2023-11-27 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Minutes November 27, 2023
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
NOVEMBER 27, 2023
The City Council of Pearland, Texas convened in a meeting on Monday, November 27, 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 6:36 p.m.
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
Mayor Cole 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 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
Adrian Hernandez, spoke on behalf of Keep Pearland Beautiful (KPB), and discussed
the impact of KPB for the 2022-2023 fiscal year.
V. PUBLIC HEARING NO. 1
1. Public Hearing- Regarding the creation of a Reinvestment Zone at 8720
Industrial Drive.
Mayor Cole opened the Public Hearing.
Presentation was provided by Darrin Coker, City Attorney.
There were no citizen comments.
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Mayor Cole closed the Public Hearing.
VI. NEW BUSINESS NO. 1
1. Consideration and Possible Action – First Reading of Ordinance No. 1632
- An Ordinance of the City Council of the City of Pearland, Texas, finding
that the City has established Guidelines and Criteria for Granting Tax
Abatement pursuant to Resolution No. R2023-85; designating and
describing a Reinvestment Zone (to be known as Reinvestment Zone #30)
generally located at the intersection of Industrial Drive and SH35, in
accordance with the Property Redevelopment and Tax Abatement Act;
finding that the improvements sought are feasible and practical and would
be a benefit to the land to be included in the zone and the municipality after
the expiration of the Tax Abatement Agreement; authorizing the City
Manager to sign tax abatement agree-ments when approved by the City
Council; having a savings clause and a severability clause; and an
effective date.
Councilmember Carbone made the motion, seconded by Councilmember Barry,
to approve Ordinance No. 1632.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
VII. PUBLIC HEARING NO. 2
2. Public Hearing: A request by Boos Development Group, represented by
Jag Sekhon, applicant, on behalf of BE FM 518 Realty LTD., owner, for
approval of a Conditional Use Permit (CUP) to allow Auto Wash use, within
the General Business (GB) District, on approximately 1.2085 acres of land,
to wit:
Legal Description: A 1.2085-acre tract of land located in the H.T. & B.R.R.
Company Survey, Section 21, Abstract No. 309, Brazoria County, Texas,
being out of and a portion of Lot 1, Block 1 of Final Plat Sunrise Flats
according to the map or plat thereof recorded in Brazoria County Clerk’s
File No. 2023043651, and being out of and a part of that certain tract of land
conveyed to BE FM 518 Realty LTD. recorded in Brazoria County Clerk’s
File No. 2022049189.
General Location: Southeast Corner of Broadway Street & Smith Road.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
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Rony Wang, with Houston Dragon Academy, spoke against building the Auto
Wash.
Picheng Zhao, 5255 Jason St., Houston, TX, spoke against building the Auto
Wash.
Lauren Smith, Project Manager for the proposed construction, was present to
answer any questions from the Council.
Scott Roltgen, with Excel Engineering, Inc., was present to answer any
questions from the Council.
Mayor Cole closed the Public Hearing.
VIII. NEW BUSINESS NO. 2
2. Consideration and Possible Action - Resolution No. R2023-CUP23-19 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Auto Wash use, within the General
Business (GB) District, to accommodate an auto wash facility, on
approximately 1.2085 acres of land, being described as a 1.2085-acre tract
of land located in the H.T. & B.R.R. Company Survey, Section 21, Abstract
No. 309, Brazoria County, Texas, being out of and a portion of Lot 1, Block
1 of Final Plat Sunrise Flats according to the map or plat thereof recorded
in Brazoria County Clerk’s File No. 2023043651, and being out of and a part
of that certain tract of land conveyed to BE FM 518 Realty LTD. recorded
in Brazoria County Clerk’s File No. 2022049189 (located Southeast Corner
of Broadway Street & Smith Road). Conditional Use Permit Application No
CUP23-19, for Auto Wash use, within the General Business (GB) District,
at the request of Boos Development Group, represented by Jag Sekhon,
applicant, on behalf of BE FM 518 Realty LTD., 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 Cade, to
amend the resolution with the following condition:
1. The exterior building facades shall be developed in substantial conformance
with materials as depicted in façade renderings.
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AYES: Koza, Carbone, Kamkar, Hernandez, Barry, and Patel.
NAYS: Cade.
The motion carried.
IX. PUBLIC HEARING NO. 3
3. Public Hearing: A request by Duplantis Design Group, PC, represented by
Sydney Rich, applicant, on behalf of BW Shadow Creek LLC., owner, for
approval of a Conditional Use Permit (CUP) for Auto Repair (Minor) use on
approximately 0.7308 acres of land within the Commercial District of the
Shadow Creek Ranch Planned Unit Development (PUD), to wit:
Legal Description: A tract containing 0.7308 acres of land, situated in the
J.W. Maxcy Survey, Abstract No. 675, Brazoria County, Texas, being a
residue of lot “D” conveyed to BW Shadow Creek, LLC. as recorded under
Brazoria County Clerk’s File (B.C.C.F.) No. 2017042317, also being out of
Lot “D”, Shadow Creek Ranch Commercial Site No. 18B, map or plat
thereof as recorded under Brazoria County Plat Records (B.C.P.R.) No.
2007035195.
General Location: 11219 Shadow Creek Parkway, Pearland, TX.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
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John Davis, applicant, was present to answer questions from the Council.
Max Manoocheri, 11313 Shadow Creek Parkway, Pearland, TX, spoke against
building the Auto Repair Shop.
Mayor Cole closed the Public Hearing.
X. NEW BUSINESS NO. 3
3. Consideration and Possible Action - Resolution No. R2023-CUP23-20 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Auto Repair (Minor) use, within the
Commercial District of the Shadow Creek Ranch Planned Unit
Development (PUD), to accommodate an auto repair minor facility, on
approximately 0.7308 acres of land, being described as a tract containing
0.7308 acres of land, situated in the J.W. Maxcy Survey, Abstract No. 675,
Brazoria County, Texas, being a residue of lot “D” conveyed to BW
Shadow Creek, LLC. as recorded under Brazoria County Clerk’s File
(B.C.C.F.) No. 2017042317, also being out of Lot “D”, Shadow Creek Ranch
Commercial Site No. 18B, map or plat thereof as recorded under Brazoria
County Plat Records (B.C.P.R.) No. 2007035195 (located at 11219 Shadow
Creek Parkway, Pearland, TX). Conditional Use Permit Application No
CUP23-20, for Auto Repair (Minor) use, within the Commercial District of
the Shadow Creek Ranch Planned Unit Development (PUD), at the request
of Duplantis Design Group, PC, represented by Sydney Rich, applicant, on
behalf of BW Shadow Creek LLC., owner, 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 Barry, to
approve the resolution with the following condition:
1. Large shade trees shall be planted along the west and east property line
to screen adjacent properties from the service bays. Large shade trees
shall be provided with the total caliper inches to equal one inch (1’’) for
each (15’) of the lot length/width with a minimum planting of 2-inches
(2’’).
2. A continuous evergreen hedgerow with height not to exceed four (4) feet
shall be provided along the north property line to screen adjacent
properties from the service bays. If the pipeline easement holder does
not agree to any plantings within the boundary of the easement then this
condition shall be void upon receipt of confirmation from the easement
holder.
AYES: Koza, Carbone, Kamkar, Hernandez, Barry, and Patel.
NAYS: Cade.
The motion carried.
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XI. CONSENT AGENDA
A. Consideration and Possible Action - Resolution No. R2023-285 - A
Resolution and Order of the City Council of the City of Pearland, Texas,
casting votes for candidates for the Fort Bend County Appraisal District
Board of Directors for the 2024-2025 term.
B. Consideration and Possible Action - Resolution No. R2023-287 - A
Resolution and Order of the City Council of the City of Pearland,
Texas, casting votes for candidates for the Harris County Appraisal
District Board of Directors for the 2024-2025 term.
C. Consideration and Possible Action - Resolution No. R2023-288 - A
Resolution of the City Council of the City of Pearland, Texas, (“CITY”)
denying the Statement of Intent to change rates filed on or about October
30, 2023 by CenterPoint Energy Resources Corporation, d/b/a, CenterPoint
Energy Entex and CenterPoint Energy Texas Gas; authorizing continued
participation in the Texas Coast Utilities Coalition of Cities; authorizing
intervention in proceedings related to CenterPoint’s Statement of Intent;
requiring the reimbursement of municipal rate case expenses; authorizing
representation of the City by Special Counsel; finding that the meeting
complies with the Open Meetings Act; making other findings and
provisions related to the subject.
D. Consideration and Possible Action - Resolution No. R2023-283 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a professional services contract with Garver, LLC, associated with the
Dixie Farm Road North Regional Lift Station Rehabilitation Project, in the
amount of $264,228.00.
E. Consideration and Possible Action - Resolution No. R2023-282 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager to participate in an interlocal pricing arrangement with
Buyboard for the purchase of Fire Department medical supplies in the
estimated amount of $140,000, from Bound Tree Medical for the period of
November 23, 2023 through November 22, 2024.
F. Consideration and Possible Action - Resolution No. R2023-296 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager to participate in an interlocal pricing arrangement with
Buyboard for the purchase of Fire Department medical supplies in the
estimated amount of $140,000, from Life-Assist, Inc. for the period of
November 23, 2023 through November 22, 2024.
G. Consideration and Possible Action - Resolution No. R2023-292 - A
Resolution of the City Council of the City of Pearland, Texas,
extending a vehicle repair contract with International Paint and Body
of Pearland and ratifying expenditures, in the estimated amount of
$300,000.00, for the period of June 15, 2023 through June 14, 2024.
H. Pulled for discussion.
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Councilmember Hernandez made the motion, seconded by Councilmember
Barry, to approve Consent Agenda items A - H, except for H.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
XIII. MATTERS REMOVED FROM CONSENT AGENDA
H. Consideration and Possible Action - Resolution No. R2023-290 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
5-year contract (1-year with 4 renewals) for Automated License Plate
Reader Software and Hardware Maintenance Services, with Flock Safety,
Inc., in the estimated amount of $77,500.00.
Councilmember Kamkar made the motion, seconded by Councilmember Barry,
to approve Resolution No. R2023-290.
AYES: Koza, Carbone, Kamkar, Cade, Barry, and Patel.
NAYS: Hernandez.
The motion carried.
XII. NEW BUSINESS CONTINUED
4. Consideration and Possible Action - Resolution No. R2023-294 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract associated with the Elevated and Ground
Storage Water Tank Rehabilitation Project (Cullen EST, Southeast EST and
Magnolia GST), to CTEX Construction Services, in the amount of
$1,776,875.00.
Councilmember Cade made the motion, seconded by Councilmember Barry, to
approve Resolution No. R2023-294.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
5. Consideration and Possible Action – First Reading of Ordinance No. 532-
9 - An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 532, the Flood Damage Prevention Ordinance;
providing a penalty for violation; having a savings clause, a repealer
clause, a severability clause; providing for publication and an effective
date.
Councilmember Barry made the motion, seconded by Councilmember Carbone,
to approve Ordinance No. 532-9.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
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NAYS: None.
The motion carried.
6. Consideration and Possible Action – First Reading of Ordinance No. 1631-
1 - An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 1631, the 2023-2024 Annual Budget Ordinance,
to facilitate the changes identified herein; providing a savings clause, a
severa-bility clause, a repealer clause, and an effective date.
Councilmember Patel made the motion, seconded by Mayor Pro-Tem Koza, to
approve Ordinance No. 1631-1.
AYES: Koza, Carbone, Kamkar, Hernandez, Cade, Barry, and Patel.
NAYS: None.
The motion carried.
XIV. OTHER BUSINESS
There were no other business items.
XV. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were no Mayor/Council Issues for City Council Discussion.
XVI. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 8:11 p.m.
1. Section 551.071- Consultation with City Attorney - Potential participation
in class action litigation.
Conducted.
Council returned from Executive Session at 8:37 p.m.
XVII. ADJOURNMENT
Mayor Cole adjourned the meeting at 8:37 p.m.
The Minutes were approved on this the 11th day of December 2023.
City of Pearland, Texas
J. Kevin Cole
Mayor
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ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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