2023-09-11 CITY COUNCIL REGULAR MEETING MINUTESPearland City Council Minutes September 11, 2023
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 11, 2023
The City Council of Pearland, Texas convened in a meeting on Monday, September 11, 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 6:47 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 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 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
Leo Walker, 207 West Heritage Drive, Pearland, TX invited the public to attend the
Pearland Veterans Walk on November 11, 2023 to support our veterans and raise
money for them.
Michael Baker, 4902 Elm Street, Pearland, TX addressed Council about the quality of
the concrete at Willow Crest Subdivision.
Roberto Perez, 4906 Elm Street, Pearland, TX addressed Council about the concrete
used in building the Willow Crest neighborhood streets and sidewalks that are
substandard workmanship.
V.PUBLIC HEARING NO. 1
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1.Public Hearing: A request by Jack A. Duran, LDDBlueline, applicant, on
behalf of Harmony Public Schools, owner, for approval of a zone change
for 20.014 acres of land from Single-Family Residential-1 (R-1) District to
General Commercial (GC) District, to wit:
Legal Description: Being a tract of land containing 20.014 acres, situated
in the H.T. & B.R.R. Co. Survey, Section 9, A-234, Brazoria County, Texas,
and being a portion of Lots 61 and 62, Section 9 of the Alison Richey Gulf
Coast Home Company Part of Suburban Gardens, a subdivision of record
in Volume 2, Page 23 in the Plat Records of Brazoria County, Texas, and
being all of that certain called 9.990 acres, Lot 61, Section 9 of the Alison
Richey Gulf Coast Home Company Part of Suburban Gardens (Tract I) as
described in deed to Louis E. Lentz III and Marybeth Porter and the certain
called Lot 62 of the Alison Richey Gulf Coast Home Company Part of
Suburban Gardens (Tract II) and recorded under County Clerk’s File No.
2011015274 in the Official Records of Brazoria County, Texas (O.P.R.B.C.).
General Location: 2510 Roy Road, Pearland, Texas.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
Applicant Jack Duran was present to answer any questions from the Council.
There were no citizen comments.
Mayor Cole closed the Public Hearing.
VI.NEW BUSINESS NO. 1
1.Consideration and Possible Action - First Reading of Ordinance No.
2000M-252 - 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 tract of land containing 20.014 acres, situated in the H.T.
& B.R.R. Co. Survey, Section 9, A-234, Brazoria County, Texas, and being
a portion of Lots 61 and 62, Section 9 of the Alison Richey Gulf Coast Home
Company Part of Suburban Gardens, a subdivision of record in Volume 2,
Page 23 in the Plat Records of Brazoria County, Texas, and being all of that
certain called 9.990 acres, Lot 61, Section 9 of the Alison Richey Gulf Coast
Home Company Part of Suburban Gardens (Tract I) as described in deed
to Louis E. Lentz III and Marybeth Porter and the certain called Lot 62 of
the Alison Richey Gulf Coast Home Company Part of Suburban Gardens
(Tract II) and recorded under County Clerk’s File No. 2011015274 in the
Official Records of Brazoria County, Texas (O.P.R.B.C.). (located at 2510
Roy Road, Pearland, Texas). Zone Change Application No. ZONE 23-11, a
request by Jack A. Duran, LDDBlueline, applicant, on behalf of Harmony
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Public Schools, owner, for approval of a zone change from Single-Family
Residential-1 (R-1) 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 Patel made the motion, seconded by Councilmember Cade, to
approve Ordinance No. 2000M-252.
AYES: Koza, Carbone, Kamkar, Hernandez, and Patel.
NAYS: Cade and Barry.
The motion carried.
VII.PUBLIC HEARING NO. 2
2.Public Hearing on Proposed Fiscal Year 2023-2024 Budget
Mayor Cole opened the Public Hearing.
Presentation was provided by Trent Epperson, City Manager and Rachel
Wynslow, Budget Officer.
There were no citizen comments.
Mayor Cole closed the Public Hearing.
VIII.NEW BUSINESS NO. 2
2.Consideration and Possible Action – First Reading of Ordinance No. 1631
-An appropriation Ordinance adopting a budget for the fiscal year
beginning October 1, 2023, and ending September 30, 2024; pay plans for
fiscal year 2024; and, pursuant to Local Government Code, Section
102.007, providing for a separate ratification of the property tax revenue
increase reflected in the budget.
Councilmember Barry made the motion, seconded by Councilmember Cade, to
approve Ordinance No. 1631.
Councilmember Kamkar made a motion to reduce the General Fund by $1.78
million. The motion died for the lack of a second.
AYES: Koza, Carbone, Hernandez, Cade, Barry, and Patel.
NAYS: Kamkar.
The motion carried.
Councilmember Barry made the motion, seconded by Councilmember Cade,
ratification of the property tax revenue increase reflected in the budget.
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AYES: Koza, Carbone, Hernandez, Cade, Barry, and Patel.
NAYS: Kamkar.
The motion carried.
3.Consideration and Possible Action- First Reading of Ordinance No. 1630 -
An Ordinance adopting a tax rate of $0.6554 and levying taxes for the use
and support of the Municipal Government of the City of Pearland, Texas,
and providing for the interest and sinking fund of the taxable year 2023.
Councilmember Cade made the motion, seconded by Mayor Pro-Tem Koza, to
approve Ordinance No. 1630.
Councilmember Cade made the motion, "I move that the property tax rate be
increased by the adoption of a tax rate of 0.6554, which is effectively a 18.8%
percent increase in the tax rate."
Councilmember Kamkar made a motion to reduce the General Fund to $.015
pennies. The motion died for the lack of a second.
AYES: Koza, Carbone, Hernandez, Cade, Barry, and Patel.
NAYS: Kamkar.
The motion carried.
4.Consideration and Possible Action – First Reading of Ordinance No. 1358-
26 - 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 Hernandez made the motion, seconded by Councilmember
Barry, to approve Ordinance No. 1358-26.
AYES: Koza, Carbone, Hernandez, Cade, Barry, and Patel.
NAYS: Kamkar.
The motion carried.
5.Consideration and Possible Action - Resolution No. R2023-216 - A
Resolution of the City Council of the City of Pearland, Texas, adopting a
Five-Year Capital Improvement Program (2024-2028).
Mayor Pro-Tem Koza made the motion, seconded by Councilmember
Hernandez, to approve Resolution No. R2023-216.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
6.Consideration and Possible Action - Resolution No. R2023-212 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
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construction services contract associated with the Somersetshire Estates
Waterline Replacement Project to D. L. Glover Utilities, LLC., in the
estimated amount of $657,534.76.
Councilmember Kamkar made the motion, seconded by Councilmember
Hernandez, to approve Resolution No. R2023-212.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
IX.CONSENT AGENDA
A.Consider and Possible Action - Approval of minutes for the City Council
Special Meeting held on August 21, 2023 and the City Council and Planning
and Zoning Joint Planned Development Workshop and Regular Meeting
held on August 28, 2023.
B.Consideration and Possible Action - Excuse the absence of
Councilmember Adrian Hernandez from the August 28, 2023 City Council
Regular Meeting.
C.Consideration and Possible Action - Appointing a member to the Pearland
Convention & Visitors Bureau Advisory Board.
THIS ITEM WAS PULLED FROM THE AGENDA.
D.Consideration and Possible Action - Resolution No. R2023-222 - A
Resolution of the City Council of the City of Pearland, Texas, nominating
a candidate(s) for a position on the board of directors of the Brazoria
County Appraisal District.
E.Consideration and Possible Action - Resolution No. R2023-217 - A
Resolution of the City Council of the City of Pearland, Texas, establishing
the Council Meeting times and dates for 2024.
F.Pulled for discussion.
G.Consideration and Possible Action - Second and Final 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;
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containing a savings clause, a severability clause, and an effective date
and other provisions related to the subject.
H.Consideration and Possible Action - Second and Final 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 Neighborhood Services (NS)
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.
I.Consideration and Possible Action - Resolution No. R2023-215 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
contract for overhead door services (maintenance and repairs) associated
with City facilities, with DH Pace, Inc., in the estimated amount of
$60,000.00, for the period of October 1, 2023 to September 30, 2024.
J.Consideration and Possible Action - Resolution No. R2023-211 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
contract associated with Natatorium Air Handler Replacement Project to
Carrier DSO Houston, in the amount of $314,950.00.
K.Consideration and Possible Action - Resolution No. R2023-214 - 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
3-year pricing arrangement (1 year with 2 renewals) with the Buyboard for
the purchase of auto parts, in the annual estimated amount of $200,000.00,
from A-Line Auto Parts for the period of September 12, 2023 through
September 11, 2024.
L.Consideration and Possible Action- Resolution No. R2023-201 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
sole purchase of service filters and assemblies to support the JHEC
Water Reclamation Facility to Aqua-Aerobic Systems, Inc., in the
estimated amount of $150,000.00.
M.Consideration and Possible Action - Resolution No. R2023-208 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate in a 3-year interlocal
cooperative pricing arrangement (1-year term with 2 renewals) with the
Buyboard Purchasing System for the purchase of Fire Department
Uniforms, in the annual estimated amount of $264,082.00, from Got You
Covered Work Wear & Uniforms for the period of November 1, 2023
through October 31, 2024.
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N.Consideration and Possible Action - Resolution No. R2023-221 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
kennel cleaning services contract for the Shari D. Coleman Animal Shelter
and Adoption Center, to Ambassador Services, LLC, in the amount of
$70,353.00 for the period of September 15, 2023 through September 14,
2024.
Councilmember Carbone made the motion, seconded by Mayor Pro-Tem
Koza, approve A-N, except for F.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
X.MATTERS REMOVED FROM CONSENT AGENDA
F.Consideration and Possible Action - Second and Final 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
23-06, 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 Patel made the motion, seconded by Councilmember Cade, to
approve Ordinance No. 2000M-249.
AYES: Koza, Carbone, Kamkar, Hernandez, Barry, and Patel.
NAYS: Cade.
The motion carried.
XI.OTHER BUSINESS
There were no other business items.
XII.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
1.Council Discussion- Regarding Garage Sale Permit Fee Updates
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Staff was directed to research other cities' requirements and standards for
community garage sale fees and adding Garage Sale Permit fee to the City's fee
schedule.
Information will be presented at a future Council meeting.
XIII.EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 9:20 p.m.
Section 551.074 - Deliberation regarding ratification of the City Manager's
appointment of a Director of Community Development.
XIV.NEW BUSINESS CONTINUED
Council returned from Executive Session at 9:43 p.m.
7.Consideration and Possible Action - Regarding ratification of the City
Manager's appointment of a Director of Community Development.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember Barry, to
ratify the City Manager's appointment of the Director of Community
Development.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
XV.ADJOURNMENT
Mayor Cole adjourned the meeting at 9:44 p.m.
The Minutes were approved on this the 25th day of September 2023.
City of Pearland, Texas
J. Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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