2022-01-24 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Regular Minutes January 24, 2022
MINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY OF PEARLAND, TEXAS,
HELD ON JANUARY 24, 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 6:36 p.m.
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
Councilmember Luke Orlando gave the Invocation and Mayor Pro-Tem Adrian
Hernandez 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-Tem Adrian Hernandez
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
Deputy City Secretary Leslie Crittenden
IV. CITIZEN COMMENTS
Jimmy Davis, 5004 Colmesneil St., stated his concerns regarding the 32/30 utility plan.
Heather Baker, 11608 Cross Spring Dr., spoke regarding the return of the Pear Run that
benefits the Pearland Police Department.
Dan Davis, 6818 Powell Lane, introduced himself as a candidate for Brazoria County
Commissioner, Precinct 2.
Connie Harry, 2504 S. Venice Dr., stated her concerns regarding the impact of the
proposed drainage utility fees to the Bella Vita community.
V. CONSENT AGENDA
A. Consideration and Possible Action - Approval of Minutes
City Council Regular Meeting Minutes - January 10, 2022
City Council Special Meeting CIP Minutes - January 10, 2022
B. Consideration and Possible Action - Excuse the absence of
Councilmember Adrian Hernandez from the City Council Regular Meeting
held on January 10, 2022.
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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.
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.
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.
Councilmember Orlando made the motion, seconded by Councilmember
Carbone, to approve Consent Agenda Items A through E.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
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.
Councilmember Carbone made the motion, seconded by Councilmember Perez,
to adopt Resolution No. R2022-14.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2022-14 is adopted
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.
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Mayor Pro-Tem Hernandez made the motion, seconded by Councilmember
Perez, to adopt Resolution No. R2022-19.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2022-19 is adopted.
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 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.
Mayor Cole called for citizen comments for or against the request.
Thomas Stephen, 11041 Shadow Creek Pkwy, stated his concerns regarding
the proposed liquor store location.
Applicant John McClure gave an overview of the project.
Owner Stan Haddock gave an overview of the request as a representative of the
ownership group, Fuddruckers/Luby's.
Councilmember Kamkar made the motion, seconded by Councilmember Little,
to approve Resolution No. R2021-CUP21-00034.
AYES: Orlando, Carbone, Little, Perez.
NAYS: Hernandez, Kamkar, Owens.
The motion carried. Resolution R2021-CUP21-00034 is adopted.
VII. PUBLIC HEARING NO. 1
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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.
Mayor Cole read the purpose of the Public Hearing.
Planning Manager Martin Griggs gave an overview of the request.
Mayor Cole called for citizen comments for or against the request. There were
none.
Mayor Cole closed the Public Hearing.
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
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
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Pearland City Council Regular Minutes January 24, 2022
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.
Councilmember Little made the motion, seconded by Councilmember Perez, to
adopt the First Reading of Ordinance No. 2000T-36.
Councilmember Orlando made the motion, seconded by Councilmember
Hernandez, to amend the First Reading of Ordinance No. 2000T-36 by
reinstating the sentence in Section 5.1.1.1 (590) regarding the five percent fee.
AYES: Orlando, Carbone, Kamkar, Hernandez, Little, Perez, Owens.
NAYS: None.
The motion carried.
Councilmember Perez made the motion, seconded by Councilmember Carbone,
to amend the First Reading of Ordinance No. 2000T-36 by continuing
Conditional Use Permit requirements for self-storage facilities.
AYES: Carbone, Kamkar, Little, Perez, Owens.
NAYS: Orlando, Hernandez.
The motion carried.
Mayor called for the vote on the original motion as amended.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
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.
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General Location: 3526 Broadway Street, Pearland, Texas.
Mayor Cole read the purpose of the Public Hearing.
Senior Planner Mohamed Bireima gave an overview of the request.
Mayor Cole called for citizen comments for or against the request.
Ralph King, 2805 S. Galveston, spoke in opposition of this request.
Mayor Cole closed the Public Hearing.
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,
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
postpone Resolution No. R2021-CUP21-00037 to the February 14, 2022 City
Council Regular Meeting.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
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.
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Councilmember Perez made the motion, seconded by Councilmember Little, to
adopt Resolution No. R2022-22.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2022-22 is adopted.
7. Consideration and Possible Action - Substitution to the Stormwater Utility
Fee Proposition to provide an Alternative Path for Stormwater Capital and
Operation Improvements.
Councilmember Orlando made the motion, seconded by Councilmember Perez,
to substitute the Stormwater Utility Fee Proposition to provide an Alternative
Path for Stormwater Capital and Operation Improvements.
.
Mayor Cole called for citizen comments.
Jimmy Davis, 5004 Colmesneil St., stated his concerns regarding the additional
fees in the drainage utility proposition.
Jim Johnson, 6117 Broadway St., stated his concerns regarding the solutions
for the drainage utility proposition.
Paul Eskine, 3516 E. Orange St., stated his concerns regarding the bonds and
enhanced fees for maintenance.
Councilmember Orlando made the motion, seconded by Councilmember Perez,
to amend the substitutions to the Stormwater Utility Fee Proposition, including
alternatives for possible projects using drainage bonds at $90M, $120M, and
$150M, to discuss at the February 14, 2022 City Council Regular meeting. along
with possible projects using.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
8. Consideration and Possible Action - Postponement of the Proposed
Stormwater Utility Fee Proposition.
Mayor Cole postponed this item to the February 14, 2022 Regular City Council
Meeting.
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.
Mayor Cole called for citizen comments.
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Jimmy Davis, 5004 Colmesneil St., stated his concerns regarding the 32/30 plan.
Ralph King, 2805 S. Galveston, stated his concerns regarding the 32/30 plan.
No action taken.
XII.MATTERS REMOVED FROM CONSENT AGENDA
There were none.
XIII.OTHER BUSINESS
There was none.
XIV.MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
10.Council Review and Discussion - A discussion on sales tax receipts for
the past several years.
No action taken.
XV.EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 11:03 p.m.
Council returned from Executive Session at 11:23 p.m.
XVI.NEW BUSINESS CONTINUED
11.Consideration and Possible Action - Regarding Pending and Potential
Litigation.
No action taken.
XVII.ADJOURNMENT
Mayor Cole adjourned the meeting at 11:23 p.m.
Minutes approved as submitted and/or corrected this 14th day of February 2022.
J.Kevin Cole
Mayor
ATTEST:
Crystal Roan, TRMC, CMC
City Secretary
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