2023-09-25 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Minutes September 25, 2023
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 25, 2023
The City Council of Pearland, Texas convened in a meeting on Monday, September 25, 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 Carbone gave the Invocation and Mayor Pro-Tem Koza 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
Deputy City Attorney Lawrence Provins
City Secretary Frances Aguilar
All members were present.
IV. CITIZEN COMMENTS
David Lee, 2504 Longwood Drive, Pearland, TX addressed Council regarding the Dixie
Wood subdivision filling in the drainage easement.
Donald Capps, 2702 Longwood Drive, Pearland, TX addressed Council regarding the
drainage issues from the Dixie Wood subdivision.
Andy Rathbun, 2807 Red Oak Lane, Pearland, TX addressed Council about the
proposed building of apartments on Fite Road.
Chris Hendricks, 2815 White Oak Lane, Pearland, TX addressed Council about the
proposed building of apartments on Fite Road and the inconsistencies of the 2020-2021
traffic study along Fite Road.
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Ann Marie Nava, 6510 Acorn Court, Pearland, TX addressed Council about possible
traffic issues, flooding concerns around the West Oaks subdivision and the impact the
potential apartment complex would be along Fite Road.
V. PUBLIC HEARING NO. 1
1. Public Hearing on FY24 Proposed City Property Tax Rate
Mayor Cole opened the Public Hearing.
Presentation was provided by Trent Epperson, City Manager and Rachel
Wynslow, Budget Officer.
There were no citizens comments.
Mayor Cole closed the Public Hearing.
VI. NEW BUSINESS NO. 1
1. Consideration and Possible Action – Second 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 Carbone made the motion, seconded by Councilmember
Cade, to approve Ordinance No. 1631.
Councilmember Kamkar made a motion to reduce the budget by $2 million.
The motion died for the lack of a second.
AYES: Koza, Carbone, Hernandez, Cade, Barry, and Patel.
NAYS: Kamkar.
The motion carried.
Councilmember Carbone made the motion, seconded by Councilmember
Cade, to ratify the property tax revenue increase reflected in the budget.
AYES: Koza, Carbone, Hernandez, Cade, Barry, and Patel.
NAYS: Kamkar.
The motion carried.
2. Consideration and Possible Action- Second 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.
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Councilmember Kamkar made the motion, seconded by Councilmember Cade,
to approve Ordinance No. 1630.
Councilmember Kamkar requested for the caption to be read by Lawrence
Provins, Deputy City Attorney, "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 tax rate by $.015 pennies.
The motion died for the lack of a second.
AYES: Koza, Carbone, Hernandez, Cade, Barry, and Patel.
NAYS: Kamkar.
The motion carried.
3. Consideration and Possible Action – Second 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.
Mayor Pro-Tem Koza 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.
VII. CONSENT AGENDA
A. Consideration and Possible Action - Approval of minutes of the City
Council Workshop held on September 11, 2023 and Regular meeting held
on September 11, 2023.
B. Consideration and Possible Action - Resolution No. R2023-229 - A
Resolution of The City Council of the City of Pearland, Texas, adopting an
Amended Investment Policy, Investment Strategy and approved Brokers
in accordance with Chapter 2256 of the Government Code (“Public Funds
Investment Act”).
C. Consideration and Possible Action - Resolution No. R2023-136.1 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into an Interlocal Agreement with
Brazoria County for paving services.
D. Consideration and Possible Action - Resolution No. R2023-236 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to amend an Interlocal Agreement with
the Pearland Independent School District for the School Resource Officer
Program.
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E. Pulled for discussion.
F. Consideration and Possible Action - Resolution No. R2023-203 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with LJA Environmental Services, LLC, for professional
services associated with the Environmental Protection Agency (EPA) new
requirements to comply with the Lead and Copper Rule Revision, in the
estimated amount of $120,000.00.
G. Consideration and Possible Action - Resolution No. R2023-209 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
unit supply contract for bunker gear cleaning inspections and repair
services with Delta Industrial Service and Supply, in the estimated amount
of $130,000.00, for the period of October 12, 2023 through October 11,
2024.
H. Consideration and Possible Action - Resolution No. R2023-234 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
contract for Fire Department Dispatch Services with East Harris County
Communications, in the amount of $360,000.00 for the period of September
1, 2023 through August 31, 2024.
I. Consideration and Possible Action - Resolution No. R2023-225 - 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 drone equipment, in the estimated amount
of $68,348.30, from Adorama, Inc.
J. Consideration and Possible Action - Resolution No. R2023-230 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
supply contract for the purchase of Police Department Uniforms with Cop
Stop, in the estimated amount of $150,000.00, for the period of October 14,
2023 through October 13, 2024.
K. Consideration and Possible Action - Resolution No. R2023-237 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to award a unit supply and service
contract for the repair and replacement parts associated with the
Reflection Bay Reclamation Facility blowers, in the amount of $132,341.26,
from sole source provider Kaeser Compressors.
L. Consideration and Possible Action - Resolution No. R2023-235 - 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 GSA Advantage Purchasing Cooperative for
the purchase of a mobile LED screen, in the amount of $150,424.43, from
Insane Impact.
M. Pulled for discussion.
Councilmember Hernandez made the motion, seconded by Mayor Pro-Tem
Koza, to approve A - M, except for E and M.
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AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
VIII. NEW BUSINESS CONTINUED
4. Consideration and Possible Action - Second and Final 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 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 Cade made the motion, seconded by Councilmember
Hernandez, to approve Ordinance No. 2000M-252.
Dr. Kris Schoeffler, 2126 Roy Road, Pearland TX, addressed Council
regarding the potential zone changes.
AYES: Koza, Kamkar, Hernandez, and Patel.
NAYS: Carbone, Cade, and Barry.
The motion carried.
5. Consideration and Possible Action - Resolution No. R2023-219 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the power of eminent domain to acquire fee title to certain property for
road right-of-way; being 0.4614 acres (20,099 square feet) situated in the
Obediah Pitts Survey, A-626 in Harris County, Texas, being a portion of
that certain called 11.6 acre tract described in deed to The Kids Unlimited
Foundation, Inc. and recorded in File Number V217722 in the Official Public
Records of Real Property of Harris County, Texas for the construction and
maintenance of public road improvements on certain real property
described herein; authorizing the city attorney, or his designee, and other
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city officials to take such actions as are necessary to acquire said
property, located within the city, by donation, purchase, or by the exercise
of the power of eminent domain.
Councilmember Barry made the motion, seconded by Mayor Pro-Tem Koza, to
approve Resolution No. 2023-219.
Resolution No. R2023-219 caption to be read into record by Lawrence Provins,
Deputy City Attorney, “Consideration and Possible Action - Resolution No.
R2023-219 - A Resolution of the City Council of the City of Pearland, Texas,
authorizing the power of eminent domain to acquire fee title to certain property
for road right-of-way; being 0.4614 acres (20,099 square feet) situated in the
Obediah Pitts Survey, A-626 in Harris County, Texas, being a portion of that
certain called 11.6 acre tract described in deed to The Kids Unlimited
Foundation, Inc. and recorded in File Number V217722 in the Official Public
Records of Real Property of Harris County, Texas for the construction and
maintenance of public road improvements on certain real property described
herein; authorizing the city attorney, or his designee, and other city officials to
take such actions as are necessary to acquire said property, located within the
city, by donation, purchase, or by the exercise of the power of eminent domain."
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
6. Consideration and Possible Action - Resolution No. R2023-220 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the power of eminent domain to acquire a waterline easement on certain
real property; being a 0.1928 acre (8,398 square feet) of land located in
the James Hamilton Survey, Abstract 876, Harris County, Texas, being a
portion of Lot 16 1/2, Block F of the Allison Richey Gulf Coast Home
Company's Part Of Suburban Gardens, a subdivision of record in Volume
3, Page 40 of the Map Records of said Harris County, Texas (H.C.M.R.) for
the construction and maintenance of public waterline improvements on
certain real property described herein; authorizing the city attorney, or his
designee, and other city officials to take such actions as are necessary to
acquire said property, located within the city, by donation, purchase, or by
the exercise of the power of eminent domain.
Councilmember Patel made the motion, seconded by Mayor Pro-Tem Koza, to
approve Resolution No. R2023-220.
Resolution No. R2023-220 caption was read into record by Lawrence Provins,
Deputy City Attorney, "Consideration and Possible Action - Resolution No.
R2023-220 - A Resolution of the City Council of the City of Pearland, Texas,
authorizing the power of eminent domain to acquire a waterline easement on
certain real property; being a 0.1928 acre (8,398 square feet) of land located
in the James Hamilton Survey, Abstract 876, Harris County, Texas, being a
portion of Lot 16 1/2, Block F of the Allison Richey Gulf Coast Home Company's
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Part Of Suburban Gardens, a subdivision of record in Volume 3, Page 40 of the
Map Records of said Harris County, Texas (H.C.M.R.) for the construction and
maintenance of public waterline improvements on certain real property
described herein; authorizing the city attorney, or his designee, and other city
officials to take such actions as are necessary to acquire said property, located
within the city, by donation, purchase, or by the exercise of the power of eminent
domain."
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
7. Consideration and Possible Action - Resolution No. R2023-218 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Change Order with James Construction Group, LLC., in the amount of
$791,371.15 (total contract amount of $30,615,991.66, associated with the
McHard Road Extension Project.
Councilmember Carbone made the motion, seconded by Mayor Pro-Tem
Koza, to approve Resolution No. R2023-218.
Rudy Moreno, 1618 Hatfield Road, Pearland, TX addressed Council about the
flooding around the home due to construction on McHard Road.
James "JB" Ferguson, Group Manager with Freese and Nichols was available
to answer questions from the Council.
KC Umesh, Engineer with GC Engineering was available to answer questions
from the Council.
Lili Thoreson, Project Manager with James Construction Group was available to
answer questions from the Council.
Brandon Rutledge, Legal Counsel with James Construction Group was available
to answer questions from the Council.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
8. Consideration and Possible Action - Resolution No. R2023-223 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
contract associated with Natatorium Air Handler Replacement Project to
Texas Air Systems, in the amount of $651,970.00.
Councilmember Kamkar made the motion, seconded by Councilmember Cade,
to approve Resolution No. R2023-223.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
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NAYS: None.
The motion carried.
IX. MATTERS REMOVED FROM CONSENT AGENDA
E. Consideration and Possible Action - Resolution No. R2023-238 - A
Resolution of the City Council of the City of Pearland, Texas, ratifying
emergency expenditures with Freedom Chevrolet, for the purchase of (3)
Tahoe Vehicles for the Fire Department, in the amount of $221,550.00.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember Barry, to
approve Resolution No. R2023-238.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
M. Consideration and Possible Action - Regarding appointments to the
Boards and Commissions.
Councilmember Hernandez made the motion, seconded by Councilmember
Barry, to approve the appointment of Mayor Kevin Cole to the Development
Authority of Pearland (DAP) Board.
AYES: Koza, Carbone, Kamkar, Hernandez, 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. Council Discussion - Regarding proposed amendments to Unified
Development Code Ordinance No. 2000T, Tree Protection and
Preservation.
Staff was directed to move the United Development Code Ordinance No. 2000T,
Tree Protection and Preservation along quicker but also incorporate the changes
in the UDC rewrite, which is estimated to take eighteen months.
2. Consideration and Possible Action - Regarding the repeal of Section 3.06
of the Pearland Economic Development Corporation's Bylaws.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember
Carbone, to repeal Section 3.06 of the Pearland Economic Development
Corporation's Bylaws.
AYES: Koza, Carbone, Hernandez, Cade, Barry, and Patel.
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NAYS: Kamkar.
The motion carried.
XII.EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 9:40 p.m.
Section 551.074- Personnel Matters - Regarding City Boards and
Commissions.
Conducted
Council reconvened from Executive Session at 10:03 p.m.
XIII.ADJOURNMENT
Mayor Cole adjourned the meeting at 10:03 p.m.
The Minutes were approved on this the 9th day of October 2023.
City of Pearland, Texas
J. Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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