2024-07-22 City Council Regular Meeting Minutes-6:30 PM
Pearland City Council Minutes July 22, 2024
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
JULY 22, 2024
The City Council of Pearland, Texas convened in a meeting on Monday, July 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 7:04 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 Mayor Pro-Tem 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 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
There were no citizen comments.
V. CONSENT AGENDA
A. Pulled for discussion.
B. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 1635 - An Ordinance of the City Council of the City of
Pearland, Texas, amending Chapter 11, Food and Food Handlers, of the
City of Pearland Code of Ordinances, as it may have been, from time to
time, amended, to repeal the existing Chapter 11, Food and Food
Handlers; and adopting a new Chapter 11, Food and Food Handlers;
having a savings clause, a severability clause, and a repealer clause; and
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providing for codification and an effective date.
C. Consideration and Possible Action - Second and Final Reading of
Ordinance No.1358-29 - 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 Koza made the motion, seconded by Councilmember Cade to
approve Consent Agenda items A-C, except for A.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
VI. MATTERS REMOVED FROM CONSENT AGENDA
A. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 2000M-259 - 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 described as a 79.42-acre tract of land situated
in the H. T. & B. R. R. CO. Survey, Section 32, Abstract No. 525 of
Brazoria County, Texas and being out of a called 247.91- acre tract of
land described in an instrument to RMJ Miller Real Estate Holdings, LTD.,
recorded under Brazoria County Clerk' s File No. 2001055633 and
corrected under Brazoria County Clerk's File No. 2002020349 (located at
South of Old Massey Ranch Road, East of the Future Harkey Road and
West of McLean Road). Zone Change Application No. ZONE 24-09, a
request by Andrew Lang, BGE, Inc., applicant, on behalf of MO Tract 3,
LP, owner, for approval of amendments to the Massey Oaks Planned
Development, on approximately 79.42 acres of land; 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 Koza made the motion, seconded by Councilmember Cade to
approve the second and final reading of Ordinance No. 2000M-259.
Councilmember Thumann recused himself from this item.
AYES: Carbone, Koza, Chavarria, Byrom, and Cade.
NAYS: Patel.
The motion carried.
VII. PUBLIC HEARING NO. 1
1. First Public Hearing - Voluntary Annexation - Approximately 16,604.1
square feet, generally located southwest of the intersection of Glenview
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Drive and De Leon Lane.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Deputy Director of Community
Development.
Ruth Abigail Ramos Martinez, 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 - First Reading of Ordinance No. 1636
- An Ordinance extending the city limits of the City of Pearland, Texas, to
include certain land area within certain limits and boundaries and
annexing to the City of Pearland the area within such limits and
boundaries (approximately 16,604 square feet generally located at
Southwest of the intersection of Glenview Drive and DeLeon Lane);
containing an effective date and other provisions related to the subject;
and providing a savings and severability clause.
Councilmember Chavarria made the motion, seconded by Mayor Pro-Tem
Carbone to approve the first reading of Ordinance No. 1636.
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 Jessica Ruiz, applicant, on behalf of
Prosperity Roofing & Construction LLC., owner, for approval of a zone
change for 0.9753 acres of land from Office & Professional (OP) District
to General Commercial (GC) District, to wit:
Legal Description: Being a tract of land containing 0.9753 acres (42,484
square feet), situated in Section 8 of the H.T. & B.R.R. Company Survey,
Abstract 504, Brazoria County, Texas, being all of a tract of land
conveyed unto DGND Holdings LLC under County Clerk’s File No.
2023009782 of the Official Records of Brazoria County, Texas, and being
out of and a part of Lot 23 of the Allison-Richey Gulf Coast Home
Company Subdivision of said Section 8 as recorded in Volume 2, Page 23
of the Plat Records of Brazoria County, Texas.
General Location: 2641 Roy Road, Pearland, TX.
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Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Deputy Director of Community
Development.
Jessica Ruiz, applicant, was present to answer questions from the Council.
There were no citizen comments.
Mayor Cole closed the Public Hearing.
X. NEW BUSINESS NO. 2
2. Consideration and Possible Action - First Reading of Ordinance No.
2000M-260 - 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 described as a tract of land containing 0.9753 acres
(42,484 square feet), situated in Section 8 of the H.T. & B.R.R. Company
Survey, Abstract 504, Brazoria County, Texas, being all of a tract of land
conveyed unto DGND Holdings LLC under County Clerk’s File No.
2023009782 of the Official Records of Brazoria County, Texas, and being
out of and a part of Lot 23 of the Allison-Richey Gulf Coast Home
Company Subdivision of said Section 8 as recorded in Volume 2, Page 23
of the Plat Records of Brazoria County, Texas (located at 2641 Roy Road,
Texas). Zone Change Application No. ZONE 24-11, a request by Jessica
Ruiz, applicant, on behalf of Prosperity Roofing & Construction LLC.,
owner, for approval of a zone change from Office & Professional (OP)
District to General Commercial (GC) 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.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Cade
to approve the first reading of Ordinance No. 2000M-260.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
XI. PUBLIC HEARING NO. 3
3. Public Hearing: A request by Aurangzab Jalili, applicant, on behalf of
Turphin Ventures, LLC., owner, for approval of a Conditional Use Permit
(CUP) for an Auto Wash use within the General Business (GB) District, on
approximately 2.261 acres of land, to wit:
Legal Description: Lot 1, Block 1, Development Plat of Jalili Acres, a
subdivision in Brazoria County, Texas, according to the map or plat
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thereof, recorded in County Clerk’s File No. 2023039613 in the Plat
records of Brazoria County, Texas.
General Location: 8013 Broadway Street, Pearland, Texas.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Deputy Director of Community
Development.
Aurangzab Jalili, applicant, was present to answer questions from the Council.
There were no citizen comments.
Mayor Cole closed the Public Hearing.
XII. NEW BUSINESS NO. 3
3. Consideration and Possible Action - Resolution No. R2024-CUP24-16 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for an Auto Wash use within the General
Business (GB) District, to accommodate an Auto Wash, on approximately
2.261 acres of land, being Lot 1, Block 1, Development Plat of Jalili Acres,
a subdivision in Brazoria County, Texas, according to the map or plat
thereof, recorded in County Clerk’s File No. 2023039613 in the Plat
records of Brazoria County, Texas (located at 8013 Broadway Street,
Pearland, TX). Conditional Use Permit Application No CUP24-16, for an
Auto Wash use, within the General Business (GB) District, at the request
of Aurangzab Jalili, applicant, on behalf of Turphin Ventures, LLC.,
owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
Councilmember Byrom made the motion, seconded by Councilmember Cade
to approve Resolution No. R2024-CUP24-16 with the following conditions:
1. The proposed carwash shall be developed in substantial conformance
to the building materials shown on the Applicant's Building Elevation
Exhibits.
2. The east and west property lines shall be screened with a minimum 36"
continuous hedgerow of evergreen shrubs to screen the view of the
carwash operations from adjacent properties.
AYES: Carbone, Koza, Thumann, and Patel.
NAYS: Chavarria, Byrom, and Cade.
The motion carried.
XIII. PUBLIC HEARING NO. 4
4. Public Hearing: A request by Eddy Aguiar, applicant, on behalf of PCDF
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Properties, LLC., owner, for approval of a Conditional Use Permit (CUP)
for a Cigar Shop use within the General Commercial (GC) District, on
approximately 1.1614 acres of land, to wit:
Legal Description: Lot 1, Block 1, Final Plat of Silverlake Center, a
subdivision in Brazoria County, Texas, according to the map or plat
thereof, recorded in County Clerk’s File No. 2003052772 in the Plat
records of Brazoria County, Texas.
General Location: 10201 Broadway Street Suite 113, Pearland, Texas.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Deputy Director of Community
Development.
Eddy Aguiar, applicant, was present to answer questions from the Council.
There were no citizen comments.
Mayor Cole closed the Public Hearing.
XIV. NEW BUSINESS NO. 4
4. Consideration and Possible Action - Resolution No. R2024-CUP24-17 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for a Cigar Shop use within the General
Commercial (GC) District, to accommodate a Cigar Shop, on
approximately 1.1614 acres of land, being Lot 1, Block 1, Final Plat of
Silverlake Center, a subdivision in Brazoria County, Texas, according to
the map or plat thereof, recorded in County Clerk’s File No. 2003052772
in the Plat records of Brazoria County, Texas (located at 10201 Broadway
Street Suite 113, Pearland, TX). Conditional Use Permit Application No
CUP24-17, for a Cigar Shop use, within the General Commercial (GC)
District, at the request of Eddy Aguiar, applicant, on behalf of PCDF
Properties, LLC., owner, containing a savings clause, a severability
clause, and an effective date and other provisions related to the subject.
Councilmember Cade made the motion, seconded by Councilmember Koza to
approve Resolution No. R2024-CUP24-17.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
XV. NEW BUSINESS CONTINUED
5. Consideration and Possible Action - Resolution No. R2024-145 - A
Resolution of the City Council of the City of Pearland, Texas, making
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provisions for the allowance of temporary banner signs for signs
damaged by Hurricane Beryl.
Jim Johnson, 6117 Broadway Street, spoke in favor of the proposed temporary
sign change due to the wind from Hurricane Beryl and asked Council to look at
what can be done with the guidelines for businesses due to the tree damage.
Councilmember Thumann made the motion, seconded by Councilmember
Cade to approve Resolution R2024-145.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
6. Consideration and Possible Action - Resolution No. R2024-116 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with LJA Engineering, for professional services associated
with new Environmental Protection Agency (EPA) requirements to
comply with the Revised Lead and Copper Rule Revision, in the
estimated amount of $619,500.00.
Councilmember Patel made the motion, seconded by Councilmember Koza to
approve Resolution R2024-116.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
7. Consideration and Possible Action - Resolution No. R2024-126 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
Construction Manager at Risk contract with Teal Construction Company
to include the Guaranteed Maximum Price (GMP) of $19,312,178.48
(inclusive of General Conditions and Pre-Construction Services) for
Construction Phase Services associated with the Hillhouse Road Annex
Project (Phase II).
Councilmember Koza made the motion, seconded by Councilmember
Thumann to approve Resolution R2024-126.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
8. Consideration and Possible Action - Resolution No. R2024-134 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the power of eminent domain to acquire fee title to certain property for
road improvements; all of that certain tract or parcel containing a 0.0352
acre (1,532 square feet) tract of land situated in the T.J. Green Survey,
Abstract No. 198, Harris County, Texas, and being out of and a part of
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Restricted Reserve "D" of Amending Plat of Rehoboth Acres, a Plat
recorded under Volume (Vol.) 22, Page (Pg.) 85 of the Brazoria County
Map Records (B.C.M.R.) and further being part of the same called 1.148
acres tract described in a Confirmatory Receiver's Deed conveyed from
the Federal Deposit Insurance Corporation, as Receiver for Washington
Mutual Bank, formerly known as Washington Mutual Bank, FA to
JPMorgan Chase Bank, National Association and recorded under
Brazoria County Clerk's File Number (B.C.C.F. No.) 2009036030, of the
Official Public Records of Real Property of Brazoria County
(O.P.R.O.R.P.B.C.), Texas for construction and maintenance of road
improvements on certain real property described herein; authorizing the
city attorney, or his designee, and other city officials to take such actions
as are necessary to acquire said property, located within the city, by
donation, purchase, or by the exercise of the power of eminent domain.
Darrin Coker, City Attorney, read the motion into record.
Councilmember Chavarria made the motion, seconded by Mayor Pro-Tem
Carbone to approve Resolution No. R2024-134.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
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 7:57 p.m.
Section 551.087 - Discussion regarding economic development
negotiations.
Conducted.
Section 551.071 - Consultation with City Attorney for advice on legal
matters related to enforcement of contractual obligations.
Conducted.
Section 551.074 - Discussion regarding City Boards and Commission.
Conducted.
Council returned from Executive Session at 9:22 p.m.
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XIX.NEW BUSINESS CONTINUED
9.Consideration and Possible Action - Regarding appointments to City
Boards and Commissions.
No action was taken.
XX.ADJOURNMENT
Mayor Cole adjourned the meeting at 9:22 p.m.
The Minutes were approved on this the 12th day of August 2024.
City of Pearland, Texas
J. Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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