2021-11-08 CITY COUNCIL REGULAR MEETING MINUTES DocuSgn Envelope.ID'44CA410D-EOBF-41 E9-A41 F-099DA239B46C , t
MINUTES OF A CITY COUNCIL MEETING OF THE CITY OF PEARLAND, TEXAS,
HELD ON NOVEMBER 8, 2021 AT 6 30 PM, IN PEARLAND CITY HALL COUNCIL
CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
1 CALL TO ORDER
Mayor J Kevin Cole called the meeting to order at 6 30p 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 Councilmember Trent Perez
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 Trent Perez
Councilmember Woody Owens
City Manager Clay Pearson
City Attorney Darrin Coker
City Secretary Crystal Roan
Councilmember J David Little was absent. -
IV CITIZEN COMMENTS
Dr Jason Perry, 3903 Cedarwood, stating his concerns regarding the short-term rental
registration regulations
V PUBLIC HEARING NO .1
Public Hearing -Curfew Ordinance Renewal.
Mayor Cole read the purpose of the Public Hearing
City Manager Clay Pearson gave an overview of the request.
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 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
N
Pearland City Council Regular Meeting Minutes - November 08, 2021
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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, is severability
clause and a repealer clause, providing an effective date, and containing
other provisions relating to the subject.
Councilmember Orlando made the motion, seconded by Councilmember
Carbone, to adopt the First Reading of Ordinance No 1012-4
AYES Orlando, Carbone, Kamkar, Hernandez, Perez, Owens.
NAYS None
The motion carried
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
' Mayor Cole read the purpose of the Public Hearing
Planning Manager Martin Griggs gave an overview of the request.
Applicant Alan Buehler, 1925 Broadway, gave an overview of the request.
Applicant Chris Patterson, BGE Inc, gave a presentation on the request.
Mayor Cole called for public comments for or against the request. There were
none
Pearland City Council Regular Meeting Minutes - November 08, 2021
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{
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.0 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.0 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 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 Carbone made the motion, seconded by Mayor Pro-Tem
Hernandez, to adopt the First Reading of Ordinance No 2000M-220
AYES Orlando, Carbone, Hernandez, Perez, Owens
NAYS Kamkar
The motion carried
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.
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Mayor Cole read purpose of the Public Hearing
Planning Manager Martin Griggs gave an overview of the request.
Mayor Cole called for public comments for or against the request. There were
none
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.0 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.
Mayor Pro-Tern Hernandez made the motion, seconded by Councilmember
Carbone, to adopt the First Reading of Ordinance No 2000M-219
AYES. Orlando, Carbone, Kamkar, Hernandez, Perez, Owens.
NAYS None
The motion carried
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 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.
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Mayor Cole read purpose of the Public Hearing
Planning Manager Martin Griggs gave an-overview of the request.
Mayor Cole called for public comments for or against the request.
Stephanie Adair, 2006 Isla Dr , stated her concerns regarding additional vape
shops in the area
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.
Councilmember Kamkar made the motion, seconded by Councilmember
Carbone, to adopt Resolution R2021-CUP21-00031
AYES None.
NAYS Orlando, Carbone, Kamkar, Hernandez, Perez, Owens.
The motion failed
XIII. CONSENT AGENDA
A. Consideration and Possible Action - Approval of Minutes - City Council
Regular Meeting Minutes -October 25, 2021
B. Consideration and Possible Action - Excuse the absence of
Councilmember Adrian Hernandez from the City Council Regular Meeting
held on October 25, 2021
C 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,
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
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D 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.
E. 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
F 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
G 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.
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
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.
J 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.
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.
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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.
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
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.
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
P Consideration and Possible Action - Resolution No R2021-246 - A
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").
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).
Councilmember Perez made the motion, seconded by Councilmember Owens,
to adopt Consent Agenda A through Q.
AYES Orlando, Carbone, Kamkar, Hernandez, Perez, Owens.
NAYS None.
The motion carried
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
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the Cannon Workplace, LLC, in the amount of$927,000 00, for a three (3)
year contract to operate the Pearland Entrepreneurship Hub.
Councilmember Owens made the motion, seconded by Councilmember Perez,
to adopt Resolution No R2021-255
AYES Orlando, Carbone, Kamkar, Hernandez, Perez, Owens.
NAYS None
The motion carried Resolution No R2021-255 is adopted
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.
Councilmember Orlando made the motion, seconded by Councilmember Perez,
to adopt Resolution No R2021-250
Councilmember Perez made the motion, seconded by Councilmember Carbone,
to include language that would award the full contract amount and direct staff to
negotiate a scope reduction of approximately$4,000,000 00 within 30 days.
AYES Carbone, Perez.
NAYS Orlando, Kamkar, Hernandez, Owens
The motion failed
Mayor Cole called for the vote on the original motion
AYES Orlando, Kamkar, Hernandez, Perez, Owens.
NAYS Carbone
The motion carried Resolution No R2021-250 is adopted
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
Councilmember Carbone made the motion,seconded by Councilmember Perez,
to adopt Resolution No R2021-254
Councilmember Kamkar made the motion, seconded by Mayor Pro-Tern
Hernandez, to include language that would extend the life of projects funded
with Certificates of Obligations to 30 years
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AYES Orlando, Kamkar, Hernandez, Owens
NAYS Carbone, Perez.
The motion carried to amend Resolution No. R2021-254
Councilmember Perez made the motion, seconded by Councilmember Carbone,
to postpone this item to the next regular meeting on November 22, 2021
AYES Cole, Carbone, Perez, Owens
NAYS Orlando, Kamkar, Hernandez.
The motion carried
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.
Councilmember Perez made the motion, seconded by Councilmember Carbone,
to adopt Resolution No R2021-247
AYES Orlando, Carbone, Hernandez, Perez.
NAYS None
The motion carried Resolution No R2021-247 is adopted
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
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.0 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.
Councilmember Orlando made the motion, seconded by Councilmember Perez
to adopt Resolution No R2021-249
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AYES Orlando, Kamkar, Hernandez, Perez, Owens
NAYS None.
The motion carried Resolution No R2021-249
XV MATTERS REMOVED FROM CONSENT AGENDA
There were none.
XVI OTHER BUSINESS
There was none.
XVII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were none
XVIII. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 9.50 p.m
Council returned from Executive Session at 10.20 p.m
XIX. NEW BUSINESS CONTINUED
Consideration and Possible Action —Appointments for Boards and
Commissions
Councilmember Carbone made the motion, seconded by Mayor Pro-Tem Hernandez,
to appoint Gerald "Jerry" Koza to the Pearland Economic Development Corporation,
Position No 1
AYES Orlando, Carbone, Kamkar, Hernandez, Perez, Owens.
NAYS None
The motion
XX. ADJOURNMENT
Mayor Cole adjourned the meeting at 10.21 p m
Minutes approved as submitted and/or corrected this November 22, 2021
DocuSignedrze_ by:
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DocuSigned by: �,`,,,QEAR LqN�,,,
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Pearland City Council Regular Meeting Minutes - November 08, 2021