2021-12-06 CITY COUNCIL REGULAR MEETING MINUTESPearland City Council Regular Meeting Minutes - December 06, 2021
MINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY OF PEARLAND, TEXAS,
HELD ON DECEMBER 6, 2021 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 6:39 p.m.
II.INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
Mayor J. Kevin Cole 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
Jim Johnson, 6117 Broadway Street, stated his concerns regarding the Municipal
Drainage Utility System election ballot proposition.
Gail Bourgeois, 3506 E. Circle, stated her concerns and presented photos regarding
flooding around her property.
William Greer, 3403 E. Circle, stated his concerns and presented photos regarding
flooding on his property.
Simon Beck, 3408 E. Circle Drive, stated his concerns and presented photos regarding
flooding around his property.
Maynor Paz, 3418 E. Circle Drive, stated his concerns and presented photos regarding
flooding on his property during heavy rain.
Ivan Zuniga, 3409 E. Circle Drive, stated his concerns and presented photos regarding
flooding on his property.
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Pearland City Council Regular Meeting Minutes - December 06, 2021
Kenneth Bourgeois, 3415 E. Circle Drive, stated his concerns and presented photos
regarding flooding on his property.
Kenny Urban, 3417 E. Circle Drive, stated his concerns and presented photos regarding
flooding on his property.
Diego Lopez, 621 Shadowcliff, stated his concerns regarding the appeal process for the
recent discipline of an employee.
V. PUBLIC HEARING NO. 1
Purpose of Public Hearing- Receive public testimony regarding the
detachment of a 6.32-acre tract, located within the boundaries of Brazoria
County Municipal Utility District No. 22, from the City's incorporated limits.
Mayor Cole read the purpose of the Public Hearing.
City Attorney Darrin Coker 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 – First Reading of Ordinance No. 1609
- An Ordinance of the City Council of the City of Pearland, Texas,
discontinuing and disannexing certain territory from the city and adjusting
the city's boundaries accordingly; contain-ing a savings clause, a
severability clause and a repealer clause; and providing for an effective
date.
Councilmember Orlando made the motion, seconded by Councilmember Perez,
to approve the First Reading of Ordinance No.1609.
AYES: Orlando, Carbone, Kamkar, Hernandez, Perez, Owens.
NAYS: None.
The motion carried.
2. Consideration and Possible Action - Resolution No. R2021-273 - 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
Brazoria County Municipal Utility District No. 22 (“District”) associated
with the adjustment of municipal boundaries between the City and the
District.
Councilmember Carbone made the motion, seconded by Councilmember Perez,
to adopt Resolution No. R2021-273.
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Pearland City Council Regular Meeting Minutes - December 06, 2021
AYES: Orlando, Carbone, Kamkar, Hernandez, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-273 is adopted.
VII. PUBLIC HEARING NO. 2
Purpose of Public Hearing - Receive public testimony regarding the
abandonment of right-of-way, generally located west of SH 35 and south
of Industrial Drive.
Mayor Cole read the purpose of the Public Hearing.
City Attorney Darrin Coker gave an overview of the request.
Mayor Cole called for public comments for or against the request.
Applicant Kenneth Phillips gave an overview of the request.
Mayor Cole closed the Public Hearing.
VIII. NEW BUSINESS
3. Consideration and Possible Action – First and Only Reading of Ordinance
No. 1610 - An Ordinance of the City Council of the City of Pearland, Texas,
abandoning a certain 0.9298-acre (40,503 square feet)road right-of-way
recorded in the plat records of Brazoria County, Texas, within the
corporate city limits of Pearland, Texas; having a savings clause, a
severability clause, declaring an emergency; and providing for an effective
date.
Councilmember Hernandez made the motion, seconded by Councilmember
Perez, to adopt the First and Only Reading of Ordinance No. 1610.
AYES: Orlando, Carbone, Kamkar, Hernandez, Perez, Owens.
NAYS: None.
The motion carried. Ordinance No. 1610 is adopted.
4. Consideration and Possible Action - Resolution No. R2021-274 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into a Deed of Exchange
Agreement with Jud’s Food Stores, Inc. for the relocation of right-of-way
in the vicinity of Industrial Drive.
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Pearland City Council Regular Meeting Minutes - December 06, 2021
Councilmember Kamkar made the motion, seconded by Councilmember
Carbone, to adopt Resolution No. R2021-274.
AYES: Orlando, Carbone, Kamkar, Hernandez, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2021-274 is adopted.
IX. PUBLIC HEARING NO. 3
Public Hearing: A request by Monica Fontenot-Poindexter, Chesterfield
Development Services, applicant, on behalf of Freeman T. & Ollie A. Wyche
II, owner, for approval of a zone change from the General Business (GB)
District to the Single-family Residential-1 (R-1) District, on approximately
5.9136 acres of land; to wit:
Legal Description: A 5.9136-acre tract of land out a called 9.29-acre tract
of land out of the south one-half of Lot 30 of the Allison Richey Gulf Coast
Home Company Subdivision of Section 21, H.T. & B.R.R. Co. Survey,
Abstract 309, Brazoria County, Texas.
General Location: 8335 Fite Road, Pearland, TX.
Mayor Cole read the purpose of the Public Hearing.
Senior Planner Mohamed Bireima gave an overview of the request.
Applicant Monica Fontenot-Poindexter gave an overview of the project.
Mayor called for public comments for or against the request. There were none.
Mayor closed the Public Hearing.
X. NEW BUSINESS
5. Consideration and Possible Action - First Reading of Ordinance No.
2000M-221 - 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 a 5.9136-acre tract of land out a called 9.29-acre tract of
land out of the south one-half of Lot 30 of the Allison Richey Gulf Coast
Home Company Subdivision of Section 21, H.T. & B.R.R. Co. Survey,
Abstract 309, Brazoria County, Texas (located at 8335 Fite Road, Pearland,
TX). Zone Change Application No. ZONE 21-00020, a request by Monica
Fontenot-Poindexter, Chesterfield Development Services, applicant, on
behalf of Freeman T. & Ollie A. Wyche II, owner, for approval of a zone
change from the General Business (GB) District to the Single-family
Residential-1 (R-1) District, on approximately 5.9136 acres of land;
providing for an amendment of the zoning district map; containing a
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Pearland City Council Regular Meeting Minutes - December 06, 2021
savings clause, a severability clause, and an effective date and other
provisions related to the subject.
Councilmember Perez made the motion, seconded by Mayor Pro Tem
Hernandez, to adopt the First Reading of Ordinance No. 2000M-221.
AYES: Orlando, Carbone, Hernandez, Perez, Owens.
NAYS: Kamkar.
The motion carried.
XI. PUBLIC HEARING NO. 4
Public Hearing: A request by Sandra Pinales-Williams, applicant, on behalf
of Retail Oak Forest I, LLC, owner, for approval of a Conditional Use Permit
(CUP) for Liquor/Package Store use within the General Commercial (GC)
District, to accommodate a liquor store within an existing multi -tenant
retail center, on approximately 1.640 acres of land, to wit:
Legal Description: Being a 1.640-acre tract in the H.T. & B.R.R. Co. Survey,
Abstract No. 1, Brazoria County, Texas, said 1.640-acre tract is in a called
2.9340-acre tract described in a deed to Wagon Trail Enterprises Limited
Partnership as recorded in Clerk’s File No. 2005023402 in the Deed
Records of Brazoria County, Texas.
General Location: 5730 Broadway Street, Suite 112, Pearland, Texas.
Mayor Cole read the purpose of the Public Hearing.
Senior Planner Mohamed Bireima gave an overview of the request.
Applicant Sandra Pinales-Williams gave an overview of the project.
Mayor Cole called for public comments for or against the request.
Wayne Stahlheber, 5706 Broadway, spoke in opposition of the project. He stated
his concerns regarding the location of this project.
Mayor Cole closed the Public Hearing.
XII. NEW BUSINESS
6. Consideration and Possible Action - Resolution No. R2021-CUP21-00033 -
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
General Commercial (GC) District, to accommodate a liquor store within
an existing multi-tenant retail center, on approximately 1.640 acres of land;
being described as a 1.640-acre tract in the H.T. & B.R.R. Co. Survey,
Abstract No. 1, Brazoria County, Texas, said 1.640-acre tract is in a called
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Pearland City Council Regular Meeting Minutes - December 06, 2021
2.9340-acre tract described in a deed to Wagon Trail Enterprises Limited
Partnership as recorded in Clerk’s File No. 2005023402 in the Deed
Records of Brazoria County, Texas (located at 5730 Broadway Street, Suite
112, Pearland, Texas). Conditional Use Permit Application No CUP21-
00033, for Liquor/Package Store use within the General Commercial (GC)
District, at the request of Sandra Pinales-Williams, applicant, on behalf of
Retail Oak Forest I, 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
Owens, to postpone this item to the December 13, 2021, City Council Regular
Meeting.
AYES: Orlando, Carbone, Hernandez, Perez, Owens.
NAYS: Kamkar.
The motion carried.
XIII. CONSENT AGENDA
A. Consideration and Possible Action - Excuse the absence of
Councilmember Trent Perez from the City Council Regular Meeting held
on November 22, 2021.
B. Consideration and Possible Action - Resolution No. R2021-267 - 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
Brazoria County for the operation and maintenance of traffic signals.
C. Consideration and Possible Action - Resolution No. R2021-275 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to authorize a purchase agreement with
NAFECO for replacement fire bunker gear using the Buyboard Cooperative
Agreement in, an amount not to exceed $59,040.00.
D. Consideration and Possible Action - Resolution No. R2021-276 - 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 of one (1) Chevrolet Tahoe vehicle, in the amount of $59,623.00,
from Caldwell Country.
Councilmember Orlando made the motion, seconded by Councilmember
Carbone, to adopt Consent Agenda Items A through D with the exception of
Consent Agenda Items B and D.
AYES: Orlando, Carbone, Kamkar, Hernandez, Perez, Owens.
NAYS: None.
The motion carried.
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Pearland City Council Regular Meeting Minutes - December 06, 2021
XIV. NEW BUSINESS
7. Consideration and Possible Action - Resolution No. R2021-121.1 - A
Resolution of the City Council of the City of Pearland, Texas, modifying
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 Perez
to adopt Resolution No. R2021-121.1.
Councilmember Kamkar made the motion, seconded by Councilmember
Carbone, to amend Resolution No. R2021-121.1 to change the language stating,
“said drainage utility charge shall not be subject to amendment more often than
once every 5 years, except that any proposed increase shall not exceed the
combined increases of the Consumer Price Index (CPI) for the Houston-
Galveston-Brazoria metropolitan area for the previous 5-year period.”
AYES: Orlando, Carbone, Kamkar, Hernandez, Perez, Owens.
NAYS: None.
The motion carried.
Councilmember Kamkar made the motion, seconded by Councilmember
Carbone, to amend Resolution No. R2021-121.1 to include language stating,
“85 percent all drainage utility charges shall be designated for capital
drainage projects”.
AYES: Orlando, Carbone, Kamkar, Hernandez, Owens.
NAYS: Perez.
The motion carried.
Councilmember Carbone made the motion, seconded by Councilmember
Kamkar, to amend Resolution No. R2021-121.1 to include language stating,
“The requirement that any proposed amendment to modify the referenced
conditions shall be subject to voter approval.”
AYES: Orlando, Carbone, Kamkar, Hernandez, Owens.
NAYS: Perez.
The motion carried.
Mayor Cole called for the vote on the original motion as amended.
AYES: Orlando, Carbone, Kamkar, Hernandez, Perez, Owens.
NAYS: None.
The motion carried. Resolution R2021-121.1 is adopted as amended.
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Pearland City Council Regular Meeting Minutes - December 06, 2021
8. Consideration and Possible Action - Resolution No. R2021-252 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a contract for Project Management System with Aurigo Software
Technologies, Inc. for Planning, Engineering, and Construction of Capital
Projects, in the estimated amount of $349,000.00.
Councilmember Carbone made the motion, seconded by Councilmember Perez,
to adopt Resolution No. R2021-252.
AYES: Orlando, Carbone, Hernandez, Perez.
NAYS: Kamkar, Owens.
The motion carried. Resolution R2021-252 is adopted.
9. Consideration and Possible Action – First Reading of Ordinance No. 1605-
2 - An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 1605-1, 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.
Councilmember Hernandez made the motion, seconded by Councilmember
Perez, to adopt the First Reading of Ordinance No. 1605-2.
AYES: Orlando, Carbone, Hernandez, Perez, Owens.
NAYS: Kamkar.
The motion carried.
10. Consideration and Possible Action - Resolution No. R2021-243 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
an Advanced Funding Agreement with the State of Texas, for a fixed price
joint participation agreement associated with the costs of acquiring right -
of-way and relocating or adjusting utilities for the FM 518 Broadway
Expansion Project (SH 288 to Cullen Parkway) and authorizing the City
Manager or his designee to enter into a Reimbursement Agreement
between the City and the Pearland Economic Development Corporation
associated with the FM 518 Broadway Expansion Project.
Mayor postponed this item to the December 13, 2021, City Council Meeting.
XV. MATTERS REMOVED FROM CONSENT AGENDA
B. Consideration and Possible Action - Resolution No. R2021-267 - 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
Brazoria County for the operation and maintenance of traffic signals.
Councilmember Kamkar made the motion, seconded by Councilmember Perez,
to adopt Resolution No. R2021-267.
AYES: Carbone, Kamkar, Hernandez, Perez, Owens.
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Pearland City Council Regular Meeting Minutes - December 06, 2021
NAYS: None.
The motion carried. Resolution R2021-267 is adopted.
D.Consideration and Possible Action - Resolution No. R2021-276 - 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 of one (1) Chevrolet Tahoe vehicle, in the amount of $59,623.00,
from Caldwell Country.
Councilmember Perez made the motion, seconded by Councilmember Carbone,
to adopt Resolution No. R2021-276.
AYES: Carbone, Kamkar, Hernandez, Perez, Owens.
NAYS: None.
The motion carried. Resolution R2021-276 is adopted.
XVI.OTHER BUSINESS
None.
XVII.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
Councilmember Carbone and Councilmember Kamkar requested to add an Executive
Session item to the next City Council Regular Meeting to discuss a personnel matter.
XVIII.ADJOURNMENT
Mayor Cole adjourned the meeting at 11:00 p.m.
Minutes approved as submitted and/or corrected this 10th day of January 2022.
J. Kevin Cole
Mayor
ATTEST:
Crystal Roan, TRMC, CMC
City Secretary
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