2021-10-25 CITY COUNCIL REGULAR MEETING AGENDAPROCLAMATION NOTICE
To occur prior to City Council Regular Meeting
October 25, 2021
Pearland City' Council Chambers' 3519 Liberty Drive
Mayor J. Kevin Cole will be presenting the following:
Proclamation designating November 5, 2021 as Arbor Day
CITY COUNCIL REGULAR MEETING
AGENDA
MONDAY, OCTOBER 25, 2021 6:30 P.M.
PEARLAND CITY HALL (COUNCIL CHAMBERS 13519 LIBERTY DRIVE
I. CALL TO ORDER
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND 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 Trent Perez, Councilmember
Woody Owens.
IV. CITIZEN COMMENTS
In order to hear all citizen comments at a reasonable hour, the City Council requests
that speakers respect the three -minute time limit for individual comments and the five-
minute time limit for an individual speaking on behalf of a group. This is not a
question -answer session, however, it is an opportunity to voice your thoughts with City
Council.
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 "Department," for the
City Council Regular Meeting - Oct 25 2021
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.
SCR Inclusive Playground - Tx Parks/Wildlife Dept. AIR-21-419 - Pdf
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).
CDBG Public Hearing AIR-21-538 - Pdf
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.
General Location: 5740 Broadway Street, Suite 112, Pearland, Texas.
Public Hearing: Conditional Use Permit Application - CUP 21-00030 AIR-21-522 - Pdf
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
City Council Regular Meeting - Oct 25 2021
behalf of Mohammad Ullah, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
Consideration and Possible Action - Resolution No. R2021-CUP21-00030 AIR-21-523 - Pdf
IX. CONSENT AGENDA
A.
B.
C.
D.
E.
All items listed under the "Consent Agenda" are considered to be routine and require
little or no deliberation by the City Council. These items will be enacted/approved by
one motion unless a councilmember requests separate action on an item, in which
event the item will be removed from the Consent Agenda and considered by separate
action (VI. Matters Removed from Consent Agenda). Approval of the Consent Agenda
enacts the items of legislation.
Consideration and Possible Action - Approval of Minutes - City Council
Regular Meeting - October 11, 2021
City Council Regular Meeting- Oct 11 2021 - Minutes
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.
Excuse the absence of Perez and Little from Oct. 11, 2021 meeting AIR-21-537 - Pdf
Consideration and Possible Action - The reappointment of Associate
Judges Thomas Pfeiffer and Erum Jivani.
Reappoint Judges AIR-21-515 - Pdf
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.
Appointment to serve on the Library Advisory Board AIR-21-519 - Pdf
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.
Appointment to serve on the Pearland P&R Advisory Board AIR-21-489 - Pdf
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.
Purchase of computer equipment from Dell AIR-21-499 - Pdf
City Council Regular Meeting - Oct 25 2021
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.
Tyler Technologies software maintenance renewal AIR-21-520 - Pdf
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.
Dectron Pool HVAC Equipment PM & Repair Contract AIR-21-364 - Pdf
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.
PSB Renovations Design Contract AIR-21-507 - Pdf
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.
Pavement Marking Contract Amendment AIR-21-400 - Pdf
K. Consideration and Possible Action - Resolution No. R2021-237- A
Resolution of the City Council of the City of Pearland, Texas, rejecting any
and all bids for construction services associated with the Shadow Creek
Ranch Sidewalk Extension Project.
Shadow Creek Ranch Sidewalk Extension Rejecting All Bids AIR-21-299 - Pdf
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.
Rejection of Bids for Annual Pavement Repair for Residential Areas - On Call Contract AIR-21-
529 - Pdf
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.
General Services - Single Family Housing Rehab AIR-21-505 - Pdf
City Council Regular Meeting - Oct 25 2021
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.
Consideration and Possible Action - Second & Final Reading of Ordinance No. 2000M-218
AIR-21-524 - Pdf
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.
1607-STR Registration.1607
Attachment A - GovOS STR Introduction Deck
Attachment B - STR Follow Up to First Reading Memo- 7-22-2021 TR
Attachment C - CVB VCA STR Thurs Memo 7-29-2021
Attachment D - June 23 Memo Ordinance Amendment to Address Short -Term Rentals by
Rohrbacher
Attachment E - Advisory Board meeting MINUTES - July 17, 2019
Attachment F - CM Perez Agenda Request email
Attachment G Cover 8-6-2021 Memo
X. NEW BUSINESS
3. Presentation and Discussion - 2021 Biennial Community Survey
2021 Biennial Community Survey AIR-21-497 - Pdf
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.
Westlea Construction Contract AIR-21-352 - Pdf
City Council Regular Meeting - Oct 25 2021
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
#B 122-00-00.
Westlea DD4 Interlocal AIR-21-353 - Pdf
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.
Westlea CMT Contract AIR-21-398 - Pdf
7. Consideration and Possible Action — First Reading of Ordinance No.
1608 - An Ordinance of the City Council of the City of Pearland, Texas,
repealing 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.
Solid Waste Ordinance Update AIR-21-409 - Pdf
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.
Intent to Reimburse from Bond Proceeds AIR-21-483 - Pdf
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
severa-bility clause, a repealer clause, and an effective date.
Budget Amendment #1 AIR-21-526 - Pdf
XI. MATTERS REMOVED FROM CONSENT AGENDA
XII. OTHER BUSINESS
XIII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
XIV. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
The City Council will now hold a closed executive meeting pursuant to the provision of
Chapter 551, Texas Government Code, in accordance with the authority contained in:
City Council Regular Meeting - Oct 25 2021
Section 551.074 — Personnel Matters — Regarding the Annual Evaluation of
the Municipal Court Judge.
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
XV. NEW BUSINESS CONTINUED
10. Consideration and Possible Action - Regarding the Annual Evaluation of
the Municipal Court Judge.
11. Consideration and Possible Action - Regarding the Annual Evaluation of
the City Attorney.
12. Consideration and Possible Action - Regarding the acquisition of real
property for City facilities
XVI. ADJOURNMENT
If you plan to attend this public meeting and you have a disability that requires special
arrangements at the meeting, please contact the City Secretary at 281.652.1655 or by e-mail at
citysecretary@pearlandtx.gov. Requests for special services must be received Forty-eight (48)
hours prior to the meeting time. Reasonable accommodations will be made to assist your
needs.
I certify that a copy of this notice of the City of Pearland City Council Meeting for October 25,
2021 was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on October 21, 2021 by
7:00 p.m.
Crystal N. Roan, TRMC, CMC
City Secretary
City Council Regular Meeting - Oct 25 2021
•
Notice of Public Hearing
for City of Pearland's
Community Development Block Grant Program
The City of Pearland has prepared and submitted its FY 21 and FY 22 Annual Action Plans, which are
for HUD Program Years FY 2020 and FY 2021 respectively, for the Community Development Block
Grant program (CDBG) The City has conducted previous public hearings that have allowed citizen
participation in the City's planning process, but will conduct an additional public hearing
regarding these allocations at 6 30pm on Monday, October 25, 2021, at:
Pearland City Hall
3519 Liberty Drive
Pearland TX 77581
The hearing will be used to correct information about the spending activities involving the
allocation of funds in support of eligible expenditures. This Public Hearing NOTICE will initiate a
9-day comment period starting on October 14, 2021 and ending October 22, 2021, for citizens
and public officials to provide input, discussion and make recommendations on the City's Plan.
About the Funding
The U S Department of Housing & Urban Development (HUD) provides an annual formula allocation of
funding to the City of Pearland via the CDBG program CDBG funding is available to serve low-moderate
income individuals, households, and areas of the Entitlement Jurisdiction, which in the case of Pearland
began in 2006 when its population exceeded 50,000 Originally, the City was informed by HUD that its
FY 2021 and FY 2022 (HUD Program Years FY 2020 and FY 2021)were$428,160 and $455,947 HUD
later informed the City that these amounts were in error due to a formula miscalculation, and the
corrected amounts would be$428,094 and $462,666, respectively The City used these corrected
amounts in each action plan budget and in its applications for federal assistance (Federal Form
SF-424), but HUD has informed the City that it must republicize the corrected funding amounts
and conduct a new public hearing.
The public hearing will briefly remind citizens and other members of thb public about the details of these
two spending plans, but the presentation will refer to previous public hearing presentations held by City
Council for more details about the CDBG program and the applicable allocations of funds. Additional
information can be requested at any time
Public Hearing Participation
Members of the public that wish to view the public hearing and applicable Council Meeting may
do so in person, via internet at: https.//pearlandtx.civicweb.net/Portal/Video.aspx, or on local
Municipal Access Channel 16 Citizens that are unable to participate in the meeting may provide input
in writing via email to (hardy aa,pearlandtx.gov, by mail to 3519 Liberty Drive, Pearland TX 77581, hand
delivery to the same address, or by telephone at 281 652.1795
Fair Housing Issues
The Public Hearing will also be a forum to discuss fair housing and related issues. Residents with
suggestions and/or concerns will be provided opportunity to voice those issues during the public hearing
Notes. Requests for reasonable special accommodations or interpretive services related-to Title
VI, the Americans with Disabilities Act, or Section.504 of the Rehabilitation Act must be made at
least 48 hours prior to this meeting to the City Secretary's Office at(281) 652-1653