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2021-07-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 12, 2021 VIA TELEPHONENIDEO-CONFERENCE AT 6:30 PM, IN PEARLAND CITY HALL COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. 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 Woody Owens gave the Invocation and Councilmember Trent Perez and James Galbreath, Boy Scout Troop 468, 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 Adrian Hernandez Councilmember Luke Orlando Councilmember Tony Carbone Councilmember Alex Kamkar Councilmember J. David Little Councilmember Trent Perez Councilmember Woody Owens City Manager Clay Pearson City Attorney Darrin Coker City Secretary Crystal Roan IV. CITIZEN COMMENTS Gary Hosmer, 4026 Ravenwood Court, Pearland, Texas 77584, addressed Council stating his concerns regarding climate change and bilingual pay for City employees. He also stated that he feels the police officers should receive a pay increase. V. PUBLIC HEARING NO. 1 Public Hearing: A request by Alan Mueller, applicant, on behalf of T&B Alexander Family Limited Partnership, Sue Morrison 2012 Trust and Mark Morrison, Trustee, owners, for approval for a proposed Planned Development (PD) District, to accommodate a residential development consisting of approximately 65 single-family residences with a mixture of "bungalow" and "row house" products within the Pearland Old Townsite, on three separate tracts totaling 5.6 acres of land; to wit: Legal Description: Tract A-1: Being a 1.722-acre tract, situated in the H.T. & B.R.R. Co. Survey, Abstract No. 542 in Brazoria County, Texas, being all of Lots 18-41, Block 24 of Pearland Townsite, a subdivision of Record under Volume 29, Page 41 of the Deed Records of Brazoria County, Texas. Tract B-1: Being a 2.297-acre tract, situated in the H.T.& B. R.R. Co. Survey, Pearland City Council Minutes July 12, 2021 Abstract No. 542 in Brazoria County, Texas, being all of Lots 17-48, Block 25 of Pearland Townsite, a subdivision of Record under Volume 29, Page 41 of the Deed Records of Brazoria County, Texas. Tract C-1: Being a 1.578-acre tract, situated in the HT&B RR Co Survey, Abstract No. 542 in Brazoria County, Texas, being all of Lots 4-10 and 34-48, Block 27 of Pearland Townsite, a subdivision of Record under Volume 29, Page 41 of the Deed Records of Brazoria County, Texas. General Location: Tract A-1 located on the west side of Galveston and north of E. Pear Street. Tract B-1 located on the west side of Galveston and north of E. Walnut Street. Tract C-1 located west of S. Grand Boulevard and east of S. Houston Avenue. Councilmember Orlando read the purpose of the Public Hearing into the record. Senior Planner Mohamed Bireima gave an overview of the project. Alan Mueller, Growmax Developments, and Julie Glass, representative for Sullivan Brothers Builders, gave an overview of the request. Paul Eskine, 2519 Park Ave., representative for PaSa Enterprises/Houston Aircraft Instruments, and Simms Automotive, stated his concerns regarding the alleyway; possible cut through the parking lot; the current infrastructure; traffic; and parking. He asked Council to designate a two-way alleyway to advert traffic from his parking lot. He also asked Council to include a condition for the developer and the City to settle these concerns prior to issuing the permits. Mayor Cole called for citizen comments for or against the request. There were none. Mr. Mueller agreed to a condition in the development agreement to require all signage, resulting from the traffic impact analysis, be purchased by the applicant. VI. NEW BUSINESS 1. Consideration and Possible Action - First Reading of Ordinance No. 2000M-211 - 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, Tract A-1: Being a 1.722-acre tract, situated in the H.T. & B.R.R. Co. Survey, Abstract No. 542 in Brazoria County, Texas, being all of Lots 18-41, Block 24 of Pearland Townsite, a subdivision of Record under Volume 29, Page 41 of the Deed Records of Brazoria County, Texas. Tract B-1: Being a 2.297-acre tract, situated in the H.T.& B. R.R. Co. Survey, Abstract No. 542 in Brazoria County, Texas, being all of Lots 17-48, Block 25 of Pearland Townsite, a subdivision of Record under Volume 29, Page 41 of the Deed Records of Brazoria County, Texas. Tract C-1: Being a 1.578-acre tract, situated in the HT&B RR Co Survey, Abstract No. 542 in Pearland City Council Minutes July 12, 2021 Brazoria County, Texas, being all of Lots 4-10 and 34-48, Block 27 of Pearland Townsite, a subdivision of Record under Volume 29, Page 41 of the Deed Records of Brazoria County, Texas. (Tract A-1 located on the west side of Galveston and north of E. Pear Street. Tract B-1 located on the west side of Galveston and north of E. Walnut Street. Tract C-1 located west of S. Grand Boulevard and east of S. Houston Avenue.). Zone Change Application No. ZONE 21-00006, Alan Mueller, applicant, on behalf of T&B Alexander Family Limited Partnership, Sue Morrison 2012 Trust and Mark Morrison, Trustee, owners, for approval for a proposed Planned Development (PD) District, to accommodate a residential development consisting of approximately 65 single-family residences with a mixture of "bungalow" and "row house" products within the Pearland Old Townsite, on three separate tracts totaling 5.6 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 Orlando made the motion, seconded by Councilmember Little, to approve the First Reading of Ordinance No. 2000M-211. AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. VII. PUBLIC HEARING NO. 2 Public Hearing: A request by Paul Grohman, applicant, on behalf of Musgrave-Grohman Ventures LTD, owner, for approval of an amendment to the Stonebridge Planned Development (PD) District, to accommodate a proposed residential development consisting of 57 single-family residential lots, on approximately 32.667 acres of land, to wit: Legal Description: Being 32.667 acres of land located in the Derril H.M. Hunter Survey, Abstract No. 76, Brazoria County, Texas, being a portion of certain called 39.50-acre tract conveyed to Musgrave-Grohman Ventures, Ltd., by instrument of record under Document No. 2004027202, Official Records of Brazoria County, Texas. General Location: Eastern Side of Stable Stone Lane, Pearland, TX. Councilmember Carbone read the purpose of the Public Hearing into the record. Greg Coleman, 10235 West Little York, Houston, Texas, Beazer Homes, gave an overview of Beazer Homes residential developments in Pearland. Paul Grohman, Musgrave-Grohman Ventures LTD, 4201 West Broadway, Pearland, Texas, gave an overview of this project. Pearland City Council Minutes July 12, 2021 Mayor Cole called for citizen comments for or against the request. There were none. VIII. NEW BUSINESS 2. Consideration and Possible Action - First Reading of Ordinance No. 2000M-212- 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 32.667 acres of land located in the Derril H.M. Hunter Survey, Abstract No. 76, Brazoria County, Texas, being a portion of certain called 39.50-acre tract conveyed to Musgrave-Grohman Ventures, Ltd., by instrument of record under Document No. 2004027202, Official Records of Brazoria County, Texas. (Eastern Side of Stable Stone Lane, Pearland, TX.). Zone Change Application No. ZONE 21-00007, Paul Grohman, applicant, on behalf of Musgrave-Grohman Ventures LTD, owner, for approval of an amendment to the Stonebridge Planned Development (PD) District, to accommodate a proposed residential development consisting of 57 single-family residential lots, on approximately 32.667 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 Carbone made the motion, seconded by Councilmember Perez, to approve the First Reading of Ordinance No. 2000M-212. AYES: Hernandez, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. IX. PUBLIC HEARING NO. 3 Public Hearing: A request by Nita Christian, applicant, on behalf of R. West Development Co., Inc., owner, for approval of a zone change from the Single-family Residential-2 (R-2) District to the General Commercial (GC) District, on approximately 0.72 acres of land; to wit: Legal Description: A 0.72-acre tract of land situated in the A.C.H. & B. Survey, Abstract No. 507 and the H. Stevens Survey, Abstract No. 594, City of Pearland, Brazoria County, Texas, being out of and a part of a called 117.08-acre tract conveyed in Warranty Deed to R. West Development Co., Inc., dated August 30, 1999, recorded in Clerks' File No. 99-040666 and corrected in Clerk's File No. 2006066417 in the Official Public Records of Brazoria County, Texas. General Location: Southeast Corner of English Lakes Drive and Village Drive, Pearland, TX. Pearland City Council Minutes July 12, 2021 Councilmember Kamkar read the purpose of the Public Hearing into the record. Senior Planner Mohamed Bireima gave an overview of the request. Mayor Cole stated City staff did receive a letter of opposition from a resident residing in the Town Lake States subdivision. Nita Christian, 6302 Broadway, Suite 200, Pearland, Texas, R. West Development, gave an overview of the project. Mayor Cole called for citizen comments for or against the request. There were none. X. NEW BUSINESS 3. Consideration and Possible Action - First Reading of Ordinance No. 2000M-213 - 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, A 0.72-acre tract of land situated in the A.C.H. & B. Survey, Abstract No. 507 and the H. Stevens Survey, Abstract No. 594, City of Pearland, Brazoria County, Texas, being out of and a part of a called 117.08-acre tract conveyed in Warranty Deed to R. West Development Co., Inc., dated August 30, 1999, recorded in Clerks' File No. 99-040666 and corrected in Clerk's File No. 2006066417 in the Official Public Records of Brazoria County, Texas. (Southeast Corner of English Lakes Drive and Village Drive, Pearland, TX.). Zone Change Application No. ZONE 21-00008, Nita Christian, applicant, on behalf of R. West Development Co., Inc., owner, for approval of a zone change from the Single-family Residential-2 (R-2) District to the General Commercial (GC) District, on approximately 0.72 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 Kamkar made the motion, seconded by Councilmember Little, to approve the First Reading of Ordinance No. 2000M-213. Councilmember Perez made the motion, seconded by Councilmember Little, to amend the zone change from Single -Family Residential 2 (R-2) to Office Professional (OP). AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. Mayor Cole called for the vote on the original motion as amended. Pearland City Council Minutes July 12, 2021 AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. Xl. PUBLIC HEARING NO. 4 Public Hearing: A request by M. Nadeem Battla, applicant, on behalf of CAFM OPCO LLC, owner, for approval of a Conditional Use Permit (CUP) for Market - Open Air use within the Light Industrial (M-1) District, to accommodate a food truck park located within the Cole's Antique and Flea Market, on a 0.5 acre of land; to wit: Legal Description: Being 0.5 acres out of a 16.176-acre tract of land, more or less, located within Lot 83 and Lot 84 of the Subdivision of Sections No. 2 and No. 3, of the H.T. & B.R.R. Co. Survey, Abstract No. 542 and 232, situated in Brazoria County, Texas. General Location: 1014 Main Street, Pearland, Texas. Councilmember Perez recused himself from this item and New Business Item #4. He stated he has a relationship with the developers. Councilmember Little read the purpose of the Public Hearing into the record. Mayor Cole stated he is not associated with Cole's Flea Market. Senior Planner Mohamed Bireima gave an overview of the request. Lincoln Hoffman, United Flea Markets, gave an overview of the project and other similar projects developed by United Flea Markets. M. Nadeem Battla, World Food Trucks, also gave an overview of the project. Mayor Cole called for citizen comments for or against the request. There were none. XII. NEW BUSINESS 4. Consideration and Possible Action - Resolution No. R2021-CUP21-00017 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Market - Open Air use within the Light Industrial (M-1) District, to accommodate a food truck park located within the Cole's Antique and Flea Market, on a 0.5 acre of land; Being 0.5 acres out of a 16.176-acre tract of land, more or less, located within Lot 83 and Lot 84 of the Subdivision of Sections No. 2 and No. 3, of the H.T. & B.R.R. Co. Survey, Abstract No. 542 and 232, situated in Brazoria County, Texas. (1014 Main Street, Pearland, Texas). Conditional Use Permit Application No CUP21-00017, for Market -Open Air use within Light Industrial (M-1), at Pearland City Council Minutes July 12, 2021 the request of M. Nadeem Battla, applicant, on behalf of CAFM OPCO LLC, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Little made the motion, seconded by Councilmember Carbone, to adopt Resolution No. R2021-CUP21-0007. AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Owens. NAYS: None. The motion carried. Resolution No. R2021-CUP21-00017 is adopted. XIII. CONSENT AGENDA A. Consideration and Possible Action - Approval of Minutes City Council Regular Meeting Minutes- June 28, 2021 B. Consideration and Possible Action - Second and Final Reading of Ordinance No. 2000M-209 - 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 3.735-acre tract of land, out of Tracts 176 and 163 of the Zychlinski and Murdock Subdivision of the G.C. Smith or H.T. & B.R.R. Company Survey, Section 28, Abstract 551 in Brazoria County, Texas, as recorded in Volume 29, Page 9 of the Deeds Records of Brazoria County (4650 Dixie Farm Road, Pearland, TX). Zone Change Application No. ZONE 21-00004, a request by Emily Toungate, applicant and owner, for approval of a zone change from the Light Industrial (M-1) District to the General Commercial (GC) District, on approximately 3.7353 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 C. Consideration and Possible Action - Second and Final Reading of Ordinance No. 2000M-210 - 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 all of Lot "A", Block 1 of Province Village Replat No. 1, an addition in the City of Pearland, Brazoria County, Texas, as recoded in the plat recorded in the County Clerk's File No. 2014038140 in the Plat Records of Brazoria County, Texas (2701 Pearland Parkway, Pearland, TX). Zone Change Application No. ZONE 21-00005, a Robert Quintana, applicant, on behalf of Malisa Pearland, LP, owner, for approval of an amendment to the Province Village Planned Development (PD) District, to permit Gym/Health Club use by right within the General Business (GB) District of the PD, on approximately 1.707 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. Pearland City Council Minutes July 12, 2021 D. Consideration and Possible Action - Resolution No. R2021-131 - A Resolution of the City Council of the City of Pearland, Texas, amending a general services contract for Building Inspection Services, with BBG Consulting, Inc., in the additional amount of $20,000.00 (total contract amount of $65,000.00). E. Consideration and Possible Action - Resolution No. R2021-146 - A Resolution of the City Council of the City of Pearland, Texas, awarding a contract for Ditch Cleaning and Excavation Services to Texas Drainage Inc., in the estimated amount of $150,000.00, for the period of July 13, 2021 through July 12, 2022. F. Consideration and Possible Action - Resolution No. R2021-149 - A Resolution of the City Council of the City of Pearland, Texas, renewing a contract for utility bill printing and mailing services, with DataProse, in the estimated amount of $248,000.00, for the period of September 17, 2021 through September 16, 2022. G. Consideration and Possible Action - Resolution No. R2021-148 - A Resolution of the City Council of the City of Pearland, Texas, approving a fiscal year 2021 Community Development Block Grant Coronavirus Stimulus funding (CDBG-CV2) Subrecipient Agreement with Actions of Brazoria, in the amount of $144,000.00, effective retroactively October 1, 2020 through September 30, 2022. H. Consideration and Possible Action - Resolution No. R2021-151 - A Resolution of the City Council of the City of Pearland, Texas, awarding an installation services contract for the Fiber Optic Backbone Network Project (Cullen Parkway to Harkey Road) to One Directional Boring, LP, in the amount of $268,530.75. Consideration and Possible Action - Excuse the Absence of Councilmember Trent Perez from the City Council Regular Meeting on June 28, 2021. Councilmember Perez made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through I, with the exception of Consent Agenda Items A and D. AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. XIV. MATTERS REMOVED FROM CONSENT AGENDA Mayor Cole moved Matters Removed from Consent Agenda to before New Business Continued. A. Consideration and Possible Action - Approval of Minutes City Council Regular Meeting Minutes- June 28, 2021 Pearland City Council Minutes July 12, 2021 Councilmember Perez made the motion, seconded by Councilmember Little to approve the June 28, 2021 City Council Regular Meeting Minutes. Councilmember Kamkar made the motion, seconded by Councilmember Carbone, to amend the June 28, 2021 City Council Regular Meeting Minutes to add language to Page 7 to state, Council gave consensus for Evergreen, LLC to include three additional benchmark cities. AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. Mayor Cole called for the vote on the original motion as amended. AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. D. Consideration and Possible Action - Resolution No. R2021-131 - A Resolution of the City Council of the City of Pearland, Texas, amending a general services contract for Building Inspection Services, with BBG Consulting, Inc., in the additional amount of $20,000.00 (total contract amount of $65,000.00). Councilmember Perez stated he is recusing himself from this item due to his existing business relationship with BBG Consulting, Inc. Councilmember Owens made the motion, seconded by Councilmember Little, to adopt Resolution No. R2021-131. AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Owens. NAYS: None. The motion carried. Resolution No. R2021-131 is adopted. XV. NEW BUSINESS CONTINUED 5. Consideration and Possible Action — First Reading of Ordinance No. 1595- 2 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 1595-1, the 2020-2021 Annual Budget Ordinance, to facilitate the changes identified herein; providing a savings clause, a severa-bility clause, a repealer clause, and an effective date. Councilmember Orlando made the motion, seconded by Councilmember Little, to approve the First Reading of Ordinance No. 1595-2. Councilmember Perez made the motion, seconded by Councilmember Kamkar, to include additional general fund appropriations for Audio Video Equipment - Pearland City Council Minutes July 12, 2021 $100,000, Historical Underutilized Businesses - $45,000, and Shallow -Draft High -Water Rescue Boat - $18,000. AYES: Hernandez, Orlando, Kamkar, Perez, Owens. NAYS: Carbone, Little. The motion carried. Mayor Cole called for the vote on the original motion as amended. AYES: Hernandez, Orlando, Kamkar, Perez. NAYS: Carbone, Little, Owens. The motion carried. 6. Consideration and Possible Action - Resolution No. R2021-138 - A Resolution of the City Council of the City of Pearland, Texas, awarding a service contract for street and sidewalk maintenance, to Greenscapes Six, LLC, in the estimated amount of $746,080.00 for the period of July 13, 2021 through July 12, 2022. Councilmember Carbone made the motion, seconded by Councilmember Little, to adopt Resolution No. R2021-138. AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2021-138 is adopted. Mayor Pro-Tem Adrian Hernandez left the meeting at 8:53 p.m. 7. Consideration and Possible Action — First Reading of Ordinance No. 1602 - An Ordinance of the City Council of the City of Pearland, Texas, amending Chapter 20 of The Code Of Ordinances of The City of Pearland, Texas, by adding Article IX, Short-term Rentals, creating a requirement for a registration program for the operation of short-term rentals and the requirement to pay hotel occupancy fees to the City of Pearland when operating a short-term rental within the corporate limits of the City of Pearland; providing a savings clause; providing a penalty clause; a repealer clause and providing for publication. Councilmember Orlando made the motion, seconded by Councilmember Little, to approve the First Reading of Ordinance No. 1602. Antonio Caro, 12101 Shadow Creek Parkway, Pearland, Texas, General Hilton Garden Inn Houston/Pearland and Pearland Conventions and Visitors Bureau Advisory Boardmember, requested the support of Council to amend Chapter 20 of the Code of Ordinances to create a registration program to manage short- term rentals and the requirements to pay hotel occupancy fees to the City. Pearland City Council Minutes July 12, 2021 Manny Patel, 10007 Dawn Brook Drive, Pearland, Texas, representative of Comfort Suites and Sleep Inn & Suites in Pearland and Pearland Conventions and Visitors Bureau Advisory Boardmember, spoke regarding the regulations imposed on hotels, but not imposed on short-term rental properties. He spoke in favor of Ordinance No. 1602. Councilmember Kamkar made the motion, seconded by Councilmember Owens, to postpone the New Business Item No. 7. AYES: Orlando, Kamkar, Owens. NAYS: Cole, Carbone, Little, Perez. The motion failed. Mayor Cole called for the vote on the original motion. AYES: Carbone, Little, Perez. NAYS: Orlando, Owens. ABSTAIN: Kamkar The motion carried. 8. Consideration and Possible Action - Resolution No. R2021-150 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a Reimbursement Agreement between the City and the Pearland Economic Development Corporation; and awarding a contract for construction services for the Halik Road Reconstruction Project, to Tandem Services, LLC, in the amount of $1,606,175.68. Councilmember Little made the motion, seconded by Councilmember Perez, to adopt Resolution No. R2021-150. AYES: Orlando, Carbone, Kamkar, Little, Owens. NAYS: Perez. The motion carried. Resolution No. R2021-150 is adopted. XVI. OTHER BUSINESS There was none. XVII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION 1. Council Input and Discussion: Engineering Design Criteria Manual - Discussion on detention requirements for disturbed area and impervious cover. No action taken. Pearland City Council Minutes July 12, 2021 XVIII. ADJOURNMENT Mayor Cole adjourned the meeting at 9:54 p.m. Minutes approved as submitted and/or corrected this the 26th day of July, 2021. ATT ST: C stal Roan, RMC, CMC City Secretary Pearland City Council Minutes July 12, 2021