2023-08-28 CITY COUNCIL REGULAR MEETING MINUTESPearland City Council Minutes August 28, 2023
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING AND BUDGET DISCUSSION #3 MINUTES
AUGUST 28, 2023
The City Council of Pearland, Texas convened in a meeting on Monday, August 28, 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 Jeffrey Barry gave the Invocation and Councilmember Tony 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
Deputy City Attorney Lawrence Provins
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 Adam Clent, Beacon Land Services,
applicant, on behalf of PRD Land Development Services, representing
BAHAM Interests Limited Partnership, owner, for approval of a zone
change for 3.8452 acres of land from General Business (GB) District to
General Commercial (GC) District, to wit:
Legal Description: Being a 3.8452-acre tract of land out of a called 4.846-
acre tract out of Lots 63 and 64 of the Allison Richey Gulf Coast Home
Company Subdivision of Section 9, H.T. & B.R.R. Co. Survey, Abstract 234,
Brazoria County, Texas, according to the map or plat thereof recorded in
Volume 2, Page 24 of the Plat Records of Brazoria County, Texas.
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General Location: 7029 Broadway Street, Pearland, Texas.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
Adam Clent, Platting Project Manager with Beacon Land Services, applicant,
was present to share a photo of the site and answer questions from the Council.
There were no citizen comments.
Mayor Cole closed the Public Hearing.
VI.NEW BUSINESS
1.
23-
Consideration and Possible Action - First Reading of Ordinance No.
2000M-249 - 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 a 3.8452-acre tract of land out of a called 4.846-acre tract
out of Lots 63 and 64 of the Allison Richey Gulf Coast Home Company
Subdivision of Section 9, H.T. & B.R.R. Co. Survey, Abstract 234, Brazoria
County, Texas, according to the map or plat thereof recorded in Volume 2,
Page 24 of the Plat Records of Brazoria County, Texas (located at 7029
Broadway Street, Pearland, Texas). Zone Change Application No. ZONE
06, a request by Adam Clent, Beacon land Services, applicant, on behalf
of PRD Land Development Services, representing BAHAM Interests
Limited Partnership, owner, for approval of a zone change from General
Business (GB) District to General Commercial (GC) 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 Carbone made the motion, seconded by Mayor Pro-Tem
Koza, to approve Ordinance No. 2000M-249.
AYES: Koza, Carbone, Kamkar, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
VII.PUBLIC HEARING NO. 2
2.Public Hearing: A request by Tessie Gurley, applicant, on behalf of Barclay
Barnett, owner, for approval of a zone change for 1.11 acres of land from
Old Townsite Residential (OT-R) District to Old Townsite Mixed Use (OT-
MU) District, to wit:
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Legal Description: A 1.11-acre tract of land being a residue of Lot 8 of the
Allison Richey Gulf Coast Home Company Subdivision of Section 3, H.T.
& B.R.R. Co. Survey, Abstract 232, and being a residue of Lot 8 as
conveyed to Raymond E. Maness and Wife, Nellie D. Maness by Deed
Recorded in Volume 423, Page 465 of the Deed Records of Brazoria
County, Texas.
General Location: 2430 South Austin Avenue, Pearland, Texas.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
Tessie Gurley, 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 - First Reading of Ordinance No.
2000M-250 - 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 a 1.11-acre tract of land being a residue of Lot 8 of the
Allison Richey Gulf Coast Home Company Subdivision of Section 3, H.T.
& B.R.R. Co. Survey, Abstract 232, and being a residue of Lot 8 as
conveyed to Raymond E. Maness and Wife, Nellie D. Maness by Deed
Recorded in Volume 423, Page 465 of the Deed Records of Brazoria
County, Texas (located at 2430 South Austin Avenue, Pearland, Texas).
Zone Change Application No. ZONE 23-09, a request by Tessie Gurley,
applicant, on behalf of Barclay Barnett, owner, for approval of a zone
change from Old Town Residential (OT-R) District to Old Town Mixed Use
(OT-MU) 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 Councilmember Cade,
to approve Ordinance No. 2000M-250.
AYES: Koza, Carbone, Kamkar, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
IX.PUBLIC HEARING NO. 3
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3.Public Hearing: A request by Joshua McGinn, applicant, on behalf of
Renee McGuire, owner, for approval of a zone change for 2.0784 acres of
land from Single-Family Residential-2 (R-2) District to General Business
(GB) District, to wit:
Legal Description: Lot 1, Block 1, Development Plat of Community of Faith
Bible Church, a subdivision of 2.0784 acres of land in the City of Pearland,
Texas, according to the map or plat recorded in County Clerk’s File No.
2019012786 in the Plat Records of Brazoria County, Texas.
General Location: 3888 Pearland Parkway, Pearland, Texas.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
Joshua McGinn, 7719 Jenkins Road, Pearland, Texas 77584, applicant, was
present to answer questions from the Council.
Justin Barnett, 6302 Broadway Street, Pearland, Texas 77581, stated that he is
in favor of the proposed zone change.
Mayor Cole closed the Public Hearing.
X.NEW BUSINESS
3.Consideration and Possible Action - First Reading of Ordinance No.
2000M-251 - 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 Lot 1, Block 1, Development Plat of
Community of Faith Bible Church, a subdivision of 2.0784 acres of land in
the City of Pearland, Texas, according to the map or plat recorded in
County Clerk’s File No. 2019012786 in the Plat Records of Brazoria County,
Texas (located at 3888 Pearland Parkway, Pearland, Texas). Zone Change
Application No. ZONE 23-10, a request by Joshua McGinn, applicant, on
behalf of Renee McGuire, owner, for approval of a zone change from
Single-Family Residential-2 (R-2) District to General Business (GB)
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.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember Cade, to
approve Ordinance No. 2000M-251, amending the zoning from General
Business (GB) District to Neighborhood Services (NS) District.
AYES: Koza, Carbone, Kamkar, Cade, Barry, and Patel.
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NAYS: None.
The motion carried.
XI.PUBLIC HEARING NO. 4
4.Public Hearing: A request by Prasad Maragani, Petrichor Technical Group,
LLC., applicant, on behalf of Kashif Kabani, owner, for approval of a
Conditional Use Permit (CUP) for a Gasoline Station within the General
Business (GB) District, on approximately 0.8583 acres of land, to wit:
Legal Description: Lot 1, Block 1 of Bailey Retail Center, an addition in the
City of Pearland, Brazoria County, Texas, according to the filed plat
recorded in County Clerk’s File No. 2020011083 in the Plat records of
Brazoria County, Texas.
General Location: 4109 Manvel Road, Pearland, Texas.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
Prasad Maragani, applicant, was present to answer questions from the Council.
Diane Friday, 7026 Heron Lane, Pearland, Texas 77584, stated that she is
against the proposed CUP due to the dangers of fuel vapors, the development
of gas stations near residential properties, privacy, and safety.
Michael Friday, 7026 Heron Lane, Pearland, Texas 77584, stated that he is
against the proposed CUP because of the different types of chemicals blowing
onto his property.
Mayor Cole closed the Public Hearing.
XII.NEW BUSINESS
4.Consideration and Possible Action - Resolution No. R2023-CUP23-14 - 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
Business (GB) District, to accommodate a fueling station associated with
a proposed convenience store, on approximately 0.8583 acres of land,
being described as Lot 1, Block 1 of Bailey Retail Center, an addition in the
City of Pearland, Brazoria County, Texas, according to the filed plat
recorded in County Clerk’s File No. 2020011083 in the Plat records of
Brazoria County, Texas (located at 4109 Manvel Road, Pearland, Texas).
Conditional Use Permit Application No CUP23-14, for Gasoline Station use,
within the General Business (GB) District, at the request of Prasad
Maragani, Petrichor Technical Group, LLC., applicant, on behalf of Kashif
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Kabani, owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
Councilmember Cade made the motion, seconded by Councilmember Barry to
to approve Resolution No. R2023-CUP23-14.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember Barry, to
amend the ordinance to include the following conditions:
1.The exterior building facades shall be developed in substantial
conformance with materials as depicted in facade renderings.
2.The columns supporting the fueling station canopy shall be wrapped
with a masonry material that is consistent with an architectural element
of the principal building.
3.The dumpster enclosure shall be made of the same material and
primary color as the main building.
4.The masonry wall shall be 8’ tall instead of the required minimum 6’ in
height.
5.The gas station and convenience store shall be rotated to face Manvel
Road instead of Bailey Road.
AYES: Koza, Carbone, Kamkar, Barry, and Patel.
NAYS: Cade.
The motion carried.
Councilmember Cade made the motion, seconded by Councilmember Barry, to
approve Resolution No. R2023-CUP23-14 as amended.
AYES: Koza, Carbone, Barry, and Patel.
NAYS: Kamkar and Cade.
The motion carried.
XIII.CONSENT AGENDA
A.Consideration and Possible Action - Approval of minutes for the City
Council Special Meeting held on August 12, 2023, City Council Special
Meeting held on August 14, 2023, and the City Council Regular Meeting
held on August 14, 2023.
B.Consideration and Possible Action - Excuse the absence of
Councilmember Adrian Hernandez from the August 14, 2023 City Council
Regular Meeting.
C.Pulled for discussion.
D.Consideration and Possible Action - Resolution No. R2023 - 205 - A
Resolution of the City Council of the City of Pearland, Texas, approving
participation in the Texas Department of Transportation’s Selective Traffic
Enforcement Program (STEP) comprehensive grant to enhance traffic
safety in the City of Pearland; authorizing matching funds in the amount
of twenty percent (20%); and designating an authorized official.
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E.Consideration and Possible Action - Resolution R2023 - 206 - A Resolution
of the City Council of the City of Pearland, Texas, approving participation
in the Texas Department of Transportation’s Selective Traffic Enforcement
Program (STEP) grant for Commercial Motor Vehicles to enhance traffic
safety in the City of Pearland; authorizing matching funds in the amount
of twenty percent (20%); and designating an authorized official.
F.Consideration and Possible Action - Resolution No. R2023-200 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
Design Build contract with CDM-Smith, to include the purchase of
Cradlepoint modems and accessories required associated with the Phase
3B installation of Supervisory Control and Data Acquisition (SCADA)
Project components, in the estimated amount of 78,283.73 (total contract
amount of $7,921,809.66).
G.Consideration and Possible Action - Resolution No. R2023-191 - 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 the Buyboard Purchasing System for the purchase of (5)
Traffic signal cabinets, and (5) Traffic signal camera detection (Gridsmart)
to upgrade the existing outdated traffic signal cabinet and detection
system to conform to the City of Pearland specifications, in the amount of
$204,545.00, from Cubic Trafficware.
H.Consideration and Possible Action – Resolution No. R2023-202 - A
Resolution of the City Council of the City of Pearland, Texas, accepting the
City’s Investment Report for the quarter ending June 2023.
I.Consideration and Possible Action – First and Only Reading of Ordinance
No. 1627 - An ordinance of the City Council of the City of Pearland, Texas,
authorizing the issuance of City of Pearland, Texas Certificates of
Obligation, Series 2023A; setting certain parameters for the Certificates;
authorizing a pricing officer to approve the amount, the interest rate, price,
and terms thereof and certain other procedures and provisions relating
thereto; and declaring an emergency.
J.Consideration and Possible Action – First and Only Reading of Ordinance
No. 1628 - An ordinance of the City Council of the City of Pearland, Texas,
authorizing the issuance Of City of Pearland, Texas Certificates of
Obligation, Series 2023B; setting certain parameters for the certificates;
authorizing a pricing officer to approve the amount, the interest rate, price,
and terms thereof and certain other procedures and provisions relating
thereto; and declaring an emergency.
K.Consideration and Possible Action – First and Only Reading of Ordinance
No. 1629 - An ordinance of the City Council of the City of Pearland, Texas,
authorizing the issuance of City of Pearland, Texas Certificates of
Obligation, Series 2023C; setting certain parameters for the certificates;
authorizing a pricing officer to approve the amount, the interest rate, price,
and terms thereof and certain other procedures and provisions relating
thereto; and declaring an emergency.
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L.Consideration and Possible Action - First and Only Reading Ordinance No.
1012-5 - An Ordinance of the City Council of the City of Pearland, Texas,
repealing Chapter 20, Offenses and Miscellaneous Provisions, Article IV,
Minors, of the City Code of Ordinances; containing an effective date and
other provisions related to the subject; and containing emergency,
savings and severability clauses.
Councilmember Barry made the motion, seconded by Mayor Pro-Tem Koza, to
approve A-L, except for C.
AYES: Koza, Carbone, Kamkar, Hernandez, Barry, and Patel.
NAYS: None.
The motion carried.
XV.MATTERS REMOVED FROM CONSENT AGENDA
C.Consideration and Possible Action - Resolution R2023-204 - A Resolution
of the City Council of the City of Pearland, Texas, awarding a supply
contract for the purchase of sixty-four (64) Level III ballistic Shields in
accordance with the specifications of Request for Proposal No. 0623-01,
to Fernandez Investment Group, Incorporated (dba Cop Stop), in the
estimated amount of $241,582.72.
Councilmember Patel made the motion, seconded by Councilmember Barry, to
approve Resolution R2023-204.
AYES: Koza, Carbone, Kamkar, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
XIV.NEW BUSINESS CONTINUED
Mayor Cole recessed the meeting at 7:57 p.m.
Mayor Cole reconvened the meeting at 8:10 p.m.
5.Fiscal Year 2024 Budget Discussion #3
Presentation was provided by Trent Epperson, City Manager and Rachel
Wynslow, Budget Officer.
XVI.OTHER BUSINESS
There were no other business items.
XVII.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were no items for discussion.
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XVIII.ADJOURNMENT
Mayor Cole adjourned the meeting at 9:26 p.m.
The Minutes were approved on this the 11th day of September 2023.
City of Pearland, Texas
J. Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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