2022-01-10 CITY COUNCIL REGULAR MEETING MINUTESDocuSign Envelope ID: 92DC8EAF-DD7A-41 CA-9152-18E3E94D6D7D
MINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY OF PEARLAND, TEXAS,
HELD ON JANUARY 10, 2022 AT 6:30 PM, IN PEARLAND CITY HALL COUNCIL
CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
I. CALL TO ORDER
Mayor J. Kevin Cole called the meeting to order at 6:33 p.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 Luke Orlando
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
Councilmember Luke Orlando
Councilmember Tony Carbone
Councilmember Alex Kamkar
Councilmember J. David Little
Councilmember Trent Perez
Councilmember Woody Owens
City Manager Clay Pearson
City Attorney Darrin Coker
City Secretary Crystal Roan
Mayor Pro-Tem Adrian Hernandez was absent.
IV. CITIZEN COMMENTS
Charles McMurray, 5209 Spring Branch Drive, stated his concerns regarding the recent
tax cuts and the drainage utility fees.
Jimmy Davis, 5004 Colmesneil Street, stated his concerns regarding the base rate
charges on his recent water bill.
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
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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.
General Location: 11023 Shadow Creek Parkway, Pearland, Texas.
Planning Manager Martin Griggs read the purpose of the Public Hearing and
gave an overview of the request.
Mayor Cole called for public comments for or against the request. There were
none.
Mayor Cole closed the Public Hearing.
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.
Councilmember Orlando made the motion, seconded by Councilmember Perez,
to adopt Resolution R2021-CUP21-00034.
Councilmember Perez made the motion, seconded by Councilmember Owens,
to postpone Resolution No. R2021-CUP21-00034.
AYES: Perez, Owens, Orlando, Carbone, Kamkar, and Little.
NAYS: None.
The motion carried. Resolution No. R2021-CUP21-00034 is postponed.
Pearland City Council Regular Minutes January 10, 2022
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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.
General Location: Northwest Corner of Mykawa Road and the Future
Extension of McHard Road.
Planning Manager Martin Griggs read the purpose of the Public Hearing and
gave an overview of the request.
Applicant Alan Mueller gave an overview of the request.
Mayor Cole called for public comments for or against the request. There were
none.
Mayor Cole closed the Public Hearing.
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
Pearland City Council Regular Minutes January 10, 2022
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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.
Councilmember Perez made the motion, seconded by Councilmember Little, to
adopt the amended Resolution No. R2021-CUP21-00036.
AYES: Little, Perez, Orlando, Carbone, Kamkar, and Owens.
NAYS: None.
The motion carried. Resolution No. R2021-CUP21-00036 is adopted as
amended.
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 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. "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.
General Location: West of Main Street, east of BNSF railroad tracks, and
divided by Bailey Road.
Planning Manager Martin Griggs read the purpose of the Public Hearing and
gave an overview of the request.
Applicant Katy Harris gave a presentation of the request.
Mayor Cole called for public comments for or against the request.
Jay Alexander, 1501 FM 389, spoke in favor of the request.
Ernie Loeb, 6744 Horton Vista Drive, spoke in favor the request.
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Paul Groman, 1925 Pearland Parkway, spoke in favor of the request.
Jim Johnson, 6117 Broadway, spoke against the request.
Russ Wilkins, 3401 S. Main Street, spoke against the request.
Mayor Cole closed the Public Hearing.
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.
Councilmember Kamkar made the motion, seconded by Councilmember
Perez, to adopt the First Reading of Ordinance No. 2000M-222.
AYES: Cole, Little, Perez, and Owens.
NAYS: Orlando, Carbone, and Kamkar.
The motion carried.
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
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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.
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.
Councilmember Little made the motion, seconded by Councilmember Perez, to
adopt Resolution No. R2021-CUP21-00035.
AYES: Orlando, Carbone, Kamkar, Little, Perez, and Owens.
NAYS: None.
The motion carried. Resolution No. R2021-CUP21-00035 is adopted.
XIII. CONSENT AGENDA
A. 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
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.
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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 the
Water Operations Building Project, in the estimated amount of
$180,075.00.
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.
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.
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.
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.
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.
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.
Councilmember Perez made the motion, seconded by Councilmember Little, to
adopt Consent Agenda Items A. through I.
AYES: Carbone, Kamkar, Little, Perez, and Owens.
NAYS: None.
The motion carried.
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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.
Councilmember Owens made the motion, seconded by Councilmember Perez,
to adopt Resolution No. R2022-3.
AYES: Orlando, Carbone, Kamkar, Little, Perez, and Owens.
NAYS: None.
The motion carried. Resolution No. R2022-3 is adopted.
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.
Councilmember Orlando made the motion, seconded by Councilmember
Carbone, to adopt Resolution No. R2022-5.
AYES: Orlando, Carbone, Kamkar, Little, and Perez.
NAYS: None.
The motion carried. Resolution R2022-5 is adopted.
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.
Councilmember Carbone made the motion, seconded by Councilmember
Perez, to adopt Resolution No. R2022-4.
AYES: Orlando, Carbone, Kamkar, Little, Perez, and Owens.
NAYS: None.
The motion carried. Resolution No. R2022-4 is adopted.
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.
Councilmember Kamkar made the motion, seconded by Councilmember
Perez, to adopt Resolution No. R2022-1.
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AYES: Orlando, Carbone, Kamkar, Little, Perez, and Owens.
NAYS: None.
The motion carried. Resolution No. R2022-1 is adopted.
Mayor Cole called for a recess of the meeting.
Mayor Cole called the meeting back to order at 8:42 p.m.
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.
Councilmember Little made the motion, seconded by Councilmember Perez, to
adopt Resolution No. R2022-9.
AYES: Orlando, Carbone, Kamkar, Little, Perez, and Owens.
NAYS: None.
The motion carried. Resolution No. R2022-9 is adopted.
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.
Councilmember Perez made the motion, seconded by Councilmember Little, to
adopt Resolution No. R2022-12.
AYES: Orlando, Carbone, Kamkar, Little, Perez, and Owens.
NAYS: None.
The motion carried. Resolution No. R2022-12 is adopted.
11. Council Input & Discussion - Potential exemptions to the proposed
Drainage Utility Ordinance and potential impacts to the proposed fee
structure.
Elijah Mayo, 1850 Broadway Street, stated his concerns regarding the proposed
Drainage Utility Ordinance fees.
Jim Johnson, 6117 Broadway Street, stated his concerns regarding the
proposed Drainage Utility Ordinance fees.
Freddie Warner, 2312 Peckham Street, stated his concerns regarding the
proposed Drainage Utility Ordinance fees.
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Daniel Combs, 301 E. House Street, stated his concerns regarding the proposed
Drainage Utility Ordinance fees.
Russell Wilkins, 3401 S. Main Street, stated his concerns regarding the
proposed Drainage Utility Ordinance fees.
No action taken.
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").
Councilmember Carbone made the motion, seconded by Councilmember
Owens, to adopt Resolution No. R2021-121.2.
AYES: Cole, Orlando, Kamkar, and Perez.
NAYS: Carbone, Little, and Owens.
The motion carried. Resolution No. R2021-121.2 is adopted.
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 10:41 p.m.
Council returned from Executive Session at 10:49 p.m.
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.
Councilmember Carbone made the motion, seconded by Councilmember
Perez, to appoint Randeep Nambier to the Pearland Economic Development
Corporation, Position 5.
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AYES: Orlando, Carbone, Kamkar, Little, Perez, and Owens.
NAYS: None.
The motion carried.
XX. ADJOURNMENT
Mayor Cole adjourned the meeting at 10:50 p.m.
Minutes approved as submitted and/or corrected this 24th ciao of January 2022.
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J. Kevin Cole
Mayor
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Crystal Roan, TRMC, CMC
City Secretary
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Pearland City Council Regular Minutes January 10, 2022