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2022-03-07 CITY COUNCIL REGULAR MEETING MINUTES Pearland City Council Minutes March 07, 2022 MINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 7, 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. 6:30 p.m. II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG AND TEXAS FLAG City Attorney Darrin Coker gave the Invocation, and Councilmember J. David Little 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 Leslie Crittenden IV. CITIZEN COMMENTS There were none. V. PUBLIC HEARING NO. 1 PUBLIC HEARING: A request by Carolyn O’Brien, Pacheco Koch, applicant, on behalf of Kwak Jung Hwan, owner, for approval of a Conditional Use Permit (CUP) for Mini-Warehouse/Self-Storage use within the General Commercial (GC) District, to accommodate a proposed self- storage facility on a 10.61-acre tract of land, to wit: Legal Description: A 10.61-acre tract of land situated in the R. B. Lyle Survey, Abstract No. 542, City of Pearland, Brazoria County, Texas; said tract being a part of a Tract A of Ray Bellew and Sons Subdivision, a subdivision according to the Plat recorded in Volume 17, Page 21 of the Plat Records of Brazoria County, Texas. General Location: North of 1323 N. Main Street, Pearland, Texas. Senior Planner Mohamed Bireima read the purpose of the Public Hearing. Senior Planner Mohamed Bireima gave a presentation of the request. DocuSign Envelope ID: 99075401-9410-4064-975A-FE8B25C4C3D3 Pearland City Council Regular Meeting Minutes March 07, 2022 Applicant Carolyn O'Brien spoke briefly about her request and was available for questions. Mayor Cole called for citizen comments for or against the request. There were none. Mayor Cole called for Council discussion. Mayor Cole closed the Public Hearing. VI. NEW BUSINESS 1. Consideration and Possible Action - Resolution No. R2022-CUP22-02 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Mini-Warehouse/Self-Storage use within the General Commercial (GC) District, to accommodate a proposed self- storage facility on a 10.61-acre tract of land; being described as a tract of land situated in the R. B. Lyle Survey, Abstract No. 542, City of Pearland, Brazoria County, Texas; said tract being a part of a Tract A of Ray Bellew and Sons Subdivision, a subdivision according to the Plat recorded in Volume 17, Page 21 of the Plat Records of Brazoria County, Texas (located North of 1323 N. Main Street, Pearland, Texas). Conditional Use Permit Application No CUP22-02, for Mini-Warehouse/Self-Storage use within the General Commercial (GC) District, at the request of Carolyn O’Brien, Pacheco Koch, applicant, on behalf of Kwak Jung Hwan, 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. R2022-CUP22-02. AYES: Carbone, Kamkar, Little, Perez. NAYS: Hernandez, Orlando, Owens. The motion carried. Resolution No. R2022-CUP22-02 is approved. VII. PUBLIC HEARING NO. 2 PUBLIC HEARING: A request by Navam R. Sivaruban, The One P.E. Group LLC, applicant, on behalf of Mamun Hussein, Amana Group, owner, for approval of a zone change from the Suburban Residential-15 (SR-15) District to the Light Industrial (M-1) District, on approximately 2.00 acres of land; to wit: Legal Description: 2.00 acres of land being that certain parcel of land out of Tract 51-A of a subdivision of the H.T. & B.R.R. Company Survey, Section 25, Abstract No. 245, Brazoria County, Texas. General Location: Southwest Quadrant of McLean Road and Bailey Road. Councilmember Trent Perez recused himself from the Public Hearing and vote. DocuSign Envelope ID: 99075401-9410-4064-975A-FE8B25C4C3D3 Pearland City Council Regular Meeting Minutes March 07, 2022 Senior Planner Mohamed Bireima read the purpose of the Public Hearing. Senior Planner Mohamed Bireima gave a presentation of the request. Applicant Mamun Hussein spoke briefly about his request and was available for questions. Mayor Cole called for citizen comments for or against the request. Leticia Cantu, 1115 Chelsea Lane, spoke against the request. Mickey Frazier, 16801 Berry Road, spoke against the request. Billy Griffin, Pearland 77588, spoke against the request. Mamun Hussein, 3617 Fir Hollow Way, spoke in favor of the request. Mayor Cole called for Council discussion. Mayor Cole closed the Public Hearing. VIII. NEW BUSINESS 2. Consideration and Possible Action - First Reading of Ordinance No. 2000M-223 - 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 2.00 acres of land being that certain parcel of land out of Tract 51-A of a subdivision of the H.T. & B.R.R. Company Survey, Section 25, Abstract No. 245, Brazoria County, Texas (located at the Southwest Quadrant of McLean Road and Bailey Road). Zone Change Application No. ZONE 21-22, a request by Navam R. Sivaruban, The One P.E. Group LLC, applicant, on behalf of Mamun Hussein, Amana Group, owner, for approval of a zone change from the Suburban Residential-15 (SR-15) District to the Light Industrial (M-1) District, on approximately 2.00 acres of land; 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 Carbone made the motion, seconded by Councilmember Owens, to approve the First Reading of Ordinance No. 2000M-223. AYES: None. NAYS: Hernandez, Orlando, Carbone, Kamkar, Little, Owens. The motion failed. IX. CONSENT AGENDA DocuSign Envelope ID: 99075401-9410-4064-975A-FE8B25C4C3D3 Pearland City Council Regular Meeting Minutes March 07, 2022 A. Consideration and Possible Action - Excuse the absence of Councilmember Trent Perez from the City Council Regular Meeting held on February 28, 2022. B. Consideration and Possible Action - Approval of Minutes City Council Regular Meeting Minutes - February 28, 2022 C. Consideration and Possible Action - Resolution No. R2022-46 - A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply contract for grounds maintenance services (critical facilities and buy-out lots) with Econocuts, LLC, in the estimated amount of $99,670.40 for the period of March 8, 2022 through March 7, 2023. D. Consideration and Possible Action - Resolution No. R2022-55 - A Resolution of the City Council of the City of Pearland, Texas, awarding a Construction Manager at Risk contract (Public Safety Training and Education Building; and Public Safety Building Renovation Project) to Durotech in the amount of $11,726.00 for pre-construction services, $237,055.00 for General Conditions and authorizing the payment of 5.05% for profit and overhead based on the Guaranteed Maximum Price which shall be subject to future City Council approval. E. Consideration and Possible Action - Resolution No. R2022-56 - A Resolution of The City Council of the City of Pearland, Texas, amending a cooperative pricing arrangement through the Texas Department of Information Resources (DIR) for the purchase of additional software maintenance services from MCCi, in the additional amount of $50,000.00 (total amount of $96,985.40). Mayor Pro-Tem Hernandez 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. X. NEW BUSINESS CONTINUED 3. Consideration and Possible Action - Resolution No. R2022-54 - A Resolution of the City Council of the City of Pearland, Texas, accepting the City’s annual comprehensive financial report for fiscal year 2021 and the accompanying independent audit as presented by the accounting firm of BKD, LLP. Councilmember Kamkar made the motion, seconded by Councilmember Little, to adopt Resolution No. R2022-54. AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. Resolution No. R2022-54 is adopted. 4. Consideration and Possible Action - First Reading of Ordinance No. 1358- 22 - An Ordinance of the City Council of the City of Pearland, Texas, DocuSign Envelope ID: 99075401-9410-4064-975A-FE8B25C4C3D3 Pearland City Council Regular Meeting Minutes March 07, 2022 amending non-development usage and service fees; containing a savings clause, a severability clause, a repealer clause, providing for publication and an effective date. Councilmember Little made the motion, seconded by Councilmember Perez, to approve the First Reading of Ordinance No. 1358-22. AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. 5. Consideration and Possible Action – Second Reading of Ordinance No. 1605-4 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 1605-3, 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 Perez made the motion, seconded by Councilmember Owens, to approve the Second Reading of Ordinance No. 1605-4. AYES: Orlando, Carbone, Kamkar, Perez, Owens. NAYS: Hernandez. The motion carried. Ordinance No. 1605-4 is approved. 6. Consideration and Possible Action - Resolution No. R2022-57 - A Resolution of the City Council of the City of Pearland, Texas, awarding a contract for Automated License Plate Reader Services, including database access, to Flock Safety in the additional amount of $62,250.00 (total amount $93,250). Councilmember Owens made the motion, seconded by Councilmember Perez, to approve Resolution No. R2022-57. AYES: Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: Hernandez. The motion carried. Resolution No. R2022-57 is approved. XI. MATTERS REMOVED FROM CONSENT AGENDA There were none. XII. OTHER BUSINESS There was none. XIII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION There were none. XIV. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session at 7:40 p.m. Council returned from Executive Session at 9:00 p.m. DocuSign Envelope ID: 99075401-9410-4064-975A-FE8B25C4C3D3 Pearland City Council Regular Meeting Minutes March 07, 2022 Section 551.074 – Personnel Matters – Regarding the Annual Review of the City Manager. Section 551.074 – Personnel Matters – Regarding City Council ratification of the City Manager's appointment of the City Secretary. XV.NEW BUSINESS CONTINUED 8.Consideration and Possible Action – Regarding the Annual Review of the City Manager. Councilmember Perez made the motion, seconded by Councilmember Little, to adjust the salary of the City Manager. AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. 9.Consideration and Possible Action - Regarding City Council ratification of the City Manager's appointment of the City Secretary. Councilmember Perez made the motion, seconded by Councilmember Kamkar, to ratify the City Manager's appointment of City Secretary. AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens. NAYS: None. The motion carried. Leslie Crittenden was named City Secretary. XVI.ADJOURNMENT Mayor Cole adjourned the meeting at 9:01 p.m. Minutes approved as submitted and/or corrected this 28th day of March 2022. J.Kevin Cole Mayor ATTEST: Leslie Crittenden City Secretary DocuSign Envelope ID: 99075401-9410-4064-975A-FE8B25C4C3D3