2022-03-28 CITY COUNCIL REGULAR MEETING MINUTES
Pearland City Council Minutes March 28, 2022
MINUTES OF A CITY COUNCIL MEETING OF THE CITY OF PEARLAND, TEXAS,
HELD ON MARCH 28, 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
Councilmember Trent Perez 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 Leslie Crittenden
IV. CITIZEN COMMENTS
There were none.
V. NEW BUSINESS
1. Consideration and Possible Action - Second and Final 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 21B, 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,
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Pearland City Council Regular Meeting Minutes March 28, 2022
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.
Planning Manager Martin Griggs provided a staff report and presentation of the
item.
Russ Wilkins, 8511 Industrial Drive, spoke in opposition of the item.
Derrell Isenberg, 1406 Silver Maple Lane, spoke in favor of the item.
Mayor Cole called for Council discussion of the item.
Councilmember Orlando made the motion, seconded by Councilmember
Perez, to approve the Second and Final Reading of Ordinance No. 2000M-
222.
AYES: Hernandez, Little, Perez, Owens.
NAYS: Orlando, Carbone, Kamkar.
The motion carried. Ordinance No. 2000M-222 is approved.
VI. PUBLIC HEARING NO. 1
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 amendment to the City’s Thoroughfare Plan in order to accommodate a
proposed Planned Development (PD) District for residential development
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 21B, 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.
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Pearland City Council Regular Meeting Minutes March 28, 2022
General Location: The subject property is bounded by the railroad tracks
on the west and by Main Street (State Highway 35) on the east and divided
by Bailey Road.
Planning Manager Martin Griggs read the purpose of the Public Hearing and
gave a presentation of the request.
Applicant Representative Katy Harris-LJA Engineering, in attendance for any
questions on the request.
Mayor Cole called for citizen comments for or against the item. There were
none.
Mayor Cole called for Council discussion of the request.
Mayor Cole closed the Public Hearing request.
VII. NEW BUSINESS
2. Consideration and Possible Action - First Reading of Thoroughfare Plan
Amendment Ordinance.1517-4 - An ordinance of the City Council of the
City of Pearland, Texas, approval of an amendment to the City of Pearland
Thoroughfare Plan to remove the future western extension/alignment of
Industrial Drive to Bailey Road; having a savings clause, a severability
clause, and a repealer clause; providing for codification and an effective
date.
Councilmember Carbone made the motion, seconded by Councilmember Little,
to approve the First Reading of Thoroughfare Plan Amendment - Ordinance
No. 1517-4.
AYES: Carbone, Little, Hernandez, Orlando, Kamkar, Perez, Owens.
NAYS: None.
The motion carried.
VIII. PUBLIC HEARING NO. 2
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 amendment to the Land Use Plan (LUP) to accommodate a proposed
Planned Development (PD) District for residential development 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 21B, 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,
DocuSign Envelope ID: D655D6B0-F001-4000-A00E-129AC1B0B620
Pearland City Council Regular Meeting Minutes March 28, 2022
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: The subject property is bounded by the railroad tracks
on the west and by Main Street (State Highway 35) on the east and divided
by Bailey Road.
Mayor Cole read the purpose of the Public Hearing request.
Planning Manager Martin Griggs provided a staff report and a presentation on
the request.
Applicant Representative, Katy Harris - LJA Engineering, in attendance for any
questions related to the request.
Mayor Cole called for citizen comments for or against the item. There were
none.
Mayor Cole called for Council discussion of the request.
Mayor Cole closed the Public Hearing request.
IX. NEW BUSINESS
3. Consideration and Possible Action - First Reading of Land Use Plan
Amendment Ordinance.1517-5 - An ordinance of the City Council of the
City of Pearland, Texas, approval of an amendment to the City of Pearland
Future Land Use Plan to change the land use designation of several tracts
of land totaling approximately 110.127 acres from Light Industrial to
Medium-Density Residential to accommodate a proposed Planned
Development (PD) District; having a savings clause, a severability clause,
and a repealer clause; providing for codification and an effective date.
Mayor Pro-Tem Hernandez made the motion, seconded by Councilmember
Perez, to approve the First Reading of Land Use Plan Amendment Ordinance
No. 1517-5.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
X. CONSENT AGENDA
A. Consideration and Possible Action - Approval of Minutes
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Pearland City Council Regular Meeting Minutes March 28, 2022
City Council Regular Meeting Minutes - March 7, 2022
B. Consideration and Possible Action - Resolution No. R2022-28 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
supply bid for water/wastewater Polymer Services to Polydyne, Inc., in the
estimated amount of $165,528.00, beginning April 6, 2022 through April 5,
2023.
C. Consideration and Possible Action - Resolution No. R2022-53 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a design contract with Costello, Inc., for design services associated with
the Somersetshire Estates Subdivision Waterline Project, in the estimated
amount of $79,420.00.
D. Consideration and Possible Action - Resolution No. R2022-64 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a design contract with ARKK Engineers, for design, bid and construction
phase services associated with the Sunrise Lakes Lift Station
Rehabilitation Project, in the amount of $89,674.00.
E. Consideration and Possible Action - Second and Final Reading of
Ordinance No. 1358-22 - An Ordinance of the City Council of the City of
Pearland, Texas, 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 Kamkar 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.
XI. NEW BUSINESS CONTINUED
4. Consideration and Possible Action - Resolution No. R2022-58 - A
Resolution of the City Council of the City of Pearland, Texas, adopting the
City of Pearland Strategic Priorities promulgated during the City's 2022
Strategic Visioning Retreat.
City Manager Clay Pearson provided a staff report of the item.
Mayor Cole called for Council discussion of the item.
Councilmember Little made the motion, seconded by Councilmember Perez, to
approve Resolution No. R2022-58.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2022-58 is approved.
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Pearland City Council Regular Meeting Minutes March 28, 2022
5. Consideration and Possible Action – First Reading of Ordinance No. 1611
- An Ordinance of the City Council of the City of Pearland, Texas, amending
Chapter 20 of The Code of Ordinances of The City of Pearland, Texas, by
repealing Article IX, Short-term Rentals, of the City Code of Ordinances
and adopting a new Article IX, Short-term Rentals; establishing
requirements and regulations for the operation of properties as Short-term
Rentals within the corporate limits of the City of Pearland; providing a
savings clause; providing a penalty clause; a repealer clause and
providing for publication.
City Attorney Darrin Coker provided a staff report of the item.
Joseph Koza, 2403 Green Tee Drive, spoke in favor of the item.
Mayor Cole called for Council discussion of the item.
Councilmember Perez made the motion, seconded by Councilmember Owens,
to approve the First Reading of Ordinance No. 1611.
AYES: Hernandez, Carbone, Kamkar, Little, Perez, Owens.
NAYS: Orlando.
The motion carried.
6. Staff Update - Short-Term Rental (STR) Software Portal Status
City Manager Clay Pearson provided an overview of the item.
Executive Director Tracy Rohrbacher provided a staff report of the item.
Mayor Cole called for Council discussion of the item.
No action taken
7. Consideration and Possible Action - Resolution No. R2022-66 - A
Resolution of the City Council of the City of Pearland, Texas, approving
Change Order No. 8 with PLW Waterworks, in the amount of $1,078,000.00,
associated with the Surface Water Plant Project.
City Manager Clay Pearson provided a staff report of the item.
Mayor Cole called for Council discussion of the item.
Councilmember Owens made the motion, seconded by Councilmember Perez,
to approve Resolution No. R2022-66.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried. Resolution No. R2022-66.
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Pearland City Council Regular Meeting Minutes March 28, 2022
8. Consideration and Possible Action - Resolution No. R2022-67 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
an architectural services contract with Quorum Architects, for design
services associated with the Hillhouse Road Annex Phase II and the
Orange Street Service Center Phase II Project, in the estimated amount of
$2,288,800.00.
City Manager Clay Pearson provided a staff report of the item.
Director of Engineering & Public Works Robert Upton provided more information
on the item.
Mayor Cole called for Council discussion.
Councilmember Orlando made the motion, seconded by Councilmember
Carbone, to approve Resolution No. R2022-67.
AYES: Hernandez, Little.
NAYS: Orlando, Carbone, Kamkar, Perez, Owens.
The motion failed.
9. Consideration and Possible Action - Resolution No. R2022-70 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
a variance to Chapter 4, Alcoholic Beverages, of the City’s Code of
Ordinances, and authorizing the sale of mixed beverages by a food and
beverage certificate holder at a distance less than 300 feet from a public-
school property line.
City Attorney Darrin Coker provided a presentation of the item.
Applicant Julie Ward in attendance for any questions related to the item.
Mayor Cole called for Council discussion of the item.
Councilmember Carbone made the motion, seconded by Councilmember Little,
to approve Resolution No. R2022-70.
AYES: Hernandez, Perez.
NAYS: Orlando, Carbone, Kamkar, Little, Owens.
The motion failed.
XII. MATTERS REMOVED FROM CONSENT AGENDA
There were none.
XIII. OTHER BUSINESS
There was none.
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Pearland City Council Regular Meeting Minutes March 28, 2022
XIV. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
There were none.
10. Consideration and Possible Action - To forgive outstanding utility billing
arrearage in excess of 15 days not to exceed and to direct staff to establish
and publicize a “Billing Resolution Fast Track” form online.
Councilmember Luke Orlando provided his presentation of the item.
Joy Farmer, 3205 Lee Circle, spoke in opposition of the item.
Ralph King, 3805 S. Galveston, spoke in opposition of the item.
Denise Hewitt, 3404 Blue Spruce Trail, spoke in opposition of the item.
Jimmy Davis, 5004 Colmesneil Street, spoke in regards to specific issues related
to the item and brought forth alternate suggestions.
Joseph Koza, 2403 Green Tee Drive, spoke in opposition of the item.
Mayor Cole called for Council discussion of the item.
Mayor Pro-Tem Hernandez made the motion, seconded by Councilmember
Orlando, to forgive outstanding utility billing arrearage in excess of 15 days and
to direct staff to establish and publicize a "Billing Resolution Fast Track" form
online.
AYES: Hernandez, Orlando, Kamkar.
NAYS: Carbone, Little, Perez, Owens.
The motion failed.
XV. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
Council adjourned into Executive Session at 10:38 p.m.
Council returned from Executive Session at 11:07 p.m.
Section 551.071- Consultation with City Attorney- Deliberations Regarding
Pending Litigation.
Section 551.074- Personnel Matters - Deliberations Regarding City Boards
and Commissions.
XVI. NEW BUSINESS CONTINUED
11. Consideration and Possible Action - Regarding Pending Litigation.
No action taken.
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Pearland City Council Regular Meeting Minutes March 28, 2022
12.Consideration and Possible Action - Regarding City Boards and
Commissions.
Councilmember Carbone made the motion, seconded by Councilmember
Perez, to appoint Angela McCathran to the Planning and Zoning Commission,
Position No. 5, for the term expiring November 2024.
AYES: Hernandez, Orlando, Carbone, Kamkar, Little, Perez, Owens.
NAYS: None.
The motion carried.
XVII.ADJOURNMENT
Mayor Cole adjourned the meeting at 11:07 p.m.
Minutes approved as submitted and/or corrected this 11th day of April 2022.
J.Kevin Cole
Mayor
ATTEST:
Leslie Crittenden
City Secretary
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