2022-01-24 CITY COUNCIL REGULAR MEETING AGENDACITY COUNCIL REGULAR MEETING
AGENDA
MONDAY, JANUARY 24, 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. 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 Regular Meeting Minutes - January 10, 2022
City Council Special Meeting CIP Minutes - January 10, 2022
City Council Regular Meeting- Jan 10 2022 - Minutes
City Council Special Meeting CIP - Jan 10 2022 - Minutes
City Council Regular Meeting - Jan 24 2022
B.
Consideration and Possible Action - Excuse the absence of
Councilmember Adrian Hernandez from the City Council Regular Meeting
held on January 10, 2022
Excuse the absence of Hernandez from January 10, 2022 meeting AIR-22-026 - Pdf
C. Consideration and Possible Action - Resolution No. R2022-17 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing a
Local On -System Agreement ("LOSA") with the Texas Department of
Transportation ("TxDOT"), associated with intersection improvements at Dixie
Farm Road and FM 518.
LOSA - Intersection Improvements at Dixie Farm AIR-21-512 - Pdf
D. Consideration and Possible Action - Resolution No. R2022-18 - A
Resolution of the City Council of the City of Pearland, Texas, approving
continued participation in the Criminal Justice Division - General Victim
Assistance Direct Services Grant Program, grant application number 23623-
10, in the amount of $121,607.00.
VOCA Grant Application - Crime Victim Assistance Program AIR-22-012 - Pdf
E. Consideration and Possible Action - Resolution No. R2022-21 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
supply contract for Sanitary Sewer/Waterline on -call repair and maintenance
services with Texas Pride Utilities, LLC, in the estimated amount of
$100,000.00, for the period of February 1, 2022 through November 29, 2022.
Sanitary Sewer and Water On -Call Repairs & Extended Service Contract AIR-21-639 - Pdf
VI. NEW BUSINESS
1. Consideration and Possible Action - Resolution No. R2022-14 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a unit
price contract for water and wastewater treatment chemicals and analysis
services with Napco Chemical Company, in the estimated amount of
$548,850.00, for the period of January 26, 2022 through January 25, 2023.
Water and Wastewater Chemicals and Supply Analysis AIR-21-630 - Pdf
2. Consideration and Possible Action - Resolution No. R2022-19 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a bid
for the purchase of twenty-six (26) fleet vehicles from Silsbee Fleet Group,
through The Interlocal Purchasing System ("TIPS") Cooperative, in the
amount of $1,047,466.86.
FY2022 New and Replacement Vehicles AIR-21-657 - Pdf
3. 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
City Council Regular Meeting - Jan 24 2022
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-22-011 - Pdf
VII. PUBLIC HEARING NO. 1
Public Hearing: A request by the City of Pearland, applicant, for approval of
proposed amendments to the Unified Development Code, Ordinance No.
2000T, to include:
1. Amendments to Chapter 2, Section 2.5.2.1, the Residential Land Use
Matrix, and Chapter 2, Section 2.5.2.2, the Non -Residential Land Use
Matrix, to change or add new land uses to the table and the zoning
districts that would allow them by right (P) or by Conditional Use
Permit (C), including Alternative Financial Services, Cigars or
Tobacco Store (Retail Only), Vape, Smoke, or Head shops (Retail
Only), Cannabidiol (CBD) Retail, Mini-Warehouse/Self Storage,
Studio or Learning Center for Fine or Performing Arts, Dwelling —
Four -Family (Quadriplex), Auto Glass Repair/Tinting and Auto Interior
Shop/Upholstery.
2. Amendments to Chapter 2, Section 2.5.3.2, Regulations Specific to
Use, to add additional regulations specific to certain land uses,
including Alternative Financial Services, Cigars or Tobacco Store
(Retail Only), Vape, Smoke, or Head shops (Retail Only), Cannabidiol
(CBD) Retail, and Mini-Warehouse/Self Storage.
3. Amendments to Chapter 5, Section 5.1.1.1, General Definitions, to
redefine certain land uses or create definitions for new land uses in
the Land Use Matrices, including Alternative Financial Services,
Cigars or Tobacco Store (Retail Only), Vape, Smoke, or Head shops
(Retail Only), and Cannabidiol (CBD) Retail.
Public Hearing: Unified Development Code Amendments (2000T-36) AIR-22-015 - Pdf
VIII. NEW BUSINESS
4. Consideration and Possible Action - First Reading of Ordinance No.
2000T-36 - An Ordinance of the City Council of the City of Pearland, Texas,
for the purpose of amending to the Unified Development Code of the City of
Pearland, Texas, Ordinance No. 2000T, Amendments to Chapter 2, Section
City Council Regular Meeting - Jan 24 2022
2.5.2.1, the Residential Land Use Matrix, and Chapter 2, Section 2.5.2.2, the
Non -Residential Land Use Matrix, to change or add new land uses to the
table and the zoning districts that would allow them by right (P) or by
Conditional Use Permit (C), including Alternative Financial Services, Cigars
or Tobacco Store (Retail Only), Vape, Smoke, or Head shops (Retail Only),
Cannabidiol (CBD) Retail, Mini-Warehouse/Self Storage, Studio or Learning
Center for Fine or Performing Arts, Dwelling — Four -Family (Quadruplex),
Auto Glass Repair/Tinting and Auto Interior Shop/Upholstery. Amendments to
Chapter 2, Section 2.5.3.2, Regulations Specific to Use, to add additional
regulations specific to certain land uses, including Alternative Financial
Services, Cigars or Tobacco Store (Retail Only), Vape, Smoke, or Head
shops (Retail Only), Cannabidiol (CBD) Retail, and Mini-Warehouse/Self
Storage. Amendments to Chapter 5, Section 5.1.1.1, General Definitions, to
redefine certain land uses or create definitions for new land uses in the Land
Use Matrices, including Alternative Financial Services, Cigars or Tobacco
Store (Retail Only), Vape, Smoke, or Head shops (Retail Only), and
Cannabidiol (CBD) Retail; 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. 2000T-36 AIR-22-016 -
Pdf
IX. PUBLIC HEARING NO. 2
Public Hearing: A request by Lumin Mills, applicant, on behalf of KDTC
Investments LLC, 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 the existing building
on the subject property, on approximately 0.4784 acres of land, to wit:
Legal Description: Being Tracts I & II in Tract "C" of a Subdivision of Section
No. 1, A.C.H. & B.R.R. Co. Survey, Abstract No. 147 of Brazoria County,
Texas.
General Location: 3526 Broadway Street, Pearland, Texas.
Public Hearing: Conditional Use Permit Application — CUP 21-00037 AIR-22-007 - Pdf
X. NEW BUSINESS
5. Consideration and Possible Action - Resolution No. R2021-CUP21-
00037 - 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 a lease space within an existing building, on
approximately 0.4784 acres of land; being described as Tracts I & II in Tract
"C" of a Subdivision of Section No. 1, A.C.H. & B.R.R. Co. Survey, Abstract
No. 147 of Brazoria County, Texas (located at 3526 Broadway Street,
Pearland, Texas). Conditional Use Permit Application No CUP21-00037, for
Massage Establishment use within the General Business (GB) District, at the
request of Lumin Mills, applicant, on behalf of KDTC Investments LLC,
City Council Regular Meeting - Jan 24 2022
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-CUP21-00037 AIR-22-008 - Pdf
XI. NEW BUSINESS CONTINUED
6. Consideration and Possible Action - Resolution No. R2022-22 - A
Resolution of the City Council of the City of Pearland, Texas, providing that a
General Municipal Election be held on May 7, 2022, for the purpose of
electing three (3) Councilmembers, providing for joint elections on May 7,
2022, with other entities contracting with Brazoria County, Fort Bend County
and Harris County, respectively, for such joint elections, providing the form of
the ballot for such election, designating the polling places, directing and
giving notice of such election, providing for repeal; providing for severability;
and containing other provisions relating to the subject.
Order May 7, 2022 General Election AIR-22-020 - Pdf
7. Consideration and Possible Action - Substitution to the Stormwater Utility
Fee Proposition to provide an Alternative Path for Stormwater Capital and
Operation Improvements.
Stormwater Resources Alternative Path AIR-22-024 - Pdf
8. Consideration and Possible Action - Postponement of the Proposed
Stormwater Utility Fee Proposition.
Stormwater Utility Fee AIR-22-021 - Pdf
9. Council Input and Discussion -To provide an outline to a one-time catch-up
(1 Bill Alternative) to the 32/30 Plan, and a transitional plan to current billing.
1 Bill Alternative & Plan AIR-21-659 - Pdf
XII. MATTERS REMOVED FROM CONSENT AGENDA
XIII. OTHER BUSINESS
XIV. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
10. Council Review and Discussion - A discussion on sales tax receipts for the
past several years.
Review and Discussion on Sales Tax Receipts AIR-22-009 - Pdf
XV. 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:
Section 551.071 - Consultation with City Attorney - Regarding pending or potential
litigation.
City Council Regular Meeting - Jan 24 2022
XVI. NEW BUSINESS CONTINUED
10. Consideration and Possible Action - Regarding Pending and Potential
Litigation.
XVII. 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 Regular Meeting for
January 24, 2022 was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on January
20, 2022 by 7:00 p.m.
Crystal N. Roan, TRMC, CMC
City Secretary
City Council Regular Meeting - Jan 24 2022