2023-11-13 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Minutes November 13, 2023
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
MONDAY, NOVEMBER 13, 2023
The City Council of Pearland, Texas convened in a meeting on Monday, November 13, 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 6:33 p.m.
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
Councilmember Hernandez gave the Invocation and Councilmember Barry 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
Jim Johnson introduced the Pearland Chamber of Commerce's Leadership Pearland
class.
Jimmy Davis, 5009 Colmesneil, Pearland, expressed his concern regarding the funds
the City allocates for water payments to the City of Houston.
V. PUBLIC HEARING NO. 1
1. Public Hearing: A request by Cesar Dominguez, applicant, on behalf of
Bobby Orr, representing, Presidio Equities, LLC., owner, for approval of a
Conditional Use Permit (CUP) for a Restaurant (With Drive-In and/or
Drive-Thru Service) within the Light Industrial---(M-1) District, on
approximately 0.8278 acres of land, to wit:
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Legal Description: Lot 2, in Block 1, Minor Plat of Rice Drier Commercial
Park No. 2, a subdivision in Brazoria County, Texas, according to the
filed plat recorded in County Clerk’s File No. 2023030527 in the Plat
Records of Brazoria County, Texas.
General Location: 1818 Main Street, Pearland, TX.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
There were no citizen comments.
Mayor Cole closed the Public Hearing.
VI. NEW BUSINESS
1. Consideration and Possible Action - Resolution No. R2023-CUP23-16 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Restaurant (With Drive-In and/or Drive-
Thru District, (M-1) Industrial Light to within use, Service) the
accommodate a restaurant (with drive-in and/or drive-thru service), on
approximately 0.8278 acres of land, being described as Lot 2, in Block 1,
Minor Plat of Rice Drier Commercial Park No. 2, a subdivision in Brazoria
County, Texas, according to the filed plat recorded in County Clerk’s File
No. 2023030527 in the Plat Records of Brazoria County, Texas (located
1818 Main Street, Pearland, TX). Conditional Use Permit Application No
CUP23-16, for Restaurant (With Drive-In and/or Drive-Thru Service) use,
within Cesar of request the at District, Industrial Light the (M-1)
Dominguez, applicant, on behalf of Bobby Orr, representing, Presidio
Equities, LLC., 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
Cade, to approve Resolution No. R2023-CUP23-16 with the following
conditions:
1. The exterior building façades shall be developed in substantial
conformance with materials as depicted in façade renderings.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, and Patel.
NAYS: Barry.
The motion carried.
VII. PUBLIC HEARING NO. 2
2. Public Hearing: A request by Reji Samuel, applicant, on behalf of ROL-
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EMI Ventures, LLC., owner, for approval of a Conditional Use Permit
(CUP) for a Barber School within the General Business--- (GB) District, on
approximately 1.8969 acres of land, to wit:
Legal Description: Unrestricted Reserve 1, in Block 1, Final Plat of
Country Place Plaza, a subdivision in Brazoria County, Texas, according
to the map or plat thereof, recorded in Volume 24, Page 215 of the Plat
Records of Brazoria County, Texas.
General Location: 1801 Country Place Parkway Suite 115, Pearland, TX.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
Applicant Edward Carter, 212 Snow Pine Lane, Houston, Texas 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 - Resolution No. R2023-CUP23-17 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Barber School use, within the General
Business (GB) District, to accommodate a barber school, on
approximately 1.8969 acres of land, being described as Unrestricted
Reserve 1, in Block 1, Final Plat of Country Place Plaza, a subdivision in
Brazoria County, Texas, according to the map or plat thereof, recorded in
Volume 24, Page 215 of the Plat Records of Brazoria County, Texas
(located TX). Pearland, 115, Suite 1801 Place Country Parkway
Conditional Use Permit Application No CUP23-17, for Barber School use,
within the General Business (GB) District, at the request of Reji Samuel,
applicant, on behalf of ROL-EMI Ventures, 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 Mayor Pro-Tem Koza,
to approve Resolution R2023-CUP23-17.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
IX. PUBLIC HEARING NO. 3
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3. Public Hearing: A request by Yasin Ansari, applicant, on behalf of South
Texas Educational Technologies, owner, for approval of a Conditional
Use Permit (CUP) to deviate from the transparency requirements within
the Old Town-General Business--- (OT-GB) District, on approximately
3.84 acres of land, to wit:
Legal Description: Unrestricted Reserve “A” of Alvin Community College
Pearland Texas, County, in Brazoria a Plat, Campus subdivision
according to the filed plat recorded in County Clerk’s File No. 2016010752
in the Plat Records of Brazoria County, Texas.
General Location: 2319 North Grand Boulevard, Pearland, TX.
Mayor Pro-Tem Koza recused himself from this item.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
There were no citizen comments.
Mayor Cole closed the Public Hearing.
X. NEW BUSINESS
3. Consideration and Possible Action - Resolution No. R2023-CUP23-18 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional from the deviate transparency (CUP) Permit Use to
requirements, within the Old Town-General Business (OT-GB) District, on
approximately 3.84 acres of land, being described as Unrestricted
Reserve “A” of Alvin Community College Pearland Campus Plat, a
subdivision in Brazoria County, Texas, according to the filed plat
recorded in County Clerk’s File No. 2016010752 in the Plat Records of
Brazoria County, Texas (located 2319 North Grand Boulevard, Pearland,
TX). Conditional Use Permit Application No CUP23-18, to deviate from the
transparency requirements, within the Old Town-General Business (OT-
GB) District, at the request of Yasin Ansari, applicant, on behalf of South
Texas Educational Technologies, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to
the subject.
Buck Stevens, 4201 West Orange, with the Pearland Historical Society, gave a
brief history of the subject property located at 2319 North Grand Boulevard.
Applicant Yasin Ansari was present to answer questions from the Council.
Councilmember Hernandez made the motion, seconded by Councilmember
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Cade, to approve Resolution No. R2023-CUP23-18.
AYES: Carbone, Kamkar, Hernandez, Barry, and Patel.
NAYS: Cade.
The motion carried.
XI. PUBLIC HEARING NO. 4
4. Public Hearing - Regarding the Adoption of the Pearland2040
Comprehensive Plan.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development; Florence Buaku, Senior Planner; Mike Shelton, Project Manager
with Kimley-Horn; and Josie Ortiz, Planner with Kimley-Horn.
There were no citizen comments.
Mayor Cole closed the Public Hearing.
XII. NEW BUSINESS
4. Consideration and Possible Action – First Reading of Ordinance No. 1633
- An Ordinance of the City Council of the City of Pearland, Texas,
adopting a Comprehensive Plan to act as a guide for regulating land use
within the incorporated limits of Pearland; containing a savings clause, a
severability clause and a repealer clause; and providing an effective date.
Councilmember Cade made the motion, seconded by Mayor Pro-Tem Koza, to
approve Ordinance No. 1633.
Councilmember Hernandez made the motion, seconded by Councilmember
Cade, to postpone upon the condition that the feedback provided to staff has
been addressed and implemented.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
XIII. CONSENT AGENDA
A. Consideration and Possible Action - Approval of minutes for the City
Council Special and Regular Meeting held on October 23, 2023, and City
Council Special Meeting held on October 30, 2023.
B. Consideration and Possible Action - Excuse the absence of Mayor Pro-
Tem Joseph Koza from the October 23, 2023 City Council Regular
Meeting.
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C. Consideration and Possible Action - Excuse the absence of
Councilmember Tony Carbone from the October 23, 2023 City Council
Regular Meeting.
D. A - R2023-279 No. Resolution and Action Possible Consideration -
Resolution of the City Council of the City of Pearland, Texas, approving
Special Event Permit No. EVNT23-00059, authorizing a permit to host the
City’s Hometown Christmas Parade on portions of FM518 (December
2023 through December 2027).
E. No. A - R2023-280 Resolution Consideration Action Possible and -
Resolution of the City Council of the City of Pearland, Texas, approving
Special Event Permit No. EVNT23-00060, a permit to host the City’s
Hometown Christmas Festival (December 2023 through December 2027).
F. of Reading Final and Second - Possible and Consideration Action
Ordinance No. 2000M-253 -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 16 and Lot 17, in Block 2, of
Willowcrest Addition, Section 1, an addition in Brazoria County, Texas,
according to the map or plat thereof, recorded in Volume 9, Page 90 of
the Map Records of Brazoria County, Texas (located at 2315 & 2317
Cedar Street, Pearland, Texas). Zone Change Application No. ZONE 23-
12, a request by Lisa To, applicant, on behalf of Simplice Guelson, owner,
for approval of a zone change from Neighborhood Service (NS) District to
Single-Family Residential-2 (R-2) 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.
G. Resolution A - No. - R2023-284 Possible and Action Consideration
Resolution of the City Council of the City of Pearland, Texas, amending a
contract Intersection Ranch Creek (Shadow services design for
Improvement Project), with Traffic Engineers, Inc., in the additional
amount of $115,857.00 (total contract amount of $904,499.50).
H. A - R2023-275 No. Resolution and Action Possible Consideration -
Resolution of the City Council of the City of Pearland, Texas, renewing a
supply contract for Openway Riva components and parts (associated
with Badger water meters) to Republic Meter, Inc., in the estimated
amount of $213,498.00, for the period of December 1, 2023 through
November 30, 2024.
I. Pulled for discussion.
J. No. - A R2023-277 Resolution and Action Possible Consideration -
Resolution of the City Council of the City of Pearland, Texas, authorizing
the interlocal an participate to in his or Manager City designee
cooperative pricing arrangement with the Texas Department of
Information Resources (DIR) for the purchase of phone related services
from AT&T, in the estimated amount of $175,000.00 for Fiscal Year 2024.
K. Consideration and Possible Action - Resolution No. R2023-278 - A
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Resolution of the City Council of the City of Pearland, Texas, authorizing
the purchase of software maintenance renewals and hardware upgrades,
from Convergint Technologies using Omnia purchasing cooperative, in
the amount of $108,432.00 for Fiscal Year 2024.
Councilmember Barry made the motion, seconded by Mayor Pro-Tem Koza, to
approve Consent Agenda items A-K, except for I.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
XV. MATTERS REMOVED FROM CONSENT AGENDA
I. A - R2023-281 Resolution No. Action Possible and Consideration -
Resolution of the City Council of the City of Pearland, Texas, renewing a
supply contract for water meters to Badger Meter, Inc., in the estimated
amount of $332,545.00, for the period of December 1, 2023 through
November 30, 2024.
Councilmember Patel made the motion, seconded by Councilmember Barry, to
approve Resolution No. R2023-281.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
Councilmember Hernandez made the motion, seconded by Councilmember
Cade, to suspend the rules and move Council Discussion and Direction -
Regarding proposed amendments to the City's Tree Protection and
Preservation Ordinance before the New Business Continued agenda items 5-
7.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
XVII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
1. Council Discussion and Direction- Regarding proposed amendments to
the city's Tree Protection and Preservation Ordinance.
Buck Stevens, 4201 West Orange, in favor of updating the Tree Protection and
Preservation Ordinance.
Chris Kristoffer Schoeffler, 2126 Roy Road, in favor of updating the Tree
Protection and Preservation Ordinance.
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Tom Amundsen, 9447 Gates Loop, Manvel, in favor of updating the Tree
Protection and Preservation Ordinance.
Linda Kuhn, 2112 West Marsala Drive, expressed the significance of trees in
our local environment.
Justin Barnett, 6302 Broadway, Suite 200, in favor of updating the Tree
Protection and Preservation Ordinance.
Mayor Cole read former City Councilmember Helen Beckman's letter regarding
the preservation of trees in the community.
The Council will appoint a special committee to rewrite the Tree Protection and
Preservation Ordinance. Nomination of committee members will be brought
back to Council at a future meeting.
Mayor Cole recessed the meeting.
Council reconvened at 10:29 p.m.
XIV. NEW BUSINESS CONTINUED
5. Presentation and Discussion - 2023 Biennial Community Survey.
Presentation was provided by Trent Epperson, City Manager; Josh Lee,
Director of Communications; and Jade Arocha, Director of Survey Research
with Polco.
Jimmy Davis, 5009 Colmesneil Street, Pearland, TX, expressed his concern
regarding gathered data and the City's expenditures.
6. A R2023-276 No. Resolution - - Possible and Consideration Action
Resolution of the City Council of the City of Pearland, Texas, awarding a
supply contract for fire apparatus preventative maintenance and repair
service with Siddons-Martin Emergency Group through the Cooperative
Purchasing Agreement with Buyboard, in the amount of $500,000.00, for
the period of November 14, 2023 to November 13, 2024.
Councilmember Patel made the motion, seconded by Councilmember Cade, to
approve Resolution No. R2023-276.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
7. from information Receive - Council and Input Financial Discussion
Advisor John Robuck, BOK Financial Securities, regarding the City's
recent bond sale, and staff report regarding the City's bond ratings.
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Presentation was provided by Trent Epperson, City Manager; John Robuck,
Financial Advisor with Bok Financial Securities; and Amy Buckert, Chief
Financial Officer.
XVI. OTHER BUSINESS
There were no other business items.
XVIII. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 11:45 p.m.
Section 551.074 - Personnel Matters - Regarding City Boards and
Commissions.
Conducted.
Section 551.087- Deliberations Regarding Economic Development
Negotiations.
Conducted.
Section 551.074 - Personnel Matters - Discussion regarding the annual
evaluation of the City Manager.
Conducted.
Council reconvened from Executive Session at 1:29 a.m.
XIX. NEW BUSINESS CONTINUED
8. Consideration and Possible Action - Regarding appointment to City
Boards and Commissions.
No action taken.
9. Consideration and Possible Action - Regarding Economic Development
Negotiations.
Councilmember Carbone made the motion, seconded by Mayor Pro-Tem
Koza, to approve the Pearland Economic Development Corporation to enter
into a Loan Assistance Agreements with project #2202 and with project #2304
as discussed in Executive Session.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
10. Consideration and Possible Action - Regarding the annual evaluation of
the City Manager.
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Councilmember Carbone made the motion, seconded by Councilmember
Cade, to adjust the City Manager's contract as discussed in Executive Session.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
XX.ADJOURNMENT
Mayor Cole adjourned the meeting at 1:31 a.m.
The Minutes were approved on this the 11th day of December 2023.
City of Pearland, Texas
J. Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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