2022-02-14 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Minutes February 14, 2022
MINUTES OF A CITY COUNCIL MEETING OF THE CITY OF PEARLAND, TEXAS,
HELD ON FEBRUARY 14, 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 6:31p.m.
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
Mayor Pro- Tem Adrian Hernandez gave the Invocation and Councilmember Alex
Kamkar 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
City Secretary Crystal Roan
IV. CITIZEN COMMENTS
Ted Kalivoda, 11506 Starlight Bay Court, spoke in regards to Shadow Creek
Sports and Pearland Soccer.
Claudia Ramming, 3239 Lee Circle, spoke in regards to Pearland Animal Control.
Joseph Koza, 2403 Green Tee Drive, spoke in regards to his place on the ballot in the
May 7, 2022 Election for City Council Position 1.
V. NEW BUSINESS
1. Presentation by Kimley-Horn and Associates, Inc. on the Pearland2040
Comprehensive Plan Future Land Use exercise, an online engagement
tool.
Josie 11701 Katy Fwy, gave a brief update and presentation of the
Comprehensive Plan.
Planning Manager Martin Griggs gave a brief introduction of the Pearland 2040
Comprehensive Plan.
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No action taken.
VI. PUBLIC HEARING NO. 1
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.
Mayor Cole opened the Public Hearing.
Planning Manager Martin Griggs provided an overview of the request.
Applicant Lumin Mills was present to answer questions.
Mayor Cole called for citizen comments for or against the request. There were
none.
Mayor Cole closed the Public Hearing.
VII. NEW BUSINESS
2. 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 Orlando made the motion, seconded by Councilmember
Carbone, to approve Resolution No. R2021-CUP21-00037
AYES: None.
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NAYS: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, and Owens.
The motion failed.
VIII. CONSENT AGENDA
A. Consideration and Possible Action - Approval of Minutes
City Council and Planning & Zoning Minutes - January 24, 2022
City Council Regular Meeting Minutes - January 24, 2022
B. Consideration and Possible Action - Resolution No. R2022-20 - A
Resolution of the City Council of the City of Pearland, Texas awarding a
supply contract for the supply of traffic signs and related materials to
Dobie Supply, LLC., in the estimated amount of $128,874.60, for the period
of February 15, 2022 thorough February 14, 2023.
C. Consideration and Possible Action - Resolution No. R2022-23 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
participation in certain litigation to recover non-payment of franchise fees
required in the Texas Video Service Providers Act and authorizing a legal
Service Contingency Fee contract.
D. Consideration and Possible Action - Resolution No. R2022-24 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract for the Westwood Village Water Quality
Project, to McKinney Construction, Inc., in the amount of $384,655.00.
E. Consideration and Possible Action - Resolution No. R2022-25 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
supply contract for large water meters and related parts with Park
Environmental Equipment USA, in the estimated amount of $120,000.00,
for the period of February 15, 2022 through February 14, 2023.
F. Consideration and Possible Action - Resolution No. R2022-26 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit supply contract for fittings, couplings and valves to Ferguson
Waterworks, Inc., in the estimated amount of $78,000.00, for the period of
February 15, 2022 through February 14, 2023.
G. Consideration and Possible Action - Resolution No. R2022-27 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
unit supply contract for fittings, couplings and valves to Core and Main
LP, in the estimated amount of $118,000.00, for the period of February 15,
2022 through February 14, 2023.
H. Consideration and Possible Action - Resolution No. R2022-29 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
supply contract for mechanical services (maintenance and repairs)
associated with Public Works facilities, with STP Services, in the estimated
amount of $380,000.00, for the period of February 19, 2022 to February 18,
2023.
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I. Consideration and Possible Action - Resolution No. R2022-30 - A
Resolution of the City Council of the City of Pearland, Texas, accepting the
City’s Investment Report for the quarter ending December 2021.
J. Consideration and Possible Action - Resolution No. R2022-34 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract for the Recreation Center & Natatorium
HVAC-Carrier A/C Chiller Replacements Project, to Way Engineering, LTD.,
in the amount of $261,850.00.
K. Consideration and Possible Action - Resolution No. R2022-35 - A
Resolution of the City Council of the City of Pearland, Texas, amending a
supply contract, for the purchase of fire medical supplies and equipment
through the SAVVICK Buying Group Cooperative, with Stryker in the
additional amount of $71,752.60 (total contract amount of $85,419.10).
L. Consideration and Possible Action - Resolution No. R2022-36 - A
Resolution of the City Council of the City of Pearland, Texas, ratifying the
emergency purchase of one (1) crane truck, through the Buyboard
purchasing cooperative, from Chastang Ford in the amount of $173,957.00.
Councilmember Carbone made the motion, seconded by Councilmember
Perez, to adopt Consent Agenda Items A through L
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, and Owens.
NAYS: None.
The motion carried.
IX. NEW BUSINESS CONTINUED
3. Council Discussion - A discussion regarding a potential Drainage Bond
program including funding additional operating costs from the General
Fund, size of the Drainage Bond ($90M, $120M, $150M) and the associated
ad valorem tax implications, a list of potential bond projects, and a budget
amendment to fund Preliminary Engineering Reports (PERs) for the
potential projects.
No action taken.
4. Consideration and Possible Action - Resolution No. R2022-37 - A
Resolution of the City Council of the City of Pearland, Texas, appointing a
Citizens Drainage Bond Program Advisory Committee and adopting a
Committee Charge regarding Drainage Bond Program recommendations.
Mayor Pro-Tem Hernandez made the motion, seconded by Councilmember
Perez, to adopt Resolution No. R2022-37 as amended
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, and Owens.
NAYS: None.
The motion carried. Resolution No. R2022-37 is adopted as amended..
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5. Consideration and Possible Action – First Reading of Ordinance No. 1605-
3 - An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 1605-2, 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 Kamkar made the motion, seconded by Councilmember
Perez, to adopt First Reading of Ordinance No. 1605-3
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, and Owens.
NAYS: None.
The motion carried.
6. Consideration and Possible Action - Resolution No. R2022-39 - A
Resolution of the City Council of the City of Pearland, Texas, declaring the
Council’s intent to allocate additional funds, in the amount of $662,000.00
for drainage purposes in the General Fund beginning with Fiscal Year
2023; and allocating and additional $125,000.00 for Fiscal Year 2024 for a
total combined allocation of $787,000.00.
Councilmember Little made the motion, seconded by Councilmember Carbone,
to adopt Resolution No. R2022-39
AYES: Hernandez, Orlando, Kamkar, Little, Perez, and Owens.
NAYS: None.
The motion carried. Resolution No. R2022-39 is adopted.
7. Consideration and Possible Action - Resolution No. R2022-38 - A
Resolution of the City Council of the City of Pearland, Texas, providing
that a Special Election be held on May 7, 2022, for the purpose of
submitting to the qualified voters of the City one (1) proposed Proposition,
stating the subject matter of the proposed proposition to be voted upon at
said election, 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, directi ng and
giving notice of such election, providing for repeal; providing for
severability; and containing other provisions relating to the subject.
No action taken.
8. Consideration and Possible Action - Second and Final 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
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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.
Councilmember Perez made the motion, seconded by Councilmember Owens,
to adopt the Second and Final Reading of Ordinance No. 2000T-36
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, and Owens.
NAYS: None.
The motion carried. Ordinance No. 2000T-36 is adopted.
X. MATTERS REMOVED FROM CONSENT AGENDA
XI. OTHER BUSINESS
XII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
9. Consideration and Possible Action regarding a budget amendment for the
enhancement of public safety.
Councilmember Perez made the motion, seconded by Councilmember Little, to
approve Public Safety software recommendations and add the item to the
February 28, 2022 City Council Meeting
AYES: Orlando, Kamkar, Little, and Owens.
NAYS: Hernandez, Carbone, and Perez.
The motion carried.
XIII. ADJOURNMENT
Mayor Cole adjourned the meeting at 9:56 p.m.
Minutes approved as submitted and/or corrected this 28th day of February 2022.
J. Kevin Cole
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Mayor
ATTEST:
Crystal Roan, TRMC, CMC
City Secretary
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