2024-05-20 City Council Regular Meeting MinutesPearland City Council Minutes May 20, 2024
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
MAY 20, 2024
The City Council of Pearland, Texas convened in a meeting on Monday, May 20, 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 6:47 p.m.
II.INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
Councilmember Byrom gave the Invocation and Councilmember Chavarria 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 Tony Carbone
Councilmember Joseph Koza
Councilmember Mona Chavarria
Councilmember Clint Byrom
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
Keithy Bailey, 2702 Raven Ridge Drive, provided a brief introduction of Melanin Moms
of Pearland and highlighted the positive impact the organization has within the City.
Eugene Howard, 32 Lavida Ct., Manvel, thanked the Council and City Staff for their
support of the upcoming Juneteenth celebration.
V.CONSENT AGENDA
A.Consideration and Possible Action - Second and Final Reading of
Ordinance No. 1502-1 - An Ordinance of the City Council of the City of
Pearland, Texas, amending Chapter 4, Alcoholic Beverages, Section 4-2,
General Requirements of the City of Pearland Code of Ordinances as it
applies to Food and Beverage Certificate holders (i.e., restaurants);
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having a savings clause, a severability clause, and a repealer clause;
provid-ing for publication, codification, and an effective date.
B. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 1494-5 - An Ordinance of the City Council of the City of
Pearland, Texas, amending Ordinance No. 1494-4,establishing prima
facie speed limits established for vehicles under the provisions of
Section 545.356, Texas Transportation Code, upon certain streets and
highways, of parts thereof, within the corporate limits of the City of
Pearland, as set out in this ordinance and providing a penalty (McHard
Road from Cullen Blvd to Mykawa Road; and FM 2234 from the City
Limits to CR 94).
C. Consideration and Possible Action - Resolution No. R2024-81 - 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 Brazoria County for the annual collection and assessment of City
taxes and Public Improvement District assessments.
D. Consideration and Possible Action - Resolution No. R2024-97 - A
Resolution of the City Council of the City of Pearland, Texas, conveying a
drainage easement (east of Pearland Parkway and north of Hughes Road)
to Brazoria Drainage District No. 4 for maintenance and construction of
drainage facilities associated with Clear Creek.
E. Pulled for discussion.
F. Pulled for discussion.
G. 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 $58,478.40, from The Luck Company.
H. Pulled for discussion.
I. Consideration and Possible Action - Resolution No. R2024-86 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager to participate in an interlocal pricing arrangement with
Public Safety Association Inc., for the purchase of Fire Department
medical supplies and equipment in the estimated amount of $104,507.11,
from Zoll Medical.
J. Consideration and Possible Action - Resolution No. R2024-92 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager to participate in an interlocal pricing arrangement with
SAVVIK Buying Group for the purchase of Emergency Medical
Equipment in the estimated amount of $110,092.66, from Stryker.
Councilmember Koza made the motion, seconded by Mayor Pro-Tem
Carbone, to approve the Consent Agenda items A-J, except for E, F, and H.
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AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
VI. MATTERS REMOVED FROM CONSENT AGENDA
E. Consideration and Possible Action - Resolution No. R2024-94 - A
Resolution of the City Council of the City of Pearland, Texas, approving
Special Event Permit No. EVNT24-00032, to host the City’s Juneteenth
Freedom Celebration on June 15, 2024.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza
to approve Resolution No. R2024-94.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
F. Consideration and Possible Action - Resolution No. R2024-98 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the replacement of Computershare Trust Company, N.A. as Paying
Agent/Registrar for certain of the City of Pearland’s Bonds and
Certificates of Obligation; authorizing the appointment of BOKF, N.A., as
Paying Agent/Registrar for such Bonds and Certificates of Obligation;
authorizing the execution and delivery of Replacement Paying
Agent/Registrar Agreements with BOKF, N.A.; and other matters related
thereto.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember
Byrom to approve Resolution No. R2024-98.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
H. Consideration and Possible Action - Resolution No. R2024-87 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with Cobb Fendley & Associates, Inc., for design services
associated with the Dixie Farm at Hastings Friendswood Road
Intersection Improvement Project, in the estimated amount of $77,232.75.
Councilmember Thumann made the motion, seconded by Councilmember
Cade to approve Resolution No. R2024-87.
AYES: Carbone, Koza, Chavarria, Byrom, and Patel.
NAYS: Cade and Thumann.
The motion carried.
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VII. PUBLIC HEARING NO. 1
1. Public Hearing: A request by Helen Wang, applicant, on behalf of Sheng
Li, owner, for approval of a Conditional Use Permit (CUP) for a
Warehouse use within the General Commercial (GC) District, on
approximately 4.678 acres of land, to wit:
Legal Description: A 4.678-acre tract of land, being out of 9.5360 acres
(415,389 square feet) of land situated in Abstract No. 542 and Abstract
233, Brazoria County, Texas, being out of Lots 77 and 78 of the Zychlinski
Subdivision, map or plat thereof recorded in Volume 29, Page 43,
Brazoria County Deed Records (B.C.D.R.) and being the same 9.5360 acre
tract of land to Pearland Partners, LTD. in deed filed for record under
Brazoria County Clerk File (B.C.C.F.) No. 02-045143.
General Location: 3702 Knapp Road, Pearland, Texas.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
Helen Wang, applicant, was present to answer questions from the Council.
There were no citizen comments.
Mayor Cole closed the Public Hearing.
VIII. NEW BUSINESS NO. 1
1. Consideration and Possible Action - Resolution No. R2024-CUP24-13 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for a Warehouse use within the General
Commercial (GC) District, to accommodate a Furniture Warehouse, on
approximately 4.678 acres of land, being a 4.678-acre tract of land, being
out of 9.5360 acres (415,389 square feet) of land situated in Abstract No.
542 and Abstract 233, Brazoria County, Texas, being out of Lots 77 and
78 of the Zychlinski Subdivision, map or plat thereof recorded in Volume
29, Page 43, Brazoria County Deed Records (B.C.D.R.) and being the
same 9.5360 acre tract of land to Pearland Partners, LTD. in deed filed for
record under Brazoria County Clerk File (B.C.C.F.) No. 02-045143
(located at 3702 Knapp Road, Pearland, TX). Conditional Use Permit
Application No CUP24-13, for a Warehouse use, within the General
Commercial (GC) District, at the request of Helen Wang, applicant, on
behalf of Sheng Li, owner, containing a savings clause, a severability
clause, and an effective date and other provisions related to the subject.
Councilmember Charvarria made the motion, seconded by Councilmember
Cade to approve Resolution No. R2024-CUP24-13.
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Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza
to amend Resolution No. R2024-CUP24-13 with the following five conditions:
1. Large Shade Trees shall be provided along Knapp Road at a rate of 1"
for each 15' of frontage with a minimum planting of 2" DBH and 6'
height.
2. Evergreen shrubs shall be provided to form a continuous vegetative
screen along the parking area towards the front of the property to
screen the existing parking facing Knapp Road.
3. Landscape island with parking lot trees shall be provided at the ends of
the parking facing Knapp Road.
4. The existing barbed wire fencing shall be removed from the property.
5. There shall be no storage of goods outside of the building.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
Councilmember Chavarria made the motion, seconded by Councilmember
Cade to approve Resolution No. R2024-CUP24-13 as amended.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
IX. PUBLIC HEARING NO. 2
2. Public Hearing: A request by Ruth Abigail Ramos Martinez, applicant, on
behalf of Shane Kurjex, owner, for approval of a Conditional Use Permit
(CUP) for a Hair Salon use within the Light Industrial (M-1) District, on
approximately 1.5707 acres of land, to wit:
Legal Description: A subdivision of 1.5707 acres of land situated in the
H.T.&B.R.R. Company Survey Section 11, Abstract No. 238, Brazoria
County, Texas and being out of Tract “C” of Magnolia Industrial Sites,
Section One, as recorded in Volume 18, Pages 153-154 of the Plat
Records of Brazoria County, Texas.
General Location: 3419 Veterans Drive, Suite B, Pearland, Texas.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Assistant Director of Community
Development.
Ruth Abigail Ramos Martinez, applicant, was present to answer questions from
the Council.
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There were no citizen comments
Mayor Cole closed the Public Hearing.
X. NEW BUSINESS NO. 2
2. Consideration and Possible Action - Resolution No. R2024-CUP24-14 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for a Hair Salon use within the Light
Industrial (M-1) District, to accommodate a Hair Salon, on approximately
1.5707 acres of land, being a subdivision of 1.5707 acres of land situated
in the H.T.&B.R.R. Company Survey Section 11, Abstract No. 238,
Brazoria County, Texas and being out of Tract “C” of Magnolia Industrial
Sites, Section One, as recorded in Volume 18, Pages 153-154 of the Plat
Records of Brazoria County, Texas (located at 3419 Veterans Drive Suite
B, Pearland, TX). Conditional Use Permit Application No CUP24-14, for a
Hair Salon use, within the Light Industrial (M-1) District, at the request of
Ruth Abigail Ramos Martinez, applicant, on behalf of Shane Kurjex,
owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember
Thumann to approve Resolution No. R2024-CUP24-14.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
XI. NEW BUSINESS CONTINUED
3. Consideration and Possible Action - Resolution No. R2024-88 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with Olsson Studio, for planning and engineering services
associated with the Old Town Revitalization Plan, in the estimated
amount of $350,000.00; and authorizing a Reimbursement Agreement
between the City and the Pearland Economic Development Corporation.
Presentation was provided by Vance Wyly, Director of Community
Development and Brennan Kane, Project Manager with Olsson Studio.
Councilmember Byrom made the motion, seconded by Councilmember Cade
to approve Resolution No. R2024-88.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
4. Consideration and Possible Action - Resolution No. R2024-90 - A
Resolution of the City Council of the City of Pearland, Texas, Amending
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an Advanced Funding Agreement with the Texas Department of
Transportation (“TxDOT”), for the Smith Ranch Road Widening Project
(Hughes Ranch Road to north of Broadway/FM 518), to increase the
amount to $9,428,450.00 by supplementing “Attachment A, Resolution,
Ordinance, or Commissioners Court Order” and adding “Attachment A-1,
Resolution, Ordinance, or Commissioners Court Order”, and by deleting
“Attachment C, PROJECT BUDGET,” and replacing it with “Attachment
C-1, PROJECT BUDGET”.
Councilmember Cade made the motion, seconded by Councilmember
Thumann to approve Resolution No. R2024-90.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
5. Consideration and Possible Action - Resolution No. R2024-95 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
expenditures with McGriff Insurance Service, for Wind, Hail, and Wind
Driven Rain Insurance, in the amount of $1,608,635.00, for the period of
May 26, 2024, to May 25, 2025.
Councilmember Thumann made the motion, seconded by Councilmember
Cade to approve Resolution No. R2024-95.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
6. Consideration and Possible Action - Resolution No. R2024-89 - 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 construction services associated
with the Natatorium Recapitalization Project, in the amount of
$1,903,860.00, with Progressive Commercial Aquatics.
Councilmember Patel made the motion, seconded by Councilmember Koza to
approve Resolution No. R2024-89.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
7. Consideration and Possible Action - Resolution No. R2024-85 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with AARK Engineering Services, for design services
associated with the Shadycrest Subdivision Improvement Project;
drainage and paving improvements ($1,223,757.00); transite water line
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replacement ($328,496.00); and sanitary sewer rehabilitation
($405,171.00) in the total amount of $1,957,424.00.
Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone
to approve Resolution No. R2024-85.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
8.Consideration and Possible Action - Resolution No. R2024-93 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with GC Engineering, Inc., for professional services associated
with the Southwest Quadrant of Old Town Drainage Improvements and
Transite Water Line Replacement Project, in the estimated amount of
$830,378.00.
Councilmember Chavarria made the motion, seconded by Mayor Pro-Tem
Carbone to approve Resolution No. R2024-93.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
XII.EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 8:07 p.m
Section 551.071 - Consultation with City Attorney for advice on legal
matters related to enforcement of contractual obligations.
Conducted.
Section 551.071 - Consultation with City Attorney regarding legal matters
associated with a strategic partnership agreement.
Conducted.
Council returned from Executive Session at 9:35 p.m.
XIII.NEW BUSINESS CONTINUED
9.Consideration and Possible Action - Resolution No. R2024-96 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter a Third Amended Development
Agreement with Massey Oaks Development, LP, (“Developer”) reciting
the amended responsibilities of the City and Developer associated with
the development of a residential community (Massey Oaks).
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember
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Byrom to approve Resolution No. R2024-96.
AYES: Carbone, Chavarria, Byrom, and Cade.
NAYS: Koza and Patel.
The motion carried.
XIV.OTHER BUSINESS
There were no other business items.
XV.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were no issues to discuss.
XVI.ADJOURNMENT
Mayor Cole adjourned the meeting at 9:35 p.m.
The Minutes were approved on this the 10th day of June 2024
City of Pearland, Texas
J. Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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