HomeMy WebLinkAbout2024-12-16 City Council Regular Meeting Minutes
Pearland City Council Minutes December 16, 2024
CITY OF PEARLAND, TEXAS
CITY COUNCIL REGULAR MEETING MINUTES
MONDAY, DECEMBER 16, 2024
The City Council of Pearland, Texas convened in a meeting on Monday, December 16, 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
Mayor Cole gave the Invocation and Councilmember Koza 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 Layni Cade
Councilmember Chad Thumann
Councilmember Rushi Patel
City Manager Trent Epperson
City Attorney Darrin Coker
City Secretary Frances Aguilar
All members were present except Councilmember Clint Byrom.
IV. CITIZEN COMMENTS
Edgar Pacheco, 1740 O'Day Rd., expressed his concern concerning the road conditions
on O'Day Road.
Eric Vance, 3505 Jasperstone Ln., expressed his concern over traffic safety on Old Alvin
Road.
V. CONSENT AGENDA
A. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 1643-1 - An Ordinance of the City Council of the City of
Pearland, Texas, amending Ordinance No. 1643, the 2024-2025 Annual
Budget Ordinance, to facilitate the changes identified herein; providing a
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savings clause, a severa-bility clause, a repealer clause, and an effective
date.
B. Consideration and Possible Action - Second and Final Reading of
Ordinance No.1358-31 - 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.
C. Pulled for discussion.
D. Consideration and Possible Action - Resolution No. R2024-262 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a Memorandum of
Understanding (“MOU”) with Brazoria County Municipal Utility District No.
16 (“District”) related to the designation of certain District Funds following
dissolution of the District.
E. Consideration and Possible Action - Resolution No. R2024-255 - 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 Drainage District No. 4 (“BDD4”) for the relocation of an existing
decomposed granite trail to facilitate drainage maintenance and repairs
(Mary’s Creek).
F. Consideration and Possible Action - Resolution No. R2024-258 - 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
Harris County, Texas, for the purchase of vehicle leasing services from
EAN Holdings, LLC, in the estimated amount of $72,000.00 for the period
of December 17, 2024 through December 16, 2025.
G. Pulled for discussion.
Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone
to approve the Consent Agenda items A - G, except for C and G.
AYES: Carbone, Koza, Chavarria, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
VI. MATTERS REMOVED FROM CONSENT AGENDA
C. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 1645 - An Ordinance extending the city limits of the City of
Pearland, Texas, to include certain land area within the limits and
boundaries of the City and annexing to the City of Pearland an area
containing approximately 285.76 acres within boundaries the boundaries
of Brazoria County Municipal Utility District No. 16 (“District”), generally
located west of Max Road and north of FM 518; containing an effective date
and other provisions related to the subject; and providing a savings and
severability clause.
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Councilmember Koza made the motion, seconded by Councilmember Cade to
approve the second reading of Ordinance No. 1645.
AYES: Carbone, Koza, Chavarria, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
G. Consideration and Possible Action - Resolution No. R2024-245 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with Baxter Woodman, for professional planning and
engineering services associated with development of the 2025 Park,
Recreation, Open-Spaces, and Trails Master Plan, in the amount not to
exceed $280,565; and authorizing a Reimbursement Agreement between
the City and the Pearland Economic Development Corporation.
Aaron Tuley, Senior Urban/Regional Planner, Baxter Woodman was present to
answer questions from the Council.
Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone
to approve Resolution No. R2024-245.
AYES: Carbone, Koza, Chavarria, Byrom, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
VII. PUBLIC HEARING NO. 1
1. Public Hearing: A request by Andrew Lang, BGE, Inc., applicant, on behalf
of RMJ Miller Real Estate Holdings, LTD. and Estate of Elizabeth McNeil
Ferguson, owners, for approval of a zone change from Residential Estate
(R-E) District to Planned Development (PD) District, incorporating
approximately 220.67 acres of land into the Massey Oaks Planned
Development, to wit:
Legal Description: Being a 220.7-acre tract of land situated in the H.T. &
B.R.R. Company Survey, Section 32, Abstract No. 525 and the H.T. & B.R.R.
Company Survey, Section 31, Abstract No. 293 of Brazoria County, Texas
and being a portion 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. (B.C.C.F. No.) 2002020349, and being all
of the 60 acres described as Lots 1B, 1C, 4A, 5A, 6, 7A, and 7B of Section
31, H.T. & B.R.R. Company Survey, Abstract 293 in an instrument to RMJ
Miller Real Estate Holdings, Ltd. recorded under B.C.C.F. No. 2002020350.
General Location: South of Old Massey Ranch Road, East of the Future
Harkey Road and West of McLean Road, Pearland, Texas.
Mayor Cole opened the Public Hearing.
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Councilmember Thumann recused himself from this item.
Presentation was provided by Martin Griggs, Deputy Director of Community
Development.
Andrew Lang, 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.
2000M-265 - 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 a 220.7-acre tract of land situated in the H.T. & B.R.R.
Company Survey, Section 32, Abstract No. 525 and the H.T. & B.R.R.
Company Survey, Section 31, Abstract No. 293 of Brazoria County, Texas
and being a portion 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. (B.C.C.F. No.) 2002020349, and being all
of the 60 acres described as Lots 1B, 1C, 4A, 5A, 6, 7A, and 7B of Section
31, H.T. & B.R.R. Company Survey, Abstract 293 in an instrument to RMJ
Miller Real Estate Holdings, Ltd. recorded under B.C.C.F. No. 2002020350
(located at South of Old Massey Ranch Road, East of the Future Harkey
Road and West of McLean Road, Pearland, Texas). Zone Change
Application No. ZONE 24-14, a request by Andrew Lang, BGE, Inc.,
applicant, on behalf of RMJ Miller Real Estate Holdings, LTD. and Estate of
Elizabeth McNeil Ferguson, owners, for approval of a zone change from
Residential Estate (R-E) District to Planned Development (PD) District,
incorporating approximately 220.67 acres of land into the Massey Oaks
Planned Development; 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 Chavarria made the motion, seconded by Councilmember Cade
to approve the first reading of Ordinance No. 2000M-265.
AYES: Carbone, Chavarria, Cade, and Patel.
NAYS: Koza.
The motion carried.
IX. PUBLIC HEARING NO. 2
2. Public Hearing: A request by Hongliang Huang, applicant, on behalf of
Pearland Office Center LLC., owner, for approval of a Conditional Use
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Permit (CUP) for a Studio or Learning Center for Fine or Performing Arts
use 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 2504, Pearland, Texas.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Deputy Director of Community
Development.
Hongliang Huang, applicant, provided a presentation and was available 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 - Resolution No. R2024-CUP24-23 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for a Studio or Learning Center for Fine or
Performing Arts use within the Business Park-288 (BP-288) District, on
approximately 30.715 acres of land, being 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 at 2743 Smith Ranch
Road Unit 2504, Pearland, Texas). Conditional Use Permit Application No
CUP24-23, for a Studio or Learning Center for Fine or Performing Arts use
within the Business Park-288 (BP-288) District, at the request of Hongliang
Huang, 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.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember
Thumann to approve Resolution No. R2024-CUP24-23.
AYES: Carbone, Koza, Chavarria, Cade, and Thumann.
NAYS: None.
The motion carried.
XI. PUBLIC HEARING NO. 3
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3. Public Hearing: A request by Srikanth Sharda, applicant, on behalf of
Magnolia 15.512 Acres LTD., owner, for approval of a Conditional Use
Permit (CUP) for an Auto Wash (Self-Service) use within the Magnolia
Parkway Planned Development (PD) District, on approximately 1.3470
acres of land, to wit:
Legal Description: Lot 3, Block 1, Magnolia Commons Replat and
Extension, a subdivision in Brazoria County, Texas, according to the map
or plat thereof, recorded in County Clerk’s File No. 2024016134 in the Plat
Records of Brazoria County, Texas.
General Location: West of Manvel Road, South of Magnolia Parkway,
Pearland, Texas.
Mayor Cole opened the Public Hearing.
Presentation was provided by Martin Griggs, Deputy Director of Community
Development.
Srikanth Sharda, applicant, provided a presentation and was available 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-CUP24-21 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for an Auto Wash (Self-Service) use within
the Magnolia Parkway Planned Development (PD) District, on
approximately 1.3470 acres of land, being Lot 3, Block 1, Magnolia
Commons Replat and Extension, a subdivision in Brazoria County, Texas,
according to the map or plat thereof, recorded in County Clerk’s File No.
2024016134 in the Plat Records of Brazoria County, Texas (located West
of Manvel Road, South of Magnolia Parkway, Pearland, Texas). Conditional
Use Permit Application No CUP24-21, for an Auto Wash (Self-Service) use
within the Magnolia Parkway Planned Development (PD) District, at the
request of Srikanth Sharda, applicant, on behalf of Magnolia 15.512 Acres
LTD., owner, containing a savings clause, a severability clause, and an
effective date and other provisions related to the subject.
Layni Cade made the motion, seconded by Chad Thumann to approve
Resolution No. R2024-CUP24-21.
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Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Cade
to amend Resolution No. R2024-CUP24-21 with the following conditions
approved by the Planning and Zoning Commission.
1. A minimum 25-foot landscape strip containing large shade trees with a
minimum two-inch (2'') caliper measured at twelve inches (12'') above
the root ball shall be provided, with the total caliper inches equal to at
least one inch (1'') for each ten feet (10') of lot depth and a continuous
row of shrubs with a minimum height of three feet (3') at the time of
planting, must be provided along the eastern and western property
boundary lines.
2. A continuous row of shrubs with a minimum height of three feet (3') at
the time of planting must be provided along the south side of the primary
building and along the southern property line, as shown on the
Landscape Plan.
3. A continuous row of shrubs with a minimum height of three feet (3') at
the time of planting must be provided adjacent to the screening walls of
the refuse containers, as shown in the Landscape Plan.
4. A continuous row of shrubs with a minimum height of three feet (3') and
a minimum of 12 ornamental trees with a minimum two-inch (2") caliper
measured at twelve inches (12") above the root ball must be installed at
the time of planting with an eight foot (8') wide planting island along the
north side of the stacking lane.
5. Ornamental trees with a minimum two-inch (2") caliper measured at
twelve inches (12") above the root ball, with the total caliper inches equal
to one inch (1") for each fifteen feet (15') of lot depth, must be provided
at the time of planting along the northern property line with a planting
island of ten feet (10') wide.
6. Gravel mulch is not permitted.
7. The proposed auto wash shall utilize a centralized vacuum system to
reduce noise.
AYES: Carbone, Koza, Chavarria, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
Councilmember Cade made the motion, seconded by Councilmember Thumann
to approve Resolution R2024-CUP24-21 as amended.
AYES: Carbone, Koza, Chavarria, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
XIII. NEW BUSINESS CONTINUED
4. Consideration and Possible Action - Resolution No. R2024-235 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
participation in an interlocal cooperative purchasing program for the
purchase of fire apparatus preventative maintenance and repair services
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(1-year initial term; two 1-year renewals), from Siddons Martin Emergency
Group, in the estimated amount of $500,000.00 for the initial period of
December 17, 2024 to December 16, 2025.
Councilmember Thumann made the motion, seconded by Mayor Pro-Tem
Carbone to approve Resolution No. R2024-235.
AYES: Carbone, Koza, Chavarria, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
5. Consideration and Possible Action - Resolution No. R2024-261 - A
Resolution of the City Council of the City of Pearland, Texas, determining
the Council’s response to the Pearland Police Officer’s Association
(PPOA) Petition for Recognition of the PPOA, pursuant to Chapter 142 of
the Local Government Code (Code), as the sole and exclusive bargaining
agent for all police officers employed by the Pearland Police Department,
excluding the head of the department and exempt employees, for the
purpose of engaging in the Meet and Confer process.
Rushi Patel made the motion, seconded by Layni Cade to approve Resolution
R2024-261.
Presentation was provided by Darrin Coker, City Attorney.
Adam Carroll, Pearland, spoke on the behalf of the Pearland Police Officers
Association (PPOA) regarding the Meet and Confer process.
Jay McClellan, and Leighton Guarnere, with The Texas Municipal Police
Association (TMPA) were present to answer questions from the Council.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza
to amend Resolution No. R2024-261 with Option A.
AYES: Carbone, Koza, Chavarria, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
Councilmember Patel made the motion, seconded by Councilmember Cade to
approve Resolution R2024-261 as amended.
AYES: Carbone, Koza, Chavarria, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
6. Consideration and Possible Action - Resolution No. R2024-260 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the power of eminent domain to acquire a fee title interest, a drainage
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easement interest, and a temporary construction easement interest
(“Property Interests”) to certain property for road and drainage
improvements; being all of those certain tracts or parcels containing 0.054
acres (2,376 square feet) in fee title interest for road right-of-way; 0.0557
acres (2,426 square feet) for a drainage easement interest; and 0.0273
acres (1,188 square feet) for a temporary access easement on land situated
in the H.T &B. R.R. Co. Survey, Abstract 304, Brazoria County, Texas; being
out of and a portion of that certain called 1.00 acre tract of land conveyed
to Carl Gehring by Deed executed February 9, 2023 as recorded in Clerk's
File Number 2023005935 in the Official Records of Brazoria County, for
construction and maintenance of road and drainage 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: Consideration and
Possible Action - Resolution No. R2024-260 - A Resolution of the City Council
of the City of Pearland, Texas, authorizing the power of eminent domain to
acquire a fee title interest, a drainage easement interest, and a temporary
construction easement interest (“Property Interests”) to certain property for road
and drainage improvements; being all of those certain tracts or parcels
containing 0.054 acres (2,376 square feet) in fee title interest for road right-of-
way; 0.0557 acres (2,426 square feet) for a drainage easement interest; and
0.0273 acres (1,188 square feet) for a temporary access easement on land
situated in the H.T &B. R.R. Co. Survey, Abstract 304, Brazoria County, Texas;
being out of and a portion of that certain called 1.00 acre tract of land conveyed
to Carl Gehring by Deed executed February 9, 2023 as recorded in Clerk's File
Number 2023005935 in the Official Records of Brazoria County, for construction
and maintenance of road and drainage improvements on certain real property
described herein.
Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone
to approve Resolution No. R2024-260.
AYES: Carbone, Koza, Chavarria, Thumann, and Patel.
NAYS: Cade.
The motion carried.
7. Consideration and Possible Action - Resolution No. R2024-259 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the power of eminent domain to acquire a sewer utility easement on certain
property for improvements to the Barry Rose Wastewater Reclamation
Facility; being all of that certain tract or parcel containing a 0.271-acre tract
in the W.D.C. Hall Survey, Abstract No. 23 in Harris County, Texas. Said
0.271-acre tract is in Restricted Reserve "A" of the Final Plat of the links at
Green Tee Subdivision as recorded in Clerk's File No. 201395950 in the
Harris County Clerk's Office and is in a tract of land described in a deed to
Elray Corporation as recorded in Clerk's File No. U921576 in the Harris
County Clerk's Office, for construction and maintenance of sewer utility
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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: Consideration and
Possible Action - Resolution No. R2024-259 - A Resolution of the City Council
of the City of Pearland, Texas, authorizing the power of eminent domain to
acquire a sewer utility easement on certain property for improvements to the
Barry Rose Wastewater Reclamation Facility; being all of that certain tract or
parcel containing a 0.271-acre tract in the W.D.C. Hall Survey, Abstract No. 23
in Harris County, Texas. Said 0.271-acre tract is in Restricted Reserve "A" of the
Final Plat of the links at Green Tee Subdivision as recorded in Clerk's File No.
201395950 in the Harris County Clerk's Office and is in a tract of land described
in a deed to Elray Corporation as recorded in Clerk's File No. U921576 in the
Harris County Clerk's Office, for construction and maintenance of sewer utility
improvements on certain real property described herein.
Councilmember Chavarria made the motion, seconded by Councilmember Koza
to approve Resolution No. R2024-259.
AYES: Carbone, Koza, Chavarria, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
8. Consideration and Possible Action - Resolution No. R2024-263 - A
Resolution of the City Council of the City of Pearland, Texas, adopting a
State Legislative Agenda for the 89th Session of the Texas Legislature.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember
Thumann to approve Resolution No. R2024-263.
Presentation was provided by Trent Epperson, City Manager and Joel Hardy,
Grants/Special Projects Administration.
AYES: Carbone, Koza, Chavarria, Cade, Thumann, and Patel.
NAYS: None.
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. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 8:51 p.m.
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Section 551.087 - Deliberations Regarding Economic Development
Negotiations.
Conducted.
Council returned from Executive Session at 9:41 p.m.
XVII.NEW BUSINESS CONTINUED
9.Consideration and Possible Action - Regarding Economic Development
Negotiations.
Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Cade
to authorize the Pearland Economic Development Corporation to enter into a
Loan Assistance Agreement with Project # 2413 as discussed in Executive
Session.
AYES: Carbone, Koza, Chavarria, Cade, Thumann, and Patel.
NAYS: None.
The motion carried.
XVIII.ADJOURNMENT
Mayor Cole adjourned the meeting at 9:42 p.m.
The Minutes were approved on this the 13th day of January 2025.
City of Pearland, Texas
J.Kevin Cole
Mayor
ATTEST:
Frances Aguilar TRMC, MMC
City Secretary
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