2023-05-22 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Minutes May 22, 2023
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
MAY 22, 2023
The City Council of Pearland, Texas convened in a meeting on Monday, March 6, 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
Councilmember Barry gave the Invocation and Councilmember Kamkar 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 Joseph Koza
Councilmember Tony Carbone
Councilmember Alex Kamkar
Councilmember Adrian Hernandez
Councilmember Layni Cade
Councilmember Jeffrey Barry
Councilmember Rushi Patel
City Manager Trent Epperson
City Attorney Darrin Coker
City Secretary Frances Aguilar
All members were present.
IV. CITIZEN COMMENTS
Pat Hill, 2710 Green Tee, addressed Council regarding a councilmember leaking
confidential information.
Jimmy Davis, 5004 Colmesneil Drive, addressed Council regarding a councilmember
leaking confidential information and requesting an investigation.
Denise Hewitt, 3404 Blue Spruce Trail, addressed Council regarding a councilmember
leaking confidential information.
Paul Eskine, 2519 Park Ave., addressed Council regarding a councilmember leaking
confidential information.
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Nicole Streeter, 12002 Linden Walk Lane, addressed Council regarding a
councilmember leaking confidential information and requesting an investigation.
V. PUBLIC HEARING NO. 1
1. Public Hearing: A request by Robert MacDonald, applicant, on behalf of
Hyunhoon Lee, owner, for approval of a Conditional Use Permit (CUP) for
Massage Establishment use on approximately 1.4785 acres of land located
within the General Business (GB) District, to wit:
Legal Description: Lot 2, in Block 1, Minor Plat of Kirby Commercial Center
2, being a subdivision in Brazoria County, Texas, according to the map or
plat recorded in County Clerks’ File No. 2019062736 of the Plat Records of
Brazoria County, Texas.
General Location: 3220 Kirby Drive, Suite 120, Pearland, TX.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director, Community
Development.
Hyunhoon Lee, owner and Robert MacDonald, were present to answer
questions from Council.
Mayor Cole closed the Public Hearing.
VI. NEW BUSINESS
1. Consideration and Possible Action - Resolution R2023-CUP23-04 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Massage Establishment use within the
General Business (GB) District, on approximately 1.4785 acres of land,
being described as Lot 2, in Block 1, Minor Plat of Kirby Commercial Center
2, being a subdivision in Brazoria County, Texas, according to the map or
plat recorded in County Clerks’ File No. 2019062736 of the Plat Records of
Brazoria County, Texas(located at 3220 Kirby Drive, Suite 120, Pearland,
TX). Conditional Use Permit Application No CUP23-04, for Massage
Establishment use within the General Business (GB) District, at the
request of Robert MacDonald, applicant, on behalf of Hyunhoon Lee,
owner, containing a savings clause, a severability clause, and an effective
date and other provisions related to the subject.
Councilmember Carbone made the motion, seconded by Councilmember Barry
to approve Resolution R2023-CUP23-04.
AYES: Carbone, Hernandez, and Patel.
NAYS: Koza, Kamkar, Cade, and Barry.
The motion failed.
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VII. PUBLIC HEARING NO. 2
2. Public Hearing: A request by Jeff Boutte, Windrose Land Services,
applicant, on behalf of PHE-Fite Interests LP (Signature Companies) and
Tranquility Lake Estates LLC, owner, for approval of a zone change for
14.857 acre of land from General Business (GB) District to Planned
Development (PD) District, to accommodate a proposed mixed-use
townhouse community with approximately 109 single-family lots, open
space, and a retail component, to wit:
Legal Description: A tract or parcel containing 14.857 acres of land
situated in the H.T. & B. R.R. Co. Survey, Section 17, Abstract No. 242,
Brazoria County, Texas, being all of commercial reserve “E”, Block 3, and
a portion of a right-of-way dedication, Tranquility Lake Estates, Sec. 4, map
or plat thereof recorded under Plat No. 2019010684, Brazoria County Plat
Records (B.C.P.R), same being out of Lot 1, Block 1, Cullen Parkway and
Old Chocolate Bayou, plat recorded under Plat No. 2020011820, B.C.P.R.,
also being out of three (3) tracts, all of a called 7.7144-acre tract described
in deed to PHE-Fite Interest, LP, as recorded under Brazoria County
Clerk’s File (B.C.C.F.) No. 2010018718, residue of called 15.7778 acre tract
described in deed to Tranquility Lake Estates, LLC, as recorded under
B.C.C.F. No. 2018007406 and residue of called 10.0000 acre tract described
in deed to Fite Interest, Ltd, as recorded under B.C.C.F. No. 2001011751.
General Location: Northeast Corner of Cullen Parkway and Fite Road.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director, Community
Development.
Jennifer Evans, Signature Company, representing the applicant, was present to
answer questions from Council.
Jeff Boutte, Windrose Land Services, applicant, was present to answer
questions from the Council.
Kevin Stucky, Developer, was present to answer questions from the Council.
Fran Goundry, 8020 Serenity Drive, spoke in opposition of the number of
townhomes and to have the townhomes for sale and not for lease.
Andria Hall, 8009 Serenity Drive, spoke in opposition of the townhomes.
Mayor Cole closed the Public Hearing.
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VIII. NEW BUSINESS
2. Consideration and Possible Action - First Reading of Ordinance No.
2000M-248 - 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; a tract or parcel containing 14.857 acres, or 647,181 square feet
of land situated in the H.T. & B. R.R. Co. Survey, Section 17, Abstract No.
242, Brazoria County, Texas, being all of commercial reserve “E”, Block 3,
and a portion of a right-of-way dedication, Tranquility Lake Estates Section
4, map or plat thereof recorded under Plat No. 2019010684, Brazoria
County Plat Records (B.C.P.R.), same being out of Lot 1, Block 1, Cullen
Parkway and Old Chocolate Bayou, map or plat thereof recorded under
Plat No. 2020011820, B.C.P.R., also being out of three (3) tracts, all of a
called 7.7144-acre tract described in deed to PHE-Fite Interest, LP, as
recorded under Brazoria County Clerk’s File No. 2010018718, residue of
called 15.7778 acre tract described in deed to Tranquility Lake Estates,
LLC, as recorded under B.C.C.F. No. 2018007406 and residue of called
10.0000 acre tract described in deed to Fite Interest, Ltd, as recorded under
B.C.C.F. No. 2001011751 (located at the northeast corner of Cullen
Parkway and Fite Road). Zone Change Application No. ZONE 23-01, a
request by Jeff Boutte, Windrose Land Services, applicant, on behalf of
PHE-Fite Interests LP (Signature Companies) and Tranquility Lake Estates
LLC, owner, for approval of a zone change from General Business (GB)
District to Planned Development (PD) District; 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 Kamkar made the motion, seconded by Mayor Pro-Tem Koza
to approve the first reading of Ordinance No. 2000M-248.
AYES: Carbone, Hernandez, Cade, and Barry.
NAYS: Koza, Kamkar, and Patel.
The motion carried.
IX. PUBLIC HEARING NO. 3
3. Public Hearing - First of two required public hearings on the FY 2023
Community Development Block Grant (CDBG) allocation from the U.S.
Department of Housing and Urban Development: CDBG Award No. B-23-
MC-48-0400 in the amount of $466,162.
Mayor Cole opened the Public Hearing.
Presentation was provided by Joel Hardy, Grants/Special Projects
Administrator.
Mayor Cole closed the Public Hearing.
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X. CONSENT AGENDA
A. Consideration and Possible Action - Approval of minutes for the City
Council and Planning and Zoning Commission Joint Workshop held on
May 8, 2023, the City Council Special Meeting held on May 8, 2023, the City
Council Regular Meeting held on May 8, 2023, the City Council Special
Meeting held on May 15, 2023, and the City Council Special Meeting-
Canvassing held on May 15, 2023.
B. Item was pulled for discussion.
C. Item was pulled for discussion.
D. Consideration and Possible Action - Resolution No. R2023-122 - A
Resolution of the City Council of the City of Pearland, Texas, approving
participation in the Office of the Governor, Criminal Justice Division, FY
2024 Victim Assistance, General Victim Assistance Direct Services
Program (VOCA); Grant Number 23623-11, in the total amount of
$169,580.00.
E. Item was pulled for discussion.
F. Item was pulled for discussion.
G. Consideration and Possible Action - Resolution No. R2023-116 - 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 Buyboard Purchasing System for the
purchase of Police Department firearm ammunition, in the estimated
amount of $82,438.85, from Precision Delta Corporation.
H. Consideration and Possible Action - Resolution No. R2023-118 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager to participate in an interlocal pricing arrangement with
SAVVIK Buying Group for the purchase of Emergency Medical Service
supplies and equipment, in the estimated amount of $70,692.74, from
Stryker.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember Cade to
adopt the Consent Agenda items A-H, except for B, C, E, and F.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
XI. NEW BUSINESS CONTINUED
3. Council Input and Discussion - Strategic Government Resources (SGR)
will present their independent audit regarding City's tax calculation
processes and development of best practice recommendations.
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Presentation was provided by Wendle Medford, President and Rodney
Rhoades, with Strategic Government Resources. Best practice
recommendations were provided.
4. Consideration and Possible Action - Resolution No. R2023-121 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
expenditures with McGriff Insurance Service, for Wind, Hail, and Wind
Driven Rain Insurance, in the amount of $1,575,697.00, for the period of
May 26, 2023 to May 25, 2024.
Councilmember Hernandez made the motion, seconded by Councilmember
Cade to approve Resolution R2023-121.
Presentation was provided by Trent Epperson, City Manager.
Johnny Fonteno, with McGriff Insurance Service, was available for questions.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
5. Consideration and Possible Action - Resolution No. R2023-120 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
supply contract for mechanical services (combined wastewater, lift
station, and water production) with STP Services, in the estimated amount
of $618,780.00, for the period of May 23,2023 through May 22, 2024.
Councilmember Cade made the motion, seconded by Councilmember
Hernandez to approve Resolution R2023-120.
Presentation was provided by Trent Epperson, City Manager.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
6. 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 by the
accounting firm of FORVIS formerly known as BKD, LLP.
Councilmember Barry made the motion, seconded by Councilmember Carbone
to approve Resolution R2023-105.
Presentation was provided by Trent Epperson, City Manager.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
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7. 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).
Councilmember Patel made the motion, seconded by Councilmember Cade to
approve Resolution R2023-111.
Presentation was provided by Trent Epperson, City Manager.
Councilmember Patel made the motion, seconded by Councilmember Carbone
to postpone this item.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
8. Consideration and Possible Action - Resolution No. R2023-131 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter a Memorandum of
Understanding (MOU) with Keep Pearland Beautiful (KPB) in association
with the City’s participation in the Houston-Galveston Area Council Solid
Waste Grant Program.
Councilmember Carbone made the motion, seconded by Councilmember Cade
to approve Resolution R2023-131.
Councilmember Hernandez recused himself from this item.
Presentation was provided by Trent Epperson, City Manager.
Councilmember Carbone made the motion, without objection to lay the item on
the table.
AYES: Koza, Carbone, Kamkar, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember Carbone
to pull the item from the table.
AYES: Koza, Carbone, Kamkar, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
Councilmember Carbone made the motion, seconded by Councilmember Cade
to approve Resolution R2023-131.
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AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
9. Consideration and Possible Action – First Reading of Ordinance No. 1358-
24 - An Ordinance of the City Council of the City of Pearland, Texas,
amending non-development usage and service fees; containing a savings
clause, a severability clause, a repealer clause, providing for publication
and an effective date.
Councilmember Kamkar made the motion, seconded by Mayor Pro-Tem Koza
to approve the first reading of Ordinance No. 1358-24.
Presentation was provided by Trent Epperson, City Manager.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
XII. MATTERS REMOVED FROM CONSENT AGENDA
B. Consideration and Possible Action – Resolution No. R2023-114 - A
Resolution of the City Council of the City of Pearland, Texas, accepting the
City’s Investment Report for the quarter ending March 2023.
Councilmember Kamkar pulled this item for discussion.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember Barry to
approve Resolution R2023-114.
Presentation was provided by Trent Epperson, City Manager.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
C. Consideration and Possible Action - Resolution No. R2023-124 - A
Resolution of the City Council of the City of Pearland, Texas, supporting
the City of Pearland’s application to the Texas Department of
Transportation’s 2023 Transportation Alternatives Set-Aside (TA) call for
projects.
Councilmember Kamkar pulled this item for discussion.
Councilmember Hernandez made the motion, seconded by Councilmember
Cade to approve Resolution R2023-124.
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Presentation was provided by Trent Epperson, City Manager.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
E. Consideration and Possible Action - Resolution No. R2023-123 - A
Resolution of the City Council of the City of Pearland, Texas, approving
participation in the Office of the Governor, Criminal Justice Division, FY
2024 Victim Assistance, First Responder Mental Health Program; Grant
Number: 48360-01, in the total amount of $100,295.
Councilmember Kamkar pulled this item for discussion.
Councilmember Cade made the motion, seconded by Mayor Pro-Tem Koza to
approve Resolution R2023-123.
Presentation was provided by Trent Epperson, City Manager.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
F. Consideration and Possible Action - Resolution No. R2023-130 - 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. Previously approved (R2023-103) by City Council on May
8, 2023 referenced the incorrect consultant.
Councilmember Kamkar pulled this item for discussion.
Councilmember Barry made the motion, seconded by Councilmember
Hernandez to approve Resolution R2023-130.
Presentation was provided by Trent Epperson, City Manager.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
XIII. OTHER BUSINESS
XIV. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
10. Discussion regarding the development of rules for Council Censure.
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Mayor Pro-Tem Koza requested the agenda item to be placed on the City
Council agenda for discussion, seconded by Councilmember Carbone.
No action taken.
XV.ADJOURNMENT
Mayor Cole adjourned the meeting at 11:05 p.m.
Minutes approved as submitted and/or corrected this the 12th day of June 2023.
City of Pearland, Texas
J.Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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