2023-08-14 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Minutes August 14, 2023
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 14, 2023
The City Council of Pearland, Texas convened in a meeting on Monday, August 14, 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 Cade gave the Invocation and Councilmember Carbone 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 Layni Cade
Councilmember Jeffrey Barry
Councilmember Rushi Patel
City Manager Trent Epperson
City Attorney Darrin Coker
City Secretary Frances Aguilar
All members were present except for Councilmember Adrian Hernandez.
IV. CITIZEN COMMENTS
There were no citizen comments.
V. PUBLIC HEARING NO. 1
1. Public Hearing: A request by Varinder Tandon, applicant, on behalf of
CCAC Sam’s Shadow Creek, LLC., owner, for approval of a Conditional
Use Permit (CUP) to allow Auto Wash use, within the Shadow Creek Ranch
Planned Development (PD) District, on approximately 1.0521 acres of land,
to wit:
Legal Description: Lot “C-1”, Block 1, First Partial Replat of The Reserve
at Shadow Creek Ranch, a subdivision of 1.0521 acres of land in the City
of Pearland, Texas, according to the map or plat recorded in County
Clerk’s File No. 2012022859 in the Plat records of Brazoria County, Texas.
Page 1 of 8
DocuSign Envelope ID: DEFD4B1E-42E0-48FE-BEC1-847B01E25087
Pearland City Council Minutes August 14, 2023
General Location: Southeast Quadrant of Business Center Drive &
Discovery Bay Drive.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
A representative for the applicant, Paul Grohman, 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 - Resolution No. R2023-CUP23-12 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Auto Wash use, within the Shadow Creek
Ranch Planned Development (PD) District, on approximately 1.0521 acres
of land, being described as Lot “C-1”, Block 1, First Partial Replat of The
Reserve at Shadow Creek Ranch, a subdivision of 1.0521 acres of land in
the City of Pearland, Texas, according to the map or plat recorded in
County Clerk’s File No. 2012022859 in the Plat records of Brazoria County,
Texas. (located at Southeast Quadrant of Business Center Drive &
Discovery Bay Drive). Conditional Use Permit Application No CUP23-12,
for Auto Wash use, within the Shadow Creek Ranch Planned Development
(PD) District, at the request of Varinder Tandon, applicant, on behalf of
CCAC Sam’s Shadow Creek, LLC., 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 Barry,
to approve Resolution No. R2023-CUP23-12.
1. The applicant shall provide a color rendering that meets the Shadow Creek
Village Architectural Review Committee requirements for Commercial Sites of
the proposed use and be developed to be in substantial conformance with
materials depicted on façade details submitted with this CUP application.
2. The applicant shall provide details on the vacuum station structures and
shall accommodate masonry wrapping of the structures to a height equal to the
painted split face CMU wainscot provided in the façade details submitted with
this CUP application.
3. The site plan shall be amended to accommodate the following
Page 2 of 8
DocuSign Envelope ID: DEFD4B1E-42E0-48FE-BEC1-847B01E25087
Pearland City Council Minutes August 14, 2023
1. A minimum 6’ depth planting area along the entire length of stacking
lane near the east property line with a continuous hedge row with a
minimum 3’ in height at planting.
2. Infill the areas between the proposed street tree landscape strip along
Discovery Bay drive with a continuous hedge row with a minimum 3’ in
height at planting.
3. A landscaped planting area with dense enough planting to screen the
exit of the tunnel and immediate drive aisle. The planting area shall
contain large shade trees with a minimum 4” caliper measured at 12”
above the root ball, with the total caliper inches equal to at least 1.5” for
each 10’ of lot depth along the area south of the exit. The planting area
shall also include a continuous hedge row with a minimum of 3’ in
height at planting. There shall be no plantings required within the area
necessary to ensure clear sight visibility for exiting traffic from the car
wash. A Sight Distance Visibility Study shall be required at permitting
stage for the intersection of the entrance/exit with the drive aisle to
determine appropriate clearance due to the curvature of the roadway.
4. Provide a continuous row of shrubs along the east property line parallel
with the building.
4. The vacuum systems shall be enclosed and maintained inside the building
in the equipment room to reduce noise for adjacent property owners.
AYES: Koza, Carbone, Barry, and Cole.
NAYS: Kamkar, Cade, and Patel.
The motion carried.
VII. CONSENT AGENDA
A. Consideration and Possible Action - Approval of minutes for the City
Council Special Meeting held on July 24, 2023, and the City Council
Regular Meeting held on July 24, 2023.
B. Consideration and Possible Action - Resolution No. R2023-196 - A
Resolution of the City Council of the City of Pearland, Texas, approving
the City of Pearland’s Fiscal Year 2024 Community Development Block
Grant (CDBG) Annual Action Plan (Program Year 2023), for submission to
the U.S. Department of Housing and Urban Development (HUD).
C. Pulled for discussion.
D. Pulled for discussion.
E. Consideration and Possible Action - Resolution No. R2023-199 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter an Interlocal Agreement with
Brazoria County for paving services, associated with Herridge Road,
Holland Road and Harkey Road.
F. Consideration and Possible Action - Resolution No. R2023-186 - A
Resolution of the City Council of the City of Pearland, Texas, rejecting any
Page 3 of 8
DocuSign Envelope ID: DEFD4B1E-42E0-48FE-BEC1-847B01E25087
Pearland City Council Minutes August 14, 2023
and all bids for construction services associated with the purchase of
asphalt materials (Bid No. ITB 0223-07).
G. Consideration and Possible Action - Resolution No. R2023-176 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate in interlocal cooperative
pricing agreements for the purchase of furniture, fixtures, and equipment
associated with the Public Safety Building Renovation Project, in the
estimated amount of $69,055.50, from The Luck Company.
H. Consideration and Possible Action - Resolution No. R2023-197 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with Ardurra Group, Inc., for professional services associated
with the TCEQ-TPDES permit renewal application process for the
Southdown, John Hargrove Environmental Center and Reflection Bay
Reclamation Facilities, in the estimated amount of $67,175.00.
I. Consideration and Possible Action - Resolution No. R2023-185 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
3- year service contract (1-year term with 2 renewals) for demolition
services (general clean-up and nuisance abatement), to Sitek Omni
Services, LLC., in the annual estimated amount of $70,000.00, for the
period of August 15, 2023 and through August 14, 2024.
J. Consideration and Possible Action - Resolution No. R2023-193 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate in a cooperative purchase
agreement with Sourcewell for the purchase of access control and site
security installation and commissioning services, in the estimated amount
of $90,628.00, from Convergint Technologies LLC, for the period of August
15, 2023 and through August 14, 2024.
K. Consideration and Possible Action - Resolution No. R2023-192 - 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 security fence replacement services, in the estimated amount
of $198,782.67, from Foster Fence LTD.
L. Consideration and Possible Action - Resolution No. R2023-190 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
removal and replacement services contract for five (5) traffic signal span
wire intersections (Broadway at Woodcreek; SH 35 at Oiler Drive/Bailey
Road; SH 35 at Pearland High School, Broadway at Mykawa; and Broadway
at Old Chocolate Bayou) to Creacom, Inc., in the amount of $83,048.24.
M. Consideration and Possible Action - Resolution No. R2023-189 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
participation in a cooperative purchasing agreement with the Buyboard
Purchasing System for the purchase of sixty (60) Network School Zone
Flasher Systems, in the estimated amount of $138,766.00, from
Consolidated Traffic Controls.
Page 4 of 8
DocuSign Envelope ID: DEFD4B1E-42E0-48FE-BEC1-847B01E25087
Pearland City Council Minutes August 14, 2023
N. Consideration and Possible Action - Resolution No. R2023-184 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
3-year (1-year term with 2 renewals) contract for Preventative Maintenance
and Repairs associated to HVAC Systems and Ice Machines to TD
Industries, in the annual estimated amount of $482,157.00, for the period
beginning August 15, 2023 and ending August 14, 2024.
Councilmember Kamkar made the motion, seconded by Mayor Pro-Tem Koza,
to approve A-N, except for C and D.
AYES: Koza, Carbone, Kamkar, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
VIII. NEW BUSINESS CONTINUED
2. Consideration and Possible Action - Resolution No. R2023-187 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with Gauge Engineering, for design services associated with
the Veterans Road Drainage Improvement Project, in the estimated amount
of $670,754.00.
Karam Qaddo P.E., Municipal Roadway Practice Lead, Project Manager with
Gauge Engineering was present to answer questions from the Council.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember
Carbone, to approve Resolution No. R2023-187.
AYES: Koza, Carbone, Kamkar, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
3. Consideration and Possible Action - Resolution No. R2023-188 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
3-year contract (1-year term with 2 renewals) for cleaning services (City
Facilities) to A & A Cleaning Services, in the annual estimated amount of
$583,127.24, beginning August 15, 2023 and ending August 14, 2024.
Councilmember Cade made the motion, seconded by Mayor Pro-Tem Koza, to
approve Resolution No. R2023-188.
AYES: Koza, Carbone, Kamkar, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
4. Consideration and Possible Action - Resolution No. R2023-181 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
unit price contract for the purchase of motor fuel with Houston-Pasadena
Page 5 of 8
DocuSign Envelope ID: DEFD4B1E-42E0-48FE-BEC1-847B01E25087
Pearland City Council Minutes August 14, 2023
Apache Oil Company, in the estimated amount of $1,000,000.00, for the
period of August 15, 2023 through August 14, 2024.
Councilmember Barry made the motion, seconded by Mayor Pro-Tem Koza, to
approve Resolution No. R2023-181.
AYES: Koza, Carbone, Kamkar, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
5. Consideration and Possible Action - First and Only Reading of Ordinance
No. 1497-10 - An Ordinance of the City Council of the City of Pearland,
Texas, amending Ordinance No. 1497-9 as it applies to certain times and
limits for school zones established for vehicles under the provisions of the
Texas Transportation Code upon certain streets and highways, of parts
thereof, within the corporate limits of the City of Pearland, as set out in this
ordinance; and providing a penalty; and declaring an emergency.
Councilmember Patel made the motion, seconded by Councilmember Barry, to
approve Ordinance No. 1497-10.
AYES: Koza, Carbone, Kamkar, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
6. Consideration and Possible Action - First and Only Reading of Ordinance
No. 220-14 - An Ordinance of the City Council of the City of Pearland,
Texas, amending Chapter 30, Utilities, Article II, RATES AND CHARGES, of
the code of ordinances to amend Section 30-43, Voluntary discontinue of
service; providing a penalty for violation; contain-ing a savings clause and
a severability clause; providing for codification, publication, and an
effective date.
Councilmember Carbone made the motion, seconded by Councilmember
Cade, to approve Ordinance No. 220-14.
AYES: Koza, Carbone, Kamkar, Cade, and Patel.
NAYS: None.
The motion carried.
7. Consideration and Possible Action - Resolution No. R2023-182 - A
Resolution of the City Council of the City of Pearland, Texas, placing on
the agendas of September 11, 2023, and September 25, 2023 City Council
meetings, consideration of the proposed fiscal year 2023-2024 budget and
setting the public hearing on the budget for September 11, 2023 at 6:30
PM.
Councilmember Kamkar made the motion, seconded by Mayor Pro-Tem Koza,
to approve Resolution No. R2023-182.
Page 6 of 8
DocuSign Envelope ID: DEFD4B1E-42E0-48FE-BEC1-847B01E25087
Pearland City Council Minutes August 14, 2023
AYES: Koza, Carbone, Kamkar, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
8. Consideration and Possible Action - Resolution No. R2023-183 - A
Resolution of the City Council of the City of Pearland, Texas, proposing a
tax rate not to exceed 0.6554, which represents a property tax revenue
increase of 18.8% above the No New Revenue Tax Rate, and placing on the
agendas of September 11, 2023 and September 25, 2023 regular City
Council meetings, consideration of the proposed fiscal year 2023-2024 tax
rate and setting a public hearing on the tax rate for September 25, 2023 at
6:30 pm.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember Barry, to
approve Resolution No. R2023-183.
AYES: Koza, Carbone, Kamkar, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
9. Consideration and Possible Action - Resolution No. R2023-198 - A
Resolution of the City Council of the City of Pearland, Texas, amending the
City Council Rules and Order of Business (“Rules”) as guidelines for the
organization and governance of the City Council.
Councilmember Cade made the motion, seconded by Mayor Pro-Tem Koza, to
approve Resolution No. R2023-198.
AYES: Koza, Carbone, Kamkar, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
IX. MATTERS REMOVED FROM CONSENT AGENDA
C. Consideration and Possible Action - Resolution No. R2023-180 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a cost sharing agreement
with the Pearland Economic Development Corporation associated with the
Hickory Slough Sports Complex.
Councilmember Barry made the motion, seconded by Councilmember Patel, to
approve Resolution No. R2023-180.
AYES: Koza, Carbone, Kamkar, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
Page 7 of 8
DocuSign Envelope ID: DEFD4B1E-42E0-48FE-BEC1-847B01E25087
Pearland City Council Minutes August 14, 2023
D.Consideration and Possible Action - Resolution No. R2023-179 - A
Resolution of the City Council of the City of Pearland, Texas, committing
to a collaborative effort with the Pearland Economic Development
Corporation (“PEDC”) to allocate twenty (20%) of the PEDC’s annual sales
tax revenue on qualified infrastructure recapitalization projects for
redevelopment in targeted areas of the City.
Councilmember Patel made the motion, seconded by Councilmember Cade, to
approve Resolution No. R2023-179.
AYES: Koza, Carbone, Kamkar, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
X.OTHER BUSINESS
There were no other business items.
XI.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
1.Discussion regarding the City's Tree Mitigation Requirements.
Dr. Kris Schoeffler, 2126 Roy Road, Pearland Animal Hospital, addressed
Council regarding the City's tree mitigation requirements.
This item will be discussed during the review of the Unified Development Code
(UDC).
XII.ADJOURNMENT
Mayor Cole adjourned the meeting at 9:19 p.m.
The Minutes were approved on this the 28th day of August 2023.
City of Pearland, Texas
J. Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
Page 8 of 8
DocuSign Envelope ID: DEFD4B1E-42E0-48FE-BEC1-847B01E25087