2024-02-26 City Council Regular Meeting Minutes
Pearland City Council Minutes February 26, 2024
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
FEBRUARY 26, 2024
The City Council of Pearland, Texas convened in a meeting on Monday, February 26, 2024 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 Hernandez gave the Invocation and Councilmember Thumann 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 Mona Chavarria
Councilmember Adrian Hernandez
Councilmember Layni Cade
Councilmember Chad Thumann
Councilmember Rushi Patel
City Manager Trent Epperson
City Attorney Darrin Coker
City Secretary Frances Aguilar
All members were present.
IV. CITIZEN COMMENTS
Vance Cade, 1901 Meadow Creek, expressed his concern regarding parking at Clear
Creek Trail.
Joy Farmer, 3205 Lee Circle, expressed her concern regarding the City's cleaning
services contract.
Douglas Holloway, 4513 Fox Run Street, thanked the efforts made by the City for
fixing the conditions on his street, but stated that there are drainage issues on 4503
Fox Run Street. He also mentioned the environmental conditions for bees in Brazoria
County.
V. PUBLIC HEARING NO. 1
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1. Public Hearing: A request by Mona Malone, applicant, on behalf of JKM5
Liberty LLC., owner, for approval of a zone change for 6.309 acres of land
from Single-Family Residential-2 (R-2) District to Neighborhood Service
(NS) District, to wit:
Legal Description: Parcel 1: Being a tract or parcel containing 4.190 acres
of land situated in the W.D.C Hall Survey, Abstract Number 70, Harris
County, Texas; being out of a called 8.031-acre tract of land conveyed to
Golden Rule Services Inc. as described by deed recorded under Brazoria
County Clerk’s File (B.C.C.F) Number 2011023182. Parcel 2: Being a tract
or parcel containing 2.119 acres of land situated in the W.D.C Hall
Survey, Abstract Number 70, Harris County, Texas; being out of a called
8.031-acre tract of land conveyed to Golden Rule Services Inc. as
described by deed recorded under Brazoria County Clerk’s File (B.C.C.F)
Number 2011023182.
General Location: 3801 Liberty Drive, Pearland, Texas.
Mayor Cole opened the Public Hearing.
Presentation provided by Martin Griggs, Assistant Director of Community
Development.
Mona Malone, applicant, was present to answer questions from the Council.
Richard Molish, 2418 Parkview, supports the Office Professional (OP)
designation as proposed by Planning and Zoning Commission.
Mayor Cole closed the Public Hearing.
VI. NEW BUSINESS
Action was taken on New Business Agenda Item No. 1, but was later reconsidered.
VII. PUBLIC HEARING NO. 2
2. Public Hearing: A request by Czarina O. Schocker, applicant, on behalf of
Pearland Office Center LLC., owner, for approval of a Conditional Use
Permit (CUP) for a Studio or Learning Center for Fine or Performing Arts
within the Business Park-288--- (BP-288) District, on approximately
30.715 acres of land, to wit:
Legal Description: Lot 1, in Block 1, Minor Plat Pearland Office Park, a
subdivision in Brazoria County, Texas, according to the map or plat
thereof, recorded in County Clerk’s File No. 2018021087 in the Plat
Records of Brazoria County, Texas.
General Location: 2743 Smith Ranch Road Unit 1501, Pearland, TX.
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Mayor Cole opened the Public Hearing.
Presentation provided by Martin Griggs, Assistant Director of Community
Development.
Czarina O. Schocker, 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 - Resolution No. R2024-CUP24-01 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Studio or Learning Center for Fine or
Performing Arts use, within the Business Park-288 (BP-288) District, to
accommodate a music studio for learning, on approximately 30.715 acres
of land, being described as Lot 1, in Block 1, Minor Plat Pearland Office
Park, a subdivision in Brazoria County, Texas, according to the map or
plat thereof, recorded in County Clerk’s File No. 2018021087 in the Plat
Records of Brazoria County, Texas (located 2743 Smith Ranch Road Unit
1501, Pearland, TX). Conditional Use Permit Application No CUP24-01, for
Studio or Learning Center for Fine or Performing Arts use, within the
Business Park-288 (BP-288) District, at the request of Czarina O.
Schocker, applicant, on behalf of Pearland Office Center LLC., owner,
containing a savings clause, a severability clause, and an effective date
and other provisions related to the subject.
Councilmember Chavarria made the motion, seconded by Councilmember
Cade, to approve Resolution No. R2024-CUP24-01.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
1. Consideration and Possible Action - First Reading of Ordinance No.
2000M-254 - 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 Parcel 1: being described as a tract or parcel containing
4.190 acres of land situated in the W.D.C Hall Survey, Abstract Number
70, Harris County, Texas; being out of a called 8.031-acre tract of land
conveyed to Golden Rule Services Inc. as described by deed recorded
under Brazoria County Clerk’s File (B.C.C.F) Number 2011023182; Parcel
2: being a tract or parcel containing 2.119 acres of land situated in the
W.D.C Hall Survey, Abstract Number 70, Harris County, Texas; being out
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of a called 8.031-acre tract of land conveyed to Golden Rule Services Inc.
as described by deed recorded under Brazoria County Clerk’s File
(B.C.C.F) Number 2011023182 (located at 3801 Liberty Drive, Pearland,
Texas). Zone Change Application No. ZONE 23-16, a request by Mona
Malone, applicant, on behalf of JKM5 Liberty LLC., owner, for approval of
a zone change from Single-Family Residential-2 (R-2) District to
Neighborhood Service (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.
Councilmember Carbone made the motion, seconded by Mayor Pro-Tem
Koza, to approve the Ordinance No. 2000M-254.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember
Chavarria, to reconsider Ordinance No. 2000M-254.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember
Chavarria, to amend Ordinance No. 2000M-254 to Office Professional (OP).
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember
Chavarria, to approve Ordinance No. 2000M-254 as amended.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
IX. CONSENT AGENDA
A. Consideration and Possible Action - Approval of minutes for the City
Council Workshop held on February 12, 2024, and City Council Regular
Meeting held on February 12, 2024
B. Consideration and Possible Action - Excuse the absence of
Councilmember Adrian Hernandez from the February 12, 2024 City
Council Regular Meeting.
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C. Consideration and Possible Action - Excuse the absence of
Councilmember Chad Thumann from the February 12, 2024 City Council
Regular Meeting.
D. Consideration and Possible Action – Second and Final Reading of
Ordinance No. 1358-27 - 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.
E. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 1416-2024 - An Ordinance of the City Council of the City of
Pearland, Texas, amending Chapter 9, Electricity, of the City of Pearland
Code of Ordinances; having a savings clause, a severability clause, and a
repealer clause; and provid-ing for codification -and an effective date.
F. Consideration and Possible Action - Resolution No. R2024-26 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter an Amended Memorandum of
Understanding with Brazoria Drainage District No. 4 associated with
right-of-way mowing.
G. Consideration and Possible Action - Resolution No. R2024-30 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a Development Agreement
with VC1 Pearland Limited Partnership, (“Developer”) for the
construction and maintenance of off-site public improvements
associated with the Elation at Pearland development.
H. Consideration and Possible Action - Resolution No. R2024-32 - A
Resolution of the City Council of the City of Pearland, Texas, ratifying
emergency expenditures with Ram Rod Utilities, for emergency repairs to
the City’s Sanitary Sewer System (5016 Apple Springs Dr.), in the amount
of $112,100.00.
I. Consideration and Possible Action - Resolution No. R2024-31 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate in interlocal cooperative
pricing agreements with Omnia Partners for the purchase and installation
of six (6) complete HVAC systems (West Pearland Community Center
HVAC Replacement Project), in the estimated amount of $125,152.00,
from TD Industries.
J. Consideration and Possible Action - Resolution No. R2024-27 - A
Resolution of the City Council of the City of Pearland, Texas, extending a
unit price lease contract for multi-function devices (printers, copier,
scanners) with Ricoh USA, in the estimated amount of $115,000.00, for
the period of February 27, 2024 through February 26, 2026.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember
Carbone, to approve Consent Agenda items A - J.
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AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
X. NEW BUSINESS CONTINUED
3. Consideration and Possible Action - Resolution No. R2024-11 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract associated with the Shadow Creek Trail
Project (Phase 2), to Tandem Services, LLC., in the amount of
$1,830,530.25.
Councilmember Hernandez made the motion, seconded by Councilmember
Cade, to approve Resolution No. R2024-11.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
XI. MATTERS REMOVED FROM CONSENT AGENDA
There were no items removed from Consent Agenda.
XII. OTHER BUSINESS
There were no other business items.
XII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were no issues to discuss.
XIV. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 7:08 p.m.
Section 551.087 - Deliberations regarding economic development
negotiations.
Conducted.
Section 551.072 - Deliberations regarding the purchase, lease, or
exchange of real property.
Conducted.
Council returned from Executive Session at 8:30 p.m.
XV. NEW BUSINESS CONTINUED
4. Consideration and Possible Action - Regarding the sale, purchase, lease
or exchange of real property.
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Councilmember Carbone made the motion, seconded by Councilmember
Thumann, to approve the acquisition process for the tract associated with
Prospect #2400 as discussed in Executive Session.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
5. Consideration and Possible Action - Regarding economic development
negotiations.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember
Chavarria, to authorize the City Manager or his designee to enter into a
Reimbursement Agreement between the City and the Pearland Economic
Development Corporation to fund public infrastructure cost in an amount not to
exceed $2,500.000; authorize a Development Agreement with Prospect #2307
and Pearland Economic Development Corporation; as discussed in Executive
Session.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
Councilmember Carbone made the motion, seconded by Councilmember
Chavarria, to authorize the City Manager or his designee to enter into Letter
Financing Agreements with Lower Kirby Pearland Management District
("District") and a Reimbursement Agreement Amendment with the Pearland
Economic Development Corporation, for certain road improvements that serve
the District; authorizing issuance of a Subordination Agreement; and
authorizing an Amendment to the Development Agreement between the City
and Levey Group Fund 25, LLC., (Prospect#2206) as discussed in Executive
Session.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember Cade, to
authorize the City Manager or his designee to enter into Letter Finance
Agreements with Lower Kirby Pearland Management District and a
Reimbursement Agreement between the City and the Pearland Economic
Development Corporation and approve staff moving forward with land
acquisition process for certain detention properties associated with the Lower
Kirby Drainage as discussed in Executive Session
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
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XVI.ADJOURNMENT
Mayor Cole adjourned the meeting at 8:34 p.m.
The Minutes were approved on this the 25th day of March 2024.
City of Pearland, Texas
J. Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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