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HomeMy WebLinkAbout20260223 City Council Regular Meeting MinutesPage 1 of 11 Pearland City Council Minutes February 23, 2026 CITY OF PEARLAND, TEXAS CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 23, 2026 The City Council of Pearland, Texas convened in a meeting on Monday, February 23, 2026 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 6:35 p.m. II.INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG AND TEXAS FLAG Mayor Pro-Tem 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 Clint Byrom Councilmember Joseph Koza Councilmember Tony Carbone Councilmember Mona Chavarria Councilmember Layni Cade Councilmember Rick Fernandez Councilmember Rushi Patel City Manager Trent Epperson City Attorney Lawrence Provins City Secretary Frances Aguilar All members were present. IV.CITIZEN COMMENTS There were no citizen comments. V.CONSENT AGENDA A.Pulled for discussion. VI.MATTERS REMOVED FROM CONSENT AGENDA A.Consideration and Possible Action - Resolution No. R2026-43 - A Resolution of the City Council of the City of Pearland, Texas, authorizing participation in an interlocal cooperative purchasing program for the purchase of the NoTraffic Detection System for eleven intersections to Texas Highway Products, in an amount not to exceed $319,100.00. Docusign Envelope ID: 0B27859C-80D5-4438-95BE-FB1CB6D9F24A Page 2 of 11 Pearland City Council Minutes February 23, 2026 Councilmember Koza made the motion, seconded by Councilmember Cade to approve Resolution No. R2026-43. AYES: Byrom, Koza, Carbone, Chavarria, Cade, Fernandez, and Patel. NAYS: None. The motion carried. VII. PUBLIC HEARING NO. 1 1. Public Hearing: A request by Benjamin Navo Jr., Draft House Design Studio, LLC, applicant, on behalf of David and Derek Deriso, owners, for approval of a Conditional Use Permit (CUP) for Accessory Dwelling Unit use within the Single-Family Residential-1 (R-1) District, on approximately 0.41 acres of land, to wit: Legal Description: Lot 19 in Block 18 of Green Tee Terrace, Section 2, a Subdivision in the W.D.C. Hall. Survey Abstract No. 23 in Harris County Texas, according to the map recorded in Volume 172, Page 11, et. Seq., of the Plat Records of Harris County, Texas. General Location: 2301 Dublin Circle, Pearland, Texas Mayor Cole opened the Public Hearing. Presentation was provided by Katya Copeland, Assistant Director of Planning. David Deriso, owner, was present to answer questions from Council. There were no citizen comments. Mayor Cole closed the Public Hearing. VIII. NEW BUSINESS 1. Consideration and Possible Action - Resolution No. R2026-CUP2025-0571 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Accessory Dwelling Unit use on approximately 0.41 acres of land within the Single-Family Residential-1 (R- 1) District, being a 17,859.6 square foot or 0.41-acre tract of land, being lot 19 in Block 18 of Green Tee Terrace, Section 2, a Subdivision in the W.D.C. Hall. Survey Abstract No. 23 in Harris County Texas, according to the map recorded in Volume 172, Page 11, et. Seq., of the Plat Records of Harris County, Texas. (located at 2301 Dublin Circle, Pearland, Texas). Conditional Use Permit No. CUP2025-0571, for Accessory Dwelling Unit use within the Single-Family Residential-1 (R-1) at the request of Benjamin Navo Jr., Draft House Design Studio, LLC, applicant, on behalf of David and Derek Deriso, owners, containing a savings clause, a severability clause, and an effective date and other Docusign Envelope ID: 0B27859C-80D5-4438-95BE-FB1CB6D9F24A Page 3 of 11 Pearland City Council Minutes February 23, 2026 provisions related to the subject. Councilmember Carbone made the motion, seconded by Fernandez to approve Resolution No. R2026-CUP2025-0571. Mayor Pro-Tem Byrom made the motion, seconded by Councilmember Koza to amend Resolution No. R2026-CUP2025-0571 and add the following condition: 1. The ADU cannot be used as a rental unit. AYES: Byrom, Koza, Carbone, Chavarria, Fernandez, and Patel. NAYS: Cade. The motion carried. Councilmember Koza made the motion, seconded by Councilmember Carbone to amend Resolution No. R2026-CUP2025-0571 and add the following condition: 1. The CUP shall only allow for the accessory dwelling unit to be occupied by a person who is related to the person who occupies the primary dwelling unit on the subject property. AYES: Byrom, Koza, Carbone, Chavarria, Fernandez, and Patel. NAYS: Cade. The motion carried. Councilmember Carbone made the motion, seconded by Councilmember Fernandez to approve Resolution No. R2026-CUP2025-0571 as amended. AYES: Byrom, Carbone, and Patel. NAYS: Koza, Chavarria, Cade, and Fernandez. The motion failed. IX. PUBLIC HEARING NO. 2 2. Public Hearing: A request by Kenitra Brockington, applicant, on behalf of Thomas D Rasberry, owner, for approval of a Conditional Use Permit (CUP) for Auto Repair (Minor) on approximately 0.337 acres of land within the Old Town-General Business (OT-GB) District, to wit: Legal Description: A 16,462.7 square foot or 0.3779 acre tract of land, being Lot Twelve (12), in Block Twenty (20), of Pearland Townsite, according to the map or plat thereof recorded in Volume 29, page 41 of the Map Records of Brazoria County, Texas; and part of Tract 3, Section 2, H.T.&B. Railroad Company Survey, Abstract 542, City of Pearland, Brazoria County, Texas. General Location: 2418 Main Street, Pearland, Texas. Docusign Envelope ID: 0B27859C-80D5-4438-95BE-FB1CB6D9F24A Page 4 of 11 Pearland City Council Minutes February 23, 2026 Mayor Cole opened the Public Hearing. Presentation was provided by Katya Copeland, Assistant Director of Planning. One citizen’s letter of opposition was received due to the concern of noise. No other citizen comments were received. Kenitra Brockington, applicant, was present to answer questions from Council. Mayor Cole Closed the Public Hearing. X.NEW BUSINESS 2. Consideration and Possible Action - Resolution No. R2026-CUP2025-0574 -A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Auto Repair (Minor) use on approximately 0.3779 acres of land within the Old Town - General Business (OT-GB) District, being a 16,462.7 square foot or 0.3779 acre tract of land, being Lot Twelve (12), in Block Twenty (20), of Pearland Townsite, according to the map or plat thereof recorded in Volume 29, page 41 of the Map Records of Brazoria County, Texas; and part of Tract 3, Section 2, H.T.&B. Railroad Company Survey, Abstract 542, City of Pearland, Brazoria County, Texas. (located at 2418 Main Street, Pearland, Texas). Conditional Use Permit No. CUP2025-0574, for Auto Repair (Minor) use within the Old Town – General Business (OT-GB) District at the request of Kenitra Brockington, applicant, on behalf of Thomas D Rasberry, 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 Councilmember Fernandez to approve Resolution No. R2026-CUP2025-0574. AYES: Byrom, Koza, Carbone, Chavarria, Cade, Fernandez, and Patel. NAYS: None. The motion carried. XI.PUBLIC HEARING NO. 3 3.Public Hearing: A request by Dana Garnett, applicant, on behalf of Ahmadali Virani, owner, for approval of a Conditional Use Permit (CUP) for Resale/Consignment Shop use on approximately 2.438 acres of land within the Business Park-288 (BP-288) District, to wit: Legal Description: A 2.438-acre tract of land, out of Lot 2, Block 1, ZFAM Properties Pearland, according to the map or plat thereof recorded in County Clerk’s File Number (C.C.F.#) 2025017408, in the Official Records of Brazoria County, Texas (O.R.B.C.T.). Docusign Envelope ID: 0B27859C-80D5-4438-95BE-FB1CB6D9F24A Page 5 of 11 Pearland City Council Minutes February 23, 2026 General Location: East of Business Center Drive, South of Broadway Street, and North of Magnolia Parkway, Pearland, Texas. Mayor Cole opened the Public Hearing. Presentation was provided by Katya Copeland, Assistant Director of Planning. Jason Miller, Architect of Design, gave a presentation and was present to answer questions from Council. There were no citizen comments. Mayor Cole closed the Public Hearing. XII. NEW BUSINESS 3. Consideration and Possible Action - Resolution No. R2025-CUP2025-0572 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Resale/Consignment Shop use on approximately 2.438 acres of land within the Business Park-288 (BP-288) District, being a 2.438-acre tract of land, out of Lot 2, Block 1, ZFAM Properties Pearland, according to the map or plat thereof recorded in County Clerk’s File Number (C.C.F.#) 2025017408, in the Official Records of Brazoria County, Texas (O.R.B.C.T.) (located East of Business Center Drive, South of Broadway Street, and North of Magnolia Parkway, Pearland, Texas). Conditional Use Permit No. CUP2025-0572, for Resale/Consignment Shop use on approximately 2.438 acres of land within the Business Park-288 (BP-288) District at the request of Dana Garnett, applicant, on behalf of Ahmadali Virani, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Mayor Pro-Tem Byrom made the motion, seconded by Councilmember Cade to approve Resolution No. R2025-CUP2025-0572 with the following three conditions: 1. Two (2) parking lot trees shall be provided in the endcap islands in the row of parking adjacent to the north-west side of the building. Trees shall be a minimum three-inch (3'') caliper measured at twelve inches (12'') above the root ball. Trees shall be evergreen with year-round foliage. 2. The keeping, displaying, or storing, of any goods, materials, merchandise or equipment outside of the principal building shall be prohibited. Any material, debris, or refuse dropped off on site must be located inside the building immediately or be transfer to the dumpster. 3. The proposed elevations shall conform to the attached Concept Elevation sheets with the requirement that a minimum of twenty-five percent (25%) of the exterior wall facing Business Center Drive (west elevation) shall be transparent. Docusign Envelope ID: 0B27859C-80D5-4438-95BE-FB1CB6D9F24A Page 6 of 11 Pearland City Council Minutes February 23, 2026 AYES: None. NAYS: Byrom, Koza, Carbone, Chavarria, Cade, Fernandez, and Patel. The motion failed. 4. Consideration and Possible Action - Resolution No. R2026-45 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with LJA Engineering for professional services in the estimated amount of $726,428.18 and authorizing the City Manager or his designee to enter into a Reimbursement Agreement between the City and the Pearland Economic Development Corporation associated with the Kingsley Clear Creek Bridge Expansion Project. Councilmember Cade made the motion, seconded by Councilmember Fernandez to approve Resolution No. R2026-45. AYES: Byrom, Koza, Carbone, Chavarria, Cade, Fernandez, and Patel. NAYS: None. The motion carried. 5. Consideration and Possible Action - Resolution No. R2026-5 - A Resolution of the City Council of the City of Pearland, Texas, awarding a unit price contract for asphalt repair services to Forde Construction Company, Inc., in an amount not to exceed the available annual budgeted amount. Councilmember Fernandez made the motion, seconded by Mayor Pro-Tem Byrom to approve Resolution No. R2026-5. AYES: Byrom, Koza, Carbone, Chavarria, Cade, Fernandez, and Patel. NAYS: None. The motion carried. 6. Consideration and Possible Action - Resolution No. R2026-46 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire a 0.4168 acre fee interest for a public road right-of-way and a 0.0815 acre easement for public waterline and sanitary sewer improvements, located in the Richard T. Blackburn Survey, Abstract Number 160, City of Pearland, Harris County, Texas, being a portion of that certain called 2 acre tract conveyed to William D. Berrios, by an instrument of record under Clerk’s File Number RP-2021- 724669 of the Official Public Records of Harris County, Texas; 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. Lawrence Provins, City Attorney, read the motion into record: Consideration and Possible Action - Resolution No. R2026-46 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent Docusign Envelope ID: 0B27859C-80D5-4438-95BE-FB1CB6D9F24A Page 7 of 11 Pearland City Council Minutes February 23, 2026 domain to acquire a 0.4168 acre fee interest for a public road right-of-way and a 0.0815 acre easement for public waterline and sanitary sewer improvements, located in the Richard T. Blackburn Survey, Abstract Number 160, City of Pearland, Harris County, Texas, being a portion of that certain called 2 acre tract conveyed to William D. Berrios, by an instrument of record under Clerk’s File Number RP-2021-724669 of the Official Public Records of Harris County, Texas; 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. Councilmember Patel made the motion, seconded by Councilmember Cade to approve Resolution No. R2026-46. AYES: Byrom, Koza, Carbone, Chavarria, Cade, Fernandez, and Patel. NAYS: None. The motion carried. 7. Consideration and Possible Action - Resolution No. R2026-49 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire: (1) a 0.0892 acre fee simple interest for a public road right-of-way, (2) a 0.4895 acre fee simple interest for drainage improvements, and (3) a 0.0446 acre easement for public water and sanitary sewer improvements, all located in the James Hamilton Survey, Abstract Number 876, City of Pearland, Harris County, Texas, being a portion of that certain called 5.0942 acre tract conveyed to GTP Acquisitions II, LLC by an instrument of record under File Number 20110236843 of the Official Public Records of Real Property of Harris County, Texas (H.C.O.P.R.R.P.), being a portion of Lot 32 1/2, of Block F, of Allison Richey Gulf Coast Home Co’s Part of Suburban Gardens Subdivision recorded under Volume 3, Page 40 of the Map Records of Harris County, Texas; 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. Lawrence Provins, City Attorney, read the motion into record: Consideration and Possible Action - Resolution No. R2026-49 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire: (1) a 0.0892 acre fee simple interest for a public road right-of-way, (2) a 0.4895 acre fee simple interest for drainage improvements, and (3) a 0.0446 acre easement for public water and sanitary sewer improvements, all located in the James Hamilton Survey, Abstract Number 876, City of Pearland, Harris County, Texas, being a portion of that certain called 5.0942 acre tract conveyed to GTP Acquisitions II, LLC by an instrument of record under File Number 20110236843 of the Official Public Records of Real Property of Harris County, Texas (H.C.O.P.R.R.P.), being a portion of Lot 32 1/2, of Block F, of Allison Richey Gulf Coast Home Co’s Part of Suburban Gardens Subdivision recorded under Volume 3, Page 40 of the Map Records of Harris County, Texas; authorizing the city attorney, or his designee, and other city officials to take such actions as are necessary to acquire said Docusign Envelope ID: 0B27859C-80D5-4438-95BE-FB1CB6D9F24A Page 8 of 11 Pearland City Council Minutes February 23, 2026 property, located within the city, by donation, purchase, or by the exercise of the power of eminent domain. Councilmember Koza made the motion, seconded by Mayor Pro-Tem Byrom to approve Resolution No. R2026-49. AYES: Byrom, Koza, Carbone, Chavarria, Cade, Fernandez, and Patel. NAYS: None. The motion carried. 8.Consideration and Possible Action - Resolution No. R2026-48 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire: (1) a 0.0382 acre fee simple interest for a public road right-of-way, (2) a 0.0332 acre fee simple interest for drainage improvements, and (3) a 0.0414 acre easement for a public waterline and sanitary sewer, all three of which are situated in the James Hamilton Survey, Abstract No. 876, City of Pearland, Harris County, Texas, being a portion of that certain called 2.600 acre tract conveyed to County of Harris by an instrument of record under File Number 20080554490 of the Official Public Records of Real Property of Harris County, Texas, said tract being a portion of Lot 19½, Block F, of the Allison Richey Gulf Cost Home Co’s Part of Suburban Gardens Subdivision recorded in Volume 3, Page 40 of the Map Records of Harris County; 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. Lawrence Provins, City Attorney, read the motion into record: Consideration and Possible Action - Resolution No. R2026-48 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire: (1)a 0.0382 acre fee simple interest for a public road right-of-way, (2) a 0.0332 acre fee simple interest for drainage improvements, and (3)a 0.0414 acre easement for a public waterline and sanitary sewer, all three of which are situated in the James Hamilton Survey, Abstract No. 876, City of Pearland, Harris County, Texas, being a portion of that certain called 2.600 acre tract conveyed to County of Harris by an instrument of record under File Number 20080554490 of the Official Public Records of Real Property of Harris County, Texas, said tract being a portion of Lot 19½, Block F, of the Allison Richey Gulf Cost Home Co’s Part of Suburban Gardens Subdivision recorded in Volume 3, Page 40 of the Map Records of Harris County; 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. Councilmember Carbone made the motion, seconded by Councilmember Cade to approve Resolution No. R2026-48. AYES: Byrom, Koza, Carbone, Chavarria, Cade, Fernandez, and Patel. Docusign Envelope ID: 0B27859C-80D5-4438-95BE-FB1CB6D9F24A Page 9 of 11 Pearland City Council Minutes February 23, 2026 NAYS: None. The motion carried. 9.Consideration and Possible Action - Resolution No. R2026-47 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire: (1) a 0.3794 acre fee simple interest for a public road right-of-way and (2) a 0.0759 acre easement for public waterline and sanitary sewer improvements, both located in the Richard T. Blackburn Survey, Abstract Number 160, City of Pearland, Harris County, Texas, being a portion of that certain tract of land conveyed to W. Berrios Mechanical, LLC by an instrument of record under File Number RP-2018-533434 of the Official Public Records of Real Property of Harris County, Texas (H.C.O.P.R.R.P.); 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. Lawrence Provins, City Attorney, read the motion into record: Consideration and Possible Action - Resolution No. R2026-47 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the power of eminent domain to acquire: (1)a 0.3794 acre fee simple interest for a public road right-of-way and (2) a 0.0759 acre easement for public waterline and sanitary sewer improvements, both located in the Richard T. Blackburn Survey, Abstract Number 160, City of Pearland, Harris County, Texas, being a portion of that certain tract of land conveyed to W. Berrios Mechanical, LLC by an instrument of record under File Number RP-2018-533434 of the Official Public Records of Real Property of Harris County, Texas (H.C.O.P.R.R.P.); 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. Councilmember Chavarria made the motion, seconded by Councilmember Cade to approve Resolution No. R2026-47. AYES: Byrom, Koza, Carbone, Chavarria, Cade, Fernandez, and Patel. NAYS: None. The motion carried. XIII.OTHER BUSINESS There were no other business items. XIV.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION There were no issues to discuss. XV. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session at 7:54 p.m. Section 551.072 - Deliberations regarding the sale, purchase, lease or exchange of real property. Docusign Envelope ID: 0B27859C-80D5-4438-95BE-FB1CB6D9F24A Page 10 of 11 Pearland City Council Minutes February 23, 2026 Conducted. Section 551.087 - Deliberations Regarding Economic Development Negotiations. Conducted. Council returned from Executive Session at 8:17 p.m. XVI.NEW BUSINESS CONTINUED 11.Consideration and Possible Action - Regarding Economic Development Negotiations. Councilmember Chavarria recused herself from this item. Councilmember Carbone made the motion, seconded by Councilmember Koza to authorize the City Manager or his designee to enter into a Development Agreement with Prospect #2403; and a Reimbursement Agreement between the City and the Pearland Economic Development Corporation. AYES: Byrom, Koza, Carbone, Cade, Fernandez, and Patel. NAYS: None. The motion carried. Councilmember Chavarria returned to the Council Chambers. 10.Consideration and Possible Action - Regarding the sale, purchase, lease or exchange of real property. Councilmember Carbone made the motion, seconded by Councilmember Fernandez to authorize staff to move forward with land acquisition for Project #2601 as discussed in executive session. AYES: Byrom, Koza, Carbone, Chavarria, Cade, Fernandez, and Patel. NAYS: None. The motion carried. 11.Consideration and Possible Action - Regarding Economic Development Negotiations. Councilmember Carbone made the motion, seconded by Councilmember Fernandez to authorize the City Manger or his designee to enter in an amendment to the Development Agreement for Project #2300 as discussed in Executive Session. AYES: Byrom, Koza, Carbone, Chavarria, Cade, Fernandez, and Patel. NAYS: None. The motion carried. Docusign Envelope ID: 0B27859C-80D5-4438-95BE-FB1CB6D9F24A Page 11 of 11 Pearland City Council Minutes February 23, 2026 XVII.ADJOURNMENT Mayor Cole adjourned the meeting at 8:20 p.m. The Minutes were approved on this the 16th day of March 2026. City of Pearland, Texas ATTEST: Frances Aguilar TRMC, MMC City Secretary J.Kevin Cole Mayor Docusign Envelope ID: 0B27859C-80D5-4438-95BE-FB1CB6D9F24A