the motion, seconded by Councilmember Barry for
a public reprimand of Councilmember Kamkar for the release of confidential
information related to the City Manager’s search to unauthorized third parties.
AYES: Carbone, Koza, Hernandez, Cade, Barry, and Owens.
NAYS: None.
Abstained: Kamkar
The motion carried.
XVI.ADJOURNMENT
Mayor Cole adjourned the meeting at 9:06 p.m.
Minutes approved as submitted and/or corrected this the 22ND day of May 2023.
City of Pearland, Texas
J.Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
DocuSign Envelope ID: 3FF3662B-C14F-4118-9A5C-C91449555705