2021-09-13 CITY COUNCIL REGULAR MEETING MINUTES MINUTES OF A CITY COUNCIL MEETING OF THE CITY OF IEARLAND,
TEXAS, HELD ON SEPTEMBER 13, 2021 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
Mayor Cole 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-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
City Secretary Crystal Roan
IV. CITIZEN COMMENTS
Jimmy Kelley, 3607 Dorothy Ln, stated his concerns with the local option petition. He
also stated his concerns regarding a councilmember allegedly owning an Airbnb
rental.
Mayor Cole moved the Consent Agenda to before the Public Hearings, New Business
Items related to the budget after the Consent Items, and the Public Hearings after the
Consent Agenda.
IX. CONSENT AGENDA
A. Consideration and Possible Action -Approval of Minutes
City Council Special Meeting Budget Discussion #1 Minutes -August 14, 2021
City Council Special Meeting Minutes -August 16, 2021
City Council and Planning and Zoning Joint Workshop Minutes - August 16,
2021
City Council Regular Meeting Minutes -August 23, 2021
City Council Special Meeting Budget Public Hearing and Budget Discussion
#3 Minutes -August 30, 2021
B. Consideration and Possible Action - Resolution No. R2021-183 -A Resolution
of the City Council of the.City of Pearland, Texas, amending a contract with
Gauge Engineering, in the additional amount of $29,492.50 (total contract
amount of $316,855.50) for design services associated with the Safe Routes
to School Project.
C. Consideration and Possible Action - Resolution No. R2021-193 -A Resolution
of the City Council of the City of Pearland, Texas, authorizing participation in
an interlocal agreement with Brazoria County for the purchase of Hardware
Supplies and Materials from Pearland Lumber Company, Inc., in the estimated
amount of$70,000.00,forthe period of October 1, 2021 through September 30,
2022.
D. Consideration and Possible Action - Resolution No. R2021-194 -A Resolution
of the City Council of the City of Pearland, Texas, authorizing participation in
an interlocal agreement with Brazoria County for the purchase of Hardware
Supplies and Materials from O'Day Rental & Supply, in the estimated amount
of$50,000.00, for the period of October 1, 2021 through September 30, 2022.
E. Consideration and Possible Action - Resolution No. R2021-192 -A Resolution
of the City Council of the City of Pearland, Texas, authorizing participation
through an interlocal agreement with National IPA — OMNIA Partners for the
purchase of hardware supplies and materials from Lowe's, in the estimated
amount of$60,000.00,for the period of October 1, 2021 through September 30,
2022.
F. Consideration and Possible Action - Resolution No. R2021-191 -A Resolution
of the City Council of the City of Pearland, Texas, authorizing participation in
an interlocal agreement with National IPA— OMNIA Partners for the purchase
of City supplies from Amazon Business, in the estimated amount of
$80,000.00, for October 1, 2021 through September 30, 2022.
Consideration and Possible Action - Resolution No. R2021-184 -A Resolution
G. of the City Council of the City of Pearland, Texas, approving Special Event
Permit No. EVNT21-00058 for the Shadow Creek Ranch High School
Homecoming Parade.
H. Consideration and Possible Action - Resolution No. R2021-201 -A Resolution
of the City Council of the City of Pearland, Texas, amending a contract for
solid waste collection services with Frontier K2, LLC.
I. Consideration and Possible Action - Resolution No. R2021-207 -A Resolution
of the City Council of the City of Pearland,Texas, renewing a contract for Bank
Depository Services with Wells Fargo Bank for the period beginning October
1, 2021 and ending September 30, 2022 (third of three (3) one-year renewals).
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J. Consideration and Possible Action -Second and Final 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 Orlando made the motion, seconded by Councilmember Little, to
approve Consent Items A-J, except Consent Item H.
AYES: Orlando,'Carbone, Hernandez, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
Xl. MATTERS REMOVED FROM CONSENT AGENDA
Mayor Cole moved "Matters Removed From Consent Agenda" to before New
Business.
H. Consideration and Possible Action'- Resolution No. R2021-201 - A
Resolution of the City Council of the City of Pearland, Texas,
amending a contract for solid waste collection services with
Frontier K2, LLC.
Mayor Pro-Tern Hernandez recused himself from this item.
Councilmember Carbone made the motion, seconded by Councilmember
Perez to adopt Resolution No. R2021-201.
AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
VI. NEW BUSINESS CONTINUED
Mayor Cole stated New Business Items 7 through 13 will be discussed at the City
Council Special Meeting on September 20, 2021 due to the pending weather
event.
3. Consideration and Possible Action — First Reading of Ordinance No.
1605 -An appropriation Ordinance adopting a budget for the fiscal year
beginning October 1, 2021, and ending September 30, 2022, and pay
plans for fiscal year 2022.
Mayor Pro-Tem Hernandez made the motion, seconded by Councilmember
Perez to approve the First Reading of Ordinance No. 1605.
Councilmember Kamkar made the motion to amend, seconded by
Councilmember Perez, to reduce the expenditure cap by $750,000.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
Mayor Cole called for the vote on the original motion as amended.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens.
NAYS: None.
The--motion carried.
4. Consideration and Possible Action — First Reading of Ordinance No. 1606 -
An Ordinance adopting a tax rate of$0.708250 and levying taxes for the use
and support of the Municipal Government of the City of Pearland, Texas, and
providing for the interest and sinking fund of the taxable year 2021.
Councilmember Kamkar made the motion, seconded by Councilmember Perez, to
approve the First Reading of Ordinance No. 1606.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
5. Consideration andPossible Action—First Reading of Ordinance No. 1358-21
-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.
Councilmember Little made the motion, seconded by Councilmember Perez, to
approve the First Reading of Ordinance No. 1358-21.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens. •
NAYS: None. •
The motion carried.
6. Consideration and Possible Action - Resolution No. R2021-212 - A
Resolution of the City Council of the City of Pearland, Texas, accepting
receipt of the City of Pearland Utility Billing Process Report and System
Review prepared by Raftelis and the Utility Billing Ad hoc Committee Final
Report.
Councilmember Perez made the motion, seconded by Mayor Pro-Tem Hernandez,
to approve Resolution No. R2021-212.
AYES: Orlando, Carbone, Hernandez, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. 2021-212 is adopted.
7. Consideration and Possible Action — First Reading of Ordinance No. 220-13
-An Ordinance of the City Council of the City of Pearland, Texas, amending
Chapter 30, Utilities, Article II, RATES AND CHARGES, of the code of
ordinances to amend Section 30-39,When Payment Due and adding Section
30-48, Extreme Winter Weather Events; providing a penalty for violation;
contain-ing a savings clause and a severability clause; providing for
codification, publication, and an effective date.
Item 7 will be discussed at the City Council Special Meeting on September 20,
2021 due to the pending weather event.
8. Consideration and Possible Action - Resolution No. R2021-208 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract for the Oakbrook & Oakbrook Estates Water
Quality Project (Phase 1 & 2) to Scohil Construction Services, LLC, in the
amount of$596,037.50.
Item 8 will be discussed at the City Council Special Meeting on September 20,
2021 due to the pending weather event.
9. Consideration and Possible Action - Resolution No. R2021-175 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
contract for construction services associated with the Shadow Creek
Regional Lift Station Rehabilitation and Generator Project, in the amount of
$946,990.00, to Nerie Construction.
Item 9 will be discussed at the City Council Special Meeting on September 20,
2021 due to the pending weather event.
10. Consideration and Possible Action - Resolution No. R2021-199 -A�
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into an Agreement with Keep
Pearland Beautiful for the operation of the Stella Roberts Recycling Center.
Item 10 will be discussed at the City Council Special Meeting on September 20,
2021 due to the pending weather event.
11. Consideration and Possible Action - Resolution No. R2021-206 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
power of eminent domain to a fee title interest, a sanitary sewer easement,
and a temporary construction easement on certain property for public
infrastructure improvements (road and sewer); being tracts of land
containing 0.1141 acre (4,971 square feet), a 0.0343 acre (1,491 square feet)
and a temporary construction easement located within the H.T.&B.B.R. Co.
Survey, Abstract-549, Brazoria County, Texas and being a portion of Lot 54
of the Allison Richey Gulf Coast Home Company Subdivision, Section 24
recorded in Volume 2, Page 89 of the Brazoria County Plat Records(B.C.P.R).
Said 0.1141 acre tract also being a portion of called Lot 16 in Flora Addition
VII Subdivision (unrecorded) and recorded in the name of Lenor Dominguez
in Brazoria County Clerk's File (B.C.C.F) Number (No.) 2007066024, for the
construction and maintenance of public 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.
Item 11 will be discussed at the City Council Special Meeting on September 20,
2021 due to the pending weather event.
12. Consideration and Possible Action - Resolution No. R2021-205 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
power of eminent domain to a fee title interest, a sanitary sewer easement,
and a temporary construction easement on certain property for public
infrastructure improvements (road and sewer); being tracts of land
containing 0.1421acre(6,188 square feet), a 0.0426 acre (1,856 square feet)
and a temporary construction easement located within the H.T.&B.B.R. Co.
Survey, Abstract-549, Brazoria County, Texas and being a portion of Lot 52
of the Allison Richey Gulf Coast Home Company Subdivision, Section 24
recorded in Volume 2, Page 89 of the Brazoria County Plat Records(B.C.P.R).
Said 0.1421 acre tract also being a portion of a called 2.50 acre tract recorded
in the name of Charles Vegil, Et Ux in Brazoria County Clerk's File (B.C.C.F.)
Number (No.) 2004046805, for the construction and maintenance of public
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.
Item 12 will be discussed at the City Council Special Meeting on September 20,
2021 due to the pending weather event.
V. PUBLIC HEARING NO. 1
Public Hearing: A request by Jon Arledge, applicant, on behalf of V&B
Cornerstone, LLC, owner, for approval of a Conditional Use Permit(CUP)for
Liquor/Package Store located within the General Commercial (GC) District,
to accommodate a liquor retail store within the retail center under
construction at the southeast corner of Main Street and Magnolia Parkway,
on approximately 3.225 acres of land; to wit:
Legal Description: Being all of Lot 1, Block 1 of Lizer Retail Center Replat
No.1, a subdivision of 3.225 acres in the City of Pearland, Brazoria County,
Texas, as according to the plat recorded in County Clerk's File No.
2020028946 in the Official Plat Records of Brazoria County, Texas.
General Location: 3525 Main Street, Suite 160, Pearland, Texas.
Mayor Cole read the purpose of the Public Hearing.
Mayor Cole called for citizen comments for or against the request. There were
none.
Haren Patel, store owner, responded to Council inquiries.
VI. NEW BUSINESS
1. , Consideration and Possible Action -- Resolution No. R2021-CUP21-
00024 -A Resolution of the City Council of the City of Pearland, Texas,
approving a Conditional Use Permit (CUP) for Liquor/Package Store
within the General Commercial (GC) District, to accommodate a liquor
retail store within the retail center under construction, on
approximately 3.225 acres of land; being all of Lot 1, Block 1 of Lizer
Retail Center Replat No.1, a subdivision of 3.225 acres in the City of
Pearland, Brazoria County, Texas, as according to the plat recorded in
County Clerk's File No. 2020028946 in the Official' Plat Records of
Brazoria County, Texas (located at 3525 Main Street, Suite 160,
Pearland,Texas). Conditional Use Permit Application No CUP21-00024,
for Liquor/Package Store within the General Commercial (GC) District,
at the request of Jon Arledge, applicant, on behalf of V&B Cornerstone,
LLC, owner, 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 Councilmember
Perez, to adopt Resolution No. 2021-CUP21-00024.
AYES: Orlando, Little, Perez, Owens.
NAYS: Carbone, Kamkar, Hernandez. '
The motion carried. Resolution No. R2021-CUP21-0024 is adopted.
VII. PUBLIC HEARING NO. 2
Public Hearing: A request by Jennifer Curtis, META Planning & Design
LLC, applicant, on behalf of TX-Land Parcels, LLC, owner, for approval
of proposed amendments to the Pearland Town Center Planned Unit
Development (PUD), to accommodate detached townhomes
development on single-family residential lots subdivided for individual
ownership within Sub-Area "C" of the PD, on approximately 13.692
acres of land, to wit:
Legal Description: Being Lots 14, 15 & 16 of Amending Plat of the Plat
of Replat of Pearland Town Center, a subdivision recorded in File No.
200805836 in the Official Records of Brazoria County, Texas.
General Location: South Side of 11200 Broadway Street, Pearland, TX.
Mayor Cole read the purpose of the Public Hearing.
Planning Manager Martin Griggs gave an overview of the request.
Jennifer Curtis, applicant, gave an overview of the proposed project.
Mayor Cole called for citizen comments for or against the request. There were
none.
VIII. NEW BUSINESS
1. Consideration and Possible Action - First Reading of Ordinance
No. 2000M-217 - 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 Lots 14, 15 & 16 of
Amending Plat of the Plat of Replat of Pearland Town Center, a
subdivision recorded in File No. 200805836 in the Official Records
of Brazoria County, Texas (located South of 11200 Broadway
Street, Pearland, Texas). Zone Change Application No. ZONE 21-
00013, a request by Jennifer Curtis, META Planning & Design LLC,
applicant, on behalf of TX-Land Parcels, LLC, owner, for approval
of proposed amendments to the Pearland Town Center Planned
Unit Development (PUD), to accommodate detached townhomes
development on single-family residential lots subdivided for
individual ownership within Sub-Area "C" of the PUD, on
approximately 13.692 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-217.
AYES: None.
NAYS: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
The motion failed.
IX. OTHER BUSINESS
There was none.
X. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There was none.
XIII. ADJOURNMENT •
Mayor Cole adjourned the meeting at 8:48 p.m.
Minutes approved as submitted and/or corrected this the 11th day of October 2021.
7oL
. Kevin Cole
Mayor
ATTEST:
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