2021-11-08 CITY COUNCIL REGULAR MEETING AGENDACITY COUNCIL REGULAR MEETING
AGENDA
MONDAY, NOVEMBER 8, 2021 6:30 PM
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. PUBLIC HEARING NO. 1
Public Hearing - Curfew Ordinance Renewal
Curfew.1012-4
VI. NEW BUSINESS
1.
Consideration and Possible Action — First Reading of Ordinance No.
1012-4 - An Ordinance of the City Council of the City of Pearland, Texas,
establishing a curfew for persons under the age of 17 years, providing
defenses to prosecution for violations hereunder, providing a penalty for
violation; providing for timely review and analysis of said ordinance to
determine its effectiveness; containing a savings clause, a severability clause
City Council Regular Meeting - Nov 08 2021
and a repealer clause; providing an effective date, and containing other
provisions relating to the subject.
1st Reading Curfew Ordinance Renewal AIR-21-535 - Pdf
VII. PUBLIC HEARING NO. 2
Public Hearing: A request by Andrew Lang, BGE, Inc, applicant, on behalf of William
and Robert Lew, owner, for approval of a zone change from the Residential Estate (R-
E) District to the Planned Development (PD) District, by incorporating additional 74.71
acres of land as an addendum to the Massey Oaks Planned Development District to
accommodate a proposed residential development, to wit:
Legal Description: Tract "1 ": Being a tract of land containing 25.062 acres (1,091,727
square feet), located within the H.T. & B.R.R. Co. Survey, Abstract-525, Brazoria
County, Texas and being a portion of a called 80.0-acre tract recorded in the name of
Robert Lew and William Lew in Brazoria County Clerk's File (B.C.C.F.) Number (No.)
82034242. Tract "2": Being a tract of land containing 49.654 acres (2,162,942 square
feet), located within the H.T. & B.R.R. Co. Survey, Abstract-525, Brazoria County,
Texas and being a portion of a called 80.0-acre tract recorded in the name of Robert
Lew and William Lew in Brazoria County Clerk's File (B.C.C.F.) Number (No.)
82034242.
General Location: Southeast Corner of Old Massey Ranch Road and Future Harkey
Road.
Public Hearing - Zone Change Application - ZONE21-00015 AIR-21-565 - Pdf
VIII. NEW BUSINESS
2. Consideration and Possible Action - First Reading of Ordinance No.
2000M-220 - 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 9.569 acres (416,845 square feet) of land, being Tract "1": Tract of land
containing 25.062 acres (1,091,727 square feet), located within the H.T. &
B.R.R. Co. Survey, Abstract-525, Brazoria County, Texas and being a portion
of a called 80.0-acre tract recorded in the name of Robert Lew and William
Lew in Brazoria County Clerk's File (B.C.C.F.) Number (No.) 82034242; and
also being Tract "2": Tract of land containing 49.654 acres (2,162,942 square
feet), located within the H.T. & B.R.R. Co. Survey, Abstract-525, Brazoria
County, Texas and being a portion of a called 80.0-acre tract recorded in the
name of Robert Lew and William Lew in Brazoria County Clerk's File
(B.C.C.F.) Number (No.) 82034242 (located at the southeast corner of Old
Massey Ranch Road and Future Extension of Harkey Road). Zone
Change Application No. ZONE 21-00015, a request by Andrew Lang, BGE,
Inc, applicant, on behalf of William and Robert Lew, owner, for approval of a
zone change from the Residential Estate (R-E) District to the Planned
Development (PD) District, by incorporating additional 74.71 acres of land
as an addendum to the Massey Oaks Planned Development District, to
accommodate a proposed residential development; providing for an
City Council Regular Meeting - Nov 08 2021
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 - First Reading of Ordinance No. 2000M-220 AIR-21-564 -
Pdf
IX. PUBLIC HEARING NO. 3
Public Hearing: A request by Jose Jaramillo, RSG Engineering, applicant, on behalf
of DN 18 Rivers LLC, owner, for approval of a zone change from the General
Commercial (GC) District to the Light Industrial (M-1) District, on approximately 9.569
acres of land; to wit:
Legal Description: 9.569 acres (416,845 square feet) of land, being a called 9.65
acres tract, being the North one-half of Block 43, Section No. 2, of the H.T. & B.R.R.
Co. Survey, Certificate 361, Abstract No. 542, Save & Except a 0.1091-acre tract,
conveyed to the State of Texas, per B.C.C.F. No. 2005023018, Brazoria County,
Texas.
General Location: 1613 Main Street, Pearland, TX.
Public Hearing: Zone Change Application: ZONE 21-00017 AIR-21-555 - Pdf
X. NEW BUSINESS
3. Consideration and Possible Action - First Reading of Ordinance No.
2000M-219 - 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 9.569 acres (416,845 square feet) of land, being a called 9.65 acres
tract, being the North one-half of Block 43, Section No. 2, of the H.T. &
B.R.R. Co. Survey, Certificate 361, Abstract No. 542, Save & Except a
0.1091-acre tract, conveyed to the State of Texas, per B.C.C.F. No.
2005023018, Brazoria County, Texas (located at 1613 Main Street,
Pearland, TX). Zone Change Application No. ZONE 21-00017, a request by
Jose Jaramillo, RSG Engineering, applicant, on behalf of DN 18 Rivers LLC,
owner, for approval of a zone change from the General Commercial (GC)
District to the Light Industrial (M-1) District, on approximately 9.569 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 - First Reading of Ordinance No. 2000M-219 AIR-21-556 -
Pdf
XI. PUBLIC HEARING NO. 4
Public Hearing: A request by Shezad Amir, applicant, on behalf of Matthew Berger,
owner, for approval of a Conditional Use Permit (CUP) for Cigars, Tobacco or E-
Cigarettes Shop (Retail Only) use within the General Business (GB) District, to
accommodate an approximately 2,000-square foot hookah and vape retail shop within
City Council Regular Meeting - Nov 08 2021
an existing multi -tenant retail center, on approximately 12.6047 acres of land, to wit:
Legal Description: Being all of Tract 1 of the Pearland Plaza Addition, an addition in
the City of Pearland, Brazoria County, Texas, according to the plat recorded in
Volume 16, Page 33-36 in the Official Plat Records of Brazoria County, Texas.
General Location: 3227 Broadway Street, Pearland, Texas.
Public Hearing: Conditional Use Permit Application - CUP 21-00031 AIR-21-553 - Pdf
XII. NEW BUSINESS
4. Consideration and Possible Action - Resolution No. R2021-CUP21-
00031 - 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 vape and hookah retail shop within an existing
multi -tenant retail center, on approximately 12.6047 acres of land; being
described as Tract 1 of the Pearland Plaza Addition, an addition in the City of
Pearland, Brazoria County, Texas, according to the plat recorded in Volume
16, Page 33-36 in the Official Plat Records of Brazoria County, Texas
(located at 3227 Broadway Street, Pearland, Texas). Conditional Use Permit
Application No CUP21-00031, for Cigars, Tobacco or E-Cigarettes Shop
(Retail Only) use within the General Commercial (GC) District, at the request
of Shezad Amir, applicant, on behalf of Matthew Berger, 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-CUP21-00031 AIR-21-554 - Pdf
XIII. CONSENT AGENDA
A.
B.
C.
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 Minutes - October 25, 2021
City Council Regular Meeting Minutes - Oct 25 2021
Consideration and Possible Action - Excuse the absence of
Councilmember Adrian Hernandez from the City Council Regular Meeting
held on October 25, 2021.
Excuse the absence of Hernandez from Oct. 25, 2021 meeting AIR-21-546 - Pdf
Consideration and Possible Action - The reappointment of Tom Pool to
Position No. 1, for a 2-year term expiring November 1, 2023; reappointment
of Tony Carbone to Position No. 3, for a 2-year term expiring November 1,
City Council Regular Meeting - Nov 08 2021
D.
E.
F.
G.
2023; and reappointment of Tom Reid to Position No. 5, for a 2-year term
expiring November 1, 2023, to serve on the Development Authority of
Pearland.
Reappointments to DAP AIR-20-382 - Pdf
Consideration and Possible Action - The reappointment of Darrell Isenberg
to Position No. 3 for a 3-year term expiring November 1, 2024 and the
reappointment of Jennifer Henrichs to Position No. 7 for a 3-year term
expiring November 1, 2024 to serve on the Planning and Zoning
Commission.
Reappointment to Planning and Zoning Commission AIR-21-485 - Pdf
Consideration and Possible Action - The reappointment of Antonio
Johnson to Position No. 3 for a 2-year term expiring November 1, 2023, and
the reappointment of Chad Thumann to Position No. 6, for a 2-year term
expiring November 1, 2023 to serve on the Pearland Economic Development
Corporation Board of Directors.
Reappointments to serve on the PEDC AIR-21-488 - Pdf
Consideration and Possible Action - The reappointment of Mark Lewis to
Position No. 2, for a 2-year term expiring November 1, 2023; reappointment
of Gary Shrum to Position No. 4, for a 2-year term expiring November 1,
2023; reappointment of Jerry Acosta to Position No. 5 for a 2-year term
expiring November 1, 2023; and the reappointment of Nicole Tonini to
Alternate Position A4, for a 2-year term expiring November 1, 2023, to serve
on the Zoning Board of Adjustments.
Reappointments to Zoning Board of Adjustments AIR-21-490 - Pdf
Consideration and Possible Action - The reappointment of David Selsky to
Position 6 for a 2-year term expiring November 1, 2023, to serve on the
Pearland TIRZ Board #2.
Reappointment to serve on the TIRZ Board #2 AIR-21-493 - Pdf
H. Consideration and Possible Action - Resolution No. R2021-253 - 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 Gulf
Coast Transit District associated with the Public Transportation Voucher
Service Program.
Interlocal Agreement between the City of Pearland and the Gulf Coast Transit District for a
Public Transportation Voucher Service Program AIR-21-552 - Pdf
Consideration and Possible Action — Second 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.
City Council Regular Meeting - Nov 08 2021
J.
Solid Waste Ordinance Update Second Reading AIR-21-551 - Pdf
Consideration and Possible Action — Second 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-21-560 - Pdf
K. Consideration and Possible Action - Resolution No. R2021-244 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a unit
supply contract with Envirodyne Laboratories, Inc., for water, wastewater and
pretreatment laboratory testing services, in the estimated amount of
$120,000.00, for the period of November 20, 2021 through November 19,
2022.
Envirodyne Contract Renewal AIR-21-325 - Pdf
L. Consideration and Possible Action - Resolution No. R2021-235 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
Software Maintenance Contract with Central Square Technologies, in the
amount of $324,954.03, for the period of October 1, 2021 through September
30, 2022.
Renewing software maintenance contract with Central Square AIR-21-500 - Pdf
M. Consideration and Possible Action - Resolution No. R2021-251 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing a
contract for Grant Program and Project Management Services with Hampsten
Consulting LLC, in the estimated amount of $62,500.00.
2019 Flood Mitigation Home Elevation Program - Professional Services AIR-21-506 - Pdf
N. Consideration and Possible Action - Resolution No. R2021-245 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to participate in an cooperative pricing
arrangement with Buyboard for the unit supply contract for fire apparatus
preventative maintenance and repair service with Siddons-Martin Emergency
Group in the estimated amount of $425,000.00 for the period of November
15, 2021 to November 14, 2022.
Siddons Martin Fire Apparatus PM's and Repairs AIR-21-514 - Pdf
O. Consideration and Possible Action - Resolution No. R2021-238 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to participate in interlocal cooperative pricing
arrangements with participating cooperatives (Texas Department of
Information Resources and National Intergovernmental Purchasing Alliance)
for the purchase of Information Technology equipment and hardware from
CDW Government, in the estimated amount of $250,000.00.
Purchase of IT equipment AIR-21-525 - Pdf
P. Consideration and Possible Action - Resolution No. R2021-246 - A
City Council Regular Meeting - Nov 08 2021
Resolution of the City Council of the City of Pearland, Texas, awarding a
Software Maintenance Contract with Environmental Systems Research
Institute ("ESRI"), in the estimated amount of $271,500.00, for software
maintenance of the City's Geographic Information System ("GIS").
Software Maintenance Contract with Environmental Systems Research Institute, Inc AIR-21-
536 - Pdf
Q. Consideration and Possible Action - Resolution No. R2021-248 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
Letter Finance Agreement (20-09-001) with Reinvestment Zone No. 2, City of
Pearland, Texas, associated with the Shadow Creek Ranch Park Project
(Phase II).
TIRZ LFA Amendment SCR Park Phase II Map AIR-21-540 - Pdf
XIV. NEW BUSINESS CONTINUED
5. Consideration and Possible Action - Resolution No. R2021-255 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Pearland Economic Development Corporation (PEDC) expenditure with the
Cannon Workplace, LLC, in the amount of $927,000.00, for a three (3) year
contract to operate the Pearland Entrepreneurship Hub.
Pearland Entrepreneurial Hub AIR-21-558 - Pdf
6. Consideration and Possible Action - Resolution No. R2021-250 -
A Resolution of the City Council of the City of Pearland, Texas, awarding a
construction contract for Phase IV of the SH 288 Corridor Master
Improvement Plan Project, to Millis Development & Construction, LLC in the
amount of $18,060,608.76; and authorizing the transfer of funding from
PEDC to the City of Pearland as set forth in the attached reimbursement
agreements.
SH 288 Master Improvements Plan Phase IV Construction Bid Award AIR-21-547 - Pdf
7. Consideration and Possible Action - Resolution No. R2021-254 - A
Resolution of the City Council of the City of Pearland, Texas, amending the
City's Comprehensive Financial Management Policy Statement to enhance
the City's long-term goal of maintaining fiscal health and stability.
Updated Comprehensive Financial Management Policy Statement AIR-21-550 - Pdf
8. Consideration and Possible Action - Resolution No. R2021-247 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a unit
supply contract for landscape maintenance services (combined medians,
right of way and facilities) with Brightview Landscape, in the estimated
amount of $1,307,403.98 for the period of November 29, 2021 through
November 28, 2022.
Brightview Landscape Renewal AIR-21-498 - Pdf
9. Consideration and Possible Action - Resolution No. R2021-249 - 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 sanitary sewer
City Council Regular Meeting - Nov 08 2021
easement, and a temporary construction easement on certain property for
public infrastructure improvements (road and sewer); being tracts of land
containing a 0.1421 acre parcel (6,188 square feet), a 0.0426 acre parcel
(1,856 square feet) and a temporary construction easement located within the
H.T.&B.R.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 parcels also being a portion of a called
2.50 acre tract recorded in the name of Elliot Irish in Brazoria County Clerk's
File (B.C.C.F.) Number (No.) 2020064519 , 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.
ROW Acquisition- Parcel 67 Massey Oaks Vicinity AIR-21-544 - Pdf
XV. MATTERS REMOVED FROM CONSENT AGENDA
XVI. OTHER BUSINESS
XVII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
XVIII. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Executive Session - 551.074 - Personnel Matters - Regarding appointments for the
Boards and Commissions.
XIX. NEW BUSINESS CONTINUED
Consideration and Possible Action - Regarding appointments for the Boards and
Commissions.
XX. 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 November 8,
2021 was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on November 4, 2021 by
6:00 p.m.
City Council Regular Meeting - Nov 08 2021
Crystal N. Roan, TRMC, CMC
City Secretary
City Council Regular Meeting - Nov 08 2021