2021-10-25 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Minutes October 25, 2021
MINUTES OF A CITY COUNCIL MEETING OF THE CITY OF PEARLAND, TEXAS, HELD ON
OCTOBER 25, 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 6:36 p.m.
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
Mayor J. Kevin Cole gave the Invocation and the Boy Scouts Troop 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
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
Mayor Pro-Tem Adrian Hernandez was absent.
IV. CITIZEN COMMENTS
Joseph Yao, 4203 Crystal Lake Circle South, stated his concerns regarding the Hughes
Ranch Road expansion between Smith Ranch Rd. and Cullen Rd.
Adam Carroll, 12511 Britt, stated his appreciation to Police, City Council and City Staff
for their leadership.
Tito Edwards, 2925 Indigo Rd, stated his concerns regarding Pearland Animal Control’s
policy to not accept stray pets found outside of the Pearland city limits.
Charles McMurrey, 5209 Spring Branch Dr., stated his appreciation to the Fire
Department for bringing forth an error in the City's compensation step plan. He also
stated his concerns relating to withholding judicial records.
V. NEW BUSINESS
1. Consideration and Possible Action - Resolution No. R2021-204 - A
Resolution of the City Council of the City of Pearland, Texas, hereinafter
referred to as “Applicant,” designating certain officials as being
responsible for, acting for, and on behalf of the Applicant in dealing with
the Texas Parks & Wildlife Department, hereinafter referred to as
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“Department,” for the purpose of participating in the Local Park Grant
Program, hereinafter referred to as the “Program”; certifying that the
Applicant is eligible to receive program assistance; certifying that the
Applicant matching share is readily available; and dedicating the proposed
site for permanent public park and recreational uses.
Councilmember Orlando, made the motion, seconded by Councilmember
Carbone, to adopt Resolution No. R2021-204.
Forever Parks Foundation Representative, Kelly Moody, gave an overview of
the program along with an update on the amount of funds raised.
City Manager Clay Pearson gave an overview of the grant.
State Representative Ed Thompson shared his compliments on the grant.
AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-204 is adopted.
VI. PUBLIC HEARING NO. 1
Public Hearing - Public hearing on Community Development Block Grant
(CDBG) allocations from the U.S. Department of Housing and Urban
Development: FY 2021 Annual CDBG Allocation ($428,094) and FY 2022
CDBG Allocation ($462,666).
Mayor Cole read the purpose of the public hearing.
Grants Administrator Joel Hardy gave an overview of the grant allocations.
Mayor Cole called for citizen comments. There were none.
No action taken.
VII. PUBLIC HEARING NO. 2
Public Hearing - A request by Eddy E. Aguiar, applicant, on behalf of
Mohammad Ullah, 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 a cigar shop inside a
lease space within an existing multi-tenant commercial center, on
approximately 1.292 acres of land, to wit:
Legal Description: Being a 1.292-acre tract in the H.T. & B.R.R. Co. Survey,
Abstract No. 1, Brazoria County, Texas, said 1.292-acre tract is in a called
2.9340-acre tract described in a deed to Wagon Trail Enterprises Limited
Partnership as recorded in Clerk’s File No. 2005023402 in the Deed
Records of Brazoria County, Texas.
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General Location: 5740 Broadway Street, Suite 112, Pearland, Texas.
Mayor Cole read the purpose of the public hearing.
Planning Manager Martin Griggs stated the application included a minor error;
however, the error does not affect the resolution.
Senior Planner Mohamed Bireima gave an overview of the request.
Mayor Cole called for citizen comments.
Ramona Trevino, 1122 Bobby St., stated her support for the business.
Norma McVickar, 4423 Ravine Dr., stated her support for the business.
VIII. NEW BUSINESS CONTINUED
2. Consideration and Possible Action - Resolution No. R2021-CUP21-00030 -
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 a cigar shop inside a lease space within an existing multi-
tenant commercial center, on approximately 1.292 acres of land; being
described as a 1.292-acre tract in the H.T. & B.R.R. Co. Survey, Abstract
No. 1, Brazoria County, Texas, said 1.292-acre tract is in a called 2.9340-
acre tract described in a deed to Wagon Trail Enterprises Limited
Partnership as recorded in Clerk’s File No. 2005023402 in the Deed
Records of Brazoria County, Texas (located at 5740 Broadway Street, Suite
112, Pearland, Texas). Conditional Use Permit Application No CUP21-
00030, for Cigars, Tobacco or E-Cigarettes Shop (Retail Only) use within
the General Commercial (GC) District, at the request of Eddy E. Aguiar,
applicant, on behalf of Mohammad Ullah, 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
Kamkar, to adopt Resolution No. R2021-CUP21-00030 as amended to limit the
permit use to cigars and tobacco only.
AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-CUP21-00030 is adopted.
IX. CONSENT AGENDA
A. Consideration and Possible Action - Approval of Minutes - City Council
Regular Meeting - October 11, 2021.
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B. Consideration and Possible Action - Excuse the absence of
Councilmember J. David Little and Councilmember Trent Perez from the
Council Regular Meeting held on October 11, 2021.
C. Consideration and Possible Action - The reappointment of Associate
Judges Thomas Pfeiffer and Erum Jivani.
D. Consideration and Possible Action - The appointment of John Grimmett to
Position No. 6 for a 3-year term expiring November 1, 2024; and Francine
Shephard to Position No. 7 for a 3-year term expiring November 1, 2024 to
serve on the Pearland Library Advisory Board.
E. Consideration and Possible Action - The appointment of Dennis Allen to
Position No. 2 for a 3-year term expiring November 1, 2024; Heather Baker
to Position No. 7 for a 3-year term expiring November 1, 2024; and Heather
Campo to Position No. 4 for an unexpired term, expiring November 1, 2022
to serve on the Pearland Parks and Recreation Advisory Board.
F. Consideration and Possible Action - Resolution No. R2021-239 - 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 Dell Computer Equipment, in the estimated
amount of $200,000.00.
G. Consideration and Possible Action - Resolution No. R2021-236 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
software maintenance contract with Tyler Technologies, Inc., for software
maintenance services in the amount of $212,496.67.
H. Consideration and Possible Action - Resolution No. R2021-223 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
contract via an interlocal pricing arrangement with Buyboard for monthly
preventative maintenance and repairs associated with Dectron Pool
Equipment PM & Repairs, to McMillan James Equipment Company, in the
estimated amount of $128,950.00, for the period beginning November 1,
2021 through October 31, 2022.
I. Consideration and Possible Action - Resolution No. R2021-234 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a design contract with Joiner Architects, associated with renovations to
the J. C. Doyle Public Safety Building, in the estimated amount of
$84,375.00.
J. Consideration and Possible Action - Resolution No. R2021-224 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
unit supply contract with Lone Star Pavement Services LLC., for road
striping services, in the estimated amount of $325,000, for the period of
November 1, 2021 through October 31, 2022.
K. Consideration and Possible Action - Resolution No. R2021-237- A
Resolution of the City Council of the City of Pearland, Texas, rejecting any
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and all bids for construction services associated with the Shadow Creek
Ranch Sidewalk Extension Project.
L. Consideration and Possible Action - Resolution No. R2021-240 - A
Resolution of the City Council of the City of Pearland, Texas, rejecting any
and all bids for construction services associated with the Residential
Pavement Repairs.
M. Consideration and Possible Action - Resolution No. R2021-241 - A
Resolution of The City Council of the City of Pearland, Texas, renewing a
bid associated with the Community Development Block Grant Program (B-
18-MC-48-0400), for Single Family Owner-Occupied Home, minor repairs
and rehabilitation that benefit low-moderate income Pearland residents, to
Circle Friends Construction, in the estimated amount of $185,000.00.
N. Consideration and Possible Action - Second and Final 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.
O. 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.
Councilmember Kamkar made the motion, seconded by Councilmember
Perez, to adopt Consent Agenda Items A through O, with the exception
of Consent Agenda Items I and O.
AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
I. NEW BUSINESS
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3. Presentation and Discussion - 2021 Biennial Community Survey
Nick Mastronardi, National Research Center, Inc. (NRC)/Polco, gave an
overview of the survey.
No Action Taken.
4. Consideration and Possible Action - Resolution No. R2021-196 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the additional appropriation of $395,344.00 from Fund 506 Fund Balance;
authorizing the transfer of $490,062.00 from Project DR2201 and
$950,000.00 from Project DR1905 to The West Lea Drainage Improvement
Project; and awarding construction services contract for the West Lea
Drainage Improvements Project, to Reliance Construction Services, in the
amount of $5,656,673.92.
Councilmember Owens made the motion, seconded by Councilmember Little, to
adopt Resolution No. R2021-196.
AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-196 is adopted.
5. Consideration and Possible Action - Resolution No. R2021-197 - 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 Drainage District 4 (BD4) for improvements to the West Lea Ditch
#B122-00-00.
Councilmember Orlando made the motion, seconded by Councilmember
Carbone, to adopt Resolution No. R2021-197.
AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-197 is adopted.
6. Consideration and Possible Action - Resolution No. R2021-198 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a construction materials testing contract with Ninyo & Moore Consultants,
in the estimated amount of $99,380.00 for the West Lea Drainage
Improvements Project.
Councilmember Carbone made the motion, seconded by Councilmember Perez,
to adopt Resolution No. R2021-198.
AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-198 is adopted.
7. Consideration and Possible Action – First Reading of Ordinance No. 1608
- An Ordinance of the City Council of the City of Pearland, Texas, repealing
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Chapter 12, SOLID WASTE, of the City of Pearland Code of Ordinances, in
its entirety and adopting a new Chapter 12, SOLID WASTE, for the purpose
of updating the Code of Ordinances as it relates to Solid Waste; providing
a penalty for violation; having a savings clause, a repealer clause, a
severa-bility clause; provid-ing for codification, publication and an
effective date.
Councilmember Kamkar made the motion, seconded by Councilmember Perez,
to approve the First Reading of Ordinance No. 1608.
AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
8. Consideration and Possible Action - Resolution No. R2021-242 - A
Resolution of the City Council of the City of Pearland, Texas, declaring
intention to reimburse project expenditures from proceeds of future tax-
exempt obligations.
Councilmember Little made the motion, seconded by Councilmember Perez, to
adopt Resolution No. R2021-242.
AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-242 is adopted.
9. Consideration and Possible Action – First Reading of Ordinance No. 1605-
1 - An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 1605, the 2021-2022 Annual Budget Ordinance,
to facilitate the changes identified herein; providing a savings clause, a
severability clause, a repealer clause, and an effective date.
Councilmember Perez made the motion, seconded by Councilmember Owens,
to approve the First Reading of Ordinance No. 1605-1.
AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
X. MATTERS REMOVED FROM CONSENT AGENDA
Mayor Cole moved Matters Removed From Consent Agenda after Consent Agenda
Items.
I. Consideration and Possible Action - Resolution No. R2021-234 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a design contract with Joiner Architects, associated with renovations to
the J. C. Doyle Public Safety Building, in the estimated amount of
$84,375.00.
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Councilmember Perez recused himself from this item.
Councilmember Little made the motion, seconded by Councilmember Owens,
to adopt Resolution No. R2021-234.
AYES: Orlando, Carbone, Kamkar, Little, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-234 is adopted.
O. 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.
Councilmember Perez made the motion, seconded by Councilmember
Little to approve the Second and Final Reading of Ordinance No. 1607.
Councilmember Orlando made the motion, seconded by Councilmember
Kamkar, to include a contingency for Council to receive a presentation
before implementing the process regarding the calculation and the
process to collect Hotel Taxes from short-term rental owners.
AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
Mayor called for the vote on the original motion as amended.
AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Ordinance No. 1607 is adopted as amended.
XI. OTHER BUSINESS
There was none.
XII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were none.
XIII. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Section 551.074 – Personnel Matters – Regarding the Annual Evaluation of
the Municipal Court Judge.
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Section 551.074 – Personnel Matters – Regarding the Annual Evaluation of
the City Attorney.
Section 551.072- Deliberations Regarding Real Property- Consultation with
the City Attorney regarding that acquisition of real property for City
facilities
Council adjourned into Executive Session at 8:59 p.m.
Council returned from Executive Session at 10:21 p.m.
I. NEW BUSINESS CONTINUED
10. Consideration and Possible Action - Regarding the Annual Evaluation of
the Municipal Court Judge.
Councilmember Perez made the motion, seconded by Councilmember Carbone,
to approve compensation as discussed in Executive Session.
AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
11. Consideration and Possible Action - Regarding the Annual Evaluation of
the City Attorney.
Councilmember Perez made the motion, seconded by Councilmember
Carbone, to approve unanimously approved compensation as discussed in
Executive Session.
AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
12. Consideration and Possible Action - Regarding the acquisition of
real property for City facilities
Councilmember Perez made the motion, seconded by Councilmember
Carbone, to approve the terms as discussed in Executive Session.
AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
XIV. ADJOURNMENT
Mayor Cole adjourned the meeting at 10:23 p.m.
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Minutes approved as submitted and/or corrected this the 8th day of November
2021.
J. Kevin Cole
Mayor
ATTEST:
Crystal Roan, TRMC, CMC
City Secretary
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