2022-01-10 CITY COUNCIL REGULAR MEETING AGENDACITY COUNCIL REGULAR MEETING
AGENDA
MONDAY, JANUARY 10, 2022 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: A request by John McClure, McClure Partners, applicant, on
behalf of Luby's Fuddruckers Restaurants LLC, owner, for approval of a
Conditional Use Permit (CUP) for Liquor/Package Store use within the
Shadow Creek Market Place Planned Development (PD) District, to
accommodate a liquor store within the existing 12,663-square foot building
previously occupied by Luby's, on approximately 1.9709 acres of land, to wit:
Legal Description: Being a tract or parcel containing 1.9709 acres or 85,853
square feet of land, situated in the J. Crawley Survey, Abstract No. 174 and
L.F. Roberts & W.W. Duprey Survey, Abstract No. 726, Brazoria County,
Texas, being all of Lot C4, of the Partial Replat No. 1 of Shadow Creek
Market Place, according to the map or plat thereof recorded under File No.
City Council Regular Meeting- Jan 10 2022
2015006679 of the Brazoria County Plat Records, conveyed to Luby's
Fuddruckers Restaurants, LLC, as recorded under 2012002379, Brazoria
County Deed Records.
General Location: 11023 Shadow Creek Parkway, Pearland, Texas.
Public Hearing: Conditional Use Permit Application: CUP 21-00034 AIR-21-647 - Pdf
VI. NEW BUSINESS
1. Consideration and Possible Action - Resolution No. R2021-CUP21-
00034 - A Resolution of the City Council of the City of Pearland, Texas,
approving a Conditional Use Permit (CUP) for Liquor/Package Store use
within the Shadow Creek Market Place Planned Development (PD)
District, to accommodate a liquor store within an existing 12,663-square foot
building, on approximately 1.9709 acres of land; being described as a tract or
parcel containing 1.9709 acres or 85,853 square feet of land, situated in the
J. Crawley Survey, Abstract No. 174 and L.F. Roberts & W.W. Duprey
Survey, Abstract No. 726, Brazoria County, Texas, being all of Lot C4, of the
Partial Replat No. 1 of Shadow Creek Market Place, according to the map or
plat thereof recorded under File No. 2015006679 of the Brazoria County Plat
Records, conveyed to Luby's Fuddruckers Restaurants, LLC, as recorded
under 2012002379, Brazoria County Deed Records (located at 11023
Shadow Creek Parkway, Pearland, Texas). Conditional Use Permit
Application No CUP21-00034, for Liquor/Package Store use within the
Shadow Creek Market Place Planned Development (PD) District, at the
request of John McClure, McClure Partners, applicant, on behalf of Luby's
Fuddruckers Restaurants LLC, 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-CUP21-00034 AIR-21-648 - Pdf
VII. PUBLIC HEARING NO. 2
Public Hearing: A request by Alan Mueller, applicant, on behalf of Edgar
Properties LLC, owner, for approval of a Conditional Use Permit (CUP) for
Gasoline Station (With or Without Auto Wash —Self Service) use within the
General Commercial (GC) District, to accommodate a fueling station
associated with a proposed convenience store and retail shop, on
approximately 2.14 acres of land, to wit:
Legal Description: Being 2.1423 acres of land situated in the R.B. Lyle
Survey, Abstract No. 543, City of Pearland, Brazoria County, Texas, being a
portion of that certain called 13.3897 acres of land described in deed and
recorded in the Official Public Records of Real Property in Brazoria County,
Texas, under County Clerk's File No. 2021009685, also being a portion of
that certain Tract 56, Section 4 of W. Zychlinski Subdivision, a subdivision as
shown on map or plat recorded under Volume 29, Page 43 of the Deed
Records of Brazoria County, Texas.
City Council Regular Meeting- Jan 10 2022
General Location: Northwest Corner of Mykawa Road and the Future
Extension of McHard Road.
Public Hearing: Conditional Use Permit Application: CUP 21-00036 AIR-21-651 - Pdf
VIII. NEW BUSINESS
2. Consideration and Possible Action - Resolution No. R2021-CUP21-
00036 - A Resolution of the City Council of the City of Pearland, Texas,
approving a Conditional Use Permit (CUP) for Gasoline Station (With or
Without Auto Wash —Self Service) use within the General Commercial
(GC) District, to accommodate a fueling station associated with a proposed
convenience store and retail shop, on approximately 2.14 acres of land; being
described as 2.1423 acres of land situated in the R.B. Lyle Survey, Abstract
No. 543, City of Pearland, Brazoria County, Texas, being a portion of that
certain called 13.3897 acres of land described in deed and recorded in the
Official Public Records of Real Property in Brazoria County, Texas, under
County Clerk's File No. 2021009685, also being a portion of that certain Tract
56, Section 4 of W. Zychlinski Subdivision, a subdivision as shown on map or
plat recorded under Volume 29, Page 43 of the Deed Records of Brazoria
County, Texas (located at the Northwest Corner of Mykawa Road and the
Future Extension of McHard Road). Conditional Use Permit Application No
CUP21-00036, for Gasoline Station (With or Without Auto Wash —Self
Service) use within the General Commercial (GC) District, at the request of
Alan Mueller, applicant, on behalf of Edgar Properties LLC, 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-CUP21-00036 AIR-21-652 - Pdf
IX. PUBLIC HEARING NO. 3
Public Hearing: A request by Katy Harris, LJA Engineering, Inc, applicant,
on behalf of Melissa Burns & Jud's Food Stores, Inc., owners, for approval of
a zone change from the Heavy Industrial (M-2) District to Planned
Development (PD) District to accommodate a proposed planned residential
community on several tracts of land totaling approximately 110.127 acres, to
wit:
Legal Description: "39.578-Acres Tract": Being 39.578 acres of land
located in the F.B. Drake Survey, Abstract 507, Brazoria County, Texas,
being all of Lots 21B, 22B, 23 and a portion of Lot 24 of the L. W. Murdock
Subdivision as shown in Volume 29, Page 174 of the Deed Records of
Brazoria County, Texas. "70.549-Acres Tract": Being 70.549 acres of land
located in the H. Stevens Survey, Abstract No. 594, Brazoria County, Texas,
more particularly being the residue of that called 74.712 acres of land
conveyed to Jud's Food Stores by an instrument of record in Document No.
94-004500 of the Official Records of Brazoria County, Texas, said residue
described as 70.5489 acres in the Deed of Trust recorded in Document No
2011043841 of the Official Public Records of Brazoria County, Texas.
City Council Regular Meeting- Jan 10 2022
General Location: West of Main Street, east of BNSF railroad tracks, and
divided by Bailey Road.
Public Hearing: Zone Change Application: ZONE 21-00019 AIR-21-653 - Pdf
X. NEW BUSINESS
3. Consideration and Possible Action - First Reading of Ordinance No.
2000M-222 - 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 39.578 acres of land located in the F.B. Drake Survey, Abstract 507,
Brazoria County, Texas, being all of Lots 21 B, 22B, 23 and a portion of Lot 24
of the L. W. Murdock Subdivision as shown in Volume 29, Page 174 of the
Deed Records of Brazoria County, Texas; also being 70.549 acres of land
located in the H. Stevens Survey, Abstract No. 594, Brazoria County, Texas,
more particularly being the residue of that called 74.712 acres of land
conveyed to Jud's Food Stores by an instrument of record in Document No.
94-004500 of the Official Records of Brazoria County, Texas, said residue
described as 70.5489 acres in the Deed of Trust recorded in Document No
2011043841 of the Official Public Records of Brazoria County, Texas
(located west of Main Street (State Highway 35), east of BNSF railroad
tracks, and divided by Bailey Road). Zone Change Application No. ZONE
21-00019, a request by Katy Harris, LJA Engineering, Inc, applicant, on
behalf of Melissa Burns & Jud's Food Stores, Inc., owners, for approval of a
zone change from the Heavy Industrial (M-2) District to Planned
Development (PD) District, to accommodate a proposed planned residential
community on several tracts of land totaling approximately 110.127 acres;
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-222 AIR-21-654 -
Pdf
XI. PUBLIC HEARING NO. 4
Public Hearing: A request by Lonnie Turner, applicant and owner, for
approval of a Conditional Use Permit (CUP) for Massage Establishment use
within the General Business (GB) District, to accommodate a full body
massage establishment within a room of an existing beauty salon, 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.
Public Hearing: Conditional Use Permit Application: CUP 21-00035 AIR-21-649 - Pdf
City Council Regular Meeting- Jan 10 2022
XII. NEW BUSINESS
4. Consideration and Possible Action - Resolution No. R2021-CUP21-
00035 - A Resolution of the City Council of the City of Pearland, Texas,
approving a Conditional Use Permit (CUP) for Massage Establishment
use within the General Business (GB) District, to accommodate a full body
massage establishment within an existing beauty salon, on approximately
0.39 acres of land; being described as 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). Conditional Use Permit Application No CUP21-00035, for
Massage Establishment use within the General Business (GB) District, at the
request of Lonnie Turner, applicant and 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-CUP21-00035 AIR-21-650 - Pdf
XIII. CONSENT AGENDA
A.
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 Special Meeting Minutes - December 6, 2021
City Council Regular Meeting Minutes - December 6, 2021
City Council Special Meeting Minutes - December 13, 2021
City Council Regular Meeting Minutes - December 13, 2021
City Council Regular Meeting Minutes- Dec 06 2021
City Council Special Meeting Minutes - Dec 13 2021
City Council Special Meeting Minutes - Dec 06 2021
City Council Regular Meeting Minutes - Dec 13 2021
B. Consideration and Possible Action - Resolution No. R2022-6 - 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 Buyboard Purchasing System for the purchase
and installation of a videoboard for the Miracle Field at the Shadow Creek
Park Sports Complex, in the amount of $139,282.00, from Spectrum
Scoreboards.
Miracle Field Video Board AIR-21-165 - Pdf
C. Consideration and Possible Action - Resolution No. R2022-7 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing a
design contract with Kirksey Architecture, for design services associated with
City Council Regular Meeting- Jan 10 2022
the Water Operations Building Project, in the estimated amount of
$180,075.00.
Water Operations Building (Alice) Design Contract AIR-21-511 - Pdf
D. Consideration and Possible Action - Resolution No. R2022-8 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract associated with the construction and
installation of a generator at the Cowart's Creek Detention Pump Station, to
McDonald Electric, in the amount of $418,469.00.
Cowarts Creek Generator Construction Contract AIR-21-617 - Pdf
E. Consideration and Possible Action - Resolution No. R2022-10 - A
Resolution of the City Council of the City of Pearland, Texas, entering into a
contract with Katarzyna (Kasia) Kimmel, MD/ MPH for EMS Medical Director
services, in the estimated amount of $75,480.00, for the period of January 14,
2022 to January 13, 2023.
Medical Director Services Contract AIR-21-646 - Pdf
F. Consideration and Possible Action - Resolution No. R2022-11 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to participate in a cooperative pricing
arrangement with the Texas Department of Information Resources (DIR) for
the purchase of phone -related services from AT&T, in the estimated amount
of $144,000.00 for the fiscal year 2022.
Service renewal with AT&T AIR-21-641 - Pdf
G. Consideration and Possible Action - Resolution No. R2022-13 - 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 VMware software support and subscription from
SHI Government Solutions, in the amount of $144,934.40 annually for three
(3) years beginning January 28, 2022 and ending January 27, 2025.
VMWare software renewal AIR-21-640 - Pdf
H. Consideration and Possible Action - Resolution No. R2022-15 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
contract for Video Camera Hardware/Software Maintenance services from
WatchGuard, in the estimated additional amount of $32,008.08 (total amount
of $57,448.08) to support in -car and body worn video cameras.
Software/Hardware renewal w/Watchguard AIR-21-643 - Pdf
Consideration and Possible Action - Resolution No. R2022-2 -A
Resolution of the City Council of the City of Pearland, Texas, awarding a
supply contract for lift station cleaning services to Wastewater Transport
Services, in the estimated amount of $400,000.00, for the period of January
17, 2022 through January 16, 2023.
Wastewater Transport Services AIR-21-543 - Pdf
City Council Regular Meeting- Jan 10 2022
XIV. NEW BUSINESS CONTINUED
5. Consideration and Possible Action - Resolution No. R2022-3 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract for the Willowcrest Subdivision Paving,
Drainage and Sanitary Improvement Project, to Tandem Services, LLC, in the
amount of $12,159,919.20.
Willowcrest Drainage Construction Contract AIR-21-619 - Pdf
6. Consideration and Possible Action - Resolution No. R2022-5 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing a
construction materials testing contract with Raba Kistner, Inc., in the
estimated amount of $179,890.00, for the Willowcrest Subdivision Paving,
Drainage and Sanitary Sewer Project.
Willowcrest Drainage CMT Contract AIR-21-620 - Pdf
7. Consideration and Possible Action - Resolution No. R2022-4 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract for Shadow Creek Sidewalk Extension and
Shadow Creek Trail (Phase II) Project, to TB Construction, Inc., in the
amount of $599,443.86.
Shadow Creek Ranch Sidewalk Extension & Shadow Creek Ranch Trail Phase II Construction
Contract AIR-21-618 - Pdf
8. Consideration and Possible Action - Resolution No. R2022-1 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
supply contract for dewatered bio-solids disposal services to Sprint Waste of
Texas, LP in the estimated amount of $620,000.00, for the period of January
17, 2022 through January 16, 2023.
Dewatered Bio-Solids Disposal AIR-21-607 - Pdf
9. Consideration and Possible Action - Resolution No. R2022-9 - A
Resolution of the City Council of the City of Pearland, Texas, amending Task
No. 5 (Task 5A) with Ardurra Group LLC, in the estimated amount of
$975,460.00, for Owner's Representative construction phase services
associated with the Surface Water Plant Project.
Surface Water Plant Owner's Rep Contract Amendment AIR-21-508 - Pdf
10. Consideration and Possible Action - Resolution No. R2022-12 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to participate in cooperative pricing
arrangements with participating cooperatives (Texas Department of
Information Resources for the purchase of Information Technology equipment
and hardware from Sequel Data Systems, in the estimated amount of
$1,130,811.77.
Software/Hardware Expenditures w/Sequel Data Systems AIR-21-642 - Pdf
11. Council Input & Discussion - Potential exemptions to the proposed
Drainage Utility Ordinance and potential impacts to the proposed fee
City Council Regular Meeting- Jan 10 2022
structure.
Council Input & Discussion - Potential Drainage Fee Exemptions AIR-22-005 - Pdf
12. Consideration and Possible Action - Resolution No. R2021-121.2 - A
Resolution of the City Council of the City of Pearland, Texas, amending the
proposed election measure, for submission to the voters at the May 7, 2022
election, seeking authorization to establish a Municipal Drainage Utility
System pursuant to Texas Local Government Code Chapter 552 ("Code").
Drainage Utility Ballot Language AIR-22-006 - 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
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:
Executive Session 551.074 - Personnel Matters - Regarding appointments to the
Boards and Commissions.
XIX. NEW BUSINESS CONTINUED
13. Consideration and Possible Action - Regarding appointments to 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 January 10,
2022 was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on January 6, 2022 by
6:00 p.m.
Crystal N. Roan, TRMC, CMC
City Council Regular Meeting- Jan 10 2022