Loading...
2021-08-09 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 9, 2021 IN -PERSON 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 City Attorney Darrin Coker gave the Invocation and Councilmember Tony 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 Adrian Hernandez Councilmember Luke Orlando Councilmember Tony Carbone Councilmember Alex Kamkar Councilmember J. David Little Councilmember Woody Owens City Manager Clay Pearson City Attorney Darrin Coker City Secretary Crystal Roan Councilmember Trent Perez was absent. IV. CITIZEN COMMENTS Adam Carroll, Pearland Police Officers Association, 12511 Britt Rd., stated his concerns regarding the Evergreen Compensation and Classification Study. V. PUBLIC HEARING NO. 1 PUBLIC HEARING: A request by the City of Pearland, applicant, for approval of proposed amendments to the Unified Development Code, Ordinance No. 2000T, in accordance with Section 1.1.4.1 of the Unified Development Code, to include: 1. Amendments to Chapter 2, Section 2.7.3.7, Special Exception for Nonconformities, of the Unified Development Code, to allow non - masonry screening options from residential zoning or uses by special exceptions to be granted by the Zoning Board of Adjustment. Councilmember Orlando read the purpose of the Public Hearing. Pearland City Council Minutes August 09, 2021 Planning Manager Martin Griggs gave an overview of the request. Mayor Cole called for citizen comments for or against the request. There were none. VI. NEW BUSINESS 1. Consideration and Possible Action - First Reading of Ordinance No. 2000T- 35 - An Ordinance of the City Council of the City of Pearland, Texas, for the purpose of amending to the Unified Development Code of the City of Pearland, Texas, Ordinance No. 2000T, Amendments to Chapter 2, Section 2.7.3.7, Special Exception for Nonconformities, of the Unified Development Code, to allow non -masonry screening options from residential zoning or uses by special exceptions to be granted by the Zoning Board of Adjustment; 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 Carbone, to approve the First Reading of Ordinance No. 2000T-35. AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Owens. NAYS: None. The motion carried. VII. PUBLIC HEARING NO. 2 PUBLIC HEARING: A request by Tricia Cardoso, applicant, on behalf of Thomas Skariah, owner, for approval of a zone change from the General Business (GB) District and Office Professional (OP) District to the General Commercial (GC) District, on approximately 3.3655 acres of land, to wit: Legal Description: A tract of land containing 3.3655 acres (146,602 square feet), being out of Lot 23 of the Allison -Richey Gulf Coast Home Company Subdivision of Section 8, H.T. & B.R.R. Company Survey, Abstract No. 504, Brazoria County, Texas, according to the plat recorded in Volume 2, Page 23 of the Plat Records of Brazoria County, Texas. General Location: 6743 Broadway Street, Pearland, TX. Councilmember Carbone read the purpose of the Public Hearing. Planning Manager Martin Griggs gave an overview of the request. Thomas Skariah, property owner, gave an overview of the project. Mayor Cole called for citizen comments for or against the request. There were none. Pearland City Council Minutes August 09, 2021 VIII. NEW BUSINESS 2. Consideration and Possible Action - First Reading of Ordinance No. 2000M-214 - 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 tract of land containing 3.3655 acres (146,602 square feet), being out of Lot 23 of the Allison -Richey Gulf Coast Home Company Subdivision of Section 8, H.T. & B.R.R. Company Survey, Abstract No. 504, Brazoria County, Texas, according to the plat recorded in Volume 2, Page 23 of the Plat Records of Brazoria County, Texas (located at 6743 Broadway Street, Pearland, TX). Zone Change Application No. ZONE 21- 00011, a request by Tricia Cardoso, applicant, on behalf of Thomas Skariah, owner, for approval of a zone change from the General Business (GB) District and Office Professional (OP) District to the General Commercial (GC) District, on approximately 3.3655 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 Owens, to approve the First Reading of Ordinance No. 2000M-214. AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Owens. NAYS: None. The motion carried. IX. PUBLIC HEARING NO. 3 PUBLIC HEARING: A request by Louis Urrabazo, applicant, on behalf of Vaquero Studio Partners, LP, owner, for approval of a Conditional Use Permit (CUP) for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the General Commercial (GC) District, to accommodate approximately 1,740-square foot vape shop located at an existing retail center, on a 0.8312-acre lot, to wit: Legal Description: Being all of Lot A, Block 1 of AAP — Pearland Section 1, a subdivision of 3.7164 acres situated in the Perry and Austin League, Abstract No. 111, in the City of Pearland, Texas, as recorded in County Clerk's File No. 2006055695 in the Official Plat Records of Brazoria County, Texas. General Location: 1427 Broadway Street, Suite A, Pearland, Texas. Mayor Pro-Tem Hernandez read the purpose of the Public Hearing. Senior Planner Mohamed Bireima gave an overview of the request. Pearland City Council Minutes August 09, 2021 Louis Urrabazo, applicant, 13201 North West Freeway, Suite 101, Houston, Texas gave an overview of the project. Mayor Cole called for citizen comments for or against the request. There were none. Abdor Ship, Vape City Supply Chain Analyst, gave an overview of the business operations. X. NEW BUSINESS 3. Consideration and Possible Action - Resolution No. R2021-CUP21-00020 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the General Commercial (GC) District, to accommodate approximately 1,740-square foot vape shop located at an existing retail center, on a 0.8312-acre lot; being all of Lot A, Block 1 of AAP — Pearland Section 1, a subdivision of 3.7164 acres situated in the Perry and Austin League, Abstract No. 111, in the City of Pearland, Texas, as recorded in County Clerk's File No. 2006055695 in the Official Plat Records of Brazoria County, Texas (located at 1427 Broadway Street, Suite A, Pearland, Texas). Conditional Use Permit Application No CUP21-00020, for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the General Commercial (GC) District, at the request of Louis Urrabazo, applicant, on behalf of Vaquero Studio Partners, LP, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Mayor Pro-Tem Hernandez made the motion, seconded by Councilmember Carbone, to adopt Resolution No. R2021-CUP21-00020. AYES: Carbone, Little. NAYS: Orlando, Kamkar, Hernandez, Owens. The motion failed. XL PUBLIC HEARING NO. 4 PUBLIC HEARING: A request by Lavene Cross, applicant, on behalf of Grace Business Center, owner, for approval of a Conditional Use Permit (CUP) for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the General Business (GB) District of the Stonebridge Planned Development (PUD), to accommodate a 1,200-square foot vape shop located at an existing retail center, on a 4.4996-acre lot, to wit: Legal Description: Being all of Tract A, Block 1 of Centre at Pearland Parkway, a subdivision of 4.5066 acres in the City of Pearland, Texas, as recorded in County Clerk's File No. 2006061125 in the Official Plat Records of Brazoria County, Texas. Pearland City Council Minutes August 09, 2021 General Location: 1853 Pearland Parkway, Suite 111, Pearland, Texas. Councilmember Kamkar read the purpose of the Public Hearing. Senior Planner Mohamed Bireima gave an overview of the request. Lavene Cross, Greenlight Organics, 1853 Pearland Parkway, Pearland, Texas, gave an overview of the request. She stated that Greenlight Organics is not a smoke shop and the products do not contain nicotine. 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-CUP21-00019 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the General Business (GB) District of the Stonebridge Planned Development (PD), to accommodate a 1,200-square foot vape shop located at an existing retail center, on approximately 4.4996-acre lot; being all of Tract A, Block 1 of Centre at Pearland Parkway, a subdivision of 4.5066 acres in the City of Pearland, Texas, as recorded in County Clerk's File No. 2006061125 in the Official Plat Records of Brazoria County, Texas (located at 1853 Pearland Parkway, Suite 111, Pearland, Texas). Conditional Use Permit Application No CUP21-00019, for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within the General Business (GB) District of the Stonebridge Planned Development (PD), at the request of Lavene Cross, applicant, on behalf of Grace Business Center, owner, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Mayor Pro-Tem Hernandez made the motion, seconded by Councilmember Kamkar, to postpone this item indefinitely pending the applicant provides information with respect to the other operations of the business. AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Owens. NAYS: None. The motion carried. XIII. CONSENT AGENDA A. Consideration and Possible Action - Approval of Minutes City Council and Planning and Zoning Commission Joint Planned Development Workshop Minutes - July 19, 2021 City Council Special Meeting Minutes - July 26, 2021 City Council Regular Meeting Minutes - July 26, 2021 Pearland City Council Minutes August 09, 2021 B. Consideration and Possible Action — Second and Final Reading of Ordinance No. 1517-4 - An Ordinance of the City Council of the City of Pearland, Texas, amending portions of the Thoroughfare Plan portion of the City's Comprehensive Plan; having a savings clause, a severability clause, and a repealer clause; providing for codification and an effective date. C. Consideration and Possible Action - Resolution No. R2021-170 - A Resolution of the City Council of the City of Pearland, Texas renewing an audit services contract, with BKD LLP, in the amount of $117,300.00. D. Consideration and Possible Action - Resolution No. R2021-158 - A Resolution of the City Council of the City of Pearland, Texas, renewing a supply contract for water meters to Badger Meter, Inc., in the estimated amount of $162,613.00, for the period of August 10, 2021 through August 9, 2022. E. Consideration and Possible Action - Resolution No. R2021-106 - A Resolution of the City Council of the City of Pearland, Texas, repealing Resolution R2020-202 and approving an Advanced Funding Agreement with the State of Texas, in the amount of $449,600.00, for the Country Club Bridge Replacement Project. F. Consideration and Possible Action - Resolution No. R2021-159 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Joiner Architects, for design services associated with the Fire Station No. 2 repairs, in the estimated amount of $81,400.00. G. Consideration and Possible Action - Resolution No. R2021-160 - 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 demolition services associated with nuisance abatement (4653 Main Street), to Juarez Pearland Gardening, in the amount of $80,000.00. H. Consideration and Possible Action - Resolution No. R2021-169 - A Resolution of the City Council of the City of Pearland, Texas, accepting the City's Investment Report for the quarter ending June 2021. Councilmember Little made the motion, seconded by Councilmember Owens, to adopt Consent Agenda Items A through H, with the exception of Consent Agenda Item F. AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Owens. NAYS: None. The motion carried. Pearland City Council Minutes August 09, 2021 XIV. NEW BUSINESS CONTINUED 5. Consideration and Possible Action - Resolution No. R2021-168 - A Resolution of the City Council of the City of Pearland, Texas, approving the U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG) Program Fiscal Year 2022 Annual Action Plan, as part of its FY 2018-2022 CDBG 5-Year Consolidated Plan, to be submitted to the U.S. Department of Housing and Urban Development. Councilmember Owens made the motion, seconded by Councilmember Little, to adopt Resolution No. R2021-168. Councilmember Owens made the motion, seconded by Councilmember Little, to revise Exhibit "A" to reflect the additional $6,700.00 allocation. AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Owens. NAYS: None. The motion carried. Mayor Cole called for the vote on the original motion as amended. AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Owens. NAYS: None. The motion carried. Resolution No. R2021-168 is adopted as amended. 6. Consideration and Possible Action — First and Only Reading of Ordinance No. 1497-9 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 1497-8 as it applies to certain times and limits for school zones established for vehicles under the provisions of the 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; and declaring an emergency. Councilmember Orlando made the motion, seconded by Councilmember Carbone, to adopt the First and Only Reading of Ordinance No. 1497-9. AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Owens. NAYS: None. The motion carried. Ordinance No. 1497-9 is adopted. 7. Consideration and Possible Action - Resolution No. R2021-171 - A Resolution of the City Council of the City of Pearland, Texas, approving the Water Model Master Plan as a planning tool to complement and enhance the use of the City's Comprehensive Plan. Councilmember Carbone made the motion, seconded by Councilmember Little, to adopt Resolution No. R2021-171. Pearland City Council Minutes August 09, 2021 AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Owens. NAYS: None. The motion carried. Resolution No. R2021-171 is adopted. 8. Consideration and Possible Action - Resolution No. R2021-172 - A Resolution of the City Council of the City of Pearland, Texas, approving the Wastewater Model Master Plan as a planning tool to complement and enhance the use of the City's Comprehensive Plan. Councilmember Carbone made the motion, seconded by Councilmember Little, to adopt Resolution No. R2021-172. AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Owens. NAYS: None. The motion carried. Resolution No. R2021-172 is adopted. 9. Consideration and Possible Action - Resolution No. R2021-173 - A Resolution of the City Council of the City of Pearland, Texas, placing on the agendas of September 13, 2021 and, September 27, 2021 City Council meetings, consideration of the proposed fiscal year 2021-2022 budget and setting the public hearing on the budget for August 30, 2021 at 6:30 PM. Mayor Pro-Tem Hernandez made the motion, seconded by Councilmember Carbone, to adopt Resolution No. R2021-173. AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Owens. NAYS: None. The motion carried. Resolution No. R2021-173 is adopted. 10. Consideration and Possible Action - Resolution No. R2021-174 - A Resolution of the City Council of the City of Pearland, Texas, voting on a proposed tax rate of 0.735484, which represents a property tax revenue decrease of 0.0003% below the No New Revenue Tax Rate, and placing on the agendas of September 13, 2021 and September 27, 2021 regular City Council meetings, consideration of the proposed fiscal year 2021-2022 tax rate. Councilmember Kamkar made the motion, seconded by Councilmember Little, to adopt Resolution No. R2021-174. AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Owens. NAYS: None. The motion carried. Resolution No. R2021-174 is adopted. XV. MATTERS REMOVED FROM CONSENT AGENDA F. Consideration and Possible Action - Resolution No. R2021-159 - A Resolution of the City Council of the City of Pearland, Texas, authorizing Pearland City Council Minutes August 09, 2021 a contract with Joiner Architects, for design services associated with the Fire Station No. 2 repairs, in the estimated amount of $81,400.00. Councilmember Little made the motion, seconded by Councilmember Owens, to adopt Resolution No. R2021-159. AYES: Orlando, Carbone, Kamkar, Hernandez, Owens. NAYS: None. The motion carried. Resolution No. R2021-159 is adopted. XVI. OTHER BUSINESS There was none. XVII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION There was none. XVIII. ADJOURNMENT Mayor Cole adjourned the meeting at 8:26 p.m. Minutes approved as submitted and/or corrected this the 23' day of August, 2021. . Kevin Cole Mayor TTEST: rystal Roan, TRMC, CMC City Secretary Pearland City Council Minutes August 09, 2021