2021-10-11 CITY COUNCL REGULAR MEETING MINUTES MINUTES OF A CITY COUNCIL MEETING OF THE CITY OF PEARLAND, TEXAS, HELD ON
OCTOBER 11, 2021 AT 6:30 PM, IN PEARLAND CITY HALL COUNCIL CHAMBERS, 3519
LIBERTY DRIVE, PEARLAND, TEXAS.
I. CALC 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
Councilmember Tony Carbone 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-Tem Adrian Hernandez
Councilmember Luke Orlando
Councilmember Tony Carbone
Councilmember Alex Kamkar
Councilmember Woody Owens
City Manager Clay Pearson
City Attorney Darrin Coker
City Secretary Crystal Roan
Councilmember David Little and Councilmember Trent Perez were absent.
IV. CITIZEN COMMENTS
Melissa Flores, 3407 Clever Court, stated her concerns regarding her personal
experience living next door to a short-term rental property.
Valerie Hobson, 11506 Michelle Way, stated her concerns regarding short-term rental
properties existing in single-family residential areas. She also stated that sound barriers
should be installed for subdivisions near the SH288 corridor.
V. PUBLIC HEARING NO. 1
Public Hearing: A request by Lonnie Turner, applicant and owner,for approval
of a zone change from the Neighborhood Service (NS) District to the General
Business (GB) District, on approximately 0.39 acres of land; to wit:
Legal Description: All of Lot 1, Block 1 of Minor Plat of Turner's Corner, an
addition within the City of Pearland, Brazoria County, Texas according to the
plat recorded in County Clerk's File No. 2013010156 in the Plat Records of
Brazoria County, Texas.
General Location: 3054 Cullen Parkway, Pearland, Texas.
Pearland City Council Minutes October 11, 2021
Mayor Cole read the purpose of the Public Hearing.
Senior Planner Mohamed Bireima gave an overview of the request.
Applicant Valencia Weeks, 3103 Capital Court, gave an overview of the project.
Mayor Cole called for public comments for or against the request. There were none.
VI. NEW BUSINESS
1. Consideration and Possible Action - First 'Reading of Ordinance No.
2000M-218 - 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 1, Block 1 of Minor Plat of Turner's Corner, an
addition within the City of Pearland, Brazoria County, Texas according to
the plat recorded in County Clerk's File No. 2013010156 in the Plat Records
of Brazoria County, Texas (located at 3054 Cullen Parkway, Pearland,
Texas).Zone Change Application No.ZONE 21-00016, a request by Lonnie
Turner, applicant, and owner, for approval of a zone change from the
Neighborhood Service (NS) District to the General Business (GB) District,
on approximately 0.39 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
Carbone, to approve the First Reading of Ordinance No. 2000M-218.
AYES: Orlando, Carbone, Kamkar, Hernandez, Owens.
NAYS: None.
The motion carried.
VII. PUBLIC HEARING NO. 2
Public Hearing: A request by Victor Houtmann, applicant, on behalf of Olin
Wooten, owner, for approval of a Conditional Use Permit (CUP)for Concrete
Batching Plant use within the Light Industrial (M-1) District, to accommodate
the construction of a cement batch plant within a 77.703-acres lot, to wit:
Legal Description: Being all of Lot 1, Block 1 of the Minor Plat of Nilo, a
subdivision of 77.703 acres of land located in the H.T. & B.R.R. CO. Survey,
Abstract 542 and the R.B. Lyle Survey, Abstract 543, in the City of Pearland,
Brazoria County, Texas, according to the plat recorded in County Clerk's File
No. 2014046197 in the Official Plat Records of Brazoria County, Texas.
General Location: 4501 Knapp Road, Pearland, Texas.
Mayor Cole read the purpose of the Public Hearing.
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Senior Planner Mohamed Bireima gave an overview of the request.
Applicant Victor Houtmann gave an overview of the project.
Mayor Cole called for public comments for or against the request.There were none.
VIII. NEW BUSINESS
2. Consideration and Possible Action - Resolution No. R2021-CUP21-00027 -
A Resolution of the City Council of the City of Pearland, Texas, approving
a Conditional Use Permit(CUP)for Concrete Batching Plant use within the
Light Industrial (M-1) District, to accommodate the construction of a
cement batch plant within a 77.703-acres lot; being all of Lot 1, Block 1 of
the Minor Plat of Nilo, a subdivision of 77.703 acres of land located in the
H.T. & B.R.R. CO. Survey, Abstract 542 and the R.B. Lyle Survey, Abstract
543, in the City of Pearland, Brazoria County, Texas, according to the plat
recorded in County Clerk's File No. 2014046197 in the Official Plat Records
of Brazoria County, Texas (located at 4501 Knapp Road, Pearland, Texas).
Conditional Use Permit Application No CUP21-00027, for Concrete
Batching Plant use within the Light Industrial (M-1) District, at the request
of Victor Houtmann, applicant, on behalf of Olin Wooten, owner,
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
Orlando, to adopt Resolution No. R2021-CUP21-00027 with conditions.
AYES: Orlando, Carbone, Hernandez.
NAYS: Kamkar, Owens.
The motion carried. Resolution No. R2021-CUP21-00027 is adopted with
conditions.
IX. PUBLIC HEARING NO. 3
Public Hearing: A request by Cameron Crouch, GCP Commercial, applicant, on
behalf of Sue Morrison 2012 Trust, owner, for approval of a Conditional Use
Permit(CUP) for Auto Wash (Self-Service) use within the General Commercial
(GC) District, to accommodate a proposed carwash facility, on approximately
5.1891 acres of land, to wit:
Legal Description: All that certain 5.1891-acre tract of land located in the R.B.
Lyle Survey, Section No. 2, Abstract No. 542, Brazoria County, Texas, also •
being out of and a part of Lot 13, Zychlinski's Subdivision of the said R.B. Lyle
Survey, a map or plat of which is recorded in Volume 29, Page 43 of the Deed
Records of Brazoria County, Texas.
General Location: North of 2027 Main Street, Pearland, Texas.
Mayor Cole read the purpose of the Public Hearing.
Pearland City Council Minutes October 11, 2021
Senior Planner Mohamed Bireima gave an overview of the request.
Applicant Jessie McClain, 2208 W. 700 South, Springfield, Utah, gave an overview
of the project.
Mayor Cole asked for public comments for or against the request. There were none.
X. NEW BUSINESS
3. Consideration and Possible Action - Resolution No. R2021-CUP21-00029 -
A Resolution of the City Council of the City of Pearland, Texas, approving
a Conditional Use Permit(CUP)for Auto Wash(Self-Service) use within the
General Commercial (GC) District to accommodate a proposed car wash
facility, on approximately 5.1891 acres of land; being all that certain
5.1891-acre tract of land located in the R.B. Lyle Survey, Section No. 2,
Abstract No. 542, Brazoria County, Texas, also being out of and a part of
Lot 13,Zychlinski's Subdivision of the said R.B. Lyle Survey, a map or plat
of which is recorded in Volume 29, Page 43 of the Deed Records of
Brazoria County, Texas (located North of 2027 Main Street, Pearland,
Texas). Conditional Use Permit Application No CUP21-00029, for Auto
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Wash (Self-Service) use within the General Commercial (GC) District, at
the request of Cameron Crouch, GCP Commercial, applicant, on behalf of
Sue Morrison 2012 Trust, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to
the subject.
Mayor Cole tabled this item to later in the meeting to allow collaboration between
applicant and staff to present additional considerations.
Xl. CONSENT AGENDA
A. Consideration and Possible Action -Approval of Minutes
City Council Regular Meeting -September 13, 2021
City Council Special Meeting Capital Improvement-September 20, 2021
City Council Special Meeting -September 20, 2021
City Council Regular Meeting -September 27, 2021
B. Consideration and Possible Action - Resolution No. R2021-166 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate in an interlocal cooperative
pricing arrangement with the Texas Department of Information Resources
("DIR"), for the purchase of technology equipment (Animal Shelter) from
Sequel Data Systems, in the estimated amount of$87,024.48.
C. Consideration and Possible Action - Resolution No. R2021-216 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to participate in an interlocal cooperative
pricing arrangement with the Texas Department of Information Resources
(DIR) for the purchase of access switches, indoor and outdoor access
Pearland City Council Minutes October 11, 2021
points, phones and video conferencing units (Fire Station No. 4) from
Sequel Data Systems Inc., in the amount of$79,321.18.
D. Consideration and Possible Action - Resolution No. R2021-225 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a Seismic Testing Permit for Denbury Onshore (generally located south of •
Bailey Road and north of County Road 128).
E. Consideration and Possible Action - Resolution No. R2021-226 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit supply contract for bunker gear cleaning inspections and repair
services to Delta Industrial Service & Supply, in the estimated amount of
$130,250.00, for the period of October 12, 2021 through October 11, 2022.
F. Consideration and Possible Action - Resolution No. R2021-227 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit supply contract for the purchase of Police Department Uniforms to
Cop Stop, in the estimated amount of $120,000.00, for the period of
October 14, 2021 through October 13, 2022.
G. Consideration and Possible Action - Resolution No. R2021-228 - 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 competitive sealed proposal for construction
of the Shadow Creek Parkway Entry Project, to Landscape Art, Inc., in the
amount of$200,340.74.
H. Consideration and Possible Action - The reappointment of Antonio Caro
to Position 3 for a 3-year term expiring November 1, 2024, and the
reappointment of Teir Allender to Position 4 for a 3-year term expiring
November 1, 2024, to serve on the Pearland Conventions and Visitors
Bureau.
I. Consideration and Possible Action - Regarding the reappointment of
Tammy McLain to Position No. 3 for a 3-year term expiring November 1,
2024, to serve on the Pearland Library Board.
J. Consideration and Possible Action - Ratify the City Manager's
reappointment of James Gilbert to Position No. 3 to serve on the Civil
Service Commission for a 3-year term expiring November 1, 2024.
K. Consideration and Possible Action - Regarding the reappointment of John
Fischer to Position No. 3 for a 3-year term expiring November 1, 2024, to
serve on the Animal Shelter Advisory Committee.
L. Consideration and Possible Action — Second and Final 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
Pearland City Council Minutes October 11, 2021
severability clause; providing for codification, publication,and an effective
date.
M. Consideration and Possible Action - Resolution No. R2021-222 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into an Interlocal Agreement with
Brazoria County associated with repairs to Northfork Drive, in the
estimated amount of$38,657.50.
Mayor Pro-Tern Hernandez made the motion, seconded by Councilmember
Carbone, to adopt Consent Agenda Items A through M.
AYES: Orlando, Carbone, Kamkar, Hernandez, Owens.
NAYS: None.
The motion carried.
XII. NEW BUSINESS CONTINUED
4. Consideration and Possible Action —Second and Final Reading of
Ordinance No. 1607 -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 incorporating the means to meet
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.
Mayor Cole postponed New Business Item No. 4 to the City Council Regular
Meeting to be held on October 25, 2021.
5. Consideration and Possible Action- Resolution No. R2021-233 -A
Resolution of the City Council of the City of Pearland, Texas, appointing a
Short-Term Rental Advisory Committee and adopting a Committee Charge
regarding recommendations for proposed Short-Term Rental regulations.
Councilmember Kamkar made the motion, seconded by Councilmember Owens,
to adopt Resolution No. R2021-233.
Councilmember Kamkar made the motion, seconded by Councilmember
Orlando, to strike the proposed committee, then appoint the Planning and Zoning
Commission to consider the short-term rental regulations, and finally to discuss
their recommendations at a City Council and Planning and Zoning Commission
Joint workshop.
AYES: Orlando, Kamkar.
NAYS: Carbone, Hernandez, Owens.
The motion failed.
Pearland City Council Minutes October 11, 2021
Mayor Pro-Tem Hernandez made the motion, seconded by Councilmember
Carbone, to amend Resolution No. R2021-233 to include a member of the
Planning and Zoning Commission, to be named at a later date, to the committee.
AYES: Orlando, Carbone, Kamkar, Hernandez, Owens.
NAYS: None.
The motion carried.
Councilmember Kamkar made the motion, seconded by Councilmember
Orlando, to provide a deadline for the recommendations from the ad hoc
committee on short-term rentals by December 1, 2021.
AYES: Orlando, Carbone, Kamkar,'Hernandez, Owens.
NAYS: None.
The motion carried.
Mayor Cole called for the vote on the original motion as amended.
AYES: Orlando, Carbone, Kamkar, Hernandez, Owens.
NAYS: None
The motion carried. Resolution No. R2021-233 is adopted as amended to include
a member of the Planning and Zoning Commission to the committee and to
provide_a deadline for the recommendations from the ad hoc committee on short-
term rentals by December 1, 2021.
3. Consideration and Possible Action - Resolution No. R2021-CUP21-00029 -
A Resolution of the City Council of the City of Pearland, Texas, approving
a Conditional Use Permit(CUP)for Auto Wash(Self-Service) use within the
General Commercial (GC) District to accommodate a proposed car wash
facility, on approximately 5.1891 acres of land; being all that certain
5.1891-acre tract of land located in the R.B. Lyle Survey, Section No. 2,
Abstract No. 542, Brazoria County, Texas, also being out of and a part of
Lot 13,Zychlinski's Subdivision of the said R.B. Lyle Survey, a map or plat
of which is recorded in Volume 29, Page 43 of the Deed Records of
Brazoria County, Texas (located North of 2027 Main Street, Pearland,
Texas). Conditional Use Permit Application No CUP21-00029, for Auto
Wash (Self-Service) use within the General Commercial (GC) District, at
the request of Cameron Crouch, GCP Commercial, applicant, on behalf of
Sue Morrison 2012 Trust, 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'approve Resolution No. R2021-CUP21-0029 including the conditions
recommended by staff andlhe conditions discussed with the applicant.
AYES: Orlando, Carbone, Kamkar, Hernandez, Owens.
NAYS: None.
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Pearland City Council Minutes October 11, 2021
The motion carried. Resolution No. R2021-CUP21-0029 is adopted.
6. Presentation and Discussion - 2021 Biennial Community Survey
Mayor Cole postponed this presentation to the October 25, 2021 City Council
Regular Meeting due to the vendor's inability to attend the meeting.
7. Consideration and Possible Action - Resolution No. R2021-229 - A
Resolution of the City Council of the City of Pearland, Texas, appointing
two (2) representative and two (2) alternates to the Houston-Galveston ,
Area Council ("HGAC") 2020 General Assembly; and appointing one (1)
delegate and one(1) alternate to the HGAC Board of Directors.
Councilmember Orlando made the motion, seconded by Councilmember
Carbone, to adopt Resolution No. R2021-229.
AYES: Orlando, Carbone, Kamkar, Hernandez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-229 is adopted.
8. Consideration and Possible Action - Resolution No. R2021-230 - A
Resolution of the City Council'of the City of Pearland, Texas, authorizing
the power of eminent domain to acquire a fee title interest, a waterline
easement, a sanitary sewer/drainage easement, and a temporary
construction easement on certain property for public -infrastructure
improvements; being tracts of land containing a.1403 acre tract (6,112
square feet) , a 0.6072 acre tract (26,488 square feet), a 0.3723 acre tract
(16,216 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 60 of the Allison Richey Gulf Coast Home
Company Subdivision, Section 24 recorded in Volume 2, Page 89 of
Brazoria County Plat Records (B.C.P.R.). Said tracts being portions of a
called 10.00 acre tract of land recorded in the name of Arena Boat and R.V.
Storage, LLC in Brazoria County Clerk's File (B.C.C.F.) Number (No.)
2020056338,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.
City Attorney Darrin Coker read the entire caption for the record.
Councilmember Carbone made the motion, seconded by Mayor Pro-Tern
Hernandez, to adopt Resolution No. R2021-230.
AYES: Orlando, Carbone, Kamkar, Hernandez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-230 is adopted.
Pearland City Council Minutes October 11, 2021
9. Consideration and Possible Action - Resolution No: R2021-231 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
participation in the State of Texas settlement of civil litigation with opioid
manufacturers and distributors; approving the Texas Term Sheet and
associated Settlement participations Forms.
Mayor Pro-Tern Hernandez made the motion, seconded by Councilmember
Carbone, to adopt Resolution No. R2021-231.
AYES: Orlando, Carbone, Kamkar, Hernandez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-231 is adopted.
10. Consideration and Possible Action R2021-232 - A Resolution of the City
Council of the City of Pearland,-Texas, amending the City Council Rules
and Order of Business ("Rules") as guidelines for the organization and
governance of the City Council.
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Councilmember Kamkar made the motion, seconded by Councilmember
Carbone, to adopt Resolution R2021-232.
Mayor Pro-Tern Hernandez made the motion, seconded by Councilmember
Carbone,to amend the proposed language for Item 6 to require councilmembers
desiring to make individual presentations or sharing of information outside of
material provided in the agenda packet no later than noon on the day of the
meeting, for the City Manager to share that information to City Council no later
than four hours prior to the meeting, for the City Secretary to include that
information in the posted agenda packet no later than four hours prior to the
meeting, and to strike the last sentence of the proposed language.
AYES: Orlando, Carbone,,Kamkar, Hernandez, Owens.
NAYS: None.
The motion carried.
Mayor Cole called for the vote on the original motion as amended.
AYES: Orlando, Carbone, Kamkar, Hernandez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-232 is adopted as amended.
XIII. MATTERS REMOVED FROM CONSENT AGENDA
There were none.
XIV. OTHER BUSINESS
There was none.
.Pearland City Council Minutes October 11, 2021 •
XV. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were none.
XVI. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Section 551.087- Consultation' with City Attorney- Regarding Economic
Development Negotiations
Section 551.072-Consultation with City Attorney- Regarding the Acquisition of
Real Property
Council adjourned into Executive Session at 9:36 p.m. -
Council returned from Executive Session at 10:35 p.m.
XVII. NEW BUSINESS CONTINUED
11. Section 551.087- Consideration and Possible Action regarding Economic
Development Negotiations
Councilmember Carbone made the motion, seconded by Councilmember
Owens, to authorize the City Manager or his designee to enter into a
Reimbursement Agreement with the Pearland Economic Development
Corporation to fund public infrastructure costs in an amount estimated to be
$623,000, or the actual cost, and enter into a Development Agreement with
Prospect#2109 and PEDC as discussed in Executive Session.
AYES: Orlando, Carbone, Kamkar, Hernandez, Owens.
NAYS: None.
The motion carried.
Councilmember Carbone made the motion, seconded by Councilmember
Owens, to authorize the City Manager or his .designee to enter into a
Reimbursement Agreement between the City and the Pearland Economic
Development Corporation; authorizing a-Development Agreement with Prospect
#2105 and enter into a Letter Finance Agreement with Lower Kirby Pearland
Management District, associated with the construction and funding of public
infrastructure to serve portions of the Lower Kirby District as discussed in
Executive Session.
AYES: Orlando, Carbone, Kamkar, Hernandez, Owens.
NAYS: None.
The motion carried.
Councilmember Carbone made the motion, seconded by Councilmember
Owens, to authorize the City Manager or his designee to enter into a
Reimbursement Agreement with the Pearland Economic Development
Corporation to fund public infrastructure costing an amount not to exceed
Pearland City Council Minutes October 11, 2021
$1,650,000 and enter into a Development Agreement with Prospect#2108 and
the Pearland Economic Development Corporation as discussed in Executive
Session.
AYES: Orlando, Kamkar, Hernandez, Owens.
NAYS: Carbone.
The motion carried.
Councilmember Carbone made the motion, seconded by Councilmember
Owens to authorize the City Manager or his designee to enter into a
Reimbursement Agreement with the Pearland Economic Development
Corporation to fund public infrastructure costs in an amount not to exceed
$1,700,000 and enter into a Development Agreement with Prospect#2104 and
the Pearland Economic Development Corporation as discussed in Executive
Session.
AYES: Orlando, Carbone, Hernandez, Owens.
NAYS: Kamkar.
The motion carried.
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XVIII. ADJOURNMENT
Mayor Cole adjourned the meeting at 10:39 p.m.
Minutes approved as submitted and/or corrected this 25th day of October 2021.
a_
evin Cole
Mayor
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Pearland City Council Minutes October 11, 2021