2024-04-22 City Council Regular Meeting Minutes
Pearland City Council Minutes April 22, 2024
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
APRIL 22, 2024
The City Council of Pearland, Texas convened in a meeting on Monday, April 22, 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 Cade 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
Deputy City Attorney Lawrence Provins
Deputy City Secretary Gladis Sanchez
All members were present.
IV. CITIZEN COMMENTS
David Lee, 2504 Longwood Dr., expressed concern about water quality within his
residence and the infrastructure of Longwood Drive.
Mark Smith, 4008 Longherridge Dr., addressed the Council for a possible contract
amendment with Brazoria County ESD 4.
Glinda Frazier, 11412 Gladewater Dr., addressed the Council about amending the
Frontier contract to allow residents the opportunity to get smaller trash and recycling
bins.
V. PUBLIC HEARING NO. 1
1. Public Hearing: A request by Mona Malone, applicant, on behalf of
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Jerome Karam, owner, for approval of a Conditional Use Permit (CUP) for
a Child Day Care Center (Business) use within the Office & Professional
(OP) District, on approximately 6.309 acres of land, 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.
There were no citizen comments.
Mayor Cole closed the Public Hearing.
VI. NEW BUSINESS NO. 1
1. Consideration and Possible Action - Resolution No. R2024-CUP24-03 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for a Child Day Care Center (Business) use
within the Office & Professional (OP) District, to accommodate a Child
Day Care Center, on approximately 6.309 acres of land, being 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 (located at 3801 Liberty Drive, Pearland, TX). Conditional Use
Permit Application No CUP24-03, for a Child Day Care Center (Business)
use, within the Office & Professional (OP) District, at the request of Mona
Malone, applicant, on behalf of Jerome Karam, owner, containing a
savings clause, a severability clause, and an effective date and other
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provisions related to the subject.
Councilmember Carbone made the motion, seconded by Councilmember Cade
to approve Resolution No. R2024-CUP24-03.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
VII. PUBLIC HEARING NO. 2
2. Public Hearing: A request by Vincent Gerard & Associates, applicant, on
behalf of Bill & Nancy Williams, owner, for approval of a Conditional Use
Permit (CUP) to replace an existing wireless communications tower with
a hundred and fifty feet (150’) tall wireless communications tower within
the Light Industrial (M-1) District, on approximately 9.140 acres of land, to
wit:
Legal Description: Being a 9.140-acre (358,154.94 square feet) tract of
land situated in the ACH&B Survey, Section No. 1, Abstract No. 147,
being all of a called 9.1404 acres, described in deed to Bill E. Williams &
Nancy C. Williams, Trustees, recorded in Instrument No. 2015040910,
Deed Records, Brazoria County, Texas.
General Location: 3326 South Main Street, Pearland, Texas.
Mayor Cole opened the Public Hearing.
Presentation provided by Martin Griggs, Assistant Director of Community
Development.
Vince Huebinger, Owner of Vincent Gerard & Associates, representing the
applicant, was present to answer questions from the Council.
There were no citizen comments.
Mayor Cole closed the Public Hearing.
VIII. NEW BUSINESS NO. 2
2. Consideration and Possible Action - Resolution No. R2024-CUP24-10 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to replace an existing wireless
communications tower with a hundred and fifty feet (150’) tall wireless
communications tower within the Light Industrial (M-1) District, to
accommodate a new wireless communications tower, on approximately
9.140 acres of land, being a 9.140-acre (358,154.94 square feet) tract of
land situated in the ACH&B Survey, Section No. 1, Abstract No. 147,
being all of a called 9.1404 acres, described in deed to Bill E. Williams &
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Nancy C. Williams, Trustees, recorded in Instrument No. 2015040910,
Deed Records, Brazoria County, Texas (located at 3326 South Main
Street, Pearland, TX). Conditional Use Permit Application No CUP24-10,
for a new wireless communications tower, within the Light Industrial (M-
1) District, at the request of Vincent Gerard & Associates, applicant, on
behalf of Bill & Nancy Williams, 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 Mayor Pro-Tem
Koza to approve Resolution No. R2024-CUP24-10.
Councilmember Thumann made the motion, seconded by Mayor Pro-Tem
Koza to amend Resolution No. R2024-CUP24-10 to include a light at the top of
the tower that could be approved by the FAA, without the software.
AYES: Koza, Carbone, Chavarria, Hernandez, Thumann, and Patel.
NAYS: Cade.
The motion carried.
Councilmember Hernandez made the motion, seconded by Councilmember
Cade to amend Resolution No. R2024-CUP24-10 to have the pole decorative
be consistent with the trees that are already in the area.
AYES: Hernandez and Cade.
NAYS: Koza, Carbone, Chavarria, Thumann, and Patel.
The motion failed.
Councilmember Chavarria made the motion, seconded by Mayor Pro-Tem
Koza to approve R2024-CUP24-10, as amended.
AYES: Koza, Carbone, Chavarria, Thumann, and Patel.
NAYS: Hernandez and Cade.
The motion carried.
IX. PUBLIC HEARING NO. 3
3. Public Hearing: A request by James Ramirez, applicant, on behalf of
Shauntel Barnett Russell, owner, for approval of a Conditional Use Permit
(CUP) for an Auto Repair (Major) use within the General Commercial (GC)
District, on approximately 2.793 acres of land, to wit:
Legal Description: 2.793-acre tract of land being a part of Lots 3, 4 and 5
of the George W. Jenkins Subdivision, recorded in Volume 2, Page 20, of
the Plat Records of Brazoria County, Texas.
General Location: 1415 Broadway Street, Pearland, Texas.
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Mayor Cole opened the Public Hearing.
Presentation provided by Martin Griggs, Assistant Director of Community
Development.
James Ramirez and Edward Alvarado, applicants, were present to answer
questions from the Council.
David Lee, 2504 Longwood Dr., expressed his concern about the CUP.
Mayor Cole closed the Public Hearing.
X. NEW BUSINESS NO. 3
3. Consideration and Possible Action - Resolution No. R2024-CUP24-12 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for an Auto Repair (Major) use within the
General Commercial (GC) District, to accommodate an auto repair (major)
use, on approximately 2.793 acres of land, being a 2.793-acre tract of land
being a part of Lots 3, 4 and 5 of the George W. Jenkins Subdivision,
recorded in Volume 2, Page 20, of the Plat Records of Brazoria County,
Texas (located at 1415 Broadway Street, Pearland, TX). Conditional Use
Permit Application No CUP24-12, for an Auto Repair (Major) use, within
the General Commercial (GC) District, at the request of James Ramirez,
applicant, on behalf of Shauntel Barnett Russell, 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 Cade to
approve Resolution No. R2024-CUP24-12 with the following conditions:
1. The façade facing Broadway Street shall be brought into compliance
with the façade requirements of the Corridor Overlay District (COD)
(transparency, articulation, COD color palette).
2. A landscaping area shall be provided along Broadway Street that is
outside of any minimum required fire lane or drive aisle.
3. The existing barbed wire fencing shall be removed from the property.
4. An approved privacy fence shall be provided along the side yard.
5. The applicant shall demonstrate that the proposed change of use will
not negatively affect stormwater runoff.
Councilmember Chavarria made the motion, seconded by Councilmember
Cade to amend the Resolution by striking the second condition, that reads: "A
landscaping area shall be provided along Broadway Street that is outside of
any minimum required fire lane or drive aisle" and replace it with "A no parking
area shall be provided along Broadway Street."
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
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Councilmember Carbone made the motion, seconded by Mayor Pro-Tem Koza
to amend the Resolution by removing the third condition, that reads: "The
existing barbed wire fencing shall be removed from the property."
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
amend Resolution No. R2024-CUP24-12 with the following four conditions, as
amended:
1. The façade facing Broadway Street shall be brought into compliance
with the façade requirements of the Corridor Overlay District (COD)
(transparency, articulation, COD color palette).
2. A no parking area shall be provided along Broadway Street that is
outside of any minimum required fire lane or drive aisle.
3. An approved privacy fence shall be provided along the side yard.
4. The applicant shall demonstrate that the proposed change of use will
not negatively affect stormwater runoff.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
XI. PUBLIC HEARING NO. 4
4. Public Hearing: A request by Alan Mueller, applicant, on behalf of MMSN
Enterprise of Texas #2, LLC., represented by Nick Motamedi, owner, for
approval of a Conditional Use Permit (CUP) for a Gasoline Station use
within the General Business (GB) District, on approximately 2.1804 acres
of land, to wit:
Legal Description: 2.1804 acres or 94,978 square feet of land being part
of Lot 31, Section 10, of the Allison Richey Gulf Coast Home Company
Subdivision recorded in Volume 2, Page 23, of the Plat Records of
Brazoria County, Texas.
General Location: Northwest Corner of McHard Road and Max Road,
Pearland, Texas.
Mayor Cole opened the Public Hearing.
Presentation provided by Martin Griggs, Assistant Director of Community
Development.
Alan Mueller, applicant, provided a presentation and was present to answer
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questions from the Council.
Nick Motamedi owner, spoke about the property and was present to answer
questions from the Council.
Sonia Serrano, 1714 Max Road, expressed her concerns about this new
development.
David Serrano, 1710 Max Road, expressed his concerns about this new
development.
Cassandra Serrano, 1710 Max Road, expressed her concerns about this new
development.
Richard Everett, 1709 Max Road, expressed his concerns about this new
development.
Mabel Cravey, 1920 O'Day Rd., expressed her concerns about this new
development.
Apollo Gonzales, 13223 Martin Lane, expressed his concerns about this new
development.
Kristen Wallman, 13207 Hampton Bay Dr., expressed her concerns about this
new development.
David Lee, 2504 Longwood Dr., expressed his concerns about this new
development.
Mayor Cole closed the Public Hearing.
XII. NEW BUSINESS
4. Consideration and Possible Action - Resolution No. R2024-CUP24-11 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for a Gasoline Station use within the
General Business (GB) District, to accommodate a gasoline station with a
convenience store and retail lease space, on approximately 2.1804 acres
of land, being 2.1804 acres or 94,978 square feet of land being part of Lot
31, Section 10, of the Allison Richey Gulf Coast Home Company
Subdivision recorded in Volume 2, Page 23, of the Plat Records of
Brazoria County, Texas (located at Northwest Corner of McHard Road
and Max Road, Pearland, TX). Conditional Use Permit Application No
CUP24-11, for a Gasoline Station use, within the General Business (GB)
District, at the request of Alan Mueller, applicant, on behalf of MMSN
Enterprise of Texas #2, LLC., represented by Nick Motamedi, owner,
containing a savings clause, a severability clause, and an effective date
and other provisions related to the subject.
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Councilmember Hernandez made the motion, seconded by Mayor Pro-Tem
Koza to approve Resolution No. R2024-CUP24-11.
AYES: None.
NAYS: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
The motion failed.
Mayor Cole recessed the meeting 8:56 p.m.
Council reconvened at 9:04 p.m.
XIII. CONSENT AGENDA
A. Consideration and Possible Action - Approve the minutes of the Pearland
City Council Workshop Meeting of April 8, 2024, and Regular Meeting of
April 8, 2024.
B. Consideration and Possible Action - Excuse the absence of
Councilmember Chad Thumann from the April 8, 2024 City Council
Regular Meeting.
C. Consideration and Possible Action - Approve appointments to citizen
boards and commissions as presented in the staff report.
THIS ITEM HAS BEEN PULLED FROM THE AGENDA.
D. Consideration and Possible Action - Resolution No. R2020-CUP20-00014-
1 - A Resolution Nunc Pro Tunc of the City Council of the City of Pearland
correcting the unintentional execution of Resolution No. R2020-CUP20-
00014 which failed by a vote of one vote For and four votes Against (1-4).
E. Consideration and Possible Action - Resolution No. R2024-68 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
unit cost contract with Lone Star Pavement Services, LLC., for road
striping services, in the estimated amount of $300,000.00, for the period
of April 25, 2024 through April 24, 2025.
F. Consideration and Possible Action - Resolution No. R2024-67 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
contract associated with the Community Development Block Grant
Program (B-18-MC-48-0400), for minor repairs and rehabilitation to single
family owner-occupied homes of low-moderate income Pearland
residents, to Circle Friends Construction, in the estimated amount of
$116,000.00 (total contract amount of $221,000.00).
G. Consideration and Possible Action - Resolution No. R2024-77 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
service contract for municipal veterinary services with Pearland Animal
Hospital, in the additional amount of $52,500.00 (total contract amount of
$100,000.00), for the period of September 12, 2023 through September 11,
2024.
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H. Consideration and Possible Action - Resolution No. R2024-73 - 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 Interlocal Purchasing System,
for the purchase of Police Department Technology Equipment, in the
estimated amount of $104,833.09, from Data Vox, Inc.
I. Consideration and Possible Action - Resolution No. R2024-75 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a consulting service contract with Matrix Consulting, to prepare a
Feasibility Study for consolidation of Fire and Police dispatch services,
in the estimated amount of $61,000.00.
Councilmember Cade made the motion, seconded by Councilmember Carbone
to approve Consent Agenda items A - I.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
XIV. NEW BUSINESS CONTINUED
5. Consideration and Possible Action – First Reading of Ordinance No. 374-
5 - An Ordinance of the City Council of the City of Pearland, Texas,
amending Chapter 31, Wrecker Service, of the City of Pearland Code of
Ordinances in its entirety, as it may have been, from time to time; having
a savings clause, a severability clause, a penalty clause, and a repealer
clause; providing for codification -and an effective date.
Councilmember Thumann made the motion, seconded by Councilmember
Cade to approve the First Reading of Ordinance No. 374-5.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
6. Consideration and Possible Action – First Reading of Ordinance No.
1358-28 - 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.
Councilmember Patel made the motion, seconded by Councilmember Carbone
to approve the First Reading of Ordinance No. 1358-28.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
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7. Consideration and Possible Action - Resolution No. R2024-46 - A
Resolution of the City Council of the City of Pearland, Texas, approving
and adopting the 2024 Hazard Mitigation Plan Update.
Councilmember Carbone made the motion, seconded by Mayor Pro-Tem Koza
to approve Resolution No. R2024-46.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
8. Consideration and Possible Action - Resolution No. R2024-71 - 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 asphalt repair services, in the estimated amount of
$1,061,704.40, from Pavecon for the period beginning April 23, 2024
through April 22, 2025.
Councilmember Chavarria made the motion, seconded by Councilmember
Thumann to approve Resolution No. R2024-71.
Tristian Frerich, Project Manager, with Pavecon, Ltd., Co., was present to
answer questions from the council.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
9. Consideration and Possible Action - Resolution No. R2024-70 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with Bowman Engineering & Consulting, Inc., for professional
services associated with the Longwood Park Drainage Improvement
Project, in the estimated amount of $516,326.69.
Mayor Pro-Tem Koza made the motion, seconded by Councilmember Patel to
approve Resolution No. R2024-70.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
10. Consideration and Possible Action - Resolution No. R2024-78 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract associated with the Sanitary Sewer
Rehabilitation – Barry Rose Basin (03 and 04) Project, to Lopez Utilities
Contractor, LLC., in the amount of $2,988,075.00.
Councilmember Hernandez made the motion, seconded by Councilmember
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Cade to approve Resolution No. R2024-78.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
11. Consideration and Possible Action - Resolution R2024-64 - A Resolution
of the City Council of the City of Pearland, Texas, authorizing
participation in the FY 2024-25 Houston-Galveston Area Council (HGAC)
Solid Waste Grant Program (SWMG); and authorizing execution of the
Grant Agreement awarding the City $70,953.00.
Councilmember Cade made the motion, seconded by Councilmember Carbone
to proclaim Resolution R2024-64 is in the City's best interest.
Councilmember Hernandez recused himself from this item.
AYES: Koza, Carbone, Chavarria, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
Councilmember Cade made the motion, seconded by Councilmember Carbone
to approve Resolution No. R2024-64.
AYES: Koza, Carbone, Chavarria, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
XV. MATTERS REMOVED FROM CONSENT AGENDA
There were no items removed from Consent Agenda.
XVI. OTHER BUSINESS
There were no other business items.
XVII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were no issues to discuss.
XVIII. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 9:35 p.m.
Section 551.074 - Discussion regarding membership on City Boards and
Commissions.
Conducted.
Section 551.074 - Deliberations regarding development of the City
Manager's Annual Performance Goals.
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Conducted.
Section 551.074 - Deliberation regarding an amendment to the City
Manager's employment contract.
Conducted.
Council returned from Executive Session at 11:12 p.m.
XIX. NEW BUSINESS CONTINUED
12. Consideration and Possible Action - Regarding City Boards and
Commissions appointment.
Lawrence Provins, Deputy City Attorney, read the motion "to conditionally
appoint Jenifer Stockdick to an unexpired term in Position 2 of the Planning
and Zoning Commission, upon confirmation of her ability to serve in that
capacity."
Mayor Pro-Tem Koza made the motion, seconded by Councilmember
Thumann to approve Jenifer Stockdick to the Planning and Zoning Board,
Position No. 2 for an unexpired term.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
13. Consideration and Possible Action - Regarding an amendment of the City
Manager's employment contract.
Lawrence Provins, Deputy City Attorney, read the motion "to amend the City
Manager's employment contract as discussed in executive session."
Mayor Pro-Tem Koza made the motion, seconded by Councilmember Carbone
to amend the contract for the City Manager.
AYES: Koza, Carbone, Chavarria, Hernandez, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
XX. ADJOURNMENT
Mayor Cole adjourned the meeting at 11:14 p.m.
The Minutes were approved on this the 13th day of May 2024.
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City of Pearland, Texas
J. Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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