2021-08-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY OF PEARLAND, TEXAS,
HELD ON AUGUST 23, 2021 VIA IN -PERSON 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 6:36 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 Adrian Hernandez 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 -Term 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
Deputy City Secretary Renee Kross
IV. CITIZEN COMMENTS
James Howard, 2301 Scarletti Drive, stated his concerns regarding activities that occur
at short-term rental properties located in his neighborhood.
Ruchi Patel, 12213 Rosemont Lane, spoke regarding the lack of regulation for short-
term rentals within the City of Pearland and asked that those type rentals be regulated
the same as hotels.
Kash Bhagioanji, 12919 Southern Ridge Drive, stated his concerns regarding the lack
of regulations for short-term rentals.
Manny Patel, 10007 Dawn Brook Drive, stated his concerns regarding the lack of
regulations for short-term rentals.
Joseph Koza, 2910 South Main Street, spoke in opposition of short-term rentals. He
stated his concerns regarding the activates that occur and the lack of regulations for
short-term rentals.
Jeff Berry, 3503 Boxwood Gate Trail, stated that he feels short-term rentals should be
regulated.
Pearland City Council Minutes August 23, 2021
John Lampson, 2114 Birdie Court, spoke in opposition of short-term rentals. He stated
his concerns regarding behavior that occurs at rental locations. He stated that he feels
short-term rentals should be regulated.
Randy Baily, 2217 Verona Drive, stated his concerns regarding the behavior that occurs
at short-term rentals located in his neighborhood.
Mayor Cole stated the ordinance regarding short-term rentals will be added to a
September City Council meeting agenda.
Jeffrey Hunkele, 3912 Oakwood Drive North, spoke regarding the 51 %repeal process
for the local option election. He stated his concerns regarding information provided by
the Pearland Entertainment and Beverage Coalition and members of Council
associated with the coalition.
Adam Carroll, Pearland Police Officers Association, 12511 Britt Rd., thanked City
Council for including bilingual pay, sick time buyback, and a civilian step pay plan to the
employee benefits. He stated his concerns regarding the civilian step pay plan.
V. PUBLIC HEARING NO. 1
Public Hearing: A request by Eric Langan, applicant, on behalf of RCI
Holdings Inc., owner, for approval of a zone change from the Business
Park-288 (BP-288) District to the General Commercial (GC) District, on
approximately 18.655 acres of land, to wit.
Legal Description: Tract (1): A tract or parcel of land containing 11.250
acres or 4903034 square feet, being the same called 11.250-acre tract
described in a deed to International Bank of Commerce, as recorded under
Harris County Clerk's File (H.C.C.F.) No. 20120249527, situated in the D.
White Survey, Abstract No. 881, Harris County, Texas. Tract (2): A tract or
parcel of land containing 7.405 acres or 322,570 square feet, being the
same called 7.4369-acre tract conveyed to Beltway 7.437 LP, as recorded
under Harris County Clerk's File (H.C.C.F.) No. Y405144, situated in the D.
White Survey, Abstract No. 881, Harris County, Texas,
General Location: West of 2850 S Sam Houston Pkwy E., Pearland, TX.
Mayor Cole read the purpose of the Public Hearing.
Senior Planner Mohamed Bireima gave an overview of the request.
Eric Langna, applicant, gave an overview of the project.
Mayor Cole called for citizen comments for or against the request. There were
one.
VI. NEW BUSINESS
Pearland City Council Minutes August 23, 2021
1. Consideration and Possible Action - First Reading of Ordinance No.
2000M-215 - 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 (1): a tract or parcel of land containing 11.250 acres or
490,034 square feet, being the same called 11.250-acre tract described in
a deed to International Bank of Commerce, as recorded under Harris
County Clerk's File (H.C.C.F.) No. 20120249527, situated in the D. White
Survey, Abstract No. 881, Harris County, Texas. Tract (2): a tract or parcel
of land containing 7.405 acres or 322,570 square feet, being the same
called 7.4369-acre tract conveyed to Beltway 7.437 LP, as recorded under
Harris County Clerk's File (H.C.C.F.) No. Y405144, situated in the D. White
Survey, Abstract No. 881, Harris County, Texas (located at West of 2850 S
Sam Houston Pkwy E., Pearland, TX). Zone Change Application No. ZONE
21-00010, a request by Eric Langan, applicant, on behalf of RCI Holdings
Inc., owner, for approval of a zone change from the Business Park-288 (BP-
288) District to the General Commercial (GC) District, on approximately
18.655 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 Owens made the motion, seconded by Mayor Pro-Tem
Hernandez, to approve the First Reading of Ordinance No. 2000M.215.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried.
VII. PUBLIC HEARING NO. 2
Public Hearing: A request by Curtis Warren, applicant on behalf of Jung
Kwak, owner, for approval of a Conditional Use Permit (CUP) for Adult
Daycare (Business) use within the Neighborhood Services (NS) District, to
accommodate an adult daycare center within a leased space in an existing
retail center, to wit:
Legal Description: Being a subdivision of 5.5394 acres of land located in
the H.T & B.R.R Company Survey, A-242 Brazoria County, Texas.
General Location: 7930 Broadway Street, Ste. 118, Pearland, Texas.
Mayor Cole read the purpose of the Public Hearing.
Senior Planner Mohamed Bireima gave an overview of the request.
Curtis Warren, applicant, 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 23, 2021
VIII. NEW BUSINESS
2. Consideration and Possible Action -Resolution No. R2021-CUP21-00023 -
A Resolution of the City Council of the City of Pearland, Texas, approving
a Conditional Use Permit (CUP) for Adult Daycare (Business) use within
the Neighborhood Services (NS) District, to accommodate an adult
daycare center within a leased space in an existing retail center, on a
5.5394-acres lot; being Lot 1, Block 1 of Stepping Stone No. 3, a
subdivision of 5.5394 acres of land located in the H.T & B.R.R Company
Survey, Abstract No. 242, Brazoria County, Texas (located at 7930
Broadway Street, Ste. 118, Pearland, Texas). Conditional Use Permit
Application No CUP21-00023, for Adult Daycare (Business) use within the
Neighborhood Services (NS) District, at the request of Curtis Warren,
applicant on behalf of Jung Kwak, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to
the subject.
Councilmember Perez made the motion, seconded by Councilmember Owens,
to adopt Resolution No. R2021-CUP21-00023.
AYES: Orlando, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None,
Councilmember Carbone was absent for the vote.
The motion carried. Resolution No. R2021-CUP21-00023 is adopted.
IX. PUBLIC HEARING NO. 3
Public Hearing: A request by Ravie Vongole, applicant, on behalf of
Pearland Main LLC, 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 an approximately
1500-square foot vape shop, in an existing multi -tenant commercial center,
to wit:
Legal Description: Being 1.1130 Acres, tract of land situated in the RB Lyle
Survey, also being part of lot B, Block 1, of the KMART Super Center,
Recorded in Volume 19, Page 167-168 of the Brazoria County Plat record,
Brazoria County Texas,
General Location: 1909 N Main, Suite 101, Pearland, Texas,
Mayor Cole read the purpose of the Public Hearing.
Senior Planner Mohamed Bireima gave an overview of the request.
Ravie Vongole, applicant, gave an overview of the project.
Pearland City Council Minutes August 23, 2021
Mayor Cole called for citizen comments for or against the request. There were
one.
X. NEW BUSINESS
3. Consideration and Possible Action -Resolution No. R2021-CUP21-00025 -
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 an approximately 1500-square foot vape shop, in an
existing multi -tenant commercial center, on approximately 1.1130 Acres;
being a tract of land situated in the RB Lyle Survey, also being part of lot
B, Block 1, of the KMART Super Center, Recorded in Volume 19, Page 167-
168 of the Brazoria County Plat record, Brazoria County Texas (located at
1909 N Main, Suite 101, Pearland, Texas). Conditional Use Permit
Application No CUP21-00025, for Cigars, Tobacco or E-Cigarettes Shop
(Retail Only) use within the General Commercial (GC) District, at the
request of Ravie Vongole, applicant, on behalf of Pearland Main 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 Owens, to
approve Resolution No. R2021-CUP21-0025.
AYES: Carbone, Little, Perez.
NAYS: Orlando, Kamkar, Hernandez, Owens.
The motion failed.
XI. CONSENT AGENDA
A. Consideration and Possible Action -Approval of Minutes
City Council Regular Meeting Minutes -August 9, 2021
B. Consideration and Possible Action -Resolution No. R2021-161 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
change order with SpawGlass Corp., in the amount of $271,204.46,
associated with the West Pearland Public Library (Shadow Creek
Parkway).
C. Consideration and Possible Action -Resolution No. R2021-179 as A
Resolution of the City Council of the City of Pearland, Texas, awarding a
service contract for overhead door services (maintenance and repairs)
associated with City facilities, to DH Pace, Inc., in the estimated amount of
$60,000.00, for the period of October 1, 2021 to September 30, 2022.
D. Consideration and Possible Action -Resolution No. R2021-164 as A
Resolution of the City Council of the City of Pearland, Texas, amending a
supply contract for fire apparatus preventative maintenance and repair
service with Siddons-Martin Emergency Group in the additional amount of
$75,000.00 (total contract amount of $375,000.00).
Pearland City Council Minutes August 23, 2021
E. Consideration and Possible Action - Resolution No. R2021-178 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract with Leaf r Engineers, for Facility Generator Assessment
Services, in the estimated amount of $93,490.00.
F. Consideration and Possible Action -Resolution No. R2021-180 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
contract for Fire Department Dispatch Services to East Harris County
Communications, in the estimated amount of $323,600 for the period of
September 1, 2021 through August 31, 2024.
G. Consideration and Possible Action -Resolution No. R2016-28.1 - A
Resolution of the City Council of the City of Pearland, Texas, amending the
Financial Naming Rights Policy for City Park and Library Facilities.
H. Consideration and Possible Action -Resolution No. R2021-177 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
contract with the Pearland Reporter News as the official newspaper of
record for publishing City legal notices, at the price of $6.00 per column
inch, for the period of September 17, 2021 to September 16, 2022.
I. Consideration and Possible Action -Resolution No. R2021-181 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
contract for professional services associated with the Intersection
Improvement Project (Windward Bay at Broadway; Pearland Parkway at
Oak Ridge; and Dixie Farm Road near Long Oak), in the additional amount
of $10,000.00 (total amount of $108,900.00), with Kimley-Horn and
Associates, Inc.
J. Consideration and Possible Action -Resolution No. R2021-185 - A
Resolution of the City Council %J the City %J Pearland, Texas, authorizing
the City Manager or his designee to enter into an Agreement with the
Friends of Pearland Westside Library, Inc. to define the roles of the two
parties.
K. Consideration and Possible Action - Excuse the absence of
Councilmember Trent Perez from the City Council Regular Meeting on
August 9, 2021.
L. Consideration and Possible Action -Second and Final 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
Pearland City Council Minutes August 23, 2021
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.
M. Consideration and Possible Action - Second and Final 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.
N. Consideration and Possible Action -Resolution No. R2021-187 - A
Resolution of the City Council of the City of Pearland supporting Brazoria
County's appointment of the City's Director of Community Development,
John McDonald, to the Board of Directors of the Gulf Coast Water
Authority ("GCWA").
Councilmember Kamkar made the motion, seconded by Councilmember Little,
to adopt Consent Agenda Items A through N, with the exception of Consent
Agenda Item B.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried.
XII. NEW BUSINESS CONTINUED
4. Consideration and Possible Action -Resolution No. R2021-188 - A
Resolution of the City Council of the City of Pearland, Texas, accepting the
Office of City Secretary's determination that a Local Option Petition for the
legal sale of alcoholic beverages for the legal sale of mixed beverages
failed to meet the signature requirements of the Texas Election Code
("Code") and accepting the results of the petition into the City's official
record.
Jimmy Davis, 5004 Colmesneil Street, stated his appreciation to the City
Secretary's Office for be transparent while reviewing the local option election
petition. He stated his concerns for driving under the influence statistics for cities
adjacent to Pearland.
Mayor Pro-Tem Hernandez made the motion, seconded by Councilmember
Perez, to adopt Resolution No. R2021-188.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
Pearland City Council Minutes August 23, 2021
The motion carried. Resolution No. R2021-188 is adopted.
5. Consideration and Possible Action - Resolution No. R2021-182 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the power of eminent domain to acquire fee title interest to certain property
for the Willowcrest Detention Pond Project;beinga tract of land containing
4.8160 acres (209,784 square feet) situated in the H.T. & B.R.R. CO. Survey,
A-640 in Brazoria County, Texas and out of Lots 19 & 20 of W. Zychlinski's
Subdivision, a subdivision plat recorded under Volume 29, Page 43 of
Deed Records of Brazoria County, and also being residue of a tract as
conveyed unto Sempre Avant, LLC by deed recorded under County Clerk's
File Number 98-038672 of the Official Public Records of Brazoria County,
Texas, for the construction and maintenance of detention pond
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.
Councilmember Carbone made the motion, seconded by Councilmember Little,
to adopt Resolution No. R2021-182.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried.. Resolution No. R2021-182 is adopted.
6. Consideration and Possible Action - Resolution No. R2021-189 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
contract with CDM Smith, Inc., in the additional amount of $971,900.00
(total amount of $8,093,433.00), for SCADA Design and Programming
services associated with Surface Water Treatment Plant.
Jimmy Davis, 5004 Colmesneil Street, stated his concerns regarding the bid
process for the Surface Water Treatment Plant.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-189 is adopted.
Mayor Cole moved Matters Removed from Consent Agenda to before New Business Item
XIII. MATTERS REMOVED FROM CONSENT AGENDA
B. Consideration and Possible Action -Resolution No. R2021-161 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
change order with SpawGlass Corp., in the amount of $271,204,46,
associated with the West Pearland Public Library (Shadow Creek
Parkway).
Pearland City Council Minutes August 23, 2021
Councilmember Owens made the motion, seconded by Council memDer Little, to
adopt Resolution No. R2021-161.
Councilmember Carbone made the motion, seconded by Councilmember
Kamkar, to amend the list of projects to strike -out the sound dampening in the
amount of $22,750,00,
AYES: Orlando, Carbone, Kamkar, Hernandez, Owens.
NAYS: Little, Perez.
The motion carried.
Mayor Cole called for the vote on the original motion as amended.
AYES: Orlando, Carbone, Kamkar, Hernandez, Owens.
NAYS: Little, Perez.
The motion carried. Resolution No. R2021-161 is adopted as amended.
XIV. NEW BUSINESS CONTINUED
7. Fiscal Year 2022 Budget Discussion #2.
Diego Lopez, Pearland Professional Firefighters Association Local 4964, 621
Shadow Cliff, League City, Texas, stated his concerns regarding the proposed
budget and the pay for the firefighters.
Will Sohn, Pearland Professional Firefighters Association Local 4964, 5308
Apple Springs Drive, stated his concerns regarding the pay for firefighters.
Charles McMurry, 5209 Spring Branch Drive, spoke regarding the City budget.
Jimmy Davis, 5004 Colmesneil Street, spoke regarding the City budget and
stated his concerns regarding the operating budget.
Budget Officer Eric Roche gave an overview of the Fiscal Year 2022 Budget
modifications based on the previous budget discussions.
Human Resources Director LaRae James gave an overview of the
Compensation and Classification Plan.
There was a consensus of Council to move the employees, salaries closer to
the market value.
XV. OTHER BUSINESS
There was none.
Pearland City Council Minutes August 23, 2021
XVI. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There was none.
XVII. ADJOURNMENT
Mayor Cole adjourned the meeting at 11:29 p.m.
Minutes approved as submitted and/or corrected this the 13th day of September, 2021.
TRMC, CMC
City Secretary
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evin Cole
Mayor
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Pearland City Council Minutes August 23, 2021