2024-03-25 City Council Regular Meeting Minutes
Pearland City Council Minutes March 25, 2024
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 25, 2024
The City Council of Pearland, Texas convened in a meeting on Monday, March 25, 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 Cade 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 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
David Lee, 2504 Longwood Dr. expressed his concern regarding Longwood Drive
street project.
V. PUBLIC HEARING NO. 1
1. Public Hearing: A request by Kurt Attaway, applicant, on behalf of
Vineyard Christian Fellowship of Pearland, owner, for approval of a
Conditional Use Permit (CUP) for the expansion of a Church use within
the Neighborhood Service (NS) District, on approximately 4.747 acres of
land, to wit:
Legal Description: Lot 1, in Block 1, Minor Plat of Vineyard Christian
Fellowship of Pearland, Inc., a subdivision in Brazoria County, Texas,
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according to the map or plat thereof, recorded in County Clerk’s File No.
2014043218 in the Plat Records of Brazoria County, Texas.
General Location: 2905 Harkey Road, Pearland, Texas.
Mayor Cole opened the Public Hearing.
Presentation provided by Martin Griggs, Assistant Director of Community
Development.
Kurt Attaway, applicant, was present to answer 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 - Resolution No. R2024-CUP24-07 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for expansion of a Church use, within the
Neighborhood Service (NS) District, to accommodate an expansion of an
existing Church, on approximately 4.747 acres of land, being Lot 1, in
Block 1, Minor Plat of Vineyard Christian Fellowship of Pearland, Inc., a
subdivision in Brazoria County, Texas, according to the map or plat
thereof, recorded in County Clerk’s File No. 2014043218 in the Plat
Records of Brazoria County, Texas (located at 2905 Harkey Road,
Pearland, TX). Conditional Use Permit Application No CUP24-07, for
expansion of a Church use, within the Neighborhood Service (NS)
District, at the request of Kurt Attaway, applicant, on behalf of Vineyard
Christian Fellowship of Pearland, 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. R2024-CUP24-07.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
VII. CONSENT AGENDA
A. Consideration and Possible Action - Approve the minutes of the Pearland
City Council Strategic Planning Workshop of February 23, 2024, Strategic
Planning Retreat of February 24, 2024; Special Meeting of February 26,
2024; Regular Meeting of February 26, 2024, and Regular Meeting of
March 4, 2024.
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B. Consideration and Possible Action - Excuse the absence of
Councilmember Rushi Patel from the March 4, 2024 City Council Regular
Meeting.
C. Consideration and Possible Action - Resolution No. R2024-43 - A
Resolution of the City Council of the City of Pearland, Texas, approving
Special Event Permit No. EVNT24-00019 to host the City’s Celebration of
Freedom Event (July 4, 2024 through 2028).
D. Consideration and Possible Action - Resolution No. R2024-44 - A
Resolution of the City Council of the City of Pearland, Texas, approving
Special Event Permit No. EVNT23-00061, to host the City’s Spring Fest
Event (April 2024 through April 2028).
E. Pulled for discussion.
F. Pulled for discussion.
G. Consideration and Possible Action - Resolution No. R2024-7 - A
Resolution of the City Council of the City of Pearland, Texas, amending
an Advanced Funding Agreement, as part of the Surface Transportation
Block Grant – Metro Mobility Program and Local Government with the
Texas Department of Transportation associated with the Mykawa Road
Widening Project (FM 518 to BW8).
H. Pulled for discussion.
I. Pulled for discussion.
J. Pulled for discussion.
K. Pulled for discussion.
L. Consideration and Possible Action - Resolution No. R2024-53 - A
Resolution of the City Council of the City of Pearland, Texas, approving
participation in the Office of the Governor, Criminal Justice Division, FY
2025 Victim Assistance, First Responder Mental Health Program; Grant
Number: 48360-02, in the total amount of $98,023.00.
M. Consideration and Possible Action - Resolution No. R2024-52 - A
Resolution of the City Council of the City of Pearland, Texas, approving
participation in the Office of the Governor, Criminal Justice Division, FY
2025 Victim Assistance, General Victim Assistance Direct Services
Program (VOCA); Grant Number 23623-12, in the total amount of
$169,580.00.
N. Pulled for discussion.
O. Pulled for discussion.
P. Pulled for discussion.
Q. Pulled for discussion.
R. Pulled for discussion.
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S. Pulled for discussion.
T. Consideration and Possible Action - Resolution No. R2024-37 - 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 through the Texas Association of
School Boards (TASB) Buy Board for the purchase and installation of
modular restrooms at Centennial Park, in the amount of $457,571.00,
from Restroom Facilities Limited.
U. Consideration and Possible Action - Resolution No. R2024-47 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Change Order with TDC2, LLC, in the amount of $230,093.86 (total
contract amount of $1,199,772.96), associated with the McHard Road
Fiber Optics Conduit and Cable Installation Project.
V. Pulled for discussion.
W. Pulled for discussion.
X. Pulled for discussion.
Y. Consideration and Possible Action - Resolution No. R2024-45 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a professional service contract with R.G. Miller Engineers, for
engineering services associated with the Wooten Road Lift Station
Decommissioning Project, in the estimated amount of $65,710.00.
Councilmember Chavarria made the motion, seconded by Mayor Pro-Tem
Koza, to approve the Consent Agenda items A-Y except for E,F, H-K, N-S, and
V-X.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
VIII. NEW BUSINESS CONTINUED
2. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 2000M-255 - 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 Lots 14, 15, 16 & Reserve C of Amending Plat
of the Plat of Replat of Pearland Town Center, a subdivision recorded in
File No. 2008005836 in the Official Records of Brazoria County, Texas
(located at South Side of 11200 Broadway Street, Pearland, Texas). Zone
Change Application No. ZONE 24-01, a request by Drake Dominy, Pelican
Builders and Andy Hall, Kimley-Horn and Associates, applicants, on
behalf of CBL Pearland Town Center Op PropCo and Pearland Town
Center LP, owner, for approval of amendments to the Pearland Town
Center Planned Unit Development, on approximately 37.4604 acres of
land; providing for an amendment of the zoning district map; containing
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a savings clause, a severability clause, and an effective date and other
provisions related to the subject.
Chris Dieter, 11218 Armstrong, expressed opposition regarding public safety
and home values in the area.
Norma Muñoz, 2704 Royal Creek Ct., expressed opposition regarding the
amount of apartments being built in the area.
LaShonda Johnson, 11318 Starlight Bay St., expressed opposition regarding
public safety and overcrowding of schools.
Presentation provided by Martin Griggs, Assistant Director of Community
Development.
Matthew Peno, General Manager at Pearland Town Center, 3909 Spring Arbor
Ct., spoke on behalf of CBL Properties, was present to answer questions from
the Council.
Ethan Harwell, AICP with Pelican Builders, 11233 Shadow Creek Parkway,
applicant, was present to answer questions from the Council.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember Cade, to
approve Ordinance No. 2000M-255.
AYES: Koza, Carbone, Chavarria, and Hernandez.
NAYS: Cade, Thumann, and Patel.
The motion carried.
3. Council Discussion - Regarding 65th North Group internal control and
vulnerability assessment results and current status of improvements.
Presentation provided by Trent Epperson, City Manager and Dave Ross, Chief
Executive Officer of 65th North Group.
4. Consideration and Possible Action - Resolution No. R2024-49 - A
Resolution of the City Council of the City of Pearland, Texas, adopting
the City of Pearland Strategic Priorities promulgated during the City's
2024 Annual Planning Retreat.
Presentation provided by Trent Epperson, City Manager.
Councilmember Hernandez made the motion, seconded by Councilmember
Cade, to approve Resolution No. R2024-49.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
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IX. MATTERS REMOVED FROM CONSENT AGENDA
E. Consideration and Possible Action - Resolution No. R2012-168-4 - A
Resolution of the City Council of the City of Pearland, Texas, amending
R2012-168-3 as it applies to Section 2, Membership Criteria for the
Convention and Visitors Bureau Advisory Board.
Councilmember Cade made the motion, seconded by Councilmember
Chavarria, to approve Resolution No. R2012-168-4.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
F. Consideration and Possible Action - Resolution No. R2024-42 - 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 the Texas Department of Public Safety associated with the
implementation of an automated Failure to Appear (“FTA”) system.
Councilmember Thumann made the motion, seconded by Mayor Pro-Tem
Koza, to approve Resolution No. R2024-42.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
H. Consideration and Possible Action - Resolution No. R2024-50 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
an Advanced Funding Agreement with the State of Texas, in the amount
of $8,378,200.00, for the right-of-way acquisition and construction costs
associated with the Mykawa Road Widening Project (FM 518 to BW8).
Councilmember Patel made the motion, seconded by Councilmember
Carbone, to approve Resolution No. R2024-50.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
I. Consideration and Possible Action - Resolution No. R2024-41 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a Local On-System Agreement (“LOSA”) with the Texas Department of
Transportation (“TxDOT”), associated with intersection improvements at
Pearland Parkway and FM 518.
Councilmember Carbone made the motion, seconded by Mayor Pro-Tem
Koza, to approve Resolution No. R2024-41.
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AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
J. Consideration and Possible Action - Resolution No. R2024-CUP23-06-1 -
A Resolution of the City Council of the City of Pearland, Texas, approving
an extension to R2023-CUP23-06 that allows for Gasoline Station use
within the General Commercial (GC) District, on approximately 2.3973
acres of land, being 2.3973 acres of land situated in the R.B. Lyle Survey,
Abstract No. 543, City of Pearland, Brazoria County, Texas, being a
portion of that certain called 13.3897 acres of land described in deed and
recorded in the Official Public Records of Real Property in Brazoria
County, Texas, under County Clerk's File No. 2021009685, also being a
portion of that certain Tract 56, Section 4 of W. Zychlinski Subdivision, a
subdivision as shown on map or plat recorded under Volume 29, Page 43
of the Deed Records of Brazoria County Texas (located at Northwest
Corner of Mykawa Road and McHard Road, Pearland, Texas).
Councilmember Chavarria made the motion, seconded by Councilmember
Cade, to approve Resolution No. R2024-CUP23-06-1.
AYES: Koza, Carbone, Chavarria, Cade, Thumann, and Patel.
NAYS: Hernandez.
The motion carried.
K. Consideration and Possible Action - Resolution No. R2024-38 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a 3rd Extension of an
Industrial District Agreement with Denbury Resources, Inc.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember
Carbone, to approve Resolution No. R2024-38.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
N. Consideration and Possible Action - Resolution No. R2024-55 - A
Resolution of the City Council of the City of Pearland, Texas, approving
participation in the Harris County Precinct 2 Partnership Project,
requesting $4,141,950.00 towards the total estimated cost of
$8,283,900.00 for the Clear Creek Recreational Trails Segment No. 5
Project in Pearland, Harris County, Texas.
Councilmember Hernandez made the motion, seconded by Councilmember
Cade, to approve Resolution No. R2024-55.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
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NAYS: None.
The motion carried.
O. Consideration and Possible Action - Resolution No. R2024-56 - A
Resolution of the City Council of the City of Pearland, Texas, approving
participation in the Harris County Precinct 2 Partnership Project,
requesting $1,925,000.00 towards the total estimated cost of
$6,635,000.00 for Transite Waterline Replacement in Green Tee
Subdivision, located in Pearland, Harris County, Texas.
Councilmember Cade made the motion, seconded by Councilmember
Hernandez, to approve Resolution No. R2024-56.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
P. Consideration and Possible Action - Resolution No. R2024-54 - A
Resolution of the City Council of the City of Pearland, Texas, approving
participation in the Harris County Precinct 2 Partnership Project,
requesting $1,710,000.00 towards the total estimated cost of
$3,420,000.00 for improvements to the Riverstone Ranch Regional Lift
Station, located in Pearland, Harris County, Texas.
Councilmember Thumann made the motion, seconded by Councilmember
Cade, to approve Resolution No. R2024-54.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
Q. Consideration and Possible Action - Resolution No. R2024-57 - A
Resolution of the City Council of the City of Pearland, Texas, approving
participation in the Harris County Precinct 2 Partnership Project,
requesting $400,000.00 towards the total estimated cost of $800,000.00
for the rehabilitation and erosion repairs to the Pearland Parkway Bridge,
located in Harris County, Texas.
Councilmember Patel made the motion, seconded by Mayor Pro-Tem Koza, to
approve Resolution No. R2024-57.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
R. Consideration and Possible Action - Resolution No. R2024-58 - A
Resolution of the City Council of the City of Pearland, Texas, approving
participation in the Homeland Security Grant Program (HSGP) – 2023
Urban Area Security Initiative (UASI), grant application numbers 48922-01
and 48923-01, in the total amount of $63,157.89.
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Councilmember Carbone made the motion, seconded by Councilmember
Chavarria, to approve Resolution No. R2024-58.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
V. Consideration and Possible Action - Resolution No. R2024-39 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a professional service contract with Civitas Engineering Group, for
design engineering services associated with the Riverstone Ranch
Regional Lift Station Expansion Project, Whispering Winds Relocation
Project and the Southdown Lift Station Rehabilitation Project, in the
estimated amount of $498,525.00.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember
Carbone, to approve Resolution No. R2024-39.
AYES: Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
W. Consideration and Possible Action - Resolution No. R2024-35 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Change Order with Durotech, in the amount of $163,909.52 (total contract
amount of $1,453,603.52), associated with the Public Safety Building
Renovation Project.
Matthew Mounzer, Project Manager with Durotech, was present to answer
questions from the Council.
Councilmember Hernandez made the motion, seconded by Councilmember
Cade, to approve Resolution No. R2024-35.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
X. Consideration and Possible Action - Resolution No. R2024-34 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate with interlocal
cooperative pricing partners for the purchase of furniture fixtures and
equipment associated with the Public Safety Building Renovation
Project, in the amount of $78,809.10, from The Luck Company.
Councilmember Cade made the motion, seconded by Councilmember
Thumann, to approve Resolution No. R2024-34.
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AYES: Koza and Hernandez.
NAYS: Carbone, Chavarria, Cade, Thumann, and Patel.
The motion failed.
S. Consideration and Possible Action - Resolution No. R2024-60 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Change Order with R Construction Civil, LLC, in the amount of
$499,550.58 (total contract amount of $14,058,989.69), associated with the
Bailey Road Expansion Project.
JB Ferguson, P.E., 1462 Houston, and Richard Weatherly, Design Engineer,
11200 Broadway, representatives with Freese Nichols, were present to answer
questions from the Council.
Councilmember Chavarria made the motion, seconded by Mayor Pro-Tem
Koza, to approve Resolution No. R2024-60.
AYES: Carbone, Hernandez, and Thumann.
NAYS: Koza, Chavarria, Cade, and Patel.
The motion failed.
Councilmember Cade made the motion, seconded by Councilmember
Thumann, to reconsider Resolution No. R2024-60.
AYES: Carbone, Hernandez, Cade, and Thumann.
NAYS: Koza, Chavarria, and Patel.
The motion carried.
Councilmember Chavarria made the motion, seconded by Mayor Pro-Tem
Koza, to approve Resolution No. R2024-60.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
X. OTHER BUSINESS
There were no other business items.
XI. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were no issues to discuss.
XII. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 9:40 p.m.
Section 551.071 - Consultation with City Attorney regarding legal advice
associated with the development of property in the City.
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Conducted.
Council returned from Executive Session at 10:41 p.m.
XIII.ADJOURNMENT
Mayor Cole adjourned the meeting at 10:41 p.m.
The Minutes were approved on this the 8th day of April 2024.
City of Pearland, Texas
J. Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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